J?
LIBRARY US£ ONLY
Ontario
REVISED REGULATIONS REGLEMENTS REFONDUS
OF ONTARIO, 1990 DE L'ONTARIO DE 1990
VOLUME 3
PRINTED BY THE IMPRIME PAR
SQUEEN'S PRINTER FOR ONTARIO «L'IMPRIMEUR DE LA REINE POUR L'ONTARIO
TORONTO
1992
The Revised Regulations of Ontario, 1990 were Les Règlements refondus de l'Ontario de 1990 ont
prepared by the Commissioners appointed under été préparés par les commissaires nommés en vertu
the Regulations Revision Act, 1989. de la Loi de 1989 sur la refonte des règlements.
e
USER'S GUIDE TO THE REVISED
REGULATIONS OF ONTARIO, 1990
Contents of the Revised Regulations of Ontario, 1990
The Revised Regulations of Ontario, 1990
contain the Regulations of Ontario filed
before January 1, 1991, as arranged, consoli-
dated and revised in accordance with the
Regulations Revision Act, 1989. Regulations
that are not of general application but that
are still in force are listed in the Schedule
contained in the final volume of these
Revised Regulations. Obsolete regulations
have been omitted from both the Revision
and the Schedule. They have no further
effect.
Regulations which have been amended or remade
Amendments made to the Regulations of
Ontario on or after January 1, 1991. are not
contained in the Revised Regulations of
Ontario, 1990. Regulations which were in
force on December 31, 1990 but which were
revoked or remade between that date and
September 1, 1991 are not contained in the
Revised Regulations of Ontario. 1990.
Amendments and remade regulations will be
published as a supplementary revision in The
Ontario Gazette.
To determine if a regulation contained in the
Revised Regulations of Ontario, 1990 has
been amended, refer to the Table of Regula-
tions published in the most recent annual
statute volume and in The Ontario Gazette.
The table lists all of the regulations con-
tained in the Revised Regulations of
Ontario, 1990, and all regulations filed on or
after January 1, 1991, and shows whether or
not a regulation has been amended, remade
or revoked.
To determine if a regulation has been
amended, remade, or revoked since the pub-
lication of the latest Table of Regulations,
reference should be made to the weekly pub-
lications of The Ontario Gazette.
Arrangement of the Revised Regulations of Ontario,
1990
The Table of Regulations in each volume
lists the statutes alphabetically in English and
shows for each statute the regulations made
under it.
A reader who knows the English title of an
Act may find the regulations made under
that Act by consulting the Table of Regula-
tions. A reader who knows the French lan-
guage subject-matter of an Act under which
GUIDE D'UTILISATION DES
RÈGLEMENTS REFONDUS DE
L'ONTARIO DE 1990
Contenu des Règlements refondus de l'Ontario de
1990
Les Règlements refondus de l'Ontario de
1990 rassemblent les règlements de l'Ontario
déposés avant le V janvier 1991, tels qu'ils
ont été arrangés, codifiés et refondus confor-
mément à la Loi de 1989 sur la refonte des
règlements. Les règlements qui ne sont pas
de portée générale, mais qui demeurent en
vigueur, sont énumérés dans l'annexe qui se
trouve dans le dernier volume du présent
recueil. Les règlements caducs ont été omis
du recueil et de l'annexe; ils n'ont plus d'ef-
fet juridique.
Règlements modifiés ou pris de nouveau
Les modifications apportées aux règlements
de l'Ontario depuis le 1" janvier 1991 ne
figurent pas dans les Règlements refondus de
l'Ontario de 1990. Les règlements qui étaient
en vigueur le 31 décembre 1990 mais qui ont
été abrogés ou pris de nouveau entre cette
date et le 1" septembre 1991 ne figurent pas
non plus dans le recueil. Les modifications et
les règlements pris de nouveau seront publiés
à part à titre de refonte supplémentaire dans
la Gazette de l'Ontario.
Pour déterminer si un règlement figurant
dans les Règlements refondus de l'Ontario de
1990 a été modifié, il suffit de se reporter à
la Table des règlements contenue dans le
plus récent volume annuel des lois ainsi que
dans la Gazette de l'Ontario. Cette table énu-
mère tous les règlements contenus dans les
Règlements refondus de l'Ontario de 1990
ainsi que tous les règlements déposés depuis
le V janvier 1991; elle indique également si
un règlement a été modifié, pris de nouveau
ou abrogé.
Pour déterminer si un règlement a été modi-
fié, pris de nouveau ou abrogé depuis la
publication de la plus récente Table des
règlements, il faut se reporter aux publica-
tions hebdomadaires dans la Gazette de
l'Ontario.
Agencement des Règlements refondus de l'Ontario de
1990
La Table of Regulations qui se trouve dans
chaque volume énumère les Lois refondues
de l'Ontario de 1990 par ordre alphabétique
anglais et indique, à la suite de chaque loi,
les règlements pris en application de celle-ci.
L'usager qui connaît le titre anglais d'une loi
peut trouver les règlements pris en applica-
tion de celle-ci en consultant cette table.
L'usager qui connaît le titre français d'une loi
en application de laquelle un règlement peut
m
USER'S GUIDE
a regulation may have been made may find
the English title of the Act by consulting the
Table alphabétique des matières in volume 9
and then cross-referencing to the Table of
Statutes of the Revised Statutes of tDntario,
1990 which is also set out in volume 9.
Title Changes
The Revised Statutes of Ontario, 1990
changed the titles of several statutes. These
include the Agricultural Development Finance
Act (now Province of Ontario Savings Office
Act), the Apprenticeship and Tradesmen's
Qualification Act (now Trades Qualification
Act) and the Dog Licensing and Live Stock
and Poultry Protection Act (now Livestock,
Poultry and Honey Bee Protection Act).
Minor changes have been made to the titles
of other Acts. Regulations made under the
former Act appear under the new title where
the Commissioners are of the opinion the
regulations still have effect.
Rules of Civil Procedure
The Rules of Civil Procedure made under
the Courts of Justice Act are published in
Volume 9.
Volume 9 of the Revised Regulations of Ontario, 1990
In addition to the Rules of Civil Procedure,
Volume 9 of the Revised Regulations of
Ontario, 1990 contains the following items
that may be of interest:
1. A copy of the report of the Regulation
Revision Commissioners on the
Revised Regulations of Ontario, 1990.
2. The Regulations Revision Act, 1989,
S.O. 1989, c. 82 under which the
Revised Regulations of Ontario, 1990
were prepared is included for purposes
of convenient reference. »
3. A Schedule to the Revised Regula-
tions of Ontario, 1990, which shows
those regulations which remain in
force until revocation or expiry but
which are not set forth in full because
they are not of general application.
4. A copy of the Table of Statutes from
the Revised Statutes of Ontario, 1990
and a copy of the Table alphabétique
des matières.
English and French Versions of Regulations
Regulations that were made in English and
French appear in bilingual form in the
Revised Regulations of Ontario, 1990. Regu-
lations which were made in English only and
avoir été pris, peut trouver le titre anglais de
la loi en consultant la Table alphabétique des
matières qui se trouve dans le volume 9, puis
en se reportant à la Table of Statutes conte-
nue dans les Lois refondues de l'Ontario de
1990 qui est également reproduite dans le
volume 9.
Changement de titres
Les Lois refondues de l'Ontario de 1990 ont
modifié le titre anglais de plusieurs lois; par
exemple : la loi intitulée Agricultural Deve-
lopment Finance Act (maintenant intitulée
Province of Ontario Savings Office Act),
Apprenticeship and Tradesmen's Qualification
Act (maintenant Trades Qualification Act) et
Dog Licensing and Live Stock and Poultry
Protection Act (maintenant Livestock, Poul-
try and Honey Bee Protection Act).
Des modifications mineures ont aussi été
apportées au titre d'autres lois. Les règle-
ments pris en application des anciennes lois
figurent sous le nouveau titre lorsque les
commissaires sont d'avis que les règlements
ont encore un effet juridique.
Règles de procédure civile
Les Règles de procédure civile prises en
application de la Loi sur les tribunaux judi-
ciaires sont publiées dans le volume 9.
Le volume 9 des Règlements refondus de l'Ontario de
1990
Outre les Règles de procédure civile, le
volume 9 des Règlements refondus de l'On-
tario de 1990 présente certains documents
d'intérêt connexe :
1. Le rapport des commissaires chargés
de préparer les Règlements refondus
de l'Ontario de 1990.
2. Le texte de la Loi de 1989 sur la
refonte des règlements, L.O. 1989,
chap. 82, en vertu de laquelle les
Règlements refondus de l'Ontario de
1990 ont été préparés, qui est repro-
duit à titre indicatif.
3. Une annexe aux Règlements refondus
de l'Ontario de 1990 indiquant les
règlements qui demeurent en vigueur
jusqu'à leur abrogation ou leur expira-
tion et qui ne sont pas reproduits en
entier parce qu'ils ne sont pas de por-
tée générale.
4. Le texte de la Table of Statutes figu-
rant dans les Lois refondues de l'Onta-
rio de 1990 ainsi que le texte de la
Table alphabétique des matières.
Versions anglaise et française des règlements
Les règlements qui ont été pris en français et
en anglais paraissent sous forme bilingue
dans les Règlements refondus de l'Ontario de
1990. Les règlements qui n'ont été pris qu'en
IV
GUIDE D'UTILISATION
for which there was no official French ver-
sion on December 31, 1990, appear in
English only. French versions of regulations
are being prepared on a regular basis. To see
if a French version has been made, the
reader should follow the procedures
described above under the heading "Regula-
tions which have been amended or remade".
Citation of Regulations
A regulation in the Revised Regulations of
Ontario, 1990, may be cited as "Revised
Regulations of Ontario, 1990, Regulation
{number)" , as "Règlements refondus de
l'Ontario de 1990, Règlement {number)" , as
"R.R.O. 1990, Reg. {number)" or as
"R.R.O. 1990, Règl. {number)".
Organization of a Regulation
Every regulation is composed of numbered
sections, cited as section 1, 2, 3, etc. Many
sections are further divided into two or more
subsections, cited as subsection (1), (2), (3),
etc. Some sections and subsections also con-
tain clauses (cited as clause (a), (b), (c),
etc.), subclauses (cited as subclause (i), (ii),
(iii), etc.), paragraphs (cited as paragraph 1,
2, 3, etc.) and subparagraphs (cited as sub-
paragraph i, ii, iii, etc.). Further levels of
division are possible, although they are rare.
Some regulations are divided into numbered
Parts, cited as Part I, II, III, etc.
Some regulations contain a definition section
that lists, in alphabetical order, definitions of
terms used in the regulation. The definition
section is usually at the beginning of the reg-
ulation, although definitions sometimes
appear elsewhere. In a regulation that is
divided into Parts, the first section of a Part
often contains definitions of terms used in
that Part.
Forms and Schedules to regulations usually
appear at the end unless they are quite short.
Some regulations may contain a Table of
Contents at the beginning of the regulation
and in addition may have an index to Forms
or Schedules if there are a large number of
these items.
Headings
Headings in the body of a regulation do not
form part of the regulation and should not be
relied on as a means of interpreting the regu-
anglais et pour lesquels il n'existait aucune
version française officielle le 31 décembre
1990, ne paraissent qu'en anglais. Une ver-
sion française des règlements est en voie de
préparation. Pour déterminer si une version
française a été prise, l'usager peut se repor-
ter à la marche à suivre décrite ci-dessus sous
la rubrique «Règlements modifiés ou pris de
nouveau».
Citation des règlements
La citation d'un règlement des Règlements
refondus de l'Ontario de 1990 peut se faire
selon l'une des formules suivantes :
«Règlements refondus de l'Ontario de 1990,
Règlement {numéro)», «Revised Regulations
of Ontario, 1990, Regulation {numéro)»,
«R.R.O. 1990, Règl. {numéro)», «R.R.O.
1990, Reg. {numéro)».
Division d'un règlement
Chaque règlement se compose d'articles
numérotés que l'on cite ainsi : article 1, 2, 3,
etc. Ces articles se divisent souvent en para-
graphes cités ainsi : paragraphe (1), (2), (3),
etc. Certains articles et certains paragraphes
contiennent également des alinéas (cités
ainsi : alinéa a), b), c), etc.), des sous-alinéas
(cités ainsi : sous-alinéa (i), (ii), (iii), etc.),
des dispositions (citées ainsi : disposition 1 ,
2, 3, etc.) et des sous-dispositions (citées
ainsi: sous-disposition i, ii, iii, etc.). Des
divisions plus poussées sont rares dans les
textes législatifs.
Certains règlements sont également divisés
en parties numérotées, citées ainsi : partie I,
II, III, etc.
Certains règlements comportent une disposi-
tion qui énonce, par ordre alphabétique, la
définition de certains termes utilisés dans les
textes. Cette disposition se présente habituel-
lement sous la forme d'un article placé au
début du règlement, bien que certaines défi-
nitions puissent être placées ailleurs dans le
texte. Dans un règlement qui est divisé en
parties, le premier article d'une partie con-
tient souvent la définition de termes utilisés
dans celle-ci.
Les formules et les annexes qui font partie
d'un règlement se trouvent généralement à la
fin de celui-ci, à moins qu'elles ne soient très
courtes.
Un sommaire figure parfois au début du
règlement, ainsi qu'un index des formules ou
des annexes s'il y en a un grand nombre.
Intertitres
Les intertitres d'un règlement ne font pas
partie de celui-ci et ne doivent pas servir à
l'interpréter. Ils ne servent qu'à faciliter l'uti-
lisation du texte.
USER'S GUIDE
lation. They are included only for conve-
nience of reference.
Historical references
Every section of every regulation in the
Revised Regulations of Ontario, 1990, con-
tains information to assist in tracing the his-
tory of the section. This historical informa-
tion appears in the form of a citation, found
at the end of every section and at the end of
some subsections. A citation indicates the
origin of the provisions between that citation
and the previous citation.
For example, the historical reference
"R.R.O. 1980, Reg. 1, s. 1" appears at the
end of section 1 of Regulation 1, General,
made under the Abandoned Orchards Act.
This means that the provision has been car-
ried forward without amendment from sec-
tion 1 of Regulation 1 of the Revised Regula-
tions of Ontario, 1980.
The historical reference "R.R.O. 1980, Reg.
1, s. 2, Sched. 1" appears at the end of sec-
tion 2 of Regulation 1. This means that sec-
tion 1 and Schedule 1 of Regulation 1 of the
Revised Regulations of Ontario, 1980 have
been combined.
The historical reference "O. Reg. 172/90, s.
1(1); O. Reg. 294/90, s. 1" appears at the
end of subsection 1(1) of Regulation 5, Fees
and Expenses — Justices of the Peace, made
under the Administration of Justice Act. This
means that subsection 1(1) of Regulation 5 as
it was made by subsection 1(1) of Ontario
Regulation 172/90 appears as it was amended
by subsection 1(1) of Ontario Regulation
294/90.
Some historical references contain the word
"revised". This means that the language of
the former provision was significantly
changed by the Commissioners who prepared
the Revised Regulations of Ontario, 1990.
The historical references do not form part of
the regulation and are included only for con-
venience of reference.
Interpretation Act
Readers of the Revised Regulations of
Ontario, 1990, should be aware of the
Interpretation Act, R.S.O. 1990, c. I.ll. The
Act contains a number of provisions that
apply to the interpretation of regulations.
For example, the Act contains definitions
that apply to particular words and phrases
used in all regulations, unless the context
otherwise requires. It also contains provisions
that may apply when a regulation is revoked
and replaced by another regulation.
Notes historiques
Les articles de chaque règlement des Règle-
ments refondus de l'Ontario de 1990 contien-
nent des renseignements qui permettent d'en
retracer l'historique. Ces renseignements se
trouvent, sous forme de citation, à la fin de
chaque article et à la fin de certains paragra-
phes. La note historique indique l'origine des
dispositions placées entre elle et la note pré-
cédente.
Par exemple, la note historique «R.R.O.
1980, Reg. 1, s. 1» paraît à la fin de l'article
1 du Règlement 1, «General», pris en appli-
cation de la Loi sur les vergers abandonnés.
Ceci signifie que cette disposition a été tirée
sans modification de l'article 1 du Règlement
1 des Règlements refondus de l'Ontario de
1980.
La note historique «R.R.O. 1980, Reg. 1,
s. 2, Sched. 1» paraît à la fin de l'article 2 du
Règlement 1. Ceci signifie que l'article 1 et
l'annexe 1 du Règlement 1 des Règlements
refondus de l'Ontario de 1980 ont été combi-
nés.
La note historique «Règl. de l'Ont. 172/90,
par. 1 (1); Règl. de l'Ont. 294/90, art. 1»
paraît à la fin du paragraphe 1 (1) du Règle-
ment 5, «Fees and Expenses — Justices of
the Peace», pris en application de la Loi sur
l'administration de la justice. Ceci signifie que
le paragraphe 1 (1) du Règlement 5 tel qu'il
a été pris par le paragraphe 1 (1) du Règle-
ment de l'Ontario 172/90 paraît tel qu'il a été
modifié par le paragraphe 1 (1) du Règle-
ment de l'Ontario 294/90.
Certaines notes historiques comportent le
mot «révisé». Ceci signifie que la formulation
de l'ancienne disposition a été remaniée sen-
siblement par les commissaires qui ont pré-
paré les Règlements refondus de l'Ontario de
1990.
Les notes historiques ne font pas partie du
texte des règlements et ne sont incluses que
pour faciliter la consultation de ceux-ci.
Loi d'interprétation
Les usagers des Règlements refondus de
l'Ontario de 1990 sont priés de tenir compte
de la Loi d'interprétation, L.R.O. 1990,
chap. LU. Cette loi contient certaines dispo-
sitions qui s'appliquent à l'interprétation des
règlements. Elle comporte, par exemple, des
définitions qui s'appliquent aux termes et
expressions utilisés dans tous les règlements,
sauf lorsque le contexte exige un sens diffé-
rent. Elle contient également des dispositions
qui peuvent s'appliquer lorsqu'un règlement
est abrogé et remplacé par un autre.
VI
GUIDE D'UTILISATION
Other Laws
Readers are reminded that, in addition to
Ontario regulations, particular legal issues
may be affected by other kinds of laws,
including the Constitution of Canada, stat-
utes of the Parliament of Canada and the
Legislature of Ontario, municipal by-laws
and the common law.
Ministerial Responsibility for Regulations
Regulations are laws of Ontario. A validly
made regulation has as much force in law as
a statute. Regulations are all made under
statutes that authorize their making. With
the exception of a few statutes that are
administered directly by the Legislative
Assembly, every Act of the Legislature is
administered through a ministry of the
Ontario Government. The Ministry of Gov-
ernment Services publishes a brochure detail-
ing which statutes are administered by each
ministry. The brochure is entitled "Ministe-
rial Responsibility for Acts".
Publications Ontario
Copies of the Revised Regulations of
Ontario, 1990, individual regulations and
other Government of Ontario publications
may be obtained from Publications Ontario.
Personal shopping is available at 880 Bay
Street, Toronto. Customers may write to
Publications Ontario, 5th Floor, 880 Bay
Street, Toronto M7A 1N8. Orders may be
placed by telephone at (416) 326-5300 or,
toll-free in Ontario, 1-800-668-9938. Tele-
phone Service for the hearing impaired is
available at (416) 325-3408 or, toll-free in
Ontario, 1-800-268-7095. Mastercard and
Visa are accepted. Cheques and money
orders should be made payable to the Trea-
surer of Ontario. Prepayment is required.
Autres lois
Certaines questions d'ordre juridique peu-
vent nécessiter, outre la consultation des
Règlements de l'Ontario, celle d'autres tex-
tes, y compris la Constitution du Canada, les
lois du Parlement du Canada et de la Législa-
ture de l'Ontario, les règlements municipaux,
ainsi que le recours à la common law.
Responsabilité ministérielle pour les règlements
Les règlements sont des textes législatifs de
l'Ontario. Un règlement valide a tout autant
d'effet juridique qu'un texte de loi. Les
règlements sont tous pris en application
d'une loi qui autorise leur prise. À l'excep-
tion de quelques lois dont l'application relève
directement de l'Assemblée législative, l'ap-
plication des lois de la Législature se fait par
l'entremise d'un ministère du gouvernement
de l'Ontario. Le ministère des Services gou-
vernementaux publie une brochure intitulée
«La responsabilité ministérielle pour les
lois», qui fournit tous les renseignements uti-
les à cet égard.
Publications Ontario
On peut se procurer des exemplaires des
Règlements refondus de l'Ontario de 1990.
de règlements particuliers ainsi que d'autres
publications du gouvernement de l'Ontario à
Publications Ontario, 880, rue Bay, Toronto.
On peut également écrire à Publications
Ontario, 880, rue Bay, 5" étage, Toronto
(Ontario) M7A 1N8. Pour les commandes
téléphoniques, composer le (416) 326-5300
ou, sans frais en Ontario, le 1-800-668-9938.
Les malentendants peuvent composer le
(416) 325-3408 ou, sans frais en Ontario, le
1-800-268-7095. Les cartes de crédit Master-
card et Visa sont acceptées. Faire le chèque
ou le mandat à l'ordre du trésorier de l'Onta-
rio. Le paiement est exigé d'avance.
vu
TABLE OF REGULATIONS
REVISED REGULATIONS OF ONTARIO, 1990
The listings in this Table are, with few exceptions,
in English only. As of the date of the revision (De-
cember 31, 1990), very few regulations had an offi-
cial French version. The French and English titles
are shown for those regulations adopted in both
languages.
VOLUME 1 Reg.
Abandoned Orchards Act
General 1
Administration of Justice Act
Court Reporters and Court Monitors 2
Fee Payable to Small Claims Court Referees 3
Fees and Expenses —
Jurors and Crown Witnesses 4
Justices of the Peace 5
Sheriff's Officers, Process Servers, Escorts
and Municipal Police Forces 6
Fees —
Construction Liens 7
Repair and Storage Liens Act 8
Unified Family Court 9
Investigation Fee — Official Guardian 10
Kilometre Allowances 11
Ontario Court (General Division)— Fees 12
Sheriffs — Fees 13
Small Claims Court — Fees and Allowances 14
Aggregate Resources Act
General 15
Agricultural and Horticultural Organizations Act
General 16
Names 17
Agricultural Tile Drainage Installation Act
General 1g
Ambulance Act
General 19
Amusement Devices Act
General 20
Anatomy Act
General ; 21
Animals For Research Act
General 22
Pounds 23
Research Facilities and Supply Facilities 24
Transportation 25
Apprenticeship and Tradesmen's Qualification Act
— See Trades Qualification Act
Arbitrations Act
Fees Chargeable by Arbitrators 26
Architects Act
General 27
Artificial Insemination of Livestock Act
General 28
Assessment Act
Application for Direction of School Support 29
Assessment Areas and Regions 30
TABLE DES REGLEMENTS
RÈGLEMENTS REFONDUS DE L'ONTARIO DE 1990
Les entrées de la présente Table sont, à peu d'ex-
ceptions près, en anglais seulement. En effet, seuls
quelques règlements avaient, le 31 décembre 1990,
une version française officielle. Les règlements pris
sous forme bilingue sont indiqués sous leurs titres
français et anglais.
Reg.
Assessment Notices 31
Assessment Notices of Supplementary or Omitted
Assessment 32
Equalization of Assessments (Various Municipalities)
Under Subsection 63 (3) of the Act 33
Interior Information Questionnaire 34
Pipe Line Rates 35
Pipe Line Rates 36
Pipe Line Rates 37
Pipe Line Rates 38
Pipe Line Rates 39
Pipe Line Rates in Muskoka and Parry Sound 40
Pipe Line Rates in Part of the District of Algoma and
Part of The Regional Municipality of
Ottawa-Carleton 41
Pipe Line Rates in Parts of the Counties of Hastings
and Simcoe and Parts of the United Counties of
Prescott and Russell and Stormont, Dundas and
Glengarry 42
Pipe Line Rates in Parts of the Counties of
Peterborough, Simcoe and Victoria and in Parts of
the Districts of Sudbury and Algoma 43
Pipe Line Rates in the County of Huron and Parts of
the Counties of Haliburton, Hastings, Peterborough,
Simcoe and Victoria and Part of the District of
Timiskaming 44
Pipe Line Rates in The Regional Municipality of
Sudbury 45
Pipe Line Rates Under Subsection 25 (16) of the Act 46
Pipe Line Rates Under Subsection 25 (17) of the Act 47
Property Income Questionnaire 48
Revision and Certification of Assessment
Commissioner's List 49
Assessment Review Board Act
Procedure 50
Athletics Control Act
Amount of Tax 51
General 52
Bailiffs Act
General 53
Beef Cattle Marketing Act
Licence Fees 54
Weighing of Carcasses 55
Weighing of Live Cattle 56
Bees Act
General 57
Blind Persons' Rights Act
Guide Dogs 59
Boilers and Pressure Vessels Act
General 59
Boundaries Act
General 60
IX
TABLE OF REGULATIONS
Reg.
Building Code Act
General 61
Business Corporations Act
General 62
Cemeteries Act
Closings 63
General 64
Trust Funds 65
Centennial Centre of Science and Technology Act
Fees 66
Certification of Titles Act
General 67
Change of Name Act
Loi sur le changement de nom
General 68
Dispositions générales 68
Charitable Institutions Act
General 69
Child and Family Services Act
General 70
Register 71
Children's Law Reform Act
Forms 72
Chiropody Act
General 73
Collection Agencies Act
General 74
Commercial Concentration Tax Act
General 75
Commissioners for Taking Affidavits Act
Fees 76
Commodity Boards and Marketing Agencies Act
Levies —
Cream 77
Milk 78
Levies or Charges —
Chicken 79
Chicken (Over Quota) 80
Cream 81
Eggs 82
Eggs (Over Quota) 83
Fowl 84
Hatching Eggs 85
Hatching Eggs and Chicks (Over Quota) 86
Milk 87
Tobacco 88
Turkeys 89
Commodity Futures Act
General 90
Community Psychiatric Hospitals Act
General 91
Grants 92
Community Recreation Centres Act
General 93
Compulsory Automobile Insurance Act
Certificate of Insurance 94
Exemptions 95
Reg.
Condominium Act
General 96
Surveys and The Description 97
Conservation Authorities Act
Conservation Areas —
Ausable-Bayfield 98
Cataraqui Region 99
Catfish Creek 100
Central Lake Ontario 101
Credit Valley 102
Crowe Valley 103
Essex Region 104
Ganaraska Region 105
Grand River 106
Grey Sauble 107
Halton Region 108
Hamilton Region 109
Kawartha Region 110
Kettle Creek Ill
Lake Simcoe Region 112
Lakehead Region 113
Long Point Region 114
Lower Thames Valley 115
Lower Trent Region 116
Maitland Valley 117
Mattagami Region 118
Metropolitan Toronto and Region 119
Mississippi Valley 120
Moira River 121
Napanee Region 122
Niagara Peninsula 123
Nickel District 124
North Bay-Mattawa 125
VOLUME 2
Conservation Authorities Act (Continued)
Conservation Areas — (Continued)
North Grey Region 126
Nottawasaga Valley 127
Otonabee Region 128
Prince Edward Region 129
Rideau Valley 130
St. Clair Region 131
Sauble Valley 132
Saugeen Valley 133
Sault Ste. Marie Region 134
South Nation River 135
Upper Thames River 136
Fill-
Grand Valley 137
Moira River 138
Spencer Creek 139
Fill and Alteration to Waterways —
Raisin Region 140
Sault Ste. Marie Region Conservation
Authority 141
Fill, Construction and Alteration to Waterways —
Ausable-Bayfield 142
Cataraqui Region 143
Catfish Creek 144
Central Lake Ontario 145
Credit Valley 146
Essex Region 147
Ganaraska Region Conservation Authority 148
Grand River 149
Halton Region Conservation Authority 150
Hamilton Region 151
Kettle Creek 152
Lake Simcoe Region 153
Long Point Region Conservation Authority 154
Lower Thames Valley 155
I
TABLE DES RÈGLEMENTS
Reg.
Lower Trent Region 156
Mattagami Region 157
Metropolitan Toronto and Region 158
IVIississippi Valley (The) 159
Napanee Region Conservation Authority 160
Nickel District 161
North Bay-Mattawa Conservation Authority 162
North Grey 163
Nottawasaga Valley 164
Otonabee Region 165
Rideau Valley 166
St. Clair Region 167
Sauble Valley 168
Saugeen Valley 169
Upper Thames River 170
Consolidated Hearings Act
Aggregate Resources Act 171
Conservation Authorities Act 172
Hearings 173
Lakes and Rivers Improvement Act 174
Construction Lien Act
General -. 175
Consumer Protection Act
General 176
Consumer Reporting Act
General 177
Co-operative Corporations Act
General 178
Co-operative Loans Act
General 179
Coroners Act
General 180
Corporations Act
General 181
Corporations Information Act
General 182
Corporations Tax Act
General 183
Costs of Distress Act
Costs 184
Courts of Justice Act
Loi sur les tribunaux judiciaires
Bilingual Proceedings 185
Designation of Regions 186
District of Algoma Civil Case Management Rules 187
Règles de gestion des causes civiles du district
d'Algoma 187
Duties of Clerks and Bailiffs of the Small Claims Court . 188
Essex Civil Case Management Rules 189
Règles de gestion des causes civiles d'Essex 189
Money Paid Into Court 190
Number of Judges 191
Part-Time Provincial Judges Authorized to Practise
Law 192
Provincial Judges Benefits 193
Rules of Civil Procedure (See Volume 9) 194
Règles de procédure civile (Voir Volumes) 194
Rules of the Court of Appeal in Appeals Under the
Provincial Offences Act 195
Rules of the Ontario Court (General Division) and the
Ontario Court (Provincial Division) in Appeals Under
Section 116 of the Provincial Offences Act 196
Reg.
Rules of the Ontario Court (General Division) in Estate
Proceedings 197
Rules of the Ontario Court (Provincial Division) in
Appeals Under Section 135 of the Provincial
Offences Act 198
Rules of the Ontario Court (Provincial Division) in
Family Law Proceedings 199
Rules of the Ontario Court (Provincial Division) in
Provincial Offences Proceedings 200
Rules of the Small Claims Court 201
Rules of the Unified Family Court 202
Salaries and Benefits of Masters 203
Salaries and Benefits of Provincial Judges 204
Small Claims Court Jurisdiction 205
Territorial Divisions for the Small Claims Court 206
VOLUME 3
Credit Unions and Caisses Populaires Act
Loi sur les caisses populaires et les credit urtions
Annual Premium 207
Credit Union Leagues 208
Fédérations de caisses 208
Designations Under Section 85 of the Act 209
General 210
Dispositions générales 210
Matching Assets 211
Éléments d'actif correspondants 211
Membership in Credit Union Leagues 212
Adhésion aux fédérations de caisses 212
Membership in Credit Unions 213
Adhésion aux caisses 213
Stabilization Funds 214
Crop Insurance Act (Ontario)
Arbitration Proceedings 215
Crop Insurance Plan —
Apples 216
Asparagus 217
Black Tobacco 218
Burley Tobacco 219
Carrots 220
Coloured Beans 221
Corn 222
Cucumbers 223
Flue-Cured Tobacco 224
Forage Seeding Establishment 225
Grapes 226
Green and Wax Beans 227
Greenhouse Vegetables 228
Hay and Pasture 229
Honey 230
Lima Beans 231
Oil Seed 232
Onions 233
Peaches 234
Peanuts 235
Pears 236
Peas 237
Peppers 238
Plums 239
Popping Corn 240
Potatoes 241
Pumpkins and Squash 242
Red Beets 243
Red Spring Wheat 244
Rutabagas 245
Seed Corn 246
Sour Cherries 247
Specialty Crops 248
Spring Grain 249
Sunflowers 250
Sweet Cherries 251
XI
TABLE OF REGULATIONS
Reg.
Sweet Corn 252
Tomatoes 253
White Beans 254
Winter Wheat 255
Crop Insurance Plans — General 256
Designation of Insurable Crops 257
Crown Employees Collective Bargaining Act
General 258
Rules of Procedure 259
Crown Timber Act
General 260
Dangerous Goods Transportation Act
General 261
Day Nurseries Act
General 262
Dead Animal Disposal Act
General 263
Dental Technicians Act
General 264
Denture Therapists Act
General 265
Deposits Regulation Act
General 266
Development Charges Act
Development Charges 267
Education Development Charges 268
Development Corporations Act
Innovation Ontario Corporation 269
Ontario Film Development Corporation (The) 270
Ontario International Corporation 271
Developmental Services Act
General 272
District Welfare Administration Boards Act
Application for Grant Under Section 10 of the Act 273
Drainage Act
Forms 274
Rules of Practice and Procedure to be Followed in All
Proceedings Before the Referee 275
Drugless Practitioners Act
Chiropractors 276
Classifications 277
General 278
Masseurs 279
Osteopaths 280
Physiotherapists 281
Edible Oil Products Act
General 282
Education Act
Calculation of Amount of Reserve or Reduction in
Requirement Resulting from Strike or Lock-out 283
Conditions for Extended Funding 284
Continuing Education 285
County Combined Separate School Zones 286
Designation of School Divisions 287
Designation of Support Staff 288
Designation of Teachers 289
District Combined Separate School Zones 290
District School Areas 291
Reg.
Fees for Ministry Courses 292
Fees For Transcripts and Statements of Standing and
for Duplicates of Diplomas, Certificates and Letters
of Standing 293
James Bay Lowlands Secondary School Board 294
Northern District School Area Board 295
Ontario Schools for the Blind and the Deaf 296
Ontario Teacher's Qualifications 297
Operation of Schools — General 298
Payment of Legislative Grants 299
Practice and Procedure — Boards of Reference 300
Pupil Records 301
Purchase of Milk 302
Regional Tribunals 303
School Year and School Holidays 304
Special Education Identification Placement and Review
Committees and Appeals 305
Special Education Programs and Services 306
Special Grant 307
Supervised Alternative Learning for Excused Pupils 308
Supervisory Officers 309
Teachers' Contracts 310
Territory Without Municipal Organization Attached to a
District Municipality 311
Training Assistance 312
Trustee Distribution 313
Elderly Persons Centres Act
General 314
Election Act
Fees and Expenses 315
Elevating Devices Act
General 316
Employee Share Ownership Plan Act
Forms 317
General 318
Employer Health Tax Act
General 319
Employment Agencies Act
General 320
Employment Standards Act
Benefit Plans 321
Domestics, Nannies and Sitters 322
Forms 323
Fruit, Vegetable and Tobacco Harvesters 324
General 325
Residential Care Workers 326
Termination of Employment 327
Endangered Species Act
Endangered Species 328
Energy Act
Fuel Oil Code 329
Gas Pipeline Systems 330
Gas Utilization Code 331
Oil Pipeline Systems 332
Propane Storage, Handling and Utilization Code 333
Environmental Assessment Act
General 334
Rules of Practice — Environmental Assessment Board .... 335
Environmental Protection Act
Air Contaminants From Ferrous Foundries 336
Ambient Air Quality Criteria 337
Boilers 338
Classes of Contaminants — Exemptions 339
XII
TABLE DES RÈGLEMENTS
Reg.
Containers 340
Deep Well Disposal 341
Designation of Waste 342
Discharge of Sewage From Pleasure Boats 343
Disposable Containers for Milk 344
Disposable Paper Containers for Milk 345
General — Air Pollution 346
General — Waste Management 347
Hauled Liquid Industrial Waste Disposal Sites 348
Hot Mix Asphalt Facilities 349
Lambton Industry Meteorological Alert 350
Marinas 351
Mobile PCB Destruction Facilities 352
Motor Vehicles 353
Municipal Sewage and Water and Roads Class
Environmental Assessment Project 354
Ontario Hydro 355
Ozone Depleting Substances — General 356
Refillable Containers for Carbonated Soft Drink 357
Sewage Systems 358
Sewage Systems — Exemptions 359
Spills 360
Sulphur Content of Fuels 361
Waste Management — PCB's 362
Expropriations Act
Forms 363
Rules to be Applied for the Purposes of Subsection
32 (1) of the Act 364
Extra-Provincial Corporations Act
General 365
Family Benefits Act
General 366
Family Law Act
Loi sur le droit de la famille
Designation of Matrimonial Home — Forms 367
Election of Surviving Spouse 368
Choix du conjoint survivant 368
Farm Implements Act
General 369
Farm Income Stabilization Act
Fresh Market Potato Stabilization, 1989-1992— Plan 370
Grain Stabilization, 1988-1990— Plan 371
Farm Products Containers Act
Containers — Fruit and Vegetables 372
Farm Products Grades and Sales Act
Burley Tobacco 373
Flue-Cured Tobacco 374
Fruit — Controlled-Atmosphere Storage 375
Grades —
Beef Carcasses 376
Christmas Trees 377
Fruit and Vegetables 378
Hog Carcasses 379
Lamb and Mutton Carcasses 380
Poultry 381
Veal Carcasses 382
Grain 383
Honey 384
Licences 385
Maple Products 386
VOLUME 4
Farm Products Marketing Act
Apples —
Marketing 387
Reg.
Plan 388
Arbitration of Disputes 389
Asparagus —
Marketing 390
Plan 391
Beans —
Marketing 392
Plan 393
Berries for Processing —
Marketing 394
Plan 395
Broiler Hatching Eggs and Chicks —
Marketing 396
Plan 397
Burley Tobacco —
Marketing 398
Plan 399
By-Laws for Local Boards 400
Chicken — Extension of Powers of the Canadian
Chicken Marketing Agency 401
Chickens —
Marketing 402
Plan 403
Designation —
Ontario Canola Growers' Association 404
Ontario Coloured Bean Growers' Association 405
Eggs-
Extension of Powers of the Canadian Egg
Marketing Agency 406
Marketing 407
Marketing Limitations 408
Plan 409
Fresh Grapes —
Marketing 410
Plan 411
Fresh Potatoes —
Marketing 412
Plan 413
Grapes for Processing —
Marketing 414
Plan 415
Greenhouse Vegetables —
Appointment of Trustee 416
Marketing 417
Plan 418
Hogs —
Marketing 419
Plan 420
Local Boards 421
Potatoes —
Marketing 422
Plan 423
Processing Tomato Seedling Plants —
Marketing _ 424
Plan 425
Rutabagas — Marketing 426
Seed-Corn —
Marketing 427
Plan 428
Sheep —
Marketing 429
Plan 430
Soybeans —
Marketing 431
Plan 432
Tender Fruit —
Marketing 433
Plan 434
Tobacco —
Marketing 435
Plan 436
Turkeys —
Marketing 437
Marketing Limitations 438
XIII
TABLE OF REGULATIONS
Reg.
Plan 439
Vegetables for Processing —
Marketing 440
Plan 441
Wheat-
Marketing 442
Plan 443
Farm Products Payments Act
Fund for Egg Producers 444
Fund for Livestock Producers 445
Fund for Milk and Cream Producers 446
Fund for Producers of Canola 447
Fund for Producers of Grain Corn 448
Fund for Producers of Potatoes for Processing 449
Fund for Producers of Soybeans 450
Fund for Producers of Vegetables for Processing 451
Fire Departments Act
Filing in Ontario Court (General Division) of Decision
of Arbitrator or Arbitration Board 452
Standards for Pumpers 453
Fire (Marshals Act
Fire Code 454
General 455
Fisli Inspection Act
Duality Control 456
Forest Fires Prevention Act
Fire Regions 457
Forestry Act
Nurseries 458
Freedom of Information and Protection of Privacy Act
Loi sur l'accès à l'information et la protection de la vie
privée
Disposai of Personal Information 459
General 460
Dispositions générales 460
French Language Services Act
Loi sur les services en français
Exemptions 461
Exemptions 461
General 462
Dispositions générales 462
Freshwater Fish Marketing Act (Ontario)
General 463
Fuel Tax Act
General 464
Miscellaneous 465
Refunds 466
Funeral Directors and Establishments Act
Board — Composition and Remuneration 467
Compensation Fund 468
Equipment and Premises 469
Licensing and Business Practices 470
Fur Farms Act
General 471
Game and Fish Act
Amphibians 472
Animals Declared to be Fur-Bearing Animals 473
Aylmer Hunting Area 474
Aylmer Lagoon Hunting Area 475
Bag Limit for Black Bear 476
Beaver Meadow Hunting Area 477
Reg.
Black Bear Management Areas 478
Bows and Arrows 479
Bullfrogs 480
Calton Swamp Hunting Area 481
Camden Lake Hunting Area 482
Copeland forest Hunting Area 483
Crown Game Preserves 484
Discharge of Firearms From or Across Highways and
Roads 485
Discharge of Firearms on Sunday 486
Fingal Hunting Area 487
Firearms — Aulneau Peninsula 488
Fishing Huts 489
Fishing Licences 490
Fur Harvest, Fur Management and Conservation
Course 491
Furs 492
Game Bird Hunting Preserves 493
Game Birds — Captivity, Propagation or Sale 494
Guides 495
Hullett Hunting Area 496
Hunter Safety Training Course 497
Hunting in Lake Superior Provincial Park 498
Hunting in Long Point National Wildlife Area 499
Hunting Licences 500
Hunting on Crown Lands in the Geographic
Townships of Bruton and Clyde 501
Hunting on Designated Crown Land and in Provincial
Parks 502
Lake St. Lawrence Hunting Area 503
Licence to Chase Raccoon at Night and Fox, Coyote or
Wolf During the Day 504
Licence to Possess Nets 505
Luther Marsh Hunting Area 506
Nashville Tract Hunting Area 507
Navy Island Hunting Area 508
Open Seasons —
Black Bear 509
Fur-Bearing Animals 510
Game Birds 511
Moose and Deer 512
Rabbits and Squirrels 513
Snapping Turtles 514
Orangeville Reservoir Hunting Area 515
Petroglyphs Provincial Park Hunting Area 516
Polar Bears 517
Prohibition of Hunting and Possession of Firearms 518
Reporting and Registering Possession of Certain Game 519
Reptiles 520
Sale of Bass and Trout and Fishing Preserves 521
Snares 522
Stag Island Hunting Area 523
Tiny Marsh Hunting Area 524
Trade in Game Animal Hides and Cast Antlers 525
Trap-Line Areas 526
Traps 527
Traps— Order Under Subsection 30 (4) of the Act 528
Waters Set Apart — Frogs 529
Wildlife Management Units 530
Wolves and Black Bears in Captivity 531
Gasoline Handling Act
Gasoline Handling Code 532
Gasoline Tax Act
General 533
Returns and Refunds 534
General Welfare Assistance Act
Civil Legal Aid 535
Dental Services 536
General 537
Indian Bands 538
XIV
TABLE DES RÈGLEMENTS
Grain Corn Marketing Act
Licence Fees
Grain Elevator Storage Act
General
Guarantee Companies Securities Act
Approved Guarantee Companies ....
Reg.
.539
.540
.541
Healing Arts Radiation Protection Act
Hospitals Prescribed for the Installation and Operation
of Computerized Axial Tomography Scanners 542
X-Ray Safety Code 543
Health Care Accessibility Act
Administrative Charge
.544
Health Disciplines Act
Child Resistant Packages 545
Dental Hygienists 546
Dentistry 547
Medicine 548
Nursing 549
Optometry 550
Pharmacy 551
Health Insurance Act
General
.552
HeaKh Protection and Promotion Act
Areas Comprising Health Units 553
Camps in Llnorganized Territory 554
Capital Assistance Grants for Boards of Health 555
Clinics for Sexually Transmitted Diseases 556
Communicable Diseases — General 557
Designation of Communicable Diseases 558
Designation of Municipal Members of Boards of
Health 559
Designation of Reportable Diseases 560
Exemption — Subsection 38 (2) of the Act 561
Food Premises 562
Grants for Health Promotion Projects and Initiatives 563
Grants to Boards of Health 564
Public Pools 565
Qualifications of Boards of Health Staff 566
Rabies Immunization 567
Recreational Camps 568
Reports 569
School Health Services and Programs 570
Slaughterhouses and Meat Processing Plants 571
Warrant 572
VOLUME 5
Highway Traffic Act
Allowable Gross Weight for Designated Class of
Vehicle 573
Appeals 574
Commercial Motor Vehicle Inspections 575
Commercial Vehicle Operator's Registration
Certificates 576
Covering of Loads 577
Demerit Point System 578
Designation of Highways 579
Designation of Paved Shoulders on King's Highway 580
Disabled Person Parking Permits 581
Driver Improvement Program 582
Driver Licence Examinations 583
Driver's Licence Suspension for Default of Payment of
Fine 584
Drivers' Licences 585
Driving Instructor's Licence 586
Equipment 587
Reg.
Exemption from Section 7 of the Act — American
States 588
Exemption from Sectioi s 7 and 11 of the Act —
States of the United States of America 589
State of Illinois 590
State of Michigan 591
State of South Dakota 592
Exemption from Subsection 85 (1) of the Act —
Province of Alberta 593
State of New York 594
Garage Licences 595
General 596
Gross Vehicle Weights 597
Gross Weight on Bridges 598
Highway Closings 599
Hours of Work 600
Motor Vehicle Inspection Stations 601
Notice to Have Motor Vehicle(s) Examined and Tested . 602
Over-Dimensional Farm Vehicles 603
Parking 604
Parking of Vehicles in Territory Without Municipal
Organization 605
Portable Lane Control Signal Systems 606
Reciprocal Suspension of Licences 607
Restricted Use of Left Lanes by Commercial Motor
Vehicles 608
Restricted Use of the King's Highway 609
Safety Helmets 610
Safety Inspections 611
School Buses 612
Seat Belt Assemblies 613
Security of Loads 614
Signs 615
Slow-Moving Vehicle Sign 616
Special Permits 617
Specifications and Standards for Trailer Couplings 618
Speed Limits 619
Speed Limits in Provincial Parks 620
Speed Limits in Territory Without Municipal
Organization 621
Stopping of Vehicles on Parts of the King's Highway .... 622
Stop Signs at Intersections 623
Stop Signs in Territory Without Municipal
Organization 624
Tire Standards and Specifications 625
Traffic Control Signal Systems 626
Use of Controlled-Access Highways by Pedestrians 627
Vehicle Permits 628
Vehicles for the Transportation of Physically Disabled
Passengers 829
Vehicles on Controlled-Access Highways 630
Yield Right-of-Way Signs in Territory Without
Municipal Organization 631
Historical Parks Act
Historical Parks — Fees 632
Parks 633
Homemakers and Nurses Services Act
General 634
Homes for Retarded Persons Act
General 635
Homes for Special Care Act
General 636
Homes for the Aged and Rest Homes Act
General 637
Hospital Labour Disputes Arbitration Act
Remuneration of Chairs and Members of Arbitration
Boards 638
Rules of Procedure 639
XV
TABLE OF REGULATIONS
Reg.
Hotel Fire Safety Act
General 640
Housing Development Act
General 641
Human Rights Code Act
Search and Entry Warrants 642
Hunter Damage Compensation Act
General 643
Hypnosis Act
Application of Section 2 of the Act 644
Immunization of School Pupils Act
General 645
Income Tax Act
Amounts Deducted or Withheld By Employers 646
Ontario Tax Reduction 647
Tax Table for Individuals 648
Independent Health Facilities Act
Application and Exemptions 649
General 650
Industrial Standards Act
Designation of Industries and Zones 651
Duties of Employers and Advisory Committees 652
Interprovincially Competitive Industries 653
Publication Costs 654
Schedule —
Bricklaying and Stonemasonry
Industry — Ottawa 655
Bricldaying and Stonemasonry
Industry — Toronto 656
Electrical Repair and Construction
Industry — Toronto 657
Fur Industry — Ontario 658
Ladies' Cloak and Suit Industry — Ontario 659
Ladies' Dress and Sportswear Industry 660
Men's and Boys' Clothing Industry— Ontario 661
Plastering Industry — Ottawa 662
Insurance Act
Agents' Licences 663
Automobile Insurance 664
Calculations Under Clause 60 (1) (b) of the Act 665
Classes of Insurance 666
Compensation Corporations 667
Fault Determination Rules 668
Financial Statements 669
General 670
Life Companies Special Shares — Investment 671
No-Fault Benefits Schedule 672
Order Under Paragraph 1 of Subsection 108 (2) of the
Act— Rates of Interest 673
Replacement of Life Insurance Contracts 674
Schedule of Fees 675
Uninsured Automobile Coverage 676
Variable Insurance Contracts of Life Insurers 677
Interpretation Act
Fees Payable Under Various Acts 678
Investment Contracts Act
Registration 879
Juries Act
General 680
Justices of the Peace Act
Salaries and Benefits 681
Reg.
Laboratory and Specimen Collection Centre
Licensing Act
Laboratories 682
Specimen Collection Centres 683
Labour Relations Act
General 684
Office of the Board 685
Rules of Procedure 686
Land Registration Reform Act
Automated Recording and Property Mapping 687
Documents 688
Land Titles Act
Fees 689
Forms, Records and Procedures 690
Land Titles Divisions 691
Surveys and Descriptions of Land 692
Transfer of Functions 693
Land Transfer Tax Act
Delegation of Authority 694
Exemptions —
For Certain Easements Granted to Oil or Gas
Pipe Lines 695
For Certain Inter-Spousal Transfers 696
For Conveyance to Family Farm Corporation
or Family Business Corporation 697
For Conveyance to Non-Resident Persons
and Persons Who Are Not Non-Resident
Persons 698
Forms 699
Leases 700
Notice of Purchaser's Lien for Default 701
Rates of Interest 702
Taxation of Mineral Lands 703
Transfers Between Related Corporations 704
Landlord and Tenant Act
Classes of Accommodation Deemed not to be
Residential Premises 705
Forms 706
Summary of Part IV of the Act 707
Law Society Act
General 708
Law Foundation 709
Legal Aid Act
General 710
VOLUME 6
Legislative Assembly Retirement Allowances Act
General 711
Lightning Rods Act
General 712
Limited Partnerships Act
General 713
Line Fences Act
Appeals 714
Forms 715
Land in Territory Without Municipal Organization 716
Liquor Control Act
General 717
Liquor Licence Act
General 718
XVI
TABLE DES RÈGLEMENTS
Reg.
Licences to Sell Liquor 719
Manufacturers' Licences 720
Possession of Liquor in Conservation Areas Operated
by the Halton Region Conservation Authority 721
Possession of Liquor in Parks Managed or Controlled
by the Niagara Parks Commission and the St. Clair
Parkway Commission 722
Possession of Liquor in Provincial Parks 723
Livestock and Livestock Products Act
Eggs 724
Livestock 725
Processed Egg 726
Wool 727
Livestock Branding Act
Forms and Fees 728
Livestock Community Sales Act
General 729
Livestock lyAedicines Act
General 730
Livestock, Poultry and l-loney Bee Protection Act
Application for Payment of a Grant 731
Dogs at Large in Unorganized Areas 732
Loan and Trust Corporations Act
General 733
Local Roads Boards Act
Establishment of Local Roads Areas —
Northern and Eastern Regions 734
Northwestern Region 735
General 736
Local Services Boards Act
Local Services Boards 737
Marriage Act
General 738
Meat Inspection Act (Ontario)
General 739
Members' Conflict of Interest Act
Loi sur les conflits d'intérêts des membres de
l'Assemblée
General 740
Dispositions générales 740
Mental Health Act
Application of Act 741
Grants 742
Mental Hospitals Act
Application of Section 13 of the Public Hospitals Act .... 743
General 744
Milk Act
By-Laws for Marketing Boards 745
Cheese —
Exchange 746
Information to be Furnished 747
Marketing 748
Marketing — Exemptions 749
Cream for Processing —
Marketing 750
Plan 751
Cream Producers — Licences 752
Grades, Standards, Designations, Classes, Packing and
Marking 753
Industrial Milk — Marketing 754
Reg.
Levies — Milk 755
Marketing Boards 756
Marketing of Milk to Fluid Milk Processors 757
Milk-
Marketing 758
Transportation 759
Milk and Cheese — Plan 760
Milk and Milk Products 761
Milk Producers, Licences, Quotas, Pools and
Transportation 762
Milk Products — Extension of Powers 763
Reconstituted Milk — General 764
Mining Act
Exploratory Licences and Leases for Oil and Natural
Gas North of the Fifty-first Parallel of Latitude 765
Exploratory Licences and Production Leases for
Natural Gas in Lake Erie 766
Mining Divisions 767
Surveys of Mining Claims 768
Mining Tax Act
General 769
Ministry of Colleges and Universities Act
Colleges of Applied Arts and Technology —
Boards of Governors and Council of Regents 770
Colleges 771
Graduate Scholarship Awards 772
Ontario Special Bursary Program 773
Ontario Student Loans 774
Ontario Study Grant Plan 775
Ministry of Community and Social Services Act
Social Assistance Review Board 776
Ministry of Consumer and Commercial Relations Act
Fees 777
Ministry of Correctional Services Act
General 778
Intermittent Sentences 779
Ministry of Health Act
Bursaries and Fellowships for Health Study 780
Chest Diseases Control Clinics 781
Chiropody Bursaries 782
Dental Bursaries 783
District Health Councils 784
Grants — Health Resources 785
Grants to Accredited Nursing Homes 786
Grants to University Faculties of Medicine 787
Medical Bursaries 788
Nursing Bursaries 789
Nursing Innovation Fund 790
Occupational Therapy Bursaries 791
Physiotherapy Bursaries 792
Speech Pathology and Audiology Bursaries 793
Standard Ward Accommodation 794
Ministry of Natural Resources Act
Mining and Lands Commissioner to Hear and
Determine Appeals Under Subsection 28 (5) of the
Conservation Authorities Act 795
Ministry of Tourism and Recreation Act
Grants for Non-Profit Camps 796
Recreation Programs 797
Mortgage Brokers Act
General 798
Motor Vehicle Accident Claims Act
Designated Insurers 799
XVII
TABLE OF REGULATIONS
General
Reg.
.800
Motor Vehicle Dealers Act
General
.801
Motor Vehicle Repair Act
General
.802
Motorized Snow Vehicles Act
Designations 803
General 804
Motorized Snow Vehicle Operators' Licences 805
Municipal Act
Designation —
Agricultural Research Stations 806
Correctional Institutions 807
Facilities Under Developmental Services Act 808
Municipalities 809
Provincial Education Institutions 810
Provincial Mental Health Facilities and Public
Hospitals 811
Universities 812
Pension Plan for Municipal Employees 813
Small Business Programs 814
Waste Management 815
Municipal Affairs Act
Tax Arrears and Tax Sale Procedures
816
Municipal and School Board Payments Adjustment Act
General 817
Municipal Elections Act
Use of Central Vote Tabulators 818
Use of Vote Tabulators 819
Use of Voting Recorders 820
Municipal Extra-Territorial Tax Act
Assessment Equalization Factor 821
General 822
Reg.
Occupational Health and Safety Act
Control of Exposure to Biological or Chemical Agents .. 833
Critical Injury — Defined 834
Designated Substance —
Acrylonitrile 835
Arsenic 836
Asbestos 837
Asbestos on Construction Projects and in
Buildings and Repair Operations 838
Benzene 839
Coke Oven Emissions 840
Ethylene Oxide 841
Isocyanates 842
Lead 843
Mercury 844
Silica 845
Vinyl Chloride 846
Designations Under Clause 16 (1) (n) of the Act 847
Diving Operations 848
Firefighters — Protective Equipment 849
Hazardous Materials Inventories 850
Industrial Establishments 851
Inventory of Agents or Combinations of Agents for the
Purpose of Section 34 of the Act 852
Joint Health and Safety Committees — Exemption From
Requirements 853
Mines and Mining Plants 854
Oil and Gas— Offshore 855
Roll-Over Protective Structures 856
Teachers 857
University Academics and Teaching Assistants 858
Window Cleaning 859
Workplace Hazardous Materials Information System
(WHMIS) 860
X-Ray Safety 861
Official Notices Publication Act
Rates
.862
Off-Road Vehicles Act
General
863
Municipal Freedom of Information and Protection of
Privacy Act
Loi sur l'accès à l'information municipale et la
protection de la vie privée
General 823
Dispositions générales 823
Municipal Tax Sales Act
Loi sur les ventes pour impôts municipaux
Municipal Tax Sales Rules 824
Règles concernant les ventes pour impôts municipaux . 824
Municipality of Metropolitan Toronto Act
Ward Boundaries 825
Niagara Escarpment Planning and Development Act
Designation of Area of Development Control 826
Designation of Planning Area 827
Development Within the Development Control Area 828
Oleomargarine Act
General
.864
Niagara Parks Act
General
829
Non-Resident AgricuKural Land Interests
Registration Act
General 830
Notaries Act
Fees
.831
Nursing Homes Act
General 832
Ombudsman Act
General Rules 865
Ontario Agricultural Museum Act
Fees 866
General 867
Ontario Drug Benefit Act
General 868
Ontario Energy Board Act
General 869
Rules of Procedure 870
Ontario Food Terminal Act
Composition and Procedure of Board 871
Conduct of Business 872
Ontario Guaranteed Annual Income Act
Forms 873
General 874
Ontario Heritage Act
Archaeological Sites 875
Grants and Loans 876
Grants for Museums 877
Grants for Plaguing 878
Grants to Incorporated Historical Societies and
Associations 879
XVIII
TABLE DES REGLEMENTS
Reg. Reg.
Historic Sites 880 Personal Property Security Act
Licences 881 Branch Offices 910
Fees 911
Ontario Highway Transport Board Act General 912
Rules of Procedure 882 Personal Property Security Assurance Fund 913
Ontario Home Ownership Savings Plan Act Pesticides Act
General 883 General 914
Ontario Institute for Studies in Education Act Petroleum Resources Act
General 884 Exploration Drilling and Production 915
Protection of Designated Gas Storage Areas 916
Ontario Lottery Corporation Act
General 885 Planning Act
Notice Requirements —
Ontario Mineral Exploration Program Act Interim Control By-Laws 917
Ontario Mineral Incentive Program 886 Official Plans and Community Improvement
Ontario Prospectors' Assistance Program 887 Plans 918
Removal of Holding Symbol from Zoning
Ontario Municipal Board Act By-Law 919
Fees 888 Zoning By-Laws 920
Rules of Procedure 889 Planning Board Fees 921
Rules of Procedure —
Ontario Municipal Employees Retirement System Act Consent Applications 922
General 890 Minor Variance Applications 923
Ontario Municipal Improvement Corporation Act Plant Diseases Act
Procedure 891 General 924
Ontario New Home Warranties Plan Act Police Services Act
Administration of the Plan 892 Arbitration 925
Designation of Corporation 893 Equipment 926
Terms and Conditions of Registration of Builders and »/"®u^ .>f*î!^. ®d i' ".' Ill
Vendors 894 Members Duty to Prepare Informations 928
Municipal Police Forces 929
Ontario Pensioners Property Tax Assistance Act Responsibility of Policing 930
Amount-Clause 2 (2) (a) of the Act 895 p„^„ Corporation Act
^^"®''^' !f? Debt Guarantee Fees 931
^'^"'' 897 pee3 332
«_» • ni /» ^- A-^ Water Heaters 933
Ontario Place Corporation Act
^^^^ 89' Prepaid Services Act
_ . _, . _ , ^ . . General 934
Ontario Telephone Development Corporation Act
Composition and Procedures of Corporation 899 Prescription Drug Cost Regulation Act
General 935
VOLUME 7 Notice to Patients 936
Ontario Water Resources Act ^"^^ Hospitals Act
Municipal Sewage and Water and Roads Class general 937
Environmental Assessment Projects 900 n-»i »•. jo -^ ^ j«
Plumbing Code ! 901 '^T '^«^^'g»'"»^'' »"«* Security Guards Act
Rate of Interest 902 t^eneral 938
^®"® 9°3 Private Vocational Schools Act
-. »• c ■ A-^ General 939
Operating Engineers Act
*^®"®'^^' 3°* Proceedings Against the Crown Act
^ . . , . _. . Garnishment 940
Ophthalmic Dispensers Act
^«"«'^3' 905 Professional Engineers Act
General 941
Paperback and Periodical Distributors Act
^^"^■■3' 906 Province of Ontario Savings Office Act
Interest Rate 942
Paries Assistance Act
General 907 Provincial Land Tax Act
Forms 943
Parkway Belt Planning and Development Act General 944
Parkway Belt Planning Area 908
Provincial Offences Act
Pension Benefits Act Costs 945
General 909 Extensions of Prescribed Times 946
xix
TABLE OF REGULATIONS
Reg.
Fee for Late Payment of Fine 947
Fine Option Program 948
Parking Infractions 949
Proceedings Commenced by Certificate of Offence 950
Provincial Parks Act
Designation of Parks 951
General 952
Guides in Quetico Provincial Park 953
Mining in Provincial Parks 954
Psychologists Registration Act
General 955
Public Accountancy Act
Licence Fee 956
Public Hospitals Act
Capital Grants for the Amalgamation of Hospital
Services 957
Capital Grants for Ambulance Facilities 958
Capital Grants for Capital Expenditures that will
Produce Savings in Operating Costs 959
Capital Grants for Hospital Construction and
Renovation 960
Capital Grants for Local Rehabilitation and Crippled
Children's Centres 961
Capital Grants for Regional Rehabilitation Hospitals 962
Capital Grants for Teaching Hospitals 963
Classification of Hospitals 964
Hospital Management 965
Oil Conversion Grants 966
Special Grants —
Acquisition of Hospital Facilities 967
Correction of Hazardous Conditions 968
Management of Biomedical Waste 969
Public Institutions Inspection Act
Fees and Allowances to Panel Members 970
Public Lands Act
Crown Land Camping Permit 971
Fees for Certificates and Orders 972
Land Use Permits 973
Sale and Lease of Public Lands 974
Work Permits 975
Public Libraries Act
Grants for Public Libraries 976
Public Service Act
General 977
Public Transportation and Highway Improvement Act
Intersections in Unorganized Territory 978
Permits 979
Use of Rest, Service or Other Areas 980
Public Trustee Act
General 981
Public Vehicles Act
General 982
Race Tracks Tax Act
Forms 983
General 984
Radiological Technicians Act
General 985
Real Estate and Business Brokers Act
General 986
Reg.
Reciprocal Enforcement of Judgments Act
Application of Act 987
Reciprocal Enforcement of Support Orders Act
Reciprocating States 988
Registered Insurance Brokers Act
Composition and Election of Council 989
Exemptions 990
General 991
Registry Act
Canada Lands 992
Certification Areas 993
Fees 994
Forms and Records 995
Registry Divisions 996
Surveys, Plans and Descriptions of Land 997
Transfer of Functions 998
Regulations Act
General 999
Rental Housing Protection Act
General 1000
Repair and Storage Liens Act
Fees 1001
Forms 1002
General 1003
Residential Rent Regulation Act
General 1004
Regions 1005
Rent Determination 1006
Rent Registry 1007
Rental Housing Maintenance Standards 1008
Rules Under Sections 60, 61 and 62 of the Act for
Applications and Justifications 1009
Suite Hotel 1010
Retail Sales Tax Act
Definitions 1011
Definitions by Minister 1012
General 1013
Riding Horse Establishments Act
General 1014
VOLUME 8
Securities Act
General 1015
Seed Potatoes Act
General 1016
Shoreline Property Assistance Act
General 1017
Small Business Development Corporations Act
Additional Material to be Furnished with Grant
Applications 1018
Forms 1019
General 1020
Terms and Conditions Relating to Beneficial
Ownership of Equity Shares 1021
St. Clair Parkway Commission Act
General 1022
St. Lawrence Parks Commission Act
Parks 1023
XX
TABLE DES RÈGLEMENTS
Reg.
Stock Yards Act
Management 1024
Surveyors Act
Certificates of Registration 1025
General 1026
Surveys Act
Monuments 1027
Ontario Co-ordinate Systenn 1028
Survey Methods 1029
Technology Centres Act
Ontario Centre for Resource Machinery Technology .... 1030
Theatres Act
General 1031
Tile Drainage Act
Borrowing By-Laws, Debentures and Loans 1032
Tobacco Tax Act
Forms 1033
General 1034
Refunds 1035
Toronto Area Transit Operating Authority Act
General 1036
Tourism Act
General 1037
Trades Qualification Act
Air Cooled and Marine Engine Mechanic 1038
Alignment and Brakes Mechanic 1039
Auto Body Repairer 1040
Automatic Machinist 1041
Automotive Machinist 1042
Automotive Painter 1043
Baker 1044
Brick and Stone Mason 1045
Cement Mason 1046
Construction Boilermaker 1047
Construction Millwright 1048
Cook 1049
Dry Cleaner 1050
Electrician 1051
Farm Equipment Mechanic 1052
Fitter (Structural Steel/Platework) 1053
Fuel and Electrical Systems Mechanic 1054
General 1055
General Carpenter 1056
General Machinist 1057
Glazier and Metal Mechanic 1058
Heavy Duty Equipment Mechanic 1059
Hoisting Engineer 1060
Horticulturist 1061
Industrial Electrician 1062
Industrial Mechanic (Millwright) 1063
Industrial Woodworker 1064
Ironworker 1065
Lather 1066
Lineworker 1067
Motor Vehicle Mechanic 1068
Motorcycle Mechanic 1069
Mould Maker 1070
Painter and Decorator 1071
Plasterer 1072
Reg.
Plumber 1073
Printer 1074
Radio and Television Service Technician 1075
Refrigeration and Air-Condltioning Mechanic 1076
Sheet Metal Worker 1077
Sprinkler and Fire Protection Installer 1078
Steamfitter 1079
Tool and Die Maker 1080
Transmission Mechanic 1081
Truck-Trailer Repairer 1082
Watch Repairer 1083
Transboundary Pollution Reciprocal Access Act
Reciprocating Jurisdictions 1084
Travel Industry Act
General 1085
Truck Transportation Act
Conditions of Carriage —
Carriers of 01 41 — Livestock and 01
92 — Animal Specialties 1086
General Freight Carriers 1087
Household Goods Carriers 1088
Intermediaries 1089
Obligations of Licensees 1090
Operating Licences 1091
Upholstered and Stuffed Articles Act
General 1092
Veterinarians Act
General 1093
VKal Statistics Act
General 1094
Vocational Rehabilitation Services Act
General 1095
Weed Control Act
General 1096
Wild Rice Harvesting Act
General 1097
Wilderness Areas Act
Wilderness Areas 1098
Wine Content Act
Wine Blending Requirements 1099
Woodlands Improvement Act
General 1100
Workers' Compensation Act
First Aid Requirements 1101
General 1102
Pension Plan 1103
VOLUME 9
Rules of Civil Procedure
(Courts of Justice Act) 194
Règles de procédure civile
(Loi sur les tribunaux judiciaires) 194
XXI
Reg./Règl. 207
Reg./Règl. 207
Credit Unions and Caisses Populaires Act
Loi sur les caisses populaires et les credit unions
l
REGULATION 207
ANNUAL PREMIUM
1. In this Regulation,
"Corporation" means the Ontario Share and Deposit Insurance Cor-
poration;
"deposit" includes any deposit whether or not insured or required to
be insured by the Corporation;
"share capital" includes any share capital whether or not insured or
required to be insured by the Corporation. O. Reg. 150/87, s. 1.
2. The following are prescribed as the terms under which the Cor-
poration shall establish an annual premium for a credit union:
1. The annual premium shall be calculated at the rate of $2.10
per $1,000 of combined share capital and deposits of the
credit union.
2. The Corporation, not later than ninety days after the start
of a calendar year, shall determine the amount of combined
share capital and deposits of the credit union based on,
i. the audited financial statements of the credit union if
its fiscal year ended between the 30th day of June
and the 1st day of October in the preceding calendar
year and if by the 30th day of November in that year
it filed, with the Corporation, the statements
together with a written request to base the determi-
nation on the statements,
ii. the quarterly statistical return of the credit union for
any quarter ending between the 30th day of June and
the 1st day of October in the preceding calendar year
if,
A. the credit union filed the return with the Cor-
poration by the 31st day of October in the
preceding calendar year or by such later date
as the Corporation may permit,
B. the Corporation is satisfied that the informa-
tion in the return is sufficiently accurate for its
purposes, and
C. the criteria in subparagraph i have not been
met,
iii. an audited statement of the share capital and depos-
its of the credit union for any quarter ending
between the 30th day of June and the 1st day of
October in the preceding calendar year if,
A. the Corporation has directed the credit union
to file the statement,
B. the credit union filed the statement with the
Corporation by the 15th day of December of
the preceding calendar year or by such later
date as the Corporation may permit, and
C. the criteria in subparagraphs i and ii have not
been met,
iv. an estimate by the Corporation, if the criteria in sub-
paragraphs i, ii and iii have not been met.
3. Where the annual premium for a credit union is established
on the basis of an estimate and the Corporation has under-
estimated the premium, upon receipt of an audited financial
statement, quarterly statistical return or a statement of
share capital and deposits for a period described in subpara-
graph i, ii or iii of paragraph 2, as may be appropriate, that,
except for the date of filing, otherwise satisfies the require-
ments of the relevant subparagraph, the Corporation shall
adjust the premium to reflect the amount that would have
been payable had the relevant document been available at
the time the estimate was made.
4. If the annual premium for a credit union, when calculated
in accordance with paragraphs 1, 2 and 3, would be less
than $100, the Corporation shall establish the premium for
the credit union at $100.
5. Where a credit union carries on business for less than the
full year in respect of which an annua! premium is estab-
lished, its annual premium for that year shall be reduced by
an amount proportionate to the period in which it did not
carry on business.
6. The Corporation may use approximate figures in determin-
ing or calculating any amount, rate or premium under this
Regulation. O. Reg. 150/87, s. 2; O. Reg. 45/88, s. 1;
O. Reg. 159/89, s. 1.
3. A credit union shall pay the full amount of the annual premium
assessed on it by the Corporation within thirty days of the date of the
invoice for the premium. O. Reg. 150/87, s. 3.
4. A credit union shall file an audited statement of its share capi-
tal and deposits with the Corporation at such time as may be speci-
fied in a direction given to it by the Corporation and the statement
shall relate to the period set out in the direction. O. Reg. 150/87,
s. 4.
Reg./Règl. 208
CREDIT UNIONS AND CAISSES POPULAIRES
Reg./Règl. 210
REGULATION 208
CREDIT UNION LEAGUES
1. The following provisions of the Act do not apply to leagues:
1. Section 29.
2. Section 40.
3. Section 41.
4. Paragraphs 7 and 8 of section 80.
5. Subsection 82 (1).
6. Section 91.
R.R.O. 1980, Reg. 194, s. 1; O. Reg. 59/81, s. 1.
REGLEMENT 208
FÉDÉRATIONS DE CAISSES
1 Les dispositions suivantes de la Loi ne s'appliquent pas aux
fédérations :
1. L'article 29.
2. L'article 40.
3. L'article 41.
4. Les dispositions 7 et 8 de l'article 80.
5. Le paragraphe 82 (1).
6. L'article 91.
Régi, de l'Ont. 481/90, art. 1, en partie.
REGULATION 209
DESIGNATIONS UNDER SECTION 85 OF THE ACT
1. The Small Business Loans Act (Canada) is designated as an
Act under which a credit union may make guaranteed loans provided
that the loans are made in accordance with the provisions of that
Act. O. Reg. 802/82, s. 1.
REGULATION 210
GENERAL
1. An application for incorporation by articles of incorporation
shall be in Form 1. R.R.O. 1980, Reg. 195, s. 1.
2. A certificate of incorporation shall be in Form 2. R.R.O.
1980, Reg. 195, s. 2.
3. A certificate of amalgamation shall be in Form 3. R.R.O.
1980, Reg. 195, s. 3.
4. Articles of amendment shall be in Form 4. R.R.O. 1980,
Reg. 195, s. 4.
5. A certificate of amendment shall be in Form 5. R.R.O. 1980,
Reg. 195, s. 5.
6. Restated articles of incorporation shall be in Form 6. R.R.O.
1980, Reg. 195, s. 6.
7. A restated certificate of incorporation shall be in Form 7.
R.R.O. 1980, Reg. 195, s. 7.
8. An application by a credit union incorporated under the laws
of a province or territory of Canada for extra-provincial registration
under section 142 of the Act shall be in Form 9. O. Reg. 744/83,
s. 1.
9. The fees set out in the Schedule shall be paid to the Treasurer
of Ontario. R.R.O. 1980, Reg. 195, s. 8.
RÈGLEMENT 210
DISPOSITIONS GÉNÉRALES
1 La demande de constitution au moyen de statuts constitutifs est
rédigée selon la formule 1. Règl. de l'Ont. 96/89, art. 2, en partie.
2 Le certificat de constitution est rédigé selon la formule 2. Règl.
de l'Ont. 96/89, art. 2, en partie.
3 Le certificat de fusion est rédigé selon la formule 3. Règl. de
l'Ont. 96/89, art. 2, en partie.
4 Les statuts modificatifs sont rédigés selon la formule 4. Règl. de
l'Ont. 96/89, art. 2, en partie.
5 Le certificat de modification est rédigé selon la formule 5. Règl.
de l'Ont. 96/89, art. 2, en partie.
6 Les statuts mis à jour sont rédigés selon la formule 6. Règl. de
l'Ont. 96/89, art. 2, en partie.
7 Le certificat de constitution mis à jour est rédigé selon la for-
mule 7. Règl. de l'Ont. 96/89, art. 2, en partie.
8 La demande d'enregistrement extraprovincial que présente, en
vertu de l'article 142 de la Loi, une caisse constituée sous l'autorité
des lois d'une province ou d'un territoire du Canada est rédigée selon
la formule 9. Règl. de l'Ont. 96/89, art. 2, en partie.
9 Les droits fixés à l'annexe sont payés au trésorier de l'Ontario.
Règl. de l'Ont. 96/89, art. 2, en partie.
Reg./Règl. 210
CAISSES POPULAIRES ET CREDIT UNIONS
Reg./Règl. 210
10. The first meeting shall be convened by a majority of the
incorporators by written notice mailed to each of the incorporators at
least seven days before the date of the meeting, stating the place,
date, time and purpose of the meeting. R.R.O. 1980, Reg. 195,
s. 9.
11. At the first meeting,
(a) a majority of the incorporators of the credit union consti-
tutes a quorum; and
(b) by-laws shall be enacted and the organization of the credit
union completed. R.R.O. 1980, Reg. 195, s. 10.
FiNANCiAi. Statements
12.— (1) The financial statements referred to in clause 71 (2) (a)
of the Act shall consist of,
(a) a balance sheet as at the end of the period;
(b) a statement of operations for the period;
(c) a statement of undivided earnings for the period; and
(d) a statement of each reserve for the period.
(2) The statements listed in subsection (1) need not necessarily be
so designated. R.R.O. 1980, Reg. 195, s. 1 1.
13. A balance sheet to be placed before the annual meeting shall
be drawn up to present fairly the financial position of the credit
union at the date to which it is made up and to distinguish severally,
either on the face of the balance sheet or by note thereto, at least,
(a) cash, including cash on hand, deposits maturing or callable
within ninety days, and payroll deductions receivable which
have been made and which are in the course of being remit-
ted;
(b) accrued interest receivable and other current receivables;
(c) securities, showing severally at least,
(i) bonds, debentures and other obligations of, or guar-
anteed by the Government of Canada or by the gov-
ernment of any province of Canada,
(ii) bonds, debentures and like securities other than
securities referred to in subclause (i) not in default.
(iii) shares of corporations, other than a league.
(iv) shares of a league,
stating, in each category, the basis of valuation and the
aggregate market value;
(d) loans receivable from members secured by a first mortgage
on real property;
(e) loans receivable from corporations and partnerships;
(f) loans receivable from members other than loans referred to
in clauses (d) and (e);
10 La première assemblée est convoquée par la majorité des fon-
dateurs au moyen d'un avis écrit envoyé par la poste à chaque fonda-
teur au moins sept jours avant l'assemblée. L'avis indique la date,
l'heure, le lieu et le but de l'assemblée. Règl. de l'Ont. 96/89, art. 2,
en partie.
11 Lors de la première assemblée :
a) la majorité des fondateurs de la caisse constitue le quorum;
b) les règlements administratifs sont adoptés et l'organisation
de la caisse est achevée. Règl. de l'Ont. 96/89, art. 2, en
partie.
États financiers
12 (1) Les états financiers visés à l'alinéa 71 (2) a) de la Loi com-
prennent les pièces suivantes :
a) le bilan à la clôture de la période;
b) un état des résultats d'exploitation pour la période;
c) un état des bénéfices non répartis pour la période;
d) un état de chacune des réserves pour la période.
(2) Il n'est pas nécessaire que les états visés au paragraphe (1)
portent ces désignations. Règl. de l'Ont. 96/89, art. 2, en partie,
révisé.
13 Le bilan présenté à l'assemblée annuelle est dressé de façon à
refléter fidèlement la situation financière de la caisse à la date à
laquelle il est établi et à distinguer, soit dans le bilan lui-même, soit
dans des notes y afférentes, au moins :
a) l'encaisse, y compris l'argent comptant, les dépôts venant à
échéance ou remboursables dans les quatre-vingt-dix jours,
et les retenues à recevoir sur les feuilles de paie qui ont été
faites et qui sont en cours de versement;
b) les créances exigibles, notamment les intérêts courus à rece-
voir;
c) les valeurs mobilières, en indiquant séparément au moins :
(i) les obligations, debentures et autres titres émis ou
garantis par le gouvernement du Canada ou d'une
province,
(ii) les obligations, debentures et les valeurs mobilières
semblables qui ne sont pas visées au sous-alinéa (i) et
qui ne sont pas en défaut,
(iii) les actions de personnes morales, autres qu'une
fédération,
(iv) les parts sociales d'une fédération,
en précisant, pour chaque catégorie, la base d'évaluation et
la valeur marchande globale;
d) les montants exigibles en remboursement des prêts consen-
tis aux sociétaires et garantis par une première hypothèque
sur un bien immeuble;
e) les montants exigibles en remboursement de prêts consentis
à des personnes morales et à des sociétés en nom collectif;
f) les montants exigibles en remboursement de prêts aux
sociétaires qui ne sont pas visés-aux alinéas d) et e);
(g) allowance for doubtful loans;
g) les réserves pour prêts douteux;
Reg./Règl. 210
CREDIT UNIONS AND CAISSES POPULAIRES
Reg./Règl. 210
(h) lands, buildings, equipment and leasehold improvements
stating for each the basis of valuation, whether cost or oth-
erwise, and, if valued on the basis of an appraisal, the date
of the 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 credit union of any
amounts added to or deducted from such assets on
appraisal;
(i) accumulated allowances for depreciation of buildings and
equipment and accumulated amortization;
(j) assessments on deposit with Ontario Share and Deposit
Insurance Corporation, except assessments referred to in
subsection 113 (4) of the Act stating the basis of valuation;
(k) liability to members for deposit amounts withdrawable by
negotiable order;
(I) liability to members for deposits other than deposits
referred to in clause (k);
(m) accrued interest payable on members' deposits;
(n) dividends and rebates of interest declared but unpaid;
(o) loans and overdrafts from leagues;
(p) loans and overdrafts from banks;
(q) income taxes payable;
(r) unpaid assessments by Ontario Share and Deposit Insur-
ance Corporation made under subsection 113 (4) of the
Act;
(s) accounts payable and accrued liabilities, other than those
referred to in clauses (k) to (r);
(t) long-term debt obligations issued by the credit union, show-
ing separately those secured by the credit union's real prop-
erty and other long-term debt obligations and stating for
each the interest rate, the repayment requirements and the
maturity date;
(u) deferred income taxes;
(v) members' share capital;
(w) undivided earnings;
(x) any reserve, with disclosure of its purpose. R.R.O. 1980,
Reg. 195, s. 12.
14. A statement of operations to be placed before the annual
meeting shall be drawn up to present fairly the results of the opera-
tions of the credit union for the period covered by the statement and
to distinguish severally, either on the face of the statement or by note
thereto, at least.
(a) interest income from first mortgage loans;
(b) interest income from loans other than loans referred to in
clause (a);
(c) income from deposits with Ontario Share and Deposit
Insurance Corporation;
h) les terrains, les bâtiments, le matériel et les améliorations
aux propriétés à bail en indiquant dans chaque cas la base
de l'évaluation, selon le coût ou autrement; si l'évaluation
est basée sur une expertise, la date de l'expertise, le nom de
l'évaluateur, la base de son évaluation; si l'expertise a eu
lieu dans les cinq années qui précèdent la date à laquelle le
bilan a été établi, le traitement comptable dans les livres de
la caisse des rentrées et des sorties à la suite de l'expertise;
i) les réserves accumulées pour la dépréciation des bâtiments
et du matériel et les amortissements accumulés;
j) les cotisations déposées à la Société ontarienne d'assurance
des actions et dépôts, en indiquant la base d'évaluation, à
l'exception des cotisations visées au paragraphe 1 13 (4) de
la Loi;
k) la responsabilité envers les sociétaires à l'égard des dépôts
susceptibles d'être retirés au moyen d'effets de caisse négo-
ciables;
I) la responsabilité envers les sociétaires à l'égard des dépôts
qui ne sont pas visés à l'alinéa k);
m) les intérêts courus sur les dépôts des sociétaires et qui leur
sont payables;
n) les dividendes et les remises d'intérêt déclarés mais non ver-
sés;
o) les prêts et les découverts des fédérations;
p) les prêts et les découverts des banques;
q) l'impôt sur le revenu à payer;
r) les cotisations non versées à la Société ontarienne d'assu-
rance des actions et dépôts aux termes du paragraphe
113 (4) de la Loi;
s) les comptes à payer et les dettes courues qui ne sont pas
visés aux alinéas k) à r);
t) les titres de créance à long terme de la caisse, en distinguant
ceux garantis par les biens immeubles de la caisse, et les
autres, et en précisant, dans chaque cas, le taux d'intérêt,
les conditions de remboursement et la date d'échéance;
u) l'impôt sur le revenu différé;
v) le capital social des sociétaires;
w) les bénéfices non répartis;
x) les réserves, avec leur affectation. Régi, de l'Ont. 96/89,
art. 2, en partie, révisé.
14 L'état des résultats d'exploitation qui doit être présenté à l'as-
semblée annuelle est dressé de façon à refléter fidèlement les résul-
tats de l'exploitation de la caisse pendant la période visée par l'état et
distingue, soit dans l'état lui-même, soit dans des notes y afférentes,
au moins :
a) le revenu provenant des intérêts sur les prêts en première
hypothèque;
b) le revenu provenant des intérêts sur les prêts qui ne sont pas
visés à l'alinéa a);
c) le revenu provenant des dépôts auprès de la Société onta-
rienne d'assurance des actions et dépôts;
Reg./Règl. 210
CAISSES POPULAIRES ET CREDIT UNIONS
Reg./Règl. 210
(d) income from investments other than those referred to in
clauses (a), (b) and (c);
(e) interest expense on members' deposits;
(f) interest expense on loans and overdrafts from leagues and
banks;
(g) interest expense on debt obligations issued for original
terms of five years or less;
(h) interest expense on debt obligations other than obligations
referred to in clauses (f) and (g) including those secured by
real property;
(1) provision for doubtful loans;
(j) salaries and staff benefits;
(k) remuneration to directors and other elected committee
members;
(1) provision for depreciation of fixed assets and amortization
of leasehold improvements;
(m) office rental costs;
(n) net premiums for life insurance relating to members' share
capital, deposits and loans;
(o) gains or losses on sale of investment securities;
(p) operating expenses other than expenses referred to in
clauses (e) to (o);
(q) net income or loss for the period before income taxes and
extraordinary items;
(r) taxes on income imposed by any taxing authority;
(s) extraordinary items net of applicable income taxes, the
amount of which shall be disclosed; and
(t) net income or loss for the period. R.R.O. 1980, Reg. 195,
s. 13.
15. A statement of undivided earnings to be placed before the
annual meeting shall be drawn up to distinguish, either on the face of
the statement or by note thereto, at least,
(a) the balance of the undivided earnings at the end of the pre-
ceding financial period;
(b) the additions to and deductions from the undivided earn-
ings during the financial period including,
(i) the distribution of dividends, interest bonuses and
interest rebates to members in respect of preceding
financial periods,
(ii) the net income or loss for the current financial
period,
(iii) the amount transferred to or from each reserve,
(iv) the distribution of dividends, interest bonuses and
interest rebates, to members in respect of the current
financial period; and
d) le revenu provenant des placements qui ne sont pas visés
aux alinéas a), b) et c);
e) les intérêts débiteurs sur les dépôts de sociétaires;
f) les intérêts débiteurs sur les prêts et les découverts des ban-
ques et des fédérations;
g) les intérêts débiteurs sur les titres de créance émis, à l'ori-
gine, pour une durée de cinq années ou moins;
h) les intérêts débiteurs sur les titres de créance qui ne sont pas
visés aux alinéas f) et g), y compris ceux que garantissent
des biens immeubles;
i) les réserves pour prêts douteux;
j) les salaires et les avantages sociaux du personnel;
k) la rémunération des administrateurs et des autres membres
élus des comités;
1) les réserves pour la dépréciation de l'actif immobilisé et l'a-
mortissement des améliorations aux propriétés à bail;
m) le coût de location des bureaux;
n) les primes nettes de l'assurance-vie se rapportant au capital
social des sociétaires, à leurs dépôts et à leurs emprunts;
o) les bénéfices ou les pertes qui résultent de la vente de
valeurs mobilières conservées à titre de placement;
p) les frais d'exploitation qui ne sont pas visés aux alinéas e) à
o):
q) le revenu ou la perte nets pour la période visée avant
déduction de l'impôt sur le revenu et des éléments figurant
à la rubrique des postes extraordinaires;
r) les impôts sur le revenu fixés par toute administration fis-
cale;
s) les éléments figurant à la rubrique des postes extraordinai-
res nets de l'impôt sur le revenu applicable, dont le montant
doit être divulgué;
t) le revenu ou la perte nets pour la période visée. Régi, de
l'Ont. 96/89, art. 2, en partie, révisé.
15 L'état des bénéfices non répartis qui doit être présenté à l'as-
semblée annuelle est dressé de façon à distinguer, soit dans l'état lui-
même, soit dans des notes y afférentes, au moins :
a) le solde des bénéfices non répartis à la fin de l'exercice
précédent;
b) les rentrées et les sorties du compte des bénéfices non
répartis au cours de l'exercice précédent, y compris :
(i) la répartition de dividendes, de primes sur les inté-
rêts et des remises d'intérêt aux sociétaires à l'égard
des exercices précédents,
(ii) le revenu ou la perte nets pour l'exercice courant.
(iii) les montants virés à chaque réserve, ou de celle-ci,
(iv) la répartition de dividendes, de primes sur les inté-
rêts et de remises d'intérêt aux sociétaires à l'égard
de l'exercice courant;
Reg./Règl. 210
CREDIT UNIONS AND CAISSES POPULAIRES
Reg./Règl. 210
(c) the balance of the undivided earnings at the end of the cur-
rent financial period. R.R.O. 1980, Reg. 195, s. 14.
16. A statement of each reserve to be placed before the annual
meeting shall be drawn up to distinguish, either on the face of the
statement or by note thereto, at least,
(a) the balance of the reserve at the end of the preceding finan-
cial period;
(b) the transfers from or to undivided earnings during the
financial period; and
(c) the balance of the reserve at the end of the current financial
period. R.R.O. 1980, Reg. 195, s. 15.
17.— (1) The individual items listed in sections 13 to 16 need not
necessarily be so designated in the financial statements.
(2) The term "reserve" shall be used in a financial statement to
describe only,
(a) amounts appropriated from undivided earnings at the dis-
cretion of management for some purpose other than to
meet a liability or contingency known or admitted or a com-
mitment made as at the statement date or a decline in value
of an asset that has already occurred;
c) le solde des bénéfices non répartis à la fin de l'exercice cou-
rant. Régi, de l'Ont. 96/89, art. 2, en partie, révisé.
16 L'état de chacune des réserves qui doit être présenté à l'assem-
blée annuelle est dressé de façon à distinguer, soit dans l'état lui-
même, soit dans des notes y afférentes, au moins :
a) le solde de la réserve à la fin de l'exercice précédent;
b) les montants virés au compte des bénéfices non répartis, ou
de celui-ci pendant l'exercice;
c) le solde de la réserve à la fin de l'exercice courant. Règl. de
l'Ont. 96/89, art. 2, en partie, révisé.
17 (1) Il n'est pas nécessaire que les éléments visés aux articles 13
à 16 portent ces désignations dans les états financiers.
(2) Dans un état financier, le terme «réserve» désigne seulement
les montants suivants :
a) les montants prélevés sur les bénéfices non répartis, à la dis-
crétion de la direction, à diverses fins sauf pour satisfaire à
une obligation ou faire face à une éventualité, connues ou
reconnues, ou respecter un engagement conclu à la date de
l'état financier, ou pour parer à une diminution déjà surve-
nue de la valeur d'un élément de l'actif;
(b) amounts appropriated from undivided earnings pursuant to
subsection 95 (2) of the Act or pursuant to the by-laws of
the credit union for some purpose other than to meet a lia-
bility 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 undivided earnings in accor-
dance with the terms of a contract and that can be restored
to undivided earnings when the conditions of the contract
are fulfilled. R.R.O. 1980, Reg. 195, s. 16.
18. The notes to the financial statements shall indicate particulars
of any change in accounting principle or practice or method of apply-
ing any accounting principle or practice made during the period cov-
ered by the statement that affects the comparability of the statements
with the preceding period and the effect of any such change upon the
net income for the period. R.R.O. 1980, Reg. 195, s. 17.
19. The following matters shall be referred to in the financial
statements or by way of note thereto,
(a) a schedule showing the transactions in the allowance for
doubtful loans account for the period, setting out the bal-
ance of the allowance at the end of the preceding period,
the additions to and deductions from the allowance during
the period, and the balance of the allowance at the end of
the current period;
(b) a statement as to policy with regard to interest rates and
repayment terms on first mortgage loans on real estate to
members;
b) les montants prélevés sur les bénéfices non répartis, confor-
mément au paragraphe 95 (2) de la Loi ou aux règlements
administratifs de la caisse, à diverses fins sauf pour satis-
faire à une obligation ou faire face à une éventualité, con-
nues ou reconnues, ou respecter un engagement conclu à la
date de l'état financier, ou pour parer à une diminution
déjà survenue de la valeur d'un élément de l'actif;
c) les montants prélevés sur les bénéfices non répartis confor-
mément aux termes d'un contrat et qui peuvent être resti-
tués à ce compte lorsque les conditions du contrat sont rem-
plies. Règl. de l'Ont. 96/89, art. 2, en partie, révisé.
18 Les notes afférentes aux états financiers précisent les change-
ments aux principes ou aux méthodes comptables ou à la façon de les
appliquer qui ont été apportés au cours de la période visée par les
états et qui influent sur les moyens de comparer les états avec ceux
de la période précédente, et les conséquences de ces changements
sur le revenu net pour la période visée. Règl. de l'Ont. 96/89, art. 2,
en partie, révisé.
19 Les éléments suivants figurent dans les états financiers ou dans
des notes y afférentes :
a) une liste des opérations effectuées dans le compte de
réserve pour prêts douteux pour la période, qui indique le
solde à la fin de la période précédente, les rentrées et les
sorties pendant la période, et le solde à la fin de la période
courante;
b) un énoncé de principe relatif aux taux d'intérêt et aux con-
ditions de remboursement des prêts consentis aux sociétai-
res sous forme de première hypothèque sur des biens
immeubles;
(c) the amounts of the commitment to make advances on per-
sonal and first mortgage loans on real estate;
(d) contractual obligations that will require abnormal expendi-
tures in relations to the credit union's normal business
requirements or financial position;
c) les montants des engagements à faire des avances sur les
prêts personnels et sur les prêts garantis par une première
hypothèque sur des biens immeubles;
d) les obligations contractuelles qui nécessitent des dépenses
inhabituelles par rapport aux besoins normaux de la caisse
dans le cours de ses affaires ou par rapport à sa situation
financière;
Reg./Règl. 210
CAISSES POPULAIRES ET CREDIT UNIONS
Reg./Règl. 210
(e) contractual obligations in respect of long term leases;
(f) contingent liabilities stating their nature and, where practi-
cable, the approximate amounts involved;
(g) any restriction on the payment of dividends;
(h) any event or transaction, to the extent it is not reflected in
the financial statements, other than one in the normal
course of business operations, that occurs between the date
to which the financial statements are made up and the date
of the auditors' report or if there is no auditor, the date of
the supervisory committee's report; and
(i) the amount of any obligation for pension benefits arising
from service before the date of the financial year end,
whether or not such obligation has been provided for in the
accounts of the credit union, the manner in which the credit
union proposes to satisfy such obligation and the basis on
which it has charged or proposes to charge the related costs
against operations. R.R.O. 1980, Reg. 195, s. 18.
20. Despite sections 13 to 19, it is not necessary to state in the
financial statements any matter that in all the circumstances is of rel-
ative insignificance. R.R.O. 1980, Reg. 195, s. 19.
MiSCEIXANEOUS
21. The amount of the fee fixed by the by-laws of a credit union
for a copy of the by-laws of the credit union under section 19 of the
Act, shall not exceed $5. R.R.O. 1980, Reg. 195, s. 20.
22. The amount that a credit union may pay,
(a) under clause 37 (1) (a)of the Act is $5,000; and
(b) under clause 37 (I) (b) of the Act is $5,000. R.R.O. 1980,
Reg. 195, s. 21.
23. Loans to corporations or partnerships who are members of a
credit union shall be fully secured by a charge, mortgage, hypothec
or pledge on real or personal property. R.R.O. 1980, Reg. 195,
s. 22.
24. A certificate of deposit insurance issued to a credit union
under the provisions of subsection 111 (3) of the Act shall be in Form
8. R.R.O. 1980, Reg. 195, s. 23.
25. The longer period of time that is prescribed for the purposes
of clause 84 (c) of the Act is thirty years. R.R.O. 1980, Reg. 195,
s. 24.
e) les obligations contractuelles découlant de baux à long
terme;
f) les éléments de passif éventuels, avec indication de leur
nature et, si possible, des montants approximatifs qu'ils
représentent;
g) les restrictions apportées au paiement de dividendes;
h) toute circonstance ou opération, autre que celles qui font
partie du cours normal des affaires, qui n'apparaît pas aux
états financiers, survenue entre la date à laquelle ceux-ci
ont été établis et la date du rapport des vérificateurs ou la
date du rapport du comité de surveillance, s'il n'y a pas de
vérificateur;
i) le montant de toute obligation pour des prestations de rente
pour des services rendus avant la date de clôture de l'exer-
cice, que cette obligation ait été prévue ou non dans les
comptes de la caisse, la façon dont la caisse se propose de
s'acquitter de cette obligation et la base sur laquelle elle
s'appuie ou propose de s'appuyer pour imputer à ses opéra-
tions les frais qui s'y rapportent. Règl. de l'Ont. %/89, art.
2, en partie, révisé.
20 Malgré les articles 13 à 19, il n'est pas nécessaire d'exposer
dans les états financiers les éléments qui, compte tenu de la situation
globale, ont relativement peu d'importance. Règl. de l'Ont. 96/89,
art. 1, en partie.
DiSPOSmONS DfVERSES
21 Les droits fixés par les règlements administratifs de la caisse,
aux termes de l'article 19 de la Loi, pour obtenir une copie de ceux-
ci, ne doivent pas dépasser 5 $. Règl. de l'Ont. 96/89, art. 2, en par-
tie, révisé.
tl Le montant que la caisse peut payer :
a) en vertu de l'alinéa 37 (1) a) de la Loi, est de 5 000 $;
b) en vertu de l'alinéa 37 (1) b) de la Loi, est de 5 000 $. Règl.
de l'Ont. 96/89, art. 2, en partie, révisé.
23 Les prêts consentis à des personnes morales ou à des sociétés
en nom collectif qui sont sociétaires de la caisse sont pleinement
garantis par une hypothèque, une charge ou un nantissement sur un
bien meuble ou immeuble. Règl. de l'Ont. 96/89, art. 2, en partie.
24 Le certificat d'assurance-dépôt délivré à la caisse aux termes
du paragraphe 111 (3) de la Loi est rédigé selon la formule 8. Règl.
de l'Ont. %/89, art. 2, en partie.
25 Pour l'application de l'alinéa 84 c) de la Loi, le délai maximal
de remboursement est de trente ans. Règl. de l'Ont. 96/89, art. 2, en
partie.
Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210
Schedule
Fees
1. For delivery of articles of incorporation, for filing and issue of a certificate $100
2. For delivery of an amalgamation agreement, for filing and issue of a certificate 250
3. For delivery of restated articles of incorporation, forfilingand issue of a certificate 125
4. For delivery of articles of amendment, for filing and issue of a certificate,
(a) changing the name of a credit union 100
(b) for any purpose other than that set out in clause (a) 125
5. For an application for an order under subsection 121 (17) of the Act 100
6. Upon filing an application for extra-provincial registration under section 142 of the Act 350
7. Upon filing a by-law amendment to establish or redefine eligibility for credit union membership through common bonds of asso-
ciation or otherwise 500
8. For copies of documents on file under the Act in the Ministry,
(a) for copies of papers, articles, by-laws and orders, 50 cents a page with minimum fee of $2 in respect of each credit union;
and
(b) for certification of copies of papers, articles, by-laws and orders, $10 in respect of each credit union.
O. Reg. 145/86, s. 1.
Form 1
Credit Unions and Caisses Populaires Act
ARTICLES OF INCORPORATION
1 . The name of the credit union or caisse populaire is
2. The head office is at the
(status of municipality)
of in the
(name of municipality) (county or district)
of
(name of county or district)
3. The address of the head office is
(street and no. or R.R. no. and if multi-office building give room no.)
(name of municipality or post office)
4. The number of directors is
5. The first directors are:
Residence address, giving street and number
Name in full, including all given names or R.R. no. and municipality or post office
Reg./Règl. 210 CAISSES POPULAIRES ET CREDIT UNIONS Reg./Règl. 210
Annexe
Droits
1. Dépôt de statuts constitutifs et délivrance du certificat 100 $
2. Dépôt d'une entente de fusion et délivrance du certificat 250
3. Dépôt de statuts mis à jour et délivrance du certificat 125
4. Dépôt de statuts modificatifs et délivrance du certificat :
a) afin de modifier la dénomination de la caisse 100
b) pour toute autre raison que celle indiquée à l'alinéa a) 125
5. Demande d'un arrêté de dissolution en vertu du paragraphe 121 (17) de la Loi 100
6. Dépôt d'une demande d'enregistrement extraprovincial en vertu de l'article 142 de la Loi 350
7. Dépôt d'une modification à un règlement administratif en vue d'établir ou de redéfinir l'admissibilité en ce qui concerne l'adhé-
sion à la caisse par le moyen notamment de liens communs d'association 500
8. Copies de documents dont le ministère a la garde aux termes de la Loi :
a) copies de documents, statuts, règlements administratifs et ordonnances : 0,50 $ la page avec un droit minimal de 2 $ en ce
qui concerne chaque caisse;
b) attestation de copies de documents, statuts constitutifs, règlements administratifs et ordonnances : 10 $ en ce qui con-
cerne chaque caisse.
Règl. de l'Ont. 96/89, art. 2, en partie, révisé.
Formule 1
Loi sur les caisses populaires et les credit unions
STATUTS CONSTITUTIFS
1 . Dénomination de la caisse populaire ou credit union :
2. Emplacement du siège social : .
de dans le
(nom de la municipalité)
de.
(statut de la municipalité)
(comté ou district)
(nom du comté ou district)
3. Adresse du siège social :
(n° et rue ou route rurale et n° du bureau dans le cas d'un immeuble à bureaux)
(nom de la municipalité ou du bureau de poste)
4. Nombre d'administrateurs :
5. Nom des premiers administrateurs :
Nom et prénoms
Adresse personnelle (indiquer le n° et la rue ou
la route rurale et la municipalité ou
le bureau de poste)
Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210
6. The objects for which
(name of credit union or caisse populaire)
is incorporated are the promotion of co-operative enterprise, the facilitating of the accumulation of savings and the creation of a source
of credit for its members at conscionable rates of interest and the provision of full financial services for its members.
(Specify here any powers set out in subsection 1 1 (2) of the Act which are to be withheld or limited and give details of any limitations.)
7. The names and residence addresses of the incorporators are:
Full residence address giving street and no.
Full names, including all given names or R.R. no., municipality or post office
These articles are executed in duplicate for delivery to the Minister.
SIGNATURES OF INCORPORATORS
AFFIDAVIT OF VERIFICATION
PROVINCE OF ONTARIO IN THE MATTER OF THE CREDIT UNIONS AND
CAISSES POPULAIRES ACT AND THE
OF ARTICLES OF INCORPORATION OF
To Wit:
(name of credit union or caisse populaire)
I of the
(full name of deponent) (status of municipality)
of in the
(name of municipality) (county or district)
of in the province of
(name of county or district) (name of province)
make oath and say that:
1. I am
of
and have personal knowledge of the matters herein deposed to.
2. Each of the incorporators signing the accompanying articles of incorporation in duplicate and each of the first directors named therein is
of eighteen or more years of age.
3. The signatures of the incorporators affixed to the articles are their true signatures.
Sworn Before Me at the )
)
of in the )
)
of this )
) (signature of deponent)
day of , 19.... )
(signature of Commissioner, Notary Public, etc.)
R.R.O. 1980, Reg. 195, Form 1.
10
Reg./Règl. 210
CAISSES POPULAIRES ET CREDIT UNIONS
Reg./Règl. 210
6. Les objets pour lesquels
(dénomination de la caisse populaire ou credit union)
est constituée sont les suivants : favoriser le mouvement coopératif, faciliter l'épargne, créer une source de crédit à l'intention des
sociétaires à des taux d'intérêt raisonnables et leur offrir une gamme complète de services financiers.
(Préciser les pouvoirs énumérés au paragraphe 11 (2) de la Loi qui ne s'appliquent pas ou qui s'appliquent d'une façon limitée et donner
les détails de toute limitation.)
7. Nom et adresse personnelle des fondateurs :
Nom et prénoms
Adresse personnelle (indiquer le n° et la rue ou
la route rurale et la municipalité ou
le bureau de poste)
Les présents statuts sont faits en double exemplaire pour être remis au ministre.
SIGNATURE DES FONDATEURS
AFHDAVIT
PROVINCE DE L'ONTARIO
DE
EN CE QUI CONCERNE LA LOI SUR LES CAISSES
POPULAIRES ET LES CREDIT UNIONS
ET LES STATUTS CONSTITUTIFS DE
À SAVOIR :
Je $oussigné(e), du/de la
(nom et prénoms du/de la déclarant(e))
de situé(e) dans le ....
(nom de la municipalité)
de dans la province de .
(nom du comté ou district)
déclare sous serment que :
(dénomination de la caisse populaire ou credit union)
(statut de la municipalité)
(comté ou district)
(nom de la province)
1 . Je suis
de
et, à ce titre, j'ai une connaissance directe de ce qui suit.
2. Les fondateurs dont la signature apparaît en double exemplaire sur les statuts constitutifs ci-joints et les premiers administrateurs qui y
sont désignés sont âgés d'au moins dix-huit ans.
3. Les signatures des fondateurs apposées aux statuts constitutifs sont authentiques.
Déclaré sous serment à/au
)
)
.de dans le/la )
)
de )
)
19.... )
(signature du/de la déclarant(e))
(signature du commissaire, notaire, etc.)
Règl. de l'Ont. 96/89, art. 2, en partie.
u
Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210
Form 2
Credit Unions and Caisses Populaires Act
CERTIFICATE OF INCORPORATION
Whereas an application for incorporation under the provisions of the Credit Unions and Caisses Populaires Act has been made to the Minister of
Consumer and Commercial Relations by Articles of Incorporation in the prescribed form signed by the persons hereinafter named:
And Whereas those persons have complied with the conditions precedent to the issuing of the desired certificate of incorporation;
Now therefore, under the authority of the Act, I issue this certificate of incorporation constituting the following persons
a corporation under the name of
Given under my hand at the City of Toronto, this day of , 19
Minister of Consumer and Commercial Relations
R.R.0. 1980, Reg. 195, Form 2.
Form 3
Credit Unions and Caisses Populaires Act
CERTIFICATE OF AMALGAMATION
Whereas an application for a certificate of amalgamation under the provisions of the Credit Unions and Caisses Populaires Act has been made to
the Minister of Consumer and Commercial Relations by the parties to an amalgamation agreement date the day of ,19
between
(name of credit union or caisse populaire)
and
(name of credit union or caisse populaire)
And Whereas the parties to the amalgamation agreement have complied with the conditions precedent to the issuing of the desired certificate of
amalgamation;
And Whereas the amalgamation agreement provides that the parties will amalgamate and continue under the name of
(name of amalgamated
and that the first directors of the amalgamated credit union or caisse populaire will be:
credit union or caisse populaire)
Residence address, giving street and number
Name in full, including all given names or R.R. no. and municipality or post office
Now therefore, under the authority of the Act, I issue this certificate of amalgamation.
Given under my hand at the City of Toronto, this day of , 19
Minister of Consumer and Commercial Relations
R.R.O. 1980, Reg. 195, Form 3.
12
Reg./Règl. 210 CAISSES POPULAIRES ET CREDIT UNIONS Reg./Règl. 210
Formule 2
Loi sur les caisses populaires et les credit unions
CERTinCAT DE CONSTITUTION
Attendu qu'une demande de constitution en vertu de la Loi sur les caisses populaires et les credit unions a été présentée, au moyen de statuts
constitutifs, au ministre de la Consommation et du Commerce selon la formule prescrite et a été signée par les personnes nommées ci-dessous :
Et attendu que ces personnes ont rempli les conditions préalables à la délivrance du certificat demandé;
Par ces motifs, dans l'exercice des pouvoirs que me confère la Loi, je délivre le présent certificat de constitution.
Les personnes suivantes :
sont constituées en personne morale sous la dénomination de
Signé à Toronto le 19
Le ministre de la Consommation et du Commerce
Régi, de l'Ont. 96/89, art. 2, en partie.
Formule 3
Loi sur tes caisses populaires et les credit unions
CERTIFICAT DE FUSION
Attendu qu'une demande de certificat de fusion en vertu de la Loi sur les caisses populaires et les credit unions a été présentée au ministre de la
Consommation et du Commerce par les parties à une entente de fusion conclue le 19
entre „
(dénomination de la caisse populaire ou credit union)
et
(dénomination de la caisse populaire ou credit union)
Attendu que les parties à l'entente de fusion ont rempli les conditions préalables à la délivrance du certificat demandé;
Et ATTENDU que l'entente de fusion prévoit que les parties fusionneront et poursuivront leurs activités sous la dénomination de .
la caisse populaire ou credit union résultant de la fusion)
(dénomination de
et que les premiers administrateurs de cette nouvelle caisse ou credit union seront :
Adresse personnelle (indiquer le n° et la rue ou
la route rurale et la municipalité ou
Nom et prénoms le bureau de poste)
Par ces motifs, dans l'exercice des pouvoirs que me confère la Loi, je délivre le présent certificat de fusion.
Signé à Toronto le 19
Le ministre de la Consommation et du Commerce
Règl. de l'Ont. 96/89, art. 2, en partie.
I
13
Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210
Form 4
Credit Unions and Caisses Populaires Act
ARTICLES OF AMENDMENT
OF
(name of credit union or caisse populaire)
incorporated on
(date of incorporation)
1. Attached hereto is a certified copy of the special resolution amending the articles of the incorporation of .
(name of credit union or
caisse populaire)
2. The special resolution was duly confirmed by at least two-thirds of the votes cast at a general meeting of the members of the credit union
duly called for the purpose and held on the day of , 19
3. All further authorizations required by the by-laws have been given.
4. These articles are executed in duplicate for delivery to the Minister.
Certified
(name of credit union or caisse populaire)
BY:
(signature) (description of office)
(signature) (description of office)
(corporate seal)
AFFIDAVIT OF VERIFICATION
PROVINCE OF ONTARIO IN THE MATTER OF THE CREDIT UNIONS AND
CAISSES POPULAIRES ACT AND THE
OF ARTICLES OF AMENDMENT OF
To Wit:
(name of credit union or caisse populaire)
I, of the :
(full name of deponent) (status of municipality)
of in the
(name of municipality) (county or district)
of in the province of
(name of province)
make oath and say that:
1. I am
(description of office)
of
(name of credit union or caisse populaire)
and as such have personal knowledge of the matters herein deposed to.
2. The statements contained in the accompanying articles of amendment are true.
3
(name of credit union or caisse populaire)
has complied with the requirements of the Credit Unions and Caisses Populaires Act and the conditions contained in its articles and by-
laws.
14
Reg./Règl. 210 CAISSES POPULAIRES ET CREDIT UNIONS Reg./Règl. 210
Formule 4
Loi sur les caisses populaires et les credit unions
STATUTS MODIFICATIFS
DE
(dénomination de la caisse populaire ou credit union)
constituée le
(date de la constitution)
1. Ci-inclus une copie certifiée conforme de la résolution spéciale qui modifie les statuts constitutifs de .
(dénomination de la caisse
populaire ou credit union)
2. La résolution spéciale a été dûment confirmée par au moins deux tiers des voix exprimées lors d'une assemblée générale des sociétaires
de la caisse dûment convoquée à cette fin et tenue le 19
3. Toutes les autres autorisations exigées par les règlements administratifs ont été obtenues.
4. Les présents statuts sont faits en double exemplaire pour être remis au ministre.
Certifié
PAR;
(dénomination de la caisse populaire ou credit union)
(signature) (fonction)
(signature) (fonction)
(sceau)
AFFIDAVIT
PROVINCE DE L'ONTARIO EN CE QUI CONCERNE LA LOI SUR LES CAISSES
POPULAIRES ET LES CREDIT UNIONS
DE ET LES STATUTS MODIFICATIFS DE
A savoir:
(dénomination de la caisse populaire ou credit union)
Je soussigné(e), du/de la
(nom et prénoms du/de la déclarant(e)) (statut de la municipalité)
de situé(e) dans le
(nom de la municipalité) (comté ou district)
de dans la province de
(nom de la province)
déclare sous serment que :
1. Je suis
(fonction)
de
(dénomination de la caisse populaire ou credit union)
et, à ce titre, j'ai une connaissance directe de ce qui suit.
2. Les déclarations contenues dans les statuts modificatifs ci-joints sont exactes.
3
(dénomination de la caisse populaire ou credit union)
s'est conformée aux exigences de la Loi sur les caisses populaires et les credit unions et a rempli les conditions prévues aux statuts consti-
tutifs et aux règlements administratifs.
15
Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210
Sworn Before Me at the )
)
of in the )
)
of this )
) (signature of deponent)
day of , 19.... )
(signature of Commissioner, Notary Public, etc.)
R.R.O. 1980, Reg. 195, Form 4.
Form 5
Credit Unions and Caisses Populaires Act
CERTIFICATE OF AMENDMENT
Whereas an application for articles of amendment under the provisions of the Credit Unions and Caisses Populaires Act has been made to the
Minister of Consumer and Commercial Relations in the prescribed form by
(name of credit union or caisse populaire)
And Whereas all conditions precedent to the issuing of the desired articles of amendment have been complied with;
Now therefore, under the authority of the Act, I issue this certificate of amendment.
Given under my hand at the City of Toronto, this day of , 19
Minister of Consumer and Commercial Relations
R.R.O. 1980, Reg. 195, Form 5.
Form 6
Credit Unions and Caisses Populaires Act
RESTATED ARTICLES OF INCORPORATION
OF
(name of credit union or caisse populaire)
incorporated on
(date of incorporation)
1. These restated articles correctly set out without change the corresponding provisions of the original articles of incorporation as hereto-
fore amended.
2. The head office is at the
(status of municipality)
of in the
(name of municipality) (county or district)
of
3. The address of the head office is
(name of county or district)
(street and no. or R.R. no. and if multi-office building
give room no.)
(name of municipality or post office)
4. The number of directors is
16
Reg./Règl. 210
CAISSES POPULAIRES ET CREDIT UNIONS
Reg./Règl. 210
DÉCLARÉ SOUS SERMENT à/au
)
)
.de dansle/la )
)
de )
)
19.... )
(signature du/de la déclarant(e))
(signature du commissaire, notaire, etc.)
Règl. de l'Ont. %/89, art. 2, en partie.
Formule S
Loi sur les caisses populaires et les credit unions
CERTIFICAT DE MODIFICATION
Attendu qu'une demande de statuts modifîcatifs en vertu de la Loi sur les caisses populaires et les credit unions a été présentée au ministre de la
Consommation et du Commerce, selon la formule prescrite, par
(dénomination de la caisse populaire ou credit union)
Et attendu que toutes les conditions préalables à la délivrance des statuts modificatifs demandés ont été remplies;
Par ces motifs, dans l'exercice des pouvoirs que me confère la Loi, je délivre le présent certificat de modification.
Signé à Toronto le 19
Le ministre de la Consommation et du Commerce
Règl. de l'Ont. 96/89, art. 2, en partie.
Formule 6
Loi sur les caisses populaires et les credit unions
STATUTS MIS À JOUR
DE
(dénomination de la caisse populaire ou credit union)
constituée le
(date de la constitution)
1. Les présents statuts mis à jour reproduisent correctement et sans changement les dispositions correspondantes des statuts constitutifs
initiaux tels qu'ils sont modifiés jusqu'à présent.
2. Emplacement du siège social :
(statut de la municipalité)
(comté ou district)
(nom du comté ou district)
(n" et rue ou route rurale et n" du bureau dans le cas d'un immeuble à bureaux)
de dans le
(nom de la municipalité)
de
3. Adresse du siège social :
4. Nombre d'administrateurs :
(nom de la municipalité ou du bureau de poste)
17
Reg./Règl. 210
CREDIT UNIONS AND CAISSES POPULAIRES
Reg./Règl. 210
5. The objects for which .
(name of credit union or caisse populaire)
is incorporated are the promotion of co-operative enterprise, the facilitating of the accumulation of savings and the creation of a source
of credit for its members at conscionable rates of interest and the provision of full financial services for its members.
(Specify here any powers set out in subsection 1 1 (2) of the Act which are to be withheld or limited and give details of any such limita-
tions.)
These articles are executed in duplicate for delivery to the Minister.
(name of credit union or caisse populaire)
Certified
BY:
(signature) (description of office)
(signature) (description of office)
(corporate seal)
PROVINCE OF ONTARIO
OF
AFFIDAVIT OF VERIFICATION
IN THE MATTER OF THE CREDIT UNIONS AND
CAISSES POPULAIRES ACT AND THE
RESTATED ARTICLES OF INCORPORATION OF
To Wit:
I, of the
(full name of deponent)
of in the
(name of municipality)
of in the province of
(name of county or district)
make oath and say that:
(name of credit union or caisse populaire)
(status of municipality)
(county or district)
(name of province)
\. I am
(description of office)
of
(name of credit union or caisse populaire)
and as such have personal knowledge of the matters herein deposed to.
2. The statements contained in the accompanying restated articles of incorporation are true.
3.
(name of credit union or caisse populaire)
has complied with the requirements of the Credit Unions and Caisses Populaires Act and the conditions in its articles and by-laws.
Sworn Before Me at the )
)
of in the
of this
day of , 19....
(signature of Commissioner, Notary Public, etc.)
(signature of deponent)
R.R.O. 1980, Reg. 195, Form 6.
18
Reg./Règl. 210
CAISSES POPULAIRES ET CREDIT UNIONS
Reg./Règl. 210
S . Les objets pour lesquels
(dénomination de la caisse populaire ou credit union)
est constituée sont les suivants : favoriser le mouvement coopératif, faciliter l'épargne, créer une source de crédit à l'intention des
sociétaires à des taux d'intérêt raisonnables et leur offrir une gamme complète de services financiers.
(Préciser les pouvoirs énumérés au paragraphe 11 (2) de la Loi qui ne s'appliquent pas ou qui s'appliquent d'une façon limitée et donner
les détails de toute limitation.)
Les présents statuts sont faits en double exemplaire pour être remis au ministre.
Certifié
(sceau)
(dénomination de la caisse populaire ou credit union)
PAR:
(signature) (fonction)
(signature) (fonction)
AFFIDAVIT
PROVINCE DE L'0^4TARI0
DE
EN CE QUI CONCERNE LA LOI SUR LES CAISSES
POPULAIRES ET LES CREDIT UNIONS
ET LES STATUTS MIS À JOUR DE
A SAVOIR :
Je soussigné(e), du/de la
(nom et prénoms du/de la déclarant(e))
de silué(e) dans le ...,
(nom de la municipalité)
de dans la province de .
(nom du comté ou district)
déclare sous serment que :
(dénomination de la caisse populaire ou credit union)
(statut de la municipalité)
(comté ou district)
(nom de la province)
1. Je suis
de.
(fonction)
(dénomination de la caisse populaire ou credit union)
et, à ce titre, j'ai une connaissance directe de ce qui suit.
2. Les déclarations contenues dans les statuts mis à jour ci-joints sont exactes.
3
(dénomination de la caisse populaire ou credit union)
s'est conformée aux exigences de la Loi sur les caisses populaires et les credit unions et a rempli les conditions prévues aux statuts consti-
tutifs et aux règlements administratifs.
DÉCLARÉ sous SERMENT à/au
le.
)
)
.de dans le/la )
)
de )
)
19.... )
(signature du/de la déclarant(e))
(signature du commissaire, notaire, etc.)
Règl. de l'Ont. 631/90, art. 1.
1%
Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210
Form?
Credit Unions and Caisses Populaires Act
RESTATED CERTIHCATE OF INCORPORATION
Whereas an application for a restatement of articles of incorporation under the provisions of the Credit Unions and Caisses Populaires Act, has
been made to the Minister of Consumer and Commercial Relations in the prescribed form by ;
(name of credit union or caisse populaire)
And Whereas all conditions precedent to the issuing of the desired restated certificate of incorporation have been complied with;
Now therefore, under the authority of the Act, I issue this restated certificate of incorporation.
Given under my hand at the City of Toronto, the day of , 19
Minister of Consumer and Commercial Relations
R.R.O. 1980, Reg. 195, Form 7.
Forms
Credit Unions and Caisses Populaires Act
ONTARIO SHARE AND DEPOSIT INSURANCE CORPORATION
CERTIFICATE OF DEPOSIT INSURANCE
No.
The Ontario Share and Deposit Insurance Corporation hereby certifies that the deposits of
(name of credit union)
(address of head office)
are insured under the Credit Unions and Caisses Populaires Act to the extent required and provided for in that Act.
Dated this day of , 19
Chairman of the Board
General Manager
R.R.O. 1980, Reg. 195, Form 8; O. Reg. 96/89, s. 1.
Form 9
Credit Unions and Caisses Populaires Act
APPLICATION FOR EXTRA-PROVINCIAL REGISTRATION
Name of Credit Union
Head Office Address
Telephone Number: Area Code ( )
Date of Incorporation Province of Incorporation
List Board of Directors and identify Officers:
Name Residence Address Position Title
'I
20
Reg./Règl. 210 CAISSES POPULAIRES ET CREDIT UNIONS Reg./Règl. 210
Formule 7
Loi sur les caisses populaires et les credit unions
CERTIFICAT DE MISE À JOUR
Attendu qu'une demande de mise à jour des statuts constitutifs, en vertu de la Loi sur les caisses populaires et les credit unions, a été présentée
au ministre de la Consommation et du Commerce, selon la formule prescrite, par
(dénomination de la caisse populaire ou credit union)
Et attendu que toutes les conditions préalables à la délivrance du certificat demandé ont été remplies;
Par ces motifs, dans l'exercice des pouvoirs que me confère la Loi, je délivre le présent certificat de mise à jour.
Signé à Toronto le 19
Le ministre de la Consommation et du Commerce
Règl. de l'Ont. 96/89, art. 2, en partie.
Formule 8
Loi sur les caisses populaires et les credit unions
LA SOCIÉTÉ ONTARIENNE D'ASSURANCE DES ACTIONS ET DÉPÔTS
CERTIFICAT DASSURANCE-DÉPÔTS
N»
La Société ontarienne d'assurance des actions et dépôts atteste par les présentes que les dépôts de
(nom de la caisse populaire)
(adresse du siège social)
sont assurés en vertu de la Loi sur les caisses populaires et les credit unions dans la mesure nécessaire et prévue par cette loi.
Fait le 19 Le président du conseil.
Le directeur général,
Règl. de l'Ont. 631/90, art. 2, en partie.
Formule 9
Loi sur les caisses populaires et les credit unions
DEMANDE D'ENREGISTREMENT EXTRAPROVINCIAL
Dénomination de la caisse
Adresse du siège social
Numéro de téléphone : Indicatif régional ( )
Date de la constitution Province de constitution
Dresser la liste des membres du conseil d'administration et indiquer les dirigeants :
Nom Adresse personnelle Titre du poste
21
Reg./Règl. 210 CREDIT UNIONS AND CAISSES POPULAIRES Reg./Règl. 210
Resident Agent in Ontario:
Name
Business Address
Telephone Number
Has the credit union received an extra-provincial licence in any other jurisdiction or jurisdictions? (indicate where and when)
If so, is such a licence still in force and when does it expire?
Has the credit union ever been refused an extra-provincial licence in any jurisdiction? (If so, give details including reasons (if any) for such
refusal)
It is understood that,
1. No credit union that is an extra-provincial corporation within the meaning of the Corporations Act (being a corporation incorporated
otherwise than by or under the authority of an Act of the Legislature of Ontario), shall be licensed under that Act as an extra-provincial
corporation unless it has first been registered under the Credit Unions and Caisses Populaires Act by the Director.
2. If this application is granted, the credit union will be authorized to operate as a credit union in Ontario, but only for the limited pur-
poses of,
(a) registering mortgages, charges or other security in Ontario in respect of loans made by the credit union in the course of carrying
on its business in ; and
(name of province)
(b) instituting civil actions in Ontario in respect of such loans, mortgages and other security.
Signed:
President
Secretary
(Corporate Seal)
O. Reg. 744/83, s. 3.
22
Reg./Règl. 210 CAISSES POPULAIRES ET C/î£D/r WV/OAf5 Reg./Règl. 210
Mandataire résident de l'Ontario :
Nom
Adresse d'affaires
N^de téléphone
La caisse détient-elle un permis extraprovincial délivré par une autorité d'une autre compétence territoriale? (Préciser le lieu et la date)
Si oui, ce permis est-il encore en vigueur et quand expire-t-il?
Est-ce qu'une autorité d'une autre compétence territoriale a refusé de délivrer un permis extraprovincial à la caisse? (Si oui, préciser et donner
les motifs du refus, le cas échéant)
Il est entendu :
1. Qu'aucune caisse qui est une personne morale extraprovinciale au sens de la Loi sur les personnes morales (c'est-à-dire une personne
morale qui n'est pas constituée en vertu d'une loi de la Législature de l'Ontario) ne peut obtenir de permis en vertu de cette loi à titre de
personne morale extraprovinciale à moins qu'elle ne soit d'abord enregistrée en vertu de la Loi sur les caisses populaires et les credit
unions par le directeur.
2. Que si la présente demande est agréée, la caisse sera autorisée à exercer les activités d'une caisse en Ontario, ses objets étant toutefois
limités aux fins suivantes :
a) enregistrement des hypothèques, charges ou autres sûretés en Ontario à l'égard de prêts consentis par la caisse dans le cours de
ses activités en/au ;
(nom de la province)
b) introduction de poursuites au civil en Ontario à l'égard de ces prêts, hypothèques et autres siiretés.
Signé par :
Le président.
Le secrétaire,
(sceau)
Règl. de l'Ont. 631/90, art. 2, en partie.
23
Reg./Règl. 211
CREDIT UNIONS AND CAISSES POPULAIRES
Reg./Règl. 211
REGULATION 211
REGLEMENT 211
MATCHING ASSETS
Prescribed Assets
1. For the purposes of subsection 92 (1) of the Act, the following
classes of assets are prescribed:
1. Cash, including deposits with a bank listed in Schedule I or
II to the Bank Act (Canada), in Canada, a trust corporation
registered under the Loan and Trust Corporations Act, the
Province of Ontario Savings Office or a league provided
that the deposits are callable within ninety days of the date
of their issue at their issue price.
2. Treasury bills or other obligations issued by Canada or a
Province of Canada with a ninety day maturity or less.
3. In the case of a credit union that is in regular receipt of
deductions made from the payroll of any of its members, an
amount equal to any such deductions that have been made
and are in the course of being remitted.
4. Unencumbered bonds, debentures or other obligations of
or guaranteed by the Government of Canada or by the gov-
ernment of a Province or Territory of Canada that are val-
ued at market and that are held as assets on the 31st day of
January, 1985, until maturity or until sold.
5. In the case of a credit union or league that has a written
investment policy that is duly authorized by its board of
directors and which investment policy includes the main-
taining of assets in the form of bankers' acceptances, dis-
counted notes issued by banks and deposits and where the
credit union or league prior to any merger has not entered
into a rehabilitation agreement with a league or the Ontario
Share and Deposit Insurance Corporation, bankers' accep-
tances, discounted notes issued by a Canadian bank listed in
Schedule I or II to the Bank Act (Canada) and deposits by a
league in the Canadian Co-operative Credit Society Lim-
ited or the Caisse Centrale Desjardins Quebec, provided
that the bankers' acceptances or discounted notes are issued
by an institution that is incorporated in Canada and that
holds not less than an Rl Middle rating as classified by the
Dominion Bond Rating Service. O. Reg. 62/85, s. 1,
revised.
Matching of Terms of Investments and Loans with
Terms of Deposits
2. The board of directors of each credit union shall at least once
in each calendar year and not later than three months after the end
of the fiscal year of the credit union approve a procedure for match-
ing the terms of investments and loans with the terms of deposits of
the credit union. O. Reg. 62/85, s. 2.
3. The procedure referred to in section 2 shall include a method
for matching,
(a) assets with variable interest rates with comparable variable
interest rate liabilities;
(b) assets with a term to maturity of one year or less and their
associated interest rates with terms to maturity of liabilities
of one year or less and their associated interest rates; and
ELEMENTS D'ACTIF CORRESPONDANTS
Éléments d'actif prescrits
1 Pour l'application du paragraphe 92 (1) de la Loi, les catégories
suivantes d'éléments d'actif sont prescrites :
1. L'argent comptant, y compris les dépôts auprès d'une ban-
que mentionnée à l'annexe I ou II de la Loi sur les banques
(Canada), d'une société de fiducie inscrite en vertu de la
Loi sur les sociétés de prêt et de fiducie, de la Caisse
d'épargne de l'Ontario ou d'une fédération, pourvu que ces
dépôts soient remboursables dans les quatre-vingt-dix jours
de la date de leur émission, au prbc d'émission.
2. Les bons du trésor ou autres obligations du gouvernement
du Canada ou d'une province, si leur échéance est de qua-
tre-vingt-dix jours ou moins.
3. Un montant égal aux sommes retenues et qui sont en cours
de versement, dans le cas d'une caisse qui reçoit régulière-
ment des sommes retenues sur la feuille de paie de sociétai-
res.
4. Les obligations, debentures ou autres créances libres de
toute charge émises par le gouvernement du Canada ou
d'une province ou d'un territoire du Canada, ou garanties
par eux, évaluées à leur valeur marchande et qui consti-
tuent des éléments d'actif au 31 janvier 1985, jusqu'à leur
échéance ou jusqu'à ce qu'elles soient vendues.
5. Dans le cas d'une caisse ou d'une fédération qui possède
des lignes de conduite écrites en matière de placements qui
sont dûment autorisées par son conseil d'administration et
qui comprennent le maintien d'éléments d'actif, sous forme
d'acceptations de banque, de billets actualisés émis par des
banques et de dépôts; et si la caisse ou la fédération, avant
la fusion, s'il en est, a conclu une entente de réorganisation
financière avec une fédération ou la Société ontarienne
d'assurance des actions et dépôts, les acceptations de ban-
que, les billets actualisés émis par une banque mentionnée à
l'annexe I ou II de la Loi sur les banques (Canada) et les
dépôts d'une fédération auprès de la Société canadienne de
crédit coopératif Ltée ou de la Caisse centrale Desjardins
du Québec, pourvu que les acceptations de banque ou les
billets actualisés soient émis par un établissement constitué
en personne morale au Canada qui possède au moins une
cote «Rl Middle», selon la classification du «Dominion
Bond Rating Service». Règl. de l'Ont. 484/90, art. 1, en
partie, révisé.
Correspondance entre ia. durée des puvcements et des prêts
et celle des dépôts
2 Au moins une fois par année civile, le conseil d'administration
de chaque caisse approuve, au plus tard trois mois après la fin de
l'exercice, un processus pour faire correspondre la durée des place-
ments et des prêts et celle des dépôts de la caisse. Règl. de l'Ont.
484/90, art. \, en partie.
3 Le processus visé à l'article 2 comprend une méthode pour faire
correspondre :
a) les éléments d'actif à taux d'intérêt variables et les éléments
de passif comparables à taux d'intérêt variables compara-
bles;
b) les éléments d'actif avec une échéance d'un an ou moins et
les taux d'intérêt associés et les éléments de passif avec une
échéance d'un an ou moins et les taux d'intérêt associés;
24
Reg./Règl. 211
CAISSES POPULAIRES ET CREDIT UNIONS
Reg./Règl. 213
(c) the maturity and interest rates of term assets, other than
those referred to in clauses (a) and (b), with comparable
term on liabilities and associated interest rates.
c) l'échéance et les taux d'intérêt des éléments d'actif à terme,
à l'exception de ceux visés aux alinéas a) et b), et l'échéance
comparable des éléments de passif et des taux d'intérêt
associés.
and shall be so established as to enable the credit union and the
Director to constantly monitor the maturity dates of deposits and
assets and their associated interest rates. O. Reg. 62/85, s. 3.
4.— (1) The items referred to in clauses 3 (b) and (c) shall be
matched where possible so that fixed rate assets are matched by
deposits and other liabilities of a comparable term to an average
annual level of 70 per cent.
(2) Where it is not possible for a credit union to match assets and
liabilities as set out in subsection (1), the credit union shall forthwith
assess the effect that the lack of matching and changes in interest
rates will make on the net income and reserves of the credit union.
(3) Where the board of directors is of the opinion that the lack of
matching will adversely affect the net income and reserves of the
credit union it shall forthwith develop a procedure that will enable
the credit union to comply with subsection (1) and shall advise the
Director in writing of the procedures within thirty days of the estab-
lishing of the procedure. O. Reg. 62/85, s. 4.
Le processus est élaboré de façon à permettre à la caisse et au direc-
teur de surveiller constamment les dates d'échéance des dépôts et
des éléments d'actif et leurs taux d'intérêt associés. Règl. de l'Ont.
484/90, art. l, en partie.
4 (1) Les points visés aux alinéas 3 b) et c) doivent correspondre
dans la mesure du possible de sorte que le niveau annuel moyen de
correspondance entre les éléments d'actif à taux fixe et les dépôts et
les autres éléments de passif d'une durée comparable soit de 70 pour
cent.
(2) Si la caisse ne peut faire correspondre les éléments d'actif et de
passif comme le prévoit le paragraphe (1), la caisse évalue sans délai
les conséquences que le défaut de correspondance et les change-
ments en ce qui concerne les taux d'intérêt auront sur le bénéfice net
et les réserves de la caisse.
(3) Si le conseil d'administration est d'avis que le défaut de corres-
pondance aura des conséquences défavorables sur le bénéfice net et
les réserves de la caisse, il élabore sans délai un processus qui per-
mettra à la caisse de satisfaire au paragraphe (1). II avise le directeur,
par écrit, du processus élaboré dans les trente jours qui en suivent
l'élaboration. Règl. de l'Ont. 484/90, art. \, en partie.
REGULATION 212
MEMBERSHIP IN CREDIT UNION LEAGUES
1. A league may accept into membership.
REGLEMENT 212
ADHÉSION AUX FÉDÉRATIONS DE CAISSES
1 Une fédération peut accepter l'adhésion des organismes
suivants :
(a) co-operative corporations incorporated, organized or regis-
tered under provincial co-operative legislation or governed
by such legislation;
(b) corporations organized for charitable purposes;
(c) corporations, no part of the income of which is payable to,
or otherwise benefits personally, any shareholder or mem-
ber thereof; and
(d) corporations however incorporated (whether under the
laws of Ontario or not) which in the opinion of the directors
are operating as co-operative corporations. O. Reg.
58/81, s. 1.
2. A loan to any member of a league referred to in clause 1 (a),
(b), (c) or (d) may be made only on such terms and conditions as are
provided for in the by-laws of the league. O. Reg. 58/81, s. 2.
a) les coopératives constituées, organisées ou enregistrées en
vertu d'une loi provinciale sur les coopératives ou régies par
une telle loi;
b) les personnes morales organisées à des fms charitables;
c) les personnes morales dont aucun revenu n'est payable aux
actionnaires ou aux sociétaires ou ne leur profite person-
nellement d'une autre façon;
d) les personnes morales, constituées de quelque façon que ce
soit (en vertu des lois de l'Ontario ou non) qui, de l'avis des
administrateurs, fonctionnent comme des coopératives.
Règl. de l'Ont. 483/90, art. \, en partie.
2 Un prêt à un membre d'une fédération visé à l'alinéa 1 a), b), c)
ou d) n'est consenti qu'aux conditions prévues aux règlements
administratifs de la fédération. Règl. de l'Ont. 483/90, art. 1, en
partie.
REGULATION 213
MEMBERSHIP IN CREDIT UNIONS
1. In this Regulation, "community credit union" means a credit
union whose membership is open to all persons residing or working
within a defined geographical area. R.R.O. 1980, Reg. 196, s. 1.
2. Subject to the by-laws of the credit union.
REGLEMENT 213
ADHÉSION AUX CAISSES
1 Pour l'application du présent règlement, le terme «caisse
communautaire» s'entend d'une caisse à laquelle peuvent adhérer les
personnes qui résident ou travaillent dans une zone géographique
définie. Règl. de l'Ont. 482/90, art. 1, en partie.
2 Sous réserve des règlements administratifs de la caisse :
25
Reg./Règl. 213
CREDIT UNIONS AND CAISSES POPULAIRES
Reg./Règl. 214
(a) a municipal corporation may become a member of,
(i) a community credit union provided that the credit
union has a place of business within the municipality,
or
a) une municipalité peut devenir sociétaire :
(i) soit d'une caisse communautaire qui a un bureau
dans la municipalité.
(ii) a credit union provided that the credit union's defini-
tion of membership includes employees of that
municipal corporation;
(b) a corporation may become a member of,
(i) a community credit union provided that the corpora-
tion has a place of business within the geographical
confines of the credit union,
(ii) a credit union provided that the credit union's defini-
tion of membership includes employees of that cor-
poration, or
(iii) a credit union provided that in case of,
(A) a corporation with share capital, a majority of
the voting shares are held by members of the
credit union, or
(B) a corporation without share capital, a major-
ity of the members are members of the credit
union;
(c) a corporation having charitable, benevolent or cultural
objects may become a member of a credit union provided
that the credit union's definition of membership includes
that corporation;
(d) an unincorporated association or a partnership registered
under the Business Names Act may become a member of.
(i) a community credit union provided that the unincor-
porated association or partnership is located within
the geographical confines of the credit union, or
(ii) a credit union provided that the majority of the
members of the unincorporated association or the
majority of the partners of the partnership are mem-
bers of the credit union; and
(ii) soit d'une caisse qui, dans ses règles concernant
l'adhésion, permet aux employés de la municipalité
d'en être sociétaires;
b) une personne morale peut devenir sociétaire :
(i) d'une caisse communautaire qui a un bureau dans la
zone géographique de la caisse.
(ii) d'une caisse qui, dans ses règles concernant l'adhé-
sion, permet aux employés de cette personne morale
d'en être sociétaires,
(iii) d'une caisse si, dans le cas :
(A) d'une personne morale avec capital-actions,
la majorité des actions avec droit de vote sont
détenues par des sociétaires de la caisse,
(B) d'une personne morale sans capital-actions, la
majorité des membres sont sociétaires de la
caisse;
c) une personne morale qui poursuit des fins charitables, cul-
turelles ou de bienfaisance peut devenir sociétaire d'une
caisse qui le permet dans ses règles concernant l'adhésion;
d) une association sans personnalité niorale ou une société en
nom collectif enregistrée conformément à la Loi sur les
noms commerciaux peut devenir sociétaire :
(i) d'une caisse communautaire si l'association ou la
société est située dans la zone géographique de la
caisse,
(ii) d'une caisse, si la majorité de ses membres ou de ses
associés sont sociétaires de la caisse;
(e) a corporation or unincorporated association that is a trade
union as defined in the Labour Relations Acl may become a
member of a credit union provided that the credit union's
definition of membership is the same as the trade union or
requires membership in the trade union. R.R.O. 1980,
Reg. 196, s. 2.
3. Where a corporation or an unincorporated association or a
partnership registered under the Business Names Act is a member of
a credit union, a loan to such member may be made only on such
terms and conditions as are provided for in the by-laws of the credit
union. R.R.O. 1980, Reg. 196, s. 3.
e) une personne morale ou une association sans personnalité
morale qui est un syndicat au sens de la Loi sur les relations
de travail peut devenir sociétaire d'une caisse dont les règles
concernant l'adhésion sont identiques à celles du syndicat
ou exigent l'appartenance au syndicat. Règl. de l'Ont.
482/90, art. \, en partie.
3 La personne morale, l'association sans personnalité morale ou
la société en nom collectif enregistrée en vertu de la Loi sur les noms
commerciaux qui est sociétaire d'une caisse ne peut obtenir un prêt
que conformément aux conditions prévues aux règlements adminis-
tratifs de la caisse. Règl. de l'Ont. 482/90, art. \, en partie.
REGULATION 214
STABILIZATION FUNDS
1. In this Regulation,
'former OSDIC assessments" means those funds constituting the
balance of assessments referred to in subsection 113 (1) of the Act
including the accumulated net earnings thereon that were paid out
by the Ontario Share and Deposit Insurance Corporation and
placed in a stabilization fund. O. Reg. 151/87, s. 1.
"deficit position" means a financial position where the liabilities
including the capital subscribed as a condition of membership
exceed the total tangible assets;
2. No person shall disburse or cause or permit to be disbursed
from a stabilization fund established by a league under the Act, for-
mer OSDIC assessments or the accumulated net earnings thereon, as
26
Reg./Règl. 214
CAISSES POPULAIRES ET CREDIT UNIONS
Reg./Règl. 214
they existed on the 1st day of March, 1987, except as set out in this
Regulation. O. Reg. 151/87, s. 2.
3.— (1) A league may disburse or cause the disbursement of for-
mer OSDIC assessments or the accumulated net earnings thereon
from a stabilization fund operated by it to a credit union,
(a) up to an amount equal to the deficit of the credit union,
where the credit union was on the 31st day of March, 1987 a
member of that league and was in a deficit position; or
and the credit union files with the league a certificate from the
Ontario Share and Deposit Insurance Corporation that attests to the
fact referred to in clause (a) or (b).
(3) No disbursement shall be made to a credit union under clause
(1) (b) unless the credit union files with the league a certificate from
the Ontario Share and Deposit Insurance Corporation that states
that the disbursement will assist the credit union in meeting the stan-
dards of business and financial practices referred to in clause
110(1) (a) of the Act. O. Reg. 151/87, s. 3.
(b) in order to assist the credit union in meeting the standards
of business and financial practices referred to in clause
112(1) (a) of the Act.
(2) No disbursement shall be made to a credit union under clause
(1) (a) unless,
(a) the deposit insurance of the credit union is in good stand-
ing; or
(b) the deposit insurance of the credit union is not in good
standing but will be restored to good standing if the dis-
bursement is made by the league.
4. A league may disburse or cause the disbursement of the accu-
mulated net earnings from former OSDIC assessments to meet the
operating and administrative expenses incurred in the operation of
the stabilization fund operated by it. O. Reg. 151/87, s. 4.
5. Where the credit unions referred to in section 3 are in a sound
financial condition, there are no further disbursements required to
finance the deficits of the credit unions and there are no outstanding
orders respecting the credit unions under section 117 of the Act, the
league to which the credit unions belong may use any remaining for-
mer OSDIC assessments or the accumulated net earnings thereon for
such purposes as are approved by a special resolution of the league.
O. Reg. 151/87, s. 5.
27
Reg./Règl. 215
Reg./Règl. 216
Crop Insurance Act (Ontario)
Loi sur l 'assurance-récolte (Ontario)
REGULATION 215
ARBITRATION PROCEEDINGS
1.— (1) The Crop Insurance Arbitration Board is continued.
(2) It shall consist of one or more members appointed by the
Lieutenant Governor in Council. R.R.O. 1980, Reg. 197, s. 1,
revised.
2. The Lieutenant Governor in Council may designate one of the
members of the Board as chair. R.R.O. 1980, Reg. 197, s. 2.
3. The Board has exclusive jurisdiction to hear and determine all
disputes between the Commission and an insured person, arising out
of the adjustment of a loss under a contract of insurance. R.R.O.
1980, Reg. 197, s. 3, revised.
4. If the Commission and an insured person have failed to resolve
any dispute arising out of the adjustment of a loss under a contract of
insurance, and all requirements respecting the filing of proof of loss
forms have been complied with, the Commission or the insured per-
son may serve, by prepaid first class mail, notice of arbitration upon
the other of them, and upon the Board, stating that the matter in dis-
pute is to be determined by arbitration. R.R.O. 1980, Reg. 197,
s. 4, revised.
5. A notice of arbitration referred to in section 4 shall be served
within one year of the day of filing of the proof of loss form.
O. Reg. 81/84, s. 1.
6. Where a notice of arbitration has been served in accordance
with sections 4 and 5, the Board shall fix a day and a time when and a
place where it will consider the matter in dispute and hear the par-
ties, and shall notify the parties accordingly. O. Reg. 81/84, s. 2.
7. On the day, and at the time and place so fixed, or on any sub-
sequent day and at any time and place of which the parties have had
due notice, the Board shall hear the evidence given on behalf of the
parties respecting the matter in dispute referred to it, and shall make
an award thereon. R.R.O. 1980, Reg. 197, s. 6.
8. The decision of a majority of its members is the decision of the
Board, and if there is no majority, the decision of the chair governs.
R.R.O. 1980, Reg. 197, s. 1, revised.
9. The Board may sit at any place in Ontario.
Reg. 197, s. 8.
R.R.O. 1980,
10. All orders, notices and other documents of the Board shall be
signed by the chair or in the event of his or her absence or inability to
act, or if there is no chair at the time, by any other member of the
Board and when so signed shall have like effect as if signed by the
chair. R.R.O. 1980, Reg. 197, s. 9.
11. In the event of the absence or inability to act of any member,
or in the case of a vacancy in the Board, the remaining member or
members may exercise the powers of the Board. R.R.O. 1980,
Reg. 197, s. 10.
REGULATION 216
CROP INSURANCE PLAN FOR APPLES
1. The plan in the Schedule is established for the insurance within
Ontario of apples. R.R.O. 1980, Reg. 198, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Apples".
2. The purpose of this plan is to provide for insurance against a
loss in the production of apples resulting from one or more of the
perils designated in section 4.
Definitions
3. In this plan.
"apples" means all varieties of apples produced in Ontario but does
not include crabapples;
"average yield" means the average total orchard production of the
insured person over the preceding six years allowing for,
(a) age of trees,
(b) biennial bearing,
(c) tree removal, and
(d) change in acreage.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
3. Freeze injury.
4. Frost.
5. Hail.
6. Unavoidable pollination failure.
7. Hurricane or tornado damage.
Crop Year
5. The crop year for apples is the period from the 1st day of
December in any year to the 30th day of November next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for apples shall be deemed to be comprised of,
(a) the contract of insurance in Form 1;
29
Reg./Règl. 216
CROP INSURANCE
Reg./Règl. 216
(b) the application for insurance;
(c) the production guarantee report;
(d) where applicable, the extended coverage endorsement in
Form 3;
(e) where applicable, the extended coverage endorsement in
Form 2; and
(f) an amendment to any document referred to in clause (a),
(b), (c), (d) or (e) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of,
(i) $100, or
(ii) one-quarter of the premium payment made by the
insured person for the previous crop year,
whichever is the greater, or
(iii) an amount to be determined by the Commission;
and
(c) be filed with the Commission not later than the 1st day of
December in the crop year in respect of which it is made.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of December in the crop year during which the
cancellation is to be effective or on or before such other date as may
be determined from time to time by the Commission.
Coverage
9.— (1) Subject to subsections (2) and (3), the coverage provided
under a contract of insurance is 73 per cent of the average yield as
determined by the Commission multiplied by the established price.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1. Following the first no claim year, to 76 per cent.
2. Following the second no claim year, to 78 per cent.
3. Following the third no claim year, to a maximum of 80 per
cent.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years from the insured level in reverse progres-
sion to that prescribed by subsection (2), except that where a claim
occurs in a year when the coverage is 73 per cent, the coverage shall
be reduced to a minimum of 70 per cent.
(4) Where the insured crop is damaged by hail or frost and the
actual harvested yield exceeds the average yield, the coverage pro-
vided shall be the sum of percentage of the average yield determined
under this section and the same percentage of the excess yield har-
vested, but in no case shall the maximum indemnity exceed that for
which the Commission is otherwise liable.
10.— (1) The established price for apples is,
(i) 7 cents.
(ii) 9 cents, or
(iii) 11 cents,
per pound.
(2) Subject to subsection (3), the established price per pound
shall,
(a) be selected by an applicant at the time a contract of insur-
ance is made or upon renewal of such contract; and
(b) apply in each succeeding crop year during which the con-
tract is in force.
(3) Where,
(a) the insured person applies therefor in writing prior to the
1st day of December in the crop year; and
(b) the Commission consents in writing,
any established price designated in subsection (1) may be substituted
for the established price selected by the insured person at the time a
contract of insurance is made or for any substitution made under this
subsection.
11. The maximum indemnity for which the Commission is liable
under a contract of insurance shall be the amount obtained by multi-
plying the total guaranteed production determined under section 9
by the established price per pound determined under section 10.
Premiums
12.— (1) The total premium payable in the crop year is,
(a) where the level of coverage is 70 per cent, 17.3 per cent;
(b) where the level of coverage is 73 per cent, 16.8 per cent;
(c) where the level of coverage is 76 per cent, 16.2 per cent;
(d) where the level of coverage is 78 per cent, 15.7 per cent;
and
(e) where the level of coverage is 80 per cent, 14.5 per cent,
of the guaranteed production in pounds multiplied by the established
price.
(2) Despite subsection (1), where the guaranteed production
exceeds 600,000 pounds, the premium payable shall be reduced as
follows:
Guaranteed Production
Premium
Discount
Up to 600,000 pounds
0%
600,001 to 1,200,000 pounds
10%
1,200,001 to 1,800,000 pounds
20%
1,800,001 to 2,400,000 pounds
30%
2,400,001 to 2,500,000 pounds
33%
2,500,001 to 2,600,000 pounds
36%
2,600,001 to 2,700,000 pounds
39%
2,700,001 to 2,800,000 pounds
42%
2,800,001 to 2,900,000 pounds
45%
2,900,001 to 3,000,000 pounds
48%
over 3,000,000 pounds
50%
(3) Despite subsections (1) and (2), the minimum premium pay-
able by an insured person in each crop year is $100.
(4) The premium prescribed in subsection (1) includes payments
in respect of premiums made by the Government of Canada under
the Crop Insurance Act (Canada).
30
Reg./Règl. 216
ASSURANCE-RECOLTE
Reg./Règl. 216
13.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, to
the Commission at the time the production guarantee report pre-
scribed by section 14 is returned to the Commission.
Production Guarantee Report
14. The Commission shall prepare and deliver a production guar-
antee report in the form prescribed by the Commission to each
insured person in each crop year and the insured person shall sign a
copy thereof and return it to the Commission. R.R.O. 1980, Reg.
198, Sched.; O. Reg. 768/81, ss. 1-4; O. Reg. 37/83, s. 1; O. Reg.
754/83, ss. 1, 2; O. Reg. 7%/83, ss. 1, 2; O. Reg. 647/85, ss. 1-7;
O. Reg. 675/86, ss. 1, 2; O. Reg. 222/88, s. 1; O. Reg. 730/88, s. 1.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinafter
referred to as "THE COMMISSION",
of the first part
— and—
of the of
in the County (or as the case may be) of
hereinafter referred to as "THE INSURED PERSON",
OF the second part
Whereas the insured person has applied for crop insurance on
apples under The Ontario Crop Insurance Plan for Apples, hereinaf-
ter referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, where in a crop year the insured
person suffers a loss in the production of apples resulting from one or
more of the perils designated in the plan, the Commission, subject to
the terms and conditions hereinafter set forth, agrees to indemnify
the insured person in respect of such loss.
TERMS AND CONDITIONS
Insured Crop
1. In this contract, "insured crop" means all varieties of apples
produced in Ontario but does not include crabapples.
Causes of Loss Not Insured Against
2. This contract does not insure against, and no indemnity shall be
paid in respect of a loss resulting from,
(a) the negligence, misconduct or poor farming practices of the
insured person or the insured person's agents or employees;
(b) a shoriage of labour or machinery;
(c) insect infestation or plant disease; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
3.— (1) The insured person shall offer for insurance all acreage
planted to the insured crop on the farm or farms operated by the
insured person in Ontario, and, subject to subparagraph (2), this
contract applies to all such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes; or
(b) that, in the opinion of the Commission, is not insurable.
Crop Year
4.— (1) All insured acreage shall be harvested unless the Commis-
sion, upon application therefor in writing, consents in writing to the
abandonment or destruction of the insured crop or any part thereof
and, in such case, the Commission shall determine,
(a) the potential production of the unharvested acreage; and
(b) whether the harvesting was prevented by one or more of
the perils insured against.
(2) Where an insured person fails to obtain the consent of the
Commission in accordance with subparagraph (1), no indemnity shall
be paid in respect of the unharvested acreage.
Evaluation of Loss
5.— (1) The amount of loss that shall be taken into account in the
final adjustment of loss in respect of the total insured acreage shall
be calculated by multiplying the difference between the guaranteed
production and the actual production by the established price per
pound.
(2) For the purpose of subparagraph (1), actual production shall
include,
(a) the total orchard run of all insured acreage; and
(b) the potential production of wholly or partially unharvested
acreage where the failure to harvest resulted from a cause
of loss not insured against.
(3) If the insured crop or any part of it has suffered hail, freeze,
frost, hurricane or tornado damage to such an extent that the grade
has been reduced from Canada Fancy to Juice Grade, for the pur-
pose of subparagraph (1), the actual production is the total of the
actual undamaged production and a fraction of the actual damaged
production calculated under subparagraph (4).
(4) The fraction of the actual damaged production shall be calcu-
lated as follows:
(Juice Grade price per pound less 2g)
(3 X Juice Grade price per pound)
(5) Where the actual production of the insured crop or any part
thereof has been adjusted as a result of hail or frost damage and such
crop or part thereof is subsequently sold as a grade superior to that
upon which the adjustment was based, the actual production shall be
readjusted accordingly.
Notice of Loss or Damage
6.-(l) Where,
(a) loss or damage to the insured crop occurs; or
(b) the insured crop or any part thereof is or is intended to be
sold on a pick-your-own basis,
the insured person shall notify the Commission in writing prior to
harvest in order that a pre-harvest inspection may be made.
(2) Despite subparagraph (1), where loss or damage to the
insured crop occurs, the insured person shall notify the Commission
in writing within the following time limits:
31
Reg./Règl. 216
CROP INSURANCE
Reg./Règl. 216
1. For hail or hurricane or tornado damage, within three days
of the time of loss.
2. For frost damage or freeze injury affecting the quality of
the fruit, within three days of the time of loss.
(3) Where the insured person fails to notify the Commission
under subparagraphs (1) and (2), a claim by the insured person is
invalid and the insured person's right to indemnity is forfeited.
Misrepresentation, Violation of Conditions or Fraud
7. Where the insured person,
(a) in the application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the insured person's right
to recover indemnity is forfeited.
Waiver or Alteration
8. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
9. Even if a person other than the insured person holds an interest
of any kind in the insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the crop; and
(b) except as provided in paragraph 10, no indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
10. The insured person may assign all or part of a right to indem-
nity under this contract in respect of the insured crop but an assign-
ment is not binding on the Commission and no payment of indemnity
shall be made to an assignee unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Adjustment of Loss
11. — (1) The indemnity payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it deems proper.
(3) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) the actual production obtained from the insured crop for
the crop year; and
(b) that the loss in production or part thereof resulted directly
from one or more of the perils insured against.
(4) Where a loss in production resulted partly from a peril
insured against and partly from a cause of loss not insured against,
the Commission shall determine the amount of the loss that resulted
from the cause of loss not insured against, and the indemnity payable
by the Commission under this contract shall be reduced accordingly.
Proof of Lxjss
12.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year,
whichever is the earlier.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by an authorized representative; or
(b) in the case of the absence or inability of the insured person
or on failure or refusal to do so, by an assignee under an
assignment made in accordance with paragraph 10.
(4) Where required by the Commission the information given in a
proof of loss form shall be verified by statutory declaration.
Arbitration
13. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
14. — (1) No indemnity under this contract becomes due and pay-
able until,
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under the contract at an earlier date.
Subrogation
15. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
16. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
32
Reg./Règl. 216
ASSURANCE-RECOLTE
Reg./Règl. 216
Notice
17.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be served by per-
sonal delivery or by mailing it to the insured person's last known
address on file with the Commission.
(3) Where a written notice is mailed, it shall be deemed to be
served three days after it is mailed.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at
this day of .
19.
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 198, Form 1; O. Reg. 768/81, s. 5; O. Reg.
37/83, s. 2; O. Reg. 6/85, ss. 1, 2; O. Reg. 647/85, s. 8; O. Reg.
222/88, s. 2; O. Reg. 15/90, s. 1.
Form 2
Crop Insurance Act (Ontario)
EXTENDED COVERAGE ENDORSEMENT
Dehnitions
1. In this Form,
"gross production" means the total damaged and undamaged pro-
duction of the insured crop at each separate orchard;
"insured crop" means all varieties of apples, except crabapples, pro-
duced in Ontario;
"separate farms" means farms, whether adjoining or not, that have
different addresses or different legal descriptions;
"separate orchards" means orchards that are operated by the same
insured person, that are located on separate farms and that have
yields that can be maintained separately.
Terms and Conditions
2.— (1) This endorsement provides for insurance against a loss in
the grade of apples resulting from hail damage to separate orchards.
(2) Each separate orchard is insured under this endorsement on
an individual basis.
(3) The only insurable peril under this endorsement is hail.
(4) In order to qualify for coverage under this endorsement, the
insured person shall offer for insurance all separate orchards that are
planted to the insured crop and that are operated by that person in
Ontario.
(5) This endorsement is in force where the insured person applies
for insurance in Form 1 of this plan, applies for the extended cover-
age offered under this endorsement and pays the premium pre-
scribed by paragraph 9.
Application
3. An insured person may make application for extended coverage
up until the time that the production guarantee report is completed
and the premium is paid by the insured.
4. The extended coverage under this endorsement may be can-
celled by the insured person by notice in writing to the Commission
on or before the 10th day of June in the crop year during which the
cancellation is to take effect.
Coverage
5. — (1) The coverage provided under this endorsement shall be the
same as that set out in subsections 9 (1), (2) and (3) of the Schedule.
(2) Subsection 9 (4) of the Schedule does not apply to this
endorsement.
6. The established price for apples shall be the same as that set out
in section 10 of the Schedule.
7. The maximum indemnity for which the Commission is liable
under a contract of insurance in Form 1 and insurance provided by
this endorsement is the amount obtained by multiplying the total
guaranteed production determined under section 9 of the Schedule
by the established price per pound set out in section 10 of the Sched-
ule.
8. For the purposes of this endorsement, an indemnity for a sepa-
rate orchard shall be payable only where 10 per cent or more of the
insured crop in the separate orchard is damaged by hail.
Premiums
9.— (1) The total premium payable in the crop year for both the
contract of insurance in Form 1 and this endorsement is,
(a) where the level of coverage is 70 per cent, 20.65 per cent;
(b) where the level of coverage is 73 per cent, 20.40 per cent;
(c) where the level of coverage is 76 per cent, 20.10 percent;
(d) where the level of coverage is 78 per cent, 19.85 per cent;
(e) where the level of coverage is 80 per cent, 19.25 per cent,
of the guaranteed production in pounds multiplied by the established
price.
(2) The premium prescribed by subparagraph (1) includes pay-
ments in respect of premiums made by the Government of Canada
under the Crop Insurance Act (Canada).
10. The total premium payable under this endorsement shall be
paid by the insured person at the time the contract of insurance for
this endorsement is finalized between the Commission and the
insured person.
11. The volume discount set out in subsection 12 (2) of the Sched-
ule does not apply to premiums payable for this endorsement.
Evaluation of Loss
12.— (1) The amount of loss respecting the insured acreage for
each separate orchard shall be calculated by multiplying the follow-
ing together:
1. The established price per pound as set out in section 10 of
the Schedule.
2. The percentage of loss that is calculated under subpara-
graph (3).
3. The lesser of the actual production or the guaranteed pro-
duction, as determined by the Commission.
(2) For the purpose of subparagraph (1), actual production shall
include,
(a) the total orchard run from each separate orchard; and
(b) the potential production of wholly or partially unharvested
33
Reg./Règl. 216
CROP INSURANCE
Reg./Règl. 217
acreage where the failure to harvest resulted from a cause
of loss not insured against under this endorsement.
(3) Where the insured crop or any part of it has suffered hail
damage to such an extent that tjie grade has been reduced from
Canada Fancy to Juice Grade, the percentage of loss due to hail
damage, for the purpose of subparagraph (1), is:
Actual
Damaged x 1 -
Production
Juice Grade
per pound less 2e
3 X Juice Grade
price per pound
X 100
Gross production
(4) In order to determine the reduction in grade by hail, the Com-
mission shall calculate the hail counts as close to harvest as possible.
Notice of Loss or Damage
13. Where loss or damage to the insured crop occurs, the insured
person shall notify the Commission immediately in writing.
O. Reg. 222/88, s. 4; O. Reg. 730/88, s. 2; O. Reg. 15/90, s. 2.
Form 3
Crop Insurance Act (Ontario)
EXTENDED COVERAGE ENDORSEMENT
Terms and Conditions
1.— (1) In this endorsement the coverage for apples insured under
the plan shall be deemed to be extended to producing and non-pro-
ducing trees in accordance with paragraph 5.
(2) This endorsement is in force where the insured person applies
therefor and pays the prescribed premium.
(3) The coverage in force and indemnity and premiums payable
under this endorsement are in addition to any prescribed by the plan.
Coverage
5. — (1) Subject to subparagraph (2), the coverage provided under
this endorsement is the value per tree in accordance with the Table
multiplied by the number of insured trees.
(2) Coverage of 50 per cent of that provided under subparagraph
(1) may be selected by the insured person at the time of application.
Premiums
6. — (1) Subject to subparagraph (2), the premium payable by the
insured person in the crop year under this endorsement is 1 per cent
of the coverage provided.
(2) The minimum premium payable by an insured person in the
crop year under this endorsement is $200.
(3) An insured person shall pay a premium deposit of $200 at the
time of application for extended coverage.
7. For the purposes of this endorsement, a loss shall be deemed to
have occurred where,
(a) 500 trees; or
(b) 3 per cent of the total number of trees insured,
whichever is fewer, are damaged by one or more of the insured perils
to the extent that the trees are of no further value.
NOTinCATION OF Loss
8. Any loss or damage must be reported to the Commission as
soon as it becomes apparent and in no case will any indemnity be
paid in respect of trees removed prior to inspection by the Commis-
sion.
Designation of Perils
2. In addition to the perils designated under the plan, the following
are designated as perils for the purposes of this endorsement:
1. Ice damage.
2. Virus disease for which there is no effective control pro-
gram.
3. Any other adverse weather condition.
3. An application for extended coverage shall be made by the 1st
day of December preceding the crop year in respect of which cover-
age under the plan is requested.
Extent of Insurance
4.— (1) The insured person shall offer for insurance all trees being
used to produce the insured crop or that are being grown to produce
the insured crop and, subject to subparagraph (2), this endorsement
applies to all such trees.
(2) This endorsement does not apply to and no indemnity is pay-
able in respect of trees,
(a) in the year of planting;
(b) that are diseased, or that for any other reason in the opin-
ion of the Commission, are not insurable; or
(c) of a total insurable value of less than $3,000 according to
the Table.
TABLE
Categories
Coverage
per Tree
Where the trees are 2 or 3 years of age
$ 8
Where the trees are 4 years of age or older and
there are 250 or more trees per acre
$12
Where the trees are 4 years of age or older and
there are 60 or more, but not more than 249,
trees per acre
$15
Where the trees are from 4 to 9 years of age
inclusive and there are fewer than 60 trees per
acre
$18
Where the trees are 10 years of age or older and
there are fewer than 60 trees per acre
$40
O. Reg. 754/83, s. 5; O. Reg. 82/84, s. 2; O. Reg. 6/85, s. 3;
O. Reg. 647/85, s. 11; O. Reg. 675/86, s. 3; O. Reg. 222/88, s. 3;
O. Reg. 730/88, s. 3.
REGULATION 217
CROP INSURANCE PLAN FOR ASPARAGUS
1. The plan in the Schedule is established for the insurance within
Ontario of asparagus. O. Reg. 353/84, s. 1.
34
Reg./Règl. 217
ASSURANCE-RECOLTE
Reg./Règl. 217
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Asparagus".
2. The purpose of this plan is to provide for insurance against a
loss in the production of asparagus resulting from one or more of the
perils designated in section 4.
DERNmONS
3. In this plan.
"asparagus" means asparagus produced in Ontario from plants that
are four years of age or older;
"average farm yield" means the average of previous yields of the
producing acreage computed on the basis of acreage production
records of the insured person or on such other basis as the Com-
mission approves.
Designation of Perils
4.— (1) Subject to subsection (2), the following are designated as
perils for the purposes of this plan:
1. Drought.
2. Excessive heat.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wind.
10. Cool weather.
(2) The contract of insurance does not insure against a loss in the
production of asparagus in a crop year resulting from insect infesta-
tion or plant disease unless the insured person establishes that a rec-
ommended control program during the crop year was followed.
5. The crop year for asparagus is the period from the 1st day of
April in any year to the 15th day of July next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for asparagus shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) the application for insurance;
(c) an endorsement for asparagus in Form 1;
(d) the final acreage report for each crop year; and
(e) any amendment to a document referred to in clause (a),
(b), (c) or (d) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of at least $100; and
(c) be filed with the Commission not later than the 1st day of
August of the preceding year.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of August prior to the crop year during which the
cancellation is to be effective.
Coverage
9.— (1) The initial coverage provided under a contract of insurance
shall be 70 per cent of the average farm yield in pounds of the total
producing acres of asparagus grown by the insured person.
(2) If there is no claim in a year, the coverage provided under a
contract of insurance for the next following year shall be as follows,
(a) where the coverage for the year in which there was no claim
was 65 per cent, 70 per cent of the average farm yield in
pounds of the total producing acres of asparagus grown by
the insured person;
(b) where the coverage for the year in which there was no claim
was 70 per cent, 75 per cent of the average farm yield in
pounds of the total producing acres of asparagus grown by
the insured person;
(c) where the coverage for the year in which there was no claim
was 75 per cent, 80 per cent of the average farm yield in
pounds of the total producing acres of asparagus grown by
the insured person;
(d) where the coverage for the year in which there was no claim
was 80 per cent, 80 per cent of the average farm yield in
pounds of the total producing acres of asparagus grown by
the insured person.
(3) If there is a claim in a year, the coverage provided under a
contract of insurance for the next following year shall be as follows,
(a) where the coverage for the year in which there was a claim
was 80 per cent, 75 per cent of the average farm yield in
pounds of the total producing acres of asparagus grown by
the insured person;
(b) where the coverage for the year in which there was a claim
was 75 per cent, 70 per cent of the average farm yield in
pounds of the total producing acres of asparagus grown by
the insured person;
(c) where the coverage for the year in which there was a claim
was 70 per cent, 65 per cent of the average farm yield in
pounds of the total producing acres of asparagus grown by
the insured person;
(d) where the coverage for the year in which there was a claim
was 65 per cent, 65 per cent of the average farm yield in
pounds of the total producing acres of asparagus grown by
the insured person.
(4) Despite subsection (3), if the amount of a claim paid in a year
35
Reg./Règl. 217
CROP INSURANCE
Reg./Règl. 217
is less than one-half of that year's total premium, the coverage for
the following year shall remain unchanged.
(5) The number of pounds calculated for the purposes of subsec-
tions (1), (2) and (3) constitutes the total guaranteed production
under a contract of insurance.
(6) If the Commission is of the opinion that the insured person
cannot provide adequate production records, it shall determine the
average farm yield on the basis of such other acreage production
records as it considers appropriate.
10. For the purposes of this plan, the established price per pound
for asparagus in a crop year is an amount equal to one-half of the
minimum price per pound for asparagus negotiated for that crop year
by the Ontario Asparagus Growers' Marketing Board.
11. Subject to subparagraph 4 (2) of Form 1, the maximum
amount for which the Commission is liable for a loss in production
under a contract of insurance shall be the amount obtained by multi-
plying the total guaranteed production determined under section 9
by the established price per pound determined under section 10.
Premiums
12.— (1) The total premium is $26 per acre.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Government of Canada under
the Crop Insurance Act (Canada).
13.— (1) Where a contract of insurance is in force, the premium
shall be paid in respect of each crop year in which the insured person
produces asparagus.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit pre-
scribed by subsection (3), to the Commission at the time of filing the
final acreage report prescribed by section 14.
(3) Where a renewal premium is payable in respect of a crop
year, the insured person shall, not later than the 1st day of August in
the preceding crop year, pay a premium deposit in accordance with
clause 7 (b).
Final Acreage Report
14.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission.
(2) The form mentioned in subsection (1) shall,
(a) record the total number of producing acres; and
(b) be filed by the 15th day of April of the crop year to which it
relates.
(3) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
15.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and, in such
case, shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report and adjustment of premium made
by the Commission under subsection (1) unless the insured person
notifies the Commission in writing that the insured person rejects the
revision and adjustment within ten days after the Commission notifi-
cation is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed.
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
16.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report;
(b) declare the insured acreage to be nil; or
(c) cancel the contract with no refund of premium deposit.
(2) Where the Commission prepares a final acreage report under
subsection (1), the Commission shall serve a copy of the report on
the insured person either by personal delivery or by mailing it to the
insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A mailed report is considered served three days after it is
mailed. O. Reg. 353/84, Sched.; O. Reg. 659/87, s. 1; O. Reg.
460/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
ASPARAGUS ENDORSEMENT
Whereas the insured person has applied for crop insurance under
The Ontario Crop Insurance Plan for Asparagus, hereinafter
referred to as "the plan" and has paid the deposit premium pre-
scribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover asparagus produced in Ontario.
Harvesting of Producing Acreage
1. All producing asparagus acreage shall be harvested in a crop
year unless the Commission, upon application therefor in writing,
consents in writing to the abandonment or destruction of the insured
crop or any part thereof.
Evaluation of Loss
2.— (1) Where loss or damage occurs prior to harvest, the Com-
mission, upon application therefor in writing by the insured person,
may consent in writing to the destruction of the insured crop on such
damaged acreage and, in such case, the Commission shall determine
the number of damaged acres and the potential thereof.
(2) Where the damaged acreage is abandoned or destroyed in
accordance with subparagraph (1), the amount of loss that shall be
taken into account in the final adjustment of loss in respect of the
insured acreage shall be calculated by multiplying the difference
between the guaranteed production for the damaged acreage and the
36
Reg./Règl. 217
ASSURANCE-RECOLTE
Reg./Règl. 218
potential production for the damaged acreage determined under sub-
paragraph (1) by the established price per pound.
(3) Where the damaged acreage is not abandoned or destroyed
after the Commission has consented thereto, the amount of loss cal-
culated under subparagraph (2) shall not be taken into account in the
final adjustment of loss.
(4) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total producing acreage shall be calculated by multiply-
ing the difference between the guaranteed production and the actual
production by the established price per pound.
Notice of Loss or Damage
3.— (1) Where loss or damage to the insured crop occurs and the
insured person intends to abandon or destroy the insured crop, or to
replant or use the planted acreage for another purpose, the insured
person shall notify the Commission in writing of such intention and
shall take no further action without the consent in writing of the
Commission.
(2) Where loss or damage to the insured crop occurs and the
damage was occasioned at a readily ascertainable time, the insured
person shall notify the Commission forthwith by telephone and shall
confirm in writing within twenty-four hours of such time.
(3) Where the loss or damage to the insured crop occurs after
planting and it appears, or ought reasonably to appear, to the
insured person before the completion of harvesting of the insured
crop that the production of the insured crop may thereby be reduced,
the insured person shall, as soon as the loss or damage is apparent,
notify the Commission in writing forthwith.
Final Adjustment of Loss for Total Producing Acreage
4.— (1) The indemnity payable with respect to the total acreage in
the final adjustment of loss shall be the sum of all loss calculations
made under paragraphs 3, 4 and S applicable to such acreage, but
where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable in respect of loss calculations made under para-
graph 5 shall be reduced by the amount obtained by multiplying such
excess by the established price per pound.
(2) The maximum indemnity payable in respect of any claim shall
not exceed the result obtained by subtracting the actual production,
or 25 per cent of the average farm yield, whichever is greater, from
the total guaranteed production.
Incorrect Acreage in Final Acreage Report
5.— (1) Where the actual producing acreage of asparagus in a crop
year is less than the producing acreage declared on the final acreage
report, the total guaranteed production and the amount of insurance
shall be reduced proportionately and there shall be no refund of pre-
mium.
(2) Where the actual producing acreage of asparagus in a crop
year exceeds the acreage declared on the final acreage report, the
total guaranteed production shall remain unchanged.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its General Manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at
this day of
.,19..
Duly Authorized
Representative
General Manager
O. Reg. 353/84, Form 1; O. Reg. 659/87, s. 2.
REGULATION 218
CROP INSURANCE PLAN FOR BLACK TOBACCO
1. The plan in the Schedule is established for the insurance within
Ontario of black tobacco. R.R.O. 1980, Reg. 200, s. 1.
Schedule
Crop Insurance Act (Ontario)
FLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Black Tobacco".
2. The purpose of this plan is to provide for insurance against a
loss in the production of black tobacco resulting from one or more of
the perils designated in section 4.
Definitions
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"black tobacco" means black tobacco grown in Ontario under con-
tract to a processor.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wind.
37
Reg./Règl. 218
CROP INSURANCE
Reg./Règl. 218
Designation of Crop Year
5. The crop year for black tobacco is the period from the 1st day of
March in any year to the 1st day of May in the year next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for black tobacco shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) an endorsement for black tobacco in Form 1;
(c) the application for insurance;
(d) the final acreage report for each crop year; and
(e) any amendment to a document referred to in clause (a),
(b), (c) or (d) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of at least $100; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which it is made or not
later than such other date as may be determined from time
to time by the Commission.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made unless it is terminated in accordance
with the regulations.
(2) Despite subsection (1), the contract does not insure against
and no indemnity shall be paid in respect of any loss or damage
which occurs prior to noon on the 24th day of May in the crop year.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual _ 2 rActual_ /Average , t \"|
Yield Yield 3 L Yield \ Yield ' /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted ^ Actual , 2r/Average
Yield Yield 3 L\ Yield
0 7\_ Actual "I
" / Yield J
10.— (1) Subject to subsections (2) and (3), the coverage provided
under a contract of insurance shall be 70 per cent of the average farm
yield in pounds of the total acreage seeded to black tobacco by the
insured person in accordance with the regulations.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1. Following the first no claim year, to 73 per cent of the aver-
age farm yield.
2. Following the second no claim year, to 76 per cent of the
average farm yield.
3. Following the third no claim year, to 78 per cent of the
average farm yield.
4. Following the fourth no claim year, to a maximum of 80 per
cent of the average farm yield.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years from the insured level in reverse progres-
sion to that prescribed by subsection (2) to a minimum of 70 per cent
of the average farm yield.
(4) The number of pounds determined under subsections (1), (2)
and (3) constitute the total guaranteed production under a contract
of insurance.
(5) Where in the opinion of the Commission the insured person
cannot provide adequate production records, the average farm yield
shall be determined by the Commission on such other basis as it may
approve.
11. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance shall be the amount
obtained by multiplying the total guaranteed production determined
under section 10 by the established price per pound prescribed in sec-
tion 12.
12. For the purposes of this plan, the established price per pound
for black tobacco in a crop year is an amount equal to 70 per cent of
the price per pound for black tobacco as established for that crop
year by contract with the processor.
Premiums
13.— (1) The total premium payable is $130 per acre.
(2) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
Final Acreage Reports
14.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the planting of acreage is completed.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
15.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and in such
case shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the insured person notifies the Commission in
writing that the insured person rejects the revision within ten days
after the Commission notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed and shall refund
any premium or premium deposit paid in respect of that crop year.
(5) A final acreage report revised under this section shall, failing
38
Reg./Règl. 218
ASSURANCE-RECOLTE
Reg./Règl. 218
notice under subsection (2), constitute the final acreage report for
the crop year.
16.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) Where the Commission prepares a final acreage report under
subsection (1), the Commission shall serve a copy of the report on
the insured person either by personal delivery or by mailing it to the
insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed. R.R.O. 1980, Reg. 200, Sched.; O. Reg.
376/81, ss. 1, 2; O. Reg. 307/83, s. 1; O. Reg. 573/83, s. 1; O. Reg.
464/84, ss. 1, 2; O. Reg. 490/87, s. 1; O. Reg. 307/89, s. 1; O. Reg.
339/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
BLACK TOBACCO ENDORSEMENT
Whereas the insured person has applied for crop Insurance for
black tobacco under The Ontario Crop Insurance Plan for Black
Tobacco, hereinafter referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover black tobacco.
Harvesting of Planted Acreage
1. All acreage planted to black tobacco in a crop year shall be har-
vested unless the Commission, upon application therefor in writing,
consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
Evaluation of Loss
2.— (1) Where loss or damage to a half acre or more of the insured
crop occurs prior to the 15th day of June in a crop year, the Commis-
sion, upon application therefor in writing by the insured person, may
consent in writing to,
(a) one replanting of the damaged acreage and, in such case,
the replanting shall be completed not later than the 15th
day of June in the crop year or not later than such other
date as may be determined from time to time by the Com-
mission; or
(b) the use of the damaged acreage for any other purpose or to
the abandonment or destruction of the insured crop on such
damaged acreage and, in such case, the Commission shall
determine the number of damaged acres and the potential
production thereof.
(2) Where the damaged acreage is replanted in accordance with
subparagraph (1), the Commission shall pay a supplementary benefit
to the insured person calculated at the rate of $125 for each replanted
acre.
(3) Where the damaged acreage is replanted to black tobacco,
the contract of insurance shall continue to apply to such replanted
acreage.
(4) The total number of acres in respect of which a replanting
benefit is paid in a crop year shall not in any case exceed the total
number of insured acres.
(5) Where the damaged acreage is used for any other purpose or
the insured crop is abandoned or destroyed in accordance with clause
(1) (b), the amount of loss that shall be taken into account in the
final adjustment of loss in respect of the total planted acreage shall
be calculated by multiplying the difference between the guaranteed
production and the potential production for the damaged acreage by
the established price per pound.
(6) Where the damaged acreage is not used for any other pur-
poses or the crop is not abandoned or destroyed after the Commis-
sion has consented thereto, the amount of loss calculated under sub-
paragraph (5) shall not be taken into account in the final adjustment
of loss.
(7) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account In the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per pound.
Final Adjustment of Loss for Total Planted Acreage
3. The indemnity payable with respect to the total planted acreage
in the final adjustment of loss shall be the sum of all loss calculations
applicable to such acreage, but where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable shall be reduced by the amount obtained by multi-
plying such excess by the established price per pound.
Incorrect Acreage in Final Acreage Report
4.— (1) Where the actual seeded acreage of the insured crop in a
crop year is less than the seeded acreage declared on the final acre-
age report, the guaranteed production and the amount of insurance
shall be reduced proportionately.
(2) Where the actual seeded acreage of the insured crop In a crop
year exceeds the seeded acreage declared on the final acreage report,
the production from the total seeded acreage shall be counted and
there shall be no increase in the total guaranteed production or the
maximum amount of indemnity payable.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by Its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated
this dayof ....
.,19..
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 200, Form 1; O. Reg. 464/84, s. 3; O. Reg.
490/87, s. 2.
39
Reg./Règl. 219
CROP INSURANCE
Reg./Règl. 219
REGULATION 219
CROP INSURANCE PLAN FOR
BURLEY TOBACCO
1. The plan in the Schedule is established for the insurance within
Ontario of burley tobacco. R.R.O. 1980, Reg. 201, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Burley Tobacco".
2. The purpose of this plan is to provide for insurance against a
loss in the production of burley tobacco resulting from one or more
of the perils designated in section 4.
Definitions
3. In this plan.
"average farm yield" means the average of previous yields of the
planted acreage computed by the Commission on the basis of acre-
age production records of the insured person or on such other
basis as the Commission determines;
"burley tobacco" means tobacco grown in Ontario under authoriza-
tion of The Ontario Burley Tobacco Growers' Marketing Board.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wind.
Designation of Crop Year
5. The crop year for burley tobacco is the period from the 1st day
of March in any year to the 1st day of May in the year next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for burley tobacco shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) an endorsement for burley tobacco in Form 1;
(c) the application for insurance; and
(d) any amendment to a document referred to in clause (a), (b)
or (c) agreed upon in writing.
7. An application for insurance shall,
(a) be in a Form provided by the Commission;
(b) be accompanied by the total premium; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which it is made or not
later than such other date as may be determined from time
to time by the Commission.
8. Where required by the Commission, an insured person shall
direct the Ontario Burley Tobacco Growers' Marketing Board to
deduct the premium payable under this plan from the proceeds of the
sale of the crop and to remit the amount deducted to the Commis-
sion.
Duration of Contract
9.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made unless it is terminated in accordance
with the regulations.
(2) Despite subsection (1), the contract does not insure against
and no indemnity shall be paid in respect of any loss or damage
which occurs prior to noon on the 24th day of May in the crop year.
Coverage
10.— (1) Subject to subsections (2) and (3), the coverage provided
under a contract of insurance shall be 70 per cent of the average farm
yield in pounds of the total acreage seeded to burley tobacco by the
insured person in accordance with the regulations.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1 . Following the first no claim year, to 73 per cent of the aver-
age farm yield.
2. Following the second no claim year, to 76 per cent of the
average farm yield.
3. Following the third no claim year, to 78 per cent of the
average farm yield.
4. Following the fourth no claim year, to a maximum of 80 per
cent of the average farm yield.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years from the insured level in reverse progres-
sion to that prescribed by subsection (2) to a minimum of 70 per cent
of the average farm yield.
(4) The number of pounds determined under subsections (1), (2)
and (3) constitute the total guaranteed production under a contract
of insurance.
(5) Where in the opinion of the Commission the insured person
cannot provide adequate production records, the average farm yield
shall be determined by the Commission on such other basis as it may
approve.
11. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance shall be the amount
obtained by multiplying the total guaranteed production determined
under section 10 by the established price per pound prescribed in sec-
tion 12.
12. For the purposes of this plan, the established price per pound
for burley tobacco is 70 per cent of the negotiated price.
Premiums
13.— (1) The total premium is $150 per acre.
40
Reg./Règl. 219
ASSURANCE-RECOLTE
Reg./Règl. 220
(2) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Government of Canada under
the Crop Insurance Act (Canada).
(3) Despite subsections (1) and (2), the minimum premium pay-
able by the insured person in a crop year is $25. R.R.O. 1980, Reg.
201, Sched.; O. Reg. 375/81, ss. 1, 2; O. Reg. 308/83, s. 1; O. Reg.
572/83, s. 1; O. Reg. 463/84, ss. 1-3; O. Reg. 491/87, s. 1.
Form 1
Crop Insurance Act (Ontario)
BURLEY TOBACCO ENDORSEMENT
Whereas the insured person has applied for crop insurance for
burley tobacco under The Ontario Crop Insurance Plan for Burley
Tobacco, hereinafter referred to as "the plan", and has paid the
deposit premium prescribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover burley tobacco.
Harvesting of Planted Acreage
1. All acreage planted to burley tobacco in a crop year shall be
harvested unless the Commission, upon application therefor in writ-
ing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
Evaluation of Loss
2.— (1) Where loss or damage occurs prior to the 15th day of June
in a crop year, the Commission, upon application therefor in writing
by the insured person, may consent in writing to,
(a) one replanting of the damaged acreage and, in such case,
the replanting shall be completed not later than the 15th
day of June in the crop year or not later than such other
date as may be determined from time to time by the Com-
mission; or
(b) the use of the damaged acreage for any other purpose or to
the abandonment or destruction of the insured crop on such
damaged acreage and, in such case, the Commission shall
determine the number of damaged acres and the potential
production thereof;
(2) Where the damaged acreage is replanted in accordance with
subparagraph (1), the Commission shall pay a supplementary benefit
to the insured person calculated at the rate of $200 for each replanted
acre or part thereof.
(3) Where the damaged acreage is replanted to burley tobacco,
the contract of insurance shall continue to apply to such replanted
acreage.
(4) The total number of acres in respect of which a replanting
benefit is paid in a crop year shall not in any case exceed the total
number of insured acres.
(5) Where the damaged acreage is used for any other purpose or
the insured crop is abandoned or destroyed in accordance with clause
(1) (b), the amount of loss that shall be taken into account in the
final adjustment of loss in respect of the total planted acreage shall
be calculated by multiplying the difference between the guaranteed
production and the potential production for the damaged acreage by
the established price per pound.
(6) Where the damaged acreage is not used for any other pur-
poses or the crop is not abandoned or destroyed after the Commis-
sion has consented thereto, the amount of loss calculated under sub-
paragraph (5) shall not be taken into account in the final adjustment
of loss.
(7) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per pound.
Final Adjustment of Loss for Total Planted Acreage
3. The indemnity payable with respect to the total planted acreage
in the final adjustment of loss shall be the sum of all loss calculations
applicable to such acreage, but where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable shall be reduced by the amount obtained by multi-
plying such excess by the established price per pound.
Variation in Planted Acreage
4. Where the actual planted acreage of the insured crop is less than
the acreage stated in the application, the insured person shall, not
later than the 1st day of August, notify the Commission in writing
and the total guaranteed production and the maximum amount of
indemnity shall be reduced proportionately.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at .
this day of ,
19..
Duly Authorized
Representative
General Manager
R.R.O. 1980,
491/87, s. 2.
Reg. 201, Form 1; O. Reg. 463/84, s. 4; O. Reg.
REGULATION 220
CROP INSURANCE PLAN FOR CARROTS
1. The plan in the Schedule is established for the insurance within
Ontario of carrots. O. Reg. 217/82, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Carrots".
2. The purpose of this plan is to provide for insurance against a
loss in the production of carrots resulting from one or more of the
perils designated in section 4.
41
Reg./Règl. 220
CROP INSURANCE
Reg./Règl. 220
Definitions
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"bushel" means 50 pounds; and
"carrots" means carrots grown in Ontario,
(a) for processing under a contract between a grower and a
processor, and
(b) on acreage or for tonnage specified in such contract, or
(c) for sale on the fresh market.
Designation of Perils
4.— (1) Subject to subsection (2), the following are designated as
perils for the purposes of this plan:
1. Drought.
2. Excessive rainfall.
3. Flood.
4. Frost.
5. Hail.
6. Insect infestation.
7. Plant disease.
8. Wildlife.
9. Wind.
(2) This contract does not insure against a loss in the production
of carrots in a crop year resulting from insect infestation or plant dis-
ease unless the insured person establishes that a recommended con-
trol program was followed during the crop year.
5. The crop year for carrots is the period from the 1st day of March
in any year to the 31st day of October next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for carrots shall be deemed to be composed of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) the application for insurance;
(c) an endorsement for carrots in Form 1;
(d) the final acreage report for each crop year; and
(e) any amendment to a document referred to in clause (a),
(b), (c) or (d) agreed upon in writing.
7. — (1) An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of at least $100; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which it is made.
(2) Premium deposits prescribed by clause (1) (b) shall not be
refundable unless no acreage is planted to carrots.
Duration of Contract
8. — (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to be effective.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted ^Actual _ 2 FActual _ /Average ^ j 3 "\"|
Yield Yield 3 L Yield \ Yield ' /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual ^
Yield Yield 3 1
r /Average ^ q ^\_ Actual "I
L\ Yield ■ / Yield J
10.— (1) Subject to subsections (2), (3) and (4), the coverage pro-
vided under a contract of insurance shall be 70 per cent of the aver-
age farm yield in bushels of the total acreage seeded to carrots by the
insured person in accordance with the regulations.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1. Following the first no claim year, to 73 per cent of the aver-
age farm yield.
2. Following the second no claim year, to 76 per cent of the
average farm yield.
3. Following the third no claim year, to 78 per cent of the
average farm yield.
4. Following the fourth no claim year, to a maximum of 80 per
cent of the average farm yield.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years from the insured level in reverse progres-
sion to that prescribed by subsection (2), except that where a claim
occurs in a year where the coverage is 70 per cent, the coverage shall
be reduced to a minimum of 65 per cent.
(4) Where, in any year, a claim is paid in an amount less than
42
Reg./Règl. 220
ASSURANCE-RECOLTE
Reg./Règl. 220
one-half the total premium for that year, the coverage for the follow-
ing year shall remain unchanged.
(5) The number of bushels determined under subsections (1), (2)
and (3) constitutes the total guaranteed production under a contract
of insurance.
1 1 . For the purpose of this plan, the established price for carrots is,
(a) $1.60 per bushel; or
(b) $2 per bushel.
12. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance shall be the amount
obtained by multiplying the total guaranteed production determined
under section 10 by the established price per bushel prescribed in
section 11.
Premiums
13.— (1) Subject to subsection (2), the total premium is,
(a) $176 per acre where the established price is $1.60 per
bushel; or
(b) $220 per acre where the established price is $2 per bushel.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
14.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
seeds acreage to carrots.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit pre-
scribed by subsection (3), to the Commission at the time of filing the
final acreage report prescribed by section 15.
(3) Where a renewal premium is payable in respect of a crop
year, the insured person shall, not later than the 1st day of May in
the crop year, pay a premium deposit in accordance with clause
7 (1) (b).
FiNAJL Acreage Report
15.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the seeding of acreage to carrots is com-
plete.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
16.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and, in such
case, shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the Insured person notifies the Commission in
writing that the insured person rejects the revision within ten days
after the Commission notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed.
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
17.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) The Commission shall serve a copy of the final acreage
report, if one is prepared, on the insured person either by personal
delivery or by mailing it to the insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Final Date for Seeding
18. For the purposes of this plan, the final date for seeding in a
crop year is the 30th day of June or such other date as may be deter-
mined from time to time by the Commission. O. Reg. 217/82,
Sched; O. Reg. 271/83, ss. 1-3; O. Reg. 461/84, ss. 1-4; O. Reg.
293/85, ss. 1-5; O. Reg. 326/87, ss. 1, 2; O. Reg. 324/88, s. 1;
O. Reg. 300/89, s. 1; O. Reg. 469/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
CARROT ENDORSEMENT
Whereas the insured person has applied for crop insurance under
The Ontario Crop Insurance Plan for Carrots, hereinafter referred to
as "the plan", and has paid the deposit premium prescribed there-
under;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover carrots.
Harvesting of Planted Acreage
1. All acreage planted to carrots in a crop year shall be harvested
unless the Commission, upon application therefor in writing, con-
sents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
Evaluation of Loss
2.-(l) Where,
(a) all the acres intended to be planted to spring grown crops
are offered for insurance,
(i) where the spring grown crops intended to be planted
43
Reg./Règl. 220
CROP INSURANCE
Reg./Règl. 220
include onions, by the 1st day of April in the crop
year in the case, or
(ii) where the spring grown crops intended to be planted
do not include onions, by the date required by the
regulations in the case;
(b) the insured person so elects on the application for insurance
and pays the premium deposit required by the regulations
for each spring grown crop intended to be planted; and
(c) the planting,
(i) in the case of systematically tile drained land, of
three acres or more, or
(ii) in the case of land that is not systematically tile
drained, of six acres or more,
is prevented by one or more of the designated perils,
an indemnity shall be paid,
(d) in the case of systematically tile drained land, for each acre;
or
(e) in the case of land that is not systematically tile drained, for
each acre in excess of three,
that remains unplanted, the amount of which shall be equal to one-
third of the guaranteed production per acre of the crop highest in pri-
ority on the list in the Table of those intended to be planted and
insured by the insured person multiplied by the established price
applicable to that crop.
(2) This paragraph does not apply to, and no indemnity is pay-
able in respect of land,
(a) that is orchard land, pasture, woodland, seeded to a peren-
nial crop, fall sown or intended for summer fallow;
(b) that is untilled and was not cropped in the previous year; or
(c) that, in the opinion of the Commission, is not insurable.
(3) Where the planting is prevented by excessive rainfall, no
indemnity is payable unless the insured person establishes that,
(a) an abnormal amount of rain occurred;
(b) the rainfall resulted in a reduced number of work days; and
(c) a significant number of other insured persons were similarly
affected,
during the planting season in the area where the insured acreage is
situate.
3.— (1) Where loss or damage to one acre or more of carrots
resulting from an insured peril occurs prior to the final date for plant-
ing in the crop year, the Commission, upon application therefor in
writing by the insured person, may consent in writing to the replant-
ing of the damaged acreage.
(2) Where the damaged acreage is replanted to a spring grown
crop in accordance with subparagraph (1), the Commission shall pay
an indemnity equal to the cost of materials used in replanting to a
maximum of $300 for each acre replanted and the contract of insur-
ance shall continue to apply to such acreage.
(3) The total number of acres of carrots in respect of which a
replanting benefit is paid in a crop year shall not in any case exceed
the total number of insured acres planted to carrots.
4.— (1) Where loss or damage occurs prior to harvest, the Com-
mission, upon application therefor in writing by the insured person,
may consent in writing to the use of the damaged acreage for any
other purpose or to the abandonment or destruction of the insured
crop on such damaged acreage and in such case shall determine the
number of damaged acres and the potential production thereof.
(2) Where damaged acreage is used for any other purpose or the
insured crop thereon is abandoned or destroyed in accordance with
subparagraph (1), the amount of loss that shall be taken into account
in the final adjustment of loss in respect of the total planted acreage
shall be calculated by multiplying the difference between the guaran-
teed production for the damaged acreage and the potential produc-
tion for the damaged acreage determined under subparagraph (1) by
the established price per bushel.
(3) Where damaged acreage is not used for any other purpose or
the crop thereon is not abandoned or destroyed after the Commis-
sion has consented thereto, the amount of loss calculated under sub-
paragraph (2) shall not be taken into account in the final adjustment
of loss.
(4) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per bushel.
(5) Acreage harvested before the crop thereon is mature shall be
deemed to have yielded at least the guaranteed production unless the
crop has been appraised by the Commission as provided in Form 1 of
Regulation 256 of Revised Regulations of Ontario, 1990.
Notice of Loss or Damage
5. Where loss or damage to the insured crop occurs, the insured
person shall notify the Commission forthwith by telephone and shall
confirm in writing within twenty-four hours of such time.
Final Adjustment of Loss for Total Planted Acreage
6. — (1) The indemnity payable with respect to the total planted
acreage in the final adjustment of loss shall be the sum of the losses
calculated under paragraphs 2, 3 and 4 applicable to such acreage
but, subject to subparagraph (2), where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable shall be reduced by the amount obtained by multi-
plying such excess by the established price per bushel.
(2) Despite subparagraph (1), no indemnity paid under para-
graphs 2 and 3 shall be subject to reduction under this paragraph.
(3) In no case shall indemnity be paid for acreage in excess of the
total insured acreage.
Damage After Harvest
7. No indemnity shall be paid in respect of any loss or damage suf-
fered by the insured crop after combining and in no case shall any
indemnity be paid with respect to carrots in storage.
Incorrect Acreage in Final Acreage Report
8.— (1) Where the actual seeded acreage of carrots in a crop year is
less than the seeded acreage declared on the final acreage report, the
guaranteed production shall be decreased proportionately in calcu-
lating whether there has been a loss and the actual production shall
be used in calculating the average production for purposes of deter-
mining coverage for the following crop year and there shall be no
refund of premium.
Reg./Règl. 220
ASSURANCE-RECOLTE
Reg./Règl. 221
(2) Where the actual seeded acreage of carrots in a crop year
exceeds the seeded acreage declared on the final acreage report, the
actual production shall be used in calculating whether there has been
a loss and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced proportionately,
in calculating the average production for purposes of determining
coverage for the following crop year.
TABLE
Crops in Order of Priority
1 . Onions grown from seed
2. Onions grown from sets
3. Spanish onions
4. Carrots
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at
this day of
.,19..
Duly Authorized
Representative
General Manager
O. Reg. 217/82, Form 2; O. Reg. 271/83, s. 4; O. Reg. 461/84, s. 5;
O. Reg. 293/85, s. 7; O. Reg. 508/86, s. 1; O. Reg. 326/87, ss. 3, 4.
REGULATION 221
CROP INSURANCE PLAN FOR COLOURED BEANS
1. The plan in the Schedule is established for the insurance within
Ontario of coloured beans. R.R.0. 1980, Reg. 204, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1 . This plan may be cited as "The Ontario Crop Insurance Plan for
Coloured Beans".
2. The purpose of this plan is to provide for insurance against a
loss in the production of coloured beans resulting from one or more
of the perils designated in section 4.
Dehnitions
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"coloured beans" means beans grown from seeds packed and
marked pursuant to the Seeds Act (Canada) of the following varie-
ties,
(a) Azuki,
(b) Black Turtle Soup,
(c) Cranberry,
(d) Kidney,
(e) Pinto,
(0 Yellow-eye,
(g) Dutch Brown,
(h) Great White Northern,
and such other varieties as may be declared insurable from time to
time by the Commission;
"hundredweight" means 100 pounds of coloured beans, the moisture
content of which is not more than 18 per cent and the damage or
foreign material content of which is not more than 2 per cent.
Designation of Perils
4. The following are designated perils for the purposes of this plan:
1 . Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
Designation of Crop Year
5. The crop year for coloured beans is the period from the 1st day
of March in any year to the last day of February next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for coloured beans shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) an endorsement for coloured beans in Form 1;
(c) the application for insurance;
(d) the final acreage report for each crop year; and
(e) any amendment to a document referred to in clause (a),
(b), (c) or (d) agreed upon in writing.
45
Reg./Règl. 221
CROP INSURANCE
Reg./Règl. 221
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of $1 per acre; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year.
Duration OF Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to be effective.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual
Yield Yield
2 r Actual _ /Average v i i \"|
3 L Yield \ Yield ' /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual , 2 F /Average ^ f. ^'\_ Actual "I
Yield Yield sLv Yield " / Yield J
10.— (1) Subject to subsections (4) and (5), the initial coverage
provided under a contract of insurance shall be 75 per cent of the
average farm yield in pounds of the total acreage planted to coloured
beans by the insured person.
(2) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was no
claim shall be,
(a) where the previous year's coverage was 70 per cent, 73 per
cent;
(b) where the previous year's coverage was 73 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 78 per
cent;
(d) where the previous year's coverage was 78 per cent, 80 per
cent; and
(e) where the previous year's coverage was 80 per cent, 80 per
cent,
of the average farm yield in pounds of the total acreage planted to
coloured beans by the insured person.
(3) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was a
claim shall be,
(a) where the previous year's coverage was 80 per cent, 78 per
cent;
(b) where the previous year's coverage was 78 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent; and
(e) where the previous year's coverage was 70 per cent, 70 per
cent,
of the average farm yield in pounds of the total acreage planted to
coloured beans by the insured person.
(4) Where, in any year, a claim is paid in an amount that is less
than one-half of the total premium for that year, the coverage for the
following year shall remain unchanged.
(5) Despite clause (3) (a), the coverage provided under a con-
tract of insurance following a year in which there was a claim shall be
80 per cent where,
(a) the insured person has had coverage and an actual farm
yield for at least five years; and
(b) the previous year's coverage was 80 per cent.
11. For the purposes of this plan, the established price per hun-
dredweight for coloured beans is,
(a) $14;
(b) $17; or
(c) $20.
12. -(1) Where,
(a) the insured person applies therefor in writing on or before
the 1st day of May in a crop year; and
(b) the Commission consents in writing,
any established price designated in section 11 may be substituted for
the established price selected by the insured person at the time a con-
tract of insurance is made, or any established price substituted in lieu
thereof under this section.
(2) Where, upon any renewal, the insured person fails to select
an established price under subsection (1), the Commission may des-
ignate the established price applicable to the contract for the crop
year.
13. The maximum indemnity payable for a loss in production of
coloured beans in a crop year is the amount obtained by multiplying
the total guaranteed production determined under section 10 by the
established price per hundredweight determined under section 11.
Premium
14.— (1) The total premium is,
(a) $23 per acre where the established price is $14 per hundred-
weight;
(b) $28 per acre where the established price is $17 per hundred-
weight; or
(c) $32.80 per acre where the established price is $20 per hun-
dredweight.
Reg./Règl. 221
ASSURANCE-RECOLTE
Reg./Règl. 221
(2) Despite subsection (1), the total premium is 80 per cent of the
total premium set out in subsection (1) if,
(a) the coverage is 80 per cent and the insured person has had
coverage and an actual farm yield for at least five years; and
(b) based on Commission records, total premiums paid by the
insured person for coloured beans exceed any indemnity
paid.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
15.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
plants acreage to coloured beans.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, if
any, to the Commission at the time of filing the final acreage report
prescribed by section 16.
Final Acreage Report
16.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the planting of acreage to coloured
beans is completed.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
17.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and, in such
case, shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the insured person notifies the Commission in
writing that the insured person rejects the revision within ten days
after the Commission notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed and shall refund
any premium or premium deposit paid in respect of that crop year.
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
18.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) Where the Commission prepares a final acreage report under
subsection (1), the Commission shall serve a copy of the report on
the insured person either by personal delivery or by mailing it to the
insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Final Planting Date
19. For the purposes of this plan, the final date for planting col-
oured beans in a crop year is the 1st day of July or such other date as
may be determined from time to time by the Commission.
20. All acreage planted to coloured beans shall be insured under
one contract. R.R.O. 1980, Reg. 204, Sched.; O. Reg. 304/81, s. 1;
O. Reg. 92/82, ss. 1-4; O. Reg. 215/82, s. 1; O. Reg. 44/83, ss. 1, 2;
O. Reg. 141/84, ss. 1-3; O. Reg. 288/85, ss. 1-5; O. Reg. 320/87,
ss. 1-3; O. Reg. 223/88, s. 1; O. Reg. 303/89, s. 1; O. Reg. 475/90,
s. 1.
Form 1
Crop Insurance Act (Ontario)
COLOURED BEAN ENDORSEMENT
Whereas the insured person has applied for crop insurance for
coloured beans under The Ontario Crop Insurance Plan for Col-
oured Beans, hereinafter referred to as "the plan", and has paid the
deposit premium prescribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover coloured beans.
Harvesting of Planted Acreage
1.— (1) All acreage planted to coloured beans in a crop year shall
be harvested as coloured beans unless the Commission, upon appli-
cation therefor in writing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) Where in a crop year any planted acreage is harvested after
the 31st day of October, the guaranteed production for the unhar-
vested acreage shall be reduced by 2 percentage points per day until
such acreage is harvested to a maximum of 50 per cent.
(3) Where the harvesting of any planted acreage is not completed
and the failure to harvest was not caused by an insured peril, the con-
tract of insurance shall cease to apply to such unharvested acreage
and no indemnify shall be payable therefor.
Evaluation of Loss
2.— (1) An indemnify shall be paid for the acreage set out in sub-
paragraph (2) in the amount set out in subparagraph (3), where,
(a) all of the acres planted to the crops listed in the Table are
offered for insurance;
(b) the insured person elects the indemnify on the application
for insurance;
(c) the insured person pays a premium deposit of $1 for each
acre intended to be planted to the crops listed in the Table;
(d) one or more of the designated perils prevents the planting,
(i) of three acres or more, in the case of systematically
tile drained land, or
.47
Reg./Règl. 221
CROP INSURANCE
Reg./Règl. 221
(ii) of six acres or more, in the case of land that is not
systematically tile drained; and
(e) the insured person notifies the Commission of the person's
inability to plant the acres to the crops listed in the Table by
the 15th day of June in the crop year.
(2) The indemnity shall be paid,
(a) for each unplanted acre in the case of systematically tile
drained land; or
(b) for each unplanted acre in excess of three unplanted acres,
in the case of land that is not systematically tile drained.
(3) The amount of the indemnity shall be one-third of the guaran-
teed production per acre of the crop with the highest priority, in the
Table, of the crops intended to be planted and insured by the insured
person multiplied by the established price for that crop.
(4) No indemnity shall be payable under this paragraph for land
for which the same indemnity was paid by the Commission in the
immediately preceding year.
(5) Where the insured person plants a crop in respect of which
crop production insurance was applied for, the premium deposit for
the acreage so planted shall be applied against the regular premium.
(6) Where the insured person plants a crop which is not listed in
the Table, the premium deposit in respect of such acreage shall be
refunded.
(7) Where the insured person is unable to plant acreage desig-
nated on the application as intended to be sown to a spring sown
crop, the premium deposit in respect of such acreage shall be
retained by the Commission as payment for the coverage provided.
(8) This paragraph does not apply to, and no indemnity is pay-
able in respect of any land,
(a) that is orchard land, pasture, woodland, planted to a peren-
nial crop, fall sown or intended for summer fallow; or
(b) that is unfilled and was not cropped in the previous year; or
(c) that, in the opinion of the Commission, is not insurable.
(9) Where the planting is prevented by excessive rainfall, no
indemnity is payable unless the insured person establishes that,
(a) an abnormal amount of rain occurred;
(b) the rainfall resulted in a reduced number of work days; and
(c) a significant number of other insured persons were similarly
affected,
during the planting season in the area where the insured acreage is
situate.
3.— (1) Where loss or damage to three acres or more of the insured
crop resulting from an insured peril occurs prior to the 1st day of July
in the crop year, the Commission, upon application therefor in writ-
ing by the insured person, may consent in writing to the replanting of
the damaged acreage.
(2) Where the damaged acreage is replanted in accordance with
subparagraph (1), the Commission shall pay a supplementary benefit
to the insured person calculated at the rate of $50 for each replanted
acre.
(3) Where the damaged acreage is replanted to coloured beans,
the contract of insurance shall continue to apply to such replanted
acreage.
(4) The total number of acres in respect of which a replanting
benefit is paid in a crop year shall not in any case exceed the total
number of insured acres.
4.— (1) Where loss or damage occurs prior to harvest, the Com-
mission, upon application therefor in writing by the insured person,
may consent in writing to the use of the damaged acreage for any
other purpose or to the abandonment or destruction of the insured
crop on such damaged acreage and, in such case, the Commission
shall determine the number of damaged acres and the potential pro-
duction thereof.
(2) Where the damaged acreage is used for any other purpose or
the insured crop thereon is abandoned or destroyed in accordance
with subparagraph (1), the amount of loss that shall be taken into
account in the final adjustment of loss in respect of the total planted
acreage shall be calculated by multiplying the difference between the
guaranteed production for the damaged acreage and the potential
production for the damaged acreage determined under subparagraph
(1) by the established price per hundredweight.
(3) Where damaged acreage is not used for any other purpose or
the crop thereon is not abandoned or destroyed after the Commis-
sion has consented thereto, the amount of loss calculated under sub-
paragraph (2) shall not be taken into account in the final adjustment
of loss.
(4) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per hundredweight.
(5) Where the crop contains damaged or foreign material, the
actual production thereof shall be deemed to be reduced in an
amount to be determined by the Commission.
Final Adjustment of Loss for Total Insured Acreage
5. The indemnity payable with respect to the total insured acreage
in the final adjustment of loss shall be the sum of all loss calculations
made under paragraphs 2, 3 and 4 applicable to such acreage, but
where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable in respect of loss calculations made under para-
graph 4 shall be reduced by the amount obtained by muhiplying such
excess by the established price per hundredweight.
Incorrect Acreage in Final Acreage Report
6.— (1) Where the actual planted acreage of coloured beans in a
crop year is less than the planted acreage declared on the final acre-
age report, the guaranteed production shall be decreased proportion-
ately in calculating whether there has been a loss and the actual pro-
duction shall be used in calculating the average production for
purposes of determining coverage for the following crop year, and
there shall be no refund of premium.
(2) Where the actual planted acreage of coloured beans in a crop
year exceeds the planted acreage declared on the final acreage
report, the actual production shall be used in calculating whether
there has been a loss and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced proportionately.
48
Reg./Règl. 221
ASSURANCE-RÉCOLTE
Reg./Règl. 222
in calculating the average production for purposes of determining
coverage for the following crop year.
TABLE
Spring Sown Crops in Order of Priority
L
Com
2.
Soybeans
3.
White Beans
4.
Coloured Beans
5.
Spring Grain
6.
Canola
7.
Sunflowers
8.
Red Spring Wheat
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at
this day of ,
., 19.,
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 204, Form 1; O. Reg. 304/81, ss. 2, 3; O. Reg.
92/82, s. 5; O. Reg. 288/85, ss. 6, 7; O. Reg. 320/87, ss. 4-6; O. Reg
223/88, s. 2; O. Reg. 303/89, s. 2, 3.
REGULATION 222
CROP INSURANCE PLAN FOR CORN
1. The plan in the Schedule is established for the insurance within
Ontario of corn. R.R.O. 1980, Reg. 205, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Com".
2. The purpose of this plan is to provide for insurance against a
loss in the production of com resulting from one or more of the perils
designated in section 4.
Definitions
3. In this plan.
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"bushel" means 56 pounds of shelled corn, the kernel moisture con-
tent of which does not exceed 15.5 per cent;
"com" means com for the purpose of harvesting as com silage or
grain com, but does not include sweet corn or pop com;
"com silage" means silage produced from whole corn plants;
"grain corn" means shelled com or ear corn.
Designation of Perils
4. The following are designated as perils for the purposes of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
Designation of Crop Year
5. The crop year for com is the period from the 1st day of March in
any year to the 30th day of June in the calendar year next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for corn shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) an endorsement for com in Form 2;
(c) an extended coverage endorsement in Form 1, if the
insured person applied for extended coverage;
(d) the application for insurance;
(e) the final acreage report for each crop year; and
(f) an amendment to any document referred to in clause (a),
(b), (c), (d) or (e) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of $1 per acre; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which it is made.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
49
Reg./Règl. 222
CROP INSURANCE
Reg./Règl. 222
son or the Commission by notice in writing to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to be effective.
Coverage
(e) where the previous year's coverage was 70 per cent, 70 per
cent,
of the average farm yield in bushels of the total acreage planted to
corn by the insured person.
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis,
(a) calculate for each year in the ten-year period a factored
yield by applying to the actual yield the factor designated
for that year in the Table to this Schedule; and
(b) compare the factored yield in each year with the average of
the factored yields and,
(i) if the factored yield in a year exceeds the insured
person's ten year average by more than 30 per cent,
shall adjust the factored yield according to the for-
mula,
Adjusted_Factored_2rFactored_ /Average , 'x\~\
Yield Yield ï\_ Yield \ Yield ' /J
(ii) if the factored yield in a year falls short of the
insured person's ten year average by more than 30
per cent, shall adjust the factored yield according to
the formula.
Adjusted _ Factored , 2 F/ Average
Yield Yield 3L\ Yield
f, ^"\_ Factored "|
/ Yield J
(4) Where, in any year, a claim is paid in an amount that is less
than one-half of the total premium for that year, the coverage for the
following year shall remain unchanged.
(5) Despite clause (3) (a), the coverage provided under a con-
tract of insurance following a year in which there was a claim shall be
80 per cent where,
(a) the insured person has had coverage and an actual farm
yield for at least five years; and
(b) the previous year's coverage was 80 per cent.
11. The maximum indemnity payable for a loss in production of
corn is the amount obtained by multiplying the product of the guar-
anteed production per acre determined under section 10 and the
number of acres intended for harvesting as grain corn or corn silage
by the established price determined under section 12.
12.— (1) For the purposes of this plan, the established price for
grain corn is,
(a) $2.20 per bushel;
(b) $2.65 per bushel; or
10.— (1) Subject to subsections (4) and (5), the initial coverage
provided under a contract of insurance shall be 75 per cent of the
average farm yield in bushels of the total acreage planted to corn by
the insured person.
(2) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was no
claim shall be,
(a) where the previous year's coverage was 70 per cent, 73 per
cent;
(b) where the previous year's coverage was 73 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 78 per
cent;
(d) where the previous year's coverage was 78 per cent, 80 per
cent; and
(e) where the previous year's coverage was 80 per cent, 80 per
cent,
of the average farm yield in bushels of the total acreage planted to
com by the insured person.
(3) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was a
claim shall be,
(a) where the previous year's coverage was 80 per cent, 78 per
cent;
(b) where the previous year's coverage was 78 per cent, 75 per
cent;
(c) the floating price per bushel determined under subsection
(2).
(2) The floating price per bushel is the greater of,
(a) $2.425 per bushel; and
(b) the average calculated by the Commission of the daily
prices per bushel of grain corn at Hensall, Ontario as deter-
mined by the Farm Market News for the period from the
21st day of October to the 11th day of November in a crop
year, minus $0.27 per bushel.
(3) Where,
(a) the insured person applies therefor in writing on or before
the 1st day of May in a crop year; and
(b) the Commission consents in writing,
any established price designated herein may be substituted for the
established price selected by the insured person at the time a contract
of insurance is made, or any established price substituted in lieu
thereof under this section.
(4) Where, upon any renewal, the insured person fails to select
an established price pursuant to subsection (3), the Commission may
designate the established price applicable to the contract for the crop
year.
Premiums
13.— (1) The total premium is,
(a) $9.60 per acre where the established price is $2.20 per
bushel;
(c) where the previous year's coverage was 75 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent; and
(b) $11.60 per acre where the established price is $2.65 per
bushel; or
(c) $12.80 per acre where the established price is the floating
price per bushel.
50
Reg./Règl. 222
ASSURANCE-RECOLTE
Reg./Règl. 222
(2) Despite subsection ( 1 ), the total premium is 80 per cent of the
total premium prescribed by subsection (1) if,
(a) the coverage is 80 per cent and the insured person has had
coverage and an actual farm yield for at least five years; and
(b) based on Commission records, total premiums paid by the
insured person for com exceed indemnity paid.
(3) The premium prescribed by subsection (I) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Cmp Insurance Act (Canada).
14. — (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
plants acreage to corn.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, if
any, to the Commission at the time of filing the final acreage report
prescribed by section 15.
Final Acreage Reports
15.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after planting is completed or within such
other time as may be determined by the Commission.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
16.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and, in such
case, shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the insured person notifies the Commission in
writing that the person rejects the revision within ten days after the
Commission notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed and shall refund
any premium or premium deposit paid in respect of that crop year.
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
17.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) The Commission shall serve a copy of the final acreage
report, if one is prepared, on the insured person either by personal
delivery or by mailing it to the insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Final Planting Date
18. For the purposes of this plan the final date for planting corn in
a crop year is the 1st day of July or such other date as may be deter-
mined from time to time by the Commission. R.R.O. 1980, Reg.
205, Sched.; O. Reg. 310/81, ss. 1-3; O. Reg. 89/82, s. 1; O. Reg.
45/83, ss. 1-3; O. Reg. 147/84, ss. 1-3; O. Reg. 298/85, ss. 1, 2;
O. Reg. 319/87, ss. 1-3; O. Reg. 276/88, s. 1; O. Reg. 297/89, s. 1;
O. Reg. 474/90, s. \, revised.
TABLE
Age of Yield
Factor
10
1.14630
9
1.12978
8
1.11368
7
1.09807
6
1.08292
5
1.00000
4
1.00000
3
1.00000
2
1.00000
1
1.00000
O. Reg. 474/90, s. 2, part.
Form 1
Crop Insurance Act (Ontario)
EXTENDED COVERAGE ENDORSEMENT
1.— (1) This endorsement is in force where the insured person
applies for it and pays the prescribed premium.
(2) The coverage is in force and indemnity and premiums payable
under this endorsement are in addition to any prescribed by the plan.
(3) The terms and conditions of the Schedule and Form 2 shall
apply to this endorsement unless they are inconsistent with it or are
specifically excluded under it.
2. An application for extended coverage shall be made by the 1st
day of May in the crop year in respect of which it is made.
Coverage
3. The insured person may purchase an extra 5 or 10 per cent cov-
erage in addition to the coverage determined under section 10 of the
Schedule.
4. The maximum indemnity for which the Commission is liable
under a contract of insurance under the Plan and insurance provided
by this endorsement is the amount obtained by adding an additional
5 or 10 per cent to the coverage determined under section 10 of the
Schedule and multiplying this sum by the established price deter-
mined under section 12 of the Schedule.
Premiums
5.— (1) The additional premium payable in the crop year for 5 per
cent extra coverage is,
(a) $2.80 per acre where the established price is $2.20 per
bushel;
(b) $3.20 per acre where the established price is $2.65 per
bushel;
(c) $3.60 per acre where the established price is the floating
price per bushel.
51
Reg./Règl. 222
CROP INSURANCE
Reg./Règl. 222
(2) The additional premium payable in the crop year for 10 per
cent extra coverage is,
(a) $7.20 per acre where the estabhshed price is $2.20 per
bushel;
(b) $8.60 per acre where the established price is $2.65 per
bushel;
(c) $9.40 per acre where the established price is the floating
price per bushel.
(3) The premiums prescribed by subsections (1) and (2) include
payments in respect of premiums made by the Province of Ontario
and the Government of Canada under the Crop Insurance Act
(Canada).
(4) Subsection 13 (2) of the Schedule shall not apply to this
endorsement.
(5) An insured person shall pay a premium deposit of $1.00 per
acre at the time of application for extended coverage.
(6) The minimum premium deposit payable by an insured person
in the crop year under this endorsement is $25.00. O. Reg. 474/90,
s. 3.
Form 2
Crop Insurance Act (Ontario)
CORN ENDORSEMENT
Whereas the insured person has applied for crop insurance for
corn under The Ontario Crop Insurance Plan for Corn, hereinafter
referred to as "the plan", and has paid the deposit premium pre-
scribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover corn.
Harvesting of Pi.anted Acreage
1.— (1) All acreage planted to corn shall be harvested as corn
silage or grain corn unless the Commission, upon application there-
for in writing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose;
(b) the abandonment or destruction of the insured crop or any
part thereof; or
(c) the harvest of any insured acreage prior to the 5th day of
September in any crop year.
(2) Where the harvesting of any planted acreage is not completed
and the failure to harvest was not caused by an insured peril, the con-
tract of insurance shall cease to apply to such unharvested acreage
and no indemnity shall be payable therefor.
Evaluation of Loss
2.— (1) An indemnity shall be paid for the acreage set out in sub-
paragraph (2) in the amount set out in subparagraph (3), where,
(a) all of the acres planted to the crops listed in the Table to
this paragraph are offered for insurance;
(b) the insured person elects the indemnity on the application
for insurance;
(c) the insured person pays a premium deposit of $1 for each
acre intended to be planted to the crops listed in the Table;
(d) one or more of the designated perils prevents the planting,
(i) of three acres or more, in the case of systematically
tile drained land, or
(ii) of six acres or more, in the case of land that is not
systematically tile drained; and
(e) the insured person notifies the Commission of the person's
inability to plant the acres to the crops listed in the Table by
the 15th day of June in the crop year.
(2) The indemnity shall be paid,
(a) for each unplanted acre in the case of systematically tile
drained land; or
(b) for each unplanted acre in excess of three unplanted acres,
in the case of land that is not systematically tile drained.
(3) The amount of the indemnity shall be one-third of the guaran-
teed production per acre of the crop with the highest priority, in the
Table, of the crops intended to be planted and insured by the insured
person multiplied by the established price for that crop.
(4) Where the insured person has elected the floating price as the
established price, the established price prescribed by clause
12 (1) (b) of the Schedule shall be used in lieu of the floating price
for the purposes of the calculation in subparagraph (3).
(5) No indemnity shall be payable under this paragraph for land
for which the same indemnity was paid by the Commission in the
immediately preceding year.
(6) Where the insured person plants a crop in respect of which
crop production insurance was applied for, the premium deposit for
the acreage so planted shall be applied against the regular premium.
(7) Where the insured person plants a crop which is not listed in
the Table, the premium deposit in respect of such acreage shall be
refunded.
(8) Where the insured person is unable to plant acreage desig-
nated on the application as intended to be sown to a spring sown
crop, the premium deposit in respect of such acreage shall be
retained by the Commission as payment for the coverage provided.
(9) This paragraph does not apply to, and no indemnity is pay-
able in respect of land,
(a) that is orchard land, pasture, woodland, planted to a peren-
nial crop, fall sown or intended for summer fallow;
(b) that is unfilled and was not cropped in the previous year; or
(c) that, in the opinion of the Commission, is not insurable.
(10) Where the planting is prevented by excessive rainfall, no
indemnity is payable unless the insured person establishes that,
(a) an abnormal amount of rain occurred;
(b) the rainfall resulted in a reduced number of work days; and
(c) a significant number of other insured persons were similarly
affected, during the planting season in the area where the
insured acreage is situate.
52
Reg./Règl. 222
ASSURANCE-RÉCOLTE
Reg./Règl. 223
TABLE
Spring Sown Crops in Order of Priority
L
Corn
2.
Soybeans
3.
White Beans
4.
Coloured Beans
5.
Spring Grain
6.
Canola
7.
Sunflowers
8.
Red spring wheat
3. — ( 1 ) Where loss or damage to three acres or more of the insured
crop resulting from an insured peril occurs prior to the 1st day of July
in the crop year, the Commission, upon application therefor in writ-
ing by the insured person, may consent in writing to the replanting of
the damaged acreage.
(2) Where the damaged acreage is replanted in accordance with
subparagraph (1), the Commission shall pay a supplementary benefit
to the insured person calculated at the rate of $30 for each replanted
acre.
(3) Where the damaged acreage is replanted to corn, the contract
of insurance shall continue to apply to such replanted acreage.
(4) The total number of acres in respect of which a replanting
benefit is paid in a crop year shall not in any case exceed the total
number of insured acres.
4.— (1) Where loss or damage occurs prior to harvest, the Com-
mission, upon application therefor in writing by the insured person,
may consent in writing to the use of the damaged acreage for any
other purpose or to the abandonment or destruction of the insured
crop on such damaged acreage and, in such case, the Commission
shall determine the number of damaged acres and the potential pro-
duction thereof.
(2) Where damaged acreage is used for any other purpose or the
insured crop thereon is abandoned or destroyed in accordance with
subparagraph (1), the amount of loss that shall be taken into account
in the final adjustment of loss in respect of the total planted acreage
shall be calculated by multiplying the difference between the guaran-
teed production for the damaged acreage and the potential produc-
tion for the damaged acreage determined under subparagraph (1) by
the established price.
(3) Where damaged acreage is not used for any other purpose or
the crop thereon is not abandoned or destroyed after the Commis-
sion has consented thereto, the amount of loss calculated under sub-
paragraph (2) shall not be taken into account in the final adjustment
of loss.
(4) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price.
Final Adjustment of Loss for Total Insured Acreage
5. The indemnity payable with respect to the total insured acreage
in the final adjustment of loss shall be the sum of all loss calculations
made under paragraphs 2, 3 and 4 applicable to such acreage, but
where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable in respect of loss calculations made under para-
graph 4 shall be reduced by the amount obtained by multiplying such
excess by the established price.
Incorrect Acreage in Final Acreage Report
6.— (1) Where the actual planted acreage of com in a crop year is
less than the planted acreage declared on the final acreage report,
the guaranteed production shall be decreased proportionately in cal-
culating whether there has been a loss and the actual production shall
be used in calculating the average production for purposes of deter-
mining coverage for the following crop year, and there shall be no
refund of premium.
(2) Where the actual planted acreage of corn in a crop year
exceeds the planted acreage declared on the final acreage report, the
actual production shall be used in calculating whether there has been
a loss and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced proportionately,
in calculating the average production for purposes of determining
coverage for the following crop year.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at ....
this day of.
,19.,
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 205, Form 2; O. Reg. 310/81, ss. 4, 6; O. Reg.
89/82, s. 2; O. Reg. 45/83, s. 4; O. Reg. 298/85, ss. 3, 5; O. Reg.
319/87, ss. 4-6; O. Reg. 276/88, s. 2; O. Reg. 297/89, ss. 2, 3;
O. Reg. 474/90, s. 2,part, revised.
REGULATION 223
CROP INSURANCE PLAN FOR CUCUMBERS
1. The plan in the Schedule is established for the insurance within
Ontario of cucumbers. O. Reg. 462/84, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Cucumbers".
2. The purpose of this plan is to provide for insurance against a
loss in the production of cucumbers resulting from one or more of
the perils designated in section 4.
Definitions
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
S3
Reg./Règl. 223
CROP INSURANCE
Reg./Règl. 223
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"processor" means a person who is licensed as a processor of vegeta-
bles under the Farm Products Marketing Act and the regulations
made thereunder;
"cucumbers" means cucumbers produced in Ontario,
(a) for processing under a contract between a grower and a
processor, and
(b) on acreage specified in such contract;
"ton" means 2,000 pounds.
Designation of Perils
4.— (1) Subject to subsection (2), the following are designated as
perils for the purposes of this plan:
1. Drought.
2. Excessive rainfall.
3. Flood.
4. Frost.
5. Hail.
6. Insect infestation.
7. Plant disease.
8. Wildlife.
9. Wind.
(2) The contract of insurance for cucumbers does not insure
against a loss in the production of cucumbers in a crop year resulting
from insect infestation or plant disease unless the insured person
establishes that the insured person followed a recommended control
program during the crop year.
Designation of Crop Year
5. The crop year for cucumbers is the period from the 1st day of
March in any year to the 15th day of October next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for cucumbers shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) the application for insurance;
(c) an endorsement for cucumbers in Form 1;
(d) the final acreage report for each crop year; and
(e) any amendment to a document referred to in clause (a),
(b), (c) or (d) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of at least $100; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year, or such other date as may be deter-
mined by the Commission.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to be effective.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual
Yield
Yield
2 r Actual _ /Average v i ■» \"|
3 L Yield \ Yield ' /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual 2 F/Average ^ q ^'\_ Actual "I
Yield Yield 3 L\ Yield ' / Yield J
10.— (1) Subject to subsections (4) and (5), the initial coverage
provided under a contract of insurance shall be 70 per cent of the
average farm yield in tons of the total producing acres of cucumbers
grown by the insured person in accordance with the regulations.
(2) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was no
claim shall be,
(a) where the previous year's coverage was 65 per cent, 70 per
cent;
(b) where the previous year's coverage was 70 per cent, 73 per
cent;
(c) where the previous year's coverage was 73 per cent, 76 per
cent;
(d) where the previous year's coverage was 76 per cent, 78 per
cent;
(e) where the previous year's coverage was 78 per cent, 80 per
cent; and
(f) where the previous year's coverage was 80 per cent, 80 per
cent,
of the average farm yield in tons of the total producing acres of
cucumbers grown by the insured person in accordance with the regu-
lations.
(3) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was a
claim shall be,
(a) where the previous year's coverage was 80 per cent, 78 per
cent;
54
Reg./Règl. 223
ASSURANCE-RECOLTE
Reg./Règl. 223
(b) where the previous year's coverage was 78 per cent, 76 per
cent;
(c) where the previous year's coverage was 76 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent;
(e) where the previous year's coverage was 70 per cent, 65 per
cent; and
(f) where the previous year's coverage was 65 per cent, 65 per
cent,
of the average farm yield in tons of the total producing acres of
cucumbers grown by the insured person in accordance with the regu-
lations.
(4) Where, in any year, a claim is paid in an amount that is equal
to or less than the total premium for that year, the coverage for the
following year shall remain unchanged.
(5) The total guaranteed production under a contract of insur-
ance shall be the lesser of,
(a) the number of tons determined under subsections (1), (2)
and (3); or
(b) the contracted tonnage.
(6) Where, in the opinion of the Commission, the insured person
cannot provide adequate production records, the average yield shall
be determined by the Commission on such other basis as it may
approve.
11. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance shall be the amount
obtained by multiplying the total guaranteed production determined
under section 10 by the established price per ton determined under
section 12.
12. For the purposes of this plan the established price per ton for
cucumbers in a crop year shall be 50 per cent of the minimum price
per ton for grade three cucumbers negotiated in the grower-proces-
sor marketing agreement.
Premiums
13.— (1) The total premium is $52 per acre.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
14.— (1) Where a contract of insurance is in force, the premium
shall be paid in respect of each crop year in which the insured person
produces cucumbers.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit pre-
scribed by subsection (3), to the Commission at the time the insured
person files the final acreage report prescribed by section 15.
(3) Where a renewal premium is payable in respect of a crop
year, the insured person shall, not later than the 1st day of May in
the crop year, pay a premium deposit in accordance with clause
7(b).
Final Acreage Report
15.— (1) Evety insured person shall file with the Conunission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the seeding of acreage to cucumbers is
complete.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
16.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and, in such
case, shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the insured person notifies the Commission in
writing that the insured person rejects the revision within ten days
after the Commission notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed.
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
17.— (1) Where an insured [lerson in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) The Commission shall serve a copy of the final acreage
report, if one is prepared, on the insured person either by personal
delivery or by mailing it to the insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Final Date for Planting
18. For the purposes of this plan, the final date for planting cucum-
bers in a crop year is the 1st day of July or such other date as may be
determined from time to time by the Commission.
Final Date for Harvesting
19. For the purposes of this plan, the final date for harvesting
cucumbers in a crop year is the 30th day of September or such other
date as may be determined from time to time by the Commission.
O. Reg. 462/84, Sched.; O. Reg. 294/85, ss. 1, 2; O. Reg. 291/86,
ss. 1, 2; O. Reg. 323/87, s. 1; O. Reg. 226/88, s. 1; O. Reg. 466/90,
s. 1.
Form 1
Crop Insurance Act (Ontario)
CUCUMBER ENDORSEMENT
Whereas the insured person has applied for crop insurance for
cucumbers under The Ontario Crop Insurance Plan for Cucumbers,
55
Reg./Règl. 223
CROP INSURANCE
Reg./Règl. 224
hereinafter referred to as "the plan", and has paid the deposit pre-
mium prescribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover cucumbers.
Harvesting of Puwted Acreage
1. All acreage planted to cucumbers in a crop year shall be har-
vested unless the Commission, upon application therefor in writing,
consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
Evaluation of Loss
2.— (1) Where loss or damage occurs before the 1st day of July in a
crop year, the Commission, upon application therefor in writing by
the insured person, may consent in writing to,
(a) replanting of the damaged acreage; or
(b) the use of the damaged acreage for any other purpose or to
the abandonment or destruction of the insured crop on such
damaged acreage and, in such case, the Commission shall
determine the number of damaged acres and the potential
production thereof.
(2) Where the damaged acreage is replanted to the insured crop
in accordance with clause (1) (a), a benefit of $35 for each acre so
replanted shall be paid and the contract of insurance shall continue
to apply to such replanted acreage.
(3) Where the damaged acreage is used for any other purpose or
the insured crop is abandoned or destroyed in accordance with clause
(1) (b), a benefit of $35 for each acre so abandoned or destroyed
shall be paid and the contract of insurance shall cease to apply to
such acreage.
(4) Where the damaged acreage is not used for any other purpose
or the crop is not abandoned or destroyed after the Commission has
consented thereto, the amount of loss calculated under subparagraph
(3) shall not be taken into account in the final adjustment of loss.
(5) Where harvesting has been completed, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per ton.
Final Adjustment of Loss for Total Planted Acreage
3.— (1) The Commission may cause the actual production of the
insured crop to be appraised by any method that it considers proper.
(2) The indemnity payable with respect to the total insured acre-
age in the final adjustment of loss shall be the sum of all loss calcula-
tions made under paragraph 2 applicable to such acreage, but where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable in respect of loss calculations made under para-
graph 2 shall be reduced by the amount obtained by multiplying such
excess by the established price.
Incorrect Acreage in Final Acreage Report
4. — (1) Where the actual planted acreage of cucumbers in a crop
year is less than the planted acreage declared on the final acreage
report, the total guaranteed production and the amount of insurance
shall be reduced proportionately.
(2) Where the actual planted acreage of cucumbers in a crop year
exceeds the planted acreage declared on the final acreage report,
production from the total planted acreage shall be counted and there
shall be no increase in the total guaranteed production or the maxi-
mum amount of indemnity payable.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at
this day of .
.,19.,
Duly Authorized
Representative
General Manager
O. Reg. 462/84, Form 1; O. Reg. 294/85, s. 3.
REGULATION 224
CROP INSURANCE PLAN FOR
FLUE-CURED TOBACCO
1. The plan in the Schedule is established for the insurance within
Ontario of flue-cured tobacco. R.R.O. 1980, Reg. 206, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Flue-cured Tobacco".
2. The purpose of this plan is to provide for insurance against a
loss resulting from one or more of the perils designated in section 4.
Definitions
3. In this plan.
"allotted poundage" means the total number of pounds of tobacco
authorized by The Ontario Flue-cured Tobacco Growers' Market-
ing Board to be marketed for the crop year;
"average farm yield" means the average of previous yields of the
planted acreage computed on the basis of acreage production
records of the insured person or on such other basis as the Com-
mission approves;
"contract price" means the minimum average price per pound
agreed upon by the Ontario Flue-cured Tobacco Growers' Mar-
keting Board and the processors or such other price as may be
determined from time to time by the Commission;
"flue-cured tobacco" means tobacco grown in Ontario for marketing
under authorization of The Ontario Flue-cured Tobacco Growers'
Marketing Board;
"rental deadline" means the date in a crop year after which the
Ontario Flue-cured Tobacco Growers' Marketing Board will not
56
Reg./Règl. 224
ASSURANCE-RECOLTE
Reg./Règl. 224
grant an application to rent or transfer more than 20 per cent of a
producer's flue-cured tobacco marketing quota;
"rental value" means the average price that allotted poundage is
rented for as determined by the Commission;
"price guarantee" means the average price received for the total
crop marketed by The Ontario Flue-cured Tobacco Growers' Mar-
keting Board for the crop year less 5 per cent.
Designation of Perils
4. The following are designated as perils for the purposes of this
plan:
1. Drought.
2. Excessive rainfall.
3. Flood.
4. Frost.
5. Hail.
6. Insect infestation.
7. Plant disease.
8. Wind.
Designation of Crop Year
5. The crop year for flue-cured tobacco is the period from the 1st
day of March in any year to the 31st day of May in the calendar year
next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for flue-cured tobacco shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) an endorsement for flue-cured tobacco in Form 1;
(c) the application for insurance;
(d) the final acreage report; and
(e) an amendment to any document referred to in clause (a),
(b), (c) or (d) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of at least $100
unless the applicant authorizes payment of the premium by
The Ontario Flue-cured Tobacco Growers' Marketing
Board; and
(c) be filed with the Commission not later than the 1st day of
May first occurring in the crop year in respect of which it is
made or not later than such other date as may be deter-
mined from time to time by the Commission.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made unless it is terminated in accordance
with the regulations.
(2) Despite subsection (1), the contract does not insure against
and no indemnity shall be paid in respect of any loss or damage
which occurs prior to noon on the 20th day of May first occurring in
the crop year.
Coverage
9. The coverage provided in each crop year under section A or B
of the endorsement shall be computed by the Commission and shall
not exceed 80 per cent of the average farm yield multiplied by 50 per
cent of the final market average price less 5 per cent.
LlABIUTY
10. The maximum amount for which the Commission is liable for a
loss under a contract of insurance shall be the amount obtained by
multiplying 80 per cent of the average farm yield by the final market
average price less 5 per cent.
Premiums
11.— (1) Subject to subsections (2), (3), (4), (5) and (6), the pre-
mium payable by an insured person is,
(a) where the crop is insured under Section A of the endorse-
ment, $2.08 per 100 pounds for the first 30,000 pounds of
coverage, decreasing by 4 cents per 100 pounds for the next
10,000 pounds of coverage, by 4 cents per 100 pounds for
the next 10,000 pounds of coverage, by 7 cents per 100
pounds for the next 10,000 pounds of coverage, by 8 cents
per 100 pounds for the next 10,000 pounds of coverage, by 8
cents per 100 pounds for the next 10,000 pounds of cover-
age, by 8 cents per 100 pounds for the next 10,000 pounds
of coverage, by 7 cents per 100 pounds for the next 10,000
pounds of coverage and by 8 cents per 100 pounds for each
10,000 pounds of increase in coverage until a minimum rate
of 98 cents per 100 pounds, applicable to any further cover-
age, is attained; and
(b) where the crop is insured under Section B of the endorse-
ment, $1.84 per 100 pounds for the first 30,000 pounds of
coverage, decreasing by 3 cents per 100 pounds for the next
10,000 pounds of coverage, by 4 cents per 100 pounds for
the next 10,000 pounds of coverage, by 5 cents per 100
pounds for the next 10,000 pounds of coverage, by 5 cents
per 100 pounds for the next 10,000 pounds of coverage, by 5
cents per 100 pounds for the next 10,000 pounds of cover-
age, by 4 cents per 100 pounds for the next 10,000 pounds
of coverage, by 5 cents per 100 pounds for the next 10,000
pounds of coverage, by 2 cents per 100 pounds for the next
10,000 pounds of coverage and by 1 cent per 100 pounds for
each 10,000 pounds of increase in coverage until a minimum
rate of $1.50 per 100 pounds, applicable to any further cov-
erage, is attained.
(2) The premiums prescribed by subsection (1) are based on a
contract price of $1 per pound and where in any year there is a varia-
tion in the contract price, the amount of the premium shall be
adjusted accordingly.
(3) The premium prescribed by subsections (1) and (2) shall be
reduced by 5 per cent following each year of participation in the plan
in which no claim is made, but the cumulative reduction shall not
exceed 15 per cent.
(4) Where the premium prescribed by subsections (1) and (2) has
been reduced under subsection (3), the premium shall be increased
by 5 per cent following each year in which the amount paid on a
claim exceeds half of the premium paid in that year, but the premium
shall not be increased beyond the amounts prescribed by subsections
(l)and(2).
(5) Where, in any year, a claim is paid in an amount equal to or
less than half of the total premium for that year, the discount for the
following year shall remain unchanged.
57
Reg./Règl. 224
CROP INSURANCE
Reg./Règl. 224
(6) Where in any year a grower fails to insure the grower's crop
under this plan, the grower's premium for the next year of participa-
tion shall not be subject to any discount.
(7) The premiums prescribed by subsections (1), (2), (3), (4), (5)
and (6) are in addition to any payments in respect of premiums made
by the Province of Ontario and the Government of Canada under the
Crop Insurance Act (Canada). R.R.O. 1980, Reg. 206, Sched.;
O. Reg. 94/82, s. 1; O. Reg. 630/82, ss. 1-5; O. Reg. 388/83, s. 1;
O. Reg. 359/84, ss. 1, 2; O. Reg. 511/84, s. 1; O. Reg. 524/85,
ss. 1-6; O. Reg. 600/86, ss. 1-3; O. Reg. 471/89, s. 1; O. Reg.
401/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
FLUE-CURED TOBACCO ENDORSEMENT
Whereas the insured person has applied for crop insurance for
flue-cured tobacco under The Ontario Crop Insurance Plan for Flue-
cured Tobacco, hereinafter referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover flue-cured tobacco.
General Terms and Conditions
1.— (1) Where the insured person is an owner with a sharegrower,
the insured person is eligible for insurance coverage only under Sec-
tion A.
(2) Where the insured person is an owner who grows the insured
person's own crop, the insured person is eligible for insurance cover-
age under Sections A and B.
(3) Where the insured person grows all or part of the insured per-
son's crop, in order to obtain insurance under Section A, the insured
person must insure all the insured person's acreage under a single
contract.
(4) Where the insured person is a sharegrower, the insured per-
son is eligible for insurance coverage only under Section B.
2. All acreage planted to flue-cured tobacco in a crop year shall be
harvested unless the Commission, upon application therefor in writ-
ing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
Incorrect Acreage in Final Acreage Report
3.— (1) Where the actual planted acreage of flue-cured tobacco in
a crop year is less than the planted acreage declared on the final acre-
age report, the guaranteed production and the amount of insurance
shall be reduced proportionately and there shall be no refund of pre-
mium.
(2) Where the actual planted acreage of flue-cured tobacco in a
crop year exceeds the planted acreage declared on the final acreage
report, the total guaranteed production shall remain unchanged and
the total production from all of the planted acres shall be included in
the total production for the crop year.
Evaluation of Loss
4. For the purpose of determining the loss in production of flue-
cured tobacco in a crop year and the indemnity payable therefor, the
value of the crop shall progress through the stages prescribed in Sec-
tions A and B.
Section A
Stage 1
5.— (1) Stage 1 comprises the period from the commencement of
planting or noon of the 18th day of May first occurring in the crop
year, whichever is the later, to noon of the 18th day of June in the
crop year.
(2) Where loss or damage occurs in Stage 1, the Commission,
upon application therefor in writing by the insured person may con-
sent in writing to the use of the damaged acreage for any other pur-
pose or to the abandonment or destruction of the insured crop on
such damaged acreage and, in such case, the Commission shall deter-
mine the number of damaged acres.
(3) Where the damaged acreage is replanted to the insured crop
pursuant to Section B, the contract of insurance shall continue to
apply to such replanted acreage.
(4) Where the damaged acreage is used for any other purpose or
the insured crop is abandoned or destroyed in accordance with sub-
paragraph (2), the amount of loss that shall be taken into account in
the final adjustment of loss in respect of the total planted acreage
shall be calculated by multiplying 40 per cent of the average farm
yield applicable to the damaged acreage by 45 per cent of the con-
tract price per pound.
(5) The amount of loss calculated under subparagraph (4) shall
be reduced by an amount equal to the rental value of any poundage
allotment in respect of which a claim is paid to the insured person.
(6) Where the damaged acreage is not used for any other purpose
or the crop is not abandoned or destroyed after the Commission has
consented thereto, the amount of loss calculated under subparagraph
(4) shall not be taken into account in the final adjustment of loss.
(7) Despite any application made in writing by the insured person
under this paragraph, the Commission may, where loss or damage
occurs in Stage 1, notify the insured person in writing that it intends
to terminate the insurance coverage on such damaged acreage and to
calculate the amount of loss in the manner prescribed in subpara-
graph (4) with respect to such damaged acreage and, where notice of
such intention has been given, the Commission shall calculate
accordingly the amount of loss to be taken into account in the final
adjustment of loss and the value of the insured crop on such dam-
aged acreage shall not progress beyond Stage 1.
Stage 2
6.— (1) Stage 2 commences at noon on the 20th day of June in the
crop year and ends with the completion of harvesting.
(2) Where loss or damage occurs in Stage 2, the Commission,
upon application therefor in writing by the insured person, may con-
sent in writing to the abandonment or destruction of the insured crop
on such damaged acreage and, in such case, the Commission shall
determine the number of damaged acres and the potential produc-
tion thereof.
(3) Where the insured crop is abandoned or destroyed in accor-
dance with subparagraph (2), the amount of loss that shall be taken
into account in the final adjustment of loss in respect of the total
planted acreage shall be calculated by multiplying 80 per cent of the
average farm yield applicable to the damaged acreage less any poten-
tial production determined under subparagraph (2) by 45 per cent of
the contract price per pound.
(4) Where the crop is not abandoned or destroyed after the Com-
mission has consented thereto, the amount of loss calculated under
subparagraph (3) shall not be taken into account in the final adjust-
ment of loss.
58
Reg./Règl. 224
ASSURANCE-RECOLTE
Reg./Règl. 224
(5) Subject to subparagraph (6), where, upon completion of har-
vesting,
(a) one-half of the total gross income from the harvested acre-
age is less than the insurance coverage of the insured per-
son, the amount of loss that shall be taken into account in
the final adjustment of loss shall be calculated by subtract-
ing one-half of the total gross income from one-half of the
amount arrived at by multiplying the price guaranteed per
pound by the actual production harvested; or
(b) the actual production from the harvested acreage multiplied
by 45 per cent of the contract price per pound is less than
the insurance coverage of the insured person, the amount of
loss that shall be taken into account in the final adjustment
of loss shall be calculated by subtracting the amount
obtained by multiplying the actual production from the har-
vested acreage by 45 per cent of the contract price per
pound from the insurance coverage.
(6) The amount of loss calculated under clause (b) of subpara-
graph (5) shall be reduced by an amount equal to the rental value of
any poundage allotment in respect of which a production claim is
paid to the insured person.
Section B
Stage 1
7.— (1) Stage 1 comprises the period from the commencement of
planting or noon of the 20th day of May occurring first in the crop
year, whichever is the later, to noon of the 20th day of June in the
crop year.
(2) Where loss or damage occurs in Stage 1, the Commission,
upon application therefor in writing by the insured person, may con-
sent in writing to,
(a) replanting of the damaged acreage to a maximum of the
number of insured acres; or
(b) the use of the damaged acreage for any other purpose or to
the abandonment or destruction of the insured crop on such
damaged acreage and, in such case, the Commission shall
determine the number of damaged acres.
(3) Where the damaged acreage is in excess of three acres and is
replanted to the insured crop in accordance with clause (a) of subpar-
agraph (2), the contract of insurance shall continue to apply to such
replanted acreage and the Commission shall pay to the insured per-
son a supplementary benefit of $75 per acre replanted.
(4) Where the damaged acreage is used for any other purpose or
the insured crop is abandoned or destroyed in accordance with clause
(b) of subparagraph (2), the amount of loss that shall be taken into
account in the final adjustment of loss in respect of the total planted
acreage shall be calculated by multiplying 40 per cent of the average
farm yield applicable to the damaged acreage by 30 per cent of the
contract price per pound.
(5) Where the damaged acreage is not used for any other purpose
or the crop is not abandoned or destroyed after the Commission has
consented thereto, the amount of loss calculated under subparagraph
(4) shall not be taken into account in the final adjustment of loss.
(6) Despite any application made in writing by the insured person
under this paragraph, the Commission may, where loss or damage
occurs in Stage 1, notify the insured person in writing that it intends
to terminate the insurance coverage on such damaged acreage and to
calculate the amount of loss in the manner prescribed in subpara-
graph (4) with respect to such damaged acreage and, where notice of
such intention has been given, the Commission shall calculate
accordingly the amount of loss to be taken into account in the final
adjustment of loss and the value of the insured crop on such dam-
aged acreage shall not progress beyond Stage 1.
Stage 2
8.— (1) Stage 2 commences at noon on the 20th day of June in the
crop year and ends with the completion of harvesting.
(2) Where loss or damage occurs in Stage 2, the Commission,
upon application therefor in writing by the insured person, may con-
sent in writing to,
(a) replanting of the damaged acreage to a maximum of the
number of insured acres; or
(b) the use of the damaged acreage for any other purpose or to
the abandonment or destruction of the insured crop on the
damaged acreage and the Commission shall determine the
number of damaged acres and the potential production
thereof.
(3) Where the damaged acreage is in excess of three acres and is
replanted to the insured crop in accordance with clause (a) of subpar-
agraph (2), the contract of insurance shall continue to apply to such
replanted acreage and the Commission shall pay to the insured per-
son a supplementary benefit of $75 per acre replanted.
(4) Where the insured crop is abandoned or destroyed in accor-
dance with clause (b) of subparagraph (2), the amount of loss that
shall be taken into account in the final adjustment of loss in respect
of the total planted acreage shall be calculated by multiplying 80 per
cent of the average farm yield applicable to the damaged acreage less
any potential production determined under clause (b) of subpara-
graph (2) by 30 per cent of the contract price per pound.
(5) Where the crop is not abandoned or destroyed after the Com-
mission has consented thereto, the amount of loss calculated under
subparagraph (4) shall not be taken into account in the final adjust-
ment of loss.
(6) Where, upon completion of harvesting,
(a) one-half of the total gross income from the harvested acre-
age is less than the insurance coverage of the insured per-
son, the amount of loss that shall be taken into account in
the final adjustment of loss shall be calculated by subtract-
ing one-half of the total gross income from one-half of the
amount arrived at by multiplying the price guaranteed per
pound by the actual production harvested; or
(b) the actual production from the harvested acreage multiplied
by 30 per cent of the contract price per pound is less than
the insurance coverage of the insured person, the amount of
loss that shall be taken into account in the final adjustment
of loss shall be calculated by subtracting the amount
obtained by multiplying the actual production from the har-
vested acreage by 30 per cent of the contract price per
pound from the insurance coverage.
Salvage Benefit
9. Where three acres or more of the insured crop is damaged as a
result of excessive rainfall, flood, hail, wind or such other cause of
loss as may be designated by the Commission from time to time and
the insured person incurs unusual expense in salvaging the crop, the
Commission may under Section B pay a supplementary benefit equal
to the salvage cost or $60 for each damaged acre, whichever is the
lesser, but the total of the benefits payable in any crop year under
subparagraphs 7 (3), 8 (3) and this paragraph shall in no case exceed
$120 multiplied by the number of insured acres.
Final Adjustment of Loss for Total Planted Acreage
10.— (1) The total indemnity payable in the final adjustment of
loss shall be the sum of all loss calculations but where,
(a) the actual production of any harvested acreage; or
«0
Reg./Règl. 224
CROP INSURANCE
Reg./Règl. 225
(b) the potential production of any unharvested acreage,
exceeds the insurance coverage for such acreage, the indemnity oth-
erwise payable for a loss in production shall be reduced by the
amount obtained by multiplying such excess by 75 per cent of the
contract price per pound.
(2) Despite subparagraph (1), where the insured crop or any part
thereof is destroyed by frost at any time after noon on the 25th day of
September in the crop year, the Commission shall determine the
potential thereof and shall reduce the indemnity otherwise payable
accordingly.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at
this day of
Duly Authorized
Representative
19.
General Manager
R.R.O. 1980, Reg. 206, Form 1; O. Reg. 311/81, s. 1; O. Reg.
630/82, s. 6; O. Reg. 388/83, s. 2; O. Reg. 359/84, s. 4; O. Reg.
524/85, s. 7; O. Reg. 600/86, s. 4; O. Reg. 471/89, s. 2; O. Reg.
401/90, s. 2.
REGULATION 225
CROP INSURANCE PLAN FOR
FORAGE SEEDING ESTABLISHMENT
1. The plan in the Schedule is established for the insurance within
Ontario of the seeding establishment of forage. R.R.O. 1980, Reg.
211, s. 1;0. Reg. 302/89, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Forage Seeding Establishment".
2. The purpose of this plan is to provide insurance against loss
arising when the seeding establishment of a forage crop is adversely
affected by one or more of the designated perils.
Definitions
3. In this plan,
"forage" means feed for livestock produced from grasses or legumes;
"grasses" means Timothy, Bromegrass, Orchardgrass, Reed Canary
Grass, Creeping Red Fescue, Tall Fescue, Meadow Foxtail,
Perennial Ryegrass, Annual Ryegrass and Bluegrass;
"harvesting" includes pasturing;
"legumes" means Alfalfa, Bird's-foot Trefoil, Red Clover, White
Clover and Sweet Clover;
"seeded acreage" means acreage seeded to grasses or legumes during
the current crop year for the purpose of producing forage or pas-
ture or for the purpose of soil conservation.
Designation of Perii^s
4. The following are designated as perils for the purposes of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
11. Winterkill.
Designation of Crop Year
5. The crop year for forage seeding establishment is the period
from the 1st day of January to the 31st day of May in the calendar
year next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for forage seeding establishment shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) an endorsement for forage seeding establishment in Form
1;
(c) the application for insurance; and
(d) any amendment to a document referred to in clause (a), (b)
or (c) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission; and
(b) in the case of spring sown forage, be filed with the Commis-
sion not later than the 1st day of May or in the case of for-
age that is directly seeded after the 1st day of August, be
filed with the Commission not later than the 15th day of
September in the crop year.
Duration of Contract
8. A contract of insurance shall be in force for the crop year in
respect of which it is made.
Coverage
9.— (1) Subject to subsection (2), the maximum coverage, as
determined by the Commission, is,
(a) $25 for each acre sown to forage that fails to establish a rea-
sonable stand; or
(b) $50 for each acre that fails to establish a reasonable stand
where a minimum of 50 per cent of the crop is sown to tre-
foil or alfalfa.
ISO
Reg./Règl. 225
ASSURANCE-RECOLTE
Reg./Règl. 225
l
(2) A minimum of three acres must be lost before any indemnity
is payable.
10. The maximum amount for which the Commission is liable
under a contract of insurance is the amount obtained by multiplying
the per acre coverage determined under section 9 by the number of
insured acres.
Premiums
11.— (1) The total premium is,
(a) $4 per acre where the coverage is $25 per acre;
(b) $6 per acre where the coverage is $25 per acre and the
insured person's claims since the insured person's enrol-
ment in the plan exceed the premiums paid; or
(c) $6 per acre where the coverage is $50 per acre.
(2) Despite subsection (1), the minimum premium payable by an
insured person is $25.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Government of Canada under
the Crop Insurance Act (Canada).
12.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
plants acreage to the insured crop.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, if
any, to the Commission at the time the final acreage report required
by section 14 is filed.
NoTincATiON OF Loss
13. Any loss must be reported to the Commission as soon as it
becomes apparent and in no case will any indemnity be paid in
respect of losses not reported before the end of the crop year.
Final Acreage Reports
14.— (1) Within ten days after the planting of acreage to forage is
completed in each crop year, every insured person shall file with the
Commission a final acreage report in a form provided by the Com-
mission.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
15.— (1) The Commission may revise a final acreage report in any
and all respects and adjust the premium accordingly and shall, after
any revision and adjustment, notify the insured person in writing
immediately of such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the insured person notifies the Commission in
writing that the insured person rejects the revision within ten days
after the Commission notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notification from an insured
person under subsection (2), the Conmiission shall,
(a) notify the insured person in writing that the contract of
insurance does not apply for the crop year in respect of
which the final acreage report was filed; and
(b) refund any premium or premium deposit paid in respect of
that crop year.
(5) A final acreage report revised under subsection (1) shall, if no
notice is given under subsection (2) by the insured person, be
deemed to be a final acreage report for the insured acreage for the
crop year.
16.— (1) Where an insured person in any crop year fails to file a
final acreage report in accordance with this Regulation, the Commis-
sion may,
(a) prepare a final acreage report; or
(b) declare the insured acreage to be nil.
(2) After preparing a final acreage report under subsection (1),
the Commission shall serve a copy of the report on the insured per-
son either by personal delivery or by mailing it to the insured per-
son's last known address.
(3) An insured person shall pay the premium for the crop year in
respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed. R.R.O. 1980, Reg. 211, Sched.; O. Reg.
146/84, ss. 1, 2; O. Reg. 300/85, ss. 1, 2; O. Reg. 224/88, s. 1;
O. Reg. 302/89, ss. 1, 2; O. Reg. 456/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
FORAGE SEEDING ESTABLISHMENT ENDORSEMENT
Whereas the insured person has applied for crop insurance for
forage seeding establishment under The Crop Insurance Plan for
Forage Seeding Establishment, hereinafter referred to as "the plan",
and has paid the premium prescribed thereunder:
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover forage seeding establishment.
Evaluation of Loss
1. For the purposes of this plan, a loss shall be deemed to have
occurred where, as a result of an insured peril, three acres or more of
the insured crop fails to establish a reasonable stand.
Final Adjustment of Loss
2.— (1) Subject to subparagraphs (2) and (3), the indemnity pay-
able with respect to the total seeded acreage shall be the amount
obtained by multiplying the per acreage coverage determined under
section 9 of the plan by the number of insured acres.
(2) Indemnify is payable only in respect of acreage destroyed
after inspection by the Commission.
(3) No indemnify is payable in respect of acreage that has been
harvested or pastured. R.R.O. 1980, Reg. 211, Form 1; O. Reg.
300/85, s. 3; O. Reg. 302/89, s. 1.
Reg./Règl. 226
CROP INSURANCE
Reg./Règl. 226
REGULATION 226
CROP INSURANCE PLAN FOR GRAPES
1. The plan in the Schedule is established for the insurance within
Ontario of grapes. R.R.O. 1980, Reg. 208, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Grapes".
2. The purpose of this plan is to provide for insurance against a
loss in the production of grapes resulting from one or more of the
perils designated in section 4.
Definitions
3. In this plan.
"average yield" means the average total vineyard production of the
insured person over the preceding six years allowing for age of
vines, vine removal, and change in acreage;
"grapes" means all varieties of grapes produced in Ontario.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Blossom set failure.
2. Drought.
3. Excessive moisture.
4. Freeze injury.
5. Frost.
6. Hail.
7. Hurricane or tornado.
8. Wildlife.
9. Excess heat.
10. Excessive rain.
Designation of Crop Year
5. The crop year for grapes is the period from the 1st day of
December in any year to the 30th day of November next following.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
grapes shall be deemed to be comprised of,
(a) the contract of insurance in Form 1;
(b) the application for insurance;
(c) the production guarantee report; and
(d) any amendment to a document referred to in clause (a), (b)
or (c) agreed upon in writing.
7. An application for insurance shall.
(a) be in the form provided by the Commission;
(b) be accompanied by a premium deposit of,
(i) $100, or one-quarter of the premium payment made
by the insured person for the previous crop year,
whichever is the greater, or
(ii) an amount to be determined by the Commission;
and
(c) be filed with the Commission not later than the 1st day of
December in the crop year in respect of which it is made or
not later than such other date as may be determined from
time to time by the Commission.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of December in the crop year during which the
cancellation is to be effective or on or before such other date as may
be determined from time to time by the Commission.
Coverage
9.— (1) The initial coverage provided under a contract of insurance
shall be 73 per cent of the average yield in pounds as determined by
the Commission multiplied by the established price.
(2) The coverage provided under a contract of insurance follow-
ing a year in which there was no claim shall be,
(a) where the previous year's coverage was 70 per cent, 73 per
cent;
(b) where the previous year's coverage was 73 per cent, 76 per
cent;
(c) where the previous year's coverage was 76 per cent, 78 per
cent;
(d) where the previous year's coverage was 78 per cent, 80 per
cent; and
(e) where the previous year's coverage was 80 per cent, 80 per
cent,
of the average yield in pounds as determined by the Commission
multiplied by the established price.
(3) The coverage provided under a contract of insurance follow-
ing a year in which there was a claim shall be,
(a) where the previous year's coverage was 80 per cent, 80 per
cent;
(b) where the previous year's coverage was 78 per cent, 76 per
cent;
(c) where the previous year's coverage was 76 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent; and
(e) where the previous year's coverage was 70 per cent, 70 per
cent.
62
Reg./Règl. 226
ASSURANCE-RECOLTE
Reg./Règl. 226
of the average yield in pounds as determined by the Commission
multiplied by the established price.
(4) Where in any year a claim is paid in an amount that is less
than one-half of the total premium for that year, the coverage for the
following year remains unchanged.
10.— (1) In this section, "class" means the classes of grape varie-
ties set out in the Table.
(2) The established prices for each class are as follows:
TABLE
Class
Price per tonne
1
lA
$ 278
198
2
227
3
3A
265
221
4
241
5
5A
5B
5C
489
352
500
299
6
6A
6B
6C
552
436
450
261
7
575
8
8A
345
593
9
9A
9B
9C
823
903
1,666
1,070
10
549
(b) based on Commission records, total premiums paid by the
insured person for grapes since 1972 exceed the indemnities
paid by the Commission to the insured person for grapes
since 1972.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Government of Canada under
the Crop Insurance Act (Canada).
(4) Despite subsections (1) and (2), the minimum premium pay-
able by an insured person in each crop year is $100.
13.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, to
the Commission at the time the production guarantee report pre-
scribed by section 14 is returned to the Commission.
(3) Where a renewal premium is payable in respect of a crop
year, the insured person shall, not later than the 1st day of December
in the crop year, pay the premium deposit as set out in clause 7 (b).
Production Guarantee Report
14. The Commission shall prepare and deliver a production guar-
antee report in the form prescribed by the Commission to each
insured person in each crop year and the insured person shall sign a
copy thereof and return it to the Commission. R.R.O. 1980, Reg.
208, Sched.; O. Reg. 769/81, ss. 1-3; O. Reg. 793/82, ss. 1, 2;
O. Reg. 7/85, ss. 1, 2; O. Reg. 650/85, ss. 1-4; O. Reg. 68/88, s. 1;
O. Reg. 120/89, s. 1; O. Reg. 465/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinaf-
ter referred to as "THE COMMISSION".
of the first part
11. The maximum indemnity for which the Commission is liable
under a contract of insurance shall be the amount obtained by multi-
plying the total guaranteed production determined under section 9
by the established price per ton determined under section 10.
Premiums
12.— (1) The total premium payable in the crop year is,
(a) where the coverage is 70 per cent, 8.5 per cent;
(b) where the coverage is 73 per cent, 8 per cent;
(c) where the coverage is 76 per cent, 7.5 per cent;
(d) where the coverage is 78 per cent, 7 per cent; and
(e) where the coverage is 80 per cent, 6.3 per cent,
of the guaranteed production in pounds multiplied by the established
price.
(2) Despite subsection (1), the total premium is 80 per cent of the
total premium prescribed by subsection (1) '^
(a) the coverage is 80 per cent and the insured person has had
coverage and an actual farm yield for at least five years; and
-and-
of the of
in the County (or as the case may be) of
hereinafter referred to as
"THE INSURED PERSON",
of the second part
Whereas the insured person has applied for crop insurance on
grapes under The Ontario Crop Insurance Plan for Grapes, hereinaf-
ter referred to as "the plan".
Now Therefore, subject to the Crop Insurance Act (Ontario),
and the regulations made thereunder, where, in a crop year the
insured person suffers a loss in the production of grapes resulting
from one or more of the perils designated in the plan, the Commis-
sion, subject to the terms and conditions hereinafter set forth, agrees
to indemnify the insured person in respect of such loss.
Terms and Conditions Insured Crop
1. In this contract, "insured crop" means all varieties of grapes
produced in Ontario.
63
Reg./Règl. 226
CROP INSURANCE
Reg./Règl. 226
Causes of Loss Not Insured Against
2. This contract does not insure against and no indemnity shall be
paid in respect of a loss resulting from,
(a) the negligence, misconduct or poor farming practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
3.— (1) The insured person shall offer for insurance all acreage
planted to the insured crop on the farm or farms operated by the
insured person in Ontario, and, subject to subparagraph (2), this
contract applies to all such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes; or
(b) that, in the opinion of the Commission, is not insurable.
4.— (1) All insured acreage shall be harvested unless the Commis-
sion, upon application therefor in writing, consents in writing to the
abandonment or destruction of the insured crop or any part thereof
and, in such case, the Commission shall determine,
(a) the potential production of the unharvested acreage; and
(b) whether the harvesting was prevented by one or more of
the perils insured against.
(2) Where an insured person fails to obtain the consent of the
Commission in accordance with subparagraph (1), no indemnity shall
be paid in respect of the unharvested acreage.
Evaluation of Loss
5. The amount of loss that shall be taken into account in the final
adjustment of loss is the amount by which the coverage exceeds the
sum of,
(a) the actual yield in pounds of the insured crop multiplied by
the established price;
(b) the value as determined by the Commission of the potential
production of acreage unharvested for reasons other than
the insured perils; and
(c) any loss sustained by reason of a peril other than the perils
designated in the plan.
6. Despite paragraph 5, where hail damaged grapes are sold by the
insured person at less than the price negotiated for undamaged
grapes by The Ontario Grape Grower's Marketing Board, for the
purpose of determining yield, the actual production shall be counted
in the ratio that the sale price of the damaged grapes bears to the
market price for undamaged grapes negotiated by the Board.
Notice of Loss or Damage
7.-(l) Where,
(a) loss or damage to the insured crop occurs; or
(b) the insured crop or any part thereof is or is intended to be
sold on a pick-your-own basis,
the insured person shall notify the Commission in writing as soon as
the damage occurs in order that a pre-harvest inspection may be
made.
(2) Where the insured person fails to notify the Commission
under subparagraph (1), a claim by the insured person is invalid and
the insured person's right to indemnity is forfeited.
Misrepresentation, Violation of Conditions or Fraud
8. Where the insured person,
(a) in an application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the insured person's right
to recover indemnity is forfeited.
Waiver or Alteration
9. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
10. Although a person other than the insured person holds an
interest of any kind in the insured crop, for the purposes of this con-
tract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the crop; and
(b) except as provided in paragraph 11, no indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
11. The insured person may assign all or part of the insured per-
son's right to indemnity under this contract in respect of the insured
crop but an assignment is not binding on the Commission and no
payment of indemnity shall be made to an assignee unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Adjustment of Loss
12.— (1) The indemnity payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it deems proper.
(3) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) the actual production obtained from the insured crop for
the crop year; and
64
Reg./Règl. 226
ASSURANCE-RECOLTE
Reg./Règl. 227
I
(b) that the loss in production or part thereof resulted directly
from one or more of the perils insured against.
(4) Where a loss in production resulted partly from a peril
insured against and partly from a cause of loss not insured against,
the Commission shall determine the amount of the loss that resulted
from the cause of loss not insured against, and the indemnity payable
by the Commission under the contract shall be reduced accordingly.
Proof of Loss
13.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year,
whichever is the earlier.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 1 1 .
(4) Where required by the Commission, the information given in
a proof of loss form shall be verified by statutory declaration.
Arbitration
14. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
IS.— (1) No indemnity under this contract becomes due and pay-
able until,
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
16. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
17. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Notice
18.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be served by per-
sonal delivery or by mailing it to the insured person's last known
address on file with the Commission.
(3) A written notice that is mailed shall be deemed to be served
three days after it is mailed.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at .
this day of
.,19..
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 208, Form 1; O. Reg. 7/85, s. 3; O. Reg. 650/85,
s. 5; O. Reg. 120/89, s. 2; O. Reg. 465/90, s. 2.
REGULATION 227
CROP INSURANCE PLAN FOR
GREEN AND WAX BEANS
1. The plan in the Schedule is established for the insurance within
Ontario of green and wax beans. R.R.O. 1980, Reg. 209, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Green and Wax Beans".
2. The purpose of this Plan is to provide for insurance against a
loss resulting from one or more of the perils designated in section 4.
Dehnitions
3. In this plan.
"average farm yield" means the average of previous yields of the
seeded acreage computed by the Commission on the basis of acre-
age production records of the insured person or such other basis as
the Commission approves;
"green and wax beans" means green and wax beans or either of them
produced in Ontario for processing;
"processor" means a person engaged in the business of processing
green and wax beans;
"ton" means 2,000 pounds.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
65
Reg./Règl. 227
CROP INSURANCE
Reg./Règl. 227
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
11. Any other adverse weather condition.
Designation of Crop Year
5. The crop year for green and wax beans is the period from the 1st
day of March in any year to the 15th day of September next follow-
ing.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
green and wax beans shall be deemed to be comprised of,
(a) the contract of insurance in Form 1;
(b) the application for insurance; and
(c) an amendment to any document referred to in clause (a) or
(b) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission; and
(b) be filed with the Commission not later than the 1st day of
May in the crop year or such other date as may be deter-
mined by the Commission.
Duration of Contract
8. A contract of insurance shall be in force for the crop year in
respect of which it is made.
Coverage
9. — (1) The coverage per acre provided in the crop year under a
contract of insurance shall be 80 per cent of the average farm yield in
tons.
Premiums
12.— (1) The total premium payable in respect of acreage under
contract is $79 per acre.
(2) Despite any authorization by an insured person in the insured
person's application for insurance, the payment of the premium is
the responsibility of the insured person and such premium shall be
paid in any event not later than ten days after written demand there-
for by the Commission.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
Final Date for Seeding
13. For the purpose of this plan, the final date for seeding green
and wax beans in a crop year is the 15th day of July or such other
date as may be determined from time to time by the Commission.
Final Date for Harvesting
14. For the purposes of this plan, the final date for harvesting
green and wax beans in a crop year is the 15th day of September or
such other date as may be determined from time to time by the Com-
mission.
TABLE
Percentage By-pass of
Total Acreage Contracted
by Processing Plant
Maximum Insurance Liability
(percentage of average
farm yield)
4.9 per cent or less
80
5 - 8.9 per cent
70
9 -12.9 per cent
60
13 per cent or more
50
R.R.O. 1980, Reg. 209, Sched.; O. Reg. 504/82, s. 1; O. Reg.
263/83, s. 1; O. Reg. 355/84, s. 1; O. Reg. 289/85, ss. 1-4; O. Reg.
205/86, ss. 1, 2; O. Reg. 318/87, s. 1; O. Reg. 324/89, s. 1; O. Reg.
454/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinafter
referred to as "THE COMMISSION",
(2) The average yield for each acre of the insured crop shall be
computed annually by the Commission on the basis of production
records.
(3) The number of tons per acre determined under subsections
(1) and (2) multiplied by the number of insured acres constitutes the
total guaranteed production under the contract of insurance.
10. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance shall be the amount
obtained by multiplying the total guaranteed production determined
under section 9 by the established price per ton determined under
section 11.
11. The established price for green and wax beans in each crop
year shall be the base price established in the grower-processor mar-
keting agreement as negotiated by the Vegetable Growers' Associa-
tion with the processors.
OF the first part
— and-
of the of
in the County (or as the case may be) of
, hereinafter referred to as "THE
INSURED PERSON",
OF the second part
Whereas the insured person has applied for crop insurance on
green and wax beans under The Ontario Crop Insurance Plan for
Green and Wax Beans, hereinafter referred to as "the plan";
66
Reg./Règl. 227
ASSURANCE-RECOLTE
Reg./Règl. 227
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, where in a crop year the insured
person suffers a loss resulting from one or more of the perils desig-
nated in the plan, the Commission, subject to the terms and condi-
tions hereinafter set forth, agrees to indemnify the insured person in
respect of such loss.
TERMS AND CONDITIONS
Causes of Loss Not Insured Against
1. This contract does not insure against, and no indemnity shall be
paid in respect of a loss resulting from,
(a) the negligence, misconduct or poor farming practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease unless recommended
spray programs were followed; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
2.— (1) The insured person shall offer for insurance all acreage
planted in the crop year to green and wax beans on the farm or farms
operated by the insured person in Ontario, whether grown under
contract or not and, subject to subparagraph (2), this contract
applies to all such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes;
(b) that was planted after the final date prescribed for planting
in the plan; or
(c) that, in the opinion of the Commission, is not insurable.
Variations in Planted Acreage
3.— (1) Where the acreage planted by the insured person in the
crop year is not the same as that stated in the application for insur-
ance, the insured person shall, not later than the 15th day of July,
notify the Commission in writing of the actual acreage planted.
(2) Where the actual planted acreage of the insured crop is less
than that stated in the application for insurance, the maximum
amount of indemnity shall be reduced proportionately.
(3) Where the actual planted acreage of the insured crop is more
than that stated in the application for insurance, the maximum
amount of indemnity and the premium payable shall not be increased
but the income from the total planted acreage shall be included in
establishing the production of the insured person unless the proces-
sor increases the contract acreage accordingly.
Harvesting of Planted Acreage
4.— (1) All acreage planted to the insured crop in the crop year
shall be harvested as green and wax beans for processing unless the
Commission, upon application therefor in writing, consents in writ-
ing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) The final date for the harvesting referred to in subparagraph
(1) is the ISth day of September or such other date as may be deter-
mined from time to time by the Commission.
(3) Where the harvesting of any planted acreage is not completed
on the date prescribed by subparagraph (2), the insured person shall
forthwith notify the Commission in writing.
(4) Where an insured person fails to notify the Commission in
accordance with subparagraph (3), no indemnity shall be paid in
respect of the unharvested acreage.
Evaluation of Loss
5.— (1) Where loss or damage to three acres or more of the insured
crop occurs at any time following the planting of the insured crop or
any part thereof, the Commission upon application therefor in writ-
ing by the insured person, may consent in writing to,
(a) one replanting of the damaged acreage, provided that the
replanting is completed not later than the ISth day of July;
(b) the use of the damaged acreage for an alternate crop; or
(c) the abandonment or destruction of the insured crop on such
damaged acreage.
(2) Where the damaged acreage is replanted to green and wax
beans in accordance with clause (1) (a), the Commission shall pay to
the insured person a supplementary benefit of $125 for each acre
replanted and the contract of insurance shall continue to apply to
such replanted acreage.
(3) Where the damaged acreage is used for an alternate crop in
accordance with clause (1) (b), the Commission shall pay to the
insured person a supplementary benefit of $125 for each acre
replanted, the replanted acreage shall be released from the contract
of insurance and the guaranteed production and indemnity payable
shall be reduced accordingly.
(4) Where the planting of three acres or more of green and wax
beans before the final planting date is prevented by one or more of
the designated perils, an indemnity shall be paid in respect of each
unplanted acre calculated on the basis of 25 per cent of the guaran-
teed production per acre multiplied by the established price per ton.
(5) Where an indemnity is paid under subparagraph (1) in respect
of any acreage,
(a) the acreage shall be released from the contract of insurance;
(b) the guaranteed production and indemnity payable shall be
reduced accordingly; and
(c) the production from the acreage planted to green and wax
beans after the final planting date shall not be taken into
account in calculating the average farm yield.
6.— (1) Where harvesting has been completed, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per ton.
(2) For the purpose of subparagraph (1), actual production shall
include,
(a) production delivered to and accepted by a processor;
(b) production delivered to and rejected by a processor unless
the rejection resulted from a cause of loss designated in the
plan;
(c) production harvested but not delivered to a processor; and
(d) potential production of wholly or partially unharvested
67
Reg./Règl. 227
CROP INSURANCE
Reg./Règl. 227
acreage unless the failure to harvest resulted from a cause
of loss designated in the plan.
(3) For the purpose of calculating actual production (yield of har-
vested beans), whole bean yields shall be increased by a factor of 20
per cent, irrespective of whether loss occurs under subparagraph (1).
(4) Despite subparagraph (1), where all or any part of the insured
acreage is by-passed due to an insured peril, the Commission, upon
application therefor in writing by the insured person, may consent in
writing to the release from the contract of insurance of the by-passed
acreage and adjust the loss on such acreage without regard to the
production of any remaining acreage.
(5) Despite subparagraph (1), the indemnity payable in respect of
by-passed acreage shall be calculated on the basis of the by-passing
record of the processing plant to whom the crop is contracted in
accordance with the Table.
Misrepresentation, Violation of Conditions or Fraud
7. Where the insured person,
(a) in an application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the insured person's right
to recover indemnity is forfeited.
Waiver or Alterations
8. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
9. Although a person other than the insured person holds an inter-
est of any kind in the insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the crop;
(b) except as provided in paragraph 10, no indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
10. The insured person may assign all or part of the insured per-
son's right to indemnity under this contract in respect of the insured
crop but an assignment is not binding on the Commission and no
payment of indemnity shall be made to an assignee unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Notice of Loss or Damage
11.— (1) Where loss or damage to the insured crop occurs and the
insured person intends to abandon or destroy the insured crop, or to
replant or use the planted acreage for another purpose, the insured
person shall notify the Commission in writing of such intention and
shall take no further action without the consent in writing of the
Commission.
(2) Where loss or damage to the insured crop occurs and the
damage was occasioned at a readily ascertainable time, the insured
person shall notify the Commission forthwith by telephone and shall
confirm in writing within twenty-four hours of such time.
(3) Where loss or damage to the insured crop occurs and it
appears, or ought reasonably to appear, to the insured person at any
time after planting and before the completion of harvesting of the
insured crop that the production of the insured crop may thereby be
reduced, the insured person shall, as soon as the loss or damage is
apparent, notify the Commission in writing forthwith.
(4) Despite any notice given by the insured person under this
paragraph, where on completion of harvesting of the insured crop
the actual production is less than the total guaranteed production,
the insured person shall notify the Commission in writing forthwith.
Notice of By-Passing
12. Where acreage is by-passed by the processor, the insured per-
son shall notify the Commission forthwith by telephone and confirm
in writing within twenty-four hours.
Abandonment, Destruction or Alternate Use
13.— (1) Acreage planted to the insured crop shall not be put to
another use and the insured crop shall not be abandoned or
destroyed until the Commission has appraised the potential produc-
tion of the acreage.
(2) An appraisal made under subparagraph (1) shall not be taken
into account in the final adjustment of loss where the insured person
harvests the appraised acreage as green and wax beans for process-
ing.
Adjustment of Loss
14.— (1) The indemnity payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it deems proper.
(3) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) the actual production obtained from the insured crop for
the crop year; and
(b) that the loss in production or part thereof resulted directly
from one or more of the perils insured against.
(4) Where a loss in production resulted partly from a peril
insured against and partly from a cause of loss not insured against,
the Commission shall determine the amount of the loss that resulted
from the cause of loss not insured against, and the indemnity payable
by the Commission under this contract shall be reduced accordingly.
(5) The indemnity payable with respect to the total planted acre-
age in the final adjustment of loss shall be the sum of all loss calcula-
tions applicable to such acreage, but where the actual production of
any harvested acreage exceeds the guaranteed production of such
acreage, the indemnity otherwise payable for a loss in production
shall be reduced by the amount obtained by multiplying such excess
by the established price per ton.
6»
Reg./Règl. 227
ASSURANCE-RÉCOLTE
Reg./Règl. 228
Proof of Loss
IS.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year,
whichever is the earlier.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 10.
(4) Where required by the Commission, the information given in
a proof of loss shall be verified by statutory declaration.
Arbitration
16. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
17.— (1) No indemnity under this contract becomes due and pay-
able until,
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
18. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
19. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Notice
20.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be given by delivery
thereof or by sending it by mail addressed to the insured person at
the person's last post office address on file with the Commission.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at , this
day of , 19
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 209, Form 1; O. Reg. 263/83, s. 2; O. Reg.
355/84, s. 2; O. Reg. 205/86, s. 3; O. Reg. 318/87, s. 2; O. Reg.
319/88, s. 1; O. Reg. 454/90, s. 2.
REGULATION 228
CROP INSURANCE PLAN FOR
GREENHOUSE VEGETABLES
1. The plan in the Schedule is established for the insurance within
Ontarioof greenhouse vegetables. O. Reg. 310/89, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Greenhouse Vegetables".
2. The purpose of this plan is to provide for insurance against a
loss in the production of greenhouse vegetables resulting from one or
more of the designated perils.
Definitions
3. In this plan.
"average farm yield" means the average of previous yields of planted
greenhouse vegetables computed by the Commission on the basis
of production records provided by the Ontario Greenhouse Vege-
table Producers Marketing Board or such other basis as the Com-
mission determines;
"greenhouse vegetables" means tomatoes and cucumbers produced
in Ontario in a greenhouse or other enclosure under glass, plastic
or other protective material used for the purpose of controlling
temperature and providing protection for growing plants, but does
not include seedlings planted in a starting greenhouse or other
enclosure.
Designation of Perils
4. The following perils which result in the breakage in a green-
house or other enclosure of glass, plastic or other protective material
are designated as perils for the purpose of this plan:
1. Hail.
2. Hurricane.
3. Ice.
4. Snow load.
5. Tornado.
6. Wind.
69
Reg./Règl. 228
CROP INSURANCE
Reg./Règl. 228
7. Flood as a resuit of excessive rain.
Designation of Crop Year
5. The crop year for greenhouse vegetables is the period from the
15th day of December in any year to the 14th day of December next
following.
Contract of Insurance
6. For the purpose of this plan, a contract of insurance is com-
prised of,
(a) the contract of insurance in Form 1;
(b) the application for insurance;
(c) the final planting report for each crop year; and
(d) any amendment agreed upon in writing to a document
referred to in clause (a), (b) or (c).
7. An application for insurance shall,
(a) be accompanied by a premium deposit of at least $100; and
(b) be filed with the Commission not later than the first day of
the crop year for which the application is made.
8. A contract of insurance is conditional on the greenhouse or
other enclosure containing the crop to be insured being properly con-
structed and maintained.
Duration of Contract
9.— (1) A contract of insurance shall be in force for the crop year
for which it is made and shall continue in force for each crop year
thereafter until it is cancelled under subsection (2) or terminated in
accordance with the contract of insurance.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the first day of the crop year for which the cancellation is to
be effective.
(3) Despite subsection (1), where the production of an insured
crop extends beyond the crop year for which the crop is insured, the
crop year is extended, and the contract of insurance remains in force,
for that particular crop until the crop is harvested and removed from
the greenhouse or enclosure in which it is grown.
(4) Despite subsection (1), the contract of insurance ceases to
apply to an insured crop when the crop is harvested and removed
from the greenhouse or enclosure in which it is grown.
Coverage
10. The coverage provided under a contract of insurance for green-
house vegetables grown by an insured person in accordance with the
regulations is 80 per cent of the average farm yield expressed,
(a) in pounds per square foot for tomatoes; and
(b) in dozens per square foot for cucumbers.
11. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance is the amount
obtained by multiplying the established price for the insured crop by
the coverage determined under section 10.
12.— (1) For the purposes of this plan, the established price for
cucumbers is,
(a) $3.50 per dozen; or
(b) $5 per dozen.
(2) For the purposes
toes is.
of this plan, the established price for toma-
(a) $0.40 per pound; or
(b) $0.60 per pound.
Premiums
13.— (1) The premium for cucumbers is,
(a) $3.60 per hundred square feet where the established price is
$3.50 per dozen; or
(b) $5.00 per hundred square feet where the established price is
$5.00 per dozen.
(2) The premium for tomatoes is,
(a) $3.70 per hundred square feet where the established price is
$0.40 per pound; or
(b) $5.60 per hundred square feet where the established price is
$0.60 per pound.
(3) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
14.— (1) Where a contract of insurance is in force, the premium
prescribed in subsections 13 (1) and (2) shall be paid in respect of
each crop year in which the insured person produces greenhouse veg-
etables.
(2) Despite subsection (1), where an insured person harvests and
removes the insured crop from the greenhouse before the end of the
crop year and replants the area to the same crop, the replanted crop
shall not be covered by the contract of insurance unless the insured
person pays a premium in respect of the replanted crop within ten
days after the planting of the crop is completed.
(3) Where a premium is payable, the insured person shall pay the
premium, less the premium deposit, if applicable, paid under subsec-
tion (4), to the Commission at the time the insured person files a
final planting report under section 15.
(4) Where coverage is renewed, the insured person shall pay a
premium deposit of at least $100 not later than ten days after the
planting of the insured crop is completed.
Final Planting Report
15.— (1) Within ten days after the planting of an insured crop is
completed in each crop year, every insured person shall file with the
Commission, in a form provided by the Commission, a final planting
report for each insured crop.
(2) A final planting report filed with the Commission shall not be
amended without the consent in writing of the Commission.
16.— (1) The Commission may revise a final planting report in any
or all respects and adjust the premium accordingly and shall, after
any revision and adjustment, notify the insured person in writing
immediately of such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final planting report made by the Commission under
subsection (1) unless the insured person notifies the Commission in
writing that the insured person rejects the revision within ten days
after the Commission notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
70
Reg./Règl. 228
ASSURANCE-RECOLTE
Reg./Règl. 228
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notification from an insured
person under subsection (2), the Commission shall notify the insured
person in writing that the contract of insurance does not apply for the
crop year in respect of which the final planting report was filed.
(5) A final planting report revised under subsection (1) shall, if
no notice is given under subsection (2) by the insured person, be
deemed to be a final planting report for the insured crop in the crop
year.
17.— (1) Where an insured person does not file a final planting
report in accordance with this Regulation, the Commission may,
(a) prepare a final planting report in respect of the insured per-
(b) declare the insured crop to be nil.
(2) Where the Commission prepares a final planting report under
subsection (1), the Commission shall serve a copy of the report on
the insured person either by personal delivery or by mailing it to the
insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final planting report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed. O. Reg. 310/89, Sched.; O. Reg. 448/90,
s. 1.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario hereinafter
referred to as the "THE COMMISSION",
OF THE FIRST PART
and '
of the of
in the County of (as the case may be) of ,
hereinafter referred to as "THE INSURED PERSON",
OF THE SECOND PART
Whereas the insured person has applied for crop insurance on
greenhouse vegetables under The Ontario Crop Insurance Plan for
Greenhouse Vegetables, hereinafter referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario),
and the regulations made thereunder, where in a crop year the
insured person suffers a loss in the production of greenhouse vegeta-
bles resulting from one or more of the perils designated in the plan,
the Commission, subject to the terms and conditions hereinafter set
forth, agrees to indemnify the insured person in respect of such loss.
TERMS AND CONDITIONS
Insured Crop
1. In this contract, "insured crop" means greenhouse vegetables as
defined in the plan.
Causes of Loss Nor Insured Against
2. This contract does not insure against, and no indemnity shall be
paid in respect of a loss resulting from,
(a) the negligence, misconduct or poor farming practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
3.— (1) The insured person shall offer for insurance all areas
planted to the insured crop in each crop year in the greenhouse or
greenhouses operated by the insured person in Ontario and, subject
to subparagraph (2), this contract applies to all such areas.
(2) This contract does not apply to an area where the insured
crop has been harvested and removed from the greenhouse and the
insured person has replanted the area to the insured crop without
having paid a premium therefor.
Harvesting of Insured Crop
4. All greenhouse vegetables planted in a crop year shall be har-
vested unless the Commission, upon application therefor in writing,
consents in writing to the use of the greenhouse area or any part
thereof for another purpose.
Evaluation of Loss
5. — (1) Where loss or damage occurs before the 15th day of March
in a crop year, the Commission, upon application therefor in writing
by the insured person, may consent in writing to,
(a) replanting of the damaged crop to the insured crop;
(b) replanting of the damaged crop to an alternate crop; or
(c) the use of the damaged area for any other purpose and, in
such case, the Commission shall determine the number of
damaged plants and the potential production thereof.
(2) Where the damaged crop is replanted to the insured crop in
accordance with clause (1) (a), a benefit of $0.75 for each cucumber
plant and $0.50 for each tomato plant so replanted shall be paid and
the contract of insurance shall continue to apply to such replanted
crop.
(3) Despite subparagraph (2), the replanting benefit shall only be
payable to an insured person where a minimum of 200 plants is
replanted to the insured crop after the Commission has inspected the
area and approved the replanting in writing.
(4) Where the damaged acreage is replanted to an alternate crop
in accordance with clause (1) (b), the guaranteed production shall be
reduced by one-half for the replanted area and the loss calculated
thereunder shall be taken into account in the final adjustment of loss.
(5) Where the damaged area is used for any other purpose in
accordance with clause (1) (c), the loss calculated thereunder shall
be taken into account in the final adjustment of loss.
(6) Where harvesting has been completed for the insured crop.
71
Reg./Règl. 228
CROP INSURANCE
Reg./Règl. 228
the amount of loss that shall be taken into account in the final adjust-
ment of loss in respect of the total planted area shall be calculated by
multiplying the established price by the difference between the guar-
anteed production as amended by subparagraph (4) or (5) and the
actual production.
Incxdrrect Calculation in Final Planting Report
6. — (1) Where the actual number of greenhouse vegetables
planted in a crop year is less than the amount declared on the final
planting report, the total guaranteed production and the amount of
insurance shall be reduced proportionately and no premium shall be
refunded.
(2) Where the actual number of greenhouse vegetables planted in
a crop year exceeds the amount declared on the final planting report,
production from the total greenhouse vegetables planted shall be
counted and there shall be no increase in the total guaranteed pro-
duction or the maximum indemnity payable.
Misrepresentation, Violation of Conditions or Fraud
7.— (1) Where, in respect of an insured crop, the insured person,
(a) in an application for insurance or a final planting report,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the insured person's right
to recover indemnity is forfeited.
(2) Where an insured person,
(a) has coverage in respect of two or more crops; and
(b) forfeits the right to recover indemnity for one or more of
those crops under subparagraph (1),
the Commission may cancel the coverage obtained by the insured
person in respect of any other crop.
(3) Where the Commission cancels the coverage of a crop under
subparagraph (2), the right of the insured person to recover indem-
nity in respect of that crop is forfeited.
Waiver or Alteration
8. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
9. Even if a person other than the insured person holding an inter-
est of any kind in an insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the total guaranteed produc-
tion; and
(b) except as provided in paragraph 10, no indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
10. The insured person may assign all or part of the right to indem-
nity under this contract in a crop year in respect of an insured crop
but an assignment is not binding on the Commission and no payment
of indemnity shall be made to an assignee unless the Commission
consents to the assignment in writing.
Notice of Loss or Damage
11.— (1) Where loss or damage to an insured crop occurs and the
insured person intends to replant or use the planted area for another
purpose, the insured person shall notify the Commission in writing of
such intention and shall take no further action without the consent in
writing of the Commission.
(2) Where loss or damage to the insured crop occurs and the
damage was occasioned at a readily ascertainable time, the insured
person shall notify the Commission in writing within twenty-four
hours of such time.
(3) Where loss or damage to the insured crop occurs and it
appears, or ought reasonably to appear, to the insured person at any
time after planting and before the completion of harvesting of the
insured crop that the production of the insured crop may thereby be
reduced, the insured person shall, as soon as the loss or damage is
apparent, notify the Commission in writing.
(4) Despite any notice given by the insured person under this
paragraph, where, on completion of harvesting of an insured crop,
actual production is less than the total guaranteed production, the
insured person shall notify the Commission in writing forthwith.
12.— (1) When the insured person experiences a loss or damage to
the insured crop, the Commission may cause the production of an
insured crop to be appraised by any method that it considers proper.
(2) The loss in respect of an insured crop and the amount of
indemnify payable therefor shall be determined separately for each
insured crop.
(3) No indemnify shall be paid for a loss in respect of an insured
crop unless the insured person,
(a) establishes the actual production obtained from the insured
crop for the crop year;
(b) establishes that the loss in production in the crop year
resulted directly from one or more of the perils insured
against; and
(c) provides the Commission with such books, records, docu-
ments or things as it may require to substantiate the loss in
production.
Proof of Loss
13.— (1) A claim for indemnity in respect of an insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sbcfy days after the
earlier of,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year in which the loss occurred.
(2) Subject to subparagraph (3), a claim for indemnify shall be
made by the insured person.
(3) A claim for indemnify may be made.
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ASSURANCE-RECOLTE
Reg./Règl. 229
(a) in the case of the absence or inability of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inabihty of the insured person
or on the failure or refusal of the insured person to do so,
by an assignee under an assignment made in accordance
with paragraph 10.
Arbitration
14. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
15.— (1) Except as otherwise provided in the endorsement for an
insured crop, no indemnity under this contract becomes due and pay-
able until the end of the crop year in which the loss or damage was
sustained.
(2) When the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
16. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
17. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Death or Assignment Under the Bankruptcy Act (Canada)
18. This contract terminates in respect of each insured crop at the
end of the crop year in which the death of the insured person occurs
or an authorized assignment is made by the insured person under the
Bankruptcy Act (Canada).
Notice
19.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be served by per-
sonal delivery or by mailing it to the insured person's last known
address on file with the Commission.
(3) A written notice that is mailed shall be deemed to be served
three days after it is mailed.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Duly Authorized
Representative
General Manager
O. Reg. 310/89, Form 1; O. Reg. 448/90, s. 2.
REGULATION 229
CROP INSURANCE PLAN FOR
HAY AND PASTURE
1. The plan in the Schedule is established for the insurance within
Ontario of hay and pasture. R.R.O. 1980, Reg. 210, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Hay and Pasture".
2. The purpose of this plan is to provide for insurance against a
loss in the production of hay or pasture resulting from one or more of
the perils designated in section 4.
Definitions
3. In this plan.
Countersigned and dated at
this day of
.,19...
"hay and pasture" means feed for livestock produced from grasses or
legumes and,
(a) fed as pasture, or
(b) cut and stored as hay or hay silage;
"normal production" means the value of production which might
reasonably be expected from the insured acreage computed by the
Commission on such basis as it approves.
Designation of Perils
4. The following are designated as perils for the purposes of this
plan:
1 . Lack of heat.
2. Lack of rainfall.
3. Lack of sunshine.
Designation of Crop Year
5. The crop year for hay and pasture is the period from the 1st day
of March in any year to the 31st day of August next following.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
hay and pasture shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) an endorsement for hay and pasture in Form 1;
(c) an application for insurance; and
(d) any amendment to a document referred to in clause (a), (b)
or (c) agreed upon in writing.
73
Reg./Règl. 229
CROP INSURANCE
Reg./Règl. 229
7. An application for insurance shall,
(a) be accompanied by the full premium which shall be a mini-
mum of $50; and
(b) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which it is made or such
other date as may be determined from time to time by the
Commission.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to be effective.
Coverage
9.— (1) The maximum coverage per acre shall be computed by the
Commission on the basis of soil type, crop management and such
other basis as the Commission may approve.
(2) The insured person may select coverage per acre in any
amount up to the maximum coverage as determined under subsec-
tion (1).
10. The maximum amount for which the Commission is liable
under a contract of insurance is the coverage per acre multiplied by
the number of insured acres.
Premiums
(4) The plan's loss to coverage ratio shall be calculated by divid-
ing the total dollar value of the payments made by the Commission in
respect of all claims made by insured persons under the plan for the
number of years the plan has been in effect, by the total dollar value
of coverage extended by the plan for the number of years it has been
in effect, multiplied by 100.
(5) The premium calculated in accordance with subsections (1),
(2), (3) and (4) excludes payments in respect of premiums made by
the Government of Canada under the Crop Insurance Act (Canada).
R.R.O. 1980, Reg. 210, Sched.; O. Reg. 50/83, s. 1; O. Reg. 145/84,
ss. 1, 2; O. Reg. 466/84, ss. 1-3; O. Reg. 461/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
HAY AND PASTURE ENDORSEMENT
Whereas the insured person has applied for crop insurance for
hay and pasture under The Ontario Crop Insurance Plan for Hay and
Pasture, hereinafter referred to as "the plan", and has paid the pre-
mium prescribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover hay and pasture.
Harvesting of Insured Acreage
1 . All acreage seeded to hay in a crop year shall be harvested or
pastured unless the Commission, upon application therefor in writ-
ing, consents in writing to.
11.— (1) The Commission shall calculate the premium payable in
the crop year by applying to the coverage selected for each acre of
the insured crop a premium rate computed in accordance with the
following formula:
4% (100 + A)
in which "A" is the surcharge or discount computed in accordance
with subsection (2).
(2) The Commission shall calculate the surcharge or discount
using the following formula:
W]
100
in which.
"B" is the lesser of,
(i) the number of years the insured person has been enrolled in
the plan, and
(ii) nine years,
"C" is the insured person's loss to coverage ratio, and
"D" is the plan's loss to coverage ratio.
(3) The insured person's loss to coverage ratio shall be calculated
by dividing the total dollar value of the payments made by the Com-
mission to the insured person for the number of years the insured
person has been enrolled in the plan by the total dollar value of the
insured person's coverage for the number of years the insured person
has been enrolled in the plan, multiplied by 100.
(a) the use of the insured acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
Evaluation of Loss
2. The actual production of the insured acreage shall be computed
by the Commission on the basis of daily temperature, hours of sun-
light and rainfall for the area in which the insured acreage is situate,
or on such other basis as the Commission approves.
3.— (1) Where the actual production determined under paragraph
2 is less than the normal production for that acreage as computed by
the Commission, the amount of loss shall be calculated by the Com-
mission as a percentage of the total coverage.
(2) The percentage of the total coverage mentioned in subsection
(1) shall be calculated by subtracting the percentage yield for the
crop year as computed by the Commission from 80 per cent of the
normal production as computed by the Commission and multiplying
the result thereof by two.
Incorrect Acreage
4. Where the actual acreage of hay or pasture in a crop year is less
than the acreage declared on the application, the amount of insur-
ance may be reduced proportionately.
R.R.O. 1980, Reg. 210, Form 1; O. Reg. 466/84, s. 4.
74
Reg./Règl. 230
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Reg./Règl. 230
REGULATION 230
CROP INSURANCE PIAN FOR HONEY
1. The plan in the Schedule is established for the insurance within
Ontario of honey. O. Reg. 605/88, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Honey".
2. The purpose of this plan is to provide for insurance against a
loss in the production of honey resulting from one or more of the
perils designated in section 4.
Dernitions
3. In this plan.
"average farm yield" means the average of previous yields per insur-
able hive,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the hive production records
of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the hive production records of the insured
person or on another basis that is reasonable in the circum-
stances, where the insured person has not been enrolled in
the plan for ten years;
"establishment" means a plant, factory or premises where honey is
extracted, packed, processed or used in connection with any man-
ufacturing process and includes a packing plant and a pasteurizing
plant;
"honey" means pure honey produced in Ontario.
Designation of Perils
4. The following are designated as perils for the purposes of this
plan:
1. Cool weather.
2. Disease in the bees.
3. Drought.
4. Excessive moisture.
5. Excessive rainfall.
6. Flood.
7. Frost.
8. Hail.
9. Pest infestation.
10. Wildlife.
11. Wind.
Designation of Crop Year
5. The crop year for honey is the period from the 1st day of May in
any year to the last day of April of the next year.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
honey is comprised of,
(a) the contract of insurance in Form 1;
(b) the application for insurance; and
(c) the final hive report for each crop year.
be.
7. An appUcation for insurance or for renewal of insurance shall
(a) in a form provided by the Commission;
(b) accompanied by a minimum premium deposit of $100; and
(c) filed with the Commission not later than the 1st day of May
in the crop year in respect of which it is made.
8. All hives in which the insured person has a substantial interest
shall be insured under one contract.
Duration of Contract
9.— (1) A contract of insurance is in force for the crop year in
respect of which it is made and continues in force for each crop year
thereafter until cancelled by the insured person or the Commission in
the manner set out in subsection (2) or otherwise terminated in
accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by written notice to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to take effect.
Coverage
10. For the purpose of calculating the average farm yield, the
Commission shall, on an annual basis, compare the actual yield in
each year of the ten-year period used to calculate the average farm
yield with the average yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual 2 rActual_ /Average v i ^ \"|
Yield Yield 3 L Yield \ Yield ' /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual , 2 F/ Average
Yield Yield
r/ Average ^ q .^N Actual "I
L\ Yield ■ / Yield J
11.— (1) The initial coverage provided under a contract of insur-
ance shall be 70 per cent of the average farm yield in pounds multi-
plied by the total number of insurable hives.
(2) The coverage provided under a contract of insurance follow-
ing a year in which there was no claim shall be,
(a) if the previous year's coverage was 70 per cent, 73 per cent;
(b) if the previous year's coverage was 73 per cent, 75 per cent;
(c) if the previous year's coverage was 75 per cent, 78 per cent;
(d) if the previous year's coverage was 78 per cent, 80 per cent;
and
75
Reg./Règl. 230
CROP INSURANCE
Reg./Règl. 230
(e) if the previous year's coverage was 80 per cent, 80 per cent,
of the average farm yield in pounds multiplied by the total number of
insurable hives.
(3) The coverage provided under a contract of insurance follow-
ing a year in which there was a claim shall be,
(a) if the previous year's coverage was 80 per cent, 78 per cent;
(b) if the previous year's coverage was 78 per cent, 75 per cent;
(c) if the previous year's coverage was 75 per cent, 73 per cent;
(d) if the previous year's coverage was 73 per cent, 70 per cent;
and
(2) The insured person shall be deemed to have agreed with the
correction of the hive report made under subsection (1) unless the
insured person notifies the Commission in writing that the insured
person rejects the correction within ten days after the Commission
notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Upon notice that a correction is not acceptable, the contract
of insurance ceases to apply for the crop year in respect of which the
final hive report was filed and the Commission shall refund any pre-
mium or premium deposit paid in respect of that crop year.
(e) if the previous year's coverage was 70 per cent, 70 per cent,
of the average farm yield in pounds multiplied by the total number of
insurable hives.
(4) Despite subsections (2) and (3), if in any year a claim is paid
in an amount that is less than one-half of the total premium for that
year, the coverage for the following year shall remain unchanged.
12. For the purpose of this plan, the established price for honey is,
(a) $0.50 per pound; or
(b) $0.60 per pound.
13. For the purposes of section 11, the maximum amount for which
the Commission is liable under a contract of insurance for a loss in
production is the amount obtained by multiplying the coverage
determined under that section by the established price under section
12.
Premium
14.— (1) The total premium for honey is,
(a) $4.60 per hive where the established price is $0.50 per
pound; or
(b) $5.60 per hive where the established price is $0.60 per
pound.
(2) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
15. The insured person shall pay the premium to the Commission,
(a) at the time the final hive report is filed; or
(b) at the time set out in subsection 18 (3).
Final Hive Report
16.— (1) Every insured person shall file with the Commission not
later than the 1st day of July in each crop year a final hive report set-
ting out the total number of insurable hives in a form provided by the
Commission.
(2) Weak hives shall not be included in the calculation of the total
number of insurable hives made under subsection (1).
(3) A final hive report filed with the Commission shall not be
amended without the written consent of the Commission.
17.— (1) When the final hive report is inaccurate, the Commission
may correct it and adjust the premium accordingly and shall notify
the insured person in writing forthwith of the correction and the rea-
son for it.
(5) If no notice is given under subsection (2), a final hive report
corrected under this section constitutes the final hive report for the
crop year.
18.— (1) If an insured person in any crop year fails to file a final
hive report as required by this Regulation, the Commission may,
(a) prepare the final hive report; or
(b) declare the number of insured hives to be nil.
(2) The Commission shall serve a copy of a final hive report made
under subsection (1) on the insured person either by personal deliv-
ery or by mailing it to the insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final hive report is prepared by the Commission
within ten days after the insured person has been served with a copy
of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Insurability
19. In order to be insurable, a person must be registered under the
Bees Act to keep bees.
20. For the purposes of this plan, the minimum number of insur-
able hives is fifty.
21.— (1) In order to be insurable, a hive must be properly stocked
with bees known ai Apis mellifera.
(2) Hives intended for the production of new queen bees are not
insurable. O. Reg. 605/88, Sched.; O. Reg. 313/89, s. 1; O. Reg.
468/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinafter
referred to as the "Commission"
of the first part
76
Reg./Règl. 230
ASSURANCE-RECOLTE
Reg./Règl. 230
■ and -
of the of
in the County (or as the case may be) of
hereinafter referred to as the "INSURED PERSON"
OF THE SECOND PART
Whereas the insured person has applied for crop insurance on
honey under the Ontario Crop Insurance Plan — Honey, hereinafter
referred to as the "plan".
Now Therefore, subject to the Crop Insurance Act (Ontario),
and the regulations made thereunder, where in a crop year the
insured person suffers a loss in the production of honey resulting
from one or more of the perils designated in the plan, the Commis-
sion, subject to the terms and conditions hereinafter set forth, agrees
to indemnify the insured person in respect of such loss.
TERMS AND CONDITIONS
Causes of Loss Not Insured Against
1. This contract does not apply to and no indemnity shall be paid
in respect of a loss in the production of the insured crop resulting
from,
(a) the negligence, misconduct or poor production practices of
the insured person or of an agent or employee of the
insured person;
(b) a shortage of labour or equipment;
(c) pest infestation or disease in the bees unless recommended
control programs were followed; and
(d) a peril other than the perils designated in the plan.
Extent of Insurance
2. The insured person shall offer for insurance all insurable hives
in Ontario in which the insured person has a substantial interest and
this contract of insurance applies to all such hives.
Incorrect Number of Hives in Final Hive Report
3.— (1) If the actual number of insurable hives in a crop year is
fewer than the number declared in the final hive report,
(a) the coverage shall be decreased proportionately in calculat-
ing whether there has been a loss; and
(b) the actual production shall be used in calculating the aver-
age farm yield in order to determine coverage for the fol-
lowing crop year.
(2) If the actual number of insurable hives in a crop year is fewer
than the number declared in the final hive report, the Commission
shall not refund any part of the premium.
(3) If the number of insurable hives in a crop year exceeds the
number declared in the final hive report, the actual production shall
be used in calculating whether there has been a loss and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced in proportion to the number of
hives declared in the final hive report.
in calculating the average farm yield in order to determine coverage
for the following crop year.
Harvesting of Hives
4.— (1) All hives insured in the crop year shall be harvested unless
the Commission, upon written application, consents in writing to the
abandonment or destruction of the insured crop or any part of it.
(2) If the harvesting of any hives is not completed and the failure
to harvest was not caused by a designated peril, the contract of insur-
ance ceases to apply to the unharvested hives and no indemnity shall
be payable for it.
Misrepresentation, Violation of Conditions or Fraud
5. A claim by the insured person under this contract is invalid and
the right of the insured person to recover indemnity is forfeited if
that person,
(a) in the application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated in the application;
(b) contravenes a term or condition of this contract;
(c) commits a fraud in respect of the insured crop; or
(d) knowingly makes a false statement in respect of a claim
under this contract.
Waiver or Alteration
6. No term or condition of this contract is deemed to be waived or
altered in whole or in part by the Commission unless the waiver or
alteration is clearly expressed in writing and signed by the Commis-
sion or a representative authorized for that purpose by the Commis-
sion.
Assignment of Rights to Indemnity
7.— (1) The insured person may assign all or part of the right to
indemnity under this contract in respect of the insured crop.
(2) An assignment is not binding on the Commission and the
Commission shall not pay an indemnity to an assignee unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission gives written consent to the assignment.
Interest of Other Persons
8. Despite the interest of any person other than the insured in the
insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the coverage; and
(b) except as provided in paragraph 7, no indemnity shall be
paid to any person other than the insured person.
Evaluation of Loss
9.— (1) The amount of loss that is taken into account in the final
adjustment of loss in respect of the total number of insured hives
shall be calculated by multiplying the established price by the differ-
ence between the coverage and the actual production.
77
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CROP INSURANCE
Reg./Règl. 230
(2) For the purpose of subparagraph (1), actual production
includes,
(a) production delivered to and accepted by an establishment;
(b) production delivered to and rejected by an establishment
unless the rejection resulted from a designated peril;
(c) production harvested but not delivered to an establishment;
and
(d) potential production of wholly or partially unharvested
hives unless unharvested due to normal production prac-
tices or unless the failure to harvest resulted from a desig-
nated peril.
(3) For the purpose of calculating actual production, comb honey
yields shall be multiplied by a factor of 3, irrespective of whether loss
occurs under subparagraph (1).
Notice of Loss or Damage
10.— (1) When loss or damage to the insured crop occurs and the
insured person intends to abandon or destroy the insured crop, the
insured person shall notify the Commission in writing of the inten-
tion and shall take no further action without the written consent of
the Commission.
(2) When loss or damage to the insured crop occurs and the dam-
age was occasioned at a readily ascertainable time, the insured per-
son shall notify the Commission in writing within twenty-four hours
of that time.
(3) When loss or damage to the insured crop occurs and it
appears or ought reasonably to appear, to the insured person at any
time before the completion of harvesting of the insured crop that the
production of the insured crop may be reduced by the loss or dam-
age, the insured person shall notify the Commission in writing as
soon as the loss or damage is apparent.
(4) Despite any notice given by the insured person under this
paragraph, when, on completion of harvesting of the insured crop,
the actual production is less than the coverage, the insured person
shall notify the Commission in writing forthwith.
Abandonment OR Destruction
11.— (1) The insured crop shall not be abandoned or destroyed
until the Commission has appraised the potential production of the
hives using an appraisal method that is reasonable in the circum-
stances.
(2) An appraisal made under subparagraph (1) shall not be taken
into account in the final adjustment of loss where the insured person
harvests the appraised hives.
Adjustment of Loss
12.— (1) When the insured person experiences a loss or damage to
the insured crop, the Commission may cause the production of the
insured crop to be appraised by any method that is reasonable in the
circumstances.
(2) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) what actual production was obtained from the insured crop
for the crop year; and
(b) that the loss in production or part thereof resulted directly
from one or more of the designated perils.
(3) Where a loss in production resulted partly from a designated
peril and partly from a cause of loss not insured against, the Commis-
sion shall determine the amount of the loss that resulted from the
cause of loss not insured against and shall reduce the indemnity pay-
able under this contract accordingly.
(4) Subject to subparagraph (5), the indemnity payable with
respect to the total number of insured hives, in the final adjustment
of loss, shall be the sum of all loss calculations applicable to such
hives.
(5) When the actual production of any harvested hives exceeds
the coverage applicable to those hives, the indemnity otherwise pay-
able for a loss in production shall be reduced by the amount obtained
by multiplying the excess by the established price.
Proof of Loss
13.— (1) An insured person, except as set out in subparagraph (2),
shall claim an indemnity in respect of the insured crop on a Proof of
Loss Form provided by the Commission and shall file the form with
the Commission not later than sixty days after the earlier of,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year.
(2) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by an authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made under paragraph 7.
(3) When it is reasonable in the circumstances, the information
given in a Proof of Loss Form shall be verified by statutory declara-
tion.
Arbitration
14. When the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with
Regulation 215 of Revised Regulations of Ontario, 1990.
15.-
until.
Time for Payment of Indemnity
-(1) No indemnity under this contract is due and payable
(a) the end of the crop year; and
(b) the payment in full of the premium.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a Proof of Loss Form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the Proof of Loss
Form or award, as the case may be.
Subrogation
16. When the Commission has paid a claim for indemnity under
this contract, the Commission is subrogated to the extent of the pay-
ment to all rights of recovery of the insured person against any per-
son and may bring action in the name of the insured person to
enforce those rights.
Right of Entry
17. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time for any purpose related to the contract of insur-
ance.
78
Reg./Règl. 230
ASSURANCE-RECOLTE
Reg./Règl. 231
Notice
18.— (1) Any written notice to the Commission shall be given by
delivering it or mailing it to the Commission.
(2) Written notice to the insured
mg it or mailing it to the insured person at tne
post office address on file with the Commission.
(2) Wntten notice to the msured person shall be given by deliver-
ing it or mailing it to the insured person at the insured person's last
nnst office addres.s on file with the Commission.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at
this day of
.,19..
Duly Authorized
Representative
General Manager
O. Reg. 605/88, Form 1; O. Reg. 468/90, s. 2.
REGULATION 231
CROP INSURANCE PLAN FOR UMA BEANS
1. The plan in the Schedule is established for the insurance within
Ontario of lima beans. R.R.O. 1980, Reg. 212, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Lima Beans".
2. The purpose of this plan is to provide for insurance against a
loss in the production of lima beans resulting from one or more of
the perils designated in section 4.
Definitigns
3. In this plan.
"average farm yield" means the average of previous yields of the
planted acreage computed by the Commission on the basis of acre-
age production records of the insured person or such other basis as
the Commission determines;
"processor" means a person engaged in the business of processing
lima beans;
"lima beans" means lima beans produced in Ontario for processing;
"ton" means 2,000 pounds.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
11. Any adverse weather condition.
Designation of Crop Year
5. The crop year for lima beans is the period from the 1st day of
March in any year to the ISth day of October next following.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
lima beans shall be deemed to be comprised of,
(a) the contract of insurance in Form 1;
(b) the application for insurance; and
(c) an amendment to any document referred to in clause (a) or
(b) agreed upon in writing.
7. An application for insurance shall, be filed with the Commission
not later than the 1st day of May or such other date as may be deter-
mined from time to time by the Commission.
Duration of Contract
8. A contract of insurance shall be in force for the crop year in
respect of which it is made unless it is terminated in accordance with
the regulations.
Coverage
9. The total guaranteed production under a contract of insurance is
80 per cent of the average farm yield of the insured person as deter-
mined by the Commission multiplied by the number of insured acres.
10. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance shall be the amount
obtained by multiplying the total guaranteed production determined
under section 9 by the established price per ton determined under
section 11.
11. The established price for lima beans shall be determined by the
Commission in each crop year on the basis of the grower-processor
marketing agreement.
Premiums
12.— (1) The total premium payable in respect of acreage under
contract to a processor is $76 per acre.
(2) Despite any authorization by an insured person in an applica-
tion for insurance, the payment of the premium in respect of the con-
tract of insurance is the responsibility of the insured person and such
premium shall be paid in any event not later than the 15th day of
October in the crop year.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
Final Date for Seeding
13. For the purposes of this plan, the final date for planting lima
79
Reg./Règl. 231
CROP INSURANCE
Reg./Règl. 231
beans in a crop year is the 1st day of July or such other date as may
be determined from time to time Ijy the Commission.
Final Date for Harvesting
14. For the purposes of this plan, the final date for harvesting lima
beans in a crop year is the 15th day of October or such other date as
may be determined from time to time by the Commission. R.R.O.
1980, Reg. 212, Sched.; O. Reg. 350/81, s. 1; O. Reg. 503/82, s. 1;
O. Reg. 358/84, s. 1; O. Reg. 206/86, s. 1; O. Reg. 317/87, ss. 1-3;
O. Reg. 457/90, s. 1.
TABLE
Percentage By-passed
Maximum Insurance
of Total Acreage
Liability
Contracted by
(percentage of
Processing Plant
average farm yield)
4.9 per cent or less
80
5 - 8.9 per cent
70
9 -12.9 per cent
60
13 per cent or more
50
R.R.O. 1980, Reg. 212, Table; O. Reg. 206/86, s. 2.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinaf-
ter referred to as "THE COMMISSION",
of the first part
-and-
of the of
in the County (or as the case may be) of
hereinafter referred to as "THE INSURED PERSON",
of the second part
Whereas the insured person has applied for crop insurance on
lima beans under The Ontario Crop Insurance Plan for Lima Beans
hereinafter referred to as "the plan".
Now Therefore, subject to the Crop Insurance Act (Ontario),
and the regulations made thereunder, where in a crop year the
insured person suffers a loss in the production of lima beans resulting
from one or more of the perils designated in the plan, the Commis-
sion, subject to the terms and conditions hereinafter set forth, agrees
to indemnify the insured person in respect of such loss.
TERMS AND CONDITIONS
Causes of Loss Not Insured Against
1. This contract does not insure against, and no indemnity shall be
paid in respect of a loss in the production of the insured crop result-
ing from,
(a) the negligence, misconduct or poor fanning practices of the
insured person or the person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease unless recommended
spray programs were followed; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
2.— (1) The insured person shall offer for insurance all acreage
planted in the crop year to lima beans on the farm or farms operated
by the person in Ontario, whether grown under contract or not and,
subject to subparagraph (2), this contract applies to all such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes;
(b) that was planted after the final date prescribed for planting
in the plan; or
(c) that, in the opinion of the Commission, is not insurable.
Variation in Planted Acreage
3.— (1) Where the acreage planted by the insured person in the
crop year is not the same as that stated in the application for insur-
ance, the insured person shall, not later than the 15th day of July or
such other date as may be determined by the Commission, notify the
Commission in writing of the actual acreage planted.
(2) Where the actual planted acreage of the insured crop is less
than that stated in the application for insurance, the total guaranteed
production and the maximum amount of the indemnity shall be
reduced proportionately.
(3) Where the actual planted acreage of the insured crop is more
than that stated in the application for insurance, unless the processor
increases the contract acreage accordingly, the total guaranteed pro-
duction, the maximum amount of indemnity and the premium pay-
able shall not be increased but the production from the total planted
acreage shall be included in establishing the production of the
insured person.
Harvesting of Planted Acreage
4.— (1) All acreage planted to the insured crop in the crop year
shall be harvested as lima beans for processing unless the Commis-
sion, upon application therefor in writing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) The final date for the harvesting referred to in subparagraph
(1) is the 15th day of October or such other date as may be deter-
mined from time to time by the Commission.
(3) Where the harvesting of any planted acreage is not completed
on the date prescribed by subparagraph (2), the insured person shall
forthwith notify the Commission in writing.
(4) Where an insured person fails to notify the Commission in
accordance with subparagraph (3), no indemnify shall be paid in
respect of the unharvested acreage.
Misrepresentation, Violation of Conditions or Fraud
5. Where the insured person,
(a) in an application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
80
Reg./Règl. 231
ASSURANCE-RECOLTE
Reg./Règl. 231
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the person's right to
recover indemnity is forfeited.
Waiver or Alteration
6. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
7. Even if a person other than the insured person holds an interest
of any kind in the insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the total guaranteed produc-
tion; and
(b) except as provided in paragraph 8, no Indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
8. The insured person may assign all or part of the person's right to
indemnity under this contract in respect of the insured crop but an
assignment is not binding on the Commission and no payment of
indemnity shall be made to an assignee unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Evaluation of Lxjss
9.— (1) Where the planting of three acres or more of lima beans
before the final planting date is prevented by one or more of the des-
ignated perils, an indemnity shall be paid in respect of each
unplanted acre calculated on the basis of 20 per cent of the guaran-
teed production per acre multiplied by the established price per ton.
(2) Any acreage in respect of which an indemnity is paid under
subparagraph (1) shall be released from the contract of insurance,
the guaranteed production and indemnity payable shall be reduced
accordingly and the production from any such acreage planted to
lima beans after the final planting date shall not be taken into
account in calculating the average farm yield.
10.— (1) Where loss or damage to three acres or more of the
insured crop occurs at any time following the planting of the insured
crop or any part thereof, the Commission, upon application therefor
in writing by the insured person, may consent in writing to,
(a) the replanting of the damaged acreage, if the replanting is
completed not later than the 1st day of July;
(b) the use of the damaged acreage for an alternate crop; or
(c) the abandonment or destruction of the insured crop on such
damaged acreage.
(2) Where the damaged acreage is replanted to lima beans in
accordance with clause (1) (a), the Commission shall pay to the
insured person a supplementary benefit of $25 for each acre
replanted and the contract of insurance shall continue to apply to
such replanted acreage.
(3) Where the damaged acreage is used for an alternate crop in
accordance with clause (1) (b), the Commission shall pay to the
insured person a supplementary benefit of $25 for each acre
replanted, the replanted acreage shall be released from the contract
of insurance and the guaranteed production and indemnity payable
shall be reduced accordingly.
11.— (1) Where harvesting has been completed, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per ton.
(2) For the purpose of subparagraph (1), actual production shall
include,
(a) production delivered to and accepted by a processor;
(b) production delivered to and rejected by a processor unless
the rejection resulted from a cause of loss designated in the
plan;
(c) production harvested but not delivered to a processor; and
(d) potential production of wholly or partially unharvested
acreage unless the failure to harvest resulted from a cause
of loss designated in the plan.
(3) Despite subparagraph (1), where all or any part of the insured
acreage is by-passed due to an insured peril, the Commission, upon
application therefor in writing by the insured person, may consent in
writing to the release from the contract of insurance of the by-passed
acreage and adjust the loss on such acreage without regard to the
production of any remaining acreage.
(4) Despite subparagraph (1), the indemnity payable in respect of
by-passed acreage shall be calculated on the basis of the by-passing
record of the processing plant to whom the crop is contracted in
accordance with the Table.
Notice of Loss or Damage
12.— (1) Where loss or damage to the insured crop occurs and the
insured person intends to abandon or destroy the insured crop, or to
replant or use the planted acreage for another purpose, the insured
person shall notify the Commission in writing of such intention and
shall take no further action without the consent in writing of the
Commission.
(2) Where loss or damage to the insured crop occurs and the
damage was occasioned at a readily ascertainable time, the insured
person shall notify the Commission in writing within twenty-four
hours of such time.
(3) Where loss or damage to the insured crop occurs and it
appears, or ought reasonably to appear, to the insured person at any
time after planting and before the completion of harvesting of the
insured crop that the production of the insured crop may thereby be
reduced, the insured person shall, as soon as the loss or damage is
apparent, notify the Conunission in writing forthwith.
(4) Despite any notice given by the insured person under this
paragraph, where on completion of harvesting of the insured crop
the actual production is less than the total guaranteed production,
the insured person shall notify the Commission in writing forthwith.
Notice of By-Passing
13. Where acreage is by-passed by the processor, the insured per-
81
Reg./Règl. 231
CROP INSURANCE
Reg./Règl. 232
son shall notify the Commission forthwith by telephone and confirm
in writing within twenty-four hours.
Abandonment, Destruction or Alternate Use
14.— (1) Acreage planted to the insured crop shall not be put to
another use and the insured crop shall not be abandoned or
destroyed until the Commission has appraised the potential produc-
tion of the acreage.
(2) An appraisal made under subparagraph (1) shall not be taken
into account in the final adjustment of loss where the insured person
harvests the appraised acreage.
Adjustment of Loss
15.— (1) The indemnity payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it considers proper.
(3) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) the actual production obtained from the insured crop for
the crop year; and
(b) that the loss in production or part thereof resulted directly
from one or more of the perils insured against.
(4) Where a loss in production resulted partly from a peril
insured against and partly from a cause of loss not insured against,
the Commission shall determine the amount of the loss that resulted
from the cause of loss not insured against, and the indemnity payable
by the Commission under this contract shall be reduced accordingly.
(5) The indemnity payable with respect to the total planted acre-
age in the final adjustment of loss shall be the sum of all loss calcula-
tions applicable to such acreage, but where the actual production of
any harvested acreage exceeds the guaranteed production of such
acreage, the indemnity otherwise payable for a loss in production
shall be reduced by the amount obtained by multiplying such excess
by the established price per ton.
Proof of Loss
16.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year,
whichever is the earlier.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the person's failure or refusal to do so, by an assignee
under an assignment made in accordance with paragraph 8.
(4) Where required by the Commission, the information given in
a proof of loss form shall be verified by statutory declaration.
Arbitration
17. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
18.— (1) No indemnity under this contract becomes due and pay-
able until,
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
19. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
20. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Notice
21.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be given by delivery
thereof or by sending it by mail addressed to the insured person at
the person's last post office address on file with the Commission.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at
this day of
.,19..
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 212, Form 1; O. Reg. 503/82, s. 2; O. Reg.
358/84, s. 2; O. Reg. 206/86, s. 3; O. Reg. 317/87, s. 4.
REGULATION 232
CROP INSURANCE PLAN FOR OIL SEED
1. The plan in the Schedule is established for the insurance within
Ontario of oil seed. O. Reg. 297/84, s. 1 .
82
Reg./Règl. 232
ASSURANCE-RECOLTE
Reg./Règl. 232
Schedule
Crop Insurance Act (Ontario)
PART I-PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Cil Seed".
2. The purpose of this plan is to provide for insurance against a
loss in the production of oil seed resulting from one or more of the
perils designated in section 4.
Dehnitions
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"bushel", where used in respect of soybeans, means 60 pounds of
soybeans whose moisture content does not exceed 14 per cent;
"canola" means canola whose moisture content does not exceed 10
per cent;
"oil seed" means canola or soybeans, or both, that are produced in
Ontario.
Designation of Perils
4. The following are designated as perils for the purposes of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
Designation of Crop Year
5. The crop year for oil seed is the period from the 1st day of
March in any year to the 30th day of June in the calendar year next
following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for oil seed shall be deemed to be comprised of.
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) an endorsement for oil seed in Form 1;
(c) the application for insurance;
(d) the final acreage report for each crop year; and
(e) any amendment to a document referred to in clause (a),
(b), (c) or (d) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a minimum premium deposit of $1 per
acre; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which it is made.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to be effective.
9. — (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
plants acreage to oil seed.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, if
any, to the Commission at the time the person files the final acreage
report prescribed by section 10.
Final Acreage Reports
10.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the planting of acreage to oil seed is
completed.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
11.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and shall
notify the insured person in writing forthwith respecting any revision
and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the insured person notifies the Commission in
writing that the person rejects the revision within ten days after the
Commission notification is served on the person.
(3) For the purpose of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed and shall refund
any premium or premium deposit paid in respect of that crop year.
R3
Reg./Règl. 232
CROP INSURANCE
Reg./Règl. 232
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
12.— (1) Where an insured person in any crop year fails to file a
final acreage report as required by subsection 10 (1), the Commis-
sion may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) The Commission shall serve a copy of a final acreage report
made under subsection (1) on the insured person either by personal
delivery or by mailing it to the insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Final Planting Date
13. For the purposes of this plan, the final date for planting oil
seed in a crop year is the 1st day of July or such other date as may be
determined from time to time by the Commission.
PART II-CANOLA
14. For the purpose of calculating the average farm yield for
canola, the Commission shall, on an annual basis, compare the
actual yield in each year of the ten-year period used to calculate the
average farm yield with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula,
Adjusted_Actual_2rActual_ /Average , -i \"|
Yield Yield 51 Yield \ Yield ' /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual
Yield Yield
-I- ? r/ Average ^ q ^\_ Actual "1
3L\ Yield ' / Yield J
15.— (1) Subject to subsections (4) and (5), the initial coverage
provided under a contract of insurance shall be 75 per cent of the
average farm yield in pounds of the total acreage planted to canola
by the insured person.
(2) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was no
claim shall be,
(a) where the previous year's coverage was 70 per cent, 73 per
cent;
(b) where the previous year's coverage was 73 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 78 per
cent;
(d) where the previous year's coverage was 78 per cent, 80 per
cent; and
(e) where the previous year's coverage was 80 per cent, 80 per
cent.
of the average farm yield in pounds of the total acreage planted to
canola by the insured person.
(3) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was a
claim shall be,
(a) where the previous year's coverage was 80 per cent, 78 per
cent;
(b) where the previous year's coverage was 78 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent; and
(e) where the previous year's coverage was 70 per cent, 70 per
cent,
of the average farm yield in pounds of the total acreage planted to
canola by the insured person.
(4) Where, in any year, a claim is paid in an amount that is less
than one-half of the total premium for that year, the coverage for the
following year shall remain unchanged.
(5) Despite clause (3) (a), the coverage provided under a con-
tract of insurance following a year in which there was a claim shall be
80 per cent where,
(a) the insured person has had coverage and an actual farm
yield for at least five years; and
(b) the previous year's coverage was 80 per cent.
16. The maximum indemnity payable for a loss in production of
canola in a crop year is the amount obtained by multiplying the total
guaranteed production determined under section 15 by the estab-
lished price per pound determined under section 17.
17.— (1) For the purpose of this plan, the established price for
canola is,
(a) $0.09 per pound;
(b) $0.11 per pound; or
(c) the floating price per pound determined under subsection
(2).
(2) The floating price per pound is the greater of,
(a) $0.10 per pound; and
(b) the average calculated by the Commission of the daily
prices per pound of canola at Hamilton and Windsor,
Ontario as determined by the Farm Market News for the
period from the 15th day of August to the 7th day of Sep-
tember in a crop year, minus $0.002 per pound.
18.— (1) The total premium for canola is,
(a) $11.80 per acre where the established price is $0.09 per
pound;
(b) $14.60 per acre where the established price is $0.11 per
pound;
(c) $17.80 per acre where the established price is the floating
price per pound.
(2) The premium prescribed by subsection (1) includes payments
84
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ASSURANCE-RECOLTE
Reg./Règl. 232
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
(3) Despite subsection (1), the total premium is 80 per cent of the
total premium prescribed by subsection (1) if,
(a) the coverage is 80 per cent and the insured person has had
coverage and an actual farm yield for at least five years; and
(b) based on Commission records, total premiums paid by the
insured person for canola exceed indemnity paid.
PART III-SOYBEANS
19. For the purpose of calculating the average farm yield for soy-
beans, the Commission shall, on an annual basis,
(a) calculate for each year in the ten-year period a factored
yield by applying to the actual yield the factor designated
for the year in Table 2; and
(b) compare the factored yield in each year with the average of
the factored yields and,
(i) if the factored yield in a year exceeds the insured
person's ten year average by more than 30 per cent,
shall adjust the factored yield according to the for-
mula.
Adjusted _ Factored
Yield Yield
_ 2 rpactored _ /Average ^ i i \"|
i\_ Yield V Yield ' /J
(ii) if the factored yield in a year falls short of the
insured person's ten year average by more than 30
per cent, shall adjust the factored yield according to
the formula.
Adjusted .Factored , 2 F/ Average ^ q ,\ Factored"!
K Average ^ q A_ Factored"!
Yield ■ / Yield J
Yield Yield 3 LV Yield
20.— (1) Subject to subsections (4) and (5), the initial coverage
provided under a contract of insurance shall be 75 per cent of the
average farm yield in bushels of the total acreage planted to soybeans
by the insured person.
(2) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was no
claim shall be,
(a) where the previous year's coverage was 70 per cent, 73 per
cent;
(b) where the previous year's coverage was 73 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 78 per
cent;
(d) where the previous year's coverage was 78 per cent, 80 per
cent; and
(e) where the previous year's coverage was 80 per cent, 80 per
cent.
(b) where the previous year's coverage was 78 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent; and
(e) where the previous year's coverage was 70 per cent, 70 per
cent,
of the average farm yield in bushels of the total acreage planted to
soybeans by the insured person.
(4) Where, in any year, a claim is paid in an amount that is less
than one-half of the total premium for that year, the coverage for the
following year shall remain unchanged.
(5) Despite clause (3) (a), the coverage provided under a con-
tract of insurance following a year in which there was a claim shall be
80 per cent where,
(a) the insured person has had coverage and an actual farm
yield for at least five years; and
(b) the previous year's coverage was 80 per cent.
21. The maximum indemnity payable for a loss in production of
soybeans in a crop year is the amount obtained by multiplying the
total guaranteed production determined under section 20 by the
established price per bushel determined under section 22.
22.— (1) The established price for soybeans is,
(a) $5.80 per bushel;
(b) $7.00 per bushel; or
(c) the floating price per bushel determined under subsection
(2).
(2) The floating price per bushel is the greater of,
(a) $6.40 per bushel; and
(b) the average calculated by the Commission of the daily
prices per bushel of soybeans at Chatham, Ontario as deter-
mined by the Farm Market News for the period from the 1st
day of October to the 21st day of October in a crop year,
minus $0.08 per bushel.
(3) Where,
(a) the insured person applies therefor in writing on or before
the 1st day of May in a crop year; and
(b) the Commission consents in writing,
any established price designated in subsection (1) may be substituted
for the established price selected by the insured person at the time a
contract of insurance is made, or any established price substituted in
lieu thereof under this section.
of the average farm yield in pounds of the total acreage planted to
soybeans by the insured person.
(3) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was a
claim shall be,
(a) where the previous year's coverage was 80 per cent, 78 per
cent;
(4) Where, upon any renewal, the insured person fails to select
an established price under subsection (3), the Commission may des-
ignate the established price applicable to the contract for the crop
year.
23.— (1) The total premium for soybeans is,
(a) $9.00 per acre where the established price is $5.80 per
bushel;
85
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CROP INSURANCE
Reg./Règl. 232
(b) $10.80 per acre where the established price is $7.00 per
bushel; and
(c) $12.40 per acre where the established price is the floating
price per bushel.
(2) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
(3) Despite subsection (1), the total premium is 80 per cent of the
total premium prescribed by subsection (1) if,
(a) the coverage is 80 per cent and the insured person has had
coverage and an actual farm yield for at least five years; and
(b) based on Commission records, total premiums paid by the
insured person for soybeans exceed indemnity paid.
O. Reg. 297/84, Sched.; O. Reg. 295/85, ss. 1, 2; O. Reg.
312/87, ss. 1-8; O. Reg. 279/88, s. 1; O. Reg. 299/89, s. 1;
O. Reg. 453/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
OIL SEED ENDORSEMENT
Whereas the insured person has applied for crop insurance for oil
seed under The Ontario Crop Insurance Plan for Oil Seed, hereinaf-
ter referred to as "the plan", and has paid the deposit premium pre-
scribed thereunder.
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover oil seed.
Harvesting of Pi.anted Acreage
1.— (1) All acreage planted to oil seed in a crop year shall be har-
vested unless the Commission, upon application therefor in writing,
consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) Where the harvesting of any planted acreage is not completed
and the failure to harvest was not caused by an insured peril, the con-
tract of insurance ceases to apply to the unharvested acreage and no
indemnity is payable therefor.
Evaluation of Loss
2.— (1) An indemnity shall be paid for the acreage set out in sub-
paragraph (2) in the amount set out in subparagraph (3), where,
(a) all of the acres planted to the crops listed in Table 1 to this
Regulation are offered for insurance;
(b) the insured person elects the indemnity on the application
for insurance;
(c) the insured person pays a premium deposit of $1 for each
acre intended to be planted to the crops listed in Table 1;
(d) one or more of the designated perils prevents the planting,
(i) of three acres or more, in the case of systematically
tile drained land, or
(ii) of six acres or more, in the case of land that is not
systematically tile drained; and
(e) the insured person notifies the Commission of the person's
inability to plant the acres to the crops listed in Table 1 by
the 15th day of June in the crop year.
(2) The indemnity shall be paid,
(a) for each unplanted acre, in the case of systematically tile
drained land; or
(b) for each unplanted acre in excess of three unplanted acres,
in the case of land that is not systematically tile drained.
(3) The amount of the indemnity shall be one-third of the guaran-
teed production per acre of the crop with the highest priority, in
Table 1, of the crops intended to be planted and insured by the
insured person multiplied by the established price for that crop.
(4) Where the insured person has elected the floating price as the
established price, the established price prescribed in the Schedule by
clause 17 (1) (b) for canola and clause 22 (1) (b) for soybeans, shall
be used in lieu of the floating price for the purposes of the calculation
in subparagraph (2).
(5) No indemnity shall be payable under this paragraph for land
for which the same indemnity was paid by the Commission in the
immediately preceding year.
(6) Where the insured person plants a crop in respect of which
crop production insurance was applied for, the premium deposit for
the acreage so planted shall be applied against the regular premium.
(7) Where the insured person plants a crop that is not an insur-
able crop, the premium deposit in respect of the acreage seeded or
planted shall be refunded.
(8) Where the insured person is unable to plant acreage desig-
nated on the application as intended to be sown to a spring grown
crop, the premium deposit in respect of the acreage shall be retained
by the Commission as payment for the coverage provided.
(9) This paragraph does not apply to, and no indemnity is pay-
able in respect of land,
(a) that is orchard land, pasture, woodland, planted to a peren-
nial crop, fall sown or intended for summer fallow;
(b) that is untilled and was not cropped in the previous year; or
(c) that, in the opinion of the Commission, is not insurable.
(10) Where the planting is prevented by excessive rainfall, no
indemnity is payable unless the insured person establishes that,
(a) an abnormal amount of rain occurred;
(b) the rainfall resulted in a reduced number of work days; and
(c) a significant number of other insured persons were similarly
affected,
during the planting season in the area where the insured acreage is
situate.
3.— (1) Where loss or damage to three acres or more of the insured
crop resulting from an insured peril occurs before the 1st day of July
in the crop year, the Commission, upon application therefor in writ-
ing by the insured person, may consent in writing to the replanting of
the damaged acreage.
(2) Where the damaged acreage is replanted in accordance with
subparagraph (1), the Commission shall pay a supplementary benefit
86
Reg./Règl. 232
ASSURANCE-RECOLTE
Reg./Règl. 232
to the insured person calculated at the rate of $30 for each replanted
acre.
(3) Where the damaged acreage is replanted to the crop that was
originally planted in the crop year, the contract of insurance shall
continue to apply to the replanted acreage.
(4) The total number of acres of a crop in respect of which a
replanting benefit is paid in a crop year shall not in any case exceed
the total number of insured acres planted to that crop.
4.— (1) Where loss or damage occurs before harvest, the Commis-
sion, upon application therefor in writing by the insured person, may
consent in writing to the use of the damaged acreage for any other
purpose or to the abandonment or destruction of the insured crop on
such damaged acreage and in such case shall determine the number
of damaged acres and the potential production thereof.
(2) Where damaged acreage is used for any other purpose or the
insured crop thereon is abandoned or destroyed in accordance with
subparagraph (I), the amount of loss that shall be taken into account
in the final adjustment of loss in respect of the total planted acreage
shall be calculated by multiplying the difference between the guaran-
teed production for the damaged acreage and the potential produc-
tion for the damaged acreage determined under subparagraph (1) by
the established price per bushel or pound, as the case may be.
(3) Where damaged acreage is not used for any other purpose or
the crop thereon is not abandoned or destroyed after the Commis-
sion has consented thereto, the amount of loss calculated under sub-
paragraph (2) shall not be taken into account in the final adjustment
of loss.
(4) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the fmal adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per bushel or pound, as the case
maybe.
Final Adjustmekt of Loss for Total Insured Acreage
5. The indemnity payable with respect to the total insured acreage
in the final adjustment of loss shall be the sum of all loss calculations
made under paragraphs 2, 3 and 4 applicable to such acreage, but
where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable in respect of loss calculations made under para-
graph 4 shall be reduced by the amount obtained by multiplying the
excess by the established price per bushel or pound, as the case may
be.
Incorrect Acreage in Final Acreage Report
6.— (1) Where the actual planted acreage to an insured crop in a
crop year is less than the planted acreage declared on the final acre-
age report, the guaranteed production shall be decreased proportion-
ately in calculating whether there has been a loss and the actual pro-
duction shall be used in calculating the average production for
purposes of determining coverage for the following crop year, and
there shall be no refund of premium.
(2) Where the actual planted acreage of the insured crop in a
crop year exceeds the planted acreage declared on the final acreage
report, the actual production shall be used in calculating whether
there has been a loss and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced proportionately,
in calculating the average production for purposes of determining
coverage for the following crop year.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager, but
it shall not be binding upon the Commission until countersigned by a
duly authorized representative of the Commission.
Countersigned and dated at
this day of
.,19.,
Duly Authorized
Representative
General Manager
O. Reg. 297/84, Form 1; O. Reg. 295/85, s. 3; O. Reg. 312/87, ss. 9,
10; O. Reg. 279/88, s. 2; O. Reg. 299/89, s. 2.
Form 2
Crop Insurance Act (Ontario)
EXTENDED COVERAGE ENDORSEMENT
1.— (1) This endorsement applies only to soybeans.
(2) This endorsement is in force where the insured person applies
for it and pays the prescribed premium.
(3) The coverage in force and indemnity and premiums payable
under this endorsement are in addition to any prescribed by the plan.
(4) The conditions of the Schedule and Form 1 apply to this
endorsement unless they are inconsistent with it or are specifically
excluded under it.
2. An application for extended coverage shall be made by the 1st
day of May in the crop year in respect of which it is made.
Coverage
3. The insured person may purchase an extra 4 or 7 per cent cover-
age in addition to coverage determined under section 20 of the
Schedule.
4. The maximum indemnity for which the Commission is liable
under a contract of insurance under the plan and insurance provided
by this endorsement is the amount obtained by adding an additional
4 or 7 per cent to the coverage determined under section 20 of the
Schedule and multiplying this sum by the established price deter-
mined under section 22 of the Schedule.
Premiums
5.— (1) The additional premium payable in the crop year for 4 per
cent extra coverage is,
(a) $2.00 per acre where the established price is $5.80 per
bushel;
(b) $2.60 per acre where the established price is $7.00 per
bushel;
(c) $3.00 per acre where the established price is the floating
price per bushel.
(2) The additional premium payable in the crop year for 7 per
cent extra coverage is,
(a) $5.00 per acre where the established price is $5.80 per
bushel;
87
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CROP INSURANCE
Reg./Règl. 232
(b) $6.00 per acre where the established price is $7.00 per
bushel;
(c) $6.80 per acre where the established price is the floating
price per bushel.
(3) The premiums prescribed by subsections (1) and (2) include
payments in respect of premiums made by the Province of Ontario
and the Government of Canada under the Crop Insurance Act
(Canada).
(4) Subsection 23 (3) of the Schedule does not apply to this
endorsement.
(5) An insured person shall pay a premium deposit of $1 per acre
at the time of application for extended coverage. O. Reg. 453/90,
s. 2, part.
Form 3
Crop Insurance Act (Ontario)
EXTENDED COVERAGE ENDORSEMENT
1.— (1) This endorsement applies to soybeans only.
(2) This endorsement is in force where the insured person pur-
chases a contract of insurance for all perils for soybeans in the Sched-
ule, applies for this endorsement and pays the prescribed premium.
(3) The premiums payable under this endorsement are in addi-
tion to any prescribed by the plan.
(4) The conditions of the Schedule and Form 1 apply to this
endorsement unless they are inconsistent with it or are specifically
excluded under it.
2. In order to qualify for coverage under this endorsement, the
insured person shall offer for insurance all land planted to the
insured crop that is operated by that person in Ontario.
3.— (1) An insured person may apply under this endorsement for
insurance against a loss of production of soybeans resulting from hail
damage to a portion of the person's lands.
(2) For the purposes of this endorsement, an indemnity for hail
damage is payable only where the portion of land damaged by hail is
5 acres or more in size.
Application
4. An insured person must make an application for extended cov-
erage by the 1st day of May during the crop year in respect of which
insurance under this endorsement is requested.
Coverage
5. The coverage provided under this endorsement shall be the
same as that set out in sections 20 and 21 of the Schedule and
includes any additional coverage purchased under the extended cov-
erage endorsement in Form 2.
6. For the purposes of this endorsement, an indemnity for hail
damage is payable only where 10 per cent or more hail damage has
occurred to the insured crops on the portion of land in question.
7. Coverage under this endorsement commences no later than,
(a) the 1st day of July in a crop year; or
(b) at a time, as determined by the Commission, when it is too
late to replant the insured crop in a crop year,
whichever is the earlier.
Premiums
8.— (1) The total premium payable for this endorsement is 4 per
cent of the total guaranteed production determined under section 20
of the Schedule multiplied by,
(a) where the insured person has chosen the floating price, the
established price in clause 22 (1) (b) of the Schedule; or
(b) in all other cases, the established price per bushel deter-
mined under section 22 of the Schedule.
(2) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
9.— (1) An insured person shall pay a premium deposit of $1 per
acre by the 1st day of May during the crop year in respect of which
insurance under this endorsement is requested.
(2) This endorsement may be cancelled by the insured person by
notice in writing to the Commission on or before the final date for
application in the crop year during which the cancellation is to be
effective.
(3) Where the endorsement is cancelled by the insured person
after the 1st day of May in a crop year, the Commission shall cancel
the contract of insurance for all perils in the Schedule and the
extended coverage endorsement in Form 2, if applicable, and shall
not refund to the insured person any deposits paid pursuant to these
contracts.
(4) The insured person shall pay the premium, less the premium
deposit, to the Commission at the time the insured person files the
final acreage report prescribed by section 10 of the Schedule.
Evaluation of Loss
10. The amount of loss respecting the insured acreage for which a
claim is made under this endorsement shall be determined as follows:
1. The Commission shall determine the number of damaged
acres and their potential production.
2. The Commission shall determine the percentage of damage
to the damaged acres caused by the hail.
3. The Commission shall calculate the loss,
i. by multiplying the percentage of damage by the
lesser of,
A. the guaranteed production of the damaged
acreage, and
B. the potential production of the damaged acre-
age, and
ii. by multiplying the product obtained under subpara-
graph i by,
A. where the insured person has chosen the
floating price, the established price in clause
22 (1) (b) of the Schedule, or
B. the established price per bushel determined
under section 22 of the Schedule in all other
cases.
11. The Commission shall determine the amount of loss before the
harvesting of the damaged acreage.
12. The indemnity payable with respect to the total insured acre-
age in the final adjustment of loss under the contract of insurance for
all perils in the Schedule shall be determined by subtracting the
88
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ASSURANCE-RECOLTE
Reg./Règl. 233
indemnity paid under this endorsement from the maximum indem-
nity payable for a loss in production determined under section 21 of
the Schedule.
13. If the Commission has substituted the established price in
clause 22 (1) (b) of the Schedule for the floating price under sections
8 and 10 of this endorsement and this substitution results in an over-
payment or an underpayment, the Commission may, in making the
final adjustment of loss under the contract of insurance for all perils
in the Schedule, readjust the indemnity payable with respect to the
total insured acreage.
Notice of Loss or Damage
14. The insured person shall notify the Commission in writing
within two days of an occurrence of loss or damage to the insured
crop and before the harvesting of the insured crop. O. Reg. 453/90,
s. 2, pan.
TABLE 1
Spring Sown Crops in Order of Priority
1.
Corn
2.
3.
Soybeans
White Beans
4.
Coloured Beans
5.
6.
Spring Grain
Canola
7.
Sunflowers
8.
Red spring wheat
O. Reg. 297/84, Table; O. Reg. 312/87, s. 11; O. Reg. 299/89, s. 3;
O. Reg. 453/90, s. 3, pan.
TABLE 2
Age of Yield
Factor
10
1.13410
9
1.11907
8
1.10448
7
1.09023
6
1.07638
5
1.00000
4
1.00000
3
1.00000
2
1.00000
1
1.00000
O. Reg. 453/90, s. 3,/Mrt.
REGULATION 233
CROP INSURANCE PLAN FOR ONIONS
1. The plan in the Schedule is established for the insurance within
Ontario of onions. O. Reg. 541/86, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. The title of this plan is "The Ontario Crop Insurance Plan for
Onions".
2. The purpose of this plan is to provide for insurance against a
loss in the production of onions resulting from one or more of the
perils designated in section 4.
DEHNmONS
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"bag" means fifty pounds;
"onions" means onions grown from seed, onions grown from sets or
Spanish onions.
Designation of Perils
4.— (1) Subject to subsections (2) and (3), the following are desig-
nated as perils for the purposes of this plan:
1. Drought.
2. Excessive rainfall.
3. Flood.
4. Frost.
5. Hail.
6. Insect infestation.
7. Plant disease.
8. Wildlife.
9. Wind.
(2) This plan does not insure against a loss in the production of
Spanish onions in a crop year resulting from drought.
(3) This plan does not insure against a loss in the production of
onions in a crop year resulting from insect infestation or plant disease
unless the insured person establishes that a recommended control
program was followed during the crop year.
5. The crop year for onions is the period from the 1st day of March
in any year to the 31st day of October next following.
Contract of Insurance
6.— (1) For the purposes of this plan, the entire contract of insur-
ance for onions is comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) the application for insurance;
(c) an endorsement for onions in Form 1 ;
(d) the final acreage report for each crop year; and
(e) any amendment to a document referred to in clause (b) or
(d) agreed upon in writing.
(2) In the event of a conflict between the provisions referred to in
clauses (1) (a) and (c), the provisions referred to in clause (1) (c)
prevail.
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CROP INSURANCE
Reg./Règl. 233
7.— (1) An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a minimum premium deposit of $100 for
each crop in respect of which insurance is applied for; and
(c) be filed with the Commission,
(i) not later than the 1st day of April, or
(ii) in the case of onions grown from seed to be planted
east of King's Highway No. 6, not later than the I5th
day of April,
in the crop year in respect of which it is made.
(2) Premium deposits prescribed by clause (1) (b) are not refund-
able unless no acreage is planted to the crop.
Duration of Contract
8.— (1) A contract of insurance is in force for the crop year in
respect of which it is made, and continues in force for each crop year
thereafter until cancelled by the insured person or the Commission in
the manner prescribed by subsection (2) or terminated in accordance
with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of April in the crop year during which the cancel-
lation is to be effective.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on the annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted ^ Actual _ 2 FActual _ /Average , ,
Yield Yield 3 L Yield V Yield
)]
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted ^ Actual 2 ["/Average r, y\_ Actual "|
Yield Yield sLv Yield ' / Yield J
10.— (1) Subject to subsections (2), (3) and (4), the coverage pro-
vided under a contract of insurance is 70 per cent of the average farm
yield in bags of the total acreage planted to the crop by the insured
person in accordance with the regulations.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1. Following the first no claim year to 73 per cent of the aver-
age farm yield.
2. Following the second no claim year to 76 per cent of the
average farm yield.
3. Following the third no claim year to 78 per cent of the aver-
age farm yield.
4. Following the fourth no claim year to a maximum of 80 per
cent of the average farm yield.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years from the insured level in reverse progres-
sion to that prescribed by subsection (2) except, where a claim occurs
in a year where the coverage is 70 per cent, the coverage shall be
reduced to 65 per cent.
(4) Where, in any year, a claim is paid in an amount less than
one-half the total premium for that year, the coverage for the follow-
ing year remains unchanged.
(5) The number of bags determined under subsections (1), (2)
and (3) constitutes the total guaranteed production under a contract
of insurance.
11.— (1) For the purposes of this plan, the established price for
onions grown from seed is,
(a) $2.50 per bag, where a premium of $134 per acre is paid; or
(b) $3.50 per bag, where a premium of $186 per acre is paid.
(2) For the purposes of this plan, the established price for onions
grown from sets is,
(a) $3.25 per bag, where a premium of $120 per acre is paid; or
(b) $4.25 per bag, where a premium of $160 per acre is paid.
(3) For the purposes of this plan, the established price for Spanish
onions is,
(a) $4 per bag, where a premium of $268 per acre is paid; or
(b) $5 per bag, where a premium of $335 per acre is paid.
Premiums
12.— (1) The total premium is,
(a) $134 per acre or $186 per acre, for onions grown from seed;
(b) $120 per acre or $160 per acre, for onions grown from sets;
or
(c) $268 per acre or $335 per acre, for Spanish onions.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100 for each crop.
(3) The premium prescribed by subsection (1) includes payment
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
13.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
plants acreage to onions.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit pre-
scribed by subsection (3), to the Commission at the time the final
acreage report prescribed by section 14 is filed.
(3) Where a renewal premium is payable in respect of a crop
year, the insured person shall, not later than the 1st day of April in
the crop year, pay a premium deposit in accordance with clause
7 (1) (b).
Final Acreage Report
14.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission as soon as the planting of acreage to the crop is completed.
(2) A final acreage report filed with the Commission shall not be
amended without the written consent of the Commission.
90
Reg./Règl. 233
ASSURANCE-RECOLTE
Reg./Règl. 233
15.— (1) When the final acreage report is inaccurate, the Commis-
sion may correct it and adjust the premium accordingly and, in such
case, shall notify the insured person in writing forthwith of the cor-
rection and the reason therefor.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the insured person notifies the Commission in
writing that the person rejects the revision within ten days after the
Commission notification is served on the person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Upon notice that a correction is not acceptable being given,
the contract of insurance ceases to apply for the crop year in respect
of which the final acreage report was filed.
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
16.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) The Commission shall serve a copy of a final acreage report
on the insured person either by personal delivery or by mailing it to
the insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it. .
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Final Date For Planting
17. For the purposes of this plan, in any particular crop year the
final date for planting,
(a) onions grown from seed is the 31st day of May;
(b) onions grown from sets is the 15th day of May; and
(c) Spanish onions is the 20th day of May,
or such other dates as are reasonably warranted in the circumstances.
Final Date For Harvesting
18. For the purposes of this plan, in any particular crop year the
final date for harvesting,
(a) onions grown from seed or Spanish onions is the 31st day of
October; and
(b) onions grown from sets is the 15th day of August,
or such other dates as are reasonably warranted in the circumstances.
O. Reg. 541/86, Sched.; O. Reg. 322/87, ss. 1, 2; O. Reg. 326/88,
s. 1; O. Reg. 314/89, s. 1; O. Reg. 477/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
ONION ENDORSEMENT
Whereas the insured person has applied for crop insurance under
the Ontario Crop Insurance Plan for Onions, hereinafter referred to
as the "plan", and has paid the deposit premium prescribed there-
under;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover onions.
Harvesting of Planted Acreage
1. All acreage planted to onions in a crop year shall be harvested
unless the Commission, upon application therefor in writing, con-
sents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
Evaluation of Loss
2.-(l) Where,
(a) all the acres intended to be planted to spring grown crops
are offered for insurance;
(b) the insured person so elects on the application for insurance
and pays the premium deposit required by the regulations
for each spring grown crop intended to be planted; and
(c) the planting,
(i) in the case of systematically tile drained land, of
three acres or more, or
(ii) in the case of land that is not systematically tile
drained, of six acres or more,
is prevented by one or more of the designated perils,
an indemnity shall be paid,
(d) in the case of systematically tile drained land, for each acre;
or
(e) in the case of land that is not systematically tile drained, for
each acre in excess of three,
that remains unplanted, the amount of which shall be equal to one-
third of the guaranteed production per acre of the crop highest in pri-
ority on the list in the "Table to this Regulation of those intended to
be planted and insured by the insured person multiplied by the estab-
lished price applicable to that crop.
(2) This paragraph does not apply to and no indemnity is payable
in respect of land,
(a) that is orchard land, pasture, woodland, seeded to a peren-
nial crop, fall sown or intended for summer fallow;
(b) that is unfilled and was not cropped in the previous year; or
(c) that, in the opinion of the Commission, is not insurable.
(3) Where the planting is prevented by excessive rainfall, no
indemnity is payable unless the insured person establishes that.
91
Reg./Règl. 233
CROP INSURANCE
Reg./Règl. 233
(a) an abnormal amount of rain occurred;
(b) the rainfall resulted in a reduced number of work days; and
(c) a significant number of other insured persons were similarly
affected,
during the planting season in the area where the insured acreage is
situate.
3.— (1) Where loss or damage to one acre or more of the insured
crop resulting from an insured peril occurs prior to the final date for
planting in the crop year, the Commission, upon application therefor
in writing by the insured person, may consent in writing to the
replanting of the damaged acreage.
(2) Where the damaged acreage is replanted to the insured crop
in accordance with subparagraph (1), the Commission shall pay an
indemnity for each acre replanted,
(a) in the case of onions grown from seed, up to a maximum
amount of $400;
(b) in the case of onions grown from sets, up to a maximum
amount of $430; and
(c) in the case of Spanish onions, up to a maximum amount of
$500 where 44,000 or more plants are replanted per acre or
that portion of $500 that the number of plants replanted
bears to 44,000 where fewer than 44,000 plants are
replanted per acre,
and the contract of insurance continues to apply to such acreage.
(3) The total number of acres of a crop in respect of which a
replanting benefit is paid in a crop year shall not in any case exceed
the total number of insured acres planted to that crop.
4.— (1) Where loss or damage occurs prior to harvest, the Com-
mission, upon application therefor in writing by the insured person,
may consent in writing to the use of the damaged acreage for any
other purpose or to the abandonment or destruction of the insured
crop on such damaged acreage and in such case shall determine the
number of damaged acres and the potential production thereof.
(2) Where damaged acreage is used for any other purpose or the
insured crop thereon is abandoned or destroyed in accordance with
subparagraph (1), the amount of loss that shall be taken into account
in the final adjustment of loss in respect of the total planted acreage
shall be calculated by multiplying the difference between the guaran-
teed production for the damaged acreage and the potential produc-
tion for the damaged acreage determined under subparagraph (1) by
the established price per bag for that crop.
(3) Where damaged acreage is not used for any other purpose or
the crop thereon is not abandoned or destroyed after the Commis-
sion has consented thereto, the amount of loss calculated under sub-
paragraph (2) shall not be taken into account in the final adjustment
of loss.
(4) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total seeded acreage of a crop shall be calculated by
multiplying the difference between the guaranteed production and
the actual production by the established price per bag for that crop.
Notice of Loss or Damage
Final Adjustment of Loss For Total Planted Acreage
6.— (1) The indemnity payable with respect to the total planted
acreage of a crop in the final adjustment of loss is the sum of the
losses calculated under paragraphs 2, 3 and 4 applicable to the acre-
age but, subject to subparagraph (2), where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of the acreage, the indemnity
otherwise payable shall be reduced by the amount obtained by multi-
plying such excess by the established price per bag.
(2) Despite subparagraph (1), no indemnity paid under para-
graphs 2 and 3 is subject to reduction under this paragraph.
(3) In no case shall indemnity be paid for acreage in excess of the
total insured acreage of a crop.
(4) Where, as the result of an insured peril, the quality of a crop
is reduced, the actual production of any onions sold at a grade below
Canada No. 1 shall be deemed to be reduced by 60 per cent.
Damage After Harvest
7.— (1) No indemnity is payable in respect of any loss or damage
suffered by the insured crop after harvest and, subject to subpara-
graph (2), no indemnity is payable with respect to onions in storage.
(2) Where an insured crop damaged by an insured peril prior to
harvest is placed in storage, the Commission shall thereupon adjust
the loss and pay an indemnity therefor if,
(a) notice of damage was received and inspection was made by
the Commission before harvest; and
(b) the damaged onions are clearly indentified in storage.
Incorrect Acreage in Final Acreage Report
8.— (1) Where the actual seeded acreage of the insured crop in a
crop year is less than the seeded acreage declared on the final acre-
age report, the guaranteed production shall be decreased proportion-
ately in calculating whether there has been a loss and the actual pro-
duction shall be used in calculating the average production for
purposes of determining coverage for the following crop year, and
there shall be no refund of premium.
(2) Where the actual seeded acreage of the insured crop in a crop
year exceeds the seeded acreage declared on the final acreage report,
the actual production shall be used in calculating whether there has
been a loss and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced proportionately,
in calculating the average production for purposes of determining
coverage for the following crop year.
5. Where loss or damage to an insured crop occurs and the damage
was occasioned at a readily ascertainable time, the insured person
shall notify the Commission forthwith by telephone and shall confirm
in writing within twenty-four hours after that time.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
92
Reg./Règl. 233
ASSURANCE-RECOLTE
Reg./Règl. 234
Countersigned and dated at
this day of
.19..
Duly Authorized
Representative
General Manager
O. Reg. 541/86, Form 1; O. Reg. 322/87, s. 3; O. Reg. 326/88, s. 2;
O. Reg. 314/89, s. 2.
TABLE
Crop in Order of
Priority
1.
2.
3.
Onions
Onions
Spanish
grown from seed
grown from sets
onions
O.
Reg. 541/86,
Table.
REGULATION 234
CROP INSURANCE PLAN FOR PEACHES
1. The plan in the Schedule is established for the insurance within
Ontario of peaches. R.R.O. 1980, Reg. 215, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Peaches".
2. The purpose of this plan is to provide for insurance against a
loss in the production of peaches resulting from one or more of the
perils designated in section 4. —
Dehnitions
3. In this plan.
"average yield" means the average total orchard production of the
insured person over the preceding six years allowing for age of
trees, tree removal, and change in acreage;
"peaches" means all varieties of peaches produced in Ontario.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Freeze injury.
3. Frost.
4. Hail.
5. Hurricane or tornado.
6. Unavoidable pollination failure.
Designation of Crop Year
5. The crop year for peaches is the period from the 1st day of
December in any year to the 30th day of November next following.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
peaches shall be deemed to be comprised of,
(a) the contract of insurance in Form 1;
(b) the application for insurance;
(c) the production guarantee report; and
(d) any amendment to a document referred to in clause (a), (b)
or (c) agreed upon in writing.
7. An application for insurance shall,
(a) be accompanied by a premium deposit of,
(i) $100, or one-quarter of the premium payment made
by the insured person for the previous crop year,
whichever is the greater, or
(ii) an amount to be determined by the Commission;
and
(b) be filed with the Commission not later than the 1st day of
December in the crop year in respect of which it is made or
not later than such other date as may be determined from
time to time by the Commission.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of December in the crop year during which the
cancellation is to be effective or on or before such other date as may
be determined from time to time by the Commission.
Coverage
9.— (1) Subject to subsections (2) and (3) and to section 10, the
coverage provided under a contract of insurance is 70 per cent of the
average yield as determined by the Commission multiplied by the
established price.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1. Following the first no claim year, to 73 per cent.
2. Following the second no claim year, to 76 per cent.
3. Following the third no claim year, to 78 per cent.
4. Following the fourth no claim year, to a maximum of 80 per
cent.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years from the insured level in reverse progres-
sion to that prescribed by subsection (2), except where one or more
claim years follow a year when the coverage is 70 per cent, the cover-
age shall be reduced in successive steps to levels of 67 per cent and a
minimum of 65 per cent.
(4) The number of pounds determined under subsections (1), (2)
and (3) constitutes the total guaranteed production under a contract
of insurance.
10.— (1) Subject to subsections (2) and (3), the coverage provided
93
Reg./Règl. 234
CROP INSURANCE
Reg./Règl. 234
under a contract of insurance in respect of peaches that are grown
within the area that is bounded by the Niagara Escarpment on the
south and the southern shore of Lake Ontario on the north is 73 per
cent of the average yield as determined by the Commission multi-
plied by the established price.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1. Following the first no claim year, to 76 per cent.
2. Following the second no claim year, to 78 per cent.
3. Following the third no claim year, to a maximum of 80 per
cent.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years from the insured level in reverse progres-
sion to that prescribed by subsection (2), except where one or more
claim years follow a year when the coverage is 73 per cent, the cover-
age shall be reduced in successive steps to levels of 70, 67 and a mini-
mum of 65 per cent.
(4) The number of pounds determined under subsections (1), (2)
and (3) constitutes the total guaranteed production under a contract
of insurance.
11.— (I) The established price for peaches is,
(a) 14 cents per pound;
(b) 18 cents per pound; or
(c) 20 cents per pound.
(2) Subject to subsections (3) and (4), the established price per
pound selected by an applicant at the time a contract of insurance is
made applies in each succeeding crop year during which the contract
is in force.
(3) Where,
(a) the insured person applies therefor in writing prior to the
1st day of December in the crop year; and
(b) the Commission consents in writing,
any established price designated in subsection (1) may be substituted
for the established price selected by the insured person at the time a
contract of insurance is made or for any established price substituted
in lieu thereof under this subsection.
12. The maximum indemnity for which the Commission is liable
under a contract of insurance shall be the amount obtained by multi-
plying the total guaranteed production determined under section 9
by the established price per pound determined under section 1 1 .
Premiums
13.— (1) The total premium payable in the crop year is,
(a) where the level of coverage is 80 per cent, 13 per cent;
(b) where the level of coverage is 78 per cent, 16 per cent;
(c) where the level of coverage is 76 per cent, 18 per cent;
(d) where the level of coverage is 73 per cent, 19 per cent;
(e) where the level of coverage is 70 per cent, 21 per cent;
(f) where the level of coverage is 67 per cent, 23 per cent; and
(g) where the level of coverage is 65 per cent, 24 per cent,
of the guaranteed production in pounds multiplied by the established
price.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed by subsection (1) includes such pay-
ments in respect of premiums as may be made by the Government of
Canada under the Crop Insurance Act (Canada).
14.— (1) Where a contract of insurance is in force a premium shall
be paid in respect of each crop year.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium less the premium deposit to
the Commission at the time the production guarantee report pre-
scribed by section 15 is returned to the Commission.
(3) Where a renewal premium is payable in respect of a crop
year, the insured person shall, not later than the 1st day of December
in the crop year, pay the premium deposit as set out in clause 7 (a).
Production Guarantee Report
15. The Commission shall prepare and deliver a production guar-
antee report to each insured person in each crop year and the insured
person shall sign a copy thereof and return it to the Commission.
R.R.O. 1980, Reg. 215, Sched.; O. Reg. 770/81, ss. 1-5; O. Reg.
794/82, ss. 1, 2; O. Reg. 38/83, s. 1; O. Reg. 794/83, ss. 1-4; O. Reg.
676/86, ss. 1-5; O. Reg. 34/89, s. 1.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinaf-
ter referred to as "THE COMMISSION",
of the hrst fart
-and-
of the of
in the County (or as the case may be) of ,
hereinafter referred to as "THE INSURED PERSON",
OF THE SECOND PART
Whereas the insured person has applied for crop insurance on
peaches under The Ontario Crop Insurance Plan for Peaches, herein-
after referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario),
and the regulations made thereunder, where, in a crop year the
insured person suffers a loss in the production of peaches resulting
from one or more of the perils designated in the plan, the Commis-
sion, subject to the terms and conditions hereinafter set forth, agrees
to indemnify the insured person in respect of such loss.
TERMS AND CONDITIONS
1. In this contract,
produced in Ontario.
Insured Crop
'insured crop" means all varieties of peaches
94
Reg./Règl. 234
ASSURANCE-RECOLTE
Reg./Règl. 234
Causes of Loss Not Insured Against
2. This contract does not insure against and no indemnity shall be
paid in respect of a loss resulting from,
(a) the negligence, misconduct or poor farming practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
3.— (1) The insured person shall offer for insurance all acreage
planted to the insured crop on the farm or farms operated by the
insured person in Ontario, and, subject to subparagraph (2), this
contract applies to all such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes; or
(b) that, in the opinion of the Commission, is not insurable.
4.— (1) All insured acreage shall be harvested unless the Commis-
sion, upon application therefor in writing, consents in writing to the
abandonment or destruction of the insured crop or any part thereof
and, in such case, the Commission shall determine,
(a) the potential production of the unharvested acreage; and
(b) whether the harvesting was prevented by one or more of
the perils insured against.
(2) Where an insured person fails to obtain the consent of the
Commission in accordance with subparagraph (1), no indemnity shall
be paid in respect of the unharvested acreage.
Evaluation of Loss
5.— (1) The amount of loss that shall be taken into account in the
final adjustment of loss in respect of the total insured acreage shall
be calculated by multiplying the difference between the guaranteed
production and the actual production by the established price per
pound.
(2) For the purpose of subparagraph (1), actual production shall
include,
(a) the total orchard run of all insured acreage; and
(b) the potential production of wholly or partially unharvested
acreage where the failure to harvest resulted from a cause
of loss not insured against.
(3) Where the insured crop or any part thereof has suffered dam-
age from an insured peril to such an extent that it is unsuitable for
sale, it shall not be counted as production.
(4) Despite subparagraph (3), where damaged peaches are sold
for less than the prevailing price for unblemished fruit, the actual
production shall be deemed to be reduced in the ratio that the sal-
vage value received for the crop bears to the market price for pro-
cessing peaches as set by The Ontario Tender Fruit Growers' Mar-
keting Board.
Notice of Loss or Damage
6.-(l) Where,
(a) loss of the insured crop occurs; or
(b) the insured crop or any part thereof is, or is intended to be,
sold on a pick-your-own basis,
the insured person shall notify the Commission in writing as soon as
the damage occurs in order that a pre-harvest inspection may be
made.
(2) Where the insured person fails to notify the Commission pur-
suant to subparagraph (1), a claim by the insured person is invalid
and the insured person's right to indemnify is forfeited.
Misrepresentation, Violation of Conditions or Fraud
7. Where the insured person,
(a) in an application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the insured person's right
to recover indemnify is forfeited.
Waiver or Alteration
8. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
9. Even if a person other than the insured person holds an interest
of any kind in the insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the crop; and
(b) except as provided in paragraph 10, no indemnify shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
10. The insured person may assign all or part of the insured per-
son's right to indemnify under this contract in respect of the insured
crop but an assignment is not binding on the Commission and no
payment of indemnify shall be made to an assignee unless,
(a) the assignment is made on a form provided by the Conunis-
sion; and
(b) the Commission consents thereto in writing.
Adjustment of Loss
11.— (1) The indemnify payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it deems proper.
(3) No indemnify shall be paid for a loss in respect of the insured
crop unless the insured person establishes.
95
Reg./Règl. 234
CROP INSURANCE
Reg./Règl. 235
(a) the actual production obtained from the insured crop for
the crop year; and
(b) that the loss in production or part thereof resulted directly
from one or more of the perils insured against.
(4) Where a loss in production resulted partly from a peril
insured against and partly from a cause of loss not insured against,
the Commission shall determine the amount of the loss that resulted
from the cause of loss not insured against, and the indemnity payable
by the Commission under the contract shall be reduced accordingly.
Proof of Loss
12.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year,
whichever is the earlier.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 10.
(4) Where required by the Commission, the information given in
a proof of loss form shall be verified by statutory declaration.
Arbitration
13. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time For Payment of Indemnity
14.— (1) No indemnity under this contract becomes due and pay-
able until,
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
15. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
16. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Notice
17.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be given by delivery
thereof or by sending it by mail addressed to the insured person at
the insured person's last post office address on file with the Coimnis-
sion.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at
this day of
.,19.,
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 215, Form 1; O. Reg. 38/83, s. 2; O. Reg.
676/86, s. 6; O. Reg. 34/89, s. 2.
REGULATION 235
CROP INSURANCE PLAN FOR PEANUTS
1. The plan in the Schedule is established for the insurance within
Ontario of peanuts. O. Reg. 606/88, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Peanuts".
2. The purpose of this plan is to provide for insurance against a
loss in the production of peanuts resulting from one or more of the
perils designated in section 4.
Définitions
3. In this plan.
"average farm yield" means the average of previous yields per acre
of the planted acreage determined on the basis of acreage produc-
tion records of the insured person or on such other basis as is rea-
sonable in the circumstances;
"peanuts" means peanuts produced in Ontario.
Designation of Perils
4. The following are designated as perils for the purposes of this
plan:
1. Cool weather.
2. Drought.
3. Excessive heat.
4. Excessive rainfall.
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Reg./Règl. 235
5. Flood.
6. Freeze.
7. Frost.
8. Hail.
9. Insect infestation.
10. Plant disease.
11. Wildlife.
12. Wind.
Designation of Crop Year
5. The crop year for peanuts is the period from the 1st day of
March in any year to the last day of February of the next year.
Contract of Insurance
6.— (1) For the purposes of this plan, the entire contract of insur-
ance for peanuts is comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) the application for insurance;
(c) the endorsement for peanuts in Form 1; and
(d) the final acreage report for each crop year.
(2) In the event of a conflict between provisions of the document
referred to in clause (1) (a) and the document referred to in clause
(1) (c), the provisions of the document referred to in clause (1) (c)
prevail.
7.— (1) An application for insurance or for renewal of insurance
shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a minimum premium deposit of $100;
and
(c) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which it is made.
(2) The premium deposit prescribed by clause (1) (b) is not
refundable unless no acreage is planted to peanuts.
8. All acreage planted to peanuts in which the insured person has a
substantial interest shall be insured under one contract.
Duration of Contract
9.— (1) A contract of insurance is in force for the crop year in
respect of which it is made and continues in force for each crop year
thereafter until cancelled by the insured person or the Commission in
the manner set out in subsection (2) or otherwise terminated in
accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by written notice to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to take effect.
Coverage
10.— (1) The initial coverage provided under a contract of insur-
ance shall be 75 per cent of the average farm yield in pounds of the
total acreage planted to peanuts by the insured person.
(2) The coverage provided under a contract of insurance follow-
ing a year in which there was no claim shall be,
(a) if the previous year's coverage was 70 per cent, 73 per cent;
(b) if the previous year's coverage was 73 per cent, 75 per cent;
(c) if the previous year's coverage was 75 per cent, 78 per cent;
(d) if the previous year's coverage was 78 per cent, 80 per cent;
and
(e) if the previous year's coverage was 80 per cent, 80 per cent,
of the average farm yield in pounds of the total acreage planted to
peanuts by the insured person.
(3) The coverage provided under a contract of insurance follow-
ing a year in which there was a claim shall be,
(a) if the previous year's coverage was 80 per cent, 78 per cent;
(b) if the previous year's coverage was 78 per cent, 75 per cent;
(c) if the previous year's coverage was 75 per cent, 73 per cent;
(d) if the previous year's coverage was 73 per cent, 70 per cent;
and
(e) if the previous year's coverage was 70 per cent, 70 per cent,
of the average farm yield in pounds of the total acreage planted to
peanuts by the insured person.
(4) Despite subsections (2) and (3), if in any year a claim is paid
in an amount that is less than one-half of the total premium for that
year, the coverage for the following year shall remain unchanged.
11.— (1) For the purposes of this plan, the established price for
peanuts is,
(a) 25 cents per pound; or
(b) 30 cents per pound.
(2) If the insured person fails to select an established price when
the person is renewing the contract of insurance, the Commission
may select one of the prices set out in subsection (1) as the estab-
lished price applicable to the contract in that crop year.
12. For the purposes of section 10, the maximum amount for which
the Commission is liable under a contract of insurance for a loss in
production is the amount obtained by multiplying the coverage
determined under that section by the established price selected under
section 11.
Premiums
13.— (1) The total premium for peanuts is,
(a) $23.40 per acre where the established price is 25 cents per
pound; or
(b) $28 per acre where the established price is 30 cents per
pound.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
14. The insured person shall pay the premium, less the premium
deposit, to the Commission,
97
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CROP INSURANCE
Reg./Règl. 235
(a) at the time the final acreage report is filed; or
(b) at the time set out in subsection 17 (3).
Final Acreage Report
15.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report setting out the total acreage
planted to peanuts in a form provided by the Commission within ten
days of the completion of planting of acreage to peanuts.
(2) A final acreage report filed with the Commission shall not be
amended without the written consent of the Commission.
16.— (1) When the final acreage report is inaccurate, the Commis-
sion may correct it and adjust the premium accordingly and shall
notify the insured person in writing forthwith of the correction and
the reason for it.
(2) The insured person shall be deemed to have agreed with the
correction of the final acreage report and adjustment of premium
made under subsection (1) unless, within ten days after the mailing
or delivery of the notice by the Commission, that person notifies the
Commission in writing that the correction is not acceptable.
(3) Upon notice that a correction is not acceptable, the contract
of insurance ceases to apply for the crop year in respect of which the
final acreage report was filed and the Commission shall refund any
premium or premium deposit paid in respect of that crop year.
(4) If no notice is given under subsection (2), a final acreage
report corrected under this section constitutes the final acreage
report for the crop year.
17.— (1) If an insured person in any crop year fails to file a final
acreage report as required by this Regulation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) When the Commission prepares a final acreage report under
subsection (1), the Commission shall mail or deliver a copy of the
report to the insured person.
(3) An insured person shall pay the premium for the crop year in
respect of which a final acreage report is prepared by the Commis-
sion within ten days after the mailing or delivery to that person of a
copy of the report.
Final Dates For Planting and Harvesting
18. For the purposes of this plan, the final dates for planting and
harvesting peanuts in a crop year are the 15th day of June and the
15th day of November respectively or such other dates as are reason-
ably warranted in the circumstances. O. Reg. 606/88, Sched.;
O. Reg. 311/89, s. 1; O. Reg. 459/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
PEANUTS ENDORSEMENT
Whereas the insured person has applied for crop insurance under
the Ontario Crop Insurance Plan for Peanuts, hereinafter referred to
as the "plan", and has paid the premium deposit prescribed there-
under;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover peanuts.
Harvesting of Planted Acreage
1.— (1) All acreage planted to peanuts in a crop year shall be har-
vested unless the Commission, upon written application, consents in
writing to,
(a) the use of the planted acreage or any part of it for another
purpose; or
(b) the abandonment or destruction of the insured crop or any
part of it.
(2) If the harvesting of any planted acreage is not completed and
the failure to harvest was not caused by a designated peril, the con-
tract of insurance ceases to apply to the unharvested acreage and no
indemnity shall be payable for it.
Evaluation of Loss
2.— (1) If loss or damage occurs prior to harvest, the Commission,
upon written application by the insured person, may consent in writ-
ing to the use of the damaged acreage for any other purpose or to the
abandonment or destruction of the insured crop on such damaged
acreage and in such case shall determine the number of damaged
acres and the potential production of those acres.
(2) If damaged acreage is used for any other purpose or the
insured crop on it is abandoned or destroyed in accordance with sub-
paragraph (1), the amount of loss that is taken into account in the
final adjustment of loss in respect of the total planted acreage shall
be calculated by multiplying the established price by the difference
between the coverage for the damaged acreage and the potential
production for the damaged acreage determined under subparagraph
(1)-
(3) If damaged acreage is not used for any other purpose or the
crop thereon is not abandoned or destroyed after the Commission
has consented thereto, the amount of loss calculated under subpara-
graph (2) shall not be taken into account in the final adjustment of
loss.
(4) If the actual production of the harvested acreage is less than
the coverage for that acreage, the amount of loss that shall be taken
into account in the final adjustment of loss in respect of the total
planted acreage shall be calculated by multiplying the established
price by the difference between the coverage and the actual produc-
tion.
(5) Where the crop contains damaged or foreign material, the
actual production thereof shall be reduced by an amount reasonable
in the circumstances.
QuAUTY Coverage
3. Where the insured crop is reduced to below 55 per cent of sound
mature kernels due to an insured peril, the actual production shall be
deemed to be the yield harvested less 2 per cent thereof for every 1
per cent reduction in sound mature kernels below 55 per cent to a
maximum reduction of 50 per cent of the yield harvested.
Final Adjustment of Loss For Total Planted Acreage
4.— (1) The indemnity payable with respect to the total planted
acreage in the final adjustment of loss is that payable under para-
graph 2.
(2) The indemnity payable under paragraph 2 shall be reduced by
the result obtained by multiplying the established price by the
amount by which,
(a) the actual production of any harvested acreage exceeds the
coverage of that acreage; or
(b) the potential production of any harvested acreage exceeds
the coverage of that acreage.
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Reg./Règl. 236
Incorrect Acreage in Final Acreage Report
S.— (1) If the actual planted acreage of peanuts in a crop year is
less than the planted acreage declared on the final acreage report,
(a) the coverage shall be decreased proportionately in calculat-
ing whether there has been a loss; and
(b) the actual production shall be used in calculating the aver-
age farm yield in order to determine coverage for the fol-
lowing crop year.
(2) If the actual planted acreage of peanuts in a crop year is less
than the planted acreage declared in the final acreage report, the
Commission shall not refund any part of the premium.
(3) If the actual planted acreage of peanuts in a crop year exceeds
the planted acreage declared on the final acreage report, the actual
production shall be used in calculating whether there has been a loss
and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced in proportion to the acreage
declared in the final acreage report,
in calculating the average farm yield in order to determine coverage
for the following crop year.
In Witness Whereof, The Crop Insurance Commission of
Ontario has caused this endorsement to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at
this day of
.,19..
Duly Authorized
Representative
--- General Manager
O. Reg. 606/88, Form 1.
REGULATION 236
CROP INSURANCE PLAN FOR PEARS
1. The plan in the Schedule is established for the insurance within
Ontario of pears. R.R.O. 1980, Reg. 216, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Pears".
2. The purpose of this plan is to provide for insurance against a
loss in the production of pears resulting from one or more of the per-
ils designated in section 4.
DERNrnoNS
3. In this plan.
"average yield" means the average total orchard production of the
insured person over the preceding six years allowing for.
(a) age of trees,
(b) biennial bearing,
(c) tree removal, and
(d) change in acreage;
"pears" means all varieties of pears produced in Ontario.
4. The following are designated as perils for the purpose of this
plan:
Ï. Drought.
2. Excessive moisture.
3. Fire blight.
4. Freeze injury.
5. Frost.
6. Hail.
7. Unavoidable pollination failure.
8. Wind damage.
Designation of Crop Year
5. The crop year for pears is the period from the 1st day of Decem-
ber in any year to the 30th day of November next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for pears shall be deemed to be comprised of,
(a) the contract of insurance in Form 1 ;
(b) the application for insurance;
(c) the production guarantee report; and
(d) an amendment to any document referred to in clause (a),
(b) or (c) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of,
(i) $100, or one-quarter of the premium payment made
by the insured person for the previous crop year,
whichever is the greater, or
(ii) an amount to be determined by the Commission;
and
(c) be filed with the Commission not later than the 1st day of
December in the crop year in respect of which it is made.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of December in the crop year during which the
99
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CROP INSURANCE
Reg./Règl. 236
cancellation is to be effective or on or before such other date as may
be determined from time to time by the Commission.
Coverage
9.— (1) Subject to subsection (4), the initial coverage provided
under a contract of insurance shall be 73 per cent of the average yield
in pounds as determined by the Commission multiplied by the estab-
lished price.
(2) Subject to subsection (4), the coverage provided under a con-
tract of insurance following a year in which there was no claim shall
be,
(a) where the previous year's coverage was 70 per cent, 73 per
cent;
(b) where the previous year's coverage was 73 per cent, 76 per
cent;
(c) where the previous year's coverage was 76 per cent, 78 per
cent;
(d) where the previous year's coverage was 78 per cent, 80 per
cent; and
(e) where the previous year's coverage was 80 per cent, 80 per
cent,
of the average yield in pounds as determined by the Commission
multiplied by the established price.
(3) Subject to subsection (4), the coverage provided under a con-
tract of insurance following a year in which there was a claim shall
be,
(a) where the previous year's coverage was 80 per cent, 78 per
cent;
(b) where the previous year's coverage was 78 per cent, 76 per
cent;
(c) where the previous year's coverage was 76 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent; and
(e) where the previous year's coverage was 70 per cent, 70 per
cent,
of the average yield in pounds as determined by the Commission
multiplied by the established price.
(4) Where, in any year, a claim is paid in an amount that is less
than one-half of the total premium for that year, the coverage for the
following year shall remain unchanged.
(5) The number of pounds determined under subsections (1), (2)
and (3) constitutes the total guaranteed production under a contract
of insurance.
10.— (1) The established price for pears is,
(a) 12 cents per pound; or
(b) 16 cents per pound.
(2) Subject to subsections (3) and (4), the established price per
pound selected by an applicant at the time a contract of insurance is
made applies in each succeeding crop year during which the contract
is in force.
(3) Where,
(a) the insured person applies therefor in writing prior to the
1st day of December in the crop year; and
(b) the Commission consents in writing,
any established price designated in subsection (1) may be substituted
for the established price selected by the insured person at the time a
contract of insurance is made or for any established price substituted
in lieu thereof under this subsection.
11. The maximum indemnity for which the Commission is liable
under a contract of insurance is the amount obtained by multiplying
the total guaranteed production determined under section 9 by the
established price per pound determined under section 10.
Premiums
12.— (1) The total premium payable in the crop year is as follows:
(a) where the coverage is 80 per cent, 13 per cent of the guaran-
teed production in pounds multiplied by the established
price;
(b) where the coverage is 78 per cent, 14 per cent of the guaran-
teed production in pounds multiplied by the established
price;
(c) where the coverage is 76 per cent, 15 per cent of the guaran-
teed production in pounds multiplied by the established
price;
(d) where the coverage is 73 per cent, 16 per cent of the guaran-
teed production in pounds multiplied by the established
price; and
(e) where the coverage is 70 per cent, 17 per cent of the guaran-
teed production in pounds multiplied by the established
price.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed by subsection (1) includes payments
In respect of premiums made by the Government of Canada under
the Crop Insurance Act (Canada).
13.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, to
the Commission at the time the production guarantee report pre-
scribed by section 14 is returned to the Commission.
(3) Where a renewal premium is payable in respect of a crop
year, the insured person shall, not later than the 1st day of December
in the crop year, pay the premium deposit as set out in clause 7 (b).
Production Guarantee Report
14. The Commission shall prepare and deliver a production guar-
antee report in the form prescribed by the Commission to each
insured person in each crop year and the insured person shall sign a
copy thereof and return it to the Commission. R.R.O. 1980, Reg.
216, Sched.; O. Reg. 771/81, ss. 1-3; O. Reg. 753/82, s. 1; O. Reg.
39/83, s. 1; O. Reg. 795/83, ss. 1, 2; O. Reg. 8/85, ss. 1, 2; O. Reg.
648/85, ss. 1-5; O. Reg. 69/88, s. 1; O. Reg. 119/89, s. 1; O. Reg.
464/90, s. 1.
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Reg./Règl. 236
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinaf-
ter referred to as "THE COMMISSION",
OF THE RRST PART
-and-
ofthe of
in the County (or as the case may be) of
hereinafter referred to as "THE INSURED PERSON",
OF THE second PART
Whereas the insured person has applied for crop insurance on
pears under The Ontario Crop Insurance Plan for Pears, hereinafter
referred to as "the plan".
Now Therefore, subject to the Crop Insurance Act (Ontario),
and the regulations made thereunder, where in a crop year the
insured person suffers a loss in the production of pears resulting from
one or more of the perils designated in the plan, the Commission,
subject to the terms and conditions hereinafter set forth, agrees to
indemnify the insured person in respect of such loss.
TERMS AND CONDITIONS
Insured Crop
1. In this contract, "insured crop" means all varieties of pears pro-
duced in Ontario.
Causes of Loss Not Insured Against
2. This contract does not insure against, and no indemnity shall be
paid in respect of a loss resulting from,
(a) the negligence, misconduct or poor fanning practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease, other than fire blight; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
3.— (1) The insured person shall offer for insurance all acreage
planted to the insured crop on the farm or farms operated by the
insured person in Ontario, and, subject to subparagraph (2), this
contract applies to all such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes; or
(b) that, in the opinion of the Commission, is not insurable.
4.— (1) All insured acreage shall be harvested unless the Commis-
sion, upon application therefor in writing, consents in writing to the
abandonment or destruction of the insured crop or any part thereof
and, in such case, the Commission shall determine,
(a) the potential production of the unharvested acreage; and
(b) whether the harvesting was prevented by one or more of
the perils insured against.
(2) Where an insured person fails to obtain the consent of the
Commission in accordance with subparagraph (1), no indemnity shall
be paid in respect of the unharvested acreage.
Evaluation of Loss
5.— (1) The amount of loss that shall be taken into account in the
final adjustment of loss in respect of the total insured acreage shall
be calculated by multiplying the difference between the guaranteed
production and the actual production by the established price per
pound.
(2) For the purpose of subparagraph (1), actual production shall
include,
(a) the total orchard run of all insured acreage; and
(b) the potential production of wholly or partially unharvested
acreage where the failure to harvest resulted from a cause
of loss not insured against.
(3) Where the insured crop or any part thereof has suffered
freeze, hail or wind damage to such an extent that it is unsuitable for
sale, it shall not be counted as production.
(4) Despite subparagraph (3), where freeze, hail or wind dam-
aged pears are sold to a winery or distillery at less than the prevailing
price for unblemished fruit, the actual production shall be deemed to
be reduced in the ratio that the salvage value received for the crop
bears to the market price for processing pears as set by The Ontario
Tender Fruit Growers' Marketing Board.
Notice of Loss or Damage
6.-(l) Where,
(a) loss or damage to the insured crop occurs; or
(b) the insured crop or any part thereof is or is intended to be
sold on a pick-your-own basis,
the insured person shall notify the Commission in writing as soon as
the damage occurs in order that a pre-harvest inspection may be
made.
(2) Where the insured person fails to notify the Commission pur-
suant to subparagraph (1), a claim by the insured person is invalid
and the insured person's right to indemnity is forfeited.
Misrepresentation, Violation of Conditions or Fraud
7. Where the insured person,
(a) in an application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
101
Reg./Règl. 236
CROP INSURANCE
Reg./Règl. 236
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the insured person's right
to recover indemnity is forfeited.
Waiver or Alteration
8. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
9. Even if a person other than the insured person holds an interest
of any kind in the insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the crop; and
(b) except as provided in paragraph 10, no indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
10. The insured person may assign all or part of the insured per-
son's right to indemnity under this contract in respect of the insured
crop but an assignment is not binding on the Commission and no
payment of indemnity shall be made to an assignee unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Adjustment of Lxdss
11.— (1) The indemnity payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it deems proper.
(3) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) the actual production obtained from the insured crop for
the crop year; and
(b) that the loss in production or part thereof resulted directly
from one or more of the perils insured against.
(4) Where a loss in production resulted partly from a peril
insured against and partly from a cause of loss not insured against,
the Commission shall determine the amount of the loss that resulted
from the cause of loss not insured against, and the indemnity payable
by the Commission under this contract shall be reduced accordingly.
Proof of Loss
12.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year,
whichever is the earlier.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 10.
(4) Where required by the Commission, the information given in
a proof of loss form shall be verified by statutory declaration.
Arbitration
13. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
14.— (1) No indemnity under this contract becomes due and pay-
able until,
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
15. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
16. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Notice
17.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be served by per-
sonal delivery or by mailing it to the insured person's last known
address on file with the Commission.
(3) A written notice that is mailed shall be deemed to be served
three days after it is mailed.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at ,
this day of ,
.,19.
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 216, Form 1; O. Reg. 39/83, s. 2; O. Reg. 8/85,
s. 3; O. Reg. 119/89, s. 2; O. Reg. 464/90, s. 2.
102
Reg./Règl. 237
ASSURANCE-RÉCOLTE
Reg./Règl. 237
REGULATION 237
CROP INSURANCE PLAN FOR PEAS
1. The plan in the Schedule is established for the insurance within
Ontario of peas. R.R.O. 1980, Reg. 217, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Peas".
2. The purpose of this plan is to provide for insurance against a
loss resulting from one or more of the perils designated in section 4.
Definitions
3. In this plan,
"peas" means green peas produced in Ontario for processing;
"processor" means a person engaged in the business of processing
peas;
"ton" means 2,000 pounds.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Excessive heat.
10. Any other adverse weather condition.
Designation of Crop Year
5. The crop year for peas is the period from the 1st day of March in
any year to the 15th day of September next following.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
peas shall be deemed to be comprised of,
(a) the contract of insurance in Form 1;
(b) the application for insurance; and
(c) an amendment to any document referred to in clause (a) or
(b) agreed upon in writing.
7. An application for insurance shall.
(a) be in a form provided by the Commission; and
(b) be filed with the Commission not later than,
(i) the 1st day of May in the crop year, or
(ii) such other date as may be determined by the Com-
mission.
Duration of Contract
8. A contract of insurance shall be in force for the crop year in
respect of which it is made.
Coverage
9. The coverage per acre provided in the crop year under a con-
tract of insurance shall be 80 per cent of the value of production of
the insured person.
10. The value of production for each acre of the insured crop shall
be computed annually by the Commission on the basis of production
records and shall not include any harvesting costs.
Liability
11. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance is the amount
obtained by multiplying the amount in dollars per acre under section
9 by the number of insured acres.
Premiums
12.— (1) The total premium payable in respect of acreage under
contract to a processor is $65 per acre.
(2) Despite any authorization by an insured person in an applica-
tion for insurance, the payment of the premium is the responsibility
of the insured person and such premium shall be paid in any event
not later than ten days after written demand therefor by the Commis-
sion.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
Final Date For Seeding
13. For the purposes of this plan, the final date for seeding peas in
a crop year is,
(a) in the County of Essex and in the Township of Romney and
Tilbury East in the County of Kent, the 24th day of May;
(b) in the counties of Elgin, Huron, Middlesex, Oxford and
Perth, the 15th day of June; and
(c) in every other part of Ontario, the 5th day of June.
Final Date For Harvesting
14. For the purposes of this plan, the final date for harvesting peas
in a crop year is the 15th day of September or such other date as may
be determined from time to time by the Commission. R.R.O. 1980,
Reg. 217, Sched.; O. Reg. 289/81, s. 1; O. Reg. 307/82, s. 1;
O. Reg. 273/83, s. 1; O. Reg. 357/84, ss. 1-3; O. Reg. 299/85,
ss. 1-4; O. Reg. 208/86, ss. 1, 2; O. Reg. 321/87, ss. 1-3; O. Reg.
443/89, s. 1; O. Reg. 473/90, s. 1.
103
Reg./Règl. 237
CROP INSURANCE
Reg./Règl. 237
TABLE 1
Percentage By-passed
of Total Acreage
Contracted by
Processing Plant
Maximum Insurance
Liability
(percentage of
value of production)
4.9% or less
5-8.9%
9-12.9%
13% or more
80
70
60
50
R.R.0. 1980, Reg. 217, Table 1; O. Reg. 208/86, s. 3.
TABLE 2
Potential Green
Pea Crop
in Tons
Percentage of
Indemnity Otherwise
Payable
2 tons or more
75
P/4 tons
80
IVi tons
85
VA tons
90
1 ton
95
Less than 1 ton
100
R.R.O. 1980, Reg. 217, Table 2.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinaf-
ter referred to as "THE COMMISSION",
OF THE FIRST PART
— and—
of the of
in the County (or as the case may be) of
hereinafter referred to as "THE INSURED PERSON"
OF THE SECOND PART
WHEREAS the insured person has applied for crop insurance on
peas under The Ontario Crop Insurance Plan for Peas, hereinafter
referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, where in a crop year the insured
person suffers a loss resulting from one or more of the perils desig-
nated in the plan, the Commission, subject to the terms and condi-
tions hereinafter set forth, agrees to indemnify the insured person in
respect of such loss.
Causes of Loss Not Insured Against
1. This contract does not insure against, and no indemnity shall be
paid in respect of, a loss resulting from,
(a) the negligence, misconduct or poor farming practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease unless recommended
spray programs were followed; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
2. — (1) The insured person shall offer for insurance all acreage
planted in the crop year to peas on the farm or farms operated by the
insured person in Ontario, whether grown under contract or not and
this contract applies to all such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes;
(b) that was planted after the final date prescribed for planting
in the plan; or
(c) that, in the opinion of the Commission, is not insurable.
Variation in Planted Acreage
3.— (1) Where the acreage planted by the insured person in the
crop year is not the same as that stated in the application for insur-
ance, the insured person shall, not later than the 15th day of July,
notify the Commission in writing of the actual acreage planted.
(2) Where the actual planted acreage of the insured crop is less
than that stated in the application for insurance, the maximum
amount of indemnity shall be reduced proportionately.
(3) Where the actual planted acreage of the insured crop is more
than that stated in the application for insurance, the maximum
amount of indemnity and the premium payable shall not be increased
but the income from the total planted acreage shall be included in
establishing the income of the insured person unless the processor
increases the contract acreage accordingly.
Harvesting of Planted Acreage
4.— (1) All acreage planted to the insured crop in the crop year
shall be harvested as peas for processing unless the Commission,
upon application therefor in writing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) The final date for the harvesting referred to in subparagraph
(1) is the 15th day of September or such other date as may be deter-
mined from time to time by the Commission.
(3) Where the harvesting of any planted acreage is not completed
on the date prescribed by subparagraph (2), the insured person shall
forthwith notify the Commission in writing.
(4) Where an insured person fails to notify the Commission in
accordance with subparagraph (3), no indemnity shall be paid in
respect of the unharvested acreage.
Evaluation of Loss
5.— (1) Where loss or damage to three acres or more of the insured
crop occurs at any time following the planting of the insured crop or
any part thereof, the Commission upon application therefor in writ-
ing by the insured person, may consent in writing to.
104
Reg./Règl. 237
ASSURANCE-RECOLTE
Reg./Règl. 237
(a) one replanting of the damaged acreage, if the replanting is
completed by the final planting date for the area;
(b) the use of the damaged acreage for an alternate crop; or
(c) the abandonment or destruction of the insured crop on such
damaged acreage.
(2) Where the damaged acreage is replanted to peas in accor-
dance with clause (1) (a), the Commission shall pay to the insured
person a supplementary benefit of $135 for each acre replanted and
the contract of insurance shall continue to apply to such replanted
acreage.
(3) Where the damaged acreage is planted to an alternate crop by
the 30th day of June in a crop year in accordance with clause (1) (b),
the Commission shall pay to the insured person a supplementary
benefit of $135 for each acre replanted, the replanted acreage shall
be released from the contract of insurance and the guaranteed pro-
duction and indemnity payable shall be reduced accordingly.
Stage 2
6.— (1) Subject to any revision in insured acreage made under sub-
paragraph 5 (3), and subject to subparagraph (3), the amount of loss
that shall be taken into account in the final adjustment of loss is the
amount by which the sum of,
(a) an amount obtained by multiplying the amount of dollars
per acre coverage by the number of insured acres; and
(b) an allowance for the cost of harvesting as set out in the
grower-processor contract,
exceeds the sum of, .
(c) the total gross income of the insured person from the
insured crop as evidenced by the processor's statement of
production;
(d) the value as determined by the Commission of the potential
production of acreage unharvested for reasons other than
the insured perils; and
(e) any loss sustained by reason of a peril other than the perils
designated in the plan.
(2) Despite subparagraph (1), where all or any part of the insured
acreage is by-passed due to an insured peril, the Commission, upon
application therefor in writing by the insured person, may consent in
writing to the release from the contract of insurance of the by-passed
acreage and adjust the loss on such acreage without regard to the
income from any remaining acreage.
(3) Despite subparagraph (1), the indemnity payable in respect of
by-passed acreage shall be calculated on the basis of the by-passing
record of the processing plant to whom the crop is contracted in
accordance with Table 1.
Misrepresentation, Violation of Conditions or Fraud
7. Where the insured person,
(a) in an application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the insured person's right
to recover indemnity is forfeited.
Waiver or Alteration
8. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
9. Even if a person other than the insured person holds an interest
of any kind in the insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the crop;
(b) except as provided in paragraph 10, no indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
10. The insured person may assign all or part of the insured per-
son's right to indemnity under this contract in respect of the insured
crop but an assignment is not binding on the Commission and no
payment of indemnity shall be made to an assignee unless.
(a)
the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Notice of Loss or Damage
11.— (1) Where loss or damage to the insured crop occurs and the
insured person intends to abandon or destroy the insured crop, or to
replant or use the planted acreage for another purpose, the insured
person shall notify the Commission in writing of such intention and
shall take no further action without the consent in writing of the
Commission.
(2) Where loss or damage to the insured crop occurs and the
damage was occasioned at a readily ascertainable time, the insured
person shall notify the Commission forthwith by telephone and shall
confirm in writing within twenty-four hours after such time.
(3) Where loss or damage to the insured crop occurs and it
appears, or ought reasonably to appear, to the insured person at any
time after planting and before the completion of harvesting of the
insured crop that the production of the insured crop may thereby be
reduced, the insured person shall, as soon as the loss or damage is
apparent, notify the Commission in writing forthwith.
(4) Despite any notice given by the insured person under this
paragraph, where on completion of harvesting of the insured crop its
total gross value as evidenced by the processor's statement of pro-
duction is less than the total insured coverage, the insured person
shall notify the Commission in writing forthwith.
Notice of By-Passing
12. Where acreage is by-passed by the processor, the insured per-
son shall notify the Commission forthwith by telephone and confirm
in writing within twenty-four hours.
105
Reg./Règl. 237
CROP INSURANCE
Reg./Règl. 238
Abandonment, Destruction or Alternate Use
Time For Payment of Indemnity
13.— (1) Acreage planted to the insured crop shall not be put to
another use and the insured crop shall not be abandoned or
destroyed until the Commission has appraised the potential produc-
tion of the acreage.
(2) An appraisal made under subparagraph (1) shall not be taken
into account in the final adjustment of loss where the insured person
harvests the appraised acreage as green peas for processing.
(3) Where by-passed acreage is harvested for use as peas other
than peas for processing, the indemnity otherwise payable shall be
adjusted in accordance with Table 2.
Adjustment of Loss
14.— (1) The indemnity payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it deems proper.
(3) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) the total gross income obtained from the insured crop for
the crop year; and
(b) that the loss in income or part thereof resulted directly from
one or more of the perils insured against.
(4) Where a loss resulted partly from a peril insured against and
partly from a cause of loss not insured against, the Commission shall
determine the amount of the loss that resulted from the cause of loss
not insured against, and the indemnity payable by the Commission
under this contract shall be reduced accordingly.
Proof of Loss
15.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year,
whichever is the earlier.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 10.
(4) Where required by the Commission, the information given in
a proof of loss shall be verified by statutory declaration.
Arbitration
16. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
17.— (1) No indemnity under this contract becomes due and pay-
able until.
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
18. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
19. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Notice
20.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be given by delivery
thereof or by sending it by mail addressed to the insured person at
the insured person's last post office address on file with the Commis-
sion.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at
this day of
,19..
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 217, Form 1; O. Reg. 307/82, s. 2; O. Reg.
273/83, s. 2; O. Reg. 357/84, ss. 4, 5; O. Reg. 299/85, s. 5; O. Reg.
208/86, s. 4; O. Reg. 320/88, s. 1.
REGULATION 238
CROP INSURANCE PLAN FOR PEPPERS
1. The plan in the Schedule is established for the insurance within
Ontario of peppers. R.R.O. 1980, Reg. 218, s. 1.
106
Reg./Règl. 238
ASSURANCE-RECOLTE
Reg./Règl. 238
Schedule
Cn^ Insurance Act (Ontario)
PLAN
1 . This plan may be cited as "The Ontario Crop Insurance Plan for
Peppers".
2. The purpose of this plan is to provide for insurance against a
loss in the production of peppers resulting from one or more of the
perils designated in section 4.
Definitions
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"peppers" means the banana or bell type of peppers produced in
Ontario;
"ton" means 2000 pounds.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive rainfall. =~
3. Flood.
4. Freeze.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Sunburn.
10. Wildlife.
11. Wind.
12. Any other adverse weather condition.
Designation of Crop Year
5. The crop year for peppers is the period from the 1st day of
March in any year to the ISth day of October next following.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
peppers shall be deemed to be comprised of,
(a) the contract of insurance in Form 1;
(b) the application for insurance;
(c) the final acreage report; and
(d) an amendment to any document referred to in clause (a),
(b) or (c) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of the greater of,
(i) $150, or
(ii) $25 per acre; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which the application is
made.
Duration of Contract
8. A contract of insurance shall be in force for the crop year in
respect of which it is made unless it is terminated in accordance with
the regulations.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual _ 2 FActual _ /Average v i •? ^T
Yield Yield 3 L Yield \ Yield ' /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual , 2 F/ Average q ^\_ Actual "I
Yield Yield 2,W Yield ' / Yield J
10.— (1) Subject to subsections (2) and (3), the coverage provided
under a contract of insurance shall be 70 per cent of the average farm
yield in tons of the total acreage planted to peppers by the insured
person in accordance with the regulations.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1. Following the first no claim year, to 73 per cent of the aver-
age farm yield.
2. Following the second no claim year, to 76 per cent of the
average farm yield.
3. Following the third no claim year, to 78 per cent of the
average farm yield.
4. Following the fourth no claim year, to a maximum of 80 per
cent of the average farm yield.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years from the insured level in reverse progres-
sion to that prescribed by subsection (2), except that where a loss
occurs in a year when the coverage is 70 per cent, the coverage shall
be reduced to a minimum of 65 per cent.
107
Reg./Règl. 238
CROP INSURANCE
Reg./Règl. 238
(4) Where, in any year, a claim is paid in an amount less than
one-half of the total premium for that year, the coverage for the fol-
lowing year shall remain unchanged.
(5) The number of tons determined under subsections (1), (2)
and (3) constitutes the total guaranteed production under a contract
of insurance.
11. The maximum amount for which the Commission is liable
under a contract of insurance shall be the amount obtained by multi-
plying the total guaranteed production determined under section 10
by the established price per ton determined under section 12.
12.— (1) The established price for peppers is,
(a) $160per ton; or
(b) $200 per ton.
(2) Where,
(a) the insured person applies therefor in writing on or before
the 1st day of May in a crop year; and
(b) the Commission consents in writing,
any established price designated herein may be substituted for the
established price selected by the insured person at the time of appli-
cation, or for any established price substituted in lieu thereof under
this section.
(3) Where, upon any renewal, the insured person fails to select
an established price under subsection (2), the Commission may des-
ignate the established price applicable to the contract for the crop
year.
Premiums
13.— (1) The premium for peppers is,
(a) $136 per acre where the established price is $160 per ton;
and
(b) $170 per acre where the established price is $200 per ton.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $150.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
14.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
seeds acreage to peppers.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, if
any, to the Commission at the time the insured person files the final
acreage report prescribed by section 17.
Final Date for Planting
each crop year a final acreage report in a form provided by the Com-
mission within ten days after seeding is completed or within such
other time as may be determined by the Commission.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
18.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and, in such
case, shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the insured person notifies the Commission in
writing that the person rejects the revision within ten days after the
Commission notification is served on the person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed and shall refund
any premium or premium deposit paid in respect of that crop year.
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
19.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) Where the Commission prepares a final acreage report under
subsection (1), the Commission shall serve a copy of the report on
the insured person either by personal delivery or by mailing it to the
insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed. R.R.O. 1980, Reg. 218, Sched.; O. Reg.
404/81, ss. 1-5; O. Reg. 95/82, ss. 1, 2; O. Reg. 270/83, s. 1; O. Reg.
459/84, ss. 1, 2; O. Reg. 303/85, ss. 1-5; O. Reg. 85/86, s. 1; O. Reg.
227/88, ss. 1, 2; O. Reg. 306/89, s. 1; O. Reg. 472/90, s. 1.
Forml
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
15. For the purpose of this plan, the final date for planting peppers
in a crop year is the 10th day of June.
Final Date for Harvesting
16. For the purpose of this plan, the final date for harvesting pep-
pers in a crop year is the 15th day of October or such other date as
may be determined from time to time by the Commission.
Final Acreage Reports
17. — (1) Every insured person shall file with the Commission in
Between:
The Crop Insurance Commission of Ontario, hereinaf-
ter referred to as "THE COMMISSION",
OF the first part
— and—
of the of
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Reg./Règl. 238
I
in the County (or as the case may be) of
hereinafter referred to as "THE INSURED
PERSON",
OF THE SECOND PART
Whereas the insured person has applied for crop insurance on
peppers under The Ontario Crop Insurance Plan for Peppers, herein-
after referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario),
and the regulations made thereunder, where in a crop year the
insured person suffers a loss in the production of peppers resulting
from one or more of the perils designated in the plan, the Commis-
sion, subject to the terms and conditions hereinafter set forth, agrees
to indemnify the insured person in respect of such loss.
TERMS AND CONDITIONS
Causes of Loss Nor Insured Against
1. This contract does not insure against, and no indemnity shall be
paid in respect of, a loss in the production of the insured crop result-
ing from,
(a) the negligence, misconduct or poor fanning practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease unless recommended
spray programs were followed; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
2.— (1) The insured person shall offer for insurance all acreage
planted in the crop year to peppers on the farm or farms operated by
the insured person in Ontario and, subject to subparagraph (2), this
contract applies to all such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes;
(b) that was planted after the final date prescribed for planting
in the plan;
(c) that, in the opinion of the Commission, is not insurable; or
(d) on which the insured crop is a volunteer crop.
Variation in Planted Acreage
3.— (1) Where the acreage planted by the insured person in the
crop year is not the same as that stated in the final acreage report,
the insured person shall, not later than the 15th day of July or such
other date as may be determined by the Commission, notify the
Commission in writing of the actual acreage planted.
(2) Where the actual planted acreage of the insured crop is less
than that stated in the final acreage report, the total guaranteed pro-
duction and the maximum amount of the indemnity shall be reduced
proportionately and there shall be no refund of premium.
(3) Where the actual planted acreage of the insured crop is more
than that stated in the final acreage report, the total guaranteed pro-
duction, the maximum amount of indemnity and the premium pay-
able shall not be increased but the production from the total planted
acreage shall be included in establishing the production of the
insured person.
Harvesting of Planted Acreage
4.— (1) All acreage planted to the insured crop in the crop year
shall be harvested unless the Commission, upon application therefor
in writing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) The final date for the harvesting referred to in subparagraph
(1) is the 15th day of October or such other date as may be deter-
mined from time to time by the Commission.
(3) Where the harvesting of any planted acreage is not completed
on the date prescribed by subpargraph (2), the insured person shall
forthwith notify the Commission in writing.
(4) Where an insured person fails to notify the Commission in
accordance with subparagraph (3), no indemnity shall be paid in
respect of the unharvested acreage.
Misrepresentation, Violation or Condhions of Fraud
5. Where the insured person,
(a) in an application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingfy misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the insured person's right
to recover indemnity is forfeited.
Waiver or Alterations
6. No term or condition of the contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
7. Even if a person other than the insured person holds an interest
of any kind in the insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the total guaranteed produc-
tion; and
(b) except as provided in paragraph 8, no indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
8. The insured person may assign all or part of the insured person's
right to indemnity under the contract in respect of the insured crop
but an assignment is not binding on the Commission and no payment
of indemnity shall be made to an assignee unless.
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CROP INSURANCE
Reg./Règl. 238
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Evaluation of Loss
9.— (1) Where loss or damage occurs at any time after the comple-
tion of planting, the Commission, upon application therefor in writ-
ing by the insured person, may consent in writing to,
(a) replanting of the damaged acreage and, in such case, the
replanting shall be completed not later than the 10th day of
June in the crop year or not later than such other date as
may be determined from time to time by the Commission;
or
(b) the use of the damaged acreage for any other purpose or to
the abandonment or destruction of the insured crop on such
damaged acreage and, in such case, the Commission shall
determine the number of damaged acres.
(2) Where the damaged acreage is replanted to the insured crop
in accordance with clause (1) (a), the contract of insurance shall con-
tinue to apply to such replanted acreage and the Commission shall
pay a benefit to the insured person in an amount equal to the actual
cost of the plants that are used in the replanting but not exceeding
the lesser of,
(a) the cost of the original plants in respect of the replanted
acreage; or
(b) an amount calculated at the rate of $500 for each replanted
acre.
(3) Where the damaged acreage is used for any other purpose or
the insured crop is abandoned or destroyed in accordance with clause
(1) (b), a benefit of the cost of the original plants or $500, whichever
is the lesser, for each acre so abandoned or destroyed shall be paid
and the contract of insurance shall cease to apply to such acreage.
(4) Where the damaged acreage is not used for any other purpose
or the crop is not abandoned or destroyed after the Commission has
consented thereto, the amount of loss calculated under subparagraph
(3) shall not be taken into account in the final adjustment of loss.
(5) Where harvesting has been completed, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per ton.
(6) For the purpose of subparagraph (5), actual production shall
include potential production of wholly or partially unharvested acre-
age unless the failure to harvest resulted from a cause of loss desig-
nated in the plan.
Notice of Loss or Damage
10.— (1) Where loss or damage to the insured crop occurs and the
insured person intends to abandon or destroy the insured crop, or to
replant or use the planted acreage for another purpose, the insured
person shall notify the Commission in writing of such intention and
shall take no further action without the consent in writing of the
Commission.
(2) Where loss or damage to the insured crop occurs and the
damage was occasioned at a readily ascertainable time, the insured
person shall notify the Commission in writing within twenty-four
hours of such time.
(3) Where loss or damage to the insured crop occurs and it
appears, or ought reasonably to appear, to the insured person at any
time after planting and before the completion of harvesting of the
insured crop that the production of the insured crop may thereby be
reduced, the insured person shall, as soon as the loss or damage is
apparent, notify the Commission in writing forthwith.
(4) Despite any notice given by the insured person under this
paragraph, where on completion of harvesting of the insured crop
the actual production is less than the total guaranteed production,
the insured person shall notify the Commission in writing forthwith.
Abandonment, Destruction or Alternate Use
11.— (1) Acreage planted to the insured crop shall not be put to
another use and the insured crop shall not be abandoned or
destroyed until the Commission has appraised the potential produc-
tion of the acreage.
(2) An appraisal made under subparagraph (1) shall not be taken
into account in the final adjustment of loss where the insured person
harvests the appraised acreage.
Adjustment of Loss
12.— (1) The indemnity payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it considers proper.
(3) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) the actual production obtained from the insured crop for
the crop year; and
(b) that the loss in production or part thereof resulted directly
from one or more of the perils insured against.
(4) Where a loss in production resulted partly from a peril
insured against and partly from a cause of loss not insured against,
the Commission shall determine the amount of the loss that resulted
from the cause of loss not insured against, and the indemnity payable
by the Commission under this contract shall be reduced accordingly.
(5) The indemnity payable with respect to the total planted acre-
age in the final adjustment of loss shall be the sum of all loss calcula-
tions applicable to such acreage, but, where the actual production of
any harvested acreage exceeds the guaranteed production of such
acreage, the indemnity otherwise payable for a loss in production
shall be reduced by the amount obtained by multiplying such excess
by the established price per ton.
Proof of Loss
13.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sbcty days after,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year,
whichever is the earlier.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 8.
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I
(4) Where required by the Commission, the information given in
a proof of loss form shall be verified by statutory declaration.
Arbitration
14. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under the contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
IS.— (1) No indemnity under the contract becomes due and pay-
able until,
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
16. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
17. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Notice
18.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be given by delivery
thereof or by sending it by mail addressed to the insured person at
the insured person's last post office address on file with the Commis-
sion.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
this
Countersigned and dated at
day of ,
.,19.
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 218, Form 1; O. Reg. 404/81, s. 6; O. Reg.
95/82, s. 3; O. Reg. 270/83, s. 2; O. Reg. 459/84, s. 3; O. Reg.
303/85, s. 6; O. Reg. 227/88, s. 3; O. Reg. 306/89, s. 2.
REGULATION 239
CROP INSURANCE PLAN FOR PLUMS
1. The plan in the Schedule is established for the insurance within
Ontario of plums. R.R.O. 1980, Reg. 219, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Plums".
2. The purpose of this plan is to provide for insurance against a
loss in the production of plums resulting from one or more of the
perils designated in section 4.
Dehnitions
3. In this plan.
"average yield" means the average total orchard production of the
insured person over the preceding six years allowing for,
(a) age of trees,
(b) tree removal, and
(c) change in acreage;
"plums" means all varieties of plums produced in Ontario.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
3. Freeze injury.
4. Frost.
5. Hail.
6. Hurricane or tornado damage.
7. Unavoidable pollination failure.
Designation of Crop Year
5. The crop year for plums is the period from the 1st day of
December in any year to the 30th day of November next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for plums shall be deemed to be comprised of,
(a) the contract of insurance in Form 1 ;
(b) the application for insurance;
(c) the production guarantee report; and
(d) an amendment to any document referred to in clause (a),
(b) or (c) agreed upon in writing.
7. An application for insurance shall.
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CROP INSURANCE
Reg./Règl. 239
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of,
(i) $100, or one-quarter of the premium payment made
by the insured person for the previous crop year,
whichever is the greater, or
(ii) an amount to be determined by the Commission;
and
(c) be filed with the Commission not later than the 1st day of
December in the crop year in respect of which it is made.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the party on or before
the 1st day of December in the crop year during which the cancella-
tion is to be effective or on or before such other date as may be
determined from time to time by the Commission.
Coverage
9.— (1) Subject to subsections (2) and (3), the coverage provided
under a contract of insurance is 63 per cent of the average yield as
determined by the Commission multiplied by the established price.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1 . Following the first no claim year, to 66 per cent.
2. Following the second no claim year, to 68 per cent.
3. Following the third no claim year, to a maximum of 70 per
cent.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years from the insured level in reverse progres-
sion to that prescribed by subsection (2), except that where a claim
occurs in a year when the coverage is 63 per cent, the coverage shall
be reduced to a minimum of 60 per cent.
(4) The number of pounds determined under subsections (1), (2)
and (3) constitutes the total guaranteed production under a contract
of insurance.
10.— (1) The established price for plums is,
(a) 15 cents; or
(b) 20 cents,
per pound.
(2) Subject to subsections (3) and (4), the established price per
pound selected by an applicant at the time a contract of insurance is
made applies in each succeeding crop year during which the contract
is in force and that such price is prescribed by the regulations.
(3) Where,
(a) the insured person applies therefor in writing prior to the
1st day of December in the crop year; and
(b) the Commission consents in writing,
any established price designated in subsection (1) may be substituted
for the established price selected by the insured person at the time a
contract of insurance is made or for any established price substituted
in lieu thereof under this subsection.
(4) Despite anything in this section, the price selected by the
insured person shall not exceed the average price received by that
person for all plums marketed over the preceding year.
11. The maximum indemnity for which the Commission is liable
under a contract of insurance shall be the amount obtained by multi-
plying the total guaranteed production determined under section 9
by the established price per pound determined under section 10.
Premiums
12.— (1) The total premium payable in the crop year is,
(a) where the level of coverage is 70 per cent, 21 per cent;
(b) where the level of coverage is 68 per cent, 22 per cent;
(c) where the level of coverage is 66 per cent, 23 per cent;
(d) where the level of coverage is 63 per cent, 24 per cent; and
(e) where the level of coverage is 60 per cent, 25 per cent,
of the guaranteed production in pounds multiplied by the established
price.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed in subsection (1) includes payments
in respect of premiums made by the Government of Canada under
the Crop Insurance Act (Canada).
13.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, to
the Commission at the time the production guarantee report pre-
scribed by section 14 is returned to the Commission.
(3) Where a renewal premium is payable in respect of a crop
year, the insured person shall, not later than the 1st day of December
in the crop year, pay the premium deposit as set out in clause 7 (b).
Production Guarantee Report
14. The Commission shall prepare and deliver a production guar-
antee report in the form prescribed by the Commission to each
insured person in each crop year and the insured person shall sign a
copy thereof and return it to the Commission. R.R.O. 1980, Reg.
219, Sched.; O. Reg. 772/81, ss. 1-3; O. Reg. 754/82, s. 1; O. Reg.
40/83, s. 1; O. Reg. 797/83, ss. 1, 2; O. Reg. 9/85, s. 1; O. Reg.
649/85, ss. 1-5; O. Reg. 36/89, s. 1.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinaf-
ter referred to as "THE COMMISSION",
OF the first part
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Reg./Règl. 239
— and—
of the of
in the County (or as the case may be) of
hereinafter referred to as "THE INSURED PERSON"
OF THE SECOND PART
Whereas the insured person has applied for crop insurance on
plums under The Ontario Crop Insurance Plan for Plums, herein-
after referred to as "the plan".
Now Therefore, subject to the Crop Insurance Act (Ontario),
and the regulations made thereunder, where in a crop year the
insured person suffers a loss in the production of plums resulting
from one or more of the perils designated in the plan, the Commis-
sion, subject to the terms and conditions hereinafter set forth, agrees
to indemnify the insured person in respect of such loss.
TERMS AND CONDITIONS
Insured Crop
1 . In this contract, "insured crop" means all varieties of plums pro-
duced in Ontario.
Causes of Loss Not Insured Against
2. This contract does not insure against, and no indemnify shall be
paid in respect of a loss resulting from,
(a) the negligence, misconduct or poor farming practices of the
insured person or the person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
3.— (1) The insured person shall offer for insurance all acreage
planted to the insured crop on the farm or farms operated by the per-
son in Ontario, and, subject to subparagraph (2), this contract
applies to all such acreage.
(2) This contract does not apply to, and no indemnify is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes; or
(b) that, in the opinion of the Commission, is not insurable.
4.— (1) All insured acreage shall be harvested unless the Commis-
sion, upon application therefor in writing, consents in writing to the
abandonment or destruction of the insured crop or any part thereof
and, in such case, the Commission shall determine,
(a) the potential production of the unharvested acreage; and
(b) whether the harvesting was prevented by one or more of
the perils insured against.
(2) Where an insured person fails to obtain the consent of the
Commission in accordance with subparagraph (1), no indemnity shall
be paid in respect of the unharvested acreage.
Evaluation of Loss
5.— (1) The amount of loss that shall be taken into account in the
final adjustment of loss in respect of the total insured acreage shall
be calculated by multiplying the difference between the guaranteed
production and the actual production by the established price per
pound.
(2) For the purpose of subparagraph (I), actual production shall
include,
(a) the total orchard run of all insured acreage; and
(b) the potential production of wholly or partially unharvested
acreage where the failure to harvest resulted from a cause
of loss not insured against.
(3) Where the insured crop or any part thereof has suffered
freeze, hail, hurricane or tornado damage to such an extent that it is
unsuitable for sale, it shall not be counted as production.
(4) Despite subparagraph (3), where freeze, hail, hurricane or
tornado damaged plums are sold to a winery or distillery at less than
the prevailing price for unblemished fruit, the actual production shall
be deemed to be reduced in the ratio that the salvage value received
for the crop bears to the market price for processing plums as set by
The Ontario Tender Fruit Growers' Marketing Board.
Notice of Loss or Damage
6.-(l) Where,
(a) loss or damage to the insured crop occurs; or
(b) the insured crop or any part thereof is or is intended to be
sold on a pick-your-own basis,
the insured person shall notify the Commission in writing prior to
harvest in order that a pre-harvest inspection may be made.
(2) Despite subparagraph (1), where loss or damage to the
insured crop occurs and the damage was occasioned at a readily
ascertainable time, the insured person shall notify the Commission in
writing within the following time limits:
1. For hail, hurricane or tornado damage, within three days of
the time of loss.
2. For frost damage or freeze injury affecting the qualify of
the fruit, within three days of the time of loss.
(3) Where the insured person fails to notify the Commission
under subparagraphs (1) and (2), a claim by the insured person is
invalid and the right to indemnify is forfeited.
Misrepresentation, Violation of Conditions or Fraud
7. Where the insured person,
(a) in an application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the right to recover
indemnity is forfeited.
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Reg./Règl. 239
Waiver or Alteration
8. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
9. Even if a person other than the insured person holds an interest
of any kind in the insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the crop; and
(b) except as provided in paragraph 10, no indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
10. The insured person may assign all or part of the right to indem-
nity under this contract in respect of the insured crop but an assign-
ment is not binding on the Commission and no payment of indemnity
shall be made to an assignee unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Adjustment of Loss
11.— (1) The indemnity payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it deems proper.
(3) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) the actual production obtained from the insured crop for
the crop year; and
(b) that the loss in production or part thereof resulted directly
from one or more of the perils insured against.
(4) Where a loss in production resulted partly from a peril
insured against and partly from a cause of loss not insured against,
the Commission shall determine the amount of the loss that resulted
from the cause of loss not insured against, and the indemnity payable
by the Commission under this contract shall be reduced accordingly.
Proof of Loss
12.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year,
whichever is the earlier.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the person's failure or refusal to do so, by an assignee
under an assignment made in accordance with paragraph
10.
(4) Where required by the Commission, the information given in
a proof of loss form shall be verified by statutory declaration.
Arbitration
13. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
14.— (1) No indemnity under this contract becomes due and pay-
able until.
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sbcty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
15. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
16. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
17.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be given by delivery
thereof or by sending it by mail addressed to the insured person at
the person's last post office address on file with the Commission.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at ,
this day of
.,19..
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 219, Form 1; O. Reg. 40/83, s. 2; O. Reg. 9/85,
s. 2.
114
Reg./Règl. 240
ASSURANCE-RECOLTE
Reg./Règl. 240
i
REGULATION 240
CROP INSURANCE PLAN FOR POPPING CORN
1. The plan in the Schedule is established for the insurance within
Ontario of popping corn. O. Reg. 312/81, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1 . This plan may be cited as "The Ontario Crop Insurance Plan for
Popping Corn".
2. The purpose of this plan is to provide for insurance against a
loss in the production of popping corn resulting from one or more of
the perils designated in section 4.
Dehnitions
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"popping com" means shelled grain com grown for popping that,
(a) when shelled, has a moisture content of not more than 13
f>er cent, and
(b) is of a merchantable quality suitable for human consump-
tion.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
Designation of Crop Year
5. The crop year for popping corn is the period from the 1st day of
March in any year to the 1st day of December next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for popping corn shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) an endorsement for popping com in Form 1;
(c) the application for insurance; and
(d) an amendment to any document referred to in clause (a),
(b) or (c) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which the application is
made; and
(c) be accompanied by a minimum premium deposit of $100.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to be effective.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and.
(a)
if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted .
Yield
Actual
Yield "
[Actual _ /
Yield V
Average ^ j 3
Yield
)]
(b)
if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted ^ Actual 2 F/ Average „,\_ Actual
Yield Yield 3 L V Yield
)_ Actual "I
Yield J
10.— (1) Subject to subsections (2), (3) and (4), the coverage pro-
vided under a contract of insurance shall be 70 per cent of the aver-
age farm yield in pounds of the total acreage seeded to popping corn
by the insured person in accordance with the regulations or as may
be otherwise determined by the Commission.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1. Following the first no claim year to 73 per cent of the average
farm yield.
2. Following the second no claim year to 76 per cent of the aver-
age farm yield.
115
Reg./Règl. 240
CROP INSURANCE
Reg./Règl. 240
3. Following the third no claim year to 78 per cent of the average
farm yield.
4. Following the fourth no claim year to a maximum of 80 per
cent of the average farm yield.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years from the insured level in reverse progres-
sion to that prescribed by subsection (2), except that where a claim
occurs in a year when the coverage is 70 per cent, the coverage shall
be reduced to a minimum of 65 per cent.
(4) Where, in any year, a claim is paid in an amount less than half
the total premium for that year, the coverage for the following year
shall remain unchanged.
(5) The number of pounds determined under subsections (1), (2)
and (3) constitutes the total guaranteed production under a contract
of insurance.
1 1 . The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance is the amount
obtained by multiplying the total guaranteed production determined
under section 10 of the established price per pound prescribed by
section 12.
12. For the purpose of this plan, the established price for popping
corn is $0.15 per pound.
Premiums
13.— (1) The total premium is $45.50 per acre.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
(4) The insured person shall pay the premium not later than ten
days after the Commission has made a written demand for its pay-
ment.
(5) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Government of Canada under
the Crop Insurance Act (Canada). O. Reg. 312/81, Sched.;
O. Reg. 96/82, ss. 1, 2; O. Reg. 218/82, ss. 1, 2; O. Reg. 269/83,
s. 1; O. Reg. 291/85, ss. 1, 2; O. Reg. 225/88, ss. 1, 2; O. Reg.
304/89, s. 1; O. Reg. 450/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
POPPING CORN ENDORSEMENT
Whereas the insured person has applied for crop insurance for
popping corn under The Ontario Crop Insurance Plan for Popping
Corn, hereinafter referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover popping corn.
Harvesting of Seeded Acreage
1. All acreage seeded to popping corn in a crop year shall be har-
vested unless the Commission, upon application therefor in writing,
consents in writing to,
(a) the use of the seeded acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
Evaluation of Loss
2. For the purposes of determining the loss in production of pop-
ping corn in a crop year and the indemnity payable therefor, the
value of the crop shall progress through the stages prescribed in para-
graphs 3 and 4.
Stage 1
3.— (1) Stage 1 comprises the period from the date on which the
seeding of acreage to popping corn is completed to and including the
15th day of June in the crop year.
(2) Where loss or damage occurs in Stage 1, the Commission,
upon application therefor in writing by the insured person, may con-
sent in writing to,
(a) the seeding of the damaged acreage to another crop; or
(b) the abandonment or destruction of the insured crop on such
damaged acreage and, in such case, the Commission shall
determine the number of damaged acres and the potential
production thereof.
(3) Where the damaged acreage is in excess of three acres and is
reseeded in accordance with clause (2) (a), the contract of insurance
shall cease to apply to such reseeded acreage and the total guaran-
teed production shall be reduced accordingly.
(4) Where the damaged acreage is abandoned or destroyed in
accordance with clause (2) (b), the amount of loss that shall be taken
into account in the final adjustment of loss in respect of the total
seeded acreage shall be calculated by multiplying,
(a) 50 per cent of the guaranteed production for the damaged
acreage; or
(b) the difference between the guaranteed production and the
potential production determined under subparagraph (2),
for the damaged acreage,
whichever is the lesser, by the established price per pound.
(5) Subject to subparagraph (6), where the crop on damaged
acreage is not abandoned or destroyed after the Commission has
consented thereto, the amount of loss calculated under subparagraph
(4) shall not be taken into account in the final adjustment of loss, and
the value of the crop shall progress into Stage 2.
(6) Despite any application made in writing by the insured person
under this paragraph, the Commission may, where loss or damage
occurs in Stage 1, notify the insured person in writing that it intends
to terminate the insurance coverage on such damaged acreage and to
calculate the amount of loss in the manner prescribed in subpara-
graph (4) with respect to such damaged acreage and where notice of
such intention has been given, the Commission shall calculate
accordingly the amount of loss to be taken into account in the final
adjustment of loss and the value of the insured crop on such dam-
aged acreage shall not progress beyond Stage 1.
Stage 2
4. — (1) Stage 2 commences on the 16th day of June in the crop
year and, with respect to any part of the seeded acreage, ends with
the completion of harvesting of such part.
(2) Where loss or damage occurs in Stage 2, the Commission,
upon application therefor in writing by the insured person, may con-
sent in writing to the abandonment or destruction of the insured crop
on such damaged acreage and in such case, the Commission shall
determine the number of damaged acres and the potential produc-
tion thereof.
116
Reg./Règl. 240
ASSURANCE-RECOLTE
Reg./Règl. 241
(3) Where the insured crop is abandoned or destroyed in accor-
dance with subparagraph (2), the amount of loss that shall be taken
into account in the final adjustment of loss in respect of the total
seeded acreage shall be calculated by multiplying the difference
between,
(a) the guaranteed production for the damaged acreage; and
(b) the potential production determined under subparagraph
(2) for the damaged acreage,
by the established price per pound.
(4) Where the crop is not abandoned or destroyed after the Com-
mission has consented thereto, the amount of loss calculated under
subparagraph (3) shall not be taken into account in the final adjust-
ment of loss.
(5) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total seeded acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per pound.
Salvage
5. Where, as the result of an insured peril, the insured crop or any
part thereof is suitable only for feed, the amount of loss that shall be
taken into account in the final adjustment of loss shall be the amount
by which the liability under this plan for the damaged acreage
exceeds the actual production for the damaged acreage multiplied by
the highest established price for grain corn under The Ontario Crop
Insurance Plan for Com.
6. The indemnity payable with respect to the total seeded acreage
in the final adjustment of loss shall be the sum of all Stage 1 and
Stage 2 loss calculations applicable to such acreage, but where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable for a loss in production shall be reduced by the
amount obtained by multiplying such excess by the established price
per pound.
Variation in Seeded Acreage
7.— (1) Where the actual seeded acreage of popping com in a crop
year is less than the seeded acreage declared by the insured person,
the guaranteed production and the amount of insurance shall be
reduced proportionately.
(2) Where the actual seeded acreage of popping com in a crop
year exceeds the seeded acreage declared by the insured person, the
total guaranteed production shall remain unchanged.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at ....
this day of.
,19..
Duly Authorized
Representative
General Manager
O. Reg. 312/81, Form 2; O. Reg. 450/90, s. 2.
REGULATION 241
CROP INSURANCE PLAN FOR POTATOES
1. The plan in the Schedule is established for the insurance within
Ontario of potatoes. O. Reg. 314/81, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Potatoes".
2. The purpose of this plan is to provide for insurance against a
loss in production of potatoes resulting from one or more of the per-
ils designated in section 4.
Definitions
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the iiisured person has not been
enrolled in the plan for ten years;
"hundredweight" means 100 pounds;
"potatoes" means field mn potatoes produced in Ontario.
Designation of Perii^
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wind.
10. Wildlife.
Crop Year
5. The crop year for potatoes is the period from the 1st day of
March in any year to the 15th day of November next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for potatoes shall be deemed to be comprised of.
117
Reg./Règl. 241
CROP INSURANCE
Reg./Règl. 241
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) the application for insurance;
(c) an endorsement for potatoes in Form 1 ;
(d) the final acreage report for each crop year; and
(e) any amendment to a document referred to in clause (a),
(b), (c) or (d) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of,
(i) $1 per acre, or
(ii) $100,
whichever is greater; and
(c) be filed with the Commission,
(i) in respect of acreage in the counties of Essex, Kent,
Elgin and Norfolk, not later than the 1st day of
April, and
(ii) in respect of all other acreage, not later than the 1st
day of April,
in the crop year in respect of which it is made.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party made
not later than the final date for application for the area and the crop
year in which the cancellation is to be effective.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted ^ Actual _ 2
Yield Yield 3
[Actual /Average ^ j 3 Xl
Yield V Yield ' /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual
Yield
Yield
+ l[(^'^^'^^&^ X 0 7V Actual 1
3L\ Yield ■ / Yield J
10.— (1) Subject to subsection (4), the initial coverage provided
under a contract of insurance shall be 75 per cent of the average farm
yield in hundredweights of the total acreage seeded to potatoes by
the insured person.
(2) Subject to subsection (4), the coverage provided under a con-
tract of insurance following a year in which there was no claim shall
be,
(a) where the previous year's coverage was 70 per cent, 73 per
cent;
(b) where the previous year's coverage was 73 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 78 per
cent;
(d) where the previous year's coverage was 78 per cent, 80 per
cent; and
(e) where the previous year's coverage was 80 per cent, 80 per
cent,
of the average farm yield in hundredweights of the total acreage
seeded to potatoes by the insured person.
(3) Subject to subsection (4), the coverage provided under a con-
tract of insurance following a year in which there was a claim shall
be,
(a) where the previous year's coverage was 80 per cent, 78 per
cent;
(b) where the previous year's coverage was 78 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent; and
(e) where the previous year's coverage was 70 per cent, 70 per
cent,
of the average farm yield in hundredweights of the total acreage
seeded to potatoes by the insured person.
(4) Where, in any year, a claim is paid in an amount that is less
than one-half of the total premium for that year, the coverage for the
following year shall remain unchanged.
11. The established price for potatoes is,
(a) $4 per hundredweight; or
(b) $5 per hundredweight.
12. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance shall be the amount
obtained by multiplying the total guaranteed production determined
under section 10 by the established price per hundredweight pre-
scribed in section 11.
Premiums
13.— (1) The total premium for potatoes is,
(a) $72 per acre where the established price is $4 per hundred-
weight; or
(b) $90 per acre where the established price is $5 per hundred-
weight.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed by subsection (1) includes payments
118
Reg./Règl. 241
ASSURANCE-RÉCOLTE
Reg./Règl. 241
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
14.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
plants acreage to potatoes.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, if
any, to the Commission at the time the final acreage report pre-
scribed by section 15 is filed.
Final Acreage Reports
15.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the planting of acreage to potatoes is
completed.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
16.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and in such
case, shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the Commission is notified in writing that the
insured person rejects the revision within ten days after the Commis-
sion notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed and shall refund
any premium or premium deposit paid in respect of that crop year.
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
17.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) The Commission shall serve a copy of the final acreage
report, if one is prepared, on the insured person either by personal
delivery or by mailing it to the insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Final Date for Planting
18. For the purposes of this plan, the final date for planting pota-
toes in a crop year is the 15th day of June. O. Reg. 314/81, Sched.;
O. Reg. 97/82, ss. 1-3; O. Reg. 49/83, s. 1; O. Reg. 142/84, ss. 1-3;
O. Reg. 159/86, ss. 1-7; O. Reg. 328/87, ss. 1-3; O. Reg. 516/88,
s. 1; O. Reg. 301/89, s. 1; O. Reg. 451/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
POTATO ENDORSEMENT
Whereas the insured person has applied for crop insurance for
potatoes under The Ontario Crop Insurance Plan for Potatoes, here-
inafter referred to as "the plan", and has paid the deposit premium
prescribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover potatoes.
Harvesting of Planted Acreage
1.— (1) All acreage planted to potatoes in a crop year shall be har-
vested unless the Commission, upon application therefor in writing,
consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) Where the harvesting of any planted acreage is not completed
within the normal time for harvesting for the area in which the
planted acreage is situate, the insured person shall forthwith notify
the Commission in writing.
(3) Where the insured person fails to notify the Commission in
accordance with subparagraph (2), no indemnity shall be paid in
respect of the unharvested acreage.
Stage 1
2.— (1) Stage 1 comprises the period from the date on which the
planting of acreage to potatoes is completed to and including the
15thday of June.
(2) Where three acres or more of the insured crop is lost or dam-
aged in Stage 1, the Commission, upon application therefor in writ-
ing by the insured person may consent in writing to,
(a) the replanting of the damaged acreage provided that the
replanting is completed not later than the 15th day of June;
(b) the abandonment or destruction of the insured crop on such
damaged acreage and, in such case, the Commission shall
determine the number of damaged acres and the potential
production thereof.
(3) Where the damaged acreage is replanted to potatoes in accor-
dance with clause (2) (a), the Commission shall pay an indemnity of
$200 for each acre replanted and the contract of insurance shall con-
tinue to apply to such replanted acreage.
(4) Where the damaged acreage is replanted to another crop, the
Commission shall pay an indemnity of $200 per acre and the contract
of insurance shall terminate with respect to such acreage.
(5) Where the damaged acreage is destroyed or abandoned in
accordance with clause (2) (b), the amount of loss that shall be taken
into account in the final adjustment of loss in respect of the total
planted acreage shall be calculated by multiplying,
(a) 50 per cent of the guaranteed production for the damaged
acreage; or
(b) the difference between the guaranteed production and the
119
Reg./Règl. 241
CROP INSURANCE
Reg./Règl. 241
potential production determined under subparagraph (2)
for the damaged acreage,
whichever is the lesser by the established price per hundredweight.
(6) Despite any application made in writing by the insured person
under this paragraph, the Commission may, where loss or damage
occurs in Stage 1, notify the insured person in writing that it intends
to terminate the insurance coverage on such damaged acreage and,
in such case, no further indemnity shall be payable in respect of the
damaged acreage.
Stage 2
3.— (1) Stage 2 commences on the 16th day of June and for any
part of the planted acreage ends with the completion of harvesting of
such part.
(2) Where loss or damage occurs in Stage 2, the Commission,
upon application therefor in writing by the insured person, may con-
sent in writing to the use of the damaged acreage for any other pur-
pose or to the abandonment or destruction of the insured crop on
such damaged acreage and, in such case, the Commission shall deter-
mine the number of damaged acres and the potential production
thereof.
(3) Where,
(a) damaged acreage is used for any other purpose or the
insured crop thereon is abandoned or destroyed in accor-
dance with subparagraph (2); or
(b) the harvesting of any planted acreage is not completed
within the normal time for harvesting for the area in which
the planted acreage is situate,
the amount of loss that shall be taken into account in the final adjust-
ment of loss in respect of the total planted acreage shall be calculated
by multiplying the amount by which the guaranteed production for
the damaged or unharvested acreage, as the case may be, exceeds
the potential production determined therefor by the price per hun-
dredweight.
(4) Where damaged acreage is not used for any other purpose or
the crop thereon is not abandoned or destroyed after the Commis-
sion has consented thereto, the amount of loss calculated under sub-
paragraph (3) shall not be taken into account in the final adjustment
of loss.
(5) Where the actual production of the acreage harvested is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per hundredweight.
(6) Acreage harvested before the crop planted on it is mature is
deemed to have yielded at least the guaranteed production unless the
Commission has appraised the crop using an appraisal method that is
reasonable in the circumstances.
Final Adjustment of Loss for Total Planted Acreage
4.— (1) The indemnity payable with respect to the total planted
acreage in the final adjustment of loss shall be the sum of all Stage 1
and Stage 2 loss calculations applicable to such acreage, but, subject
to subparagraph (2), where the actual production of any harvested
acreage or the potential production of any unharvested acreage
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable shall be reduced by the amount obtained by multi-
plying such excess by the established price per hundredweight.
(2) No more than one indemnity payment with respect to the
same planted acreage shall be paid in any one of the Stages.
(3) Where a loss resulted partly from a peril insured against and
partly from a cause of loss not insured against, the Commission shall
determine the amount of the loss not insured against, and the indem-
nity payable by the Commission under the contract shall be reduced
accordingly.
Damage After Harvest
5.— (1) No indemnity shall be paid in respect of any loss or damage
suffered by the insured crop after harvest and, subject to subpara-
graph (2), no indemnity shall be paid with respect to potatoes in stor-
age.
(2) Where, as a result of frost damage prior to harvest, the
insured crop or any part thereof breaks down in storage, the Com-
mission shall pay an indemnity therefor provided,
(a) notice of frost damage was received by the Commission
prior to harvest; and
(b) the damaged potatoes are clearly identified in storage to the
satisfaction of the Commission.
Measurement of Yieuj
6. The Commission may measure the yield of the insured crop
either before or after harvest by such means as it deems proper.
Incorrect Acreage in Final Acreage Report
7.— (1) Where the actual seeded acreage of potatoes in a crop year
is less than the seeded acreage declared on the final acreage report,
the guaranteed production shall be decreased proportionately in cal-
culating whether there has been a loss and the actual production shall
be used in calculating the average production for purposes of deter-
mining coverage for the following crop year, and there shall be no
refund of premium.
(2) Where the actual seeded acreage of potatoes in a crop year
exceeds the seeded acreage declared on the final acreage report, the
actual production shall be used in calculating whether there has been
a loss and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced proportionately,
in calculating the average production for purposes of determining
coverage for the following crop year.
Notice of Loss or Damage
8. Where loss or damage to the insured crop occurs and the dam-
age was occasioned at a readily ascertainable time, the insured per-
son shall notify the Commission forthwith by telephone and shall
confirm in writing within twenty-four hours of such time.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at
this day of
Duly Authorized
Representative
,19.,
General Manager
O. Reg. 314/81, Form 2; O. Reg. 97/82, s. 4; O. Reg. 49/83, s. 2;
O. Reg. 328/87, ss. 4-7; O. Reg. 516/88, s. 2.
120
Reg./Règl. 242
ASSURANCE-RECOLTE
Reg./Règl. 242
REGULATION 242
CROP INSURANCE PLAN FOR
PUMPKINS AND SQUASH
1. The plan in the Schedule is established for the insurance within
Ontario of pumpkins and squash. O. Reg. 287/85, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Pumpkins and Squash".
2. The purpose of this plan is to provide for insurance against a
loss in the production of a crop resulting from one or more of the
perils designated in section 4.
DEnNITIONS
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"crop" means pumpkins or squash, or both, grown in Ontario,
(a) for processing under a contract between a grower and a
processor of vegetables under the Farm Products Marketing
Act and the regulations made thereunder, and
(b) on acreage or for tonnage specified in such contract;
"ton" means 2,000 pounds.
Designation of Perils
4.— (1) Subject to subsection (2), the following are designated as
perils for the purposes of this plan:
1. Drought.
2. Excessive heat.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
(2) This contract does not insure against a loss in the production
of the crop in a crop year resulting from insect infestation or plant
disease unless the insured person establishes that a recommended
control program was followed during the crop year.
5. The crop year for the crop is the period from the 1st day of
March in any year to the 25th day of October next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for the crop shall be deemed to be composed of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) the application for insurance;
(c) an endorsement for the crop in Form 1;
(d) the final acreage report for each crop year; and
(e) any amendment to a document referred to in clause (a),
(b), (c) or (d) agreed upon in writing.
7.— (1) An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of at least $100; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which it is made.
(2) Premium deposits prescribed by clause (1) (b) shall not be
reftindable unless no acreage is planted to the crop.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to be effective.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula,
Adjusted_ Actual 2 rActual_ /Average , -xW
Yield Yield 31 Yield V Yield ' /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted ^ Actual , 2 F /Average ^ ^\_ Actual "1
Yield Yield 3Lv Yield ' / Yield J
10.— (1) Subject to subsections (2), (3) and (4), the coverage pro-
vided under a contract of insurance shall be 70 per cent of the aver-
age farm yield in tons of the total acreage seeded to the crop by the
insured person in accordance with the regulations.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1. Following the first no claim year, to 73 per cent of the aver-
age farm yield.
121
Reg./Règl. 242
CROP INSURANCE
Reg./Règl. 242
2. Following the second no claim year, to 76 per cent of the
average farm yield.
3. Following the third no claim year, to 78 per cent of the
average farm yield.
4. Following the fourth no claim year, to a maximum of 80 per
cent of the average farm yield.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years from the insured level in reverse progres-
sion to that prescribed by subsection (2), except that where a claim
occurs in a year where the coverage is 70 per cent, the coverage shall
be reduced to a minimum of 65 per cent.
(4) Where, in any year, a claim is paid in an amount that is equal
to or less than the total premium for that year, the coverage for the
following year shall remain unchanged.
(5) The number of tons determined under subsections (1), (2)
and (3) constitutes the total guaranteed production under a contract
of insurance.
11. For the purposes of this plan, the established price for the crop
is $30 per ton.
12. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance shall be the amount
obtained by multiplying the total guaranteed production determined
under section 10 by the established price per ton prescribed in sec-
tion 11.
Premiums
13.— (1) Subject to subsection (2), the total premium is $15 per
acre.
(2) The minimum premium payable by an insured person in each
crop year is $100.
(3) The premium prescribed by subsection (1) includes pajmients
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
14.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
seeds acreage to the crop.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit pre-
scribed by subsection (3), to the Commission at the time the insured
person files the final acreage report prescribed by section 15.
(3) Where a renewal premium is payable in respect of a crop
year, the insured person shall, not later than the 1st day of May in
the crop year, pay a premium deposit in accordance with clause
7 (1) (b).
Final Acreage Report
15. — (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the seeding of acreage to the crop is
complete.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
16.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and, in such
case, shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the Commission is notified in writing that the
insured person rejects the revision within ten days after the Commis-
sion notification is served on the insured person.
(3) For the purposes of subsection (2), the Conmiission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from the insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed.
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report foe
the crop year.
17.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) Where the Commission prepares a final acreage report under
subsection (1), the Commission shall serve a copy of the report on
the insured person either by personal delivery or by mailing it to the
insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Final Date for Seeding
18. For the purposes of this plan, the final date for seeding in a
crop year is the 1st day of July or such other date as may be deter-
mined by the Commission.
Final Date for Harvesting
19. For the purposes of this plan, the final date for harvesting in a
crop year is the 25th day of October. O. Reg. 287/85, Sched.;
O. Reg. 209/86, s. 1; O. Reg. 313/87, s. 1; O. Reg. 325/88, s. 1;
O. Reg. 312/89, s. 1; O. Reg. 338/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
ENDORSEMENT
Whereas the insured person has applied for crop insurance under
The Ontario Crop Insurance Plan for Pumpkins and Squash, herein-
after referred to as "the plan", and has paid the deposit premium
prescribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover pumpkins and squash.
Harvesting of Planted Acreage
1. All acreage planted to the crop in a crop year shall be harvested
unless the Commission, upon application therefor in writing, con-
sents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
122
Reg./Règl. 242
ASSURANCE-RECOLTE
Reg./Règl. 243
(b) the abandonment or destruction of the insured crop or any
part thereof.
Extent of Insurance
2.— (1) The insured person shall offer for insurance all acreage
planted to the crop in the crop year on the farm or farms operated by
the insured person in Ontario and, subject to subparagraph (2), this
contract applies to all such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes;
(b) that was planted after the final date prescribed for planting
in the plan; or
(c) that, in the opinion of the Commission, is not insurable.
Evaluation of Loss
3. For the purposes of determining the loss in production of the
crop in a crop year and the indemnity payable therefor, the value of
the crop shall progress through the stages prescribed in paragraphs 4
and 5.
Stage 1
4.— (1) Stage I comprises the period from the date on which the
planting of acreage to the crop is completed to and including the 1st
day of July in the crop year.
(2) Where loss or damage to three acres or more of the insured
crop occurs in Stage 1, the Commission, upon application therefor in
writing by the insured person, may consent in writing to,
(a) the replanting of the damaged acreage, provided that the
replanting is completed not later than the 1st day of July; or
(b) the use of the damaged acreage for any other purpose or to
the abandonment or destruction of the insured crop on such
damaged acreage.
(3) Where damaged acreage is replanted to the crop in accor-
dance with clause (2) (a), the Commission shall pay an indemnity
equal to the cost of materials used in replanting to a maximum of $35
for each acre replanted and the contract of insurance shall continue
to apply to such acreage.
(4) Where the damaged acreage is used for any other purpose or
the insured crop is abandoned or destroyed in accordance with clause
(2) (b), the Commission shall pay an indemnity of $35 per acre and
the contract of insurance shall terminate with respect to such acre-
age.
(5) Despite any application made in writing by the insured person
under this paragraph, the Commission may, where loss or damage
occurs in Stage 1, notify the insured person in writing that it intends
to terminate the insurance coverage on such damaged acreage and,
in such case, no further indemnity shall be payable in respect of the
damaged acreage.
Stage 2
5.— (1) Stage 2 commences on the 2nd day of July in the crop year
and, with respect to any part of the planted acreage, ends on comple-
tion of harvesting.
(2) Where loss or damage occurs in Stage 2, the Commission,
upon application therefor in writing by the insured person, may con-
sent in writing to the use of the damaged acreage for any other pur-
pose or to the abandonment or destruction of the insured crop on
such damaged acreage and, in such case, the Commission shall deter-
mine the number of damaged acres and the potential production
thereof, and the amount of loss that shall be taken into account in
the final adjustment of loss in respect of the total planted acreage
shall be calculated by multiplying the amount by which the guaran-
teed production of the damaged acreage exceeds the potential pro-
duction determined therefor by the established price per ton.
Notice of Loss or Damage
6. Where loss or damage to the insured crop occurs, the insured
person shall notify the Commission forthwith by telephone and shall
confirm in writing within twenty-four hours of such time.
Final Adjustment of Loss for Total Planted Acreage
7.— (1) The indemnity payable with respect to the total planted
acreage in the final adjustment of loss shall be the sum of all Stage 1
and Stage 2 loss calculations applicable to such acreage but, subject
to subparagraph (2), where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable shall be reduced by the amount obtained by multi-
plying such excess by the established price per ton.
(2) Despite subparagraph (1), no indemnities paid in Stage 1 shall
be subject to reduction under this paragraph.
(3) In no case shall indemnity be paid for acreage in excess of the
total insured acreage.
Incorrect Acreage in Final Acreage Report
8.— (1) Where the actual planted acreage of the crop in a crop year
is less than the planted acreage declared on the final acreage report,
the total guaranteed production and the amount of insurance shall be
reduced proportionately and there shall be no refund of premium.
(2) Where the actual planted acreage of the crop in a crop year
exceeds the planted acreage declared on the final acreage report,
production from the total planted acreage shall be counted and there
shall be no increase in the total guaranteed production or the maxi-
mum amount of indemnity payable.
In Wftness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at
this day of
.,19..
Duly Authorized
Representative
General Manager
O. Reg. 287/85, Form 1.
REGULATION 243
CROP INSURANCE PLAN FOR RED BEETS
1. The plan in the Schedule is established for the insurance within
Ontario of red beets. O. Reg. 434/88, s. 1.
123
Reg./Règl. 243
CROP INSURANCE
Reg./Règl. 243
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Red Beets".
2. The purpose of this plan is to provide for insurance against a
loss in the production of red beets resulting from one or more of the
perils designated in section 4.
Definitions
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"processor" means a person engaged in the business of processing
red beets;
"red beets" means red beets produced in Ontario for processing.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
... 9. Wildlife.
10. Wind.
Designation of Crop Year
5. The crop year for red beets is the period from the 1st day of
March in any year to the 15th day of October in the same year.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
red beets is comprised of,
(a) the contract of insurance in Form 1;
(b) the application for insurance; and
(c) the final acreage report for each crop year.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of $100; and
(c) be filed with the Commission not later than the date on
which planting commences or the 15th day of April in the
crop year in respect of which it is made, whichever is ear-
lier.
8. A contract of insurance is in force for the crop year in respect of
which it is made unless it is terminated in accordance with the regula-
tions.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual _ 2 rActual_ /Average . t \"|
Yield Yield 3 L Yield V Yield " /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual , 2r/Average
Yield Yield 3 L\ Yield
n i\- Actual "|
/ Yield J
10. The coverage provided under a contract of insurance in each
crop year is the lesser of,
(a) the level of coverage determined under section 10; or
(b) the contract tonnage set out in the agreement between the
processor and the grower of red beets.
11.— (1) The initial coverage provided under a contract of insur-
ance shall be 75 per cent of the average farm yield in tons of the total
acreage planted to red beets by the insured person.
(2) The coverage provided under a contract of insurance follow-
ing a year in which there was no claim shall be,
(a) if the previous year's coverage was 70 per cent, 73 per cent;
(b) if the previous year's coverage was 73 per cent, 75 per cent;
(c) if the previous year's coverage was 75 per cent, 78 per cent;
(d) if the previous year's coverage was 78 per cent, 80 per cent;
and
(e) if the previous year's coverage was 80 per cent, 80 per cent,
of the average farm yield in tons of the total acreage planted to red
beets by the insured person.
(3) The coverage provided under a contract of insurance follow-
ing a year in which there was a claim shall be,
(a) if the previous year's coverage was 80 per cent, 78 per cent;
(b) if the previous year's coverage was 78 per cent, 75 per cent;
(c) if the previous year's coverage was 75 per cent, 73 per cent;
124
Reg./Règl. 243
ASSURANCE-RECOLTE
Reg./Règl. 243
(d) if the previous year's coverage was 73 per cent, 70 per cent;
and
(e) if the previous year's coverage was 70 per cent, 70 per cent,
of the average farm yield in tons of the total acreage planted to red
beets by the insured person.
(4) Despite subsections (2) and (3), if in any year a claim is paid
in an amount that is less than one-half of the total premium for that
year, the coverage for the following year shall remain unchanged.
12. The Commission shall determine the established price for red
beets in each crop year on the basis of the price negotiated or arbi-
trated in the marketing agreement between the growers and proces-
sors in the same crop year.
13. For the purposes of sections 10 and 11, the maximum amount
for which the Commission is liable under a contract of insurance for a
loss in production is the amount obtained by multiplying the cover-
age determined under those sections by the established price per ton
determined under section 12.
Premiums
14.— (1) The total premium payable in respect of acreage planted
under contract to a processor is $20.40 per acre.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
IS. The insured person shall pay the premium, less the premium
deposit, if any, to the Commission,
(a) at the time the final acreage report is filed; or
(b) at the time set out in subsection 18 (3).
Final Acreage Report
16.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report setting out the total acreage
planted to red beets in a form provided by the Commission within
ten days of the completion of planting of acreage to red beets.
(2) A final acreage report filed with the Commission shall not be
amended without the written consent of the Commission.
17.— (1) When the final acreage report is inaccurate, the Commis-
sion may correct it and adjust the premium accordingly and shall
notify the insured person in writing forthwith of the correction and
the reason for it.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the Commission is notified in writing that the
insured person rejects the revision within ten days after the Commis-
sion notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Upon notice that a correction is not acceptable, the contract
of insurance ceases to apply for the crop year in respect of which the
final acreage report was filed and the Commission shall refund any
premium or premium deposit paid in respect of that crop year.
(5) If no notice is given under subsection (2), a final acreage
report corrected under this section constitutes the final acreage
report for the crop year.
18.— (1) If an insured person in any crop year fails to file a final
acreage report as required by this Regulation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) Where the Commission prepares a final acreage report under
subsection (1), the Commission shall serve a copy of the report on
the insured person either by personal delivery or by mailing it to the
insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed. O. Reg. 434/88, Sched.; O. Reg. 298/89,
s. 1;0. Reg. 470/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinafter
referred to as the "COMMISSION",
of the first part
— and-
of the of
in the County (or as the case may be) of
hereinafter referred to as the "INSURED PERSON",
of the second part
Whereas the insured person has applied for crop insurance on red
beets under the Ontario Crop Insurance Plan for Red Beets, herein-
after referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario),
and the regulations made thereunder, where in a crop year the
insured person suffers a loss in the production of red beets resulting
from one or more of the perils designated in the plan, the Commis-
sion, subject to the terms and conditions hereinafter set forth, agrees
to indemnify the insured person in respect of such loss.
TERMS AND CONDITIONS
Causes of Loss Not Insured Against
1. This contract does not apply to, and no indemnity shall be paid
in respect of, a loss in the production of the insured crop resulting
from,
(a) the negligence, misconduct or poor farming practices of the
insured person or of an agent or employee of the insured
person;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease unless recommended
spray programs were followed; or
125
Reg./Règl. 243
CROP INSURANCE
Reg./Règl. 243
(d) a peril other than the perils designated in the plan.
Extent of Insurance
2. The insured person shall offer for insurance all acreage planted
in the crop year to red beets on the farm or farms operated by the
insured person in Ontario, whether grown under contract with a pro-
cessor or not and this contract of insurance applies to all such acre-
age.
Incorrect Acreage in Final Acreage Report
3.— (1) If the actual planted acreage of red beets in a crop year is
less than the planted acreage declared in the final acreage report,
(a) the coverage shall be decreased proportionately in calculat-
ing whether there has been a loss; and
(b) the actual production shall be used in calculating the aver-
age farm yield in order to determine coverage for the fol-
lowing crop year.
(2) If the actual planted acreage of red beets in a crop year is less
than the planted acreage declared in the final acreage report, the
Commission shall not refund any part of the premium.
(3) If the actual planted acreage of red beets in a crop year
exceeds the planted acreage declared in the final acreage report, the
actual production shall be used in calculating whether there has been
a loss and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced in proportion to the acreage
declared in the final acreage report,
in calculating the average farm yield in order to determine coverage
for the following crop year.
Harvesting of Planted Acreage
4.— (1) All acreage planted to the insured crop in the crop year
shall be harvested as red beets for processing unless the Commission,
upon written application, consents in writing to,
(a) the use of the planted acreage or any part of it for another
purpose; or
(b) the abandonment or destruction of the insured crop or any
part of it.
(2) If the harvesting of any planted acreage is not completed and
the failure to harvest was not caused by a designated peril, the con-
tract of insurance ceases to apply to the unharvested acreage and no
indemnity shall be payable for it.
• Misrepresentation, Vioi.ation of Conditions or Fraud
5. A claim by the insured person under this contract is invalid and
the right of the insured person to recover indemnity is forfeited if
that person,
(a) in the application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated in the application;
(b) contravenes a term or condition of this contract;
(c) commits a fraud in respect of the insured crop; or
(d) knowingly makes a false statement in respect of a claim
under this contract.
Waiver or Alteration
6. No term or condition of this contract is deemed to be waived or
altered in whole or in part by the Commission unless the waiver or
alteration is clearly expressed in writing and signed by the Commis-
sion or a representative authorized for that purpose by the Commis-
sion.
Assignment of Right to Indemnity
7.— (1) The insured person may assign all or part of the right to
indemnity under this contract in respect of the insured crop.
(2) An assignment is not binding on the Commission and the
Commission shall not pay an indemnity to an assignee unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission gives written consent to the assignment.
Interest of Other Persons
8. Despite the interest of any person other than the insured in the
insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the coverage; and
(b) except as provided in paragraph 7, no indemnity shall be
paid to any person other than the insured person.
Evaluation of Loss
9.— (1) Where loss or damage to three acres or more of the insured
crop occurs at any time following the planting of the insured crop or
any part thereof, the Commission, upon written application by the
insured person, may consent in writing to,
(a) the replanting of the damaged acreage, provided that the
replanting is completed not later than the 1st day of July in
the same crop year;
(b) the use of the damaged acreage for an alternate crop; or
(c) the abandonment or destruction of the insured crop on such
damaged acreage.
(2) If the damaged acreage is replanted to red beets in accor-
dance with clause (1) (a), the Commission shall pay to the insured
person a supplementary benefit of $100 for each acre replanted and
the contract of insurance shall continue to apply to the replanted
acreage.
(3) If the damaged acreage is used for an alternate crop in accor-
dance with clause (1) (b),
(a) the Commission shall pay to the insured person a supple-
mentary benefit of $100 for each acre replanted;
(b) the replanted acreage shall be released from the contract of
insurance; and
(c) the coverage and indemnity payable shall be reduced
accordingly.
10.— (1) When harvesting has been completed, the amount of loss
that is taken into account in the final adjustment of loss in respect of
the total planted acreage shall be calculated by multiplying the estab-
lished price per ton by the difference between the coverage and the
actual production.
126
Reg./Règl. 243
ASSURANCE-RECOLTE
Reg./Règl. 243
(2) For the purpose of subparagraph (1), actual production
includes,
(a) production delivered to and accepted by a processor;
(b) production delivered to and rejected by a processor unless
the rejection resulted from a designated peril;
(c) production harvested but not delivered to a processor; and
(d) potential production of wholly or partially unharvested
acreage unless the failure to harvest resulted from a desig-
nated peril.
Notice of Loss or Damage
11.— (1) When loss or damage to the insured crop occurs and the
insured person intends to abandon or destroy the insured crop, or to
replant or use the planted acreage for another purpose, the insured
person shall notify the Commission in writing of the intention and
shall take no further action without the written consent of the Com-
mission.
(2) When loss or damage to the insured crop occurs and the dam-
age was occasioned at a readily ascertainable time, the insured per-
son shall notify the Commission in writing within twenty-four hours
of that time.
(3) When loss or damage to the insured crop occurs and it
appears, or ought reasonably to appear, to the insured person at any
time after planting and before the completion of harvesting of the
insured crop that the production of the insured crop may be reduced
by the loss or damage, the insured person shall notify the Commis-
sion in writing as soon as the loss or damage is apparent.
(4) Despite any notice given by the insured person under this
paragraph, when, on completion of harvesting of the insured crop,
the actual production is less than the coverage, the insured person
shall notify the Commission in writing forthwith.
Abandonment, Destruction or Alternate Use
12.— (1) Acreage planted to the insured crop shall not be put to
another use and the insured crop shall not be abandoned or
destroyed until the Commission has appraised the potential produc-
tion of the acreage using an appraisal method that is reasonable in
the circumstances.
(2) An appraisal made under subparagraph (1) shall not be taken
into account in the fmal adjustment of loss where the insured person
harvests the appraised acreage.
Adjustment of Loss
13.— (1) When the insured person experiences a loss or damage to
the insured crop, the Commission may cause the production of the
insured crop to be appraised by any method that is reasonable in the
circumstances.
(2) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) what actual production was obtained from the insured crop
for the crop year; and
(b) that the loss in production or part thereof resulted directly
from one or more of the designated perils.
(3) Where a loss in production resulted partly from a designated
peril and partly from a cause of loss not insured against, the Commis-
sion shall determine the amount of the loss that resulted from the
cause of loss not insured against and shall reduce the indemnity pay-
able under this contract accordingly.
(4) Subject to subparagraph (S), the indemnity payable with
respect to the total planted acreage in the final adjustment of loss
shall be the sum of all loss calculations applicable to such acreage.
(5) When the actual production of any harvested acreage exceeds
the coverage applicable to that acreage, the indemnity otherwise
payable for a loss in production shall be reduced by the amount
obtained by multiplying the excess by the established price per ton.
Proof of Loss
14.— (1) An insured person, except as set out in subparagraph (2),
shall claim an indemnity in respect of the insured crop on a Proof of
Loss Form provided by the Commission and shall file the form with
the Commission not later than sixty days after the earlier of,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year.
(2) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by an authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made under paragraph 7.
(3) When it is reasonable in the circumstances, the information
given in a proof of loss form shall be verified by statutory declara-
tion.
Arbitration
15. When the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with
Regulation 215 of Revised Regulations of Ontario, 1990.
16.-
until.
Time for Payment of Indemnity
(1) No indemnity under this contract is due and payable
(a) the end of the crop year; and
(b) the payment in full of the premium.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a Proof of Loss Form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the Proof of Loss
Form or award, as the case may be.
Subrogation
17. When the Commission has paid a claim for indemnity under
this contract, the Commission is subrogated to the extent of the pay-
ment to all rights of recovery of the insured person against any per-
son and may bring action in the name of the insured person to
enforce those rights.
Right of Entry
18. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time for any purpose related to the contract of insur-
ance.
Notice
19.— (1) Any written notice to the Commission shall be given by
delivering it or mailing it to the Commission.
(2) Written notice to the insured person shall be given by deliver-
127
Reg./Règl. 243
CROP INSURANCE
Reg./Règl. 244
ing it or mailing it to the insured person at the insured person's last
post office address on file with the Commission.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at
this day of
.,19...
Duly Authorized
Representative
General Manager
O. Reg. 434/88, Form 1.
REGULATION 244
CROP INSURANCE PLAN FOR
RED SPRING WHEAT
1. The plan in the Schedule is established for the insurance within
Ontario of red spring wheat. O. Reg. 607/88, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Red Spring Wheat".
2. The purpose of this plan is to provide for insurance against a
loss in the production of red spring wheat resulting from one or more
of the perils designated in section 4.
Definitions
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"red spring wheat" means Canada Eastern red spring wheat pro-
duced in Ontario for milling and eligible for a grade under the
Canada Grains Act (Canada).
Designation of Perils
4. The following are designated as perils for the purposes of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
Designation of Crop Year
5. The crop year for red spring wheat is the period from the 1st day
of March in any year to the last day of February of the next year.
Contract of Insurance
6.— (1) For the purposes of this plan, the entire contract of insur-
ance for red spring wheat is comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) the application for insurance;
(c) the endorsement for red spring wheat in Form 1; and
(d) the final acreage report for each crop year.
(2) In the event of a conflict between the document referred to in
clause (I) (a) and the document referred to in clause (1) (c), the doc-
ument referred to in clause (1) (c) prevails.
7.— (1) An application for insurance or for renewal of insurance
shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a minimum premium deposit of $1 per
acre; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which it is made.
(2) Premium deposits prescribed by clause (1) (b) are not refund-
able unless no acreage is planted to red spring wheat.
Duration of Contract
8.— (1) A contract of insurance is in force for the crop year in
respect of which it is made and continues in force for each crop year
thereafter until cancelled by the insured person or the Commission in
the manner set out in subsection (2) or otherwise terminated in
accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by written notice to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to take effect.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula,
Adjusted_Actual_2rActual_ /Average , t \"|
Yield Yield 3 L Yield \ Yield ' /J
(b) if the actual yield in a year falls short of the insured person's
128
Reg./Règl. 244
ASSURANCE-RECOLTE
Reg./Règl. 244
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual , 2
Yield Yield 3
r/ Average ^ q .^X Actual "I
LV Yield ■ / Yield J
10. For the purpose of calculating coverage under section 11, the
number of pounds determined as the average farm yield shall be con-
verted to bushels on the basis that a bushel of red spring wheat
weighs 60 pounds.
11.— (1) The initial coverage provided under a contract of insur-
ance shall be 75 per cent of the average farm yield in bushels of the
total acreage planted to red spring wheat by the insured person.
(2) The coverage provided under a contract of insurance follow-
ing a year in which there was no claim shall be,
(a) if the previous year's coverage was 70 per cent, 73 per cent;
(b) if the previous year's coverage was 73 per cent, 75 per cent;
(c) if the previous year's coverage was 75 per cent, 78 per cent;
(d) if the previous year's coverage was 78 per cent, 80 per cent;
and
(e) if the previous year's coverage was 80 per cent, 80 per cent,
of the average farm yield in bushels of the total acreage planted to
red spring wheat by the insured person.
(3) The coverage provided under a contract of insurance follow-
ing a year in which there was a claim shall be,
(a) if the previous year's coverage was 80 per cent, 78 per cent;
(b) if the previous year's coverage was 78 per cent, 75 per cent;
(c) if the previous year's coverage was 75 per cent, 73 per cent;
(d) if the previous year's coverage was 73 per cent, 70 per cent;
and
(e) if the previous year's coverage was 70 per cent, 70 per cent,
of the average farm yield in bushels of the total acreage planted to
red spring wheat by the insured person.
(4) Despite subsections (2) and (3), if in any year a claim is paid
in an amount that is less than one-half of the total premium for that
year, the coverage for the following year shall remain unchanged.
(5) Despite clause (3) (a), the coverage provided under a con-
tract of insurance following a year in which there was a claim shall be
80 per cent where,
(a) the insured person has had coverage and an actual farm
yield for at least five years; and
(b) the previous year's coverage was 80 per cent.
12.— (1) For the purposes of this plan, the established price for red
spring wheat is,
(a) $2.80 per bushel; or
(b) $4.20 per bushel.
(2) If the insured person fails to select an established price when
the person is renewing the contract of insurance, the Commission
may select one of the prices set out in subsection (1) as the estab-
lished price applicable to the contract in that crop year.
13. For the purposes of section 11, the maximum amount for which
the Commission is liable under a contract of insurance for a loss in
production is the amount obtained by multiplying the coverage
determined under that section by the established price per bushel
selected under section 12.
Premiums
14.— (1) The total premium for red spring wheat is,
(a) $9.60 per acre where the established price is $2.80 per
bushel; or
(b) $14.20 per acre where the established price is $4.20 per
bushel.
(2) The total premium for red spring wheat is 80 per cent of the
total premium prescribed in subsection (1) where,
(a) the coverage is 80 per cent and the insured person has had
coverage and an actual farm yield for at least five years; and
(b) based on Commission records, total premiums paid by the
insured person for red spring wheat exceed the indemnity
paid.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
15. Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, to
the Commission,
(a) at the time the final acreage report is filed; or
(b) at the time set out in subsection 18 (3).
Final Acreage Report
16.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report setting out the total acreage
planted to red spring wheat in a form provided by the Commission
within ten days of the completion of planting of acreage to red spring
wheat.
(2) A final acreage report filed with the Commission shall not be
amended without the written consent of the Commission.
17.— (1) When the final acreage report is inaccurate, the Commis-
sion may correct it and adjust the premium accordingly and shall
notify the insured person in writing forthwith of the correction and
the reason for it.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the Commission is notified in writing that the
insured person rejects the revision within ten days after the Commis-
sion notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Upon notice that a correction is not acceptable, the contract
of insurance ceases to apply for the crop year in respect of which the
final acreage report was filed and the Commission shall refund any
premium or premium deposit paid in respect of that crop year.
(5) If no notice is given under subsection (2), a final acreage
report corrected under this section constitutes the final acreage
report for the crop year.
18.— (1) If an insured person in any crop year fails to file a final
acreage report as required by this Regulation, the Commission may.
129
Reg./Règl. 244
CROP INSURANCE
Reg./Règl. 244
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) Where the Commission prepares a final acreage report under
subsection (1), the Commission shall serve a copy of the report on
the insured person either by personal delivery or by mailing it to the
insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Final Date for Planting
19. For the purposes of this plan, the final date for planting red
spring wheat in a crop year is the 1st day of July or such other date as
is reasonably warranted in the circumstances.
20. All acreage planted to red spring wheat in which the insured
person has a substantial interest shall be insured under one contract.
O. Reg. 607/88, Sched.; O. Reg. 308/89, s. 1; O. Reg. 467/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
RED SPRING WHEAT ENDORSEMENT
Whereas the insured person has applied for crop insurance under
the Ontario Crop Insurance Plan for Red Spring Wheat, hereinafter
referred to as "the plan", and has paid the premium deposit pre-
scribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover red spring wheat.
Harvesting of Pij\nted Acreage
1.— (1) All acreage planted to red spring wheat in a crop year shall
be harvested unless the Commission, upon written application, con-
sents in writing to,
(a) the use of the planted acreage or any part of it for another
purpose; or
(b) the abandonment or destruction of the insured crop or any
part of it.
(2) If the harvesting of any planted acreage is not completed and
the failure to harvest was not caused by a designated peril, the con-
tract of insurance ceases to apply to the unharvested acreage and no
indemnity shall be payable for it.
Evaluation of Loss
2.— (1) An indemnity shall be paid for the acreage set out in sub-
paragraph (2) in the amount set out in subparagraph (3), where,
(a) all of the acres planted to the crops listed in the Table to
this regulation are offered for insurance;
(b) the insured person elects the indemnity on the application
for insurance;
(c) the insured person pays a premium deposit of $1 for each
acre intended to be planted to the crops listed in the Table;
(d) one or more of the designated perils prevents the planting,
(i) of three acres or more, in the case of systematically
tile drained land, or
(ii) of six acres or more, in the case of land that is not
systematically tile drained; and
(e) the insured person notifies the Commission of an inability
to plant the acres to the crops listed in the Table by the 15th
day of June in the crop year.
(2) The indemnity shall be paid,
(a) for each unplanted acre in the case of systematically tile
drained land; or
(b) for each unplanted acre in excess of three unplanted acres,
in the case of land that is not systematically tile drained.
(3) The amount of the indemnity shall be one-third of the guaran-
teed production per acre of the crop having the highest priority
according to the Table of the crops intended to be planted and
insured by the insured person multiplied by the established price for
that crop.
(4) No indemnity shall be payable under this paragraph for land
for which the same indemnity was paid by the Commission in the
immediately preceding year.
(5) When the insured person plants a crop in respect of which
crop production insurance was applied for, the premium deposit pay-
able under sub-subparagraph (1) (c) for the acreage so planted shall
be applied against the regular premium.
(6) When the insured person plants a crop which is not listed in
the Table, the premium deposit in respect of that acreage shall be
refunded.
(7) If the insured person is unable to plant acreage designated on
the application as intended to be planted to a crop listed in the
Table, the premium deposit in respect of that acreage shall be
retained by the Commission as payment for the coverage provided.
(8) This paragraph does not apply to and no indemnity is payable
in respect of land,
(a) that is orchard land, pasture, woodland, planted to a peren-
nial crop, fall sown or intended for summer fallow;
(b) that is unfilled and was not cropped in the previous year; or
(c) that, in the opinion of the Commission, is not insurable.
(9) If the planting is prevented by excessive rainfall, no indemnity
is payable unless the insured person establishes that, during the
planting season in the area where the insured acreage is situated,
(a) an abnormal amount of rain occurred;
(b) the rainfall resulted in a reduced number of work days; and
(c) a significant number of other insured persons were similarly
affected.
3.— (1) Where loss or damage to three acres or more of the insured
crop resulting from a designated peril occurs before the 1st day of
July in the crop year, the Commission, upon written application by
the insured person, may consent in writing to the replanting of the
damaged acreage.
(2) Where the damaged acreage is replanted to the insured crop,
the Commission shall pay an indemnity of $30 for each acre
replanted and the contract of insurance continues to apply to such
acreage.
(3) The total number of acres in respect of which a replanting
130
Reg./Règl. 244
ASSURANCE-RECOLTE
Reg./Règl. 245
benefit is paid in a crop year shall not in any case exceed the total
number of insured acres.
4.— (1) If loss or damage occurs prior to harvest, the Commission,
upon written application by the insured person, may consent in writ-
ing to the use of the damaged acreage for any other purpose or to the
abandonment or destruction of the insured crop on such damaged
acreage and in such case shall determine the number of damaged
acres and the potential production of those acres.
(2) If damaged acreage is used for any other purpose or the
insured crop on it is abandoned or destroyed in accordance with sub-
paragraph (1), the amount of loss that is taken into account in the
final adjustment of loss in respect of the total planted acreage shall
be calculated by multiplying the established price per bushel by the
difference between the coverage for the damaged acreage and the
potential production for the damaged acreage determined under sub-
paragraph (1).
(3) If damaged acreage is not used for any other purpose or the
crop thereon is not abandoned or destroyed after the Commission
has consented thereto, the amount of loss calculated under subpara-
graph (2) shall not be taken into account in the final adjustment of
loss.
(4) If the actual production of the harvested acreage is less than
the coverage for that acreage, the amount of loss that shall be taken
into account in the fmal adjustment of loss in respect of the total
planted acreage shall be calculated by multiplying the established
price per bushel by the difference between the coverage and the
actual production.
(5) Where the crop contains damaged or foreign material, the
actual production thereof shall be reduced by an amount reasonable
in the circumstances.
5. Where the insured crop is reduced below Grade 2 due to an
insured peril, the actual production is deemed to be,
(a) for Grade 3, 95 per cent of the yield harvested; and
(b) for Feed, 90 per cent of the yield harvested.
Final Adjustment of Loss for Total Planted Acreage
6.— (1) The indemnity payable with respect to the total planted
acreage in the fmal adjustment of loss is that payable under para-
graphs 2, 3 and 4.
(2) The indemnity payable under paragraph 4 shall be reduced by
the result obtained by multiplying the established price per bushel by
the amount by which,
(a) the actual production of any harvested acreage exceeds the
coverage of that acreage; or
(b) the potential production of any unharvested acreage
exceeds the coverage of that acreage.
Incorrect Acreage in Final Acreage Report
7.— (1) If the actual planted acreage of red spring wheat in a crop
year is less than the planted acreage declared on the final acreage
report,
(a) the coverage shall be decreased proportionately in calculat-
ing whether there has been a loss; and
(b) the actual production shall be used in calculating the aver-
age farm yield in order to determine coverage for the fol-
lowing crop year.
(2) If the actual planted acreage of red spring wheat in a crop
year is less than the planted acreage declared in the final acreage
report, the Commission shall not refund any part of the premium.
(3) If the actual planted acreage of red spring wheat in a crop
year exceeds the planted acreage declared on the final acreage
report, the actual production shall be used in calculating whether
there has been a loss and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced in proportion to the acreage
declared in the final acreage report,
in calculating the average farm yield in order to determine coverage
for the following crop year.
In Witness Whereof, The Crop Insurance Commission of
Ontario has caused this endorsement to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at , this .
day of ,19...
I
Duly Authorized
Representative
General Manager
O. Reg. 607/88, Form 1; O. Reg. 308/89, s. 2.
TABLE
Crop in Order of Priority
1.
Com.
2.
Soybeans.
3.
White beans.
4.
Coloured beans.
5.
Spring grain.
6.
Canola.
7.
Sunflowers.
8.
Red spring wheat.
O. Reg. 607/88, Table.
REGULATION 245
CROP INSURANCE PLAN FOR RUTABAGAS
1. The plan in the Schedule is established for the insurance within
Ontario of rutabagas. O. Reg. 315/81, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Rutabagas".
2. The purpose of this plan is to provide for insurance against a
loss in production of rutabagas resulting from one or more of the per-
ils designated in section 4.
Definitions
3. In this plan.
131
Reg./Règl. 245
CROP INSURANCE
Reg./Règl. 245
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"rutabagas" means field run rutabagas produced in Ontario;
"ton" means 2000 pounds.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
Crop Year
5. The crop year for rutabagas is the period from the 1st day of
March in any year to the 15th day of November next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for rutabagas shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) the application for insurance;
(c) an endorsement for rutabagas in Form 1 ;
(d) the final acreage report for each crop year; and
(e) any amendment to a document referred to in clause (a),
(b), (c) or (d) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of at least $100; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which it is made.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party made
not later than the 1st day of May in the crop year during which the
cancellation is to be effective.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual _ 2 I
[Actual _ /Average >< l 3 \n
Yield \ Yield ' /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual , 2r/Average ^ q ;y\_ Actual "I
Yield Yield 3 LV Yield ' / Yield J
10.— (1) Subject to subsection (4), the initial coverage provided
under a contract of insurance shall be 70 per cent of the average farm
yield in tons of the total acreage seeded to rutabagas by the insured
person.
(2) Subject to subsection (4), the coverage provided under a con-
tract of insurance following a year in which there was no claim shall
be,
(a) where the previous year's coverage was 70 per cent, 73 per
cent;
(b) where the previous year's coverage was 73 per cent, 76 per
cent;
(c) where the previous year's coverage was 76 per cent, 78 per
cent;
(d) where the previous year's coverage was 78 per cent, 80 per
cent; and
(e) where the previous year's coverage was 80 per cent, 80 per
cent,
of the average farm yield in tons of the total acreage seeded to ruta-
bagas by the insured person.
(3) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was a
claim shall be,
(a) where the previous year's coverage was 80 per cent, 78 per
cent;
(b) where the previous year's coverage was 78 per cent, 76 per
cent;
(c) where the previous year's coverage was 76 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent; and
132
Reg./Règl. 245
ASSURANCE-RECOLTE
Reg./Règl. 245
(e) where the previous year's coverage was 70 per cent, 70 per
cent,
of the average farm yield in tons of the total acreage seeded to ruta-
bagas by the insured person.
(4) Where, in any year, a claim is paid in an amount less than
one-half the total premium for that year, the coverage for the follow-
ing year shall remain unchanged.
(5) The number of tons determined under subsections (1), (2)
and (3) constitutes the total guaranteed production under a contract
of insurance.
11. The established price for rutabagas is,
(a) $40 per ton where the premium paid is $80 per acre; or
(b) $55 per ton where the premium paid is $1 10 per acre.
12. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance shall be the amount
obtained by multiplying the total guaranteed production determined
under section 10 by the established price per ton prescribed in sec-
tion 11.
Premiums
13.— (1) The total premium is,
(a) $80 per acre; or
(b) $110 per acre.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
14. — (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
plants acreage to rutabagas.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, if
any, to the Commission at the time the final acreage report pre-
scribed by section 15 is filed.
Final Acreage Report
15.— (1) Eveiy insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the planting of acreage to rutabagas is
completed.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
16.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and, in such
case, shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the Commission is notified in writing that the
insured person rejects the revision within ten days after the Commis-
sion notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed and shall refund
any premium or premium deposit paid in respect of that crop year.
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
17.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) The Commission shall serve a copy of the final acreage
report, if there is one, on the insured person either by personal deliv-
ery or by mailing it to the insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Final Seeding Date
18. For the purposes of this plan, the final date for seeding rutaba-
gas in a crop year is the 1st day of July or such other date as may be
determined from time to time by the Commission.
Minimum Acreage
19. For the purposes of this plan, the minimum insurable acreage
is three acres. O. Reg. 315/81, Sched.; O. Reg. 98/82, ss. 1, 2;
O. Reg. 223/82, s. 1; O. Reg. 268/83, ss. 1-3; O. Reg. 510/84,
ss. 1-3; O. Reg. 296/85, ss. 1-5; O. Reg. 327/87, ss. 1-3; O. Reg.
305/89, s. 1; O. Reg. 452/90, s. 1.
Forml
Crop Insurance Act (Ontario)
RUTABAGA ENDORSEMENT
Whereas the insured person has applied for crop insurance for
rutabagas under The Ontario Crop Insurance Plan for Rutabagas,
hereinafter referred to as "the plan", and has paid the deposit pre-
mium prescribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover rutabagas.
Harvesting of Planted Acreage
1. All acreage planted to rutabagas in a crop year shall be har-
vested unless the Commission, upon application therefor in writing,
consents in writing to,
(a) the use of the planted acreage or any part thereof for
another pur[)ose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
Evaluation of Loss
2.— (1) Where loss or damage to three acres or more of the insured
133
Reg./Règl. 245
CROP INSURANCE
Reg./Règl. 246
crop occurs before the Isl day of July in a crop year, the Commis-
sion, upon application therefor in writing by the insured person, may
consent in writing to,
(a) replanting of the damaged acreage; or
(b) the use of the damaged acreage for any other purpose or to
the abandonment or destruction of the insured crop on such
damaged acreage and, in such case, the Commission shall
determine the number of damaged acres and the potential
production thereof.
(2) Where the damaged acreage is replanted to the insured crop
in accordance with clause (1) (a), a benefit of $50 for each acre so
replanted shall be paid and the contract of insurance shall continue
to apply to such replanted acreage.
(3) Where the damaged acreage is used for any other purpose or
the insured crop is abandoned or destroyed in accordance with clause
(1) (b), a benefit of $50 for each acre so abandoned or destroyed
shall be paid and the contract of insurance shall cease to apply to
such acreage.
(4) Where the damaged acreage is not used for any other purpose
or the crop is not abandoned or destroyed after the Commission has
consented thereto, the amount of loss calculated under subparagraph
(3) shall not be taken into account in the final adjustment of loss.
(5) Where harvesting has been completed, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per ton.
Final Adjustment of Loss for Total Planted Acreage
3.— (1) The indemnity payable with respect to the total planted
acreage in the final adjustment of loss shall be the sum of all loss cal-
culations applicable to such acreage, but where the actual production
of any harvested acreage or the potential production of any unhar-
vested acreage exceeds the guaranteed production of such acreage,
the indemnity otherwise payable shall be reduced by the amount
obtained by multiplying such excess by the established price per ton.
(2) Where a loss resulted partly from a peril insured against and
partly from a cause of loss not insured against, the Commission shall
determine the amount of the loss not insured against, and the indem-
nity payable by the Commission under the contract shall be reduced
accordingly.
Damage After Harvest
4.— (1) No indemnity shall be paid in respect of any loss or damage
suffered by the insured crop after harvest and, subject to subpara-
graph (2), no indemnity shall be paid with respect to rutabagas in
storage.
(2) Where, as a result of damage from an insured peril prior to
harvest, the insured crop or any part thereof breaks down in storage,
the Commission shall pay an indemnity thereof provided,
(a) notice of damage was received and inspection was made by
the Commission prior to harvest; and
(b) the damaged rutabagas are clearly identified in storage to
the satisfaction of the Commission.
Incorrect Acreage in Final Acreage Report
5.— (1) Where the actual seeded acreage of rutabagas in a crop
year is less than the seeded acreage declared on the final acreage
report, the guaranteed production shall be decreased proportion-
ately in calculating whether there has been a loss and the actual pro-
duction shall be used in calculating the average production for pur-
poses of determining coverage for the following crop year, and there
shall be no refund of premium.
(2) Where the actual seeded acreage of rutabagas in a crop year
exceeds the seeded acreage declared on the final acreage report, the
actual production shall be used in calculating whether there has been
a loss and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced proportionately,
in calculating the average production for purposes of determining
coverage for the following crop year.
In WrrNESS Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at
this day of .
.,19.,
Duly Authorized
Representative
General Manager
O. Reg. 315/81, Form 2; O. Reg. 98/82, s. 3; O. Reg. 268/83, s. 4;
O. Reg. 296/85, s. 7; O. Reg. 327/87, s. 4; O. Reg. 323/88, s. 1.
REGULATION 246
CROP INSURANCE PLAN FOR SEED CORN
1. The plan in the Schedule is established for the insurance within
Ontario of seed corn. R.R.O. 1980, Reg. 220, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Seed Com".
2. The purpose of this plan is to provide for insurance against a
loss in the production of seed corn resulting from one or more of the
perils designated in section 4.
Definitions
3. In this plan.
"bushel" means 56 pounds of shelled seed com, the kernel moisture
content of which does not exceed 15.5 per cent;
"seed corn" means corn grown under contract with a dealer which is
intended for sale on a commercial basis for seed purposes;
"variety average yield" means the average of previous yields of the
variety grown on the basis of production records or on such other
basis as the Commission approves.
Designation of Perils
4. The following are designated as perils for the purposes of this
plan:
1. Drought.
134
Reg./Règl. 246
ASSURANCE-RECOLTE
Reg./Règl. 246
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
Designation of Crop Year
5. The crop year for seed com is the period from the 1st day of
March in any year to the 1st day of December next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for seed com shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) an endorsement for seed com in Form 1;
(c) the application for insurance; and
(d) an amendment to any document referred to in clause (a),
(b) or (c) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission; and
(b) be filed with the Commission not later than the 1st day of
May in the crop year or not later than such other date as
may be determined from time to time by the Commission.
Duration of Contract
8. A contract of insurance shall be in force for the crop year in
respect of which it is made.
Coverage
9. The coverage per acre provided in the crop year under a con-
tract of insurance shall be 80 per cent of the variety average yield in
bushels.
LlABlLrrv
10. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance shall be the amount
obtained by multiplying the guaranteed production per acre deter-
mined under section 9 by the number of acres planted to the female
com plant by the established price per bushel determined by the
Conmiission for the variety grown.
Premiums
11.— (1) The premium payable in respect of each acre under con-
tract to a dealer shall be determined by the Commission for each
crop year on the basis of,
(a) the variety of seed com grown ;
(b) the cumulative loss ratio of the dealer with whom the
insured crop is grown under contract as set out in the Table;
and
(c) a basic premium of $13.40 per acre.
(2) The premium prescribed by subsection (I) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
(3) Despite any direction by an insured person in the application
for insurance, the payment of the premium due in respect of the con-
tract of insurance remains the liability of the insured person and the
premium shall be paid in any event not later than ten days after writ-
ten demand for payment thereof by the Commission.
ESTABUSHED PRICE
12. The established price for each variety of seed corn grown by
the insured person shall be determined from time to time by the
Commission. R.R.O. 1980, Reg. 220, Sched.; O. Reg. 509/86, s. 1;
O. Reg. 316/87, s. 1; O. Reg. 321/88, s. 1; O. Reg. 473/89, s. 1;
O. Reg. 455/90, s. 1.
TABLE
Cumulative Loss
Ratio of Dealer
Premium
Discount
Premium
Surcharge
35 per cent or less
20 per cent
35.1 -50 per cent
15 per cent
50.1 -65 per cent
10 per cent
65.1 -80 per cent
5 per cent
80.1 -124.9 per cent
nil
nil
125 - 134.9 per cent
5 per cent
135 - 144.9 per cent
10 per cent
145 - 154.9 per cent
15 per cent
155 per cent or more
20 per cent
R.R.O. 1980, Reg. 220, Table.
Fonn 1
Crop Insurance Act (Ontario)
SEED CORN ENDORSEMENT
Whereas the insured person has applied for crop insurance for
seed corn under The Ontario Crop Insurance Plan for Seed Corn,
hereinafter referred to as "the plan", and has paid the premium pre-
scribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover seed corn.
Harvesting of Seeded Acreage
1.— (1) All acreage seeded to seed com shall be harvested as seed
com unless the Commission, upon application therefor in writing,
consents in writing to,
(a) the use of the seeded acreage or any part thereof for
another purpose; or
(b) the abandonment or destmction of the insured crop or any
part thereof.
(2) Where,
135
Reg./Règl. 246
CROP INSURANCE
Reg./Règl. 247
(a) under subparagraph (1), any seeded acreage is used for a
purpose other than harvesting as seed corn; or
(b) the harvesting of any seeded acreage was prevented by rea-
son of a cause of loss not insured against,
the Commission shall determine the potential production and such
potential production shall be taken into account in the final adjust-
ment of loss.
Evaluation of Loss
(d) the amount by which the guaranteed production exceeds
the potential production for the damaged or unharvested
acreage,
whichever is the lesser, by the established price.
(3) Where damaged acreage is not used for any other purpose or
the crop thereon is not abandoned or destroyed after the Commis-
sion has consented thereto, the amount of loss calculated under sub-
paragraph (2) shall not be taken into account in the final adjustment
of loss.
2.— (1) Where loss or damage occurs on or before the 15th day of
June in the crop year, the Commission, upon written application
therefor by the insured person, may consent in writing to,
(a) the reseeding of the damaged acreage; or
(b) the use of the damaged acreage for any other purpose or to
the abandonment or destruction of the insured crop on the
damaged acreage and, in such case, the Commission shall
determine the number of damaged acres and the potential
production thereof.
(2) Where the damaged female acreage is replanted to seed corn
in accordance with clause (1) (a), the Commission shall pay to the
insured person a supplementary benefit of $75 for each acre
replanted and the contract of insurance shall continue to apply to the
replanted acreage.
(3) Where the damaged female acreage is used for an alternative
crop, the Commission shall pay to the insured person a supplemen-
tary benefit of $75 for each acre replanted, the replanted acreage
shall be released from the contract of insurance and the guaranteed
production and indemnity payable shall be reduced accordingly.
(4) Where the damaged female acreage is abandoned or
destroyed in accordance with clause (1) (b), the amount of loss that
shall be taken into account in the final adjustment of loss in respect
of the total seeded acreage shall be calculated by multiplying the dif-
ference between the guaranteed production and the potential pro-
duction determined under clause (1) (b) for the damaged acreage by
the established price.
(5) Where the damaged female acreage is not used for any other
purpose or the crop thereon is not abandoned or destroyed after the
Commission has consented thereto, the amount of loss calculated
under subparagraph (4) shall not be taken into account in the final
adjustment of loss.
3.— (1) Where loss or damage occurs after the 15th day of June in
the crop year, the Commission, upon written application therefor by
the insured person, may consent in writing to the use of the damaged
acreage for any°bther purpose or to the abandonment or destruction
of the insured crop on such damaged acreage and, in such case, the
Commission shall determine the number of damaged acres and the
potential production thereof.
(2) Where,
(a) damaged acreage is used for any other purpose or the
insured crop thereon is abandoned or destroyed in accor-
dance with subparagraph (1); or
(b) the harvesting of any seeded acreage is not completed and
the harvesting was prevented by reason of a cause of loss
not insured against,
il
the amount of loss that shall be taken into account in the final adjust-
ment of loss in respect of the total seeded acreage shall be calculated
by multiplying,
(c) the guaranteed production for the damaged or unharvested
acreage, as the case may be; or
(4) Where the actual production of the acreage harvested is less
than the guaranteed production for the acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the seeded acreage shall be calculated by multiplying the
difference between the guaranteed production and the actual pro-
duction by the established price.
(5) For the purposes of this plan, the final date for planting or
replanting seed corn in a crop year is the 15th day of June or such
other date as may be determined from time to time by the Commis-
sion.
Salvage
4. Where, as the result of an insured peril, the insured crop or any
part thereof is suitable only for feed, the amount of loss that shall be
taken into account in the final adjustment of loss shall be the amount
by which the liability under this plan for the damaged acreage
exceeds the actual production for the damaged acreage multiplied by
the highest established price for grain com under The Ontario Crop
Insurance Plan for Corn.
Final Adjustment of Loss for Total Seeded Acreage
5. The indemnity payable with respect to the total seeded acreage
in the final adjustment of loss shall be the sum of all loss calculations
applicable to such acreage, but where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable in respect of any loss calculations shall be reduced
by the amount obtained by multiplying such excess by the established
price per bushel.
In Wftness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at .
this day of ,
.,19..
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 220, Form 2; O. Reg. 509/86, s. 4; O. Reg.
316/87, ss. 2, 3.
REGULATION 247
CROP INSURANCE PLAN FOR SOUR CHERRIES
1. The plan in the Schedule is established for the insurance within
Ontario of sour cherries. R.R.O. 1980, Reg. 221, s. 1
136
Reg./Règl. 247
ASSURANCE-RÉCOLTE
Reg./Règl. 247
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Sour Cherries".
2. The purpose of this plan is to provide for insurance against a
loss in the production of sour cherries resulting from one or more of
the perils designated in section 4.
DEFINmONS
3. In this plan.
"average yield" means the average total orchard production of the
insured person over the preceding six years allowing for,
(a) age of trees,
(b) tree removal, and
(c) change in acreage;
"sour cherries" means all varieties of sour cherries produced in
Ontario.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
3. Freeze injury.
4. Frost.
5. Hail.
6. Rain split.
7. Unavoidable pollination failure.
8. Wildlife.
9. Wind damage.
Designation of Crop Year
5. The crop year for sour cherries is the period from the 1st day of
December in any year to the 30th day of November next following.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
sour cherries shall be deemed to be comprised of,
(a) the contract of insurance in Form 1;
(b) the application for insurance;
(c) the production guarantee report, and
(d) an amendment to any document referred to in clause (a),
(b) or (c) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of,
(i) $100, or
(ii) one-quarter of the premium payment made by the
insured person for the previous crop year,
whichever is the greater, or
(iii) an amount to be determined by the Commission;
and
(c) be filed with the Commission not later than the 1st day of
December in the crop year in respect of which it is made.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of December in the crop year during which the
cancellation is to be effective or on or before such other date as may
be determined from time to time by the Commission.
Coverage
9.— (1) The initial coverage provided under a contract of insurance
shall be 66 per cent of the average yield in pounds as determined by
the Commission multiplied by the established price.
(2) If there is no claim in a year, the coverage provided under a
contract of insurance for the next following year shall be as follows:
(a) where the coverage for the year in which there was no claim
was 63 per cent, 66 per cent of the average yield in pounds
as determined by the Commission multiplied by the estab-
lished price;
(b) where the coverage for the year in which there was no claim
was 66 per cent, 68 per cent of the average yield in pounds
as determined by the Commission multiplied by the estab-
lished price;
(c) where the coverage for the year in which there was no claim
was 68 per cent, 70 per cent of the average yield in pounds
as determined by the Commission multiplied by the estab-
lished price;
(d) where the coverage for the year in which there was no claim
was 70 per cent, 73 per cent of the average yield in pounds
as determined by the Commission multiplied by the estab-
lished price; and
(e) where the coverage for the year in which there was no claim
was 73 per cent, 73 per cent of the average yield in pounds
as determined by the Commission multiplied by the estab-
lished price.
(3) If there is a claim in a year, the coverage provided under a
contract of insurance for the next following year shall be as follows:
(a) where the coverage for the year in which there was a claim
was 73 per cent, 70 per cent of the average yield in pounds
as determined by the Commission multiplied by the estab-
lished price;
(b) where the coverage for the year in which there was a claim
was 70 per cent, 68 per cent of the average yield in pounds
as determined by the Commission multiplied by the estab-
lished price;
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CROP INSURANCE
Reg./Règl. 247
(c) where the coverage for the year in which there was a claim
was 68 per cent, 66 per cent of the average yield in pounds
as determined by the Commission multiplied by the estab-
lished price;
(d) where the coverage for the year in which there was a claim
was 66 per cent, 63 per cent of the average yield in pounds
as determined by the Commission multiplied by the estab-
lished price; and
(e) where the coverage for the year in which there was a claim
was 63 per cent, 63 per cent of the average yield in pounds
as determined by the Commission multiplied by the estab-
lished price.
(4) The number of pounds calculated for the purposes of subsec-
tions (1), (2) and (3) constitutes the total guaranteed production
under a contract of insurance.
10.— (1) The established price per pound for sour cherries is,
(a) 16 cents;
(b) 20 cents; or
(c) 22 cents.
(2) Subject to subsection (3), the established price per pound
selected by an applicant at the time a contract of insurance is made
applied in each succeeding crop year during which the contract is in
force.
(3) Where,
(a) the insured person applies therefor in writing prior to the
1st day of December in the crop year; and
(b) the Commission consents in writing,
any established price designated in subsection (1) may be substituted
for the established price selected by the insured person at the time a
contract of insurance is made or for any established price substituted
in lieu thereof under this subsection.
11. The maximum indemnity for which the Commission is liable
under a contract of insurance shall he the amount obtained by multi-
plying the total guaranteed production determined under section 9
by the established price per pound determined under section 10.
Premiums
12.— (1) The total premium payable in the crop year is,
(a) where the level of coverage is 73 per cent, 20 per cent of the
guaranteed production in pounds multiplied by the estab-
lished price;
(b) where the level of coverage is 70 per cent, 21 per cent of the
guaranteed production in pounds multiplied by the estab-
lished price;
(c) where the level of coverage is 68 per cent, 22 per cent of the
guaranteed production in pounds multiplied by the estab-
lished price;
(d) where the level of coverage is 66 per cent, 23 per cent of the
guaranteed production in pounds multiplied by the estab-
lished price; and
(e) where the level of coverage is 63 per cent, 24 per cent of the
guaranteed production in pounds multiplied by the estab-
lished price.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Government of Canada under
the Crop Insurance Act (Canada).
13. — (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, to
the Commission at the time the production guarantee report pre-
scribed by section 14 is returned to the Commission.
(3) Where a renewal premium is payable in respect of a crop
year, the insured person shall, not later than the 1st day of December
in the crop year, pay the premium deposit as set out in clause 7 (b).
Production Guarantee Report
14. The Commission shall prepare and deliver a production guar-
antee report in the form prescribed by the Commission to each
insured person in each crop year and the insured person shall sign a
copy thereof and return it to the Commission. R.R.O. 1980, Reg.
221, Sched.; O. Reg. 773/81, ss. 1-3; O. Reg. 755/82, s. 1; O. Reg.
42/83, s. 1; O. Reg. 798/83, ss. 1, 2; O. Reg. 646/85, ss. 1-4; O. Reg.
31/88, s. 1; O. Reg. 118/89, s. 1; O. Reg. 463/90, s. 1.
Forml
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinafter
referred to as "THE COMMISSION",
of the hrst part
— and—
of the of
in the County (or as the case maybe) of
, hereinafter referred to as
"THE INSURED PERSON"
OF the second part
Whereas the insured person has applied for crop insurance on
sour cherries under The Ontario Crop Insurance Plan for Sour Cher-
ries, hereinafter referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario),
and the regulations made thereunder, where, in a crop year the
insured person suffers a loss in the production of sour cherries result-
ing from one or more of the perils designated in the plan, the Com-
mission, subject to the terms and conditions hereinafter set forth,
agrees to indemnify the insured person in respect of such loss.
TERMS AND CONDITIONS
Insured Crop
1. In this contract, "insured crop" means all varieties of sour cher-
ries produced in Ontario.
Causes of Loss Not Insured Against
2. This contract does not insure against and no indemnity shall be
paid in respect of a loss resulting from.
138
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ASSURANCE-RECOLTE
Reg./Règl. 247
(a) the negligence, misconduct or poor farming practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
3.— (1) The Insured person shall offer for insurance all acreage
planted to the insured crop on the farm or farms operated in
Ontario, and, subject to subparagraph (2), this contract applies to all
such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes; or
(b) that, in the opinion of the Commission, is not insurable.
4.— (1) All insured acreage shall be harvested unless the Commis-
sion, upon application therefor in writing, consents in writing to the
abandonment or destruction of the insured crop or any part thereof
and, in such case, the Commission shall determine,
(a) the potential production of the unharvested acreage; and
(b) whether the harvesting was prevented by one or more of
the perils insured against.
(2) Where an insured person fails to obtain the consent of the
Commission in accordance with subparagraph (1), no indemnity shall
be paid in respect of the unharvested acreage.
Evaluation of Loss
5.— (1) Subject to subparagraphs (3) and (4), the amount of loss
that shall be taken into account in the fmal adjustment of loss in
respect of the total insured acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per pound.
(2) For the purpose of subparagraph (1), actual production shall
include,
(a) the total orchard run of all insured acreage; and
(b) the potential production of wholly or partially unharvested
acreage where the failure to harvest resulted from a cause
of loss not insured against.
(3) Where the insured crop or any part thereof has suffered dam-
age from an insured peril to such an extent that it is unsuitable for
sale, it shall not be counted as production.
(4) Despite subparagraph (3), where damaged sour cherries are
sold to a winery at less than the prevailing price for unblemished
fruit, the actual production shall be deemed to be reduced in the
ratio that the salvage value received for the crop bears to the market
price for processing sour cherries as set by The Ontario Tender Fruit
Producers' Marketing Board.
Notice of Loss or Damage
6. -(1) Where,
(a) loss of the insured crop occurs; or
(b) the insured crop or any part thereof is or is intended to be
sold on a pick-your-own basis,
the insured person shall notify the Commission in writing as soon as
the damage occurs in order that a pre-harvest inspection may be
made.
(2) Where the insured person fails to notify the Commission pur-
suant to subparagraph (1), a claim by the insured person is invalid
and the insured person's right to indemnify is forfeited.
Misrepresentation, Viouvtion of Conditions or Fraud
7. Where the insured person,
(a) in the application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the insured person's right
to recover indemnify is forfeited.
Waiver or Alteration
8. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
9. Although that a person other than the insured person holds an
interest of any kind in the insured crop, for the purposes of this con-
tract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the crop; and
(b) except as provided in paragraph 10, no indemnify shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
10. The insured person may assign all or part of the right to indem-
nify under this contract in respect of the insured crop but an assign-
ment is not binding on the Commission and no payment of indemnify
shall be made to an assignee unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Adjustment of Loss
11.— (1) The indemnify payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it deems proper.
(3) No indemnify shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) the actual production obtained from the insured crop for
the crop year; and
139
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CROP INSURANCE
Reg./Règl. 248
(b) that the loss in production or part thereof resulted directly
from one or more of the perils insured against.
(4) Where a loss in production resulted partly from a peril
insured against and partly from a cause of loss not insured against,
the Commission shall determine the amount of the loss that resulted
from the cause of loss not insured against, and the contract shall be
reduced accordingly.
Proof of Loss
12.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after the
earlier of,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 10.
(4) Where required by the Commission, the information given in
a proof of loss form shall be verified by statutory declaration.
Arbitration
13. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
14.— (1) No indemnity under this contract becomes due and pay-
able until,
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
15. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
16. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Notice
17.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be served by per-
sonal delivery or by mailing it to the insured person's last known
address on file with the Commission.
(3) A written notice that is mailed shall be deemed to be served
three days after it is mailed.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at ,
this day of ,
19..
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 221, Form 1; O. Reg. 42/83, s. 2; O. Reg.
646/85, s. 5; O. Reg. 118/89, s. 2; O. Reg. 463/90, s. 2.
REGULATION 248
CROP INSURANCE PLAN FOR SPECIALTY CROPS
1. The plan In the Schedule Is established for the insurance within
Ontario of specialty crops. O. Reg. 465/84, s. 2.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Specialty Crops".
2. The purpose of this plan is to provide for insurance against a
loss resulting from one or more of the perils designated in section 4.
Interpretation
3. In this plan, "specialty crops" means,
(a) sweet corn and tomatoes produced in Ontario and grown
for the fresh market; and
(b) broccoli, cabbage, cauliflower, celery, lettuce, parsnips,
and strawberries produced in Ontario,
(i) for processing under a contract between a grower
and a processor, and on acreage or for tonnage spec-
ified in such contract, or
(ii) for sale on the fresh market.
Designation of Perils
4.— (1) The following are designated as perils for the purposes of
this plan:
1. Drought.
2. Excessive heat.
3. Excessive rainfall.
4. Flood.
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ASSURANCE-RÉCOLTE
Reg./Règl. 248
5. Freeze.
6. Frost.
7. Hail.
8. Insect infestation.
9. Plant disease.
10. Wildlife.
11. Wind.
(2) Despite subsection (1), broccoli, cauliflower and strawberries
are not insured against any loss resulting from drought and lettuce
and sweet com are not insured against any loss resulting from exces-
sive heat.
Crop Year
5. The crop year for specialty crops is the period from the 1st day
of March in any year to the 1st day of November next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for specialty crops shall be deemed to be comprised of,
(a) the contract of insurance in Form 1;
(b) the application for insurance;
(c) the final acreage report for each crop year; and
(d) an amendment to any document referred to in clause (a),
(b) or (c) agreed upon in writing.
7.— (1) An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be filed with the Commission,
(i) for strawberries, not later than the ISth day of April
in the crop year,
(ii) for all other crops, not later than the 1st day of May
in the crop year, or
(iii) such other date as may be determined by the Com-
mission,
(c) be accompanied by a premium deposit of $100 for each crop
applied for;
(d) include all acreage intended to be planted to the crops
applied for; and
(e) include the insurance value selected by the insured person
for each crop.
(2) Where, for any reason, the applicant fails to enter into a con-
tract of insurance with the Commission, the Commission may retain
the premium deposit paid.
Duration of Contract
8. A contract of insurance shall be in force for the crop year in
respect of which it is made unless it is terminated in whole or in part
in accordance with regulations.
Coverage
9.— (1) Subject to subsections (2) and (3), the total coverage pro-
vided under a contract of insurance is 70 per cent of the insurance
value selected by the insured person for each of the insured crops
multiplied by the number of acres grown.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1 . Following the first no claim year to 75 per cent.
2. Following the second no claim year to 80 per cent.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years in steps of 5 per cent from the insured level
in reverse progression to that prescribed by subsection (2) to a mini-
mum of 65 per cent.
(4) Where, in any year, a claim is paid in an amount less than
one-half of the total premium for that year, the coverage for the fol-
lowing year shall remain unchanged.
10.— (1) The maximum insurable value that may be selected by the
insured person for each acre of the insured crop is as follows:
1. Broccoli
$1,100.
2.
Cabbage
- $1,000.
3.
Cauliflower
- $1,600.
4.
Celery
- $2,400.
5.
Lettuce
- $1,200.
6.
Parsnips
- $1,200.
7.
Strawberries
- $3,000.
8.
Sweet Com
- $ 650.
9.
Tomatoes
- $2,500.
(2) The minimum insurable value that may be selected by the
insured person for each acre of the insured crop shall be an amount
equal to one-half of the maximum insurable value that may be
selected for the crop as provided by subsection (1).
PREMIUMS
11.— (1) Where the level of coverage in a crop year is 70 per cent,
the total premium payable in respect of the insured crop shall be
determined according to the following formula:
Total coverage in dollars
prescribed by section 9
Factor listed opposite
insured crop in the Table
100
(2) The total premium payable as determined in accordance with
subsection (1) may be increased following each consecutive claim
year in steps of 2 per cent to a maximum of 4 per cent.
(3) The total premium payable as determined in accordance with
subsection (1) may be decreased following each consecutive no claim
year in steps of 2 per cent to a maximum of 4 per cent.
(4) Despite subsections (1), (2) and (3), the minimum premium
payable by an insured person in each crop year is $100 for each crop
insured.
(5) The premiums prescribed by this section include payments in
respect of premiums made by the Government of Canada under the
Crop Insurance Act (Canada).
TABLE
Crop
Factor
1 . Broccoli
26
2. Cabbage
10
3. Cauliflower
26
4. Celery
16
5. Lettuce
20
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CROP INSURANCE
Reg./Règl. 248
Crop
Factor
6. Parsnips
7. Strawberries
8. Sweet Corn
9. Tomatoes
24
22
18
20
12.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
plants acreage to an insured crop.
(2) Where a premium is payable by an insured person in respect
of a crop year, the insured person shall pay the premium, less the
premium deposit, if any, to the Commission at the time the final
acreage report prescribed by section 13 is filed.
Final Acreage Reports
13.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the planting of acreage is completed.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
14.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and in such
case, shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report and adjustment of premium made
by the Commission under subsection (1) unless, within ten days from
the mailing or delivery of the notification by the Commission, the
insured person notifies the Commission in writing the revision and
adjustment are not acceptable.
(3) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed and shall refund
any premium or premium deposit paid in respect of that crop year.
(4) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
15.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) Where the Commission prepares a final acreage report under
subsection (1), the Commission shall mail or deliver a copy of the
report to the insured person.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days from the mailing or delivery to the insured per-
son of a copy of the report.
Final Date For Seeding
16.— (1) For the purposes of this plan, in a crop year, the final date
for seeding or planting of specialty crops in rows and at regular inter-
vals is,
(a) the 1st day of August for broccoli and lettuce;
(b) the 15th day of July for cauliflower;
(c) the 15th day of June for tomatoes; or
(d) the 1st day of July for all other specialty crops.
(2) Where it is reasonable in the circumstances, the final dates set
out in subsection (1) may be changed for any specialty crop.
O. Reg. 313/81, Sched.; O. Reg. 219/82, ss. 1-4; O. Reg. 266/83,
ss. 1-5; O. Reg. 465/84, ss. 3-10; O. Reg. 286/85, ss. 1-7; O. Reg.
204/86, ss. 1, 2; O. Reg. 329/87, ss. 1, 2; O. Reg. 278/88, s. 1;
O. Reg. 294/89, s. 1, revised.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinafter
referred to as "THE COMMISSION",
of the First Part
— and-
of the of
in the County (or as the case may be) of
referred to as "THE INSURED PERSON",
, hereinafter
OF THE Second Part
Whereas the insured person has applied for crop insurance on
one or more crops under The Crop Insurance Plan for Specialty
Crops, hereinafter referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, where in a crop year the insured
person suffers a loss resulting from one or more of the perils desig-
nated in the plan, the Commission, subject to the terms and condi-
tions hereinafter set forth, agrees to indemnify the insured person in
respect of such loss.
Causes of Loss Not Insured Against
I. This contract does not insure against and no indemnity shall be
paid in respect of a loss resulting from,
(a) the negligence, misconduct or poor farming practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery;
(c) plant disease and insect infestation unless recommended
spray programs and cultural practices were followed; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
2.— (1) The insured person shall offer for insurance all acreage
planted in the crop year to the insured crop or crops on the farm or
farms operated by the insured person in Ontario, and, subject to sub-
paragraph (2), this contract applies to all such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to an insured crop,
(a) that was not adequately prepared for cropping purposes;
(b) that, in the opinion of the Commission, is not insurable; or
(c) on which the insured crop is a volunteer crop.
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ASSURANCE-RECOLTE
Reg./Règl. 248
3.— (1) Where the acreage planted by the insured person in the
crop year is not the same as that stated in the application for insur-
ance, the insured person shall, not later than the 15th day of July,
notify the Commission in writing of the actual acreage planted.
(2) Where the actual planted acreage of an insured crop is less
than that stated in the Tmal acreage report, the maximum amount of
indemnity shall be reduced proportionately and there shall be no
refund of premium in respect thereof.
(3) Where the actual planted acreage of an insured crop is more
than that stated in the final acreage report, the maximum amount of
indemnity and the premium payable shall not be increased but the
potential of the total planted acreage shall be included in the calcula-
tion of a loss.
Harvesting of Planted Acreage
4. All acreage planted to an insured crop in the crop year shall be
harvested unless the Commission, upon application therefor in writ-
ing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
5.— (1) If before harvest any part of the insured crop is lost or
damaged, the Commission, upon application therefor in writing by
the insured person, may consent in writing to,
(a) the replanting of the damaged acreage to the insured crop
and, in such case, the replanting shall be completed in
accordance with and not later than the dates prescribed by
section 16 of the Schedule;
(b) the use of the damaged acreage for any other purpose or to
the abandonment or destruction of the Insured crop on such
damaged acreage and, in such case, the Commission shall
determine the number of damaged acres and the potential
thereof.
(2) Where the damaged acreage is replanted to the insured crop
in accordance with clause (1) (a), the contract of Insurance continues
to apply to such replanted acreage and,
(a) a benefit for each acre of celery, lettuce, parsnips, strawber-
ries and sweet corn shall be paid in accordance with the
benefit per acre set out in the Table; and
(b) a benefit for broccoli, cabbage, cauliflower and tomatoes
shall be paid equal to the actual cost of the plants or seeds
that are used in the replanting but not exceeding the
amount noted in the Table.
(3) Where the damaged acreage is used for any other purpose or
the insured crop is abandoned or destroyed in accordance with clause
(1) (b), the contract of insurance ceases to apply to the acreage and,
(a) a benefit for each acre of celery, lettuce, parsnips, strawber-
ries and sweet corn abandoned or destroyed shall be paid in
accordance with the Table; and
(b) a benefit for broccoli, cabbage, cauliflower and tomatoes
shall be paid in an amount equal to the actual cost of the
plants or seeds used in the original planting but not exceed-
ing the amount noted in the Table.
(4) If the damaged acreage is not used for any other purpose or
the crop is not abandoned or destroyed after the Commission has
consented thereto, the amount of loss calculated under subparagraph
(3) shall not be taken into account in the final adjustment of loss.
(5) Acreage planted to an insured crop shall not be put to
another use and the insured crop shall not be abandoned or
destroyed until the Commission has appraised the potential of the
acreage.
Evaluation of Loss
6.— (1) The amount of loss that shall be taken into account in the
final adjustment of loss in respect of any damage to a crop caused by
an insured peril shall be the amount by which the percentage cover-
age for that crop exceeds the potential as determined by the Com-
mission for that crop multiplied by the insurance value selected by
the insured person for the damaged acreage.
(2) The loss calculated under subparagraph (1) shall be reduced
by the amount of any loss that, in the opinion of the Commission,
was sustained by reason of a peril other than the perils designated in
the plan.
Misrepresentation, Violation of Conditions or Fraud
7. A claim by the insured person is invalid and the insured person's
right to recover indemnity is forfeited where the insured person,
(a) in the application for insurance,
(i) gives false particulars of an insured crop to the Com-
mission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of an insured crop; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance.
Waiver or Alteration
8. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
9. Although that a person other than the insured person holds an
interest of any kind in the insured crop, for the purposes of this con-
tract,
(a) the interest of the insured person in an insured crop is
deemed to be the full value of the crop; and
(b) except as provided in paragraph 10, no indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
10. The insured person may assign all or part of the right to indem-
nity under this contract in respect of an insured crop but an assign-
ment is not binding on the Commission and no payment of indemnity
shall be made to an assignee unless,
(a) the assignment is made on a form approved by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Notice of Loss
11.— (1) Where loss or damage to an insured crop occurs, the
insured person shall notify the Commission forthwith by telephone
and shall confirm in writing within three days of such time in order
143
Reg./Règl. 248
CROP INSURANCE
Reg./Règl. 249
that a full inspection can be carried out prior to harvest of the
affected acreage.
(2) Where the insured person fails to notify the Commission pur-
suant to subparagraph (1), a claim by the insured person is invalid as
the insured person's right to recover indemnity is forfeited.
Adjustment of Loss
12.— (1) The indemnify payable for loss or damage to an insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the potential of an insured crop
to be appraised by any method that it deems proper.
(3) No indemnify shall be paid for a loss in respect of an insured
crop unless the insured person establishes that the loss or part
thereof resulted directly from one or more of the perils insured
against.
(4) Where a loss resulted partly from a peril insured against and
partly from a cause of loss not insured against, the Commission shall
determine the amount of the loss that resulted from the cause of loss
not insured against, and the indemnify payable by the Commission
under this contract shall be reduced accordingly.
Proof of Loss
13.— (1) A claim for indemnify in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixfy days after the
earlier of,
(a) the completion of harvesting of the last of the insured
crops; or
(b) the end of the crop year.
(2) Subject to subparagraph (3), a claim for indemnify shall be
made by the insured person.
(3) A claim for indemnify may be made,
(a) in the case of the absence or inabilify of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inabilify of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 10.
(4) Where required by the Commission, the information given in
a proof of loss shall be verified by statutory declaration.
Arbitration
14. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time For Payment of Indemnity
15.— (1) No indemnify under this contract becomes due and pay-
able until,
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnify payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixfy days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnify under this contract at an earlier date.
Subrogation
16. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
17. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
18.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be given by delivery
thereof or by sending it by mail addressed to the insured person's last
post office address on file with the Commission.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at .
this day of ,
.,19..
Duly Authorized
Representative
General Manager
TABLE
Crop
Number of PLants
Benefits
per acre
per acre
Broccoli
10,000 or less
$150
10,001 to 14,000 incl.
$300
14,001 or more
$400
Cabbage
10,000 or less
$250
10,001 to 14,000 incl.
$400
14,001 or more
$500
Cauliflower
10,000 or less
$150
10,001 to 14,000 incl.
$300
14,001 or more
$400
Celery
$110
Lettuce
Nil
Parsnips
$35
Strawberries
NU
Sweet Corn
$45
Tomatoes
6,500 or less
$750
6,501 to 7,500 incl.
$800
7,501 or more
$850
O. Reg. 313/81, Form 1; O. Reg. 219/82, s. 5; O. Reg. 266/83, s. 6;
O. Reg. 465/84, s. 11; O. Reg. 286/85, s. 8; O. Reg. 204/86, s. 3;
O. Reg. 329/87, ss. 3, 4; O. Reg. 278/88, s. 2; O. Reg. 294/89, s. 2.
REGULATION 249
CROP INSURANCE PLAN FOR SPRING GRAIN
1. The plan in the Schedule is established for the insurance within
Ontario of spring grain. R.R.O. 1980, Reg. 223, s. 1.
144
Reg./Règl. 249
ASSURANCE-RECOLTE
Reg./Règl. 249
Schedule
Crop Insurance Act (Ontario)
PLAN
L This plan may be cited as "The Ontario Crop Insurance Plan for
Spring Grain".
2. The purpose of this plan is to provide for insurance against a
loss in the production of spring grain resulting from one or more of
the perils designated in section 4.
DEHNmONS
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"mixed grain" means any seed mixture that includes both oats and
barley, the combined weight of which equals at least 75 per cent of
the total, but the individual weights of either of which do not
exceed 75 per cent of the total;
"spring grain" means,
(a) oats,
(b) barley, including winter barley,
(c) spring wheat, and
(d) mixed grain,
the moisture content of which is not greater than 14 per cent.
Designation of Perii.s
4. The following are designated as perils for the purposes of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind
11. Winterkill.
Designation of Crop Year
5.— (1) Subject to subsection (2), the crop year for spring grain is
the period from the 1st day of March in any year to the last day of
February next following.
(2) The crop year for winter barley is the period from the 1st day
of September in any year to the 31st day of August next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for spring grain shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) an endorsement for spring grain in Form 2;
(c) the application for insurance;
(d) the final acreage report for each crop year; and
(e) an amendment to any document referred to in clause (a),
(b), (c) or (d) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of $1 per acre; and
(c) be filed with the Commission not later than,
(i) the 1st day of May, or
(ii) the 31st day of October in the case of winter bariey,
in the crop year in respect of which it is made.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the final date for application in the crop year during which the
cancellation is to be effective.
Coverage
9. For the purpose of calculating the average farm yield for spring
grain, the Commission shall, on an annual basis, compare the actual
yield in each year of the ten-year period used to calculate the average
farm yield with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual
Yield Yield
2 r Actual _ /Average v i 3 \n
3 L Yield V Yield " /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted _ Actual 2 F/ Average q ^\_ Actual "I
Yield Yield 3L\ Yield ' / Yield J
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Reg./Règl. 249
CROP INSURANCE
Reg./Règl. 249
10.— (1) For the purpose of computing total guaranteed produc-
tion, the number of bushels determined as the average farm yield
shall be converted to pounds.
(2) The conversion into pounds mentioned in subsection (1) shall
be made on the basis that,
(a) a bushel of oats weighs 34 pounds;
(b) a bushel of barley weighs 48 pounds;
(c) a bushel of spring wheat weighs 60 pounds; and
(d) a bushel of mixed grain weighs 40 pounds.
11.— (1) Subject to subsections (4) and (5), the initial coverage
provided under a contract of insurance shall be 75 per cent of the
average farm yield in pounds of the total acreage planted to spring
grain by the insured person.
(2) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was no
claim shall be,
(a) where the previous year's coverage was 70 per cent, 73 per
cent;
(b) where the previous year's coverage was 73 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 78 per
cent;
(d) where the previous year's coverage was 78 per cent, 80 per
cent; and
(e) where the previous year's coverage was 80 per cent, 80 per
cent,
of the average farm yield in pounds of the total acreage planted to
spring grain by the insured person.
(3) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was a
claim shall be,
(a) where the previous year's coverage was 80 per cent, 78 per
cent;
(b) where the previous year's coverage was 78 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent; and
(e) where the previous year's coverage was 70 per cent, 70 per
cent,
of the average farm yield in pounds of the total acreage planted to
spring grain by the insured person.
(4) Where, in any year, a claim is paid in an amount that is less
than one-half of the total premium for that year, the coverage for the
following year shall remain unchanged.
(5) Despite clause (3) (a), the coverage provided under a con-
tract of insurance following a year in which there was a claim shall be
80 per cent where,
(a) the insured person has had coverage and an actual farm
yield for at least five years; and
(b) the previous year's coverage was 80 per cent.
12. The maximum indemnity payable for a loss in production of
spring grain in a crop year is the amount obtained by multiplying the
total guaranteed production determined under section 11 by the
established price per pound determined under section 13.
13.— (1) For the purposes of this plan, the established price for
spring grain is,
(a) $0.02 per pound;
(b) $0.045 per pound; or
(c) the greater of $0.033 per pound and the floating price per
pound for spring grain, as determined under subsection (2).
(2) To obtain the floating price per pound for spring grain, the
Commission shall,
(a) calculate the floating price of barley, oats and mixed grain
by averaging the daily prices of barley, oats and mixed grain
at the Ontario locations of Hensall/Mitchell, Peterborough/
Trenton and Embrun/St. Isidore as set out in the Farm
Market News, during the period of August 10th to August
31st in each crop year; and
(b) reduce the amount calculated under clause (a) by trucking
costs in the amount of $0.002 per pound of spring grain.
(3) Any established price designated herein may be substituted
for the established price selected by the insured person at the time a
contract of insurance is made, or any established price substituted in
lieu thereof under this section where,
(a) the insured person applies therefor in writing on or before
the 1st day of May in a crop year; and
(b) the Commission consents in writing.
(4) Where, upon any renewal, the insured person fails to select
an established price pursuant to subsection (3), the Commission may
designate the established price applicable to the contract for the crop
year.
(5) For the purposes of this plan, the established price and pre-
mium for winter barley will be equal to the highest price option for
spring grain for the crop year.
Premiums
14.— (1) The total premium is,
(a) $4.40 per acre where the established price is $0.02 per
pound;
(b) $9.60 per acre where the established price is $0.045 per
pound; or
(c) $11.40 per acre where the established price is the floating
price per pound.
(2) Despite subsection (1 ), the total premium is 80 per cent of the
total premium prescribed by subsection (1) if,
(a) the coverage is 80 per cent and the insured person has had
coverage and an actual farm yield for at least five years; and
(b) based on Commission records, total premiums paid by the
insured person for spring grain exceed any indemnity paid.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
146
Reg./Règl. 249
ASSURANCE-RECOLTE
Reg./Règl. 249
15. — (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
plants acreage to spring grain.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, if
any, to the Commission at the time the final acreage report pre-
scribed by section 16 is filed.
(3) Where application is made for insurance coverage on winter
barley, the insured person shall insure all spring sown acreage of
spring grain under the same contract of insurance and shall file a final
acreage report and pay the additional premium in respect thereof
within ten days after the planting is completed.
Final Acreage Reports
16.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the planting of acreage to spring grain is
completed.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
17.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and, in such
case, shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the insured person notifies the Commission in
writing that the revision is not acceptable within ten days after the
Commission notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed and shall refund
any premium or premium deposit paid in respect of that crop year.
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
18.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) The Commission shall serve a copy of a final acreage report
made under subsection (1) on the insured person either by personal
delivery or by mailing it to the insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Final Planting Date
19. For the purposes of this plan, the final date for planting in a
crop year is.
(a) for spring sown crops, the 1st day of July; and
(b) for winter barley, the 20th day of October,
or such other date as may be determined from time to time by the
Commission. R.R.O. 1980, Reg. 223, Sched.; O. Reg. 306/81,
ss. 1-3; O. Reg. 91/82, s. 1; O. Reg. 47/83, ss. 1, 2; O. Reg. 140/84,
ss. 1-3; O. Reg. 302/85, ss. 1-3; O. Reg. 325/87, ss. 1-5; O. Reg.
277/88, s. 1; O. Reg. 296/89, s. 1; O. Reg. 449/90, s. 1.
TABLE
Spring Sown Crops in Order of Priority
1.
Corn
2.
Soybeans
3.
White Beans
4.
Coloured Beans
5.
Spring Grain
6.
Canola
7.
Sunflowers
8.
Red Spring Wheat
O. Reg. 306/81, s. 4; O. Reg. 302/85, s. 4; O. Reg. 325/87, s. 6;
O. Reg. 296/89, s. 2.
Form 1
Crop Insurance Act (Ontario)
EXTENDED COVERAGE ENDORSEMENT
1.— (1) This endorsement is in force where the insured person
applies for it and pays the prescribed premium.
(2) The coverage in force and indemnity and premiums payable
under this endorsement are in addition to any prescribed by the plan.
(3) The conditions of the Schedule and Form 2 apply to this
endorsement unless they are inconsistent with it or are specifically
excluded under it.
2. An application for extended coverage shall be made by,
(a) the 1st day of May; or
(b) the 31st day of October in the case of winter barley,
in the crop year in respect of which it is made.
Coverage
3. The insured person may purchase an extra 3 per cent coverage
in addition to the coverage determined under section 11 of the
Schedule.
4. The maximum indemnity for which the Commission is liable
under a contract of insurance under the plan and insurance provided
by this endorsement is the amount obtained by adding an additional
3 per cent to the total guaranteed production determined under sec-
tion 11 of the Schedule and multiplying this sum by the established
price per pound determined under section 13 of the Schedule.
Premiums
5.— (1) The additional premium payable in the crop year for this
endorsement is,
(a) $0.60 per acre where the established price is $0.02 per
pound;
(b) $1.60 per acre where the established price is $0.045 per
pound; or
(c) $1.80 per acre where the established price is the floating
price per pound.
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CROP INSURANCE
Reg./Règl. 249
(2) The premiums prescribed by subsection (1) include payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
(3) Subsection 14 (2) of the Schedule does not apply to this
endorsement.
(4) An insured person shall pay a premium deposit of $1 per acre
at the time of application for extended coverage. O. Reg. 449/90,
s. 3, pari.
Form!
Crop Insurance Act (Ontario)
SPRING GRAIN ENDORSEMENT
Whereas the insured person has applied for crop insurance for
spring grain under The Ontario Crop Insurance Plan for Spring
Grain, hereinafter referred to as "the plan", and has paid the deposit
premium prescribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover spring grain.
Harvesting of Planted Acreage
1.— (1) All acreage planted to spring grain in a crop year shall be
harvested unless the Commission, upon application therefor in writ-
ing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) Where the harvesting of any planted acreage is not completed
and the failure to harvest was not caused by an insured peril, the con-
tract of insurance shall cease to apply to such unharvested acreage
and no indemnity shall be payable therefor.
Evaluation of Loss
2.— (I) For the purposes of determining the loss in production of
spring grain in a crop year and the indemnity payable therefor, the
actual production of all harvested acreage of oats, barley, spring
wheat and mixed grain shall be combined, and in no case shall the
production of oats, barley, spring wheat or mixed grain be taken into
account separately.
(2) For the purpose of calculating actual production, hulless oat
yields shall be multiplied by a factor of 1.28 per cent to convert the
yields to hulled oat yields, irrespective of whether loss occurs under
subparagraph (1).
3.— (1) An indemnity shall be paid for the acreage set out in sub-
paragraph (2) in the amount set out in subparagraph (3), if,
(a) all of the acres planted to the crops listed in the Table to
this Regulation are offered for insurance;
(b) the insured person elects the indemnity on the application;
(c) the insured person pays a premium deposit of $1 for each
acre intended to be planted to the crops listed in the Table;
(d) one or more of the designated perils prevents the planting,
(i) of three acres or more, in the case of systematically
tile drained land, or
(ii) of six acres or more, in the case of land that is not
systematically tile drained; and
(e) the insured person notifies the Commission of the inability
to plant the acres to the crops listed in the Table by the 15th
day of June in the crop year.
(2) The indemnity shall be paid,
(a) for each unplanted acre, in the case of systematically tile
drained land; or
(b) for each unplanted acre in excess of three unplanted acres,
in the case of land that is not systematically tile drained.
(3) The amount of the indemnity shall be one-third of the guaran-
teed production per acre of the crop with the highest priority in the
Table of the crops intended to be planted and insured by the insured
person multiplied by the established price for that crop.
(4) If the insured person has elected the floating price as the
established price, the established price prescribed by clause
13 (1) (b) of the Schedule shall be used in lieu of the floating price
for the purposes of the calculation in subparagraph (3).
(5) No indemnity shall be payable under this paragraph for land
for which the same indemnity was paid by the Commission in the
immediately preceding year.
(6) Where the insured person plants a crop in respect of which
crop production insurance was applied for, the premium deposit for
the acreage so planted shall be applied against the regular premium.
(7) Where the insured person plants a crop which is not listed in
the Table, the premium deposit in respect of such acreage shall be
refunded.
(8) Where the insured person is unable to plant acreage desig-
nated on the application as intended to be sown to a spring sown
crop, the premium deposit in respect of such acreage shall be
retained by the Commission as payment for the coverage provided.
(9) This paragraph does not apply to, and no indemnity is pay-
able in respect of land,
(a) that is orchard land, pasture, woodland, planted to a peren-
nial crop, fall sown or intended for summer fallow;
(b) that is untilled and was not cropped in the previous year; or
(c) that, in the opinion of the Commission, is not insurable.
(10) Where the planting is prevented by excessive rainfall, no
indemnity is payable unless the insured person establishes that,
(a) an abnormal amount of rain occurred;
(b) the rainfall resulted in a reduced number of work days; and
(c) a significant number of other insured persons were similarly
affected,
during the planting season in the area where the insured acreage is
situate.
4.— (1) Where loss or damage to three acres or more of the insured
crop resulting from an insured peril occurs in the crop year prior to
the 1st day of July, the Commission, upon application therefor in
writing by the insured person, may consent in writing to the replant-
ing of the damaged acreage.
(2) Where the damaged acreage is replanted in accordance with
subparagraph (1), the Commission shall pay a supplementary benefit
to the insured person calculated at the rate of $30 for each replanted
acre.
1
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ASSURANCE-RÉCOLTE
Reg./Règl. 249
(3) Where the damaged acreage is replanted to spring grain, the
contract of insurance shall continue to apply to such replanted acre-
age.
(4) The total number of acres in respect of which a replanting
benefit is paid in a crop year shall not in any case exceed the total
number of insured acres.
5.— (1) Where loss or damage occurs prior to harvest, the Com-
mission, upon application therefor in writing by the insured person,
may consent in writing to the use of the damaged acreage for any
other purpose or to the abandonment or destruction of the insured
crop on such damaged acreage and, in such case, the Commission
shall determine the number of damaged acres and the potential pro-
duction thereof.
(2) Where damaged acreage is used for any other purpose or the
insured crop thereon is abandoned or destroyed in accordance with
subparagraph (1), the amount of loss that shall be taken into account
in the final adjustment of loss in respect of the total planted acreage
shall be calculated by multiplying the difference between the guaran-
teed production for the damaged acreage and the potential produc-
tion for the damaged acreage determined under subparagraph (1) by
the established price per pound.
(3) Where damaged acreage is not used for any other purpose or
the crop thereon is not abandoned or destroyed after the Commis-
sion has consented thereto, the amount of loss calculated under sub-
paragraph (2) shall not be taken into account in the final adjustment
of loss.
(4) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per pound.
Final Adjustment of Loss for Total Insured Acreage
6. The indemnity payable with respect to the total insured acreage
in the final adjustment of loss shall be the sum of all loss calculations
made under paragraphs 3, 4 and 5 applicable to such acreage, but
where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable in respect of loss calculations made under para-
graph 5 shall be reduced by the amount obtained by multiplying such
excess by the established price per pound.
Incorrect Acreage in Final Acreage Report
7.— (1) Where the actual planted acreage of spring grain in a crop
year is less than the planted acreage declared on the final acreage
report, the guaranteed production shall be decreased proportion-
ately in calculating whether there has been a loss and the actual pro-
duction shall be used in calculating the average production for pur-
poses of determining coverage for the following crop year and there
shall be no refund of premium.
(2) Where the actual planted acreage of spring grain in a crop
year exceeds the planted acreage declared on the final acreage
report, the actual production shall be used in calculating whether
there has been a loss and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced proportionately.
in calculating the average production for purposes of determining
coverage for the following crop year.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at
this day of
., 19.,
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 223, Form 2; O. Reg. 306/81, s. 6; O. Reg.
91/82, s. 2; O. Reg. 47/83, s. 3; O. Reg. 302/85, s. 6; O. Reg.
325/87, ss. 7-9; O. Reg. 277/88, s. 2; O. Reg. 296/89, s. 3; O. Reg.
449/90, s. 2.
Form 3
Crop Insurance Act (Ontario)
EXTENDED COVERAGE ENDORSEMENT
1.— (1) This endorsement is in force where the insured person pur-
chases a contract of insurance for all perils for spring grain in the
Schedule, applies for this endorsement and pays the prescribed pre-
mium.
(2) The premiums payable under this endorsement are in addi-
tion to any prescribed by the plan.
(3) The conditions of the Schedule and Form 2 apply to this
endorsement unless they are inconsistent with it or are specifically
excluded under it.
2. In order to qualify for coverage under this endorsement, the
insured person shall offer for insurance all land planted to the
insured crop that is operated by that person in Ontario.
3.— (1) An insured person may apply under this endorsement for
insurance against a loss in production of spring grain resulting from
hail damage to a portion of the person's lands.
(2) For the purposes of this endorsement, an indemnity for hail
damage is payable only where the portion of land damaged by hail is
S acres or more in size.
Appucation
4. An insured person must make an application for extended cov-
erage by the 1st day of May during the crop year in respect of which
insurance under this endorsement is requested.
Coverage
5. The coverage provided under this endorsement shall be the
same as that set out in sections 11 and 12 of the Schedule and
includes any additional coverage purchased under the extended cov-
erage endorsement in Form 1.
6. For the purposes of this endorsement, an indemnity for hail
damage is payable only where 10 per cent or more hail damage has
occurred to the insured crop on the portion of land in question.
7. Coverage under this endorsement commences no later than,
(a) the 1st day of July in a crop year; or
(b) at a time, as determined by the Commission, when it is too
late to replant the insured crop in a crop year,
whichever is the earlier.
149
Reg./Règl. 249
CROP INSURANCE
Reg./Règl. 250
Premiums
8.— (1) The total premium payable for this endorsement is 9 per
cent of the total guaranteed production determined under section 1 1
of the Schedule multiplied by,
(a) where the insured person has chosen the floating price, the
established price in clause 13 (1) (b) of the Schedule; or
(b) in all other cases, the established price per bushel deter-
mined under section 13 of the Schedule.
(2) The premiums prescribed by subsection (1) include payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
9.— (1) An insured person shall pay a premium deposit of $1 per
acre by the 1st day of May during the crop year in respect of which
insurance under this endorsement is requested.
(2) This endorsement may be cancelled by the insured person by
notice in writing to the Commission on or before the final date for
application in the crop year during which the cancellation is to be
effective.
(3) Where the endorsement is cancelled by the insured person
after the 1st day of May in a crop year, the Commission shall cancel
the contract of insurance for all perils in the Schedule and the
extended coverage endorsement in Form 1 if applicable, and shall
not refund to the insured person any deposits paid pursuant to these
contracts.
(4) The insured person shall pay the premium, less the premium
deposit, to the Commission at the time the final acreage report pre-
scribed by section 16 of the Schedule is filed.
Evaluation of Loss
10. The amount of loss respecting the insured acreage for which a
claim is made under this endorsement shall be determined as follows:
1. The Commission shall determine the number of damaged
acres and their potential production.
2. The Commission shall determine the percentage of damage
to the damaged acres caused by the hail.
3. The Commission shall calculate the loss,
i. by multiplying the percentage of damage by the
lesser of,
A. the guaranteed production of the damaged
acreage, and
B. the potential production of the damaged acre-
age, and
ii. by multiplying the product obtained under subpara-
graph i by,
A. where the insured person has chosen the
floating price, the established price in clause
13 (1) (b) of the Schedule, or
B. in all other cases, the established price per
pound determined under section 13 of the
Schedule.
11. The Commission shall determine the amount of loss before the
harvesting of the damaged acreage.
12. The indemnity payable with respect to the total insured acre-
age in the final adjustment of loss under the contract of insurance for
all perils in the Schedule shall be determined by subtracting the
indemnity paid under this endorsement from the maximum indem-
nity payable for a loss in production determined under section 12 of
the Schedule.
13. If the Commission has substituted the established price in
clause 13 (1) (b) of the Schedule for the floating price under sections
8 and 10 of this endorsement and this substitution results in an over-
payment or an underpayment, the Commission may, in making the
final adjustment of loss under the contract of insurance for all perils
in the Schedule, readjust the indemnity payable with respect to the
total insured acreage.
Notice of Loss or Damage
14. The insured person shall notify the Commission in writing
within two days of an occurrence of loss or damage to the insured
crop and before the harvesting of the insured crop. O. Reg. 449/90,
s. 3, part.
REGULATION 250
CROP INSURANCE PLAN FOR SUNFLOWERS
1. The plan in the Schedule is established for the insurance within
Ontario of sunflowers. O. Reg. 478/87, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. The title of this plan is "The Ontario Crop Insurance Plan for
Sunflowers".
2. The purpose of this plan is to provide for insurance against a
loss in the production of sunflowers resulting from one or more of
the perils designated in section 4.
Definitions
3. In this plan,
"average farm yield" means the average of previous yields of the
planted acreage computed on the basis of acreage production
records of the insured person or on such other basis as is reason-
able in the circumstances;
"sunflowers" means sunflowers of the stripe or oilseed type.
Designation of Perils
4. The following are designated as perils for the purposes of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease, except Sclerotinia stem wilt.
150
Reg./Règl. 250
ASSURANCE-RECOLTE
Reg./Règl. 250
9. Wildlife.
10. Wind.
Designation of Crop Year
5. The crop year for sunflowers is the period from the 1st day of
March in any year to the last day of February next following.
Contract of Insurance
6.— (1) For the purposes of this plan, the entire contract of insur-
ance for sunflowers is comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) the application for insurance;
(c) an endorsement for sunflowers in Form 1;
(d) the final acreage report for each crop year; and
(e) any amendment to a document referred to in clause (b) or
(d) agreed Ufxin in writing.
(2) In the event of a conflict between clauses (1) (a) and (c),
clause (1) (c) prevails.
7.— (1) An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a minimum premium deposit of $1 per
acre; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year in respect of which it is made.
(2) Premium deposits prescribed by clause (1) (b) are not refund-
able unless no acreage is planted to the crop.
Duration of Contract
8.— (1) A contract of insurance is in force for the crop year in
respect of which it is made and continues in force for each crop year
thereafter until cancelled by the insured person or the Commission in
the manner prescribed by subsection (2) or terminated in accordance
with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to be effective.
Coverage
9.— (1) Subject to subsections (4) and (5), the initial coverage pro-
vided under a contract of insurance shall be 75 per cent of the aver-
age farm yield in pounds of the total acreage seeded to sunflowers by
the insured person.
(2) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was no
claim shall be,
(a) where the previous year's coverage was 70 per cent, 73 per
cent;
(b) where the previous year's coverage was 73 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 78 per
cent;
(d) where the previous year's coverage was 78 per cent, 80 per
cent; and
(e) where the previous year's coverage was 80 per cent, 80 per
cent,
of the average farm yield in pounds of the total acreage seeded to
sunflowers by the insured person.
(3) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was a
claim shall be,
(a) where the previous year's coverage was 80 per cent, 78 per
cent;
(b) where the previous year's coverage was 78 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent; and
(e) where the previous year's coverage was 70 per cent, 70 per
cent,
of the average farm yield in pounds of the total acreage seeded to
sunflowers by the insured person.
(4) Where, in any year, a claim is paid in an amount that is less
than one-half of the total premium for that year, the coverage for the
following year shall remain unchanged.
(5) Despite clause (3) (a), the coverage provided under a con-
tract of insurance following a year in which there was a claim shall be
80 per cent where,
(a) the insured person has had coverage and an actual farm
yield for at least five years; and
(b) the previous year's coverage was 80 per cent.
(6) The number of pounds determined under this section consti-
tutes the total guaranteed production under a contract of insurance.
10. For the purposes of this plan, the established price for sunflow-
ers is 16 cents per pound.
11. The maximum indemnity payable for a loss in production of
sunflowers in a crop year is the amount obtained by multiplying the
total guaranteed production determined under section 9 by the estab-
lished price.
Premium
12.— (1) The total premium for sunflowers is $22 per acre.
(2) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
13.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
plants acreage to sunflowers.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit pre-
scribed by subsection (3), to the Commission at the time the final
acreage report prescribed by section 14 is filed.
(3) Where a renewal premium is payable in respect of a crop
year, the insured person shall, not later than the 1st day of May in
151
Reg./Règl. 250
CROP INSURANCE
Reg./Règl. 250
the crop year, pay a premium deposit in accordance with clause
7 (1) (b).
Final Acreage Report
14. — (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the planting of acreage to sunflowers is
completed.
(2) A final acreage report filed with the Commission shall not be
amended without the written consent of the Commission.
15.— (1) When the final acreage report is inaccurate, the Commis-
sion may correct it and adjust the premium accordingly and, in such
case, shall notify the insured person in writing forthwith of the cor-
rection and the reason therefor.
(2) The insured person shall be deemed to have agreed with the
correction of the final acreage report and adjustment of premium
made under subsection (1) unless, within ten days after the mailing
or delivery of the notification by the Commission, that person noti-
fies the Commission in writing that the correction is not acceptable.
(3) Upon notice that a correction is not acceptable being given,
the contract of insurance ceases to apply for the crop year in respect
of which the final acreage report was filed.
(4) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
16.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) Where the Commission prepares a final acreage report under
subsection (1), the Commission shall mail or deliver a copy of the
report to the insured person.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the mailing or delivery to that person of a
copy of the report.
Final Date For Planting
17. For the purposes of this plan, in any particular crop year, the
final date for planting sunflowers is the 1st day of July or such other
date as is reasonably warranted in the circumstances.
18. All acreage planted to sunflowers shall be insured under one
contract. O. Reg. 478/87, Sched.; O. Reg. 309/89, s. 1; O. Reg.
471/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
SUNFLOWER ENDORSEMENT
Whereas the insured person has applied for crop insurance under
the Ontario Crop Insurance Plan for Sunflowers, hereinafter
referred to as "the plan" and has paid the premium deposit pre-
scribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover sunflowers.
Harvesting of Planted Acreage
1.— (1) All acreage planted to sunflowers in a crop year shall be
harvested unless the Commission, upon application therefor in writ-
ing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) Where the harvesting of any planted acreage is not completed
and the failure to harvest was not caused by an insured peril, the con-
tract of insurance shall cease to apply to such unharvested acreage
and no indemnity shall be payable therefor.
Evaluation of Loss
2.— (1) An indemnity shall be paid for the acreage set out in sub-
paragraph (2) in the amount set out in subparagraph (3), where,
(a) all of the acres planted to the crops listed in the Table to
this Regulation are offered for insurance;
(b) the insured person elects the indemnity on the application
for insurance;
(c) the insured person pays a premium deposit of $1 for each
acre intended to be planted to the crops listed in the Table;
(d) one or more of the designated perils prevents the planting,
(i) of three acres or more, in the case of systematically
tile drained land, or
(ii) of six acres or more, in the case of land that is not
systematically tile drained; and
(e) the insured person notifies the Commission of the inability
to plant the acres to the crops listed in the Table by the 15th
day of June in the crop year.
(2) The indemnity shall be paid,
(a) for each unplanted acre in the case of systematically tile
drained land; or
(b) for each unplanted acre in excess of three unplanted acres,
in the case of land that is not systematically tile drained.
(3) The amount of the indemnity shall be one-third of the guaran-
teed production per acre of the crop with the highest priority accord-
ing to the Table of the crops intended to be planted and insured by
the insured person multiplied by the established price for that crop.
(4) No indemnity shall be payable under this paragraph for land
for which the same indemnity was paid by the Commission in the
immediately preceding year.
(5) Where the insured person plants a crop in respect of which
crop production insurance was applied for, the premium deposit for
the acreage so planted shall be applied against the regular premium.
(6) Where the insured person plants a crop which is not listed in
the Table, the premium deposit in respect of such acreage shall be
refunded.
(7) Where the insured person is unable to plant acreage desig-
nated on the application as intended to be planted to a crop listed in
the Table, the premium deposit in respect of such acreage shall be
retained by the Commission as payment for the coverage provided.
(8) This paragraph does not apply to and no indemnity is payable
in respect of land,
152
Reg./Règl. 250
ASSURANCE-RECOLTE
Reg./Règl. 250
(a) that is orchard land, pasture, woodland, seeded to a peren-
nial crop, fall sown or intended for summer fallow;
(b) that is untilled and was not cropped in the previous year; or
(c) that, in the opinion of the Commission, is not insurable.
(9) Where the planting is prevented by excessive rainfall, no
indemnity is payable unless the insured person establishes that,
(a) an abnormal amount of rain occurred;
(b) the rainfall resulted in a reduced number of work days; and
(c) a significant number of other insured persons were similarly
affected,
during the planting season in the area where the insured acreage is
situate.
3.— (1) Where loss or damage to three acres or more of the insured
crop resulting from an insured peril occurs before the 1st day of July
in the crop year, the Commission, upon application therefor in writ-
ing by the insured person, may consent in writing to the replanting of
the damaged acreage.
(2) Where the damaged acreage is replanted to the insured crop
in accordance with subparagraph (1), the Commission shall pay an
indemnity of $35 for each acre replanted and the contract of insur-
ance continues to apply to such acreage.
(3) The total number of acres in respect of which a replanting
benefit is paid in a crop year shall not in any case exceed the total
number of insured acres.
4.— (1) Where loss or damage occurs prior to harvest, the Com-
mission, upon application therefor in writing by the insured person,
may consent in writing to the use of the damaged acreage for any
other purpose or to the abandonment or destruction of the insured
crop on such damaged acreage and in such case shall determine the
number of damaged acres and the potential production thereof.
(2) Where damaged acreage is used tor any other purpose or the
insured crop thereon is abandoned or destroyed in accordance with
subparagraph (1), the amount of loss that shall be taken into account
in the final adjustment of loss in respect of the total planted acreage
shall be calculated by multiplying the difference between the guaran-
teed production for the damaged acreage and the potential produc-
tion for the damaged acreage determined under subparagraph (1) by
the established price per pound.
(3) Where damaged acreage is not used for any other purpose or
the crop thereon is not abandoned or destroyed after the Commis-
sion has consented thereto, the amount of loss calculated under sub-
paragraph (2) shall not be taken into account in the final adjustment
of loss.
(4) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the Hnal adjustment of loss in
respect of the total seeded acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per pound.
(5) Where the crop contains damaged or foreign material, the
actual production thereof shall be deemed to be reduced by an
amount reasonable in the circumstances.
Final Adjustment of Loss For Total Planted Acreage
5. The indemnity payable with respect to the total planted acreage
in the final adjustment of loss is the sum of the losses calculated
under paragraphs 2, 3 and 4 applicable to the acreage but where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of the acreage, the indemnity
otherwise payable in respect of loss calculations made under para-
graph 4 shall be reduced by the amount obtained by multiplying such
excess by the established price per pound.
Incorrect Acreage in Final Acreage Report
6.— (1) Where the actual planted acreage of sunflowers in a crop
year is less than the planted acreage declared on the final acreage
report, the guaranteed production shall be decreased proportion-
ately in calculating whether there has been a loss and the actual pro-
duction shall be used in calculating the average production for pur-
poses of determining coverage for the following crop year and there
shall be no refund of premium.
(2) Where the actual planted acreage of sunflowers in a crop year
exceeds the planted acreage declared on the final acreage report, the
actual production shall be used in calculating whether there has been
a loss and.
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced proportionately,
in calculating the average production for purposes of determining
coverage for the following crop year.
In Witness Whereof, The Crop Insurance Commission of
Ontario has caused this endorsement to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at
this day of
.,19.,
Duly Authorized
Representative
General Manager
O. Reg. 478/87, Form 1; O. Reg. 327/88, s. 1; O. Reg. 309/89, s. 2.
TABLE
Crop in Order of Priority
1.
Corn.
2.
Soybeans.
3.
White beans.
4.
Coloured beans.
5.
Spring grain.
6.
Canola.
7.
Sunflowers.
8.
Red spring wheat.
O. Reg. 478/87, Table; O. Reg. 309/89, s. 3.
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Reg./Règl. 251
REGULATION 251
CROP INSURANCE PLAN FOR SWEET CHERRIES
1. The plan in the Schedule is established for the insurance within
Ontario of sweet cherries. R.R.O. 1980, Reg. 224, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Sweet Cherries".
2. The purpose of this plan is to provide for insurance against a
loss in the production of sweet cherries resulting from one or more of
the perils designated in section 4.
Definitions
3. In this plan.
"average yield" means the average total orchard production of the
insured person allowing for age of trees, tree removal, and change
in acreage;
"sweet cherries" means all varieties of sweet cherries produced in
Ontario.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1. Drought.
2. Excessive moisture.
3. Freeze injury.
4. Frost.
5. Hail.
6. Rain spht.
7. Unavoidable pollination failure.
8. Wildlife.
9. Wind damage.
Designation of Crop Year
5. The crop year for sweet cherries is the period from the 1st day of
December in any year to the 30th day of November next following.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
sweet cherries shall be deemed to be comprised of,
(a) the contract of insurance in Form 1 ;
(b) the application for insurance in Form 2;
(c) the production guarantee report in Form 3; and
(d) an amendment to any document referred to in clause (a),
(b) or (c) agreed upon in writing.
7. An application for insurance shall,
(a) be in Form 2;
(b) be accompanied by a premium deposit of,
(i) $100 or one-quarter of the premium payment made
by the insured person for the previous crop year,
whichever is the greater, or
(ii) an amount to be determined by the Commission;
and
(c) be filed with the Commission not later than the 1st day of
December in the crop year in respect of which it is made.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of December in the crop year during which the
cancellation is to be effective on or before such other date as may be
determined from time to time by the Commission.
Coverage
9.— (1) Subject to subsections (2) and (3), the coverage provided
under a contract of insurance is 63 per cent of the average yield as
determined by the Commission multiplied by the established price.
(2) The coverage provided under subsection (1) shall be
increased following each consecutive no claim year as follows:
1 . Following the first no claim year, to 66 per cent.
2. Following the second no claim year, to 68 per cent.
3. Following the third no claim year, to a maximum of 70 per
cent.
(3) The coverage provided under subsections (1) and (2) shall be
decreased for claim years from the insured level in reverse progres-
sion to that prescribed by subsection (2), except that where a claim
occurs in a year when the coverage is 63 per cent, the coverage shall
be reduced to a minimum of 60 per cent.
(4) The number of pounds determined under subsections (1), (2)
and (3) constitutes the total guaranteed production under a contract
of insurance.
10.— (1) The established price per pound for sweet cherries is,
(a) 15«; or
(b) 20c.
(2) Subject to subsection (3), the established price per pound
selected by an applicant at the time a contract of insurance is made
applies in each succeeding crop year during which the contract is in
force.
(3) Any established price designated in subsection (1) may be
substituted for the established price selected by the insured person at
the time a contract of insurance is made or for any established price
substituted in lieu thereof under this subsection where,
(a) the insured person applies therefor in writing prior to the
1st day of December in the crop year; and
(b) the Commission consents in writing.
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ASSURANCE-RECOLTE
Reg./Règl. 251
11. The maximum indemnity for which the Commission is liable
under a contract of insurance shall be the amount obtained by multi-
plying the total guaranteed production determined under section 9
by the established price per pound determined under section 10.
Premiums
12.— (1) The total premium payable in the crop year is,
(a) where the level of coverage is 70 per cent, 24 per cent;
(b) where the level of coverage is 68 per cent, 29 per cent;
(c) where the level of coverage is 66 per cent, 33 per cent;
(d) where the level of coverage is 63 per cent, 38 per cent; and
(e) where the level of coverage is 60 per cent, 42 per cent,
of the guaranteed production in pounds multiplied by the established
price.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $100.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Government of Canada under
the Crop Insurance Act (Canada).
13.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, to
the Commission at the time the production guarantee report pre-
scribed by section 14 is returned to the Commission.
(3) Where a renewal premium is payable in respect of a crop
year, the insured person shall, not later than the 1st day of December
in the crop year, pay the premium deposit as set out in clause 7 (b).
Production Guarantee Report
14. The Commission shall prepare and deliver a production guar-
antee report in Form 3 to each insured person in each crop year and
the insured person shall sign a copy thereof and return it to the
Commission. R.R.O. 1980, Reg. 224, Sched; O. Reg. 774/81,
ss. 1-3; O. Reg. 795/82, s. 1; O. Reg. 41/83, s. 1; O. Reg. 799/83,
ss. 1, 2; O. Reg. 10/85, s. 1; O. Reg. 35/89, s. 1.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinafter
referred to as "THE COMMISSION",
of the nRST PART
-and—
of the of
L
in the County (or as the case may be) of
hereinafter referred to as "THE INSURED PERSON",
of the second PART
Whereas the insured person has applied for crop insurance on
sweet cherries under The Ontario Crop Insurance Plan for Sweet
Cherries, hereinafter referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario),
and the regulations made thereunder, where, in a crop year the
insured person suffers a loss in the production of sweet cherries
resulting from one or more of the perils designated in the plan, the
Commission, subject to the terms and conditions hereinafter set
forth, agrees to indemnify the insured person in respect of such loss.
TERMS AND CONDITIONS
Insured Crop
1. In this contract, "insured crop" means all varieties of sweet
cherries produced in Ontario.
Causes of Lxjss Not Insured Against
2. This contract does not insure against and no indemnity shall be
paid in respect of a loss resulting from,
(a) the negligence, misconduct or poor farming practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
3.— (1) The insured person shall offer for insurance all acreage
planted to the insured crop on the farm or farms operated by the
insured person in Ontario, and, subject to subparagraph (2), this
contract applies to all such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes; or
(b) that, in the opinion of the Commission, is not insurable.
4.— (1) All insured acreage shall be harvested unless the Commis-
sion, upon application therefor in writing, consents in writing to the
abandonment or destruction of the insured crop or any part thereof
and, in such case, the Commission shall determine,
(a) the potential production of the unharvested acreage; and
(b) whether the harvesting was prevented by one or more of
the perils insured against.
(2) Where an insured person fails to obtain the consent of the
Commission in accordance with subparagraph (1), no indemnity shall
be paid in respect of the unharvested acreage.
Evaluation of Loss
5.— (1) The amount of loss that shall be taken into account in the
final adjustment of loss in respect of the total insured acreage shall
be calculated by multiplying the difference between the guaranteed
production and the actual production by the established price per
pound.
(2) For the purpose of subparagraph (1), actual production shall
include,
(a) the total orchard run of all insured acreage; and
(b) the potential production of wholly or partially unharvested
acreage where the failure to harvest resulted from a cause
of loss not insured against.
155
Reg./Règl. 251
CROP INSURANCE
Reg./Règl. 251
(3) Where the insured crop or any part thereof has suffered dam-
age from an insured peril to such an extent that it is unsuitable for
sale, it shall not be counted as production.
(4) Despite subparagraph (3), where damaged sweet cherries are
sold to a winery or distillery at less than the prevailing price for
unblemished fruit, the actual production shall be deemed to be
reduced by 50 per cent.
Notice of Loss or Damage
6.— (1) The insured person shall notify the Commission in writing
as soon as the damage occurs in order that a pre-harvest inspection
may be made where,
(a) loss of the insured crop occurs; or
(b) the insured crop or any part thereof is, or is intended to be,
sold on a pick-your-own basis.
(2) Where the insured person fails to notify the Commission pur-
suant to subparagraph (1), a claim by the insured person is invalid
and the insured person's right to indemnity is forfeited.
Misrepresentation, Vioi^tign gf Conditions or Fraud
7. Where the insured person,
(a) in the application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the insured person's right
to recover indemnity is forfeited.
Waiver or Alteration
8. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
9. Although a person other than the insured person holds an inter-
est of any kind in the insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the crop; and
(b) except as provided in paragraph 10, no indemnity shall be
paid to any person other than the insured person.
Assignment gf Right to Indemnity
10. The insured person may assign all or part of the right to indem-
nity under this contract in respect of the insured crop but an assign-
ment is not binding on the Commission and no payment of indemnity
shall be made to an assignee unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Adjustment of Loss
11.— (1) The indemnity payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it deems proper.
(3) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) the actual production obtained from the insured crop for
the crop year; and
(b) that the loss in production or part thereof resulted directly
from one or more of the perils insured against.
(4) Where a loss in production resulted partly from a peril
insured against and partly from a cause of loss not insured against,
the Commission shall determine the amount of the loss that resulted
from the cause of loss not insured against, and the indemnity payable
by the Commission under the contract shall be reduced accordingly.
Proof of Loss
12.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after the
earlier of,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 10.
(4) Where required by the Commission, the information given in
a proof of loss form shall be verified by statutoty declaration.
Arbitration
13. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time For Payment of Indemnity
14.— (1) No indemnity under this contract becomes due and pay-
able until,
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days after the receipt by the Commission of the proof of loss
form or award, as the case may be.
156
Reg./Règl. 251
ASSURANCE-RECOLTE
Reg./Règl. 251
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
15. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
16. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Notice
17.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be given by delivery
thereof or by sending it by mail addressed to the insured person's last
post office address on file with the Commission.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at
this day of
19..
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 224, Form 1; O. Reg. 41/83, s. 2; O. Reg. 10/85,
s. 2; O. Reg. 35/89, s. 2.
Form 2
Crop Insurance Act (Ontario)
APPLICATION FOR CROP INSURANCE FOR
To: The Crop Insurance Commission of Ontario:
(name of person, corporation or partnership and if partnership, names of all partners)
(address)
(telephone no.)
applies for crop insurance under the Crop Insurance Act (Ontario) and the regulations, and in support of this application the following facts are
stated:
1. Crop Insurance Contract number, if any, under the Crop Insurance Act (Ontario):
2. This application is made for the insurance coverage on
3. This application is made for the crop year ending in 19
4. Description of the farm or farms operated by applicant:
Farm
Number
Lot
Concession
Township
County
Total
Acres in
Farm
Total
number of
Trees or Vines
5. The price per unit applied for is:
6. Production records for the preceding six years are available:
Yes D No n
7. Sales records for the preceding year are available: Yes D No D
8. A deposit of $ accompanies this application.
Dated at .this day of , 19
(signature of applicant(s) )
(title of official signing for a corporation)
R.R.O. 1980, Reg. 224, Form 2; O. Reg. 799/83, s. 3.
157
Reg./Règl. 251
CROP INSURANCE
Reg./Règl. 251
Forma
Crop Insurance Act (Ontario)
PRODUCTION GUARANTEE REPORT FOR
1. Insured person
(name)
(address) (county)
2. Crop Insurance Contract No
3. Crop year covered by this report: 19
4. Total production during the past six years has been affected by,
(a) Tree or vine removal D Yes D No;
(b) Change in Acreage D Yes D No;
(c) Age of trees or vines D Yes D No;
(d) Biennial bearing D Yes D No.
5. Declaration of Previous Yields:
(telephone no.)
Year
Acreage
Number of Bearing
Trees or Vines
Actual Yield
Cause of Loss
6. Average yield for insurance purposes is
7. Established price per.
8. Determination of Guaranteed Production:
Average Yield for
Insurance Purposes
Percentage
Coverage
Guaranteed
Production
(pounds)
9. Determination of Premium:
Guaranteed
Production
Value at
Established
Price
Premium
Rate
Grower's
Premium
Premium
Deposit
Balance
Dated at , this .
. day of .
19..
(signature of insured person)
(signature of authorized representative)
R.R.O. 1980, Reg. 224, Form 3.
158
Reg./Règl. 252
ASSURANCE-RECOLTE
Reg./Règl. 252
REGULATION 252
CROP INSURANCE PLAN FOR SWEET CORN
1. The plan in the Schedule is established for the insurance within
Ontario of sweet com. R.R.O. 1980, Reg. 225, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Sweet Corn".
2. The purpose of this plan is to provide for insurance against a
loss in the production of sweet com resulting from one or more of
the perils designated in section 4.
Dehnitions
3. In this plan.
"average farm yield" means the average of previous yields of the
planted acreage computed by the Commission on the basis of acre-
age production records of the insured person or such other basis as
the Commission determines;
"processor" means a person engaged in the business of processing
sweet corn;
"sweet com" means sweet com produced in Ontario for processing;
"ton" means 2,000 pounds.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
\. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
11. Excessive heat.
12. Any adverse weather condition.
Designation of Crop Year
5. The crop year for sweet corn is the period from the 1st day of
March in any year to the 15th day of October next following.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
sweet com shall be deemed to be comprised of.
(a) the contract of insurance in Form 1;
(b) the application for insurance; and
(c) an amendment to any document referred to in clause (a) or
(b) agreed upon in writing.
7. An application for insurance shall be filed with the Commission
not later than the 10th day of May in the crop year or such other date
as may be determined by the Commission.
Duration of Contract
8. A contract of insurance shall be in force for the crop year in
respect of which it is made unless it is terminated in accordance with
the regulations.
Coverage
9.— (1) The coverage per acre provided in the crop year under a
contract of insurance shall be 80 per cent of the average farm yield in
tons.
(2) The average yield for each acre of the insured crop shall be
computed annually by the Commission on the basis of production
records.
(3) The number of tons per acre determined under subsections
(1) and (2) multiplied by the number of insured acres constitutes the
total guaranteed production under the contract of insurance.
10. The maximum amount for which the Commission is liable for a
loss in production under a contract of insurance shall be the amount
obtained by multiplying the total guaranteed production determined
under section 9 by the established price per ton determined under
section 11.
11. The established price for sweet com shall be determined by the
Commission in each crop year on the basis of the grower-processor
marketing agreement.
Premiums
12.— (1) Subject to subsection (2), the total premium payable in
respect of acreage under contract to a processor is $30 per acre.
(2) Where, as a result of export sales by the processor, the
insured person receives less than the contract price for corn sold on
the domestic market, the total premium shall be reduced in an
amount to be determined by the Commission based on the ratio of
the net price received to the net domestic market price.
(3) Despite any authorization by an insured person in an applica-
tion for insurance, the payment of the premium is the responsibility
of the insured person and such premium shall be paid in any event
not later than ten days after written demand therefor by the Commis-
sion.
(4) The premiums prescribed by subsections (1) and (2) include
payments in respect of premiums made by the Province of Ontario
and the Government of Canada under the Crop Insurance Act
(Canada).
Final Date for Planting
13. For the purposes of this plan, the final date for planting sweet
com in a crop year is the 1st day of July or such other date as may be
determined from time to time by the Commission.
Final Date for Harvesting
14. For the purposes of this plan, the final date for harvesting
sweet corn in a crop year is the 15th day of October or such other
date as may be determined from time to time by the Commission.
159
Reg./Règl. 252
CROP INSURANCE
Reg./Règl. 252
R.R.O. 1980, Reg. 225, Sched.; O. Reg. 290/81, s. 1; O. Reg.
308/82, s. 1; O. Reg. 207/86, s. 1; O. Reg. 444/89, s. 1.
TABLE
Percentage By-passed of
Total Acreage Contracted
by Processing Plant
Maximum Insurance Liability
(percentage of average
farm yield)
4.9% or less
80
5-8.9%
70
9-12.9%
60
13% or more
50
R.R.O. 1980, Reg. 225, Table; O. Reg. 362/84, ss. 1, 2; O. Reg.
207/86, s. 2; O. Reg. 315/87, ss. 1-4; O. Reg. 458/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinafter
referred to as "THE COMMISSION",
OF THE FIRST PART
-and-
ofthe of
in the County (or as the case may be) of ,
hereinafter referred to as "THE INSURED PERSON",
OF THE SECOND PART
Whereas the insured person has applied for crop insurance on
sweet corn under The Ontario Crop Insurance Plan for Sweet Corn,
hereinafter referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario),
and the regulations made thereunder, where in a crop year the
insured person suffers a loss in the production of sweet corn resulting
from one or more of the perils designated in the plan, the Commis-
sion, subject to the terms and conditions hereinafter set forth, agrees
to indemnify the insured person in respect of such loss.
TERMS AND CONDITIONS
Causes of Loss Not Insured Against
1. This contract does not insure against, and no indemnity shall be
paid in respect of a loss in the production of the insured crop result-
ing from,
(a) the negligence, misconduct or poor farming practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation, plant disease or bird damage unless rec-
ommended control programs were followed; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
2.— (1) The insured person shall offer for insurance all acreage
planted in the crop year to sweet corn on the farm or farms operated
by the insured person in Ontario, whether grown under contract or
not and, subject to subparagraph (2), this contract applies to all such
acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes;
(b) that was planted after the final date prescribed for planting
in the plan; or
(c) that, in the opinion of the Commission, is not insurable.
Variation in Planted Acreage
3.— (1) Where the acreage planted by the insured person in the
crop year is not the same as that stated in the application for insur-
ance, the insured person shall, not later than the 15th day of July or
such other date as may be determined by the Commission, notify the
Commission in writing of the actual acreage planted.
(2) Where the actual planted acreage of the insured crop is less
than that stated in the application for insurance, the total guaranteed
production and the maximum amount of indemnity shall be reduced
proportionately.
(3) Where the actual planted acreage of the insured crop is more
than that stated in the application for insurance, unless the processor
increases the contract acreage accordingly, the total guaranteed pro-
duction, the maximum amount of indemnity and the premium pay-
able shall not be increased but the production from the total planted
acreage shall be included in establishing the production of the
insured person.
Harvesting of Planted Acreage
4. — (1) All acreage planted to the insured crop in the crop year
shall be harvested as sweet corn for processing unless the Commis-
sion, upon application therefor in writing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) The final date for the harvesting referred to in subparagraph
(1) is the 15th day of October or such other date as may be deter-
mined from time to time by the Commission.
(3) Where the harvesting of any planted acreage is not completed
on the date prescribed by subparagraph (2), the insured person shall
forthwith notify the Commission in writing.
(4) Where an insured person fails to notify the Commission, in
accordance with subparagraph (3), no indemnity shall be paid in
respect of the unharvested acreage.
Misrepresentation, Violation of Conditions or Fraud
5. Where the insured person,
(a) in an application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
160
Reg./Règl. 252
ASSURANCE-RECOLTE
Reg./Règl. 252
i
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invaUd and the insured person's right
to recover indemnity is forfeited.
Waiver or Alteration
6. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
7. Even if a person other than the Insured person holds an interest
of any kind in the insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the total guaranteed produc-
tion; and
(b) except as provided in paragraph 8, no indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
8. The insured person may assign all or part of the insured person's
right to indemnity under this contract in respect of the insured crop
but an assignment is not binding on the Commission and no payment
of indemnity shall be made to an assignee unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Evaluation of Loss
9.— (1) Where the planting of three acres or more of sweet com
before the final planting date is prevented by one or more of the des-
ignated perils, an indemnity shall be paid in respect of each
unplanted acre calculated on the basis of 20 per cent of the guaran-
teed production per acre multiplied by the established price per ton.
(2) Any acreage in respect of which an indemnity is paid under
subparagraph (1) shall be released from the contract of insurance,
the guaranteed production and indemnity payable shall be reduced
accordingly and the production from any such acreage planted to
sweet corn after the final planting date shall not be taken into
account in calculating the average farm yield.
10.— (1) Where loss or damage to three acres or more of the
insured crop occurs at any time following the planting of the insured
crop or any part thereof, the Commission upon application therefor
in writing by the insured person, may consent in writing to,
(a) the replanting of the damaged acreage, if the replanting is
completed not later than the 1st day of July;
(b) the use of the damaged acreage for an alternate crop; or
(c) the abandonment or destruction of the insured crop on such
damaged acreage.
(2) Where the damaged acreage is replanted to sweet corn in
accordance with clause (1) (a), the Commission shall pay to the
insured person a supplementary benefit of $35 for each acre
replanted and the contract of insurance shall continue to apply to
such replanted acreage.
(3) Where the damaged acreage is used for an alternative crop in
accordance with clause (1) (b), the Commission shall pay to the
insured person a supplementary benefit of $35 for each acre
replanted, the replanted acreage shall be released from the contract
of insurance and the guaranteed production and indemnity payable
shall be reduced accordingly.
11.— (1) Where harvesting has been completed, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per ton.
(2) For the purpose of subparagraph (1), actual production shall
include,
(a) production delivered to and accepted by a processor;
(b) production delivered to and rejected by a processor unless
the rejection resulted from an insured peril;
(c) production harvested but not delivered to a processor; and
(d) potential production of wholly or partially unharvested
acreage unless the failure to harvest resulted from an
insured peril.
(3) Despite subparagraph (1), the indemnity payable in respect of
by-passed acreage shall be calculated on the basis of the by-passing
record of the processing plant to whom the crop is contracted in
accordance with the Table.
Notice of Loss or Damage
12.— (1) Where loss or damage to the insured crop occurs and the
insured person intends to abandon or destroy the insured crop, or to
replant or use the planted acreage for another purpose, the insured
person shall notify the Commission in writing of such intention and
shall take no further action without the consent in writing of the
Commission.
(2) Where loss or damage to the insured crop occurs and the
damage was occasioned at a readily ascertainable time, the insured
person shall notify the Commission in writing within twenty-four
hours of such time.
(3) Where loss or damage to the insured crop occurs and it
appears, or ought reasonably to appear, to the insured person at any
time after planting and before the completion of harvesting of the
insured crop that the production of the insured crop may thereby be
reduced, the insured person shall, as soon as the loss or damage is
apparent, notify the Commission in writing forthwith.
(4) Despite any notice given by the insured person under this
paragraph, where on completion of harvesting of the insured crop
the actual production is less than the total guaranteed production,
the insured person shall notify the Commission in writing forthwith.
Notice of By-Passing
13. Where acreage is by-passed by the processor, the insured per-
son shall notify the Commission in writing within twenty-four hours.
Abandonment, Destruction or Alternate Use
14.— (1) Acreage planted to the insured crop shall not be put to
another use and the insured crop shall not be abandoned or
destroyed until the Commission has appraised the potential produc-
tion of the acreage.
(2) An appraisal made under subparagraph (1) shall not be taken
into account in the final adjustment of loss where the insured person
harvests the appraised acreage.
Adjustment of Loss
15.— (1) The indetimity payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
161
Reg./Règl. 252
CROP INSURANCE
Reg./Règl. 253
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it considers proper.
(3) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) the actual production obtained from the insured crop for
the crop year; and
(b) that the loss in production or part thereof resulted directly
from one or more of the perils insured against.
(4) Where a loss in production resulted partly from a peril
insured against and partly from a cause of loss not insured against,
the Commission shall determine the amount of the loss that resulted
from the cause of loss not insured against, and the indemnity payable
by the Commission under this contract shall be reduced accordingly.
(5) The indemnity payable with respect to the total planted acre-
age in the final adjustment of loss shall be the sum of all loss calcula-
tions applicable to such acreage, but where the actual production of
any harvested acreage exceeds the guaranteed production of such
acreage, the indemnity otherwise payable shall be reduced by the
amount obtained by multiplying such excess by the established price
per ton.
Proof of Loss
16.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after the
earUer of,
(a) the completion of harvesting of the insured crop; and
(b) the end of the crop year.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 8.
(4) Where required by the Commission, the information given in
a proof of loss form shall be verified by statutory declaration.
Arbitration
17. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
18.— (1) No indemnity under this contract becomes due and pay-
able until,
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
19. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
20. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
21.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be given by delivery
thereof or by sending it by mail addressed to the insured person at
the person's last post office address on file with the Commission.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at , this
day of 19
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 225, Form 1; O. Reg. 290/81, s. 2; O. Reg.
277/83, s. 1; O. Reg. 362/84, s. 3; O. Reg. 207/86, s. 3; O. Reg.
315/87, ss. 5, 6.
REGULATION 253
CROP INSURANCE PLAN FOR TOMATOES
1. The plan in the Schedule is established for the insurance within
Ontario of tomatoes. R.R.O. 1980, Reg. 226, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Tomatoes".
2. The purpose of this plan is to provide for insurance against a
loss in the production of tomatoes resulting from one or more of the
perils designated in section 4.
Definitions
3. In this plan,
"area" means an area designated in column 1 of Table 1;
"average farm yield" means the average of previous yields of the
planted acreage computed by the Commission on the basis of acre-
age production records of the insured person or on such other
basis as the Commission determines;
"experience ratio" means the ratio determined by the Commission
162
Reg./Règl. 253
ASSURANCE-RECOLTE
Reg./Règl. 253
calculated by dividing the average production of the three lowest
yielding years of the preceding six years by the average yield;
"processor" means a person engaged in the business of processing
tomatoes;
"tomatoes" means tomatoes produced in Ontario for processing;
"ton" means 2,000 pounds.
Designation of Perils
4. The following are designated as perils for the purpose of this
plan:
1 . Abnormally cool weather.
2. Drought.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Sunscald.
10. Wildlife.
U. Wind.
Designation of Crop Year
5. The crop year for tomatoes is the period from the 1st day of
March in any year to the 20th day of October next following.
Contract of Insurance
6. For the purpose of this plan, the entire contract of insurance for
tomatoes shall be deemed to be comprised of,
(a) the contract of insurance in Form 1 ;
(b) the application for insurance; and
(c) an amendment to any document referred to in clause (a) or
(b) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission; and
(b) be filed with the Commission not later than the 1st day of
May in the crop year or not later than such other date as
may be determined from time to time by the Commission.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made unless it is terminated in accordance
with the regulations.
(2) Despite subsection (1), the contract does not insure against
and no indemnity shall be paid in respect of any loss or damage
which occurs prior to the insurance commencement date designated
in column 2 of Table 1 in respect of the area in which the insured
acreage is situate.
Coverage
9.— (1) The coverage provided in each crop year under a contract
of insurance shall be.
(a) 80 per cent of the average yield in tons for the planted acre-
age accepted by the Commission for coverage; or
(b) the contract tonnage,
of the insured person, whichever is the lesser.
(2) The number of tons determined under subsection (1) consti-
tutes the total guaranteed production under a contract of insurance.
(3) Where, in the opinion of the Commission, the insured person
cannot provide adequate records for the preceding six years of pro-
duction, the average yield and the experience ratio shall be deter-
mined by the Commission on such other basis as it may approve.
10. The established price for tomatoes per ton is,
(a) $70;
(b) $80; or
(c) $90.
Premiums
11.— (1) The total premium payable in the crop year shall be calcu-
lated by the Commission according to Table 2 on the basis of,
(a) the experience ratio of the insured person;
(b) the average yield; and
(c) the established price per ton determined under section 10.
(2) Despite any authorization by an insured person in an applica-
tion for insurance, the payment of the premium due in respect of the
contract of insurance is the liability of the insured person and such
premium shall be paid in any event not later than ten days after writ-
ten demand for payment thereof by the Commission.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
Final Date for Planting
12. For the purposes of this plan, the final date for planting toma-
toes in a crop year is the 20th day of June.
Final Date for Harvesting
13. For the purposes of this plan, the final date for harvesting
tomatoes in a crop year is the 20th day of October or such other date
as may be determined from time to time by the Commission.
R.R.O. 1980, Reg. 226, Sched.; O. Reg. 291/81, ss. 1, 2; O. Reg.
309/82, ss. 1,2; O. Reg. 309/83, ss. 1,2; O. Reg. 356/84, ss. 1,2;
O. Reg. 292/85, ss. 1-4; O. Reg. 683/86, ss. 1,2; O. Reg. 314/87,
ss. 1, 2; O. Reg. 322/86, s. 1; O. Reg. 472/89, s. 1; O. Reg. 494/90,
s. 1.
163
Reg./Règl. 253
CROP INSURANCE
Reg./Règl. 253
TABLE 1
Column 1
Column 2
Area
Insurance
Commencement
Date
Western Area consisting of the counties of
Noon Eastern
Standard Time
May 1st
Central Area consisting of the County of
Prince Edward and that part of Ontario lying
west of that part of the King's Highway
known as No. 11, except the counties of
Noon Eastern
Standard Time
May 8th
Eastern Area consisting of that part of
Ontario lying east of that part of the King's
Highway known as No. 11, except the County
of Prince Edward
Noon Eastern
Standard Time
May 15th
O. Reg. 309/83, s. 3.
TABLE 2
Experience
Ratio
Premium
Rate
4.00
5.26 6.50 8.00 9.26
10.50
Percentage Coverage
84
80
82
80
80
80
78
80
76
80
74 or less
80
O. Reg. 472/89, s. 2.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinafter
referred to as "THE COMMISSION",
OF THE FIRST PART
— and—
of the of
in the County (or as the case may be) of ,
hereinafter referred to as "THE INSURED PERSON",
OF THE SECOND PART
Whereas the insured person has applied for crop insurance on
tomatoes under The Ontario Crop Insurance Plan for Tomatoes,
hereinafter referred to as "the plan";
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, where in a crop year the insured
person suffers a loss in the production of tomatoes resulting from one
or more of the perils designated in the plan, the Commission, subject
to the terms and conditions hereinafter set forth, agrees to indemnify
the insured person in respect of such loss.
TERMS AND CONDITIONS
Causes of Loss Not Insured Against
1. This contract does not insure against, and no indemnity shall be
paid in respect of, a loss in production of the insured crop resulting
from,
(a) the negligence, misconduct or poor farming practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery;
(c) insect infestation or plant disease unless recommended
spray programs were used; or
(d) a peril other than the perils designated in the plan.
Extent of Insurance
2. — (1) The insured person shall offer for insurance all acreage
planted in the crop year to tomatoes on the farm or farms operated
by the insured person in Ontario whether grown under contract or
not and, subject to subparagraph (2), this contract applies to all such
acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes;
(b) that was planted after the final date prescribed for planting
in the plan; or
(c) that, in the opinion of the Commission, is not insurable.
Indemnity
3. The maximum indemnity payable for a loss in production of the
insured crop for the crop year is the amount obtained by multiplying
the total guaranteed production by the price per ton established in
the plan, but in no case shall the total guaranteed production exceed
the tonnage contracted for.
Variation in Planted Acreage
4.— (1) Where the acreage planted by the insured person in the
crop year is not the same as the acreage stated in the application, the
insured person shall, not later than the 10th day of August, notify the
Commission in writing of the actual acreage planted.
(2) Where the actual planted acreage of the insured crop is less
than the acreage stated in the final acreage report, the total guaran-
teed production and the maximum amount of indemnity shall be
reduced proportionately.
(3) Where the actual planted acreage of the insured crop is more
than the acreage stated in the final acreage report, the total guaran-
teed production, the maximum amount of indemnity and the pre-
mium payable shall not be increased but the production from the
total planted acreage shall be included in establishing the production
of the insured person.
Harvesting of Planted Acreage
5.— (1) All acreage planted to the insured crop in the crop year
shall be harvested as tomatoes for processing unless the Commission,
upon application therefor in writing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
164
Reg./Règl. 253
ASSURANCE-RECOLTE
Reg./Règl. 253
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) The final date for the harvesting referred to in subparagraph
(1) is the 20th day of October or such other date as may be deter-
mined from time to time by the Commission.
(3) Where the harvesting of any planted acreage is not completed
on the date prescribed by subparagraph (2), the insured person shall
forthwith notify the Commission in writing.
(4) Where an insured person fails to notify the Commission in
accordance with subparagraph (3), no indemnity shall be paid in
respect of the unharvested acreage.
Evaluation of Loss
6.— (1) Where the seeding or planting of one acre or more of
tomatoes or an alternate crop before the final planting date is pre-
vented by one or more of the designated perils, an indemnity may be
paid in respect of each unseeded or unplanted acre calculated on the
basis of 20 per cent of the guaranteed production per acre multiplied
by the established price per ton.
(2) Where, after the final planting date, one or more acres is
seeded to an alternate crop, an indemnity may be paid in respect of
each acre so seeded calculated on the basis of 10 per cent of the guar-
anteed production per acre multiplied by the established price per
ton.
(3) Any acreage in respect of which an indemnity is paid under
subparagraph (1) or (2) shall be released from the contract of insur-
ance and, in such case, the guaranteed production and indemnity
payable shall be reduced accordingly.
7.— (1) Where loss or damage to one acre or more of the insured
crop occurs at any time following the planting of the insured crop or
any part thereof, the Commission, upon application in writing there-
for by the insured person, may consent in writing to,
(a) one replanting of the damaged acreage to the insured crop
and, in such case, the replanting shall be completed not
later than the 20th day of June in the crop year or such
other date as may be determined by the Commission;
(b) the use of the damaged acreage for the planting of another
crop and, in such case, the replanting shall be completed
not later than the 1st day of July in the crop year or such
other date as may be determined by the Commission; or
(c) the abandonment or destruction of the insured crop on such
damaged acreage and, in such case, the Commission shall
determine the number of damaged acres and the potential
production thereof.
(2) Where damaged acreage is replanted to the insured crop in
accordance with clause (1) (a), the contract of insurance shall con-
tinue to apply to such replanted acreage.
(3) Where the damaged acreage is replanted to an alternate crop
under clause (1) (b), an indemnity shall be paid and the indemnity
shall be the lesser of,
(a) the original cost to the producer of the plants or seed mix-
ture in respect of which loss or damage was suffered; or
(b) the price per thousand of local transplants or hybrid plants
negotiated under the Farm Products Marketing Act multi-
plied by fourteen.
8. Where the insured crop suffers damage from an insured peril
and the insured person incurs unusual or increased hand harvesting
costs as a result, the Commission may adjust the actual production of
the insured crop accordingly.
9.— (1) Where the actual production of the insured acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per ton.
(2) For the purpose of subparagraph (1), actual production shall
include,
(a) production delivered to and accepted by a processor;
(b) production delivered to and rejected by a processor unless
the rejection resulted from a cause of loss designated in the
plan;
(c) production harvested but not delivered to a processor; and
(d) potential production of wholly or partially unharvested
acreage unless the failure to harvest resulted from an
insured peril.
10. The indemnity payable with respect to the total planted acre-
age shall be the sum of all loss calculations applicable to such acre-
age, but where the actual production of any acreage, as determined
under paragraph 9, exceeds the guaranteed production of such acre-
age, the indemnity otherwise payable for a loss in production shall be
reduced by the amount obtained by multiplying such excess by the
established price per ton.
Misrepresentation, Violation of Conditions or Fraud
11. Where the insured person,
(a) in an application for insurance,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud in respect of the insured crop; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the insured person's right
to recover indemnity is forfeited.
Waiver or Alteration
12. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
13. Even if a person other than the insured person holds an inter-
est of any kind in the insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the total guaranteed produc-
tion; and
(b) except as provided in paragraph 14, no indemnity shall be
paid to any person other than the insured person.
165
Reg./Règl. 253
CROP INSURANCE
Reg./Règl. 253
Assignment of Right to Indemnity
Proof of Loss
14. The insured person may assign all or part of the insured per-
son's right to indemnity under this contract in respect of the insured
crop but an assignment is not binding on the Commission and no
payment of indemnity shall be made to an assignee unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Notice of Loss or Damage
15.— (1) Where loss or damage to the insured crop occurs and the
insured person intends to abandon or destroy the insured crop, or to
replant or use the planted acreage for another purpose, the insured
person shall notify the Commission in writing of such intention and
shall take no further action without the consent in writing of the
Commission.
(2) Where loss or damage to the insured crop occurs and the
damage was occasioned at a readily ascertainable time, the insured
person shall notify the Commission in writing within five days of such
time.
(3) Where loss or damage to the insured crop occurs and it
appears, or ought reasonably to appear, to the insured person at any
time after planting and before the completion of harvesting of the
insured crop that the production of the insured crop may thereby be
reduced, the insured person shall, as soon as the loss or damage is
apparent, notify the Commission in writing forthwith.
(4) Despite any notice given by the insured person under this
paragraph, where on completion of harvesting of the insured crop
the actual production is less than the total guaranteed production,
the insured person shall notify the Commission in writing within five
days of completion of harvesting.
Abandonment, Destruction or Alternate Use
16.— (1) Acreage planted to the insured crop shall not be put to
another use and the insured crop shall not be abandoned or
destroyed until the Commission has appraised the potential produc-
tion of the acreage.
(2) An appraisal made under subparagraph (1) shall not be taken
into account in the final adjustment of loss where the insured person
harvests the appraised acreage.
Adjustment of Loss
17.— (1) The indemnity payable for loss or damage to the insured
crop shall be determined in the manner prescribed by this contract.
(2) The Commission may cause the production of the insured
crop to be appraised by any method that it considers proper.
(3) No indemnity shall be paid for a loss in respect of the insured
crop unless the insured person establishes,
(a) the actual production obtained from the insured crop for
the crop year; and
(b) that the loss in production or part thereof resulted directly
from one or more of the perils insured against.
(4) Where a loss in production resulted partly from a peril
insured against and partly from a cause of loss not insured against,
the Commission shall determine the amount of the loss that resulted
from the cause of loss not insured against, and the indemnity payable
by the Commission under this contract shall be reduced accordingly.
18.— (1) A claim for indemnity in respect of the insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after the
earlier of,
(a) the completion of harvesting of the insured crop; and
(b) the end of the crop year.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 14.
(4) Where required by the Commission, the information given in
a proof of loss form shall be verified by statutory declaration.
Arbitration
19. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
20.— (1) No indemnity under this contract becomes due and pay-
able until,
(a) the end of the crop year; and
(b) the premium has been paid in full.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
21. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
22. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Notice
23.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be given by delivery
thereof or by sending it by mail addressed to the insured person at
the insured person's last post office address on file with the Commis-
sion.
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Reg./Règl. 253
ASSURANCE-RÉCOLTE
Reg./Règl. 254
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at .
this day of
,19..
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 226, Form 1; O. Reg. 291/81, s. 4; O. Reg.
309/82, s. 3; O. Reg. 309/83, s. 5; O. Reg. 356/84, ss. 4, 5; O. Reg.
292/85, s. 6; O. Reg. 683/86, ss. 3-7; O. Reg. 314/87, ss. 3-5;
O. Reg. 472/89, s. 3.
REGULATION 254
CROP INSURANCE PLAN FOR WHITE BEANS
1. The plan in the Schedule is established for the insurance within
Ontario of white beans. R.R.O. 1980, Reg. 228, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
White Beans".
2. The purpose of this plan is to provide for insurance against a
loss in the production of white beans resulting from one or more of
the perils designated in section 4.
Definitions
3. In this plan,
"average farm yield" means the average yield of the planted acreage,
(a) for the ten-year period immediately preceding the current
year computed on the basis of the acreage production
records of the insured person, or
(b) for the number of years of enrolment in the plan computed
on the basis of the acreage production records of the
insured person or on another basis that is reasonable in the
circumstances, where the insured person has not been
enrolled in the plan for ten years;
"hundredweight" means 100 pounds of beans, the moisture content
of which is not more than 18 per cent;
"white beans" means white pea-beans produced in Ontario.
Designation of Perils
4. The following are designated as perils for the purposes of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
Designation of Crop Year
5. The crop year for white beans is the period from the 1st day of
March in any year to the last day of February next following.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for white beans shall be deemed to be comprised of,
(a) the contract of insurance in the form prescribed by Regula-
tion 256 of Revised Regulations of Ontario, 1990;
(b) an endorsement for white beans in Form 1;
(c) the application for insurance;
(d) the final acreage report for each crop year; and
(e) an amendment to any document referred to in clause (a),
(b), (c) or (d) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by a premium deposit of $1 per acre; and
(c) be filed with the Commission not later than the 1st day of
May in the crop year.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 1st day of May in the crop year during which the cancella-
tion is to be effective.
Coverage
9. For the purpose of calculating the average farm yield, the Com-
mission shall, on an annual basis, compare the actual yield in each
year of the ten-year period used to calculate the average farm yield
with the average farm yield itself and,
(a) if the actual yield in a year exceeds the insured person's ten
year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted^ Actual _ 2 rActual_ /Average ^ i 3 ^^
Yield Yield 3 L Yield \ Yield ' /J
(b) if the actual yield in a year falls short of the insured person's
ten year average by more than 30 per cent, shall adjust the
actual yield according to the formula.
Adjusted ^ Actual ^ 2 F /Average ^ g ^\ Actual "1
Yield Yield 3 L\ Yield " / Yield J
167
Reg./Règl. 254
CROP INSURANCE
Reg./Règl. 254
10.— (1) Subject to subsections (4) and (5), the initial coverage
provided under a contract of insurance shall be 75 per cent of the
average farm yield in pounds of the total acreage planted to white
beans by the insured person.
(2) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was no
claim shall be,
(a) where the previous year's coverage was 70 per cent, 73 per
cent;
(b) where the previous year's coverage was 73 per cent, 75 per
cent:
any established price designated in section 11 may be substituted for
the established price selected by the insured person at the time a con-
tract of insurance is made, or any established price substituted in lieu
thereof under this section.
(2) Where, upon any renewal, the insured person fails to select
an established price pursuant to subsection (1), the Commission may
designate the established price applicable to the contract for the crop
year.
13. The maximum indemnity payable for a loss in production of
white beans in a crop year is the amount obtained by multiplying the
total guaranteed production determined under section 10 by the
established price per hundredweight determined under section 11.
(c) where the previous year's coverage was 75 per cent, 78 per
cent;
(d) where the previous year's coverage was 78 per cent, 80 per
cent; and
(e) where the previous year's coverage was 80 per cent, 80 per
cent,
of the average farm yield in pounds of the total acreage planted to
white beans by the insured person.
(3) Subject to subsections (4) and (5), the coverage provided
under a contract of insurance following a year in which there was a
claim shall be,
(a) where the previous year's coverage was 80 per cent, 78 per
cent;
(b) where the previous year's coverage was 78 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent; and
(e) where the previous year's coverage was 70 per cent, 70 per
cent,
of the average farm yield in pounds of the total acreage planted to
white beans by the insured person.
(4) Where, in any year, a claim is paid in an amount that is less
than one-half of the total premium for that year, the coverage for the
following year shall remain unchanged.
(5) Despite clause (3) (a), the coverage provided under a con-
tract of insurance following a year in which there was a claim shall be
80 per cent where,
(a) the insured person has had coverage and an actual farm
yield for at least five years; and
(b) the previous year's coverage was 80 per cent.
11. For the purposes of this plan, the established price per hun-
dredweight for white beans is,
(a) $14; or
(b) $20.
12.-(1) Where,
(a) the insured person applies therefor in writing on or before
the 1st day of May in a crop year; and
(b) the Commission consents in writing.
Premiums
14.— (1) The total premium is,
(a) $25.20 per acre where the established price is $14 per hun-
dredweight; and
(b) $36 per acre where the established price is $20 per hundred-
weight.
(2) Despite subsection (1), the total premium is 80 per cent of the
total premium prescribed by subsection (1) if,
(a) the coverage is 80 per cent and the insured person has had
coverage and an actual farm yield for at least five years; and
(b) based on Commission records, total premiums paid by the
insured person for white beans exceed indemnity paid.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Province of Ontario and the
Government of Canada under the Crop Insurance Act (Canada).
15.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
plants acreage to white beans.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium, less the premium deposit, if
any, to the Commission at the time the insured person files the final
acreage report prescribed by section 16.
Final Acreage Reports
16.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the planting of acreage to white beans is
completed.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
17.— (1) The Commission may revise the final acreage report in
any or all respects and adjust the premium accordingly and, in such
case, shall notify the insured person in writing forthwith respecting
such revision and adjustment.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the insured person notifies the Commission in
writing that the insured person rejects the revision within ten days
after the Commission notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
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ASSURANCE-RECOLTE
Reg./Règl. 254
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed and shall refund
any premium or premium deposit paid in respect of that crop year.
(S) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
18.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare the final acreage report; or
(b) declare the insured acreage to be nil.
(2) Where the Commission prepares a final acreage report under
subsection (1), the Commission shall serve a copy of the report on
the insured person either by personal delivery or by mailing it to the
insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A report that is mailed shall be deemed to be served three
days after it is mailed.
Final Planting Date
19. For the purposes of this plan, the fmal date for planting white
beans in a crop year is the 1st day of July or such other date as may
be determined from time to time by the Commission. R.R.O. 1980,
Reg. 228, Sched.; O. Reg. 305/81, s. 1; O. Reg. 93/82, ss. 1-4;
O. Reg. 216/82, s. 1; O. Reg. 48/83, ss. 1-3; O. Reg. 139/84, ss. 1-3;
O. Reg. 301/85, ss. 1-3; O. Reg. 324/87, ss. 1-3; O. Reg. 189/88,
s. 1; O. Reg. 295/89, s. 1; O. Reg. 476/90, s. 1.
I
TABLE
Spring Sown Crops in Order of Priority
1.
Corn
2.
Soybeans
3.
White Beans
4.
Coloured Beans
5.
Spring Grain
6.
Canola
7.
Sunflowers
8.
Red Spring Wheat
O. Reg. 305/81, s. 2; O. Reg. 301/85, s. 4; O. Reg. 324/87, s. 4;
O. Reg. 295/89, s. 2.
Form 1
Crop Insurance Act (Ontario)
WHITE BEAN ENDORSEMENT
Whereas the insured person has applied for crop insurance for
white beans under The Ontario Crop Insurance Plan for White
Beans, hereinafter referred to as "the plan", and has paid the
deposit premium prescribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, the contract of insurance between
The Crop Insurance Commission of Ontario and the insured person
is hereby extended to cover white beans.
Harvesting of Planted Acreage
1.— (1) All acreage planted to white beans in a crop year shall be
harvested as white beans unless the Commission, upon application
therefor in writing, consents in writing to,
(a) the use of the planted acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) Where the harvesting of any planted acreage is not completed
and the failure to harvest was not caused by an insured peril, the con-
tract of insurance shall cease to apply to such unharvested acreage
and no indemnity shall be payable therefor.
Evaluation of Loss
2.— (1) An indemnity shall be paid for the acreage set out in sub-
paragraph (2) in the amount set out in subparagraph (3), where,
(a) all of the acres planted to the crops listed in the Table to
this Regulation are offered for insurance;
(b) the insured person elects the indemnity on the application
for insurance;
(c) the insured person pays a premium deposit of $1 of each
acre intended to be planted to the crops listed in the Table;
(d) one or more of the designated perils prevents the planting,
(i) of three acres or more, in the case of systematically
tile drained land, or
(ii) of six acres or more, in the case of land that is not
systematically tile drained; and
(e) the insured person notifies the Commission of the insured
person's inability to plant the acres to the crops listed in the
Table by the 15th day of June in the crop year.
(2) The indemnity shall be paid,
(a) for each unplanted acre, in the case of systematically tile
drained land; or
(b) for each unplanted acre in excess of three unplanted acres,
in the case of land that is not systematically tile drained.
(3) The amount of the indemnity shall be one-third of the guaran-
teed production per acre of the crop with the highest priority as set
out in the Table of the crops intended to be planted and insured by
the insured person multiplied by the established price for that crop.
(4) No indemnity shall be payable under this paragraph for land
for which the same indemnity was paid by the Commission in the
immediately preceding year.
(5) Where the insured person plants a crop in respect of which
crop production insurance was applied for, the premium deposit for
the acreage so planted shall be applied against the regular premium.
(6) Where the insured person plants a crop which is not listed in
the Table, the premium deposit in respect of such acreage shall be
refunded.
(7) Where the insured person is unable to plant acreage desig-
nated on the application as intended to be sown to a spring sown
crop, the premium deposit in respect of such acreage shall be
retained by the Commission as payment for the coverage provided.
(8) This paragraph does not apply to, and no indemnity is pay-
able in respect of, land,
(a) that is orchard land, pasture, woodland, planted to a peren-
nial crop, fall sown or intended for summer fallow;
169
Reg./Règl. 254
CROP INSURANCE
Reg./Règl. 255
(b) that is untitled and was not cropped in the previous year; or
(c) that, in the opinion of the Commission, is not insurable.
(9) Where the planting is prevented by excessive rainfall, no
indemnity is payable unless the insured person establishes that,
(a) an abnormal amount of rain occurred;
(b) the rainfall resulted in a reduced number of work days; and
(c) a significant number of other insured persons were similarly
affected,
during the planting season in the area where the insured acreage is
situate.
3.— (1) Where loss or damage to three acres or more of the insured
crop resulting from an insured peril occurs prior to the 1st day of July
in the crop year, the Commission, upon application therefor in writ-
ing by the insured person, may consent in writing to the replanting of
the damaged acreage.
(2) Where the damaged acreage is replanted in accordance with
subparagraph (1), the Commission shall pay a supplementary benefit
to the insured person calculated at the rate of $30 for each replanted
acre.
(3) Where the damaged acreage is replanted to white beans, the
contract of insurance shall continue to apply to such replanted acre-
age.
(4) The total number of acres in respect of which a replanting
benefit is paid in a crop year shall not in any case exceed the total
number of insured acres.
4.— (1) Where loss or damage occurs prior to harvest, the Com-
mission, upon application therefor in writing by the insured person,
may consent in writing to the use of the damaged acreage for any
other purpose or to the abandonment or destruction of the insured
crop on such damaged acreage and, in such case, the Commission
shall determine the number of damaged acres and the potential pro-
duction thereof.
(2) Where damaged acreage is used for any other purpose or the
insured crop thereon is abandoned or destroyed in accordance with
subparagraph (1), the amount of loss that shall be taken into account
in the final adjustment of loss in respect of the total planted acreage
shall be calculated by multiplying the difference between guaranteed
production for the damaged acreage and the potential production for
the damaged acreage determined under subparagraph (1) by the
established price per hundredweight.
(3) Where damaged acreage is not used for any other purpose or
the crop thereon is not abandoned or destroyed after the Commis-
sion has consented thereto, the amount of loss calculated under sub-
paragraph (2) shall not be taken into account in the final adjustment
of loss.
(4) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total planted acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per hundredweight.
(5) Where the crop contains damaged or foreign material, the
actual production thereof shall be deemed to be reduced in an
amount to be determined by the Commission.
(6) Where, as the result of an insured peril causing discoloration,
the insured crop or any part thereof is sold at a reduced price, the
actual production thereof shall be deemed to be reduced in the ratio
that the price reduction bears to the highest established price under
the plan.
Final Adjustment of Loss for Total Insured Acreage
5. The indemnity payable with respect to the total insured acreage
in the final adjustment of loss shall be the sum of all loss calculations
made under paragraphs 2, 3 and 4 applicable to such acreage, but
where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable in respect of loss calculations made under para-
graph 4 shall be reduced by the amount obtained by multiplying such
excess by the established price per hundred-weight.
Incorrect Acreage in Final Acreage Report
6.— (1) Where the actual planted acreage of white beans in a crop
year is less than the planted acreage declared on the final acreage
report, the guaranteed production shall be decreased proportion-
ately in calculating whether there has been a loss and the actual pro-
duction shall be used in calculating the average production for pur-
poses of determining coverage for the following crop year and there
shall be no refund of premium.
(2) Where the actual planted acreage of white beans in a crop
year exceeds the planted acreage declared on the final acreage
report, the actual production shall be used in calculating whether
there has been a loss and,
(a) where the calculation indicates a loss, such actual produc-
tion shall be used; or
(b) where the calculation does not indicate a loss, such actual
production shall be reduced proportionately,
in calculating the average production for purposes of determining
coverage for the following crop year.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this endorsement to be signed by its general manager but
the same shall not be binding upon the Commission until counter-
signed by a duly authorized representative thereof.
Countersigned and dated at
this day of
,19.
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 228, Form 2; O. Reg. 305/81, s. 4; O. Reg.
93/82, s. 5; O. Reg. 48/83, ss. 4, 5; O. Reg. 301/85, s. 6; O. Reg.
324/87, ss. 5, 6; O. Reg. 189/88, s. 2; O. Reg. 295/89, s. 3.
REGULATION 255
CROP INSURANCE PLAN FOR WINTER WHEAT
1. The Plan in the Schedule is established for the insurance within
Ontario of winter wheat. R.R.O. 1980, Reg. 229, s. 1.
Schedule
Crop Insurance Act (Ontario)
PLAN
1. This plan may be cited as "The Ontario Crop Insurance Plan for
Winter Wheat".
170
Reg./Règl. 255
ASSURANCE-RÉCOLTE
Reg./Règl. 255
2. The purpose of this plan is to provide for insurance against a
loss in the production of winter wheat resulting from one or more of
the perils designated in section 4.
DEFINmONS
3. In this plan.
"average farm yield" means the average of previous yields of the
seeded acreage computed on the basis of acreage production
records of the insured person or on such other basis as the Com-
mission approves;
"bushel" means 60 pounds of winter wheat, the moisture content of
which does not exceed 14.5 per cent;
"winter wheat" means soft white winter wheat and hard red winter
wheat produced in Ontario.
Designation of Perils
4. The following are designated as perils for the purposes of this
plan:
1. Drought.
2. Excessive moisture.
3. Excessive rainfall.
4. Flood.
5. Frost.
6. Hail.
7. Insect infestation.
8. Plant disease.
9. Wildlife.
10. Wind.
11. Winterkill.
Designation of Crop Year
5. The crop year for winter wheat is the period from the 1st day of
September in any year to the 31st day of August in the year next fol-
lowing.
Contract of Insurance
6. For the purposes of this plan, the entire contract of insurance
for winter wheat shall be deemed to be comprised of,
(a) an endorsement for winter wheat in Form 1;
(b) an application for insurance;
(c) the final acreage report for each crop year;
(d) an amendment to any document referred to in clause (a),
(b) or (c) agreed upon in writing.
7. An application for insurance shall,
(a) be in a form provided by the Commission;
(b) be accompanied by the whole of the premium payable by
the insured person; and
(c) be filed with the Commission not later than the 31st day of
October in the crop year in respect of which it is made.
Duration of Contract
8.— (1) A contract of insurance shall be in force for the crop year
in respect of which it is made, and shall continue in force for each
crop year thereafter until it is cancelled by the insured person or the
Commission in the manner prescribed by subsection (2) or is termi-
nated in accordance with the regulations.
(2) A contract of insurance may be cancelled by the insured per-
son or the Commission by notice in writing to the other party on or
before the 31st day of October in the crop year during which the can-
cellation is to be effective.
Coverage
9.— (1) The initial coverage provided under a contract of insurance
shall be 75 per cent of the average farm yield in bushels of the total
acreage seeded to winter wheat by the insured person.
(2) Subject to subsection (4), the coverage provided under a con-
tract of insurance following a year in which there was no claim shall
be,
(a) where the previous year's coverage was 70 per cent, 73 per
cent;
(b) where the previous year's coverage was 73 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 78 per
cent;
(d) where the previous year's coverage was 78 per cent, 80 per
cent; and
(e) where the previous year's coverage was 80 per cent, 80 per
cent,
of the average farm yield in bushels of the total acreage seeded to
winter wheat by the insured person.
(3) Subject to subsection (4), the coverage provided under a con-
tract of insurance following a year in which there was a claim shall
be,
(a) where the previous year's coverage was 80 per cent, 78 per
cent;
(b) where the previous year's coverage was 78 per cent, 75 per
cent;
(c) where the previous year's coverage was 75 per cent, 73 per
cent;
(d) where the previous year's coverage was 73 per cent, 70 per
cent; and
(e) where the previous year's coverage was 70 per cent, 70 per
cent,
of the average farm yield in bushels of the total acreage seeded to
winter wheat by the insured person.
(4) Where, in any year, a claim is paid in an amount that is less
than one-half of the total premium for that year, the coverage for the
following year shall remain unchanged.
(5) Despite clause (3) (a), the coverage provided under a con-
tract of insurance following a year in which there was a claim shall be
80 per cent where,
(a) the insured person has had coverage and an actual farm
yield for at least five years; and
(b) the previous year's coverage was 80 per cent.
10. The maximum amount for which the Commission is liable for a
171
Reg./Règl. 255
CROP INSURANCE
Reg./Règl. 255
loss in production under a contract of insurance is the amount
obtained by multiplying the total guaranteed production determined
under section 9 by the established price per bushel prescribed by sec-
tion 11.
11.— (1) For the purposes of this plan, the grower may select an
established price per bushel for winter wheat of,
(a) $2.75;
(b) $3.25; or
(c) $3.75.
(2) Where,
(a) the insured person applies therefor in writing on or before
the 31st day of October in a crop year; and
(b) the Commission consents in writing,
any established price designated in subsection (1) may be substituted
for the established price selected by the insured person at the time a
contract of insurance is made or for any established price substituted
in lieu thereof under this subsection.
(3) Where, upon any renewal, the insured person fails to select
an established price pursuant to subsection (2), the Commission may
designate the established price applicable to the contract for the crop
year.
Premiums
12.— (1) The total premium is,
(a) $6.50 per acre where the established price is $2.75 per
bushel;
(b) $7.60 per acre where the established price is $3.25 per
bushel; or
(c) $8.80 per acre where the established price is $3.75 per
bushel.
(2) Despite subsection (1), the minimum premium payable by an
insured person in each crop year is $25.
(3) The premium prescribed by subsection (1) includes payments
in respect of premiums made by the Government of Canada under
the Crop Insurance Act (Canada).
(4) Despite subsections (1) and (2), the total premium is 80 per
cent of the total premium prescribed by subsection (1) or subsection
(2) if,
(a) the coverage is 80 per cent and the insured person has had
coverage for at least five years; and
(b) based on Commission records, total premiums paid by the
insured person since 1972 for winter wheat exceed indem-
nity paid to the insured person since 1972.
13.— (1) Where a contract of insurance is in force, a premium shall
be paid in respect of each crop year in which the insured person
seeds acreage to winter wheat.
(2) Where a premium is payable in respect of a crop year, the
insured person shall pay the premium to the Commission at the time
the insured person files the final acreage report prescribed by section
14.
Final Acreage Reports
14.— (1) Every insured person shall file with the Commission in
each crop year a final acreage report in a form provided by the Com-
mission within ten days after the seeding of the acreage to winter
wheat is completed.
(2) A final acreage report filed with the Commission shall not be
amended without the consent in writing of the Commission.
15.— (1) The Commission may revise the final acreage report in
any or all respects and, in such case, shall notify the insured person
in writing forthwith respecting such revision.
(2) The insured person shall be deemed to have agreed with the
revision of the final acreage report made by the Commission under
subsection (1) unless the insured person notifies the Commission in
writing that the insured person rejects the revision within ten days
after the Commission notification is served on the insured person.
(3) For the purposes of subsection (2), the Commission notifica-
tion may be served by personal delivery or by mailing it to the
insured person's last known address, in which case the notification
shall be deemed to be served three days after it is mailed.
(4) Where the Commission receives notice from an insured per-
son under subsection (2), it shall notify the insured person in writing
that the contract of insurance does not apply for the crop year in
respect of which the final acreage report was filed and shall refund
any premium paid in respect of that crop year.
(5) A final acreage report revised under this section shall, failing
notice under subsection (2), constitute the final acreage report for
the crop year.
16.— (1) Where an insured person in any crop year fails to file a
final acreage report in the form and manner prescribed by this Regu-
lation, the Commission may,
(a) prepare a final acreage report; or
(b) declare the insured acreage to be nil.
(2) Where the Commission prepares a final acreage report under
subsection (1), the Commission shall serve a copy of the report on
the insured person either by personal delivery or by mailing it to the
insured person's last known address.
(3) Every insured person shall pay the premium for the crop year
in respect of which a final acreage report is prepared by the Commis-
sion within ten days after the insured person has been served with a
copy of it.
(4) A mailed report is considered served three days after it is
mailed.
Final Date for Seeding
17. For the purposes of this plan, the final date for seeding winter
wheat in a crop year is the 31st day of October or such other date as
may be determined from time to time by the Commission.
Final Date for Harvesting
18. For the purposes of this plan, the final date for harvesting win-
ter wheat in a crop year is the 31st day of August or such other date
as may be determined from time to time by the Commission.
R.R.O. 1980, Reg. 229, Sched.; O. Reg. 99/82, ss. 1-5; O. Reg.
571/83, ss. 1-3; O. Reg. 635/84, ss. 1-3; O. Reg. 619/85, ss. 1-3;
O. Reg. 695/86, s. 1; O. Reg. 681/87, s. 1; O. Reg. 201/89, s. 1;
O. Reg. 462/90, s. 1.
Form 1
Crop Insurance Act (Ontario)
Between:
172
Reg./Règl. 255
ASSURANCE-RECOLTE
Reg./Règl. 255
The Crop Insurance Commission of Ontario, hereinafter
referred to as "THE COMMISSION",
OF THE FIRST PART
-and-
ofthe of
in the County (or as the case may be) of ,
hereinafter referred to as "THE INSURED PERSON",
OF THE SECOND PART
Whereas the insured person has applied for crop insurance for
winter wheat under The Ontario Crop Insurance Plan for Winter
Wheat, hereinafter referred to as "the plan" and has paid the deposit
premium prescribed thereunder;
Now Therefore, subject to the Crop Insurance Act (Ontario) and
the regulations made thereunder, where in a crop year the insured
person suffers a loss resulting from one or more of the perils desig-
nated in the plan, the Commission, subject to the terms and condi-
tions hereinafter set forth, agrees to indemnify the insured person in
respect of such loss.
TERMS AND CONDITIONS
Causes of Loss Not Insured Against
1. This contract does not insure against, and no indemnity shall be
paid in respect of a loss resulting from,
(a) the negligence, misconduct or poor fanning practices of the
insured person or the insured person's agents or employees;
(b) a shortage of labour or machinery; or
(c) a peril other than the perils designated in the plan.
Extent of Insurance
2.— (1) The insured person shall offer for insurance all acreage
planted to the insured crop on the farm or farms operated by the
insured person in Ontario and, subject to subparagraph (2), this con-
tract applies to all such acreage.
(2) This contract does not apply to, and no indemnity is payable
in respect of, acreage planted to the insured crop,
(a) that was not adequately prepared for cropping purposes; or
(b) that, in the opinion of the Commission, is not insurable.
Harvesting of Seeded Acreage
3.— (1) All acreage seeded to winter wheat in a crop year shall be
harvested unless the Commission, upon application therefor in writ-
ing, consents in writing to,
(a) the use of the seeded acreage or any part thereof for
another purpose; or
(b) the abandonment or destruction of the insured crop or any
part thereof.
(2) The harvesting referred to in subparagraph (1) shall be com-
pleted not later than the 31st day of August or such other date as
may be determined from time to time by the Commission.
Evaluation of Loss
4. For the purposes of determining the loss in production of winter
wheat in a crop year and the indemnity payable therefor, the value of
the crop shall progress through the stages prescribed in paragraphs 5
and 6.
Stage 1
5.— (1) Stage 1 comprises the period from the date on which the
seeding of acreage to winter wheat is completed to and including the
1st day of July in the crop year.
(2) Where loss or damage occurs in Stage 1, the Commission,
upon application in writing by the insured person, may consent in
writing to the seeding of the damaged acreage to another crop.
(3) Where the damaged acreage is three acres or more and the
Commission consents to the seeding of the damaged acreage to
another crop, the contract of insurance shall cease to apply to the
reseeded acreage, the total guaranteed production shall be reduced
accordingly and the Commission shall pay to the insured person for
each acre reseeded a reseeding benefit of,
(a) $30 per acre where the established price is $3 per bushel;
(b) $35 per acre where the established price is $3.50 per bushel;
or
(c) $40 per acre where the established price is $4 per bushel.
(4) Where the insured person elects to harvest the insured crop
on the damaged acreage and the damaged acreage is not reseeded,
(a) the Commission shall determine the number of damaged
acres and the potential production thereof;
(b) the amount of loss that shall be taken into account in the
final adjustment of loss in respect of the total seeded acre-
age shall be calculated by multiplying the established price
per bushel by the lesser of,
(i) 50 per cent of the guaranteed production for the
damaged acreage, or
(ii) the difference between the guaranteed production
and the potential production determined by the
Commission; and
(c) the value of the crop shall proceed into Stage 2.
(5) Despite any application made in writing by the insured per-
son, the Commission may, where loss or damage occurs in Stage 1,
notify the insured person in writing that it intends to terminate the
insurance coverage on the damaged acreage and to calculate the
amount of loss in the manner prescribed in clause (4) (b) with
respect to the damaged acreage and, where notice of such intention
has been given, the Commission shall calculate accordingly the
amount of loss to be taken into account in the final adjustment of
loss and the value of the insured crop on such damaged acreage shall
not progress beyond Stage 1.
Stage 2
6.— (1) Stage 2 commences on the 2nd day of July in the crop year
and, with respect to any part of the seeded acreage, ends with the
completion of harvesting of such part.
(2) Where loss or damage occurs in Stage 2, the Commission,
upon application therefor in writing by the insured person, may con-
sent in writing to the abandonment or destruction of the insured crop
on such damaged acreage and, in such case, the Commission shall
determine the number of damaged acres and the potential produc-
tion thereof.
(3) Where the insured crop is abandoned or destroyed in accor-
dance with subparagraph (2), the amount of loss that shall be taken
into account in the final adjustment of loss in respect of the total
seeded acreage shall be calculated by multiplying the difference
between.
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CROP INSURANCE
Reg./Règl. 255
(a) the guaranteed production for the damaged acreage; and
■ (b) the potential production determined under subparagraph
(2) for the damaged acreage,
by the established price per bushel.
(4) Where the crop is not abandoned or destroyed after the Com-
mission has consented thereto, the amount of loss calculated under
subparagraph (3) shall not be taken into account in the final adjust-
ment of loss.
(5) Where the actual production of the harvested acreage is less
than the guaranteed production for such acreage, the amount of loss
that shall be taken into account in the final adjustment of loss in
respect of the total seeded acreage shall be calculated by multiplying
the difference between the guaranteed production and the actual
production by the established price per bushel.
Quality Coverage
7. Where the insured crop is reduced below Grade 2 due to an
insured peril, the actual production shall be deemed to be,
(a) for Grade 3, 90 per cent of the yield harvested;
(b) for Feed, 85 per cent of the yield harvested.
Final Adjustment of Loss for Total Seeded Acreage
8. The indemnity payable with respect to the total seeded acreage
in the final adjustment of loss shall be the sum of all Stage 1 and
Stage 2 loss calculations applicable to such acreage, but where,
(a) the actual production of any harvested acreage; or
(b) the potential production of any unharvested acreage,
exceeds the guaranteed production of such acreage, the indemnity
otherwise payable for a loss in production shall be reduced by the
amount obtained by multiplying such excess by the established price
per bushel.
Incorrect Acreage in Final Acreage Report
9.— (1) Where the actual seeded acreage of winter wheat in a crop
year is less than the seeded acreage declared on the final acreage
report, the guaranteed production and the amount of insurance shall
be reduced in the proportion that the actual acreage bears to the
declared acreage.
(2) Where the actual seeded acreage of winter wheat in a crop
year exceeds the seeded acreage declared on the final acreage report,
the production from the total seeded acreage shall be counted and
there shall be no increase in the total guaranteed production or the
maximum amount of indemnity payable.
Misrepresentation, Violation of Conditions or Fraud
10. Where, in respect of an insured crop, the insured person,
(a) in an application for insurance or a final acreage report,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
■ r
(b) contravenes a term or condition of the contract of insur-
ance;
'(c) commits a fraud; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance, a claim by the insured person is
invalid and the insured person's right to recover indemnity
is forfeited.
Waiver or Alteration
11. No term or condition of this contract shall be deemed to be
waived or altered in whole or in part by the Commission unless the
waiver or alteration is clearly expressed in writing signed by the
Commission or a representative authorized for that purpose by the
Commission.
Interest of Other Persons
12. Even if a person other than the insured person holds an inter-
est of any kind in an insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the total guaranteed produc-
tion; and
(b) except as provided in paragraph 13, no indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
13. The insured person may assign all or part of the insured per-
son's right to indemnity under this contract in a crop year in respect
of an insured crop but an assignment is not binding on the Commis-
sion and no payment of indemnity shall be made to an assignee
unless,
(a) the assignment is made on a form provided by the Commis-
sion; and
(b) the Commission consents thereto in writing.
Notice of Loss or Damage
14.— (1) Where loss or damage to an insured crop occurs and the
insured person intends to abandon or destroy the insured crop, or to
reseed or use the seeded acreage for another purpose, the insured
person shall notify the Commission in writing of such intention and
shall take no further action without the consent in writing of the
Commission.
(2) Where loss or damage to an insured crop occurs and the dam-
age was occasioned at a readily ascertainable time, the insured per-
son shall notify the Commission in writing within five days of such
time.
(3) Where loss or damage to an insured crop occurs and it
appears, or ought reasonably to appear, to the insured person at any
time after seeding and before the completion of harvesting of the
insured crop that the potential production of the Insured crop will be
less than the total guaranteed production, the insured person shall,
as soon as the loss or damage is apparent, notify the Commission in
writing forthwith.
(4) Despite any notice given by the insured person under this
paragraph, where on completion of harvesting of an insured crop,
the actual production is less than the total guaranteed production,
the insured person shall notify the Commission in writing within five
days of completion of harvesting.
Abandonment, Destruction or Alternate Use
15.— (1) No acreage seeded to an insured crop shall be put to
another use and no insured crop shall be abandoned or destroyed
until the Commission has appraised the potential production of the
acreage.
(2) An appraisal made under subparagraph (1) shall not be taken
into account in the final adjustment of loss where the insured person
harvests the appraised acreage.
174
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Reg./Règl. 256
Adjustment of Loss
Right of Entry
16.— (1) The indemnity payable for loss or damage to an insured
crop shall be determined in the manner prescribed herein.
(2) The Coitunission may cause the production of an insured crop
to be appraised by any method that it deems proper.
(3) The loss in respect of an insured crop and the amount of
indemnity payable therefor shall be determined separately for each
insured crop.
(4) No indemnity shall be paid for a loss in respect of an insured
crop unless the insured person establishes,
(a) the actual production obtained from the insured crop for
the crop year; and
(b) that the loss in production in the crop year resulted directly
from one or more of the perils insured against.
Proof of Loss
17.— (1) A claim for indemnity in respect of an insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after,
(a) the completion of harvesting of the insured crop; or
(b) the end of the crop year in which the loss occurred, which-
ever is the earlier.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 13.
Arbitration
18. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
19.— (1) Except as otherwise provided, no indemnity under this
contract becomes due and payable until the end of the crop year in
which the loss or damage was sustained.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
20. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
21. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Death or Assignment Under the Bankruptcy Act
22. This contract terminates at the end of the crop year in which
the death of the insured person occurs or an authorized assignment is
made by the insured person under the Bankruptcy Act (Canada).
Notice
23.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be served by per-
sonal delivery or by mailing it to the insured person's last known
address on file with the Commission.
(3) Where a written notice is mailed, it shall be deemed to be
served three days after it is mailed.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at
this day of
,19..
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 229, Form 1; O. Reg. 99/82, s. 6; O. Reg.
571/83, s. 4; O. Reg. 635/84, s. 4; O. Reg. 695/86, s. 2; O. Reg.
681/87, s. 2; O. Reg. 201/89, s. 2; O. Reg. 462/90, s. 2.
REGULATION 256
CROP INSURANCE PLANS-GENERAL
Definitions
1. In this Regulation,
"owner-operator" means a person who owns and operates a farm; ''
"tenant-operator" means a person who leases and operates a farm
that the person does not own. R.R.O. 1980, Reg. 231, s. 1.
Designation of Insurable Persons
2. Where a plan is established in respect of an insurable crop, any
owner-operator or tenant-operator of a farm in Ontario who
produces the insurable crop on such farm is designated as an insur-
able person for the purpose of the plan. R.R.O. 1980, Reg. 231,
s. 2.
Contracts of Insurance
3.— (1) Unless otherwise provided in any plan, a contract of insur-
ance shall be in Form 1 .
(2) A contract of insurance in Form 1 shall be issued to an
insured person when the person makes an initial contract of insur-
ance with the Commission. R.R.O. 1980, Reg. 231, s. 3.
4. Unless otherwise provided in any plan, the minimum premium
175
Reg./Règl. 256
CROP INSURANCE
Reg./Règl. 256
and deposit payable by an insured person in each crop year is $25.
O. Reg. 330/87, s. 1.
5. The Commission shall not make a contract of insurance under
a plan without an application therefor in the form and manner pre-
scribed by the plan. R.R.O. 1980, Reg. 231, s. 4.
6.— (1) The Commission may refuse to make a contract of insur-
ance with an applicant for crop insurance,
(a) where, in the opinion of the Commission, the applicant has
a substantial interest in more than one crop of the same des-
ignation; or
(b) for any other reason that the Commission considers proper.
(2) Where the Commission refuses to make a contract of insur-
ance, it shall refund to the applicant the premium deposit, if any,
that accompanied the application. R.R.O. 1980, Reg. 231, s. 5.
13. The established price for the crop insured shall be the same
for the total acreage. O. Reg. 43/83, s. 2,part.
14.— (1) Where acreage designated on the application as intended
to be sown to a spring sown crop remains unseeded or unplanted due
to an insured peril, a benefit shall be paid to the insured person in
accordance with the regulations and the Table contained in the rele-
vant field crop plan and the premium deposit paid by the sharecrop-
per shall be refunded. O. Reg. 228/88, s. 1 (1).
(2) The benefit prescribed by subsection (1) does not apply to
acreage sown to winter wheat. O. Reg. 43/83, s. 2, part; O. Reg.
228/88, s. 1 (2).
15.— (1) Where the insured acreage is reseeded or replanted to
the same or to a different insurable crop in accordance with the rele-
vant crop plan, the reseeding or replanting benefit shall be paid to
the sharecropper only and the entire premium shall be retained by
the Commission.
7. Where crops of the same designation are insured under sepa-
rate contracts or otherwise distinguished and the Commission is of
the opinion that,
(a) one person or group of persons has a substantial interest in
such crops; or
(b) the harvested yields of the crops have been intermingled,
the Commission may deny liability on any or all of the contracts, or it
may combine the yields and treat the contracts as one. R.R.O.
1980, Reg. 231, s. 6.
8. Where an insurable person has applied for insurance coverage
on one or more crops and fails to pay the full premium owing in
respect of each application at the time prescribed in the plan, the
Commission may cancel the coverage on any or all of the crop plans
applied for and, in such case, no part of the premium deposits paid
shall be refunded. O. Reg. 43/83, s. 1.
Insurable Acreage
(2) Where the insured acreage is reseeded or replanted to a dif-
ferent crop, not insurable by the Commission, the reseeding or
replanting benefit shall be paid to the sharecropper only, the insur-
ance shall terminate and the land owner's share of the premium shall
be refunded. O. Reg. 43/83, s. 2,part; O. Reg. 228/88, s. 2.
Form 1
Crop Insurance Act (Ontario)
CONTRACT OF INSURANCE
Between:
The Crop Insurance Commission of Ontario, hereinafter
referred to as "THE COMMISSION",
OF THE HRST PART
— and—
9. Unless otherwise provided in any plan, no acreage from which
a crop has been harvested during the current crop year shall be eligi-
ble for insurance coverage. R.R.O. 1980, Reg. 231, s. 8.
Sharecropping Agreements
10. The Commission will accept applications for insurance for
otherwise insurable field crops being sharecropped under an agree-
ment providing for division of profits or crop in the following propor-
tions:
of the of
land owner
sharecropper
50%
40%
33%
50%
60%
67%
O. Reg. 43/83, s. 2, part.
11.— (1) For the purpose of determining coverage, each party to
the agreement shall retain his, her or its own average farm yield or
percentage of coverage attained through insurance experience.
(2) In the case of a new applicant, the coverage shall be deter-
mined by the Commission. O. Reg. 43/83, s. Impart.
12. Premiums shall be paid by each party to the agreement in the
same proportion as the parties share under the agreement but each
party, at the time of application or renewal, as the case may be, shall
pay a deposit of $1 per acre in respect of the total number of insured
acres. O. Reg. 43/83, s. 2, part.
in the County (or as the case may be) of ,
hereinafter referred to as "THE INSURED PERSON",
of THE SECOND PART
Whereas the insured person has applied for a contract of insur-
ance under the Crop Insurance Act (Ontario) and the regulations and
has paid a deposit premium in respect thereof;
Now Therefore, subject to,
(a) \.ht Crop Insurance Act (Ontario);
(b) the regulations made thereunder; and
(c) the endorsement respecting an insured crop,
where in a crop year the insured person suffers a loss in the produc-
tion of an insured crop from one or more of the perils designated in
the plan for such crop the Commission, subject to the terms and con-
ditions hereinafter set forth, agrees to indemnify the insured person
in respect of such loss.
TERMS AND CONDITIONS
Insured Crop
1. In this contract an insured crop means an insurable crop in
respect of which.
176
Reg./Règl. 256
ASSURANCE-RECOLTE
Reg./Règl. 256
(a) a plan has been established; and
(b) an endorsement under such plan is in force.
Extent of Insurance
2.— (1) The insured person shall offer for insurance all acreage
seeded or planted in each crop year to an insured crop on the farm or
farms operated by the insured person in Ontario, and, subject to sub-
paragraph (2), this contract applies to all such acreage.
(2) This contract does not apply to acreage,
(a) seeded or planted to an insured crop that,
(i) was not adequately prepared for cropping purposes,
(ii) was seeded or planted after the final date prescribed
for seeding or planting in the plan, or
(iii) in the opinion of the Conunission, is not insurable;
or
(b) on which an insured crop is a volunteer crop.
Causes of Loss Not Insured Against
3. This contract does not insure against, and no indemnity shall be
paid in respect of, a loss in production of an insured crop resulting
from,
(a) the negligence, misconduct or poor farming practices of the
insured person or the insured person's agents or employees;
or
(b) a peril other than the perils designated in the plan for the
insured crop.
Misrepresentation, Violation of Conditions or Fraud
4.— (1) Where, in respect of an insured crop, the insured person,
(a) in an application for insurance or a final acreage report,
(i) gives false particulars of the insured crop to the prej-
udice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact
required to be stated therein;
(b) contravenes a term or condition of the contract of insur-
ance;
(c) commits a fraud; or
(d) wilfully makes a false statement in respect of a claim under
the contract of insurance,
a claim by the insured person is invalid and the insured person's right
to recover indemnity is forfeited.
(2) Where an insured person,
(a) has coverage in respect of two or more crops; and
(b) forfeits the right to recover indemnity for one or more of
those crops as provided in subparagraph (1),
the Commission may cancel coverage obtained by the insured person
in respect of any other crop.
(3) Where the Commission cancels coverage of a crop under sub-
paragraph (2), the right of the insured to recover indemnity in
respect of that crop is forfeited.
Waiver or Alteration
5. No term or condition of this contract or of an endorsement shall
be deemed to be waived or altered in whole or in part by the Com-
mission unless the waiver or alteration is clearly expressed in writing
signed by the Commission or a representative authorized for that
purpose by the Commission.
Interest of Other Persons
6. Even if a person other than the insured person holds an interest
of any kind in an insured crop, for the purposes of this contract,
(a) the interest of the insured person in the insured crop is
deemed to be the full value of the total guaranteed produc-
tion; and
(b) except as provided in paragraph 7, no indemnity shall be
paid to any person other than the insured person.
Assignment of Right to Indemnity
7. The insured person may assign all or part of the insured person's
right to indemnity under this contract in a crop year in respect of an
insured crop but an assignment is not binding on the Commission
and no payment of indemnity shall be made to an assignee unless the
Commission consents thereto in writing.
Notice of Loss or Damage
8.— (1) Where loss or damage to an insured crop occurs and the
insured person Intends to abandon or destroy the insured crop, or to
reseed or replant or use the seeded or planted acreage for another
purpose, the insured person shall notify the Commission In writing of
such intention and shall take no further action without the consent in
writing of the Commission.
(2) Where loss or damage to an Insured crop occurs and the dam-
age was occasioned at a readily ascertainable time, the insured per-
son shall notify the Commission in writing within five days of such
time.
(3) Where loss or damage to the insured crop occurs and it
appears, or ought reasonably to appear, to the Insured person at any
time after planting and before the completion of harvesting of the
Insured crop that the production of the insured crop may thereby be
reduced, the Insured person shall, as soon as the loss or damage Is
apparent, notify the Commission in writing forthwith.
(4) Despite any notice given by the insured person under this
paragraph, where on completion of harvesting of an Insured crop the
actual production Is less than the total guaranteed production, the
Insured person shall notify the Commission In writing within five
days of completion of harvesting.
Abandonment, De.struction or Alternate Use
9.— (1) No acreage seeded or planted to an Insured crop shall be
put to another use and no insured crop shall be abandoned or
destroyed until the Commission has appraised the potential produc-
tion of the acreage.
(2) An appraisal made under subparagraph (1) shall not be taken
Into account In the final adjustment of loss where the Insured person
harvests the appraised acreage.
Adjustment of Loss
10.— (1) The Indemnity payable for loss or damage to an insured
crop shall be determined In the manner prescribed by the endorse-
ment for the insured crop.
(2) The Commission may cause the production of an insured crop
to be appraised by any method that It considers proper.
177
Reg./Règl. 256
CROP INSURANCE
Reg./Règl. 257
(3) The loss in respect of an insured crop and the amount of
indemnity payable therefor shall be determined separately for each
insured crop.
(4) No indemnity shall be paid for a loss in respect of an insured
crop unless the insured person,
(a) establishes the actual production obtained from the insured
crop for the crop year;
(b) establishes that the loss in production in the crop year
resulted directly from one or more of the perils insured
against; and
(c) provides the Commission with such books, records, docu-
ments or things as it may require to substantiate the loss in
production.
Prcxjf of Loss
11. — (1) A claim for indemnity in respect of an insured crop shall
be made on a proof of loss form provided by the Commission and
shall be filed with the Commission not later than sixty days after the
earlier of,
(a) the completion of harvesting of the insured crop; and
(b) the end of the crop year in which the loss occurred.
(2) Subject to subparagraph (3), a claim for indemnity shall be
made by the insured person.
(3) A claim for indemnity may be made,
(a) in the case of the absence or inability of the insured person,
by the insured person's authorized representative; or
(b) in the case of the absence or inability of the insured person
or on the insured person's failure or refusal to do so, by an
assignee under an assignment made in accordance with
paragraph 7.
Arbitration
12. Where the Commission and the insured person fail to resolve
any dispute respecting the adjustment of a loss under this contract,
the matter shall be determined by arbitration in accordance with the
regulations.
Time for Payment of Indemnity
13.— (1) Except as otherwise provided in the endorsement for an
insured crop, no indemnity under this contract becomes due and pay-
able until the end of the crop year in which the loss or damage was
sustained.
(2) Where the indemnity payable by the Commission under this
contract is established by the filing of a proof of loss form or by an
award of an arbitrator or board of arbitration, it shall be paid within
sixty days of the receipt by the Commission of the proof of loss form
or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from pay-
ing indemnity under this contract at an earlier date.
Subrogation
14. Where the Commission has paid a claim under this contract,
the Commission is subrogated to the extent thereof to all rights of
recovery of the insured person against any person and may bring
action in the name of the insured person to enforce those rights.
Right of Entry
15. The Commission has a right of entry to the premises of the
insured person that may be exercised by agents of the Commission at
any reasonable time or times for any purpose related to the contract
of insurance.
Death or Assignment Under the Bankruptcy Act
16. This contract terminates in respect of each insured crop at the
end of the crop year in which the death of the insured person occurs
or an authorized assignment is made by the insured person under the
Bankruptcy Act (Canada).
Notice
17.— (1) Any written notice to the Commission shall be given by
delivery thereof or by sending it by mail to the Commission.
(2) Written notice to the insured person shall be given by delivery
thereof or by sending it by mail addressed to the insured person at
the person's last post office address on file with the Coimnission.
In Witness Whereof The Crop Insurance Commission of Ontario
has caused this contract of insurance to be signed by its general man-
ager but the same shall not be binding upon the Commission until
countersigned by a duly authorized representative thereof.
Countersigned and dated at
this day of ,
.,19.
Duly Authorized
Representative
General Manager
R.R.O. 1980, Reg. 231, Form 1; O. Reg. 43/83, s. 3; O. Reg.
363/84, s. 1; O. Reg. 290/85, s. 2; O. Reg. 228/88, s. 3.
REGULATION 257
DESIGNATION OF INSURABLE CROPS
1. The following agricultural crops are designated as insurable
crops:
Apples.
Asparagus.
Barley.
Broccoli.
Cabbage.
Canola.
Carrots.
Cauliflower.
Celery.
Coloured beans.
Corn.
Cucumbers.
Forage.
Grapes.
Green and wax beans.
178
Reg./Règl. 257
ASSURANCE-RECOLTE
Reg./Règl. 257
Greenhouse Vegetables.
Honey.
Lettuce.
Lima beans.
Oats.
Onions grown from seed.
Onions grown from sets.
Parsnips.
Peaches.
Peanuts.
Pears.
PCM.
Peppers.
Plums.
Popping com.
Potatoes.
Pumpkins and squash.
Red beets.
Red Spring Wheat.
Rutabagas.
Seed com.
Sour cherries.
Soybeans.
Spanish onions.
Spring grain.
Spring wheat.
Strawberries.
Sunflowers.
Sweet cherries.
Sweet com.
Tobacco.
Tomatoes.
White beans.
Winter barley.
Winter wheat. O. Reg. 297/85, s. 1; O. Reg. 296/87, s. 1;
O. Reg. 433/88, s. 1; O. Reg. 16/90, s. 1.
179
Reg./Règl. 258
Reg./Règl. 258
Crown Employees Collective Bargaining Act
Loi sur la négociation collective des employés de la Couronne
REGULATION 258
GENERAL
1.— (1) For the purpose of subsection 1 (2) of the Act, the
employer may be represented,
(a) in the case of the Liquor Control Board of Ontario or the
Liquor Licence Board of Ontario, by the Liquor Control
Board of Ontario and the Liquor Licence Board of Ontario;
(b) in the case of the Workers' Compensation Board, by the
Workers' Compensation Board;
(c) in the case of The Niagara Parks Commission, by The Niag-
ara Parks Commission;
(d) in the case of the Ontario Housing Corporation in respect
of the employees employed in the work of the Ontario
Housing Corporation within the classifications in the bar-
gaining unit designated in section 10, by the Ontario Hous-
ing Corporation;
(e) in the case of the Ontario Teachers' Pension Plan Board,
the Ontario Teachers' Pension Plan Board; and
(f) in the case of the Metropolitan Toronto Convention Centre
Corporation, the Metropolitan Toronto Convention Centre
Corporation. R.R.O. 1980, Reg. 232, s. 1; O. Reg. 41/87,
s. 1;0. Reg. 351/89, s. 1.
(2) For the purpose of subsection 1 (2) of the Act, the employer
may be represented in respect of their respective ambulance service
employees by the following:
1. B. & D. Powell Management Ltd., carrying on business as
Arnprior & Kanata Ambulance Services.
2. Alan R. Barker Ambulance Service.
3. Beaverton & District Ambulance Service Ltd.
4. Brant County Ambulance Service Limited.
5. City Ambulance Service of Quinte Limited.
6. Lakeshore Emergency Service Inc., carrying on business as
Lakeshore Ambulance Service.
7. Danver Ambulance Service Inc., carrying on business as
Flamborough District Ambulance.
8. The District of Halton & Mississauga Ambulance Service
Ltd.
9. 501781 Ontario Limited, carrying on business as Fleetwood
Ambulance.
10. 548652 Ontario Limited, carrying on business as Ganano-
que Provincial Ambulance Service.
11. Lambton, Middlesex Ambulance Service Limited.
12. Lee Ambulance Service Limited.
13. McKechnie Ambulance Service Inc.
14. Owen Sound Emergency Services Inc.
15. 677700 Ontario Inc., carrying on business as Port Col-
bourne and District Ambulance Service.
16. 760472 Ontario Inc., carrying on business as Rock-
land/Orleans Ambulance Service.
17. Royal City Ambulance Service Ltd.
18. Superior Ambulance (1986) Limited.
19. Thames Valley Ambulance Limited.
20. 790711 Ontario Limited, carrying on business as Uxbridge
Stouffville Ambulance Service.
21. Woodstock Ambulance Limited. O. Reg. 181/90, s. 1.
2. The particulars required by clauses 47 (1) (a) to (f) of the Act
and the certification required by the said subsection (1) shall be in
Form 1. R.R.O. 1980, Reg. 232, s. 2.
3. The statement of income and expenditure required by sub-
clause 47 (1) (f) (ii) of the Act shall be in Form 2. R.R.O. 1980,
Reg. 232, s. 3.
4. The affidavit required by subsection 47 (2) of the Act shall be
in Form 3. R.R.O. 1980, Reg. 232, s. 4.
5.— (1) A statement of income and expenditure in Form 2 shall
contain a statement of the net dues and assessments of the employee
organization.
(2) A statement of the net dues and assessments of an employee
organization,
(a) shall include amounts of money received or receivable from
members of the employee organization on account of initia-
tion fees, per capita dues, assessments or fines; and
(b) shall not include an amount received or receivable from a
member of the employee organization for transmission as
the contribution of the member to a pension or welfare plan
that is not administered by the employee organization.
(3) In this section, "members of the employee organization"
includes a person who pays dues to the employee organization or
amounts of money In lieu of such dues whether or not such person is
a member of the employee organization or of any local or branch
thereof. R.R.O. 1980, Reg. 232, s. 5 .
6.— (I) The persons who are employed in the work of the Liquor
Control Board of Ontario or of the Liquor Licence Board of Ontario
in the classifications in Schedule 1, other than those persons who are
employed on a seasonal, casual or part-time basis, are designated as
a unit of employees that is an appropriate bargaining unit for collec-
tive bargaining purposes under the Act.
(2) The Ontario Liquor Boards Employees' Union is designated
as the employee organization that shall have representation rights in
relation to the bargaining unit referred to in subsection (1).
R.R.O. 1980, Reg. 232, s. 7.
7.— (1) All persons who are employed in the work of The Niagara
Parks Commission other than.
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(a) foremen;
(b) supervisors;
(c) persons above the rank of foreman or supervisor;
(d) persons performing duties involving the use or knowledge
of confidential information relating to employee relations
or budgets;
(e) persons employed in the work of The Niagara Parks Com-
mission Police Department;
(f) persons whose working hours do not normally exceed
twenty-four hours per week; and
(g) persons who are employed on a seasonal basis,
are designated as a unit of employees that is an appropriate bargain-
ing unit for collective bargaining purposes under the Act.
(2) The Ontario Public Service Employees' Union is designated
as the employee organization that shall have representation rights in
relation to the bargaining unit referred to in subsection (1).
R.R.O. 1980, Reg. 232, s. 8.
8. All persons employed in the work of The Niagara Parks Com-
mission in The Niagara Parks Commission Police Department, other
than staff sergeants, sergeants and persons who are employed on a
seasonal basis, are designated as a unit of employees that is an appro-
priate bargaining unit for collective bargaining purposes, and The
Ontario Public Service Employees' Union is designated as the
employee organization that shall have representation rights in rela-
tion to such bargaining unit. R.R.O. 1980, Reg. 232, s. 9.
9. All persons employed in the work of Ontario Housing Corpo-
ration within The Municipality of Metropolitan Toronto other than,
(a) foremen;
(b) office staff;
(c) persons appointed under the Public Service Act; and
(d) persons in the temporary service class who are not members
of Local 767 of the Canadian Union of Public Employees by
reason of their membership in another organization,
are designated as a unit of employees that is an appropriate bargain-
ing unit for collective bargaining purposes, and Local 767 of the
Canadian Union of Public Employees is designated as the employee
organization that shall have representation rights in relation to such
bargaining unit. R.R.O. 1980, Reg. 232, s. 10.
10. All public servants other than,
(a) the persons who are not employees, the definition of which
is set out within subsection 1 (l)of the Act; and
(b) the persons in the classifications or positions set out in col-
umn 2 of Schedule 2,
are designated as a unit of employees that is an appropriate bargain-
ing unit for collective bargaining purposes under the Act, and The
Ontario Public Service Employees' Union is designated as the
employee organization that shall have representation rights in rela-
tion to such bargaining unit. R.R.O. 1980, Reg. 232, s. 11.
11. Forms 4 to 40 are prescribed for use as provided in the rules
made by the Tribunal under subsection 43 (1) of the Act. R.R.O.
1980, Reg. 232, s. 12.
12. A copy of a decision of the Grievance Settlement Board for
filing in the Ontario Court (General Division) under subsection
19 (6) of the Act shall be in Form 41. R.R.O. 1980, Reg. 232,
s. 13, revised.
13. A statement of the suspension of the autonomy of an
employee organization under section 46 of the Act shall be in Form
42. R.R.O. 1980, Reg. 232, s. 14.
14. An affidavit of service of a summons to a witness shall be in
Form 43. R.R.O. 1980, Reg. 232, s. 15.
Schedule 1
Clerk Grade 1
Clerk Grade 2
Clerk Grade 3
Clerk Grade 4
Clerk Grade 5
Comptometer Operator
Drafter
Electric Computer Operator 1
Electric Computer Operator 2
Junior Management Services Officer
Key Punch Operator 1
Key Punch Operator 2
Key Punch Operator 3
Laboratory Technician 1
Laboratory Technician 2
Laboratory Technician 3
Licence Inspector I
Licence Inspector 2
Liquor Store Clerk 2
Liquor Store Clerk 3
Liquor Store Clerk 4
Liquor Store Manager 1
Liquor Store Manager 2
Liquor Store Manager 3
Senior Wine Consultant
Stationary Engineer
Stenographer Grade 1
Stenographer Grade 2
Stenographer Grade 3
Typist Grade 1
Typist Grade 2
Typist Grade 3
Warehouse Foreman 1
Warehouse Foreman 2
Warehouser 2
Warehouser 3
Warehouser 4
Wine Consultant
Wine Consultant Trainee
R.R.O. 1980, Reg. 232, Sched. 1.
182
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Schedule 2
Column 1
Column 2
Social Services
Apprenticeship Counsellor 2
Training
Apprenticeship Counsellor 3
Community Development Supervisor
Development Officer 3, Industrial Training
Director of Citizenship
Director, Human Rights Commission
Director of Industrial Training
Director, Women's Bureau
Director, Youth and Recreation Branch
Human Rights Commission Supervisor I
Human Rights Commission Supervisor 2
Standards Officer 3, Industrial Training
Executive Director, Community Services Division
Library
Librarian 4
Librarian 5
Historical
Archivist 4
Archivist of Ontario
Historical Research Officer 3
Social Work
Assistant Director of Probation Services
Chair, Parole Board
Chaplain 3
Child Care Worker 4
Child Care Worker 5
Child Care Worker 6
Child Welfare Supervisor 2
Counsellor 4 (Residential Life)
Counsellors (Residential Life)
Director of Chaplain Services, Ministry of Correctional Services
Director, Child Welfare Branch
Director, Day Nurseries Branch
Director, Field Services, Ministry of Community and Social Services
Director of Probation Services
Director of Rehabilitation Services
Director, Ministry of Community and Social Services
Director of Training and Staff Development, Ministry of Community
and Social
Services
Field Worker 3, Homes for Special Care
Hospital Activity Services Director 1
Hospital Activity Services Director 2
Hospital Activity Services Director 3
Instructor 4 (Occupational)
Member, Parole Board
Observation & Detention Home Supervisor I
Observation & Detention Home Supervisor 2
Observation & Detention Home Supervisor 3
Probation Officer 4
Probation Staff Development Officer
Regional Welfare Administrator 1
Regional Welfare Administrator 2
Regional Welfare Administrator 3
Regional Welfare Administrator 4
Rehabilitation Adviser, Ministry of Health
Rehabilitation Officer 3, Ministry of Correctional Services
Rehabilitation Officer 4, Ministry of Correctional Services
Rehabilitation Officer 5 (a). Ministry of Correctional Services
Rehabilitation Officer 5 (b). Ministry of Correctional Services
Rehabilitation Officer 6, Ministry of Correctional Services
Rehabilitation Officer 3, Ministry of Health
Staff Training Officer, Ministry of Community and Social Services
Social Work Supervisor 1
Social Work Supervisor 2
Social Work Supervisor 3
Social Work Supervisor 4
Unit Program Director
Vice-Chair, Parole Board
Welfare Field Supervisor
Welfare Institutions Supervisor
Psychological
Adviser in Psychology
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Reg./RègL 258
Column 1
Column 2
Adviser, Speech Pathology
Audiological Supervisor
Director of Psychology, Ministry of Correctional Services
Director of Research, Ministry of Correctional Services
Psychologist 2
Psychologist 3
Nursing
Adviser in Nursing
Nurse 4, General
Nurse 5, General
Nurse 6, General
Nurse 7, General
Nurse 3, Nursing Education
Nurse 4, Nursing Education
Nurse 5, Nursing Education
Nurse 4, Public Health
Occupational and Physical
Adviser, Occupational and Physical Therapy
Therapy
Occupational Therapist 4
Occupational Therapist 5
Planning and Development
Community Planner 5
Community Planner 6
Deputy Managing Director, Ontario Development Corporation
Director, Indian Community Development Services Branch
Industrial Development Officer 4
Industrial Development Officer 5
Industrial Development Officer 6
Technical Consultant Supervisor
Operational Services
Steam Plant Chief 1
Heating and Power
Steam Plant Chief 2
Steam Plant Chief 3
Steam Plant Chief 4
Steam Plant Chief 5
Steam Plant Chief 6
General Superintendent of Mechanical Services
Supervisor of Mechanical Services
Printing
Legislative Assistant Editor
Legislative Editor
Printing Contracts Supervisor
Aircraft Maintenance
Assistant Plant Superintendent, Air Service
Plant Superintendent, Air Service
General Skilled Trades
Assistant Supervisor of Electrical Devices
Chief Instrument Repairer
Construction Superintendent 1
Construction Superintendent 2
Construction Superintendent 3
Construction Superintendent 4
Maintenance Superintendent 2
Maintenance Superintendent 3
Maintenance Superintendent 4
Maintenance Superintendent 5
Preparator 2
Preparator 3
Preparator 4
Services Supervisor I
Services Supervisor 2
Services Supervisor 3
Sign Painter Supervisor
Supervisor of Electrical Crews
Supervisor of Electrical Devices
Supervisor of Electrical Services
Telephone Services Supervisor 1
Telephone Services Supervisor 2
Construction and Installation
Adviser, Air Pollution Inspection
Inspection
Boiler Inspector Supervisor 2
Chief Officer, Operating Engineers Branch
Construction Inspector
Elevator Inspector 2
184
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Reg./Règl. 258
Column 1
Column 2
Vehicle Maintenance
Vehicle Operation
Mine Rescue Training
Highway and Canal
Maintenance
Ferry Operations
Forestry and Biology
Agricultural Services
Oeaning and Caretaking
Correctional
Elevator Inspector 3
Elevator Inspector 4
Industrial Safety Officer 1
Industrial Safety Officer 2
Inspector 3, Air Pollution
Registration and Operations Officer Operating Engineers Branch
Technician 4, Fuel
Technician 5, Fuel
Technician 6, Fuel
Assistant Garage Superintendent, Parliament Buildings
Garage Superintendent, Parliament Buildings
Highway Equipment Instructor 3
Highway Equipment Instructor 4
Highway Equipment Supervisor 1
Highway Equipment Supervisor 2
Highway Equipment Supervisor 3
Highway Mechanic Foreman
Inspector 3, Vehicle Inspection
Inspector 4, Vehicle Inspection
Driver Attendant, Minister
Driver Attendant, Prime Minister
Driver Supervisor
Traffic Patrol Supervisor, Ministry of Transportation and Communications
Mine Rescue Training Officer 3
Highway Equipment Instructor I
Highway Equipment Instructor 2
Highway General Foreman 2
Highway Maintenance Supervisor
Highway Patrolperson
Highway Patrol Supervisor
Highway Services Supervisor
Inspector of Weighers and Checkers 1
Inspector of Weighers and Checkers 2
Maintenance Foreman Toll Bridge
Vehicle and Construction Equipment Supervisor
Water Level Control Supervisor
Zone Painting Supervisor
Ferry Captain
Senior Ferry Captain 1
Senior Ferry Captain 2
Chief Arboriculturist
Resource Technician, Senior 1
Resource Technician, Senior 2
Resource Technician, Senior 3
Resource Technician, Senior 4
Agricultural Worker 4
Agricultural Worker 5
Agricultural Worker 6
Dairy Herd Improvement Officer 2
Farm Products Inspector 3
Horticulturist
Manager 2, Farms and Gardens
Meat Inspector 2
Buildings Caretaker 3
Buildings Caretaker 4
Buildings Caretaker 5
Buildings Caretaker 6
Buildings Caretaker 7
Buildings Cleaner and Helper 3
Buildings Cleaner and Helper 4
Buildings Superintendent
Hospital Housekeeper 1
Hospital Housekeeper 2
Chief Provincial Bailiff
Correctional Officer 4
1R5
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Reg./RègL 258
Column 1
Column 2
Correctional Officer 5
Correctional Officer 6
Correctional Officer 7
.
Industrial Officer 4
Industrial Officer 5
Industries Technician
Staff Training Officer, Ministry of Correctional Services
Supervisor of Juveniles 4
Supervisor of Juveniles 5
Supervisor of Juveniles 6
Institutional Care
Athletics Supervisor and Dean of Men
Attendant 5, Oak Ridge
Attendant 6, Oak Ridge
Attendant 7, Oak Ridge
Instructor 3 (a). Recreation and Crafts
Instructor 3 (b). Recreation and Crafts
Instructor 4, Recreation and Crafts
Recreation Officer 3, Ministry of Correctional Services
Recreation Officer 4, Ministry of Correctional Services
Security Supervisor
Personal Services
Cook 3
Cook 4
Cook 5
Cook 6
Laundry Manager 1
Laundry Manager 2
Laundry Manager 3
Laundry Manager 4
Supervisor 1, Food Service
Supervisor 2, Food Service
Tailor Supervisor, Ontario Provincial Police
Supply
Area Supply Supervisor
Central Stores Supervisor
Clerk 7, Supply
Clerk 8, Supply
Materials Control Supervisor
Radio Operations
General Operational
Artisan 4
Millman 3
Administrative Services
Master, Supreme Court of Ontario
Legal
Registrar, Office of the Mining Commissioner
Senior Master, Supreme Court of Ontario
Vice-Chair 1, Ontario Labour Relations Board
Vice-Chair 2, Ontario Labour Relations Board
Financial
Accounting Supervisor 1
Accounting Supervisor 2
Accounting Supervisor 3
Accounting Supervisor 4
Actuary 1
Actuary 2
Actuary 3
Financial Officer 1
Financial Officer 2
Financial Officer 3
Financial Officer 4
Financial Officer 5
Financial Officer 6
Financial Officer 7
Financial Officer 8
Financial Officer 9
Financial Officer, Trainee
Municipal Services
Assessment Supervisor 1
Assessment Supervisor 2
Assessment Supervisor 3
Assessment Supervisor 4
Supervisor 3, Municipal Organization & Administration
1
186
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Column I
Column 2
Property
Accommodation Officer 3
Accommodation Officer 4
Property Administrator 2
Real Estate Officer 1
Real Estate Officer 2
Real Estate Officer 3
Real Estate Officer 4
Real Estate Officer 5
Real Estate Officer 6
Realty Appraiser 3
Purchasing
Chief Purchasing Officer
Purchasing Officer 3
Senior Purchasing Officer
Superintendent of Supply
Personnel
Employee Counsellor
Personnel Administrator 1
Personnel Administrator 2
Personnel Administrator 3
Personnel Administrator 4
Personnel Administrator 5
Personnel Administrator 6
Personnel Trainee
Staff Relations Officer
Public Relations
Director of Immigration
Director, Information Branch
Editor, Technical Publications
Immigration Officer, Senior
Press Relations Supervisor
Public Health Educator
Tourist Industry Officer 4
Management Services
Assistant Manager 1, Electronic Data Processing
Manager 1, Electronic Data Processing
Management Services Officer 3
Management Services Officer 4
Management Services Officer 5
Management Services Officer 6
^" — -
Management Services Officer 7
Management Services Officer 8
Management Services Officer 9
Labour Relations
Conciliation Officer 1
Conciliation Officer 2
Conciliation Officer 3
Conciliation Officer 4
Examiner 1, Ontario Labour Relations Board
Examiner 2, Ontario Labour Relations Board
Field Officer, Ontario Labour Relations Board
Institutional
Assistant Administrator, Jails Branch
Assistant Superintendent, Ministry of Correctional Services
Deputy Superintendent 1, Ministry of Correctional Services
Deputy Superintendent 2, Ministry of Correctional Services
Deputy Superintendent, Jails
Executive Trainee, Ministry of Correctional Services
Inspector, Ministry of Correctional Services
i
Jail Superintendent 1
j
1
1
i
Jail Superintendent 2
Jail Superintendent 3
Jail Superintendent 4
Jail Superintendent 5
Jail Superintendent 6
Reformatory Superintendent 1
Reformatory Superintendent 2
i
i
1
Reformatory Superintendent 3
Training School Superintendent 1
Training School Superintendent 2
General Administration
Administrative Officer
Assistant Clerk of the Legislative Assembly
187
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Column 1
Column 2
Assistant Registrar, Ministry of Education
Clerk of the Executive Council
Clerk 6, General
Clerk 7, General
Deputy Director Registration (O.S.C.)
Director 1, Administrative Services
Director 2, Administrative Services
Director 3, Administrative Services
Director of Claims, M.S.I.D.
Director of Municipal Pensions
Editor 1 (Hansard)
Editor 2 (Hansard)
Executive Officer 1
Executive Officer 2
Executive Officer 3
Member, Ontario Highway Transport Board
Northern Affairs Officer 1
Northern Affairs Officer 2
Northern Affairs Officer 3
Program Analysis Co-ordinator 1
Program Analysis Co-ordinator 2
Program Analysis Co-ordinator 3
Program Analyst 1
Program Analyst 2
Program Analyst 3
Records Officer 1
Records Officer 2
Records Officer 3
Regional Co-ordinator 1, O.H.I.C.
Regional Co-ordinator 2, O.H.I.C.
Regional Services Manager 1
Regional Services Manager 2
Registrar of Collection Agencies
Registrar, Ontario Labour Relations Board
Registrar of Private Investigators and Security Guards
Superintendent, Public Housing
Supervisor of Operations
Treasury Board Officer 1
Treasury Board Officer 2
Treasury Board Officer 3
Treasury Board Officer 4
Treasury Board Officer 5
Institutional Administration
Assistant Hospital Business Administrator 1
Assistant Hospital Business Administrator 2
Assistant Hospital Business Administrator 3
Bursar 2
Bursar 3
Bursar 4
Bursar 5
Director, Hospital Management Services
Hospital Administrator 1
Hospital Administrator 2
Hospital Business Administrator 1
Hospital Business Administrator 2
Hospital Business Administrator 3
Labour Standards
Employment Standards Officer 1
Employment Standards Officer 2
Employment Standards Officer 3
Land and Mining Registration
Chief Mining Recorder •;■
Mining Recorder
Buildings Management
Manager 1, Buildings Management
Manager 2, Buildings Management
Manager 3, Buildings Management
Manager 4, Buildings Management
Manager 5, Buildings Management
Manager 6, Buildings Management
Education
Adviser, Elementary School Correspondence Courses
Assistant Superintendent, O.S.B., O.S.D.
Education Officer 4
188
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Reg./Règl. 258
ft
ft
Column 1
Column 2
Education Officer 5
Education Officer 6
Education Officer 7
Principal 1, Ontario School for the Retarded
Principal 2, Ontario School for the Retarded
Principal 3, Ontario School for the Retarded
Principal 1, Teachers' College
Principal 2, Teachers' College
Vice-Principal, Teachers' College
Vocational Training Supervisor 2
Economics and Statistics
Economist 1
Economist 2
Economist 3
Economist 4
Economist 5
Economist 6
Economist 7
Statistician 4
Senior Administrators
Executive Officer 1, Office of the Premier
Executive Officer 2, Office of the Premier
Executive Officer 3, Office of the Premier
Supervisor of Racing
Vice-Chair, Ontario Energy Board
Vice-Chair, Ontario Highway Transport Board
Program Executives
Program Executive 1
Program Executive 2
Program Executive 3
Program Executive 4
Program Executive 5
Scientific and Technical
Architectural Job Captain 3
Services
Architectural Officer I
Architecture and Interior
Architectural Officer 2
Design
Chief of Contracts
Architecture
Specification Editor 3
Interior Design
Exhibition Designer 3
Exhibition Designer 4
r:^
Exhibition Designer 5
Interior Design Supervisor
Engineering
Access Roads Manager
Access Roads Superintendent
Chief Inspector (Drilling and Production)
Claims Engineer
Engineer of Mines 1
Engineer of Mines 2
Engineer of Mines 3
Engineering Officer 2
Engineering Officer 3
Engineering Officer 4
Engineering Officer 5
Estimator 3, Engineering Audit
Executive Engineer
Highway District Engineer 1
Highway District Engineer 2
Superintendent of Engineering Audits
Superintendent of Equipment
Technician 1, Construction
Technician 2, Construction
Technician 3, Construction
Technician 4, Construction
Technician 1, Engineering Audit
Technician 2, Engineering Audit
Technician 3, Engineering Audit
Technician 4, Engineering Audit
Technician 5, Engineering Audit
Technician 2, Engineering Office
Technician 3, Engineering Office
Technician 4, Engineering Office
Technician 1, Engineering Survey
189
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Column 1
Column 2
Technician 2, Engineering Survey
Technician 3, Engineering Survey
Technician 4, Engineering Survey
Technician 4, Road Design
Geological
Assistant Director, Geological Branch
Geologist 1
Geologist 2
Geologist Assistant 4
Senior Geologist
Land Surveying
Chief Inspector of Surveys
Director of Legal Surveys
Inspector of Surveys 1
Inspector of Surveys 2
Inspector of Surveys 3
Legal Survey Examiner 4
Surveyor 1
Surveyor 2
Technician 1, Legal Survey
Technician 2, Legal Survey
Technician 3, Legal Survey
Drafting and Design
Bridge Materials Officer 3
Commercial Artist 3
Drafter 3
Senior Drafter
Photogrammetry and
Cartographer 5
Stereoplotting
Cartographer 6
Cartographer 7
Photogrammetrist 4
Photogrammetrist 5
Agricultural
Agricultural Officer 2
Agricultural Officer 3
Agricultural Officer 4
Agricultural Representative
Agricultural Specialist 3, Dairy
Lecturer 4 (a). Agricultural School
Lecturer 4 (b). Agricultural School
Supervising Farm Products Inspector
Conservation
Biologist 3
District Administrator 1, Ministry of Natural Resources
District Administrator 2, Ministry of Natural Resources
Forester 3
Forester 4
Forester 5
Instructor 3, Ontario Forest Ranger School
Parks Planner 2
Parks Planner 3
Recreational Land Use Planner
Resources Manager 3
Resources Manager 4
Section Supervisor 1, Ministry of Natural Resources
Section Supervisor 2, Ministry of Natural Resources
Senior Biologist
Aircraft Operation
Check Pilot
Dental
Adviser 1, Public Health Dentistry
Adviser 2, Public Health Dentistry
-
Medical
Branch Director, Mental Health
Chair, Medical Advisory Board
Director of Coroners
Medical Officer 1, Ministry of Correctional Services
Medical Officer 2, Ministry of Correctional Services
Medical Officer 3, Ministry of Correctional Services
Pharmaceutical
Cataloguer, Drugs and Biologicals
Co-ordinator 1, Drug Pricing
Co-ordinator 2, Drug Pricing
190
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Reg./Règl. 258
Column 1
Column 2
i
Veterinary
Health Inspection and
Investigation
Home Economies and Nutrition
Medical Equipment and
Operation Research
Testing and Analysis
Photographic
Communications
Traffic Analysis
General Services
Transportation Inspection
Entertainment Inspection
Veterinary Scientist 3
Veterinary Scientist 4
Veterinary Scientist 5
Veterinary Scientist 6
Chief Industrial Health Counsellor
Pesticides Control Officer 3
Public Health Inspector 5
Dietitian 1
Dietitian 2 (a)
Dietitian 2 (b)
Dietitian 3
Food Services Administrator
Home Economist Supervisor 1
Home Economist Supervisor 2
Nutritionist 2
Technician, X-Ray Supervisor
Chief Research Scientist, Ministry of Agriculture and Food
Research Officer 3, Ministry of Transportation
Research Officer 4, Ministry of Transportation
Research Officer 5, Ministry of Transportation
Research Scientist 4, Ministry of Agriculture and Food
Research Scientist 3, Ministry of Natural Resources
Research Scientist 4, Ministry of Natural Resources
Research Scientist 5, Ministry of Natural Resources
Research Supervisor 1, Ministry of Natural Resources
Research Supervisor 2, Ministry of Natural Resources
Administrator 1, Laboratory Services
Administrator 2, Laboratory Services
Firearms Examiner 3
Laboratory Director, Class "A" Laboratory
Laboratory Director, Class "B" Laboratory
Laboratory Director, Class "C" Laboratory
Manager, Timiskaming Testing Laboratory
Meteorologist
Scientist 5
Senior Radiation Protection Physicist
Technician 5, Chemical Laboratory
Technician 5, Physical Latwratory
Technician 5, Medical Laboratory
Manager, Photographic Reproduction Unit
Photographer 3, Laboratory
Publicity Photographer 3
Technician 7, Photographic
Communications Supervisor
Communications Technician 3
Highways Communications Supervisor
Electronics Supervisor 1, Ministry of Government Services
Electronics Supervisor 2, Ministry of Government Services
Traffic Analyst 4
Traffic Analyst 5
Traffic Analyst 6
Technician 4, Traffic
Technician 5, Traffic
Driver Examiner 3
Driver Examiner 4
Driver Examiner 5
Inspector 3, Ministry of Transportation
Inspector of Signs and Buildings Permits 4
Highway Carrier, Supervising Inspector 2
Review Supervisor 1
Review Supervisor 2
Service Areas Manager
Assistant Director, Theatres Branch
Director, Theatres Branch
191
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Column 1
Column 2
Investigative
Chief Investigator, Ontario Securities Commission
Fires Services Investigator 3
Investigator 2, Agricultural Products
Fire Services
Deputy Fire Marshal
Director of Ontario Fire College
Fire Chief
Fire Marshal
Fire Services Adviser 3
Court Reporting
Chief Supreme Court Reporter
Court Reporter 3
Court Reporter 4
Supreme Court Reporter 2
General Administrative Services
Administrative Assistant 1 , Office of the Premier
General
Administrative Assistant 2, Office of the Premier
Administrative Assistant 3, Office of the Premier
Clerk 5, Filing
Coroner's Clerk 2
Deputy Senior 1, Administration of Justice
Deputy Senior 2, Administration of Justice
Deputy Senior 3, Administration of Justice
Supervisor 1, Medical Records
Supervisor 2, Medical Records
Supervisor 3, Medical Records
Supervisor 4, Medical Records ',
Travel Counsellor 3
Travel Counsellor 4
Travel Counsellor 5
Savings Office
Director, Savings Office Branch
Inspector 3, Savings Office
Manager 1, Savings Office
Manager 2, Savings Office
Manager 3, Savings Office
Manager 4, Savings Office
Supervisor of Branch Operations, Savings Office
Postal Service
Manager, Central Mail Service
Postmaster, House of Assembly Post Office
Attendant and Messenger
Supervisor, Mail Unit
Telephone Services
Operator 3, Central Switchboard
Typing, Stenographic and
Senior Secretary 1
Secretarial
Senior Secretary 2 |
Senior Secretary 3
Senior Secretary 4
Senior Secretary 5
Transcriber 1 (Hansard)
Transcriber 2 (Hansard)
Transcriber Co-ordinator (Hansard)
Printing and Office
Manager, Central Duplicating Service
Equipment
Manager, Offset Printing Unit
Operator 3, Bindery Equipment
Operator 4, Microfilm
Operator 5, Microfilm
Operator 6, Microfilm
Operator 4, Offset Equipment
Operator 5, Offset Equipment
Operator 4, Whiteprint Equipment
Data Processing
Computer Technician 3
Operator 3, Electronic Computer
Operator 5, Key Punch Equipment
Operator 6, Key Punch Equipment
Operator 5, Tabulating Equipment
Operator 6, Tabulating Equipment
Operator 7, Tabulating Equipment
Production Supervisor
Supervisor, Data Processing, Civil Service Commission
192
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Column 1
Column 2
Toll Collection Services
Fingerprint Examiners
Law Enforcement
Other Typing, Stenographic and Secretarial
Ministry of Colleges and Universities
Ministry of Correctional
Services
Ministry of Education
Ministry of The Environment
Supervisor, Data Processing, Registrar-General, Ministry of Consumer and
Commercial Relations
Toll Supervisor
Fingerprint Examiner 4
Fingerprint Examiner 5
Adviser, Ontario Police Commission
Assistant Commissioner, Ontario Provincial Police
Chief Instructor, Ontario Police College
Commissioned Officer 1, Ontario Provincial Police
Commissioned Officer 2, Ontario Provincial Police
Commissioned Officer 3, Ontario Provincial Police
Commissioned Officer 4, Ontario Provincial Police
Commissioned Officer 5, Ontario Provincial Police
Deputy Director, Ontario Police College
Director, Ontario Police College
Intelligence Officer, Ontario Police Commission
Sergeant Major, Ontario Provincial Police
Secretaries to Assistant Deputy Ministers
Secretary to the Director, Applied Arts and Technology Branch
Director General, Ontario Science Centre
Secretary to Director General, Ontario Science Centre
Executive Assistant to Director General, Ontario Science Centre
Secretary to Executive Assistant to Director General, Ontario Science Centre
Assistant Secretary to the Minister
Secretary to Branch Administrator 1, Correctional Services
Secretary to Branch Administrator 2, Correctional Services
Secretary to Chief Accountant, Administrative and Financial Services Division
Secretary to Chief Inspector
Secretary to Director of After-Care Services
Secretary to Director of Information Branch
Secretary to Executive Assistant, Office of Deputy Minister
Secretary to Executive Director, Administrative and Financial Services Division
Secretary to Executive Director, Professional Services Division
Secretaries to Superintendents, Institutions
Secretaries to Superintendents, Training Schools
Administrative Assistant to the Superintendent (Guelph)
Secretarial Assistant (Treatment) (Guelph)
Secretary to the Executive Assistant, Deputy Minister's Office
Secretary to the Executive Assistant to the Minister
Secretary to the Superintendent, Ontario School for the Blind
Secretary to the Superintendent, Ontario School for the Deaf
Secretary to the Director, School Business and Finance Branch
Secretary to the Director, Provincial Schools Branch
Secretary to the Director, Planning and Research Branch
Secretary to the Director, Legislation Branch
Secretary to the Director, Public Information Branch
Assistant Secretary to the Deputy Minister
Secretary to Chair, Council on French Language Schools
Chief Educational Officer, (Correspondence Courses)
Assistant Secretary to the Minister
Secretary to the Executive Assistant to the Minister
Secretary to Director, Legal Services Branch
Secretary to Director, Strategic Planning Branch
Secretary to Director, Information Services Branch
Secretary to Director, Financial Services Branch
Sectetary to Director, Administrative Services Branch
Secretary to Director, Water Quantity Branch
Secretary to Director, Water Quality Branch
Secretary to Director, Sanitary Engineering Branch
Secretary to Director, Industrial Waste Branch
Secretary to Director, Private Sewage Disposal Branch
Secretary to Director, Project Development Branch
Secretary to Director, Project Construction Branch
Secretary to Director, Plant Operations Branch
Secretary to Director, Air Quality Branch
Secretary to Director, Waste Management Branch
193
Reg./Règl. 258
CROWN EMPLOYEES COLLECTIVE BARGAINING
Reg./Règl. 258
Column 1
Column 2
Ministry of Consumer and Commercial
Relations
Ministry of Health
Ministry of The Attorney General
Ministry of Labour
Ministry of Revenue
Ministry of Treasury, Economics and
Intergovernmental Affairs
Ministry of The Solicitor General
Ontario Provincial Police
(Civilian Staff)
Secretary to Director, Laboratory Branch
Secretary to Director, Research Branch
Secretary to Chair of Ontario Securities Commission
Secretary to Director, Administrative Services Branch
Secretary to Director, Insurance Branch
Secretary to Director, Ontario Securities Commission
Secretary to Superintendent of Insurance
Secretary to the Medical Director and Associate Medical Director
Secretary to Branch Director, Mental Health Division
Secretary to Assistant Hospital Administrators
Secretary to Chief Epidemiology Service
Secretary to Chief Public Health Veterinary Service
Secretary to Chief Employee Health Service
Secretary to Chief Maternal and Child Health Service
Secretary to Chief Medical Rehabilitation and Chronic Care Service
Secretary to Chief Occupational Health Service
Secretary to Chief Tuberculosis Prevention Service
Secretary to Director Administrative Services Branch
Secretary to Director Claims Service (O.H.I.C.)
Secretary to Director Environmental Health Services Branch
Secretaty to Director Financial Services Branch
Secretary to Director Hospital Management Services Branch
Secretary to Director Communications Branch
Secretary to Director Laboratories Services Branch
Secretary to Director Legal Branch
Secretary to Director Local Health Services Branch
Secretary to Director Medical Services Branch
Secretary to Director Professional Services Branch
Secretary to Director Special Projects Branch
Secretary to Director Special Health Services Branch
Secretary to Executive Assistant Environmental Health Services Branch
Secretary to Executive Assistant Local Health Services Branch
Secretary to Executive Assistant Mental Health Division
Secretary to Executive Assistant Mental Hospitals Branch
Secretary to Executive Assistant Mental Retardation Branch
Secretary to Executive Assistant Public Health Division
Secretary to Executive Assistant Special Health Services Branch
Secretary to Hospital Administrators
Secretary to Hospital Superintendents
Audit Secretary
Secretary to the Director Probation Services
Secretary to the Executive Director
Secretary, Office of the Minister
Secretary to the Director, Safety and Technical Services
Secretary to the Executive Assistant to the Deputy Minister
Secretary to the Executive Assistant to the Minister
Secretary to Comptroller of Revenue
General Clerk, Regional Assessment Office
Secretary to the Regional Assessment Commissioner
Secretary to the Deputy Managing Director, Development Branch, Ontario Housing
Corporation
Secretary to the Deputy Managing Director, Property Management Branch, Ontario
Housing Corporation
Secretary to the Vice-Chair and Managing Director, Ontario Housing Corporation
Secretary to Comptroller of Accounts
Secretary to Comptroller of Finances
Secretary to the Director, Taxation and Fiscal Policy Branch
Secretary to the Executive Assistant, Finance and Economics
Secretary to the Executive Director, Economics and Statistical Services Division
Secretary to the Executive Director, Policy Planning Division
Assistant Secretary, Deputy Minister's Office
Assistant Secretary, Minister's Office
Secretary to Executive Assistant to the Minister
Secretary to Chair, Ontario Police Commission
Secretary to Assistant Commissioner
Secretary to Commissioner
194
Reg./Règl. 258
NEGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE
Reg./Règl. 258
Column 1
Column 2
Ministry of Government Services
Ministry of Community and Social Services
Ministry of Industry and Tourism
Ontario Development Corporation
Ministry of Transportation
Ofhce of The Premier
Management Board of Cabinet
Secretary to Deputy Commissioner
Assistant Secretary to the Minister
Secretary to the Executive Director, Administrative and Finance Division
Secretary to the Executive Director of Operations
Secretary to the Executive Director, Supply Division
Assistant Secretary, Minister's Office
Administrative Secretary, Minister's Office
Assistant Secretary to the Deputy Minister
Secretary to the Assistant to the Deputy Minister
Secretary to Senior Executive Officer
Secretary to Chair, Ontario Economic Council
Secretary to Executive Director, Business Development Division
Secretary to Executive Director, Administrative Services Division
Secretary to Executive Director, Communications Division
Secretary to Executive Co-ordinator, Research Services Division
Secretary to Executive Director, Special Projects Branch
Secretary to Executive Co-ordinator, Field Services Division— Ontario
Secretary to Executive Co-ordinator, Field Services Division— International
Secretary to General Manager, Ontario Place
Secretary to Director, Office of Standards, Designs and Innovations
Secretary to the General Manager, St. Lawrence Parks Commission
Managing Director
Secretary to the Managing Director
Deputy Managing Director
Secretary to the Deputy Managing Director
Secretary to Bridge Engineer
Secretary to Claims Engineer
Secretary to District Engineer
Secretary to Estimating Engineer
Secretary to Manager, Special Services
Secretary to Superintendent Engineering Surveys
Secretary to Superintendent of Surveys
Secretary to Regional Director
Secretary to Material Testing Engineer
Secretary to Director, Legal Branch
Secretary to Financial Comptroller
Secretary to Executive Director, Research Division
Secretary to Director Services
Secretary to Director Municipal Branch
Secretary to Director Driver Branch
Secretary to Director Vehicle Branch
Secretary to Deputy Registrar, Motor Vehicles
Secretary to Director Construction Branch
Secretary to Director Maintenance Branch
Secretary to Director System Design Branch
Secretary to Director Design Services Branch
Secretary to Director Economics Branch
Secretary to Director Communications Branch
Secretary to Director Engineering Research Branch
Secretary to Director Systems Research Branch
Secretary to Director Systems Planning Branch
Secretary to Director Environmental Planning Branch
Secretary to Director of Right of Way and Superintendent of Properties
Secretary to Director Transportation Operations Branch
Secretary to Director Audit and Management Systems Branch
Secretary to Registrar, Motor Vehicles
Secretary, Appointments and Inquiry
Clerk, Records and Filing
Secretary to Executive Director, Management Services Division
Secretary to Executive Director, Program and Estimates Division
Secretary to Secretary of the Management Board
R.R.O. 1980, Reg. 232, Sched. 2.
195
Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258
Form 1
Cmwn Employees Collective Bargaining Act
STATEMENT TO THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL UNDER SECTION 47 OF THE ACT
To: The Ontario Public Service Labour Relations Tribunal
The employee organization referred to below submits to the Tribunal the following statement pursuant to the requirements of section 47 of
the Act.
1. The name of the employee organization is
2. The address of the headquarters of the employee organization in Ontario to which communications for the purposes of the Act may be
directed is
(street and number or rural route number and if
multi-office building give room number)
(name of municipality or post office) i
3. A copy of the constitution and of the by-laws of the employee organization are included with and form part of this statement.
4. The name and address of each officer of the employee organization and the position held by each such officer is as set out in Schedule A
attached to and forming part of this statement.
5. The name and address of each officer of the employee organization resident in Canada (other than a person performing primarily clerical
or stenographic duties), the position held by the officer and the date and manner of his or her election or appointment are as set out in
Schedule B attached to and forming part of this statement.
6. The name and address of each employee of the employee organization resident in Canada (other than a person performing primarily cleri-
cal or stenographic duties), the position held by the employee and the date and manner of his or her election or appointment are as set out
in Schedule C attached to and forming part of this statement.
7. A financial statement as required by clause 47 (1) (f) of the Act, consisting of a balance sheet and a statement of income and expenditure
in Form 2, is included with and forms part of this statement.
8. The financial statement referred to in paragraph 7 is:
(a) a financial statement for the latest complete fiscal year of the employee organization ending on
month day
.; or
year
(b) a financial statement for the period from , to
month day year month
, if the employee organization has not been in existence for a complete fiscal year.
day year
CERTIFICATE
Dated at , this day of , 19
We, , president of the employee organization herein,
(name of president of employee organization)
and , treasurer of the employee organization herein,
(name of treasurer of employee organization)
severally certify that the information contained in this statement is true and accurate.
(president of the employee organization)
(treasurer of the employee organization)
Dated at , this day of , 19
196
Reg./Règl. 258
NEGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE
Reg./Règl. 258
Schedule A
l. Name of officer in full, including all given
names.
2. Residence address, giving street and num-
ber or rural route number and municipal-
ity or post office and province.
3. Position held by officer with employee
organization.
Schedule B
1. Name of officer in
full, including all
given names.
2. Residence ad-
dress, giving street
and number or
rural route num-
ber and municipal-
ity or post office
and province.
3. Position held by
officer with em-
ployee organiza-
tion.
4. Whether elected
or appointed to
position.
5. Date of election or
appointment.
6. Name of officer or
employee who
made the appoint-
ment, or in the
case of election,
name of body that
elected officer.
Schedule C
1. Name of employee
in full, including
all given names.
2. Residence ad-
dress, giving street
and number or
rural route num-
ber and municipal-
ity or post office
and province.
3. Position held by
employee with
employee organi-
zation.
4. Whether elected
or appointed to
position.
5. Date of election or
appointment.
6. Name of officer or
employee who
made the appoint-
ment, or in the
case of election,
name of body that
elected employee.
R.R.O. 1980, Reg. 232, Form 1.
Form 2
Crown Employees Collective Bargaining Act
STATEMENT OF INCOME AND EXPENDITURE OF EMPLOYEE ORGANIZATION
•Strike out For the 'fiscal year commencing
inapplicable term *period month
ending
month
day
day
year
year
197
Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258
Income of the Employee Organization
1. Net dues and assessments, $
(a) from persons resident in Canada
(b) from all other persons
2. Interest
3. Dividends
4. Rents
5. Other income (indicate sources)
6. Totalincome (sum of items 1 to 5)
Expenditure of the Employee Organization
7. Gross salaries, wages and other remuneration,
(a) of officers and employees resident in Canada
(b) of all other officers and employees
8. Office and administrative expenditure
9. Professional fees and expenses
10. Pension and welfare benefits paid by the employee organization,
(a) to beneficiaries resident in Canada
(b) to all other beneficiaries
1 1 . Contributions by the employee organization to pension and welfare plans
administered by entities separate from the employee organization
12. Depreciation on fixed assets
13. Other expenditures (state purposes)
14. Total expenditure (sum of items 7 to 13)
15. Net Income of the employee organization (item 6 minus item 14)
R.R.O. 1980, Reg. 232, Form 2.
Form 3
Crown Employees Collective Bargaining Act
AFFIDAVIT BY PRESIDENT AND TREASURER OF EMPLOYEE ORGANIZATION FILED PURSUANT TO
SECTION 47 (2) OF THE ACT
We, , president
(name of president of employee organization)
of ,
(name of employee organization)
and , treasurer
(name of treasurer of employee organization)
of , severally
(name of employee organization)
make oath and say:
1. We are the president and treasurer respectively of the
(name of employee organization)
and as such have knowledge of the matters hereinafter deposed to.
2. During the entire period ending , reported upon in the financial statement of the employee
198
1
Reg./Règl. 258
NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE
Reg./Règl. 258
organization dated
(date of financial statement)
to be filed with the Ontario Public Service Labour Relations Tribunal with this affidavit the said employee organization was at all times
qualified as an employee organization under the Crown Employees Collective Bargaining Act.
Severally Sworn Before Me:
at
in the of
this
day of .19
(signature of president of employee organization)
A Commissioner, etc. (signature of treasurer of employee organization)
R.R.O. 1980, Reg. 232, Form 3.
Form 4
Crown Employees Collective Bargaining Act
APPLICATION FOR REPRESENTATION RIGHTS BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
Applicant,
— and—
the Crown in right of Ontario,
Respondent.
The applicant applies to the Ontario Public Service Labour Relations Tribunal for representation rights as bargaining agent of the employees
of the respondent in a unit that it claims to be appropriate for collective bargaining.
The applicant states:
1. (a) address of applicant:
(b) address of applicant for service:
2. Detailed description of the unit of employees of the respondent that the applicant claims to be appropriate for collective bargaining:
3. Approximate number of employees in the unit described in paragraph 2:
4. The name and address of any employee organization known to the applicant as claiming to be the bargaining agent of, or as claiming to
represent, any employees who may be affected by this application:
5. Other relevant statements (attach additional pages if necessary):
Dated at this day of .
., 19..
(signature for the applicant)
R.R.O. 1980, Reg. 232, Form 4.
File No
Form 5
Crown Employees Collective Bargaining Act
NOTICE OF nXING TERMINAL DATE BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
Applicant,
— and—
Respondent.
199
Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258
To The Applicant,
1. Take Notice that, in accordance with the Tribunal's direction, I have fixed the day of , 19 ,
as the terminal date for this apphcation.
2. Your attention is directed to subsections 10(1) and (2) of the rules of procedure which read as follows:
(1) Evidence of membership in an employee organization or of objection by employees to representation rights of an employee organiza-
tion or of signification by employees that they no longer wish to be represented by an employee organization shall not be accepted by
the Tribunal on an application for representation rights or for a declaration terminating rights unless the evidence is in writing, signed by
the employee or each member of a group of employees, as the case may be, and,
(a) is accompanied by,
(i) the return mailing address of the person who files the evidence, objection or signification, and
(ii) the name of the body, if any, representing the employer; and
(b) is filed not later than the terminal date for the application.
(2) No oral evidence of membership in an employee organization or of objection by employees to representation rights of an employee
organization or of signification by employees that they no longer wish to be represented by an employee organization shall be accepted
by the Tribunal except to identify and substantiate the written evidence referred to in subsection (1).
3. The hearing of the application by the Tribunal will take place at ,
, Ontario, on day, the day of ,19.,
Dated at this day of 19.
Registrar
R.R.0. 1980, Reg. 232, Form 5.
Form 6
Crown Employees Collective Bargaining Act
NOTICE OF APPLICATION FOR REPRESENTATION RIGHTS AND OF HEARING BEFORE THE ONTARIO PUBLIC SERVICE
LABOUR RELATIONS TRIBUNAL
Between:
Applicant,
— and—
the Crown in right of Ontario,
Respondent,
To The Respondent,
1. Take Notice that the applicant, on , 19 , made an application to the Ontario Public Service Labour Rela-
tions Tribunal for representation rights as bargaining agent of your employees in a bargaining unit described in the attached copy of the applica-
tion.
2. You are required to post the enclosed Notices to Employees of Application for Representation Rights and of Hearing (Form 7), immedi-
ately. These notices are to be posted in conspicuous places where they are most likely to come to the attention of all employees who may be
affected by the application. You shall keep them posted upon your premises until the close of business on the terminal date set out in paragraph
4.
3. You shall complete and send to the Tribunal immediately the Return of Posting (Form 17), which is attached hereto.
4. The terminal date fixed for this application as directed by the Tribunal is the day of , 19
5. You shall send to the Tribunal your reply so that,
(a) it is received by the Tribunal not later than the terminal date shown in paragraph 4; or
(b) if it is mailed by registered mail addressed to the Tribunal at its office,
, Ontario, it is mailed not later than the terminal date shown in paragraph 4.
6. If, in your reply, you propose a bargaining unit different from the one proposed by the applicant, you shall indicate on the list of employ-
ees in the Schedule to your reply the name and classification of any person you propose should be excluded from, as well as the name and classifi-
cation of any person you propose should be added to, the bargaining unit proposed by the applicant and you shall forward to the Tribunal appro-
priate documents containing the signatures of any additional person.
200
Reg./Règl. 258 NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE Reg./Règl. 258
7. And Further Take Notice of the hearing of the application by the Tribunal at
, Ontario, on the day of , 19 , at o'clock in
the noon.
Dated this day of , 19
Registrar
R.R.0. 1980, Reg. 232, Form 6.
File No
Form?
Crown Employees Collective Bargaining Act
NOTICE TO EMPLOYEES OF APPLICATION FOR REPRESENTATION RIGHTS
AND OF HEARING
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
Applicant,
— and—
the Crown in right of Ontario,
Respondent.
Notice to Employees:
1. Take Notice that the applicant, on , 19 , made an application to the Ontario Public Service Labour Rela-
tions Tribunal for representation rights as bargaining agent of
in the following bargaining unit:
2. Your attention is directed to the following information contained in the application:
3. The hearing of the application by the Tribunal will take place at its
, Ontario, on day, the day of , 19 , at
o'clock in the noon.
4. The terminal date fixed for this application as directed by the Tribunal is the day of , 19
5. Any employee or group of employees affected by the application and desiring to make representations to the Tribunal in opposition to
this application shall send to the Tribunal a statement in writing of such desire, which shall,
(a) contain the return mailing address of the employee or representative of a group of employees;
(b) contain the name of the body, if any, representing the respondent employer; and
(c) be signed by the employee or each member of a group of employees.
6. The statement of desire must be,
(a) received by the Tribunal not later than the terminal date shown in paragraph 4; or
(b) if it is mailed by registered mail addressed to the Tribunal at its office,
, Ontario, mailed not later than the terminal date shown in paragraph 4.
7. A statement of desire that does not comply with paragraphs 5 and 6 will not be accepted by the Tribunal.
8. Any employee, or group of employees, who has informed the Tribunal in writing of his, her or their desire in accordance with paragraphs
5 and 6 may attend and be heard at the hearing in person or by a representative. Any employee or representative who appears at the hearing will
201
Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258
be required to testify, or produce a witness or witnesses who will be able to testify from personal knowledge and observation, as to (a) the cir-
cumstances concerning the origination of the material filed, and (b) the manner in which each of the signatures was obtained.
Dated this day of , 19
Registrar
R.R.O. 1980, Reg. 232, Form 7.
File No
Forms
Crown Employees Collective Bargaining Act
DECLARATION CONCERNING MEMBERSHIP DOCUMENTS BEFORE THE ONTARIO PUBLIC SERVICE LABOUR
RELATIONS TRIBUNAL
Between:
Applicant,
— and—
the Crown in right of Ontario,
Respondent,
— and—
Intervener.
•Strike out word I, , the
not applicable (name) (office)
* 3nT)1icânt
of the .. herein declare that, to the best of my knowledge, information and belief;
•mtervener
1. The documents submitted in support of the application represent documentary evidence of membership on behalf of
3nT)iic3nt
persons who were employees of the respondent in the bargaining unit that the , . */ herein
(number) intervener
claims to be appropriate for collective bargaining, on the date of the making of the application.
2. There were persons who were employees of the respondent in the bargaining unit that the
(number)
, . "" herein claims to be appropriate for collective bargaining on the date of the making of the application.
3. (Where the documentary evidence consists of receipts or other acknowledgements of the payment on account of dues or
initiation fees.) On the basis of my personal knowledge and inquiries I have made, I state that the persons whose names
appear on the receipts or other acknowledgements of the payment on account of dues or initiation fees are the persons
who actually collected the money paid on account of dues or initiation fees and that each member, on whose behalf a
receipt or acknowledgement of payment is submitted has personally paid in money the amount shown thereon on his or
her own behalf to the person whose name appears on the receipt or acknowledgement of payment as collector, EXCEPT
IN THE FOLLOWING INSTANCES:
Dated , this day of , 19
(signature)
R.R.O. 1980, Reg. 232, Form 8.
202
Reg./Règl. 258 NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE Reg./Règl. 258
File No
Form 9
Crown Employees Collective Bargaining Act
REPLY TO APPLICATION FOR REPRESENTATION RIGHTS BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS
TRIBUNAL
Between:
Applicant,
— and—
the Crown in right of Ontario,
Respondent.
The respondent rephes to the application for representation rights as follows:
The respondent states:
1. (a) name of body, if any, representing the respondent:
(b) address of respondent or body representing respondent for service:
2. Total number of employees of the respondent on the payroll of the Ministries or agencies or both in respect of which the application for
representation rights has been made:
3. Total number of employees in the unit described by the applicant as being appropriate for collective bargaining as of the date the appli-
cation was made:
4. Detailed description of the unit claimed by the respondent to be appropriate for collective bargaining, including the municipality or
other geographical area affected:
5. Number of employees in the unit claimed by the respondent to be appropriate for collective bargaining as of the date the application
was made:
6. The name and address of any employee organization known to the respondent or the body representing the respondent as claiming to be
the bargaining agent of or to represent any employees who may be affected by the application:
7. The date of the grant of any representation rights of a bargaining agent of any employees who may be affected by the application:
•Strikeout if not
applicable
*8. The respondent is or was a party to or bound by a collective agreement, a copy of which is enclosed, with an employee organization
that,
(a) was signed on the day of , 19
(b) became effective on the day of , 19
(c) contains the following provision relating to its termination or renewal:
9. A list is set out in the Schedule hereto of all employees in the bargaining unit described in the application as at the date
when the applicant's application was made.
10. Documents, from among existing employment records, containing the signatures of the employees whose names appear on the list
referred to in paragraph 9, arranged in alphabetical order, accompany this Reply.
11. Other relevant statements (use additional pages if necessary):
Dated , this day of , 19
(signature for the respondent)
Schedule
1. List (alphabetically arranged) of all employees in the bargaining unit described in the application of the applicant as at the .
day of ,19 (Do not include the names of employees that appear in paragraphs 2 or 3)
203
Reg./Règl. 258
CROWN EMPLOYEES COLLECTIVE BARGAINING
Reg./Règl. 258
Name
Occupational Classification
1.
2.
3.
4.
5.
2. List (alphabetically arranged) of all employees who were not actually at work on the day of .
19 by reason of lay-off, in the bargaining unit described in the application of the applicant.
Name
Occupational
Classification
Date of
Lay-off
Expected Date
of Recall
1.
2.
3.
4.
5.
3. List (alphabetically arranged) of all employees not previously shown who were not at work on the .
19 , in the bargaining unit described in the application of the applicant.
. day of
Name
Occupational
Classification
Last Day
Worked
Reason for
Absence
Expected
Date of
Return
1.
2.
3.
4.
5.
This list has been prepared by me or under my direction and I confirm the accuracy thereof.
(signature of officer of employer)
R.R.O. 1980, Reg. 232, Form 9.
File No. .
Between:
Form 10
Crown Employees Collective Bargaining Act
NOTICE OF APPLICATION BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
—and —
the Crown in right of Ontario,
Applicant,
Respondent.
To:
1. Take Notice that the applicant, on , 19 made to the Ontario Public Service Labour Relations Tribunal
an application for representation rights as bargaining agent of the employees of the respondent in a bargaining unit described in the attached
copy of the application.
2. And Further Take Notice that if you claim to represent any of the employees affected by the application, you shall send to the Tribunal
your intervention thereon so that,
(a) it is received by the Tribunal; or
(b) if mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed,
not later than the terminal date fixed for this application as directed by the Tribunal, which terminal date is the day of
204
Reg./Règl. 258
NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE
Reg./Règl. 258
, 19 , and that if you fail to send an intervention not later than the day of , 19 ,
you may be deemed by the Tribunal to have abandoned your claim, if any, to represent any of the employees who may be affected by the applica-
tion.
Dated this day of .
., 19..
Registrar
R.R.O. 1980, Reg. 232, Form 10.
Fll^No.
Between:
Form 11
Crown Employees Collective Bargaining Act
INTERVENTION BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
' and '
Applicant,
Respondent.
.intervenes in this proceeding.
(name of intervener)
1. The intervener states:
(a) address of intervener:
(b) address of intervener for services:
'Strike out if no)
applicable.
*2. The intervener is an employee organization that,
*(a) represents employees; or
*(b) is the bargaining agent of employees who may be affected by the application.
OR
•3. The intervener is the employer of the employees affected by this application.
*4. The intervener submits with this intervention the following documentary evidence:
5. The intervener desires to make the following submissions:
Dated at , this day of , 19..
(signature for the intervener)
R.R.O. 1980, Reg. 232, Form 11.
File No.
Form 12
Crown Employees Collective Bargaining Act
NOTICE OF INTERVENTION AND APPLICATION FOR REPRESENTATION RIGHTS BEFORE THE ONTARIO PUBLIC SERVICE
LABOUR RELATIONS TRIBUNAL
Between:
Applicant,
205
Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258
— and—
the Crown in right of Ontario,
Respondent,
— and—
Intervener.
The intervener appHes to the Ontario Public Service Labour Relations Tribunal for representation rights as bargaining agent of the employ-
ees of the respondent in a unit that it claims to be appropriate for collective bargaining.
The intervener states:
1. (a) address of intervener:
(b) address of intervener for service:
2. Detailed description of the unit of employees of the respondent that the intervener claims to be appropriate for collective bargaining,
including the municipality or other geographic area affected:
3. Approximate number of employees in the unit described in paragraph 2:
4. Other relevant statements (attach additional pages if necessary):
Dated at , this day of , 19
(signature for the intervener)
R.R.0. 1980, Reg. 232, Form 12.
Form 13
Crown Employees Collective Bargaining Act
NOTICE OF TAKING OF VOTE BY
ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
PURPOSE OF VOTE
Whereas
has applied to the Tribunal for
certain employees of
And Whereas the Tribunal has directed a representation vote in the matter:
Therefore Take Notice that, under the direction of the Tribunal, a representation vote of the employees described below will be taken
under the supervision of officials of the Tribunal.
SECRET BALLOT
The vote shall be by secret ballot. The Returning Officer will issue a ballot to each eligible voter presenting himself or herself to vote at the
proper polling place. The voter will mark the ballot in secret in a polling booth, fold it and deposit it in the ballot box provided at the polling
place. The Returning Officer is the proper person to whom inquiries should be directed by employees who are in doubt as to their eligibility to
vote or as to the voting procedure.
ELECTIONEERING
I direct all interested persons to refrain and desist from propaganda and electioneering from midnight of day,
the day of , 19 , until the vote is taken.
SCRUTINEERS
One scrutineer approved by me and representing each interested party may be designated for each polling place. The scrutineers have the
following duties and privileges:
1. To act as checkers of voters' lists at the polling place.
2. To assist in the identification of voters.
3. Otherwise to assist in the conduct of the vote as may be required by the Returning Officer.
ELIGIBLE VOTERS
Persons eligible to vote are:
206
Reg./Règl. 258
NEGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE
Reg./Règl. 258
TIME AND PLACE OF TAKING VOTE
Voters may cast ballots at their proper polling place at any time during the period in which voting is to take place.
The vote will be taken at the following time and place:
Date:
Hours:
Place: .
FORM OF BALLOT
This is a sample of the ballot to be used for the vote:
Mark "X" opposite your choice
IN YOUR EMPLOYMENT RELATIONS WITH
DO YOU WISH TO BE REPRESENTED BY
DR
OR
No employee organization
DO NOT SIGN, NUMBER, OR OTHERWISE MARK YOUR
BALLOT IN SUCH A WAY AS TO REVEAL YOUR IDENTITY.
VOTERS ARE ENTITLED TO VOTE WITHOUT INTERFERENCE, RESTRAINT OR COERCION.
THIS IS AN OFFICIAL NOTICE OF THE TRIBUNAL AND SHALL NOT BE REMOVED OR DEFACED.
Dated at this.
. day of .
., 19..
R.R.O. 1980, Reg. 232, Form 13.
Flli No. .
Form 14
Crown Employees Collective Bargaining Act
NOTICE OF REPORT OF RETURNING OFHCER BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
Applicant,
— and—
the Crown in right of Ontario,
Respondent,
— and—
Intervener.
To:
1. Attached hereto is a copy of my report upon the representation vote herein held on the
day of , 19 , under the direction of the Tribunal dated the day of ,
19
2.— (1) Take Notice that if you desire to make representations as to any matter relating to the representation vote, or as to the accuracy of
the report, or as to the conclusions the Tribunal should reach in view of the report, you shall send to the Tribunal a statement of desire to make
representations which shall,
(a) be in writing signed by the person making the statement or a representative;
(b) contain the names of the parties to the application;
207
Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258
(c) contain a return mailing address; and
(d) contain a statement as to whether you desire a hearing before the Tribunal in connection with the report.
(2) If you desire to make representations as to any matter relating to the representation vote, or as to the accuracy of the report, your state-
ment of desire shall contain a concise statement of your allegations concerning the representation vote or as to errors in or omissions from the
report.
(3) If you wish to make representations as to the conclusions the Tribunal should reach in view of the report, you shall include in your state-
ment a summary of the representations you wish the Tribunal to consider in connection with the report.
3. A statement referred to in paragraph 2 shall be sent to the Tribunal so that,
(a) it is received by the Tribunal not later than the day of ,
19 ;or
(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed not later
than the day of , 19
Dated at , this day of , 19
Returning Officer
R.R.O. 1980, Reg. 232, Form 14.
File No
Between:
Form 15
Crown Employees Collective Bargaining Act
NOTICE OF REPORT OF RETURNING OFFICER
WHERE TRIBUNAL HAS DIRECTED THAT BALLOT BOX
BE SEALED
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
—and —
the Crown in right of Ontario,
— and—
Applicant,
Respondent,
Intervener.
To:
1. Attached hereto is a copy of my report upon the representation vote herein held on the
day of , 19 , under the direction of the Tribunal dated the day of , 19
2. The Tribunal has directed that the ballot box containing the ballots cast in the representation vote be sealed and that the ballots shall not
be counted at this time.
3.— (1) Take Notice that if you desire to make representations, as to any matter relating to the representation vote, you shall send to the
Tribunal a statement of desire to make representations which shall,
(a) be in writing signed by the person making the statement or a representative;
(b) contain the names of the parties to the application;
(c) contain a return mailing address; and
(d) contain a statement as to whether you desire a hearing before the Tribunal.
(2) Your statement of desire shall contain a summary of the representations you wish the Tribunal to consider.
4. A statement referred to in paragraph 3 shall be sent to the Tribunal so that,
(a) it is received by the Tribunal not later than the day of , 19 ; or
208
Reg./Règl. 258
NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE
Reg./Règl. 258
(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed not later
than the day of , 19
Dated at .this day of , 19
Returning Officer
R.R.0. 1980, Reg. 232, Form 15.
FlΠNo. .
Form 16
Crown Employees Collective Bargaining Act
NOTICE OF REPORT OF RETURNING OFFICER
ON COUNTING OF BALLOTS
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
— and—
the Crown in right of Ontario,
— and—
To:
1. Attached hereto is a copy of my report upon the counting of the ballots in the representation vote herein held on the .
day of , 19 under the direction of the Tribunal dated the day of
Applicant,
Respondent,
Intervener.
.,19.,
2.— (1) Take Notice that if you desire to make representations as to the accuracy of the report, or as to the conclusions the Tribunal should
reach in view of the report, you shall send to the Tribunal a statement of desire to make representations which shall,
(a) be in writing signed by the person making the statement or a representative;
(b) contain the names of the parties to the application;
(c) contain a return mailing address; and
(d) contain a statement as to whether you desire a hearing before the Tribunal in connection with the report.
(2) If you desire to make representations as to the accuracy of the report, your statement of desire shall contain a concise statement of your
allegations concerning the errors in or omissions from the report.
(3) If you wish to make representations as to the conclusions the Tribunal should reach in view of the report, your statement shall contain a
summary of the representations you wish the Tribunal to consider in connection with the report.
3. A statement referred to in paragraph 2 shall be sent to the Tribunal so that,
(a) it is received by the Tribunal not later than the day of , 19 ; or
(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed not later than
the day of , 19
Dated at , this day of , 19
Returning Officer
R.R.0. 1980, Reg. 232, Form 16.
209
Reg./Règl. 258
CROWN EMPLOYEES COLLECTIVE BARGAINING
Reg./Règl. 258
File No. .
Between:
Form 17
Crown Employees Collective Bargaining Act
RETURN OF POSTING
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
— and—
Applicant,
Respondent.
(name)
. hereby declare that:
1. I am the , of the employer.
(office or position)
2. I did, on the day of ,19 , post upon the premises of the employer
(number)
notices to employees in this matter, in conspicuous places where they are most likely to come to the attention of all employees who may
be affected by the application.
Dated at , this .
. day of .
,19.
(signature)
Re:
I, have ascertained from employees affected
(name of representative)
by this application that the Notices to Employees (Form ) were posted by the employer on
(representative of applicant)
R.R.O. 1980, Reg. 232, Form 17.
Fii^ No. .
Between:
Form 18
Crown Employees Collective Bargaining Act
NOTICE OF HEARING
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
— and—
— and—
To:
Take Notice of the hearing by the Tribunal of
at Ontario, on day the , day of .
19 , at o'clock in the noon.
Dated this day of , 19
Applicant,
Respondent,
Intervener.
Registrar
R.R.O. 1980, Reg. 232, Form 18.
210
Reg./Règl. 258 NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE Reg./Règl. 258
Form 19
Crown Employees Collective Bargaining Act
NOTICE OF REPORT OF INQUIRY OFFICER
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
— and—
— and-
Applicant,
Respondent,
Intervener.
To:
I. Attached hereto is a copy of the report of upon the inquiry authorized under the Tribunal's direction, dated
the day of 19 , in this matter.
2.— (1) Take Notice that if you desire to make representations as to the accuracy of the report or as to the conclusions the Tribunal should
reach in view of the report, you shall send to the Tribunal a statement of desire to make representations which shall,
(a) be in writing signed by the person making the statement or by a representative;
(b) contain the names of the parties to the application;
(c) contain a return mailing address; and
(d) contain a statement as to whether you desire a hearing before the Tribunal in connection with the report.
(2) If you desire to make representations as to the accuracy of the report, your statement of desire shall contain a concise statement of your
allegations as to errors in or omissions from the report.
(3) If you wish to make representations as to the conclusions the Tribunal should reach in view of the report, your statement shall contain a
summary of the representations you wish the Tribunal to consider in connection with the report.
3. A statement referred to in paragraph 2 shall be sent to the Tribunal so that,
(a) it is received by the Tribunal not later than the day of , 19 , or
(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed not later
than the day of ,
19
Dated at .this day of , 19
Registrar
R.R.0. 1980, Reg. 232, Form 19.
FiΠNo.
Form 20
Crown Employees Collective Bargaining Act
APPLICATION FOR DECLARATION
TERMINATING REPRESENTATION RIGHTS
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
Applicant,
— and—
Respondent.
211
Reg./Règl. 258
CROWN EMPLOYEES COLLECTIVE BARGAINING
Reg./Règl. 258
The applicant applies to the Ontario Public Service Labour Relations Tribunal under section ,
(24,25)
no longer represents the employees in the bargaining unit for which it is the bargaining agent.
of the Act for a declaration that the respondent
The applicant states:
1. Address of applicant:
2. Address of applicant for service:
3. Address of respondent:
*4. Name of agency, if any, of employer of employees affected by the application:
5. Address of agency of employer:
•To be com-
pleted if appli-
cant is not
employer.
•Strike out this
paragraph if not
applicable.
6. Detailed description and geographic location of the unit of employees for which the respondent is the bargaining
agent, including the municipality or other geographic area affected:
7. Approximate number of employees in the unit described in paragraph 6:
8. Other relevant statements (attach additional pages if necessary):
*9. (Where the application is made under section 24 of the Act). The applicant submits with the application the document
or documents by which employees in the bargaining unit have voluntarily signified in writing that they no longer wish
to be represented by the respondent.)
Dated at .
, this .
. day of
.,19.,
(signature for the applicant)
R.R.O. 1980, Reg. 232, Form 20.
File No. .
Between:
Form 21
Crown Employees Collective Bargaining Act
NOTICE OF APPLICATION FOR DECLARATION
TERMINATING REPRESENTATION RIGHTS AND OF HEARING
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
-and-
Applicant,
Respondent.
To The Respondent:
1. Take Notice that the applicant, on , 19 , made an application to the Ontario Public Service Labour Rela-
tions Tribunal for a declaration that the respondent no longer represents the employees of the Crown in right of Ontario in the bargaining unit
described in the attached copy of the application.
2. The terminal date fixed for the application as directed by the Tribunal is the day of , 19
3. You shall send to the Tribunal your reply so that,
(a) it is received by the Tribunal not later than the terminal date shown in paragraph 2; or
(b) if it is mailed by registered mail addressed to the Tribunal at its office , Ontario, it is mailed not later
than the terminal date shown in paragraph 2.
4. And Further Take Notice of the hearing of the application by the Tribunal at , Ontario, on
day, the day of , 19 , at o'clock in the noon.
Dated this day of , 19
Registrar
R.R.O. 1980, Reg. 232, Form 21.
1
212
Reg./Règl. 258
NEGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE
Reg./Règl. 258
File No. ,
Between:
Form 22
Crown Employees Collective Bargaining Act
NOTICE TO EMPLOYEES OF APPLICATION FOR
DECLARATION TERMINATING REPRESENTATION RIGHTS
AND OF HEARING
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
-and-
Applicant,
Respondent.
Notice to Employees
1. Take Notice that the applicant, on , 19 , made to the Ontario Public Service Labour Relations Tribunal
an application for a declaration that the respondent no longer represents the employees in the following bargaining unit:
2. Your attention is directed to the following information contained in the application:
3. The hearing of the application by the Tribunal will take place at , Ontario, on day
of , 19 , at o'clock in the noon.
4. The terminal date fixed for this application as directed by the Tribunal is the day of , 19
5. Any employee or group of employees affected by the application and desiring to make representations to the Tribunal in opposition to
this application shall send to the Tribunal a statement in writing of such desire, which shall,
(a) contain the return mailing address of the employee or representative of a group of employees;
(b) contain the name of the agency, if any, of the employer concerned; and
(c) be signed by the employee or each member of a group of employees.
6. The statement of desire must,
(a) be received by the Tribunal not later than the terminal date shown in paragraph 4; or
(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, be mailed not later
than the terminal date shown in paragraph 4.
7. A statement of desire that does not comply with paragraphs 5 and 6 will not be accepted by the Tribunal.
8. Any employee or group of employees informing the Tribunal in writing of his, her or their desire in accordance with paragraphs 5 and 6
may attend and be heard at the hearing in person or by a representative. Any employee or representative who appears at the hearing will be
required to testify from personal knowledge and observation, as to (a) the circumstances concerning the origination of the material filed, and (b)
the manner in which each of the signatures was obtained.
Dated this day of .
., 19.,
Registrar
R.R.O. 1980, Reg. 232, Form 22.
213
Reg./Règl. 258
CROWN EMPLOYEES COLLECTIVE BARGAINING
Reg./Règl. 258
File No. .
Between:
Form 23
Crown Employees Collective Bargaining Act
REPLY TO APPLICATION FOR DECLARATION
TERMINATING REPRESENTATION RIGHTS
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
-and-
Applicant,
Respondent.
The respondent replies to the application for a declaration that the respondent no longer represents the employees in the bargaining unit for
which it is the bargaining agent as follows:
The respondent states:
1 . Correct name of respondent :
2. Address of respondent:
3. Addressof respondent for service:
*4. Name of agency of employer of employees affected by the application:
5 . Address of agency of employer:
*To be com-
pleted if appli-
cant is not the
employer.
*Strike out if not
applicable
6. Detailed description of the unit of employees for which the respondent is the bargaining agent, including the munici-
pality or other geographical area affected:
7. Approximate number of employees in the unit as of the date the application was made:
8. The date representation rights were granted, if any, of the respondent as bargaining agent of the employees in the unit:
*9. The respondent is or was a party to or bound by a collective agreement, a copy of which is enclosed herewith, with
that.
19..
(name of employer)
(a) was signed on the day of
(b) became effective on the day of
(c) contains the following provision relating to its termination or renewal:
10. Other relevant statements (use additional pages if necessary):
Dated at , this day of , 19
,19..
.; and
(signature for the respondent)
R.R.O. 1980, Reg. 232, Form 23.
File No. .
Between:
Form 24
Crown Employees Collective Bargaining Act
NOTICE OF APPLICATION FOR DECLARATION
TERMINATING REPRESENTATION RIGHTS AND OF HEARING
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
-and-
Applicant,
Respondent.
To:
214
Reg./Règl. 258
NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE
Reg./Règl. 258
1. Take Notice that the applicant, on , 19 made an application to the Ontario Public Service Labour Rela-
tions Tribunal for a declaration that the respondent no longer represents the employees in the bargaining unit described in the attached copy of
the application.
2. You are required to post the enclosed notices to employees of application and of hearing (Form 22) immediately. These notices are to be
posted in conspicuous places where they are most likely to come to the attention of all employees who may be affected by the application. You
shall keep them posted upon your premises until the terminal date for the application shown in paragraph 4.
3. You are required to complete and send to the Tribunal the Return of Posting (Form 17) which is attached hereto.
4. The terminal date fixed for this application as directed by the Tribunal is the day of , 19
5. You shall send to the Tribunal your intervention to this application as well as the material listed below so that,
(a) it is received by the Tribunal not later than the terminal date shown in paragraph 4; or
(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed not later
than the terminal date shown in paragraph 4:
i. A list arranged as in the schedule attached hereto of all employees in the bargaining unit described in the application as at
, 19 , the date when the applicant's application was made;
ii. Documents from among existing employment records containing signatures of the employees whose names appear on the
list referred to above, also arranged in alphabetical order.
6. You shall certify the list of employees by adding thereto the following statement:
"This list has been prepared by me or under my instruction and I hereby confirm the accuracy thereof."
(signature of officer)
7. And Further Take Notice of the hearing of the application by the Tribunal at , Ontario, on .
day, the day of , 19 , at o'clock in the
Dated this day of , 19
Registrar
Schedule
1. List (alphabetically arranged) of all employees in the bargaining unit described in the application of the applicant as at the .
day of ,19 (Do not include the names of employees that appear in paragraphs 2 or 3.)
Name
Occupational Classification
1.
2.
3.
4.
5.
2. List (alphabetically arranged) of all employees who were not actually at work on the
19 by reason of lay-off, in the bargaining unit described in the application of the applicant.
day of .
Name
Occupational
Classification
Date of
Lay-off
Expected Date
of Recall
1.
2.
3.
4.
5.
3. List (alphabetically arranged) of all employees not previously shown who were not at work on the .
in the bargaining unit described in the application of the applicant.
215
. day of
., 19.,
Reg./Règl. 258
CROWN EMPLOYEES COLLECTIVE BARGAINING
Reg./Règl. 258
Name
Occupational
Classification
Last Day
Worked
Reason for
Absence
Expected
Date of
Return
1.
2.
3.
4.
5.
1 ... R.R.0. 1980, Reg. 232, Form 24.
Form 25
Crown Employees Collective Bargaining Act
APPLICATION FOR EXEMPTION ON THE GROUNDS OF RELIGIOUS CONVICTION OR BELIEF FROM PAYMENT OF DUES
OR CONTRIBUTIONS TO AN EMPLOYEE ORGANIZATION AS PROVIDED IN A COLLECTIVE AGREEMENT BEFORE THE
ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
-and-
Applicant,
Respondent
Employee
Organization,
— and—
Respondent
Employer or
Agency of the
Employer
The applicant applies to the Ontario Public Service Labour Relations Tribunal for exemption on the grounds of religious conviction or belief
from payment of dues or contributions to an employee Organization in a collective agreement entered into between the employee organization
and the employer.
The applicant states:
1. Address of applicant for service:
2. Address of respondent employee organization:
3. The applicant has been and continues to be an employee of the respondent employer or agency of the employer since
the day of 19
*4. — (1) A collective agreement, a copy of which is appended hereto, was entered into between the employee organization
and the employer on the day of , 19 , and is operative from the
day of , 19 , to the day of 19
(2) The dues payment or contributions to an employee organization provision from which the applicant is seeking exemp-
tion is as follows:
*5. — (1) A collective agreement was entered into between the employee organization and employer but has not been made
available to the applicant.
(2) Under the terms of this collective agreement employees are required to pay dues or make contributions to the
employee organization.
6. The grounds upon which the applicant seeks exemption (state as concisely as possible the religious conviction or belief
for objecting to paying dues or making contributions to the employee organization):
•Strike out if not
applicable.
Dated at .
7. Other relevant statements:
, this
. day of .
,19.
(signature)
R.R.O. 1980, Reg. 232, Form 25.
216
Reg./Règl. 258
NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE
Reg./Règl. 258
File No. .
Between:
Form 26
Crown Employees Collective Bargaining Act
NOTICE OF APPLICATION FOR EXEMPTION FROM PAYMENT OF DUES OR CONTRIBUTIONS
TO AN EMPLOYEE ORGANIZATION AS PROVIDED IN A COLLECTIVE AGREEMENT
ON THE GROUNDS OF RELIGIOUS CONVICTION OR BELIEF AND OF HEARING
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
— and—
-and-
Applicant,
Respondent
Employee
Organization,
Respondent
Employer or
Representative
of the
Employer
To The Respondent:
1. Take Notice that the applicant, on the day of , 19 , made an application to
the Ontario Public Service Labour Relations Tribunal for exemption from the payment of dues or contributions to an employee organization pro-
vision in a collective agreement entered into between the employee organization and the employer. A copy of the application is attached.
2. You shall send your reply to this application accompanied by the collective agreement between the employee organization and the
employer to the Tribunal so that,
(a) it is received by the Tribunal; or
(b) if mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed,
not later than the day of , 19
3. If you fail to send your reply to the Tribunal so that,
(a) it is received by the Tribunal; or
(b) if mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed,
on or before the day of , 19 , the Tribunal may dispose of the application on the evidence
and representations placed before it by the applicant without further notice to you.
4. The hearing of the application by the Tribunal will take place at , Ontario, on day, the
day of , 19 , at o'clock in the noon.
Dated this day of , 19
Registrar
R.R.0. 1980, Reg. 232, Form 26.
File No
t
Form 27
Crown Employees Collective Bargaining Act
REPLY TO AN APPLICATION FOR EXEMPTIONS FROM DUES PAYMENT OF CONTRIBUTIONS
TO AN EMPLOYEE ORGANIZATION AS PROVIDED IN A COLLECTIVE AGREEMENT
ON THE GROUNDS OF RELIGIOUS CONVICTION OR BELIEF
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
Applicant,
217
— and—
Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258
— and—
Respondent
Employee
Organization
Respondent
Employer or
Representative
of the
Employer
The respondent replies to the application for exemption from the payment of dues or contributions to an employee organization provision in
a collective agreement between the employee organization and employer as follows:
1 . Correct name of respondent:
2. Address of respondent:
3. Address of respondent for service:
4. A collective agreement, a copy of which is enclosed, was entered into between the employee organization and the employer on the
day of , 19 , and is operative from the day of ,
19 , to the day of ,19
5. The provision respecting the payment of dues or contributions to an employee organization in the collective agreement is as follows:
6. The respondent replies to the application as follows:
Dated at , this day of , 19
(signature for the respondent)
R.R.O. 1980, Reg. 232, Form 27.
Form 28
Crown Employees Collective Bargaining Act
COMPLAINT UNDER SECTION 30 OF THE ACT
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
Complainant,
— and—
Respondent.
The complainant complains that the grievor(s) named in paragraph 5 has (have) been dealt with by the respondent contrary to the provisions
of section(s)
(specify relevant section(s) )
of the Crown Employees Collective Bargaining Act, and requests
that .
(state relief sought by grievor(s))
1. Name of complainant:
2. Address of complainant for service:
3. Name of respondent:
4. Address of respondent:
5. Name(s)of grievor(s):
6. Address(es) and telephone number(s) of grievor(s):
•Strike out if not *7. Name of any other person or organization that may be affected by the complaint:
applicable.
218
Reg./Règl. 258 NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE Reg./Règl. 258
8. Address of person, or organization that may be affected by the cotnplaint:
9. The following is a concise statement of the nature of each act or omission complained of (use additional sheets if
necessary).
On or about the grievor(s) was
(date of alleged violation)
(were) dealt with by
(the respondent where respondent is an individual)
(or name and position with respondent)
of the respondent contrary to the provisions of section(s)
of the Crown Employees Collective Bargaining Act in that he or she did on his or her own behalf or on behalf of the
respondent:
10. The following steps have been taken on behalf of the grievor($) for the adjustment of the matters giving rise to the
complaint (if none has been taken state the reason why):
11. The person or organization set out above in paragraph 7 is affected by the complaint for the following reason(s):
12. Other relevant statements:
Dated at , this day of , 19
(signature of complainant)
R.R.O. 1980, Reg. 232, Form 28.
Form 29
Crown Employees Collective Bargaining Act
COMPLAINT UNDER SECTION 32 OF THE ACT
(FAILURE TO COMPLY WITH THE TERMS OF SETTLEMENT OF PRIOR COMPLAINT)
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
Complainant,
— and—
Respondent.
The complainant complains that the respondent has not complied with the terms of settlement of complaint made under section 32 of the
Crown Employees Collective Bargaining Act contrary to subsection (5) of that section.
1. On a complaint under section 32
(date)
was filed with the Tribunal and on
(date)
the parties entered into a written settlement of that complaint (a signed copy of which is filed herewith).
2. The respondent has failed to comply with the terms of the settlement as follows:
(state how respondent has not complied with terms of settlement, giving full particulars)
3. Name of complainant:
4. Address of complainant for service:
5 . Name of respondent:
6. Address of respondent:
♦Strike out if not «7. Name of intervener:
applicable.
*8. Address of intervener:
9. Name(s)of grievor(s):
10. Address(es) or grievor(s):
219
Reg./Règl. 258
CROWN EMPLOYEES COLLECTIVE BARGAINING
Reg./Règl. 258
1 1 . The following steps have been taken on behalf of the complainant to obtain compliance with the terms of the settle-
ment:
12. Other relevant statements:
13. The complainant requests that the respondent be required to:
(state specific relief sought by grievor(s) )
Dated at , this .
. day of .
.,19..
(signature of complainant)
R.R.O. 1980, Reg. 232, Form 29.
File No.
Between:
Form 30
Crown Employees Collective Bargaining Act
NOTICE OF INQUIRY INTO COMPLAINT UNDER SECTION 32 OF THE ACT
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
-and—
Complainant,
Respondent.
to:
I. Take Notice that has been authorized by the Ontario Public Service Labour Relations Tribunal on the
. day of , 19 to inquire into the complaint of the complainant that
and to report to the Tribunal.
2. And Further Take Notice that the inquiry by
on day, the
in the noon.
Dated this day of
.... day of .
., 19
.,19.
o'clock
Registrar
R.R.O. 1980, Reg. 232, Form 30.
File No. .
Form 31
Crown Employees Collective Bargaining Act
REPLY TO COMPLAINT UNDER SECTION 32 OF THE ACT
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
220
Complainant,
Reg./Règl. 258
NEGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE
Reg./Règl. 258
— and—
The respondent States in reply to the complaint of the complainant as follows:
1 . Correct name of respondent:
2. Address of respondent:
3. Address of respondent for service:
4. Name, if any, of any other person or organization that may be affected by the complaint:
5. Address of person or organization that may be affected by the complaint:
6. The person or organization set out above in paragraph 4 is affected by the complaint for the following rea$on(s):
7. The respondent replies to the complaint as follows:
Dated at , this day of , 19
Respondent.
(signature for the respondent)
R.R.O. 1980, Reg. 232, Form 31.
File No.
Between:
Form 32
Crown Employees Collective Bargaining Act
INTERVENTION IN COMPLAINT UNDER SECTION 32 OF THE ACT
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
-and—
(name of intervener)
in this proceeding.
1. The intervener states:
(a) address of intervener:
(b) address of intervener for service:
2. The intervener claims to be affected by the complaint for the following reason(s):
3. The intervener desires to make the following submissions:
Dated at , this day of , 19..
Complainant,
Respondent.
.... intervenes
(signature for the intervener)
R.R.O. 1980, Reg. 232, Form 32.
File No. .
Between:
Form 33
Crown Employees Collective Bargaining Act
NOTICE OF REPORT OF ADJUDICATOR OR INVESTIGATOR
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
221
Applicant,
Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258
— and—
Respondent,
— and—
Intervener.
To:
1. Attached hereto is a copy of the report of upon the inquiry authorized under the Tribunal's direction, dated
the , 19 in this matter.
2.— (1) Take Notice that if you desire to make representations as to the accuracy of the report or as to the conclusions the Tribunal should
reach in view of the report, you shall send to the Tribunal a statement of desire to make representations which shall,
(a) be in writing signed by the person making the statement or a representative;
(b) contain the names of the parties to the application;
(c) contain a return mailing address; and
(d) contain a statement as to whether you desire a hearing before the Tribunal in connection with the report.
(2) If you desire to make representations as to the accuracy of the report, your statement of desire shall contain a concise statement of your
allegations as to errors in or omissions from the report.
(3) If you wish to make representations as to the conclusions the Tribunal should reach in view of the report, your statement shall contain a
summary of the representations you wish the Tribunal to consider in connection with the report.
3. A statement referred to in paragraph 2 shall be sent to the Tribunal so that,
(a) It is received by the Tribunal not later than the day of , 19 ; or
(b) if it is mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is
mailed not later than the day of , 19
Dated at , this day of , 19
Registrar
R.R.O. 1980, Reg. 232, Form 33.
Form 34
Crown Employees Collective Bargaining Act
APPLICATION FOR DECLARATION THAT
EMPLOYEE ORGANIZATION HAS DECLARED OR AUTHORIZED A STRIKE
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
Applicant,
— and—
Respondent.
The applicant applies to the Ontario Public Service Labour Relations Tribunal for a declaration that the respondent has declared or autho-
rized a strike contrary to section 31 of the Act.
The applicant states:
1. Address of applicant:
2. Address of applicant for service:
3. Address of respondent:
4. The material facts upon which the applicant intends to rely in support of the allegation are as follows:
Dated at , this day of , 19
222
Reg./Règl. 258
NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE
Reg./Règl. 258
(signature for the applicant)
R.R.O. 1980, Reg. 232, Form 34.
Form 35
Crown Employees Collective Bargaining Act
APPLICATION FOR DECLARATION THAT EMPLOYEES ARE ENGAGING IN A STRIKE
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
Applicant,
— and—
Respondents.
The applicant applies to the Ontario Public Service Labour Relations Tribunal for a declaration that employees of the applicant are engaging
in a strike contrary to section 27 of the Act.
The applicant states:
1 . Address of applicant:
2. Address of applicant for service:
3. Addresses of respondents:
4. The material facts upon which the applicant intends to rely in support of the allegation are as follows:
Dated at .this day of , 19
(signature for the applicant)
R.R.O. 1980, Reg. 232, Form 35.
Form 36
Crown Employees Collective Bargaining Act
APPLICATION FOR DECLARATION THAT EMPLOYER HAS CAUSED LOCK-OUT
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
Applicant,
— and—
Respondent.
The applicant applies to the Ontario Public Service Labour Relations Tribunal for a declaration that the respondent has caused a lock-out
contrary to section 27 of the Act.
The applicant states:
1 . Address of applicant:
2. Address of applicant for service:
3. Address of respondent:
4. The material facts upon which the applicant intends to rely in support of the allegation are as follows:
Dated at , this day of , 19
(signature for the applicant)
R.R.O. 1980, Reg. 232, Form 36.
223
Reg./Règl. 258
CROWN EMPLOYEES COLLECTIVE BARGAINING
Reg./Règl. 258
File No.
Form 37
Crown Employees Collective Bargaining Act
NOTICE OF APPLICATION FOR DECLARATION AS TO STRIKE OR LOCK-OUT
OR FOR CONSENT TO INSTITUTE PROSECUTION AND OF HEARING
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
-and-
Applicant,
Respondent.
To The Respondent,
1. Take Notice that the applicant, on , 19 , made to the Ontario Public Service Labour Relations Tribunal
an application, a copy of which is attached, for
2. You shall send to the Tribunal your reply, if any, to this application, so that,
(a) it is received by the Tribunal; or
(b) if mailed by registered mail addressed to the Tribunal at its office, , Ontario, it is mailed not later
than the day of , 19
3. And Further Take Notice of the hearing of the application by the Tribunal at , Ontario, on
day, the day of ., 19 , at o'clock.
Dated this day of , 19
Registrar
R.R.O. 1980, Reg. 232, Form 37.
File No.
Between:
•Strike out if not
applicable.
Dated at ,
Form 38
Crown Employees Collective Bargaining Act
REPLY TO APPLICATION FOR DECLARATION AS TO STRIKE OR LOCK-OUT
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
-and-
*strike
The respondent states in reply to the application for a declaration as to the ,. , as follows:
1 . Correct name of respondent:
2. Address of respondent:
3. Address of respondent for service:
4. The respondent replies to the application as follows:
,this day of , 19
Applicant,
Respondent.
224
Reg./Règl. 258
NEGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE
Reg./Règl. 258
(signature for the respondent)
R.R.O. 1980, Reg. 232, Form 38.
Form 39
Crown Employees Collective Bargaining Act
APPLICATION FOR CONSENT TO INSTITUTE PROSECUTION
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
-and-
Applicant,
Respondent.
The applicant applies to the Ontario Public Service Labour Relations Tribunal for consent to institute a prosecution of the respondent for an
offence under the Act.
The applicant states:
1 . Address of applicant:
2. Addressof applicant for service:
3. Addressof respondent:
4. The nature of the alleged offence:
5. The date of commencement of the alleged offence:
6. The material facts upon which the applicant intends to rely as establishing the offence are as follows:
Dated at .this day of , 19
(signature for the applicant)
R.R.O. 1980, Reg. 232, Form 39.
File No.
Between:
»
Form 40
Crown Employees Collective Bargaining Act
REPLY TO APPLICATION FOR CONSENT TO INSTITUTE PROSECUTION
BEFORE THE ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
— and-
The respondent states in reply to the application for consent to prosecute for an offence under the Act as follows:
1 . Correct name of respondent:
2. Address of respondent for service:
3. Address of respondent:
4. The respondent replies to the application as follows:
Dated at , this day of , 19
225
Applicant,
Respondent.
Reg./Règl. 258 CROWN EMPLOYEES COLLECTIVE BARGAINING Reg./Règl. 258
(signature for the respondent)
R.R.O. 1980, Reg. 232, Form 40.
Form 41
Crown Employees Collective Bargaining Act
In the matter of a decision of the Grievance Settlement Board under section 19 of the Crown Employees Collective Bargaining Act.
Between:
Complainant,
— and—
Respondent.
To: The Ontario Court (General Division):
1. I, being a
(name)
(Party, employer, employee organization or employee)
affected by the decision of the Grievance Settlement Board under section 19 of the Crown Employees Collective Bargaining Act, files the
decision under that section.
2. The decision was made under the following circumstances:
i. Members of the Grievance Settlement Board:
ii. Appearances for Complainant:
iii. Appearances for Respondent:
iv. Date and Place of Hearing:
v. Date of Decision:
vi. Dateof Release of Decision:
vii. Date Provided in Decision for Compliance:
3. The decision, exclusive of the reasons therefor, reads as follows:
4. The respondent has failed to comply with the decision.
Dated at , this day of , 19
I certify that the copy of the decision is a true copy and the particulars set out herein are within my knowledge and accurate.
(signature of person filing the decision or,
where person filing is an employee organization,
of an officer authorized in that behalf)
I
R.R.O. 1980, Reg. 232, Form 41, revised.
Form 42
Crown Employees Collective Bargaining Act
STATEMENT OF TRUSTEESHIP OVER EMPLOYEE ORGANIZATION TO THE
ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
■
1
(name of parent body filing statement) i
having assumed supervision or control over
(name of subordinate employee organization)
submits the following information to The Ontario Public Service Labour Relations Tribunal under section 46 of the Crown Employees Collective
Bargaining Act:
1 . Head office address of parent body that has assumed supervision or control:
226
à
Reg./Règl. 258
NÉGOCIATION COLLECTIVE DES EMPLOYÉS DE LA COURONNE
Reg./Règl. 258
2. Address for service of the parent body:
3. Address of the suborditiate employee organization:
4. Date on which supervision or control was assumed:
5.— (1) Name(s) and address(es) of person(s) appointed to exercise supervision or control over subordinate employee organization:
(2) The appointment made,
(a) if by the executive or other body by (the name of the body and the names and official positions of the persons composing the
body):
(b) if by an individual or individuals by (the name(s) and official position(s) of such person(s) ):
6. Period of time during which supervision or control is to be exercised:
7.— (1) Detailed statement of the terms under which supervision or control is to be exercised (give the provisions of any document, includ-
ing the constitution or by-laws, appointing a supervisor or controller and defming the terms under which supervision or control is to be
exercised):
(2) The provisions, if any, that have been made in the terms under which supervision or control is to be exercised for,
(a) the holding of membership meetings of the subordinate employee organization:
(b) the representation of members of the subordinate employee organization at conferences and conventions of the employee orga-
nization that has assumed supervision or control over the subordinate employee organization:
Dated at , this .
. day of .
., 19.,
(signatures of principal officers)
R.R.O. 1980, Reg. 232, Form 42.
Form 43
Crown Employees Collective Bargaining Act
ONTARIO PUBLIC SERVICE LABOUR RELATIONS TRIBUNAL
Between:
— and—
— and—
Applicant,
Respondent,
Intervener.
I,,
of
of
of the.
. in the .
(occupation)
make oath and say as follows:
I did on day, the day of , 19 ,
personally serve with the attached summons by delivering a true copy of the summons to and leaving it with him or
Herat together with $ as attendance money.
227
Reg./Règl. 258
CROWN EMPLOYEES COLLECTIVE BARGAINING
Reg./Règl. 259
Sworn before me at the )
)
of )
)
this
19...
day of
R.R.O. 1980, Reg. 232, Form 43, revised.
REGULATION 259
RULES OF PROCEDURE
Interpretation
1.— (1) In these Rules,
"file" means, except where otherwise stated, file with the Tribunal;
"registrar" means the registrar of the Tribunal;
"respondent" means the person named in an application or com-
plaint or added as a respondent by the Tribunal.
(2) Where a period of time is prescribed by these Rules and is
expressed as a number of days, holidays and Saturdays shall not be
counted in the computation of the period. R.R.O. 1980, Reg. 233,
s. 1.
Applications
2. Where an application is made to the Tribunal, the registrar
shall fix a terminal date for the application which shall be not less
than ten days and not more than thirty days, as directed by the Tri-
bunal, after,
(a) the day on which the registrar serves the employer with
notice of application for posting, where it is personally
served; or
(b) the day immediately following the day on which the regis-
trar mails the notice of application to the employer for post-
ing, where it is served by mail. R.R.O. 1980, Reg. 233,
s. 2.
Representation Rights
3. An application for representation rights as bargaining agent
shall be made in quadruplicate in Form 4 of Regulation 258 of
Revised Regulations of Ontario, 1990 and shall be accompanied by
the statement of the employee organization in Form 1 of the said
Regulation, the statement of income and expenditure in Form 2 of
the said Regulation and the affidavit in Form 3 of the said
Regulation. R.R.O. 1980, Reg. 233, s. 3.
4.— (1) The registrar shall serve the applicant with a notice of the
fixing of the terminal date for the application in Form 5 of Regula-
tion 258 of Revised Regulations of Ontario, 1990.
(2) The registrar shall serve the respondent with,
(a) a copy of the application;
(b) a notice of application and of hearing in Form 6 of Regula-
tion 258 of Revised Regulations of Ontario, 1990; and
(c) an appropriate number of notices of application in Form 7
of Regulation 258 of Revised Regulations of Ontario, 1990
for posting. R.R.O. 1980, Reg. 233, s. 4.
5. The applicant shall, not later than the second day after the ter-
minal date for the application, file a declaration concerning member-
ship documents in Form 8 of Regulation 258 of Revised Regulations
of Ontario, 1990. R.R.O. 1980, Reg. 233, s. 5.
6.— (1) The respondent shall file a reply in quadruplicate in Form
9 of Regulation 258 of Revised Regulations of Ontario, 1990 not
later than the terminal date for the application and the reply shall be
accompanied by a copy of any existing or recently expired collective
bargaining agreement that is or was recently binding upon the
respondent in the bargaining unit claimed by either the application
or the respondent to be appropriate.
(2) The respondent shall file with its reply documents, from
among existing employment records, containing the signatures of the
employees whose names appear on the list of employees in the bar-
gaining unit arranged as in the Schedule to Form 9 of Regulation 258
of Revised Regulations of Ontario, 1990.
(3) The accuracy of the list of employees in the Schedule to Form
9 of Regulation 258 of Revised Regulations of Ontario, 1990 shall be
certified by an officer of the employer or by an officer of the agency
of the employer, as the case requires, by his or her signature at the
foot or end of the Schedule.
(4) Where the respondent proposes a bargaining unit different
from the one proposed by the applicant, the respondent, or the body
representing the respondent, shall indicate on the list of employees
in the Schedule to Form 9 of Regulation 258 of Revised Regulations
of Ontario, 1990 the name and classification of any person the
respondent proposes should be excluded from, as well as the name
and classification of any person the respondent proposes should be
added to the bargaining unit proposed by the applicant and shall file
with the Tribunal documents containing the signatures of any such
additional person. R.R.O. 1980, Reg. 233, s. 6.
7. The registrar shall serve upon any employee organization
named in the application or reply as claiming, or known to the regis-
trar as claiming, to be the bargaining agent of or to represent any
employees who may be affected by the application a copy of the
application and a notice of application in Form 10 of Regulation 258
of Revised Regulations of Ontario, 1990. R.R.O. 1980, Reg. 233,
s. 7.
8.— (1) An employee organization that is served with a notice of
application or that claims to represent or to be the bargaining agent
of any employees who may be affected by the application shall file its
intervention, if any, in quadruplicate in Form 11 of Regulation 258 of
Revised Regulations of Ontario, 1990 not later than the terminal
date for the application.
(2) Where an employee organization referred to in subsection (1)
claims to be the bargaining agent of any employees who may be
affected by the application and is or was recently bound by a collec-
tive agreement with the respondent, it shall file a copy of the collec-
tive agreement. R.R.O. 1980, Reg. 233, s. 8.
9.— (1) An employee organization desiring representation rights
as bargaining agent of employees who may be affected by the appli-
cation shall file a notice of intervention and application for represen-
tation rights in quadruplicate in Form 12 of Regulation 258 of
Revised Regulations of Ontario, 1990 not later than the terminal
date for the application that shall be accompanied by a declaration
concerning membership documents in Form 8 of the said Regulation.
I
228
Reg./Règl. 259
NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE
Reg./Règl. 259
(2) Section 2 does not apply to a notice and application under
subsection (1).
(3) The registrar shall serve the employer with copies of the
notice and application filed under subsection (1) for posting.
R.R.O. 1980, Reg. 233, s. 9.
Evidence as to Representation
persons whose eligibility to vote has been challenged by a
party or is in doubt and generally for the proper conduct of
the vote;
(i) take the vote by secret ballot on the premises of the
employer during working hours if practicable or, if not
practicable, in any other manner or place approved by the
Tribunal; and
10.— (1) Evidence of membership in an employee organization or
of objection by employees to representation rights of an employee
organization or of signification by employees that they no longer
wish to be represented by an employee organization shall not be
accepted by the Tribunal on an application for representation rights
or for a declaration terminating rights unless the evidence is in writ-
ing, signed by the employee or each member of a group of employ-
ees, as the case may be, and,
(a) is accompanied by,
(i) the return mailing address of the person who files the
evidence, objection or signification, and
(ii) the name of the body, if any, representing the
employer; and
(b) is filed not later than the terminal date for the application.
(2) No oral evidence of membership in an employee organization
or of objection by employees to representation rights of an employee
organization or of signification by employees that they no longer
wish to be represented by an employee organization shall be
accepted by the Tribunal except to identify and substantiate the writ-
ten evidence referred to in subsection (1).
(3) Any employee or group of employees affected by an applica-
tion for representation rights or by a declaration of termination of
representation rights and desiring to make representations to the Tri-
bunal in opposition to the application may file a statement in writing
of such desire in the form prescribed by subsection (1) not later than
the terminal date for the application.
(4) An employee or group of employees who has filed a state-
ment of desire in the form and manner required by this section may
appear and be heard at the hearing or at any hearing directed by the
Tribunal, in person or by a representative. R.R.O. 1980, Reg. 233,
s. 10.
Representation Votes
11. Where the Tribunal directs the taking of a representation vote
and refers the matter to the registrar, the registrar may, subject to
the provisions of the reference,
(a) settle the list of employees to be used for the purposes of
the vote;
(b) settle the form of the ballot;
(c) settle the date and hour for the taking of the vote;
(d) set the number and location of the polling places;
(e) prepare notices of the taking of the vote in Form 13 of Reg-
ulation 258 of Revised Regulations of Ontario, 1990 and
direct posting thereof by the employer on the employer's
premises;
(f) act as the returning officer or appoint a returning officer;
(g) appoint such deputy returning officers and poll clerks as the
registrar deems necessary;
(h) give any directions the registrar considers necessary for the
disposition of improperly marked ballots and of ballots of
(j) direct all interested persons to refrain and desist from pro-
paganda and electioneering during the day or days the vote
is taken. R.R.O. 1980, Reg. 233, s. II.
12.— (1) Subject to subsection (2), the returning officer shall,
upon the completion of the vote,
(a) prepare a report of the vote;
(b) serve a copy of the report together with a notice of the
report in Form 14 or 15, as the case requires, of Regulation
258 of Revised Regulations of Ontario, 1990 upon each of
the parties;
(c) serve the employer with an appropriate number of copies of
the report and the notice; and
(d) file a copy of the report.
(2) Where the Tribunal or the registrar directs that the ballot box
be sealed and that the ballots be not counted pending a further direc-
tion by the Tribunal and the Tribunal subsequently directs that the
ballots be counted, the returning officer shall, upon completion of
the counting of the ballots,
(a) prepare a report of the vote;
(b) serve a copy of the report together with a notice of the
report in Form 16 of Regulation 258 of Revised Regulations
of Ontario, 1990 upon each of the parties;
(c) serve the employer with an appropriate number of copies of
the report and the notice; and
(d) file a copy of the report.
(3) The employer shall post the copies of the report and notice
immediately upon their receipt and keep them posted upon the
employer's premises in conspicuous places where they are most likely
to come to the attention of all employees who may be affected by the
application until the expiration of the twelfth day after the day on
which the returning officer served the employer with copies of the
report and the notice.
(4) Immediately after the employer has posted the copies of the
report and notice under subsection (3), the employer or the body
shall file a return of posting in Form 17 of Regulation 258 of Revised
Regulations of Ontario, 1990. R.R.O. 1980, Reg. 233, s. 12.
13.— (1) Subject to subsection (3), where a representation vote is
taken,
(a) a party; or
(b) any employee or representative of a group of employees,
who desires to make representations as to any matter relating to the
representation vote, or as to the accuracy of the report of the return-
ing officer, or as to the conclusions the Tribunal should reach in view
of the report, shall file a statement of desire as mentioned in Form 14
or 15, as the case may be, of Regulation 258 of Revised Regulations
of Ontario, 1990 on or before the last day for the posting of the
copies of the report and notices under subsection 12 (3).
(2) Where a representation vote is taken in connection with a
229
Reg./Règl. 259
CROWN EMPLOYEES COLLECTIVE BARGAINING
Reg./Règl. 259
direction that the ballot box be sealed and the Tribunal subsequently
directs that the ballots be counted,
(a) a party; or
(b) any employee or representative of a group of employees,
who desires to make representations as to the accuracy of
the report of the returning officer on the counting of the
ballots or the conclusions the Tribunal should reach in view
of the report, shall file a statement of desire as mentioned
in Form 16 of Regulation 258 of Revised Regulations of
Ontario, 1990, on or before the last day of the posting of
the copies of the report and notices under subsection 12 (3).
(3) Upon receiving a statement of desire to make representation
in the form and manner required by this section that contains a state-
ment that a party or any employee or representative of a group of
employees desires a hearing before the Tribunal, the registrar shall
serve a notice of hearing in Form 18 of Regulation 258 of Revised
Regulations of Ontario, 1990 upon each of the parties to the pro-
ceedings and upon each person who has filed a statement.
(4) Where no statement of desire to make representations has
been filed in the form and manner required by this section, or no
such statement that has been filed states that a party, employee or
representative of a group of employees desires a hearing before the
Tribunal, the Tribunal may dispose of the application upon the mate-
rial then before it without further notice to any party or to the
employees. R.R.O. 1980, Reg. 233, s. 13.
Inquiry Officers
14.— (1) In this section, "inquiry officer" means a person, other
than a person making an inquiry under section 32 of the Act, autho-
rized by the Tribunal to inquire into and report upon any matter
arising out of a proceeding before the Tribunal.
(2) An inquiry officer shall file his or her report immediately
upon its completion and where the Tribunal so directs, the registrar
shall serve upon each of the parties to the proceeding and, in the case
of an application for representation rights or for a declaration termi-
nating bargaining rights, upon any employee or representative of a
group of employees who appeared at the hearing of the application,
a copy of the report and a notice of the report in Form 19 of Regula-
tion 258 of Revised Regulations of Ontario, 1990.
(3) Any person who is served with a notice of the report and
desires to make representations concerning the report shall file a
statement of desire as mentioned in Form 19 of Regulation 258 of
Revised Regulations of Ontario, 1990 not later than the twelfth day
after,
(a) the day on which the registrar served the notice of the
report, where it was served personally; or
(b) the day immediately following the day on which the regis-
trar mailed the notice of the report, where it was served by
mail.
(4) Where no statement of desire to make representations has
been filed in the form and manner required by subsection (3), or any
such statement that has been filed does not state that a party,
employee or representative of a group of employees desires a hear-
ing before the Tribunal, the Tribunal may dispose of the application
upon the material before it without further notice to any party or to
the employees.
(5) Where a statement of desire to make representations is filed
in the form and manner required by this section and the person filing
the statement states that the person desires a hearing, or where the
Tribunal so directs, the registrar shall serve each of the parties to the
proceedings with a notice of hearing in Form 18 of Regulation 258 of
Revised Regulations of Ontario, 1990. R.R.O. 1980, Reg. 233,
s. 14.
Termination of Representation Rights
15. An application for a declaration of termination of representa-
tion rights shall be made in quadruplicate in Form 20 of Regulation
258 of Revised Regulations of Ontario, 1990. R.R.O. 1980, Reg.
233, s. 15.
16.— (1) The registrar shall serve the applicant with a notice of the
fixing of the terminal date for the application in Form 5 of Regula-
tion 258 of Revised Regulations of Ontario, 1990.
(2) The registrar shall serve the respondent with,
(a) a copy of the application; and
(b) a notice of application and of hearing in Form 21 of Regula-
tion 258 of Revised Regulations of Ontario, 1990.
(3) The registrar shall serve the employer with an appropriate
number of notices of application in Form 22 of Regulation 258 of
Revised Regulations of Ontario, 1990 for posting. R.R.O. 1980,
Reg. 233, s. 16.
17. A respondent shall file a reply in quadruplicate in Form 23 of
Regulation 258 of Revised Regulations of Ontario, 1990 not later
than the terminal date for the application. R.R.O. 1980, Reg. 233,
s. 17.
18.— (1) Where the application is made by a person other than the
employer, the registrar shall serve the employer with a copy of the
application and a notice of application and of hearing in Form 24 of
Regulation 258 of Revised Regulations of Ontario, 1990.
(2) The employer, when a copy of an application and a notice of
application and of hearing are served as set out in subsection (1) shall
file an intervention, if any, in quadruplicate in Form 11 of Regula-
tion 258 of Revised Regulations of Ontario, 1990 not later than the
terminal date for the application.
(3)
file.
Where the employer files an intervention, the employer shall
(a) a list arranged as in the Schedule to Form 24 of Regulation
258 of Revised Regulations of Ontario, 1990 of all employ-
ees in the bargaining unit described in the application as at
the date when the application was made; and
(b) documents arranged in alphabetical order from among
existing employment records containing signatures of the
employees whose names appear on the list referred to in
clause (a),
and the accuracy of the list of employees shall be certified by an offi-
cer of the employer or by an officer of the agency of the employer, as
the case requires, by his or her signature at the foot or end of the list.
R.R.O. 1980, Reg. 233, s. 18.
Exemption from Payment of Dues or Contributions to an
Employee Organization Provisions of a Collective
Agreement
19.— (1) An application for exemption from a payment of dues or
contributions to an employee organization provision in a collective
agreement on the grounds of religious conviction or belief shall be
made in quadruplicate in Form 25 of Regulation 258 of Revised Reg-
ulations of Ontario, 1990.
(2) Section 2 does not apply to an application under subsection
(1). R.R.O. 1980, Reg. 233, s. 19.
20. The registrar shall serve the employee organization and the
employer or the body that represents the employer, as the case
requires, with a copy of the application and a notice of application
and of hearing in Form 26 of Regulation 258 of Revised Regulations
of Ontario, 1990 and shall serve the applicant with a notice of hear-
230
Reg./Règl. 259
NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE
Reg./Règl. 259
ing in Form 18 of Regulation 258 of Revised Regulations of Ontario,
1990. R.R.O. 1980, Reg. 233, s. 20.
21.— (1) The employee organization and the employer or the
body that represents the employer, as the case requires, shall file
their replies in quadruplicate in Form 27 of Regulation 258 of
Revised Regulations of Ontario, 1990 not later than the twelfth day
after,
(a) the day on which the registrar served the notice of applica-
tion and of hearing, where it was served personally; or
(b) the day immediately following the day on which the regis-
trar mailed the notice of application and of hearing, where
it was served by mail.
(2) Each reply shall be accompanied by a copy of the collective
agreement in operation between the employee organization and
employer at the date of the application. R.R.O. 1980, Reg. 233,
s. 21.
Complaint under Section 32 of the Act
22. A complaint under section 32 of the Act shall be made in qua-
druplicate in Form 28 or 29, as the case requires, of Regulation 258
of Revised Regulations of Ontario, 1990. R.R.O. 1980, Reg. 233,
s. 22.
23. Where the Tribunal authorizes an investigator to inquire into
a complaint, the investigator shall deliver a copy of the complaint to,
(a) the person against whom the complaint is made;
(b) each interested person named in the complaint; and
(c) such other persons as the Tribunal may direct. R.R.O.
1980, Reg. 233, s. 23.
24.— (1) Where the Tribunal inquires into the complaint by means
of a hearing by the Tribunal, the registrar shall serve,
(a) the complaint;
(b) the person against whom the complaint is made;
(c) each interested person named in the complaint; and
(d) such other persons as the Tribunal may direct,
with a notice of hearing in Form 18 of Regulation 258 of Revised
Regulations of Ontario, 1990 and where a copy of the complaint has
not been previously served upon such persons other than the com-
plainant the registrar shall also serve a copy of the complaint upon
them.
(2) Where the Tribunal, pursuant to clause 41(1) (d) of the Act,
authorizes an adjudicator to inquire into the complaint and report to
the Tribunal, the registrar shall serve,
(a) the complainant;
(b) the person against whom the complaint is made;
(c) each interested person named in the complaint; and
(d) such other person as the Tribunal may direct,
with a notice of inquiry in Form 30 of Regulation 258 of Revised
Regulations of Ontario, 1990.
(3) The person against whom the complaint is made shall file a
reply, if any, in quadruplicate in Form 31 of Regulation 258 of
Revised Regulations of Ontario, 1990 not later than the twelfth day
after.
(a) the day on which the registrar served the notice of hearing
or inquiry, where it was served personally; or
(b) the day immediately following the day on which the regis-
trar mailed the notice or inquiry, where it was served by
mail.
(4) A person, other than the person against whom the complaint
is made, who has been served with a copy of the complaint and
notice of hearing, shall file an intervention, if any, in quadruplicate
in Form 32 of Regulation 258 of Revised Regulations of Ontario,
1990 not later than the twelfth day after,
(a) the day on which the registrar served the notice of hearing
or inquiry, where it was served personally; or
(b) the day immediately following the day on which the regis-
trar mailed the notice of hearing or inquiry, where it was
served by mail. R.R.O. 1980, Reg. 233, s. 24.
25. — (1) The registrar shall serve a copy of the report of an adju-
dicator or investigator authorized to inquire into the complaint,
together with a notice of the report in Form 33 of Regulation 258 of
Revised Regulations of Ontario, 1990, upon each of the persons
served with the notice of inquiry.
(2) Any person served with the notice of inquiry who desires to
make representation concerning the report shall file a statement of
desire as mentioned in Form 33 of Regulation 258 of Revised Regu-
lations of Ontario, 1990 not later than the twelfth day after,
(a) the day on which the registrar served the person with the
notice of report, where it was served personally; or
(b) the day immediately following the day on which the regis-
trar mailed the notice of report to the person, where it was
served by mail.
(3) Where the registrar receives a statement of desire to make
representations in the form and manner required by this section, or
where the Tribunal so directs, the registrar shall serve each of the
persons served with a notice of inquiry with a notice of hearing by
the Tribunal in Form 18 of Regulation 258 of Revised Regulations of
Ontario, 1990. R.R.O. 1980, Reg. 233, s. 25.
Declaration as to Strike or Lock-Out
26.— (1) An application for a declaration that an employee orga-
nization has declared or authorized a strike or that employees are
engaging in a strike shall be made in quadruplicate in Form 34 or 35,
as the case requires, of Regulation 258 of Revised Regulations of
Ontario, 1990.
(2) An application for a declaration that the employer has
declared or authorized a lock-out or is engaging in a lock-out shall be
made in quadruplicate in Form 36 of Regulation 258 of Revised Reg-
ulations of Ontario, 1990.
(3) Section 2 does not apply to an application under subsection
(1) or (2). R.R.O. 1980, Reg. 233, s. 26.
27. The registrar shall serve each respondent with,
(a) a copy of the application; and
(b) a notice of application and of hearing in Form 37 of Regula-
tion 258 of Revised Regulations of Ontario, 1990. R.R.O.
1980, Reg. 233, s. 27.
28. A respondent may reply by filing a reply in quadruplicate in
Form 38 of Regulation 258 of Revised Regulations of Ontario, 1990
not later than the sixth day after,
(a) the day on which the registrar served the respondent with
the notice of application, where it was served personally; or
231
Reg./Règl. 259
CROWN EMPLOYEES COLLECTIVE BARGAINING
Reg./Règl. 259
(b) the day immediately following the day on which the regis-
trar mailed the notice of application to the respondent,
where it was served by mail. R.R.O. 1980, Reg. 233,
s. 28.
Consent to Institute Prosecution
29.— (1) An application for consent to institute a prosecution shall
be made in quadruplicate in Form 39 of Regulation 258 of Revised
Regulations of Ontario, 1990.
(2) Section 2 does not apply to an application under subsection
(3) The registrar shall serve each respondent with,
(a) a copy of the application; and
(b) a notice of application and of hearing in Form 37 of Regula-
tion 258 of Revised Regulations of Ontario, 1990. R.R.O.
1980, Reg. 233, s. 29.
30. A respondent may reply by filing a reply in quadruplicate in
Form 40 of Regulation 258 of Revised Regulations of Ontario, 1990
not later than the sixth day after,
(a) the day on which the registrar served the respondent with
the notice of application, where it was served personally; or
(b) the day immediately following the day on which the regis-
trar mailed the notice of application to the respondent,
where it was served by mail. R.R.O. 1980, Reg. 233,
s. 30.
Particulars
31.— (1) Where a person intends to allege, at the hearing of an
application or complaint, improper or irregular conduct by any per-
son, the person shall,
(a) include in the application or complaint; or
(b) file a notice of intention that shall contain,
a concise statement of the material facts, actions and omissions upon
which the person intends to rely as constituting such improper or
irregular conduct, including the time when and the place where the
actions or omissions complained of occurred and the names of the
persons who engaged in or committed them, but not the evidence by
which the material facts, actions or omissions are to be proved, and,
where the person alleges that the improper or irregular conduct con-
stitutes a violation of any provision of the Act, the person shall
include a reference to the section or sections of the Act containing
such provision.
(2) Where, in the opinion of the Tribunal a person has not filed
notice of intention promptly upon discovering the alleged improper
or irregular conduct, the person shall not adduce evidence at the
hearing of the application of such facts, except with the consent of
the Tribunal and, if the Tribunal considers it advisable to give such
consent, it may do so upon such terms and conditions as it considers
advisable.
(3) Where a statement in an application or complaint or in any
document in respect of the application or complaint is so indefinite
or incomplete as to hamper any person in the preparation of the per-
son's case, the Tribunal may, upon the request of the person made
promptly upon receipt of the application, complaint or document,
direct that the information stated be made specific or complete and,
if the person so directed fails to comply with the direction, the Tribu-
nal may strike the statement from the application, complaint or doc-
ument.
(4) No person shall adduce evidence at the hearing of an applica-
tion or complaint of any material fact that has not been included in
the application or complaint or in any document in respect of the
application or complaint, except with the consent of the Tribunal
and, if the Tribunal considers it advisable to give such consent, it
may do so upon such terms and conditions as it considers advisable.
R.R.O. 1980, Reg. 233, s. 31.
Service
32. Where a notice of hearing in Form 18 of Regulation 258 of
Revised Regulations of Ontario, 1990 is required to be served, it
shall be served not less than four days before the day fixed for the
hearing. R.R.O. 1980, Reg. 233, s. 32.
33.— (1) Where a document is required to be filed by these Rules,
filing shall be deemed to be made,
(a) at the time it is received by the Board; or
(b) where it is mailed by registered mail addressed to the Tribu-
nal at its office, at the time it is mailed.
(2) Where a document is required to be served by these Rules,
the service may be made,
(a) in person;
(b) by mail addressed to the recipient at the recipient's address
for service or last-known or usual address or at the recipi-
ent's principal office or place of business referred to in an
application, complaint, intervention or reply in the pro-
ceeding;
(c) upon the direction of the Tribunal where the Tribunal con-
siders it necessary in the interests of justice, by,
(i) telegram addressed to the recipient at the recipient's
address for service or last-known or usual address or
at the recipient's principal office or place of business
referred to in an application, complaint, intervention
or reply in the proceeding, or
(ii) publication in a newspaper or public broadcast by
radio or television having general circulation or
reception in the area of the recipient's address for
service or last-known or usual address or the recipi-
ent's principal office or place of business referred to
in an application, complaint, intervention or reply in
the proceeding,
and a written, typewritten or printed copy of the document
shall be given to the recipient if the recipient makes per-
sonal application therefor. R.R.O. 1980, Reg. 233, s. 33.
34.— (1) The registrar shall serve each of the parties to a proceed-
ing with a copy of each reply, intervention, intervener's application
for representation rights, statement of desire to make representa-
tions or notice of intention to make allegations of improper or irregu-
lar conduct, filed in the proceeding.
(2) Upon receipt of a statement of desire by an employee or a
group of employees to make representations in opposition to an
application under these Rules, the registrar shall inform in writing
the applicant, the respondent and the intervener, if any, of the
nature thereof. R.R.O. 1980, Reg. 233, s. 34.
35.— (1) Where the registrar serves the employer with notices of
application for posting, the employer shall post the notices immedi-
ately upon their receipt and keep them posted upon the employer's
premises in conspicuous places where they are most likely to come to
the attention of all employees who may be affected by the applica-
tion until the expiration of the terminal date for the application.
(2) Immediately after the employer has posted the notices under
subsection (1) the employer shall file a return of posting in Form 17
232
Reg./Règl. 259
NEGOCIATION COLLECTIVE DES EMPLOYES DE LA COURONNE
Reg./Règl. 259
of Regulation 258 of Revised Regulations of Ontario, 1990.
R.R.O. 1980, Reg. 233, s. 35.
3é. Where an employee organization that makes an application
for representation rights or that files an intervention has not been
found by the Tribunal to be an employee organization within the
meaning of the definition of "employee organization" as set out in
subsection 1 (1) of the Act in a previous proceeding under the Act,
the registrar shall serve upon the parties to the application and upon
any employee organization upon whom the registrar is required to
effect service under section 7 of these Rules a notice to that effect
and shall also attach such a notice to any notice to employees of the
making of an application that an employer is required to post under
section 4 or 9 of these Rules. R.R.O. 1980, Reg. 233, s. 36.
General
37. The Tribunal may direct that any person be added as a party
to a proceeding or be served with any document, as the Tribunal con-
siders advisable. R.R.O. 1980, Reg. 233, s. 37.
38. The Tribunal may dispose of any application or complaint
without further notice to anyone who has not filed a document in the
proceeding in the form and manner prescribed by these Rules.
R.R.O. 1980, Reg. 233, s. 38.
39. Where the Tribunal considers it necessary, it may at any time
direct that a proceeding before the Tribunal be consolidated with any
other proceeding before the Tribunal and it may issue such directions
in respect of the conduct of the consolidated proceeding as it consid-
ers advisable. R.R.O. 1980, Reg. 233, s. 39.
40.— (1) The Tribunal may, if it considers it advisable in the inter-
ests of justice, adjourn any hearing for such time and to such place
and upon such terms as it considers fit.
(2) The Tribunal may, upon such terms as it considers advisable,
enlarge the time prescribed by these Rules for doing any act, serving
any notice, filing any report, document or paper or taking any pro-
ceeding and may do so although application therefor is not made
until after the expiration of the time prescribed.
(3) Where it is satisfied that it is necessary or convenient in the
public interest, the Tribunal may abridge the time prescribed by
these Rules for doing any act, serving any notice, filing any report,
document or paper or taking any proceeding. R.R.O. 1980, Reg.
233, s. 40.
41. An application, reply, intervention, complaint, statement or
desire to make representations or notice may be amended before or
at the hearing by leave of the Tribunal upon such terms and condi-
tions as the Tribunal considers advisable. R.R.O. 1980, Reg. 233,
s. 41.
42. No proceeding under these Rules is invalid by reason of any
defect in form or of any technical irregularity. R.R.O. 1980, Reg.
233, s. 42.
43. The decisions, declarations, determinations, directions,
orders and rulings of the Tribunal shall be signed on behalf of the
Tribunal by the chair or an adjudicator. R.R.O. 1980, Reg. 233,
s. 43.
44. Procedure not prescribed is governed by analogy to these
Rules. R.R.O. 1980, Reg. 233, s. 44.
233
Reg./Règl. 260
Reg./Règl. 260
Crown Timber Act
Loi sur le bois de la Couronne
REGULATION 260
GENERAL
Interpretation
1. In this Regulation,
"hardwood" means non-coniferous;
"lodged", when used in respect of a tree, means that by reason of
other than natural causes the tree does not fall to the ground after
being,
(a) partly or wholly separated from its stump, or
(b) displaced from its natural position;
"M.B.M." means thousand feet board-measure;
"merchantable timber" means,
(a) a conifer, poplar or white birch log of which more than one-
half of the total content is sound wood when the content is
measured in cubic metres, or
(b) a hardwood log other than poplar or white birch of which
more than one-third of the total content is sound wood
when the content is measured in cubic metres;
"merchantable tree" means,
(a) a standing conifer, poplar or white birch tree of which more
than one-half of the total content of wood is sound, and
(b) a standing hardwood tree, other than poplar or white birch,
of which more than one-third of the total content of wood is
sound;
"operating year" means the twelve-month period commencing on
the 1st day of April in any year and ending on the 31st day of
March in the following year;
"stump height" means the vertical distance between the horizontal
plane through the top of the stump and the horizontal plane
through the highest point of the ground at its base. R.R.O. 1980,
Reg. 234, s. 1; O. Reg. 854/82, s. 1; O. Reg. 476/84, s. 1; O. Reg.
203/85, ss. 1, 2; O. Reg. 373/86, s. 1.
Crown Charges
2.— (1) In this section and in sections 3 and 4,
"corporation" means any body corporate however and wherever
incorporated;
"integrated licensee" means a licensee who owns or operates any
pulp mill in Manitoba, Ontario or Quebec or is related to any per-
son who owns or operates any such pulp mill;
"non-integrated licensee" means a licensee who is not an integrated
licensee;
"quarter" means a period of three consecutive months commencing
with the 1st day of January, April, July or October in any year;
"related persons" has the meaning given to that expression by sub-
section 251 (2) of the Income Tax Act (Canada) and, for the pur-
poses of interpreting that subsection, the expressions "related
group" and "unrelated group" used therein shall have the meaning
given to them by the said section 251.
(2) For the purposes of this section and sections 3 and 4,
(a) a licensee is related to any person who owns or operates any
pulp mill in Manitoba, Ontario or Quebec, if they are
related persons;
(b) where two corporations are related to the same corporation
within the meaning of the definition of "related persons" in
subsection (1), they shall be deemed to be related to each
other;
(c) a corporation shall be deemed to be controlled by another
person or by two or more corporations if shares of the first-
mentioned corporation carrying voting rights sufficient to
elect a majority of the directors of the corporation are held,
other than by way of security only, by or on behalf of such
other persons or corporations; and
(d) subsections 251 (5) and (6) of the Income Tax Act (Canada)
apply with necessary modifications. R.R.O. 1980, Reg.
234, s. 2.
3.— (1) The Crown dues to be paid in respect of any kind of tim-
ber listed in Column 1 of Schedule 1, other than killed or damaged
timber, cut under a licence granted or renewed under section 2 of the
Act, except a licence granted under subsection 2 (7) of the Act, are
those fixed in Column 2 of Schedule 1 opposite the timber. R.R.O.
1980, Reg. 234, s. 3(1).
(2) The Crown dues to be paid in respect of any kind of timber
listed in Column 1 of Schedule 1, other than killed or damaged tim-
ber, that is cut under,
(a) a licence that is granted or renewed under section 3 of the
Act and held by an integrated licensee; or
(b) an agreement that is entered into under subsection 6 (I) of
the Act with an integrated licensee.
Crown dues = a x r x 5
are those determined by the application of the following formula:
b
d
where
a = the rate listed in Column 3 of Schedule 1 immediately oppo-
site the kind of timber in respect of which Crown dues are
being determined
b = the arithmetic mean of the five index numbers, from the
price index designated in Column 4 of Schedule 1 immedi-
ately opposite the kind of timber in respect of which Crown
dues are being determined, for the first five of the six con-
secutive months immediately preceding the commencement
of the quarter within which the timber is measured
c = the number listed in Column 5 of Schedule 1 immediately
opposite the kind of timber in respect of which Crown dues
are being determined
d = 1.640 c. O. Reg. 393/84,
O. Reg. 131/87, s. 1 (1).
s. 1 (1); O. Reg. 373/86, s. 2;
235
Reg./Règl. 260
CROWN TIMBER
Reg./Règl. 260
(3) The Crown dues to be paid in respect of any kind of timber
listed in Column 1 of Schedule 1, other than killed or damaged tim-
ber, that is cut under,
(a) a licence that is granted or renewed under section 3 of the
Act and held by a non-integrated licensee other than the
Algonquin Forestry Authority; or
(b) an agreement that is entered into under subsection 6 (1) of
the Act with an non-integrated licensee other than the
Algonquin Forestry Authority,
are those determined by the application of the following formula:
Crown dues
ax^xb
c d
where
a = the rate listed in Column 6 of Schedule 1 immediately oppo-
site the kind of timber in respect of which Crown dues are
being determined
b = the arithmetic mean of the five index numbers, from the
price index designated in Column 7 of Schedule 1 immedi-
ately opposite the kind of timber in respect of which Crown
dues are being determined, for the first five of the six con-
secutive months immediately preceding the commencement
of the quarter within which the timber is measured
c = the number listed in Column 8 of Schedule 1 immediately
opposite the kind of timber in respect of which Crown dues
are being determined
d = 1.640 c. O. Reg. 393/84, s. 1 (2); O. Reg. 373/86, s. 3;
O. Reg. 131/87, s. 1 (2).
(4) In Columns 4 and 7 of Schedule 1 ,
"Index 1" means the monthly industrial product price index, by com-
modity for lumber, softwood, spruce. East of the Rockies deter-
mined by Statistics Canada, wherein the year 1981 has a price
index of 100;
"Index 2" means the monthly industrial product price index, by
industry for pulp and paper industries determined by Statistics
Canada, wherein the year 1981 has a price index of 100;
"Index 3" means the monthly industrial product price index, by com-
modity for lumber and ties, hardwood determined by Statistics
Canada, wherein the year 1981 has a price index of 100;
"Index 4" means the monthly composite industrial product price
index derived from the sum of 25 per cent of the industrial product
price index from Index 1 and 75 per cent of the industrial product
price index from Index 2 for the same month; and
"Index 5" means the monthly composite industrial product price
index derived from the sum of 75 per cent of the industrial product
price index from Index 1 and 25 per cent of the industrial product
price index from Index 2 for the same month. O. Reg. 373/86,
s. 4.
(5) The Crown dues to be paid by the Algonquin Forestry
Authority in respect of any kind of timber listed in Column 1 of
Schedule 4, other than killed or damaged timber, that is cut under a
licence that is granted or renewed under section 3 of the Act or an
agreement that is entered into under subsection 6 (1) of the Act are
those amounts set out in Column 2 of Schedule 4 opposite each kind
of timber listed. O. Reg. 166/84, s. 1 (2).
(6) The Crown dues to be paid in respect of any kind of Crown
timber listed in Column 1 of Schedule 1, other than killed or dam-
aged timber, that an integrated licensee processes or causes to be
processed in a sawmill into lumber shall be determined in accordance
with the formula set out in subsection (3) and not in accordance with
the formula set out in subsection (2). O. Reg. 463/88, s. 1.
4.— (1) Every licensee who holds a licence granted or renewed
under section 3 of the Act or enters into an agreement under subsec-
tion 6 (1) of the Act shall file with the Minister a certificate in such
form as the Minister may authorize, signed by a responsible officer of
the licensee certifying whether the licensee is an integrated licensee
or a non-integrated licensee together with an affidavit of a responsi-
ble officer setting out,
(a) the full name and address of the deponent;
(b) the relationship and position of the deponent in respect of
the licensee; and
(c)
the essential facts on which the certification contained in
the certificate is based.
(2) For the purposes of subsection (1), a "responsible officer" is,
(a) where the licensee is an individual or sole proprietor, the
licensee;
(b) where the licensee is a partnership, one of the partners; and
(c) where the licensee is one or more corporations, any one of
the president, vice-president, secretary, treasurer or comp-
troller of each corporation.
(3) A certificate and affidavit in accordance with subsection (1)
shall be filed with the Minister within thirty days of the date, exclu-
sive of such date,
(a) when a person becomes an integrated licensee or a non-in-
tegrated licensee;
(b) when an integrated licensee becomes a non-integrated
licensee or a non-integrated licensee becomes an integrated
licensee; or
(c) that a written request of the Minister for the certificate and
affidavit is mailed to or served upon a licensee.
(4) Where a licensee fails or neglects to file a certificate and affi-
davit in accordance with subsection (3), the licensee shall pay to the
Treasurer of Ontario a penalty of $100 for each day or part of a day
that the failure or neglect continues.
(5) Where the Minister is of the opinion that any certificate or
affidavit filed by a licensee does not comply with subsection (1), the
Minister shall give written notice to the licensee advising of the non-
compliance and requiring that the licensee file with the Minister a
certificate or affidavit in accordance with subsection (1) within thirty
days of the date of the written notice, and where the licensee fails or
neglects to do so, the licensee shall pay to the Treasurer of Ontario a
penalty of $100 for each day or part of a day that the failure or
neglect continues.
(6) Where a licensee does not file a certificate and affidavit in
accordance with this section, the Minister may, for the purposes of
section 3, categorize the licensee as either an integrated licensee or a
non-integrated licensee until the end of the month in which the
licensee files with the Minister the certificate and affidavit.
(7) Where a licensee who is categorized under subsection (6) files
a certificate and affidavit in accordance with subsection (1) that indi-
cates that the licensee ought to have been categorized otherwise, the
Minister shall determine the amount of Crown dues that the licensee
ought to have paid if the licensee had been categorized in accordance
with the certificate and affidavit and,
(a) where the amount of those Crown dues exceeds the amount
of the Crown dues that the licensee became obligated to
pay when categorized under subsection (6), the licensee
shall pay the amount of the excess to the Treasurer of
Ontario; and
(b) where the amount of those Crown dues is less than the
amount of the Crown dues that the licensee became obli-
236
Reg./Règl. 260
BOIS DE LA COURONNE
Reg./Règl. 260
gated to pay when categorized under subsection (6), the
Minister may deduct the amount of the difference between
the amounts from the account of the Hcensee or pay the dif-
ference to the licensee. R.R.O. 1980, Reg. 234, s. 4.
(8) Every licensee shall, when requested by the Minister, advise
the Minister in such form as the Minister may authorize, whether or
not the licensee is processing or causing to be processed any kind of
timber listed in Column 1 of Schedule 1, other than killed or dam-
aged timber, into lumber. O. Reg. 463/88, s. 2.
5.— (1) The area charge to be paid by a licensee, other than a
licensee who holds a licence,
(a) granted under subsection 2 (7) of the Act where the stum-
page charges to be paid in respect of all kinds of timber
licensed to be cut are $100 or less;
(b) granted under subsection S (1) or (3) of the Act; or
(c) in respect of any part of a licensed area that is included
within an existing licensed area of an earlier licence,
is, in respect of each square kilometre or fraction thereof of the pro-
ductive lands, for the operating year set out in Column 1 of Schedule
3, the amount set out opposite thereto in Column 2.
(2) The area charge to be paid by a licensee who holds a licence,
(a) granted under subsection 2 (7) of the Act where the stum-
page charges to be paid in respect of all kinds of timber
licensed to be cut are $100 or less;
(b) granted under subsection 5 (1) or (3) of the Act; or
(c) in respect of any part of a licensed area that is included
within an existing licensed area of an earlier licence,
is, in respect of each square kilometre or fraction thereof of the pro-
ductive lands, for the operating year set out in Column 1 of Schedule
3,$1.
(3) Other than where the productive lands in a licensed area are
9.0 square kilometres or less, or where the area charge payable in
respect of each square kilometre or fraction thereof of the productive
lands for the operating year set out in Column 1 of Schedule 3 is $1,
the area charge may be paid in equal portions quarterly in advance,
in the first operating year the initial payment being payable before
the licence is delivered to the licensee, and in subsequent operating
years the initial payment being payable before the 1st day of April.
(4) Despite subsection (3), where a licensee does not make any
quarterly payment in advance as required by subsection (3), the
licensee, in addition to being liable for the payment not made, may,
at the discretion of the Minister, be required to pay any subsequent
payments in respect of the operating year immediately.
(5) Where the productive lands in a licensed area are 9.0 square
kilometres or less, or where the area charge payable in respect of
each square kilometre or fraction thereof of the productive lands for
the operating year set out in Column 1 of Schedule 3 is $1, the area
charge is payable annually in advance, the first of which payments
shall be made before the licence is delivered to the licensee, and sub-
sequent yearly payments shall be made before the 1st day of April in
each year of the period of the licence.
(6) Where an account for area charge remains unpaid after the
time of payment required by this section, interest of 1 per cent of the
amount of the account that is overdue on the first day of each month
shall be charged and added to the account of the licensee as of each
such day and shall be treated thereafter as a part of the amount of
the account that is overdue. O. Reg. 64/85, s. 1.
6.— (1) Stumpage charges are payable,
(a) on demand; or
(b) on or before the due date on an account therefor sent to the
licensee.
(2) Where the stumpage charges remain unpaid after a demand
therefor or after the due date on an account therefor sent to the
licensee, interest of 1 per cent of the amount of the account that is
overdue on the first day of each month shall be charged and added to
the account of the licensee as of each such day and shall be treated
thereafter as a part of the amount of the account that is overdue.
R.R.O. 1980, Reg. 234, s. 6.
7.— (1) Crown charges, other than those under sections 5 and 6,
are payable on or before the due date on an account therefor sent to
the licensee.
(2) Where Crown charges payable under subsection (1) remain
unpaid after the due date on an account therefor sent to the licensee,
interest of 1 per cent of the amount of the account that is overdue on
the first day of each month shall be charged and added to the account
of the licensee as of each such day and shall be treated thereafter as a
part of the amount of the account that is overdue. R.R.O. 1980,
Reg. 234, s. 7.
8. The due date for payment of an account sent to a licensee
under section 6 or 7 shall be the last day of the month next following
the month within which the account was prepared. R.R.O. 1980,
Reg. 234, s. 8.
Terms and CoNomoNS of Licences
9. Every licence to cut Crown timber except a licence granted
under subsection 2 (7) or section 5 of the Act, is subject to the terms
and conditions set out in sections 10 to 14. O. Reg. 621/81, s. 1;
O. Reg. 203/85, s. 3.
10.— (1) A licensee shall not erect, or permit or cause the erection
of, any building on any part of a licensed area until the licensee has
received written notification that, in the opinion of the Minister
under section 10 of the Act, exclusive possession of so much of the
licensed area as will be covered by the building is necessary for inci-
dental operations.
(2) When the buildings, other than those forming a logging camp
or depot camp, are no longer required in respect of operations, the
licensee shall move them off the licensed area. R.R.O. 1980, Reg.
234, s. 10.
11. Where an account for Crown charges, other than a charge
under section 5, remains unpaid on the last day of the operating year
next following the operating year in which it became payable, the
licence is forfeited and the licensee shall deliver up the licence to the
Minister. R.R.O. 1980, Reg. 234, s. 1 1; O. Reg. 151/84, s. 1.
12. Where an account for area charge remains unpaid one year
from the 31st day of March next following the date on which it
became payable, the licence is forfeited and the licensee shall deliver
up the licence to the Minister. O. Reg. 64/85, s. 2.
13. Notwithstanding forfeiture and delivery up under section II
or 12, the licensee continues to be liable for all indebtedness in
respect of,
(a) Crown charges accrued at the date of forfeiture or delivery
up of the licence, whichever is the later; and
(b) Crown charges for which account is rendered after that
date. R.R.O. 1980, Reg. 234, s. 13.
14. Any price established by a licence based on a tonne measure-
ment shall be converted to a price based on a cubic metre measure-
ment by multiplying the price established by the licence for each of
the following kind or class of timber by the number opposite thereto:
white pine 0.893
red pine 0.915
237
Reg./Règl. 260 CROWN TIMBER Reg./Règl. 260
jack pine 0.808 18.— (1) A person desiring to transfer a mill licence shall apply to
the Minister for his consent to the transfer,
spruce 0.769
(2) An application for consent to a transfer of a mill licence shall
hemlock 1.080 be in Form 3.
balsam 0.920 (3) A transfer of a mill licence shall be in Form 4. R.R.O. 1980,
Reg. 234, s. 23.
fuelwood (conifer) 0.796
19.— (1) The holder of a Type A, Type D or Type H mill licence
maple 1.123 shall make an annual return to the Minister in Form 5.
yellow birch 1.090 (2) The holder of a Type B, Type E, Type F or Type G mill
licence shall make an annual return to the Minister in Form 6.
white birch 1.127 q Rgg 01/87,5. 4.
03k 1.171 20.— (1) Periodic inspection of mills shall be made at least once in
^3ch year at such times and by such officers or agents as the Minister
*'e">' 1-1^ maydirect.
^*" U.Vol ^2) The licensee shall give to the inspecting officer or agent all
, ,,0 information and assistance necessary for a proper inspection.
^™ '■^^* R.R.O. 1980, Reg. 234, s. 25.
basswood 0.914
Wasteful Practices
^ 21.— (1) In this section "heavy-branching" means the lowest part
black walnut 1.085 °f ^ tree where the growth of branches is so concentrated that the
timber in that part is not marketable. R.R.O. 1980, Reg. 234,
butternut 0.856 s. 26 (1).
ironrood 1.142 (2) Wasteful practices in forest operations are defined as,
black cherry 0.895 (a) felling a tree of any species so that its stump height is
greater than thirty centimetres, except that a tree may be
poplar 0.991 felled so that its stump height is not greater than its diame-
ter measured outside the bark at the point of cutting, pro-
fuelwood (hardwood) 1.127 vided no tree shall be felled so that its stump height is
greater than sixty centimetres;
O. Reg. 373/86, s. 6.
(b) subject to subsection (3), not utilizing merchantable timber
Transfer Fees of any length,
15. The fee to be paid on the transfer of a licence is $500. (i) measuring twenty-two centimetres or more in diame-
O. Reg. 131/87, s. 2. ter outside the bark at the smaller end, obtainable
from a felled hardwood tree of any species except
Clj\ssification and Licences of Mills poplar and white birch, or
16.— (I) In this section "capacity" means the quantity of product (ii) measuring twenty centimetres or more in diameter
that a mill can produce in eight consecutive hours of operation under outside the bark at the smaller end, obtainable from
normal conditions. a felled white pine, red pine, hemlock, poplar or
white birch tree, or
(2) Mills are classified by the types designated by capital letters
set out in Column 1 of Schedule 2 according to the product and (iii) measuring ten centimetres or more in diameter out-
capacity of the mill set out in columns 2 and 3. side the bark at the smaller end, obtainable from a
felled conifer tree other than a white pine, red pine
(3) The fee for a licence for a mill of a type itemized in Column 1 or hemlock;
of Schedule 2 is the fee prescribed opposite thereto in Column 4, and
where a mill is classified by more than one type, the fee for the (c) leaving any merchantable trees that the licensee has the
licence for such mill is the total of the fees prescribed for each type right to cut standing on any part of a licensed area at the
by which such mill is classified. time when the licensee,
(4) The fee for a mill licence shall be paid before the mill licence (i) ceases operations in respect of that part,
is issued and thereafter on or before the 1st day of April in each year
during the term of the licence. (ii) abandons the licence, or
(5) Where the holder of a mill licence fails to pay the fee therefor (iii) fails to renew the licence; or
in the manner prescribed by subsection (4), the licence shall be
deemed cancelled until the fee therefor is paid. R.R.O. 1980, Reg. (d) leaving trees lodged where cutting operations have been
234 s 21 carried on in the licensed area. R.R.O. 1980, Reg. 234,
' ■ ■ s. 26 (2); O. Reg. 854/82, s. 3 (1); O. Reg. 476/84,
17.— (1) A person desiring a mill licence shall make application s. 2 (1-4); O. Reg. 203/85, s. 10.
therefor in Form 1.
(3) Clause (2) (b) does not apply to a log referred to,
(2) A mill licence shall be in Form 2.
(a) in subclause (i) of that clause, where that log is separated by
(3) A mill licence expires with the 31st day of March in the year heavy-branching or by unmerchantable timber from a log
noted on the licence. R.R.O. 1980, Reg. 234, s. 22. that has been cut from the tree; or
238
Reg./Règl. 260
BOIS DE LA COURONNE
Reg./Règl. 260
(b) in subclause (ii) or (iii) of that clause, where that log is sep-
arated by unmerchantable timber from a log that has been
cut from the tree. O. Reg. 476/84, s. 2 (6).
22. The penalties that may be imposed for contraventions of sub-
section 21 (2) are,
(a) for a contravention of clause (a), $3 for each stump;
(b) for a contravention of clause (b), $2 for each piece of mer-
chantable timber not utilized;
(c) for a contravention of clause (c), $5 for each tree left stand-
ing; and
(d) for a contravention of clause (d), $10 for each lodged tree.
R.R.O. 1980, Reg. 234, s. 27; O. Reg. 476/84, s. 3.
Scalers' Licences
23.— (1) A scaler's licence and a renewal of a scaler's licence shall
be in Form 7.
(2) An application for a renewal of a scaler's licence shall be in
Form 8.
(3) A special permit shall be in Form 9. R.R.O. 1980, Reg. 234,
s. 28 (1-3).
(4) The fee payable for a scaler's licence or a renewal of a scaler's
licence is $15.
(5) The fee payable for a special permit is $5. O. Reg. 131/87,
s. 5.
Seizure
24. An officer or agent may effect a seizure of timber under sec-
tion 22 of the Act by securing in a prominent place on the timber a
notice of seizure in Form 10. R.R.O. 1980, Reg. 234, s. 29.
Schedule 1
CROWN DUES
Integrated
Non-Integrated
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
Column 8
1. For the following timber:
i. conifers, for each cubic metre
$3.63
$3.01
Index 4
69.3
$2.16
Index 5
75.3
ii. poplar and white birch, for each cubic metre
0.91
0.61
Index 2
66.8
0.45
Index 2
66.8
2. For the following grades of hardwood timber:
i. grade 1 hardwoods, other than poplar and white
birch, for each cubic metre
3.82
5.11
Index 3
80.3
3.70
Index 3
80.3
ii. grade 2 hardwoods, other than poplar and white
birch, for each cubic metre
0.48
0.65
Index 2
66.8
0.47
Index 3
80.3
3. For fuelwood of any species, for each cubic metre
0.91
0.61
Index 4
69.3
0.45
Index 2
66.8
O. Reg. 463/88, s. 3.
Schedule 2
CLASSIFICATION OF AND LICENCE FEES FOR MILLS
Item
No.
Column 1
Column 2
Column 3
Column 4
Type
Product
Capacity
Fees
1
2
3
4
5
6
7
8
A
B
C
D
E
F
G
H
specialty products
pulp
lumber and/or chips
lumber and/or chips
lumber and/or chips
veneer
particleboard
fuelwood
any quantity
any quantity
not more than 25 cubic metres
more than 25 cubic metres but not more than 120 cubic metres
more than 120 cubic metres
any quantity
any quantity
more than 25 cubic metres
$ 10
$100
$ 10
$ 30
$ 50
$ 50
$ 50
$ 30
O. Reg. 131/87, s. 6.
239
Reg./Règl. 260
CROWN TIMBER
Reg./Règl. 260
Schedule 3
AREA CHARGES
Column 1
Column 2
April 1, 1988 to March 31, 1989
April 1, 1989 to March 31, 1990
April 1, 1990 to March 31, 1991
April 1, 1991 to March 31, 1992
$45.00
47.00
49.00
51.00
Schedule 4
CROWN DUES- ALGONQUIN FORESTRY AUTHORITY
O. Reg. 463/88, s. 4.
Column 1
Column 2
1. For the following timber:
i. conifers, for each cubic metre
ii. poplar and white birch, for each cubic metre
2. For the following grades of hardwood timber:
i. grade 1 hardwoods, other than poplar and white birch, for each cubic metre
ii. grade 2 hardwoods, other than poplar and white birch, for each cubic metre
3. For fuelwood of any species, for each cubic metre
$0.30
0.06
0.47
0.06
0.06
Form 1
Crown Timber Act
APPLICATION FOR A MILL LICENCE
To: The District Manager,
Ministry of Natural Resources,
, Ontario.
The undersigned applies for a mill licence under the Crown Timber Act and submits the following information:
1. Name of applicant
(print in block letters)
2. Post office address
3. Location of mill ....
(lot, concession, township, and county or district)
4. If the mill is on patented lands,
i. Name of landowner
(print in block letters)
ii. Post office address
5. If the mill is on public lands:
Authority for occupation ....
O.Reg. 117/86, s. 3.
(state if lease, licence of occupation, sale or free-grant location, and give date and number)
240
Reg./Règl. 260
BOIS DE LA COURONNE
Reg./Règl. 260
6. If the applicant is a Crown timber licensee, give the licence number, area of productive lands and term of each Crown timber licence held:
7. Purpose(s) for which this application is made: (strike out all items not applicable)
i. Constructing a mill
ii. Operating a mill
iii. Increasing the productive capacity of a mill
iv. Converting an existing mill into the type(s) of mill indicated in item 7.
8. Type(s) of mill for which the mill licence is desired:
9. Have you previously held a mill licence?
(answer "yes" or "no")
10. If the answer to item 9 is "yes", give the number and date of the last mill licence issued to you
(number) (date)
11. Herewith remittance for $ for the prescribed fee($).
Date of application ....
Signature of applicant
Form!
Crown Timber Act
MILL LICENCE
LICENCE FEE $
Under the Crown Timber Act and, subject to the limitations thereof, this licence is granted to
R.R.O. 1980, Reg. 234, Form 1.
NO..
of
to.
. a Type mill located on
lands at .
Issued at , this .
This licence expires with the 31st day of March, 19.
241
. day of .
Minister
., 19..
O. Reg. 131/87, s. 7.
Reg./Règl. 260
CROWN TIMBER
Reg./Règl. 260
Form 3
Crown Timber Ad
APPLICATION FOR CONSENT TO TRANSFER A MILL LICENCE
To: The Minister of Natural Resources,
Under the Crown Timber Act, the undersigned apply for your consent to the transfer, from the undersigned transferor to the undersigned
transferee, of Mill Licence No
issued to
(natne of mill licensee)
the of ,19 , to.
located on lands at
Dated the of , 19
, a Type
mm
By
(name of transferor)
(signature)
By
(name of transferee)
(signature)
(official capacity) (official capacity)
R.R.0. 1980, Reg. 234, Form 3.
Form 4
Crown Timber Act
TRANSFER OF A MILL LICENCE
FOR VALUE RECEIVED, and subject to the consent of the Minister under the Crown Timber Act, the undersigned transferor being the holder
of Mill Licence No issued the day of , 19 , to a Type mill located on
lands at
TRANSFERS that licence to
(name of transferee)
(postal address of transferee)
Dated at the of , 19.,
By
CONSENT OF MINISTER
Under the Crown Timber Act I consent to the transfer.
Given at Toronto the of , 19..
242
(name of transferor)
(signature)
(official capacity)
Minister of Natural Resources
R.R.O. 1980, Reg. 234, Form 4.
Reg./Règl. 260
BOIS DE LA COURONNE
Reg./Règl. 260
Form 5
Crown Timber Ad
RETURN BY A MILL LICENSEE FOR THE YEAR 19..
I. LICENCE:
Name of Licensee (please print)
Mill Licence Serial Number Date of Licence
Location of mill
OMNR Mill No. .
(lot, concession, township, and county or district)
2. BEGINNING INVENTORY: Beginning roundwood inventory as of the 1st of January in the year for which this return is made, all mea-
surements in cubic metres (m').
Softwood m^ Hardwood m^
3. ROUNDWOOD RECEIPTS: From the 1st of January to the 31st of December in the year for which this return is made, the following
quantities of roundwood were received at this mill, all measurements in cubic metres (m^).
Speoes
From Lands in OorrARio
From Other Sources
Crown Lands
Patent Lands
Province/
State/
Country
m'
From own
Timber
Licence(s)
m'
From other
Timber
Licence(s)
m'
m'
Red & White Pine
Jack Pine
Spruce
Hemlock
Balsam
Other Softwood
Maple
Birch
Oak
Beech
Basswood
Poplar
Other Hardwoods
Mixed Hardwoods
TOTALS
4. ENDING INVENTORY: Ending roundwood inventory as of the 31st of December in the year for which this return is made, all measure-
ments in cubic metres (m').
Softwood m'
Hardwood m'
5. PRODUCTION: From the 1st of January to the 31st of December in the year for which this return is made, the following quantities of
products were produced at this mill, all measurements in metric units.
Lumber'
Other Products
Final Wood Residues
Species
m'
Type
metric
units
(specify)
Type
m^
Red & White Pine
Jack Pine
Spruce
Hemlock
Balsam
Other Softwoods
Maple
Birch
Ties
Mining Timbers
Posts/Poles
Fuelwood
Swd.
Hwd.
Specify Others
By-Product
Chips-
Softwood
Hardwood
Shavings
Sawdust
Bark
HogfueP
243
Reg./Règl. 260
CROWN TIMBER
Reg./RègL 260
Lumber'
Other Products
Final Wood Residues
Species
m'
Type
metric
units
(specify)
Type
m'
Oak
Beech
Basswood
Poplar
Other Hardwoods
Mixed Hardwoods
TOTAL
Others
TOTAL
TOTAL
6. OPERATIONS:
Number of days the mill operated during the
year for which this return is made
Total average number of employees during
daily operations (do not double count)
Woodlands
Mill
Signature of mill licensee
Date
Telephone No. (including area code)
( )
' 1,000 fbm of sawn material = 2.3596 cubic metres (m') solid wood equivalent.
2 By-Product Chips: wood chips produced in a sawmilling operation.
^ Hogfuel: A mixture in any proportion of chips, shavings, sawdust, bark, and/or slabs and edgings for burning. Do not double count volumes.
O. Reg. 131/87, s. 8.
Form 6
Crvwn Timber Act
RETURN BY A MILL LICENSEE FOR THE YEAR 19...
1. LICENCE:
Name of Licensee (please print)
Mill Licence Serial Number Date of Licence
Location of mill
OMNR Mill No. .
(lot, concession, township and county or district)
2. BEGINNING INVENTORY: Beginning wood inventory as of the 1st of January in the year for which this return is made, all measure-
ments in cubic metres (m^).
Species
Pulp/Misc.
Logs
SawA'eneer
Logs
Whole-Tree
Chips'
By-Product
Chips^
Shavings
Sawdust
Bark
HogfueP
Other
Residue
Softwood
Hardwood
TOTAL
3. ROUNDWOOD RECEIPTS: From the 1st of January to the 31st of December in the year for which this return is made, the following
quantities of roundwood were received at this mill, all measurements in cubic metres (m').
244
J
Reg./Règl. 260
BOIS DE LA COURONNE
Reg./Règl. 260
Species
From Lands in Ontario
From Other Provinces
From Other Sources
Crown Lands
Patent Lands
Province
Name
m'
USA State/
Country
Name
m'
From Own
Timber
Licence(s)
m'
From Other
Timber
Licence(s)
m'
m'
Red & White Pine
Jack Pine
Spruce
Hemlock
Balsam
Other Softwoods
Maple
Birch
Oak
Beech
Basswood
Poplar
Other Hardwoods
Mixed Hardwoods
TOTAL
4. WHOLE-TREE CHIP RECEIPTS: From the 1st of January to the 31st of December in the year for which this return is made, the follow-
ing quantities of whole-tree chips were received at this mill, all measurements in cubic metres (m>).
SPEaES
From Lands in Ontario
From Other Provinces
From Other Sources
Crown Lands
Patent Lands
Province
Name
m3
USA State/
Country
Name
m3
From Own
Timber
Licence(s)
m'
From Other
Timber
Licence(s)
m3
m'
Softwood
Hardwood
TOTAL
5. RESIDUE RECEIPTS: From the 1st of January to the 31st of December in the year for which this return is made, the following quanti-
ties of wood residues were received at this mill, all measurements in cubic metres (m').
245
Reg./Règl. 260
CROWN TIMBER
Reg./Règl. 260
Residue Type
From Ontario
From Other Provinces
From Other Sources
m3
Province Name
m'
USA State/
Country Name
m3
Softwood
Captive By-Product Chips*
Hardwood
Softwood
Market By-Product Chips'
Hardwood
Shavings
Sawdust
Bark
HogfueP
Other
TOTAL
6. ENDING INVENTORY: Ending wood inventory as of the 31st of December in the year for which this return is made, all measurements
in cubic metres (m').
Species
Pulp/Misc.
Logs
Saw/Veneer
Logs
Whole-Tree
Chips'
By-Product
Chips^
Shavings
Sawdust
Bark
HogfueP
Other
Residue
Softwood
Hardwood
TOTAL
7. PRODUCTION: From the 1st of January to the 31st of December in the year for which this return is made, the following quantities of
products were produced at this mill, all measurements in metric units.
Lumber*
Pulp
Paper/Paperboard
Species
m^
Type
Metric
Tonnes
Type
Metric
Tonnes
Red & White Pine
Jack Pine
Spruce
Hemlock
Balsam
Other Softwoods
Maple
Birch
Groundwood
Refiner Groundwood
Thermo-Mechanical
Chemi-Thermo-Mechanical
Semi-Chemical
Sulphate
Sulphite
Specify Others
Groundwood Specialties
Newsprint
Book/Writing
Tissue/Sanitary
Other Paper
246
Reg./RègL 260
BOIS DE LA COURONNE
Reg./Règl. 260
Lumber*
Pulp
Paper/Paperboard
Species
m'
Type
Metric
Tonnes
Type
Metric
Tonnes
Oak
Beech
Basswood
Poplar
Other Hardwoods
Mixed Hardwoods
TOTAL
Containerboard
Boxboard
Buildingboard
TOTAL
TOTAL
Panel Products'
Other Products
Final Wood Residues
Type
m'
Type
Metric Units
(specify)
Type
m3
Veneer
Plywood
Particleboard
Waferboard
Specify Others
Ties
Mining Timbers
Posts/Poles
Fuelwood Softwood
Hardwood
Specify Others
By-Product Chips^ Softwood
Hardwood
Shavings
Sawdust
Bark
HogfueP
Other
TOTAL
TOTAL
TOTAL
8. BARK AND WOOD RESIDUES TRANSACTIONS/UTILIZATION: From the 1st of January to the 31st of December in the year for
which this return is made, the following quantities of bark and
wood residues were produced, shipped or internally utilized in
the following manner.
By-Product Chips^
Shavings
Sawdust
Bark
HOGFUEL^
Other
Residue
All measurements in cubic metres (m').
TOTAL PRODUCTION
DESTINATION - RESIDUE SHIPMENTS
MNR USE ONLY
MILL NO.
Softwood
Hardwood
COMPANY AND LOCATION
Agricultural Shipments
247
Reg./Règl. 260
CROWN TIMBER
Reg./Règl. 260
By-Product Chips^
Shavings
Sawdust
Bark
HOOFUEL'
Other
Residue
TOTAL SHIPMENTS (Sub-Total)
INI HRNAL UTILIZATION
Internal Manufacturing
Internai Energy
Waste (burned, dumped, etc.)
To Inventory
Other
TOTAL INTERNAL UTILIZATION
(Sub-Total)
TOTAL
9. OPERATIONS:
Shifts Per Day
8-hour Basis
Total Number Of
Days Operated
Number of days the mill operated during the year for which this
return is made
Total average number of employees during daily operations
(do not double count)
1
2
3
Woodlandi
MUl
10.
Signature of mill licensee
Date
Telephone No. (including
area code)
( )■
Footnotes:
1 Whole-Tree Chips: wood chips produced by whole-tree chipping operations in the forest.
2 By-Product Chips: wood chips produced in sawmilling or veneering operations.
3 Hog Fuel: a mixture in any proportion of chips, shavings, sawdust, bark, and/or slabs and edgings for burning. Do not double
count volumes.
4 Captive Chips: wood chips produced as a by-product and acquired from company's own sawmill or veneer mill.
5 Market Chips: wood chips produced as a by-product of sawmilling or veneering operations and purchased in the open market.
6 1,000 fbm oisawn material = 2.3596 cubic metres (m^) solid wood equivalent.
7 1,000 ft2 (5/8" basis) = 1.475 m'
1,000 ft^ (1/4" basis) = 0.590 m'
O. Reg. 131/87, s. 9.
248
Reg./Règl. 260
BOIS DE LA COURONNE
Reg./Règl. 260
Form?
Crown Timber Act
SCALER'S LICENCE
MINISTRY OF NATURAL RESOURCES
Issued under authority of the Crown Timber Act, and subject to the limitations thereof.
Licence Number
Day
Date of Issue
Month
Year
Date of Expiry
Day Month Year
Name of Scaler
Address
Licence to Measure
Signature of Scaler
Minister of Natural Resources
R.R.O. 1980, Reg. 234, Form 6.
Forms
Crown Timber Act
APPLICATION FOR RENEWAL OF SCALER'S LICENCE
(Name of applicant, in block letters)
of
(post-office address)
apply to the Minister of Natural Resources for renewal of Scaler's Licence, No
Date of application ,19..
Signature of applicant
R.R.O. 1980, Reg. 234, Form 7.
Form 9
Crown Timber Act
SPECIAL PERMIT
FEES
Under the Crown Timber Act, and subject to the limitations thereof, this special permit is issued to
of
No..
to measure
until the of
Issued at Toronto the of .
., 19.
,19.
(signature of permit-holder)
Minister of Natural Resources
R.R.O. 1980, Reg. 234, Form i
249
Reg./Règl. 260 CROWN TIMBER Reg./Règl. 260
Form 10
Crown Timber Act
NOTICE OF SEIZURE OF TIMBER
Take Notice that, under section 22 of the Crown Timber Act, seizure has this day been made of the following timber:
located at
(give details as to location as accurately as practicable)
in
(city, town, village, or township, county or district)
Dated the of , 19
(day) (month)
at , Ontario.
(an officer or agent under the Act)
R.R.O. 1980, Reg. 234, Form 9.
250
Reg./Règl. 261
Reg./Règl. 261
Dangerous Goods Transportation Act
Loi sur le transport de matières dangereuses
REGULATION 261
GENERAL
1. In this Regulation, "Federal Regulations" means the English
version, exclusive of Parts X, XI and XIII and of the provisions deal-
ing with radioactive materials, of the Transportation of Dangerous
Goods Regulations made under the Transportation of Dangerous
Goods Act (Canada). O. Reg. 460/89, s. 1.
2. The safety requirements, safety standards and safety marks set
out in the Federal Regulations are prescribed for the purpose of sec-
tion 3 of the Act. O. Reg. 460/89, s. 2.
3. No person shall transport dangerous goods on a highway under
circumstances where the transportation is prohibited in the Federal
Regulations. O. Reg. 460/89, s. 3.
4. No person shall transport dangerous goods on a highway, the
transportation of which is prohibited in the Federal Regulations.
O. Reg. 460/89, s. 4.
5. No person shall transport dangerous goods in or on a vehicle
on a highway where a direction has been given under section 28 of
the Transportation of Dangerous Goods Act (Canada) in respect of
that transportation except in accordance with the direction.
O. Reg. 460/89, s. 5.
6.— (1) For purposes of this Regulation,
"inspector" when used in the Federal Regulations includes an
inspector designated under subsection 9 (1) of the Act;
"means of transportation" when used in the Federal Regulations
means a vehicle or combination of vehicles.
(2) The form prescribed for use as a manifest for waste by the
regulations under the Environmental Protection Act is prescribed as
the form referred to in sub-subparagraph 4.15 (c) (ii) (B) of the Fed-
eral Regulations. O. Reg. 460/89, s. 6.
7. Parts III to IX of the Federal Regulations do not apply to pro-
hibit the transportation of dangerous goods in a vehicle operated by
or on behalf of the province, a municipality or other authority having
jurisdiction and control of a highway where the vehicle is engaged in,
(a) collecting abandoned or spilled materials from the highway;
or
(b) transporting dangerous goods from a highway to a storage
or disposal site after a dangerous occurrence as defined in
paragraph 9.1 (a) of Part IX of the Federal Regulations.
O. Reg. 460/89, s. 7.
8.— (1) Subject to subsection (2), every person who transports
dangerous goods on a highway shall carry with an insurer licensed
under the Insurance Act motor vehicle liability insurance in an
amount of not less than $2,000,000 for each motor vehicle or combi-
nation of vehicles used to transport dangerous goods,
(a) of a type set out in Column 1 of Schedule XII to the Federal
Regulations;
(b) in a quantity for such type as set out in section 7.18 of Part
VII of the Federal Regulations; and
(c) in a manner referred to in section 7.16 of Part VII of the
Federal Regulations.
(2) A person who transports dangerous goods on a highway and
who is not a resident of Ontario may carry the insurance required by
subsection (1) with an insurer who is authorized to transact the insur-
ance in the state or province in which the owner or operator resides,
if the insurer files with the Registrar of Motor Vehicles,
(a) a power of attorney authorizing the Registrar to accept ser-
vice of notice or process for the insurer and the insured in
any action or proceeding arising out of a motor vehicle acci-
dent in Ontario;
(b) an undertaking to appear in any action or proceeding
arising out of a motor vehicle accident in Ontario of which
it has knowledge;
(c) an undertaking not to set up as a defence to any claim,
action or proceeding under a motor vehicle liability policy
issued by it a defence that could not be set up if the policy
had been issued in Ontario in accordance with the law of
Ontario relating to motor vehicle liability f)olicies; and
(d) an undertaking to satisfy up to $2,000,000 any judgment
rendered and become final against the insurer or the
insured by a court in Ontario in any such action or
proceeding. O. Reg. 460/89, s. 8.
251
i
Reg./Règl. 262
Reg./Règl. 262
Day Nurseries Act
Loi sur les garderies
REGULATION 262
GENERAL
1. In this Regulation,
"actual cost" means the cost of a building project and includes,
(a) fees payable for the services of an architect, professional
engineer or other consultant,
(b) the cost of purchasing and installing furnishings and equip-
ment,
(c) the cost of land surveys, soil tests, permits, licences and
legal fees,
(d) the cost of paving, sodding and landscaping, and
(e) the cost of acquiring the land necessary for the building
project;
"approved cost" means that portion of the actual cost of a building
project approved by the Minister;
"architect" means an architect who is a member in good standing of
the Ontario Association of Architects;
"building project" means a project composed of one or more of the
following elements:
1. The purchase or other acquisition of all or any part of an
existing building or buildings including the land contiguous
thereto.
2. Any renovations or alterations to an existing building or
buildings.
3. Additions to an existing building or buildings.
4. The purchase or other acquisition of vacant land for the
purpose of constructing a building or buildings thereon.
5. The erection of a new building or any part thereof.
6. The demolition of a building.
7. The installation of public utilities, sewers and items or ser-
vices necessary for access to the land or building or build-
ings;
"charitable corporation" means a corporation without share capital
having objects of a charitable nature,
(a) to which Part III of the Corporations Acl applies, or
(b) that is incorporated under a general or special Act of the
Parliament of Canada;
"common parentage" with respect to the more than five children
referred to in the definition of "day nursery" in section 1 of the
Act means that all of the children have as a parent the same indi-
vidual;
"handicapped child" means a child who has a physical or mental
impairment that is likely to continue for a prolonged period of
time and who as a result thereof is limited in activities pertaining to
normal living as verified by objective psychological or medical
findings and includes a child with a developmental handicap;
"integrated day nursery" means a day nursery that is licensed by the
Minister to provide services for both handicapped children and
children who are not handicapped;
"licensed capacity" means the maximum number of children, includ-
ing the number in each age group, allowed to be in attendance in
the day nursery at one time as set out in the licence of the day nur-
sery;
"liquid assets" means cash, bonds, debentures, stocks, an interest in
real property, the beneficial interest in assets held in trust and
available to be used for maintenance and any other assets that can
readily be converted into cash;
"net cost" means operating cost less revenue from fees;
"operating cost" means the gross expenditure reasonable and neces-
sary for providing day nursery services or private-home day care,
or both, less income other than revenue from fees;
"parent" includes a person having lawful custody of a child or a per-
son who has demonstrated a settled intention to treat a child as a
child of his or her family;
"person in need" means,
(a) a person eligible for an allowance under the Family Benefits
Act,
(b) a person eligible for general assistance under the General
Welfare Assistance Act, or
(c) a person who by reason of financial hardship, inability to
obtain regular employment, lack of the principal family
provider, illness, disability or old age, has available daily
income, as determined by a welfare administrator in accor-
dance with Form 1 taking into account the liquid assets of
the person, that is less than the daily cost of providing day
nursery services or providing private-home day care, as the
case may be, to the person's child or children;
"professional engineer" means a professional engineer who is a
member in good standing of the Association of Professional Engi-
neers of the Province of Ontario;
"serious occurrence" means,
(a) the death of a child while in attendance at a day nursery or
in receipt of private-home care,
(b) any serious injury to a child while in attendance at a day
nursery or in receipt of private-home day care,
(c) fire or other disaster occurring on the premises of a day nur-
sery or on premises providing private-home day care,
(d) a complaint concerning operational, physical or safety stan-
dards on the premises of a day nursery or where private-
home day care is being provided,
(e) abuse of a child within the meaning of the Child and Family
Services Act by a staff member of a day nursery or person in
charge of a location where private-home day care is being
provided or by any other person while the child is attending
253
Reg./Règl. 262
DAY NURSERIES
Reg./Règl. 262
the day nursery or IcKation where private-home day care is
being provided;
"welfare administrator" means a municipal welfare administrator, a
regional welfare administrator or a welfare administrator of a
band, as the case may be, appointed under the General Welfare
Assistance Act. O. Reg. 760/83, s. 1; O. Reg. 144/87, s. 1.
2.— (1) A charitable corporation that operates or proposes to
operate a day nursery for handicapped children is a class of corpora-
tion that may be approved under section 6 of the Act.
(2) A corporation,
(a) that is a charitable corporation; or
(b) to which the Co-operative Corporations Act applies and
whose articles provide that the corporation shall be carried
on without the purpose of gain for its members and that any
profits or other accretions to the corporation shall be used
in promoting its objects,
that operates or proposes to operate a day nursery is a class of corpo-
ration that may be approved under section 6 of the Act. O. Reg.
760/83, s. 2.
Organization and Management
3.— (1) Subject to subsections (2) and (3), every operator shall be
responsible for the operation and management of each day nursery
or private-home day care agency operated by the operator, including
the program, financial and personnel administration of each such day
nursery or private-home day care agency.
(2) An operator may appoint a person who shall be responsible
to the operator for the day-to-day operation and management of
each day nursery or private-home day care agency in accordance
with subsection (1).
(3) Where an operator or a person appointed under subsection
(2) is absent, the powers and duties of the operator or the person
appointed under subsection (2) shall be exercised and performed by
such person as the operator designates.
(4) Every operator of a private-home day care agency shall
employ at least one full-time private-home day care visitor, who shall
be a person described in section 61, for each twenty-five locations
where private-home day care is provided by the operator, unless oth-
erwise approved by a Director, who shall provide support and super-
vision at each location where private-home day care is provided by
the operator and who shall be responsible to the operator.
(5) Every operator of a day nursery shall employ a supervisor,
who shall be a person described in section 58, who shall plan and
direct the program of the day nursery, be in charge of the children,
oversee the staff and who shall be responsible to the operator.
O. Reg. 760/83, s. 3.
Building and Accommodation
4.— (1) Every person who applies for a licence to establish, oper-
ate or maintain a day nursery under section 1 1 of the Act shall at the
time of application file with a Director evidence that the premises
used or to be used as a day nursery comply with,
(a) the laws affecting the health of inhabitants of the municipal-
ity or the reserve of a band, as the case may be;
(b) any rule, regulation, direction or order of the local board of
health and any direction or order of the local medical offi-
cer of health that may affect the operation;
(c) any by-law of the municipality or any by-law of the council
of the band on the reserve, as the case may be, and any
other law for the protection of persons from fire hazards;
(d) any restricted area, standard of housing or building by-law
passed by the municipality in which the premises are
located pursuant to Part V of the Planning Act or any pre-
decessor thereof and any by-law of the council of the band
on the reserve to regulate the construction, repair or use of
buildings;
(e) the requirements of the Building Code made under the
Building Code Act, where applicable; and
(f) the requirements of the Fire Code made under the Fire
Marshals Act, where applicable.
(2) Every person who applies for a licence to establish, operate
or maintain a private-home day care agency under section 11 of the
Act shall ensure that each location used or to be used by the person
to provide private-home day care complies with clauses (1) (a), (b),
(c) and (d). O. Reg. 760/83, s. 4.
5.— (1) Where a person proposes that a new building be erected
or an existing building be used, altered or renovated for use as a day
nursery or that alterations or renovations be made to premises used
by a day nursery, the person shall not commence the erection, use,
alteration or renovation until plans, including those of the play-
ground area for the day nursery, are approved by a Director, except
where the plans are approved by the Minister under section 69.
(2) The plans referred to in subsection (1) shall include space des-
ignated for each of the following:
1. Washing, dressing, toileting and isolation.
2. Storage for toys, indoor play materials and equipment.
3. Storage for food.
4. Storage of required records.
5. Storage for medical supplies, cleaning materials and equip-
ment and other hazardous substances.
6. Heating and electrical equipment.
(3) Every operator of a day nursery shall ensure that the spaces in
each day nursery operated by the operator that are referred to in
paragraphs 5 and 6 of subsection (2) are inaccessible to children.
O. Reg. 760/83, s. 5 (1-3).
(4) The operator of a day nursery that has a program that runs for
six hours or more in a day shall ensure that in addition to the spaces
referred to in subsection (2) the day nursery has space designated for
each of the following:
1. Eating and resting.
2. The preparation of food if meals are prepared on the prem-
ises.
3. Storage for beds and linen.
4. Astaff rest area.
5. Storage for outdoor play equipment.
6. Office area. O. Reg. 760/83, s. 5 (4); O. Reg. 467/87,
s. 1.
6.— (1) Subject to subsection (2), every operator of a day nursery
shall ensure that each day nursery operated by the operator has play
activity space of at least 2.8 square metres of unobstructed floor
space for each child based on the licensed capacity.
(2) In the case of a day nursery for handicapped children, the
play activity space referred to in subsection (1) shall,
(a) be at least five square metres of unobstructed floor space
for each child based on the licensed capacity; and
254
Reg./Règl. 262
GARDERIES
Reg./Règl. 262
I
(b) where more than twelve children but fewer than twenty-
four children are enrolled, be divided into two separate
rooms with one additional room being provided for each
twelve children or less where there are in excess of twenty-
three children. O. Reg. 760/83, s. 6.
7. Every operator of an integrated day nursery that enrols handi-
capped children funded under the Act or the Developmental Services
Act shall ensure that each such day nursery operated by the operator
has one room or area set aside as a resource area for individual and
small group training of the handicapped children. O. Reg. 760/83,
s. 7.
8. Every operator of a day nursery shall ensure that each day nur-
sery operated by the operator has,
(a) where the day nursery is licensed to enrol children under
eighteen months of age,
(i) a separate play activity room for each ten children or
less based on the licensed capacity, and
(ii) a separate sleeping area that is separated from any
play activity space for each ten children or less based
on the licensed capacity;
(b) where a day nursery is licensed to care for children eighteen
months of age or over up to and including thirty months of
age, a separate play activity room for each fifteen children
or less based on the licensed capacity;
(c) where the day nursery is licensed to care for children thirty-
one months of age or over up to and including five years of
age, a separate play activity room for each twenty-four chil-
dren or less based on the licensed capacity; and
(d) where the day nursery is licensed to care for children six
years of age or over up to and including nine years of age, a
separate play area for each thirty children or less based on
the licensed capacity. O. Reg. 760/83, s. 8.
9. Every operator of a day nursery shall ensure that each room in
each day nursery operated by the operator that is for the use of chil-
dren under six years of age or for the use of handicapped children is
on or below the second storey unless otherwise approved by a
Director. O. Reg. 760/83, s. 9.
10. Every operator of a day nursery shall ensure that the window
glass area in each play activity room of each day nursery operated by
the operator that has a program that runs for six hours or more and
that was licensed for the first time after the 31st day of December,
1983, contains an area that is at least equivalent to 10 per cent of the
floor area of the play activity room. O. Reg. 760/83, s. 10, revised.
11. Every operator of a day nursery shall ensure that artificial
illumination in each play activity room of each day nursery operated
by the operator is at the level of at least 55 dekalux. O. Reg.
760/83, s. 11.
12. Every operator shall ensure that in each day nursery operated
by the operator and in each location where private-home day care is
provided by the operator, the temperature is maintained at a level of
at least twenty degrees Celsius. O. Reg. 760/83, s. 12.
13.— (1) Every operator of a private-home day care agency shall
ensure that before a premises is used as a location where private-
home day care is to be provided by the operator, the premises,
including the outdoor play space, is inspected by a private-home day
care visitor employed by the operator to ensure compliance with the
Act and this Regulation and, where the premises is so used, that fur-
ther inspections are carried out every three months from the time of
the initial inspection and at such other times as the operator or a
Director considers necessary.
(2) The operator shall ensure that a record is kept of each inspec-
tion made under subsection (1) and that the record is maintained for
at least two years from the date of the inspection,
s. 13.
Equipment and Furnishings
O. Reg. 760/83,
14.— (1) Every operator of a day nursery shall ensure that the play
equipment and furnishings in each day nursery operated by the oper-
ator are provided in numbers that are adequate to serve the licensed
capacity of the day nursery and are of such a type and design so as to
meet the needs of the children enrolled, having regard to the ages of
the children, their developmental levels and the type of program
offered in the day nursery.
(2) Every operator of a day nursery shall ensure that the play
equipment in each day nursery operated by the operator is sufficient
in quantity to allow for rotation and includes equipment for gross
motor activity in the playground area. O. Reg. 760/83, s. 14.
15. Every operator of a day nursery shall ensure that the follow-
ing equipment and furnishings are provided in each day nursery
operated by the operator:
1. Where the day nursery is licensed to enrol children under
eighteen months of age, a table or counter space for every
ten children, based on the licensed capacity, that is adjacent
to a sink and suitable for dressing or changing the diaper of
one child at a time.
2. Where the day nursery is licensed to enrol children eighteen
months of age or over up to and including thirty months of
age, a table or counter space for every fifteen children,
based on the licensed capacity, that is adjacent to a sink and
suitable for dressing or changing the diaper of one child at a
time.
3. Bedding for use during rest periods for each child enrolled
for s« hours or more.
4. For each child under eighteen months of age enrolled in the
day nursery, a cradle or crib that complies with the stan-
dards for cradles and cribs in the regulations made under
the Hazardous Products Act (Canada).
5. For each child eighteen months of age or over up to and
including thirty months of age enrolled for six hours or
more, a cot.
6. For each child thirty-one months of age or over up to and
including five years of age enrolled for six hours or more, a
cot, unless otherwise approved by a Director. O. Reg.
760/83, s. 15.
16. Every operator shall ensure that the equipment and furnish-
ings in each day nursery operated by the operator or in each location
where private-home day care is provided by the operator are main-
tained in a safe and clean condition and kept in a good state of
repair. O. Reg. 760/83, s. 16.
17. Every operator of a private-home day care agency shall
ensure that there are written policies, practices and procedures with
respect to the provision of equipment in each location where private-
home day care is provided by the operator, and the responsibilities of
the operator and each person in charge of the children in each loca-
tion where private-home day care is provided with respect to the
equipment are contained in the written agreement referred to in sub-
section 51 (1). O. Reg. 760/83, s. 17.
18. Every operator of a private-home day care agency shall
ensure that the equipment and furnishings in each location where
private-home day care is provided by the operator include,
(a) indoor and outdoor play material and equipment in suffi-
cient numbers and of a type suitable to meet the needs of
the children in receipt of private-home day care;
(b) a cradle or crib or a playpen that complies with the stan-
255
Reg./Règl. 262
DAY NURSERIES
Reg./Règl. 262
dards for cradles, cribs and playpens in the regulations
made under the Hazardous Products Act (Canada) for each
child under eighteen months of age that is in receipt of pri-
vate-home day care;
(c) a cradle or crib that complies with the standards for cradles
and cribs in the regulations made under the Hazardous
Products Act (Canada) or a cot or bed for each child eight-
een months of age or over that is in receipt of private-home
daycare; and
(d) bedding for each child in receipt of private-home day care.
O. Reg. 760/83, s. 18.
19. Every operator of a private-home day care agency shall
ensure that in respect of each location where private-home day care
is provided by the operator,
(a) all poisonous and hazardous substances are inaccessible to
children in attendance; and
(b) all firearms are locked up and the key, if any, is inaccessible
to children in attendance. O. Reg. 760/83, s. 19.
20. Every operator shall ensure that each day nursery operated
by the operator and each location where private-home day care is
provided by the operator is equipped with telephone service or an
alternative means of obtaining emergency assistance that is approved
by a Director. O. Reg. 760/83, s. 20.
Playground
21.— (1) Every operator of a day nursery shall ensure that each
day nursery operated by the operator that has a program that runs
for six hours or more in a day has an outdoor play space that is at
least equivalent to 5.6 square metres for each child based on the
licensed capacity, unless otherwise approved by a Director.
(2) Where the licensed capacity of a day nursery is greater than
sixty-four children, the play space referred to in subsection (1) may
be divided into two or more areas by a fence to allow all the children
to use the play space at one time, if each fenced-in area is not used
for more than sixty-four children at one time. O. Reg. 760/83,
s. 21.
22. Every operator of a day nursery shall ensure that each play-
ground in each day nursery operated by the operator,
(a) is at ground level and adjacent to the premises, unless oth-
erwise approved by a Director;
(b) used by children under six years of age, is fenced to a mini-
mum height of 1.2 metres and the fence is furnished with
one or more gates that are securely closed at all times; and
(c) is so designed that the staff can maintain constant supervi-
sion of the children. O. Reg. 760/83, s. 22.
23. Every operator of a private-home day care agency shall
ensure that in each location where private-home day care is provided
by the operator, no child in attendance is permitted to play on a bal-
cony unless an adult is present on the balcony. O. Reg. 760/83,
s. 23.
24. Every operator of a private-home day care agency shall
ensure that outdoor play in each location where private-home day
care is provided by the operator is supervised in accordance with
plans agreed upon by the person in charge of the children in that
location and a parent of each child enrolled in that location and a pri-
vate-home day care visitor. O. Reg. 760/83, s. 24.
Inspection
25.— (1) Every operator shall ensure that, where a report is made
by the local medical officer of health or any person designated by the
local medical officer of health or the local fire department with
respect to a day nursery operated by the operator or a location where
private-home day care is provided by the operator, one copy of the
report is kept on the premises of the day nursery or at the head office
of the private-home day care agency for at least two years from the
date of its making and another copy is sent forthwith to a program
advisor.
(2) Every operator shall ensure that in respect of each day nur-
sery operated by the operator and each location where private-home
day care is provided by the operator, a record is kept of all inspec-
tions made by any person referred to in subsection (1) and any per-
son designated as a program advisor under subsection 16 (1) of the
Act and that in the case of a day nursery any recommendations are
recorded in the daily written record referred to in section 30.
O. Reg. 592/84, s. 1.
Insurance
26. Every operator shall ensure that a policy of insurance with
respect to each day nursery or private-home day care agency oper-
ated by the operator is obtained and maintained in full force and
effect that includes,
(a) comprehensive general liability coverage and personal
injury coverage, including, where applicable, coverage for
the employees of each day nursery, volunteers in each day
nursery, employees of each private-home day care agency
and each person in charge of a location where private-home
day care is provided by the operator; and
(b) motor vehicle coverage for all vehicles owned by the
operator. O. Reg. 760/83, s. 26.
Fire Safety and Emergency Information
27.— (1) Every operator of a day nursery shall ensure that in
respect of each day nursery operated by the operator,
(a) a written procedure approved by the local fire chief is estab-
lished with respect to the duties of each member of the staff
of each day nursery in the event of a fire;
(b) each staff member of each day nursery is instructed as to his
or her responsibilities in the event of a fire before com-
mencing work for the first time;
(c) the written procedure referred to in clause (a) is posted in a
conspicuous place in each room in each day nursery that is
used for the care of children;
(d) a fire drill is conducted at least once a month;
(e) a written record is kept of all fire drills, all tests of the fire
alarm system and all tests of fire protection equipment and
that each record is retained for at least two years from the
date of the drill and test; and
(f) there is a designated place of shelter in the event the day
nursery must be evacuated due to an emergency.
(2) Every operator of a private-home day care agency shall
ensure that a written procedure is established with respect to evacua-
tion in the event of fire for each location where private-home day
care is provided by the operator. O. Reg. 760/83, s. 27.
28. Every operator shall ensure that there is an up-to-date list of
telephone numbers in each day nursery operated by the operator or
in each location where private-home day care is provided by the
operator that is accessible in the event of an emergency and that
includes the telephone numbers of,
(a) the fire department;
(b) the nearest hospital;
(c) the nearest ambulance service;
I
256
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GARDERIES
Reg./Règl. 262
(d) the nearest poison control centre;
(e) the poHce department;
(f) a taxi service; and
(g) the private-home day care agency, in the case of a location
where private-home day care is provided. O. Reg. 760/83,
s. 28.
29. Every operator shall ensure that the following information is
readily accessible in the event of an emergency to each staff member
of each day nursery and each private-home day care agency operated
by the operator and each person in charge of each location where pri-
vate-home day care is provided by the operator:
1. The name, address and telephone number of the family
physician of each child enrolled in each day nursery or with
each private-home day care agency operated by the opera-
tor and the Ontario Hospital Insurance Plan number under
which the child is covered, including the surname and initial
of the subscriber.
2. The home and work addresses and telephone numbers of a
parent of each child enrolled in each day nursery or with
each private-home day care agency operated by the opera-
tor and a telephone number of a person to be contacted if a
parent cannot be reached.
3. Any special medical or additional information provided by
a parent of each child enrolled in each day nursery or with
each private-home day care agency operated by the opera-
tor that could be helpful in an emergency. O. Reg.
760/83, s. 29.
Health and Medical Supervision
30. Every operator of a day nursery shall ensure that a daily writ-
ten record is maintained that includes a summary of any incident
affecting the health, safety or well-being of the staff or any child
enrolled in a day nursery operated by the operator and that the
record is kept for at least two years from the date of its making.
O. Reg. 760/83, s. 30.
31. Every operator of a day nursery shall ensure that any recom-
mendation or instruction of a medical officer of health with respect
to any matter that may affect the health or well-being of a child
enrolled in a day nursery operated by the operator is carried out by
the staff of the day nursery. O. Reg. 760/83, s. 31.
32. Every operator shall ensure that there are policies and proce-
dures approved by a Director with respect to sanitary practices in
each day nursery operated by the operator or each location where
private-home day care is provided by the operator. O. Reg. 760/83,
s. 32.
33.— (1) Every operator shall ensure that before a child is admit-
ted to a day nursery operated by the operator or to a location where
private-home day care is provided by the operator, and from time to
time thereafter, the child is immunized as recommended by the local
medical officer of health.
(2) Subsection (1) does not apply where a parent of the child
objects in writing to the immunization on the ground that the
immunization conflicts with the sincerely held convictions of the par-
ent's religion or conscience or a legally qualified medical practitioner
gives medical reasons in writing to the operator as to why the child
should not be immunized. O. Reg. 1 19/86, s. 1.
34.— (1) Every operator shall ensure that a daily observation is
made of each child in attendance in each day nursery operated by the
operator or in each location where private-home day care is provided
by the operator before the child begins to associate with other chil-
dren in order to detect possible symptoms of ill health.
(2) Every operator shall ensure that where a child in attendance
in a day nursery operated by the operator or in a location where pri-
vate-home day care is provided by the operator appears to be ill, the
child is separated from other children and the symptoms of the illness
noted in the child's records.
(3) Where a child is separated from other children because of a
suspected illness, the operator shall ensure that,
(a) a parent of the child takes the child home; or
(b) where it is not possible for a parent of the child to take the
child home or where it appears that the child requires
immediate medical attention, the child is examined by a
legally qualified medical practitioner or a nurse registered
under the Health Disciplines Act. O. Reg. 760/83, s. 34.
35. Every operator shall ensure that,
(a) there are written policies and procedures with respect to
serious occurrences in each day nursery operated by the
operator and each location where private-home day care is
provided by the operator; and
(b) a program adviser is notified of any serious occurrence in
any day nursery operated by the operator or any location
where private-home day care is provided by the operator
within twenty-four hours of its happening. O. Reg.
760/83, s. 35.
36. Every operator shall ensure that there is a first-aid kit and
first-aid manual that is readily available for first-aid treatment in a
day nursery operated by the operator and in each location where pri-
vate-home day care is provided by the operator. O. Reg. 760/83,
s. 36.
37. Where an operator agrees to the administration of drugs or
medications, the operator shall ensure that,
(a) a written procedure is established by a legally qualified
medical practitioner or a nurse registered under the Health
Disciplines Act for,
(i) the administration of any drug or medication to a
child in attendance in a day nursery operated by the
operator or In a location where private-home day
care is provided by the operator, and
(ii) the keeping of records with respect to the adminis-
tration of drugs and medications, including those
records required under the Narcotic Control Act
(Canada);
(b) all drugs and medications on the premises of a day nursery
or a location where private-home day care is provided are,
(i) stored in accordance with the instructions for storage
on the label,
(ii) administered In accordance with the instructions on
the label and the authorization received under clause
(d),
(iii) inaccessible at all times to children, and
(iv) in the case of a day nursery, kept in a locked con-
tainer;
(c) one person In each day nursery operated by the operator
and each location where private-home day care Is provided
by the operator is in charge of all drugs and medications
and that all drugs and medications are dealt with by that
person or a person designated by that person in accordance
with the procedures established under clause (a);
(d) a drug or medication is administered to a child only where a
parent of the child gives written authorization for the
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administration of the drug or medication and that included
with the authorization is a schedule that sets out the times
the drug or medication is to be given and amounts to be
administered; and
(e) a drug or medication is administered to a child only from
the original container as supplied by a pharmacist or the
original package and that the container or package is clearly
labelled with the child's name, the name of the drug or
medication, the dosage of the drug or medication, the date
of purchase and instructions for storage and administration.
O. Reg. 760/83, s. 37; O. Reg. 119/86, s. 2.
38. Every operator shall ensure that every dog and cat that is kept
on the premises of a day nursery operated by the operator or location
where private-home day care is provided by the operator is inocu-
lated against rabies. O. Reg. 760/83, s. 38.
Nutrition
39. Every operator shall ensure that,
(a) each infant under one year of age that is in attendance in a
day nursery operated by the operator or in a location where
private-home day care is provided by the operator is fed in
accordance with written instructions from a parent of the
child;
(b) where food or drink or both is supplied by a parent of a
child in attendance in a day nursery operated by the opera-
tor or location where private-home day care is provided by
the operator, the container for the food or drink is labelled
with the child's name; and
(c) all food or drink is stored, prepared and served so as to
retain maximum nutritive value and prevent contamination.
O. Reg. 760/83, s. 39.
40.— (1) Every operator shall ensure that each child one year of
age or over that is in attendance in a day nursery operated by the
operator or in a location where private-home day care is provided by
the operator is provided with,
(a) subject to section 43, where the child is in attendance at
meal time, a meal consisting of at least one serving from
milk and milk products, one serving from meat and alter-
nates, one serving from bread and cereals, and two servings
from fruits and vegetables within the range set out in Col-
umn 2 or 3, as the case may be, of Schedule 1, for each food
group set out opposite thereto in Column 1 of Schedule 1,
except where otherwise approved by a Director in the case
of a child five years of age or over; and
(b) nutritious between-meal snacks consisting of foods that will
promote good dental health at times that will not interfere
with a child's appetite for meal time.
(2) Where a child referred to in subsection (1) is in attendance for
six hours or more, the operator shall ensure that the total food
offered to the child over the period of attendance for each food
group set out in Column 1 of Schedule 2 is within the range set out
opposite thereto in Column 2 of Schedule 2. O. Reg. 760/83, s. 40.
41.— (1) Every operator of a day nursery shall post planned
menus for the current and following week in a conspicuous place in
each day nursery operated by the operator with any substitutions
noted on the posted menus.
(2) A menu referred to in subsection (1) shall be retained by the
operator for thirty days after the last day for which it is applicable.
(3) Every operator of a private-home day care agency shall
ensure that each person in charge of the children in each location
where private-home day care is provided by the operator plans
menus in consultation with the child's parents, and a private-home
day care visitor. O. Reg. 760/83, s. 41.
42. Every operator of a day nursery shall ensure that a list is
posted in each cooking and serving area of each day nursery oper-
ated by the operator that sets out the names of the children enrolled
in the day nursery that have food allergies and their respective
allergies. O. Reg. 760/83, s. 42.
43. Every operator shall ensure that where special dietary and
feeding arrangements have been made with the operator with respect
to a child enrolled in a day nursery operated by the operator or in a
location where private-home day care is provided by the operator
that the arrangements are carried out in accordance with the written
instructions of a parent of the child. O. Reg. 760/83, s. 43.
Behaviour Management
44.— (1) Every operator shall ensure that there are written poli-
cies and procedures with respect to discipline, punishment and any
isolation measures to be used by employees in each day nursery
operated by the operator and by each person in charge of a location
where private-home day care is provided by the operator and that
the policies and procedures set out the permitted and prohibited
practices.
(2) The policies and procedures referred to in subsection (1) shall
be reviewed with all employees of each day nursery or private-home
day care agency operated by the operator and each person in charge
of a location where private-home day care is provided by the opera-
tor upon commencement of employment and before any child is
placed in a location where private-home day care is provided by the
operator, and at least annually thereafter. O. Reg. 760/83, s. 44.
45.— (1) No operator shall permit,
(a) corporal punishment of a child by an employee of the oper-
ator, by a person in charge of a location where private-
home day care is provided by the operator, or by another
child or group of children;
(b) deliberate harsh or degrading measures to be used on a
child that would humiliate a child or undermine a child's
self-respect; and
(c) deprivation of a child of basic needs including food, shelter,
clothing or bedding.
(2) No operator shall, unless otherwise approved by a Director,
(a) lock or permit to be locked for the purpose of confining a
child the exits of a day nursery operated by the operator or
location where private-home day care is provided by the
operator; or
(b) use a locked or lockable room or structure to confine a child
who has been withdrawn from other children. O. Reg.
760/83, s. 45.
46. Every operator shall ensure that policies and procedures with
respect to the contravention of any matter set out in sections 44 and
45 are developed and maintained and that the policies and proce-
dures are reviewed with each employee of each day nursery and pri-
vate-home day care agency operated by the operator and each per-
son in charge of a location where private-home day care is provided
by the operator upon commencement of employment and before any
child is placed in a location where private-home day care is provided
by the operator, and at least annually thereafter. O. Reg. 760/83,
s. 46.
47. Every operator of a private-home day care agency shall
ensure that there is a written procedure for monitoring the behaviour
management practices of each person in charge of a location where
private-home day care is provided by the operator and a record of
the monitoring shall be kept by the operator. O. Reg. 760/83,
s. 47.
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f
(
Enrolment and Records
48.— (1) Every operator shall ensure that up-to-date records that
are available for inspection by a program adviser at all times are kept
on the premises of a day nursery or private-home day care agency
operated by the operator that include in respect of each child
enrolled,
(a) an application, in a form provided by the Minister, for
enrolment signed by a parent of the child;
(b) the name, date of birth and home address of the child;
(c) the names, home addresses and telephone numbers of the
parents of the child;
(d) the address and telephone number at which a parent of the
child or other person can be reached in case of an emer-
gency during the hours when the child is receiving care;
(e) the names of persons to whom the child may be released;
(f) the name, address and telephone number of the child's fam-
ily physician;
(g) the Ontario Hospital Insurance Plan number under which
the child is covered including the surname and initial of the
subscriber;
(h) the date of admission of the child;
(i) the date of discharge of the child;
(j) the child's previous history of communicable diseases, con-
ditions requiring medical attention, and in the case of a
child who is not in attendance at a school within the mean-
ing of the Education Act, immunization or any statement
from a parent or legally qualified medical practitioner as to
why the child should not be immunized;
(k) any symptoms indicative of ill health;
(1) written instructions signed by a parent of the child for any
medical treatment or drug or medication that is to be
administered during the hours the child is receiving care;
and
(m) written instructions signed by a parent of the child concern-
ing any special requirements in respect of diet, rest or exer-
cise.
(2) Every operator shall ensure that a record is kept of the daily
attendance of each child enrolled in each day nursery operated by
the operator and in each location where private-home day care is
provided by the operator.
(3) In the case of a day nursery, the daily attendance record
referred to in subsection (2) shall show the arrival and departure of
each child or if a child is absent.
(4) Every operator shall ensure that up-to-date records are kept
in respect of each handicapped child who is enrolled in a day nursery
operated by the operator or a location where private-home day care
is provided by the operator and who is funded under the Act or
under the Developmental Services Act, that include,
(a) where applicable, consent forms signed by a parent of the
child allowing participation of the child in any special pro-
grams or services;
(b) a record of all referrals with respect to the child;
(c) a record of all home visits to the child by staff of the day
nursery or the private-home day care agency; and
(d) a summary of any assessments carried out on the child
together with the date of the assessment.
(5) Every operator shall ensure that the records required to be
maintained under this section with respect to a child are retained for
at least two years after the discharge of the child. O. Reg. 760/83,
s. 48.
49. No operator shall require as a condition of enrolling a child in
a day nursery or with a private-home day care agency operated by
the operator a prior consent from a parent of the child to the release
of information with respect to the child. O. Reg. 760/83, s. 49.
Registers and Agreements
50. Every operator of a private-home day care agency shall
ensure that an up-to-date register that lists the addresses of each
location where private-home day care is provided by the operator,
the names and addresses of the children enrolled in each location and
the name of the person in charge of the children in each location is
maintained at the head office of the private-home day care agency.
O. Reg. 760/83, s. 50.
SI.— (1) Every operator of a private-home day care agency shall
enter into an agreement with each person in charge of a location
where private-home day care is provided by the operator and shall
keep a copy of each such agreement at the head office of the private-
home day care agency.
(2) Every operator who agrees to provide day nursery services or
private-home day care on behalf of a municipality or band shall
ensure that a copy of the agreement with the municipality or band is
kept at the head office of the day nursery or private-home day care
agency. O. Reg. 760/83, s. 51.
Program
52.— (1) Every operator shall ensure that there is a written state-
ment that outlines the program philosophy and method of operation
of each program provided by the operator and that,
(a) contains the information required under subsection (2);
(b) is reviewed annually by the operator;
(c) is reviewed with a parent of a child prior to enrolling the
child in a day nursery operated by the operator or in a loca-
tion in which private-home day care is provided by the
operator and whenever a revision of the statement occurs.
(2) A statement referred to in subsection (1) shall set out,
(a) the services offered and the age range served;
(b) the times when the services are offered and the holidays
observed;
(c) the fee for services and the admission and discharge policy;
and
(d) the particular approach of the program including,
(i) the philosophy of the program,
(ii) program development,
(iii) personal and health care, including nutrition,
(iv) parental involvement,
(v) behaviour management,
(vi) specialized services, including individual program
plans for handicapped children, and
(vii) activities off the premises. O. Reg. 760/83, s. 52.
53.— (1) Every operator shall ensure that there is a program of
activities to be used in each day nursery operated by the operator or
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Reg./Règl. 262
in each location where private-home day care is provided by the
operator that is varied and flexible and that includes the following
activities appropriate for the developmental levels of the children
enrolled:
1. Group and individual activities.
2. Activities designed to promote gross and fine motor skills,
language and cognitive, social and emotional development.
3. Active and quiet play.
(2) Every operator shall ensure that the program of activities
referred to in subsection (1) is,
(a) in the case of a day nursery operated by the operator, set
out in a daily program plan that is posted in the day nursery
and that is available at all times to any parent whose child is
enrolled in the day nursery; and
(b) in the case of a private-home day care agency operated by
the operator, provided to each location where private-home
day care is provided by the operator and made available at
any time to any parent whose child is enrolled with the pri-
vate-home day care agency.
(3) Every operator of a day nursery shall ensure that any varia-
tion in a daily program plan of a day nursery operated by the opera-
tor is noted in a daily written record kept for the purpose by the day
nursery.
(4) Every operator of a day nursery shall ensure that the daily
program in each day nursery operated by the operator is so arranged
that,
(a) infants not yet able to walk are separated from other chil-
dren during active indoor and outdoor play periods;
(b) children under thirty months of age are separated from
other children during active indoor and outdoor play peri-
ods, except in the case of handicapped children;
(c) children under six years of age are separated from older
children during indoor and outdoor play periods, except in
the case of handicapped children;
(d) each child over thirty months of age that is in attendance for
six hours or more in a day plays outdoors for at least two
hours each day, weather permitting, unless a physician or
parent of the child advises otherwise in writing.
(5) Every operator shall ensure that the daily program in each
day nursery operated by the operator and in each location where pri-
vate-home day care is provided by the operator is so arranged that,
(a) each child over eighteen months of age up to and including
five years of age that is in attendance for six hours or more
in a day has a rest period not exceeding two hours in length
following the mid-day meal;
(b) each child under thirty months of age that is in attendance
for six hours or more in a day is outdoors for sleep or play
or both for a period of up to two hours each day, weather
permitting, unless a physician or parent of the child advises
otherwise in writing; and
(c) a child who is unable to sleep during the rest period is not
kept in bed for longer than one hour and is permitted to
engage in quiet activities.
(6) Every operator of a private-home day care agency shall
ensure that the daily program in each location where private-home
day care is provided by the operator includes outdoor play for each
child who is over thirty months of age who is in attendance for six
hours or more. O. Reg. 760/83, s. 53.
54.— (1) Every operator shall ensure that a written program plan
and training or treatment plans are developed for each handicapped
child who is enrolled in a day nursery operated by the operator or a
location where private-home day care is provided by the operator
and who is funded under the Act or the Developmental Services Act.
(2) Every operator of an integrated day nursery shall ensure that
the daily program of the day nursery is so structured that,
(a) it will accommodate the individual training or treatment
plans of each handicapped child referred to in subsection
(1), for each day that the child is in attendance; and
(b) the activity programs are appropriate for the ages and
developmental levels of the children enrolled in the day
nursery.
(3) Where a handicapped child referred to in subsection (1) is
enrolled with a private-home day care agency, the operator of the
private-home day care agency shall ensure that the training or treat-
ment given the child is in accordance with the training or treatment
plans developed for the child. O. Reg. 760/83, s. 54.
Stapf Numbers and Group Size
55.— (1) Every operator of a day nursery shall ensure that the
children enrolled in each day nursery operated by the operator are
placed in groups according to age as set out in Schedule 3 or 4, as the
case may be, except where a Director approves otherwise in accor-
dance with subsection (2).
(2) A Director may approve the placement of children in one age
group with children in another age group if,
(a) the children that are placed are from the next younger age
group;
(b) the number of children placed from the younger group does
not exceed 20 per cent of the maximum group size allowed
for the older group with which they are placed; and
(c) younger children are placed in not more than one group for
each age category as set out in Schedule 3 for each day nur-
sery operated by the operator.
(3) The number of employees required for the care and guidance
of the children enrolled in a day nursery when on the premises or
during activities off the premises shall be determined by the operator
of the day nursery in accordance with the ratios set out in Column 2
of Schedule 3 or 4, unless otherwise approved by a Director.
(4) Every operator of an integrated day nursery or private-home
day care agency shall employ one resource teacher to plan and direct
the individual and small group training for every four handicapped
children who are enrolled in the day nursery operated by the opera-
tor or location where private-home day care is provided by the oper-
ator and who are funded under the Act or under the Developmental
Services Act, unless otherwise approved by a Director.
(5) A resource teacher shall not be included when calculating the
number of employees under subsection (3).
(6) Despite subsection (1), except where the children enrolled
are under eighteen months of age, during the periods of arrival and
departure of children and during the rest period the ratio of employ-
ees to children may be reduced to less than that set out in Schedule 3
or 4, as the case may be, if the observed ratio is not less than two-
thirds of the required ratio.
(7) Where,
(a) fewer than five full-time employees are required to meet
the ratios as set out in Schedule 3 or 4, the supervisor may
be counted as a full-time employee;
(b) five or six full-time employees are required to meet the
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(c)
ratios as set out in Schedule 3 or 4, a full-time supervisor
may be counted as a full-time employee for up to half the
time a full-time employee is required to be on staff; and
seven or more full-time employees are required to meet the
ratios as set out in Schedule 3 or 4, the supervisor shall not
be counted as an employee.
I
(8) Every operator of a day nursery shall ensure that where there
are in attendance at a day nursery operated by the operator,
(a) fewer than six children eighteen months of age or over,
there is at least one adult in attendance;
(b) six or more children eighteen months of age or over, there
are at least two adults in attendance;
(c) fewer than four children under eighteen months of age,
there is at least one adult in attendance; and
(d) four or more children under eighteen months of age, there
are at least two adults in attendance. O. Reg. 760/83,
s. 55.
56.— (1) Every operator of a private-home day care agency shall
ensure that the number of children, including the children of the per-
son in charge, who are under six years of age in attendance at each
location where private-home day care is provided by the operator
does not exceed five and that the following number of children in
each of the following classifications is not exceeded at any one time:
1. Two handicapped children.
2. Two children, who are under two years of age.
3. Three children, who are under three years of age.
4. One handicapped child and one child who is under two
years of age.
5. One handicapped child and two children who are over two
years of age but under three years of age. O. Reg. 760/83,
s. 56(1);0. Reg. 592/84, s. 2.
(2) Every operator of a private-home day care agency shall estab-
lish a maximum capacity in accordance with subsection (1) for each
location where private-home day care is provided by the operator
and this capacity shall be set out in the agreement between the oper-
ator and the person in charge of the children in that location.
O. Reg. 760/83, s. 56 (2).
57. Every operator shall ensure that every child who is in atten-
dance in a day nursery operated by the operator or in a location
where private-home day care is provided by the operator is super-
vised by an adult at all times. O. Reg. 760/83, s. 57.
Staff Qualifications
58. A supervisor shall be a person who,
(a) holds,
(i) a diploma in early childhood education from an
Ontario College of Applied Arts and Technology, or
(ii) an academic qualification that a Director considers
equivalent to a diploma referred to in subclause (i);
(b) has at least two years of experience working in a day nur-
sery with children who are at the same age and develop-
mental levels as the children in the day nursery where the
supervisor is to be employed; and
(c) is approved by a Director,
or is in the opinion of a Director capable of planning and directing
the program of a day nursery, being in charge of children and over-
seeing staff. O. Reg. 760/83, s. 58.
59.— (1) Every operator of a day nursery, except a day nursery for
handicapped children, shall employ in each day nursery operated by
the operator at least one person for each group of children set out in
Column 3 of Schedule 3 who,
(a) holds,
(i) a diploma in early childhood education from an
Ontario College of Applied Arts and Technology, or
(ii) an academic qualification that a Director considers
equivalent to a diploma referred to in subclause (i);
or
(b) is otherwise approved by a Director.
(2) Every operator of a day nursery for handicapped children
shall employ in each such day nursery operated by the operator at
least one person who holds the qualifications set out in subsection (1)
for each group of children set out in Column 3 of Schedule 4.
O. Reg. 760/83, s. 59.
60. A resource teacher shall be a person who,
(a) holds,
(i) a diploma in early childhood education from an
Ontario College of Applied Arts and Technology, or
(ii) an academic qualification that a Director considers
equivalent to a diploma referred to in subclause (i);
(b) has completed a post-secondary program of studies
approved by a Director that is both theoretical and practical
and that relates to the needs of handicapped children; and
(c) if working with multi-handicapped children, has a current
standard Red Cross or standard St. John's Ambulance cer-
tificate in first-aid,
or is in the opinion of a Director capable of planning and directing
individual and small group training for handicapped children.
O. Reg. 760/83, s. 60.
61. A private-home day care visitor shall be a person who,
(a) has completed a post-secondary program of studies,
approved by a Director, in child development and family
studies;
(b) has at least two years of experience working with children
who are at the same age and developmental levels as the
children enrolled with the private-home day care agency
where the person is to be employed; and
(c) is approved by a Director,
or is in the opinion of a Director capable of providing support and
supervision in a location where private-home day care is being
provided. O. Reg. 760/83, s. 61.
Health Assessments and Immunization
62.— (1) Every operator of a day nursery shall ensure that, before
commencing employment, each person employed in each day nur-
sery operated by the operator has a health assessment and immuniza-
tion as recommended by the local medical officer of health.
(2) Subsection (I) does not apply where the person objects in
writing to the immunization on the ground that the immunization
conflicts with the sincerely held convictions of the person based on
the person's religion or conscience or a legally qualified medical
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practitioner gives medical reasons in writing to the operator as to
why the person should not be immunized.
(3) Every operator of a private-home day care agency shall
ensure that, before any child being provided with private-home day
care, each person in charge of a location where private-home day
care is provided by the operator and each person ordinarily resident
on the location or regularly on the premises has a health assessment
and immunization as recommended by the local medical officer of
health.
(4) Subsection (3) does not apply where the person, or where the
person is a child, a parent of the person, objects in writing to the
immunization on the ground that the immunization conflicts with the
sincerely held convictions of the person or parent based on the per-
son's or parent's religion or conscience or a legally qualified medical
practitioner gives medical reasons in writing to the operator as to
why the person should not be immunized. O. Reg. 119/86, s. 3.
Stapf Training and Development
63. Every operator of a day nursery for handicapped children or a
private-home day care agency shall ensure that there are written pol-
icies and procedures with respect to staff training and development
for employees in each day nursery operated by the operator, private-
home day care visitors employed by the operator and each person in
charge of a location where private-home day care is provided by the
operator. O. Reg. 760/83, s. 63.
Financial Records and Returns
64.— (1) Every operator, except an approved corporation, shall
keep financial records for each day nursery or private-home day care
agency operated by the operator and shall retain such financial
records for at least six years from the time of their making.
(2) The financial records referred to in subsection (1) shall show
at least the,
(a) assets;
(b) liabilities;
(c) income;
(d) expenses; and
(e) accumulated surplus and deficit,
of the day nursery or private-home day care agency, as the case may
be. O. Reg. 760/83, s. 64.
65.— (1) Every approved corporation shall keep separate books of
account for each day nursery maintained and operated by it and shall
retain these books of account for at least six years from the date of
the last entry in a book for a particular year.
(2) The books of account referred to in subsection (1) shall,
(a) set forth the revenue and expenditures of the approved cor-
poration;
(b) contain a record of money received by the approved corpo-
ration from sources other than under the Act and this Reg-
ulation; and
(c) be audited annually by a licensed public accountant who is
not a member of the board of the approved corporation.
(3) Every approved corporation shall furnish to a Director for
each day nursery maintained and operated by it,
(a) not later than the last day of the fourth month following the
end of each fiscal year, a financial statement of each day
nursery for the immediately preceding fiscal year, including
a calculation of operating subsidy based upon and recon-
ciled with operating surplus or deficit, as the case may be,
and the operating subsidy shall be compared with the sub-
sidy paid by Ontario during the year and a calculation made
of the balance owing by or repayable to Ontario; and
(b) not later than the last day of the fourth month following the
end of each fiscal year, a report of a licensed public accoun-
tant stating whether, in the accountant's opinion,
(i) the accountant has received all the information and
explanations that the accountant has required,
(ii) the financial statement is in accordance with the
books and records of the day nursery,
(iii) the calculation of the payment of provincial aid is in
accordance with this Regulation, and
(iv) the financial statement has been prepared in accor-
dance with generally accepted accounting principles
applied on a basis consistent with that of the preced-
ing year; and
(c) such other financial and statistical information as the Minis-
ter may require.
(4) The fiscal year of an approved corporation is the period desig-
nated by the Minister as the fiscal year of the approved corporation.
O. Reg. 760/83, s. 65.
66. Every operator shall, in respect of each day nursery or pri-
vate-home day care agency operated by the operator, furnish to a
Director such statistical information as the Director may require with
respect to the operation of the day nursery or private-home day care
agency. O. Reg. 760/83, s. 66.
Computation of Provincial Grant
67.— (1) Every municipality, band or approved corporation claim-
ing payment under section 8 of the Act shall annually before a date
fixed by a Director in each year prepare and submit to a Director, on
a form provided by the Minister, an estimate of costs, revenue and
subsidy payable for the next fiscal year.
(2) A municipality, band or approved corporation may at any
time during the fiscal year after the estimate has been approved by a
Director submit an amendment to the estimate for the fiscal year.
(3) The Director may approve the amount of any estimate or
amendment thereto, as the case may be, as submitted under subsec-
tion (1) or (2) or the Director may vary the amount of the estimate or
the amendment and approve the amount as so varied.
(4) Subject to subsection (5), an amount payable to a municipal-
ity, band or approved corporation shall be calculated in accordance
with section 68 but the total amount payable shall not exceed the
total amount of the estimate as finally approved by a Director.
(5) An amount paid under section 68 for a fiscal year may be
adjusted upon receipt of the annual financial statement of an
approved corporation referred to in section 65 or the financial infor-
mation of a municipality or band referred to in section 64, as the case
may be.
(6) The amount of an adjustment referred to in subsection (5)
shall either be paid to the municipality, band or approved corpora-
tion by Ontario or refunded by the municipality, band or approved
corporation to Ontario, as the case may be.
(7) The money paid under this section to a municipality, band or
approved corporation shall be expended by it only in accordance
with the estimate finally approved by the Director.
(8) Every municipality, band or approved corporation applying
for a payment under section 8 of the Act shall apply to a Director on
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GARDERIES
Reg./Règl. 262
a form provided by the Minister before the 20th day of the month
following the month for which the payment is claimed.
(9) Any part approved by a Director of the estimated monthly
amount payable under section 68 may be paid in advance of making
an application under subsection (8), subject to adjustment upon
receipt by a Director of an application under that subsection for that
month. O. Reg. 760/83, s. 67.
68.— (1) Subject to subsection (3), the amount payable under sec-
tion 8 of the Act to a municipality or band is,
(a) 80 per cent of the net cost of providing day nursery services
to a child in attendance at a day nursery operated by the
band;
(b) 80 per cent of the net cost of providing day nursery services
at a day nursery operated by the municipality to a child
whose parent is a person in need;
(c) 80 per cent of the net cost incurred under an agreement to
provide day nursery services or private-home day care, or
both, to a child whose parent is a person in need;
(d) 80 per cent of the net administrative costs of providing day
nursery service at a day nursery operated by the municipal-
ity to a child whose parent is a person in need;
(e) 80 per cent of the net administrative costs incurred by the
municipality under an agreement to provide day nursery
service or private-home day care or both to a child whose
parent is a person in need; and
(f) 80 per cent of the costs incurred by the municipality in the
completion of Form 1. O. Reg. 760/83, s. 68 (1); O. Reg.
500/84, s. 3; O. Reg. 533/84, s. 1.
(2) Subject to subsection (3), the amount payable under section 8
of the Act to an approved corporation is 80 per cent of the operating
cost of providing day nursery services in a day nursery operated by
the corporation to a child whose parent is a person in need if the
amount payable under the Act is calculated in such a manner that the
amount payable plus the fees payable by the parents who are persons
in need does not exceed the operating cost. O. Reg. 760/83,
s. 68 (2).
(3) The amount payable under section 8 of the Act in respect of
handicapped children is,
(a) to a municipality, band or approved corporation for provid-
ing day nursery services to a handicapped child in atten-
dance at a day nursery operated by the municipality, band
or approved corporation,
(i) 100 per cent of the net cost for each handicapped
child five years of age or older, and
(ii) 87 per cent of the operating cost for each handi-
capped child under five years of age if the amount
payable under the Act is calculated in such a manner
that the amount payable plus the fees payable by the
parents does not exceed the operating cost; and
(b) to a municipality or band, under an agreement to provide
day nursery services or private home day care or both,
(i) 100 per cent of the net cost for each handicapped
child five years of age or older, and
(ii) 87 per cent of the operating cost for each handi-
capped child under five years of age if the amount
payable under the Act is calculated in such a manner
that the amount payable plus the fees payable by the
parents does not exceed the operating cost.
O. Reg. 760/83, s. 68 (3); O. Reg. 467/87, s. 2 (1).
(4) The available income of a person for the purpose of this Reg-
ulation shall be determined by a welfare administrator, a Director or
such person as the Director approves, in accordance with Form 1.
O. Reg. 467/87, s. 2 (2).
(5) In determining whether a person is a person in need there
may be excluded in determining available income an exemption on
net earnings not exceeding an amount equal to 25 per cent of the
monthly net earnings of the person. O. Reg. 760/83, s. 68 (5),
revised.
69.— (1) An application for payment under section 9 of the Act
for a building project shall be made to the Minister on a form pro-
vided by the Minister.
(2) An applicant who applies under subsection (1) shall file with
the Minister two copies of a site plan showing the location of the
building or buildings, if any, on the site and, in the case of a building
project with one or more of the elements referred to in paragraph 1,
2, 5 or 7 of the definition of "building project" in Section 1,
(a) building plans and specifications prepared by an architect or
professional engineer showing the structure, fixtures and
arrangements of the building or buildings and describing
the areas of the building or buildings to be used for the pur-
poses of the Act; or
(b) where the Minister approves, structural sketches and speci-
fications prepared by a person other than an architect or
professional engineer describing the building or buildings
and the areas of the building or buildings or contiguous to
the building or buildings to be used for the purposes of the
Act.
and the site plan, the building plans and specifications or the struc-
tural sketches and specifications, as the case may be, shall be
approved by the Minister.
(3) No plan, specification or structural sketch filed with the Min-
ister shall be amended or altered without the approval of the
Minister. O. Reg. 760/83, s. 70.
70. — (1) No payment under section 9 of the Act shall be made for
a building project except where,
(a) the building project has been approved by the Minister;
(b) the approved cost has been determined; and
(c) the approvals of the Minister under section 6 of the Act,
subsections 69 (2) and (3) and section 71 of this Regulation
have been obtained. O. Reg. 760/83, s. 71 (I); O. Reg.
24/88, s. 2.
(2) An approval of a building project by the Minister referred to
in subsection (1) expires on the first anniversary of the date upon
which the approval is given unless the building project has been com-
menced before such anniversary date.
(3) A payment under section 9 of the Act may be paid as a single
payment or in two or more instalments and, except where the Minis-
ter directs otherwise, the aggregate of the amounts of the payments
made at any point in time shall not exceed the greater of,
(a) an amount that bears the same proportion to the estimated
total payment as the amount of progress made at the time
towards completion of the project bears to the total esti-
mated amount of work required for completion; and
(b) an amount that bears the same proportion to the estimated
total payment as the amount of cost incurred at the time
bears to the total estimated cost of the project.
(4) A single payment or, in the case of payment in two or more
instalments the final payment of an amount payable for a building
project shall not be made until.
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Reg./Règl. 262
DAY NURSERIES
(a) an architect or professional engineer certifies, or the Minis-
ter is otherwise satisfied, that the building project has been
completed in accordance with the plans filed under clause
69 (2) (a) or the sketches thereof approved by the Minister
under clause 69 (2) (b) and the building or addition is ready
for use and occupancy; and
(b) the applicant for the payment submits a report stating,
(i) the actual cost of the building project,
(ii) that the total of the unpaid accounts applicable to
the building project does not exceed the amount of
the grant remaining to be paid,
(iii) that the amount of the grant remaining to be paid
will be applied first to the payment of the unpaid
accounts, and
(iv) that all refundable sales tax has been taken into
account. O. Reg. 760/83, s. 71 (2-4).
71. No applicant for or recipient of a payment under section 9 of
the Act for a building project shall, without the approval of the Min-
ister,
(a) acquire a building or land for the building project;
(b) call tenders for the building project;
(c) commence construction of the building project; or
(d) erect any temporary or permanent sign, tablet or plaque on
the single or building project. O. Reg. 760/83, s. 72.
72. Expenditures incurred by a municipality, band or approved
corporation for furnishings or equipment that are not réplacements
or for repairs to or maintenance of a capital asset that,
(a) are approved by the Minister as capital expenditures;
(b) are, in the opinion of the Minister, necessary for the effi-
cient operation of the day nursery and the cost of which is
not excessive for the purpose; and
(c) are in excess of $ 1 ,000,
are capital expenditures for which a grant may be paid, upon applica-
tion by the municipality, band or approved corporation, in an
amount equal to 80 per cent of the approved expenditures incurred.
O. Reg. 760/83, s. 73; O. Reg. 499/85, s. 1.
73. Every municipality, band or approved corporation that
receives a payment under this Regulation shall keep and maintain a
current inventory of all furnishings and equipment acquired by it and
the inventory shall set forth each addition to or removal from inven-
tory and the reasons therefor and shall be prepared in such manner
as a Director may require. O. Reg. 760/83, s. 74.
74. It is a term and condition of a payment of a capital grant
under the Act in respect of a building, buildings or land forming part
of a building project that the applicant for payment shall enter into
an agreement with the Minister in which the applicant shall,
(a) agree not to change the site, structure, use of or sell, agree
to sell, lease, mortgage, encumber, donate or otherwise dis-
pose of all or any part of the building, buildings or land
without the approval of the Minister;
(b) agree not to demolish or make alterations or additions to all
or any part of the building or buildings without the approval
of the Minister; and
(c) agree to reimburse the Ministry in the same ratio as the
Ministry's contribution to the acquisition of the building,
buildings or land, the construction of the building or build-
Reg./Règl. 262
ings or the renovations upon termination of the agreement
or where there is contravention of any term of the agree-
ment or where a circumstance set out in clause (a) or (b)
takes place. O. Reg. 499/85, s. 2.
Licences and Appucations
75.— (1) A provisional licence to establish, operate or maintain a
day nursery shall be in Form 2.
(2) A provisional licence to establish, operate or maintain a pri-
vate-home day care agency shall be in Form 3.
(3) A licence to establish, operate ormaintain a day nursery shall
be in Form 4.
(4) A licence to establish, operate or maintain a private-home
day care agency shall be in Form 5. O. Reg. 592/84, s. 3.
(5) An application for a licence or a renewal thereof shall be
made to a Director in a form provided by the Minister and shall be
accompanied by such other information as the Director considers
necessary to enable the Director to determine whether the applicant,
if licensed, would be in compliance with the Act and this Regulation.
(6) Subject to subsection (7), a licence or renewal thereof expires
with the anniversary date on which the licence or renewal was issued.
(7) A Director may issue or renew any licence for such period as
the Director considers proper, but in no case shall the period be for
more than one year.
(8) The fee payable by an applicant for a licence other than a
renewal is $10.
(9) The fee payable for the renewal of a licence is,
(a) $5, where the application for the renewal of the licence is
made on or before the anniversary date in the year in which
the licence or the renewal thereof expires; and
(b) $25, where the application for the renewal of the licence is
made after the anniversary date in the year in which the
licence or the last renewal thereof expires.
(10) For the purpose of subsection (9), an application for the
renewal of a licence shall be deemed to have been made on the day
on which it is received by a Director.
(11) Every operator shall ensure that the operator's licence is
posted in a conspicuous place in the day nursery or office of the pri-
vate-home day care agency, as the case may be.
(12) An application to a private-home day care agency to provide
private-home day care shall be in a form provided by the Minister.
O. Reg. 760/83, s. 75 (3-10).
Hearings
76.— (1) A notice that a Director is required to give to an appli-
cant or licensee under subsection 13 (1) of the Act shall be in Form
6.
(2) The Director shall serve the notice under subsection (1),
accompanied by two copies of Form 7 in accordance with subsection
20(1) of the Act.
(3) A notice that an applicant or licensee may give to the Direc-
tor and to the Board under subsection 13 (2) of the Act or subsection
14 (1) of the Act shall be in Form 7.
(4) The Board shall serve notice on the parties to the hearing in
Form 8 within fifteen days of receiving the notice of the request for
the hearing in Form 7.
(5) The Board shall send the notice under subsection (I) to each
264
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GARDERIES
Reg./Règl. 262
party to the hearing by registered mail addressed to the party at the
party's address last known to the Board. O. Reg. 760/83, s. 76.
General
77. Where an approval is required by a Director or where some-
thing is to be done as required by a Director under this Regulation,
the approval or requirement is prescribed to be a power of a
Director. O. Reg. 760/83, s. 77.
78. A municipality that operates a recreational program that is
funded by the Ministry of Tourism and Recreation is, until the expiry
of the 31st day of July, 1991, exempt from the application of subsec-
tion 11 (1) of the Act. O. Reg. 467/87, s. 3; O. Reg. 439/89, s. 1;
O. Reg. 383/90, s. 1.
79. The following day nurseries are, until the 31st day of July,
1991, exempt from the application of subsection 11 (1) of the Act:
1 . Blue Hills Academy, Town of Richmond Hill.
2. Children's Assessment and Treatment Centre, Burlington.
3. Peel Children's Centre, City of Mississauga.
4. George Hull Centre, Metropolitan Toronto.
5. Adventure Place, Metropolitan Toronto.
6. Preschool Discoveries, Metropolitan Toronto.
7. Strothers Centre, Metropolitan Toronto.
8. West End Creche, Metropolitan Toronto.
9. Aisling Centre for Children and Families, Metropolitan
Toronto.
10. Jessie's (Section II), Metropolitan Toronto.
1 1 . Muki Baum (Section 11), Metropolitan Toronto.
12. Scadding Court Community Centre, Metropolitan Toronto.
13. St. Bartholomew's Children's Centre Regent Park Inc.,
Metropolitan Toronto.
14. Madame Vanier Children's Centre, London.
15. Samia-Lambton Centre for Children and Youth, Samia.
16. The Child's Place, Windsor.
17. Kingston Preschool Centre, City of Kingston.
18. Durham House, City of Oshawa.
19. Royal Ottawa Hospital, Regional Municipality of Ottawa-
Carleton.
20. Belleville Parent-Child Clinic, City of Belleville .
21. Lennox and Addington Family and Children's Services,
Napanee. O. Reg. 383/90, s. 2.
80. A notice under clause 15 (2) (b) of the Act shall be in Form 9.
O. Reg. 467/87, s. 5.
PUBUCATION
81.— (1) No municipality, band or approved corporation shall
print for public distribution, broadcast or post up in a public place or
cause to be so printed, broadcast or posted up or otherwise cause to
be made public, the identity of any person referred to in a claim,
return or report required to be made under the Act or this Regula-
tion who is eligible for or receives assistance under the Act or this
Regulation.
(2) Subsection (1) does not apply to the exchange of information
between a municipality, band or approved corporation and the Min-
istry, the Government of Canada, the government of any other prov-
ince or a territory of Canada or an agency of any of them in order to
verify information for the purpose of determining or verifying the eli-
gibilify of any person for assistance.
(3) For purposes of subsection (2), "agency" includes the opera-
tor of a day nursery or a private home day care agency.
(4) It is a condition of the making of any payment to a municipal-
ity, band or approved corporation that it comply with this section.
(5) A payment owing under this Regulation to a municipality,
band or approved corporation that fails to comply with subsection
(1) may be suspended or withheld. O. Reg. 621/87, s. 1.
Schedule 1
Item
Column 1
Column 2
Column 3
Food Group
Range of Serving Size Children under six years
of age but more than one year old
Range of Serving Size Children six years
of age and over
1.
2.
3.
4.
Milk and milk products
Meat and alternates
Bread and cereals
Fruits and vegetables
125 to 175 millilitres
30 to 60 grams
Vî to 1 slice or 50 to 125 millilitres
V* to 1 whole fruit or 80 to 125 millilitres
175 to250milUlitres
60 to 90 grams
1 slice or 125 to 175 millilitres
1 whole fruit or 125 millilitres
O. Reg. 760/83, Sched. 1.
265
Reg./Règl. 262
DAY NURSERIES
Reg./Règl. 262
Schedule 2
Item
Column 1
Column 2
Food Group
Amounts offered each Child in
attendance for six hours or more
1.
2.
3.
4.
Milk and milk products
Meat and alternates
Bread and cereals
Fruits and vegetables
250 to 375 millilitres
60 to 90 grams
1 1/2 to 21/2 slices or 175 to 450 millilitres
2 to 2V2 whole fruits or 250 to 300 millilitres
O. Reg. 760/83, Sched. 2.
Schedule 3
NUMBER OF STAFF REQUIRED FOR A DAY NURSERY
OTHER THAN A DAY NURSERY FOR HANDICAPPED CHILDREN
Item
Column 1
Column 2
Column 3
Age of Children in Group
Ratio of
Employees
to Children
Maximum
Number of
Children in
a Group
1.
2.
3.
4.
5.
Under 18 months of age
18 months of age and over up to and including 30 months of age
More than 30 months of age up to and including 5 years of age
Over 5 years of age and less than 6 years of age
6 years of age and over up to and including 12 years of age
3 to 10
lto5
lto8
ltol2
ltol5
10
15
16
24
30
O. Reg. 760/83, Sched. 3; O. Reg. 621/87, s. 2; O. Reg. 143/88, s. 2.
Schedule 4
NUMBER OF STAFF REQUIRED FOR A DAY NURSERY FOR HANDICAPPED CHILDREN
Item
Column 1
Column 2
Column 3
Age of Children in Group
Ratio of
Employees
to Children
Maximum
Number of
Children in
Group
1.
2.
2 years of age and over but less than 6 years of age
6 years of age and over up to and including 18 years of age
lto4
lto3
4
3
O. Reg. 760/83, Sched. 4.
266
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Reg./Règl. 262
Ministry of
Community and
Social Services
Ontario
Form 1
Day Nurseries Act
DETERMINATION OF AVAILABLE INCOME
Name of Parent
Telephone number
Residence
Business
Address
Social Insurance number
Mother
Father
Family Composition— Adults and Children
Name
Age
School or Occupation
Liquid Assets
Part I -Monthly Income (Adults)
Part ll-Monthly Budgetary Needs (Family)
Type
Amount
Total
1 . Net Earnings $
2. Boarder Revenue $
3. Rental Revenue $ x 60%
4. Pension
5. Unemployment Insurance or Training
Allowance
6. Separation or Alimony Payment
7. Other (specify)
8. Monthly Income (Items 1 to 7)
9. Basic needs— See Guidelines
10. Special Diets
11. Heat
12. Telephone
13. Sub-total
14. Contingencies— 20% of Item 13
1 5. Add Items 1 3 and 1 4 Sub-total
16. Rent
17. Mortgage Payment (Principal and Interest)
18. Property Taxes
19. Debt Payments
20. Travel and Transportation
21 . Drugs
22. Dental Services
23. Optical Services
24. Health Services
25. Other— as approved
26. Add Items 1 5 to 25 Sub-total
27. Available Monthly Income less Budgetary
Items (Item 8 less Item 26)
28. Exemption on Net Earnings Item 1 :
$ X %
29. Available Monthly Income
(Item 27 less Item 28)
267
Reg./Règl. 262
DAY NURSERIES
Reg./Règl. 262
1 certify that the above information provided by me is correct.
Date
Signature of Parent
Date
Signature of Administrator or Designate (Municipal staff)
Part III— Computation of Available Daily Income
30. Available daily income = total available monthly income (Item 29 above) divided by 21 .75 x
number of children in family enrolled in day care program
$ = $
21.75 X
Part IV— Calculation of Monthly Cost to Municipality or Band
(For use of Municipality or Band only)
31 . Total monthly cost of day nursery services or private home day care under agreement:
$ per day x (aggregate number of days for all children in family enrolled in
day care program
32. Parental contribution = Available daily income (Item 30) x aggregate days of service for all
children in the family enrolled in the day care program
Item 30 X days of service i
33. Monthly cost to Municipality or Band
Item 31 less Item 32
Completion of this form must be in accordance with the Ministry Guidelines for Determination of Available Income
Consent to Inspect Assets
I,
, an applicant for services under the
Day Nurseries Act, and \, , spouse of the above applicant
(complete only where applicable)
consent that:
1 . The Administrator or his or her authorized representative .
inspect and have access to any account or safety deposit box held by me alone or jointly, in any bank, trust corporation or other finan-
cial institution or to any assets held by me or on my behalf by any person, or any records relating to any of them.
2. The Administrator or his or her authorized representative .
secure information in respect of any life or accident insurance policy on my late spouse.
Dated at this .
Witness:
Dated at this .
Witness: ,
(Name of late spouse— complete only where applicable)
..day of 19
Signature of Applicant:
Address:
..day of 19
Signature of Spouse
where applicable:
Address, if different:
O. Reg. 760/83, Form 1.
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Reg./Règl. 262
Ministère des
Services sociaux
et communautaires
Ontario
Formule 1
Loi sur les garderies
ÉTABLISSEMENT DU REVENU DISPONIBLE
Nom du père ou de la mère
Numéro de téléphone
Résidence
Travail
Adresse
Numéro d'assurance sociale
Mère
Père
Composition de la famille— Adultes et enfants
Nom
Âge
École ou profession
Biens liquides
Paru* I— Revenu mensuel (adultes)
Partie II— Budget mensuel (famille)
Type
Montant
Total
1 . Revenus nets $
2. Revenu provenant d'un ou de pensionnaire(s)
$
3. Revenu locatif $ x 60%
4. Pension
5. Assurance-chômage ou allocation de
formation
6. Pension alimentaire
7. Autre revenu (préciser)
8. Revenu mensuel (postes 1 à 7)
9. Bensoins fondamentaux— Voir directives
10. Régimes alimentaires spéciaux
1 1 . Chauffage
12. Téléphone
13. Total partiel
14. Impondérables— 20% du poste 13
1 5. Additionner les postes 1 3 et 1 4 Total partiel
16. Loyer
1 7. Versement hypothécaire (principal et
intérêt)
18. Impôts fonciers
19. Remboursement de dettes
20. Déplacements et transports
21 . Médicaments
22. Soins dentaires
23. Soins de la vue
24. Soins médicaux
25. Autres dépenses (approuvées)
26. Additionner les postes 1 5 à 25 Total partiel
27. Revenu mensuel disponible moins dépenses
prévues (poste 8 moins poste 26)
28. Exemption applicable aux revenus nets
poste 1 : $ X %
29. Revenu mensuel disponible
(poste 27 moins poste 28)
269
Reg./Règl. 262
DAY NURSERIES
Reg./Règl. 262
J'atteste que les renseignements que j'ai fournis ci-dessus sont exacts.
Date
Signature du père ou de la mère
Date
Signature de l'administrateur ou de la personne habilitée à cette fin (employé de la municipalité)
Partie III— Calcul du revenu quotidien disponible
30. Revenu quotidien disponible = total du revenu mensuel disponible (poste 29 ci-dessus) divisé
par 21 ,75 X nombre d'enfants de la famille inscrits à un programme de garde
$ = $
21,75 X
Partie IV— Calcul des frais mensuels engagés par la municipalité ou la bande
(À l'usage de la municipalité ou de la bande seulement)
31 . Total des frais mensuels engagés pour fournir des services de garderie ou de garde d'enfants en
résidence privée en vertu d'une entente :
$ par jour x (nombre total de jours pour tous les enfants de la famille
inscrits à un programme de garde)
32. Contribution du père ou de la mère = revenu quotidien disponible (poste 30) x nombre total de
jours de service pour tous les enfants de la famille inscrits au programme de garde
Poste 30 X nombre de jours de service
33. Frais mensuels engagés par la municipalité ou la bande
Poste 31 moins poste 32
Cette formule doit être remplie conformément aux directives du ministère pour l'établissement du revenu disponible
Consentement à l'inspection des biens
Je soussigné(e) auteur de la demande de services
auxtermes de la /.o/ sur tes garderies, et je soussigné(e) conjoint
(à remplir s'il y a lieu)
de l'auteur de la demande précité consens/consentons à ce que :
1 . L'administrateur ou son représentant autorisé
ait accès à tout compte ou coffret de sûreté que je détiens, seul(e) ou conjointement, dans une banque, une société de fiducie ou toute
autre institution financière et à tout bien détenu par moi-même ou par quiconque pour mon compte, et à tous documents s'y rapportant,
et puisse les inspecter.
2. L'administrateur ou son représentant autorisé
obtienne des renseignements relatifs à toute police d'assurance-vie ou d'assurance-accident touchant mon conjoint défunt.
Faità le.
Témoin :
(Nom du conjoint défunt à remplir s'il y a lieu)
19
Signature de l'auteur de la demande :
Adresse :
Faità
Témoin : .
19..
Signature du conjoint
s'ily alieu :
Adresse, si elle est différente :
O. Reg. 760/83, Form la, revised.
270
Reg./Règl. 262 GARDERIES Reg./Règl. 262
Form 2
Day Nurseries Act
PROVISIONAL LICENCE TO OPERATE A DAY NURSERY
No Date of Issue
Under the Day Nurseries Act and the regulations, and subject to the limitation thereof, this licence is granted to:
(name of applicant)
of the of.
(county, district)
to operate a day nursery under the name of .
at
(street and number or rural route)
in the ol .
(city, town, regional municipality)
in the of-
(county, district)
1. This licence expires on the day of , 19
2. The applicant does not meet the following requirements for issuance/renewal of a licence:
3. Licensed capacity of day nursery:
4. This licence is subject to the following terms and conditions:
(Signature of Director)
O. Reg. 119/86,5. 5(1).
Form 3
Day Nurseries Act
PROVISIONAL LICENCE TO OPERATE A PRIVATE-HOME DAY CARE AGENCY
No Dateof Issue
Under the Day Nurseries Act and the regulations, and subject to the limitations thereunder, this licence is granted to: ...
(name of applicant)
of the of.
(county, district)
to operate a private-home day care agency under the name of
at
(street and number or rural route)
in the of.
(city, town, regional municipality)
271
Reg./Règl. 262
DAY NURSERIES
Reg./Règl. 262
in the of.
(county, district)
1. This Hcence expires on the day of , 19
2. The applicant does not meet the following requirements for issuance/renewal of a licence:
3. This licence is subject to the following terms and conditions:
(Signature of Director)
O. Reg. 119/86, s. 5 (2).
Form 4
Day Nurseries Act
LICENCE/RENEWAL OF LICENCE TO OPERATE A DAY NURSERY
No Date of Issue
Under the Day Nurseries Act and the regulations, and subject to the limitation thereof, this licence is granted to:
(name of applicant)
of the of.
(county, district)
to operate a day nursery under the name of .
at
(street and number or rural route)
in the
of.
(city, town, regional municipality)
in the of.
(county, district)
1. This licence expires on the day of .
2. Licensed capacity of day nursery:
19.
3. This licence is subject to the following terms and conditions:
(Signature of Director)
O. Reg. 119/86, s. 5(3).
272
Reg./Règl. 262 GARDERIES Reg./Règl. 262
Form S
Day Nurseries Act
LICENCE/RENEWAL OF A LICENCE TO OPERATE A PRIVATE-HOME DAY CARE AGENCY
No Date of Issue
Under the Day Nurseries Act and the regulations, and subject to the limitation thereof, this licence is granted to:
(name of applicant)
of the of
(county, district)
to operate a private-home day care agency under the name of
at
(street and number or rural route)
in the of.
(city, town, regional municipality)
in the of.
(county, district)
1. This licence expires on the day of , 19
2. This licence is subject to the following terms and conditions:
(Signature of Director)
O. Reg. 592/84, s. 4,part.
Form 6
Day Nurseries Act
NOTICE OF INTENTION
To
(name of applicant or licensee)
Take Notice that pursuant to the authority vested in me under section 12 of the Day Nurseries Act, I hereby propose to:
n refuse to issue a licence to you
n refuse to renew your licence
D revoke your licence
to operate a day nursery at
(street address)
in the of
in the of
under the name of for the
following reasons:
And Further Take Notice that under subsection 13 (1) of the Day Nurseries Act, you have a right to have a hearing of this matter before
273
Reg./Règl. 262
DAY NURSERIES
Reg./Règl. 262
the Child and Family Services Review Board, but in order to obtain such a hearing you must within fifteen days of the receipt of this notice,
request such a hearing by completing and sending to me and to the Child and Family Services Review Board a request for a hearing in Form 7.
(date)
To: A Director appointed for the purposes of
the Day Nurseries Act
and
To: The Chair of the Child and
Family Services Review Board
Name of applicant or licensee ...
Address of applicant or licensee
(signature of Director)
O. Reg. 760/83, Form 4; O. Reg. 467/87, s. 6, revised.
Form?
Day Nurseries Act
REQUEST FOR HEARING
(number) (street or R.R.)
(city)
(town)
(village or P.O.)
(township) (county)
Take Notice that I hereby request a hearing by the Child and Family Services Review Board in respect of the decision of the Director
appointed for the purposes of the Day Nurseries Act to:
n refuse to issue a licence to me
n refuse to renew my licence
n revoke my licence
D attach terms and conditions to my licence under subsection 11 (2), (4) or (5) of the Act
to operate a day nursery at
(street address)
in the of
in the .
. of under
the name of
Date
Signature of Applicant or Licensee
O. Reg. 760/83, Form 5; O. Reg. 467/87, s. 7, revised.
Forms
Day Nurseries Act
NOTICE OF HEARING
To:
(name of applicant or licensee)
(address of applicant or licensee)
Take Notice that a hearing will be held by the Child and Family Services Review Board in respect of the decision of a Director appointed
for the purposes of the Day Nurseries Act to:
274
Reg./Règl. 262
GARDERIES
Reg./Règl. 262
.of
.of under
D refuse to issue a licence to you
n refuse to renew your licence
D revoke your licence
D attach terms and conditions to your licence under subsection 11 (2), (4) or (5) of the Act
to operate a day nursery at
(street address)
in the
in the
the name of
And Take Notice that the hearing will be held at o'clock in the noon
on day the day of 19
at
And Further Take Notice that the rules of procedure applicable to the hearing are contained in sections 13 and 14 of the Day Nurseries
Act and that in accordance with those rules of procedure you are a party to the hearing and as such are entitled to be represented at the hearing
by counsel or by your agent.
And Further Take Notice that if a party who has been duly notified does not attend at the hearing, the Child and Family Services Review
Board may proceed in the party's absence and the party is not entitled to notice of any further proceedings.
(date)
(signature of Chair of The
Child and Family Services Review Board)
O. Reg. 760/83, Form 6; O. Reg. 467/87, s. 8, revised.
Form 9
Day Nurseries Act
NOTICE OF DIRECTION
TAKE NOTICE that pursuant to the authority vested in me under
section 15 of the Day Nurseries Act, I have given directions that the
premises located at
D shall not be used to provide private home day care until such time
as certain directions I have given have been complied with.
NO PERSON shall remove this notice unless authorized to do so
by me or by a program advisor.
FOR FURTHER information regarding this notice contact the
Ministry of Community and Social Services at (address and phone
number)
D shall not be used as a day nursery
(date)
(signature of Director)
O. Reg. 467/87, s. 9.
275
Reg./Règl. 263
Reg./Règl. 263
Dead Animal Disposai Act
Loi sur les cadavres d 'animaux
REGULATION 263
GENERAL
Licences
1.— (1) An application for a licence to engage in the business of a
collector shall be in Form 1.
(2) A licence to engage in the business of a collector shall be in
Form 2. R.R.O. 1980, Reg. 236, s. 1.
2.— (1) No person shall transport dead animals except in a vehicle
for which a marker in Form 3 has been issued by the Director.
(2) The Director shall issue a marker in Form 3 for each vehicle
that complies with this Regulation and that is operated by the holder
of a licence in Form 2.
(3) A marker in Form 3 expires with the 31st day of December in
its year of issue.
(4) One marker shall be issued without charge to each licensed
collector.
(5) Where a collector uses more than one vehicle, the fee for a
marker in Form 3 for each additional vehicle is $1. R.R.O. 1980,
Reg. 236, s. 2.
3.— (1) An application fora licence to engage in the business of an
operator of a receiving plant shall be in Form 4.
(2) A licence to engage in the business of an operator of a receiv-
ing plant shall be in Form 5. R.R.O. 1980, Reg. 236, s. 3.
4.— (1) An application for a licence to engage in the business of an
operator of a rendering plant shall be in Form 6.
(2) A licence to engage in the business of an operator of a render-
ing plant shall be in Form 7. R.R.O. 1980, Reg. 236, s. 4.
5.— (1) An application for a licence to engage in the business of a
broker shall be in Form 8.
(2) A licence to engage in the business of a broker shall be in
Form 9. R.R.O. 1980, Reg. 236, s. 5.
6.— (1) The fee for a licence in Form 2 is $10.
(2) The fee for a licence in Form 5 or 7,
(a) where the licence is for a period commencing on or after the
1st day of Januaiy but before the 1st day of July in any year,
is $50; and
(b) where the licence is for a period commencing on or after the
1st day of July in any year, is $25.
(3) The fee for a licence in Form 9,
(a) where the licence is for a period commencing on or after the
1st day of January but before the 1st day of July in any year,
is $100; and
(b) where the licence is for a period commencing on or after the
1st day of July in any year, is $50.
(4) The fee for a licence in Form 2, 5, 7 or 9 shall accompany the
application for the licence.
(5) A licence in Form 2, 5, 7 or 9 expires with the 31st day of
December of the year of issue and is not transferable. R.R.O.
1980, Reg. 236, s. 6.
Handling of Dead Animals
7.— (1) No person shall transport dead animals in a vehicle other
than a vehicle,
(a) equipped with a metal flange at least two inches high across
the rear of the platform of the vehicle, so as to prevent leak-
age of liquids;
(b) in which the parts that come into contact with the animals
are constructed of metal that is continuous or with welded
seams, so as to prevent leakage of liquids;
(c) of which the sides and ends of the platform are at least two
feet high; and
(d) in which the marker issued by the Director is affixed on the
inside of the windshield or other location where it is pro-
tected against weathering and is clearly visible to persons
outside the vehicle.
(2) The collector shall remove the marker from the vehicle within
ten days after,
(a) ceasing to use the vehicle; or
(b) the 1st day of January of the year following the year of
issue. R.R.O. 1980, Reg. 236, s. 7.
8.— (1) No person shall transport dead animals without covering
them by tarpaulin or other means.
(2) No person shall transport dead animals in a vehicle in which
food for human consumption is being transported.
(3) No collector shall transport dead animals in a vehicle in which
a live animal is being transported.
(4) A collector shall deliver a dead animal as soon as practicable
to a receiving plant or rendering plant but not more than twenty-four
hours after the animal is collected. R.R.O. 1980, Reg. 236, s. 8.
9.— (1) No person shall construct or acquire premises for use as a
receiving or rendering plant without,
(a) notifying the Director of the intention; and
(b) furnishing the Director with a copy of the plan or specifica-
tions of the premises proposed to be used or constructed.
(2) A receiving plant or rendering plant shall,
(a) be located in a place free from conditions that might injuri-
ously affect the sanitary operation of the plant; and
(b) be constructed and finished in such a manner that the plant
is capable of being maintained in a sanitary condition.
R.R.0. 1980, Reg. 236, s. 9.
277
Reg./Règl. 263
DEAD ANIMAL DISPOSAL
Reg./Règl. 263
10. All liquid waste and drainage from the operation of a receiv-
ing plant or rendering plant shall be disposed of in a sanitary
manner. R.R.O. 1980, Reg. 236, s. 10.
11. Every practicable precaution shall be taken to maintain
receiving plants and rendering plants free of flies, rats, mice and
othervermin. R.R.O. 1980, Reg. 236, s. 11. .
12. The yards of a receiving plant or rendering plant shall be
maintained in a clean condition. R.R.O. 1980, Reg. 236, s. 12.
13. No person shall permit,
(a) a dog or cat to be in a receiving plant or a rendering plant;
or
(b) a dead animal to be kept on the yards of a receiving plant or
a rendering plant. R.R.O. 1980, Reg. 236, s. 13.
14. On delivery of dead animals or parts thereof to a receiving or
rendering plant, the vehicle or container used in the delivery shall be
thoroughly cleaned and, where the cleaning is not followed by a
steam process, shall be disinfected so that all disease-producing orga-
nisms are destroyed before the vehicle or container leaves the prem-
ises of the plant. R.R.O. 1980, Reg. 236, s. 14.
15. Every plant shall have available a supply of potable hot and
cold water adequate for the efficient operation of the plant.
R.R.O. 1980, Reg. 236, s. 15.
16. Every plant shall be equipped with accommodation for wash-
ing and dressing for employees. R.R.O. 1980, Reg. 236, s. 16.
17. Every receiving plant shall have one or more buildings and
shall have adequate rooms for,
(a) receiving and processing of dead animals;
(b) refrigeration of meats in storage; and
(c) holding of offal and any parts of the dead animals for
disposal. R.R.O. 1980, Reg. 236, s. 17.
18.— (1) All entrails, bones, waste meat and refuse of dead ani-
mals, other than contents of the digestive tract, shall,
(a) at a receiving plant, be disposed of by,
(i) delivery to a rendering plant, or
(ii) burying with a covering of at least two feet of earth;
and
(b) at a rendering plant,
(i) be sterilized by means of heat, or
(ii) be disposed of by burying with a covering of at least
two feet of earth.
(2) The contents of the digestive tracts of dead animals at a
receiving plant or rendering plant shall be disposed of in a sanitary
manner.
(3) Except as provided in this Regulation, no person shall take
delivery of, receive or process the entrails, bones, waste meat or
refuse of dead animals unless such entrails, bones, waste meat or
refuse have been sterilized by means of heat at a rendering plant.
R.R.O. 1980, Reg. 236, s. 18.
19. No person shall advertise for dead animals or fallen animals
unless the person is the holder of a licence as a collector. R.R.O.
1980, Reg. 236, s. 19.
20.— (1) At a receiving plant or rendering plant, all meat obtained
from a dead animal shall be cut into portions weighing less than ten
pounds and for purposes of identification shall,
(a) be denatured by applying powdered charcoal to all surfaces
of the meat in a sufficient quantity so that the application of
more charcoal will not further affect the colour of the sur-
faces; and
(b) be packaged in containers that are legibly marked with the
words "NOT FOR HUMAN CONSUMPTION" in letters
at least three-quarters of an inch in height,
(i) on each side where the container has four sides, and
(ii) in at least four places where the container does not
have four sides.
(2) Every container in which meat obtained from a dead animal is
packaged shall have an exterior surface sufficiently absorbent so that
the marking "NOT FOR HUMAN CONSUMPTION" will not
become illegible during handling, storage or transportation of the
container.
(3) Subsection (1) does not apply to the storing at a receiving
plant or rendering plant of meat obtained from a dead animal,
(a) where the operator thereof is the holder of a licence under
the Fur Farms Act and uses the meat for no purpose other
than,
(i) to manufacture the meat, with additives, into food
for the operator's fur-bearing animals or for the fur-
bearing animals of another person licensed under the
Fur Farms Act; ox
(ii) to feed the meat to the operator's fur-bearing ani-
mals; or
(b) where, in the case of a rendering plant, the meat is steril-
ized by means of heat,
if the meat is manufactured, fed or sterilized by means of heat as
soon as possible but not more than seventy-two hours after the dead
animal is delivered to the plant. R.R.O. 1980, Reg. 236, s. 20.
21. No person shall, unless such meat has been treated for pur-
poses of identification or processed in the manner prescribed in this
Regulation,
(a) freeze or store at a receiving plant or a rendering plant meat
obtained from a dead animal;
(b) sell, offer for sale, transport, deliver or supply to any per-
son or otherwise dispose of meat obtained from a dead ani-
mal; or
(c) take delivery of, receive or process meat obtained from a
dead animal. R.R.O. 1980, Reg. 236, s. 21.
22. At a receiving plant or rendering plant, every carcass of a
dead animal, other than a carcass the meat of which is to be sterilized
by means of heat at a rendering plant, shall be boned out within sev-
enty-two hours after it is delivered to the plant. R.R.O. 1980, Reg.
236, s. 22.
23. Where a broker, prior to reselling meat from a dead animal,
alters the form thereof in any way that reduces or eliminates the col-
our of the surface resulting from the denaturing of the meat by the
application of powdered charcoal in accordance with clause
20(1) (a), the broker shall,
(a) further denature the meat in the manner and to the extent
prescribed by the said clause (a); and
278
Reg./Règl. 263
CADAVRES D'ANIMAUX
Reg./Règl. 263
(b) repackage the meat in accordance with clause 20 (1) (b).
R.R.O. 1980, Reg. 236, s. 23.
24.— (1) The record required to be made and kept by a collector
shall be completed legibly in Form 10 at the time the collector makes
a collection of dead animals.
(2) Form 10 shall be kept in the vehicle in which any animal to
which the record pertains is being transported. R.R.O. 1980, Reg.
236, s. 24.
25. The record required to be kept by the operator of a receiving
plant or a rendering plant,
(a) in respect of dead animals the collector receives shall be
completed legibly in Form 11; and
(b) in respect of the disposal of dead animals shall be com-
pleted legibly in Form 12. R.R.O. 1980, Reg. 236, s. 25.
26. The record required to be made and kept by a broker in
respect of the receipt and disposal of meat from dead animals shall
be completed legibly in Form 13. R.R.O. 1980, Reg. 236, s. 26.
27. Where an inspector inspects any vehicle used in the transpor-
tation of dead animals or any receiving or rendering plant, the
inspector shall make a report to the Director showing the conditions
found upon inspection. R.R.O. 1980, Reg. 236, s. 27.
28.— (1) An inspector who seizes a dead animal or meat there-
from under clause 15 (3) (c) of the Act, shall,
(a) attach thereto a red tag bearing a serial number and the
words "Ont. Detained";
(b) forthwith thereafter notify the owner or the person who had
possession thereof in writing of,
(i) the seizure, and
(ii) the grounds on which the inspector believes that
there is a contravention of the Act or this Regulation
in respect thereof; and
(c) direct that such dead animal or meat be detained in the
place where it was found or be removed to another place
designated by the inspector.
(2) An inspector who is satisfied,
(a) that the owner of the dead animal or meat that is under sei-
zure complies with; or
(b) that such dead animal or meat has been made to comply
with,
the Act or this Regulation in respect thereof shall remove the tag and
release the dead animal or meat from the seizure.
(3) Where, after a hearing, the Director finds that there is a con-
travention of the Act or this Regulation by the owner or person who
has possession of a dead animal or meat that is under seizure, the
Director may direct that such dead animal or meat be destroyed or
otherwise disposed of in such manner as the Director considers
advisable.
(4) Where a person is convicted of an offence against the Act or
this Regulation in respect of a dead animal or meat that is under sei-
zure, the Director may direct that such dead animal or meat be
destroyed or otherwise disposed of in such manner as the Director
considers advisable.
(5) The proceeds, if any, realized from the disposal of a dead ani-
mal or meat under subsection (3) or (4) shall be paid to the Treasurer
of Ontario.
(6) Where a dead animal or meat therefrom is under seizure, no
person shall,
(a) remove the tag bearing the words "Ont. Detained"; or
(b) sell, offer to sell, move, allow or cause to be moved, receive
or process such dead animal or meat. R.R.O. 1980, Reg.
236, s. 28.
Form 1
Dead Animal Disposal Act
APPLICATION FOR LICENCE AS COLLECTOR
To the Director
under the Dead Animal Disposal Act,
Ministry of Agriculture and Food
(name of applicant)
(address)
carrying on business as
applies for a licence as a collector under the Dead Animal Disposal
Act and the regulations, and in support of this application the follow-
ing facts are stated:
1. Business address of applicant
2. Number of vehicles operated by or for applicant in the collec-
tion of dead animals
3. Names of counties, etc. or parts thereof in which dead ani-
mals are collected
4. Names of receiving plants and rendering plants to which dead
animals are usually delivered
I undertake to furnish to the Director under the Dead Animal Dis-
posal Act details of any changes from the facts given in this applica-
tion within fifteen days of the date the changes are made.
Dated at ,this.
. day of ,
.,19..
(signature of applicant)
(title of official signing)
R.R.O. 1980, Reg. 236, Form 1.
Form 2
Dead Animal Disposal Act
LICENCE AS COLLECTOR
Licence No. ,
Under the Dead Animal Disposal Act and the regulations, and
subject to the limitations thereof, this licence is issued to
279
Reg./Règl. 263
DEAD ANIMAL DISPOSAL
Reg./Règl. 263
(name)
(signature of applicant)
(address)
carrying on business as
to engage in the business of collecting dead animals.
This licence expires with the 31st day of December, 19
Issued at Toronto, this day of ,19....
(Director under the Dead Animal Disposal Act)
R.R.O. 1980, Reg. 236, Form 2.
Form 3
Dead Animal Disposal Act
No Year
This marker issued to
(name)
Collector Licence Number
Ministry of Agriculture and Food.
R.R.O. 1980, Reg. 236, Form 3.
Form 4
Dead Animal Disposal Act
APPLICATION FOR LICENCE FOR THE OPERATION OF A
RECEIVING PLANT
To the Director
under the Dead Animal Disposal Act,
Ministry of Agriculture and Food
(name of applicant)
(address)
carrying on business as
applies for a licence to engage in the business of an operator of a
receiving plant under the Dead Animal Disposal Act, and in support
of this application the following facts are stated:
1. Business address of applicant
2. Location of receiving plant
3. Owner of receiving plant
(if partnership, list names of all partners)
4. Does the applicant engage in the business of collecting dead
animals?
I undertake to furnish to the Director under the Dead Animal Dis-
posal Act details of any changes from the facts given in this applica-
tion within fifteen days of the date the changes are made.
(title of official signing)
R.R.O. 1980, Reg. 236, Form 4.
Form 5
Dead Animal Disposal Act
LICENCE FOR THE OPERATION OF RECEIVING PLANT
Licence No.
Under the Dead Animal Disposal Act and the regulations, and
subject to the limitations thereof, this licence is issued to
(name)
(address)
carrying on business as
to engage in the business of operating a receiving plant at
(location)
This licence expires with the 31st day of December, 19
Issued at Toronto, this day of , 19.
(Director under the Dead Animal Disposal Act)
R.R.O. 1980, Reg. 236, Form 5.
Form 6
Dead Animal Disposal Act
APPLICATION FOR LICENCE FOR THE OPERATION OF A
RENDERING PLANT
To the Director
under the Dead Animal Disposal Act,
Ministry of Agriculture and Food
(name of applicant)
(address)
carrying on business as
applies for a licence to engage in the business of an operator of a ren-
dering plant under the Dead Animal Disposal Act, and in support of
this application the following facts are stated:
1 . Business address of applicant .
2. Location of rendering plant ...
3. Owner of rendering plant
Dated at this .
. day of .
19.,
(if partnership, list names of all partners)
4. Does the applicant engage in the business of collecting dead
animals?
280
Reg./Règl. 263
CADAVRES D'ANIMAUX
Reg./Règl. 263
I undertake to furnish to the Director under the Dead Animal Dis-
posal Act details of any changes from the facts given in this applica-
tion within fifteen days of the date the changes are made.
. , 19..
Dated at , this day of
(signature of applicant)
(title of official signing)
R.R.0. 1980, Reg. 236, Form 6.
Form?
Dead Animal Disposal Act
LICENCE FOR THE OPERATION OF RENDERING PLANT
1. Name under which business is carried on
2. Business address
3. Location of facilities, if any, in which meat obtained from
dead animals is stored
4. Owner of such storage facilities
(name)
(address)
5. Names of receiving plants and rendering plants from which
meat is usually purchased
Licence No.
Under the Dead Animal Disposal Act and the regulations, and
subject to the limitations thereof, this licence is issued to
(name)
(address)
carrying on business as
to engage in the business of operating a rendering plant at
(location)
This licence expires with the 31st day of December, 19
Issued at Toronto, this day of , 19..
(Director under the Dead Animal Disposal Act)
R.R.O. 1980, Reg. 236, Form 7.
Forms
Dead Animal Disposal Act
APPLICATION FOR LICENCE AS BROKER
To the Director
under the Dead Animal Disposal Act,
Ministry of Agriculture and Food
(name of applicant)
(address)
applies for a licence to engage in the business of a broker under the
Dead Animal Disposal Act and the regulations and, in support of this
application, the following facts are stated:
I undertake to furnish to the Director under the Dead Animal Dis-
posal Act details of any changes from the facts given in this applica-
tion within fifteen days of the date the changes are made.
Dated at , this .
. day of .
., 19..
(signature of applicant)
(title of official signing)
R.R.O. 1980, Reg. 236, Form 8.
Form 9
Dead Animal Disposal Act
LICENCE AS BROKER
19 Licence No
Under the Dead Animal Disposal Act and the regulations, and
subject to the limitations thereof, this licence is issued to
(name)
(address)
carrying on business as
to engage in the business of a broker.
This licence expires with the 31st day of December, 19
Issued at Toronto, this day of ,19..
(Director under the Dead Animal Disposal Act)
R.R.0. 1980, Reg. 236, Form 9.
281
Reg./Règl. 263
DEAD ANIMAL DISPOSAL
Reg./RègL 263
Form 10
Dead Animal Disposal Act
COLLECTOR'S RECORD OF COLLECTION OF DEAD ANIMALS
Name of Collector ....
Address of Collector .
Dead Animals
Collected From
Date of
Collection
Kind, No. and Approximate
Weight of Dead Animals Collected
Plant to which Dead Animals
are Delivered
Name
Address
Kind
No.
Approx. Wgt.
Name
Address
R.R.O. 1980, Reg. 236, Form 10.
Form 11
Dead Animal Disposal Act
RECEIVING PLANT OR RENDERING PLANT OPERATOR'S RECORD OF
DEAD ANIMALS RECEIVED
Name of Operator ....
Address of Operator .
Dead Animals Delivered By
Date of
Delivery
Kind, No. and Approx. Weight
of Dead Animals Received
Name of Collector
Licence No.
Kind
No.
Approx. Weight
R.R.O. 1980, Reg. 236, Form 11.
282
Reg./Règl. 263
CADAVRES D'ANIMAUX
Reg./Règl. 263
Form 12
Dead Animal Disposal Act
RECEIVING PLANT OR RENDERING PLANT OPERATOR'S RECORD OF DISPOSAL OF DEAD ANIMALS
Name of Operator
Address of Operator
MEAT AND OFFAL SOLD
MEAT AND OFFAL STORED IN PREMISES THAT ARE NOT A
PART OF OPERATOR'S PLANT
Date
of
Sale
Name
of
Purchaser
Address
of
Purchaser
MEAT
Weight
in
Pounds
OFFAL
Weight
in
Pounds
Date
Name of
Owner of
Premises
Address
of
Premises
MEAT
OFFAL
Placed in
Storage
(Pounds)
Removed
from
Storage
(Pounds)
Total
Quantity
in Storage
(Pounds)
Placed
in
Storage
(Pounds)
Removed
from
Storage
(Pounds)
Total
in
Storage
(Pounds)
R.R.O. 1980, Reg. 236, Form 12.
Form 13
Dead Animal Disposal Act
BROKER'S RECORD OF MEAT RECEIVED AND DISPOSAL OF MEAT
Name of Broker .
Address
Ï
Date
Received
from
(Name)
Sold to
(Name)
Address
MEAT
(Weight
in
Pounds)
OFFAL
(Weight
in
Pounds)
Meat Held
(in Pounds)
Offal Held
(in Pounds)
R.R.O. 1980, Reg. 236, Form 13.
283
Reg./Règl. 264
Reg./Règl. 264
Dental Technicians Act
Loi sur les techiniciens dentaires
REGULATION 264
GENERAL
1.— (1) A dental technician may be admitted to carry on business
in Ontario if,
(a) the applicant is of the full age of eighteen years;
(b) the applicant has successfully completed Grade 12 in
Ontario or its equivalent in another jurisdiction;
(c) the applicant has,
(!) served in Ontario as a dental technician- in the
employment of a dentist or a dental technician for a
period of at least four years, or
(ii) successfully completed an approved program in den-
tal technology at a College of Applied Arts and
Technology of Ontario and has served one year
under the supervision of a dentist or a registered
dental technician;
(d) the applicant has passed the examinations of the Board; and
(e) the applicant has paid the registration fees within one year
of successful completion of the Board examinations.
(2) The service referred to in clause (1) (c) may have been per-
formed outside Ontario while the applicant was a member of the
Canadian Forces. R.R.O. 1980, Reg. 237, s. 1.
2.— (1) An applicant for registration shall give notice in Form 3 to
the secretary-treasurer at least one month before the date of the next
examination.
(2) A notice referred to in subsection (1) shall be accompanied by
an examination fee of $100. R.R.O. 1980, Reg. 237, s. 2.
3.— (1) The secretary-treasurer shall register every dental techni-
cian who is eligible for registration, applies in Form 3 and pays a reg-
istration fee of $325 . O. Reg. 597/90, s. 1 .
(2) Upon registering a dental technician, the secretary-treasurer
shall issue to the dental technician a certificate of registration in
Forml. R.R.O. 1980, Reg. 237, s. 3 (2).
4.— (1) A certificate of registration expires on the 1st day of Feb-
ruary of a year unless a renewal fee of $325 is paid in respect of that
year on or before that date. O. Reg. 597/90, s. 2.
(2) When a certificate of registration expires, the secretary-trea-
surer shall strike the name of the former holder of the certificate
from the register. R.R.O. 1980, Reg. 237, s. 4 (2).
5. Where a registration has not been renewed and not more than
two consecutive years have passed since the expiration of the regis-
tration, the secretary-treasurer shall re-register the dental technician,
(a) upon application for re-registration in Form 2; and
(b) upon payment of a re-registration fee of $350. R.R.O.
1980, Reg. 237, s. 5; O. Reg. 710/82, s. 3; O. Reg. 75/86,
s. 3; O. Reg. 48/87, s. 3; O. Reg. 12/88, s. 3; O. Reg.
446/89, s. 3; O. Reg. 597/90, s. 3.
6.— (1) The Board shall appoint a committee of examiners com-
posed of not less than two dental technicians and one dentist who
shall have charge of the annual examinations at Toronto of appli-
cants for registration.
(2) The committee of examiners shall conduct annual examina-
tions at a time or times that the Board shall direct and the examina-
tions shall consist of a practical test in the work ordinarily performed
by a dental technician and other written or oral examinations on den-
tal technology. R.R.O. 1980, Reg. 237, s. 6.
7.— (1) Every member of the Board,
(a) shall be paid a daily allowance of $125 together with the
reasonable travelling and living expenses incurred by the
member while actually engaged on the business of the
Board; and
(b) appointed to investigate any complaint under clause
3 (1) (g) of the Act or to assist In the conducting of any
prosecution shall be paid the reasonable travelling and liv-
ing expenses incurred by the member and a dally fee of
$125.
(2) Every examiner appointed under section 6 shall be paid a fee
of,
(a) $125 for each day of the examination; and
(b) $125 for each day or part of a day while attending a meeting
of the committee of examiners,
but not to exceed $650 for each annual examination. O. Reg.
12/88, s. 4.
DisciPUNE AND Ethics
8.— (1) No dental technician shall,
(a) advertise himself or herself as a dental technician by written
or any other advertisement otherwise than by,
(i) mail to the dental profession, or
(Ii) publishing in a journal or other publication exclu-
sively devoted to dental surgery or dental technique,
or both, or In a printed publication circulated exclu-
sively among dentists or physicians or dental techni-
cians, an announcement or card giving his or her
name, qualifications, address, specialties. If any,
business hours and telephone number;
(b) advertise or cause to be advertised the prices or terms of
payment for his or her work or products as a dental techni-
cian, except to quote or state upon a good faith request
therefor, the prices or terms to any legally qualified medical
practitioner, any person licensed under Part II of the
Health Disciplines Act or any registered dental technician;
(c) use in the manufacture or repair of oral prosthetic devices,
materials other than those prescribed by the dentist or phy-
sician for whom the work is being performed;
(d) directly or indirectly advertise expressly or by implication
that he or she,
(i) gives consultations,
(ii) gives free service.
285
Reg./Règl. 264
DENTAL TECHNICIANS
Reg./Règl. 264
(e)
(iii) grants premiums,
(iv) grants rebates, discounts or reductions, or
(v) promises the return or refunding of money paid for
services rendered by him or her as a dental techni-
cian;
in any advertising make any mention or claim with respect
to the time of service or the speed with which any service is
to be rendered; or
of the
(f) carry on the business of dental technician otherwise than in
accordance with the provisions of the Act and of Part II of
the Health Disciplines Act.
(2) A dental technician who contravenes any of the provisions of
subsection (1) isguilty of misconduct. R.R.O. 1980, Reg. 237, s. 8.
9.— (1) The Board may cancel or may suspend for such time and
upon such terms and conditions as it considers proper the registra-
tion of any person whom after a hearing it finds to be guilty of mis-
conduct or to have been incompetent and, in addition to or as an
alternative for such cancellation or suspension, the Board may assess
against and recover from such person the expense or part of the
expense incurred by the Board in the investigation and the hearing,
up to a maximum of $ 100.
(2) At least ten days before the date fixed for the hearing, the
Board shall give to the registered dental technician by personal ser-
vice,
(a) a written notice of the time and place fixed for the hearing;
and
(b) a written statement of particulars of the misconduct or
incompetence alleged by the Board and a copy of any com-
plaint in writing.
(3) The person against whom the complaint has been made is
entitled to attend and answer the complaint and to be represented by
counsel at the hearing but, where the person does not attend, the
Board may proceed in his or her absence.
(4) The Board may employ such legal and other assistance as it
considers necessary for the purpose of the investigation or hearing.
R.R.O. 1980, Reg. 237, s. 9.
Foi-m 1
Dental Technicians Act
CERTIFICATE OF REGISTRATION
No Date
THIS IS TO CERTIFY that
of the
in the is a Registered
Dental Technician for the year 19
1. I,
Secretary-Treasurer of the
Governing Board of
Dental Technicians
R.R.O. 1980, Reg. 237, Form 1.
Form 2
Dental Technicians Act
APPLICATION FOR RE-REGISTRATION
(print name in full)
(print full postal business address)
hereby apply to the Board for the restoration of my name to
the register of dental technicians.
2. I enclose a re-registration fee of $350.
Dated at this day of ..
,19..
(signature of applicant)
R.R.O. 1980, Reg. 237, Form 2; O. Reg. 710/82, s. 4; O. Reg.
75/86, s. 4; O. Reg. 48/87, s. 4; O. Reg. 12/88, s. 5; O. Reg. 446/89,
s. 4; O. Reg. 597/90, s. 4.
Form 3
Dental Technicians Act
APPLICATION FOR EXAMINATION AND REGISTRATION
1. I,
(print name in full)
of.
(address in full)
Telephone Number
hereby make application to the Governing Board of Dental
Technicians for the next examination to be conducted by the
Board, and, if successful at such examination, for registration
as a dental technician.
2. Attached to this application are the following:
i. Proof that I am of the full age of eighteen years as appears
by certificate (birth, baptism, etc.).
ii. Proof of completion of Grade 12 in Ontario or the equiva-
lent in another jurisdiction.
iii. Proof of service within Ontario as a dental technician under
the supervision of a dentist or a registered dental technician
for a minimum period of four years; or proof of successful
completion of an approved program at a College of Applied
Arts and Technology of Ontario and one year of service
under the supervision of a registered dental technician.
iv. Cheque payable to the Governing Board of Dental Techni-
cians in the sum of $100.
v. Two character references.
vi. A recent photograph, passport size.
If I obtain pass standing at the examinations, I shall remit forth-
with to the Board my registration fee of $325 after receiving notifica-
tion from the Board.
Dated at this.
. day of .
,19..
(signature of applicant)
R.R.O. 1980, Reg. 237, Form 3; O. Reg. 710/82, s. 5; O. Reg.
75/86, s. 5; O. Reg. 48/87, s. 5; O. Reg. 12/88, s. 6; O. Reg. 446/89,
s. 5; O. Reg. 597/90, s. 5.
286
Reg./Règl. 265
Reg./Règl. 265
Denture Therapists Act
Loi sur les denturologues
REGULATION 265
GENERAL
1.— (1) The requirements for the issuing of a licence to an appli-
cant are,
(a) that the applicant submits to the Registrar a completed
application for the licence in a form provided by the Regis-
trar;
(b) that the applicant is a Canadian citizen or has permanent
resident status or an employment authorization under the
Immigration Act (Canada);
(c) that the applicant has oral and written proficiency in the
English or French language;
(d) that there has been no finding of, and that there is no cur-
rent proceeding involving an allegation of, professional mis-
conduct, incompetence or being incapacitated or any like
finding or allegation against the applicant;
(e) that the applicant has not been found guilty of, and that
there is no charge pending involving an allegation of an
offence relevant to the applicant's suitability to practise
denture therapy;
(f) that the applicant pays a licensing fee of $25;
(g) that the applicant pays the annual fee set out in section 2;
and
(h) if the applicant received his or her qualifications in denture
therapy other than at George Brown College of Applied
Arts and Technology, that the applicant presents his or her
original diploma in denture therapy and documentation
identifying the applicant in person to the Registrar.
(2) The qualifications for the issuing of a licence to an applicant
are that the applicant,
(a) is the holder of a diploma in denture therapy issued by
George Brown College of Applied Arts and Technology, or
is the holder of qualifications that are equivalent to a
diploma in denture therapy issued by George Brown Col-
lege of Applied Arts and Technology; and
(b) has successfully completed the qualifying examinations in
denture therapy at George Brown College of Applied Arts
and Technology.
(3) Clause (2) (b) does not apply to an applicant who is the
holder of a diploma in denture therapy issued by George Brown Col-
lege of Applied Arts and Technology less than sue months before the
applicant submits his or her application. O. Reg. 672/90, s. I, part.
2.— (1) The fee for a licence to practise denture therapy is $500.
(2) The fee for entry in a register referred to in subsection 4 (5)
of the Act is $25.
(3) The annual fee payable by a licensee is $500 and is due and
payable on or before the anniversary date of the issue of the licence.
(4) The penalty for the late payment of an annual fee is $25.
(5) Every licensee shall submit with the annual fee evidence indi-
cating the approximate number of hours in the preceding year in
which he or she engaged in the practice of denture therapy or the
practice of supervised denture therapy.
(6) It is a condition of a licence that after the second anniversary
date of its issue the licence terminates on the anniversary date unless
the licensee,
(a) has engaged in the practice of denture therapy or super-
vised denture therapy for at least 1,500 hours in the preced-
ing three years; or
(b) has successfully completed the most recent qualifying exam-
inations in denture therapy at George Brown College of
Applied Arts and Technology.
(7) A person whose licence is terminated as a result of the condi-
tion set out in subsection (6) is entitled to have his or her licence
reinstated upon application within two years after the termination if
the person has successfully completed the most recent qualifying
examinations in denture therapy at George Brown College of
Applied Arts and Technology. O. Reg. 672/90, s. 2.
3.— (1) A person whose licence is cancelled for the nonpayment of
the annual fee is entitled to have his or her licence reinstated on
application within two years after the cancellation if the person,
(a) pays all fees that would be outstanding if the licence had not
been cancelled together with a penalty of $100; and
(b) has lawfully engaged in the practice of denture therapy or
supervised denture therapy for at least 1,500 hours in the
three years preceding the date of the application or has suc-
cessfully completed the most recent qualifying examinations
in denture therapy at George Brown College of Applied
Arts and Technology.
(2) A licensee whose licence is suspended and who wishes to
resume the practice of denture therapy shall, before resuming the
practice of denture therapy, provide the Registrar with evidence that
the licensee has received no income or other benefit in respect of the
practice of denture therapy from any person during the period of the
licensee's suspension. O. Reg. 672/90, s. 3.
4. The fee for entry to licensing examinations set or approved by
the Board is $350. R.R.O. 1980, Reg. 238, s. 5.
5.— (1) It is a conflict of interest for a denture therapist to,
(a) use without reasonable payment any premises or equipment
provided by a person who stands to gain financially from
the prescribing of denture therapy materials or equipment
by the denture therapist;
(b) share fees with any person who has referred a patient or
receive fees from any person to whom the denture therapist
has referred the patient or to engage in any form of fee
sharing, rebates or other indirect remuneration;
(c) engage in the practice of denture therapy as a partner,
employer, employee, principal or agent of, or in any other
business association, with any person or corporation other
than.
287
Reg./Règl. 265
DENTURE THERAPISTS
Reg./Règl. 265
(i) with a denture therapist who is engaged in the prac-
tice of denture therapy,
(ii) with a legally qualified dental surgeon who is
engaged in the practice of dentistry, or
(iii) as an employee or agent of a municipal or other gov-
ernment, agency of such government, university or
hospital;
(d) charge or receive in respect of a prosthetic appliance pay-
ment in excess of the commercial laboratory costs incurred
by the denture therapist; or
(e) own or have any proprietary interest in a commercial dental
laboratory. R.R.O. 1980, Reg. 238, s. 6 (2); O. Reg.
672/90, s. 4 (2).
(2) For the purpose of this section, "commercial dental labora-
tory" means a laboratory operated by a registered dental technician
or a corporation where prosthetic devices are fabricated on the pre-
scription of a dentist but does not include premises where prosthetic
devices are fabricated by a denture therapist for his or her own
patients. R.R.O. 1980, Reg. 238, s. 6 (3).
6.— (1) For the purposes of the Act, "professional misconduct"
means,
1. failure by a licensee to abide by the terms, conditions or
limitations of his or her licence;
2. failure to maintain the records that are required to be kept
respecting the licensee's patients;
3. failure to provide an account or receipt to a patient or fail-
ure to itemize an account at the request of a patient or a
third party responsible for payment of the account;
4. exceeding the lawful scope of practice;
5. having a conflict of interest;
6. using terms, titles or designations other than those autho-
rized or prescribed by this Regulation;
7. failure to refer to a dental surgeon or a physician a patient
who has an intra oral condition that is not normal and that
is detected or ought to have been detected;
8. assisting or counselling a person who is not licensed as a
denture therapist to engage in the practice of denture ther-
apy except as provided for under subsection 3 (2) of the
Act;
9. the contravention of the Act or the regulations;
10. publishing, displaying, distributing or using or permitting,
directly or indirectly, the publishing, display, distribution or
use of any advertisement related to the practice of denture
therapy other than,
i. professional cards that contain only the name of the
licensee, a vocational designation, the licensee's
address, academic degrees, except those that are
related to the practice of dentistry, telephone num-
ber and office hours,
ii. an announcement in a newspaper or a weekly or
monthly periodical that does not contain more than
the information contained in an announcement card,
and
A. does not exceed two standard newspaper col-
umns in width and five centimetres in depth,
including the margins.
B. is not part of an advertisement containing ref-
erences to dental equipment or to prosthetic
appliances, and
C. does not appear more than once in any issue
of the newspaper or periodical,
iii. appointment cards that do not contain more than the
information contained in a professional card and the
time and date of the appointment or appointments,
iv. reminder notices to patients,
v. announcement cards that do not state more than the
information contained in a professional card and an
announcement of the commencement of the practice
of the denture therapist, a change of location or a
new association in practice,
vi. one exterior sign or, where there are no door plates
or building directory listings, not more than two
exterior signs stating his or her name, vocational des-
ignation and telephone number, which sign shall be
on the premises where the denture therapist
practises, provided that,
A. only one sign may be a suspended sign,
B. only one sign may be illuminated, and the
sign shall not be an intermittent or neon type,
C. the maximum size of the letters used in the
sign shall not exceed ten centimetres in
height,
D. words designating office hours may be added
to the sign in letters not more than five centi-
metres in height,
E. where an entrance is difficult to find, the
words "Entrance on" may be added to the
sign,
vii. door plates and listings on building directories on the
premises where the licensee is engaged in the prac-
tice of denture therapy that contain no more than the
name of the licensee, a vocational designation and
academic degrees other than those that are related to
the practice of dentistry and such listings shall be no
greater in number than that which is required to
readily identify the location of the licensee's place of
practice,
viii. a telephone directory listing,
A. that is in the white pages of the telephone
directory, in which case the listing shall,
1 . be only of light type,
2. be used only under the alphabetical list-
ing according to the denture therapist's
surname, and
B. that is in the yellow pages of the telephone
directory, in which case the listing shall,
1 . be only of light type,
2. be used only in the telephone listings for
the particular geographical area in
which the denture therapist practises
denture therapy, and
3. be used only in the part designated
288
Reg./Règl. 265
DENTUROLOGUES
Reg./Règl. 265
"denture therapists" and where the
practice of denture therapy is carried on
as a partnership list only the partnership
name;
11. using or having in the office premises dental equipment
other than equipment required in the practice of denture
therapy unless a dental surgeon practises dentistry in the
same office premises;
12. charging a fee in excess of the fee in the current fee guide of
the Denturists Association of Ontario without prior notifi-
cation to the patient as to the excess amount of the fee;
13. charging fees that are excessive or unreasonable in relation
to the services performed or charging fees for services that
are not performed;
14. displaying or permitting to be displayed dental appliances
that can be seen from the exterior of the premises at which
the denture therapist practises;
15. signing or issuing a certificate, report or similar document
that contains a statement the denture therapist knows or
ought to know is false, misleading or otherwise improper;
16. failure to provide within a reasonable time in the circum-
stances and without cause any report or certificate
requested by a patient or his or her authorized agent in
respect of a service provided by the licensee;
17. knowingly submitting a false or misleading account or false
or misleading charges for services rendered to a patient;
18. failure to carry out the terms of any agreement with a
patient;
19. refusal to allow an inspector or a person appointed under
section 22 of the Act to make an investigation to enter the
denture therapist's laboratory or office at a reasonable time
for the purpose of inspecting the denture therapist's records
and equipment;
20. using or having in the licensee's office drugs or anaesthetics
of any kind;
21 . soliciting of patients by a supervised denture therapist;
22. the submission of any accounts or charges to a patient or to
any person legally responsible for the patient's debts for
services rendered by a supervised denture therapist;
23. accepting a credit card to obtain payment for denture ther-
apy services prior to rendering the denture therapy services;
24. selling a professional account to a third party other than by
the accepting of a credit card defined in subsection (2) to
obtain payment for denture therapy services;
25. cutting or grinding natural teeth or any restoration in or
covering a natural tooth;
26. giving information concerning a patient's dental condition
or any service performed for a patient to another person
other than the patient without the consent of the patient,
unless required to do so by law;
27. engaging in the practice of denture therapy while the ability
of the licensee is impaired by alcohol or a drug;
28. failing to continue to perform essential services for a patient
until the services are no longer required or the professional
services are performed for the patient by another licensee
or by a dentist;
29. improper conduct or association with a patient;
30. practising denture therapy for a fee or otherwise in any
public place or in any vehicle or other movable contrivance
without the approval of the Board;
31. retain the services of, employ, be employed by, maintain a
partnership or association with, directly or indirectly
receive, make or confer renumeration or other benefit to or
from or share or occupy an office or laboratory space in any
manner or for any purpose related to the practice of den-
ture therapy with a person whose licence as a denture thera-
pist is suspended, revoked or cancelled;
32. an act relevant to the practice of denture therapy that, hav-
ing regard to all the circumstances, would reasonably be
regarded as disgraceful, dishonourable or unprofessional
conduct;
33. engaging or holding oneself out as engaging in the practice
of denture therapy using any name, term or designation
other than the name of the licensee as entered in the regis-
ter referred to in subsection 4 (5) of the Act; and
34. failure to maintain the standard of practice of the
profession. R.R.O. 1980, Reg. 238, s. 7; O. Reg. 46/84,
s. 1; O. Reg. 291/84, s. 1; O. Reg. 584/88, s. 1 (1);
O. Reg. 672/90, s. 5.
(2) For the purposes of this section, "credit card" means a credit
card that is accepted by a denture therapist pursuant to a standard
form of agreement that requires the provider of the credit card to
rely upon the provider's contract with the card holder or card sales
slip to enforce payment of money owed and not upon a patient
record of the denture therapist. O. Reg. 584/88, s. 1 (2).
7. Despite paragraph 10 of subsection 6 (1), a denture therapist
who is an employee shall not publish, display or distribute or permit
directly or indirectly the publishing, display, distribution or use of
any advertisement related to his or her employment as a denture
therapist other than by a professional card that gives his or her name,
academic degrees and vocational designation. R.R.O. 1980, Reg.
238, s. 8.
8.— (1) Subject to subsections (2) and (3), where a licensee's
name is entered in the register referred to in subsection 4 (5) of the
Act, the name in the register shall be the same as the name of the
licensee in the documentary evidence of his or her education and
qualification in denture therapy.
(2) Where a licensee does not have the education and has not
earned the qualification referred to in subsection (1) and is exempt
from the requirements and qualifications set out in clause 1 (2) (a),
the name of the licensee that shall be entered in the register referred
to in subsection 4 (5) of the Act shall be,
(a) where the licensee is an immigrant, the name of the licensee
as it appears in the documentary evidence of his or her
immigration;
(b) where the licensee was an immigrant and is now a citizen of
Canada, the name of the licensee as it appears in the docu-
mentary evidence of his or her citizenship; or
(c) such name, other than a name referred to in clause (a) or
(b), as the Registrar considers proper.
(3) An applicant for a licence or a licensee may request entry in
the register in a name other than the name required by subsection (1)
or (2) and the Registrar may cause such other name to be entered in
the register if the applicant or licensee, as the case may be, presents
to the Registrar,
(a) a certified copy of an order of a court of competent jurisdic-
289
Reg./Règl. 265
DENTURE THERAPISTS
Reg./Règl. 265
tion in Ontario changing the applicant's or licensee's name;
or
(b) a certified copy of a valid certificate of marriage or a decree
absolute of divorce, obtained in any province of Canada; or
(c) such further or other documentary material that, in the
opinion of the Registrar, sufficiently identifies the person
named in the documentary material as the applicant or
licensee, and that satisfies the Registrar that the use of the
other name is not for any improper purpose. R.R.O.
1980, Reg. 238, s. 9.
9.— (1) A licensee may use as a vocational designation,
(a) Denture Therapist;
(b) D.T., following the licensee's name;
(c) Denture Therapy Clinic; or
(d) Denture Clinic.
(2) A licensee may not use more than one vocational designation,
except the use of "D.T." with another vocational designation.
O. Reg. 672/90, s. 6.
10.— (1) The reasons for a decision of the discipline committee
shall be published in a report of the Board and the identity of the
licensee,
(a) shall be made known if the licensee's licence has been
revoked, suspended or restricted or if the licensee has been
reprimanded and the committee has directed the fact of
such reprimand to be recorded on the register;
(b) shall not be made known if the licensee has been repri-
manded but the committee has not directed the fact of the
reprimand to be recorded on the register or during the cur-
rency of any suspension or postponement of a penalty; and
(c) shall not be made known if the licensee has been found not
guilty of professional misconduct or not to be incompetent,
unless the licensee requests in writing that he or she be
identified.
(2) The Registrar may communicate the decision of the discipline
committee to any complainant and any witness who testified at the
hearing if the complainant or witness so requests.
(3) The Registrar may provide a copy of any written reasons of
the committee and any other information that the Registrar consid-
ers necessary to explain the proceedings and the decision to the com-
plainant or witness. O. Reg. 672/90, s. 7.
11.— (1) The Board shall determine the information required for
the compilation of statistics with respect to the supply, distribution
and professional activities of denture therapists and may direct the
Registrar to obtain the required information.
(2) The information required for the compilation of statistics may
include particulars of the age, sex, oral condition of patients, patient
case load, referral of patients, population served and other practice
activities of denture therapists.
(3) Upon the written request of the Registrar, denture therapists
shall provide to the Registrar the information required for the com-
pilation of statistics. R.R.O. 1980, Reg. 238, s. 12.
12.— (1) Every licensee, except when engaging in the practice of
supervised denture therapy, shall make and keep clinical and finan-
cial records respecting his or her patients.
(2) The records of a licensee respecting a patient shall contain at
least,
(a) the patient's name, address and telephone number;
(b) the patient's denture and related history;
(c) the findings obtained from examination of the patient;
(d) the procedures used on the patient;
(e) the prosthetic appliances provided or adjusted for the
patient;
(f) the date of each contact with the patient and an indication
of the nature of the contact and the services provided to the
patient; and
(g) the licensee's fees and charges.
(3) Despite subsection (2) , if the only service a licensee provides
is a repair of a denture that the licensee did not fabricate and the ser-
vice does not require an impression to be taken by the licensee, the
records for the repair need only contain,
(a) the patient's name, address and telephone number;
(b) the date and nature of the repair; and
(c) the fees and charges for the repair. O. Reg. 672/90, s. 8.
13. A record required to be kept under section 12 shall be
retained for a period of seven years from the date of the making of
the record. O. Reg. 667/81, s. 1.
290
Reg./Règl. 266
Reg./Règl. 266
Deposits Regulation Act
Loi sur les dépôts d 'argent
REGULATION 266
GENERAL
1. Any proposed advertisement submitted for certification under
subsection 4 (1) of the Act shall be submitted in duplicate and the
applicant shall furnish such information as the Commission requires.
R.R.O. 1980, Reg. 239, s. 1.
2. Upon being satisfied that the proposed advertisement complies
with the provisions of the Act and the regulations, the Commission
shall direct the Registrar of the Commission to issue a certificate.
R.R.O. 1980, Reg. 239, s. 2.
3. Every person or corporation accepting or receiving deposits
from members of the public shall maintain in Ontario a separate
record for each depositor on a daily basis showing all the transactions
completed and shall, in addition, maintain a control account on a
daily basis reflecting such transactions and shall keep the supporting
documents to such accounts, all in accordance with generally
accepted accounting principles. R.R.O. 1980, Reg. 239, s. 3.
4. Every person or corporation accepting or receiving deposits
from members of the public shall maintain a daily detailed record of
the assets segregated as required by subsection 5 ( 1 ) of 'he Act show-
ing the cash on hand or deposited in any bank to which the Bank Act
(Canada) applies and showing the principal amount, the acquisition
date, the maturity date and the description of every short term secu-
rity held. R.R.O. 1980, Reg. 239, s. 4.
5.— (1) The return required to be furnished by subsection 5 (3) of
the Act shall be in Form 1 and the person or corporation making the
return shall furnish the Commission with such additional financial
statements as the Commission requires.
(2) The return and additional financial statements shall speak as
of the first day of the month preceding each month referred to in
subsection 5 (3) of the Act and each shall be certified correct by an
officer or auditor of the person or company making the return.
R.R.O. 1980, Reg. 239, s. 5.
6. The fees that shall be paid to the Commission are as follows:
1. Upon the submission of an advertisement under
subsection 4 (1) of the Act,
i. for the first proposed advertisement
$50
2. Upon furnishing each return under subsection S (3)
of the Act $25
3. For an inspection by a duly authorized representa-
tive of the Commission under subsection 5 (4) of
the Act, the rate per day per representative shall be
$25. R.R.O. 1980, Reg. 239, s. 6.
Form 1
Deposits Regulation Act
Particulars of the security for deposits accepted or received by a per-
son or corporation.
Effective Date , 19
Aggregate amount of Deposits: $
Cash held separately: $
ADD: Cash Deposited and held separately:
Bank Branch
Total Cash on Hand and on
Deposit:
ADD: Principal amount of short
term securities from
Schedule A:
Aggregate of Cash and
Securities:
Aggregate of Cash and
Securities as a percentage
of Deposits:
%.,
Certified correct as complying with subsection 5 (3) of the
Deposits Regulation Act.
ii. for each additional proposed advertisement
thereafter 10
Date
Signed
Auditor
Schedule A
Acquisition
Date
Full Description of
Security
Maturity
Date
Cost
1
Market
Value
Principal
Amount
Totals
$
$
$
$
$
$
R.R.O. 1980, Reg. 239, Form 1.
291
Reg./Règl. 267
Reg./Règl. 267
Development Charges Act
Loi sur les redevances d 'exploitation
REGULATION 267
DEVELOPMENT CHARGES
1.— (1) The determination of capital cost shall not include costs
levied in an agreement under section 51 or 53 of the Planning Act
before the coming into force of a development charge by-law.
(2) Despite subsection (1), the determination of capital cost may
include all costs related to buildings, structures or facilities that have
been oversized so as to accommodate future growth. O. Reg.
725/89, s. 1.
2. Despite any provision of a development charge by-law, a
municipality shall not include in its calculation of development
charges the growth-related net capital cost of a service that is not
being provided at the time the development charges are being
calculated. O. Reg. 725/89, s. 2.
3.— (1) Subject to subsection (2), a municipality shall base the cal-
culation of development charges on the provision of services at stan-
dards no higher than the standards to which such services are cur-
rently provided or have been provided at any time in the ten years
preceding the calculation.
(2) In calculating development charges, a municipality shall apply
only those standards which have been approved by council and form
part of an adopted official plan, an approved capital forecast or other
similar expression of the intention of council.
(3) A standard approved under subsection (2) may be based on
the provision of a service,
(a) throughout the municipality; or
(b) within a portion of the muncipality as designated in a devel-
opment charge by-law.
(4) A municipality may change the manner in which the services
are provided.
(5) Any changes adopted under subsection (4) shall be based on
changes in the design, delivery or operation of the affected services,
and shall not provide for the imposition of a higher standard of ser-
vice than the standard used under subsection (1).
(6) Despite subsections (1) and (5), if the standards which are
currently applied are lower than the standards required under
another Act, the calculation of development charges may be based
on the provision of such services applying the standards required
under such Act. O. Reg. 725/89, s. 3.
4.— (1) The calculation of development charges shall be based on
growth-related net capital costs for a period not exceeding ten years
from the date a development charge by-law comes into force.
(2) Despite subsection (1), the calculation of development
charges may be based on growth-related net capital costs for water
supply services, sanitary sewer services, storm drainage services,
transportation services and waste disposal services for a period
exceeding ten years. O. Reg. 725/89, s. 4.
5.— (1) A municipality may, in a development charge by-law,
define uses as,
(a) residential, commercial or other general category; and
(b)
specific categories within the general categories described
in clause (a).
(2) A municipality shall calculate the growth-related net capital
costs attributable to each of the uses of land, buildings or structures
designated in a development charge by-law.
(3) A municipality may impose, with respect to each use of land,
buildings or structures designated in a development charge by-law,
only those growth-related net capital costs attributed to that use.
(4) A municipality that has provided, in its development charge
by-law, for two or more specific use categories within a general cate-
gory, may treat those specific use categories as a general use for the
purposes of subsections (2) and (3).
(5) A municipality may treat any or all of the uses specified in its
development charge by-law, except residential uses, as a single use
for the purposes of subsections (2) and (3). O. Reg. 725/89, s. 5.
6.— (1) In this section,
"grade" means the average level of finished ground adjoining a
dwelling unit at all exterior walls;
"gross floor area" means the total area of all floors above grade of a
dwelling unit measured between the outside surfaces of exterior
walls or between the outside surfaces of exterior walls and the cen-
tre line of party walls dividing the dwelling unit from another
dwelling unit or other portion of a building;
"semi-detached or row dwelling" means a residential building con-
sisting of one dwelling unit having one or two vertical walls, but no
other parts, attached to another structure;
"single detached dwelling" means a residential building consisting of
one dwelling unit and not attached to another structure.
(2) Subject to subsection (3), a development charge by-law shall
not impose a development charge with respect to the creation of,
(a) one or two additional dwelling units in an existing single
detached dwelling; or
(b) one additional dwelling unit in any other existing residential
building.
(3) A development charge may be imposed under clause (2) (a) if
the total gross floor area of the additional one or two units exceeds
the gross floor area of the existing dwelling unit.
(4) A development charge may be imposed under clause (2) (b) if
the additional unit has a gross floor area greater than,
(a) in the case of a semi-detached or row dwelling, the gross
floor area of the existing dwelling unit; and
(b) in the case of any other residential building, the gross floor
area of the smallest dwelling unit contained in the residen-
tial building. O. Reg. 725/89, s. 6.
7. A municipality may provide in a development charge by-law
that development charges may be adjusted one or two times annually
in accordance with.
293
Reg./Règl. 267
DEVELOPMENT CHARGES
Reg./Règl. 267
(a) the Composite Southam Construction Cost Index (Ontario
Series);
(b) the Engineering News Record Cost Indexes in 22 cities as
published in the Engineering News Record; or
(c) Statistics Canada quarterly. Construction Price Statistics,
catalogue number 62-007. O. Reg. 725/89, s. 7.
8. Notice of a public meeting under clause 4 (1) (b) of the Act
may be given,
(a) by personal service or prepaid first class mail to every
owner of land in the area to which the proposed by-law
would apply, at the address shown on the last revised
assessment roll or, if the clerk of the municipality has
received written notice of a change of ownership of land, at
that address; or
(b) by publication in a newspaper that is, in the clerk's opinion,
of sufficiently general circulation in the area to which the
proposed by-law would apply to give the public reasonable
notice of the meeting. O. Reg. 725/89, s. 8.
9.— (1) The notice under subsection 4 (3) of the Act of the passing
of a by-law shall be in Form 1.
(2) Notice under subsection 4 (3) of the Act shall be given in the
same manner as described in section 8 and by personal service or pre-
paid first class mail,
(a) to every person and agency that has given the clerk of the
municipality a written request for notice of the passing of
the by-law and has provided a return address;
(b) in the case of a by-law passed by the council of an area
municipality, to the clerk of the upper tier municipality in
which the area municipality is located;
(c) in the case of a by-law passed by the council of an upper tier
municipality, to the clerks of the area municipalities; and
(d) to the secretary of every school board having jurisdiction
within the area to which the by-law applies. O. Reg.
725/89, s. 9.
10.— (1) A municipality that has a development charge by-law in
force shall prepare a pamphlet setting out,
(a) a description of the general purpose for which the develop-
ment charge is being imposed;
(b) the schedule of development charges established under the
by-law; and
(c) the services for which the development charge is being
imposed.
(2) A municipality shall prepare a revised pamphlet if the devel-
opment charge by-law is amended or a new by-law comes into force.
(3) A municipality shall prepare the pamphlet referred to in sub-
section (1) or (2),
(a) if the by-law or the amendment to the by-law is not
appealed under subsection 4 (4) of the Act, within sixty
days of the day the by-law or amendment to the by-law
comes into force;
(b) if the by-law or the amendment to the by-law is appealed
and the appeal is dismissed, within sixty days of the date of
dismissal;
(c) if the by-law or the amendment to the by-law is appealed
and the council is ordered to amend the by-law, within sixty
days of the date the municipality passes the amended by-
law; or
(d) if the by-law or amendment to the by-law is appealed and
the Board amends the by-law, within sixty days of the date
of the order of the Board.
(4) The clerk shall provide one copy of the pamphlet to any per-
son, without charge, upon request.
(5) On or before the 1st day of March in each year, the clerk shall
provide to the Minister of Municipal Affairs a copy of the pamphlet
setting out the development charges in effect on the 31st day of
December in the previous year.
(6) The clerk may provide additional copies of the pamphlet to
any person upon payment of a fee to cover the cost of printing the
additional copies.
(7) Any person may make copies of the pamphlet and distribute
the copies to other persons. O. Reg. 725/89, s. 10.
11.— (1) A credit given under subsection 13 (1) of the Act shall
not exceed the total development charge payable by an owner to the
municipality.
(2) The reasonable cost to the owner of providing the services
under subsection 13 (2) of the Act is the cost of providing the ser-
vices In accordance with the standards described in section 3.
O. Reg. 725/89, s. 11.
12. The statement under section 17 of the Act shall contain the
following information in respect of each service for which the devel-
opment charge is being imposed:
1 . The balance as of the 1 st day of January.
2. The distribution of the development charge proceeds
received during the year.
3. The amount transferred to the capital fund.
4. The development charge amounts refunded or allocated to
other services.
5. The apportionment of accrued interest.
6. The closing balance as of the 3 1st day of December.
7. An addendum indicating for each project the intended
application of the amount transferred to the capital fund.
O. Reg. 725/89, s. 12.
13.— (1) A municipality shall pay interest on a refund under sub-
section 5 (3), (5) or 8 (14) of the Act at a rate not less than the Bank
of Canada rate on the date the development charge by-law comes
into force.
(2) Despite subsection (1), the municipality may adjust the inter-
est rate on the first business day of January, April, July and October
in each year to a rate not less than the rate established by the Bank of
Canada on that date.
(3) A municipality that makes an adjustment under subsection
(2) is required to continue making adjustments on the dates and at
the rate set out in that subsection. O. Reg. 725/89, s. 13.
294
Reg./Règl. 267
REDEVANCES D'EXPLOITATION
Reg./Règl. 268
Form 1
Development Charges Act
Notice of the passing of a development charges by-law by the
corporation of the
OF
Take Notice that the Council of the
(name of municipal corporation)
passed By-law on the day of
, 19 under section 4 of the Deve/op/nenrC/ia^ejy4cr.
And Take Notice that any person or agency may appeal to the
Ontario Municipal Board in respect of the by-law by filing with the
Clerk of the
(name of the municipal corporation)
not later than the day of ,
19 a notice of appeal setting out the objection to the by-law and
the reasons in support of the objection.
An explanation of the development charges imposed under the by-
law, a description of the lands to which the by-law applies and a key
map showing the location of the lands to which the by-law applies
(or, alternatively, an explanation as to why a key map is not pro-
vided) are attached. The complete by-law is available for inspection
in my office during regular office hours.
Dated at the of
this.
. day of .
.,19..
Qerkofthe of
O. Reg. 725/89, Form 1.
REGULATION 268
EDUCATION DEVELOPMENT CHARGES
Definitions
1. In this Regulation,
"bank" means a bank listed in Schedule I to the Bank Act (Canada)
or a trust corporation registered under the Loan and Trust Corpo-
rations Act;
"construction cost" means the construction cost of providing pupil
accommodation, approved by the Minister of Education, for the
purposes of payment of a legislative grant under subsection 1 1 (3)
of the Education Act;
"cost of site purchase", in respect of a site acquired or proposed to
be acquired by a board for the purpose of a project that provides
pupil accommodation, means the cost approved by the Minister of
Education, for the purposes of payment of a legislative grant
under subsection 11 {Z) otitis Education Act;
"declared value" means the cost on which the building permit fee is
calculated;
"elementary rate of grant" means the percentage of the construction
cost of an elementary school project or of the cost of site purchase
of an elementary school project that may be financed by a legisla-
tive grant under subsection 11 (3) of the Education Act;
"elementary yield factor" means a board's per unit estimate of the
number of elementary school pupils generated from net new units;
"grade" means the average level of finished ground adjoining a
dwelling unit at all exterior walls;
"gross floor area" means the total area of all floors above grade of a
dwelling unit measured between the outside surfaces of exterior
walls or between the outside surfaces of exterior walls and the cen-
tre line of party walls that divide the dwelling unit from another
dwelling unit or other portion of a building;
"local share" means the portion of the cost of a project approved by
the Minister of Education for the purposes of payment of a legisla-
tive grant under subsection 11 (3) of the Education Act that may
be financed by money collected under an education development
charge;
"net new units" means the total number of dwelling units on land
subject to an education development charge for which building
permits will be issued during the term of the education develop-
ment charge by-law imposing the education development charge;
"project" means a plan for school facilities that represents an educa-
tion capital cost and that is approved by the Minister of Education;
"secondary rate of grant" means the percentage of the construction
cost of a secondary school project or of the cost of site purchase of
a secondary school project that may be financed by a legislative
grant under subsection 11 (3) ottht Education Act;
"secondary yield factor" means a board's per unit estimate of the
number of secondary school pupils generated from net new units;
"semi-detached or row dwelling" means a residential building that
consists of one dwelling unit that has one or two vertical walls but
no other parts attached to another structure;
"single detached dwelling" means a residential building consisting of
one dwelling unit and not attached to another structure;
"treasurer" means the treasurer of a board or, in the case of the pub-
lic sector or the Roman Catholic sector of The Ottawa-Carleton
French-language School Board, the treasurer of The Ottawa-
Carleton French-language School Board. O. Reg. 722/89, s. 1.
Preliminary Approval
2. A board shall refer its plans for school facilities that represent
an education capital cost to the Minister of Education for approval.
O. Reg. 722/89, s. 2.
Education Development Charge on Residential Development
3. A board shall calculate the amount of an education develop-
ment charge on residential development according to the following
procedures, that shall be applied in order beginning with paragraph
1:
1. For each year that the education development charge by-
law imposing the education development charge is in force,
estimate the number of new dwelling units on land subject
to the education development charge.
2. Determine the elementary yield factor or secondary yield
factor, or both, as the case requires, or determine the ele-
mentary yield factor or secondary yield factor, or both, for
295
Reg./Règl. 268
DEVELOPMENT CHARGES
Reg./Règl. 268
each type of dwelling unit distinguished by the board and
represented in the net new units.
3. Multiply the net new units for each year by the elementary
yield factor or, if the board has distinguished between types
of dwelling units in arriving at its elementary yield factor,
multiply the net new units of each type of dwelling unit rep-
resented in the net new units for each year by the appropri-
ate elementary yield factor.
4. Multiply the net new units for each year by the secondary
yield factor or, if the board has distinguished between types
of dwelling units in arriving at its secondary yield factor,
multiply the net new units of each type of dwelling unit rep-
resented in the net new units for each year by the appropri-
ate secondary yield factor.
5. Add the products obtained under paragraph 3 to obtain the
total number of estimated growth-related new elementary
school pupils.
6. Add the products obtained under paragraph 4 to obtain the
total number of estimated growth-related new secondary
school pupils.
7. Determine the number of elementary school projects
required to serve the estimated growth-related new elemen-
tary school pupils determined under paragraph 5.
8. Determine the number of secondary school projects
required to serve the estimated growth-related new second-
ary school pupils determined under paragraph 6.
9. Determine the cost of site purchase and the construction
cost for each project determined under paragraphs 7 and 8.
10. Add the cost of site purchases for the elementary school
projects determined under paragraph 7 to the construction
cost for the elementary school projects to obtain the
growth-related capital cost elementary.
11. Add the cost of site purchases for the secondary school
projects determined under paragraph 8 to the construction
cost for the secondary school projects to obtain the growth-
related capital cost secondary.
12. Multiply the growth-related education capital cost elemen-
tary by the elementary rate of grant.
13. Multiply the growth-related education capital cost second-
ary by the secondary rate of grant.
14. Add the products obtained under paragraphs 12 and 13.
15. Add the growth-related education capital cost elementary
to the growth-related education capital cost secondary.
16. Subtract the sum obtained under paragraph 14 from the
sum obtained under paragraph 15 to obtain the growth-re-
lated net education capital cost.
17. If less than 100 per cent of the growth-related net education
capital cost is to be financed by education development
charges, determine the portion thereof that will be so
financed.
18. Subtract the commercial contribution determined under
paragraph 2 of section 4 from the growth-related net educa-
tion capital cost determined under paragraph 16, or the por-
tion thereof determined under paragraph 17, as the case
requires.
19. Subtract the amount of any local share that forms part of
the adjusted growth-related net education capital cost
determined under a prior education development charge
by-law and remaining in an education development charges
account referred to in subsection 5 (2) at the expiration of
the term of the prior by-law from the balance in the account
at the expiration of the term of the prior by-law.
20. Subtract the difference obtained under paragraph 19 from
the difference obtained under paragraph 18 to obtain the
adjusted growth-related net education capital cost.
21. Divide the adjusted growth-related net education capital
cost by the net new units to obtain the amount of the educa-
tion development charge on residential development.
O. Reg. 722/89, s. 3.
Education Development Charge on Commercial Deveix)PMEnt
4. A board shall calculate the amount of an education develop-
ment charge on commercial development, expressed as a percentage
of the declared value, according to the following procedures, that
shall be applied in order beginning with paragraph 1:
1. Establish a percentage that is greater than zero but does not
exceed 40 per cent, that represents the portion of the
growth-related net education capital cost determined under
paragraph 16 of section 3, or the portion thereof deter-
mined under paragraph 17 of section 3, as the case requires,
to be financed by the education development charge on
commercial development.
2. Multiply the percentage determined under paragraph 1 by
the growth-related net education capital cost determined
under paragraph 16 of section 3, or the portion thereof
determined under paragraph 17 of section 3, as the case
requires, to determine the amount of commercial contribu-
tion.
3. Divide the amount of commercial contribution by the esti-
mated declared value of all building permits to be issued
during the term of the education development charge by-
law imposing the charge in respect of commercial develop-
ment on land subject to the education development charge
imposed by the by-law.
4. Multiply the quotient obtained under paragraph 3 by 100 to
obtain the amount of the education development charge on
commercial development expressed as a percentage of the
declared value. O. Reg. 722/89, s. 4.
Education Development Charges Accounts
5.— (1) A board that passes an education development charge by-
law shall establish two interest-bearing education development
charges accounts.
(2) One interest-bearing education development charges account
shall be for the deposit of money received under the education devel-
opment charge imposed by the by-law on residential development.
(3) The other interest-bearing education development charges
account shall be for the deposit of money received under the educa-
tion development charge imposed by the by-law on commercial
development.
(4) If land is within an area in which a second or subsequent edu-
cation development charge is imposed, each board that passed an
education development charge by-law imposing education develop-
ment charges on the land shall establish with the other board or
boards two interest-bearing joint education development charges
accounts in accordance with subsections (2) and (3).
(5) Except as provided in the Act and this Regulation, and except
for bank service charges, money shall not be withdrawn from an edu-
cation development charges account.
(6) Money may be withdrawn from an education development
2%
Reg./Règl. 268
REDEVANCES D'EXPLOITATION
Reg./Règl. 268
charges account established under subsection (4) only on the signa-
tures of the treasurers of the boards on whose accounts the money is
deposited.
(7) If a project is approved by the Minister of Education for the
purposes of payment of a legislative grant under subsection 11 (3) of
the Education Act, a board may withdraw from its education devel-
opment charges accounts an amount up to or equal to the local share
of the project for the purpose of applying the amount to the local
share of the project. O. Reg. 722/89, s. 5.
6.— (1) Money may be withdrawn from an education development
charges account for the purpose of permitting a board to invest in
such investments as a board is authorized to make under subsection
171 (I) oi the Education Act.
(2) Money held in a joint education development charges account
may only be withdrawn under subsection (1) if the investments made
are held jointly by the boards in whose names the account is held.
O. Reg. 722/89, s. 6.
7. Each treasurer shall, on or before the 31st day of March in
each year, provide to his or her board and to the Minister of Educa-
tion a statement for each education development charges account
referred to in section 5 that includes,
(a) the balance in the account as of the 1st day of January of
the preceding year;
(b) a record that shows the date, amount and source of funds
deposited in the account;
(c) a record that shows the date, amount and purpose of funds
withdrawn from the account;
(d) bank charges with respect to the account;
(e) interest accrued on the account; and
(f) the balance in the account as of the 31st day of December of
the preceding year. O. Reg. 722/89, s. 7.
8. The amount that may be withdrawn from its education devel-
opment charges accounts for the deposit of money collected under an
education development charge on commercial development shall not
exceed the amount of commercial contribution determined under
paragraph 2 of section 4. O. Reg. 722/89, s. 8.
Housing iNTENSincAXiON Exemption
9.— (1) Subject to subsections (2) and (3), an education develop-
ment charge by-law shall not impose an education development
charge with respect to the creation of,
(a) one or two additional dwelling units in an existing single
detached dwelling; or
(b) one additional dwelling unit in any other existing residential
building.
(2) An education development charge may be imposed under cir-
cumstances described in clause (1) (a) if the total gross floor area of
the additional dwelling unit or two additional dwelling units exceeds
the gross floor area of the existing single detached dwelling.
(3) An education development charge may be imposed under cir-
cumstances described in clause (1) (b) if the additional dwelling unit
has a gross floor area greater than,
(a) in the case of a semi-detached or row dwelling, the gross
floor area of the existing dwelling unit; or
(b) in the case of any other residential building, the gross floor
area of the smallest dwelling unit contained in the residen-
tial building. O. Reg. 722/89, s. 9.
Inflation Index
10. For purposes of subsection 30 (4) of the Act, the following
indices are prescribed:
1. The Composite Southam Construction Cost Index (Ontario
Series).
2. The Engineering News Record Cost Indices in 22 cities as
published in the Engineering News Record.
3. Statistics Canada quarterly. Construction Price Statistics,
catalogue number 62-007. O. Reg. 722/89, s. 10.
Notice
11. Notice of a public meeting under clause 31 (1) (b) of the Act
shall be given by personal service on, or by prepaid first class mail to,
the clerk of each municipality in the area of jurisdiction of the board,
and,
(a) by personal service or prepaid first class mail to every
owner of land on which the proposed education develop-
ment charge by-law would impose an education develop-
ment charge, at the address shown on the last returned
assessment roll or, if the clerk of the municipality or of the
board, as the case may be, has received written notice of a
subsequent change of address, at such address; or
(b) by publication in one or more newspapers that are of suffi-
cient general circulation in the area of jurisdiction of the
board to give the public reasonable notice of the meeting.
O. Reg. 722/89, s. 11.
12.— (1) A notice under subsection 31 (3) of the Act shall be in
Form 1.
(2) A notice under subsection 31 (3) of the Act shall be given to
the same persons and in the same manner as described in section 11,
and by personal service on, or by prepaid first class mail to, every
person who has given the secretary of the board a written request for
notice of the passing of an education development charge by-law.
(3) Despite subsection (2), notice need not be given to a person
who has requested notice of the passing of an education development
charge by-law if the person has not given his or her address to the
secretary of the board at the time that the request was made.
O. Reg. 722/89, s. 12.
Interest
13. For the purposes of section 42 of the Act, interest shall be
paid from the date of payment of the money being refunded at the
Bank of Canada rate on the date the education development charge
by-law comes into force, as adjusted on the first business days of Jan-
uary, April, July and October in each year. O. Reg. 722/89, s. 13.
Monthly Statement from Municipalities
14. The following information is prescribed for the purpose of
subsection 37 (5) of the Act:
1 . The number of building permits issued in respect of residen-
tial development on land subject to an education develop-
ment charge of the board, or the number of building per-
mits issued in respect of residential development on land
subject to an education development charge of the board
for each type of dwelling unit distinguished by the board.
2. The location of lands to which the building permits
described in paragraph 1 pertained.
3. The amount of money collected in payment of education
development charges of the board on residential develop-
ment.
297
Reg./Règl. 268
DEVELOPMENT CHARGES
Reg./Règl. 268
4. The number of building permits issued to owners exempted
from an education development charge of the board under
section 9.
5. The number of building permits issued in respect of com-
mercial development on land subject to an education devel-
opment charge of the board.
6. The total declared value represented by the building per-
mits described in paragraph 5.
7. The amount of money collected in payment of education
development charges of the board on commercial
development. O. Reg. 722/89, s. 14.
Exempt Owners
IS. A board shall exempt an owner from an education develop-
ment charge on residential development imposed in respect of the
creation of a dwelling unit if the owner meets the following condi-
tions:
1. Application in Form 2 is made for the exemption within
sixty days after the education development charge by-law
that imposes the education development charge comes into
force.
2. The dwelling unit is the subject of a subsisting agreement of
purchase and sale that the vendor and purchaser intend to
complete and that was signed on or before the 12th day of
December, 1988 by the vendor and the purchaser.
3. In entering into the agreement mentioned in paragraph 2,
the vendor did not contravene subsection 52 (1) of the
PlanningAct.
4. A copy of the agreement mentioned in paragraph 2 is
attached to the application for the exemption.
5. No person has been exempted under this section in respect
of a dwelling unit that the purchaser under the agreement
mentioned in paragraph 2 has purchased or agreed to
purchase. O. Reg. 242/90, s. 1.
Form 1
And Take Notice that any person or organization may appeal to
the Ontario Municipal Board in respect of the by-law by filing with
the Secretary of the
(name of school board)
not later than the day of ,
19 a notice of appeal setting out the objection to the by-law and
the reasons in support of the objection.
An explanation of the development charges imposed under the by-
law, a description of the lands to which the by-law applies and a key
map showing the location of the lands to which the by-law applies
(or, alternatively, an explanation as to why a key map is not pro-
vided) are attached. The complete by-law is available for inspection
in my office during regular office hours.
Dated at the of
this.
. day of .
19..
Secretary of the
O. Reg. 722/89, Form 1.
Form 2
To
Education Development Charge Exemption
Application
(School Board)
In The Matter Of of an education development charge against the
land described as follows:
Development Charges Act
NOTICE OF THE PASSING OF AN EDUCATION DEVELOP-
MENT CHARGE BY-LAW BY THE
(name of school board)
Take Notice that
the
I apply for exemption under section 15 of Regulation 268 of Revised
Regulations of Ontario, 1990 (Education Development Charges)
from an education development charge on residential development
imposed on the lands described above. I meet the conditions set out
in that section.
A copy of the agreement of purchase and sale supporting this appli-
cation is attached.
(name of school board)
passed by-law on the day of
, 19 under section 30 of the Development Charges
Act.
(Applicant)
(School Board)
(Date)
(Date)
O. Reg. 242/90, s. 2.
2<)8
Reg./Règl. 269
Reg./Règl. 269
Development Corporations Act
Loi sur les sociétés de développement
REGULATION 269
INNOVATION ONTARIO CORPORATION
1.— (1) In this Regulation, "Corporation" means the Innovation
Ontario Corporation continued under subsection (2).
(2) The Innovation Ontario Corporation is continued on behalf
of Her Majesty in right of Ontario as a corporation without share
capital with the following objects:
1. To encourage and assist in the acquisition, development
and demonstration of technological products, processes and
services in Ontario, including, without limiting the general-
ity of the foregoing, the provision of financial assistance and
incentives, subject to subsection (4), by way of loans, guar-
antees or the purchase of shares or other securities.
2. To provide financial, technical, managerial and marketing
expertise.
3. To encourage commercial development of research activity
based in Ontario.
4. To assist the development of enterprises so as to encourage
investment in them by venture capitalists and institutional
and other investors.
5. To provide technical and market information to facilitate
innovation and technology transfers.
6. To assist Ontario-based enterprises to acquire, through
license or joint venture agreements or otherwise, access to
foreign technology for the purpose of commercially devel-
oping products, processes and services in Ontario.
7. To assist Ontario-based suppliers of technological products
and services to meet long-term procurement requirements
of governments and public sector agencies and institutions.
(3) For the purpose of carrying out its objects, and subject to the
Act and this Regulation, the Corporation has the capacity and pow-
ers of a natural person. O. Reg. 550/86, s. 1 (1-3).
(4) The Corporation shall not provide financial assistance in an
amount greater than $350,000, including a guarantee for a loan
greater than $350,000, without the prior approval of the Lieutenant
Governor in Council. O. Reg. 512/90, s. 1.
(5) A guarantee of the Corporation is not valid unless it is exe-
cuted under corporate seal of the Corporation and signed by the
Treasurer of Ontario. O. Reg. 550/86, s. 1 (5).
2.— (1) The Corporation shall have a board of directors consisting
of not fewer than nine and not more than fifteen members to be
appointed by the Lieutenant Governor in Council for a term of not
more than three years, among whom one shall be a director of the
Ontario Development Corporation, one shall be a director of the
Northern Ontario Development Corporation, and one shall be a
director of the Eastern Ontario Development Corporation.
(2) The Lieutenant Governor in Council shall designate one of
the directors as chair and one of the directors as vice-chair.
(3) The Corporation may pay to those of its directors who are not
public servants of Ontario such remuneration and allowances as may
be fixed by the Lieutenant Governor in Council.
(4) At the first meeting of the board of directors, and until other-
wise provided for by by-law, a quorum shall be a majority of the
directors appointed and, thereafter, a quorum shall be the number of
directors that the board designates by by-law.
(5) The board may make by-laws regulating its proceedings and
generally for the conduct and management of the affairs of the Cor-
poration.
(6) The chair shall preside at all meetings of the board and, in the
chair's absence or if the office of chair is vacant, the vice-chair has all
the powers and shall perform all the duties of the chair. O. Reg.
550/86, s. 2.
3. The chief executive officer of the Corporation shall be the per-
son appointed by the Lieutenant Governor in Council as chief execu-
tive officer of the Development Corporations under section 9 of the
Act. O. Reg. 550/86, s. 3.
4.— (1) The fiscal year of the Corporation shall commence on the
1st day of April in each year and end on the 31st day of March in the
following year.
(2) Section 132 of the Business Corporations Act applies with nec-
essary modifications to the Corporation.
(3) The Corporations Act does not apply to the Corporation.
O. Reg. 550/86, s. 4.
5. The affairs of the Corporation shall be managed and super-
vised by its board, but the board shall comply with any directions
respecting the policies of the Government of Ontario on technology
and innovation given to it from time to time in writing by the
Minister. O. Reg. 550/86, s. 5.
6. No member, officer or employee of the Corporation, or other
person acting on behalf of the Corporation, is personally liable for
anything done or omitted in good faith in the exercise or purported
exercise of the powers conferred by this Regulation. O. Reg.
550/86, s. 6.
7.— (1) No act of the Corporation, including any transfer of prop-
erty to or by the Corporation, is invalid by reason only that the act is
not authorized by this Regulation.
(2) No person is deemed to have notice of the contents of a docu-
ment concerning the Corporation by reason only that the document
is available to the public.
(3) The Corporation or a guarantor of an obligation of the Cor-
poration may not assert against a person dealing with the Corpora-
tion or with a person who has acquired rights from the Corporation
that,
(a) this Regulation, an order in council, a direction of the Min-
ister, the policies of the Government of Ontario or the by-
laws of the Corporation have not been complied with;
(b) a person held out by the Corporation as a director, an offi-
cer or an agent of the Corporation has not been duly
appointed or has no authority to exercise the powers and
perform the duties that are the customary business of the
Corporation or usual for such director, officer or agent; or
299
Reg./Règl. 269
DEVELOPMENT CORPORATIONS
Reg./Règl. 270
(c) a document issued by a director, officer or agent of the Cor-
poration with actual or apparent authority to issue the doc-
ument is not valid or not genuine,
except where the person has or ought to have, by virtue of a position
with or relationship to the Corporation, knowledge to that effect.
O. Reg. 550/86, s. 7
8. The Lieutenant Governor in Council may authorize the Corpo-
ration to act as agent for the Province of Ontario in respect of pro-
grams, projects or matters undertaken or carried out by the Province
for the advancement of technology in Ontario. O. Reg. 550/86,
s. 8.
9.— (1) Such employees may be appointed under the Public Ser-
vice Act as are considered necessary for the proper conduct of the
business of the Corporation.
(2) The Corporation may engage persons other than those
appointed under subsection (1) to provide professional, technical or
other assistance to or on behalf of the Corporation, and may pre-
scribe the duties and other terms of engagement and provide for pay-
ment of the remuneration and expenses of such persons. O. Reg.
550/86, s. 10.
10.— (1) The money required for the purpose of defraying the
administrative expenses of the Corporation shall be paid out of the
money appropriated by the Legislature for the purpose.
(2) The money required for the purposes of subsection 1 (2) shall
be paid out of the money appropriated therefor by the Legislature.
(3) All money received by the Corporation shall be deposited in
one or more accounts of the Corporation in the Province of Ontario
Savings Office, one or more banks listed in Schedule I or II to the
Bank Act (Canada), one or more trust corporations registered under
the Loan and Trust Corporations Act, and the money shall be
applied solely in carrying out the objects of the Corporation.
(4) All or part of the money deposited in an account referred to
in subsection (3) shall, on the order of the Lieutenant Governor in
Council, be paid into and form part of the Consolidated Revenue
Fund. O. Reg. 550/86, s. 11.
11. The accounts and financial transactions of the Corporation
shall be audited annually by the Provincial Auditor and reports of
the audit shall be made to the Corporation and to the Minister.
O. Reg. 550/86, s. 12.
12.— (1) The Corporation shall make an annual report to the Min-
ister of all financial assistance and incentives provided under subsec-
tion 1 (2) together with the names and addresses of the persons to
whom the assistance or incentives are given, 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 session.
(2) The Corporation shall, in addition to making an annual report
under subsection (1), make such other reports of its affairs and oper-
ations to the Minister as the Minister may require. O. Reg. 550/86,
s. 13.
13.— (1) The Corporation shall terminate on the 30th day of June,
1991 or on such other day thereafter as the Lieutenant Governor in
Council may designate.
(2) On termination, the Corporation shall be wound up and its
assets shall, at the direction of the Minister, be.
(a)
liquidated or sold as a going concern and the proceeds paid
into the Consolidated Revenue Fund:
(b) transferred to Her Majesty in right of Ontario or to an
agency of the Crown. O. Reg. 550/86, s. 14.
REGULATION 270
THE ONTARIO FILM DEVELOPMENT
CORPORATION
1.— (1) Under section 5 of the Act, The Ontario Film Develop-
ment Corporation is constituted on behalf of Her Majesty in right of
Ontario as a corporation without share capital is continued with the
following objects, powers and duties:
1. To create and stimulate employment and investment in
Ontario by developing and promoting resident Ontario
companies and projects producing, distributing and market-
ing film, television, video works and related products cre-
ated by Canadians, including, without limiting the general-
ity of the foregoing,
i. the provision of services to co-ordinate, facilitate
and stimulate the public and private sector with
respect to the creation, development, production,
distribution and sale of film, television, video works
and related products,
ii. the entering into of joint venture agreements with,
or acquiring an equity interest in, private sector cor-
porations with respect to the creation, development,
distribution and marketing of film, television, video
works and related products,
iii. the acquisition, preservation, reproduction, exhibi-
tion and lending of film, television, video works and
related products and the maintenance of a film, tele-
vision and video library,
iv. the provision of financial assistance by way of loan,
guarantee or grant to a person carrying on a film,
television or video undertaking in Ontario, and
v. the taking of security by way of mortgage, charge,
hypothecation or assignment of or on any real or
personal property.
2. To assist in the cost of feasibility studies, proposals, bid pre-
sentations, market development costs and matters related
thereto.
3. To enter into agreements to create, develop, distribute and
market film, television, video works and related products
with the Government of Canada or an agency thereof or the
government of one or more provinces or any agency
thereof.
4. To structure, promote, exhibit, distribute, market and
finalize transactions of maximum benefit to the ministries,
boards, agencies and commissions of the Government of
Ontario as well as the private sector in fields such as film,
television and video production.
5. To do all things that are incidental or conducive to the
attainment of its objects, the exercise of its powers and the
performance of its duties.
(2) No guarantee of The Ontario Film Development Corporation
is valid unless signed by the Treasurer of Ontario and executed under
the seal of the Corporation. O. Reg. 37/86, s. 1.
2. The Ontario Film Development Corporation shall consist of
not fewer than seven and not more than fifteen members appointed
by the Lieutenant Governor in Council. O. Reg. 37/86, s. 2.
3. The fiscal year of The Ontario Film Development Corporation
shall commence on the 1st day of April in each year and end on the
31st day of March in the following year. O. Reg. 37/86, s. 3.
4.— (1) The members of The Ontario Film Development Corpo-
300
Reg./Règl. 270
SOCIETES DE DEVELOPPEMENT
Reg./Règl. 271
ration form and are its board of directors and the Lieutenant Gover-
nor in Council shall designate one of them as chair and one of them
as vice-chair. O. Reg. 678/87, s. 1 (1).
(2) The chair shall be paid such salary as the Lieutenant Gover-
nor in Council determines. O. Reg. 37/86, s. 4 (2).
(3) In the absence of the chair for any prolonged period, the
Lieutenant Governor in Council may designate a member of The
Ontario Film Development Corporation as acting chair to be paid
such remuneration as the Lieutenant Governor in Council
determines. O. Reg. 678/87, s. 1 (2).
5. A member may be appointed for a term not exceeding three
years and is eligible for reappointment. O. Reg. 82/89, s. 1.
6. The Ontario Film Development Corporation may pay those of
its members who are not 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. O. Reg. 37/86, s. 6.
7.— (1) The affairs of The Ontario Film Development Corpora-
tion are under the management and control of the board of directors
and the chair shall preside at all meetings of the board of directors.
(2) A majority of the board of directors constitutes a quorum.
O. Reg. 37/86, s. 7.
8. The board of directors shall meet at least four times in each
year. O. Reg. 37/86, s. 8.
9. The board of directors may from its membership establish by
by-law committees of the board and may delegate to the committees
such powers and duties of the board as it may determine. O. Reg.
37/86, s. 9.
10. The board of directors may, subject to the approval of the
Minister of Culture and Communications, make by-laws regulating
its proceedings and generally for the conduct and management of the
affairs of The Ontario Film Development Corporation. O. Reg.
37/86, s. 10.
11. Section 132 of the Business Corporations Act applies to The
Ontario Film Development Corporation. O. Reg. 37/86, s. 1 1.
12. The Corporations Act does not apply to The Ontario Film
Development Corporation. O. Reg. 37/86, s. 12.
16. No member, officer or employee of a corporation, or other
person, acting on behalf of The Ontario Film Development Corpora-
tion, is personally liable for anything done or omitted in good faith in
the exercise or purported exercise of the powers conferred by this
Regulation. O. Reg. 37/86, s. 15.
17.— (1) The Ontario Film Development Corporation shall main-
tain in its own name one or more accounts in the Province of Ontario
Savings Office or in one or more banks listed in Schedule I or II to
the Bank Act (Canada) or in one or more trust corporations regis-
tered under the Loan and Trust Corporations Act.
(2) All money received by The Ontario Film Development Cor-
poration shall be deposited to the credit of accounts established
under subsection (1) and shall be applied solely in promoting and
carrying out the objects of The Ontario Film Development Corpora-
tion.
(3) All or part of the money deposited in an account established
under subsection (1) shall, on the order of the Lieutenant Governor
in Council, be paid into and form part of the Consolidated Revenue
Fund. O. Reg. 37/86, s. 16.
18. The accounts and financial transactions of The Ontario Film
Development Corporation shall be audited annually by the Provin-
cial Auditor and reports of the audit shall be made to The Ontario
Film Development Corporation and to the Minister of Culture and
Communications. O. Reg. 37/86, s. 17.
19. The Ontario Film Development Corporation shall make a
report annually to the Minister of Culture and Communications on
the affairs of The Ontario Film Development Corporation and the
Minister of Culture and Communications 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 session.
O. Reg. 37/86, s. 18.
20. The Ontario Film Development Corporation shall, in addi-
tion to making an annual report under section 18, make to the Minis-
ter of Culture and Communications such other reports of its affairs
and operations as the Minister requires. O. Reg. 37/86, s. 19.
REGULATION 271
ONTARIO INTERNATIONAL CORPORATION
13.— (1) The Lieutenant Governor in Council shall appoint the
chief executive officer of The Ontario Film Development Corpora-
tion.
(2) In the absence of the chief executive officer for a prolonged
period, the Lieutenant Governor in Council may appoint an acting
chief executive officer.
(3) A chief executive officer or the acting chief executive officer
who is not an employee in the public service of Ontario or a director
of The Ontario Film Development Corporation shall be paid such
remuneration as may be fixed by the Lieutenant Governor in
Council. O. Reg. 678/87, s. 2.
14. Such employees may be appointed under the Public Service
Act as are considered necessary for the proper conduct of the busi-
ness of The Ontario Film Development Corporation. O. Reg.
37/86, s. 13.
15. In accordance with government policy. The Ontario Film
Development Corporation may engage persons other than those
appointed under section 14 to provide professional, technical or
other assistance to or on behalf of The Ontario Film Development
Corporation, and may prescribe their duties and other terms of
engagement and provide for payment of the remuneration and
expensesof such persons. O. Reg. 37/86, s. 14.
1. The Ontario International Corporation, constituted on behalf
of Her Majesty in right of Ontario under section 5 of the Act, is con-
tinued as a corporation without share capital with the following
objects, powers and duties:
1. To create and stimulate employment and investment in
Ontario by developing and promoting the export of Ontario
goods and services on a competitive basis in domestic and
international markets, including, without limiting the gen-
erality of the foregoing,
i. the provision of services to co-ordinate the export of
Ontario oriented products and services by the public
and private sectors, and
ii. the provision of financial assistance, by way of loan
or guarantee, to persons carrying on industrial
undertakings in Ontario.
2. Subject to the approval of the Lieutenant Governor in
Council, to lend money or guarantee a loan made by a
lender approved by the Ontario International Corporation,
and to assist in the cost of feasibility studies, proposals, bid
presentations, market development costs, and matters
related thereto and to forgive repayment of such loans in
whole or in part.
301
Reg./Règl. 271
DEVELOPMENT CORPORATIONS
Reg./Règl. 271
3. To structure, promote, market and finalize export transac-
tions of maximum benefit to the Ministries and boards,
agencies and commissions of the Government of Ontario as
well as the private sector in fields such as energy, environ-
ment, health, education, agricultural resources, transporta-
tion and manufacturing.
4. To continue the business and undertaking of the Ontario
Educational Services Corporation and in connection there-
with to acquire all its assets and assume all its obligations.
5. To study, promote and assist in the growth, efficiency and
improvement of Ontario's educational and training
resources for use in the international marketplace.
6. To carry on in domestic and international markets the busi-
ness of providing educational and training services to the
private and public sectors.
7. To enter into contracts and operate bank accounts as may
be required to carry out its objects, exercise its powers and
perform its duties.
8. To do all things that are incidental or conducive to the
attainment of its objects, the exercise of its powers and the
performance of its duties. O. Reg. 113/84, s. \,part.
2. The Ontario International Corporation shall consist of ten
members,
(a) six of whom shall be appointed by the Lieutenant Governor
in Council on the recommendation of the Minister of Indus-
try and Trade; and
(b) four of whom shall be appointed by the Lieutenant Gover-
nor in Council on the recommendation of the Minister of
Education. O. Reg. 113/84, s. I, pan.
3. The members of the Ontario International Corporation shall
form and be its board of directors and the Lieutenant Governor in
Council shall designate one of the members appointed under clause
2 (a) as chair. O. Reg. 113/84, s. I, part.
4. The Ontario International Corporation shall have a seal that
shall be adopted by by-law and may be altered or changed by by-law.
R.R.O. 1980, Reg. 241, s. 4.
5. The fiscal year of the Ontario International Corporation shall
commence on the 1st day of April in each year and end on the 31st
day of March in the following year. R.R.O. 1980, Reg. 241, s. 5.
6. The Corporations Act and the Corporations Information Act
do not apply to the Ontario International Corporation. R.R.O.
1980, Reg. 241, s. 6.
7. The Ontario International Corporation may pay those of its
members who are not 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. R.R.O. 1980, Reg. 241,
s. 7.
8. A majority of the members of the Ontario International Cor-
poration constitutes a quorum at meetings of the board of directors.
R.R.O. 1980, Reg. 241, s. 8.
9. The board of directors may make by-laws regulating its pro-
ceedings and generally for the conduct and management of the
affairs of the Ontario International Corporation. R.R.O. 1980,
Reg. 241, s. 9.
10. The affairs of the Ontario International Corporation are
under the management and control of the board of directors and the
chair shall preside at all meetings of the board of directors. R.R.O.
1980, Reg. 241, s. 10.
11. In exercising its powers the Ontario International Corpora-
tion shall comply with any directions from time to time given to it in
writing by the Lieutenant Governor in Council expressing the policy
of the Government of Ontario. R.R.O. 1980, Reg. 241, s. 11.
12. Such employees may be appointed under the Public Service
Act as are considered necessary from time to time for the proper con-
duct of the business of the Ontario International Corporation.
R.R.O. 1980, Reg. 241, s. 12.
13. In accordance with government policy, the Ontario Interna-
tional Corporation may engage persons other than those appointed
under section 12 to provide professional, technical or other assis-
tance to or on behalf of the Ontario International Corporation, and
may prescribe their duties and other terms of engagement and pro-
vide for payment of the remuneration and expenses of such persons.
R.R.O. 1980, Reg. 241, s. 13.
14. No member, officer or employee of a corporation, or other
person acting on behalf of the Ontario International Corporation, is
personally liable for anything done or omitted in good faith in the
exercise or purported exercise of the powers conferred by this
Regulation. R.R.O. 1980, Reg. 241, s. 14.
15. The accounts and financial transactions of the Ontario Inter-
national Corporation shall be audited annually by the Provincial
Auditor and reports of the audit shall be made to the Ontario Inter-
national Corporation and to the Minister. R.R.O. 1980, Reg. 241,
s. 15.
16. The Ontario International Corporation shall make a report
annually to the Minister on the affairs of the Ontario International
Corporation, and the Minister shall submit the report to the Lieuten-
ant Governor in Council and shall then lay the report before the
Assembly if it is in session or, if not, at the next session. R.R.O.
1980, Reg. 241, s. 16.
17. The Ontario International Corporation shall, in addition to
making an annual report under section 16, make to the Minister such
other reports of its affairs and operations as the Minister may
require. R.R.O. 1980, Reg. 241, s. 17.
18. The Ontario International Corporation terminates on the 31st
day of December, 1991 . O. Reg. 703/89, s. 1 .
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Developmental Services Act
Loi sur les services aux personnes atteintes d 'un handicap de développement
REGULATION 272
GENERAL
PARTI
DEFINITIONS
1.— (1) In this Regulation,
"approved children's home" means a home approved by the Minister
and designated as a class of facility in subsection 2 (3);
"architect" means a person who is a member of the Ontario Associa-
tion of Architects or a person who is licensed to practise as an
architect under \he Architects Act;
"corporation" means a corporation without share capital having
objects of a charitable nature,
(a) to which Part III of the Corporations Act applies, or
(b) that is incorporated under a general or special Act of the
Parliament of Canada;
"health care" means medical, surgical, obstetrical, optical, dental
and nursing services, and includes drugs, dressings, prosthetic
appliances and any other items or health services necessary to or
commonly associated with the provision of any such specified ser-
vices, but does not include any part of such items and health ser-
vices payable under the Ontario Health Insurance Plan under the
Health Insurance Act;
"licensed public accountant" means a public accountant licensed
under the Public Accountancy Act;
"professional engineer" means a person who is licensed to practise as
a professional engineer under the Professional Engineers Act.
R.R.O. 1980, Reg. 242, s. 1 (1).
(2) For the purposes of the Act and this Regulation,
"assistance" means,
(a) aid in any form to a resident for the purpose of providing all
or any of the following,
(i) care in a facility,
(ii) food, shelter, clothing, fuel, utilities, household sup-
plies and personal essentials,
(iii) travel and transportation,
(iv) a funeral and burial,
(v) health care, and
(vi) services purchased on behalf of a resident,
(b) aid in any form to a person with a developmental handicap
other than a resident for the purpose of providing all or any
of the following,
(i) residential care,
(ii) parent relief, and
(iii) travel and transportation;
"services" means services for a person with a developmental handi-
cap and includes,
(a) diagnosis and assessment,
(b) homemaker services,
(c) day care,
(d) training and rehabilitation,
(e) casework and counselling,
(f) health care,
(g) research and evaluation,
(h) training programs to offer instruction in the nature of men-
tal retardation and its prevention,
(i) infant stimulation,
(j) behaviour management training,
(k) demonstration projects,
(I) staff training for the benefit of persons with developmental
handicaps,
(m) information programs to increase awareness of existing ser-
vices for developmentally handicapped persons, and
(n) training in life skills for persons with a developmental
handicap. R.R.O. 1980, Reg. 242, s. 1 (2); O. Reg.
165/89, s. 1.
PART II
CLASSES OF FACILITIES
2.— (1) The facilities in Schedules 1, 2 and 3 are designated as
facilities to which the Act and this Regulation apply.
(2) Homes approved by the Minister for providing assistance and
services to persons with a developmental handicap are designated as
a class of facility to which the Act and this Regulation apply.
(3) Homes approved by the Minister for the providing of residen-
tial accommodation for or on behalf of children under eighteen years
of age with a developmental handicap other than homes to which
subsections (1) and (2) apply are designated as a class of facility to
which the Act and this Regulation apply. R.R.O. 1980, Reg. 242,
s. 2.
PART III
OPERATING SUBSIDY
3.— (1) Every person who operates a facility designated in Sched-
ule 2 or 3 shall, annually, prepare and submit to the Minister an esti-
mate of the operating costs and revenue of the facility for the budget
year in respect of the assistance and service that it is proposed to
offer and such estimate shall be subject to the approval of the Minis-
ter.
(2) A person who submits an estimate under subsection (1) may
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DEVELOPMENTAL SERVICES
Reg./Règl. 272
at any time during the budget year after the estimate has been
approved by the Minister submit to the Minister for his or her
approval an amendment to the estimate or a supplementary estimate
of the operating costs and revenue of the facility for the budget year.
(3) The Minister may approve the amount of any estimate or
amendment thereto, as the case may be, as submitted under subsec-
tion (1) or (2) or the Minister may vary the amount of the estimate or
the amendment and approve the amount as so varied.
(4) The amount of provincial aid for a budget year payable as a
subsidy for the operating costs of a facility designated under Sched-
ule 2 or 3 shall be equal to the total estimate of the operating costs of
the facility as finally approved by the Minister under subsection (3)
for the budget year subject to any final adjustment that might be
made upon receipt from the person who operates the facility of the
annual financial statement of the facility for the budget year audited
by a licensed public accountant.
(5) The provincial aid payable under subsection (4) may be pay-
able in monthly instalments, on the first day of the month for which
it is payable and may be paid in advance, the first instalment being
payable in the first month of the budget year for which the provincial
aid is payable and the balance each month thereafter until the entire
amount has been paid.
(6) Subject to subsection (8), the amount of each instalment pay-
able before the estimate submitted under subsection (I) has been
approved by the Minister under subsection (3), shall be one-twelfth
of the amount of provincial aid paid for the preceding budget year.
(7) Subject to subsections (8) and (9), the amount of each instal-
ment payable after the estimate submitted under subsection (1) has
been approved by the Minister under subsection (3) shall be one-
twelfth of the total amount payable by Ontario for the budget year in
which the estimate has been approved.
(8) The Minister may vary the amount of any instalment payable
under subsection (6) or (7).
(9) Any difference between the aggregate of the amounts of all
the instalments as determined under subsections (6) and (7) due in
the budget year for which the estimate has been approved and the
total amount of the provincial aid payable under subsection (4) for
that year before the final adjustment provided for in subsection (4)
may be adjusted in the instalments due and payable after the Minis-
ter's approval of the estimate submitted under subsection (1).
(10) Where the submission of the estimate referred to in subsec-
tion (1) or the audited annual financial statement referred to in sub-
section (4) is not furnished to the Minister, the provincial aid payable
under subsection (4) may be withheld until the operator of the facil-
ity provides information satisfactory to the Minister. R.R.O. 1980,
Reg. 242, s. 3 (1-10).
(11) The amount payable on or after the 1st day of April, 1980 as
provincial aid to a corporation operating an approved children's
home shall not exceed the total estimate of operating costs submitted
by the Corporation and approved by the Minister and determined
having regard to,
(a) the number of beds;
(b) the number of staff; and
(c) the services,
to be provided in the approved children's home by the Corporation,
and
(d) the revenue of the approved children's home. O. Reg.
608/81, s. 1 (1); O. Reg. 334/84, s. 1.
(12) The Minister may approve any amendment to the estimate
of operating costs submitted by the Corporation or may at any time
vary the amount of the estimate or the amendment and approve the
amount so varied. O. Reg. 608/81, s. 1 (2).
(13) Every corporation applying for payment of provincial aid for
the operation of an approved children's home shall enter into an
agreement with Ontario with respect to the payment. R.R.O. 1980,
Reg. 242, s. 3 (12).
PARTFV
CAPITAL GRANTS
4.— (1) In this Part,
"actual cost" means the cost of a building project and includes,
(a) fees payable for the services of an architect, professional
engineer, or other consultant,
(b) the cost of purchasing and installing furnishings and equip-
ment,
(c) the cost of land surveys, soil tests, permits, licences and
legal fees,
(d) the cost of paving, sodding and landscaping, and
(e) the cost of acquiring the land necessary for the building
project;
"approved cost" means that portion of the actual cost of a building
project approved by the Minister;
"building project" means a project composed of one or more of the
following elements,
(a) the purchase or other acquisition of all or any part of an
existing building or buildings including the land contiguous
thereto,
(b) any renovations, alterations or additions to an existing
building or buildings,
(c) the purchase or other acquisition of vacant land for the pur-
pose of constructing a building or buildings thereon,
(d) the erection of a new building, or any part thereof,
(e) the demolition of a building,
(f) the installation of public utilities, sewers and items or ser-
vices necessary for access to the land or building or build-
ings.
(2) The amount of capital grant payable under the Act to a facil-
ity designated or to be designated in Schedule 2 or 3 for a building
project is equal to two-thirds of the approved cost of the building
project.
(3) The amount of capital grant payable on or after the 1st day of
April, 1980 under the Act to a corporation establishing or operating
an approved children's home for a building project is equal to the
lesser of,
(a) $15,000.00 per bed; and
(b) 80 per cent of the approved cost of the building project.
R.R.O. 1980, Reg. 242, s. 4.
5.— (1) An application for a capital grant shall be made to the
Minister on a form provided by the Minister.
(2) An applicant who applies under subsection (1) shall file with
the Minister, for the Minister's approval, two copies of a site plan
showing the location or the building or buildings, if any, on the site
and, in the case of a building project with one or more of the ele-
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Reg./Règl. 272
ments referred to in clause (a), (b), (d) or (f) of the definition of
"building project" in section 4,
(a) building plans and specifications prepared by an architect or
professional engineer showing the structure, fixtures and
arrangements of the building or buildings and describing
the areas of the building or buildings to be used for the pur-
poses of the Act; or
(b) where the Minister approves, structural sketches and speci-
fications prepared by a person other than an architect or
professional engineer describing the building or buildings
and the areas of the building or buildings or contiguous to
the building or buildings to be used for the purposes of the
Act.
(3) No plan, specification or structural sketch filed with the Min-
ister shall be amended or altered without the approval of the
Minister. R.R.O. 1980, Reg. 242, s. 5.
6.— (1) No payment of a capital grant shall be made for a building
project except where,
(a) the building project has been approved by the Minister; and
(b) the approved cost has been determined.
(2) An approval of a building project by the Minister referred to
in subsection (1) expires on the first anniversary of the date upon
which the approval is given unless the building project has been com-
menced before such anniversary date.
(3) A capital grant may be paid as a single payment or in two or
more instalments and, except where the Minister directs otherwise,
the aggregate of the amounts of the capital grant paid at any point in
time shall not exceed the greater of,
(a) an amount that bears the same proportion to the estimated
total payment as the amount of progress made at the time
towards completion of the project bears to the total esti-
mated amount of work required for completion; and
(b) an amount that bears the same proportion to the estimated
total payment as the amount of cost incurred at the time
bears to the total estimated cost of the project.
(4) A single payment, or in the case of payment in two or more
instalments, the final payment of an amount payable for a building
project shall not be made until,
(a) an architect or professional engineer certifies, or the Minis-
ter is otherwise satisfied, that the building project has been
completed in accordance with the plans filed under clause
5 (2) (a) or the sketches thereof approved by the Minister
under clause 5 (2) (b) and the building or addition is ready
for use and occupancy; and
(b) the applicant for the payment submits a report containing,
(i) a statement of the actual cost of the building project,
(ii) a statement indicating that all refundable sales tax
has been taken into account,
(iii) a statement indicating that the total amount of the
unpaid accounts applicable to the building project
does not exceed the amount of the grant remaining
to be paid, and
(iv) an undertaking that the amount of the grant remain-
ing to be paid will be applied first to the payment of
the unpaid accounts. R.R.O. 1980, Reg. 242, s. 6.
7. No applicant for or recipient of a capital grant for a building
project shall, without the approval of the Minister,
(a) acquire a building or land for the building project;
(b) call tenders for the building project;
(c) commence construction of the building project; or
(d) erect any temporary or permanent sign, tablet or plaque on
the site or building project. R.R.O. 1980, Reg. 242, s. 7.
8. It is a term and condition of a payment of a capital grant under
the Act in respect of a building, buildings or land forming part of a
building project that the applicant for payment shall enter into an
agreement with the Minister in which the applicant shall,
(a) agree not to change the site, structure, use of or sell, agree
to sell, lease, mortgage, encumber, donate or otherwise dis-
pose of all or any part of the building, buildings or land
without the approval of the Minister;
(b) agree not to demolish or make alterations or additions to all
or any part of the building or buildings without the approval
of the Minister; and
(c) agree to reimburse the Ministry in the same ratio as the
Ministry's contribution to the building, buildings or land,
the construction of the building or buildings or the renova-
tions upon termination of the agreement or where there is
contravention of any term of the agreement or where a cir-
cumstance set out in clause (a) or (b) takes place. O. Reg.
502/85, s. 1.
9.— (1) Expenditures incurred by a facility, other than a corpora-
tion establishing or operating an approved children's home, for fur-
nishings or equipment, or for repairs to or maintenance of a capital
asset that,
(a) are approved by the Minister as capital expenditures;
(b) are, in the opinion of the Minister, necessary for the effi-
cient operation of the facility and the cost of which is not
excessive for the purpose; and
(c) are in excess of $1 ,000,
are capital expenditures for which a grant may be paid, upon applica-
tion by the facility, in an amount equal to two-thirds of the approved
expenditures incurred. R.R.O. 1980, Reg. 242, s. 9 (1); O. Reg.
502/85, s. 2(1).
(2) Expenditures incurred by a corporation operating an
approved children's home for furnishings or equipment, or for
repairs to or maintenance of a capital asset that,
(a) are approved by the Minister as capital expenditures;
(b) are, in the opinion of the Minister, necessary for the effi-
cient operation of the facility and the cost of which is not
excessive for the purpose; and
(c) are in excess of $1 ,000,
are capital expenditures for which a grant may be paid, upon applica-
tion by the corporation operating an approved children's home, in an
amount equal to 80 per cent of the approved expenditures incurred.
R.R.O. 1980, Reg. 242, s. 9 (2); O. Reg. 502/85, s. 2 (2).
10. A facility, if requested by the Minister, shall file with the Min-
ister evidence that all or any part of a building or buildings used or to
be used by the facility comply with,
(a) the laws affecting the health of inhabitants of the municipal-
ity in which the facility is located;
(b) any rule, regulation, direction or order of the local board of
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DEVELOPMENTAL SERVICES
Reg./Règl. 272
health and any direction or order of the medical officer of
health;
(c) any by-law of the municipality in which the facility is
located or other law for the protection of persons from fire
hazards;
(d) any restricted area, standard of housing or building by-law
passed by the municipality in which the facility is located
pursuant to Part III of the Planning Act or any predecessor
thereof; and
(e) the requirements of the building code made under the
Building Code Act. R.R.O. 1980, Reg. 242, s. 10.
PARTY
RULES GOVERNING FACILITIES
11. In every facility, the board or where there is no board, the
owner, shall ensure that,
(a) all fire hazards in the facility are eliminated, the facility is
inspected at least once a year by an officer authorized to
inspect buildings under the Fire Marshals Act and the rec-
ommendations of the officer are carried out;
(b) there is adequate protection from radiators or other heating
equipment;
(c) the water supplies are adequate for all normal needs,
including those of fire protection;
(d) the fire protection equipment, including the sprinkler sys-
tem, fire extinguishers, hose and stand pipe equipment are
visually inspected at least once a month and serviced at
least once every year by qualified personnel;
(e) the fire detection and alarm system is inspected at least
once a year by qualified fire alarm maintenance personnel,
and tested at least once every month;
(f) at least once a year the heating equipment is serviced by
qualified personnel and the chimneys are inspected and
cleaned if necessary;
(g) a written record is kept of inspections and tests of fire
equipment, fire drills, the fire detection and alarm system,
the heating system, chimneys and smoke detectors;
(h) the staff and residents are instructed in the method of
sounding the fire detection and alarm system;
(i) the staff are trained in the proper use of the fire extinguish-
ing equipment;
(j) a directive setting out the procedures that must be followed
and the steps that must be taken by the staff and residents
when a fire alarm is given is drawn up and posted in con-
spicuous places in the facility;
(k) the staff and residents are instructed in the procedures set
out in the directive referred to in clause (j) and the proce-
dures are practised by staff and residents at least once a
month using the fire detection and alarm system to initiate
the drill;
(1) where matches are used, only safety matches are issued to
the staff and residents;
(m) an inspection of the building, including the equipment in
the kitchen and laundry, is made each night to ensure that
there is no danger of fire and that all doors to stairwells, all
fire doors and all smoke barrier doors are kept closed;
(n) adequate supervision is provided at all times for the security
of the residents and the facility;
(o) oxygen is not used or stored in the facility in a pressure ves-
sel; " ■
(p) combustible rubbish is kept to a minimum;
(q) all exits are clear and unobstructed at all times;
(r) combustible draperies, mattresses, carpeting, curtains, dec-
orations and similar materials are suitably treated to render
them resistant to the spread of flame and are retreated
when necessary;
(s) receptacles into which electric irons or other small appli-
ances are plugged are equipped with pilot lights which glow
when the appliance is plugged in;
(t) lint traps in the laundry are cleaned out after each use of the
equipment;
(u) flammable liquids and paint supplies are stored in suitable
containers in non-combustible cabinets;
(v) suitable non-combustible ashtrays are provided where
smoking is permitted;
(w) no portable electric heaters are used in the facility that are
not in accordance with standards of approval set down by
the Canadian Standards Association;
(x) no vaporizing liquid fire extinguishers are kept or used in
the facility; and
(y) no sprinkler heads, fire or smoke detector heads are
painted or otherwise covered with any material or sub-
stance that is likely to prevent them from functioning
normally. R.R.O. 1980, Reg. 242, s. 11.
12. A facility located in a municipality that does not have public
fire protection shall be provided with a complete automatic sprinkler
system that complies with standards prescribed under the Building
Code Act. R.R.O. 1980, Reg. 242, s. 12.
13. The board of each facility shall keep and maintain an inven-
tory of all furnishings and equipment acquired by the facility and the
inventory shall set forth each addition to or removal from inventory
and the reasons therefor and shall be prepared in such manner and
contain such additional information as the Director may require.
R.R.O. 1980, Reg. 242, s. 13.
14. The charge for any resident shall be equal to the cost of pro-
viding assistance to him or her. O. Reg. 608/81, s. 2.
IS.— (1) An application for admission to a facility and for assis-
tance shall be made to an administrator who shall determine whether
the applicant is eligible for admission to the facility and for assistance
and whether the applicant is able to contribute to all or any part of
the cost of the assistance. R.R.O. 1980, Reg. 242, s. 15.
(2) A personal needs allowance received by an applicant under
the Family Benefits Act shall not be considered in determining
whether the applicant is able to contribute to all or any part of the
cost of assistance and the applicant shall be permitted to retain that
allowance for personal use. O. Reg. 165/89, s. 2.
16.— (1) An application for services shall be made to the Director
or to an administrator, and the Director or administrator, as the case
may be, shall determine whether the applicant is eligible for the ser-
vices and whether the applicant is able to contribute to all or any part
of the cost thereof. R.R.O. 1980, Reg. 242, s. 16.
(2) A personal needs allowance received by an applicant under
the Family Benefits Act shall not be considered in determining
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SERVICES AUX PERSONNES ATTEINTES D'UN HANDICAP DE DEVELOPPEMENT
Reg./Règl. 272
whether the appUcant is able to contribute to all or any part of the
cost of the services and the applicant shall be permitted to retain that
allowance for personal use. O. Reg. 165/89, s. 3.
17. A certificate under subsection 10 (3) of the Act shall be in
Form 1. R.R.O. 1980, Reg. 242, s. 17.
18. A notice of cancellation under section 14 of the Act shall be in
Form 2. R.R.O. 1980, Reg, 242, s. 18.
19. A notice of continuance under subsection 15 (2) of the Act
shall be in Form 3. R.R.O. 1980, Reg. 242, s. 19.
PARTY!
ADMISSION OF CHILDREN
20. In this Part,
"child" means a person with a developmental handicap under eight-
een years of age; and
"parent" means the father or mother of a child, and includes a per-
son who has demonstrated a settled intention to treat a child as a
child of his or her family, but does not include a person in whose
home a child was placed as a foster child for consideration by a
person having lawful custody. R.R.O. 1980, Reg. 242, s. 20.
21.— (1) The Minister shall be deemed to be a child welfare
authority for the purpose of entering into an agreement with a parent
for the provision of services or assistance or both to a child.
(2) The agreement between the Minister and the parent shall be
in a form provided by the Minister. R.R.O. 1980, Reg. 242, s. 21.
Schedule 2
Item Location
1. Brantford
2. Hamilton
3. Kingston
4. Kitchener
5. Oakville
6. Plainfield
7. Thunder Bay
8. Vineland
9. Whitby
Item Location
1. Sault Ste. Marie
Name
Brantwood
Rygiel Home
Ongwanada Hospital— Hopkins Division
Mental Retardation Unit,
117 Park Street,
Kingston, Ontario
and
Ongwanada Hospital— Penrose Division
Mental Retardation Unit,
752 King Street
West Kingston, Ontario
Sunbeam Home
Oaklands Regional Centre
Plainfield Children's Home
Mental Retardation
Unit— Hogarth-Westmount Hospital
Bethesda Home
Christopher Robin Home for Children
R.R.O. 1980, Reg. 242, Sched. 2.
Schedule 3
Name
Algoma District Mental Retardation
Services
R.R.O. 1980, s. 242, Sched. 3.
Forml
22. A child shall be provided services and assistance where the
child is,
(a) in the care or custody or under the control or supervision of
a Children's Aid Society; or
(b) under the supervision of the Minister pursuant to an agree-
ment between the Minister and the parent whereby the
Minister agrees to provide services or assistance or both to
meet the special needs of the child. R.R.O. 1980, Reg.
242, s. 22.
Item Location
1. Cedar Springs
2. Cobourg
3. Edgar
4. Gravenhurst
5. London
6. Orillia
7. Palmerston
8. Picton
9. Smiths Falls
10. Thunder Bay
1 1 . Toronto
12. Whitby
13. Woodstock
R.R.O. 1980, Reg. 242,
50/85, s. 1;0. Reg. 52/85,
Schedule 1
Name
Southwestern Regional Centre
D'Arcy Place
Adult Occupational Centre
Muskoka Centre
CPRI
Huronia Regional Centre
Midwestern Regional Centre
Prince Edward Heights
Rideau Regional Centre
Northwestern Regional Centre
Surrey Place Centre
Durham Centre for the Developmentally
Handicapped
Oxford Regional Centre
Sched. 1; O. Reg. 80/84, s. 1; O. Reg.
s. 1.
Developmental Services Act
CERTIFICATE OF INCOMPETENCE
I, the undersigned physician, hereby certify that on the
day of , 19 I personally examined
(name of resident in full)
(home address)
After making due inquiry into all the facts necessary for me to
form a satisfactory opinion, I do hereby further certify that he/she is
not competent to manage his/her estate.
1 . Facts indicating incompetence observed by myself:
2. Other facts, if any, indicating incompetence communicated to
me by others:
Date
.,19..
(signature)
(print or type name of signing physician)
(name and address of facility)
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DEVELOPMENTAL SERVICES
Reg./Règl. 272
Date of Admission , 19
R.R.O. 1980, Reg. 242, Form 1.
Form 2
Developmental Services Act
NOTICE OF CANCELLATION OF CERTIFICATE OF
INCOMPETENCE
I , the undersigned physician, having examined
(name of resident in full)
(home address)
for such purpose, hereby cancel the certificate of incompetence
which was issued with respect to him/her by on , 19
Date ,19
(signature)
(print or type name of signing physician)
(name and address of facility)
-" R.R.O. 1980, Reg. 242, Form 2.
Form 3
Developmental Services Act
NOTICE OF CONTINUANCE OF CERTIFICATE OF
INCOMPETENCE
I, the undersigned physician, having examined
(name of resident in full)
(home address)
who is about to be discharged, am of the opinion that he/she contin-
ues to be incompetent to manage his/her estate, and the certificate of
incompetence which was issued with respect to him/her by
on , 19 is hereby continued.
State reason(s) why the above-named patient should not resume
management of his/her estate:
Date
.,19..
(signature)
(print or type name of signing physician)
(name and address of facility)
R.R.0. 1980, Reg. 242, Form 3.
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Reg./Règl. 273
Reg./Règl. 273
District Welfare Administration Boards Act
Loi sur les conseils d 'administration de district de l 'aide sociale
L
REGULATION 273
APPLICATION FOR GRANT UNDER SECTION 10
OF THE ACT
1.— (1) In this Regulation "Director" means the Director of the
Income Maintenance Branch of the Ministry of Community and
Social Services.
(2) For the purposes of section 1 of the Act and this Regulation,
"district" has the same meaning as in the Territorial Division Act.
R.R.O. 1980, Reg. 243, s. 1.
2. In addition to the welfare services mentioned in section 1 of
the Act, "welfare services", for the purpose of the Act and this Reg-
ulation includes,
(a) hospitalization of indigent persons;
(b) services in res[>ect of children's aid societies;
(c) social services that are furnished for the purpose of,
(i) rehabilitation, including vocational assessment and
counselling, the facilititation of vocational training
and placement in employment,
(ii) counselling in respect of family or marital relation-
ships,
(iii) counselling in respect of child care and training, and
parent-child relationships,
(iv) counselling in respect of debts, financial or house-
hold management and homemaking,
(v) counselling in respect of nutritional needs and
requirements, and
(vi) counselling in respect of the maintenance of ade-
quate standards of health and personal hygiene;
(d) such other social services that may be required by a recipi-
ent and are approved by the Director;
(e) administrative, secretarial and clerical services including
staff training relating to the provision of any of the forego-
ing welfare services;
(f) consulting, research and evaluation services with respect to
the provision of any of the foregoing welfare services; and
(g) such other services as are approved by the Director.
R.R.O. 1980, Reg. 243, s. 2.
3. An application for a grant under section 10 of the Act shall be
made in triplicate in Form 1. R.R.O. 1980, Reg. 243, s. 3.
Grants under Section 10 of the Act
4.— (1) In this section "estimated expenditures" means the total
expenditures estimated by a board in accordance with Form 1 and
approved by the Director to carry out the purposes of the Act during
the first year of the board's operation.
(2) For the purposes of section 10 of the Act, the amount of the
grant shall be 50 per cent of the estimated expenditures of the board
determined in accordance with Form 1. R.R.O. 1980, Reg. 243,
s. 4.
Membership of Boards
5.— (1) For the purpose of determining the membership of a
board, the districts for which the boards have been established are
divided into the areas set out in the schedules.
(2) For each board named in the heading of a schedule, the num-
ber of members, the areas in a district that they represent and the
manner of their appointment shall be that set out in the schedule.
(3) A member at large of a board shall hold office for a term not
exceeding three years. R.R.O. 1980, Reg. 243, s. 5 (1-3).
(4) Subject to subsection (6), the term of office of each member
of a board who is not a member at large shall commence on the 1st
day of January next following the commencement of the term of
office of the council that the member represents or the 1st day of
January in any subsequent year and shall not exceed three years.
O. Reg. 609/83, s. 1.
(5) A member of a board is eligible for re-appointment at the
expiration of the member's term of office.
(6) Where the office of a member of a board becomes vacant
before the end of the term of office of the member a new member
may be appointed for the remainder of the unexpired term.
R.R.O. 1980, Reg. 243, s. 5 (5, 6).
6. Payment of a grant under section 10 of the Act may be made to
a board at any time during the first year in which the board is estab-
lished for a district, either in one payment for the full amount or by
the payment of instalments in such amounts and at such times as the
Minister may direct. R.R.O. 1980, Reg. 243, s. 6.
Chairs of Boards
7.— (1) A board shall, at its first meeting after the 1st day of Janu-
ary in each year, appoint one of its members as chair of the board.
(2) The member of the board who is appointed under subsection
(1) shall serve as chair until the 31st day of December following the
appointment and, subject to subsection (3), may be re-appointed as
chair for the next year.
(3) No member of the board shall serve for more than three con-
secutive terms as chair.
(4) Where the chair resigns or dies before his or her term as chair
has expired, the board shall appoint another member of the board as
the chair thereof to complete the unexpired portion of the term of
the chair who has resigned or died. R.R.O. 1980, Reg. 243, s. 7.
Schedule 1
The District of Sudbury Welfare Administration Board
The District of Sudbury Welfare Administration Board shall con-
sist of nine members and the areas they represent and the manner of
their appointment shall be as follows:
1.
One member at large to be appointed by the Lieutenant Gov-
ernor in Council.
309
Reg./Règl. 273
DISTRICT WELFARE ADMINISTRATION BOARDS
Reg./Règl. 273
2. Area 1, represented by six members to be appointed by the
Regional Council of The Regional Municipality of Sudbury.
3. Area 2, represented by one member to be appointed jointly
by the municipal councils of,
. The Corporation of the Township of Chapleau,
. The Corporation of the Township of Hagar,
. The Corporation of the Township of Casimir, Jennings and
Appleby,
iv. The Corporation of the Township of Ratter and Dunnet,
and
V. The Corporation of the Township of Cosby, Mason and
Martland.
4. Area 3, represented by one member to be appointed jointly
by the municipal councils of.
The Corporation of the Town of Espanola,
The Corporation of the Township of The Spanish River,
The Corporation of the Town of Massey,
iv. The Corporation of the Town of Webbwood,
V. The Corporation of the Township of Nairn , and
vi. The Corporation of the Township of Baldwin. R.R.O.
1980, Reg. 243, Sched. 1.
Schedule 2
The District of Algoma Welfare Administration Board
The District of Algoma Welfare Administration Board shall con-
sist of nine members and the areas they represent and the manner of
their appointment shall be as follows:
1. Two members at large to be appointed by the Lieutenant
Governor in Council.
2. Area 1, represented by one member to be appointed by the
municipal council of The Corporation of the City of Elliot
Lake.
3. Area 2, represented by one member to be appointed by the
municipal council of The Corporation of the Town of Blind
River.
4. Area 3, represented by one member to be appointed by the
municipal council of The Corporation of the Township of
Michipicoten.
5. Area 4, represented by four members to be appointed jointly
by the municipal councils of,
. The Corporation of the Township of Thompson,
. The Corporation of the Village of Iron Bridge,
. The Corporation of the Township of Day and Bright Addi-
tional,
iv. The Corporation of the Township of Thessalon,
v. The Corporation of the Town of Thessalon,
vi. The Corporation of the Township of Plummer Additional,
vii. The Corporation of the Town of Bruce Mines,
viii. The Corporation of the Township of Johnson,
ix. The Corporation of the Township of Tarbutt and Tarbutt
Additional,
X. The Corporation of the Township of Prince,
xi. The Corporation of the Township of Macdonald, Meredith
and Aberdeen Additional,
xii. The Corporation of the Township of St. Joseph,
xiii. The Corporation of the Township of Jocelyn,
xiv. The Corporation of the Township of Hilton,
XV. The Corporation of the Village of Hilton Beach,
xvi. The Corporation of the Township of Laird,
xvii. The Corporation of the Improvement District of White
River,
xviii. The Corporation of the Township of Wicksteed,
xix. The Corporation of the Township of the North Shore,
XX. The Corporation of the Township of Shedden, and
xxi. The Corporation of the Township of Dubreuiville.
R.R.O. 1980, Reg. 243, Sched. 2.
Schedule 3
The District of Nipissing Weuare Administration Board
The District of Nipissing Welfare Administration Board shall con-
sist of seven members and the areas they represent and the manner
of their appointment shall be as follows:
1. Two members at large to be appointed by the Lieutenant
Governor in Council.
2. Area 1, represented by one member to be appointed by the
municipal council of The Corporation of the Town of Stur-
geon Falls.
3. Area 2, represented by one member to be appointed by the
municipal council of The Corporation of the Township of
Temagami.
4. Area 3, represented by one member to be appointed jointly
by the municipal councils of,
i. The Corporation of the Township of Bonfield,
ii. The Corportion of the Township of East Ferris, and
iii. The Corporation of the Township of Chisholm.
5. Area 4, represented by one member to be appointed jointly
by the municipal councils of,
i. The Corporation of the Town of Cache Bay,
ii. The Corporation of the Township of Caldwell,
iii. The Corporation of the Township of Springer, and
iv. The Corporation of the Township of Field.
6. Area 5, represented by one member to be appointed jointly
by the municipal councils of,
i. The Corporation of the Town of Mattawa,
310
Reg./Règl. 273
CONSEILS D'ADMINISTRATION DE DISTRICT DE L'AIDE SOCIALE
Reg./Règl. 273
ii. The Corporation of the Township of Airy,
iii. The Corporation of the Township of Calvin,
iv. The Corporation of the Township of Mattawan,
V. The Corporation of the Township of Papineau, and
vi. The Corporation of the Improvement District of Cameron.
R.R.O. 1980, Reg. 243, Sched. 3.
Schedule 4
The District of Cochrane Welfare Administration Board
The District of Cochrane Welfare Administration Board shall con-
sist of ten members and the areas they represent and the manner of
their appointment shall be as follows:
1. Two members at large to be appointed by the Lieutenant
Governor in Council.
2. Area 1, represented by one member to be appointed by the
municipal council of The Corporation of the Town of Hearst.
3. Area 2, represented by one member to be appointed by the
municipal council of The Corporation of the Town of Kapus-
kasing.
4. Area 3, represented by one member to be appointed by the
municipal council of,
i. The Corporation of the Townships of Fauquier-Strickland .
5. Area 4, represented by one member to be appointed by the
municipal council of The Corporation of the Town of Smooth
Rock Falls.
6. Area 5, represented by one member to be appointed jointly
by the municipal councils of,
i. The Corporation of the Town of Cochrane, and
ii. The Corporation of the Township of Glackmeyer.
7. Area 6, represented by one member to be appointed by the
municipal council of the Corporation of the Town of Iroquois
Falls.
8. Area 7, represented by one member to be appointed by the
municipal council of the Corporation of the Township of
Black River-Matheson.
9. Area 8, represented by one member to be appointed jointly
by the municipal councils of,
i. The Corporation of the Township of Mattice-Val Coté,
ii. The Corporation of the Township of Opasatika, and
iii. The Corporation of the Township of Val Rita-Harty.
R.R.O. 1980, Reg. 243, Sched. 4.
Schedule 5
The District of Rainy River Welfare Administration Board
The District of Rainy River Welfare Administration Board shall
consist of eight members and the areas they represent and the man-
ner of their appointment shall be as follows:
1. Two members at large to be appointed by the Lieutenant
Governor in Council.
2. Area 1, represented by one member to be appointed jointly
by the municipal councils of.
i. The Corporation of the Township of Morson, and
ii. The Corporation of the Township of McCrosson and
Tovell.
3. Area 2, represented by one member to be appointed jointly
by the municipal councils of,
i. The Corporation of the Township of Atwood,
ii. The Corporation of the Township of Blue,
iii. The Corporation of the Town of Rainy River, and
iv. The Corporation of the Township of Worthington.
4. Area 3, represented by one member to be appointed jointly
by the municipal councils of,
i. The Corporation of the Township of Chappie,
ii. The Corporation of the Township of Dilke, and
iii. The Corporation of the Township of Morley .
5. Area 4, represented by one member to be appointed jointly
by the municipal councils of,
i. The Corporation of the Township of Alberton,
ii. The Corporation of the Township of Emo, and
iii. The Corporation of the Township of La Vallée.
6. Area 5, represented by one member to be appointed by the
municipal council of The Corporation of the Town of Fort
Frances.
7. Area 6, represented by one member to be appointed by the
municipal council of The Corporation of the Township of
Atikokan. R.R.O. 1980, Reg. 243, Sched. 5.
Schedule 6
The District of Parry Sound Welfare Administration Board
The District of Parry Sound Welfare Administration Board shall
consist of seven members and the areas they represent and the man-
ner of their appointment shall be as follows:
1. Two members at large to be appointed by the Lieutenant
Governor in Council.
2. Area 1, represented by one member to be appointed jointly
by the municipal councils of,
i. The Corporation of the Town of Parry Sound,
ii. The Corporation of the Township of Christie,
iii. The Corporation of the Township of Foley,
iv. The Corporation of the Township of Humphrey, and
V. The Corporation of the Village of Rosseau.
3. Area 2, represented by one member to be appointed jointly
by the municipal councils of,
i. The Corporation of the Township of Carling,
ii. The Corporation of the Township of Hagerman,
iii. The Corporation of the Township of McDougall,
311
Reg./Règl. 273 DISTRICT WELFARE ADMINISTRATION BOARDS Reg./Règl. 273
iv. The Corporation of the Township of McKellar, and iv. The Corporation of the Township of Chapman,
V. The Corporation of the Township of The Archipelago. v. TheCorporationof the Township of Joly, and
4. Area 3, represented by one member to be appointed jointly vi. The Corporation of the Township of Machar.
by the municipal councils of,
6. Area 5, represented by one member to be appointed jointly
i. The Corporation of the Town of Powassan, by the municipal councils of,
ii. The Corporation of the Town of Trout Creek, i j^e Corporation of the Township of Armour,
iii. The Corporation of the Township of Nipissing, ii The Corporation of the Village of Burk's Falls,
iv. The Corporation of the Township of North Himsworth, and ..._,„ .. t.. t cv
•^ '^ ni. The Corporation of the Town of Kearney,
V. TheCorporationof the Township of South Himsworth. . .^, ^ ^ , r^ ,. ,.»,.,
IV. The Corporation of the Township of McMurnch,
5. Area 4, represented by one member to be appointed jointly
by the municipal councils of, ""■ The Corporation of the Township of Perry,
i. The Corporation of the Village of Magnetawan, vi. The Corporation of the Township of Ryerson, and
ii. The Corporation of the Village of South River, vii. The Corporation of the Township of Strong,
iii. The Corporation of the Village of Sundridge, R.R.O. 1980, Sched. 6; O. Reg. 688/89, s. 1.
Form 1
District Welfare Administration Boards Act
APPLICATION FOR GRANT UNDER SECTION 10 OF THE ACT
1. In accordance with section 10 of the Act, the District Welfare Administration Board for the District of ,
as established under section 3 of the Act, hereby applies for the grant computed in paragraph 3 of this Form to assist the Board to carry out the
purposes of the Act during the first year of its establishment.
2. The estimated expenditures of the Board to carry out the purposes of the Act during the first year, as approved by the Director on
, are as follows:
(date)
Estimated
Expenditure
Item for the Year
1. Salaries:
i. Welfare Administrator $ .
ii. Other Staff $ .
2. Contributions to Pension Fund $ .
3. Travelling Expenses $ .
4. Allowances to Board members and their travelling and living expenses while attending meetings or engaged
in the work of the Board $ .
5. Payments as approved by the Director for counselling services purchased on a contract or fee-for-service
basis from an agency approved by the Director $ .
6. Payments for research or consultation on a contract or fee-for-service basis $ .
7. Cost of transportation and incidental expenses of bringing persons to court under section 23 of Regulation
537 of Revised Regulations of Ontario, 1990 $ .
312
Reg./Règl. 273
CONSEILS D'ADMINISTRATION DE DISTRICT DE L'AIDE SOCIALE
Reg./Règl. 273
8. Maintenance:
i. Cost of providing office space
ii. Heat
Hi. Utilities (telephone, electricity, gas, water)
iv. Building maintenance—
Supplies
Extra care of premises
V. Office supplies and expenses
vi. Office equipment
9. Insurance
10. Other (list items and estimated expenditures for each):
Total
3. COMPUTATION OF GRANT
50%of$
(total of paragraph 2)
4. CERTIFICATE: -
I certify that the information given and the statements made in this Form are true and correct and in accordance with the requirements of the
Act and regulations.
I
Dated at , this
. day of
.,19.
(signature of chair of board)
R.R.O. 1980, Reg. 243, Form 1.
313
Reg./Règl. 274
Reg./Règl. 274
Drainage Act
Loi sur le drainage
REGULATION 274
FORMS
1. The requisition for a drainage works referred to in subsection
3 (1) of the Act shall be in Form 1. R.R.O. 1980, Reg. 246, s. 1.
2. The notice of the engineer's on-site meeting to examine the
area referred to in subsection 3 (7) of the Act shall be in Form 2.
R.R.O. 1980, Reg. 246, s. 2.
3. The petition for a drainage works referred to in subsection
4 (2) of the Act,
(a) shall be in Form 3 where it is filed by a person or persons
referred to in clause 4 (1) (a) or (b) of the Act;
(b) shall be in Form 4 where it is filed by the Director under
clause 4 ( 1 ) (d) of the Act; or
(c) shall be in Form 5 where it is filed by a person referred to in
clause 4(1) (c) of the Act. R.R.O. 1980, Reg. 246, s. 3.
4.— (1) The by-law adopting the engineer's report referred to in
subsection 45 (1) of the Act shall,
(a) in the case of municipalities not within district or regional
municipalities, be in Form 6; and
(b) in the case of municipalities within district or regional muni-
cipalities, be in Form 7.
(2) The borrowing by-law for use by district or regional munici-
palities on behalf of an area municipality shall be in Form 8.
R.R.O. 1980, Reg. 246, s. 4.
5. The statement of the amount of compensation paid referred to
in section 68 of the Act shall be in Form 9. R.R.O. 1980, Reg. 246,
s. 5.
Form 1
Drainage Act
REQUISITION FOR DRAINAGE WORKS
To
Clerk of the of
I am the owner of the following land:
(Describe the land)
and I require the construction (or improvement, as the case may be)
of a drainage works, and the following lands and roads will be
affected:
(Describe each parcel of land to be affected and state the name of the
owner thereof)
and I request that an engineer be appointed by the council of the
municipality and that the engineer appoint a time and place at which
he or she will attend and examine the area in order to make a report.
(Signature of party or parties)
R.R.O. 1980, Reg. 246, Form 1.
Form 2
Drainage Act
NOTICE OF APPOINTMENT FOR EXAMINATION BY
ENGINEER
To: (Name of owner)
(address)
You are hereby notified that ....
(name of engineer)
appointed by the council of the
of under the Drainage Act
has fixed the hour of o'clock in the
noon of the day of
, 19 , to attend at
(name the place appointed)
and to examine the area and site of the proposed drainage works,
being:
(Here describe the area and site)
and you, as an owner of land affected, are requested to attend at
such time and place.
Dated this day of .
.,19..
Dated this day of .
.,19..
(Signature of Clerk)
R.R.O. 1980, Reg. 246, Form 2.
Form 3
Drainage Act
PETITION FOR DRAINAGE WORKS
We, being owners, as shown by the last revised assessment roll, of
lands in the
of
(Insert name of municipality or names of municipalities)
requiring drainage, hereby petition that the area more particularly
described as follows:
(Describe the area)
may be drained by means of a drainage works.
315
Reg./Règl. 274
DRAINAGE
Reg./Règl. 274
Signature
of
Petitioners
Con. or
Part Lot Plan Municipality
Petition filed this day of , 19.,
(Clerk)
R.R.O. 1980, Reg. 246, Form 3.
Form 4
Drainage Act
PETITION FOR DRAINAGE WORKS BY DIRECTOR
I,
the Director appointed under the Drainage Act, hereby petition that
the area more particularly described as follows:
(Describe the area)
may be drained by means of a drainage works.
Dated at ,this day of 19
(Director)
R.R.O. 1980, Reg. 246, Form 4.
Form 5
Drainage Act
PETITION FOR DRAINAGE WORKS BY ENGINEER OR
ROAD SUPERINTENDENT
OR PERSON HAVING JURISDICTION
OVER ROAD
I, Engineer or
Road Superintendent or Person Having Jurisdiction over Road (as
the case may be) for the ,
of hereby petition that the area more
particularly described as follows:
(Describe the area)
may be drained by means of a drainage works.
Dated at , this day of , 19
(Engineer or Road Superintendent)
R.R.O. 1980, Reg. 246, Form 5.
Formé
Drainage Act
FORM OF BY-LAW
For Use by Municipalities Not Within District or Regional
Municipalities
A by-law to provide for a drainage works in the
of
in the County of:
Whereas the requisite number of owners have petitioned the coun-
cil of the
of in the County of
in accordance with the provisions of the Drainage Act requesting that
the following lands and roads be drained by a drainage works:
(set out description of lands and roads or name of drain if repair or
improvement to existing drain)
And whereas the council of the
of in the County of
has procured a report made by
and the report is attached hereto and forms part of this by-law.
And whereas the estimated total cost of constructing the drainage
works is $
And whereas $ is the amount to be contributed by
the municipality for construction of the drainage works.
And whereas $ is being assessed in the
of
in the County of
(set out assessments in any additional municipality)
And whereas the council is of the opinion that the drainage of the
area is desirable.
Therefore the council of the
of under Ihs Drainage Act, enacts as fol-
lows:
1. The report dated and attached
hereto is hereby adopted and the drainage works as therein
indicated and set forth is hereby authorized and shall be com-
pleted in accordance therewith.
2.— (1) The Corporation of the
of may borrow on the credit of
the Corporation the amount of $ ,
being the amount necessary for construction of the drainage
works.
(2) The Corporation may issue debentures for the amount bor-
rowed less the total amount of,
(a) grants received under section 85 of the Act;
316
Reg./Règl. 274
DRAINAGE
Reg./Règl. 274
(b) commuted payments made in respect of lands and roads
assessed within the municipality;
(c) money paid under subsection 61 (3) of the Act; and
(d) money assessed in and payable by another municipality,
and such debentures shall be made payable within years
from the date of the debenture and shall bear interest at a rate
not higher than the rate charged by the Ontario Municipal
Improvement Corporation on the date of sale of such deben-
ture.
3. A special equal annual rate sufficient to redeem the principal
and interest on the debentures shall be levied upon the lands
and roads as set forth in the Schedule to be collected in the
same manner and at the same time as other taxes are collected
in each year for years after the passing of this by-law.
Schedule
Concession
Parcel of Land
OR Part
Thereof
Total
Amount
Assessed
Roads and
Lands of
Municipality
Total
4. For paying the amount of $ being the amount
assessed upon the lands and roads belonging to or controlled
by the municipality, a special rate sufficient to pay the amount
assessed plus interest thereon shall be levied upon the whole
rateable property in the
of in each year for
years after the passing of this by-law to be collected in the
same manner and at the same time as other taxes are col-
lected.
5. All assessments of $ or less are payable in the
first year in which the assessment is imposed.
6. This by-law comes into force on the passing thereof and may
be cited as " By-law".
First Reading
Second Reading
Provisionally adopted this day of
19
Head of Council
Third Reading
Qerk
Enacted this....
. day of ..
...,19
Clerk
O. Reg. 300/81, s. 1.
Form 7
Drainage Act
FORM OF BY-LAW
For Use by Municipalities Within District or Regional Municipalities
A by-law to provide for a drainage works in the
of
in the District or Regional Municipality of
Whereas the requisite number of owners have petitioned the coun-
cil of the
of in the District or Regional
Municipality of
in accordance with the provisions of the Drainage Act requesting that
the following lands and roads be drained by a drainage works:
(set out description of lands and roads or name of drain if repair or
improvement to existing drain)
And whereas the council of the
of in the District or Regional
Municipality of
has procured a report made by
and the report is attached hereto and forms part of this By-law.
And whereas the estimated total cost of constructing the drainage
works is $
And whereas $ is the amount to be contributed by
the municipality for construction of the drainage works.
And whereas $ is being assessed in the
of
in the District or Regional Municipality of
(set out assessments in any additional municipality)
And whereas the council is of the opinion that the drainage of the
area is desirable.
Therefore the council of the
of under Ihe Drainage Act, enacts as fol-
lows:
1. The report dated and attached
hereto is hereby adopted and the drainage works as therein
indicated and set forth is hereby authorized and shall be com-
pleted in accordance therewith.
2.— (1) The Corporation of the .
Head of Council
of may
borrow on the credit of the Corporation the amount of
31f7
Reg./Règl. 274
DRAINAGE
Reg./Règl. 274
$ , being the amount necessary for construction of the
drainage works.
(2) The Corporation may arrange for the issue of debentures on
its behalf for the amount borrowed less the total amount of,
(a) grants received under section 85 of the Act;
(b) commuted payments made in respect of lands and roads
assessed within the municipality;
(c) money paid under subsection 61 (3) of the Act; and
(d) money assessed in and payable by another municipality,
and such debentures shall be made payable within
years from the date of the debenture and shall bear interest at
a rate not higher than the rate charged by The Ontario Munic-
ipal Improvement Corporation on the date of sale of such
debentures.
3. A special equal annual rate sufficient to redeem the principal
and interest on the debentures shall be levied upon the lands
and roads as set forth in the Schedule to be collected in the
same manner and at the same time as other taxes are collected
in each year for years after the passing of this
by-law.
Schedule
Clerk
Concession
Parcel of Land
or Part
Thereof
Total
Amount
Assessed
Roads and
Lands of
Municipality
Total
4. For paying the amount of $ being the amount
assessed upon the lands and roads belonging to or controlled
by the municipality, a special rate sufficient to pay the amount
assessed plus interest thereon shall be levied upon the whole
rateable property in the
of in each year for
years after the passing of this by-law to be collected in the
same manner and at the same time as other taxes are col-
lected.
5. All assessments of $ or less are payable in the
first year in which the assessment is imposed.
6. This by-law comes into force on the passing thereof and may
be cited as" By-law".
First Reading
Second Reading
Provisionally adopted this day of ,
19
Head of Municipality
Third Reading
Enacted this day of
,19.
Head of Council
Clerk
O. Reg. 300/81, s. 2.
Forms
Drainage Act
For Use by District or Regional Municipalities
Borrowing By-law of
The Corporation of
(hereinafter termed the regional municipality)
A by-law to raise money for a drainage works in the
of
(hereinafter termed the area municipality) in the District or Regional
Municipality of (hereinafter termed the
regional municipality).
Whereas the requisite number of owners have petitioned the coun-
cil of the
of in the District or Regional Municipal-
ity of in accordance with the provisions
of the Drainage Act, requesting that certain lands and roads be
drained by a drainage works.
And whereas the said council has procured a report made by
and has adopted such report.
And whereas the estimated total cost of constructing the drainage
works is $
And whereas $ is the amount to be contributed by
the area municipality for construction of the drainage works.
And whereas the council of the area municipality has applied to
the regional municipality to issue a debenture on its behalf in an
amount not greater than the area municipality's liability in respect of
the said drainage works.
Therefore the council of the
of enacts as follows:
1.— (1) The Corporation of the
of may borrow on the credit of
the Corporation the amount of $ , being the
amount to be contributed by the area municipality for con-
struction of the drainage works.
(2) The Corporation may issue debentures for the amount bor-
318
Reg./Règl. 274
DRAINAGE
Reg./Règl. 275
rowed and such debentures shall be tnade payable within
years from the date of the debenture and shall
bear interest at a rate not higher than the rate charged by The
Ontario Municipal Improvement Corporation on the date of
sale of such debentures.
2. This by-law comes into force on the passing thereof and may
be cited as " By-law".
First Reading
Second Reading
Provisionally adopted this day of , 19
Head of Municipality
Qerk
Third Reading
Enacted this day of
19.
Head of Council
Qerk
R.R.O. 1980, Reg. 246, Form 8.
Form 9
Drainage Act
NOTICE OF COMPENSATION PAID
Notice is hereby given that compensation for injury to or sever-
ance of lands affected by the "
Drainage Works" has been paid to the owners thereof in respect of
the lands described herein in the amounts set out opposite the
description of such lands.
Concession
Parcel of Land
or part thereof
Hectares
affected
Compensa-
tion paid
Dated at , this day of .
,19..
(Clerk)
R.R.O. 1980, Reg. 246, Form 9.
REGULATION 275
RULES OF PRACTICE AND PROCEDURE
TO BE FOLLOWED IN ALL PROCEEDINGS
BEFORE THE REFEREE
1. In these Rules,
"local regsistrar" means the local registrar of the Ontario Court
(General Division) for the area in which the initiating municipality
is situate;
"office of the local registrar" means the office of the Ontario Court
(General Division) for the area in which the initiating municipality
is situate. R.R.O. 1980, Reg. 247, s. I, revised.
2. All proceedings before the referee may be instituted by,
(a) notice of appeal to the referee; or
(b) notice of motion. R.R.O. 1980, Reg. 247, s. 2, revised.
3.— (1) Every notice originating a proceeding before the referee
shall be endorsed with a notice,
(a) requiring an appearance to be entered in the office of the
local registrar in the area in which the notice instituting the
proceeding is filed; and
(b) in the following form:
Take Notice that you are required within fifteen days
after the service of this notice on you, inclusive of
the day of service, to cause an appearance to be
entered for you in the office of the local registrar of
the area of and in
default of your so doing you shall not be entitled to
notice of any further proceedings herein.
(2) In all proceedings before the referee the following title of the
proceeding shall be used:
In the Court of the Drainage Referee
Between A.B. Appellant
and
CD. Respondent
R.R.O. 1980, Reg. 247, s. 3, revised.
4. Every notice instituting a proceeding before the referee shall
be filed in the office of the local registrar. R.R.O. 1980, Reg. 247,
s. 4, revised.
5.— (1) Where an appellant institutes a proceeding in person, the
notice instituting the proceeding shall be endorsed with the place of
residence and occupation of the appellant.
(2) Where the appellant resides more than five miles from the
office of the local registrar, the notice instituting the proceeding shall
contain the name and address of a nominee of the appellant and the
address of the nominee shall not be more than five miles from the
office of the local registrar.
(3) All documents requiring to be personally served upon the
appellant may be served upon the nominee of the appellant and ser-
vice of the documents on the nominee shall be deemed to be effec-
tive service upon the appellant.
(4) Where an appellant who resides more than five miles from
the office of the local registrar fails to name a nominee or give the
correct address of the nominee, any document requiring to be per-
sonally served upon the appellant shall be deemed to be effectively
served if it is posted up in the office of the local registrar. R.R.O.
1980, Reg. 247, s. 5, revised.
6. Where the Act or these Rules require that service of any docu-
ment is to be made upon a municipal corporation, effective service of
the document may be made by serving the document upon the head
of the council of the municipality or upon the clerk of the municipal
corporation. R.R.O. 1980, Reg. 247, s. 6.
319
Reg./Règl. 275
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Reg./Règl. 275
7. A notice by which any proceeding under the Act is instituted
shall be deemed to have been effectively served upon a party respon-
dent if service of the notice is accepted, and an undertaking to
appear is given, by a solicitor on behalf of the party respondent.
R.R.0. 1980, Reg. 247, s. 7.
8. Where it is provided by the Act or these Rules that an affidavit
of service of a copy of a document or of any notice shall be filed with
the local registrar, an acceptance of service by a solicitor may be filed
in lieu of the affidavit of service. R.R.O. 1980, Reg. 247, s. 8,
revised.
9. Where a respondent is served with a notice of appeal or other
notice originating a proceeding, other than a notice of motion on an
application, the respondent shall enter an appearance within fifteen
days after the service, including the day of service. R.R.O. 1980,
Reg. 247, s. 9.
10. A respondent shall enter an appearance by filing, with the
local registrar in whose office the notice of appeal or other notice
instituting a proceeding has been filed, a memorandum in writing
requesting the entry of the appearance and,
(a) stating the name and place of business of the solicitor by
whom the memorandum is filed; or
(b) where the respondent appears in person, giving the respon-
dent's address and the address for service, being not more
than five miles from the office of the local registrar.
R.R.O. 1980, Reg. 247, s. \0, revised.
11. Where a memorandum of appearance does not contain the
address of the respondent or the address of the respondent's solicitor
or of a person nominated under subsection 5 (2), the memorandum
of appearance shall not be filed and, where an address for service is
illusory or fictitious, the appearance shall be set aside by the referee
and thereafter, unless the referee otherwise orders, the appellant
may proceed as if the respondent had not entered an appearance.
R.R.O. 1980, Reg. 247, s. 11.
12. As soon as a memorandum of appearance is filed, the local
registrar shall enter the appearance in the procedure book. R.R.O.
1980, Reg. 247, s. 12, revised.
13.— (1) A respondent may enter an appearance at any time
before judgment and, where a respondent enters an appearance after
the time limited for entering appearances, the respondent shall forth-
with give notice of the appearance.
(2) Where a respondent enters an appearance after the time lim-
ited for entering appearances and omits to give notice of the appear-
ance, the appellant may proceed as if no appearance had been
entered.
(3) Where a respondent enters an appearance after the time lim-
ited for entering appearances, the terms as to costs or otherwise
under which the appearance may be entered are in the discretion of
the referee. R.R.O. 1980, Reg. 247, s. 13.
14. Where there is default of appearance, the party in default is
not entitled to notice of any further proceedings other than the post-
ing up of documents in the office of the local registrar. R.R.O.
1980, Reg. 247, s. 14, revised.
15.— (1) The appellant may, within ten days after the respondent
has entered an appearance or within ten days of the time limited for
entering appearances, move before the referee, after giving seven
clear days notice, for an order fixing the procedure to be followed.
(2) Where the appellant fails to move for an order fixing the pro-
cedure to be followed within the time limit prescribed in subsection
(1), any party to the proceeding may apply to the referee, on seven
clear days notice to the other parties to the proceeding, for an order
fixing the procedure to be followed.
(3) Where an application for an order fixing the procedure to be
followed has been made, the referee, unless he or she has reason for
postponing the giving of directions as to any proceeding, shall make
an order,
(a) directing all the subsequent procedures to be taken by all
parties; and
(b) fixing the times for the procedures,
and the order shall be carried out by requisition orders issued by the
local registrar in whose office the order is filed. R.R.O. 1980, Reg.
247, s. 15, revised.
16. Any party to the proceeding may, after the time for entering
appearances has expired, apply to the referee for a date for the
hearing. R.R.O. 1980, Reg. 247, s. 16.
17. A copy of the order under subsection 15 (3) and of any other
orders or appointments made by the referee shall be forthwith served
upon the other party, or parties, and filed with the local registrar in
whose office the procedures are pending. R.R.O. 1980, Reg. 247,
s. 17, revised.
18. Where an application is made under the Act upon affidavit,
copies of the affidavit and of notice of the application shall be served,
and any party may, upon being served, apply to the referee for an
order fixing the procedure in the same manner and with the same
results as provided for in section 15 and, where an application for an
order of procedure is not made, affidavits in answer shall be filed and
served within ten days after service of the notice and affidavits in
reply shall be filed and served within ten days after the service of the
affidavits in answer. R.R.O. 1980, Reg. 247, s. 18.
19. Where, in the opinion of the referee, it is desirable for the
due dispatch of business and for the public convenience to appoint
fixed dates for sittings, the referee shall appoint dates for sittings in
such areas as the referee considers advisable and he or she shall
notify the local registrar in each of the areas for which dates for sit-
tings have been appointed and each registrar so notified shall cause
notice of the dates for sittings to be posted up in his or her office.
R.R.O. 1980, Reg. 247, s. \9, revised.
20.— (1) Except as provided in subsection (2), a party is not enti-
tled, unless the referee so directs, to examine for discovery the engi-
neer or surveyor who prepared a report in respect of the drainage
works in question.
(2) Where the proceeding is to quash a by-law passed under the
Act or is an appeal from the report of an engineer or surveyor, the
referee may, upon the request of an appellant, permit the examina-
tion for discovery of the engineer or surveyor who prepared the
report. R.R.O. 1980, Reg. 247, s. 20.
21. Where sittings have been appointed as provided in section 19,
any party affected may bring on for trial or hearing at the sittings any
action or proceedings under the Act by giving to the other party, or
parties, affected fourteen days notice and by setting the proceeding
down for trial by requisition to the local registrar not less than six
clear days before the date appointed for the sittings. R.R.O. 1980,
Reg. 247, s. 21, revised.
22. Despite sections 2 to 21, the referee may, upon an application
being made to him or her, appoint a special date for the trial or hear-
ing of any proceeding under the Act. R.R.O. 1980, Reg. 247, s. 22,
revised.
23. Unless the referee otherwise directs, the party instituting the
proceeding shall, at least six days before the trial, deposit with the
local registrar for the use of the referee a certified copy of the notice
initiating the proceeding together with all orders, all defences and
objections to the appeal or reference and any other documents filed
relating to the issues to be tried. R.R.O. 1980, Reg. 247, s. 23,
revised.
320
Reg./Règl. 275
DRAINAGE
Reg./Règl. 275
24.— (1) Where a municipal corporation is a party in a trial of any
proceeding under the Act, the municipal corporation shall, unless
otherwise ordered by the referee, produce at the hearing all docu-
ments within its possession or control relating to the drainage works,
including all reports, plans, specifications, assessments, by-laws, pro-
visional by-laws, resolutions, correspondence and copies of notices
sent to ratepayers entitled to notice.
(2) The referee may require the production of all documents,
referred to in subsection (1), by any municipality whether or not the
municipality is a party in any proceedings before the referee.
(3) Where the referee requires a copy, or copies, of the evidence
taken by a stenographic reporter during a trial in a proceeding under
the Act, the party initiating the proceeding shall supply the copy, or
copies of the evidence and, unless the referee otherwise orders the
costs of the copy, or copies of the evidence shall be assessed in the
cause. R.R.O. 1980, Reg. 247, s. 24.
25. Non-compliance with these Rules shall not nullify any notice
or any other proceeding unless the referee otherwise directs, but any
notice or any other proceeding may be set aside by the referee either
wholly or in part as irregular. R.R.O. 1980, Reg. 247, s. 25.
26. In any hearing before the referee where oral evidence is to be
tendered and where the initiating municipality or any other munici-
pality that has procured a report for repair or improvement of a
drainage works is a party to the proceeding, the municipality shall
ensure the attendance at the hearing of the engineer who made the
latest report to the council of the municipality in respect of the drain-
age works. R.R.O. 1980, Reg. 247, s. 26.
27.-(l) Where,
(a) a municipality is a party; and
(b) an engineer who has reported to the municipality in respect
of the drainage works is present,
the referee may, at the commencement of a hearing and before any
evidence is tendered, call upon the engineer to give evidence in
respect of such matters within the engineer's knowledge as the ref-
eree considers likely to be of assistance in delineating the issues in
dispute, and the engineer when called upon by the referee shall be
regarded as an expert witness called by the court and shall not, while
giving the evidence, be eligible to be examined or cross-examined by
any of the parties.
(2) Where an engineer is called upon to give evidence under sub-
section (1) by the referee, the engineer is eligible to be called upon at
a later stage of the hearing as a witness for any party to the
proceeding. R.R.O. 1980, Reg. 247, s. 27.
28. An application to set aside any proceeding because of irregu-
larity shall be made within thirty days and the referee may disallow
such an application where the party making the application has taken
a fresh step after knowledge of the irregularity. R.R.O. 1980, Reg.
247, s. 28.
29. Unless the referee otherwise orders, there shall be at least
seven clear days between the service of a notice of a motion and the
day for a hearing. R.R.O. 1980, Reg. 247, s. 29.
30. The referee may increase or decrease the time appointed by
these Rules, or fixed by order, for doing any act or commencing any
proceeding upon such terms as the referee considers just, and any
increase or decrease of time may be ordered although the application
for the increase or decrease is not made until after the expiration of
the time appointed or allowed. R.R.O. 1980, Reg. 247, s. 30.
31. Every local registrar shall, at the request of any party and
upon receiving a requisition for the purpose and payment of the nec-
essary postage and express charges for the transmission and return of
the same, transmit to the referee the proceeding on file in his or her
office. R.R.O. 1980, Reg. 247, s. 31, revised.
32. Unless by consent of the parties or by leave of the referee, no
trial shall take place or motion be heard during the long vacation or
the Christmas vacation as prescribed in Rule 3.03(1) of Regulation
194 of Revised Regulations of Ontario, 1990, being the Rules of Civil
Procedure. R.R.O. 1980, Reg. 247, s. 32.
33. The referee may fix the amount of fees and expenses to be
allowed as between party and party for a professional or expert wit-
ness or witnesses. R.R.O. 1980, Reg. 247, s. 33.
321
Reg./Règl. 276
Reg./Règl. 276
Drugless Practitioners Act
Loi sur les praticiens ne prescrivant pas de médicaments
REGULATION 276
CHIROPRACTORS
Dernitions
1. In this Regulation,
"Board" means The Board of Directors of Chiropractic;
"secretary-treasurer" means the secretary-treasurer of the Board.
R.R.O. 1980, Reg. 248, s. 1.
Registration
2. The secretary-treasurer shall maintain a register of persons
admitted to practise as chiropractors. R.R.O. 1980, Reg. 248, s. 2.
3. The secretary-treasurer shall register as a chiropractor any per-
son who,
(a) is of good moral character;
(b) is at least eighteen years of age;
(c) has passed the examinations prescribed by section 18; and
(d) has paid the registration fee prescribed by clause 9 (a).
R.R.O. 1980, Reg. 248, s. 3.
4. The secretary-treasurer may register any person who,
(a) complies with the requirements of subsection 20 ( 1 );
(b) has passed the examinations prescribed by the Canadian
Chiropractic Examining Board, or any predecessor thereof,
for the subjects mentioned in section 18; and
(c) pays the registration fee prescribed by clause 9 (a).
R.R.O. 1980, Reg. 248, s. 4.
5. The secretary-treasurer shall register any person who,
(a) is registered as a chiropractor in a jurisdiction,
(i) outside Ontario under regulations similar to this
Regulation, and
(ii) in which persons registered as chiropractors under
the Act may register without examination; and
(b) pays the registration fee prescribed by clause 9 (a).
R.R.O. 1980, Reg. 248, s. 5.
6. The secretary-treasurer may register any applicant,
(a) who has obtained a chiropractic degree or diploma from a
school referred to in section 26, or a school accredited by an
accrediting agency in the jurisdiction in which the school is
situate, if any, and providing that the accrediting agency is
recognized by the Government in the jurisdiction in which
the agency is operating;
(b) who,
(i) has successfully completed an approved residency
program as established by a school referred to in sec-
tion 26, or
(ii) has a fellowship or specialty certification in an
approved specialty recognized by a school referred
to in section 26, or
(iii) has a minimum of five years practice as a chiroprac-
tor;
(c) who has an appointment as a full-time educational instruc-
tor at a school referred to in clause 26 (1) (a); and
(d) who produces evidence that there has been no finding of,
and that there is no current proceeding involving, an allega-
tion of professional misconduct, incompetence or being
physically or mentally incapacitated or any like finding or
proceeding, in respect of the applicant's chiropractic regis-
tration in any jurisdiction where the applicant practised as a
chiropractor. O. Reg. 521/82, s. 1.
7.— (1) The registration of a chiropractor expires with the first
Monday in February in each year.
(2) The secretary-treasurer shall renew the registration for one
year where the chiropractor pays the renewal fee prescribed by
clause 9 (b). R.R.O. 1980, Reg. 248, s. 6.
8.— (1) Where a registered chiropractor fails to pay the renewal
fee on or before the expiry date, the secretary-treasurer shall notify
the chiropractor by registered mail addressed to his or her last known
address appearing on the register that his or her registration has
expired.
(2) Where a chiropractor whose registration has expired pays the
fee prescribed by clause 9 (c), within two years of the expiry date the
secretary-treasurer shall register the chiropractor. R.R.O. 1980,
Reg. 248, s. 7.
9. The fees to be paid by a chiropractor are,
(a) on registration, $185;
(b) on renewal of registration before a registration expires,
$375;
(c) where the chiropractor's registration has expired and the
chiropractor applies for renewal of registration within two
years of the date of expiry of the registration, $565; and
(d) where the chiropractor's registration has expired and the
chiropractor applies for renewal of registration two years or
more after the date of expiry of registration, $625.
O. Reg. 35/88, s. 1.
10. Where a registration has not been renewed and more than
two consecutive years have passed since the date of expiry of the reg-
istration, the Board may re-register the chiropractor If he or she,
(a) pays the fee prescribed by clause 9 (d);
(b) passes such examinations as the Board may prescribe; and
(c) submits proof in a form satisfactory to the Board of his or
her competence as a chiropractor. R.R.O. 1980, Reg.
248, s. 9; O. Reg. 557/85, s. 2.
323
Reg./Règl. 276
DRUGLESS PRACTITIONERS
Reg./Règl. 276
Discipline
11.— (1) The Board may, after a hearing, suspend or cancel the
registration of any person found to be guilty of misconduct or to have
been ignorant or incompetent.
(2) Before holding the hearing, the Board shall send by regis-
tered mail to the chiropractor at his or her last known address
appearing on the register, a notice,
(a) giving the details of the alleged misconduct, ignorance or
incompetence and the nature of the evidence in support
thereof; and
(b) appointing the date, time and place for the hearing.
(3) The Board shall allow at least ten clear days between the date
of sending the notice and the date for the hearing.
(4) If the chiropractor fails to attend the hearing on the date and
at the time and place appointed, the hearing may proceed and a deci-
sion may be made in the chiropractor's absence.
(5) At the hearing, the chiropractor is entitled to hear the evi-
dence against him or her, to cross-examine thereon, to call witnesses
in his or her behalf and to present argument.
(6) The chiropractor may be represented at the hearing by coun-
sel or by an agent.
(7) Where the Board decides to suspend a registration, the period
of suspension shall not be longer than three months. R.R.O. 1980,
Reg. 248, s. 10.
12.— (1) The Board may appoint an inspector for the investigation
of complaints made against a chiropractor.
(2) The inspector shall investigate a written complaint that a chi-
ropractor has been guilty of misconduct or displayed such ignorance
or incompetence as to render it desirable in the public interest that
his or her registration be cancelled or suspended.
(3) The inspector shall report to the Board on every investigation
made by him or her. R.R.O. 1980, Reg. 248, s. 11.
13.— (1) No chiropractor shall publish, display, distribute or cause
or permit directly or indirectly, the publishing, display, distribution
or use of any notice, advertisement or material of any kind whatso-
ever related to the practice of chiropractic containing anything other
than the chiropractor's name, address, telephone number, office
hours, professional title, without first submitting the proposed
notice, advertisement or material to the Board which may grant or
refuse permission to publish, distribute or use such notice, advertise-
ment or material.
(2) A chiropractor who contravenes subsection (1) shall be
deemed to be guilty of misconduct within the meaning of this Regu-
lation.
(3) A chiropractor who publishes, displays, distributes or causes
or permits, directly or indirectly the publishing, display, distribution
or use of any advertisement, notice or material of any kind whatso-
ever that contains falsehoods, misrepresentations, misleading or dis-
torted statements as to bodily functions or malfunctions of any kind,
or as to cures by any method of treatment used by the chiropractor
or as to his or her training, qualifications or attainments shall be
deemed guilty of misconduct within the meaning of this Regulation.
R.R.O. 1980, Reg. 248, s. 12.
Designations
14. No person other than a chiropractor registered under the Act
shall advertise or use any title or add any affix to his or her name sig-
nifying that he or she is qualified to practise as a chiropractor.
R.R.O. 1980, Reg. 248, s. 13.
15. As an occupational designation, chiropractors may describe
themselves as chiropractors only. R.R.O. 1980, Reg. 248, s. 14.
Allowance for Board
16. The daily allowance for,
(a) members of the Board, not including the chair, is $200; and
(b) for the chair, is $225,
together with their necessary travelling and other expenses while
actually engaged on the business of the Board. R.R.O. 1980, Reg.
248, s. 15.
Audit
17. The Board's accounts shall be audited annually by a chartered
accountant. R.R.O. 1980, Reg. 248, s. 16.
Examinations
18.— (1) The Board shall prescribe examinations for the admis-
sion of chiropractors to practise in Ontario, upon the subjects pre-
scribed by subsection (2). R.R.O. 1980, Reg. 248, s. 17 (1).
(2) The subjects for examination are,
(a) anatomy;
(b) neurology;
(c) physiology;
(d) microbiology and public health;
(e) physiological chemistry;
(f) diagnosis and symptomatology;
(g) pathology; and
(h) principles of practice, technique and treatment. R.R.O.
1980, Reg. 248, s. 17 (2); O. Reg. 256/85, s. 1.
(3) The examination on the subjects mentioned in,
(a) clauses (2) (a) to (g) shall be written; and
(b) clause (2) (h) shall be written and oral. R.R.O. 1980,
Reg. 248, s. 17 (3).
(4) A candidate passes the examinations if the candidate obtains
a mark of not less than 50 per cent in each subject set out in subsec-
tion (2) and has an average mark of 60 per cent or greater in all the
subjects set out in subsection (2). O. Reg. 223/85, s. 1.
19.— (1) The Board shall conduct or cause to be conducted by the
Canadian Chiropractic Examining Board examinations at least once
a year. O. Reg. 515/84, s. 1.
(2) The Board shall conduct or cause to be conducted supplemen-
tal examinations within four months after the examinations referred
to in subsection (1) are held. R.R.O. 1980, Reg. 248, s. 18 (2).
20.— (1) Any person who is of good moral character and has grad-
uated from a school referred to in section 26 may apply to the secre-
tary-treasurer as a candidate for the examinations. R.R.O. 1980,
Reg. 248, s. 19 (1); O. Reg. 20/84, s. 1 (1, 2), revised.
(2) Application for examination shall be made in Form 1 to the
secretary-treasurer at least thirty days before the examination is to
be held. R.R.O. 1980, Reg. 248, s. 19 (2).
(3) The application shall be accompanied by.
324
Reg./Règl. 276 PRATICIENS NE PRESCRIVANT PAS DE MÉDICAMENTS Reg./Règl. 276
(a) two letters of character; (2) The course in chiropractic shall include not less than four aca-
demic years of nine months each with at least 4,200 hours of instruc-
(b) a certificate in Form 2 from the head of the teaching staff of tion in the following subjects:
a school referred to in section 26; and
1. Anatomy, including dissection.
(c) the examination fee prescribed by section 23. R.R.O.
1980, Reg. 248, s. 19 (3); O. Reg. 20/84, s. 1 (3). 2. Physiology.
(4) The Board shall review the application and, if it complies with j Chemistry
the provisions of this Regulation, the Board shall cause the secre-
tary-treasurer to notify the candidate of the time and place fixed for . ....... J
the examination. R.R.O. 1980, Reg. 248, s. 19 (5). ^- Medical jurisprudence.
21.— (1) A person who has been notified under subsection 20 (4) ^- "atno'ogy-
and who has paid the fees prescribed by section 23 may try the
examinations. R.R.O. 1980, Reg. 248, s. 20 (1). 6. Psychology.
(2) A person who tries the examinations and who fails in three 7. Ophthalmology,
subjects or less or obtains a 50 per cent mark in each subject set out
in subsection 18 (2) but fails to obtain an average mark of 60 per cent g. Otolaryngology,
in all the subjects set out in that subsection may try supplemental
examinations in the subjects set out in subsection 18 (2) if the fees set g Histoloev
out in section 23 are paid. O. Reg. 223/85, s. 3, revised.
22. A candidate for examination or supplemental examination
shall be allowed IVi hours for each subject written and thirty minutes ,, ,^- ■ j ,
for the oral examination. R.R.O. 1980, Reg. 248, s. 21. ^l" D'^gnos.s and symptomatology.
Fees ON Examination *2- Radiology.
23. The fee to be paid on examination is, 13- First aid and minor surgery.
(a) $75 for each subject at an examination; and 14- Psychiatry.
(b) $100 for each subject at a supplemental examination, 15. Bacteriology.
but in no case shall the total fee paid on examination exceed $200. 16. Hygiene and sanitation.
O. Reg. 104/87, s. 1.
17. Obstetrics.
Examiners
18. Clinical training.
24.— (1) At least three months before the date of an examination
or supplemental examination, the Board shall appoint sufficient 19. principles of practice, technique and treatment. R.R.O.
examiners, including a presiding examiner, to conduct the examina- 1980, Reg. 248, s. 26.
tion.
Form 1
(2) No person shall be appointed as a presiding examiner unless
he or she is a member of the Board. R.R.O. 1980, Reg. 248, s. 23. Dmgless Practitioners Act
25.-(l) The presiding examiner shall, APPLICATION FOR REGISTRATION AS A CHIROPRACTOR
BY EXAMINATION
(a) prepare with the assistance of the examiners the examina-
tion paper for each subject; t -m. c . -r
'^ '^ ■' To: The Secretary-Treasurer,
/u\ u •• .L ■ .• J J 1 / X. Board of Directors of Chiropractic.
(b) submit the examination paper prepared under clause (a) to "^
the Board; and .
■>
(c) conduct the examination at the time set by the Board. ^ '
(2) No paper shall be submitted to a candidate for examination V hh \
unless the examination paper has been approved by the Board. ^ ^
R.R.O. 1980, Reg. 248, s. 25. , , ^. ,. ^ ■ ^ ,,
apply for registration as a chiropractor and in support submit the fol-
SCHOOLS FOR Chiropractors '°*'"g information:
26.— (1) An applicant for examination shall complete a course of 1- Date and place of birth:
instruction in a training school,
2. Address:
(a) in Ontario that conducts a course in chiropractic as set out (post office) (province)
in subsection (2); or
3. My preliminary education comprised:
(b) in any jurisdiction outside of Canada that conducts a course
in chiropractic as set out in subsection (2) and is accredited
by the Accreditation Commission of the Council on Chiro-
practic Education.
325
Reg./Règl. 276
DRUGLESS PRACTITIONERS
Reg./Règl. 278
4. I graduated from the Chiropractic
School or College at
5. I attended the following lectures at the School or College
mentioned in paragraph 4 and I hold certificates in the follow-
ing optional courses:
Date
. day of
.,19.
(signature of applicant)
R.R.O. 1980, Reg. 248, Form 1.
Form 2
Drugless Practitioners Act
CERTIFICATE OF EDUCATION IN CHIROPRACTIC
I, , head of
(name)
the teaching staff of
(school or college)
hereby certify that has successfully
(name of graduate)
completed the course in chiropractic at
Date day of
(school or college)
,19
(signature)
R.R.O. 1980, Reg. 248, Form 2.
REGULATION 277
CLASSIFICATIONS
Chiropractors
1-— (1) Persons who follow the system of treatment prescribed by
subsection (2) are classified as chiropractors.
(2) The system of treatment that may be followed by chiroprac-
tors is the treatment of persons by the relief of interference with the
normal functioning of the nervous system of the body by the adjust-
ment or the manipulation or both of the articulations and the tissues
thereof, more especially those of the spinal column and when neces-
sary with the aid of,
(a) exercise;
(b) light;
(c) thermotherapy;
(d) hydrotherapy; or
(e) electrotherapy. R.R.O. 1980, Reg. 249, s. 1.
Masseurs
2.— (1) In this section "association" includes a club, corporation
or unincorporated organization.
(2) Persons who follow the system of treatment prescribed by
subsection (3) are classified as masseurs.
(3) The system of treatment that may be followed by masseurs is
the treatment of persons by,
(a) the kneading, rubbing and massaging of the body, but with-
out adjusting or attempting to adjust any bony structure
thereof;
(b) the use of steam baths, electric baths, electric light baths,
vapour baths or fume baths; and
(c) the use of thermal or ultra-violet lamps.
(4) Subsection (2) does not apply to a trainer who is employed by
an athletic association for services rendered by him or her to mem-
bers of the athletic association during their training or playing
season. R.R.O. 1980, Reg. 249, s. 2.
Physiotherapists
3.— (1) In this section, "prescription" means a direction of a duly
qualified medical practitioner directing a physiotherapist to treat a
named person.
(2) Persons who follow the system of treatment prescribed by
subsection (3) are classified as physiotherapists. R.R.O. 1980, Reg.
249,5.3(1,2).
(3) The system of treatment that may be followed by physiothera-
pists is the treatment of persons upon a prescription by,
(a) the massaging and manipulating of the body;
(b) the use of,
(i) radiant and electrical energy, except radiant energy
from radioactive materials or X-ray machines, and
(ii) mechanical energy; and
(c) the exercising of the body in any suitable medium.
R.R.O. 1980, Reg. 249, s. 3 (3); O. Reg. 738/83, s. Upart,
revised.
(4) The prescription referred to in subsection (3) is not necessary
if a physiotherapist was registered under the Act on or before the
31st day of January, 1955. R.R.O. 1980, Reg. 249, s. 3 (3), part,
revised.
REGULATION 278
GENERAL
Definitions
1. In this Regulation,
"Board" means The Board of Directors of Drugless Therapy;
'drugless therapist" means any person who practises or advertises or
holds themself out in any way as practising the treatment by diag-
nosis, including all diagnostic methods, direction, advice, written
or otherwise, of any ailment, disease, defect or disability of the
human body by methods taught in colleges of drugless therapy or
naturopathy and approved by the Board. R.R.O. 1980, Reg.
250, s. I, revised.
326
Reg./Règl. 278
PRATICIENS NE PRESCRIVANT PAS DE MEDICAMENTS
Reg./Règl. 278
Registration
2. Any person being eighteen years of age may apply to the
Board for registration as a drugless therapist. R.R.O. 1980, Reg.
250, s. 2.
CLASSinCATIONS
3. Drugless therapist is a classification,
s. 3.
R.R.O. 1980, Reg. 250,
SCHCX)LS AND COLLEGES
4. No school or college teaching drugless therapy shall be
approved by the Board, unless its course of instruction is at least four
years of nine months in each year and it teaches a minimum course of
at least 4,200 fifty-minute hours or its equivalent in the subjects of.
Anatomy (including all branches, gross Anatomy,
Dissection, etc.)
Physiology
Chemistry
Medical Jurisprudence
Pathology
Psychology
Eye, Ear, Nose and Throat
Histology
Dietetics
Diagnosis
First Aid and Minor Surgery
Psychiatry
Gynecology
Bacteriology
Hygiene and Sanitation
Symptomatology
Obstetrics
Principles of Practice, Technique and Treatment.
R.R.O. 1980, Reg. 250, s. 4, revised.
Fees
5.— (1) There shall be paid for the purposes of the Board,
(a) with each application for registration as a drugless therapist
a fee of $200; and
(b) with each application for renewal of registration as a drug-
less therapist a fee of $275. O. Reg. 19/84, s. 1, part;
O. Reg. 22/85, s. 1; O. Reg. 13/88, s. 1.
(2) An additional fee of $100 shall be paid for each application
for renewal received after the 28th day of February in any year.
O. Reg. 19/84, s. I, pan.
(3) Despite subsections (1) and (2), where a drugless therapist is
residing outside of Ontario and is not providing services in Ontario,
the fee for registration in Ontario as a drugless therapist is $50.
O. Reg. 242/81, s. l,part.
Trainers
6. This Regulation does not apply to or affect trainers for athletic
or sporting clubs or associations so long as they confine their services
to members of such clubs or associations during their training or
playing season. R.R.O. 1980, Reg. 250, s. 6.
Registration
(a) classification under which registration is desired;
(b) preliminary education of the applicant prior to admission to
college or graduation;
(c) name and post office address of the college of graduation;
(d) actual time of attendance at lectures in the college of gradu-
ation, subjects taught and the number of lecture hours
devoted to each subject;
(e) references to character, professional status and efficiency in
practice; and
(f) any other information required by the Board.
(3) Every registration and renewal thereof shall remain in force
until the end of the calendar year. R.R.O. 1980, Reg. 250, s. 7.
8. A drugless practitioner is entitled to renew his or her registra-
tion upon making application therefor and paying the prescribed fee.
R.R.O. 1980, Reg. 250, s. 8.
9.— (1) A drugless therapist shall be entitled to renew his or her
registration upon making application therefor and paying the pre-
scribed fee as set out in clause 5 (1) (b) and subsection 5 (2), pro-
vided the application for renewal is made within two years from the
date of expiry of the said registration.
(2) A drugless therapist who has failed to renew his or her regis-
tration for two years may renew the registration by,
(a) submitting an application for registration on a form
approved by the Board;
(b) passing such examinations as the Board may prescribe; and
(c) paying the fee prescribed in clause 5 (1) (b) for an applica-
tion for registration. R.R.O. 1980, Reg. 250, s. 9.
10. A certificate of registration and of every renewal thereof shall
be issued to the applicant. R.R.O. 1980, Reg. 250, s. 10.
11. Any person who commences a course of instruction for the
purpose of qualifying to practise as a drugless practitioner shall,
within thirty days from the commencement of such a course, register
in the office of the secretary of the Board stating what course he or
she is taking but the Board may extend the time for registration.
R.R.O. 1980, Reg. 250, s. 11.
12. The Board may make reciprocal arrangements with other
bodies, councils or boards governing drugless practitioners in juris-
dictions outside Ontario, under which the qualifications to practise in
such jurisdiction may be recognized as qualifications to practise in
Ontario, and qualifications to practise in Ontario may be recognized
as qualifications to practise in such jurisdiction. R.R.O. 1980, Reg.
250, s. 12.
13.— (1) The Board may, in its absolute discretion and in such cir-
cumstances and on such conditions as it considers advisable, remit all
or part of the registration and renewal fees of any registrant who has
lost his or her eyesight.
(2) The Board may, in its absolute discretion, remit all or part of
the renewal fees of any registrant who, by reason of physical disabil-
ity, illness or absence from Ontario, discontinues practise in Ontario
for a period of not less than one year. R.R.O. 1980, Reg. 250,
s. 13.
7.— (1) Every drugless practitioner shall register with the Board.
(2) Applications for registration shall be in writing on a form
approved by the Board, verified by affidavit and accompanied by the
prescribed fee and shall set forth.
Examinations
14. There shall be one regular examination, and when necessary
one supplemental examination in each year, on dates to be fixed by
the Board. R.R.O. 1980, Reg. 250, s. 14.
327
Reg./Règl. 278
DRUGLESS PRACTITIONERS
Reg./Règl. 278
15.— (1) An applicant who fails on more than three subjects is not
eligible for re-examination until the following year.
(2) An applicant for supplemental examinations shall be allowed
to write on only three subjects on such supplemental examinations,
except by permission of the Board. R.R.O. 1980, Reg. 250, s. 15.
16.— (1) No candidate is eligible to try any examination until his
or her candidature has been approved by the Board.
(2) The approval may be given upon proof of the candidate hav-
ing taken the proper course at any of the schools or colleges
approved by the Board, or upon proof of such other course or
courses of instruction, both in professional subjects and in academic
or secondary subjects, as in each case is satisfactory to the Board.
R.R.O. 1980, Reg. 250, s. 16.
17. There shall be paid with each application for examination and
with each application for supplemental examination a fee of $25 for
each examination or supplemental examination paper but the total
examination fee for any regular or supplemental examination shall
not exceed $100. R.R.O. 1980, Reg. 250, s. 17.
Subjects
examination, to complete the examinations in a reasonable time,
having due regard to expense, examination fees and the convenience
of candidates and examiners, and may at any time for similar reasons
vary the number of examiners.
(2) Each examiner shall be notified of his or her appointment and
shall forthwith notify the secretary-treasurer of his or her acceptance,
whereupon the appointment is confirmed and the examiner shall
then receive a copy of the regulations affecting examinations, pay-
ment, rules for examinations and the time set for examinations and,
in default of immediate acceptance, another examiner shall be
appointed.
(3) There shall be at least one examiner in each subject or group
of subjects and he or she shall conduct the examinations, set and
read the written papers and allot marks thereon, and conduct the
oral and clinical examinations with assistance therein if necessary and
shall provide the clinical and other material necessary for the oral
and clinical examinations. R.R.O. 1980, Reg. 250, s. 24.
25.— (1) The presiding examiner of candidates for registration as
drugless practitioners shall be paid on the same basis as he or she is
paid for attendance at regular meetings of the Board.
18. The subjects of examination shall be,
(a) foundational subjects: anatomy, histology, physiology, bac-
teriology, chemistry, hygiene and sanitation, diagnosis,
symptomatology, pathology, gynecology; and
(b) subjects special to principles of practice, technique and
treatment for drugless therapy. R.R.O. 1980, Reg. 250,
s. 18.
19. The examinations shall consist of written, oral and clinical
examinations in each subject. R.R.O. 1980, Reg. 250, s. 19.
(2) Each examiner shall receive $10 for each written examination
paper set and 75 cents for each paper he or she reads and marks, and
shall receive $12.50 for each half-day of three hours or part thereof
for conducting oral and clinical examinations and, in addition, shall
be reimbursed for transportation and expenses. R.R.O. 1980, Reg.
250, s. 25.
26.— (1) At the close of the examinations, whether regular or sup-
plemental, the examiners shall meet and discuss results, finally adjust
marks granted and make due recommendations to the Board regard-
ing the candidates at the examinations and changes recommended
regarding examinations.
20. There shall be two examination periods in each day from 9
a.m. to 11.30 a.m., and from 1.30 p.m. to 4 p.m., but the presiding
examiner may extend any such period for a further half hour.
R.R.O. 1980, Reg. 250, s. 20.
21.— (1) The Board shall arrange a period of three consecutive
days in each year for the regular examinations, which three-day
period may be extended at the discretion of the presiding examiner.
(2) The Board shall further arrange a similar period for supple-
mental examinations when necessary. R.R.O. 1980, Reg. 250,
s. 21.
(2) The presiding examiner shall act as secretary of such meeting
and submit the official report to the Board. R.R.O. 1980, Reg.
250, s. 26.
27. Each examination paper for each examination period shall
comprise one subject and shall consist of one question which the can-
didate is required to answer and five other questions of which the
candidate shall answer any four and the total marks for each exami-
nation paper is 100. R.R.O. 1980, Reg. 250, s. 27.
Standard to be Obtained
22. — (1) Applicants for supplemental examinations shall be those
who have failed in not more than three subjects and such other appli-
cants as are approved by the Board on the grounds of special neces-
sity.
(2) Unless by special leave of the Board, no applicant shall take a
supplemental examination in any subject that he or she has not tried
at the regular examinations. R.R.O. 1980, Reg. 250, s. 22.
23.— (1) Oral and clinical examinations may be arranged by the
presiding examiner during and following the time period of the writ-
ten examinations.
(2) The session for each individual for the oral and clinical exami-
nation shall not exceed thirty minutes and, if taken during a written
examination, the time shall be so extended that the candidate has at
least 2 1/2 hours for each written examination. R.R.O. 1980, Reg.
250, s. 23.
Examiners
24.— (1) The Board shall, at the regular March meeting, appoint
one of its members as presiding examiner for all examinations, and
sufficient examiners, depending on the number of candidates for
28.— (1) A standard of 100 marks for the written answers, and 100
marks for orals and cUnicals, shall be adopted by each examiner.
(2) Written examination results and oral and clinical examination
results in each subject or group of subjects may be grouped together
by each examiner.
(3) At least 50 per cent on each individual subject or group of
subjects and 60 per cent on the total of all examination returns is
required for pass standing.
(4) 75 per cent on all subjects constitutes honour standing.
R.R.O. 1980, Reg. 250, s. 28.
29. The secretary-treasurer of the Board shall arrange for a suit-
able examination hall, furniture and equipment, pencils, stationery,
blotters, examination books or paper and all other material or equip-
ment necessary for the due carrying out of the examinations, and the
cost thereof and of any other material or thing necessary or inciden-
tal to the said examinations shall be paid from the office of the secre-
tary-treasurer on presentation of vouchers, and the payments shall
be confirmed at the next regular meeting of the Board. R.R.O.
1980, Reg. 250, s. 29.
328
Reg./Règl. 278
PRATICIENS NE PRESCRIVANT PAS DE MÉDICAMENTS
Reg./Règl. 279
DiSCIPUNE
30.— (1) The certificate of registration of any dmgiess practitioner
may, after due enquiry by the Board, be either suspended or can-
celled for incompetence, misconduct or breach of this Regulation.
(2) Any drugless practitioner against whom an allegation of mis-
conduct, incompetence, or breach of this Regulation is made, shall
be notified by registered mail, addressed to the practitioner at the
address under which the practitioner is registered, giving notice to
the practitioner of the time and place at which the Board will con-
vene for the purpose of determining whether or not he or she has
been guilty of the alleged misconduct, incompetence or breach of
this Regulation. R.R.O. 1980, Reg. 250, s. 30.
31. No drugless practitioner registered under the Act shall display
any sign, bill, poster or placard holding himself or herself out or
advertising as a drugless therapist, unless the certificate of registra-
tion issued by the Board specifies that such person is registered as a
drugless therapist. R.R.O. 1980, Reg. 250, s. 31.
32. No registrant shall use the words "drugless practitioner" as an
occupational designation but may describe himself or herself only in
the terms of the classification in which he or she is registered.
R.R.O. 1980, Reg. 250, s. 32.
33. No drugless practitioner shall publish or cause to be published
in any newspaper, telephone directory, periodical, circular or in any
other printed matter, any notice or advertisement containing any-
thing other than his or her name, address, telephone number, office
hours, professional titles and type of services rendered, without first
submitting the proposed notice or advertisement to the Board, which
may grant or refuse permission to publish such notice or
advertisement. R.R.O. 1980, Reg. 250, s. 33.
34. A registrant using or causing to be used advertising matter
that contains misstatements, falsehoods, misrepresentations, dis-
torted or fabulous statements as to cures by any method of treatment
used by the registrant or as to the registrant's training, qualifications
or attainments, shall be deemed to be guilty of misconduct within the
meaning of this Regulation. R.R.O. 1980, Reg. 250, s. 34.
Investigation of Complaints
35.— (1) The Board may appoint an inspector for the purpose of
investigating complaints registered against registrants under the Act
or other persons not so registered.
(2) All complaints relating to registrants or unregistered persons
shall be filed with the secretary-treasurer who shall make such fur-
ther investigations as he or she deems necessary and report to the
Board.
(3) The inspector shall be remunerated for his or her time and
expenses as the Board may determine. R.R.O. 1980, Reg. 250,
s. 35.
Cheques
36. All cheques of the Board shall be signed by the chair or vice-
chair and secretary-treasurer. R.R.O. 1980, Reg. 250, s. 36.
Salaries
37. Each member of the Board shall be paid a daily allowance of
$150 together with the member's necessary travelling and living
expenses while actually engaged on the business of the Board.
O. Reg. 696/85, s. 1.
AUDFTORS
38. The accounts of the Board shall be audited by a chartered
accountant annually. R.R.O. 1980, Reg. 250, s. 39.
REGULATION 279
MASSEURS
Definitions
1. In this Regulation,
"Board" means The Board of Directors of Masseurs;
"secretary-treasurer" means secretary-treasurer of the Board.
R.R.O. 1980, Reg. 251, s. 1.
Registration
2. The secretary-treasurer shall maintain a register of persons
admitted to practise as masseurs. R.R.O. 1980, Reg. 251, s. 2.
3. The secretary-treasurer shall register as a masseur any person
who has,
(a) passed the examinations prescribed by section 16 or 17; and
(b) paid the registration fee prescribed by clause 7(1) (a).
R.R.O. 1980, Reg. 251, s. 3; O. Reg. 277/82, s. 1.
4. The secretary-treasurer shall register as a masseur any person
who has,
(a) received his or her education and training outside of
Ontario;
(b) education and training equivalent to that required by sec-
tion 16;
(c) been examined by the Board; and
(d) paid the registration fee prescribed by clause 7 (1) (a).
R.R.O. 1980, Reg. 251, s. 4.
5.— (1) The registration of a masseur expires with the first Mon-
day in February in each year.
(2) The secretary-treasurer shall renew the registration of a per-
son registered as a masseur for one year where the masseur pays the
renewal fee prescribed by clause 7(1) (b). R.R.O. 1980, Reg. 251,
s. 5.
6.— (1) Where a registered masseur fails to pay the renewal fee on
or before the expiry date, the secretary-treasurer shall notify the
masseur by registered mail addressed to his or her last known
address appearing on the register that his or her registration has
expired.
(2) Where a person whose registration as a masseur has expired
and has not been renewed, for a period of time not exceeding three
consecutive years, pays the fee prescribed by clause 7 (1) (c) or (d),
as the case may be, the secretary-treasurer shall register the person
as a masseur. R.R.O. 1980, Reg. 251, s. 6.
7.— (1) The fees to be paid by a masseur are,
(a) on registration, $200;
(b) on renewal of registration, $200;
(c) on renewal of registration if the registration has been
expired for one year or less, $230; or
(d) on renewal of registration if the registration has been
expired for more than one year, $500. O. Reg. 648/90,
s. 1.
(2) A person who has been admitted to practise as a masseur but
who is not practising and applies to the secretary-treasurer may be
329
Reg./Règl. 279
DRUGLESS PRACTITIONERS
Reg./Règl. 279
placed on an inactive register for a period not exceeding two years
where the person pays a fee of $40 for each year of registration.
O. Reg. 580/85, s. 1 (4).
(3) Where a registration of a person as a masseur is not renewed
and more than three consecutive years have passed since the date of
expiry of the registration, the Board shall re-register the applicant
where the applicant,
(a) pays the fee prescribed by clause (1) (d);
(b) passes such examinations as the Board may prescribe; and
(c) submits proof in a form satisfactory to the Board as to the
applicant's competence to practise as a masseur. R.R.O.
1980, Reg. 251, s. 7(3).
Discipline
8.— (1) The Board may, after a hearing, suspend or cancel the
registration of any person found guilty of misconduct or to be igno-
rant or incompetent.
(2) Before holding a hearing, the Board shall send by registered
mail to the masseur at his or her last known address appearing on the
register, a notice,
(a) giving the details of the alleged misconduct, ignorance or
incompetence and the nature of the evidence in support
thereof; and
(b) appointing the date, time and place for the hearing.
(3) The Board shall allow at least ten clear days between the date
of sending the notice and the date for the hearing.
(4) If the masseur fails to attend the hearing on the date and at
the time and place appointed, the hearing may proceed and a deci-
sion may be made in his or her absence.
(5) At the hearing, the masseur is entitled to hear the evidence
against him or her, to cross-examine thereon, to call witnesses in his
or her behalf and to present his or her argument.
(6) The masseur may be represented at the hearing by counsel or
by an agent.
(7) Where the Board decides to suspend the registration, the
period of suspension shall not be longer than ninety days. R.R.O.
1980, Reg. 251, s. 8.
9. For the purpose of section 8 "misconduct" means,
(a) failure to maintain the standard of practice of the profes-
sion;
(b) failure to maintain records in respect of a masseur's
patients;
(c) exceeding the lawful scope of practice;
(d) using terms, titles or designations other than those autho-
rized by this Regulation;
(e) treating or attempting to treat a condition that the masseur
recognizes or should have recognized as being beyond his or
her competence;
(f) failure of a masseur to refer a patient to a legally qualified
medical practitioner when the masseur recognizes or should
have recognized a condition that appears to require medical
examination;
(g) charging fees that are excessive in relation to the services
performed;
(h) falsifying a record in respect of observation or treatment of
a patient;
(i) failure to carry out the terms of an agreement with a
patient;
(j) conviction of an offence that affects the fitness of a masseur
to engage in the practice of massage;
(k) sexual impropriety with a patient;
(1) abusing a patient verbally or physically;
(m) announcing or holding out falsely by a masseur that he or
she has special qualifications;
(n) acting as a masseur while the ability to perform any act as a
masseur is impaired by alcohol or drugs;
(o) knowingly permitting his or her office or clinic to be used
for unlawful purposes;
(p) conduct or an act relevant to the practice of a masseur that,
having regard to all the circumstances, would reasonably be
regarded by masseurs as disgraceful, dishonourable or
unprofessional;
(q) publishing, displaying, distributing or causing or permitting
directly or indirectly, the publishing, display or distribution
or use of any material of any kind whatsoever that is false,
or contains misleading statements or misrepresentations as
to bodily functions or malfunctions of any kind or as to
cures by any method of treatment used by a masseur, or as
to his or her training, qualification or skills. R.R.O. 1980,
Reg. 251, s. 9.
10.— (1) The Board may appoint an inspector who on the direc-
tion of the Board shall investigate a written complaint that a masseur
has been guilty of misconduct or displayed such ignorance or incom-
petence as to render it desirable in the public interest that his or her
registration be cancelled or suspended.
(2) The inspector shall make a written report to the Board of
every investigation made by the inspector. R.R.O. 1980, Reg. 251,
s. 10.
Designations
11. No person other than a masseur registered under the Act shall
advertise or use any title or add any affix to the person's name signif-
ying that the person is qualified to practise as a masseur. R.R.O.
1980, Reg. 251, s. 11.
12. A person registered as a masseur shall not use any occupa-
tional designation in respect of that registration other than Regis-
tered Masseur or Registered Masseuse, Registered Massage Thera-
pist or the letters "Reg. M." or "Reg. M.T.". R.R.O. 1980, Reg.
251, s. 12.
Allowance for Board
13.— (1) Members of the Board shall be paid a daily allowance of
$125 together with their necessary travelling and living expenses
while actually engaged on the business of the Board. O. Reg.
648/90, s. 2.
(2) In addition to the allowance paid under subsection (1), the
secretary-treasurer shall be paid an annual allowance. R.R.O.
1980, Reg. 251, s. 13 (2).
Examinations
14.— (1) The Board shall prescribe examinations for the admis-
sions of masseurs to practise in Ontario, upon the subjects prescribed
by subsection (2).
330
Reg./Règl. 279
PRATICIENS NE PRESCRIVANT PAS DE MEDICAMENTS
Reg./Règl. 279
(2) The subjects for examination are,
(a) anatomy and histology;
(b) physiology;
(c) pathology;
(d) public health;
(e) assessment;
(f) ethics and business management;
(g) treatment; and
(h) clinical practice.
(3) The examination on the subjects mentioned in,
(a) clauses (2) (a), (b), (c), (d), (e), (0 and (g) shall consist of
one oral and two written examinations; and
(b) clause (2) (h) shall be a practical examination. R.R.O.
1980, Reg. 251, s. 14.
15.— (1) The Board shall conduct or cause to be conducted exami-
nations at least once a year.
(2) The Board shall conduct or cause to be conducted supplemen-
tal examinations within four months after the examinations con-
ducted under subsection (1), except that when two examinations a
year are held, the supplementals shall be considered to be part of the
next regular examination. R.R.O. 1980, Reg. 251, s. 15 (1, 2).
(3) An applicant who fails a written examination may apply to
the Board for a review of the examination upon payment of a fee of
$75 for each examination that is reviewed. O. Reg. 648/90, s. 3.
16.— (1) A person may apply to the secretary-treasurer for exami-
nation and registration if the person,
(a) is the holder of a Secondary School Graduation Diploma or
a certificate considered by the Minister as equivalent
thereto; and
(b) has registered in a course of instruction in massage at a pri-
vate vocational school registered under the Private Voca-
tional Schools Act.
(2) An application by a person for examination and registration
as a masseur shall be made within twenty-one days of registration of
the person at the school of massage, in a form supplied by the secre-
tary-treasurer.
(3) At least thirty days before the examinations are to be held, an
applicant who has complied with subsection (2) shall submit to the
secretary-treasurer,
(a) two letters of character reference;
(b) a Secondary School Graduation Diploma or a certificate
considered by the Minister of Health as equivalent thereto;
and
(c) the examination fee prescribed by section 22.
(4) At least ten days before the examinations are to be held there
shall be submitted to the secretary-treasurer a statement from the
head of the private vocational school that the applicant attended stat-
ing that the applicant has attended and successfully completed the
course in massage at the school referred to in clause (1) (b).
(5) Where an applicant complies with subsection (3), the secre-
tary-treasurer shall notify the applicant that the applicant is entitled
to take the examinations. R.R.O. 1980, Reg. 251, s. 16.
17.— (1) Despite section 16, a person may apply to the secretary-
treasurer for examination and registration if the person,
(a) is the holder of a Secondary School Graduation Diploma or
a certificate considered by the Minister as equivalent
thereto; and
(b) has completed at least 1,040 hours of instruction in massage
prior to the 15th day of September, 1982.
(2) At least ten days before the examinations are to be held, an
applicant who has complied with subsection (1) shall submit to the
secretary-treasurer,
(a) two letters of character reference;
(b) a Secondary School Graduation Diploma or a certificate
considered by the Minister of Health as equivalent thereto;
(c) the examination fee prescribed by section 22; and
(d) documentation that 1,040 hours of instruction in massage
have been received. O. Reg. 277/82, s. 2.
18.— (1) An applicant may try the examinations if the applicant,
(a) has been notified under subsection 16 (5) and has paid the
fee prescribed by section 22; or
(b) is eligible under and has complied with section 17.
O. Reg. 277/82, s. 3.
(2) An applicant who has,
(a) tried the examinations and failed in one of the four exami-
nations; and
(b) paid the fee prescribed by section 22,
may try a supplemental examination in the subject that he or she
fails. R.R.O. 1980, Reg. 251, s. 17 (2).
Examiners
19.— (1) At least three months before the date of an examination
or supplemental examination, the Board shall appoint sufficient
examiners including a presiding examiner to conduct the examina-
tion.
(2) No person shall be appointed as a presiding examiner unless
he or she is a member of the Board. R.R.O. 1980, Reg. 251, s. 18.
20. The Board shall pay an examiner other than the presiding
examiner,
(a) $250 for the preparation of each written examination and
$250 for each oral and practical examination;
(b) $200 for each day or less during which the examiner con-
ducts or supervises an examination;
(c) the actual amount spent in travelling and living expenses
while engaged as an examiner; and
(d) $30 for each written examination paper that the examiner
reads and marks. R.R.O. 1980, Reg. 251, s. 19; O. Reg.
618/87, s. 2; O. Reg. 648/90, s. 4.
21.— (1) The presiding examiner shall,
(a) review the examination papers after they have been pre-
pared by the examiner; and
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(b) conduct the examination at tlie time set by the Board.
(2) The presiding examiner shall be paid for his or her services an
amount equal to the amount prescribed by subsection 13 (1).
R.R.O. 1980, Reg. 251, s. 20.
Fees on Examination
22.— (1) An applicant for examination, other than a supplemental
examination, shall pay a fee of $230.
(2) An applicant for a supplemental examination shall pay a fee
of $130. O. Reg. 648/90, s. 5.
REGULATION 280
OSTEOPATHS
Definitions
1. In this Regulation,
"Board" means Board of Directors of Osteopathy;
"secretary-treasurer" means secretary-treasurer of the Board.
R.R.O. 1980, Reg. 252, s. 1.
Registration
2. The secretary-treasurer shall maintain a register of persons
admitted to practice as osteopaths. R.R.O. 1980, Reg. 252, s. 2.
3. The secretary-treasurer shall register as an osteopath any per-
son who,
(a) is of good moral character;
(b) is at least eighteen years of age;
(c) has passed the examinations prescribed by section 12; and
(d) has paid the registration fee prescribed by clause 7 (a).
R.R.O. 1980, Reg. 252, s. 3.
4. The secretary-treasurer shall register any person who,
(a) is registered as an osteopath in a jurisdiction outside
Ontario under regulations similar to this Regulation; and
(b) pays the registration fee prescribed by clause 7 (a).
R.R.O. 1980, Reg. 252, s. 4.
5.— (1) The registration of an osteopath expires with the first
Monday in February in each year.
(2) The secretary-treasurer shall renew the registration for one
year where the osteopath pays the renewal fee prescribed by clause
7 (b). R.R.O. 1980, Reg. 252, s. 5.
6.— (1) Where a registered osteopath fails to pay the renewal fee
on or before the expiry date, the secretary-treasurer shall notify the
osteopath by registered mail addressed to his or her last known
address appearing on the register that his or her registration has
expired.
(2) Where an osteopath whose registration has expired pays the
fee prescribed by clause 7 (c), the secretary-treasurer shall register
the osteopath. R.R.O. 1980, Reg. 252, s. 6.
Fees
7. The fees to be paid by an osteopath are.
(a) on registration, $75;
(b) on renewal of registration, $50; and
(c) where his or her registration has expired, for each year or
part of a year that has passed since the date of expiry of reg-
istration, $25. R.R.O. 1980, Reg. 252, s. 7.
Discipline
8.— (1) The Board may, after a hearing, suspend or cancel the
registration of any person found to be guilty of misconduct or to have
been ignorant or incompetent.
(2) Before holding a hearing, the Board shall send by registered
mail to the osteopath at his or her last known address appearing on
the register a notice,
(a) giving the details of the alleged misconduct, ignorance or
incompetence and the nature of the evidence in support
thereof; and
(b) appointing the date, time and place for the hearing.
(3) The Board shall allow at least ten clear days between the date
of sending the notice and the date for the hearing.
(4) If the osteopath fails to attend the hearing on the date and at
the time and place appointed, the hearing may proceed and a deci-
sion may be made in his or her absence.
(5) At the hearing, the osteopath is entitled to hear the evidence
against him or her, to cross-examine thereon, to call witnesses in his
or her behalf and to present his or her argument.
(6) The osteopath may be represented at the hearing by counsel
or by an agent.
(7) Where the Board decides to suspend the registration, the
period of suspension shall not be longer than thirty days. R.R.O.
1980, Reg. 252, s. 8.
9.— (1) The Board may appoint an inspector for the investigation
of complaints made against an osteopath.
(2) A member of the Board is not eligible for appointment as an
inspector.
(3) The inspector shall investigate a complaint made in writing
that an osteopath has been guilty of misconduct or displayed such
ignorance or incompetence as to render it desirable in the public
interest that his or her registration be cancelled or suspended.
(4) The inspector shall report to the Board on every investigation
made by the inspector. R.R.O. 1980, Reg. 252, s. 9.
Designations
10. No person other than an osteopath registered under the Act
shall advertise or use any title or add any affix to the person's name
signifying that the person is qualified to practise as an osteopath.
R.R.O. 1980, Reg. 252, s. 10.
Alix)Wance for Board
1 1 . — ( 1 ) Members of the Board shall be paid,
(a) a daily allowance; and
(b) an allowance for travelling and living expenses,
in the amounts prescribed by subsection (2) while engaged on the
business of the Board. R.R.O. 1980, Reg. 252, s. 11 (1).
(2) The allowance is.
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(a) $78 a day; and
(b) the actual amount spent in travelling and living expenses.
R.R.O. 1980, Reg. 252, s. 11 (2); O. Reg. 239/83, s. 1.
(3) The amount of the allowance paid under clause (2) (a) to
each member shall not exceed $750 in any one year.
(4) In addition to the allowance paid under subsection (3), the
secretary-treasurer shall be paid an annual allowance of $600.
R.R.O. 1980, Reg. 252, s. 11 (3, 4).
Examinations
12.— (1) The Board shall prescribe written, oral and practical
examinations for the admission of osteopaths to practice in Ontario,
upon the subjects prescribed by subsection (2).
(2) The subjects for examination are,
(a) anatomy and applied anatomy, including histology and
embryology;
(b) physiology, including physiological chemistry;
(c) pathology and bacteriology, including parasitology, immu-
nology, public health and preventive medicine;
(d) surgery, including surgical specialties;
(e) obstetrics, gynaecology and paediatrics;
(f) neurology, psychology and psychiatry; and
(g) osteopathic medicine, including principles, therapeutics,
pharmacology, materia medica and jurisprudence.
R.R.O. 1980, Reg. 252, s. 12.
13.— (1) The Board shall conduct or cause to be conducted exami-
nations at least once a year.
(2) When necessary, the Board shall conduct or cause to be con-
ducted supplemental examinations within four months after the
examinations under subsection (1). R.R.O. 1980, Reg. 252, s. 13.
14.— (1) A person may apply to the secretary-treasurer as a candi-
date for the examination if the person,
(a) is of good moral character;
(b) is the holder of an Ontario Secondary School Graduation
Diploma or an equivalent certificate as determined by the
Minister of Health;
(c) has successfully completed at least two years of preliminary
study at a college or university in a course that includes
physics, organic and inorganic chemistry, biology and
English; and
(d) has graduated from a school or college of osteopathy
referred to in section 18.
(2) Application for examination shall be made in Form 1 to the
secretary-treasurer.
(3) The applicant shall submit with the application,
(a) evidence of preliminary education prior to admission to a
college of osteopathy;
(b) references as to character, professional status and previous
experience in the practice of osteopathy;
(c) a certificate in Form 2 from the head of the teaching staff of
a school or college referred to in section 18; and
(d) the examination fee prescribed by section 17.
(4) The Board shall review the application and, if it complies with
this Regulation, the Board shall cause the secretary-treasurer to
notify the candidate of the time and place fixed for the examination.
R.R.O. 1980, Reg. 252, s. 14.
15.— (1) A person may take the examinations if the person has,
(a) been notified under subsection 14 (4); and
(b) paid the fee prescribed by section 17.
(2) A person who has,
(a) taken the examinations;
(b) failed in three subjects or fewer; and
(c) paid the fee prescribed by section 17,
may try at a supplemental examination the subjects in which he or
she has failed. R.R.O. 1980, Reg. 252, s. 15.
16. A person who is taking an examination or supplemental
examination shall be allowed,
(a) 2Vi hours for each subject written; and
(b) thirty minutes for the oral examination in each subject.
R.R.O. 1980, Reg. 252, s. 16.
Fees on Examination
17. A candidate for examination or supplemental examination
shall pay on examination a fee,
(a) not exceeding $50 in amount; and
(b) calculated on the basis of,
(i) $10 for each subject at an examination, and
(ii) $20 for each subject at a supplemental examination.
R.R.O. 1980, Reg. 252, s. 17.
Osteopathic Coli.eges
18.— (1) An applicant for examination shall have completed a
course of instruction in a school or college that conducts a course in
osteopathy of not less than four academic years with a minimum of
5,000 hours of instruction and that requires students to have com-
pleted at least two years of pre-medical study.
(2) The course of instruction shall include the following subjects:
1. Anatomy, comprising,
i. gross anatomy,
ii. dissection,
iii. embryology, and
iv. histology.
2. Physiology.
3. Biochemistry.
4. Pharmacology, comprising,
i. comparative therapeutics,
ii. materia medica and associated subjects, and
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Reg./Règl. 280
iii. toxicology.
5. Pathology.
6. Public health and preventive medicine, comprising,
i. hygiene,
ii. sanitation,
iii. bacteriology,
iv. parasitology, and
V. immunology.
7. Surgery, comprising,
i. general surgery,
ii. orthopaedic surgery,
iii. urology,
iv. ophthalmology,
V. radiology,
vi. anaesthesiology, and
vii. otorhinolaryngology.
8. Obstetrics and gynaecology.
9. Principles, practice and technique of osteopathy.
10. Neurology.
11. Psychology.
12. Psychiatry.
13. Paediatrics.
14. Dermatology and syphilology.
15. Therapeutics.
16. Tropical medicine.
17. Medical jurisprudence. R.R.O. 1980, Reg. 252, s. 18.
Meetings of the Board
19.— (1) The chair or, in his or her absence, the vice-chair shall
call and preside at all meetings of the Board and the presiding officer
shall, in the case of a tie vote, have the deciding vote.
(2) Meetings of the Board shall be upon the written call of the
chair or upon the written request of any two members of the Board
stating the reason for calling the meeting. R.R.O. 1980, Reg. 252,
s. 19.
Secretary-Treasurer
20. The secretary-treasurer shall,
(a) conduct the correspondence of the Board;
(b) keep a true and accurate record of the minutes of all meet-
ings of the Board;
(c) notify all members of the Board of all meetings at least
seven days in advance of such meetings;
(d) keep a record of all osteopaths taking the examinations and
the results of such examinations;
(e) receive all money and securities and keep a proper record
of all business transactions of the Board, the receipt and
expenditure of all money and securities, and forthwith
deposit all such money or securities received in such bank
listed in Schedule I or II to the Bank Act (Canada) as the
Board selects; and
(f) carry out such other duties as the Board from time to time
directs. R.R.O. 1980, Reg. 252, s. 20.
21. All cheques of the Board shall be signed by the chair or vice-
chair and the secretary-treasurer. R.R.O. 1980, Reg. 252, s. 21.
Auditors
22. The accounts of the Board shall be audited annually by a
chartered accountant appointed by the Board. R.R.O. 1980, Reg.
252, s. 22.
Form 1
Dnigless Practitioners Act
APPLICATION FOR REGISTRATION AS AN OSTEOPATH BY EXAMINATION
Name
(surname) (given name in full)
(If female)
(any alteration in or change of name since registration of birth)
Address
(municipality) (county) (province)
(home address) (street address) (business address)
Date of birth Age
Are you a British Subject?
(yes or no) (by birth or naturalized)
Primary Education
(name of public or private schools attended)
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PRATICIENS NE PRESCRIVANT PAS DE MEDICAMENTS
Reg./Règl. 280
Date of entrance to high school or collegiate
Names of high schools, collegiates, private schools, senior schools attended
Date of graduation
(from high school or collegiate) (junior) (senior)
Department of Education certificate
Names of colleges or universities attended and standing attained
Dates of attendance
Osteopathic college attended
Length of course
(number of months) (total hours of lectures or instruction)
Date of graduation
If more than one school or college
(names)
(locations)
(number of months)
(total hours of lectures or instruction)
I interned at .
for
. from ,
.to
(months)
Post-graduate training from .
I have received special training in osteopathy and in respect thereof I hold certificates from
to.
Three references as to character (names and addresses)
(names of boards)
I am registered to practise in .
To: The Board of Directors of Osteopathy,
Drugless Practitioners Act,
Province of Ontario.
(provinces or states)
Affidavit
of
(signature of applicant)
in the County of
do solemnly declare that to the best of my knowledge and belief the completed form hereto affixed is correct and true. And I make this solemn
declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.
335
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DRUGLESS PRACTITIONERS
Reg./Règl. 281
Declared before me at the of .
this
. day of
.,19..
(a Commissioner, etc.)
R.R.O. 1980, Reg. 252, Form 1.
Form 2
Drugless Practitioners Act
CERTIFICATE OF EDUCATION IN OSTEOPATHIC MEDICINE
(name)
head of the teaching staff of .
(school or college)
hereby certify that has successfully
(name of graduate)
completed the course in osteopathic medicine at
Date day of
19..
(school or college)
(signature)
R.R.O. 1980, Reg. 252, Form 2.
REGULATION 281
PHYSIOTHERAPISTS
Definitions
1. In this Regulation,
"Board" means the Board of Directors of Physiotherapy;
"Registrar" means the Registrar of the Board. R.R.O. 1980, Reg.
253, s. 1;0. Reg. 638/83, s. 1.
Registration
2.— (1) The Registrar shall maintain a register of persons admit-
ted to practice as physiotherapists and shall maintain a separate sec-
tion in the register that shall be designated the temporary register for
persons who are admitted to practice as physiotherapists for a period
of three months or less.
(2) The register shall be open to any person for inspection at the
Board offices during normal business hours of the Board. O. Reg.
638/83, s. 2.
3. The Registrar shall register as a physiotherapist an applicant
who,
(a) completes an application for registration in a form provided
by the Registrar;
(b) is.
(i) the holder of a baccalaureate degree in physio-
therapy or an academic qualification that the Board
considers equivalent thereto from,
(A) a university in Ontario, or
(B) a university in Canada other than Ontario and
' has completed the clinical requirements for
registration in the jurisdiction in which the
University is located,
(ii) the holder of a diploma in physiotherapy from,
(A) Mohawk College of Applied Arts and Tech-
nology, Hamilton, Ontario, or
(B) the Chartered Society of Physiotherapy of the
United Kingdom, or
(iii) eligible to be an active member of the Canadian
Physiotherapy Association,
or was registered at any time under a predecessor to this
section;
(c) is not subject to an outstanding penalty or condition
respecting a finding of professional misconduct, incompe-
tence or incapacity and is not the subject of any current
inquiry or proceeding respecting his or her practice as a
physiotherapist; and
(d) pays the fee prescribed in subsection 9 (1). O. Reg.
638/83, s. 3,part; O. Reg. 126/84, s. 1.
4.— (1) Where an applicant who is eligible for registration under
clauses 3 (a), (b) and (c) makes application for registration as a
physiotherapist for a period of three months or less and pays the fee
prescribed in subsection 9 (2) or 9 (4), as the case may be, the Regis-
trar shall register such applicant as a physiotherapist for the period
for which application is made and shall specify in the register in the
section designated for temporary registration the date of expiry of
the registration, which date shall not be later than three months after
the date of the registration in the register.
(2) A registration under subsection (1 ) expires on the date set out
in the register. O. Reg. 638/83, s. 3, part.
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Reg./Règl. 281
S. Except in the case of a physiotherapist who is registered for a
period of three months or less, the registration of a physiotherapist
expires on the 31st day of December in each year. O. Reg. 638/83,
s. i,pan.
6.— (1) The Registrar shall, on or before the 30th day of Novem-
ber in each year, mail to every physiotherapist, other than those on
the temporary register, an annual renewal form and a notice stating
the date on which the annual fee is due, the amount of the fee and
the penalty for non-payment of the fee on or before the due date.
(2) Where a physiotherapist completes the annual renewal form
and pays the annual fee prescribed in subsection 9 (3) on or before
the 31st day of December, the Registrar shall renew the registration
of the physiotherapist for the following year.
(3) Where a physiotherapist fails,
(a) to complete the annual renewal form; or
(b) to pay the fee prescribed by subsection 9 (3),
his or her registration thereby expires and the Registrar shall strike
the physiotherapist's name from the register and shall notify the per-
son by registered mail addressed to the person's last address as
shown on the register that,
(c) the person's registration has expired; and
(d) the person's name has been struck from the register.
O. Reg. 638/83, s. 3, part.
7. Where a physiotherapist requests in writing that his or her reg-
istration be cancelled because the person has ceased to practise, the
Registrar shall strike the person's name from the register and the
person's registration is thereby cancelled. O. Reg. 638/83, s. 3,
part.
8. Where a person whose registration as a physiotherapist has
expired under subsection 6 (3) or been cancelled under section 7
applies for re-registration and pays the fee prescribed in subsection
9 (5), the Registrar shall re-register the person as a physiotherapist.
O. Reg. 638/83, s. 3, part.
9.— (1) The fee for initial registration as a physiotherapist is,
(a) $165 if application for registration is made on or before the
30th day of June;
(b) $115 if application for registration is made after the 30th
day of June but on or before the 30th day of November; or
(c) $55 if application for registration is made after the 30th day
of November.
(2) The fee for initial registration as a physiotherapist in the tem-
porary register is,
(a) $55 for the first month; and
(b) $15 for each month or part of a month after the first month.
O. Reg. 522/89, s. I, pan.
(3) The annual fee for renewal of registration as a physiotherapist
is $160. O. Reg. 598/90, s. I, pan.
(4) The fee for re-registration as a physiotherapist in the tempo-
rary register is,
(a) $35 for the first month; and
(b) $15 for each month or part of a month after the first month.
O. Reg. 522/89, s. I, pan.
(5) The fee for re-registration as a physiotherapist is.
(a) for a person whose registration has not expired under sub-
section 6 (3),
(i) $170 if application for re-registration is made on or
before the 30th day of June,
(ii) $120 if application for re-registration is made after
the 30th day of June but on or before the 30th day of
November, or
(iii) $35 if application for re-registration is made after the
30th day of November; or
(b) for a person whose registration has expired under subsec-
tion 6 (3), the appropriate amount under clause (a) plus
$100. O. Reg. 598/90, s. \,pan.
(6) The fee for a certificate of registration for display purposes is
$20. O. Reg. 614/84, s. \,pan.
DiSCIPUNE
10.— (1) The Board may appoint an inspector who, on the direc-
tion of the Board, shall investigate a complaint that a physiotherapist
has been guilty of misconduct or displayed such ignorance or incom-
petence as to render it desirable in the public interest that his or her
registration be cancelled or suspended.
(2) The inspector shall make a written report to the Board of
every investigation made by him or her. R.R.O. 1980, Reg. 253,
s. 10.
11. For the purposes of section 12, "misconduct" means,
1. contravention of any provision of the Act or the regulations
or of the Health Insurance Act;
2. failure to maintain the standards of practice of the profes-
sion;
3. failure to communicate with other health professionals con-
cerned with the care of a patient where the condition or sus-
pected condition of the patient is such that the communica-
tion is necessary to ensure the proper care of the patient;
4. accepting or performing professional responsibilities that
the physiotherapist knows or has reason to know that the
physiotherapist is not competent to perform;
5. failure to advise a patient to consult a qualified health prac-
titioner when the physiotherapist recognizes or ought to
recognize that the patient's condition is beyond the experi-
ence or competence of the physiotherapist;
6. providing treatment to a patient that the physiotherapist
knows or ought to know would be harmful to the patient or
that does not meet the needs of the patient given the
patient's physical condition;
7. permitting, counselling or assisting any person to engage in
the practice of physiotherapy whom the physiotherapist
knows or ought to know is not registered as a physio-
therapist under the Drugless Practitioners Act;
8. permitting, counselling or assisting a physiotherapist to
engage in the practice of physiotherapy whom the physio-
therapist knows or ought to know is incompetent to practise
physiotherapy;
9. making a misrepresentation respecting a remedy, treatment
or device;
10. contravening while engaged in the practice of physio-
therapy any federal, provincial or municipal law, regulation
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DRUGLESS PRACTITIONERS
Reg./Règl. 281
or rule or a by-law of a hospital designed to protect the
health of the public;
11. engaging in the practice of physiotherapy while the ability
to perform any professional service is hindered in any way
by alcohol or a drug;
12. sexual impropriety with a patient;
13. abusing a patient verbally or physically;
14. having been found guilty of an offence relevant to a physio-
therapist's suitability to practise physiotherapy;
15. failure to carry out the terms of an agreement made by a
physiotherapist with a patient;
16. making a record or signing or issuing a certificate, report,
account or similar document that the physiotherapist knows
or ought to know is false, misleading or otherwise
improper;
17.
giving indentifiable information concerning a patient's con-
dition or any professional services performed for a patient
to any person other than the patient or to another profes-
sional involved in the treatment of a patient.
i. without the prior consent of the patient,
ii. unless required to do so by law;
or
18. failure to provide within a reasonable time in the circum-
stances and without cause any report or certificate
requested in writing by a patient or the patient's authorized
agent in respect of an examination or treatment performed
by the physiotherapist;
19. charging a fee for services not performed or that is exces-
sive in relation to the services performed;
20. where the services of a physiotherapist are not insured ser-
vices under the Health Insurance Act, failure to advise the
patient accordingly and to notify the patient of the fees
charged by the physiotherapist for the physiotherapist's
professional services before rendering the services to the
patient;
21. failure to itemize an account at the request of a patient or
an agency making payment for the physiotherapy services
of the physiotherapist;
22. selling a professional account to a third party;
23. sharing fees with any person who has referred a patient or
receiving fees from any person to whom a physiotherapist
has referred a patient or requesting or accepting a rebate or
commission for the referral of a patient;
24. having a conflict of interest;
25. permitting directly or indirectly the publishing, display, dis-
tribution or use of any advertisement relating to the prac-
tice of physiotherapy that,
i. is false, misleading or self-laudatory,
ii. makes any claim or guarantee as to the quality or
efficacy of physiotherapy services provided, or
iii. promotes the excessive or unnecessary use of physio-
therapy services;
26. breaching an undertaking provided to the Board;
27. refusing to allow an authorized representative of the Board
to enter at a reasonable time the premises in which the
physiotherapist is engaged in the practice of physiotherapy
for the purposes of inspecting the physiotherapist's prac-
tice, professional records and equipment;
28. failure to reply within thirty days to any written communi-
cation from the Board or its officers, employees or agents;
29. conduct or an act relevant to the practice of physiotherapy
that, having regard to all the circumstances, would reason-
ably be regarded by physiotherapists as disgraceful, dishon-
ourable or unprofessional. O. Reg. 636/86, s. 1.
12.— (1) After a hearing, the Board may suspend or cancel the
registration of any person found guilty of misconduct or found to
have been ignorant or incompetent. R.R.O. 1980, Reg. 253,
s. 11 (1).
(2) Where the Board decides to suspend the registration, the
period of suspension shall not be longer than one year.
(3) A majority of the members of the Board shall be present at a
hearing and constitute a quorum.
(4) The decision of a majority of the members of the Board
present is the decision of the Board. R.R.O. 1980, Reg. 253,
s. 11 (8-10).
Designation
13. No person other than a person who is registered as a physio-
therapist shall advertise or use any title or add an affix to the per-
son's name signifying that the person is qualified to practise as a
physiotherapist, a physical therapist, a registered physiotherapist or
a registered physical therapist. O. Reg. 126/84, s. 2.
14.— (1) A physiotherapist may only use as an occupational desig-
nation the word physiotherapist, physical therapist, registered
physiotherapist or registered physical therapist and may only use the
letters "Reg. Pht." or "R.P.T.". O. Reg. 126/84, s. 3.
(2) Where a physiotherapist advertises or uses the words "clinic",
"institute" or "health service", he or she shall include his or her
name and the word "physiotherapy" or the word "physiotherapist".
(3) A physiotherapist may describe his or her qualifications or
occupation in terms of the system of treatment that may be followed
by physiotherapists as prescribed in the regulations.
(4) No physiotherapist shall describe or cause to be described his
or her qualifications or occupation in a manner that suggests the
qualities or effectiveness of his or her services or skill other than in
the manner set out in subsections (1), (2) and (3). R.R.O. 1980,
Reg. 253, s. 13 (2-4).
Allowance for the Board
15.— (1) Members of the Board shall be paid,
(a) a daily allowance; and
(b) an allowance for travelling and living expenses,
while engaged on business of the Board, in the amounts prescribed
by subsection (2). R.R.O. 1980, Reg. 253, s. 14 (1).
(2) The allowance referred to in subsection (1) is,
(a) $160 a day; and
(b) the actual amount spent for travelling and living expenses.
R.R.O. 1980, Reg. 253, s. 14 (2); O. Reg. 638/83, s. 4;
O. Reg. 614/84, s. 2; O. Reg. 640/85, s. 2; O. Reg. 502/86,
s. 2; O. Reg. 619/87, s. 1; O. Reg. 654/88, s. 2; O. Reg.
522/89, s. 2; O. Reg. 598/90, s. 2.
338
Reg./Règl. 281 PRATICIENS NE PRESCRIVANT PAS DE MÉDICAMENTS Reg./Règl. 281
(3) The Board may by resolution provide for the investment of 16. The accounts of the Board shall be audited annually by a
the surplus revenue of the Board. R.R.O. 1980, Reg. 253, chartered accountant. R.R.O. 1980, Reg. 253, s. 15.
s. 14 (4).
339
Reg./Règl. 282
Reg./Règl. 282
Edible Oil Products Act
Loi sur les produits oléagineux comestibles
I
REGULATION 282
GENERAL
1. In this Regulation, "designated product" means an edible oil
product designated under section 2. R.R.O. 1980, Reg. 254, s. 1.
Designated Products
2. Products, other than oleomargarine, that are manufactured by
any process by which fat or oil other than that of milk has been
added to or mixed or blended with one or more other ingredients in
such manner that the resultant product is an imitation of or resem-
bles a dairy product are designated edible oil products to which the
Act applies. O. Reg. 296/84, s. 1.
Licences
3.— (1) Every person who manufactures designated products is
required to be the holder of a licence in Form 2 in respect of each
location at which the person manufactures designated products.
(2) An application for a licence to manufacture designated prod-
ucts shall be in Form 1 .
(3) A licence to manufacture designated products shall be in
Form 2.
(4) The fee for a licence in Form 2 is $500 in respect of each loca-
tion at which designated products are manufactured and shall accom-
pany the application for the licence. R.R.O. 1980, Reg. 254, s. 3.
4.— (1) A licence to sell by wholesale a designated product shall
be issued only upon an application therefor in Form 3.
(2) A licence to sell by wholesale a designated product shall be in
Form 4.
(3) The fee for a licence to sell by wholesale a designated product
is $5 and shall accompany the application. R.R.O. 1980, Reg. 254,
s. 4.
5.— (1) A licence expires with the 31st day of December of the
year for which it is issued.
(2) Licences are not transferable. R.R.O. 1980, Reg. 254, s. 5.
Advertising and Labelling
6.— (1) No person shall make an untrue claim by word or design
in respect of a designated product in an advertisement or on the label
of a container.
(2) No advertisement respecting a designated product and no
label on a container of a designated product shall,
(a) state or imply that the designated product has a relation to
any dairy product;
(b) use a dairy term or expression; or
(c) depict a dairy scene.
(3) The words "an edible oil product" shall appear in every
advertisement respecting a designated product and on every label of
every container for the product. R.R.O. 1980, Reg. 254, s. 6 (1-3).
(4) Where the name or trade name of a designated product
appears in an advertisement respecting, or on the label of a container
other than an individual serving package of, a designated product,
the words "an edible oil product" shall,
(a) immediately follow the name or trade name; and
(b) be in legible letters at least 12 millimetres in height or half
the height of the largest lettering on the container, which-
ever is the greater.
(5) Every container of a designated product other than an indi-
vidual serving package shall have legibly displayed thereon,
(a) a list of ingredients in descending order of the percentage
that each ingredient is of the total; and
(b) the name and address of the manufacturer or wholesaler
thereof or, where the wholesaler is not the manufacturer,
the name and address or such other identification of the
manufacturer as may be approved by the chief inspector, in
letters at least 3 millimetres in height. O. Reg. 296/84,
s. 2 (1).
(6) No person shall display for sale at retail a designated product,
(a) among dairy products;
(b) in a compartment used mainly for display of dairy products;
or
(c) in a manner that implies the designated product has a rela-
tion to any dairy product. R.R.O. 1980, Reg. 254,
s. 6 (6).
(7) Where an edible oil product is packaged as an individual serv-
ing, the package shall have legibly inscribed thereon,
(a) the words "an edible oil product" in letters at least 3 milli-
metres in height; and
(b) the name and address of the manufacturer or wholesaler
thereof or, where the wholesaler is not the manufacturer,
the name and address or such other identification of the
manufacturer as may be approved by the chief inspector.
(8) No person shall mark or label or sell or offer for sale any des-
ignated product in a container that does not comply with the Act or
this Regulation. O. Reg. 296/84, s. 2 (2).
Records
7.— (1) Every manufacturer of a designated product shall keep
records showing,
(a) the ingredients and the amounts thereof used in the manu-
facture of the designated product;
(b) the quantities of the designated product that the manufac-
turer has manufactured, sold and retained in storage; and
(c) the names and addresses of all persons to whom the manu-
facturer has sold the designated product.
(2) Every wholesaler of a designated product shall keep records
showing.
341
Reg./Règl. 282
EDIBLE OIL PRODUCTS
Reg./RègL 282
(a) the quantities of the designated product in storage and sold;
and
(b) the natnes and addresses of persons to whom the wholesaler
has sold the designated product.
(3) Every manufacturer or wholesaler shall maintain the records
made under subsection (1) or (2), as the case may be, for a period of
not less than twelve months. R.R.O. 1980, Reg. 254, s. 7.
Powers and Duties of Inspectors and Analysts
8.— (1) For the purpose of making an inspection an inspector
may, at all reasonable hours, enter,
(a) premises where a designated product is manufactured,
stored, held for transport or delivery or sold; and
(b) conveyances being used for transport or delivery of,
(i) a designated product, and
(ii) edible oil products used in the manufacturing of a
designated product. R.R.O. 1980, Reg. 254,
s. 8(1).
(2) In making an inspection, an inspector may examine,
(a) premises, apparatus and equipment used in the manufactur-
ing and packaging of a designated product;
(b) materials or substances used in the manufacturing and
packaging of a designated product; and
(c) records kept under subsection 7 (1) or (2). R.R.O. 1980,
Reg. 254, s. 8 (2); O. Reg. 296/ 84, s. 3.
9.— (1) An inspector may obtain samples of a designated product
in quantities sufficient for having an analysis made.
(2) An inspector who obtains a sample of a designated product
shall,
(a) make a report in Form 5 to the chief inspector; and
(b) deliver a copy of the report to the person in charge of the
premises.
(3) An analyst who makes an analysis of the sample obtained by
an inspector of a designated product shall make a report to the chief
inspector in Form 6. R.R.O. 1980, Reg. 254, s. 9;
Detention of Edible Oil Products
10.— (1) Where an inspector finds an edible oil product that he or
she has reasonable grounds to suspect does not comply with the Act
and this Regulation, the inspector may place the edible oil product
under detention for such period of time as is necessary for analysis,
(a) under the supervision of the inspector, by an analytical
chemist who ordinarily makes examinations and analyses
for the manufacturer of the edible oil product; or
(b) by an analyst, including the time required for the issuance
of the analyst's report.
(2) Where an inspector finds after analysis an edible oil product
that does not comply with the Act and this Regulation, the inspector
may place the edible oil product under detention. R.R.O. 1980,
Reg. 254, s. 10.
11. Where an inspector has placed an edible oil product under
detention, the inspector shall attach to the container or package of
containers a numbered detention tag in Form 7 having in bold type
the words "edible oil product under detention", and no person shall
sell, offer for sale, move or allow or cause to be moved the edible oil
product, container or package of containers or remove the detention
tag without the written authority of an inspector or of the chief
inspector. R.R.O. 1980, Reg. 254. s. 11.
12. Where an inspector is satisfied that an edible oil product, con-
tainer or package of containers that has been placed under detention
complies with the Act and this Regulation, the inspector may release
the edible oil product, container or package of containers from
detention by removing the detention tag. R.R.O. 1980, Reg. 254,
s. 12.
Confiscation of Edible Oil Products
13.— (1) Where an edible oil product does not comply with the
Act and this Regulation and,
(a) the edible oil product was placed under detention;
(b) the inspector delivered or sent by registered mail a copy of
his or her report in Form 5 to the person in charge of the
premises where the edible oil product is under detention
and to the manufacturer whose name, if any, appears on
the container or package of containers; and
(c) a period of not less than thirty days has elapsed from the
delivery or sending of the inspector's report in Form 5,
the edible oil product is confiscated and becomes the property of the
Crown in right of Ontario.
(2) Where an edible oil product has been confiscated, it may be
sold or otherwise disposed of as the chief inspector may direct, and
the money, if any, derived therefrom is payable to Her Majesty in
right of Ontario. R.R.O. 1980, Reg. 254, s. 13.
Form 1
Edible Oil Products Act
APPLICATION FOR LICENCE TO MANUFACTURE
DESIGNATED PRODUCTS
(name of applicant)
(address)
applies for a licence to manufacture designated products under the
Edible Oil Products Act and the regulations, and in support of this
application the following facts are stated:
1. Name
(Give name of person, partnership or
corporation, and if partnership,
give names of all partners)
2. Telephone number
3. Business address
Postal code
4. Name of manufacturing plant
5. Telephone number
6. Address of plant
Postal code
7. Name of manager of plant
8. Name or trade name of each designated product and name
342
Reg./Règl. 282
PRODUITS OLEAGINEUX COMESTIBLES
Reg./Règl. 282
and address of each wholesaler supplied, (list on reverse side
of this form)
9. The licence fee accompanies this application.
(signature of applicant)
R.R.O. 1980, Reg. 254, Form 1; O. Reg. 296/84, s. 4.
Form 2
Edible Oil Products Act
Licence No
Manufacturer No. .
MANUFACTURER'S LICENCE
Under the Edible Oil Products Act, and the regulations, and sub-
ject to the limitations thereof, this licence is issued to:
(name)
(address)
to manufacture designated products at ..
(location)
This licence expires with the 31st day of December, 19
Issued at Toronto, the day of , 19..
Chief Inspector
R.R.O. 1980, Reg. 254, Form 2; O. Reg. 296/84, s. 5.
Form 3
Edible Oil Products Act
APPLICATION FOR LICENCE TO SELL BY
WHOLESALE DESIGNATED PRODUCTS
(name of applicant)
(address)
applies for a licence to sell by wholesale designated products under
the Edible Oil Products Act, and the regulations, and in support of
this application, the following facts are stated:
1. Name
(Give name of person, partnership or
corporation, and if partnership,
give names of all partners)
2. Telephone number
3. Address of head office
Postal code
4. Name of manager ..
5. Telephone number .
6. Business address .
Postal code
7. Name of each designated product sold and name of each sup-
plier or manufacturer, (list on reverse side of this form)
By
(signature of applicant)
(title of official signing if
a partnership or corporation)
R.R.O. 1980, Reg. 254, Form 3; O. Reg. 296/84, s. 6.
Form 4
Edible Oil Products Act
Licence No
WHOLESALER'S LICENCE
Under the Edible Oil Products Act, and the regulations, and sub-
ject to the limitations thereof, this licence is issued to:
(name)
(address)
to sell by wholesale designated products.
This licence expires with the 31st day of December, 19
Issued at Toronto, the day of , 19
Chief Inspector
R.R.O. 1980, Reg. 254, Form 4; O. Reg. 296/84, s. 7.
Forms
Edible Oil Products Act
REPORT OF INSPECTOR TO THE CHIEF INSPECTOR
1. Date of inspection
2. Premises
3. Location
(address)
4. Person in charge of premises
(name and position)
5 . Description of designated product
6. Name or trade-name
7. Ingredients and percentages thereof listed on container of
designated product
343
Reg./Règl. 282
EDIBLE OIL PRODUCTS
Reg./Règl. 282
8. Quantity in sample
9. Price paid for sample
10. Identification mark on label of container of sample
11. Manufacturer
12. Was detention effected? If so, amount under
detention
13. Detention Tag No
Date
(signature of inspector)
R.R.O. 1980, Reg. 254, Form 5.
Form 6
Edible Oil Products Act
REPORT OF ANALYST
3. Colour degrees
of yellow and red (Lovibond tintometer)
Laboratory No.
Sample description
Seal No
Sample delivered by on
Sample received by
ANALYSES PERFORMED
1. Moisture content %
2. Fat content %
4. Other
5. Fatty acid analysis:
INTERPRETATION: The fatty acid
composition recorded indicates that
the sample is mainly:
D vegetable oil
D marine oil
D animal fat
Fatty
Acid
Percent-
age
Date of analysis
Signed
Analyst appointed under the Edible Oil Products Act
O. Reg. 296/84, s. 8,part.
Form?
Edible Oil Products Act
EDIBLE OIL PRODUCT UNDER DETENTION
TAG NO
Note: The regulations under the Edible Oil Products Act provide
that where an inspector has placed an edible oil product under
detention no person shall sell, offer for sale, move, allow or
cause to be moved the edible oil product, container or pack-
age of containers or remove this detention tag without the
written authority of an inspector or of the chief inspector.
O. Reg. 296/84, s. 8,part.
344
Reg./Règl. 283
Reg./Règl. 283
Education Act
Loi suri 'éducation
REGULATION 283
CALCULATION OF AMOUNT OF RESERVE
OR REDUCTION IN REQUIREMENT
RESULTING FROM STRIKE OR LOCK-OUT
1.— (1) The calculations under this Regulation shall be made for a
board of education and for The Metropolitan Toronto School Board
separately for public and for secondary school purposes.
(2) Where actual financial data required for a calculation under
this Regulation are not available when the calculation is required to
be made, estimated data shall be used.
(3) In this Regulation, "salaries and wages" means the salaries
and wages, including fringe benefits, that are in effect on the date
that the strike or lock-out commences. R.R.O. 1980, Reg. 255,
s. 1.
2.— (1) The amount that a board shall place in a reserve under
subsection 237 (2) of the Act shall be calculated by,
(a) determining the excess of.
(i)
over.
the total of the salaries and wages that are included
in the estimates of the board in such year and that
are not paid to employees of the board in respect of
the period of a strike by or lock-out of such employ-
ees, or any of them, that occurs in such year.
(b)
(ii) the expenditures incurred in such year by the board
that, in the opinion of the Minister, are attributable
to the strike or lock-out; and
subtracting from such excess the product of the percentage
rate of grant for the board in respect of recognized ordinary
expenditure, determined under the Regulation governing
the payment of legislative grants for such year, and the
reduction in the recognized ordinary expenditure for such
year, as defined in such Regulation, in respect of the board,
that results from such strike or lock-out.
(2) The amount that, under clause 237 (3) (b) of the Act, shall be
set out in a statement by the board, shall be calculated by,
(a) determining the excess of,
(i) the amount of money,
(A) that would normally be paid as salaries and
wages but is not paid to employees of the
board in respect of the period of a strike by or
lock-out of such employees, or any of them,
that occurred in such year prior to the adop-
tion of the estimates, and
(B) that is excluded from the estimates of the
board.
(ii) the expenditures incurred by the board in such year
prior to the adoption of the estimates that, in the
opinion of the Minister, are attributable to such
strike or lockout; and
(b) subtracting from such excess the product of the percentage
rate of grant for the board in respect of recognized ordinary
expenditure, determined under the Regulation governing
the payment of legislative grants for such year, and the
reduction in the recognized ordinary expenditure for such
year, as defined in such Regulation, in respect of the board,
that results from such strike or lock-out. R.R.O. 1980,
Reg. 255, s. 2.
3.— (1) In this section,
"area municipality" means an area municipality as defmed in the
Municipality of Metropolitan Toronto Act;
"board" means a board of education of an area municipality;
"School Board" means The Metropolitan Toronto School Board.
(2) The amount that the School Board shall place in a reserve for
public or secondary school purposes, as the case may be, under sub-
section 238 (2) of the Act, shall be calculated by,
(a) determining the excess of,
(i) the total of the salaries and wages of employees of
the boards and of the School Board that are included
in the estimates of the School Board in such year and
that are not paid to such employees in respect of the
period of a strike by or lock-out of such employees,
or any of them, that occurs in such year,
(ii) the total of the expenditures incurred by the boards
and the School Board in such year that, in the opin-
ion of the Minister, are attributable to the strike or
lock-out; and
(b) subtracting from such excess the product of the percentage
rate of grant for the School Board in respect of recognized
ordinary expenditure, determined under the Regulation
governing the payment of legislative grants for such year,
and the reduction in the recognized ordinary expenditure
for such year, as defined in such Regulation, in respect of
the School Board, that results from such strike or lock-out.
(3) The amount that, under clause 238 (5) (b) of the Act, shall be
set out in a statement by the School Board for public or secondary
school purposes, as the case may be, shall be calculated by,
(a) determining the excess of,
(i) the amount of money,
(A) that would normally be paid as salaries and
wages but is not paid to employees of the
boards and of the School Board in respect of
the period of a strike by or lock-out of such
employees, or any of them, that occurred in
such year prior to the adoption of the esti-
mates, and
345
Reg./Règl. 283
EDUCATION
Reg./Règl. 285
(B) that is excluded from the estimates of the
School Board,
over.
(b)
(ii) the total of the expenditures incurred by the boards
and the School Board in such year prior to the adop-
tion of the estimates that, in the opinion of the Min-
ister, are attributable to such strike or lock-out; and
subtracting from such excess the product of the percentage
rate of grant for the School Board in respect of recognized
ordinary expenditure, determined under the Regulation
governing the payment of legislative grants for such year,
and the reduction in the recognized ordinary expenditure
for such year, as defined in such Regulation, in respect of
the School Board, that results from such strike or lock-out.
R.R.O. 1980, Reg. 255, s. 3.
REGULATION 284
CONDITIONS FOR EXTENDED FUNDING
1. In this Regulation,
"implementation plan" means the plan formulated and filed with the
Planning and Implementation Commission under subsection
149 (1) of the Act for the school year referred to in the plan and in
respect of which the board has been given notice;
"notice" means notice of the Minister that the Roman Catholic
school board is eligible to share in the legislative grants for second-
ary school purposes,
(a) for the school year set out in the notice, and
(b) in respect of the method and location, if any, set out in the
notice, for the provision of instruction in the grade or
grades set out in the notice. O. Reg. 102/87, s. 1.
2. The following conditions are prescribed for the purposes of
subsection 128 (2) of the Act:
1. The Roman Catholic school board shall undertake in accor-
dance with its implementation plan to provide in its schools
or pursuant to an agreement with another board the grade
or grades set out in the implementation plan.
2. The Roman Catholic school board shall meet the criteria set
out in subsecton 151 (2) of the Act with respect to the pro-
vision of the grade or grades set out in its implementation
plan. O. Reg. 102/87, s. 2.
REGULATION 285
CONTINUING EDUCATION
PARTI
1.— (1) The following classes or courses provided by a board other
than as part of the day school program on an instructional day as
defined in Regulation 304 of Revised Regulations of Ontario,
1990 (School Year and School Holidays) are continuing education
courses or classes for the purpose of paragraph 31 of subsection
171 (1) of the Act and the regulations:
1. A class or course that is designed to develop or to improve
the basic literacy and numeracy skills of adults to a level
that does not exceed the grade 8 level of competency.
2. A class or course in English or French for adults whose first
language learned and still understood is neither English nor
French and that is not a class in which a pupil may earn a
credit in English or French as a second language.
3. A class or course in citizenship and, where necessary, in
language instruction in the English or the French language
for persons admitted to Canada as permanent residents
under the Immigration Act (Canada).
4. A class or course in driver education in which a pupil may
not earn a credit.
5. A class or course in the primary or junior division or in the
first two years of the intermediate division in which a lan-
guage other than English or French is the subject of instruc-
tion.
6. A class or course in which a pupil may earn a credit.
7. A class for the purpose of extending the knowledge of
adults, for the purpose of improving the skills of adults, for
the specific interest of adults or for the enhancement of the
knowledge or skills of elementary or secondary school
pupils beyond that expected or required of the pupils as
part of the regular program in an elementary or secondary
school,
i. for which the board charges registration fees to per-
sons taking the class and the fees are not calculated
in accordance with the regulations, or
ii. in which the work required for its successful comple-
tion is not acceptable to the Minister as partial fulfil-
ment of the requirements for a diploma granted by
the Minister.
(2) The following classes or courses provided by a board between
the hours of 8.00 a.m. and 5.00 p.m. that start after the completion
of one school year and that end before the next following school year
are continuing education classes or courses for the purposes of para-
graph 31 of subsection 171 (1) of the Act and the regulations:
1. A class or course for remedial purposes for pupils who are
enrolled in an elementary school operated by the board and
that is,
i. a class or course that the board is required or autho-
rized to provide during the school day to pupils
enrolled in elementary schools and, in the school
year immediately preceding commencement of the
class or course, was a class or course that was pro-
vided to its elementary school pupils, and
ii. approved by the Minister.
2. A class or course that is for trainable retarded pupils who
are enrolled in an elementary school or school or class for
trainable retarded pupils operated by the board.
3. A class or course in which a pupil may earn a credit.
O. Reg. 154/89, s. 1.
2.— (1) Subject to subsection (2) and Part II, a board that estab-
lishes continuing education courses or classes shall determine the
courses to be given in each of its continuing education classes, the
number of times that each continuing education course or class is
held per week, the length of time per session of each continuing edu-
cation course or class and the dates and the time of the day or eve-
ning upon which each continuing education course or class is given.
O. Reg. 154/89, s. 2 (1); O. Reg. 415/89, s. 1 (1).
(2) An elementary school board may offer continuing education
courses and classes only in courses of study that the board is autho-
rized or required to provide in its day school program in the primary
346
Reg./Règl. 285
EDUCATION
Reg./Règl. 285
and junior divisions and the intennediate division. O. Reg. 154/89,
s. 2 (2).
(3) An elementary school board may, subject to Part II, offer as a
subject a language other than English or French in the primary and
junior divisions and in the first two years of the intermediate division
in its continuing education courses and classes. O. Reg. 154/89,
s. 2 (3); O. Reg. 415/89, s. 1 (2).
(4) The principal of a school shall be the principal of the continu-
ing education courses and classes in the school unless the board
appoints as principal thereof another person who holds the appropri-
ate principal's qualifications set out in section 9 of Regulation 298 of
Revised Regulations of Ontario, 1990 (Operation of
Schools— General).
(5) A school site that was used for school purposes and a school
site that is used as a school during the school year may be used for a
continuing education course or class.
(6) Two or more boards may jointly establish continuing educa-
tion courses and classes in a school or schools operated by one or
more of the boards concerned and determine where such courses and
classes shall be conducted. O. Reg. 154/89, s. 2 (4-6).
3.— (1) A valid certificate of qualification or a letter of standing is
required to be held by a person,
(a) who provides the classroom teaching in a continuing educa-
tion course or class referred to in paragraph 6 of subsection
1 (1) or in subsection 1 (2); or
(b) who is employed in respect of the development or co-ordi-
nation of the program of which a continuing education
course or class referred to in clause (a) is a part.
(2) A board may employ a person who is not a teacher to provide
instruction in a continuing education course or class, other than a
continuing education course or class referred to in paragraph 6 of
subsection 1 (1) or in subsection 1 (2), if the person holds qualifica-
tions acceptable to the board for such employment. O. Reg.
154/89, s. 3.
PART II
4. In this Part,
"board", other than in section 6, means a board of education, public
school board, Roman Catholic separate school board or Protestant
separate school board. The Metropolitan Toronto French-Lan-
guage School Council and the public sector and the Roman Catho-
lic sector of The Ottawa-Carleton French-language School Board;
"commencement date" means the last school day of the month of
January or September, as the case requires;
"parent" includes guardian;
"program" means a program of instruction in a continuing education
course or class referred to in paragraph 5 of subsection 1(1);
"qualified person", in respect of a board, means a person who is
enrolled or is eligible to be enrolled in an elementary school, a kin-
dergarten or a junior kindergarten operated by the board, and
who is not enrolled or is not eligible to be enrolled in a secondary
school operated by the board, but if the board does not operate a
secondary school, does not include a person who is enrolled or is
eligible to be enrolled in the last two years of the intermediate
division. O. Reg. 415/89, s. 2,part.
5.— (1) If a board is not providing a program and receives from
parents written requests on behalf of twenty-five or more qualified
persons of the board for the establishment of a program, the board
shall establish the program requested.
(2) If a board is providing one or more programs and the board
receives from parents written requests on behalf of twenty-five or
more qualified persons of the board for the establishment of a pro-
gram that the board is not providing, the board shall establish the
program requested.
(3) Despite subsections (1) and (2), a board may enter into an
agreement with another board for the other board to provide the
program requested.
(4) A program established under this section shall start not later
than the commencement date that first occurs ninety days or more
after the date of the request.
(5) A board that establishes a program under this section shall
provide a class or course in the program for all qualified persons of
the board who wish to attend if at least ten qualified persons of the
board attend the first scheduled class or course of the program.
(6) A program provided by a board shall be provided throughout
the school year in which the program was established so long as a
person attends the class or course in the program.
(7) If a board, other than a Roman Catholic separate school
board or the Roman Catholic sector of The Ottawa-Carleton French-
language School Board, establishes a program under this section, it
shall admit to a class or course in the program a qualified person in
respect of another board that is not a Roman Catholic separate
school board or the Roman Catholic sector of The Ottawa-Carleton
French-language School Board.
(8) If a Roman Catholic separate school board establishes a pro-
gram under this section, it shall admit to a class or course in the pro-
gram a qualified person in respect of another Roman Catholic sepa-
rate school board or the Roman Catholic sector of The Ottawa-
Carleton French-language School Board.
(9) If the Roman Catholic sector of The Ottawa-Carleton
French-language School Board establishes a program under this sec-
tion, it shall admit to a class or course in the program a qualified per-
son in respect of a Roman Catholic separate school board.
(10) A board may admit to a class or course in a program a per-
son who is enrolled or eligible to be enrolled in an elementary
school, a kindergarten or a junior kindergarten operated by a board
and the person is not enrolled or eligible to be enrolled in a second-
ary school operated by a board, despite the fact that the board is not
required to admit the person under this section.
6. — ( 1 ) In this section,
"board" means the public sector and the Roman Catholic sector of
The Ottawa-Carleton French-language School Board and The
Metropolitan Toronto French-Language School Council;
"French-speaking person" means a child of a person who has the
right under subsection 23 (1) or (2), without regard to subsection
23 (3), of the Canadian Charter of Rights and Freedoms to have his
or her children receive their primary and secondary school instruc-
tion in the French language in Ontario.
(2) Despite section 5, a board shall not admit to a program that it
operates or provides for another board a person who is not a French-
speaking person.
(3) Subsection (2) does not apply to a person who is enrolled in
an elementary school, a kindergarten or a junior kindergarten oper-
ated by the board or another board. O. Reg. 415/89, s. 2, part.
7.— (1) Subject to subsections (2) and (3), a qualified person of a
board may attend one or more programs provided in one or more
languages by one or more boards.
(2) The maximum period in each week during the school year
347
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EDUCATION
Reg./Règl. 286
that a qualified person of a board may attend a program in any one
language is two and one-half hours.
(3) The maximum period during a day that falls after the comple-
tion of one school year and before the commencement of the next
following school year that a qualified person of a board may attend a
program in any one language is two and one-half hours. O. Reg.
415/89, s. 2,part.
8. A board that provides a program before the end of the instruc-
tional program of a school day may do so only in a school site that is
used for school purposes by the board during the school day.
O. Reg. 415/89, s. 2, port.
9.— (1) A board that provides a program following the end of the
instructional program of a school day or on a day that is not a school
day may provide a class or course in the program in a place that is not
a school site.
(2) If a board conducts a class or course in a program in a place
that is not used as a school site during the school day, the time that
the class begins shall be not earlier than the time at which the instruc-
tional program of the board ends.
(3) A board that conducts a class or course in a program in a
place that is not used as a school site during the school day shall
allow an interval of time between the end of the instructional pro-
gram and the beginning of the class sufficient to permit pupils
enrolled in the instructional program to travel to the place in which
the class is being conducted. O. Reg. 415/89, s. 2, part.
10.— (1) A board may discontinue a program at the end of the
school year if the number of qualified persons of the board enrolled
in courses or classes provided under the program is fewer than
twenty-five at the conclusion of the school year in which the program
is provided.
(2) A board that proposes to discontinue a program shall advise
any person who participated in the program to the end of the school
year that the program will be discontinued and that the program may
be re-established in accordance with this Part. O. Reg. 415/89, s. 2,
part.
REGULATION 286
COUNTY COMBINED SEPARATE SCHOOL ZONES
1. Each of the following areas is designated as an area that forms
a county combined separate school zone:
1 . The County of Brant, designated as "Brant".
2. The County of Elgin, designated as "Elgin".
3. The County of Essex including Pelee Island but excluding
the City of Windsor, designated as "Essex".
4. The Regional Municipality of Halton, designated as "Hal-
ton".
5. The County of Kent, designated as "Kent".
6. The County of Lambton, designated as "Larabton".
7. That portion of The Regional Municipality of Niagara that
was formerly the County of Lincoln, designated as "Lin-
coln".
8. The County of Middlesex, designated as "London and Mid-
dlesex".
9. The Regional Municipality of Durham except the Town of
Newcastle, designated as "Durham Region".
10. The County of Oxford, designated as "Oxford".
11. The County of Renfrew, designated as "Renfrew".
12. The County of Simcoe, the towns of Bracebridge and Gra-
venhurst, the Township of Georgian Bay and the Township
of Muskoka Lakes in The District Municipality of Mus-
koka, designated as "Simcoe".
13. The Regional Municipality of Waterloo, designated as
"Waterloo".
14. That f)ortion of The Regional Municipality of Niagara that
was formerly the County of Welland, designated as "Wel-
land".
15. The County of Wellington, designated as "Wellington".
16. The Regional Municipality of Hamilton-Wentworth, desig-
nated as "Hamilton-Wentworth".
17. The Regional Municipality of York, designated as "York
Region".
18. The United Counties of Prescott and Russell, designated as
"Prescott and Russell".
19. The United Counties of Stormont, Dundas and Glengarry,
designated as "Stormont, Dundas and Glengarry".
20. The counties of Bruce and Grey, designated as "Bruce-
Grey".
21. The County of Dufferin and The Regional Municipality of
Peel, designated as "Dufferin-Peel".
22. The counties of Frontenac and Lennox and Addington, des-
ignated as "Frontenac-Lennox and Addington".
23. The Regional Municipality of Haldimand-Norfolk, desig-
nated as "Haldimand-Norfolk".
24. The counties of Hastings and Prince Edward and the Town-
ship of Airy and the geographic townships of Dickens,
Lyell, Murchison and Sabine in the Territorial District of
Nipissing, designated as "Hastings-Prince Edward".
25. The counties of Huron and Perth, designated as "Huron-
Perth".
26. The County of Lanark and the United Counties of Leeds
and Grenville, designated as "Lanark-Leeds and Gren-
ville".
27. The counties of Northumberland, Peterborough and Victo-
ria and the Town of Newcastle, designated as "Peterbor-
ough-Victoria-Northumberland and Newcastle".
28. The City of Windsor, designated as "Windsor".
29. The City of Ottawa, the City of Vanier and the Village of
Rockcliffe Park, designated as "Ottawa".
30. The Regional Municipality of Ottawa-Carleton except the
City of Ottawa, the City of Vanier and the Village of Rock-
cliffe Park, designated as "Carleton". R.R.O. 1980, Reg.
257, s. 1; O. Reg. 418/81, s. 1; O. Reg. 454/86, s. 1;
O. Reg. 718/89, s. 1.
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Reg./Règl. 287
i
REGULATION 287
DESIGNATION OF SCHOOL DIVISIONS
1.— (1) The area referred to in paragraph 1 of each Schedule is
designated as a school division.
(2) The name set out in paragraph 2 of each Schedule is the name
assigned to the divisional board that has jurisdiction in the school
division referred to in paragraph 1 of that Schedule. O. Reg.
720/89, s. 1.
Schedule 1
1. In the Territorial District of Algoma, being,
i. the towns of Bruce Mines and Thessalon,
ii. the Village of Hilton Beach,
iii. the townships of Hilton, Jocelyn, Johnson, Laird,
Plummer Additional, St. Joseph and Thessalon,
iv. the Township of MacDonald, Meredith and Aber-
deen Additional,
V. the Township of Tarbutt and Tarbutt Additional,
and
vi. the geographic townships of Aberdeen, Bridgland,
Galbraith, Gould, Haughton, Kirkwood, McMahon,
Morin, Rose and Wells.
2. The Central Algoma Board of Education. O. Reg.
720/89, Sched.l.
Schedule 2
1 . In the Territorial District of Algoma, being the Township of
Hornepayne.
2. The Hornepayne Board of Education. O. Reg. 720/89,
Sched. 2.
Schedule 3
1. In the Territorial District of Algoma, being,
i. the townships of Dubreuilville, Michipicoten and
White River, and
ii. the geographic townships of Chenard, Dunphy,
Esquega, Fiddler, Finon and Huotari.
2. The Michipicoten Board of Education. O. Reg. 720/89,
Sched. 3.
Schedule 4
1. In the Territorial District of Algoma, being,
i. the town of Blind River and the City of Elliot Lake,
ii. the Village of Iron Bridge,
iii. the townships of Day and Bright Additional, The
North Shore, Shedden and Thompson,
iv. the geographic townships of Bright, Cobden, Glad-
stone, Grasett, Jogues, Juillette, Kamichisitit, Mack,
Montgomery, Nouvel, Parkinson, Patton, Scarfe,
Timmermans and the portion of the geographic
township of Striker not included in the Township of
The North Shore, and
V. all the islands in the North Channel of Lake Huron
lying south of the geographic townships of Bright,
Cobden, and the portion of Striker that is not part of
the Township of The North Shore.
2. The North Shore Board of Education. O. Reg. 720/89,
Sched. 4.
Schedule 5
1. In the Territorial District of Agoma, being,
i. the City of Sault Ste. Marie,
ii. the Township of Prince,
iii. the geographic townships of Archibald, Aweres,
Dennis, Déroche, Fenwick, Fisher, Gaudette, Havil-
land, Herrick, Hodgins, Home, Jarvis, Kars, Kin-
caid. Ley, Peever, Pennefather, Rix, Ryan, Shields,
Slater, Tilley, Tupper and VanKoughnet, and
iv. the mining locations known as Montreal Mining
Southern Location, Montreal Mining Northern
Location, A. McDonnell Mining Location, Kincaid
Mining Locations 5, 6, 7 and 8 and Rankin Mining
Location.
2. The Sault Ste. Marie Board of Education. O. Reg.
720/89, Sched. 5.
Schedule 6
1 . In the Territorial District of Cochrane, being,
i. the towns of Cochrane and Iroquois Falls,
ii. the townships of Black River-Matheson and Glack-
meyer, and
iii. the geographic townships of Aurora, Blount,
Brower, Calder, Clute, Colquhoun, Fournier, Fox,
Guibord, Hanna, Kennedy, Lamarche, Leitch,
Munro, Newmarket, Ottaway, Pyne, St. John, Stim-
son and Teefy.
2. Cochrane-Iroquois Falls, Black River-Matheson Board of
Education. O. Reg. 720/89, Sched. 6; O. Reg. 314/90,
s. 1.
Schedule 7
1. In the Territorial District of,
i. Cochrane, being,
A. the Town of Hearst,
B. the Township of Mattice-Val Côté, and
C. the geographic townships of Barker, Cas-
grain, Hanlan, Irish, Kendall, Landry,
Lowther, Stoddard, Studholme and Way, and
ii. Algoma, being the geographic townships of Ebbs
and Templeton.
2. The Hearst Board of Education. O. Reg. 720/89, Sched.
7.
Schedule 8
1. In the Territorial District of Cochrane, being,
i. the towns of Kapuskasing and Smooth Rock Falls,
349
Reg./Règl. 287
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Reg./Règl. 287
ii. the townships of Fauquier-Strickland, Moonbeam,
Opasatika and Val Rita-Harty,
iii. the geographic townships of Haggart, McCowan,
Nansen and O'Brien, and
iv. the portion of the geographic Township of Owens
that is not in the Township of Val Rita-Harty.
2. The Kapuskasing Board of Education. O. Reg. 720/89,
Sched. 8.
Schedule 9
1. In the Territorial District of Cochrane, being the City of
Timmins.
2. The Timmins Board of Education. O. Reg. 720/89,
Sched. 9.
Schedule 10
1 . In the Territorial District of Kenora, being,
i. the towns of Dryden and Sioux Lookout,
ii. the townships of Barclay, Ignace and Machin,
iii. the geographic townships of Britton, Buller,
Colenso, Drayton, Eton, Hartman, Ilsley, Jordan,
Ladysmith, Melgund, Mutrie, Redvers, Rowell,
Rugby, Smellie, Southworth, Van Home, Vermil-
ion, Vermilion Additional, Wabigoon, Wainwright
and Zealand,
iv. that portion of the geographic township of Aubrey
that is not part of the Township of Machin, and
V. that portion of Block 10 lying south of the produc-
tion easterly and westerly of the most northerly limit
of the geographic township of Drayton.
2. The Dryden Board of Education. O. Reg. 720/89, Sched.
10.
Schedule 11
1. In the Territorial District of Kenora, being,
i. the towns of Jaffray and Melick, Keewatin and Ken-
ora,
ii. the Township of Sioux Narrows,
iii. the geographic townships of Boys, Kirkup, Pellatt
and Redditt,
iv. all the lands in unsurveyed territory in the vicinity of
the station house of the Canadian National Railways
at Minaki described as follows:
Commencing at a point distant 4 kilometres mea-
sured east astronomically from the northeast corner
of the said station house;
Thence north astronomically 4 kilometres;
Thence west astronomically 8 kilometres;
Thence south astronomically 8 kilometres;
Thence east astronomically 8 kilometres;
Thence north astronomically 4 kilometres to the
point of commencement, and
except for those parts of the mainland which are
crossed by the said line, all lands lying north of a line
extending from the southernmost extremity of the
geographic Township of Boys to the southwest cor-
ner of the geographic Township of Kirkup and south
of the southerly boundaries of the geographic town-
ships of Boys and Pellatt, the towns of Jaffray and
Melick, Keewatin and Kenora.
The Kenora Board of Education.
11.
Schedule 12
O. Reg. 720/89, Sched.
1 . In the Territorial District of Kenora, being,
i. the townships of Ear Falls, Golden and Red Lake,
ii. the geographic townships of Baird, Dome and Hey-
son,
iii. all lands within an area of 6.4 kilometres in width
and lying on both sides of the centre line of tertiary
road Number 804 and within 3.2 kilometres of the
said centre line measured at right angles thereto, and
not in the Township of Ear Falls, and
iv. all lands within an area of 6.4 kilometres in width
and lying on both sides of the centre line of that part
of the King's Highway known as Number 105 and
within 3.2 kilometres of and measured at right angles
to that portion of the centre line of the said part of
the highway extending in a generally northerly and
northwesterly direction from its intersection with the
centre line of Pickerel Creek to its intersection with
the southerly limit of the Township of Red Lake,
and not in the Township of Ear Falls or referred to in
subparagraph iii.
2. The Red Lake Board of Education. O. Reg. 720/89,
Sched. 12.
Schedule 13
1. In the Territorial District of Manitoulin, being all of the
said territorial district except the Township of Rutherford
and George Island and the geographic townships of Carlyle,
Humboldt and Killarney.
2. The Manitoulin Board of Education. O. Reg. 720/89,
Sched. 13.
Schedule 14
1. In The District Municipality of Muskoka, being all of The
District Municipality of Muskoka except the Freeman Ward
of the area municipality of the Township of Georgian Bay.
2. The Muskoka Board of Education. O. Reg. 720/89,
Sched. 14.
Schedule 15
1 . In the Territorial District of Nipissing, being,
i. the City of North Bay,
ii. the towns of Cache Bay, Mattawa and Sturgeon
Falls,
iii. the townships of Bonfield, Caldwell, Calvin, East
Ferris, Field, Mattawan, Papineau and Springer,
iv. the Improvement District of Cameron, and
V. the geographic townships of Badgerow, Bastedo,
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Reg./Règl. 287
Beaucage, Blyth, Boyd, Clarkson, Commanda, Cre-
rar. Deacon, Eddy, Falconer, French, Gibbons,
Grant, Hugel, Jocko, Kirkpatrick, Lauder, Loudon,
Lyman, Macpherson, Merrick, Notman, Pedley,
Pentland, Phelps, Poitras and Wyse.
2. The Nipissing Board of Education. O. Reg. 720/89,
Sched. 15.
Schedule 16
1. In the Territorial District of,
i. Parry Sound, being
A. the Township School Area of Burk's Falls,
B. the Township School Area of Curd, Patterson
and Pringle,
C. the Township School Area of Hardy, McCon-
key, Wilson, Mills and Pringle,
D. the Township School Area of Kearney,
Bethune and Proudfoot,
E. the Township School Area of Laurier,
F. the Township School Area of Magnetawan,
G. the Township School Area of McMurrich,
H. the Township School Area of Nipissing,
I. that part of the Township School Area of
North Himsworth and East Ferris, lying
within the Township of North Himsworth,
J. the Township School Area of South Hims-
worth,
K. the Township School Area of Perry,
L. the Township School Area of South River,
M. the Township School Area of Sundridge,
N. School Section No. 3, in the geographic town-
ships of Bethune and Proudfoot,
O. School Section No. 2, in the geographic
Township of Monteith,
P. the School Section of the Town of Powassan,
Q. all other lands not designated in Schedule 17,
and
ii. Nipissing, being the Township School Area of Chis-
holm.
2. The East Parry Sound Board of Education. O. Reg.
720/89, Sched. 16.
1. In,
Schedule 17
i. the Territorial District of Parry Sound, being,
A. the Town of Parry Sound,
B. the Village of Rosseau,
C. the townships of Carling, Christie, Foley,
2.
Hagerman, Humphrey, McDougall, McKel-
lar and The Archipelago,
D. the geographic townships of Blair, Brown,
Burton, East Burpee, Ferguson, Ferrie, Hen-
vey, McKenzie, Mowatt and Wallbridge,
E. those parts of the geographic townships of
Croft and Spence which are not included in
the Township School Area of Magnetawan,
F. those parts of the geographic townships of
Harrison and Shawanaga that are not in the
Township of The Archipelago, and
ii. The District Municipality of Muskoka, being the
Freeman Ward of the area municipality of the Town-
ship of Georgian Bay.
The West Parry Sound Board of Education. O. Reg.
720/89, Sched. 17.
Schedule 18
In the Territorial District of Rainy River, being,
i. the Township of Atikokan,
ii. the geographic townships of Asmussen, Baker, Ben-
nett, Hutchinson, McCaul, Tanner and Trottier,
iii. all the lands in unsurveyed territory described as fol-
lows:
Commencing at the southwest corner of the geo-
graphic Township of Bennett;
Thence south astronomically 9.6 kilometres;
Thence east astronomically to a point distant 9.6
kilometres measured south astronomically from the
southeast corner of the geographic Township of
Baker;
Thence north astronomically 9.6 kilometres more or
less to the southeast corner of the geographic Town-
ship of Baker;
Thence west astronomically to the point of com-
mencement, and
iv. all the lands in unsurveyed territory described as fol-
lows:
Commencing at the southwest comer of the geo-
graphic Township of McCaul;
Thence south astronomically 9.6 kilometres;
Thence east astronomically to a point distant 9.6
kilometres measured south astronomically from the
southeast corner of the geographic Township of
Trottier;
Thence north astronomically 9.6 kilometres more or
less to the southeast corner of the geographic Town-
ship of Trottier;
Thence west astronomically to the point of com-
mencement.
The Atikokan Board of Education. O. Reg. 720/89,
Sched. 18.
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Reg./Règl. 287
Schedule 19
1. In the Territorial District of,
i. Rainy River, being,
A. the towns of Fort Frances and Rainy River,
B. the townships of Alberton, Atwood, Blue,
Chappie, Dilke, Emo, La Vallée, Morley,
Morson and Worthington,
C. the Township of McCrosson and Tovell,
D. the Improvement District of Kingsford,
E. the geographic townships of Claxton,
Croome, Dance, Dewart, Farrington, Flem-
ing, Griesinger, Halkirk, Mathieu, McLarty,
Menary, Miscampbell, Nelles, Pratt, Rowe,
Senn, Sifton, Spohn, Sutherland and Watten,
F. the Wild Land Reserve,
G. all lands in unsurveyed territory within an
area the boundary sides of which are as fol-
lows:
L On the north side, the northerly limit of
the Territorial District of Rainy River
commencing at the point of intersection
of the 49th degree parallel of north lati-
tude with the International Boundary;
thence due east 24 kilometres more or
less along the 49th degree parallel of
north latitude to the east shore of the
Lake of the Woods; thence north east-
erly and northerly along the east shore
of the Lake of the Woods and the south
and east shores of Sabaskong Bay of the
Lake of the Woods to the point of inter-
section of the westerly production of the
north boundaries of the geographic
townships of Claxton and McLarty;
thence due easterly along the said north
boundaries of the said geographic town-
ships and along their production due
east being along O.L.S. Gillon's base
line of 1919 to the 24th mile post on
O.L.S. Alexander Niven's 6th meridian
line; thence due south along the said
meridian line 9.6 kilometres to the 18th
mile post thereon in latitude 49° 0' 6"
north; thence due east to the point of
intersection of the production north of
the east boundary of the geographic
Township of Farrington.
2. On the east side, the line formed by the
east boundary of the geographic Town-
ship of Farrington, the production of
the said east boundary due north to the
north boundary of the Territorial Dis-
trict of Rainy River and the production
due south of the said east boundary to
the International Boundary.
3. On the south side, the International
Boundary from the mouth of the Rainy
River easterly to the point of intersec-
tion on the International Boundary of
the production due south of the east
boundary of the geographic Township
of Farrington.
4. On the west side, the International
Boundary from the mouth of the Rainy
River northerly to the point of intersec-
tion on the International Boundary of
the 49th degree parallel of north lati-
tude, and
ii. Kenora, being,
A. the geographic townships of Godson, Phillips
and Tweedsmuir,
B. all lands in unsurveyed territory within an
area the boundary sides of which are as fol-
lows:
1. On the west side, the International
Boundary between the point of inter-
section thereon of the 49th degree par-
allel of north latitude and the point of
intersection of the production westerly
of the north boundary of the geographic
Township of Tweedsmuir along the 4th
base line.
2. On the south side, the line described as
commencing at the point of Intersection
of the 49th degree parallel of north lati-
tude with the International Boundary;
thence due east 24 kilometres more or
less along the 49th degree parallel of
north latitude to the east shore of the
Lake of the Woods; thence north east-
erly and northerly along the east shore
of the Lake of the Woods and the south
and east shores of Sabaskong Bay of the
Lake of the Woods to the point of inter-
section of the westerly production of the
south boundary of the geographic town-
ship of Godson; thence due east along
the said north boundary of the said geo-
graphic Township and along their pro-
duction due east being along O.L.S.
Gillon's base line of 1919 to the 24th
mile post on O.L.S. Alexander Niven's
6th meridian line.
3. On the east side, O.L.S. Alexander
Niven's 6th meridian line between the
24th mile post thereon and the point of
intersection on the said meridian line of
the production due east along the 4th
base line of the north boundary of the
geographic Township of Tweedsmuir.
4. On the north side, the production along
the 4th base line westerly to the Interna-
tional Boundary and easterly to O.L.S.
Alexander Niven's 6th meridian line of
the north boundary of the geographic
Township of Tweedsmuir.
2. The Fort Frances-Rainy River Board of Education.
O. Reg. 720/89, Sched. 19.
Schedule 20
1 . In the Territorial District of Sudbury, being,
i. the Township of Chapleau, and
ii. the geographic townships of Caverley, Chapleau, de
Gaulle, Eisenhower, Gallagher, Genier, Halsey,
Kaplan and Panet.
352
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Reg./Règl. 287
2. The Chapleau Board of Education. O. Reg. 720/89,
Sched. 20.
Schedule 21
1 . In the Territorial District of Sudbury, being,
i. the towns of Espanola, Massey and Webbwood,
ii. the townships of Baldwin, Nairn and The Spanish
River,
iii. the geographic townships of Curtin, Foster, Gough,
McKinnon, Merritt, Mongowin, Roosevelt, Shake-
speare and Truman, and
iv. the portion of the geographic Township of Hyman
that is not part of the Town of Walden.
2. The Espanola Board of Education. O. Reg. 720/89,
Sched. 21.
Schedule 22
1. In the Territorial District of,
i. Sudbury, being,
A. The Regional Municipality of Sudbury,
B. the Township of Casimir, Jennings and
Appleby,
C. the Township of Cosby, Mason and Martland,
D . the Township of Hagar,
E. the Township of Ratter and Dunnet,
F. the geographic townships of Allen, Awrey,
Bigwood, Burwash, Cartier, Cascaden, Cher-
riman, Cleland, Cox, Davis, Delamere, Foy,
Haddo, Hart, Harty, Hawley, Hendrie,
Henry, Hess, Hoskin, Janes, Laura, Lough-
rin, Moncrieff, Scadding, Scollard, Secord,
Servos and Street,
G. the portions of the geographic townships of
Dill, Eden and Tilton that are not part of The
Regional Municipality of Sudbury,
H. the portion of the geographic Township of
Dryden that is not part of The Regional
Municipality of Sudbury, and,
I. the portion of the geographic Township of
Trill that is not part of The Regional Munici-
pality of Sudbury.
ii. Manitoulin, being the Township of Rutherford and
George Island.
2. The Sudbury Board of Education. O. Reg. 720/89, Sched.
22.
Schedule 23
1. In the Territorial District of Thunder Bay, being,
i. the towns of Geraldton and Longlac,
ii. the Township of Beardmore, and
iii. the geographic townships of Ashmore, Daley,
Errington, Houck, Leduc and Oakes.
2. The Geraldton Board of Education. O. Reg. 720/89,
Sched. 23.
Schedule 24
1 . In the Territorial District of Thunder Bay, being,
i. the City of Thunder Bay,
ii. the townships of Conmee, Gillies, Neebing, O'Con-
nor, Oliver, Paipoonge and Shuniah,
iii. the geographic townships of Blackwell, Conacher,
Devon, Forbes, Fraleigh, Goldie, Golding, Gorham,
Hagey, Laurie, Lismore, Lybster, Marks, Michener,
Pearson, Robson, Scoble, Sibley, Strange and Ware,
iv. the Dawson Road Lots, and
V. the area bounded by the easterly boundary of Lot 1,
concessions 1 and 2 of the Dawson Road Lots; the
southerly boundary of the geographic Township of
Forbes; the westerly shore of the Kaministiquia
River (sometimes known as the Dog River) and the
northerly shore of the Shebandowan River (some-
times known as the Matawin River).
2. The Lakehead Board of Education. O. Reg. 720/89,
Sched. 24.
Schedule 25
1 . In the Territorial District of Thunder Bay, being,
i. the Town of Marathon,
ii. the townships of Manitouwadge, Schreiber and Ter-
race Bay,
iii. the geographic townships of Atikameg, Bomby,
Brothers, Bryant, Byron, Cecil, Cécile, Coldwell,
Cotte, Davies, Flood, Foote, Grain, Grenville, Her-
bert, Homer, Killraine, Knowles, Laberge, Lahon-
tan, Lecours, McCron, McGill, Mikano, Nickle,
O'Neill, Pic, Priske, Roberta, Shabotik, Spooner,
Strey, Syine, Tuuri, Walsh, Wiggins and Yesno, and
iv. all lands in unsurveyed territory within an area
described as follows:
A. on the north side, the extension of the norih
side of the geographic Township of Davies
westerly to intersect with the boundary
formed by extending the west side of the geo-
graphic Township of Wiggins northerly until it
meets the said extension,
B. on the east side, the extension of the east side
of the geographic Township of Spooner
southerly until the Canada-United States bor-
der,
C. on the south side, the Canada-United States
border, and
D. on the west side, the extension of the west
side of the geographic Township of Wiggins
southerly until the Canada-United States bor-
der,
excluding St. Ignace Island.
2. The Lake Superior Board of Education. O. Reg. 720/89,
Sched. 25.
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Reg./Règl. 288
Schedule 26
1 . In the Territorial District of Thunder Bay, being,
i. the townships of Dorion and Nipigon,
ii. the Township of Red Rock, and
iii. the geographic townships of Boothe, Corrigal, Lyon
and Stirling.
2. The Nipigon-Red Rock Board of Education. O. Reg.
720/89, Sched. 26.
Schedule 27
1 . In the Territorial District of
i. Timiskaming, being,
A. the towns of Charlton, Cobalt, Englehart,
Haileybury, Latchford and New Liskeard,
B. the Village of Thornloe,
C. the townships of Armstrong, Brethour,
Casey, Chamberlain, Coleman, Dack,
Dymond, Evanturel, Harley, Harris, Hilliard,
Hudson, James and Kerns,
D. the geographic townships of Auld, Barber,
Barr, Bayly, Beauchamp, Brigstocke, Bryce,
Cane, Chown, Coleman, Corkill, Davidson,
Farr, Firstbrook, Gillies Limit, Haultain,
Henwood, Ingram, Kittson, Lawson, Lor-
rain, Lundy, Marter, Mickle, Milner, Mulli-
gan, Nicol, Pense, Roadhouse, Robillard,
Savard, Sharpe, Smyth, South Lorrain,
Truax, Tudhope, Willet and Willison,
E. concessions 1 and 2 in the geographic town-
ships of Catharine, Marquis and Pacaud, and
ii. Nipissing, being,
A. the Township of Temagami, and
B. the geographic townships of Askin, Aston,
Banting, Belfast, Best, Briggs, Canton, Cas-
sels. Chambers, Cynthia, Eldridge, Flett,
Gladman, Godderham, Hammell, Hartle,
Hobbs, Joan, Kenny, Law, Le Roche,
McCallum, McLaren, Milne, Olive, Phyllis,
Riddell, Sisk, Thistle, Torrington, Vogt and
Yates.
2. The Timiskaming Board of Education.
Sched. 27.
Schedule 28
O. Reg. 720/89,
1. In the Territorial District of,
i. Timiskaming, being,
A. the Town Kirkland Lake,
B. the townships of Larder Lake and McGarry,
C. the improvement districts of Gauthier and
Matachewan,
D. the geographic townships of Boston, Eby,
Grenfell, Lebel, Maisonville, McElroy and
Otto, and
E. concessions 3, 4, 5 and 6 in the geographic
townships of Catharine, Marquis and Pacaud,
and
Cochrane, being the portion of the geographic
Township of Benoit that is not part of the Township
of Black River-Matheson.
2.
The Kirkland Lake Board of Education.
Sched. 28.
O. Reg. 720/89,
REGULATION 288
DESIGNATION OF SUPPORT STAFF
1. In this Regulation,
"enrolment shift" means,
(a) in the case of the elementary school pupils of a public
board, the reduction in enrolment determined under sub-
section 4 (6) of Regulation 289 of Revised Regulations of
Ontario, 1990, and
(b) in the case of the secondary school pupils of a public board,
the enrolment shift determined under subsection 4 (7) of
Regulation 289 of Revised Regulations of Ontario, 1990;
"person" means a member of the support staff of the board;
"that is coterminous with the public board" means that has jurisdic-
tion in an area that is also the area or part of the area of jurisdic-
tion of the public board and "that is coterminous with the Roman
Catholic school board" has a corresponding meaning. O. Reg.
509/89, s. 1.
2.— (1) This Regulation applies to a public board in each of the
first ten years or for the remainder of the ten-year period that com-
menced with the year in which a separate school board that is coter-
minous with the public board elects, with the approval of the Minis-
ter, to perform the duties of a secondary school board.
(2) This Regulation does not apply to a public board that has
entered or enters into an agreement within the meaning of subsec-
tion 135 (1) of the Act with respect to the designation of persons.
(3) This Regulation does not apply where a public board has part
of the same area of jurisdiction as a Roman Catholic school board as
a result of the fact that a separate school zone that comprises part of
the county or district combined Roman Catholic school board for
which the Roman Catholic school board was established has a centre
that is situate within 4.8 kilometres of the boundary of the public
board and is not situate within the area of jurisdiction of the public
board.
(4) Nothing in this Regulation prevents a public board that has
jurisdiction in an area that is also the area or part of the area of juris-
diction of two or more Roman Catholic school boards from having
an agreement within the meaning of subsection 135 (1) of the Act
with one or more of the Roman Catholic school boards with respect
to the designation of persons under section 135 of the Act while at
the same time dealing with one or more of the Roman Catholic
school boards under this Regulation.
(5) Each public board that operates a school or class under Part
XII of the Act shall make the determinations and designations
required to be made under this Regulation separately for,
(a) the French-language schools and classes operated by it
under Part XII of the Act; and
(b) all schools and classes other than those referred to in clause
(a) that it operates. O. Reg. 509/89, s. 2.
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Reg./Règl. 288
3. If a school operated by a public board under Part XII of the
Act is transferred to a Roman Catholic school board and the transfer
is approved by the Minister, the public board shall designate all per-
sons employed in the school under section 135 of the Act. O. Reg.
509/89, s. 3.
4.— (1) For the purpose of determining the persons that it shall
designate under section 135 of the Act, every public board shall, on
or before the 30th day of April in each year, identify,
(a) the number of positions that it believes will not be required
in the next following school year because of the anticipated
enrolment shift; and
(b) by seniority, the persons who in accordance with its agree-
ments or board policy are surplus to the needs of the board
because of the anticipated shift of enrolment.
(2) In identifying persons under clause (1) (b), each person who
is employed on a part-time basis shall be counted towards the num-
ber of persons to be identified only to the proportion of a full-time
employee that the person represents.
(3) The number of persons identified under clause (1) (b) shall be
equal to or shall differ by less than one from the number of positions
determined under clause (1) (a).
position with the public board that is filled by a person identified
under clause 4 (1) (b) who has not volunteered to fill a vacancy in
the Roman Catholic school board. O. Reg. 509/89, s. 6.
7. Each public board shall provide, within thirty days of receiving
the list of vacant positions for persons in the Roman Catholic school
board, to each Roman Catholic school board that is coterminous
with the public board a list,
(a) of all persons who have been identified under subsection
4(1) who are willing to transfer voluntarily to the Roman
Catholic school board to fill the vacant positions of persons
in the Roman Catholic school board; and
(b) showing each person, in addition to those persons referred
to in clause (a), who is willing to transfer voluntarily to the
Roman Catholic school board to fill a vacancy in the
Roman Catholic school board. O. Reg. 509/89, s. 7.
8. Each public board that makes a designation under this Regula-
tion and each Roman Catholic school board that is coterminous with
the public board shall provide a list of persons so designated to each
of the parties with which it has agreements in respect of persons in its
employ. O. Reg. 509/89, s. 8.
(4) The public board, on or before the 30th day of April in each
year, shall provide to each of the parties with which it has agree-
ments in respect of persons in its employ and to each Roman Catho-
lic school board that is coterminous with the public board, a list of
the names and positions of all persons identified under clause
(l)(b). O. Reg. 509/89, s. 4.
5.— (1) Every Roman Catholic school board shall, on or before
the 30th day of April in each year, provide to each public board that
is coterminous with the Roman Catholic school board, a list of the
positions for persons that are expected to be vacant in the Roman
Catholic school board in the following school year.
9.— (1) If a position with a public board becomes vacant within
the year in which a person is designated under section 5, up to and
including the 31st day of May in the year next following, and no per-
son employed or eligible to be employed under the recall provisions
of a collective agreement with the public board in respect of persons
is available to fill the position, the public board shall offer the right
of first refusal with respect to the position to the designated person
with the greatest seniority who is qualified to fill the position.
(2) If the person with the greatest seniority refuses or cannot fill
the position referred to in subsection (1),
(2) A public board that receives a list under subsection (1) shall
forthwith make the list known to all persons in the employ of the
public board.
(3) A person employed by a public board may volunteer to trans-
fer in accordance with subsection 6 (1) to the Roman Catholic school
board to fill a vacant position identified under subsection (1),
whether or not the person is identified according to clause 4(1) (b).
O. Reg. 509/89, s. 5.
6.— (1) Every public board shall designate each year in accor-
dance with section 135 of the Act the number of persons identified
under clause 4 (1) (a) according to the following rules:
1. Designate persons identified under clause 4 (1) (b) who are
willing to transfer voluntarily to the Roman Catholic school
board to fill the vacant positions identified under subsection
5(1).
2. If there are vacant positions remaining to be filled after des-
ignating the persons referred to in paragraph 1, in order of
seniority, designate the persons who have volunteered
under subsection 5 (3).
3. If there are positions remaining to be designated after des-
ignating the persons referred to in paragraphs 1 and 2, des-
ignate, in accordance with the public boards agreements,
board policy or an understanding with its employees or
their authorized representatives, from the persons identi-
fied under clause 4 (1) (b), a number of persons equal to
the remaining number of positions identified under clause
4(1) (a).
(2) A designation under paragraph 2 of subsection (1) shall only
be made if the designation of the person leaves open a permanent
(a) the position shall be offered to other designated persons
with the qualifications to fill the position in descending
order of seniority until the position is filled or there are no
more designated persons; and
(b) the public board shall not be obligated to continue offering
positions to that person.
(3) If a person accepts an offer referred to in subsection (1), the
Roman Catholic school board shall transfer the employment contract
of the person to the public board and the public board shall treat the
employment contract of the person as if the person had never left the
employ of the public board.
(4) If a person accepts an offer referred to in subsection (1), the
public board shall allow the Roman Catholic school board a reason-
able length of time in the circumstances to fill the vacancy thus cre-
ated before requiring the transfer of the person.
(5) If, as a result of a person accepting an offer referred to in sub-
section (1), a position becomes vacant in the Roman Catholic school
board and there are still persons unemployed who were identified in
accordance with clause 4 (1) (b), the public board may designate the
next person identified under clause 4 (1) (b) to fill the position.
O. Reg. 509/89, s. 9.
10. If a person files an objection under subsection 135 (13) of the
Act and the public board is of the opinion that the objection is made
in good faith, the public board may designate another person in place
of the person making the objection, in accordance with its agree-
ments in respect of such persons or board policy. O. Reg. 509/89,
s. 10.
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Reg./Règl. 289
REGULATION 289
DESIGNATION OF TEACHERS
1. In this Regulation,
"agreement", other than an agreement within the meaning of sub-
section 135 (1) of the Act, in relation to the employment of teach-
ers, "branch affiliate" and "teacher" have the same meaning as in
the School Boards and Teachers Collective Negotiations Act;
"non-resident pupil", "resident-internal pupil" and "resident-exter-
nal pupil" have the same meaning as in Ontario Regulation
128/85 (General Legislative Grants);
"proportion of qualifications of teachers" means the relative number
of teachers who have qualifications in the areas of general studies
and technological studies;
"that is coterminous with the public board" means that has jurisdic-
tion in an area that is also the area or part of the area of jurisdic-
tion of the public board and "that is coterminous with the Roman
Catholic school board" has a corresponding meaning. O. Reg.
71/87, s. 1.
2.— (1) This Regulation applies to a public board in each of the
first ten years commencing with the year in which a separate school
board that is coterminous with the public board elects with the
approval of the Minister to perform the duties of a secondary school
board.
(2) This Regulation does not apply to a public board that has
entered into an agreement within the meaning of subsection 135 (1)
of the Act.
(3) Two or more public boards that act jointly with each other for
the purpose of making or renewing an agreement shall,
(a) although they are required to do certain things under this
Regulation on or before the 30th day of April and on or
before the 31st day of May, do those things on or before the
15th day of May and on or before the 30th day of June, as
the case requires; and
(b) make the determinations and designations required to be
made under this Regulation for all such public boards
jointly as if they are one public board and the public boards
shall not act individually. O. Reg. 71/87, s. 2.
3.— (1) For the purpose of determining the persons on its elemen-
tary and secondary teaching staffs that it shall designate under sec-
tion 135 of the Act, every public board shall, on or before the 30th
day of April in each year, determine in accordance with its agree-
ments or board policy,
(a) the number of teaching positions that it believes will not be
required in the next following school year because of an
anticipated reduction in the enrolment of pupils in that
school year from the enrolment of pupils as of the 30th day
of September in the previous year; and
(b) the identity of the teachers,
(i) whose services may not be required at the end of the
school year as a result of the calculation under clause
(a), and
(ii) who in accordance with its agreements are surplus to
the needs of the board but who are still in the
employ of the board.
(2) The public board, on or before the 30th day of April in each
year, shall provide to its branch affiliates and to each Roman Catho-
lic school board that is coterminous with the public board, a list of
the names and qualifications of all teachers identified under clause
(l)(b). O. Reg. 71/87, s. 3.
4.— (1) Each Roman Catholic school board shall supply, on or
before the 31st day of March in each year, for ten consecutive years
commencing with the year in which it elects with the approval of the
Minister to perform the duties of a secondary school board, to each
public board that is coterminous with the Roman Catholic school
board, the enrolment and other data necessary to enable the public
board to carry out the calculations referred to in this section.
(2) Each board referred to in subsection (1) shall make copies of
the data required under that subsection available to its branch affili-
ates.
(3) Each public board shall, on or before the 30th day of April in
each year, make the following calculations in respect of each Roman
Catholic school board that is coterminous with the public board for
the purpose of determining the enrolment shift:
1. Rg =
2. P; = R, X E°.,
3. rg — R9 X Eg
4. Pg = Rg X Pg_i
5. Es' = s[(Ei-pi)-(Er'-pr')]
where R„
K
for each of grades 9, 10, 11, 12 and 13 correct to four
places of decimal where g means grade
for each of grades 9, 10, 11, 12 and 13 where g means
grade
for each school year from 2 to 10 where t means school
year
for each of grades 10, 11, 12 and 13 and for each school
year from 2 to 10 where g means grade and t means
school year
for each school year from 1 to 10 where t means school
year
is the retention rate of the Roman Catholic school
board in respect of grade g, in the school year immedi-
ately preceding the school year in which the Roman
Catholic school board has made an election under sec-
tion 124 of the Act,
is the number of pupils in grade g as of the 30th day of
September of school year t who reside in the area of
jurisdiction of the public board and who are enrolled in
the Roman Catholic school board that is coterminous
with the public board as.
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Reg./Règl. 289
(a) resident-internal pupils,
(b) resident-external pupils, other than resident-exter-
nal pupils enrolled in the public board under sub-
section 144 (2) of the Act, or
(c) non-resident pupils who are qualified to be resident
pupils of the public board and who enrol in the
Roman Catholic school board under subsection
144(1) of the Act,
and includes pupils enrolled in a private school the
enrolment of which is to become or has become part of
the enrolment of the Roman Catholic school board in
accordance with the Act,
P^ is the projected number of pupils in grade g in the
school year t to represent an estimate of the enrolment
of the pupils assuming the Roman Catholic school
board did not make an election under section 124 of the
Act, and
ES is the enrolment shift in school year t, where the sum-
mation is made for all grades in respect of which the
Roman Catholic school board receives grants in school
year t under sections 129 and 130 of the Act,
where t = 1 represents the school year in which the Roman
Catholic school board makes an election under section
124 of the Act, t = 0 and t = -1 represent each of the
two preceding school years respectively and t = 2, 3, 4,
5, 6, 7, 8, 9 or 10 represents each of the succeeding nine
school years following the election.
i
(4) Each public board shall, on or before the 30th day of April in
each year, determine in respect of each Roman Catholic school
board that is coterminous with the public board, the difference
between the number of its elementary pupils who are expected to
transfer in the next school year to the elementary schools operated
by the Roman Catholic school board and the number of elementary
pupils of the Roman Catholic school board who are expected to
transfer to the elementary schools operated by the public board.
(5) The difference determined under subsection (4), if greater
than zero, shall be the net number of elementary pupils anticipated
to transfer to the Roman Catholic school board.
(6) The reduction in enrolment with respect to the elementary
school pupils of the public board for the year for which the calcula-
tions are made that is attributable to the election of the Roman Cath-
olic school board under section 124 of the Act shall be the net num-
ber of elementary pupils anticipated to transfer in the school year as
calculated under subsection (4).
(7) The reduction in enrolment with respect to the secondary
school pupils of the public board for the year for which the calcula-
tions are made that is attributable to the election of the Roman Cath-
olic school board under section 124 of the Act shall be the enrolment
shift for the year as determined under subsection (3).
(8) Despite subsection (3), where Rg is calculated to be lower
than the average Rg from the previous five years, the Rg shall be the
average Rg from the previous five years. O. Reg. 71/87, s. 4.
5.— (1) Every public board shall, in the manner set out in clause
3 (1) (a), determine the number of positions on each of the elemen-
tary and secondary teaching staffs of the board that are related to the
reduction in its enrolment determined under subsections 4 (6) and
(7).
(2) The number of positions determined under subsection (1)
shall be,
(a) adjusted to take into account.
(i) the actual enrolment data as of the 30th day of Sep-
tember of the previous calendar year, and
(ii) in respect of the previous calendar year, the differ-
ence between the number of positions calculated to
one place of decimal under this section and the num-
ber of teachers designated under section 8;
(b) increased by one in respect of each position for which there
is no designation under subsection 12 (5); and
(c) increased to take into account the termination in the cur-
rent calendar year of a secondment, sabbatical, leave of
absence or any other scheme or plan acceptable under its
agreements, board policy or an understanding with its
branch affiliate or branch affiliates, where, pursuant to an
agreement under subsection 135 (1) of the Act, the public
board in a previous calendar year, reduced, because of the
secondment, sabbatical, leave of absence or other scheme
or plan, the number of positions in respect of which it was
required to make designations.
(3) The number of positions in respect of which teachers are to be
designated under section 135 of the Act shall be the lesser of,
(a) the number determined under subsection (1) as adjusted
under subsection (2), calculated to one place of decimal;
and
(b) the number of positions determined under clause 3 (1) (a).
(4) Where the number of teachers available for designation under
clause 3 (1) (b) is reduced by the employment, death or retirement
of a teacher referred to in clause 3 (1) (b) and is less than the num-
ber of teachers required to be designated under subsection (3), the
determination under subsection (3) of the number of positions in
respect of which teachers are to be designated under section 135 of
the Act shall be reduced accordingly. O. Reg. 71/87, s. 5.
6.— (1) Every Roman Catholic school board shall, on or before
the 30th day of April in each year, provide to each public board that
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Reg./Règl. 289
is coterminous with the Roman Catholic school board, a list of the
positions on its elementary and secondary teaching staffs that are
expected to be vacant in the Roman Catholic school board in the fol-
lowing school year.
(2) A public board that receives a list under subsection (1) shall
forthwith make the list known to all teachers in the employ of the
public board. O. Reg. 71/87, s. 6.
7. Each public board shall, within fifteen days of receiving the list
of vacancies in the Roman Catholic school board, provide to each
Roman Catholic school board that is coterminous with the public
board a list,
(a) of all teachers who have been identified under clause
3 (1) (b) who are willing to transfer voluntarily to the
Roman Catholic school board to fill the vacancies in the
Roman Catholic school board; and
(b) showing each teacher, in addition to those teachers referred
to in clause (a), who is willing to transfer voluntarily to the
Roman Catholic school board to fill a vacancy in the
Roman Catholic school board. O. Reg. 71/87, s. 7.
8.— (1) Every public board shall, on or before the 31st day of May
in each year, designate teachers under section 135 of the Act to the
number of positions set out in subsection (4) as follows:
1. In order of seniority, designate the teachers identified
under clause 7 (a).
2. Where there are positions remaining to be designated after
designating the teachers referred to in paragraph 1, in order
of seniority, designate the teachers identified under clause
7 (b) if the vacancy created in the public board can be filled
by a teacher identified under clause 3 (1) (b).
3. Where there are positions remaining to be designated after
designating the teachers referred to in paragraphs 1 and 2,
designate, in accordance with its agreements, board policy
or an understanding with its branch affiliate or branch affili-
ates, an appropriate number of teachers from among the
teachers identified in clause 3 (1) (b), ensuring where possi-
ble that the proportion of qualifications of teachers desig-
nated is representative of the proportion of qualifications of
teachers employed by the public board.
(2) In the absence of any agreement, board policy or understand-
ing that deals with how teachers shall be designated, the public board
shall designate teachers referred to in paragraph 3 of subsection (1)
in order of seniority.
(3) In designating the teachers under this section, each teacher
who is employed on a part-time basis shall be counted towards the
number of teachers designated only to the proportion of a full-time
employee that the teacher represents.
(4) The number of teachers designated under this section shall be
equal to or shall differ by less than one from the number of positions
determined under section 5. O. Reg. 71/87, s.8.
9. Each public board that makes a designation under this Regula-
tion and each Roman Catholic school board that is coterminous with
the public board shall provide a list of the teachers so designated to
each of its branch affiliates. O. Reg. 71/87, s. 9.
10. Each board shall consult with its branch affiliates in respect of
any matter required or implemented under this Regulation.
O. Reg. 71/87, s. 10.
11. Nothing in this Regulation prevents a public board that has
jurisdiction in an area that is also the area or part of the area of juris-
diction of two or more Roman Catholic school boards from having
an agreement within the meaning of subsection 135 (1) of the Act
with one or more of the Roman Catholic school boards with respect
to the designation of teachers under section 135 of the Act while at
the same time dealing with one or more of the Roman Catholic
school boards under this Regulation. O. Reg. 71/87, s. 11.
12.— (1) If a position with a public board becomes vacant in the
year in which a teacher who is designated under section 8, up to and
including the 31st day of May in the year next following, and no
teacher employed or eligible to be employed under the recall provi-
sions of the agreement of the public board is available to fill the posi-
tion, the public board shall offer the right of first refusal with respect
to the position to the designated teacher with the greatest seniority
who holds the qualifications to fill the position.
(2) Where the teacher with the greatest seniority refuses or can-
not fill the position referred to in subsection (1),
(a) the position shall be offered to other designated teachers
with the qualifications to fill the position in descending
order of seniority until the position is filled or there are no
more designated teachers; and
(b) the public board shall not be obligated to continue offering
positions to that teacher.
(3) Where a teacher accepts an offer referred to in subsection (1),
the Roman Catholic school board shall transfer the teacher's contract
of employment to the public board and the public board shall treat
the teacher's contract of employment as if the teacher had never left
the employ of the public board.
(4) Where a teacher accepts an offer referred to in subsection (1),
the public board shall allow the Roman Catholic school board a rea-
sonable length of time in the circumstances to fill the vacancy thus
created before requiring the transfer of the teacher.
(5) If, as a result of a teacher accepting an offer referred to in
subsection (1), a position becomes vacant in the Roman Catholic
school board and there are still teachers unemployed who were iden-
tified in accordance with clause 3 (1) (b), the public board may des-
ignate another teacher to fill the position in accordance with section
8. O. Reg. 71/87, s. 12.
13.— (1) Where a teacher files an objection under subsection
135 (13) of the Act and the public board is of the opinion that the
objection is made in good faith, the public board shall designate
another teacher in place of the teacher making the objection in
accordance with its agreements or understanding with its branch
affiliate or branch affiliates or board policy.
(2) In the absence of a provision in its agreements, board policy
or understanding with its branch affiliate or branch affiliates with
respect to the designation of another teacher, the public board shall
designate a teacher under subsection (1) by taking into account the
seniority of the teachers from among whom it is selecting and ensur-
ing where possible that the proportion of qualifications of teachers
designated is representative of the proportion of qualifications of
teachers employed by the public board. O. Reg. 71/87, s. 13.
14. Where a school operated by a public board under Part XII of
the Act is transferred to a Roman Catholic school board and the
transfer is approved by the Minister, the public board shall designate
under section 135 of the Act all teachers employed in the school.
O. Reg. 71/87, s. 14.
15. Each public board that operates a school or class under Part
XII of the Act shall make the determinations and designations
required to be made under this Regulation separately for,
(a) the French-language schools and classes operated by it
under Part XII of the Act; and
(b) for all schools and classes other than those referred to in
clause (a) that it operates. O. Reg. 71/87, s. 15.
16. All teachers who are designated by a public board on and
358
Reg./Règl. 289
EDUCATION
Reg./Règl. 290
t
after the 24th day of June, 1986 up to and including the 12th day of
February, 1987 shall be deemed to have been designated in accor-
dance with this Regulation and the adjustments required under sub-
section 5 (2) shall be made in respect of such designations. O. Reg.
71/87, s. 16.
REGULATION 290
DISTRICT COMBINED SEPARATE SCHOOL
ZONES
1. The municipalities, geographic townships and localities
referred to in paragraph 1 of each Schedule are designated as an area
that forms a district combined separate school zone. O. Reg.
719/89, s. 1.
2. The name set out in paragraph 2 of each Schedule is the name
designated for the area designated in paragraph 1 of that Schedule.
O. Reg. 719/89, s. 2.
Schedule 1
1. In the Territorial District of Kenora, being,
i. the towns of Jaffray and Melick, Keewatin and Ken-
ora,
ii. the Township of Sioux Narrows,
iii. the geographic townships of Boys, Kirkup, Pellatt
and Redditt,
iv. all the lands in unsurveyed territory in the vicinity of
the station house of the Canadian National Railways
at Minaki described as follows:
Commencing at a point distant 4 kilometres mea-
sured east astronomically from the northeast comer
of the said station house;
Thence north astronomically 4 kilometres;
Thence west astronomically 8 kilometres;
Thence south astronomically 8 kilometres;
Thence east astronomically 8 kilometres;
Thence north astronomically 4 kilometres to the
point of commencement, and
V. except for those parts of the mainland which are
crossed by the said line, all lands lying north of a line
extending from the southernmost extremity of the
geographic Township of Boys to the southwest cor-
ner of the geographic Township of Kirkup and south
of the southerly boundaries of the geographic town-
ships of Boys and Pellatt, the towns of Jaffray and
Melick, Keewatin and Kenora.
2. Kenora. O. Reg. 719/89, Sched. 1.
Schedule 2
1. In the Territorial District of Kenora, being,
i. the towns of Dryden and Sioux Lookout,
ii. the townships of Barclay and Machin,
iii. the geographic townships of Britton, Buller,
Colenso, Drayton, Eton, Hartman, Ilsley, Jordan,
Ladysmith, Melgund, Mutrie, Redvers, Rowell,
Rugby, Smellie, Southworth, Van Home, Vermil-
ion, Vermilion Additional, Wabigoon, Wainwright
and Zealand,
iv. that portion of the geographic Township of Aubrey
that is not part of the Township of Machin, and
V. that portion of Block 10 lying south of the produc-
tion easterly and westerly of the most northerly limit
of the geographic Township of Drayton.
2. Dryden. O. Reg. 719/89, Sched. 2.
Schedule 3
1. In the Territorial District of,
i. Rainy River, being,
A. the towns of Fort Frances and Rainy River,
B. the townships of Alberton, Atwood, Blue,
Chappie, Dilke, Emo, La Vallée, Morley,
Morson and Worthington,
C. the Township of McCrosson and Tovell,
D. the Improvement District of Kingsford,
E. the geographic townships of Claxton,
Croome, Dance, Dewart, Farrington, Flem-
ing, Griesinger, Halkirk, Mathieu, McLarty,
Menary, Miscampbell, Nelles, Pratt, Rowe,
Senn, Sifton, Spohn, Sutherland and Watten,
F. The Wild Land Reserve,
G. all lands in unsurveyed territory within an
area the boundary sides of which are as fol-
lows:
1. On the north side, the northerly limit of
the Territorial District of Rainy River
commencing at the point of intersection
of the 49th degree parallel of north lati-
tude with the International Boundary;
thence due east 24 kilometres more or
less along the 49th degree parallel of
north latitude to the east shore of the
Lake of the Woods; thence north east-
erly and northerly along the east shore
of the Lake of the Woods and the south
and east shores of Sabaskong Bay of the
Lake of the Woods to the point of inter-
section of the westerly production of the
north boundaries of the geographic
townships of Claxton and McLarty;
thence due easterly along the said north
boundaries of the said geographic town-
ships and along their production due
east being along O.L.S. Gillon's base
Hne of 1919 to the 24th mile post on
O.L.S. Alexander Niven's 6th meridian
line; thence due south along the said
meridian line 9.6 kilometres to the 18th
mile post thereon in latitude 49° 0' 6"
north; thence due east to the point of
intersection of the production north of
the east boundary of the geographic
township of Farrington.
2. On the east side, the line formed by the
east boundary of the geographic Town-
ship of Farrington, the production of
the said east boundary due north to the
359
Reg./Règl. 290
EDUCATION
Reg./Règl. 290
north boundary of the Territorial Dis-
trict of Rainy River and the production
due south of the said east boundary to
the International Boundary.
On the south side, the International
Boundary from the mouth of the Rainy
River easterly to the point of intersec-
tion on the International Boundary of
the production due south of the east
boundary of the geographic Township
of Farrington.
On the west side, the International
Boundary from the mouth of the Rainy
River northerly to the point of intersec-
tion on the International Boundary of
the 49th degree parallel of north lati-
tude, and
ii. Kenora, being.
A.
the geographic townships of Godson, Phillips
and Tweedsmuir,
B. all lands in unsurveyed territory within an
area the boundary sides of which are as fol-
lows:
1. On the west side, the International
Boundary between the point of inter-
section thereon of the 49th degree par-
allel of north latitude and the point of
intersection of the production westerly
of the north boundary of the geographic
Township of Tweedsmuir along the 4th
base line.
2. On the south side, the line described as
commencing at the point of intersection
of the 49th degree parallel of north lati-
tude with the International Boundary;
thence due east 24 kilometres more or
less along the 49th degree parallel of
north latitude to the east shore of the
Lake of the Woods; thence north east-
erly and northerly along the east shore
of the Lake of the Woods and the south
and east shores of Sabaskong Bay of the
Lake of the Woods to the point of inter-
section of the westerly production of the
south boundary of the geographic
Township of Godson; thence due east
along the said north boundary of the
said geographic Township and along its
production due east being along O.L.S.
Gillon's base line of 1919 to the 24th
mile post on O.L.S. Alexander Niven's
6th meridian line.
3. On the east side, O.L.S. Alexander
Niven's 6th meridian line between the
24th mile post thereon and the point of
intersection on the said meridian line of
the production due east along the 4th
base line of the north boundary of the
geographic Township of Tweedsmuir.
4. On the north side, the production along
the 4th base line westerly to the Interna-
tional Boundary and easterly to O.L.S.
Alexander Niven's 6th meridian line of
the north boundary of the geographic
Township of Tweedsmuir.
2. Fort Frances-Rainy River. O. Reg. 719/89, Sched. 3.
Schedule 4
1 . In the Territorial District of Thunder Bay, being,
i. the City of Thunder Bay,
ii. the townships of Conmee, Gillies, Neebing, O'Con-
nor, Oliver, Paipoonge and Shuniah,
iii. the geographic townships of Blackwell, Conacher,
Devon, Forbes, Fraleigh, Goldie, Golding, Gorham,
Hagey, Laurie, Lismore, Lybster, Marks, Michener,
Pearson, Robson, Scoble, Sibley, Strange and Ware,
iv. the Dawson Road Lots, and
V. the area bounded by the easterly boundary of Lot 1,
concessions 1 and 2 of the Dawson Road Lots; the
southerly boundary of the geographic Township of
Forbes; the westerly shore of the Kaministiquia
River (sometimes known as the Dog River) and the
northerly shore of the Shebandowan River (some-
times known as the Matawin River).
2. Lakehead. O. Reg. 719/89, Sched. 4.
Schedule 5
1 . In the Territorial District of Thunder Bay, being,
i. the towns of Geraldton and Longlac,
ii. the Township of Beardmore, and
iii. the geographic townships of Ashmore, Daley,
Errington, Houck, Leduc and Oakes.
2. Geraldton. O. Reg. 719/89, Sched. 5.
Schedule 6
1. In the Territorial District of Algoma, being,
i. the City of Sault Ste. Marie,
ii. the Township of Macdonald, Meredith and Aber-
deen Additional,
iii. the Township of Tarbutt and Tarbutt Additional,
iv. the townships of Johnson, Laird and Prince,
V. the geographic townships of Archibald, Aweres,
Dennis, Déroche, Fenwick, Fisher, Gaudette, Havil-
land, Herrick, Hodgins, Home, Jarvis, Kars, Kin-
caid. Ley, Peever, Pennefather, Rix, Ryan, Shields,
Slater, Tilley, Tupper and VanKoughnet, and
vi. the mining locations known as Montreal Mining
Southern Location, Montreal Mining Northern
Location, A. McDonnell Mining Location, Kincaid
Mining Locations, 5, 6, 7 and 8 and Rankin Mining
Location.
2. Sault Ste. Marie. O. Reg. 719/89, Sched. 6.
Schedule 7
1. In the Territorial District of Algoma, being the townships
of Michipicoten and White River and the geographic town-
ships of Esquega and Fiddler.
2. Michipicoten. O. Reg. 719/89, Sched. 7.
360
Reg./Règl. 290
EDUCATION
Reg./Règl. 290
Schedule 8
1. In the Territorial District of,
i. Algoma, being,
A. the towns of Blind River and Elliot Lake,
B. the Village of Iron Bridge,
C. the townships of Day and Bright Additional,
The North Shore, Shedden and Thompson,
D. the geographic townships of Bright, Cobden,
Gladstone, Grasett, Jogues, Juillette, Kami-
chisitit. Mack, Montgomery, Nouvel, Parkin-
son, Patton, Scarfe and Timmermans,
E. the portion of the geographic Township of
Striker that is not part of the Township of The
North Shore, and
F. all the islands of the North Channel of Lake
Huron lying south of the geographic town-
ships of Bright, Cobden and the portion of
Striker that is not part of the Township of the
North Shore.
ii. Sudbuiy, being,
A. the towns of Espanola, Massey and Webb-
wood,
B. the townships of Baldwin, Nairn and The
Spanish River,
C. the geographic townships of Curtin, Foster,
Gough, McKinnon, Merritt, Mongowin,
Roosevelt, Shakespeare and Truman, and
D. the portion of the geographic Township of
Hytnan that is not part of the Town of Wal-
den.
iii. Manitoulin, being the Town of Little Current.
2. North Shore. O. Reg. 719/89, Sched. 8.
Schedule 9
1. In the Territorial District of,
i. Sudbury, being,
A. The Regional Municipality of Sudbury,
B. the Township of Casimir, Jennings and
Appleby,
C. the Township of Cosby, Mason and Martland,
D. the Township of Hagar,
E. the Township of Ratter and Dunnet,
F. the geographic townships of Allen, Awrey,
Bigwood, Burwash, Cartier, Cascaden, Cher-
riman, Cleland, Cox, Davis, Delamere, Foy,
Haddo, Hart, Harty, Hawley, Hendrie,
Henry, Hess, Hoskin, Janes, Laura, Lough-
rin, Moncrieff, Scadding, ScoUard, Secord,
Servos and Street,
G. the portions of the geographic townships of
Dill, Eden and Tilton that are not part of The
Regional Municipality of Sudbury,
H. the portion of the geographic Township of
Dryden that is not part of The Regional
Municipality of Sudbuiy, and,
I. the portion of the geographic Township of
Trill that is not part of The Regional Munici-
pality of Sudbury.
ii. Manitoulin, being the Township of Rutherford and
George Island, and
iii. Parry Sound, being the geographic Township of
Henvey and Wallbridge.
Sudbury. O. Reg. 719/89, Sched. 9.
Schedule 10
In the Territorial District of Sudbury, being,
i. the Township of Chapleau, and
ii. the geographic townships of Caverley, Chapleau, de
Gaulle, Eisenhower, Gallagher, Genier, Halsey,
Kaplan and Panel.
Chapleau. O. Reg. 719/89, Sched. 10.
Schedule 11
In the,
i. Territorial District of Nipissing, being,
A. the City of North Bay,
B. the towns of Cache Bay, Mattawa and Stur-
geon Falls,
C. the townships of Bonfield, Caldwell, Calvin,
Chisholm, East Ferris, Field, Mattawan,
Papineau, Springer and Temagami,
D. the geographic townships of Badgerow, Bas-
tedo, Beaucage, Best, BIyth, Boyd, Clarkson,
Commanda, Crerar, Deacon, Eddy, Fal-
coner, French, Gibbons, Gladman, Grant,
Hammell, Hugel, Jocko, Kirkpatrick, Lau-
der, Law, Loudon, Lyman, Macpherson,
McLaren, Merrick, Notman, Olive, Pedley,
Pentland, Phelps, Poitras, Sisk, Thistle and
Wyse, and
E. the Improvement District of Cameron, and
ii. Territorial District of Parry Sound, being,
A. the towns of Kearney and Powassan,
B. the villages of Burk's Falls, Rosseau and
Trout Creek,
C. the townships of Armour, Chapman, Joly,
Machar, McMurrich, Nipissing, North Hims-
worth. Perry, Ryerson, South Himsworth and
Strong, and
D. the geographic townships of Humphrey and
Laurier, and
iii. District Municipality of Muskoka, being,
A. the Town of Huntsville, and
361
Reg./Règl. 290
EDUCATION
Reg./Règl. 290
B. the Township of Lake of Bays.
2. Nipissing. O. Reg. 719/89, Sched. 11.
Schedule 12
1 . In the Territorial District of Timiskaming, being,
i. the towns of Cobalt, Haileybury, Latchford and New
Liskeard,
ii . the Village of Thornloe,
iii. the townships of Armstrong, Brethour, Casey, Cole-
man, Dymond, Evanturel, Harley, Harris, Hilliard,
Hudson, James and Kerns, and
iv. the geographic townships of Barber, Beauchamp,
Cane, Firstbrook, Henwood, Ingram, Lorrain, Mar-
ter and Robillard.
2. Timiskaming. O. Reg. 719/89, Sched. 12; O. Reg. 313/90,
s. 1.
Schedule 13
1 . In the Territorial District of Timiskaming, being,
i. the towns of Charlton, Englehart and Kirkland
Lake,
ii. the improvement districts of Gauthier and Matache-
wan,
iii. the townships of Chamberlain, Dack, Larder Lake
and McGarry, and
iv. the geographic townships of Boston, Eby, Grenfell,
Lebel, Maisonville and Otto.
2. Kirkland Lake. O. Reg. 719/89, Sched. 13; O. Reg.
313/90, s. 2.
Schedule 14
1. In the Territorial District of Cochrane, being,
i. the towns of Cochrane and Iroquois Falls,
ii. the townships of Black River-Matheson and Glack-
meyer, and
iii. the geographic townships of Aurora, Blount,
Brower, Calder, Clute, Colquhoun, Fournier, Fox,
Guibord, Hanna, Kennedy, Lamarche, Leitch,
Munro, Newmarket, Ottaway, Pyne, St. John, Stim-
son and Teefy.
2. Cochrane-Iroquois Falls, Black River-Matheson. O. Reg.
719/89, Sched. 14; O. Reg. 313/90, s. 3.
Schedule 15
1 . In the Territorial District of Cochrane, being,
i. the towns of Kapuskasing and Smooth Rock Falls,
ii. the townships of Fauquier-Strikland, Moonbeam,
Opasatika and Val Rita-Harty,
iii. the geographic townships of Haggart, McCowan,
Nansen and O'Brien, and
iv. the portion of the Township of Owens that is not
part of the Township of Val Rita-Harty.
2. Kapuskasing. O. Reg. 719/89, Sched. 15; O. Reg. 313/90,
s. 4.
Schedule 16
1. In the Territorial District of,
i. Cochrane, being,
A. the Town of Hearst,
B. the Township of Mattice-Val Côté, and
C. the geographic townships of Barker, Cas-
grain, Hanlan, Irish, Kendall, Landry,
Lowther, Stoddard, Studholme and Way, and
ii. Algoma, being the geographic townships of Ebbs
and Templeton.
2. Hearst. O. Reg. 719/89, Sched. 16.
Schedule 17
1. In the Territorial District of Cochrane, being the City of
Timmins.
2. Timmins. O. Reg. 719/89, Sched. 17.
Schedule 18
1 . In the Territorial District of Thunder Bay, being,
i. the Town of Marathon,
ii. the townships of Dorion, Manitouwadge, Nakina,
Nipigon, Red Rock, Schreiber and Terrace Bay,
iii. the geographic townships of Atikameg, Bomby,
Boothe, Brothers, Bryant, Byron, Cecil, Cécile,
Coldwell, Corrigal, Cotte, Davies, Flood, Foote,
Grain, Grenville, Herbert, Homer, Killraine,
Knowles, Laberge, Lahontan, Lecours, Lyon,
McCron, McGill, Mikano, Nickle, O'Neill, Pic,
Priske, Roberta, Shabotik, Spooner, Stirling, Strey,
Syine, Tuuri, Walsh, Wiggins and Yesno,
iv. all lands, excluding St. Ignace Island, in unsurveyed
territory within an area described as follows:
A. on the north side, the extension of the north
side of the geographic Township of Davies
westerly to intersect with the boundary
formed by extending the west side of the geo-
graphic Township of Wiggins northerly until it
meets the said extension,
B. on the east side, the extension of the east side
of the geographic Township of Spooner
southerly until the Canada-United States bor-
der,
C. on the south side, the Canada-United States
border, and
D. on the west side, the extension of the west
side of the geographic Township of Wiggins
southerly until the Canada-United States bor-
der.
2. North of Superior. O. Reg. 719/89, Sched. 18.
362
Reg./Règl. 291
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Reg./Règl. 291
l
REGULATION 291
DISTRICT SCHOOL AREAS
The Airy and Sabine District School Area
1. The Airy District School Area and The Sabine District School
Area are combined into one district school area to be known as The
Airy and Sabine District School Area. R.R.O. 1980, Reg. 260,
s. 1.
The Caramat District School Area
2. The lands described in the following Schedule are formed into
a district school area to be known as The Caramat District School
Area:
Schedule
All and singular that tract of land in the Compact Rural Commu-
nity of Caramat and surrounding area in the Territorial District of
Thunder Bay more particularly described as follows:
Beginning at a point distant 2 miles measured north astronomically
from the intersection of the northeasterly limit of the Canadian
National Railway with the northerly limit of Location JK 320;
Thence west astronomically 2 miles;
Thence south astronomically 4 miles;
Thence east astronomically 4 miles;
Thence north astronomically 4 miles;
Thence west astronomically 2 miles, more or less, to the place of
beginning. O. Reg. 636/83, s. 1.
The Coluns District School Area
3. The lands described in the following Schedule are formed into
a district school area to be known as The Collins District School
Area;
Schedule
All and singular that tract of land situate in the Territorial District
of Thunder Bay, having an area of one square mile and bounded as
follows:
On the north by a line drawn due east and west astronomically
through a point distant one half-mile measured due north astronomi-
cally from mile board 21 on the main line of the Canadian National
Railway at the hamlet of Collins; on the east by a line drawn due
north and south astronomically through a point distant one half-mile
due east astronomically from the said mile board; on the south by a
line drawn due east and west astronomically through a point distant
one half-mile due south astronomically from the said mile board; and
on the west by a line drawn due north and south astronomically
through a point distant one half-mile due west astronomically from
the said mile board. R.R.O. 1980, Reg. 260, s. 2.
The Connell and Ponsford District School Area
4. The part of the Improvement District of Pickle Lake in the
Patricia Portion of the Territorial District of Kenora that is not
within The Connell and Ponsford District School Area is added to
such district school area. R.R.O. 1980, Reg. 260, s. 3.
The Kilkenny District School Area
5. The lands in the geographic Township of Kilkenny in the Terri-
torial District of Thunder Bay described in the following Schedule
that comprise The Kilkenny District School Area are altered by
excluding therefrom the lands comprising the Rocky Bay Indian
Reserve Number 1 and by adding thereto the portion of the geo-
graphic Township of Kilkenny not included in the Schedule:
Schedule
In the geographic Township of Kilkenny in the Territorial District
of Thunder Bay, being that area originally comprising school section
No. 1 MacDiarmid and being an area five miles square whose bound-
aries begin at a point one mile south from north latitude 49 degrees,
30 minutes and one mile west from 88 degrees west longitude and
that extends five miles due west, then five miles due south, then five
miles due east and then five miles due north to the point of
beginning. O. Reg. 690/85, s. 1.
The McCuiXAGH District School Area
6. The portion of The Connell and Ponsford District School Area
that is in the geographic Township of McCullagh in the Patricia Por-
tion of the Territorial District of Kenora, being all that portion of
such district school area that is not in the Improvement District of
Pickle Lake, is detached from The Connell and Ponsford District
School Area and formed into The McCullagh District School Area.
R.R.O. 1980, Reg. 260, s. 5.
The Moose Factory Island District School Area
7. The lands described in the following Schedule are formed into
a district school area to be known as The Moose Factory Island Dis-
trict School Area:
Schedule
The area in the Territorial District of Cochrane consisting of the
islands in the Moose River that are situate in their entirety north of
the line formed by the projection easterly of the southerly boundary
of the geographic Township of Horden to the westerly limit of Indian
Reserve No. 68, except Indian Reserve No. 1 on Moose Factory
Island. R.R.O. 1980, Reg. 260, s. 6.
The Moosonee District School Area
8. The following parts of the Territorial District of Cochrane are
added to The Moosonee District School Area:
1. The geographic Township of Caron.
2. The parts of the geographic townships of Horden and
Moose that are not in The Moosonee District School Area,
except the parts of such geographic townships that are com-
posed of islands and parts of islands in the Moose River.
R.R.O. 1980, Reg. 260, s. 7.
The Northern District School Area
9. The Allanwater District School Area, The Armstrong District
School Area, The Auden District School Area, The Ferland District
School Area and The Savant Lake District School Area are com-
bined into one district school area to be known as The Northern Dis-
trict School Area. R.R.O. 1980, Reg. 260, s. 8.
The Slate Falls District School Area
10. The lands described in the following Schedule are formed into
a district school area to be known as The Slate Falls District School
Area:
Schedule
All and singular that tract of land situate in the Patricia Portion of
the Territorial District of Kenora, more particularly described as fol-
lows:
Beginning at the place of intersection of the Ninth Base Line and the
Fourth Meridian; thence easterly along the Ninth Base Line a dis-
tance of six miles to a point; thence northerly and parallel to the
Fourth Meridian a distance of six miles to a point; thence westerly
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Reg./Règl. 294
and parallel to the Ninth Base Line to a point in the Fourth Merid-
ian; thence southerly along the Fourth Meridian to the place of
beginning. R.R.O. 1980, Reg. 260, s. 9.
The Sturgeon Lake District School Area
(3) Where a person who has commenced a course withdraws
from the course because of,
(a) medical reasons evidenced by the certificate of a medical
doctor; or
11. The lands described in the following Schedule are formed into
a district school area to be known as The Sturgeon Lake District
School Area:
Schedule
All and singular that tract of land situate in the Territorial District
of Kenora being within an area four miles in width lying on both
sides of the centre line of secondary highway No. 599 and within two
miles of and measured at right angles to that portion of the said cen-
tre line extending from the easterly boundary of the Township of
Ignace northeasterly a distance of forty-five miles. R.R.O. 1980,
Reg. 260, s. 10.
The Summer Beaver District School Area
12. The lands described in the following Schedule are formed into
a district school area to be known as The Summer Beaver District
School Area:
Schedule
All and singular that tract of land situate in the Patricia Portion of
the Territorial District of Kenora being within a radius of two miles
from a point having a latitude of 52° 45' North and a longitude of 88°
30' West. R.R.O. 1980, Reg. 260, s. 1 1 .
REGULATION 292
FEES FOR MINISTRY COURSES
1. In this Regulation, "course" means a course provided by the
Ministry leading to,
(a) the Program Development and Implementation qualifica-
tion;
(b) the Program Supervision and Assessment qualification; and
(c) the Principal's Refresher Course qualification. R.R.O.
1980, Reg. 263, s. 1.
2. Subject to section 3, the total tuition fee to be paid for a course
shall be $390 which shall consist of,
(a) a non-refundable amount of $40 payable upon application
for admission to the course; and
(b) an amount of $350 payable not later than thirty days prior
to the commencement of the course. O. Reg. 689/85, s. 1.
3.— (1) Where a person who has applied to take a course does not
commence the course, no amount referred to in clause 2 (b) is pay-
able, and any amount referred to in clause 2 (b) received for the
course by or on behalf of such person shall be refunded to the person
who paid it. O. Reg. 573/84, s. 2, part.
(2) Where a person who has commenced a course withdraws
from the course during the first week of the course, other than for
medical reasons or compassionate grounds, and gives notice in writ-
ing to the Ministry of the withdrawal, the amount referred to in
clause 2 (b) that is payable by or on behalf of such person shall be
$87.50 and any amount in excess of $87.50 that was paid for the
course by or on behalf of such person shall be refunded to the person
who paid it.
(b) compassionate grounds acceptable to the Minister,
the amount referred to in clause 2 (b) that is payable by or on behalf
of such person shall be nil if the withdrawal is during the first week of
the course and shall be reduced by $87.50 for each full week of the
course that is subsequent to the withdrawal if the withdrawal is dur-
ing the second or any subsequent week, and the appropriate amount
shall be refunded to the person who paid the fee for the course.
O. Reg. 689/85, s. 2.
(4) The fee to be paid under this Regulation by or on behalf of a
teacher, principal or supervisory officer who was on active service in
His or Her Majesty's forces in World War II or the Korean War and
who produces proof of such services shall be nil. R.R.O. 1980,
Reg. 263, s. 3 (4).
REGULATION 293
FEES FOR TRANSCRIPTS AND STATEMENTS OF
STANDING AND FOR DUPLICATES OF
DIPLOMAS, CERTIFICATES AND LETTERS OF
STANDING
1. The fee for a transcript of standing, or for a duplicate of a
diploma or certificate, obtained in Ontario by a pupil is $15.
O. Reg. 436/89, s. 1.
2. The fee for a duplicate of an Ontario Teacher's Certificate is
$35. O. Reg. 436/89, s. 2.
3. The fee for a duplicate of a letter of standing, or of a certificate
of qualification as a teacher other than an Ontario Teacher's Certifi-
cate, is $18. O. Reg. 436/89, s. 3.
4. The fee for the preparation by the Ministry, on the request of a
teacher, of a statement of standing obtained, and a description of
courses completed, at a teacher's education institution in Ontario is
$18. O. Reg. 436/89, s. 4.
REGULATION 294
THE JAMES BAY LOWLANDS SECONDARY
SCHOOL BOARD
1. In this Regulation,
"board" means The James Bay Lowlands Secondary School Board;
"elector", in respect of an area for which one or more members of
the board are to be elected, means a person who is the owner or
tenant of property in, or a resident of, such area and who is a
Canadian citizen or other British subject and of the full age of
eighteen years;
"equalized assessment" for a municipality or a locality means the
assessment upon which taxes are levied in the municipality or
locality, as the case may be, in the year for which the apportion-
ment is made as adjusted by the latest assessment equalization fac-
tor applicable thereto that is provided by the Minister. R.R.O.
1980, Reg. 265, s. 1.
2. The James Bay Lowlands Secondary School Board is contin-
ued and has jurisdiction in The James Bay Lowlands Secondary
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Reg./Règl. 294
School District described in the Schedule,
s. 2.
R.R.O. 1980, Reg. 265,
3.— (1) Subject to subsection (2), the board shall be composed of
four members of whom,
(a) two shall be elected by and from among the electors in
respect of the mainland portion of the geographic townships
of Caron, Horden and Moose;
(b) one shall be elected by and from among the electors in
respect of the islands in the Moose River that form part of
the secondary school district except the portion of Factory
Island that is an Indian Reserve; and
(c) one shall be elected by and from among the electors of the
Moose Band in respect of Indian Reserves 1 and 68.
(2) Where the board has agreed to negotiate an agreement under
subsection 188 (1) of the Act to provide tuition for Indian pupils,
(a) from the Attawapiskat Band, the council of the Attawapis-
kat Band may appoint as a member of the board a member
of the Band from Indian Reserve 91 or 91 A if the council of
the Attawapiskat Band passes a resolution requesting a
member on the board and forwards a copy thereof to the
secretary of the board;
(b) from the Kashechewan community, the council of the
Albany Band may appoint as a member of the board a
member of the Band from the Kashechewan community of
Indian Reserve 67 if the council of the Albany Band passes
a resolution requesting a member on the board from the
Kashechewan community and forwards a copy thereof to
the secretary of the board; or
(c) from the Fort Albany community, the council of the Albany
Band may appoint as a member of the board a member of
the Band from the Fort Albany community of Indian
Reserve 67 if the council of the Albany Band passes a reso-
lution requesting a member on the board from the Fort
Albany community and forwards a copy thereof to the sec-
retary of the board,
and a member appointed under this subsection is in addition to the
number of members of the board provided for in subsection (1), and
the term of office of such member terminates on the same date as the
term of office of the elected members. R.R.O. 1980, Reg. 265,
s. 3.
4.— (1) In addition to the disqualifications set out in the Act, a
person is not qualified to be elected or to act as a member of the
board who is a member of, or the secretary-treasurer of. The Mooso-
nee Development Area Board.
(2) A member of the board who ceases to be an elector in respect
of the area for which he or she was elected is thereupon disqualified
to act as a member of the board. R.R.O. 1980, Reg. 265, s. 4.
5.— (1) Meetings shall be held in the year 1982 and in every third
year thereafter on such date in the month of November and at such
places and times as the board may determine for the purpose of
electing the members of the board referred to in subsection 3(1).
(2) The term of office of a member of the board shall be three
years commencing on the 1st day of December next following his or
her election to the board. O. Reg. 739/82, s. 1.
(3) Where a vacancy occurs from any cause in the office of an
elected member of the board, the remaining members shall, subject
to section 225 of the Act, forthwith hold a new election to fill the
vacancy in the manner provided by this Regulation for holding an
election of the board, except that the election shall be held only in
respect of the area for which the vacancy occurs.
(4) At least six days before a meeting under this section, the sec-
retary of the board shall post notice of the meeting in two or more of
the most prominent places in the area from which one or more mem-
bers are to be elected at the meeting and shall advertise the meeting
in such other manner as the board considers expedient.
(5) A meeting under this section shall be conducted in the man-
ner determined by the electors in respect of the area for which the
meeting is held who are present at the meeting, by a presiding officer
selected by such electors, but the election of the member or members
of the board shall be by ballot, and the minutes of the meeting shall
be recorded by a secretary who shall,
(a) in the case of the meeting to elect the members provided for
in clause 3 (1) (a), be the secretary of The Moosonee
Development Area Board;
(b) in the case of the meeting to elect the member provided for
in clause 3(1) (b), be the secretary of The Moose Factory
Island Board of Education; and
(c) in the case of the meeting to elect the member provided for
in clause 3 (1) (c), be the chief of the Moose Band or a per-
son designated by the chief.
(6) If objection is made to the right of a person to vote at a meet-
ing under this section or section 8, the presiding officer shall require
the person to make the following declaration:
I declare and affirm that.
1 . I am of the full age of eighteen years.
2. I am a Canadian citizen or British subject.
3. I have a right to vote at this election (or on the question
submitted to this meeting).
and after making such declaration, the person making it may vote.
(7) Subsections 92 (9), (10), (12), (13), (17), (18), (19), (20) and
(22) of the Act apply with necessary modifications to a meeting
under this Regulation. R.R.O. 1980, Reg. 265, s. 5 (3-7).
6.— (1) The sum required by the board for secondary school pur-
poses in each year shall be apportioned between the Moosonee
Development Area and the remainder of the James Bay Lxjwiands
Secondary School District in the ratio of the equalized assessment of
the property rateable for secondary school purposes in the Moosonee
Development Area to the equalized assessment of such property in
the remainder of such secondary school district.
(2) For the purpose of subsection (1), the Moosonee Develop-
ment Area is deemed to be a municipality and the portion of The
James Bay Lowlands Secondary School District that is not in the
Moosonee Development Area is deemed to be a locality. R.R.O.
1980, Reg. 265, s. 6.
7.— (1) Subject to subsection (2), subsections 235 (1) and (2) of
the Act apply with necessary modifications to the board.
(2) The board may not apply to the Ontario Municipal Board in
respect of the issue of debentures for a permanent improvement until
such issue has been sanctioned at a special meeting of the electors of
The James Bay Lowlands Secondary School District. R.R.O. 1980,
Reg. 265, s. 7.
8.— (1) A special meeting of the electors of the secondary school
district shall be called by the secretary of the board when directed by
the board or upon the request in writing of five such electors, by
posting, at least six days before the meeting, notice of the meeting in
three or more of the most prominent places in the secondary school
district and such notice shall include the date, time, place and objects
of the meeting, and the meeting shall be advertised in such other
manner as the board considers expedient.
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Reg./Règl. 296
(2) A special meeting under this section shall be conducted in the
manner determined by the electors of the secondary school district
who are present at the meeting, by a presiding officer selected by
such electors and the minutes of the meeting shall be recorded by the
secretary of the board. R.R.O. 1980, Reg. 265, s. 8.
Schedule
The James Bay Lowlands Secondary School District
That part of the Territorial District of Cochrane comprised of the
geographic townships of Caron, Horden and Moose and the unsur-
veyed territory consisting of the islands in the Moose River that are
situate in their entirety north of a line formed by the projection east-
erly of the southerly boundary of the geographic Township of Hor-
den to the westerly limit of Indian Reserve No. 68. R.R.O. 1980,
Reg. 265, Sched.
REGULATION 295
THE NORTHERN DISTRICT SCHOOL AREA
BOARD
1. In this Regulation,
"Board" means The Northern District School Area Board;
"elector", in respect of an area for which one or more members of
the Board are to be elected, means a person who is a public school
elector of such area as defined in subsection 61 (1) of the Act.
O. Reg. 738/82, s. 1.
2. The Board is continued with jurisdiction in The Northern Dis-
trict School Area set out in section 9 of Regulation 291 of Revised
Regulations of Ontario, 1990. O. Reg. 738/82, s. 2.
3.— (1) The Board shall be composed of eight members,
(a) one of whom shall be elected by and from the electors of
the school section formerly known as The Allanwater Dis-
trict School Area;
(b) three of whom shall be elected by and from the electors of
the school section formerly known as The Armstrong Dis-
trict School Area;
(c) one of whom shall be elected by and from the electors of
the school section formerly known as The Auden District
School Area;
(d) one of whom shall be elected by and from the electors of
the school section formerly known as The Ferland District
School Area; and
(e) two of whom shall be elected by and from the electors of
the school section formerly known as The Savant Lake Dis-
trict School Area.
(2) Where a member of the Board ceases to be an elector in
respect of the area for which he or she was elected he or she ceases to
be qualified to act as a member of the Board. O. Reg. 738/82, s. 3.
4.— (1) Meetings of the Board shall be held in the year 1982 and in
every third year thereafter on such date in the month of November
and, subject to subsection (2), at such places and times as the Board
may determine for the purpose of electing the members of the Board
referred to in subsection 3(1).
(2) The members of the Board shall be elected at a general meet-
ing of the electors of each former district school area held separately
within each former district school area.
(3) The term of office of a member of the Board shall be three
years commencing on the 1st day of December next following the
member's election to the Board.
(4) Where a vacancy occurs from any cause in the office of a
member of the Board, the remaining members shall, subject to sec-
tion 225 of the Act, forthwith hold an election to fill the vacancy in
the manner provided by this Regulation for holding an election of
the Board, except that the election shall be held only in respect of
the area for which the vacancy occurs.
(5) At least six days before holding a meeting under this section,
the secretary of the Board shall post a notice of the meeting in two or
more prominent places in the area from which a member or members
is or are to be elected and shall, where instructed by the Board,
advertise the meeting in such other manner as the Board considers
expedient.
(6) A meeting under this section shall be conducted by a presid-
ing officer selected by the electors in respect of the area for which the
meeting is held and who are present at the meeting, in such manner
as the electors determine, provided that the election of the member
or members of the Board shall be by ballot and the minutes of the
meeting shall be recorded by a secretary selected by such electors.
(7) An elector is entitled to vote for as many candidates for the
Board in his or her area as there are Board members to be elected in
such area, but only once for each candidate.
(8) If objection is made to the right of a person to vote at a meet-
ing under this section, the presiding officer shall require the person
to make the declaration set out in subsection 62 (7) of the Act and
after making such declaration, the person making it is entitled to
vote.
(9) Subsections 92 (9), (10), (12), (13), (17), (18), (19), (20) and
(22) of the Act apply with necessary modifications to a meeting
under this Regulation. O. Reg. 738/82, s. 4.
REGULATION 296
ONTARIO SCHOOLS FOR THE BLIND AND THE
DEAF
Interpretation
1. In this Regulation,
"applicant" means an applicant for admission to a School;
"bursar" means the business administrator of a School;
"Director" means the Executive Director of the Regional Services
Division of the Ministry;
"Indian" means,
(a) an Indian as defined in the Indian Act (Canada), or
(b) an Eskimo,
who is not qualified to be a resident pupil of a board;
"parent" includes a guardian;
"residence counsellor" means a person employed as a residence
counsellor in a School;
"School" means a school referred to in section 2;
"Superintendent" means the Superintendent of a School. R.R.O.
1980, Reg. 268, s. 1.
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Reg./Règl. 296
Designations
2.— (1) The Ontario School for the Blind, Brantford is designated
as The W. Ross Macdonald School.
(2) The Ontario School for the Deaf, Belleville is designated as
The Sir James Whitney School.
(3) The Ontario School for the Deaf, Milton is designated as The
Ernest C. Drury School.
(4) The Ontario School for the Deaf, London is designated as
The Robarts School. R.R.O. 1980, Reg. 268. s. 2.
Admissions
3.— (1) Where an applicant who is not an Indian, or the parent of
such applicant, submits to the Superintendent evidence satisfactory
to the Superintendent that,
(a) the applicant will be under the age of twenty-one years on
the first day of the school year for which he or she seeks
admission;
(b) because of a visual or an auditory handicap, or both, as cer-
tified by a legally qualified medical practitioner, the appli-
cant is in need of a special educational program in the
School;
(c) if the applicant is under eighteen years of age, the appli-
cant's parent is a resident of Ontario; and
(d) if the applicant is eighteen years of age or over, the appli-
cant is a resident of Ontario,
the Superintendent shall, subject to subsection (2) and subsection
8 (1), admit the applicant to the School.
(2) An applicant who is qualified to be a resident pupil of a board
that operates a day class for the hearing impaired that would be
appropriate to the applicant shall not be admitted to an Ontario
School for the Deaf except where in the opinion of the Minister the
admission is in the best interests of the applicant.
(3) Where an applicant who is not an Indian and who will be
twenty-one years of age or over on the first day of the school year for
which he or she seeks admission submits to the Superintendent evi-
dence satisfactory to the Superintendent under clauses (1) (b) and
(d), and the Minister approves the admission of the applicant, the
Superintendent shall admit the applicant to the School. R.R.O.
1980, Reg. 268, s. 3.
4. Where the minister of education for a province of Canada
other than Ontario,
(a) requests admission for an applicant,
(i) whose parent resides in that province or who, being
eighteen years of age or over, himself or herself
resides in that province,
(ii) to whom clause 3 (1) (b) applies, and
(iii) who is not inadmissible under subsection 8(1); and
(b) agrees to pay such fees as are payable for the instruction
and maintenance of the applicant, and the Minister
approves the admission of the applicant, the Superinten-
dent shall admit the applicant. R.R.O. 1980, Reg. 268,
s. 4.
5. Where the Minister of Indian Affairs and Northern Develop-
ment for Canada,
(a) requests admission for an applicant who.
(i) is an Indian to whom clause 3(1) (b) applies, and
(ii) is not inadmissible under subsection 8(1); and
(b) agrees to pay such fees as are payable for the instruction
and maintenance of the applicant,
and the Minister approves the admission of the applicant, the Super-
intendent shall admit the applicant. R.R.O. 1980, Reg. 268, s. 5.
6. Where an applicant who is not an Indian and who,
(a) has not attained the age of eighteen years and whose parent
is not a resident of any province of Canada; or
(b) has attained the age of eighteen years and is not a resident
of any province of Canada,
submits to the Superintendent evidence satisfactory to the Superin-
tendent under clause 3 (1) (b), the Superintendent shall, where the
Minister approves the admission of the applicant, admit the applicant
to the School upon payment of a fee, determined by the Minister,
that shall be not greater than the fee payable under section 10 or 11,
as the case may be. R.R.O. 1980, Reg. 268, s. 6.
7. Where an applicant is eligible for admission under section 3, 4,
S or 6, the Superintendent may admit him or her at any time during
the school year provided that accommodation and a program are
available. R.R.O. 1980, Reg. 268, s. 7.
8.— (1) An applicant shall not be admitted to a School if he or she
is unable to profit from instruction in a program at the School.
(2) Where, in respect of an applicant, doubt exists as to whether,
(a) evidence submitted under clause 3 (1) (b) establishes that
the applicant is in need of a special educational program; or
(b) the applicant is able to profit from instruction in a program,
at the School, the admission of the applicant may be for a trial
period.
(3) Upon the request of the Superintendent, or of the parent of
an applicant, or of an applicant who is eighteen years of age or over,
the Minister may appoint a committee to hear and determine any
question concerning the eligibility for admission of the applicant.
R.R.O. 1980, Reg. 268, s. 8.
Fees
9. No fee is payable in respect of a pupil admitted to a School
under section 3. R.R.O. 1980, Reg. 268, s. 9.
10.— (1) The fee payable in a fiscal year on behalf of a pupil who
is admitted under section 4 or 5 to a School referred to in subsection
2 (2), (3) or (4) and is in residence at such School shall be equal to
the average of the quotients obtained by dividing, for each School,
(a) the estimated operating costs of the School for such fiscal
year, excluding where applicable the estimated costs of
extension and resource services, teacher education, daily
transportation of pupils, food services for the staff and for
pupils who are not in residence, the summer course for par-
ents, the media centre, the program for emotionally dis-
turbed pupils and special projects,
by,
(b) 425 in the case of The Sir James Whitney School and The
Ernest C. Druiy School, and 250 in the case of The Robarts
School.
(2) The fee payable in a fiscal year on behalf of a pupil who is
admitted under section 4 or 5 to a School referred to in subsection
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Reg./Règl. 296
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Reg./Règl. 296
2 (2), (3) or (4) and is not in residence at such School shall be equal
to the average of the quotients obtained by dividing, for each School,
(a) the estimated operating costs of the School for such fiscal
year, excluding where applicable the estimated costs of
extension and resource services, teacher education, the
laundry, residence counsellors and residence operating
expenses, food services for the staff and for pupils who are
in residence, the summer course for parents, the media cen-
tre, the program for emotionally disturbed pupils and spe-
cial projects,
by,
(b) 425 in the case of The Sir James Whitney School and The
Ernest C. Drury School, and 250 in the case of The Robarts
School. R.R.O. 1980, Reg. 268, s. 10.
11.— (1) Subject to subsection (2), the fee payable in a fiscal year
on behalf of a pupil who is admitted under section 4 or 5 to The W.
Ross Macdonald School shall be equal to the quotient obtained by
dividing by 275 the estimated operating costs of the School for such
fiscal year, excluding the estimated costs of the deaf-blind program,
the large-print library and the total stimulation program.
(2) The fee payable in a fiscal year on behalf of a deaf-blind pupil
who is admitted under section 4 or 5 to The W. Ross Macdonald
School shall be equal to the quotient obtained by dividing,
(a) the sum of the amounts allocated in the estimates of such
School for such fiscal year to salaries of teachers, counsel-
lors and aides in the deaf-blind program and to transporta-
tion and communication services and supplies for pupils in
such program,
by,
(b) the number of pupils enrolled in such program on the last
school day in June of such fiscal year. R.R.O. 1980, Reg.
268, s. 11.
12. Where in any month a pupil for whom a fee is payable attends
a School for only a part of the month, his or her fee for such month
shall be reduced proportionately. R.R.O. 1980, Reg. 268, s. 12.
Transportation
13.— (1) The Superintendent may provide daily transportation to
and from a School for pupils of the school who are not in residence at
the School.
(2) The Minister may pay all or part of the transportation costs
for a pupil admitted to a School under section 3 where the board of
which such pupil is qualified to be a resident pupil does not provide
transportation to and from the School. R.R.O. 1980, Reg. 268,
s. 13.
Duties of Pupils
14. A pupil at a School shall,
(a) except with the permission of the Superintendent, be in
attendance on the first day in the school year and attend
classes punctually and regularly during the school year;
(b) take such tests and examinations as may be required by the
Superintendent;
(c) exercise self-discipline and accept such discipline as would
be exercised by a kind, firm and judicious parent;
(d) be clean in his or her person and habits, diligent in his or
her studies and courteous to other pupils and to the teach-
ing and non-teaching staff of the School;
(e) be responsible to the Superintendent for his or her conduct
on the school premises, on out-of-school activities and pro-
grams sponsored by the School and while travelling on a
bus under contract to or owned by the Ministry;
(f) leave the school premises only under conditions specified
by the Superintendent; and
(g) if the pupil is in residence at the School, participate in the
programs provided by the residence counsellor for his or
her residence area. R.R.O. 1980, Reg. 268, s. 14.
Duties of Teachers
15. A person employed to teach at a School shall, in addition to
the duties of a teacher under the Act,
(a) be responsible for effective instruction in the subjects
assigned to him or her by the Superintendent, the manage-
ment of his or her classes and the discipline in his or her
classroom;
(b) co-operate with officials of the Ministry and the Superinten-
dent for the purposes of planning and evaluating the pro-
gram of instruction;
(c) make adequate provision in his or her daily program for the
individual differences of the pupils in his or her classes so
that each pupil may experience a reasonable amount of suc-
cess;
(d) prepare for use in his or her class or classes such teaching
plans and outlines as are required by the Superintendent
and submit the plans and outlines to the Superintendent on
request;
(e) assist in maintaining discipline in the School and in fostering
school spirit and morale; and
(f) carry out such supervisory duties as may be assigned by the
Superintendent. R.R.O. 1980, Reg. 268, s. 15.
Duties of Residence Counsellors
16. A residence counsellor shall,
(a) be responsible for the residence area assigned to him or her
by the Superintendent and provide for the safety, health,
comfort and well-being of pupils in such area;
(b) plan and provide programs to encourage and promote the
growth and development of each pupil in the residence area
and evaluate such programs;
(c) make adequate provision for individual differences of the
pupils in the programs that he or she provides;
(d) record the growth and development of each pupil in the res-
idence area;
(e) assist in maintaining school spirit, morale and discipline;
(f) carry out such supervisory duties as may be assigned to him
or her by the Superintendent; and
(g) co-operate with the Superintendent in all matters affecting
the School. R.R.O. 1980, Reg. 268, s. 16.
Parents
17.— (1) There shall be deposited with the bursar a sum of at least
$20.00 to defray the personal incidental expenses of a pupil enrolled
in a School.
(2) As a condition of admission of a pupil to a School, the parent
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Reg./Règl. 296
of the pupil or the pupil, where he or she is over eighteen years of
age, shall agree,
(a) to supply on request of the Superintendent personal items
necessary to enable the pupil to participate in school pro-
grams;
(b) to provide transportation and escort for the pupil where
necessary to ensure regular attendance if such transporta-
tion and escort is not otherwise provided;
(c) to authorize the Superintendent, upon recommendation of
the school physician, to arrange in case of emergency for
the admission of the pupil to a hospital for treatment or sur-
gery;
(d) to permit such medical treatment of the pupil as may be rec-
ommended by the school physician, subject to any other
consent that may be required;
(e) to guarantee payment for medical and dental services
required by the pupil during the school year, except such
services that are provided by the School; and
(f) to notify the Superintendent promptly of the reason for the
absence of the pupil.
(3) The parent of a pupil may visit with the pupil at the School in
which the pupil is enrolled as authorized by the Superintendent.
R.R.O. 1980, Reg. 268, s. 17.
DimES OF Superintendent
18. There shall be for each School a Superintendent who shall,
(a) admit pupils in accordance with this Regulation;
(b) determine the pupils who shall be in residence at the School
and the pupils who shall reside in homes approved by him
or her;
(c) determine the mode of transportation to and from School to
be used by a pupil for whom such transportation is provided
by the School;
(d) assign pupils to classes and programs;
(e) transfer and promote such pupils as he or she considers
proper;
(f) establish and maintain, and retain, transfer and dispose of,
a pupil record in respect of each pupil enrolled in the
School, in the manner prescribed by the regulations;
(g) at least once in every calendar year provide for a review of
the placement of each pupil to ensure that the program is
appropriate for the capabilities and needs of the pupil;
(h) recommend for a Secondary School Graduation Diploma or
a Secondary School Honour Graduation Diploma a pupil of
the School who has completed the requirements for such
diploma;
(i) be in charge of the organization, management and disci-
pline of the School and ensure that proper supervision is
maintained at all times;
(j) furnish to the Director, on his or her request, information
on any matter affecting the interests of the School;
(k) arrange for regular inspection of the school premises and
report promptly to the Ministry of Government Services
any repairs required to be made by that Ministry;
(I) determine the times at which pupils may leave the school
premises and the times at which they may be visited at the
School;
(m) notify the parent immediately if a pupil becomes seriously
ill or requires hospital treatment off the school property;
(n) notify the parent if a pupil damages or destroys school
property and request suitable compensation;
(o) hold emergency drills at the School and the residences at
least six times during the school year and require that every
pupil and staff member take part therein;
(p) report promptly to the local medical officer of health and
the Director any cases of infectious or contagious disease in
the School; and
(q) report at least once each term the progress of each pupil to
his or her parent, or to the pupil where the pupil is eighteen
years of age or over. R.R.O. 1980, Reg. 268, s. 18.
19.— (1) The Superintendent may dismiss a pupil from a School or
from a program in the School for a period not exceeding thirty days
because of misconduct, persistent opposition to authority, habitual
neglect of duty, the wilful destruction of school property, the use of
profane or wilfully insulting language, or conduct injurious to the
moral tone of the School or to the physical or mental well-being of
others in the School and, where a pupil has been so dismissed, the
Superintendent shall notify forthwith in writing the pupil, his or her
teachers, the parent of the pupil and the Director of the dismissal,
the reasons therefor and the right of appeal under subsection 2.
(2) The parent of a pupil who has been dismissed under subsec-
tion (1), or the dismissed pupil where the pupil is eighteen years of
age or over, may, within seven days of the commencement of the dis-
missal, appeal to the Director against the dismissal, and the Direc-
tor, after hearing the appeal or where no appeal is made, may
remove, confirm or modify the dismissal and, where he or she con-
siders it appropriate, may order that any record of the dismissal be
expunged.
(3) The Director may dismiss a pupil permanently from a School
on the ground that the pupil's conduct is so refractory that his or her
presence is injurious to other pupils where,
(a) the Superintendent so recommends;
(b) the pupil and his or her parent have been notified in writing
of,
(i) the recommendation of the Superintendent, and
(ii) the right of the pupil where the pupil Is eighteen
years of age or over, and otherwise of his or her par-
ent, to make representations at a hearing to be con-
ducted by the Director; and
(c) such hearing has been conducted.
(4) The parties to a hearing under this section shall be the parent
of the pupil, or the pupil where he or she is eighteen years of age or
over, and the Superintendent. R.R.O. 1980, Reg. 268, s. 19.
20.— (1) The Superintendent may discharge a pupil,
(a) for failure to make progress satisfactory to the Superinten-
dent; or
(b) where the pupil is no longer in need of a special educational
program in the School and another program placement
would be more appropriate for the pupil.
(2) Where a pupil has been discharged under subsection (1), the
Superintendent shall.
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(a) notify in writing the pupil and the parent of the pupil, of the
discharge, the reason therefor and the right of appeal to the
Director;
(b) counsel the parent of the pupil, or the pupil where he or she
is eighteen years of age or over, in respect of the opportuni-
ties available to the pupil; and
(c) give supportive guidance to the parent and to the pupil
where, in the opinion of the Superintendent, such guidance
is necessary.
(3) The parent of a pupil who has been discharged under subsec-
tion (1), or the discharged pupil where he or she is eighteen years of
age or over, may, within seven days of the discharge, appeal to the
Director against the discharge, and the Director, after hearing the
appeal or where no appeal is made, may confirm the discharge or
order that the pupil be readmitted to the School.
(4) The parties to a hearing under this section shall be the parent
of the pupil, or the pupil where he or she is eighteen years of age or
over, and the Superintendent. R.R.O. 1980, Reg. 268, s. 20.
21. A Superintendent may cause a pupil to be sent home because
of,
(a) serious or continued ill-health of the pupil; or
(b) the need of the pupil for medical treatment, certified by the
school physician. R.R.O. 1980, Reg. 268, s. 21.
SUPERINTENDENT'S ADVISORY COUNCIL
22.— (1) A Superintendent may establish a Superintendent's
Advisory Council for his or her School to make recommendations to
the Superintendent in respect of the organization, administration and
government of the School.
(2) A Superintendent's Advisory Council established under sub-
section (1) shall be composed of at least six persons appointed by the
Superintendent, and such Council shall meet at the call of the Super-
intendent at least twice during each school year.
(3) A member of a Superintendent's Advisory Council is entitled
to be reimbursed for his or her expenses necessarily incurred to
attend a meeting of the Superintendent's Advisory Council.
R.R.O. 1980, Reg. 268, s. 22.
Qualifications of Teachers
-(1) A teacher employed to teach the deaf at a School shall
23.-
hold.
(a) a certificate of qualification to teach in an elementary
school or a secondary school in Ontario or a letter of stand-
ing; and
(b) the Diploma in Deaf Education granted by the Minister or
qualifications in education of the deaf that the Minister con-
siders equivalent thereto.
(2) A deaf adult may be employed to teach the deaf at a School if
he or she holds a Permanent Letter of Standing valid for the teaching
of the deaf.
(3) A teacher employed to teach the blind at a School shall,
(a) hold a certificate of qualification to teach in an elementary
school or a secondary school in Ontario or a letter of stand-
ing; and
(b) have completed, or be actively engaged in completing, the
requirements for the specialist qualification for teaching the
blind, or hold qualifications in education of the blind that
the Minister considers equivalent thereto.
(4) A teacher employed to teach the deaf-blind at a School shall,
(a) hold a certificate of qualification to teach in an elementary
school or a secondary school in Ontario or a letter of stand-
ing; and
(b) have completed, or be actively engaged in completing, the
requirements for the specialist qualification for teaching the
deaf-blind, or hold qualifications in education of the deaf-
blind that the Minister considers equivalent thereto.
R.R.O. 1980, Reg. 268, s. 23.
REGULATION 297
ONTARIO TEACHER'S QUALIFICATIONS
Definitions
1. In this Regulation,
'acceptable university degree" means a degree that is,
(a) granted by an Ontario university that is an ordinary mem-
ber of the Association of Universities and Colleges of
Canada,
(b) granted by a Canadian university in a province other than
Ontario that is an ordinary member of the Association of
Universities and Colleges of Canada, and is a degree that is
considered by the Minister to be equivalent to a degree
referred to in clause (a),
(c) granted by a university in the United States that is recog-
nized by,
(i) Middle States Association of Colleges and Schools,
(ii) New England Association of Schools and Colleges,
(iii) North Central Association of Colleges and Schools,
(iv) Northwest Association of Schools and Colleges,
(v) Southern Association of Colleges and Schools, or
(vi) Western Association of Schools and Colleges,
and is considered by the Minister to be equivalent to a
degree referred to in clause (a), and
(d) granted by a university that is located in a country other
than Canada and the United States and that is considered
by the Minister to be equivalent to a degree referred to in
clause (a);
"appropriate supervisory officer" means, in respect of a teacher, the
supervisory officer assigned by a board in accordance with the Act
and regulations or by the Minister to provide supervisory services
in respect of the performance by the teacher of his or her duties
under the Act and the regulations;
"approved program" means a program approved by the Minister;
"band" and "council of the band" have the same meaning as in the
Indian Act (Canada);
"candidate" means a candidate for an Ontario Teacher's Certificate,
a Letter of Standing or an additional qualification granted under
this Regulation;
"Deputy Minister" means the Deputy Minister of Education;
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"division" means the primary division, junior division, intermediate
division or senior division;
"education authority" means a corporation that is incorporated by
two or more bands or councils of bands for the purpose of provid-
ing for the educational needs of the members of such bands;
"general studies" means the courses developed from curriculum
guidelines that are issued by the Minister for the intermediate divi-
sion and senior division and listed under a heading other than
"Technological Studies" in Appendix B to OSIS;
"holds a degree" means, in respect of a candidate, that he or she has
completed all the requirements for and has been approved for, the
granting of a degree, regardless of whether or not the degree has
been conferred;
"OSIS" means the circular entitled "Ontario Schools Intermediate
and Senior Divisions Program and Diploma Requirements" issued
by the Minister including any document issued by the Minister in
accordance with paragraphs 1, 2, 3, 4 and 25 of subsection 8 (1) of
the Act;
"program of professional education" means a program approved by
the Minister and conducted at a college, faculty or school of educa-
tion in Ontario that includes,
(a) a concentrated study of,
(i) the primary and junior divisions,
(ii) the junior division and one optional course from
Schedule A that is in the intermediate division and a
course related to grades 7 and 8 of the intermediate
division,
(iii) the intermediate and senior divisions including two
optional courses from Schedule A, or
(iv) technological studies, including a minimum of two
optional courses from Schedule B at the basic level,
or one optional course from Schedule B at the basic
level and the other such course at the advanced
level,
(b) studies in education including learning and development
throughout the primary, junior, intermediate and senior
division,
(c) teaching methods designed to meet the individual needs of
pupils,
(d) the acts and regulations respecting education,
(e) a review of the curriculum guidelines issued by the Minister
related to all of the divisions and a study of curriculum
development, and
(f) a minimum of forty days of practical experience in schools
or in other situations approved by the Minister for observa-
tion and practice teaching;
"technological qualifications" means, in respect of a candidate for
the Ontario Teacher's Certificate or a Provisional or Temporary
Letter of Standing,
(a) the holding of the secondary school graduation diploma or
the successful completion of courses that are considered by
the Minister to be the equivalent of such diploma,
(b) proof of his or her competence in the area or areas of tech-
nological studies selected as options in the program of pro-
fessional education, and
(c) one of.
(i) five years of wage-earning, business or industrial
experience in the area or areas of technological stud-
ies selected as options in the program of professional
education, or
(ii) a combination of education related to the area or
areas of technological studies selected as options in
the program of professional education beyond that
referred to in clause (a) and business or industrial
experience in the area or areas of technological stud-
ies selected as options in the program of technologi-
cal studies that totals five years, including at least
two years of wage-earning experience, no less than
sixteen months of which is continuous employment;
"technological studies" means the courses developed from curricu-
lum guidelines that are issued by the Minister for the intermediate
division and the senior division and listed under the heading
"Technological Studies" in Appendix B to OSIS;
"university course" means a one-year university course beyond the
Grade 13 level, or the equivalent of such one-year university
course, where the course is part of a program leading to an accept-
able university degree;
"university credit" means a unit of recognition in respect of the suc-
cessful completion of a university course, such that sixty such uni-
versity credits are required to complete a four-year university pro-
gram leading to an acceptable university degree. R.R.O. 1980,
Reg. 269, s. 1; O. Reg. 415/81, s. 1; O. Reg. 288/83, s. 1; O. Reg.
157/87, s. 1.
PARTI
BASIC QUALIFICATIONS
2. A candidate for the Ontario Teacher's Certificate shall submit
to the dean of a college or faculty of education or the director of a
school of education in Ontario,
(a) a certificate of birth or baptism, or other acceptable proof
of the date and place of birth;
(b) in the case of a candidate who is a married woman who
wishes to have her certificate issued in her married name, a
certificate of marriage or other acceptable proof that she is
the person referred to in the certificate or other document
submitted under clause (a);
(c) a certificate of change of name where applicable;
(d) evidence satisfactory to such dean or director of his or her
academic or technological qualifications;
(e) in the case of a person who was not born in Canada, the
basis upon which the candidate is present in Canada;
(f) proof of freedom from active tuberculosis. R.R.O. 1980,
Reg. 269, s. 2; O. Reg. 222/86, s. 1.
3. Where the dean of a college or faculty of education or the
director of a school of education in Ontario reports to the Deputy
Minister that a candidate,
(a) has complied with section 2;
(b) holds an acceptable university degree or qualifications the
Minister considers equivalent thereto, or technological
qualifications; and
(c) has successfully completed a program of professional edu-
cation,
the Minister may grant to the candidate an Ontario Teacher's Certifi-
cate in Form 1, and an Ontario Teacher's Qualifications Record
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Reg./Règl. 297
Card in Form 2 that indicates the areas of concentration successfully
completed. R.R.O. 1980, Reg. 269, s. 3; O. Reg. 222/86, s. 2.
4.— (1) An entry on an Ontario Teacher's Qualifications Record
Card in respect of a program successfully completed in Canada shall
indicate by the language in which the entry is recorded whether the
program was taken in English or in French.
(2) An entry on an Ontario Teacher's Qualifications Record
Card in respect of a program successfully completed out of Canada
shall indicate by the language in which the entry is recorded whether
the qualification referred to is for teaching in schools and classes
where English is the language of instruction or in French-language
schools and classes established under Part XII of the Act.
(3) Despite section 13, qualifications valid in French-language
schools and classes established under Part XII of the Act are valid in
French-language classes where the teacher is otherwise qualified
according to subsection 19 (14) of Regulation 298 of Revised Regula-
tions of Ontario, 1990. R.R.O. 1980, Reg. 269, s. 4; O. Reg.
222/86, s. 3.
5. Where the dean of a college or faculty of education or the
director of a school of education in Ontario reports to the Deputy
Minister that a candidate,
(a) has complied with section 2;
(b) is of native ancestry;
(c) holds the requirements for a Secondary School Graduation
Diploma or standing the Minister considers equivalent
thereto; and
(d) has successfully completed a program of professional edu-
cation with concentration in the primary division and the
junior division,
the Minister may grant to the candidate an Ontario Teacher's Certifi-
cate, in Form 1, and an Ontario Teacher's Qualifications Record
Card in Form 2 that indicates the areas of concentration successfully
completed. R.R.O. 1980, Reg. 269, s. 6; O. Reg. 567/82, s. 2.
6.— (1) Where the dean of a college or faculty of education or the
director of a school of education in Ontario at the time of making a
report under section 3, 5, 7 or 10 is of the opinion from the informa-
tion provided under section 2 by the candidate in respect of whom
the report is to be made, that the candidate is not entitled under the
laws of Canada to obtain employment as a teacher in Canada, the
dean or director at the time of making the report shall so inform the
Minister.
(2) Where the Minister is informed as set out in subsection (1),
the Minister may refuse to grant the certificate and record card
referred to in section 3 or 5 or in subsection 10 (2), as the case may
be, or may withhold the Provisional Letter of Standing referred to in
section 7 or its extension under subsection 10 (1), until the candidate
provides proof to the Minister that the candidate is entitled under the
laws of Canada to obtain employment as a teacher in Canada.
O. Reg. 157/87, s. 3.
7. Where the dean of a college or faculty of education or the
director of a school of education in Ontario reports to the Deputy
Minister that a candidate,
(a) has complied with section 2;
(b) holds an acceptable university degree or qualifications the
Minister considers equivalent thereto or technological qual-
ifications; and
(c) has successfully completed the first session of a program of
professional education,
the Minister may grant to the candidate a Provisional Letter of
Standing, in Form 4 where the session was taken in English and in
Form 4a where the session was taken in French. R.R.O. 1980,
Reg. 269, s. 10.
8. Where a person who is the holder of a Provisional Letter of
Standing granted under section 7 that has expired, or is about to
expire, submits to the Deputy Minister evidence that he or she has an
offer of a position as a teacher from,
(a) a board;
(b) a private school;
(c) the Provincial Schools Authority established under section
2 of the Provincial Schools Negotiations Act;
(d) the Department of Indian Affairs and Northern Develop-
ment of the Government of Canada; or
(e) a council of a band or an education authority where such
council of the band or education authority is authorized by
the Crown in right of Canada to provide education for Indi-
ans,
the Minister may renew the Provisional Letter of Standing for a
period of one year. O. Reg. 194/85, s. \,part.
9. For the purposes of section 10, a person who holds a Tempo-
rary Elementary School Certificate or a Temporary Secondary
School Certificate is deemed to hold a Provisional Letter of Standing
granted on the date of his or her Temporary Elementary School Cer-
tificate or his or her Temporary Secondary School Certificate.
R.R.O. 1980, Reg. 269, s. 11.
10.— (1) Where the dean of a college or faculty of education or
the director of a school of education in Ontario reports to the Deputy
Minister that a person who holds a Provisional Letter of Standing,
(a) has taught successfully for one school year in Ontario as
certified by the appropriate supervisory officer; and
(b) has successfully completed the second session of a program
of professional education where such second session is not
the final session of the program,
the Minister may extend the person's Provisional Letter of Standing
for one year. R.R.O. 1980, Reg. 269, s. 12 (1).
(2) Where the dean of a college or faculty of education or the
director of a school of education in Ontario reports to the Deputy
Minister that a candidate who holds a Provisional Letter of Standing,
(a) has taught successfully in Ontario, as certified by the appro-
priate supervisory officer, for one school year after the
granting of a Provisional Letter of Standing and after its
extension where it was extended; and
(b) has successfully completed the final session of a program of
professional education,
the Minister may grant to the candidate an Ontario Teacher's Certifi-
cate in Form 1, and an Ontario Teacher's Qualifications Record
Card in Form 2 that indicates the areas of concentration successfully
completed. R.R.O. 1980, Reg. 269, s. 12 (2); O. Reg. 222/86, s. 6.
11. An applicant for a Temporary Letter of Standing who com-
pleted a teacher education program outside Ontario shall submit to
the Deputy Minister with the application,
(a) the items required to be submitted under section 2;
(b) evidence of his or her academic or technological qualifica-
tions;
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Reg./Règl. 297
(c) his or her teaching certificate and a transcript of his or her
teacher education program;
(d) a statement from the issuing authority that his or her teach-
ing certificate has not been suspended or cancelled;
(e) where the candidate is not a Canadian citizen or a perma-
nent resident of Canada, evidence that the candidate is enti-
tled under the laws of Canada to obtain employment in
Canada as a teacher; and
(f) such evidence as the Deputy Minister may require of suc-
cessful teaching experience in schools and programs similar
to those for which the Temporary Letter of Standing
applied for is valid. R.R.O. 1980, Reg. 269, s. 14;
O. Reg. 231/84, s. 1; O. Reg. 222/86, s. 8.
12.— (1) Where an applicant for a Temporary Letter of Standing,
(a) has complied with section 1 1 ;
(b) has successfully completed in a Canadian province other
than Ontario a teacher education program acceptable to the
Minister; and
(c) holds the academic or technological qualifications required
for an Ontario Teacher's Certificate,
the Deputy Minister may issue to the applicant a Letter of Eligibility
in Form 5 where the teacher education program was taken in English
and in Form 5a where the program was taken in French. R.R.O.
1980, Reg. 269, s. 15 (1); O. Reg. 231/84, s. 2.
(2) Where an applicant who holds a Letter of Eligibility granted
under this section submits to the Deputy Minister evidence that the
applicant has an offer of a position as a teacher in Ontario from,
(a) a board;
(b) a private school;
(c) the Provincial Schools Authority established under section
2 of the Provincial Schools Negotiations Act;
(d) the Department of Indian Affairs and Northern Develop-
ment of the Government of Canada; or
(e) a council of a band or an incorporated education authority
established by two or more bands where such council of the
band or education authority is authorized by the Crown in
right of Canada to provide education for Indians,
and that the offer is subject to the applicant obtaining a Temporary
Letter of Standing, the Minister may grant to the applicant a Tempo-
rary Letter of Standing in Form 3 or Form 3a, as the case may be,
valid for six years from the date of issue. R.R.O. 1980, Reg. 269,
s. 15 (2); O. Reg. 157/87, s. 4.
13. Where an applicant for a Temporary Letter of Standing,
(a) has complied with the requirements of section 1 1 ;
(b) has successfully completed outside Canada a teacher educa-
tion program acceptable to the Minister; and
(c) holds the academic or technological qualifications required
for an Ontario Teacher's Certificate,
the Deputy Minister may issue to the applicant a Letter of Eligibility
in Form 5 or if the applicant wishes to become qualified to teach in
French-language schools and classes established under Part XII of
the Act, a Letter of Eligibility in Form 5a. R.R.O. 1980, Reg. 269,
s. 16; O. Reg. 231/84, s. 3.
14. Where an applicant who holds a Letter of Eligibility issued
under section 13 in Form 5 or Form 5a submits to the Deputy Minis-
ter evidence that the applicant,
(a) has an offer of a position as a teacher in Ontario from,
(i) a board,
(ii) a private school,
(iii) the Provincial Schools Authority established under
section 2 of the Provincial Schools Negotiations Act,
(iv) the Department of Indian Affairs and Northern
Development of the Government of Canada, or
(v) a council of a band or an incorporated education
authority established by two or more bands where
such council of the band or education authority is
authorized by the Crown in right of Canada to pro-
vide education for Indians,
and such offer is subject to his or her obtaining a Tempo-
rary Letter of Standing; and
(b) has successfully completed, subsequent to the date of such
offer, an approved orientation program in English or
French, as the case may be, for holders of Letters of Eligi-
bility,
the Minister may grant to the applicant a Temporary Letter of Stand-
ing in Form 3 or Form 3a, as the case may be, valid for six years from
the date of issue. R.R.O. 1980, Reg. 269, s. 17; O. Reg. 157/87,
s. 5.
15. The Minister may grant a Temporary Letter of Standing, in
Form 3 where the program of professional education was taken in
English or in Form 3a where such program was taken in French, that
is valid for a period of one year from the date of issue to a person
who,
(a) was the holder of a Letter of Standing that was issued under
Parts I, II and IV of Ontario Regulation 295/73 and that
had the force of an Interim Certificate referred to in subsec-
tion 26 (1); and
(b) is not the holder of an Ontario Teacher's Certificate or a
Temporary Letter of Standing and who is offered a position
as a teacher by,
(i) a board,
(ii) a private school,
(iii) the Provincial Schools Authority established under
section 2 of the Provincial Schools Negotiations Act,
(iv) the Department of Indian Affairs and Northern
Development of the Government of Canada, or
(v) a council of a band or an education authority, where
such council of the band or education authority is
authorized by the Crown in right of Canada to pro-
vide education for Indians. O. Reg. 157/87, s. 6,
part.
16. A Temporary Letter of Standing that was issued to a person
on or after the 1st day of July, 1978 up to and including the 9th day of
July, 1980 that was intended to be valid for six years ceases to be
valid on the 10th day of July, 1987. O. Reg. 157/87, s. (>,part.
17.— (1) Where a person who holds a Temporary Letter of Stand-
ing granted under section 12, 14 or 15 or a Temporary Letter of
Standing to which section 16 applies, that is still valid or that has
expired, submits to the Deputy Minister evidence that the person
had, while the person was the holder of the Temporary Letter of
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Standing, at least ten months of successful teaching experience in
Ontario as certified by the appropriate supervisory officer, the Minis-
ter may grant to the person an Ontario Teacher's Certificate in Form
1 and an Ontario Teacher's Qualifications Record Card in Form 2
that indicates the areas of concentration successfully completed.
(2) Where a Temporary Letter of Standing issued under section
12, 14 or 15 or a Temporary Letter of Standing to which section 16
applies expires, the person who is the holder of the Temporary Let-
ter of Standing is not eligible for another Temporary Letter of
Standing. O. Reg. 157/87, s. 7.
18.— (1) Where a person who holds a Temporary Letter of Stand-
ing granted under section 12, 14 or 15 or a Temporary Letter of
Standing to which section 16 applies, that has expired or is about to
expire, submits to the Deputy Minister,
(a) evidence that the person had while the person was the
holder of the Temporary Letter of Standing, fewer than ten
months of successful teaching experience in Ontario, as cer-
tified by the appropriate supervisory officer; and
(b) evidence that the person has an offer of a position as a
teacher from,
(i) a board,
(ii) a private school,
(iii) the Provincial Schools Authority established under
section 2 of the Provincial Schools Negotiations Act,
(iv) the Department of Indian Affairs and Northern
Development of the Government of Canada, or
(v) a council of a band or an incorporated education
authority established by two or more bands where
such council of the band or education authority is
authorized by the Crown in right of Canada to pro-
vide education for Indians,
the Minister may, despite subsection 17 (2), extend the period of
validity of the Temporary Letter of Standing that has expired or is
about to expire, as the case may be, for a period of one year.
(2) Where the Minister extends the period of validity of a Tem-
porary Letter of Standing under subsection (1), the Temporary Let-
ter of Standing issued to the person shall be altered to indicate the
extended period of validity. O. Reg. 157/87, s. 9.
19. Where the principal of the Teacher Education Centre, Belle-
ville, reports to the Deputy Minister that a candidate,
(a) has complied with section 2;
(b) is not a Canadian citizen or a permanent resident of
Canada, but that the candidate is entitled under the laws of
Canada to obtain employment in Canada as a teacher;
(c) is unable to undertake a program leading to the Ontario
Teacher's Certificate by reason of impaired hearing;
(d) holds an acceptable university degree or qualifications the
Minister considers equivalent thereto; and
(e) has successfully completed an approved program of teacher
education for teaching the deaf,
the Minister may grant to the candidate a Permanent Letter of
Standing in Form 6 where such approved program was taken in
English and in Form 6a where such approved program was taken in
French that is valid in Ontario for teaching the deaf. R.R.O. 1980,
Reg. 269, s. 20 (1); O. Reg. 222/86, s. 12.
20. Where the principal of a course leading to the additional qual-
ification of Part I Special Education, or the dean of a college or fac-
ulty of education or the director of a school of education in Ontario,
reports to the Deputy Minister that a candidate,
(a) holds one of.
(i) a Diploma in Pre-School Education obtained
Ryerson Polytechnical Institute,
at
(ii) a Diploma in Child Study obtained at the Institute of
Child Study of the University of Toronto, or
(iii) a Diploma in Early Childhood Education obtained
at an Ontario college of applied arts and technology;
(b) has complied with section 2;
(c) has successfully completed the program for Part I Special
Education including Part I of the Teaching Trainable
Retarded option; and
(d) is not a Canadian citizen or a permanent resident of
Canada, but that the candidate is entitled under the laws of
Canada to obtain employment in Canada as a teacher,
the Minister may grant to the candidate a Provisional Letter of
Standing, in Form 4 where such program was taken in English and in
Form 4a where such program was taken in French, that is valid for
one year for teaching in schools or classes for the trainable retarded.
R.R.O. 1980, Reg. 269, s. 21; O. Reg. 222/86, s. 14.
21. Where a person who is the holder of a Provisional Letter of
Standing granted under section 20 that has expired, or is about to
expire, submits to the Deputy Minister evidence that he or she has an
offer of a position as a teacher in schools or classes for the trainable
retarded, the Minister may renew the Provisional Letter of Standing
for a period of one year. O. Reg. 194/85, s. I, part.
22. Where the principal of a course leading to the additional qual-
ification of Part II Special Education, or the dean of a college or fac-
ulty of education or the director of a school of education in Ontario
reports to the Deputy Minister that a candidate,
(a) holds a Provisional Letter of Standing granted under sec-
tion 20;
(b) has taught successfully for one year in Ontario in a school
or class for the trainable retarded as certified by the appro-
priate supervisory officer;
(c) is not a Canadian citizen or a permanent resident of
Canada, but that the candidate is entitled under the laws of
Canada to obtain employment in Canada as a teacher; and
(d) has successfully completed the program for Part II Special
Education including Part II of the Teaching Trainable
Retarded option,
the Minister may grant to the candidate a Permanent Letter of
Standing, in Form 6 where such program was taken in English, or in
Form 6a where such program was taken in French, that is valid for
teaching in schools or classes for the trainable retarded. R.R.O.
1980, Reg. 269, s. 22 (1); O. Reg. 222/86, s. 15.
23. Where the dean of a college or faculty of education or the
director of a school of education in Ontario reports to the Deputy
Minister that a candidate,
(a) has demonstrated an acceptable degree of fluency in the
Algonquian or Iroquoian language;
(b) has complied with section 2;
(c) has successfully completed the first session of an approved
374
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Reg./Règl. 297
program for Teacher of a Native Language as a Second
Language; and
(d) if not a Canadian citizen or a permanent resident of
Canada, that the candidate is entitled under the laws of
Canada to obtain employment in Canada as a teacher,
the Minister may grant to the candidate a Provisional Letter of
Standing that is valid for one year, in Form 4 where the program was
taken in English and in Form 4a where the program was taken in
French. O. Reg. 111/86, s. \,part; O. Reg. 222/86, s. 17; O. Reg.
157/87, s. 10.
24. Where the dean of a college or faculty of education or the
director of a school of education in Ontario reports to the Deputy
Minister that a candidate,
(a) holds a Provisional Letter of Standing granted under sec-
tion 23;
(b) has submitted evidence of at least one year of successful
teaching experience in an approved program for a Native
Language as a Second Language,
(i) in Ontario, as certified by the appropriate supervi-
sory officer,
(ii) in Ontario in a school operated on an Indian
Reserve, as certified by the appropriate supervisory
official, or
(iii) outside Ontario, as certified by the appropriate
supervisory official; and
(c) has successfully completed the second session of an
approved program for Teacher of a Native Language as a
Second Language after completing the experience referred
to in clause (b),
the Minister may extend the Candidate's Provisional Letter of Stand-
ing for one year. O. Reg. 111/86, s. \,part.
25. Where the dean of a college or faculty of education or the
director of a school of education in Ontario reports to the Deputy
Minister that a candidate,
(a) holds a Provisional Letter of Standing extended under sec-
tion 24;
(b) has submitted evidence of at least one year of successful
teaching experience in an approved program for a Native
Language as a Second Language,
(i) in Ontario, as certified by the appropriate supervi-
sory officer,
(ii) in Ontario in a school operated on an Indian
Reserve, as certified by the appropriate supervisory
official, or
(iii) outside Ontario, as certified by the appropriate
supervisory official,
where the teaching experience follows the completion of
the experience referred to in section 24; and
(c) has successfully completed the third session of an approved
program for Teacher of a Native Language as a Second
Language after completing the experience referred to in
clause (b),
the Minister may grant to the Candidate a Permanent Letter of
Standing in Form 9 where the program was taken in English, or in
Form 9a where the program was taken in French. O. Reg. 111/86,
s. I, pan; O. Reg. 222/86, s. 18 (1, 2); O. Reg. 157/87, s. 11.
26.— (1) A person who holds one of the following certificates and
who is,
(a) a Canadian citizen; or
(b) a British subject who was granted the certificate prior to the
1st day of September, 1973,
is deemed to hold the Ontario Teacher's Certificate:
1 . First Class Certificate valid in Secondary Schools.
2. High School Specialist's Certificate.
3. Interim Elementary School Teacher's Certificate.
4. Interim Elementary School Teacher's Certificate, Standard
1,2, 3 or 4.
5. Interim Elementary School Teacher's Certificate, Standard
1, 2, 3 or 4 (French only).
6. Interim First Class Certificate.
7. Interim High School Assistant's Certificate.
8. Interim High School Assistant's Certificate, Type A.
9. Interim High School Assistant's Certificate, Type B.
10. Interim Occupational Certificate, Type A (Practical Sub-
jects).
11. Interim Occupational Certificate, Type B (Practical Sub-
jects).
12. Interim Primary School Specialist's Certificate.
13. Interim Second Class Certificate.
14. Interim Vocational Certificate, Type A.
15. Interim Vocational Certificate, Type B.
16. Occupational Specialist's Certificate (Practical Subjects).
17. Permanent Commercial- Vocational Certificate.
18. Permanent Elementary School Teacher's Certificate.
19. Permanent Elementary School Teacher's Certificate, Stan-
dard 1, 2, 3 or 4.
20. Permanent Elementary School Teacher's Certificate, Stan-
dard 1, 2, 3 or 4 (French only).
21. Permanent First Class Certificate.
22. Permanent High School Assistant's Certificate.
23. Permanent Occupational Certificate (Practical Subjects).
24. Permanent Primary School Specialist's Certificate.
25. Permanent Second Class Certificate.
26. Permanent Vocational Certificate.
27. Vocational Specialist's Certificate. R.R.O. 1980, Reg.
269, s. 24 (1); O. Reg. 157/87, s. 12.
(2) The Minister shall grant to a person referred to in subsection
(1) an Ontario Teacher's Certificate in Form 1, and an Ontario
Teacher's Qualifications Record Card in Form 2 that indicates the
375
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EDUCATION
Rcg./Règl. 297
qualiticaticins hcKI bv the person. R.R.O. I4,S(1, Reg. 264.
s. 24 (2).
^^) A person who holds an nUerini cenifieate referred to in sub-
section (1) continues to be quahfied to teach in accordance with the
cerlilicate until the date to which the certificate is vahd as shown
thereon and tlie person may upon apphcation be granted by the Min-
ister an Ontario Teacher's Certificate in Form I and an Ontario
Teacher's Ouahlications Record Card in Form 2 that indicates the
t|uahfications that he or she holds. O. Reg. 222/86, s. 21 ( 1 ).
(4) W here a person who held a Letter of Standing granted before
the 1st day of July, 147S submits to the Deputy Minister evidence of
at least ten months of successful teaching experience in Ontario on
the Letter of Standing, as certified by the appropriate supervisory
officer, in a division or subject for which the Letter of Standing is
valid, the Minister mav grant to the person an Ontario Teacher's
Certificate in Form 1, and an Ontario Teacher's Qualifications
Record Cartl in Form 2 that indicates the qualifications held by the
person. R.R.O. I'JSO, Rea. 269, s. 24 (4); O. Reg. 222/86,
s. 21 (2).
27.— ( I) A person who holds one of the following certificates or
Letters of Stantling that was valid on the 1st day of July, 1978 but
who is not qualified for the Ontario Teacher's Certificate under this
Regulation remains qualified to teach in the classes, schools and sub-
jects in which he or she is (.|ualified by the certificate or Letter of
Standing:
1. I/lementaiv Certificate in Teaching Trainable Retarded
Children.
2. I-lementaiy Instrumental Music Certificate, Type A.
.1. lilementary Instrumental Music Certificate, Type B.
4. Elementary Vocal Music Certificate, I'ype A.
.■^. l/lementaiy Vocal Music Certificate, lype B.
6. Interim Second Class Certificate (French only),
7. Interim Specialist Certificate in Instrumental Music.
8. Interim Speci.ilist Certificate in Vocal Music.
9. Intermediate Certificate in Teaching Trainable Retarded
Children.
III. Intermediate Industrial Arts Only Certificate.
1 1 . Intermetliate Instrumental Music Certificate, Type A.
12. Intcrmetliate Instrumental Music Certificate. Type B.
1.^. Intermeiliate \ ocal Music Certificate. Type A.
14. Intermediate Vocal Music Certificate. Type B.
1.^. Letter of Standing (Renewable).
16. I'ernianent Letter of Standing ( Renewable).
17. Permanent Second Class Certificate (French only).
18. Permanent Specialist Certificate in Instrumental Music.
19. Permanent Specialist Certificate in Vocal Music.
2(1. Specialist Cerlilicate as leacher of the Blind.
21. Specialist Certilicale as leacher of the Deaf.
22. Supervisor's Certificate in Instrumental Music.
23. Supervisor's Certificate in Vocal Music.
24. leacher of the Trainable Retarded.
2-'i. Temporary Certificate as Teacher of French to English-
speaking Pupils in I-lementarv Schools. R.R.O. 1980,
Reg. 269, s. 2.^^ ( 1 ); O. Reg. LS7/87. s. 13.
(2) Where the dean of a college or faculty of education or the
director of a school of education in Ontario reports to the Deputy
Minister that a candidate,
(a) has complied with section 2;
(b) is not a Canadian citizen or a permanent resident of
Canada, but that the candidate is entitled under the laws of
Canada to obtain employment in Canada as a teacher;
(c) holds a certificate or Letter of Standing listed in subsection
(I);
(d) holds an acceptable university degree or qualifications the
Minister considers equivalent thereto, or technological
qualifications or, in the case of a candidate for an Ontario
Teacher's Certificate valid for teaching in French-language
schools and classes established under Part .\II of the Act, a
Secondary School Honour Graduation Diploma; and
(e) has successfully completed appriwed programs with concen-
tration in two divisions.
the Minister may grant to the candidate an Ontario Teacher's Certifi-
cate in Form 1 and an Ontario Teacher's Qualifications Record Card
in Form 2 that indicates the areas of concentration successfully
completed. R.R.O. 1980. Rcti- 269, s. 25 (2); O. Reg. 222/86,
s. 22.
(3) A person who holds a Deferred F.lementaiy School Teacher's
Certificate or a Deferred First Class Certificate that was valid on the
1st day of July, 1978 remains qualified to teach in the schools and
classes for which he or she is qualified by the certificate and, upon
submission to the Ministry of evidence of completion of the academic
requirements for an Interim Elementary School Teacher's Certificate
or an Interim First Class Certificate, as the case may be, in force at
the time the deferred certificate was issued, the Minister may grant
to the person an Ontario Teacher's Certificate in Form 1, and an
Ontario Teacher's Qualifications Record Card in Form 2 that indi-
cates the qualifications held by the person.
(4) A person who holds an Interim Commercial-Vocational Cer-
tificate that was valid on the .^Dth day of June, 1978, subject to the
conditions and requirements pertaining to such certificate, remains
qualified to teach in the schools and classes for which he or she is
qualified by the certificate, and upon submission to the Ministry, on
or before the .^Oth day of June, 1981, of evidence that he or she has
met the requirements for a Permanent Commercial-Vocational Cer-
tificate in force at the time the interim certificate was issued, the
Minister may grant to the person an Ontario Teacher's Certificate in
Form I and an Ontario Teacher's Qualifications Record Card in
Form 2 that indicates the qualifications held by the person. R.R.O.
1980, Reg. 269, s. 2.^ (.1,4).
PART II
ADDITIONAL QUALIFK ATIONS FOR TEACHERS
28. A session of a course leailing to an additional qualification
shall consist of a minimum of 12.^ hours of work that is approved by
the Minister. R.R.O. 1981), Reg. 269. s. 26.
29. Where the dean of a college or faculty of education or the
director of a school of education in Ontario reports to the Deputy
Minister that a candidate.
(a) holds or is deemetl to hold an Ontariii Teacher's Certificate
or a Temporary Letter of Standing;
Mb
Reg./Règl. 297
EDUCATION
Reg./Règl. 297
(b) holds an acceptable university degree or qualifications the
Minister considers equivalent thereto; and
(c) has successfully completed an approved program leading to
qualifications in an additional area of concentration in the
primary division, the junior division, the intermediate divi-
sion in general studies or the senior division in general stud-
ies, where the candidate holds an Ontario Teacher's Certifi-
cate or a Temporary Letter of Standing or where the
candidate has been recommended for such certificate or let-
ter of standing by the dean of a college or faculty of educa-
tion or the director of a school of education in Ontario,
the Minister may have entered on the candidate's Ontario Teacher's
Qualifications Record Card or the record of qualification in respect
of such teacher held by the Ministry such additional area of
concentration. O. Reg. 194/85, s. 2.
30.— (1) Subject to subsection (2), where the dean of a college or
faculty of education in Ontario reports to the Deputy Minister that a
candidate,
(a) holds or is deemed to hold an Ontario Teacher's Certificate
or a Temporary Letter of Standing;
(b) has successfully completed an approved program leading to
additional qualifications in a subject listed in Schedule B,
where the candidate holds an Ontario Teacher's Certificate
or a Temporary Letter of Standing or has been recom-
mended for such certificate or letter of standing by the dean
of a college or faculty of education or the director of a
school of education in Ontario;
(c) in the case of a candidate for a qualification listed in Sched-
ule B at the advanced level, has produced evidence of
twelve months of business or industrial experience in the
area of the qualification; and
(d) has demonstrated competence in the area referred to in
clause (c),
the Minister may have entered on the candidate's Ontario Teacher's
Qualifications Record Card or the record of qualification in respect
of such teacher held by the Ministry the additional qualification in
such subject.
(2) An additional qualification may not be entered under subsec-
tion (1) on the Ontario Teacher's Qualifications Record Card or the
record of qualification in respect of such teacher held by the Minis-
try, of a candidate whose areas of concentration in the program of
professional education that qualified him or her for the Ontario
Teacher's Certificate were not in technological studies unless the
candidate meets the requirements of clause (c) of the definition of
"technological qualifications" in section 1. O. Reg. 194/85, s. 3,
revised.
One Session Courses
31. Where the principal of a single-session course leading to a
qualification listed in Schedule C or the dean of a college or faculty
of education or the director of a school of education in Ontario
reports to the Deputy Minister that a candidate,
(a) holds or is deemed to hold an Ontario Teacher's Certificate
or a Temporary Letter of Standing; and
(b)
has successfully completed an approved program leading to
additional qualifications in a subject listed in Schedule C,
where the candidate holds an Ontario Teacher's Certificate
or a Temporary Letter of Standing or where the candidate
has been recommended for such certificate or letter of
standing by the dean of a college or faculty of education or
the director of a school of education in Ontario,
the Minister may have entered upon the candidate's Ontario Teach-
er's Qualifications Record Card or the record of qualification in
respect of such teacher held by the Ministry the additional qualifica-
tion in such subject. O. Reg. 194/85, s. 5.
Three-Session Specialist Courses
32. Where the principal of the first session of a three-session
course leading to a qualification listed in Schedule D or the dean of a
college or faculty of education or the director of a school of educa-
tion in Ontario reports to the Deputy Minister that a candidate,
(a) holds or is deemed to hold an Ontario Teacher's Certificate
or a Temporary Letter of Standing and in the case of,
(i) all qualifications listed in Schedule D except Com-
puters in the Classroom, Co-operative Education,
Guidance, Industrial Arts, Media, Multiculturalism
in Education, Music-Instrumental, Music-Vocal
(Primary, Junior), Music-Vocal (Intermediate,
Senior), Special Education and Visual Arts, the can-
didate's Ontario Teacher's Qualifications Record
Card or the record of qualification in respect of such
teacher held by the Ministry has an entry showing
qualifications in the primary division, the junior divi-
sion, the intermediate division in general studies or
the senior division in general studies, or
(ii) Primary Education, Junior Education and Interme-
diate Education, the candidate's Ontario Teacher's
Qualifications Record Card or the record of qualifi-
cation in respect of such teacher held by the Ministry
has an entry for the area of concentration for the
corresponding division; and
(b) has successfully completed an approved program leading to
additional qualifications in a subject listed in Schedule D,
where the candidate holds an Ontario Teacher's Certificate
or a Temporary Letter of Standing or where the candidate
has been recommended for such certificate or letter of
standing by the dean of a college or faculty of education in
Ontario,
the Minister may have entered upon the candidate's Ontario Teach-
er's Qualifications Record Card or the record of qualification in
respect of such teacher held by the Ministry the Part I qualification in
such subject. O. Reg. 194/85, s. 6.
33. Where the principal of the second session of a three-session
course or the dean of a college or faculty of education or the director
of a school of education in Ontario reports to the Deputy Minister
that a candidate,
(a) holds or is deemed to hold an Ontario Teacher's Certificate
or a Temporary Letter of Standing;
(b) has successfully completed the first session, or the equiva-
lent thereof, of a course leading to an additional qualifica-
tion in a subject listed in Schedule D;
(c) has submitted evidence of at least one year of successful
teaching experience in Ontario certified by the appropriate
supervisory officer or of at least one year of successful
teaching experience outside Ontario certified by the appro-
priate supervisory officer; and
(d) has successfully completed the approved program for the
second session of the course after completing the experi-
ence referred to in clause (c),
the Minister may have entered upon the candidate's Ontario Teach-
er's Qualifications Record Card or the record of qualification in
respect of such teacher held by the Ministry the Part II qualification
in such subject. O. Reg. 194/85, s. 7.
34. Where the principal of the third session of a three-session
377
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EDUCATION
Reg./Règl. 297
course or the dean of a college or faculty of education or the director
of a school of education in Ontario reports to the Deputy Minister
that a candidate,
(a) holds or is deemed to hold an Ontario Teacher's Certificate
or a Temporary Letter of Standing;
(b) has successfully completed the second session, or the equiv-
alent thereof, of a course leading to an additional qualifica-
tion in a subject listed in Schedule D;
(c) submits evidence of at least two years of successful teaching
experience in Ontario, of which at least one year includes
experience in the subject referred to in clause (b), as certi-
fied by the appropriate supervisory officer; and
(d) has successfully completed subsequent to the experience
referred to in clause (c) the approved program for the third
session of such course,
the Minister may have entered upon the candidate's Ontario Teach-
er's Qualifications Record Card or the record of qualification in
respect of such teacher held by the Ministry the specialist qualifica-
tion in such subject. O. Reg. 194/85, s. 8.
35. Where the dean of a college or faculty of education or the
director of a school of education in Ontario or the principal of a
course reports that a candidate who does not hold an Ontario Teach-
er's Certificate,
(a) holds a Permanent Letter of Standing valid in Ontario for
teaching the deaf only; and
(b) has otherwise met the requirements of section 31, 32, 33,
34, 38, 43 or 44,
the Minister may grant to the candidate a letter indicating that the
candidate holds the appropriate additional qualification. R.R.O.
1980, Reg. 269, s. 34.
36.— (1) A teacher who holds or is deemed to hold an Ontario
Teacher's Certificate and who, prior to the 1st day of October, 1978,
began a Master of Education program approved by the Minister as
leading to the Specialist Certificate in Guidance, may obtain the spe-
cialist qualification in Guidance by completing the requirements for
such Certificate as they existed on the 30th day of June, 1978, and
the Minister shall, upon submission to the Deputy Minister of evi-
dence satisfactory to the Minister of the completion of such require-
ments, have entered on such teacher's Ontario Teacher's Qualifica-
tions Record Card the specialist qualification in Guidance.
(2) A teacher who holds or is deemed to hold an Ontario Teach-
er's Certificate and who, prior to the 1st day of October, 1978, began
a Master of Library Science program approved by the Minister as
leading to the Specialist Certificate in Librarianship, may obtain the
specialist qualification in Librarianship by completing the require-
ments for such Certificate as they existed on the 30th day of June,
1978, and the Minister shall, upon submission to the Deputy Minister
of evidence satisfactory to the Minister of the completion of such
requirements, have entered on such teacher's Ontario Teacher's
Qualifications Record Card the specialist qualification in
Librarianship. R.R.O. 1980, Reg. 269, s. 35.
37. A teacher who holds a special certificate in a subject listed in
Schedule C, D or E, or a special certificate no longer issued, contin-
ues to be qualified in accordance with such certificate, and the Minis-
ter shall have the additional qualification corresponding to such spe-
cial certificate recorded on the teacher's Ontario Teacher's
Qualifications Record Card where the teacher holds or is granted an
Ontario Teacher's Certificate. R.R.O. 1980, Reg. 269, s. 36.
One-Session Honour Specialist Course
38.— (1) Where the dean of a college or faculty of education in
Ontario reports to the Deputy Minister that a candidate for an Hon-
our Specialist qualification in a subject or subjects listed in Schedule
(a) holds or is deemed to hold an Ontario Teacher's Certificate
or a Temporary Letter of Standing and the candidate's
Ontario Teacher's Qualifications Record Card or the
record of qualification in respect of such teacher held by the
Ministry has an entry showing qualifications in the primary
division, the junior division, the intermediate division in
general studies or the senior division in general studies; and
(b) holds,
(i) a degree of Bachelor of Arts or Bachelor of Science
from an Ontario university in a program,
(A) that requires four years of university study, or
the equivalent thereof, to a total of at least
sixty university credits, and
(B) in which the candidate has obtained at least
second class or equivalent standing in the sub-
ject or subjects in which the candidate seeks
an Honour Specialist qualification, including,
in the case of two subjects, at least forty-two
university credits therein and not fewer than
eighteen university credits in each subject or,
in the case of one subject, at least twenty-
seven university credits therein, or
(ii) qualifications the Minister considers equivalent to
the qualifications referred to in subclause (i);
(c) submits evidence of at least two years of successful teaching
experience in Ontario, certified by the appropriate supervi-
sory officer, at least one year of which is in the subject or
one or both of the subjects in which the Honour Specialist
qualification is sought; and
(d) has successfully completed subsequent to the experience
referred to in clause (c) the approved program for the Hon-
our Specialist qualification in the subject or subjects
referred to in sub-subclause (b) (i) (B),
the Minister may have entered upon the candidate's Ontario Teach-
er's Qualifications Record Card or the record of qualification in
respect of the teacher held by the Ministry the Honour Specialist
qualification in such subject or subjects referred to in sub-subclause
(b) (i) (B). O. Reg. 194/85, s. 9 (1).
(2) A university credit that has been used to meet the require-
ments for an Honour Specialist qualification established by clause
(1) (b) shall not be used to meet the requirements for another Hon-
our Specialist qualification.
(3) For the purpose of clause (1) (b), a university credit in
Anthropology, Psychology or Sociology shall be deemed to be a uni-
versity credit in Man in Society. R.R.O. 1980, Reg. 269, s. 37 (2,
3).
(4) Where the dean of a college or faculty of education in Ontario
reports to the Deputy Minister that a candidate for the Honour
Technological Studies Specialist Qualification,
(a) holds or is deemed to hold an Ontario Teacher's Certificate
or a Temporary Letter of Standing;
(b) has entries on his or her Ontario Teacher's Qualifications
Record Card or the record of qualification in respect of
such teacher held by the Ministry indicating qualifications
in at least,
(i) three of the subjects listed in Schedule B including at
least one at both the basic and the advanced level, or
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EDUCATION
Reg./Règl. 297
(ii) four of the subjects listed in Schedule B at the basic
level and an entry indicating the Specialist qualifica-
tion in one of the subjects in Schedule D listed as
exceptions in subclause 32 (a) (i);
(c) submits evidence of at least two years of successful teaching
experience in technological studies in Ontario, certified by
the appropriate supervisory officer;
(d) holds a Secondary School Honour Graduation Diploma or
has successfully completed the equivalent of one year's full-
time study in a program in respect of which a Secondary
School Graduation Diploma or its equivalent is required for
admission; and
(e) has successfully completed subsequent to the experience
referred to in clause (c) the approved program for the Hon-
our Technological Studies Specialist qualification,
the Minister may have entered upon the candidate's Ontario Teach-
er's Qualifications Record Card or the record of qualification in
respect of such teacher held by the Ministry the Honour Technologi-
cal Studies Specialist qualification. O. Reg. 194/85, s. 9 (2).
(5) The entry on a candidate's Ontario Teacher's Qualifications
Record Card or the record of qualification in respect of such teacher
held by the Ministry indicating that he or she has completed success-
fully the first session of a three-session course leading to the Special-
ist qualification in Industrial Arts is deemed to be equivalent to one
basic level entry for the purposes of clause (4) (b). O. Reg. 194/85,
s. 9 (3).
39.— (1) Where a teacher who completed prior to the 1st day of
September, 1979 the first session of a two-session course leading to
an Interim Vocational Certificate, Type A or an Interim Occupa-
tional Certificate, Type A completes the requirements for such cer-
tificate as they existed on the 30th day of June, 1978, the Minister
may have entered on the teacher's Ontario Teacher's Qualifications
Record Card the appropriate qualification.
(2) Where a teacher who,
(a) held an Interim High School Assistant's Certificate, Type A
on the 1st day of July, 1978; or
(b) completed at a college or faculty of education in Ontario
prior to the 1st day of July, 1979 the requirements for such
certificate as they existed immediately before the 1st day of
July, 1978,
completes the requirements for the High School Specialist Certificate
as they existed immediately before the 1st day of July, 1978, the Min-
ister may have entered on the teacher's Ontario Teacher's Qualifica-
tions Record Card the appropriate Honours Specialist qualification.
R.R.O. 1980, Reg. 269, s. 38.
PRINCIPAL'S Qualifications
40.— (1) The course leading to principal's qualifications shall con-
sist of two one-session courses, one in Program Development and
Implementation and one in Program Supervision and Assessment.
(2) A teacher whose Ontario Teacher's Qualifications Record
Card has the entry for the Program Supervision and Assessment
qualification holds principal's qualifications. R.R.O. 1980, Reg.
269, s. 39.
41. An applicant for admission to a course leading to the Program
Development and Implementation qualification shall,
(a) hold an acceptable university degree;
(b) hold or be deemed to hold an Ontario Teacher's Certifi-
cate;
(c) hold concentrations in three divisions including the inter-
mediate division, as indicated on the applicant's Ontario
Teacher's Qualifications Record Card;
(d) provide evidence of five years of successful teaching experi-
ence, two of which are in Ontario, certified by the appropri-
ate supervisory officer; and
(e) hold or provide evidence of one of,
(i) a Specialist or Honour Specialist qualification as
indicated on the applicant's Ontario Teacher's Qual-
ifications Record Card, and
(A) successful completion of one-half the number
of courses required to qualify for a Master's
Degree in education, or
(B) an additional Specialist or Honour Specialist
qualification as indicated on the applicant's
Ontario Teacher's Qualifications Record
Card,
(ii) a Master's Degree or Doctorate in education that is
acceptable to the Minister,
(iii) successful completion of such number of graduate
courses acceptable to the Minister as is equivalent to
the number of graduate courses that are required to
qualify for a Master's Degree in education, or
(iv) up to and including the 31st day of August, 1988, an
area of concentration in a fourth division as indi-
cated on the applicant's Ontario Teacher's Qualifica-
tions Record Card and an additional five years of
successful teaching experience beyond that required
by clause (d). O. Reg. 474/84, s. 1.
42. An applicant for admission to a course leading to the Program
Supervision and Assessment qualification shall have an entry on his
or her Ontario Teacher's Qualifications Record Card indicating that
the applicant holds the Program Development and Implementation
qualification. R.R.O. 1980, Reg. 269, s. 41.
43. Where the principal of a course leading to the Program
Development and Implementation qualification reports to the Dep-
uty Minister that a candidate holds the admission requirements set
forth in section 41 and has successfully completed the course, the
Minister may have entered on the candidate's Ontario Teacher's
Qualifications Record Card the Program Development and Imple-
mentation qualification. R.R.O. 1980, Reg. 269, s. 42.
44. Where the principal of a course leading to the Program Super-
vision and Assessment qualification reports to the Deputy Minister
that a candidate holds the admission requirements set forth in section
42 or 48 and has successfully completed the course, the Minister may
have entered on the candidate's Ontario Teacher's Qualifications
Record Card the Program Supervision and Assessment qualification.
R.R.O. 1980, Reg. 269, s. 43.
45. Where the principal of a Principal's Refresher Course reports
to the Deputy Minister that a candidate,
(a) holds principal's qualifications;
(b) has two years of successful experience as a principal or vice-
principal as certified by the appropriate supervisory officer;
and
(c) has successfully completed the Course,
the Minister may have entered on the candidate's Ontario Teacher's
Qualifications Record Card the Principal's Refresher Course
qualification. R.R.O. 1980, Reg. 269, s. 44; O. Reg. 175/86, s. 1.
379
Reg./Règl. 297
EDUCATION
Reg./Règl. 297
46. A teacher who holds a High School Principal's Certificate, an
Elementary School Principal's Certificate, a Secondary School Prin-
cipal's Certificate, Type B, a Secondary School Principal's Certifi-
cate, Type A, a Secondary School Principal's Certificate or a Voca-
tional School Principal's Certificate, whether such certificate is an
interim certificate or a permanent certificate, remains qualified
within the limitations of the certificate except that the interim qualifi-
cation will not lapse after the five-year period of validity and such
qualification shall be shown on his or her Ontario Teacher's Oualifi-
cations Record Card. R.R.O. 1980, Reg. 269, s. 45.
47. A teacher who holds an Elementary School Inspector's Cer-
tificate shall be deemed to hold an Elementary School Principal's
Certificate. R.R.O. 1980, Reg. 269, s. 46.
48. Despite section 42, a teacher who holds or who is deemed to
hold an interim or permanent Elementary School Principal's Certifi-
cate, or who holds an interim or permanent Secondary School Princi-
pal's Certificate, Type B, an interim or permanent Vocational School
Principal's Certificate, an interim Secondary School Principal's Cer-
tificate, or an interim Secondary School Principal's Certificate Type
A, may be admitted to the course leading to the Program Supervi-
sion and Assessment qualification. R.R.O. 1980, Reg. 269, s. 47.
49.— (1) Where a teacher held an interim Elementary School
Principal's Certificate, an interim Secondary School Principal's Cer-
tificate, Type B, or an interim Secondary School Principal's Certifi-
cate, Type A, on the 1st day of July, 1978 and completes the require-
ments for the permanent certificate that corresponds thereto as they
existed immediately before the 1st day of July, 1978, the Minister
shall have entered on the teacher's Ontario Teacher's Qualifications
Record Card the appropriate qualification.
(2) A teacher who holds a permanent Secondary School Princi-
pal's Certificate, Type A or a permanent Secondary School Princi-
pal's Certificate is deemed to hold principal's qualifications.
R.R.O. 1980, Reg. 269, s. 48.
PART III
LETTERS OF PERMISSION
50. Where the director of education or secretary of a board sub-
mits to the appropriate Regional Director of Education of the Minis-
try in duplicate an application in Form 7 or 7a together with evidence
that,
(a) the board has advertised at least three times, stating the sal-
ary, in a daily newspaper having provincial circulation in
Ontario a position for which a teacher is required under the
regulations;
(b) where employment is for a period commencing the first
school day in September and continuing at least until the
31st day of December, at least one such advertisement
appeared after the 1st day of August preceding such period;
(c) where employment is for a period commencing the 1st
school day in January and continuing until the end of the
school year, at least one such advertisement appeared after
the 31st day of October preceding such period; and
(d) seven days have passed since the date of the final advertise-
ment, and no teacher has applied for the position or no
teacher who has applied for the position has accepted it,
the Minister may grant to the board a Letter of Permission valid for
the period specified therein which period shall not exceed one school
year. R.R.O. 1980, Reg. 269, s. 49.
PART IV
TEMPORARY LETTERS OF APPROVAL
51. Where the director of education or secretary of a board sub-
mits to the appropriate Regional Director of Education of the Minis-
try in duplicate an application in Form 8 or 8a certifying that,
(a) a board finds it necessary to assign or appoint a teacher to
teach a subject or hold a position who does not hold the
additional qualification required under the regulations for
teaching the subject or holding the position; and
(b) the teacher in respect of whom application is made for a
Temporary Letter of Approval,
(i) holds or is deemed to hold an Ontario Teacher's
Certificate or a Letter of Standing, and
(ii) is considered competent to carry out the assignment
for which the additional qualification is required
under the regulations,
the Minister may grant to the board the Temporary Letter of
Approval for a period stated therein that does not exceed one school
year or extend beyond the end of a school year. R.R.O. 1980, Reg.
269, s. 50.
SCHEDULE A
Intermediate and Senior Division Options taken in English or French
Business Education— Accounting
Business Education— Data Processing
Business Education— Marketing & Merchandising
Business Education— Secretarial
Classical Studies— Greek
Classical Studies— Latin
Computer Science
Dramatic Arts
Economics
English (First language)
English (Second language)— anglais
Environmental Science
Family Studies
French (Second language)
French (First language)— français
Geography
German
History
Industrial Arts
Italian
Man in Society
Mathematics
Music— Instrumental
Music— Vocal
Native Studies
Political Science
Physical and Health Education
Russian
Science— General
Science— Biology
Science— Chemistry
Science— Geology
Science — Physics
Spanish
Visual Arts
R.R.O. 1980, Reg. 269, Sched. A; O. Reg. 27/84, s. 1; O. Reg.
703/87, s. 1.
380
Reg./Règl. 297
EDUCATION
Reg./Règl. 297
SCHEDULE B
Technological Studies Options taken in English or French
BASIC LEVEL ADVANCED LEVEL
Construction
Building Maintenance
Painting & Decorating
Plumbing
Refrigeration, Air
Conditioning & Heating
Trowel Trades
Woodwork
Electrical
Electricity
Electronics
Food Services
Food Services
Graphics
Drafting
Graphic Arts
Vocational Art
Horticulture
Horticulture— General
Manufacturing
Foundry Practice
Machine Shop
Power Transmission & Control
Sheet Metal
Welding
Materials, Processes & Design
Project Design
Music
Music
Natural Resources
Natural Resource Management
Personal Services
Cosmetology
Home & Family Care
Hospital Services
Textiles
Textile Maintenance
Textiles & Clothing
Upholstery
Construction
Building Maintenance
Painting & Decorating
Plumbing
Refrigeration
Air Conditioning
Heating & Ventilation
Plaster
Concrete
Masonry
Carpentry
Cabinet Making
Electrical
Electricity — Installation
& Maintenance
Electricity— Theory & Test
Electronics— Computer
Electronics— General
Food Services
Baking Food Services
Commercial Food Services
Domestic Food Services
Graphics
Architectural Drafting
Mechanical Drafting
Systems Drafting
Printing
Photography
Vocational Art
Horticulture
Horticulture — General
Manufacturing
Casting
Patternmaking
Machine Shop
Industrial Physics
Sheet Metal
Welding
Materials, Processes & Design
Project Design
Music
Music— Instrumental
Music— Vocal
Natural Resources
Natural Resource Management
Personal Services
Cosmetology
Home & Family Care
Hospital Services
Textiles
Textile Maintenance
Textiles & Clothing
Upholstery
381
Reg./Règl. 297
EDUCATION
Reg./Règl. 297
Transportation
Aircraft
Auto Body
Automotive
Small Engines
Transportation
Aircraft
Auto Body
Automotive
Small Engines
R.R.0. 1980, Reg. 269, Sched. C; O. Reg. 415/81, s. 4; O. Reg. 157/87, s. 15.
SCHEDULE C
One-Session Qualifications taken in
English or French
Adult Education
Associate Teacher
Childhood Education
Childhood Education in Great Britain
Community School Development
Computer Studies — Computer Technology
Driver Education Instructor
Integrated Arts
Law
Preschool Deaf Education
Teaching Children with Language Difficulties — Aphasia
Teacher of Crée
Teacher of Mohawk
Teacher of Native Children
Teacher of Ojibway
Teaching Writing
R.R.O. 1980, Reg. 269, Sched. D; O. Reg. 451/84, s. 1; O. Reg.
157/87, s. 16.
SCHEDULE D
Three-Session Qualifications taken in
English or French
Business Education — Accounting
Business Education — Data Processing
Business Education — Marketing & Merchandising
Business Education — Secretarial
Computer Studies — Computer Science
Computers in the Classroom — Co-operative Education
Dramatic Arts
English as a Second Language
Environmental Science
Family Studies
French as a Second Language
Guidance
Industrial Arts
Intermediate Education
Junior Education
Librarianship
Mathematics in Primary and Junior Education
Media
Multiculturalism in Education
Music — Instrumental
Music — Vocal (Primary, Junior)
Music — Vocal (Intermediate, Senior)
Native as a Second Language
Physical and Health Education (Primary, Junior)
Physical and Health Education (Intermediate, Senior)
Primary Education
Reading
Religious Education
Science in Primary and Junior Education
Special Education
The Blind
The Deaf
The Deaf/Blind
Visual Arts
R.R.O. 1980, Reg. 269, Sched. E; O. Reg. 567/82, s. 4; O. Reg.
157/87, s. 17; O. Reg. 703/87, s. 2; O. Reg. 415/88, s. 1.
SCHEDULE E
Honour Specialist Qualifications taken in
English or French
Biology
Business Education
Chemistry
Computer Science
Dramatic Arts
Economics
English (First language)
English (Second language) — anglais
Environmental Science
Family Studies
French (Second language)
French (First language) — français
Geography
Geology
German
Greek
History
Italian
Latin
Man in Society
Mathematics
Music
Physical and Health Education
Physics
Political Science
Russian
Science
Spanish
Visual Arts
R.R.O. 1980, Reg. 269, Sched. F; O. Reg. 703/87, s. 3.
382
Reg./Règl. 297
EDUCATION
Reg./Règl. 297
THIS IS TO CERTIFY THAT
FORMl
FORMULE 1
Education Act
Loi sur l'éducation
ONTARIO TEACHER'S CERTIFICATE
BREVET D'ENSEIGNEMENT DE L'ONTARIO
NOUS, SOUSSIGNÉS, CERTIFIONS QUE
having complied with the
regulations made under the
Education Act is hereby
granted an
valid in the schools of
Ontario in accordance with
the regulations made under
the Education Act.
Name in full Prénoms et nom
ayant satisfait aux exigences
des règlements établis selon
la Loi sur l'éducation reçoit
par la présente un
ONTARIO TEACHER'S CERTIFICATE
BREVET D'ENSEIGNEMENT DE L'ONTARIO
valide dans les écoles de
l'Ontario d'après les
règlements établis selon la
Loi sur l'éducation.
Number
Numéro
Dated at Toronto this .
Fait à Toronto, ce
. day of
jour du mois de
.,19.
Deputy Minister
Le sous-ministre
Minister of Education
Le ministre de l'Éducation
R.R.O. 1980, Reg. 269, Form 1.
Issued to:
Délivrée à
FORMl
FORMULE 2
^:^- Education Act
Loi sur l'éducation
ONTARIO TEACHER'S QUALIFICATIONS RECORD CARD
CARTE DES QUALIFICATIONS DE L'ENSEIGNANT DE L'ONTARIO
S.I.N.
N.A.S
Date.
. Degree (s) Date of Birth
Grade(s) Date de naissance
Deputy Minister
Le sous-ministre
BASIC QUALIFICATIONS
QUALIFICATIONS DE BASE
Minister of Education
Le ministre de l'Éducation
ADDITIONAL QUALIFICATIONS
QUALIFICATIONS ADDITIONNELLES
Institution Attended
Établissement fréquenté
Year
Année
Qualifications
Year
Année
Areas of Concentration
Secteurs de concentration
Initial
Year
Année
383
Reg./Règl. 297
EDUCATION
Reg./Règl. 297
Additional
Additionnel
Year
Année
R.R.O. 1980, Reg. 269, Form 2.
FORM 3
Education Act
TEMPORARY LETTER OF STANDING
for
(Name in full)
In consideration of your academic or technological and professional training you are hereby granted a TEMPORARY LETTER OF
STANDING valid until , for teaching in Ontario in schools and classes where English is the language of instruction.
Professional education has been received in
NUMBER
DATE OF ISSUE
Deputy Minister Minister of Education
R.R.O. 1980, Reg. 269, Form 3; O. Reg. 222/86, s. 23.
FORMULE 3
Loi sur l'éducation
ATTESTATION TEMPORAIRE DE COMPÉTENCE
décernée à
(Prénoms et nom)
Eu égard à votre formation scolaire ou technologique et professionnelle, vous recevez par la présente une ATTESTATION TEMPO-
RAIRE DE COMPÉTENCE valide jusqu'au , vous autorisant à enseigner en Ontario dans les écoles et les classes de
langue française instituées en vertu de la Loi sur l'éducation, partie XII.
La formation professionnelle a été reçue
NUMÉRO
Le sous-ministre
DATE
Le ministre de l'Education
R.R.O. 1980, Régi. 269, formule 3a; Règl. de l'Ont. 222/86, art. 24.
384
Reg./Règl. 297 ÉDUCATION Reg./Règl. 297
FORM 4
Education Ad
PROVISIONAL LETTER OF STANDING
THIS IS TO CERTIFY THAT
having complied with the regulations made under the Education Act, is hereby granted a PROVISIONAL LETTER OF STANDING valid until
for teaching in Ontario in schools and classes where English is the language of instruction.
Professional education has been received in
Number
Dated at Toronto this day of , 19.,
Deputy Minister Minister of Education
RENEWAL MINISTER OF EDUCATION
1.
R.R.O. 1980, Reg. 269, Form 4.
FORMULE 4
Loi sur l'éducation
ATTESTATION PROVISOIRE DE COMPÉTENCE
NOUS, SOUSSIGNÉS, CERTIFIONS QUE
ayant satisfait aux exigences des règlements établis selon la Loi sur l'éducation, reçoit par la présente une ATTESTATION PROVISOIRE DE
COMPÉTENCE valide jusqu'au pour enseigner en Ontario dans les écoles et les classes de langue française insti-
tuées en vertu de \a Loi sur l'éducation, partie XII.
La formation professionnelle a été reçue
Numéro
Fait à Toronto le 19..
Le sous-ministre Le ministre de l'Éducation
RENOUVELLEMENT LE MINISTRE DE L'ÉDUCATION
1
R.R.O. 1980, Règl. 269, formule 4a.
385
Reg./Règl. 297 EDUCATION Reg./Règl. 297
FORMS
Education Act
LETTER OF ELIGIBILITY
TO
(Name)
In consideration of your academic and professional education, you are hereby issued a LETTER OF ELIGIBILITY valid for one year under
section of the Ontario Teacher's Qualifications
12(1) or 13
Regulation. When you have conformed with the requirements of section , you will qualify for a
12 (2) or 14
Temporary Letter of Standing.
Dated at Toronto, this day of 19
Deputy Minister
Statement of Board Supervisory Officer
This is to certify that the holder of this Letter of Eligibility
(Name)
has been offered a position as a teacher with
(Name of Board)
for the school year subject to the granting of a Temporary Letter of Standing and further, that the applicant has adequate fluency
in the use of the English language to carry out the duties and responsibilities of a teacher.
Dated at this day of , 19
Supervisory Officer
Position
O. Reg. 231/84, s. A,part.
FORMULE 5
Loi sur l'éducation
ATTESTATION D'ADMISSIBILITÉ
DÉCERNÉE À
(nom)
Eu égard à votre formation scolaire et professionnelle, nous vous décernons par la présente une ATTESTATION D'ADMISSIBILITÉ,
valide pour un an, en vertu de l'article du Règlement sur la qualification
12(1) ou 13
requise de l'enseignant en Ontario. Lorsque vous aurez satisfait aux exigences de l'article
12 (2) ou 14
vous pourrez recevoir une attestation temporaire de compétence.
Fait à Toronto le 19
Le sous-ministre
386
Reg./Règl. 297 ÉDUCATION Reg./Règl. 297
Déclaration de l'agent de supervision du conseil scolaire
Je soussigné(e) certifie que , titulaire de la présente attestation d'admissibilité,
(nom)
a reçu une offre d'emploi comme enseignant du conseil scolaire
(nom du conseil scolaire)
pour l'année scolaire , sous réserve de l'obtention d'une attestation temporaire de compétence. Je certifie de plus que cette per-
sonne possède une maîtrise du français suffisante pour satisfaire aux tâches et aux exigences de sa profession d'enseignant.
Fait à le 19
L'agent de supervision
Poste
Règl. de l'Ont. 231/84, art. 4, en partie.
FORM 6
Education Act
PERMANENT LETTER OF STANDING
THIS IS TO CERTIFY THAT
(Name)
having complied with the regulations made under the Education Act, is hereby granted a PERMANENT LETTER OF STANDING valid for the
teaching of the
in Ontario.
Deaf or Trainable Retarded
Number
Dated at Toronto this day of ,19.
Deputy Minister Minister of Education
R.R.O. 1980, Reg. 269, Form 6.
FORMULE 6
Loi suri 'éducation
ATTESTATION PERMANENTE DE COMPÉTENCE
NOUS, SOUSSIGNÉS, CERTIFIONS QUE
(nom)
ayant satisfait aux exigences des règlements établis selon la Loi sur l'éducation, reçoit par la présente une ATTESTATION PERMANENTE DE
COMPÉTENCE pour enseigner aux
élèves sourds ou élèves déficients moyens
en Ontario.
Numéro
Fait à Toronto le 19
Le sous-ministre Le ministre de l'Éducation
R.R.O. 1980, Règl. 269, formule 6a.
387
Reg./Règl. 297 EDUCATION Reg./Règl. 297
FORM 7
Education Ad
APPLICATION FOR LETTER OF PERMISSION
To the Regional Director of Education of the Ministry:
On behalf of
(name of board)
A LETTER OF PERMISSION is requested to employ
(name in full)
Social Insurance Number
as a teacher of the divisions
at school.
from 19 to 19
I certify and attach evidence that the Board has complied with section 52 of the Ontario Teacher's Qualifications Regulation, including a
copy of the most recent advertisement of the position for which the Letter of Permission is required.
Date
Director of Education or Secretary of the Board
LETTER OF PERMISSION IS HEREBY GRANTED
Date
Regional Director of Education
R.R.O. 1980, Reg. 269, Form 7; O. Reg. 222/86, s. 25.
FORMULE 7
Loi sur l 'éducation
DEMANDE DE PERMISSION INTÉRIMAIRE
Au directeur régional de l'éducation du ministère :
Au nom du
(nom du conseil scolaire)
UNE PERMISSION INTÉRIMAIRE est demandée pour l'emploi de
(prénoms et nom)
Numéro d'assurance sociale
en qualité d'enseignant aux cycles
à l'école
du 19 au 19..
Je certifie et joins la preuve que le conseil scolaire a satisfait à l'article 52 du Règlement sur la qualification requise de l'enseignant en Onta-
rio. Veuillez trouver ci-jointe une copie de l'annonce publicitaire la plus récente offrant le poste pour lequel on demande une permission intéri-
maire.
Date
Le directeur de l'éducation ou
le secrétaire du conseil scolaire
388
Reg./Règl. 297 ÉDUCATION Reg./Règl. 297
PERMISSION INTÉRIMAIRE ACCORDÉE PAR LA PRÉSENTE
Date
Le directeur régional de l'éducation
R.R.O. 1980, Règl. 269, formule 7a; Règl. de l'Ont. 222/86, art. 25.
FORM 8
Education Act
APPLICATION FOR TEMPORARY LETTER OF APPROVAL
To the Regional Director of Education of the Ministry:
On behalf of
(name of board)
TEMPORARY LETTER OF APPROVAL is requested to employ
(name in full)
Social Insurance Number ,
Basic Certification
asa ,
(teacher, principal, etc.)
of
(subject, division, school)
from : , 19 to , 19
Date Date
I certify that the Board finds it necessary to appoint or assign the above-named teacher who does not hold the additional qualifications
required by the regulations for the position, and that the teacher named herein is competent to carry out the duties of such position.
Date
Director of Education or
Secretary of the Board
TEMPORARY LETTER OF APPROVAL IS HEREBY GRANTED
Date
Regional Director of Education
R.R.O. 1980, Reg. 269, Form 8.
FORMULE 8
Loi sur l 'éducation
DEMANDE D'APPROBATION TEMPORAIRE
Au directeur régional de l'éducation du ministère :
Au nom du
(nom du conseil scolaire)
Une APPROBATION TEMPORAIRE est demandée pour l'emploi de
(prénoms et nom)
Numéro d'assurance sociale
Brevet debase
389
Reg./Règl. 297 EDUCATION Reg./Règl. 297
en qualité de
(enseignant, directeur d'école, etc.)
de
(matière, cycle, école)
du 19 au 19..
Je certifie que le conseil scolaire estime nécessaire de nommer ou d'affecter à ce poste l'enseignant susnommé qui ne possède pas la qualifi-
cation additionnelle exigée pour ce poste par les règlements et que cet enseignant possède la compétence voulue pour en exercer les fonctions.
Date
Le directeur de l'éducation ou
le secrétaire du conseil scolaire
LETTRE D'APPROBATION TEMPORAIRE ACCORDÉE PAR LA PRÉSENTE
Date
Le directeur régional de l'éducation
R.R.O. 1980, Règl. 269, formule !
FORM 9
Education Act
PERMANENT LETTER OF STANDING
TEACHER OF A NATIVE LANGUAGE AS A SECOND LANGUAGE
THIS IS TO CERTIFY THAT
(Name)
having complied with the regulations made under the Education Act, is hereby granted a PERMANENT LETTER OF STANDING
TEACHER OF A NATIVE LANGUAGE AS A SECOND LANGUAGE valid for the teaching of.
in Ontario
(Algonquian, Iroquoian)
Number
Dated at Toronto, this day
of , 19....
Deputy Minister Minister of Education
O. Reg. 111/86, s. 2,part.
FORMULE 9
Loi sur l'éducation
ATTESTATION PERMANENTE DE COMPÉTENCE POUR L'ENSEIGNEMENT D'UNE LANGUE AUTOCHTONE COMME
^ LANGUE SECONDE
NOUS, SOUSSIGNÉS, CERTIFIONS QUE
(nom)
ayant satisfait aux exigences des règlements pris en application de la Loi sur l'éducation, reçoit par la présente une ATTESTATION PERMA-
NENTE DE COMPÉTENCE POUR L'ENSEIGNEMENT D'UNE LANGUE AUTOCHTONE COMME LANGUE SECONDE pour ensei-
gner l'une des deux langues suivantes :
en Ontario
(algonquin, iroquois)
390
Reg./Règl. 297
EDUCATION
Reg./Règl. 298
Numéro
Fait à Toronto le
19.
Le sous-ministre
Le ministre de l'Education
Règl. de l'Ont. 111/86, art. 2, en partie.
REGULATION 298
OPERATION OF SCHOOLS— GENERAL
1. In this Regulation,
"business studies" means the courses in general studies that are
developed from curriculum guidelines listed under the heading
"Business Studies" in Appendix B to OSIS;
"division" means the primary division, the junior division, the inter-
mediate division or the senior division;
"French as a second language" includes programs for English speak-
ing pupils in which French is the language of instruction;
"general studies" means the courses developed from curriculum
guidelines that are issued by the Minister for the intermediate divi-
sion and senior division and listed under a heading other than
"Technological Studies" in Appendbc B to OSIS;
"OSIS" means the circular entitled "Ontario Schools Intermediate
and Senior Divisions Program and Diploma Requirements" issued
by the Minister including any document issued by the Minister in
accordance with paragraphs 1, 2, 3, 4 and 25 of subsection 8 (1) of
the Act;
"parent" includes guardian;
"technological studies" means the courses developed from curricu-
lum guidelines that are issued by the Minister for the intermediate
division and senior division and listed under the heading "Techno-
logical Studies " in Appendbc B to OSIS. R.R.O. 1980, Reg. 262,
s. 1; O. Reg. 617/81, ss. 1, 2; O. Reg. 195/87, s. 1; O. Reg.
233/88, s. 2.
Accommodation
2.— (1) A board shall file with the Ministry plans for the erection
of, addition to, or alteration of a school building together with details
of the site thereof.
(2) It is a condition of the payment of a legislative grant in respect
of capital cost that the plans and details referred to in subsection (1)
be approved by the Minister. R.R.O. 1980, Reg. 262, s. 2.
Daily Sessions
3.— (1) The length of the instructional program of each school day
for pupils of compulsory school age shall be not less than five hours a
day excluding recesses or scheduled intervals between classes.
O. Reg. 233/88, s. 3,pflrt.
(2) The instructional program on a school day shall begin not ear-
lier than 8 a.m. and end not later than 5 p.m. except with the
approval of the Minister. O. Reg. 233/88, s. 3, part; O. Reg.
677/90, s. 1.
(3) Despite subsection (1), a board may reduce the length of the
instructional program on each school day to less than five hours a day
for an exceptional pupil in a special education program.
(4) Every board may establish the length of the instructional pro-
gram on each school day for pupils in junior kindergarten and kin-
dergarten.
(5) A scheduled interval between classes for the lunch break for
pupils and teachers shall be not less than forty consecutive minutes.
O. Reg. 233/88, s. 3, part.
(6) In the intermediate division and the senior division, a princi-
pal may, subject to the approval of the board, provide for recesses or
intervals for pupils between periods.
(7) Every board shall determine the period of time during each
school day when its school buildings and playgrounds shall be open
to its pupils, but in every case the buildings and the playgrounds shall
be open to pupils during the period beginning fifteen minutes before
classes begin for the day and ending fifteen minutes after classes end
for the day. O. Reg. 617/81, s. 3,pflrt.
(8) There shall be a morning recess and an afternoon recess, each
of which shall be not less than ten minutes and not more than fifteen
minutes in length, for pupils in the primary and junior divisions.
O. Reg. 785/81, s. 1.
Opening or Closing Exercises
4.— (1) Every public elementary and secondary school shall hold
opening or closing exercises.
(2) Opening or closing exercises shall include O Canada and may
include God Save The Queen.
(3) Opening or closing exercises may include the following types
of readings that impart social, moral or spiritual values and that are
representative of Ontario's multicultural society:
1 . Scriptural writings including prayers.
2. Secular writings.
(4) Opening or closing exercises may include a period of silence.
(5) No pupil enrolled in a public elementary or secondary school
shall be required to take part in any opening or closing exercises
where a parent or guardian of the pupil or the pupil, where the pupil
is an adult, applies to the principal of the school that the pupil
attends for exemption therefrom. O. Reg. 6/89, s. 1.
Flag
5.— (1) Every school shall fly both the National Flag of Canada
and the Provincial Flag of Ontario on such occasions as the board
directs.
(2) Every school shall display in the school the National Flag of
Canada and the Provincial Flag of Ontario. O. Reg. 617/81, s. 4.
Emergency Procedures
6.— (1) In addition to the drills established under the fire safety
plan required under Regulation 454 of Revised Regulations of
Ontario, 1990 (Fire Code), every board may provide for the holding
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of drills in respect of emergencies other than those occasioned by
fire.
(2) Every principal, including the principal of an evening class or
classes or of a class or classes conducted outside the school year, shall
hold at least one emergency drill in the period during which the
instruction is given.
(3) When a fire or emergency drill is held in a school building,
every person in the building shall take part in the fire or emergency
drill. O. Reg. 233/88, s. 4.
Textbooks
Qualifications For Principals and Vice-Principals
9.— (1) The principal and vice-principal of a school having an
enrolment greater than 125 shall each be a teacher who,
(a) holds or is deemed to hold, under Regulation 297 of
Revised Regulations of Ontario, 1990, principal's qualifica-
tions; or
(b) holds a principal's certificate that is a qualification to be
principal or vice-principal, as the case may be, in the type of
school identified on the certificate, or is deemed under sec-
tion 47 of Regulation 297 of Revised Regulations of
Ontario, 1990 to hold such a certificate.
7.— (1) The principal of a school, in consultation with the teachers
concerned, shall select from the list of the textbooks approved by the
Minister the textbooks for the use of pupils of the school, and the
selection shall be subject to the approval of the board.
(2) Where no textbook for a course of study is included in the list
of the textbooks approved by the Minister the principal of a school,
in consultation with the teachers concerned, shall, where they con-
sider a textbook to be required, select a suitable textbook and, sub-
ject to the approval of the board, such textbook may be introduced
for use in the school. O. Reg. 617/81, s. 5.
(3) In the selection of textbooks under subsection (2), preference
shall be given to books that have been written by Canadian authors
and edited, printed and bound in Canada. R.R.O. 1980, Reg 262,
s. 7 (3).
(4) Every board shall provide without charge for the use of each
pupil enrolled in a day school operated by the board such textbooks
selected under subsections (1) and (2) as relate to the courses in
which the pupil is enrolled. O. Reg. 233/88, s. 5.
Elementary School Boards
8.— (1) Where the area of jurisdiction of a district school area
board, a Roman Catholic separate school board, other than a
Roman Catholic school board, or a Protestant separate school board
is not within a secondary school district, the board shall provide
instruction that would enable its resident pupils to obtain sixteen
credits towards a secondary school graduation diploma or an Ontario
secondary school diploma.
(2) A board referred to in subsection (1) that offers courses of
instruction during July or August or both in any year may provide
instruction that would enable its resident pupils to obtain two credits
in addition to the sixteen credits referred to in subsection (1).
(3) Where a board referred to in subsection (1) provides,
(a) daily transportation for its resident pupils; or
(b) reimbursement for board and lodging and for transporta-
tion once a week to and from the places of residence of its
resident pupils,
that it considers necessary to enable its resident pupils to attend a
school operated by another board, the other board may provide such
instruction as would enable such resident pupils to obtain the num-
ber of credits referred to in subsections (1) and (2).
(4) A Roman Catholic separate school board, other than a
Roman Catholic school board, or a Protestant separate school board
that has jurisdiction in a secondary school district may provide
instruction for its resident pupils that would enable the pupils to
obtain up to eighteen credits towards a secondary school graduation
diploma or an Ontario secondary school diploma. O. Reg. 195/87,
s. 2.
and, in the case of a school,
(c) in which English is the language of instruction; or
(d) that is established under Part XII of the Act and in which
French is the language of instruction,
shall each be a person who is eligible to teach in such school under
subsection 19 (11), (12) or (13), as the case may be. R.R.O. 1980,
Reg. 262, s. 10 (1); O. Reg. 617/81, s. 7 (1).
(2) Despite subsection (1), where a teacher who does not hold
the degree of Bachelor of Arts or Bachelor of Science from an
Ontario university or a degree that the Minister considers equivalent
thereto was, prior to the 1st day of September, 1961, employed by a
board as principal or vice-principal of an elementary school that had
an enrolment of 300 or more pupils, the teacher shall be deemed to
be qualified as principal or vice-principal, as the case may be, of any
elementary school operated by that board or its successor board.
O. Reg. 617/81, s. 7 (2), part.
(3) Despite subsection (1), where a teacher who does not hold
the qualifications referred to in subsection (1),
(a) was employed by a board prior to the 1st day of September,
1972 as principal of an elementary school that had an enrol-
ment of 300 or more pupils and is employed by such board
as principal of an elementary school on the 8th day of Sep-
tember, 1978;
(b) was employed by a board on the 1st day of September, 1978
as vice-principal of an elementary school that had an enrol-
ment on the last school day in April, 1978 of 300 or more
pupils; or
(c) was employed by a board on the 1st day of September, 1978
as principal or vice-principal of an elementary school that
had an enrolment on the last school day in April, 1978 that
was greater than 125 and less than 300,
such teacher shall be deemed to be qualified as principal or vice-prin-
cipal, as the case may be, of any elementary school operated by that
board or its successor board.
(4) A board may appoint a person who holds the qualifications
required by subsection (1) as a supervising principal to supervise the
administration of two or more elementary schools operated by the
board and such person shall be subject to the authority of the appro-
priate supervisory officer. R.R.O. 1980, Reg. 262, s. 10 (3, 4).
(5) A supervising principal may be principal of only one school.
O. Reg. 617/81, s. 7 (2), part.
(6) Despite subsection (1), a teacher who, before the 1st day of
September, 1970, held the necessary qualifications as principal of a
secondary school continues to be qualified as principal or vice-princi-
pal of a secondary school. R.R.O. 1980, Reg. 262, s. 10 (6).
10.— (1) The principal and vice-principal of a school for trainable
retarded pupils having an enrolment greater than 100 or of a school
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Reg./Règl. 298
in which there are classes for trainable retarded pupils and the enrol-
ment in such classes is greater than 100 shall each be a teacher who,
(a) holds or is deemed to hold, under Regulation 297 of
Revised Regulations of Ontario, 1990, principal's qualifica-
tions, or holds a certificate referred to in section 46 of such
Regulation or is deemed to hold such certificate under sec-
tion 47 thereof; and
(b) holds an additional qualification in special education as
recorded on the teacher's Ontario Teacher's Qualifications
Record Card.
(2) The principal of an elementary or secondary school that
includes one or more classes for trainable retarded pupils shall be the
principal of such classes, and the vice-principal of such a school shall
be the vice-principal of such classes except where a vice-principal is
appointed to be in charge of such classes exclusively.
(3) Despite subsection (1), where a teacher who does not hold
the qualifications referred to in subsection (1) was, on the 1st day of
September, 1978 employed by a board as principal or vice-principal
of a school for trainable retarded pupils that had an enrolment
greater than 100 or of a school in which there were classes for train-
able retarded pupils and the enrolment in such classes was greater
than 100, the teacher shall be deemed to be qualified as principal or
vice-principal, as the case may be, of a school for trainable retarded
pupils or of a school in which there are classes for trainable retarded
pupils the enrolment in which is greater than 100 that is operated by
that board or its successor board. O. Reg. 617/81, s. 8.
Duties of Principals
11.— (1) The principal of a school, subject to the authority of the
appropriate supervisory officer, is in charge of,
(a) the instruction and the discipline of pupils in the school;
and
(b) the organization and management of the school.
(2) Where two or more schools operated by a board jointly
occupy or use in common a school building or school grounds, the
board shall designate which principal has authority over those parts
of the building or grounds that the schools occupy or use in common.
O. Reg. 617/81, s. 9, pan.
(3) In addition to the duties under the Act and those assigned by
the board, the principal of a school shall, except where the principal
has arranged otherwise under subsection 26 (3),
(a) supervise the instruction in the school and advise and assist
any teacher In co-operation with the teacher in charge of an
organizational unit or program;
(b) assign duties to vice-principals and to teachers in charge of
organizational units or programs;
(c) retain on file up-to-date copies of outlines of all courses of
study that are taught in the school;
(d) upon request, make outlines of courses of study available
for examination to a resident pupil of the board and to the
parent of the pupil, where the pupil is a minor;
(e) provide for the supervision of pupils during the period of
time during each school day when the school buildings and
playgrounds are open to pupils;
(f) provide for the supervision of and the conducting of any
school activity authorized by the board;
(g) where performance appraisals of members of the teaching
staff are required under a collective agreement or a policy
of the board, despite anything to the contrary in such col-
lective agreement or board policy, conduct performance
appraisals of members of the teaching staff;
(h) subject to the provisions of the policy of the board or the
provisions of a collective agreement, as the case may be, in
respect of reporting requirements for performance apprais-
als, report thereon in writing to the board or to the supervi-
sory officer on request and give to each teacher so
appraised a copy of the performance appraisal of the
teacher;
(i) where the performance appraisals of members of the teach-
ing staff are not required by board policy or under a collec-
tive agreement, report to the board or to the supervisory
officer in writing on request on the effectiveness of mem-
bers of the teaching staff and give to a teacher referred to in
any such report a copy of the portion of the report that
refers to the teacher;
(j) make recommendations to the board with respect to,
(i) the appointment and promotion of teachers, and
(ii) the demotion or dismissal of teachers whose work or
attitude is unsatisfactory;
(k) provide for instruction of pupils in the care of the school
premises;
(I) inspect the school premises at least weekly and report forth-
with to the board,
(i) any repairs to the school that are required, in the
opinion of the principal,
(ii) any lack of attention on the part of the building
maintenance staff of the school, and
(iii) where a parent of a pupil has been requested to com-
pensate the board for damage to or destruction, loss
or misappropriation of school property by the pupil
and the parent has not done so, that the parent of
the pupil has not compensated the board;
(m) where it is proposed to administer a test of intelligence or
personality to a pupil, inform the pupil and the parent of
the pupil of the test and obtain the prior written permission
for the test from the pupil or from the parent of the pupil,
where the pupil is a minor;
(n) report promptly any neglect of duty or infraction of the
school rules by a pupil to the parent or guardian of the
pupil;
(o) promote and maintain close co-operation with residents,
industry, business and other groups and agencies of the
community;
(p) provide to the Minister or to a person designated by the
Minister any information that may be required concerning
the instructional program, operation or administration of
the school and inform the appropriate supervisory officer of
the request;
(q) assign suitable quarters for pupils to eat lunch. O. Reg.
233/88, s. 7 (1).
(4) A principal shall only make a recommendation to the board
under subclause (3) (j) (ii) after warning the teacher in writing, giv-
ing the teacher assistance and allowing the teacher a reasonable time
to improve.
(5) A principal of a school,
(a) in which there is a French-language instructional unit as
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Reg./Règl. 298
defined in section 309 of the Act, who does not hold qualifi-
cations to teach in the French language as required by sub-
section 19 (12) or is qualified to teach in such unit only
under subsection 19 (13); or
(b) in which there is an English-language instructional unit as
mentioned in subsection 325 (1) of the Act, who does not
hold qualifications to teach in the English language as
required by subsection 19 (11) or is qualified to teach in
each unit only under subsection 19 (13),
shall notify the appropriate supervisory officer in writing of the
impracticability of the duty placed on the principal, having regard to
the qualifications of the principal, to supervise the instruction, to
conduct performance appraisals and to assist and advise the teachers
referred to in the notice.
(6) Where arrangements are made under subsection 26 (3), the
principal is relieved from compliance with clauses (3) (a), (g), (h)
and (i) to the extent that such duties are performed by another quali-
fied person or persons.
(7) The other qualified person or persons who perform the duties
shall be responsible to the board for the performance of such duties.
(8) The outlines of the courses of study mentioned in clause
(3) (c) shall be written and provided,
(a) in the French language in the case of courses of study pro-
vided in a French-language instructional unit operated
under Part XII of the Act; and
(b) in both the English and French languages in the case of a
course of study in a program established in the school under
paragraph 25 of subsection 8 (1) of the Act. O. Reg.
233/88, s. 7 (2).
(9) Where, after reasonable notice by the principal, a pupil who
is an adult, or the parent of a pupil who is a minor, fails to provide
the supplies required by the pupil for a course of study, the principal
shall promptly notify the board.
(10) A principal shall transmit reports and recommendations to
the board through the appropriate supervisory officer.
(11) A principal, subject to the approval of the appropriate
supervisory officer, may arrange for home instruction to be provided
for a pupil where,
(a) medical evidence that the pupil cannot attend school is pro-
vided to the principal; and
(b) the principal is satisfied that home instruction is required.
O. Reg. 617/81, s. 9, part.
Vice-Principals
12.— (1) A board may appoint one or more vice-principals for a
school. R.R.O. 1980, Reg. 262, s. 13 (1).
(2) A vice-principal shall perform such duties as are assigned to
the vice-principal by the principal. O. Reg. 617/81, s. 10.
(3) In the absence of the principal of a school, a vice-principal,
where a vice-principal has been appointed for the school, shall be in
charge of the school and shall perform the duties of the principal.
R.R.O. 1980, Reg. 262, s. 13 (3).
Principals, Vice-Principals and Teachers in Charge of
Schools and Classes Established Under Part XII of the Act
13.— (1) Where, under section 289 of the Act, more than two
classes where French is the language of instruction are established in
an elementary school that is not a French-language elementary
school, the board that operates the school shall appoint one of the
teachers of such classes or a teacher who holds the qualifications
required to teach such classes to be responsible to the principal for
the program of education in such classes.
(2) Where the enrolment in classes established under section 291
of the Act in a secondary school that is not a French-language sec-
ondary school is more than seventy-five but not more than 200
pupils, the board that operates the school shall appoint one of the
teachers of such classes or a teacher who holds the qualifications
required to teach such classes to be responsible to the principal for
the program of education in such classes. O. Reg. 617/81, s. 11,
part.
(3) Where, in a secondary school, the enrolment in the classes
referred to in subsection (2) is more than 200 pupils, the board shall
appoint for such school a vice-principal who is qualified to teach in
such classes and who shall be responsible to the principal for the pro-
gram of education in such classes. R.R.O. 1980, Reg. 262,
s. 14 (3).
(4) Despite subsections (1), (2) and (3), where a teacher who
does not hold the qualifications referred to in such subsections was,
on the 8th day of September, 1978, employed by the board as a
teacher or vice-principal, as the case may be, to carry out the respon-
sibility referred to in such subsections, the teacher shall be deemed
to be qualified for such position in any elementary or secondary
school, as the case may be, operated by that board or its successor
board. O. Reg. 617/81, s. \\,part.
(5) Subsections (1) to (4) apply with necessary modifications to
schools or classes for English-speaking pupils established under sec-
tions 289 and 301 of the Act. R.R.O. 1980, Reg. 262, s. 14 (5).
Teachers in Charge of Organizational Units
14.— (1) The organization of a secondary school shall be by
departments or other organizational units. O. Reg. 617/81, s. 12,
part.
(2) A board shall appoint for each organizational unit of a sec-
ondary school a teacher to direct and supervise, subject to the
authority of the principal, such organizational unit. R.R.O. 1980,
Reg. 262, s. 15 (2).
(3) Where a program of technological studies or business studies
is offered in a secondary school, the board that operates the school
shall appoint a teacher to be in charge of each program, subject to
the authority of the principal.
(4) A teacher appointed under subsection (2) or (3) shall not be
appointed to be in charge of more than one organizational unit.
(5) A teacher appointed under subsection (2) or (3) shall hold
specialist or honour specialist qualifications in one or more of the
subjects taught in the organizational unit for which the teacher is
appointed. O. Reg. 617/81, s. \2,part.
15.— (1) The organization of an elementary school may be by divi-
sions or other organizational units. O. Reg. 617/81, s. 13,part.
(2) A board may appoint for each organizational unit of an ele-
mentary school a teacher to direct and supervise such organizational
unit subject to the authority of the principal of the school. R.R.O.
1980, Reg. 262, s. 16 (2).
(3) A teacher appointed under subsection (2) shall hold specialist
or honour specialist qualifications in respect of the organizational
unit for which the teacher is appointed. O. Reg. 233/88, s. 8.
(4) Despite subsection (3), a teacher who, on the 30th day of
June, 1981, had been appointed by the board to direct and supervise
an organizational unit shall be deemed to be qualified in respect of
such organizational unit operated by that board or its successor
board. O. Reg. 617/81, s. n,part.
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Duties of Teachers in Charge of Organizational Units
16. In addition to duties as a teacher under the Act and this Reg-
ulation, a teacher appointed under section 14 or IS shall,
(a) assist the principal, in co-operation with the teachers in
charge of other organizational units or programs, in the
general organization and management of the school;
(b) assist the principal,
(i) by recommending appointments to the teaching staff
of the organizational unit,
(ii) by recommending assignments and timetable allot-
ments for the teaching staff of the organizational
unit.
:tL
QUAUnCATIONS OF TEACHERS
(Hi)
m
in co-ordinating and supervising the teaching and m
implementing the instructional program of the
organizational unit.
(iv) in maintaining close co-operation with the commu-
nity, and
(v) in assembling information that the principal may be
required to provide in accordance with clause
11 (3) (1);
(c) file with the principal up-to-date copies of outlines of
courses of study for the organizational unit or program,
with sufficient detail to permit the effective co-ordination of
the courses of study;
(d) assist teachers in the organizational unit or program in
improving their methods of instruction, in maintaining
proper standards for instruction, and in keeping records of
the work and achievement of pupils;
(e) ensure that there is reasonable supervision of pupils who
are engaged in activity authorized by the board that is per-
formed off school property and that is part of the organiza-
tional unit or program; and
(f) ensure that equipment for use in courses and activities in
the organizational unit or program is maintained in safe
working order. O. Reg. 617/81, s. 14; O. Reg. 233/88,
s. 9.
Subject and Program Supervision and Co-Ordination
17.— (1) A board may, in respect of one or more subjects or pro-
grams in the schools under its jurisdiction, appoint a teacher to
supervise or co-ordinate the subjects or programs or to act as a con-
sultant for the teachers of the subjects or programs.
(2) A teacher appointed under subsection (1) shall hold specialist
or honour specialist qualifications, if such are available, in one or
more of the subjects or programs in respect of which the teacher is
appointed. O. Reg. 233/88, s. 10.
(3) Despite subsection (1), a teacher who, on the 8th day of Sep-
tember, 1978, was employed by a board to supervise or co-ordinate a
subject or program in its schools or to act as a consultant shall be
deemed to be qualified for such position in the schools operated by
that board or its successor board. R.R.O. 1980, Reg. 262, s. 18 (2).
18.— (1) Subject to the authority of the appropriate supervisory
officer, a teacher appointed in a subject or program under section 17
shall assist teachers in that subject or program in maintaining proper
standards and improving methods of instruction.
(2) A teacher appointed under section 17 in performing duties in
a school is subject to the authority of the principal of that school.
O. Reg. 617/81, s. 15.
19.— (1) A teacher in a school shall, subject to subsection (2), be a
person who holds or is deemed under Regulation 297 of Revised
Regulations of Ontario, 1990 to hold an Ontario Teacher's Certifi-
cate and shall, subject to subsections (4), (5), (11) and (12), be
assigned or appointed to teach according to a qualification recorded
on the teacher's Ontario Teacher's Qualifications Record Card or
the record of qualification in respect of such teacher held by the Min-
istry.
(2) A teacher who does not hold and is not deemed under Regu-
lation 297 of Revised Regulations of Ontario, 1990 to hold an
Ontario Teacher's Certificate but who,
(a) holds a Temporary Letter of Standing or a Provisional Let-
ter of Standing or a Permanent Letter of Standing; or
(b) holds a certificate or Letter of Standing referred to in sub-
section 26 (3) or 27 (1) of Regulation 297 of Revised Regu-
lations of Ontario, 1990,
may teach in a school in a subject or program for which the Letter of
Standing or certificate is valid or in which the teacher has received
professional education as indicated on the Temporary Letter of
Standing or Provisional Letter of Standing.
(3) A person who does not hold any of the qualifications referred
to in subsection (2) but who holds a Letter of Eligibility issued under
section 12 or 13 of Regulation 297 of Revised Regulations of
Ontario, 1990 may be employed by a board as an occasional teacher
only,
(a) in classes where English is the language of instruction if the
Letter of Eligibility is in Form 5 to Regulation 297 of
Revised Regulations of Ontario, 1990; or
(b) in classes where French is the language of instruction if the
Letter of Eligibility is in Form 5a to Regulation 297 of
Revised Regulations of Ontario, 1990. O. Reg. 617/81,
s. 16(1).
(4) Subject to subsections (6), (11), (12), (14) and (15), and with
due regard for the safety and welfare of the pupils and the provision
of the best possible program, a teacher whose Ontario Teacher's
Qualifications Record Card, or the record of qualification in respect
of such teacher held by the Ministry, indicates qualification in the
primary division, the junior division, the intermediate division in
general studies or the senior division in general studies may, by
mutual agreement of the teacher and the principal of a school and
with the approval of the appropriate supervisory officer, be assigned
or appointed to teach in a division or a subject in general studies for
which no qualification is recorded on the teacher's Ontario Teacher's
Qualifications Record Card or the record of qualification in respect
of such teacher held by the Ministry.
(5) Subject to subsections (11), (12) and (15), and with due
regard for the safety and welfare of the pupils and the provision of
the best possible program, a teacher whose Ontario Teacher's Quali-
fication Record Card, or the record of qualification in respect of such
teacher held by the Ministry, has entries indicating qualifications in
technological studies may by mutual agreement of the teacher and
the principal of a school, with the approval of the appropriate super-
visory officer, be assigned or appointed to teach a subject in techno-
logical studies for which no qualification is recorded on the Ontario
Teacher's Qualification Record Card or the record of qualification in
respect of such teacher held by the Ministry. O. Reg. 617/81,
s. 16 (2),pan.
(6) Subject to subsections (7), (8), (9) and (10), a teacher who
does not hold an acceptable university degree as defined in the defi-
nition of "acceptable university degree" in section 1 of Regulation
297 of Revised Regulations of Ontario, 1990 shall not be assigned or
appointed to teach general studies in a secondary school, except that
where the teacher is qualified to teach in the primary division, the
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Reg./Règl. 298
junior division and the intennediate division of an elementary school
and,
(a) on the 30th day of June, 1981 was teaching in a secondary
school; or
(b) on or before the 2nd day of October, 1981 was assigned or
appointed to teach general studies in a secondary school,
and on the 30th day of June, 1982 was teaching in a second-
ary school,
the teacher may be assigned or appointed to teach general studies to
pupils enrolled in a modified or basic level course by that board or its
successor board. O. Reg. 761/82, s. 1.
(7) Despite subsection (1), a teacher who holds,
(a) a commercial-vocational qualification; or
(b) technological studies qualifications in any one or more of
clerical practice, merchandising or warehousing,
may be assigned or appointed to teach the courses in business studies
equivalent to the courses in business studies shown on the teacher's
Ontario Teacher's Qualifications Record Card or the record of quali-
fication in respect of the teacher held by the Ministry. O. Reg.
195/87, s. 3(1).
(8) A teacher who holds qualifications in technological studies in
sewing and dressmaking, or textiles and clothing, or home economics
may be assigned or appointed to teach in a secondary school the
clothing portion of the family studies course.
(9) A teacher who holds qualifications in technological studies in
food and nutrition or home economics may be assigned or appointed
to teach in a secondary school the food and nutrition portion of the
family studies course. O. Reg. 617/81, s. 16 (2), part.
(10) A teacher who holds qualifications in technological studies
in vocational art, instrumental music or vocal music may be assigned
or appointed to teach art, instrumental music or vocal music, as the
case may be, in general studies in a secondary school. R.R.O.
1980, Reg. 262, s. 20 (8).
(11) A teacher who has not received basic teacher education in
the English language or who is not otherwise qualified under the reg-
ulations for such assignment or appointment shall not be assigned or
appointed to teach in classes where English is the language of
instruction.
(12) A teacher who has not received basic teacher education in
the French language or who is not otherwise qualified under the reg-
ulations for such assignment or appointment shall not be assigned or
appointed to teach in schools or classes established under Part XII of
the Act where French is the language of instruction. O. Reg.
617/81, s. 16 (3).
(13) Despite subsections (11) and (12), a teacher who holds quali-
fications to teach in the intermediate division and the senior division
may be assigned or appointed to teach in either or both of such divi-
sions in classes where English or French is the language of
instruction. O. Reg. 416/81, s. 1.
(14) No teacher shall,
(a) be assigned, or appointed to teach, in any of grades 9, 10,
11, 12 and 13 in any one school year for more than the time
required for two courses that are recognized for credit in
art, business studies, guidance including counselling, family
studies, instrumental music, vocal music or physical educa-
tion; or
(b) be placed in charge of,
(i) a school library program,
(ii) a guidance program, or
(iii) special education; or
(c) be assigned or appointed to teach,
(i) French as a second language,
(ii) English as a second language,
(iii) industrial arts,
(iv) subject to subsections (5) and (15), technological
studies,
(v) in a special education class,
(vi) in a class for deaf, hard of hearing, blind or limited
vision pupils, or
(vii) as a resource or withdrawal teacher in special educa-
tion programs.
unless,
(d) the teacher's Ontario Teacher's Qualifications Record Card
or the record of qualification in respect of such teacher held
by the Ministry indicates qualifications in the subject or
program to which the teacher is to be assigned or appointed
or placed in charge; or
(e) the teacher is qualified for such assignment, appointment or
placement under subsection (2) or (16) or deemed to be
qualified therefor under subsection (17).
(15) On or after the 1st day of September, 1982, no teacher shall
be assigned or appointed to teach courses in the senior division in
technological studies at the General or Advanced levels unless the
teacher's Ontario Teacher's Qualifications Record Card or the
record of qualification in respect of such teacher held by the Ministry
indicates advanced level qualifications in the area of technological
studies to which the teacher is to be assigned or appointed.
O. Reg. 617/81, s. 16(4).
(16) A teacher in a school or class for trainable retarded pupils
shall,
(a) have an entry on the teacher's Ontario Teacher's Qualifica-
tions Record Card or on the record of qualification in
respect of such teacher held by the Ministry, indicating
qualifications in the area of teaching the trainable retarded;
or
(b) hold one of the following:
1. Elementary Certificate in Teaching Trainable
Retarded Children.
2. Intermediate Certificate in Teaching Trainable
Retarded Children.
3. Certificate as Teacher of the Trainable Retarded.
4. Provisional or Permanent Letter of Standing valid
for the teaching of the trainable retarded. O. Reg.
617/81, s. 16 (5).
(17) A teacher who, on the 8th day of September, 1978, was
employed by a board to teach,
(a) French as a second language or English as a second lan-
guage in an elementary school or a secondary school; or
(b) industrial arts in an elementary school,
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and is not qualified for such position under subsection (14), shall be
deemed to be qualified for such position in the elementary schools or
the secondary schools, as the case may be, that are operated by that
board or its successor board. R.R.O. 1980, Reg. 262, s. 20 (14).
(18) Where a teacher's Ontario Teacher's Qualifications Record
Card or record of qualification has entries indicating qualifications
both in technological studies and in guidance, the teacher may be
assigned or appointed to teach guidance and counselling in general
studies in a secondary school. O. Reg. 617/81, s. 16 (6).
(19) The provision of subsection (14) that no teacher shall be
assigned or appointed to teach in a special education class or pro-
gram unless the teacher holds qualifications in special education does
not apply to the teaching of classes in general studies or technological
studies in what was formerly designated a special vocational or occu-
pational program until the 1st day of September, 1985. O. Reg.
785/81, s. 2.
(20) A teacher may be assigned or appointed to teach those
courses that are equivalent to those courses that appear on the teach-
er's Ontario Teacher's Qualifications Record Card or the record of
qualification in respect of the teacher held by the Ministry.
O. Reg. 195/87, s. 3 (2).
DimES OF Teachers
20. In addition to the duties assigned to the teacher under the Act
and by the board, a teacher shall,
(a) be responsible for effective instruction, training and evalua-
tion of the progress of pupils in the subjects assigned to the
teacher and for the management of the class or classes, and
report to the principal on the progress of pupils on request;
(b) carry out the supervisory duties and instructional program
assigned to the teacher by the principal and supply such
information related thereto as the principal may require;
(c) where the board has appointed teachers under section 14,
15 or 17, co-operate fully with such teachers and with the
principal in all matters related to the instruction of pupils;
(d) unless otherwise assigned by the principal, be present in the
classroom or teaching area and ensure that the classroom or
teaching area is ready for the reception of pupils at least fif-
teen minutes before the commencement of classes in the
school in the morning and, where applicable, five minutes
before the commencement of classes in the school in the
afternoon;
(e) assist the principal in maintaining close co-operation with
the community;
(f) prepare for use in the teacher's class or classes such teach-
ing plans and outlines as are required by the principal and
the appropriate supervisory officer and submit the plans
and outlines to the principal or the appropriate supervisory
officer, as the case may be, on request;
(g) ensure that all reasonable safety procedures are carried out
in courses and activities for which the teacher is responsi-
ble; and
(h) co-operate with the principal and other teachers to establish
and maintain consistent disciplinary practices in the school.
O. Reg. 617/81, s. 17; O. Reg. 785/81, s. 3.
Appointment to Teach in the Case of an Emergency
21.— (1) Where no teacher is available, a board may appoint, sub-
ject to section 22, a person who is not a teacher or a temporary
teacher.
(2) A person appointed under subsection (1) shall be eighteen
years of age or older and the holder of an Ontario secondary school
diploma, a secondary school graduation diploma or a secondary
school honour graduation diploma.
(3) An appointment under this section is valid for ten school days
commencing with the day on which the person is appointed.
O. Reg. 233/88, s. 11.
Cancelled and Suspended Certificates
22.— (1) A board shall not appoint a person whose teaching certifi-
cate is cancelled or under suspension to teach under section 21 or in
accordance with a Letter of Permission.
(2) A person whose teaching certificate is cancelled or under sus-
pension ceases to hold teacher's qualifications during the period of
cancellation or suspension and shall not be appointed as a teacher.
O. Reg. 233/88, s. 12, part.
Requirements For Pupils
23.-(l) A pupil shall,
(a) be diligent in attempting to master such studies as are part
of the program in which the pupil is enrolled;
(b) exercise self-discipline;
(c) accept such discipline as would be exercised by a kind, firm
and judicious parent;
(d) attend classes punctually and regularly;
(e) be courteous to fellow pupils and obedient and courteous to
teachers;
(f) be clean in person and habits;
(g) take such tests and examinations as are required by or
under the Act or as may be directed by the Minister; and
(h) show respect for school property.
(2) When a pupil returns to school after an absence, a parent of
the pupil, or the pupil where the pupil is an adult, shall give the rea-
son for the absence orally or in writing as the principal requires.
(3) A pupil may be excused by the principal from attendance at
school temporarily at any time at the written request of a parent of
the pupil or the pupil where the pupil is an adult.
(4) Every pupil is responsible for his or her conduct to the princi-
pal of the school that the pupil attends,
(a) on the school premises;
(b) on out-of-school activities that are part of the school pro-
gram; and
(c) while travelling on a school bus that is owned by a board or
on a bus or school bus that is under contract to a board.
O. Reg. 617/81, s. 19,part.
Advertisements and Announcements
24. No advertisement or announcement shall be placed in a
school or on school property or distributed or announced to the
pupils on school property without the consent of the board that oper-
ates the school except announcements of school activities. R.R.O.
1980, Reg. 262, s. 26.
Canvassing and Fund-Raising
25.— (1) It is the duty of a pupil to ensure that any canvassing or
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Reg./Règl. 298
fund-raising activity on school property by the pupil is carried on
only with the consent of the board that operates the school.
(2) No principal, vice-principal or teacher, without the prior
approval of the board that operates the school at which they are
employed, shall authorize any canvassing or fund-raising activity that
involves the participation of one or more pupils attending the school.
O. Reg. 233/88, s. \2,pan.
Supervision
gious exercises or provide religious instruction for the purposes of
the separate school board or the Roman Catholic sector.
(3) A board may permit a person to conduct religious exercises or
to provide instruction that includes indoctrination in a particular reli-
gion or religious belief in a school if,
(a) the exercises are not conducted or the instruction is not pro-
vided by or under the auspices of the board;
26.— (1) The appropriate supervisory officer, in addition to the
duties under the Act, may, during a visit to a school, assume any of
the authority and responsibility of the principal of the school.
(2) Psychiatrists, psychologists, social workers and other profes-
sional support staff employed by a board shall perform, under the
administrative supervision of the appropriate supervisory officer,
such duties as are determined by the board and, where such persons
are performing their duties in a school, they shall be subject to the
administrative authority of the principal of that school. O. Reg.
617/81, s. 20.
(3) A supervisory officer who is notified under subsection 1 1 (5)
shall forthwith notify the French-language education council or sec-
tion, English-language education council or section or majority lan-
guage section of the board, as the case requires, and arrange for,
(a) the provision of supervision of instruction;
(b) assistance and advice to the teachers in respect of whom the
supervisory officer was given notice under subsection
11 (5); and
(c) the conducting of performance appraisals, where appropri-
ate, of the teachers in respect of whom the supervisory offi-
cer was given notice under subsection 11 (5),
in the language in which the instruction is provided.
233/88, s. 13.
Religion in Schooi^
O. Reg.
(b) the exercises are conducted or the instruction is provided on
a school day at a time that is before or after the school's
instructional program, or on a day that is not a school day;
(c) no person is required by the board to attend the exercises or
instruction; and
(d) the board provides space for the exercises or instruction on
the same basis as it provides space for other community
activities.
(4) A board that permits religious exercises or instruction under
subsection (3) shall consider on an equitable basis all requests to con-
duct religious exercises or to provide instruction under subsection
(3). O. Reg. 677/90, s. 2,part.
Special Education Programs and Services
30. A hearing-handicapped child who has attained the age of two
years may be admitted to a special education program for the
hearing-handicapped. O. Reg. 555/81, s. 2.
31. The maximum enrolment in a special education class shall
depend upon the extent of the exceptionalities of the pupils in the
class and the special education services that are available to the
teacher, but in no case shall the enrolment in a self-contained class
exceed.
27. Sections 28 and 29 do not apply to a separate school board or
to the Roman Catholic sector of The Ottawa-Carleton French-Lan-
guage School Board. O. Reg. 677/90, s. 2,part.
28.— (1) A board may provide in grades one to eight and in its sec-
ondary schools an optional program of education about religion.
(2) A program of education about religion shall,
(a) promote respect for the freedom of conscience and religion
guaranteed by the Canadian Charter of Rights and
Freedoms; and
(b) provide for the study of different religions and religious
beliefs in Canada and the world, without giving primacy to,
and without indoctrination in, any particular religion or
religious belief.
(3) A program of education about religion shall not exceed sixty
minutes of instruction per week in an elementary school. O. Reg.
677/90, s. 2, part.
(a) in a class for pupils who are emotionally disturbed or
socially maladjusted, for pupils who have severe learning
disabilities, or for pupils who are younger than compulsoty
school age and have impaired hearing, eight pupils;
(b) in a class for pupils who are blind, for pupils who are deaf,
for pupils who are trainable retarded, or for pupils with
speech and language disorders, ten pupils;
(c) in a class for pupils who are hard of hearing, for pupils with
limited vision, or for pupils with orthopaedic or other physi-
cal handicaps, twelve pupils;
(d) in a class for pupils who are educable retarded children,
twelve pupils in the primary division and sixteen pupils in
the junior and intermediate divisions;
(e) in an elementary school class for pupils who are gifted,
twenty-five pupils;
29.— (1) Subject to subsections (2) and (3), a board shall not per-
mit any person to conduct religious exercises or to provide instruc-
tion that includes indoctrination in a particular religion or religious
belief in a school.
(2) A board may enter into an agreement with a separate school
board or the Roman Catholic sector of The Ottawa-Carleton French-
Language School Board that permits the separate school board or
the Roman Catholic sector to use space and facilities to conduct reli-
(f) in a class for aphasie or autistic pupils, or for pupils with
multiple handicaps for whom no one handicap is dominant,
six pupils; and
(g) on and after the 1st day of September, 1982, in a class for
exceptional pupils consisting of pupils with different excep-
tionalities, sixteen pupils. O. Reg. 617/81, s. 24.
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REGULATION 299
PAYMENT OF LEGISLATIVE GRANTS
1. A board may be paid a sum on account of a legislative grant for
educational purposes for a year prior to the filing of a regulation pre-
scribing the conditions governing the payment of legislative grants
for educational purposes for the year, if the sum does not exceed the
(a) 30 per cent of the grant payable to the board for the preced-
ing year in respect of a legislative grant other than an
amount referred to in clause (b); and
(b) the amount allocated to the board for the year in respect of
which an allocation is made under the Capital Grant Plan
established and maintained by the Minister. O. Reg.
112/90, s. 1.
REGULATION 300
PRACTICE AND PROCEDURE-BOARDS OF
REFERENCE
1. In this Regulation,
"applicant" means a person in respect of whose application the Min-
ister has granted a Board;
"Board" means a Board of Reference that is granted by the Minister
under section 270 of the Act;
"reference" means proceedings before a Board; and
"respondent" means a party to a reference other than the applicant.
R.R.O. 1980, Reg. 270, s. 1.
2. The parties to a reference shall be,
(a) where a board is the applicant, the board and the teacher
who terminated his or her contract; and
(b) where a teacher is the applicant, the teacher and the board
that dismissed the teacher or terminated his or her contract.
R.R.O. 1980, Reg. 270, s. 2.
3. Except as provided by section 7, the minimum rules for pro-
ceedings provided in Part I of the Statutory Powers Procedure Act,
apply to a reference. R.R.O. 1980, Reg. 270, s. 3.
4. The chair of the Board shall cause three reference books to be
prepared from the documents filed with him or her under section S.
R.R.O. 1980, Reg. 270, s. 4.
5.— (1) Where a teacher is the applicant, the teacher shall file with
the chair of the Board three copies of each of,
(a) the contract of the teacher with the board where the teacher
holds a copy of the contract, or an affidavit that the teacher
does not hold a copy of the contract;
(b) the notice of dismissal or termination of contract;
(c) the statement of the disagreement with the dismissal or ter-
mination of contract as sent to the Minister;
(d) the notice from the Minister that he or she has directed a
judge to act as chair of the Board; and
(e) the notice of the nomination by the teacher of a representa-
tive to the Board.
(2) Where a teacher is the applicant, the board shall file with the
chair of the Board three copies of each of,
(a) the contract of the teacher with the board;
(b) the resolution, if any, of the board dismissing the teacher or
terminating his or her contract;
(c) the copy of the application for a Board provided by the
applicant;
(d) the notice of the application for a Board provided by the
Minister;
(e) the notice from the Minister that he or she has directed a
judge to act as chair of the Board; and
(f) the notice of the nomination by the board of a representa-
tive to the Board.
(3) The Minister shall cause to be filed with the chair of the
Board three copies of each of,
(a) the application for a Board;
(b) the notice of the application for a Board sent to the respon-
dent; and
(c) the Order-in-Council authorizing the judge to act as chair of
the Board.
(4) Where a board is the applicant, the teacher shall file with the
chair of the Board three copies of each of,
(a) the contract of the teacher with the board where the teacher
holds a copy of the contract, or an affidavit that the teacher
does not hold a copy of the contract;
(b) the copy of the application for a Board provided by the
applicant;
(c) the notice of the application for a Board provided by the
Minister;
(d) the notice from the Minister that he or she has directed a
judge to act as chair of the Board; and
(e) the notice of the nomination by the teacher of a representa-
tive to the Board.
(5) Where a board is the applicant, the board shall file with the
chair of the Board three copies of each of,
(a) the contract of the teacher with the board;
(b) the notice of termination of contract;
(c) the statement of the disagreement with the termination of
the contract as sent to the Minister;
(d) the notice from the Minister that he or she has directed a
judge to act as chair of the Board; and
(e) the notice of the nomination by the board of a representa-
tive to the Board.
(6) The documents to be filed with the chair under this section
shall be filed with him or her not less than three days before the day
upon which the hearing is to begin.
(7) A copy of the documents filed with the chair by an applicant
shall be served by the applicant upon the respondent and a copy of
the documents filed with the chair by a respondent shall be served by
the respondent upon the applicant, and such service shall be made by
personal service or by registered mail upon the party or upon the
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EDUCATION
Reg./Règl. 300
solicitor of the party to be served and shall be made not less than
three days before the day upon which the hearing is to begin.
(2) The costs of an interpreter shall be included in the costs of the
reference. R.R.O. 1980, Reg. 270, s. 10.
(8) A reference shall not be defeated by any error or omission in
the supply of the documents referred to in this section, but the chair
may require any such error or omission to be corrected upon such
terms as to adjournment, costs and otherwise as he or she may
determine. R.R.O. 1980, Reg. 270, s. 5.
6.— (1) At a reference, the respondent shall begin and at the con-
clusion of the case for the respondent,
(a) where the applicant states an intention not to adduce evi-
dence and the applicant has not adduced evidence, the
respondent has the right to sum up the evidence and the
applicant has the right to reply; and
(b) where the applicant wishes to adduce evidence, the appli-
cant has the right to open the applicant's case and after the
conclusion of such opening to adduce evidence and, when
all the evidence is concluded, to sum up the evidence, and
the respondent has the right to reply.
(2) Where a party to a reference is represented by counsel or an
agent, a right conferred upon the party by subsection (1) may be
exercised by the party's counsel or agent at the option of the party.
(3) Where, for any reason, a party to a reference omits or fails to
adduce evidence that is material, the Board, at the request of such
party made prior to the giving of the direction of the Board, may per-
mit the party to adduce such evidence upon such conditions in
respect of cross-examination, introduction of rebuttal evidence,
reply, costs and any other matters as the chair may direct. R.R.O.
1980, Reg. 270, s. 6.
7. Despite section 15 of the Statutory Powers Procedure Act, the
findings of fact of the Board shall be based exclusively on evidence
admissible under the law of evidence and on matters of which notice
may be taken under section 16 of that Act. R.R.O. 1980, Reg. 270,
s. 7.
8.— (1) The evidence before a Board shall be recorded by a per-
son approved and appointed by the chair of the Board and who,
before acting, shall make an oath or affirmation that he or she will
truly and faithfully record the evidence to the best of his or her abili-
ties.
(2) It is not necessary to transcribe the evidence recorded at a ref-
erence unless,
(a) the chair orders that it be done, in which case the costs
thereof shall be included in the costs of the reference; or
(b) a party to the reference requests that it be done and pays
the costs of the preparation of the transcript.
(3) Where evidence at a reference is transcribed, the transcript
shall be accompanied by an affidavit or affirmation of the person
recording the evidence that it is a true report of the evidence.
R.R.O. 1980, Reg. 270, s. 8.
11.— (1) An application for judicial review of a decision of the
Board operates as a stay in the reference.
(2) Where an application for judicial review of a decision of the
Board is made where the reference was conducted in the French lan-
guage, the decision of the Board and the reasons therefor, where
reasons have been given, and the transcript, if any, of the oral evi-
dence given at the hearing, shall be translated into the English lan-
guage, and the costs thereof shall be included in the costs of the
reference. R.R.O. 1980, Reg. 270, s. 11.
12. A member of a Board who participates in a decision of the
Board shall have been present throughout the reference. R.R.O.
1980, Reg. 270, s. 12.
13.— (1) The remuneration of members of a Board other than the
chair shall not be less than $85 per day or greater than $150 per day.
(2) In addition to the remuneration under subsection (1), a mem-
ber of a Board is entitled to his or her actual travelling and living
expenses incurred while engaged in his or her duties as a member of
the Board.
(3) Counsel fees, interpreter fees, fees in respect of the recording
and transcribing of the evidence, allowances to court attendants and
other costs incurred in respect of a reference shall be at the rate for
such fees, allowances and costs in matters before a county or district
court. R.R.O. 1980, Reg. 270, s. 13.
14. A party to a reference who desires to call as a witness an
opposite party may either request the Board to summons the party or
give the party or the party's solicitor at least five days notice of the
intention to examine the party as a witness, paying at the same time
the amount proper for attendance money, and, if such opposite party
does not attend on such summons or notice, the reference may be
postponed at the direction of the chair of the Board. R.R.O. 1980,
Reg. 270, s. 14.
15. The chair of the Board may, where it appears necessary for
the purposes of the reference, make an order for the examination on
oath or affirmation before any person and at any place of a person
who has knowledge respecting the matters before the Board and
who, because of illness or other reasonable cause, is unable to attend
the reference and may permit such deposition to be placed in
evidence. R.R.O. 1980, Reg. 270, s. 15.
16. The chair of the Board at a reference may.
(a) order a witness who is not a party to the reference to be
excluded from the reference until called to give evidence;
and
9. A reference shall be conducted, and the report and direction of
the Board shall be, in the English language, except where the Board
and the parties to the reference agree that the reference be con-
ducted in the French language, in which case the report and direction
of the Board may, at the option of the Board, be in the French
language. R.R.O. 1980, Reg. 270, s. 9.
10.— (1) The chair may, and if required by a party to the reference
shall, appoint a person to act as an interpreter at the reference, and
such person before acting shall make an oath or affirmation that he
or she will truly and faithfully translate the evidence to the best of his
or her abilities.
(b) exclude the testimony of any person who does not comply
with an order made under clause (a). R.R.O. 1980, Reg.
270, s. 16.
17. A record of a reference, compiled by a Board shall be for-
warded as soon as practicable by the chair of the Board to the Minis-
ter, and such record shall be retained by the Minister for a period of
at least two years after which time it may be destroyed without the
necessity of notice thereof being given to either party to the
reference. R.R.O. 1980, Reg. 270, s. 17.
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Reg./Règl. 301
REGULATION 301
PUPIL RECORDS
1.— (1) In this Regulation,
"common course code" means the designation issued by the Minister
that is assigned to,
(a) a secondary school course developed from a curriculum
guideline issued by the Minister,
(b) a non-guideline course;
"identified health condition" means a medical condition that is diag-
nosed by a legally qualified medical practitioner for which treat-
ment or other activity is required and in respect of which,
(a) full particulars of the condition and the treatment or activity
have been communicated to the principal of the school in
which the pupil is enrolled, and
(b) the principal has developed a procedure for implementation
of the treatment or activity;
"linkage program" means a program authorized by the Minister or
the Minister of Colleges and Universities or the Minister of Skills
Development that enables a pupil who has obtained the credits in
specific technological or business courses and successfully com-
pleted competencies identified in approved training profiles to
qualify for advanced placement when entering post-secondary
training and educational programs planned and carried out by or
on behalf of the Minister of Colleges and Universities or the Minis-
ter of Skills Development;
"non-guideline course" means a secondary school course that,
(a) is not developed from a curriculum guideline issued by the
Minister,
(b) meets educational needs not met by a course set out in a
curriculum guideline issued by the Minister, and
(c) is approved by the Minister for credit purposes and that is
offered at a school or private school that is approved by the
Minister;
"Ontario student transcript" means that part of a pupil record that is
used to record particulars of the secondary school courses that
have been successfully completed by a pupil and the credits that
have been granted in recognition thereof;
"pupil record" means a record in respect of a pupil that is established
and maintained by the principal of a school in accordance with this
Regulation;
"receiving school" means a school or private school to which a pupil
transfers from a sending school;
"record folder" means an Ontario student record folder;
"record of French instruction" means a record of accumulated
instruction in French as a second language;
"report card" means a legible copy of the written communication
from a principal of a school to a parent or guardian of a pupil who
is under the age of eighteen years or to a pupil where the pupil has
attained the age of eighteen years that sets out the progress and
achievement of the pupil at the completion by the pupil of a sec-
ondary school course or an elementary school grade or when the
pupil transfers to a school or to a private school or retires from
school and includes an achievement form prepared for a pupil
prior to the 1st day of September, 1985;
"secondary school course" means a course at the secondary level
that is eligible for credit;
"sending school" means,
(a) a school, or
(b) a private school to which a pupil record has been transfer-
red,
from which a pupil transfers to another school or private school;
"supervised alternative learning program" means a program
approved for a pupil under Regulation 308 of Revised Regulations
of Ontario, 1990 (Supervised Alternative Learning for Excused
Pupils).
(2) For the purposes of this Regulation, a pupil retires from
school or a private school where the pupil withdraws from the school
or private school, as the case may be.
(3) Subsection (2) does not apply where a pupil,
(a) withdraws for a temporary period with the consent of the
principal; or
(b) transfers to another school or private school to which the
pupil record, except the index card, is transferred.
O. Reg. 380/86, s. 1.
(4) For the purposes of this Regulation, an educational institu-
tion that is operated outside Ontario to provide education for pupils
whose parents or guardians are members of the Canadian Forces or
employees of the Department of National Defence of the Govern-
ment of Canada shall be deemed to be a private school in Ontario
that is operated by the Government of Canada. R.R.O. 1980, Reg.
271, s. 1(3).
2.— (1) Every principal of a school shall establish a pupil record in
respect of each pupil enrolled in the school at the time each such
pupil enrols in the school for the first time.
(2) A pupil record shall consist of,
(a) an index card referred to in section 6;
(b) a record folder completed in accordance with this Regula-
tion;
(c) where the pupil is enrolled in a secondary school course, an
Ontario student transcript;
(d) report cards in respect of the pupil;
(e) where applicable, a documentation file referred to in sec-
tion 25; and
(f) in the case of a pupil who is, on or after the 30th day of Sep-
tember, 1977, enrolled in a program of instruction in
French as a second language, a record of French instruction
completed in accordance with this Regulation.
(3) Documents, photographs and information in writing that in
the opinion of the principal of the school in which the pupil is
enrolled are or are likely to be beneficial to teachers in the instruc-
tion of the pupil may be inserted in the pupil record of a pupil.
(4) A report card or other part of a pupil record that is produced
by means of a computer or equipment used in connection with a
computer may be included in a record folder.
(5) Clauses 2 (a), (b), (d), (e) and (f) do not apply to a record in
respect of a pupil enrolled in a correspondence course that is distrib-
uted and supervised by the Minister.
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(6) Clauses 2 (b), (d), (e) and (f) do not apply to a record in
respect of a pupil enrolled only in a secondary school course at night
school or in an adult education class. O. Reg. 380/86, s. 2, part.
3.— (1) The record folder that forms part of the pupil record of a
pupil who enrolled for the first time in school prior to the commence-
ment of the 1985-86 school year shall be in Form 1 or its equivalent in
the French language.
(2) The record folder that forms part of the pupil record of a
pupil who enrols for the first time in school on or after the com-
mencement of the 1985-86 school year shall be in Form 2 or its equiv-
alent in the French language. O. Reg. 380/86, s. 2, pan.
4.— (1) Every principal of a school shall establish, at the time the
pupil re-enrols, a pupil record in respect of each pupil who retired
from school prior to the 1st day of September, 1972 and re-enrols in
the school for the first time.
(2) A pupil record established in respect of a pupil referred to in
subsection (1) who re-enrols in a school other than the school in
which the pupil was enrolled immediately prior to retirement from
school, upon the written request of the principal of the school at
which the pupil has re-enrolled, shall,
(a) be established by the principal of the school in which the
pupil was enrolled immediately prior to retirement from
school; and
(b) be transferred by the principal establishing the record to the
principal of the school at which the pupil has re-enrolled.
(3) The principal of the school at which the pupil has re-enrolled
shall, where a record folder in Form 1 has been established and
where it is practicable to do so, cause the record folder to be
adjusted so that it conforms with Form 2.
(4) Subsection (3) does not apply with respect to a pupil enrolled
in grade 11, 12 or 13 on the 30th day of June, 1985. O. Reg. 380/86,
s. 2,part.
5. Where the progress through school of a pupil has been
recorded in a manner other than in accordance with this Regulation
and a pupil record is required to be established in respect of the pupil
in Form 2, the pupil record shall be established by,
(a) transcribing into or attaching to the record folder in Form 2
the items, particulars and summaries required for its com-
pletion in accordance with this Regulation;
(b) completing and inserting in the record folder the report
cards as may be necessary to record the educational
achievement of the pupil; and
(c) inserting in the record folder the documents, photographs
and information in writing that in the opinion of the princi-
pal form part of the pupil record. O. Reg. 380/86, s. 2,
part.
6.— (1) Every principal of a school shall establish and maintain an
index card for each pupil enrolled in the school.
(2) An index card shall have recorded on it,
(a) the full name of the pupil as recorded on the record folder;
(b) the sex of the pupil;
(c) the student number of the pupil assigned by the school or
the school board where a student number has been assigned
to the pupil;
(d) the date of birth of the pupil and the source of verification
thereof;
(e) the name of the father and mother of the pupil or, where
applicable, the name of the guardian of the pupil;
(f) where applicable, the name of the parent or person who has
custody of the pupil and the name of the parent or person
who is entitled to have access to the pupil;
(g) the address and home telephone number of the pupil;
(h) an emergency telephone number in respect of the pupil
where the parent or guardian of the pupil or the pupil pro-
vides such a number;
(i) the date that the pupil enrolled in the school and where
applicable, the date that the pupil transfers to a receiving
school or retires from school;
(j) where applicable, the name and address of the receiving
school to which the pupil transfers and the date the pupil
record in respect of the pupil is transferred to the receiving
school;
(k) where applicable, the address of the pupil at the date the
pupil transfers from the school or at the date the pupil
retires from school; and
(1) the name and address of the school or such other informa-
tion that will identify the source of the index card.
(3) In addition to the information referred to in subsection (2),
the principal may cause to be recorded on the index card with respect
to a pupil,
(a) an up-to-date list of names, addresses and phone numbers
of persons who have been retained to assist the pupil or to
advise the pupil;
(b) the pupil's means of transportation to and from school;
(c) information that the principal considers may be relevant in
locating the pupil or in obtaining assistance for the pupil in
the case of an emergency;
(d) information with respect to the pupil that sets out an identi-
fied health condition of the pupil and the procedures devel-
oped by the principal in respect thereof; and
(e) information that in the opinion of the principal may be ben-
eficial to teachers in the instruction of the pupil.
(4) The index card with respect to a pupil shall be kept at the
school during the period that the pupil is enrolled at the school and
shall be retained for a period of fifty-five years from the date upon
which the pupil transfers to another school or to a private school or
retires from school, as the case may be.
(5) Where a pupil transfers to another school or to a private
school or retires from school, the index card with respect to the pupil
shall be stored at the school from which the pupil transfers or retires
or at a central records office provided by the board. O. Reg.
380/86, s. 2, part.
Record Folder
7.— (1) A record folder, a documentation file and Ontario student
transcript shall be obtained from the Minister or from a supplier des-
ignated by the Minister. O. Reg. 380/86, s. 3.
(2) Where the Minister designates a supplier of record folders,
the Minister shall ensure by agreement with the supplier that the
folders shall be made from paper of similar weight, composition and
size to those supplied by the Ministry. R.R.O. 1980, Reg. 271,
s. 7 (2).
8.— (1) Subject to subsection (4), Part A of a record folder shall
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Reg./Règl. 301
be completed when the pupil record is established and shall indicate
the method that was used to verify the name and date of birth of the
pupil.
(2) A principal shall, where the principal receives a request in
writing from the parent or guardian of a pupil that the pupil be iden-
tified by a surname other than the legal surname of the pupil and the
principal is satisfied that,
(a) the pupil is known by a surname other than the legal sur-
name of the pupil;
(b) the name is a name obtained by repute and that the use of
the name is in the best interests of the pupil,
record the surname requested in Part A of the record folder in addi-
tion to the legal surname of the pupil and the requested surname
shall be used instead of the legal surname of the pupil.
(3) The written request referred to in subsection (2) shall be filed
in the documentation file referred to in section 25.
(4) Subject to subsection (6), where a principal receives a docu-
ment that establishes to the satisfaction of the principal that the
name of a pupil in respect of whom the principal maintains a pupil
record has been changed,
(a) by marriage; or
(b) in accordance with the law of the province, state or country
in which the document was made,
the principal shall file the document or a notarial copy thereof in the
documentation file referred to in section 25 and shall change the
name of the pupil on the record folder, the report cards and the
index card.
(5) A reference in the record folder, report cards and index card
of a pupil whose name has been changed as set out in subsection (4)
shall be made as if the original record had been established in the
name as changed.
(6) Where a principal receives notice in writing signed by a Direc-
tor appointed under the Child and Family Services Act or by a local
director of a children's aid society that a pupil in respect of whom the
principal maintains a pupil record has been legally placed for adop-
tion, the principal shall,
(a) prepare a new index card and record folder for the pupil in
the surname of either or both of the adoptive parents and in
the given name or names of the pupil that are desired by the
adoptive parents and inserting for the purposes of clause
6 (2) (e) and subsection 13 (1) the names of the person or
persons with whom the pupil has been placed for adoption;
(b) change the name of the pupil on the report cards previously
prepared for the pupil as set out on the new index card and
record folder referred to in clause (a);
(c) ensure that no contents of the record folder disclose the
previous name of the pupil or the placement of the pupil for
adoption; and
(d) destroy the index card and record folder that are replaced
by the card and folder prepared in accordance with clause
(a).
(7) Subsection (6) does not apply where both the adoptive par-
ents and the society, or where the child has been placed by a licensee
referred to in Part VII of the Child and Family Services Act the
licensee, agree that it is in the best interests of the pupil to disclose
the placement for adoption, in which case the provisions of subsec-
tion (4) in respect of the record folder, the report cards and the index
card apply.
(8) Where a principal receives notice in writing signed by a Direc-
tor appointed under the Child and Family Services Act or by a local
director of a children's aid society that a placement for adoption of a
pupil in respect of whom the principal maintains a pupil record has
been terminated, the principal shall,
(a) prepare a new index card and record folder for the pupil in
the name of the pupil as required by the Director or local
director, as the case may be;
(b) restore on the report cards previously prepared for the
pupil the name of the pupil that appeared thereon immedi-
ately prior to a change made under subsection (6);
(c) ensure that the contents of the record folder do not disclose
that the pupil was placed for adoption;
(d) destroy the index card and record folder prepared under
subsection (6) for the pupil; and
(e) where applicable, advise in writing the principal who trans-
ferred the pupil record to the principal of the receiving
school of the change that has been made in the pupil record
of the pupil.
(9) Where a principal who maintains a pupil record is notified in
writing by a Director appointed under the Child and Family Services
Act or by a local director of a children's aid society of an adoption
order made in respect of the pupil and as a consequence of such
order one or more changes in the pupil record or a new pupil record
are required, the principal shall, in such manner that the fact of the
adoption is not disclosed in the pupil record,
(a) make the necessaty changes in the pupil record; or
(b) establish a new pupil record and destroy the former pupil
record,
and notify the Director or local director of the action taken.
(10) Subsection (9) does not apply where the Director or local
director, as the case may be, and the adoptive parents agree that it is
in the best interests of the pupil to disclose the adoption. O. Reg.
380/86, s. 4.
9. The current address and home telephone number of a pupil
and an emergency telephone number in respect of the pupil may be
entered on the record folder of the pupil in a place clearly visible and
easily located. R.R.O. 1980, Reg. 271, s. 9.
10.— (1) An entry shall be made in Part B of a record folder,
(a) where a report card in respect of the pupil is prepared; and
(b) where a report card is not required to be prepared under
subsection 22 (3). O. Reg. 380/86, s. 5, part.
(2) The name of the school or private school or the designation of
the school where the school does not have a particular name, shall be
recorded in the column in Part B of the record folder under the sub-
heading "School" each time that an entry is made in another column
in Part B.
(3) The name of the board that operates the school or the name
of the person that operates the school or private school shall be
recorded in the column in Part B of the record folder under the sub-
heading "Board" each time that an entty is made in another column
in Part B.
(4) The name of the teacher designated by the principal as having
basic responsibility for the pupil shall be recorded in the column in
Part B of the record folder under the subheading "Teacher contact"
each time that an entry is made in another column in Part B.
R.R.O. 1980, Reg. 271, s. 10 (2-4).
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Reg./Règl. 301
(5) Where an entry is made in Part B of a record folder, the year,
the month and the day of the month in which the pupil commenced
the studies or the work in respect of which the report card is pre-
pared shall be entered in the columns under the subheading "En-
tered".
(6) Where an entry is made in Part B of a record folder and no
report card is required to be prepared under subsection 22 (3), the
entry in the columns under the subheading "Entered" shall be made
as if a report card had been prepared.
(7) Where an entry is made in Part B of a record folder, the year,
the month and the day of the month in which the pupil completed the
studies or the work in respect of which the report card is prepared
shall be entered in the columns under the subheading "Completed"
in Form 1 or "Last Date of Attendance" in Form 2, as the case
requires.
(8) Where an entry is made in Part B of a record folder and no
report card is required to be prepared under subsection 22 (3), the
entry in the columns under the subheading "Completed" or "Last
Date of Attendance" shall be the date upon which the pupil transfer-
red from the school to another school or to a private school or retired
from the school, as the case may be.
(9) Where an entry is made in Part B of the record folder,
(a) the grade in which the pupil is placed; or
(b) a "U" where the pupil is placed in an ungraded program,
and the date of the entry shall be recorded opposite the entry in the
column under the subheading "Achievement Form No" in Form 1 or
"Grade" in Form 2, as the case requires.
(10) At least one entry in Part B of a record folder shall be made
in each school year. O. Reg. 380/86, s. 5, part.
11.— (1) Subject to subsection (2), where a pupil successfully com-
pletes a secondary school course towards a Secondary School Gradu-
ation Diploma the fact of the completion shall be recorded in accor-
dance with this section in Part C of the record folder in Form 1
established for the pupil, under the subheading,
(a) Communications;
(b) Social and environmental studies;
(c) Pure and applied sciences; or
(d) Arts,
in accordance with the classification of the course that was estab-
lished by the principal for the school year in which the course is suc-
cessfully completed by the pupil.
(2) Where a pupil who has not previously successfully completed
a secondary school course, successfully completes a secondary school
course towards an Ontario Secondary School Diploma, the second-
ary school course successfully completed by the pupil shall be
recorded in accordance with section 12. O. Reg. 380/86, s. 6, part.
(3) Entries made in Part C in respect of secondary school courses
that have been successfully completed and that lead to the Secondary
School Graduation Diploma or in respect of which a Certificate of
Training may be granted shall be recorded on the part of the record
folder to the right of the side note "Secondary School Graduation
Diploma", and entries made in Part C in respect of secondary school
courses that have been successfully completed and that lead to the
Secondary School Honour Graduation Diploma shall be recorded on
the part of the record folder to the right of the side note "Honour
Graduation Diploma".
(4) The title of the secondary school course successfully com-
pleted and its local designation shall be entered in the proper column
under the sub-subheading "Courses" in Part C.
(5) Where an entry is made in a column under the sub-
subheading "Courses", there shall be entered opposite thereto,
(a) in the column adjacent thereto under the sub-subheading
"Year", the number of the grade in which the secondary
school course is customarily taken by pupils enrolled in the
school or private school;
(b) in the column under the sub-subheading "Grading" adja-
cent to the immediate right of the column referred to in
clause (a), the number, the letter or letters of the alphabet
or a symbol or any combination thereof, as the case may be,
that is representative of the grade obtained by the pupil
where a grade was given for the course and, where no grade
was given for the course, a check mark, asterisk or other
symbol shall be entered therein to indicate that no grade
was given to pupils in that course in that school year;
(c) in the column under the sub-subheading "Credits" adjacent
to the immediate right of the column referred to in clause
(b), the value assigned for diploma purposes to the credit
awarded to the pupil in respect of the course, and where the
credit has a value for diploma purposes that is not an inte-
ger, such value shall be expressed as a decimal; and
(d) in the column under the sub-subheading "Date" adjacent to
the immediate right of the column referred to in clause (c),
the date on which the pupil successfully completed the
(6) Where a Secondary School Graduation Diploma or a Certifi-
cate of Training has been granted to the pupil,
(a) the date upon which the diploma or certificate was granted
shall be recorded opposite the subheading "Date Granted"
where it first appears in Part C and if a Certificate of Train-
ing was granted it shall be so recorded; and
(b) the total value assigned for diploma purposes to the credits
awarded in respect of the courses under each area of study
shall be entered opposite the sub-subheading "total" imme-
diately above the entry referred to in clause (a),
and where a Secondary School Honour Graduation Diploma has
been granted to the pupil, the date upon which it was granted shall
be entered opposite the subheading "Date granted" where it appears
for the second time in Part C. R.R.O. 1980, Reg. 271, s. 11 (2-5).
(7) Where a credit is obtained at a summer school or at an eve-
ning class by a pupil to whom subsection (1) applies, the title of the
course in respect of which the credit is obtained, the grade, if any,
the value of the credit obtained and the date shall be recorded in
accordance with this section in the appropriate columns in Part C of
the record folder. O. Reg. 380/86, s. (>,part.
(8) There may be entered to the right of Part C of the record
folder in respect of a pupil the total number of credits toward the
Secondary School Graduation Diploma that have been earned by the
pupil as of a specific date, which date shall be entered beside such
total number of credits. R.R.O. 1980, Reg. 271, s. 11 (7).
Ontario Student Transcript
12.— (1) An Ontario student transcript shall be in Form 5 and
shall be completed in accordance with this section.
(2) Where a pupil enrolled in a school successfully completes a
secondary school course, the fact of the completion shall be recorded
on the Ontario student transcript established for the pupil.
(3) Where a pupil who is not enrolled in a school successfully
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Reg./Règl. 301
completes a secondary school course, the fact of the completion shall
be recorded on an Ontario student transcript,
(a) established for the pupil by the Ministry; or
(b) where a school maintains a pupil record for the pupil, in the
school that maintains the pupil record for the pupil.
(4) The title or abbreviation of the title of a secondary school
course successfully completed shall be entered in the column under
the heading "Course/Cours".
(5) Where an entry under subsection (4) is in respect of a second-
ary school course for which,
(a) a common course code has been issued; and
(b) the Minister has provided a title or an abbreviation of a
title,
the title or abbreviation of the title of the secondary school course
that is entered shall be that provided by the Minister.
(6) Where an entry is made in the column under the heading
"Course/Cours", there shall be entered opposite thereto,
(a) in the column adjacent to the left thereof under the heading
"Grade/Année",
(i) the number of the grade in which the secondary
school course is customarily taken by pupils enrolled
in the school or private school, or
(ii) "OAC/C.P.O." where the course is an Ontario aca-
demic course;
(b) in the column under the heading "Date" adjacent to the
immediate left of the column referred to in clause (a), the
year, the month and day of the month on which the pupil
successfully completed the secondary school course;
(c) in the column under the heading "Course code/Code du
cours" adjacent to the right of the column under the head-
ing "Course/Cours", the common course code, if any, of
the secondary school course;
(d) in the column under the heading "Achievement/Notes fin-
ales" adjacent to the immediate right of the column
referred to in clause (c), the number that is representative
of the grade obtained in the secondary school course by the
pupil;
ondary school course was undertaken at the basic, general
or advanced level respectively; and
(h) in the column under the heading "OAC/C.P.O." adjacent
to the immediate right of the column referred to in clause
(g), an "X" where the secondary school course is an
Ontario academic course.
(7) An entry referred to in clause (6) (d) with respect to a pupil
who successfully completes the same secondary school course more
than once shall show only the highest grade obtained by the pupil in
the course.
(8) Where a pupil,
(a) successfully completes the requirements for an Ontario sec-
ondary school diploma; or
(b) retires from school without successfully completing the
requirements for an Ontario secondary school diploma but
after successfully completing the requirements for a Certifi-
cate of Education and requests such a certificate,
the name of the diploma or certificate, as the case may be, and the
date of issuance thereof shall be recorded on the Ontario student
transcript established for the pupil in the school that maintains a
pupil record for the pupil or by the Ministry, as the case requires.
O. Reg. 380/86, s. 7.
13.— (1) In Part D of the record folder, only the first names of the
parents of a pupil shall be recorded except that, where the surname
of the parent differs from the surname of the pupil, the surname of
the parent shall be recorded.
(2) Where applicable, the full name of the guardian of a pupil
shall be recorded in the space provided therefor in Part D of the
record folder.
(3) Where a parent or the guardian of a pupil dies, the date of
death shall be recorded opposite the name of such person. R.R.O.
1980, Reg. 271, s. 13.
14.— (1) Subject to subsection (2), a summary of any recommen-
dations regarding special health problems of a pupil that, in the opin-
ion of the principal, are likely to interfere with the achievement of
the pupil in school shall be recorded in Part E of the record folder.
(2) The parents of a pupil under the age of eighteen years shall be
consulted before an entry is made in Part E of the record folder, and
the pupil shall be consulted where the pupil is of the full age of eight-
een years. R.R.O. 1980, Reg. 271, s. 14 (1, 2).
(e) in the column under the heading "Credit/Credit" adjacent
to the immediate right of the column referred to in clause
(d), the value assigned for diploma purposes to the credit
awarded to the pupil in respect of the secondary school
course, and where the credit has a value for diploma pur-
poses that is not an integer, the value shall be expressed as a
decimal;
(f) in the column under the heading "Compulsory/Obligatoire"
adjacent to the immediate right of the column referred to in
clause (e),
(i) where the secondary school course is compulsory for
diploma purposes, an "X", and
(ii) where the secondary school course is not compulsory
for diploma purposes, no entry;
(g) in the column under the heading "Level of Difficulty/Ni-
veau de difficulté" adjacent to the immediate right of the
column referred to in clause (f) under the subheading
"B/F", "G" and "A", an "X" to indicate whether the sec-
(3) Entries in Part E of the record folder shall be kept up-to-date
and the year, the month and the day of the month on which the entry
is made shall be recorded. O. Reg. 380/86, s. 8.
15. Where a photograph of the pupil in respect of whom a record
folder is established is placed in Part F of the record folder, the date,
as nearly as may be ascertained, on which the photograph was taken
shall be recorded and the photograph may be replaced from time to
time with a more recent photograph of the pupil. R.R.O. 1980,
Reg. 271, s. 15.
16.— (1) Where a pupil participates in a co-instructional activity, a
record of the participation of the pupil may be entered in Part G of
the record folder. O. Reg. 380/86, s. 9.
(2) Where an entry is made under subsection (1), the date of the
participation and the date of the entry shall be recorded in Part G of
the record folder and additional information in respect of such entry
may be inserted in the record folder. R.R.O. 1980, Reg. 271,
s. 16 (2).
17.— (1) A linkage program or supervised alternative learning
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Reg./Règl. 301
program provided to a pupil or information in respect of the immuni-
zation of the pupil shall be recorded in Part H of a record folder.
(2) Immunization information that is received in respect of a
pupil shall show the year, month and day of the month on which the
information is received.
(3) An up-to-date linkage achievement record shall be inserted in
the record folder of a pupil who enters upon or transfers or retires
from a linkage program.
(4) A linkage achievement record referred to in subsection (3)
shall be retained by the school for at least five years following the
year in which the pupil retires from school, and thereafter forthwith
destroyed.
(5) Information in respect of a pupil who is excused from atten-
dance at school or from full-time attendance at school under a super-
vised alternative learning program shall be recorded in Part H of the
record folder and shall include the year, month and day of the month
on which the pupil began the program.
(6) Any information in addition to the information referred to in
this section that in the opinion of the principal, may be beneficial to
teachers in the instruction of the pupil may be recorded in Part H of
the record folder or inserted in the record folder and the year, month
and day of the month on which the entry is made shall be recorded.
0. Reg. 380/86, s. I0,part.
18.— (1) Outstanding achievements of a pupil and any awards or
scholarships received by a pupil including additional information
related to the achievement, award or scholarship and the dates
thereof may be recorded in Part I of the record folder in Form 1 or in
Part J of the record folder in Form 2, in respect of the pupil, as the
case requires.
(2) Where additional information is inserted in a record folder in
accordance with subsection 17 (6) or subsection (1), the insertion
may be destroyed after five years next following the year in which the
pupil retires from school or from a private school that maintains a
pupil record in respect of the pupil. O. Reg. 380/86, s. 10, part.
19.— (1) Where the pupil record of a pupil is in Form 1, the year,
the month and the day of the month upon which a pupil retires from
school or from a private school to which the pupil record, except the
index card, has been transferred, shall be recorded under the sub-
heading "Date of retirement" in Part J of the record folder in respect
of the pupil.
(2) Where after a retirement referred to in subsection (1) the
pupil re-enrols in school or in a private school that maintains the
pupil record, the year, the month and the day of the month of the
subsequent retirement of the pupil from school or from a private
school shall be recorded in the pupil record.
(3) Where a date is entered under the subheading "Date of
retirement" in Part J of a record folder, the address of the pupil at
that date shall, where the address is known to the principal, be
recorded under the subheading "Address at retirement" in Part J.
(4) Where the record folder of a pupil is in Form 2, the informa-
tion referred to in subsections (1), (2) and (3) shall be entered in Part
C of the record folder. O. Reg. 380/86, s. 10, part.
20.— (1) Where the record folder in respect of a pupil is in Form
1, information as to the destination of the pupil in respect of employ-
ment or further education upon the retirement of the pupil from
school or other relevant follow-up information may be entered in
Part K of the record folder.
(2) Where the record folder in respect of a pupil is in Form 2, the
information referred to in subsection (1) may be entered in Part C of
the record folder. O. Reg. 380/86, s. 10, part.
Report Cards
21.— (1) Every board shall approve report cards in the English or
the French language for use in its schools that,
(a) provide for the information required under sections 23 and
24;
(b) contain space for comment by the pupil or the parent or
guardian of the pupil, as the case may be; and
(c) contain the following statement or, in the case of a report
card in the French language, an accurate translation of the
following statement in the French language:
To Pupils and Parents:
This copy of the report card should be retained for future refer-
ence. The original or a true copy thereof has been placed in the
record folder in respect of the pupil and will be retained for five
years after the pupil retires from school. Every effort has been
made to ensure that all entries made are a clear indication of the
achievement of the pupil. If you wish to review the information
contained in the record folder, please contact the principal. A
pupil, and the parent or guardian of the pupil where the pupil has
not attained the age of eighteen years, is entitled to access to the
pupil record of the pupil.
(2) Subject to subsection (3), a report card required to be placed
in the record folder shall be printed on paper that,
(a) is white and is capable of retaining its whiteness for the
period of time referred to in section 33;
(b) is sufficiently opaque to permit ink to be applied to both
sides of the paper and retain legibility to both sides thereof;
and
(c) is suitable for long-term storage.
(3) Where the information on a report card is recorded by means
of a computer or equipment used in connection with a computer, the
paper on which the information is printed shall be such that the
paper has, where possible, the characteristics set out in subsection
(2). O. Reg. 380/86, s. 10, pan.
22.— (1) Every principal of a school shall ensure that a report card
is prepared in respect of each pupil enrolled in the school when the
pupil completes a secondary school course or elementary school
grade and at the time the pupil transfers to another school or to a pri-
vate school, or retires from school, as the case may be.
(2) A report card may when required by the board of the school
be prepared more frequently than required under subsection (1).
(3) Where a pupil transfers to another school or to a private
school or retires from school within six weeks of the date of the
enrolment of the pupil in the school or within six weeks from the
commencement of a new school year, as the case may be, no report
card shall be prepared in respect of the six week period.
(4) Where a school is organized on a semester plan, a report card
shall be prepared at the end of each semester. O. Reg. 380/86,
s. 10, part.
23.— (1) Every report card in respect of a pupil shall have entered
on it,
(a) the full name of the pupil as recorded on the record folder;
(b) where applicable, the grade in which the pupil is placed;
(c) the record of attendance of the pupil at school;
406
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ÉDUCATION
Reg./Règl. 301
(d)
(e)
where applicable,
pupil is promoted;
a reference to the grade to which the
a concise statement of the program of study undertaken by
the pupil sufficient to enable a person to understand the
objectives, content and degree of difficulty of the courses
included in the program of study;
(f) in respect
pupil.
of each program of study undertaken by the
(i) a detailed statement provided by an anecdotal
description, a percentage mark, a letter grade or any
other means that indicates the level of achievement
of the pupil, or
(ii) a statement that there has been insufficient time to
assess the achievement of the pupil;
(g) in respect of a course for which credit may be awarded and
where the pupil is entitled to such credit, the value assigned
to the credit for diploma purposes and, where the credit has
a value that is not an integer, such value shall be expressed
as a decimal;
(h) in respect of a course for which no credit may be awarded,
the words "non-credit course"; and
(i) the common course code of each subject for which a com-
mon course code has been issued.
(2) The record of attendance referred to clause 1 (c) may be in
respect of the reporting period of the report card and may include
references to the number of times the pupil was late for school.
O. Reg. 380/86, s. I0,pan.
24.— (1) Every report card in respect of a pupil shall have entered
on it the address and other particulars of the school at which the
pupil attained the achievement recorded on the report card sufficient
to identify the school.
(2) When a report card is complete it shall be signed by the prin-
cipal of the school or the teacher or other school official designated
for such purpose by the principal, and a report card so signed is evi-
dence of the achievement of the pupil recorded on the report card.
(3) Where a report card is signed by a teacher or other school
official designated by the principal, the person signing the report
card shall indicate thereon that the person is signing for and on
behalf of the principal and shall give the name of the principal.
(4) Where a report card is completed and signed as provided in
this section, the report card or a true copy thereof shall be placed in
the record folder of the pupil and the report card or a true copy
thereof shall be forwarded,
(a) to the parent or guardian of the pupil where the pupil has
not attained the age of eighteen years; or
(b) to the pupil where the pupil has attained the age of eighteen
years. O. Reg. 380/86, s. 10, part.
DCXnjMENTATION FiLE
25.— (1) A documentation file shall be in Form 6.
(2) Every principal of a school shall ensure that, where applica-
ble, a documentation file is prepared in respect of each pupil
enrolled in the school.
(3) A custody order, a change of name order, a request by a par-
ent or guardian of a pupil under subsection 8 (2), or a request
referred to in section 27 in respect of a pupil shall be inserted in the
documentation file of the pupil.
(4) The principal may store in a documentation file referred to in
subsection (2), material that in the opinion of the principal is benefi-
cial to teachers in the instruction of the pupil including,
(a) identification or placement determinations or both by a
committee;
(b) the results of a review of a placement; and
(c) the decision of an appeal board, board or tribunal in respect
of an identification or placement made by a committee, and
the documentation related thereto.
(5) The contents of a documentation file shall be reviewed regu-
larly by the principal and the principal may remove any material con-
sidered no longer to be beneficial to teachers in the instruction of the
pupil.
(6) Where any material is removed from a documentation file,
the material shall be given to the pupil or the parent or guardian of
the pupil or destroyed. O. Reg. 380/86, s. 10, part.
Student Record of Accumulated Instruction in French as a
Second Language
26.— (1) In this section, "program" means a program in French as
a second language. R.R.O. 1980, Reg. 271, s. 28 (1).
(2) A record of French instruction shall be in Form 4. O. Reg.
380/86, s. 11, part.
(3) A record of French instruction shall be established for each
pupil who is enrolled in a program in an elementary school or a sec-
ondary school.
(4) Subject to subsection (9), an entry shall be made on the
record of French instruction in respect of a pupil who is enrolled in a
program in an elementary school or a secondary school, during a
school year or in a summer course,
(a) at or before the end of such school year or summer course;
and
(b) when the pupil transfers to another school or to a private
school, or retires from school.
(5) The full name of the pupil, as recorded on the record folder,
shall be recorded on the record of French instruction, and such
record shall be placed in the record folder maintained in respect of
the pupil and retained therein, except that it may be removed from
the record folder and retained elsewhere in the school for a tempo-
rary period while the pupil is enrolled in a program.
(6) Subject to subsection (9), there shall be entered on the record
of French instruction established in respect of a pupil, in the column
appropriate therefor, for each school year or summer course during
which the pupil was enrolled in a program,
(a) the school year or summer course;
(b) the name of the educational authority outside Ontario or
the board or private school that provided the program;
(c) the grade in which the pupil was registered;
(d) the number of hours of instruction received in the subject of
French;
(e) the other subjects in which the pupil received instruction in
the French language and the number of hours of such
instruction received in each such subject;
(f) the total number of hours of instruction received by the
pupil in a program during such school year or summer
course; and
407
Reg./Règl. 301
EDUCATION
Reg./Règl. 301
(g) the total number of hours of instruction in a program that
the pupil has accumulated at the end of such school year or
summer course,
but no entry shall be made on the record of French instruction in
respect of a program taken in a nursery school, or a program taken in
evening classes for which no credit is given. R.R.O. 1980, Reg.
271, s. 28 (3-6).
(7) Where a pupil is enrolled in a program for a portion of a
school year, the percentage of the school year that the pupil is in the
program shall, subject to subsection (9), be entered on the record of
French instruction established in respect of a pupil in the column
headed "School Year" to the right of the dotted line. O. Reg.
380/86, s. 11, part.
(8) Where information that is required in respect of previous
years for preparing a record of French instruction in respect of a
pupil is not obtainable, a notation to this effect shall be made on the
record of French instruction, and the estimated total number of
hours of instruction in a program accumulated by the pupil shall be
entered in the column of the record of French instruction headed
"Total hours accumulated at the end of the School year". R.R.O.
1980, Reg. 271, s. 28(8).
(9) Where the principal of a secondary school is satisfied that all
the information referred to in clauses (6) (a) to (g) and in subsection
(7) where applicable, in respect of a pupil, can be ascertained from
the entries on the record folder and the report cards in respect of the
pupil taken together, the entry of the information in respect of a pro-
gram that is taken in the secondary school is not required to be made
on the record of French instruction in respect of the pupil. O. Reg.
380/86, s. 11, part.
Correction of Record or Deletion from Record
27.— (1) Where a principal receives a request referred to in sub-
section 266 (4) of the Act with respect to a record of a pupil and
where all or part of the request is not complied with the principal
shall place,
(a) the request; and
(b) a statement giving reasons for not complying with the
request or part thereof, as the case may be,
in the documentation file in respect of the pupil.
(2) The principal shall place a statement of any decision under
subsection 266 (5) of the Act (reference where disagreement) made
by a supervisory officer or person designated by the Minister with
respect to a record of a pupil in the documentation file of the pupil.
O. Reg. 380/86, s. 12, part.
28.— (1) Every principal shall ensure that no pupil record dis-
closes the contravention or alleged contravention by the pupil of any
statute or regulation made thereunder to which the Young Offenders
Act or Part VI of the Provincial Offences Act applies or discloses the
disposition of any proceedings brought in respect thereof.
(2) Where an entry in a pupil record discloses the contravention
or alleged contravention by the pupil of any statute or regulation
made thereunder to which the Young Offenders Act or Part VI of the
Provincial Offences Act applies or the disposition of any proceedings
brought in respect thereof, the principal of the school in which the
pupil is enrolled shall ensure that the entry is deleted from the pupil
record.
(3) Where in the opinion of the principal information or material
that has been inserted in the record folder in respect of a pupil is no
longer beneficial to teachers in the instruction of the pupil, the prin-
cipal may remove such information or material from the record
folder and either give it to the pupil or the parent or guardian of the
pupil or destroy it. O. Reg. 380/86, s. 12, part.
Transfer
29.— (1) Where a pupil transfers from a sending school to a
receiving school that is not under the jurisdiction of the same board,
the principal of the receiving school shall, where the receiving school
is a school, and may, where the receiving school is a private school,
send to the principal of the sending school a written request for trans-
fer of the pupil record in respect of the pupil.
(2) Where a principal receives a request referred to in subsection
(1), the principal of the sending school shall transfer by first class
mail to the principal of the receiving school, the materials or, where
the materials have been microrecorded or stored on computer files, a
printed copy of the materials referred to in clauses 2 (2) (b), (c), (d),
(e) and (f) and in subsection 2 (3) in respect of the pupil.
(3) Subsection (2) does not apply with respect to the sending of a
printed copy where the principal of the receiving school indicates in
the written request that the receiving school has the capability of
receiving that part of the pupil record that has been microrecorded
or stored on computer files in such a way as to enable the receiving
school to reproduce or view the pupil record in the same manner as
the sending school.
(4) Where the principal indicates that the receiving school is
capable of receiving a pupil record that has been microrecorded or
stored on computer files, the pupil record may be transmitted to the
receiving school in such form.
(5) Where a pupil transfers by reason of promotion or in accor-
dance with instructions of the board from one school to another that
is under the jurisdiction of the same board, the principal of the send-
ing school may, without a request therefor in writing, forward to the
principal of the receiving school by first class mail or by delivery ser-
vice provided by the board, the materials referred to in clauses
2 (2) (b), (c), (d), (e) and (f) and in subsection 2 (3) in respect of the
pupil.
(6) Where the receiving school is a private school that is not oper-
ated by the Government of Canada and that is not inspected under
subsection 16 (7) of the Act (Inspection on request), the principal of
the sending school shall not transfer the pupil record under subsec-
tion (1) unless the principal has the consent of,
(a) the pupil, where the pupil has attained the age of eighteen
years; or
(b) the parent or guardian of the pupil, where the pupil has not
attained the age of eighteen years.
(7) An original pupil record shall not be transferred to an educa-
tional institution outside Ontario.
(8) A true copy of the information contained in the pupil record
of a pupil may be sent by first class mail to the principal of an educa-
tional institution outside Ontario only where the principal in whose
possession the pupil record is receives,
(a) a request for the pupil record from the principal of the edu-
cational institution outside Ontario; and
(b) a request in writing for the transfer of the pupil record is
signed by,
(i) the pupil, where the pupil has attained the age of
eighteen years, or
(ii) the parent or guardian of the pupil, where the pupil
has not attained the age of eighteen years.
(9) Where the pupil or the parent or guardian of the pupil, as the
case requires, satisfies the principal of the school in which the stu-
dent is enrolled that the pupil requires a copy of a pupil record for
the purposes of enrolling in an educational institution outside
408
Reg./Règl. 301
EDUCATION
Reg./Règl. 301
Ontario, a true copy of the information contained in the pupil record
of the pupil may be provided to,
(a) the pupil, where the pupil has attained the age of eighteen
years; or
(b) the parent or guardian of the pupil, where the pupil has not
attained the age of eighteen years. O. Reg. 380/86, s. 12,
30.— (1) Where the principal of a school or a private school is of
the opinion that a pupil record or any part of a pupil record should
be established and maintained in the French language, the principal
may, with the approval of the board or the person operating the pri-
vate school, as the case may be, establish and maintain the pupil
record or the part thereof in the French language.
(2) Where the principal of a school or a private school maintains
a pupil record in the French language and the pupil transfers from a
sending school to a receiving school and the principal of the receiving
school is of the opinion that the pupil record should be maintained in
the English language, the part of the pupil record that is in the
French language shall not be translated and the pupil record may be
maintained thereafter in the English language.
(3) Where the principal of a school or a private school maintains
a pupil record in the English language and the pupil transfers from a
sending school to a receiving school and the principal of the receiving
school is of the opinion that the pupil record should be maintained in
the French language, the part of the pupil record that is in the
English language shall not be translated and the pupil record may be
maintained thereafter in the French language. O. Reg. 380/86,
s. I2,part.
31.— (1) Where a pupil retired from school or from a private
school that maintained a pupil record in respect of the pupil before
the 31st day of August, 1985, and the pupil, where the pupil has
attained the age of eighteen years or the parent or guardian of the
pupil, where the pupil has not attained such age, so requests, the
principal shall give to the pupil or to the parent or guardian of the
pupil, as the case requires,
(a) a true copy of Part C of the record folder in respect of the
pupil; and
(b) except for the report cards and the record of French instruc-
tion of the pupil, the information and materials that are
stored in the record folder.
(2) Where the information and materials referred to in clause
(1) (b) are not requested by the pupil or by the parent or guardian of
the pupil, as the case requires, they shall be retained in the pupil
record until the 31st day of July of the fifth year following the year in
which the pupil retires from school, after which date they shall be
destroyed forthwith. O. Reg. 380/86, s. 12, parr.
32.— (1) Where a pupil retires from school or from a private
school that maintains a pupil record in respect of the pupil on and
after the 1st day of September, 1985, and the pupil, where the pupil
has attained the age of eighteen years or the parent or guardian of
the pupil, where the pupil has not attained such age, so requests, the
principal shall give to the pupil or to the parent or guardian of the
pupil, as the case requires,
(a) a true copy of the Ontario student transcript in respect of
the pupil;
(b) except for the report cards and the record of French instruc-
tion of the pupil, the information and materials that are
stored in the record folder; and
(c) where applicable, the contents of the documentation file of
the pupil.
(2) Where the information and materials referred to in clauses
(1) (b) and (c) are not requested by the pupil or by the parent or
guardian of the pupil, as the case requires, they shall be retained in
the pupil record until the 31st day of July of the fifth year following
the year in which the pupil retires from school, after which date they
shall be destroyed forthwith. O. Reg. 380/86, s. I2,parl.
33. A record of French instruction, if any, and the report cards
retained in a record folder in respect of a pupil may be destroyed
after five years next following the year in which the pupil retires from
school or from a private school that maintains a pupil record in
respect of the pupil.
34.— (1) A record folder in respect of a pupil shall be retained by
the board,
(a) in the school attended by the pupil immediately before the
retirement of the pupil from school; or
(b) in a central records office maintained by the board that
operated the school referred to in clause (a),
for a period of fifty-five years from the year in which the pupil retires
from school, except where the record folder is microrecorded or
stored on a computer file in a manner that permits a clear and legible
reproduction to be printed.
(2) Where a pupil retires from a private school that maintains a
pupil record in respect of the pupil, the private school, after a period
of five years next following the year in which the pupil retires from
the private school may, where the sending school in respect of that
pupil is not a private school, return the record folder to the sending
school, in which case subsection (1) applies as if such sending school
were the school attended by the pupil immediately before the retire-
ment of the pupil from school.
(3) Where the private school does not return the record folder to
the sending school, subsections (1) and (3) apply with necessary
modifications to the private school in respect of such record folder.
(4) A record folder in respect of a pupil that is microrecorded or
stored on a computer file in a manner that permits a clear and legible
reproduction to be printed, may be destroyed after five years follow-
ing the year in which the pupil retires from school or from a private
school that maintains a pupil record in respect of the pupil.
(5) The information on a microrecording or computer file with
respect to a record folder of a pupil shall be retained for a period of
fifty-five years after the retirement of the pupil.
(6) Where a private school ceases to operate, every pupil record
that is retained by the private school and that has not been transfer-
red to a school or a private school because of a transfer of a pupil to
another school or a private school shall be sent forthwith to the Min-
ister.
(7) Where a school section is declared inactive, a secondary
school district or separate school board is discontinued or a board is
dissolved and its assets not vested in another board, every pupil
record that is retained by the board or a school operated by the
board and that has not been transferred to a school or a private
school because of a transfer of a pupil to another school or a private
school shall be sent forthwith to the Minister.
(8) A person who destroys all or any part of a pupil record that is
no longer required to be retained under this Regulation shall ensure
that the destruction is effected under conditions that ensure com-
plete, confidential disposal of the record or part thereof. O. Reg.
380/86, s. 12, parr.
409
Reg./Règl. 301
EDUCATION
Reg./Règl. 301
Form 1
Education Ad
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Form 2
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Form 3
Education Act
STUDENT ACHIEVEMENT FORM
STUDENT ACHIEVEMENT FORM
Description of Studies
Surname, Given names
Description of Achievement
Grade
(where applicable)
Grading
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Credits
School Name and Address
To students and parents:
Signature of School Official
Date Sent
This copy of the achievement
form should be retained for
future reference. The original
has been placed in the record
folder in respect of the pupil and
will be retained for only three
years after the pupil retires from
school. Every effort has been
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made are a clear indication of the
achievement of the pupil. If you
wish to review the information
contained in the record folder,
please contact the principal.
Comment by student and/or parents:
R.R.O. 1980, Reg. 271, Form 3.
416
Reg./Règl. 301
EDUCATION
Reg./Règl. 301
Form 4
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EDUCATION
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Form 5
Education Act
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Reg./Règl. 301
EDUCATION
Reg./Règl. 301
Form 6
Education Act
DOCUMENTATION FILE
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Reg./Règl. 302
EDUCATION
Reg./Règl. 303
REGULATION 302
PURCHASE OF MILK
i. A board is authorized to purchase milk for free distribution to
pupils in schools under its jurisdiction. R.R.O. 1980, Reg. 272,
s. 1.
2. The authority of a board may be exercised on condition that,
(a) the distribution is effected only on school days between 8.45
a.m. and 4.00 p.m. and under the supervision and direction
of the principal; and
(b) the milk is consumed on the school premises. R.R.O.
1980, Reg. 272, s. 2.
REGULATION 303
REGIONAL TRIBUNALS
1. A regional tribunal shall consist of three members appointed
by the Minister, one of whom shall be designated by the Minister as
the chair of the regional tribunal. O. Reg. 71/84, s. 1.
2. A regional tribunal referred to in Column 1 of the Table may
be established for the region described opposite thereto in Column 2
of the Table and has jurisdiction in that region.
TABLE
TABLE — Continued
Item
Column 1
Column 2
Regional Tribunal
Region
1.
North Western Region
(English)
North Western Region
(French)
The territorial districts of Ken-
ora. Rainy River and Thun-
der Bay
2.
Midnorthern Region
(English)
Midnorthern Region
(French)
The territorial districts of
Algoma, Manitoulin and Sud-
bury
3.
North Eastern Region
(English)
North Eastern Region
(French)
The territorial districts of Coch-
rane, Muskoka, Nipissing,
Parry Sound and Timiskam-
ing
4.
Western Region
(English)
Western Region
(French)
The counties of Bruce, Elgin,
Essex, Grey, Huron, Kent,
Lambton, Middlesex, Oxford
and Perth
Item
Column 1
Column 2
Regional Tribunal
Region
5.
Central Region
(English)
Central Region
(French)
The Municipality of Metropoli-
tan Toronto, the regional
municipalities of Durham,
Haldimand-Norfolk, Halton,
Hamilton-Wentworth, Niag-
ara, Peel, Waterloo and York
and the counties of Brant,
Dufferin, Haliburton, Hast-
ings, Northumberland, Peter-
borough, Prince Edward,
Simcoe, Victoria and Well-
ington
6.
Eastern Region
(English)
Eastern Region
(French)
The Regional Municipality of
Oltawa-Carleton and the
counties of Dundas, Fronte-
nac, Glengarry, Grenville,
Lanark, Leeds, Lennox and
Addington, Prescott, Ren-
frew, Russell and Stormont
O. Reg. 71/84, s. 2.
3. No person is eligible to be a member of a regional tribunal
unless he or she resides in the region in which the regional tribunal
has jurisdiction. O. Reg. 71/84, s. 3.
4. No person who has had any prior involvement with the deter-
mination under appeal is eligible to be a member of a regional tribu-
nal that hears the appeal. O. Reg. 71/84, s. 4.
5. Where an appeal is taken to a regional tribunal in respect of
the identification or placement of an exceptional pupil enrolled in a
school or class established under Part XII of the Act and the parent
or guardian of the pupil requests that the appeal be heard in the
French language or the English language, as the case may be,
(a) the persons appointed by the Minister as members of the
tribunal shall be French-speaking or English-speaking, as
required; and
(b) the appeal shall be heard in the French language or in the
English language, as the case may be. O. Reg. 71/84, s. 5.
6. Upon receiving notification of the names of the members of a
regional tribunal appointed by the Minister, the secretary of the tri-
bunal shall,
(a) fix a date for hearing the appeal and shall so advise the par-
ties to the hearing;
(b) require the Regional Director of Education for the adminis-
trative region of the Ministry within which the board that is
a party to the hearing has jurisdiction to make, in coopera-
tion with the parties to the hearing, arrangements for a suit-
able place and time at which the hearing shall be held; and
(c) advise in writing the parties to the hearing of the arrange-
ments that have been made. O. Reg. 71/84, s. 6.
421
Reg./Règl. 304
EDUCATION
Reg./Règl. 304
REGULATION 304
SCHOOL YEAR AND SCHOOL HOLIDAYS
1.— (1) In this Regulation,
"instructional day" means a school day that is designated as an
instructional day on a school calendar and upon which day an
instructional program that may include examinations is provided
for each pupil whose program is governed by such calendar;
"professional activity" includes evaluation of the progress of pupils,
consultation with parents, the counselling of pupils, curriculum
and program evaluation and development, professional develop-
ment of teachers and attendance at educational conferences;
"professional activity day" means a school day that is designated as a
day for professional activities on a school calendar;
"school day" means a day that is within a school year and is not a
school holiday;
"school year" means the period prescribed as such by or approved as
such under this Regulation.
(2) A board may designate half a school day an instructional pro-
gram and the remainder of the day for professional activities, but
such a day constitutes a half-day in determining the number of
instructional days in the school year. O. Reg. 822/82, s. 1.
2.— (1) Subject to section 5, the school year shall commence on or
after the 1st day of September and end on or before the 30th day of
June.
(2) Subject to section 5, a school year shall include a minimum of
194 school days of which up to 9 days may be designated by the
board as professional activity days and the remaining school days
shall be instructional days.
(3) Despite subsection (2), where a board designates more than 9
professional activity days, the number of days in excess of 9 shall be
added to the number of instructional days identified on the school
calendar.
(4) Subject to section 5, the following are school holidays:
1 . Every Saturday and Sunday.
2. When the school is open during July, Canada Day.
3. Labour Day.
4. A day appointed by the Governor General or the Lieuten-
ant Governor as a public holiday or for Thanksgiving.
5. A Christmas vacation consisting of fourteen consecutive
days commencing on the Monday next following the Friday
preceding the 21st day of December, but when the 21st day
of December is a Thursday or a Friday, commencing on the
Monday next following.
6. Five consecutive days commencing on the Monday next fol-
lowing the Friday preceding the 14th day of March.
7. Good Friday.
8. Easter Monday.
9. Victoria Day. O. Reg. 822/82, s. 2.
3.— (1) A board may designate up to fifteen instructional days as
examination days.
(2) Despite subsection (1), where a board designates more than
fifteen instructional days as examination days, the number of days in
excess of fifteen shall be added to the number of instructional days
identified on the school calendar.
(3) Where a school has a policy of granting exemptions to pupils
from the writing of examinations, such exemptions may be granted
only from the final examinations in a course and only where at least
one other set of examinations has been held.
(4) The teaching staff shall be in school during regular school
hours on examination days and accessible to pupils, unless the board
directs otherwise. O. Reg. 822/82, s. 3.
4.— (1) In each year every board shall, except in respect of a
school or class for which the board has submitted a proposed school
calendar under section 5, prepare, adopt and submit to the Minister
on or before the 1st day of May in respect of the school year next fol-
lowing, the school calendar or school calendars to be followed in the
schools under its jurisdiction, and each such school calendar shall.
(a)
state the school or schools in which the calendar is to be fol-
lowed;
(b) conform to section 2; and
(c) identify each day of the school year as an instructional day,
a professional activity day or a school holiday.
(2) In preparing a school calendar under subsection (1), the
board shall ensure that some of the professional activity days are des-
ignated for the purposes of curriculum development, implementation
and review.
(3) A school calendar submitted under subsection (1) shall be
accompanied by a general outline of the activities to be conducted on
the professional activity days identified on the calendar. O. Reg.
822/82, s. 4.
5.— (1) For one or more schools under its jurisdiction a board may
designate a school year and school holidays that are different from
those prescribed in section 2 and, where a board does so, the board
shall submit to the Minister on or before the first day of March a pro-
posed school calendar for the school year next following in respect of
such school or schools, identifying thereon each day of the school
year as an instructional day, a professional activity day or a school
holiday, and the board may, upon approval thereof by the Minister,
implement such school calendar.
(2) Where the Minister informs a board that he or she does not
approve the school calendar submitted under subsection (1), the
board may amend its proposed school calendar and submit to the
Minister a revised school calendar and, upon approval thereof by the
Minister, the board may implement the revised school calendar.
(3) Where a board has submitted a proposed school calendar
under subsection (1) and the Minister has not approved on or before
the 15th day of April such calendar or a revision thereof submitted
under subsection (2), the board shall, on or before the 1st day of
May, prepare, adopt and submit to the Minister a school calendar in
accordance with section 4. O. Reg. 822/82, s. 5.
6.— (1) Where in the opinion of the board it is desirable to alter
the date of a professional activity day or an examination day on a
school calendar that has been submitted under section 4 or subsec-
tion 5 (3) or approved and implemented under subsection 5 (1) or
(2), the board may alter the school calendar.
(2) Where, the board alters a school calendar under subsection
(1), the board shall notify the parents concerned and the Minister of
the altered date as far in advance as possible.
(3) The prior approval of the Minister is required for changes
other than to the date of a professional activity day or an examina-
tion day.
(4) Where,
422
Reg./Règl. 304
EDUCATION
Reg./Règl. 305
(a) a school or class is closed for a temporary period because of
failure of transportation arrangements, inclement weather,
fire, flood, a breakdown of the school heating plant or a
similar emergency, or a school is closed under the Health
Protection and Promotion Act or the Education Act; and
(b) the school calendar is not altered under subsection (1),
the day on which the school or class is closed remains an instructional
day or a professional activity day, as the case may be, as designated
on the school calendar applicable to such school or class. O. Reg.
822/82, s. 6.
7.— (1) Every board shall publish annually its school calendar or
school calendars and ensure that copies thereof are available at the
beginning of the school year for the information of parents and
pupils.
(2) A school calendar or school calendars published under sub-
section (1) shall, in addition to the information required to be listed
under subsection 4(1), indicate in a general manner the activities to
be conducted on professional activity days. O. Reg. 822/82, s. 7.
8. In each year, every board shall undertake an annual evaluation
of the activities of the professional activity days of the previous year
and retain such evaluations on file. O. Reg. 822/82, s. 8, revised.
9.— (1) A Remembrance Day service shall be held in every school
on the 1 1th day of November or, when the 1 1th day of November is a
Saturday or a Sunday, on the Friday preceding the 11th day of
November.
(2) Subsection (1) does not apply where the school participates in
a service of remembrance at a cenotaph or other location in the
community. O. Reg. 822/82, s. 9.
(3) Where a committee is engaged in identifying a pupil as an
exceptional pupil or in determining the recommended placement of
such a pupil, the committee shall obtain and consider an educational
assessment of the pupil and,
(a) where the committee determines that a health assessment
or a psychological assessment or both of the pupil are
required to enable the committee to make a correct identifi-
cation or determination in respect of the pupil and with the
written permission of the parent, obtain and consider a
health assessment of the pupil by a legally qualified medical
practitioner and obtain and consider a psychological assess-
ment of the pupil;
(b) where, in the opinion of the committee, it is practicable so
to do, the committee shall, with the consent of a parent of
the pupil, interview the pupil;
(c) unless the parent waives or refuses to participate in an
interview, the committee shall interview a parent of the
pupil; and
(d) the committee shall cause to be sent to a parent of the pupil
and to the principal who has made the referral, as soon as
possible after the making of its determination, a written
statement of,
(i) the identification it has made of the needs of the
pupil,
(ii) where, in the opinion of the committee the pupil is
an exceptional pupil, the recommendation made in
respect of the placement of the pupil, and
(iii) the date the committee proposes to notify the board
of its determination.
REGULATION 305
SPECIAL EDUCATION IDENTIFICATION
PLACEMENT AND REVIEW COMMITTEES
AND APPEALS
1. In this Regulation,
"Appeal Board" means a Special Education Appeal Board estab-
lished by a board under section 4;
"committee" means a Special Education Identification, Placement
and Review Committee established under this Regulation and
includes a Special Education Program Placement and Review
Committee heretofore established under the regulations that
meets the requirements of this Regulation for a Special Education
Identification, Placement and Review Committee;
"parent" includes a guardian of a pupil. O. Reg. 554/81, s. 1.
2.— (1) Where a board has established or establishes special edu-
cation programs or provides special education services for its excep-
tional pupils it shall establish in accordance with section 3 one or
more Special Education Identification, Placement and Review Com-
mittees and shall determine the jurisdiction that each such committee
shall have.
(2) A principal,
(a) may upon written notification to a parent of a pupil; or
(b) shall at the written request of a parent of a pupil,
refer the pupil to the committee or, having regard to the jurisdiction
of the committees where more than one committee has been estab-
lished, refer the pupil to the committee that the principal considers
to be the most appropriate in respect of the pupil.
(4) A parent of a pupil may, prior to the date set out in a state-
ment under subclause (3) (d) (iii) in respect of the pupil, upon writ-
ten notice to the principal, request in writing a meeting with the com-
mittee to discuss the statement and the committee shall arrange to
meet with the parent and the principal for such purpose.
(5) Each committee shall notify the director of education of the
board, or the secretary of the board where the board does not have a
director of education,
(a) on or after the date set by the committee as set out in the
statement; or
(b) after the discussion of the statement held under subsection
(4),
of the determination made by the committee as set out in the state-
ment and the change, if any, made in the determination as a conse-
quence of such discussion and shall send a copy of such notice to the
parent and the principal.
(6) A board may establish procedures in addition to the require-
ments set out in subsection (3) that shall be followed by a committee.
(7) Each board that has established one or more committees shall
prepare a guide for the use and information of parents that,
(a) describes the circumstances in which and the procedures
under which a pupil may be referred to a committee;
(b) outlines the procedures referred to in subsection (3) and
any additional procedures required by the board under sub-
section (6) that are required to be followed by a committee
in identifying a pupil as an exceptional pupil and determin-
ing the recommended placement of the pupil;
(c) explains the function of and the right to appeal determina-
tions of a committee to the Appeal Board; and
423
Reg./Règl. 305
EDUCATION
Reg./Règl. 305
(d) sets out the provisions of section 6 of this Regulation,
and shall ensure that copies thereof are available at each school
within the jurisdiction of the board and at the head office of the
board and shall provide copies for the appropriate Regional Director
of Education of the Ministry.
(8) Where a board provides schools or classes under Part XII of
the Act, the board shall ensure that the guide referred to in subsec-
tion (7) is available in the English or French language as the case
may be. O. Reg. 554/81, s. 2.
3.— (1) A committee shall consist of such number of members,
not fewer than three, as the board that establishes the committee
may determine, all of whom, subject to subsection (2), shall be
appointed by the board and one of whom shall be a supervisory offi-
cer or a principal employed by the board, except that where the
board does not employ a supervisory officer and employs only one
principal, one of such members shall be a person approved by the
appropriate Regional Director of Education.
(2) A supervisory officer referred to in subsection (1) may desig-
nate a person to act in his or her place as a member of the committee
without the approval of the board.
(3) A member or trustee of the board is not eligible to be
appointed as a member of a committee. O. Reg. 554/81, s. 3 (1-3).
(4) Where an identification, placement or review of a placement
under consideration by a committee is in respect of a secondary
school pupil admitted to secondary school from a separate school, or
in respect of a trainable retarded pupil of a divisional board whose
parent is a separate school supporter, the board that operates the
secondary school, or the divisional board, as the case may be, shall
advise the separate school board of the identification, placement or
review under consideration and when requested so to do by the sepa-
rate school board shall appoint as an additional member of the com-
mittee for the purpose only of such consideration,
(a) a supervisory officer or a principal of the separate school
board from among the supervisory officers and principals
designated for such purpose by the separate school board;
(b) a provincial supervisory officer or other person designated
by the Regional Director of Education for the region in
which the head office of the secondary school or divisional
board, as the case may be, is situate where the separate
school board has appointed only one principal and does not
employ a supervisory officer. O. Reg. 554/81, s. 3 (4),
revised.
(5) Where a board provides a school or class under Part XII of
the Act and is required to establish one or more committees under
section 2 of this Regulation, it shall establish one or more additional
committees,
(a) comprised of members who are French-speaking where
French is the language of instruction in such school or class;
or
(b) comprised of members who are English-speaking where
English is the language of instruction in such school or
class,
and where a pupil who is enrolled in such school or class is referred
to a committee and a parent of the pupil so requests, the committee
whose members are French-speaking or English-speaking, as the
case may be, shall consider the identification, the placement and any
review of the placement of the pupil. O. Reg. 554/81, s. 3 (5).
4.— (1) A parent of a pupil who disagrees with,
(a) the identification of the pupil as an exceptional pupil;
(b) the decision that the pupil is not an exceptional pupil; or
(c) the placement of the pupil as an exceptional pupil,
as determined by a committee, may give to the secretary of the board
within fifteen days of the discussion referred to in subsection 2 (4),
or in subsection 10 (3), as the case may be, a written notice of appeal
of the determination of the committee and the board shall within
thirty days of the receipt of the notice of appeal by the secretary
establish and, subject to subsections 7 (1) to (5), appoint the mem-
bers of an Appeal Board.
(2) Where the parent of a pupil gives notice of appeal under sub-
section (1), the notice shall indicate whether the disagreement with
the decision of the committee is in respect of the matter referred to
in clause (1) (a), (b) or (c) or in respect of both of the matters
referred to in clauses (1) (a) and (c), as the case may be, and shall
include a statement that sets out the parent's disagreement with the
decision. O. Reg. 554/81, s. 4.
5. An Appeal Board shall not reject or refuse to deal with an
appeal by reason of any actual or alleged deficiency in the statement
referred to in subsection 4 (2) or in the failure of the parent, in the
opinion of the Appeal Board, to accurately indicate in the notice of
appeal the subject of the disagreement, and where, during the meet-
ing referred to in subsection 7 (7), the true nature of the disagree-
ment and the reasons therefor are ascertained, the notice of appeal
shall be deemed to be amended accordingly and shall be so reported
to the secretary of the board under subsection 7 (10). O. Reg.
554/81, s. 5.
6.— (1) An exceptional pupil shall Hot be placed in a special edu-
cation program without the written consent of a parent of the pupil.
(2) Where a parent of an exceptional pupil,
(a) refuses or fails to consent to the placement recommended
by a committee and to give notice of appeal under section 4;
and
(b) has not instituted proceedings in respect of the determina-
tions of the committee within thirty days of the date of the
written statement prepared by the committee,
the board may direct the appropriate principal to place the excep-
tional pupil as recommended by the committee and to notify a parent
of the pupil of the action that has been taken. O. Reg. 554/81, s. 6.
7.— (1) A Special Education Appeal Board shall consist of three
members none of whom shall have had any prior involvement with
the matter under appeal.
(2) Where a pupil in respect of whom an appeal is brought under
section 4 is enrolled in a school or class established under Part XII of
the Act, a parent of the pupil may request that the appeal be con-
ducted before an Appeal Board comprised of members who are
French-speaking or English-speaking, as the case may be, and the
board shall ensure that the request is complied with by appointing
where necessary, a chair and members of the Appeal Board who are
French-speaking or English-speaking as required, and this subsection
applies even though the parent may not have requested that the iden-
tification, the placement or review of the placement of the pupil have
been conducted by members of a committee who were French-
speaking or English-speaking, as the case may be.
(3) The chair of the Appeal Board, who shall be designated as
such by the board, shall not be, or have been,
(a) a member or a trustee of the board; or
(b) an employee or former employee of the board.
(4) One member of the Appeal Board shall hold qualifications as
a supervisory officer.
424
Reg./Règl. 305
EDUCATION
Reg./Règl. 306
(5) Where an appeal is brought in respect of a pupil, one member
of the Appeal Board shall be,
(a) a member of a local association as defined in subsection
206 (1) of the Act that is designated by a parent of the
pupil;
(b) a representative of the local association referred to in clause
(a) who is resident in the area of jurisdiction of the board
and nominated by the local association; or
(c) where no local association referred to in clause (a) has been
established in the area of jurisdiction of the board, a mem-
ber of the local community nominated by a parent of the
pupil.
(6) Each board shall provide each Appeal Board with secretarial
and administrative services required by the Appeal Board.
(7) A chair of an Appeal Board shall forthwith arrange with a
parent of the pupil where an appeal is brought in respect of a pupil,
for a meeting with the Appeal Board at a convenient time and place
for a discussion of the disagreement of the parent with the determi-
nation of the committee and the relevant issues under appeal.
(8) Any person who in the opinion of an Appeal Board may be
able to contribute information with respect to the matters before the
Appeal Board shall be invited to attend the discussion and the dis-
cussion shall be conducted in an informal manner.
(9) Where in the opinion of an Appeal Board all the opinions,
views and information that bear upon the matters under appeal have
been presented to the Appeal Board, the Appeal Board shall
adjourn the discussion and within three days thereafter may,
(a) agree with the committee and dismiss the appeal;
(b) disagree with the committee and refer the matter back to
the committee stating the reasons for the disagreement; or
(c) where the Appeal Board is satisfied that a pupil in respect
of whom an appeal is brought is not in need of a special
education program or special education services, set aside
the determination of the committee that the pupil is an
exceptional pupil.
(10) An Appeal Board shall report its decision in writing to a par-
ent of a pupil in respect of whom an appeal is brought, the commit-
tee and the secretary of the board, with reasons therefor where
demanded.
(11) The board within thirty days after receiving the report
referred to in subsection (10) shall accept or reject such decision and
the secretary of the board shall notify in writing a parent of the pupil
and the committee of the decision of the board and in such notice
shall inform the parent of the provisions of section 37 of the Act.
(12) Each board shall, in accordance with its own policies, pay
the travelling and living expenses and other costs of the members of
the Appeal Board incurred while engaged on their duties as mem-
bers of the Appeal Board. O. Reg. 554/81, s. 7.
8.— (I) Where an exceptional pupil is placed by a committee,
(a) a committee shall review the placement of the pupil at least
once every twelve months or pursuant to an application
made under clause (b), whichever first occurs;
(b) a parent of the pupil or the principal of the school at which
the special education program is provided may, at any time
after the placement has been in effect for three months,
apply in writing to the chief executive officer of the board,
or to the secretary of the board where the board has no
chief executive officer, for a review by a committee of the
placement of the pupil; and
(c) the placement of the pupil shall not be changed by a com-
mittee without,
(i) prior notification in writing of the proposed change
in placement to a parent of the pupil,
(ii) a discussion of the proposed change in placement
between the committee and a parent of the pupil,
and
(iii) the consent in writing of a parent of the pupil.
(2) Subsection 6 (2) applies with necessary modifications to the
refusal or failure of a parent to consent to a recommended change in
placement under clause (I) (c). O. Reg. 554/81, s. 8.
9. A board that provides an exceptional pupil with a special edu-
cation program or services shall cause a parent or guardian of the
pupil to be advised in writing of the reviews, notices and discussions
referred to in section 8 that are to be provided in accordance with
this Regulation and the provisions of subsection 8 (2). O. Reg.
554/81, s. 9.
10.— (I) Where a committee is engaged in the review of a place-
ment of an exceptional pupil it shall,
(a) obtain and consider an educational assessment of the excep-
tional pupil; and
(b) consider on the basis of written reports, and other evidence
including the evidence of a parent of the exceptional pupil
whether the placement of the pupil appears to meet the
needs of the pupil.
(2) Where the committee is satisfied with the suitability of the
placement of an exceptional pupil it shall in writing confirm the
placement and so report to a parent of the exceptional pupil and to
the principal of the school where the exceptional pupil attends.
(3) If a parent of an exceptional pupil who is the subject of a
review so requests in writing, the committee shall within fifteen days
of the receipt of the request by the board meet with the parent to dis-
cuss the report. O. Reg. 554/81, s. 10.
11. A parent of an exceptional pupil who disagrees with a place-
ment or the refusal to change a placement recommended by a com-
mittee as a result of a review referred to in clause 8 (1) (a) may
appeal to an Appeal Board in accordance with section 4. O. Reg.
554/81, s. II.
12.— (I) A notice of appeal under section 4 acts as a stay of pro-
ceedings of a committee in relation to the placement of a pupil.
(2) For the purposes of this Regulation, where a statement,
report or notice is sent by mail it shall be sent by first class mail and it
shall be deemed to have been received by the person to whom it was
sent on the fifth day next following the date on which it was mailed.
(3) Where a parent of an exceptional pupil refuses in writing to
discuss the statement or report of a committee with the committee
and wishes to appeal to the Appeal Board, the discussion shall for
the purposes of section 4 be deemed to have been held on the day
such written refusal is received by the committee. O. Reg. 554/81,
s. 12.
REGULATION 306
SPECIAL EDUCATION PROGRAMS AND
SERVICES
1. A Special Education Program Placement and Review Commit-
tee heretofore established by a board under the regulations shall be
deemed to be a committee referred to in subparagraph iii of para-
425
Reg./Règl. 306
EDUCATION
Reg./Règl. 308
graph 5 of subsection 11 (1) of the Education Act for the purposes of
identifying exceptional pupils and making and reviewing placements
of exceptional pupils. O. Reg. 553/81, s. 1.
2.— (1) In this Regulation, "special education plan" means,
(a) in respect of the school year 1985-86, a plan in effect during
the school year prepared by a board that discloses the meth-
ods by which and the time within which the board will be in
compliance with paragraph 7 of section 170 of the Act; and
(b) in respect of a school year that commences in September in
the year 1986 or any year thereafter, a plan in effect during
the school year 1985-86 that is reviewed from year to year in
accordance with subsection (3).
(2) Every board shall maintain the special education plan in
respect of the board and ensure that the special education plan is
amended from time to time to meet the current needs of the excep-
tional pupils of the board.
(3) Every board shall ensure that the special education plan of
the board is reviewed annually by the board and that the review is
completed prior to the 15th day of May in each year.
(4) In any year where the special education plan is amended by
the board, the amendment shall be submitted to the Minister for
review on or before the 1 5th day of May in that year.
(5) The Minister may at any time require a board to amend its
special education plan in a manner that the Minister considers neces-
sary so as to ensure that the board provides special education pro-
grams and special education services that meet the current needs of
the exceptional pupils of the board. O. Reg. 77/86, s. 1.
3.— (1) Commencing with the school year 1986-87 and in every
second school year thereafter, every board shall, in accordance with
procedures provided by the Minister, prepare and approve a report
on the provision by the board of special education programs and spe-
cial education services.
(2) The report referred to in subsection (1) shall be submitted to
the Minister for review not later than the 15th day of May in the year
1987 and in every second year thereafter. O. Reg. 77/86, s. 2.
4.— (1) Every board shall ensure that the special education plan of
the board provides for the enrolment and placement of each train-
able retarded child who is,
(a) in attendance at a day nursery licensed under the Day Nur-
series Act that has a program for developmentally handi-
capped children; and
(b) qualified to be a resident pupil of the board.
(2) A copy of the provisions of the special education plan
referred to in subsection (1) shall be submitted to the Minister where
required by the Minister. O. Reg. 77/86, s. 3.
5.— (1) Every board shall ensure that the special education plan of
the board provides for the enrolment and placement of each person
under the age of twenty-one years who is qualified to be a resident
pupil of the board and who resides or is lodged within the area of
jurisdiction of the board in a centre, facility, home, hospital or insti-
tution, other than a private school, that is approved, designated,
established, licensed or registered under any Act, and in which no
education program is provided by the Ministry or the Ministry of
Correctional Services.
(2) Where the centre, facility, home, hospital or institution
referred to in subsection (1) is situate within the area of jurisdiction
of the board, the board shall make provision in its special education
plan for the enrolment and placement of each person under the age
of twenty-one years who.
(a)
is a resident in such centre, facility, home, hospital or insti-
tution; and
(b) would be qualified to be a resident pupil of the board if the
person's parent or guardian was also resident within the
area of jurisdiction of the board. O. Reg. 77/86, s. 4.
6. Every board shall ensure that the special education plan of the
board is maintained and reviewed in accordance with this Regulation
and implemented by the board in accordance with the terms of the
plan as to the dates by which and the extent to which special educa-
tion programs and special education services shall be established or
provided for its exceptional pupils. O. Reg. 77/86, s. 5, part.
REGULATION 307
SPECIAL GRANT
1. Subject to the approval of the Lieutenant Governor in Coun-
cil, the Minister may pay in any year, pursuant to a request from a
board, in addition to the grant payable under the General Legislative
Grants Regulation for such year, a special grant to such board where
the General Legislative Grant otherwise payable to the board has
placed or will place, in the opinion of the Minister, an undue burden
upon all the ratepayers or supporters of the board or upon such of
them as are assessed in a particular municipality or locality within the
area of jurisdiction of the board. R.R.O. 1980, Reg. 275, s. 1.
2. A board to which a special grant is paid in a year under section
1 is not precluded from applying for receiving a special grant in a
subsequent year. R.R.O. 1980, Reg. 275, s. 2.
3. The Minister, subject to the approval of the Lieutenant Gover-
nor in Council, shall prescribe the purpose to which a special grant
paid under this Regulation is to be applied, and the amount of such
special grant is recoverable in the year next following the year in
which it is made if it is not applied as prescribed. R.R.O. 1980,
Reg. 275, s. 3.
REGULATION 308
SUPERVISED ALTERNATIVE LEARNING
FOR EXCUSED PUPILS
1. In this Regulation,
"achievement report" means a written communication on the pro-
gress of a pupil between a parent of the pupil and the principal of
the school at which the pupil is enrolled or the principal of such
other school designated by a committee;
"approved work station" means the place of work approved by a
committee where the pupil is employed during school hours when
the pupil is excused from attendance at school either full-time or
part-time under subsection 3 (4);
"child" means a person of compulsory school age who has attained
the age of fourteen years;
"committee" means a Supervised Alternative Learning for Excused
Pupils Committee established under section 2;
"parent" includes a guardian;
"program" means a supervised alternative learning program in
respect of a pupil that is approved by a committee and that may
include one or more of,
(a) full-time or part-time employment at an approved work sta-
tion for such term or period of time as is fixed or deter-
mined under the program.
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(b) completion of a life-skills course, and
(c) such continuing studies or other activity directed towards
the pupil's needs and interests as may be acceptable to the
committee,
pursuant to which a pupil is excused from attendance at school
either full-time or part-time and by which regular contact with the
pupil is maintained by a teacher or other staff member who is
employed at or associated with the school where the pupil is
enrolled, or such other school as may be designated by the com-
mittee, to ensure that the pupil continues to conform to the pro-
gram;
"pupil" means a child for whom a program has been prescribed
under subsection 3 (4). O. Reg. 532/83, s. 1 .
2.— (1) A board shall establish a committee to be known as the
Supervised Alternative Learning for Excused Pupils Committee for
the purposes of this Regulation and designate the secretary of it.
(2) A committee shall be composed of such persons, not fewer
than three, as may be appointed by a board in each year, and a quo-
rum of a committee shall consist of,
(a) a member of the board;
(b) a supervisory officer who qualified as such as a teacher and
is employed by the board, or, where the board does not
employ a supervisory officer, the appropriate provincial
supervisory officer for the area in which the board has juris-
diction; and
(c) at least one person who is not an employee of the board in
addition to those referred to in clauses (a) and (b).
(3) A committee shall designate a member as chair.
(4) Where a committee considers that it is in the best interests of
a pupil, it may designate a school for the purposes of a program that
is not the school where the pupil is enrolled. O. Reg. 532/83, s. 2.
3.— (1) A parent of a child may apply in writing to the principal of
the school where the child is enrolled or has a right to attend to have
the child participate in a program and the parent shall state in the
application why he or she considers that the child should participate
in a program.
(2) Where an application is made under subsection (1), the prin-
cipal shall forthwith forward the application to the secretary of the
committee and a copy thereof to the school attendance counsellor,
and the committee shall consider the application and any oral or
written submission made by any person in support thereof or in
opposition thereto and may require the principal and any other
employee of the board to report to the committee upon the child in
respect of whom the application is made and to make recommenda-
tions in respect of the application.
(3) The parent of a child may examine the written reports and
recommendations, if any, in respect of the child made under subsec-
tion (2).
(4) The committee shall, after interviewing the child, his or her
parent and, where the committee considers it appropriate, any other
person,
(a) reject the application, in which case the child shall attend
school as required by subsection 21 (1) of the Act; or
(b) approve the application, in which case the committee shall
prescribe a program directed towards the child's needs and
interests.
and the secretary of the committee shall notify in writing the
princi-
pal, the school attendance counsellor, the child and the parent of the
decision of the committee. O. Reg. 532/83, s. 3.
4.— (1) Where the parent of a child disagrees with the determina-
tion of the committee to reject the application under clause 3 (4) (a)
and wishes to bring further relevant information to the attention of
the committee, or disagrees with the program prescribed by the com-
mittee and notifies the secretary in writing of the disagreement set-
ting out the reasons therefor, the committee may review the decision
with which the parent disagrees and, as the case requires, with or
without hearing the parent,
(a) approve the application and prescribe a program;
(b) confirm or alter the program; or
(c) refuse to review its determination or the program that it has
prescribed,
and the committee shall notify in writing the principal, the school
attendance counsellor, the child and the parent of the decisions it has
taken in respect of the notification given by the parent.
(2) A pupil shall conform to the program as prescribed for the
pupil by the committee under subsection 3 (4) or subsection (1) of
this section or as altered under subsection 6 (2), and the pupil is
excused from attendance at school so long as the pupil conforms to
the program.
(3) A pupil who is excused from attendance at school either full-
time or part-time as determined by the committee under subsection
3 (4) or subsection (1) of this section or as altered under subsection
6 (2), shall be recorded as a full-time pupil on the register of the
school in which the pupil is enrolled or of such other school as was
designated by the committee, until the pupil is no longer of compul-
sory school age. O. Reg. 532/83, s. 4.
5.— (1) Where the parent of a child disagrees with the determina-
tion of the committee to,
(a) reject the application under clause 3 (4) (a); or
(b) refuse to review its determination under clause 4(1) (c),
the parent may in writing notify the provincial school attendance
counsellor of his or her disagreement and the reasons therefor, and
the provincial school attendance counsellor may,
(c) inquire into the validity of the parent's request to have a
program prescribed for the child and recommend that the
child attend school as required by subsection 21 (1) of the
Act; or
(d) recommend, where he or she is satisfied that the child
should be excused from attendance at school under this
Regulation, that a program be prescribed for the pupil and
remit the application to the committee for reconsideration,
and a copy of the recommendation shall be delivered to the board,
the principal, the school attendance counsellor, the child and the
parent.
(2) Where the provincial school attendance counsellor remits an
application to the committee under clause (1) (d), the committee
shall reconsider the application. O. Reg. 532/83, s. 5.
6.— (1) Where a parent of a pupil or a pupil wishes to alter the
program prescribed for the pupil under subsection 3 (4) or 4 (1), the
parent may apply in writing to the secretary of the committee for
approval of such alteration by the committee.
(2) Where a parent applies under subsection (1) or where a
report is made under subsection 7 (2), the committee may, after dis-
cussion of the application or the report with the pupil and his or her
parent, alter the program prescribed for the pupil and shall notify in
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writing the principal, the school attendance counsellor, the pupil and
the parent of the decision of the committee. O. Reg. 532/83, s. 6.
7. — (1) The school attendance counsellor shall have the same
powers and shall perform the same duties in respect of a pupil as in
the case of a child who is not excused from attendance at school.
(2) The teacher or other staff member responsible for maintain-
ing regular contact with the pupil shall report to the committee when
requested by the committee, and the principal of the school where
the pupil is enrolled or of such other school as was designated by the
committee shall report to the parent whenever achievement reports
are issued by the principal.
(3) A school attendance counsellor of a board shall report as
required by the board to the appropriate supervisory officer of the
board who shall report to the provincial school attendance councellor
through the chief executive officer of the board on or before the 30th
day of September in each year on the number of pupils who under
this Regulation during the preceding school year,
(a) were excused from attendance at school;
(b) were required to attend school on a part-time basis only;
(c) returned to full-time attendance at school; and
(d) ceased to be excused from attendance under section 8.
(4) The parent of a pupil may examine a report in respect of the
pupil under subsection (2). O. Reg. 532/83, s. 7.
8. Where a pupil and his or her parent move from the area of
jurisdiction of the board under which the program is prescribed for
the pupil to the area of jurisdiction of another board, the pupil shall
be removed from the roll on which he or she was included under sub-
section 4 (3), and the board of which the pupil is then qualified to be
a resident pupil shall refer to its committee the question of whether
the pupil should be excused from attendance at a school operated by
it, and the committee shall make the determination in accordance
with subsections 3 (2) and (4) and may prescribe a program for the
pupil in accordance with subsection 3 (4), and for such purpose the
committee shall, where it has obtained the consent in writing of the
parent, have access to all reports, recommendations and submissions
made to the committee of the board that previously prescribed a pro-
gram for the pupil. O. Reg. 532/83, s. 8.
9. Where a pupil resides within the area of jurisdiction of the
board under which the program for the pupil is administered but
ceases to be a resident pupil of such board by reason of the parent of
the pupil ceasing to reside within the area of jurisdiction of the
board, the pupil shall continue in the program in accordance with
this Regulation without payment of a fee. O. Reg. 532/83, s. 9.
10. Where a pupil has ceased to reside within the area of jurisdic-
tion of the board under which the program for the pupil was pre-
scribed and the pupil is not qualified to be a resident pupil of the
board in whose area of jurisdiction he or she has taken up residence,
the pupil is not excused from attendance at school unless the pupil
continues to conform to the program that was prescribed for him or
her and, where the pupil continues to conform to the program the
pupil shall do so without the payment of a fee and shall remain
enrolled as a full-time pupil of the school where the pupil was
enrolled immediately before his or her change of residence and the
school attendance counsellor for the board that has jurisdiction in
the area in which the pupil resides shall give such assistance and co-
operation to the teacher or other staff member who makes the
reports to the committee under subsection 7 (2) as the committee
may require. O. Reg. 532/83, s. 10.
REGULATION 309
SUPERVISORY OFFICERS
PARTI
QUALIFICATIONS OF SUPERVISORY OFFICERS
1.— (1) In this Part,
"acceptable university degree" means a degree from an Ontario uni-
versity or post-secondary institution that is an ordinary member of
the Association of Universities and Colleges of Canada or a degree
that is equivalent thereto from a university other than such
Ontario university or post-secondary institution;
"architect" means a person who is an architect within the meaning of
the Architects Act;
"certified general accountant" means a member of the Certified
General Accountants Association of Ontario;
"certified management accountant" means a registered or certified
member of The Society of Management Accountants of Ontario;
"chartered accountant" means a member of The Institute of Char-
tered Accountants of Ontario;
"Principal's Certificate" means a permanent principal's certificate;
"professional engineer" means a person who is a professional engi-
neer within the meaning of the Professional Engineers Act;
"program in school board management" means two compulsory
graduate courses approved by the Minister that are offered by a
university, one of which is a course in school board finance and the
other in school board administration, and four optional graduate
courses approved by the Minister that are offered by a university
in education, public administration or political science;
"university" means,
(a) an Ontario university or post-secondary institution that is
an ordinary member of the Association of Universities and
Colleges of Canada,
(b) a Canadian university in a province other than Ontario that
is an ordinary member of the Association of Universities
and Colleges of Canada,
(c) a university in the United States that is recognized by,
(i) Middle States Association of Colleges and Schools,
(ii) New England Association of Schools and Colleges,
(iii) North Central Association of Colleges and Schools,
(iv) Northwest Association of Schools and Colleges,
(v) Southern Association of Colleges and Schools,
(vi) Western Association of Schools and Colleges, or
(d) a university that is located in a country other than Canada
or the United States and that is a member of the association
of Commonwealth Universities or the International Associ-
ation of Universities.
(2) A person who holds or who under this Regulation is deemed
to hold a Supervisory Officer's Certificate is, subject to subsection
6 (1), qualified as a supervisory officer for the purposes of the Act
and this Regulation.
(3) A person referred to in subsection 3 (4) who is employed by a
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board is qualified as a business supervisory officer for the purposes of
the Act and this Regulation for the period during which the person is
employed by the board in a position referred to in that subsection.
(4) For the purposes of this Regulation, a person who is the
holder of a Master's degree that is an acceptable university degree
and who successfully completes a graduate course, either as part of
or in addition to the courses necessary to obtain the degree, in each
of school board finance and school board administration at a univer-
sity shall be deemed to have completed a program in school board
management.
(5) For the purposes of this Regulation, a person who is the
holder of an acceptable university degree and who is a certified gen-
eral accountant, a certified management accountant or a chartered
accountant shall be deemed to be a person who has completed the
four optional graduate courses as part of a program in school board
management. O. Reg. 668/86, s. 1.
2.— (1) A |}erson who wishes to be a candidate for a Supervisory
Officer's Certificate or a Business Supervisory Officer's Certificate
shall apply to the Minister before the 1st day of November in a year,
to take, in the year next following, the written and oral examinations
approved by the Minister. O. Reg. 668/86, s. 2 (1), revised.
(2) A candidate for a Supervisory Officer's Certificate shall sub-
mit to the Minister with his or her application evidence that he or she
has seven years of successful experience as a teacher, at least two
years of which is in Ontario, and that he or she holds,
(a) an acceptable university degree,
(b) an Ontario Teacher's Certificate,
(c) a master's degree in education from a university, and
(d) one of,
(i) an Elementary School Principal's Certificate,
(ii) a Secondary School Principal's Certificate, Type A,
(ill) a Secondary School Principal's Certificate, Type B,
(iv) a Secondary School Principal's Certificate,
(v) a Program Supervision and Assessment qualification
as indicated on the candidate's Ontario Teacher's
Qualifications Record Card,
(vi) at least two years of successful experience as a
teacher appointed by a board for subject and pro-
gram supervision and coordination under section 17
of Regulation 298 of Revised Regulations of
Ontario, 1990, as certified by the appropriate super-
visory officer, or
(vii) at least two years of successful experience as an edu-
cation officer employed by the Ministry as certified
by the Regional Director of Education.
R.R.O. 1980, Reg. 276, s. 2 (2); O. Reg. 495/83, s. 1; O. Reg.
473/84, s. 1 (1); O. Reg. 668/86, s. 2 (2, 3), revised.
(3) A candidate for a Business Supervisory Officer's Certificate
under subsection (1) shall submit with the application evidence that
he or she,
(a) has completed a program in school board management;
(b) has seven years of experience in business administration;
and
(c) is.
(i) the holder of an acceptable university degree, or
(ii) an architect, certified general accountant, certified
management accountant, chartered accountant or
professional engineer. O. Reg. 668/86, s. 2 (4),
part.
(4) The examinations referred to in subsection (1) shall be held at
such times and places as the Minister determines and shall be based
on,
(a) Acts and regulations affecting the operation of schools and
school boards;
(b) the curriculum guidelines and other reference material per-
taining to elementary and secondary education in Ontario;
and
(c) theories and practices of supervision, administration, and
business organization that may be applicable to the effec-
tive operation of a school system. R.R.O. 1980, Reg. 276,
s. 2 (3); O. Reg. 473/84, s. 1 (2).
(5) Where a candidate obtains standing of at least 60 per cent on
each of the written and oral examinations referred to in subsection
(1), the Minister shall grant the candidate a Supervisory Officer's
Certificate or a Business Supervisory Officer's Certificate, as the case
requires. O. Reg. 668/86, s. 2 (5).
3.— (1) A supervisory officer responsible for the development,
implementation, operation and supervision of educational programs
in schools shall,
(a) hold the qualifications set out in subsection 2 (2) and a
Supervisory Officer's Certificate; or
(b) be a person who is deemed to hold a Supervisory Officer's
Certificate under section 4. R.R.O. 1980, Reg. 276,
s. 3 (1).
(2) A senior business official who,
(a) reports to a director of education;
(b) reports to an assistant director of education or associate
director of education; or
(c) is employed by a board that has an enrolment of more than
600 pupils and that does not employ a director of education,
shall, subject to subsections (4) and (5), be a person who holds, or
who under this Regulation is deemed to hold, a Business Supervisory
Officer's Certificate. R.R.O. 1980, Reg. 276, s. 3 (2); O. Reg.
668/86, s. 3 (1).
(3) A business official who,
(a) is assigned one or more of the duties of a supervisory offi-
cer;
(b) reports to a senior business official referred to in subsection
(2); and
(c) has been appointed to a position designated by a board as
superintendent, assistant superintendent, comptroller,
assistant comptroller, business administrator or assistant
business administrator or to a position that the board con-
siders equivalent thereto and that has been approved by the
Minister,
shall, subject to subsection (4), be a person who holds, or who under
this Regulation is deemed to hold, a Business Supervisory Officer's
Certificate. R.R.O. 1980. Reg. 276, s. 3 (3); O. Reg. 668/86,
s. 3 (2).
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(4) A board may appoint a person who does not hold or who
under this Regulation is not deemed to hold a Business Supervisory
Officer's Certificate as a senior business official referred to in subsec-
tion (2) or as a business official referred to in subsection (3) for a
term of not more than two years where the person,
(a) is an architect, certified general accountant, certified man-
agement accountant, chartered accountant or professional
engineer or the person is the holder of an acceptable uni-
versity degree; and
(b) has entered into an agreement in writing with the board
that sets out that the person will,
(i) within a period of time not to exceed two years,
complete a program in school board management,
and
(ii) make application at the first opportunity available
under subsection 2 (1) to be a candidate for a Busi-
ness Supervisory Officer's Certificate.
(5) Despite subsection (4), a board may employ a person for an
additional period of two years if the person continues to make pro-
gress towards obtaining the qualifications referred to in subclause
(4) (b) (i).
(6) A person who was appointed as a senior business official with
the approval of the Minister before the 1st day of October, 1986 and
whose agreement with the board is inconsistent with the require-
ments of subsection (4) may, by agreement with the board, amend
the agreement to be consistent with subsection (4). O. Reg. 668/86,
s. 3 (3).
4. A person who, prior to the 1st day of July 1974,
(a) held an Elementary School Inspector's Certificate, a Public
School Inspector's Certificate, a Secondary School Princi-
pal's Certificate, or a Secondary School Principal's Certifi-
cate, Type A; or
(b) served as a provincial inspector of secondary schools or a
municipal inspector of secondary schools.
is deemed to hold a Supervisory Officer's Certificate.
Reg. 276, s. 4.
R.R.O. 1980,
5.— (1) A person who was in the employ of a board on the 31st
day of August, 1975, in a position referred to in subsection 3 (2) or
(3), is deemed to hold a Supervisor Officer's Certificate.
(2) A person employed in the Ministry on the 31st day of August,
1975, in a position that the Minister considers similar to one of those
referred to in subsection 3 (2) or (3) is deemed to hold a Supervisory
Officer's Certificate. R.R.O. 1980, Reg. 276, s. 5.
6.— (1) A person who,
(a) holds a Supervisory Officer's Certificate and who has sub-
mitted evidence of experience other than experience as a
teacher to the Minister under subsection 2 (2);
(b) is deemed to hold a Supervisory Officer's Certificate under
section 5; or
(c) holds a Business Supervisory Officer's Certificate,
is qualified as a supervisory officer under this Regulation for business
administration purposes only.
(2) A supervisory officer other than a supervisory officer referred
to in subsection (1) who, on the 30th day of September, 1986, was
performing the duties,
(a) of a senior business official referred to in clause 3 (2) (c)
and who reports as referred to in clauses 3 (2) (a) and (b);
or
(b) of a business official referred to in clause 3 (3) (c) who
reports to a senior business official referred to in subsection
3(2),
is deemed to hold a Business Supervisory Officer's Certificate.
O. Reg. 668/86, s. 4.
PART II
TRANSFER AND DISMISSAL
7.— (1) In this section, "redundant" in respect of the position of a
supervisory officer means no longer required to be filled by reason
of,
(a) the implementation by a board of a long range organiza-
tional plan of operation in respect of schools or of supervi-
sory services that eliminates the position or merges it with
another position;
(b) a reduction in the number of classes or in the business func-
tions of the board for which supervision is required; or
(c) a change in duties or requirements placed upon boards by
or under any Act that renders a supervisory service unnec-
essary or reduces the need for such service.
(2) Where a board declares the position of a supervisory officer
redundant, the board shall,
(a) give the supervisory officer at least three months' notice in
writing that the position has been declared redundant;
(b) transfer the supervisory officer to a position for which he or
she is qualified, with supervisory and administrative respon-
sibilities as similar as possible to those of his or her previous
position; and
(c) pay the supervisory officer for at least one year following
the date of the transfer with no reduction in his or her rate
of salary. R.R.O. 1980, Reg. 276, s. 6.
8. Where a board considers that a supervisory officer has
neglected his or her duty or is guilty of misconduct or inefficiency,
the board shall cause notice to be given in writing to the supervisory
officer stating the alleged neglect, misconduct or inefficiency and
requiring that he or she appear before a committee of the board, on
a specified date not less than six months from the date of the notice,
to review his or her performance. R.R.O. 1980, Reg. 276, s. 7.
9.— (1) Where the committee referred to in section 8 reports to
the board that the work of the supervisory officer is so unsatisfactory
as to constitute grounds for dismissal under section 287 of the Act,
the board shall meet in committee of the whole board to consider the
matter and, where with the approval of at least two-thirds of the
members of the board such committee determines to forward to the
board a recommendation of dismissal, such recommendation shall
include the reasons therefor, and the chair of the committee shall
send a copy of the recommendation to the supervisory officer and
shall advise the person in writing that he or she is entitled to a hear-
ing, to which Part I of the Statutory Powers Procedure Act, except
subsection 9 (1) thereof, shall apply, such hearing to be before the
committee of the whole board, and that, if the person does not
request a hearing within fifteen days after the date of the advice, he
or she shall be considered to have waived the hearing.
(2) Where the supervisory officer requests a hearing, the board
shall designate a person to be a party to the proceedings to represent
the board at the hearing and shall forthwith communicate the name
and address of the person so designated to the supervisory officer.
R.R.O. 1980, Reg. 276, s. 8.
10.— (1) After the hearing or after the supervisory officer has
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Reg./Règl. 310
waived the hearing referred to in section 9, the committee of the
whole board shall either withdraw its recommendation of dismissal
or, where at least two-thirds of the members of the board approve
the recommendation of dismissal, forward it to the board through
the chair of the board.
(2) Upon receipt of the recommendation of dismissal, the board
shall vote upon it and, where at least two-thirds of the members of
the board approve the recommendation, the supervisory officer is
dismissed. R.R.O. 1980, Reg. 276, s. 9.
11. Where a supervisory officer is dismissed in accordance with
section 10, the board shall pay the person a severance allowance
equal to the salary to which he or she would have been entitled for
the remainder of the school year or for six months, whichever is the
greater. R.R.O. 1980, Reg. 276, s. 10.
12. Where a supervisory officer is charged with an offence against
the laws of Canada or Ontario in respect of conduct that the board
believes constitutes grounds for suspension under section 287 of the
Act, the board may suspend the supervisory officer from any or all of
his duties and shall continue to pay the person his or her salary until
a court has finally decided the case and the time for making an
appeal has passed. R.R.O. 1980, Reg. 276, s. 11.
13. Where a supervisory officer is convicted of an offence against
the laws of Canada or Ontario in respect of conduct that the board
believes constitutes grounds for dismissal under section 287 of the
Act, the board shall cause notice to be given in writing to the super-
visory officer that it proposes to dismiss him or her and such notice
shall include the reasons for the proposed dismissal and shall advise
the supervisory officer that he or she is entitled to a hearing to which
Part 1 of the Statutory Powers Procedure Act , except subsection 9(1)
thereof, shall apply, such hearing to be before the committee of the
whole board, and that if the person does not request a hearing within
fifteen days after the date of the notice, he or she shall be considered
to have waived the hearing. R.R.O. 1980, Reg. 276, s. 12.
14.— (1) After the hearing or after the supervisory officer has
waived the hearing referred to in section 13, the board shall meet in
committee of the whole board and, where at least two-thirds of the
members of the board approve, forward a recommendation for dis-
missal to the board through the chair of the board.
(2) Upon receipt of the recommendation of dismissal, the board
shall vote upon it and, where at least two-thirds of the members of
the board approve the recommendation, the supervisory officer is
dismissed. R.R.O. 1980, Reg. 276, s. 1.3.
15. Where a supervisory officer is dismissed in accordance with
section 14 and is paid a severance allowance, such allowance shall
not exceed the severance allowance set out in section 11. R.R.O.
1980, Reg. 276, s. 14.
REGULATION 310
TEACHERS' CONTRACTS
Form of Contracts
1.— (1) Every contract between a board and a permanent teacher
shall be in Form 1.
(2) Every contract between a board and a probationary teacher
shall be in Form 2. R.R.O. 1980, Reg. 277, s. 1.
(3) Except where otherwise provided under subsection 259 (5) or
(6) of the Act, every contract between a board and a continuing edu-
cation teacher shall be in Form 3. O. Reg. 153/89, s. 1.
Payment of Salaries
2.— (1) Subject to subsection (4), a board shall pay the salary of a
teacher under contract in Form 1 or Form 2 in the number of pay-
ments set out in the contract.
(2) Subject to subsection (4), a board shall pay the salary of a
teacher under contract in Form 3 in the number of payments or on
the dates set out in the contract.
(3) In the case of a contract in Form 1 or Form 2, the contract
shall provide for not fewer than ten salary payments. O. Reg.
153/89, s. 2.
(4) Where during the term of a contract between a board and a
teacher the salary of the teacher is changed by mutual agreement in
writing between the board and the teacher, the contract shall be
deemed to be varied accordingly. R.R.O. 1980, Reg. 277, s. 2 (2).
Form 1
Education Act
PERMANENT TEACHER'S CONTRACT
This Agreement made in duplicate this day
of , 19 .between
hereinafter called the "Board" and of
(
( the of in the County
(
( (or as the case may be) of
(
hereinafter called the "Teacher".
1. The Board agrees to employ the Teacher as a permanent
teacher and the Teacher agrees to teach for the Board commencing
the day of , 19 at a yearly salary of
Dollars, subject to any changes in salary mutually agreed
upon by the Teacher and the Board, payable in
(not fewer than ten)
payments, less any lawful deduction, in the following manner:
i. Where there are ten payments, one-tenth on or before the
last teaching day of each teaching month.
ii. Where there are more than ten payments, at least one-
twelfth on or before the last teaching day of each teaching
month, any unpaid balance being payable on or before the
last teaching day of June, or at the time of leaving the
employ of the Board, whichever is the earlier.
2. This Agreement is subject to the Teacher's continuing to hold
qualifications in accordance with the Acts and the regulations admin-
istered by the Minister.
3. The Teacher agrees to be diligent and faithful in his or her
duties during the period of employment, and to perform such duties
and teach such subjects as the Board may assign under the Acts and
the regulations administered by the Minister.
4. Where the Teacher attends an educational conference for which
the school has been legally closed and his or her attendance at it is
certified by the supervisory officer concerned or by the chair of the
conference, the Board agrees to make no deductions from the
Teacher's salary for his or her absence during that attendance.
5. Where an Act of Ontario or a regulation thereunder authorizes
the Teacher to be absent from school without loss of pay, the Board
agrees that no deduction from his or her pay will be made for the
period of absence so authorized.
6. This Agreement may be terminated.
431
Reg./Règl. 310
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Reg./Règl. 310
(a) at any time by the mutual consent in writing of the Teacher
and the Board;
(b) on the 31st day of December in any year of the Teacher's
employment by either party giving written notice to the
other on or before the last preceding 30th day of Novem-
ber; or
(c) on the 31st day of August in any year of the Teacher's
employment by either party giving written notice to the
other on or before the last preceding 31st day of May.
7. The Teacher agrees with the Board that if the Teacher enters
into an agreement with another board he or she will within forty-
eight hours notify the Board in writing of the termination of this
Agreement unless the notice has already been given.
8. Where the Teacher is to be transferred by the Board from a
school in one municipality to a school in another municipality, the
Board agrees to notify the Teacher in writing on or before the 1st day
of May immediately prior to the school year for which the transfer is
effective, but nothing in this paragraph prevents the transfer of a
teacher at any time by mutual consent of the Board and the Teacher.
9. This Agreement shall remain in force until terminated in accor-
dance with any Act administered by the Minister or the regulations
thereunder.
In witness whereof the Teacher has signed and the Board has
affixed hereto its corporate seal attested by its proper officers in that
behalf.
(signature of Chair of the Board)
(signature of Secretary of the Board)
(signature of Teacher)
R.R.O. 1980, Reg. 277, Form 1.
Form 2
Education Act
PROBATIONARY TEACHER'S CONTRACT
This Agreement made in duplicate this day
of 19 , between
hereinafter called the "Board" and of
( ■ )
( the of in the County )
( )
( (or as the case may be) of )
( )
hereinafter called the "Teacher".
1. The Board agrees to employ the Teacher as a probationary
teacher for a probationary period of years and the Teacher
agrees to teach for the Board commencing the day of ,
19 at a yearly salary of Dollars, subject to any changes
in salary mutually agreed upon by the Teacher and the Board,
payable in
(not fewer than ten)
payments, less any lawful deduction, in the following manner:
i. Where there are ten payments, one-tenth on or before the
last teaching day of each teaching month.
Where there are more than ten payments, at least one-
twelfth on or before the last teaching day of each teaching
month, any unpaid balance being payable on or before the
last teaching day of June, or at the time of leaving the
employ of the Board, whichever is the earlier.
2. This Agreement is subject to the Teacher's continuing to hold
qualifications in accordance with the Acts and regulations adminis-
tered by the Minister.
3. The Teacher agrees to be diligent and faithful in his or her
duties during the period of employment, and to perform such duties
and teach such subjects as the Board may assign under the Acts and
regulations administered by the Minister.
4. Where the Teacher attends an educational conference for which
the school has been legally closed and his or her attendance at it is
certified by the supervisory officer concerned or by the chair of the
conference, the Board agrees to make no deductions from the
Teacher's salary for his or her absence during that attendance.
5. Where an Act of Ontario or a regulation thereunder authorizes
the Teacher to be absent from school without loss of pay, the Board
agrees that no deduction from his or her pay will be made for the
period of absence so authorized.
6. Despite anything in this contract this Agreement may be termi-
nated.
(a) at any time by the mutual consent in writing of the Teacher
and the Board;
(b) on the 31st day of December in any year of the Teacher's
employment by either party giving written notice to the
other on or before the last preceding 30th day of Novem-
ber; or
(c) on the 31st day of August in any year of the Teacher's
employment by either party giving written notice to the
other on or before the last preceding 31st day of May.
7. The Teacher agrees with the Board that if the Teacher enters
into an agreement with another board he or she will within forty-
eight hours notify the Board in writing of the termination of this
Agreement unless the notice has already been given.
8. Where this Agreement is not terminated under paragraph 6 at
the conclusion of the probationaty period in paragraph 1, the
Teacher is deemed to be employed as a permanent teacher by the
Board.
In Witness whereof the Teacher has signed and the Board has
affixed hereto its corporate seal attested by its proper officers in that
behalf.
(signature of Chair of the Board)
(signature of Secretary of the Board)
(signature of Teacher)
R.R.O. 1980, Reg. 277, Form 2.
432
Reg./Règl. 310
EDUCATION
Reg./Règl. 311
1
Form 3
Education Act
CONTINUING EDUCATION TEACHER'S CONTRACT
This Agreement made in duplicate this
day of ,19 ,
between hereinafter
called the "Board" and of
(the of in the county)
((or as the case may be) of )
hereinafter called the "Teacher".
1. For the session commencing on the
day of ,19 ,
and ending on the day
of ,19 ,
the Board agrees to employ the Teacher as a continuing education
teacher and the Teacher agrees to teach for the Board as a continu-
ing education teacher at a salary of
$
(specify amount per hour or per session)
2. The salary specified in paragraph 1, subject to any changes in
salary mutually agreed upon by the Teacher and the Board, is
reduced by any lawful deductions and is payable as follows:
(specify number of payments or dates of payment)
3. This Agreement is subject to the Teacher continuing to hold
qualifications in accordance with the Acts and the regulations admin-
istered by the Minister.
4. During the session specified in paragraph 1, the Teacher agrees
to perform such duties as the Board may assign under the Acts and
the regulations administered by the Minister and to be diligent and
faithful in the performance of the Teacher's duties.
5. Despite anything in this contract, this Agreement may be termi-
nated prior to the end of the session mentioned in paragraph 1,
(a) at any time by mutual consent in writing of the Teacher and
the Board;
(b) if the Teacher has entered upon the teaching duties referred
to in paragraph 4, at any time by either party giving written
notice to the other not less than forty-eight hours before the
date of termination specified in the notice; or
(c) by the Board at any time without advance notice to the
Teacher where, before the commencement of the course or
class or teaching in the subject, the Board has resolved not
to offer the course, class or subject in the session mentioned
in paragraph 1.
In Witness Whereof the Teacher has signed and the Board has
affixed hereto its corporate seal attested by its proper officers.
(signature of Teacher)
O. Reg. 153/89, s. 3.
REGULATION 311
TERRITORY WITHOUT MUNICIPAL
ORGANIZATION ATTACHED TO A
DISTRICT MUNICIPALITY
1.— (1) Those portions of the territory without municipal organi-
zation situate in the Territorial District of Thunder Bay being,
(a) the geographic townships of Atikameg, Bomby, Brothers,
Bryant, Cecil, Cécile, Davies, Flood, Foote, Grenville,
Herbert, Knowles, Laberge, McCron, McGill, Mikano,
Nickle, Roberta, Shabotik and Spooner; and
(b) all lands in unsurveyed territory within an area the bound-
ary sides of which are as follows:
1. On the east side, the easterly boundary of the Territorial
District of Thunder Bay.
2. On the south side, the International Boundary.
3. On the west side, the line described as commencing at the
point of intersection of the 86th Meridian and the Interna-
tional Boundary, extending northerly along the said Merid-
ian until it meets the 48th Parallel, then easterly along the
said Parallel until it meets the high water mark on the
shoreline of the geographic Township of Homer, then
southerly and southeasterly along the said high water mark
to the intersection of the easterly boundary of the geo-
graphic Township of Homer, then northerly along the said
easterly boundary of the geographic Township of Homer to
the intersection of the boundary of Pukaskwa National
Park, then northeasterly and along the boundary of the said
National Park to the northerly boundary of the said
National Park, thence westerly along the said northerly
boundary to the point of intersection thereof with the 86th
Meridian, then northerly along the said Meridian until it
meets the southerly boundary of the geographic Township
of Lecours to the southwest angle of the geographic Town-
ship of Bomby, then northerly along the said westerly
boundary of the geographic Township of Bomby to the
northwest angle of the said Township, then westerly along
the northerly boundary of the geographic Township of Lec-
ours to the point of intersection with the 86th Meridian,
then northerly along the said Meridian until it meets the
southerly boundary of the geographic Township of Gren-
ville, then westerly along the southerly boundary of the
geographic Township of Grenville to the southwest angle
thereof, then northerly along the westerly boundary of the
geographic townships of Grenville and Davies to the north-
west angle of the geographic Township of Davies.
4. On the north side, the line formed by the northerly bound-
ary of the Township of Manitouwadge and the extension
westerly of the northerly boundary of the Township of
Manitouwadge to the northwest angle of the geographic
Township of Davies and the extension easterly of the north-
erly boundary of the Township of Manitouwadge along the
northerly boundary of the geographic townships of Nickle,
Herbert and Foote to the easterly boundary of the District
of Thunder Bay,
are attached to the Township of Manitouwadge.
(2) Those portions of the territory without municipal organiza-
tion situate in the Territorial District of Thunder Bay being.
433
Reg./Règl.311
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Reg./Règl. 312
(a) the geographic Township of Pic not included in former
school section No. 1. Pic; and
(b) the geographic Township of Coldwell not included in for-
mer school section No. 1. Port Coldwell,
(7) Those portions of the territory without municipal organiza-
tion situate in the Territorial District of Thunder Bay being,
(a) the geographic townships of Killraine, Priske, Wiggins and
Yesno; and
are attached to the Town of Marathon.
(3) Those portions of Territory without municipal organization
situate in the Territorial District of Thunder Bay being,
(a) the geographic townships of Byron, Cotte, Grain, Homer,
Lecours and O'Neill; and
(b) all lands in unsurveyed territory within an area the bound-
ary sides of which are described as follows:
1. On the east side, the line described in paragraph 3 of clause
(1) (b).
2. On the south side, the International Boundary.
3. On the west side, the Meridian 86° 30'.
4. On the north side, the line formed by the projection west-
erly of the northerly boundary of the geographic Township
of Davies until it meets the Meridian 86° 30',
are attached to the Town of Marathon.
(b) all lands in unsurveyed territory, exclusive of St. Ignace
Island, within an area the boundary sides of which are
described as follows:
1. On the east side, the line described in paragraph 3 of clause
(5) (b).
2. On the south side, the International Boundary.
3. On the west side, a line that is the extension southerly to
the International Boundary of the westerly limit of the geo-
graphic Township of Wiggins, the said westerly limit of the
said geographic Township of Wiggins and the line that is the
projection northerly of the said westerly limit of the geo-
graphic Township of Wiggins to the point of intersection of
a line that is the projection westerly of the northerly limit of
the geographic Township of Davies.
4. On the north side, a line that is the projection westerly of
the northerly limit of the geographic "Township of Davies,
are attached to the Township of Schreiber. O. Reg. 691/85, s. 1.
(4) The portion of the territory without municipal organization
comprising the geographic Township of Syine not included in the for-
mer school section No. 1. Jackfish is attached to the Township of
Terrace Bay.
(5) Those portions of the territory without municipal organiza-
tion situate in the Territorial District of Thunder Bay being,
(a) the geographic townships of Strey, Tuuri and Walsh;
(b) all lands in unsurveyed territory within an area the bound-
ary sides of which are described as follows:
1 . On the east side, the Meridian 86° 30' .
2. On the south side, the International Boundary.
3. On the west side, the line described as commencing at the
intersection of the southeast angle of the Township of Ter-
race Bay and the International Boundary, then northerly
along the easterly limit of the Township of Terrace Bay to
the northeast angle thereof, then westerly along the north-
erly boundary of the Township of Terrace Bay to the point
of intersection thereon of the easterly limit of the geo-
graphic Township of Strey, then continuing along the north-
erly limit of the Township of Terrace Bay and the southerly
limit of the geographic Township of Strey to the southwest
angle of the geographic Township of Strey, then northerly
along the westerly limit of the geographic Township of
Strey and its projection northerly parallel to the 87th
Meridian to the point of intersection with a line that is the
projection westerly of the northerly limit of the geographic
Township of Davies.
4. On the north side, a line that is the projection westerly of
the northerly limit of the geographic Township of Davies,
are attached to the Township of Terrace Bay.
(6) The portion of territory without municipal organization com-
prising the geographic Township of Lahontan not included in former
school section No. 1. Rossport is attached to the Township of
Schreiber.
REGULATION 312
TRAINING ASSISTANCE
1.— (1) For the purposes of subsection 135 (16) of the Act, during
the period of twenty months commencing on the date upon which the
transfer of employment of the designated person becomes effective
under subsection 1 35 ( 1 1 ) of the Act, where the retraining of the des-
ignated person requires the attendance of the person at an educa-
tional institution in Ontario other than a school operated by the
Roman Catholic school board to which the teaching contract,
employment contract or employment relationship of the person is
transferred, the following, subject to subsections (2), (3), (4) and
(5), is prescribed as training assistance:
training assistance = x -I- y
where x = the cost of,
(a) tuition at the institution;
(b) educational material required or recommended for
the designated person by the institution; and
(c) incidental expenses incurred by the designated per-
son that are payable to the institution as a result of
enrolment and attendance at the institution.
y = where the campus of the institution that the designated per-
son attends or the place at which the designated person is
required to attend to obtain practical experience that is part
of the program of the institution in which the designated
person is enrolled is situate,
(a) in a municipality other than the municipality in
which the designated person resides or a municipal-
ity adjoining the municipality or locality in which the
designated person resides; and
(b) more than eight kilometres further by road or rail
than the distance by road or rail from the residence
of the designated person to the place at which the
designated person was required to perform services
434
Reg./Règl.312
EDUCATION
Reg./Règl. 313
for the public board immediately prior to being des-
ignated under section 135 of the Act,
an amount,
(c) where the designated person travels daily to the cam-
pus or the place, that does not exceed $75 per day
for each day that the designated person is in atten-
dance at the campus or place, in respect of,
(i) the actual cost of daily transportation to and
from the residence of the designated person
or the cost of daily transportation calculated
at a rate per kilometre determined by the
Roman Catholic school board, and
(ii) the actual cost of meals or the cost of meals
calculated at the rate that the Roman Catho-
lic school board ordinarily pays for employees
who are engaged in performing duties for the
board; or
(d) where daily transportation to and from the residence
of the designated person is impracticable by reason
of distance or the lack of suitable transportation, of
$450 per week for each week or part thereof that the
designated person is in attendance at the campus or
place, in respect of,
(i) the cost of board and lodging in the munici-
pality in which the campus or place is situate,
and
(ii) the actual cost of transportation once a week
to and from the lodging and the residence of
. the designated person or the cost of transpor-
tation once a week calculated at a rate per
kilometre determined by the Roman Catholic
school board,
and reimbursement for all necessary living and
household expenses of an extraordinary nature in
respect of the maintenance and support of depend-
ants of the designated person incurred during the
period of the board and lodging as a direct result of
the designated person finding it necessary to obtain
the board and lodging.
(2) A Roman Catholic school board that enters into a collective
agreement that covers the designated person and that provides for
the payment of an amount in respect of retraining during the period
referred to in subsection (1) that exceeds the maximum amount of
$75 per day or the $450 per week set out in subsection (1) or the
$10,000 set out in subsection (4) shall pay the amount set out in the
collective agreement and not the amount set out in subsection (1) or
(4), as the case may be.
(3) The amount determined under subsection (1) shall be
reduced by the net amount after taxes and employment related
deductions of remuneration earned by the designated person as a
result of obtaining practical experience as part of the retraining pro-
gram or otherwise taking part in the retraining program.
(4) The maximum amount that is required to be paid under sub-
section (1) for training assistance for a designated person is $10,000
in addition to the salary and benefits to which the designated person
is entitled under section 135 of the Act.
(5) Where the amount calculated under subsection (1) exceeds
$10,000, the Roman Catholic school board may pay the total amount
calculated in respect of x under subsection (1) and apply the balance,
if any, to the amount calculated in respect of y under subsection (1)
or the converse as is agreed upon by the board and the designated
person. O. Reg. 705/87, s. 1.
REGULATION 313
TRUSTEE DISTRIBUTION
1. In this Regulation, "major part" means, with respect to a
county or regional municipality, an area in the county or regional
municipality that is larger than 50 per cent of the geographic area of
the county or regional municipality. O. Reg. 384/88, s. 1 .
2.— (1) Subject to subsections (2), (3) and (4), a determination
and a distribution under Part VIII of the Act with respect to a board
shall be made by the clerks of the three municipalities within the area
of jurisdiction of the board having successively the greatest popula-
tion.
(2) Where the area of jurisdiction of a board comprises fewer
than three municipalities, the clerk of the municipality having the
largest population, in consultation with the clerk of the other munici-
pality, where applicable, shall make a determination and a distribu-
tion.
(3) Where the area of jurisdiction of a board is composed, wholly
or partly, of all or the major part of two or more counties, a determi-
nation and a distribution shall be made by the clerk of the municipal-
ity in each county having the largest population, and where there are
fewer than three counties in the area of jurisdiction of the board, by
the clerk of the municipality, in the area of jurisdiction of the board,
having successively the next largest population.
(4) Where the area of jurisdiction of a board comprises a county
or the major part of a county and a regional municipality or the
major part of a regional municipality, a determination and a distribu-
tion shall be made by the clerk of the municipality having the largest
population in the county and the clerk of the municipality having the
largest population in the regional municipality and the clerk of the
municipality, in the area of jurisdiction of the board, having succes-
sively the next largest population.
(5) The director of education of a board shall take the necessary
steps to convene a meeting of the persons required to make the
determination and distribution for the board and shall be consulted
during the process of making a determination of or a distribution for
the members of the board.
(6) A determination and a distribution shall be made within ten
days of receipt of the enumeration list from the assessment commis-
sioner and, in any case, shall be made not later than the 10th day of
August in the year of a regular election under the Municipal Elec-
tions Ac l.
(7) On or before the tenth day after the receipt of the enumera-
tion list from the assessment commissioner and, in any case, not later
than the 10th day of August in the year of a regular election under
the Municipal Elections Act, the clerk of the municipality having the
largest population shall send by registered mail a copy of the deter-
mination and the distributions for a board to the Minister, the secre-
tary of the board and the clerks of all municipalities, including a
regional municipality, and counties that are all or partly within the
area of jurisdiction of the board.
(8) Where the members of a board who represent an electoral
group direct that an alternative distribution be made, the distribution
shall be made on or before the twenty-fifth day after the receipt of
the enumeration list from the assessment commissioner and, in any
case, not later than the 25th day of August.
(9) On or before the twenty-fifth day after the receipt of the enu-
meration list from the assessment commissioner and, in any case, not
later than the 25th day of August in the year of a regular election
under the Municipal Elections Act, the clerk of the municipality hav-
ing the largest population shall send by registered mail a copy of the
alternative distribution for an electoral group of a board to the Min-
ister, the secretary of the board and the clerks of all municipalties,
including a regional municipality, and counties that are all or partly
within the area of jurisdiction of the board.
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EDUCATION
Reg./Règl.313
(10) Where a municipality is divided into electoral areas for the
election of board members, other than electoral areas established
under section 315 of the Act, and the clerk of the municipality is not
a person prescribed to make a distribution, the clerk may make rec-
ommendations on the distribution to be made to electoral areas
within the municipality.
(11) The clerk of a county may make recommendations on com-
bining municipalities within the county for the election of members
of a board. O. Reg. 384/88, s. 2 (1-1 1).
(12) In addition to the copies required to be sent under subsec-
tion (7), the clerk shall include a reference to the motion in the
minutes of the board that authorizes an increase or decrease in the
number of members by one or two, where applicable, and the data
and calculations by which the determination and distributions were
made.
(13) In addition to the copies required to be sent under subsec-
tion (9), the clerk shall include the reference to the motions in the
minutes of the board that authorize the alternative distribution and
the data and the calculations by which the alternative distribution
was made. O. Reg. 384/88, s. 2 (16, 17).
3.— (1) Where two or more municipalities are combined for the
election of one or more members, the nominations shall be submit-
ted to the returning officer of the municipality, in the combination of
municipalities that has the greatest population.
(2) Where all or part of two or more municipalities are included
in an electoral area established under section 315 of the Act, the
nominations shall be submitted to the returning officer of the munici-
pality that has the greatest population.
(3) The returning officer who conducts the nominations shall
send, by registered mail within forty-eight hours after the closing of
nominations, to the clerk of each municipality that is included in the
combination of municipalities or that is situated all or partly within
the electoral area, as the case may be, the names of the candidates
who have qualified.
(4) The clerk of a municipality shall be the returning officer for
the vote to be recorded in the municipality.
(5) The clerk of a municipality shall report the vote recorded to
the returning officer to whom nominations were submitted under
subsection (1) or (2) and the returning officer shall prepare the final
summary and announce the result of the vote.
(6) For the purposes of this section, the secretary of a board shall
be the clerk of each part of territory without municipal organization
that is deemed a district municipality in the area of jurisdiction of the
board.
(7) In this section, "municipality" includes territory without
municipal organization that is deemed to be a district municipality
under subsection 53 (3) of the Act. O. Reg. 384/88, s. 3.
436
Reg./Règl. 314
Reg./Règl. 314
Elderly Persons Centres Act
Loi sur les centres pour personnes âgées
REGULATION 314
GENERAL
1. In this Regulation,
"architect" means an architect who is a member in good standing of
the Ontario Association of Architects;
"fiscal year", of a corporation, means the period designated by the
Minister as the fiscal year of the corporation;
"professional engineer" means a professional engineer who is a
member in good standing of the Association of Professional Engi-
neers of the Province of Ontario. R.R.O. 1980, Reg. 278, s. 1.
2. A municipality or an approved corporation that applies for or
receives a grant under section 4 or 5 of the Act shall, if requested by
the Minister, file with the Minister evidence that all or any part of a
building or buildings used or to be used as an approved centre com-
plies with,
(a) the laws affecting the health of inhabitants of the municipal-
ity in which the centre is located;
(b) any rule, regulation, direction or order of the local board of
health and any direction or order of the medical officer of
health;
(c) any by-law of the municipality in which the centre is located
or other law for the protection of persons from fire hazards;
(d) any land use by-law passed by the municipality in which the
centre is located under Part V of the Planning Act or any
predecessor thereof;
(e) the requirements of the building code made under the
Building Code Act; and
(f) the requirements of the electrical safety code made under
the Power Corporation Act. R.R.O. 1980, Reg. 278, s. 2,
revised.
3.— (1) For the purposes of this section and sections 4, 5, 6 and 7,
"actual cost" means the cost of a building project and includes,
(a) fees payable for the services of an architect, professional
engineer, or other consultant,
(b) the cost of purchasing and installing furnishings and equip-
ment,
(c) the cost of land surveys, soil tests, permits, licences and
legal fees,
(d) the cost of paving, sodding and landscaping, and
(e) the cost of acquiring the land necessary for the building
project;
"applicant for a capital grant" means a municipality or an approved
corporation that is applying or has applied for a grant under sub-
section 4 (1) of the Act for the erection, alteration, extension, ren-
ovation, acquisition or the furnishing and equipping of a centre;
"approved cost" means that portion of the actual cost of a building
project approved by the Minister;
"building project" means a project composed of one or more of the
following elements:
(a) for the purchase or other acquisition of all or any part of an
existing building or buildings including the land contiguous
thereto,
(b) any renovations, alterations or additions to an existing
building or buildings,
(c) the purchase or other acquisition of vacant land for the pur-
pose of constructing a building or buildings thereon,
(d) the erection of a new building, or any part thereof,
(e) the demolition of a building,
(f) the installation of public utilities, sewers and items or ser-
vices necessary for access to the land or building or build-
ings.
(2) The amount of capital grant payable under the Act for a
building project of a municipality or an approved corporation shall
be equal to 30 per cent of the approved cost of the building project.
R.R.O. 1980, Reg. 278, s. 3.
4.— (1) An application for a capital grant shall be made to the
Minister on a form provided by the Minister.
(2) An applicant who applies under subsection (1) shall file with
the Minister two copies of a site plan showing the location of the
building or buildings, if any, on the site and, in the case of a building
project with one or more of the elements referred to in clause (a),
(b), (d) or (f) of the definition of "building project" in subsection
3(1),
(a) building plans and specifications prepared by an architect or
professional engineer showing the structure, fixtures and
arrangements of the building or buildings and describing
the areas of the building or buildings to be used for the pur-
poses of the Act; or
(b) where the Minister approves, structural sketches and speci-
fications prepared by a person other than an architect or
professional engineer describing the building or buildings
and the areas of the building or buildings or contiguous to
the building or buildings to be used for the purposes of the
Act.
(3) No plan, specification or structural sketch filed with the Min-
ister shall be amended or altered without the approval of the
Minister. R.R.O. 1980, Reg. 278, s. 4.
5.— (1) No payment of a capital grant shall be made for a building
project except where,
(a) the building project has been approved by the Minister; and
(b) the approved cost has been determined.
(2) An approval of a building project by the Minister referred to
in subsection (1) expires on the first anniversary of the date upon
437
Reg./Règl. 314
ELDERLY PERSONS CENTRES
Reg./Règl. 314
which the approval is given unless the building project has been com-
menced before such anniversary date.
(3) A capital grant may be paid as a single payment or in two or
more instalments and, except where the Minister directs otherwise,
the aggregate of the amounts of the capital grant paid at any point in
time shall not exceed the greater of,
(a) an amount that bears the same proportion to the estimated
total payment as the amount of progress made at the time
towards completion of the project bears to the total esti-
mated amount of work required for completion; and
(b) an amount that bears the same proportion to the estimated
total payment as the amount of cost incurred at the time
bears to the total estimated cost of the project.
(4) A single payment, or in the case of payment in two or more
instalments, the final payment of an amount payable for a building
project shall not be made until,
(a) an architect or professional engineer certifies, or the Minis-
ter is otherwise satisfied, that the building project has been
completed in accordance with the plans filed under clause
4 (2) (a) or the sketches thereof approved by the Minister
under clause 4 (2) (b) and the building or addition is ready
for use and occupancy; and
(b) the applicant for the payment submits a report containing,
(i) a statement of the actual cost of the building project,
(ii) a statement indicating that all refundable sales tax
has been taken into account,
(iii) a statement indicating that the total amount of the
unpaid accounts applicable to the building project
does not exceed the amount of the grant remaining
to be paid, and
(iv) an undertaking that the amount of the grant remain-
ing to be paid will be applied first to the payment of
the unpaid accounts,
and, where the applicant is an approved corporation, an authorized
officer of the board of directors of the approved corporation certifies
that the council of the municipality in which the centre is situate, or
the council of that municipality together with the councils of one or
more contiguous municipalities, has directed payment to the corpo-
ration of an amount equal to at least 20 per cent of the actual cost of
the building project, or contributed to the corporation real or per-
sonal property, approved by the Minister, that is equivalent in value
to at least 20 per cent of the actual cost of the building project.
R.R.O. 1980, Reg. 278, s. 5.
6. No applicant for or recipient of a capital grant for a building
project shall, without the written approval of the Minister,
(a) acquire a building or land for the building project;
(b) call tenders for the building project;
(c) commence construction of the building project; or
(d) erect any temporary or permanent sign, tablet or plaque on
the site or building project. R.R.O. 1980, Reg. 278, s. 6.
7. It is a term and condition of a payment of a capital grant under
the Act in respect of a building, buildings or land forming part of a
building project that the applicant for payment shall enter into an
agreement with the Minister in which the applicant shall,
(a) agree not to change the site, structure, use of or sell, agree
to sell, lease, mortgage, encumber, donate or otherwise dis-
pose of all or any part of the building, buildings or land
without the approval of the Minister;
(b) agree not to demolish or make alterations or additions to all
or any part of the building or buildings without the approval
of the Minister; and
(c) agree to reimburse the Ministry in the same ratio as the
Ministry's contribution to the acquisition of the building,
buildings or land, the construction of the building or build-
ings or the renovations upon termination of the agreement
or where there is a contravention of any term of the agree-
ment or where a circumstance set out in clause (a) or (b)
takes place. O. Reg. 500/85, s. I, pan.
8. Expenditures incurred by a municipality or an approved cor-
poration for furnishings or equipment that are not replacements or
for repairs to or maintenance of a capital asset that,
(a) are approved by the Minister as capital expenditures;
(b) are, in the opinion of the Minister, necessary for the effi-
cient operation of an approved centre and the cost of which
is not excessive for the purpose; and
(c) are in excess of $1,000,
are capital expenditures for which a grant may be paid under subsec-
tion 4 (1) of the Act upon application by the municipality or the
approved corporation in an amount equal to 30 per cent of the
approved expenditures incurred. O. Reg. 500/85, s. I, part.
9. A municipality or an approved corporation shall in respect of
every approved centre operated by it keep and maintain a current
inventory of all furnishings and equipment acquired by the centre
and the inventory shall set forth each addition to or removal from
inventory and the reasons therefor and shall be prepared in such
manner and contain such additional information as the Director may
require. O. Reg. 819/81, s. 1.
10.— (1) An application by a municipality or an approved corpo-
ration for payment of the subsidy under subsection 4 (2) of the Act
shall be made in a form provided by the Minister and may be submit-
ted monthly, quarter-yearly, half-yearly or yearly and shall be sub-
mitted to the Director not later than the last day of the month imme-
diately following the period for which the application is made.
(2) Subject to subsections (3) and (4), the monthly amount to be
paid under subsection 4 (2) of the Act shall be up to 50 per cent of
the net monthly cost to the municipality or approved corporation of
maintaining and operating its approved centre or centres, deter-
mined in accordance with the form referred to in subsection (1).
R.R.O. 1980, Reg. 278, s. 10 (1, 2).
(3) In respect of expenditures incurred on and after the 1st day of
January, 1988, the monthly amount to be paid under subsection 4 (2)
of the Act for any approved centre maintained and operated by a
municipality or approved corporation shall not exceed $2,500.
O. Reg. 711/87, s. 1.
(4) In determining the maximum net monthly expenditure under
subsection (2),
(a) the Director may average the expenditure for any approved
centre by the municipality or approved corporation, as the
case may be, over the fiscal year of the approved centre or
approved corporation;
(b) the cost of rent or the monthly amount repaid for principal
and interest under a mortgage in respect of an approved
centre for which a capital grant has been paid under subsec-
tion 4 (1) of the Act shall not be included. R.R.O. 1980,
Reg. 278, s. 10 (4).
11. The sum payable by a municipality or municipalities to an
438
Reg./Règl. 314
CENTRES POUR PERSONNES ÂGÉES
Reg./Règl. 314
approved corporation under subsection 4 (2) of the Act shall be
equal to at least 20 per cent of the net monthly cost to the corpora-
tion of maintaining and operating its approved centre or centres
determined in accordance with the form referred to in subsection
10 (1). R.R.O. 1980, Reg. 278, s. 11.
12. It is a term and condition of payment of a grant under subsec-
tion 4 (2) of the Act that the net monthly cost of maintaining and
operating an approved centre for the purposes of the form referred
to in subsection 10 (1) be approved by the Director. R.R.O. 1980,
Reg. 278, s. 12.
13. A grant may be paid under section S of the Act to a munici-
pality or to an approved corporation for costs of a program of ser-
vices for elderly persons in an approved centre, but in no case shall
the total grant under section S of the Act exceed $15,000 for any
approved centre for any fiscal year. O. Reg. 47/81, s. 1.
14. A municipality or an approved corporation shall in respect of
every approved centre operated by it,
(a) provide a program of services approved by the Minister;
(b) provide, when requested by the Director, a letter from the
local fire chief stating that the premises meet all the
requirements of any statute, regulation or by-law for the
protection from fire of persons using the premises;
(c) establish requirements and policies for the admission of
elderly persons to the facilities and services of a centre that
are satisfactory to the Director;
(d) keep separate books of account,
(i) setting forth the revenue and expenditures of the
centre.
(iii) that are audited at least once a year by a licensed
public accountant in the case of the approved corpo-
ration and an auditor licensed and appointed in
accordance with the Municipal Act in the case of the
municipality,
and each book of account shall be retained for at least six
years from the date of the last entry in a book for a particu-
lar year;
(e) furnish to the Director not later than the last day of the
fourth month following the end of each fiscal year the finan-
cial statement of the centre for the immediately preceding
fiscal year, together with a report of a licensed public
accountant in the case of the approved corporation or of an
auditor licensed in accordance with the Municipal Affairs
Act and appointed in accordance with the Municipal Act in
the case of the municipality, stating whether in the person's
opinion,
(i) the person has received all the information and
explanations the person has required,
(ii) the financial statement and the claims for provincial
subsidy are in accordance with the books and records
of the centre and approved corporation, as the case
may be,
(iii) the calculation of the provincial subsidy is in accor-
dance with the regulations, and
(iv) the financial statement has been prepared in accor-
dance with generally accepted accounting principles
applied on a basis consistent with that of the preced-
ing year.
(ii) containing a separate record of the money received
by the centre from sources other than under the Act,
and
and such other financial and statistical information as the
Director may require. R.R.O. 1980, Reg. 278, s. 14;
O. Reg. 819/81, s. 2.
439
Reg./Règl. 315
Reg./Règl. 315
Election Act
Loi électorale
REGULATION 315
FEES AND EXPENSES
1.— (1) In this Regulation,
"rural" means,
(a) a municipality not described in the definition of "urban",
(b) territory without municipal organization,
(c) a polling division designated as "rural" under subsection
(2);
"urban" means,
(a) a city, town, village or improvement district having a popu-
lation of at least 5,000,
(b) a township having a population of at least 10,000,
(c) a municipality adjacent to a city having a population of at
least 100,000.
(2) The Chief Election Officer may, on the written recommenda-
tion of a returning officer, designate a polling division as rural.
(3) A designation of a polling division as rural remains in effect
for all purposes during an election. O. Reg. 216/90, Sched.,part.
2. The fees and expenses allowed under the Act are set out in the
Schedule. O. Reg. 216/90, s. 1.
3. The fees and allowable expenses prescribed in paragraphs 5
and 7 of the Schedule may be pro-rated downwards where the Chief
Election Officer directs that the duties be done more than once
between elections. O. Reg. 216/90, Sched.,pa/r.
4. An amount not exceeding 30 per cent of any amount set out in
the Schedule is prescribed as an additional amount payable where, in
the opinion of the Chief Election Officer, by reason of the size and
character of an electoral district or other special circumstances, an
amount set out in the Schedule does not provide adequate remunera-
tion to election officers or other persons employed at or with respect
to an election, including landlords of premises used for the purpose
of an election. O. Reg. 216/90, Sched.,part.
Schedule
BEFORE AND DURING AN ELECTION
1 . Travel for Returning Officer
Paid once for each official review and changes
Paid once during an election
Rural— personal driving, each kilometre $ .35
—other transportation and related travel
expenses Receipts
Urban— for each polling place and advance
poll 4.30
2. Sundry Items
Reimbursement of cash outlays for office sup-
plies, stationery, postage, pay telephone calls,
base maps and required copies of final maps,
etc Receipts
3. Payment for any election expenses not specifi-
cally set out but necessary and reasonable for
the proper conduct of an election Receipts
BEFORE AN ELECTION
Returning Officer and Election Clerk
4. Course on electoral procedure and other elec-
tion duties as directed by the Chief Election Officer
Attendance— including part payment for part
days, each per day $ 170.00
Personal driving, each kilometre .35
Other transportation and related travel
expense Receipts
Returning Officer
5. Polling Divisions
Review, when ordered by the Chief Election
Officer 450.00
Changes, when determined as necessary after
review, with detailed descriptions of all bound-
aries, maximum 900.00
Maps, preparation of map or maps of electoral
district with polling division boundaries and
poll numbers shown by bold dark lines in such
manner as to be suitable for reproduction of
copies required for distribution, maximum 400.00
Typed descriptions, on 8V2 by 14 inch white
paper as per format supplied by the Chief
Election Officer and including the production
of carbon or machine copies required for dis-
tribution 490.00
6. Storage of election supplies at home or else-
where (no insurance required), per month 36.00
7. Key— preparation of original or revised key to
urban polling divisions, typed on 8'/2 by 14
inch white paper as per format supplied by the
Chief Election Officer and including the pro-
duction of carbon or machine copies sufficient
for distribution, per original page 15.00
Plus— in an urban electoral district 550.00
—in a mixed urban and rural electoral dis-
trict, minimum 120.00
maximum 550.00
8. Preliminary selection of polling places with an
accessibility report to the Chief Election Offi-
cer 305.00
441
Reg./Règl. 315
DURING AN ELECTION
Returning Officer
9. Personal fee
All duties including revision
Plus— Name fee— for each name on the poll-
ing list
If a poll is held (minimum $5,000)
If no poll is held (minimum $2,500) . . .
10. Notice of enumeration fee
All duties connected with addressing, sorting
by postal code and mailing notice of enumera-
tion for each name enumerated
Payment of Office or Other Personnel
11. Stenographers, typists, clerical assistants and
other help in the returning office and for per-
sons to post notices of poll— for each name on
the polling list
Cost of film projectionist where necessary
RENTAI.S
12. Office rental as approved by the Chief Elec-
tion Officer
Facilities for instruction meetings, office furni-
ture, business machines and film projector
Election Clerk
13. Personal fee, all duties including those of revi-
sion assistant 3/5
14. Rural travel (there is no urban allowance for
election clerks)
Personal driving as directed by the returning
officer, each kilometre
Related rural travel expenses as directed by
the returning officer
Recount
15. Attendance by a returning officer and election
clerk at a judicial recount or appeal from deci-
sion on recount and paid to each, per day
Other Election Officer
16. When appointed by the returning officer with
the approval of the Chief Election Officer to
assist the returning officer in special
circumstances
All duties as directed for those days and poll-
ing divisions allocated by the returning officer,
per day
Plus— if located other than in the returning
office
Personal driving in rural areas, each
kilometre
Other rural transportation and related
travel expenses
Sundry supplies
ELECTION Reg./Règl. 315
Regular Enumerators
17. For the enumeration of a polling division and
the preparation and posting of the typed list of
electors as directed and approved by the
returning officer and paid to each:
$3,425.00
Basic fee, including personal driving and
incidental
Rural $105.00
.18
Urban 75.00
.08
Attendance at class of instruction including
travel to and from 40.00
For each name on typed list submitted to the
returning officer .52
Personal driving in rural or mixed rural and
urban electoral districts delivering lists to the
returning officer after a total of sixteen kilo-
metres of travel, each kilometre .35
Typing of lists by other than the enumerator,
•20 to be deducted from the total fee payable to
the enumerator, per name .08
Vouchers
Special Enumerators
18. Special enumeration or other related duties as
directed by the returning officer and paid to
Approved each, per day 70.00
Contract
Personal driving, rural and urban— paid for
, , . one vehicle per pair of enumerators, each kilo-
Vouchers ^^^^^ ^ ^ 35
Revising Agent
of item 12 '^- ^^'^^ P^" appointed only under special circum-
stances and with the prior approval of the
Chief Election Officer, per day 70.00
Personal driving, rural and urban— paid for
one vehicle per pair of revising agents, each
.35 kilometre .35
Revision Assistant
Receipts
20. When appointed by the returning officer with
the approval of the Chief Election Officer to
assist the returning officer in special
circumstances
170.00 j\|i duties as directed and for those days and
polling divisions allocated by the returning
officer (a minimum seven hour day), per day .. 125.00
Plus — if located other than in returning
office
Personal driving in rural areas, each
kilometre .35
Other rural transportation and related
125.00 travel expenses Receipts
Sundry items Receipts
21. Final selection of polling places and necessary
rental agreement negotiations 305.00
Polling Place Rental
eceip s 22. Furnished as per poll rental agreement per
Receipts polling place, per day $ 90.00
442
Reg./Règl. 315
Deputy Returning Officer
23. All duties in connection with attending and
holding a poll and making a return, including
advance polls or on stand-by in the returning
office, per day
Attendance at class of instruction including
travel to and from
Postage for returning ballot box contents in
remote areas
Personal driving in rural or mixed rural and
urban electoral districts picking up or returning
election material after a total of sixteen kilo-
metres of travel in each case, each kilometre ..
Poll Clerk
24. All duties in connection with attending and
holding a poll, including advance polls, per day
Attendance at class of instruction including
travel to and from
Other Poll Officials
25. Poll Co-ordinator
Attendance at a polling location with three or
more polling places, per day
Attendance at a class of instruction including
travel to and from
26. Traffic Director when required at a polling
location, per day
Security Guard
27. When required by the returning officer and
authorized by the Chief Election Officer
PRINTING.
List of Electors
28. For reproducing from pages supplied by the
returning officer up to 100 copies of each page,
gathered and stitched into poll sets by page
number, the sets sorted into poll number
sequence and delivered to the returning offi-
cer, including up to 25 complete sets, trimmed
and bound with cardboard covers, up to $23.00
per page
Film and metal plate (if required), up to $13.00
per page
When collated into complete sets in poll num-
ber sequence, up to $11.00 per poll
Proclamation
29. As sample format— up to a maximum of 300
copies (English or French or both English and
French), up to $100.00 the lot
Film and plates, if required, up to $14.00 each
LOI ELECTORALE Reg./Règl. 315
Notice of Enumeration Card
30. Printing two sides, black ink, on white bristol;
as per specification set out by the Chief Elec-
tion Officer
135.00
First 100 cards per poll, up to $19.00
40.00 Each additional 100 cards per poll, up to $3.25
Notice of Poll
Receipts
31. As sample format— up to a maximum of 400
copies (English or French or both English and
French), up to $105.00 the lot
.35 Film and plate, if required, up to $14.00 each
BAL1X)TS
32. Printing two sides, numbering once on perfo-
100.00 rated stub and stitched or stapled (no gum-
ming) into pads of twenty-five ballots each—
40.00 set up cost, up to $745.00 the lot
Plus:
2 or 3 names per ballot, up to $27.00 per 1000
4 names per ballot, up to $38.00 per 1000
'^^■'^ 5 names per ballot, up to $40.00 per 1000
Annn ^ names per ballot, up to $45.00 per 1000
7 names per ballot, up to $48.00 per 1000
50.00
Sundry Printing
33. As ordered by the returning officer Invoices
Vouche s ^' ^^^ following districts are designated as
"Northern" and are subject to special
allowance:
Algoma Parry Sound
Algoma-Manitoulin Port Arthur
Cochrane North Rainy River
Cochrane South Renfrew North
Fort William Sault Ste. Marie
Kenora Sudbury
Lake Nipigon Sudbury East
Nickel Belt Timiskaming
Nipissing
Special Fees in Northern
Electoral Districts
Urban travel allowance— for each polling place
and advance poll $ 4.80
Personal driving, each kilometre .36
Name fee— minimum payable
-ifpollisheld 8,000.00
—if no poll is held 4,500.00
O. Reg. 216/90, Sched.,part.
443
Reg./Règl. 316
Reg./Règl. 316
Elevating Devices Act
Loi sur les ascenseurs et appareils de levage
REGULATION 316
GENERAL
PARTI
DEnNITIONS
1.— (1) In this Regulation,
"bar lift" means a passenger ropeway that pulls passengers by means
of devices propelled by an overhead circulating hauling rope where
the passengers remain in contact with the ground or snow surface;
"chair lift" means a passenger ropeway where passengers are carried
on chairs,
(a) attached to and suspended from a circulating wire rope; or
(b) attached to a circulating wire rope and supported by a
standing wire rope or other overhead structure;
"construction hoist" means a temporarily installed elevating device
equipped with a car or platform that moves vertically in guides,
and that is used for hoisting and lowering materials or workers or
both, in connection with the construction, alteration, maintenance
or demolition of a building or structure;
"counter-balanced type manlift" means a manlift equipped with a
passenger-carrying unit in the form of a car, the motion of which is
obtained by means of the application of hand energy or gravity;
"dumbwaiter" means an elevating device equipped with a car that
moves vertically in guides and is used exclusively for lifting or low-
ering freight between two or more floors of a building or structure
and that has a maximum capacity of 225 kilograms, a maximum
floor area of 0.85 square metres and a maximum inside height of
1.25 metres;
"elevating device for the handicapped" means an elevating device
specifically designed to be used by a person with a physical handi-
cap travelUng between fixed points of a building or structure where
the elevating device is restricted as to access, speed, travel and
type of operating devices;
"elevator" means an elevating device equipped with a car that moves
vertically in guides and that serves two or more floors of a building
or structure;
"endless belt type manlift" means a manlift equipped with one or
more passenger-carrying units in the form of steps and handholds
attached to a power driven endless belt;
"escalator" means an elevating device in the form of a power-driven,
inclined continuous stairway used for raising or lowering persons;
"existing" when used in reference to an elevating device or part
thereof means any elevating device or part thereof for which a
design submission was approved or installation of which was com-
pleted before the 1st day of May, 1981;
"fibre rope tow" means a rope tow having a natural or synthetic fibre
hauling rope;
"freight elevator" means an elevator used primarily for carrying
freight and on which only an attendant and freight handler are per-
mitted to ride;
"freight elevator— E" means a freight elevator upon which employ-
ees of the owner of the elevator are permitted to ride as passen-
gers;
"freight platform lift" means an elevating device that is restricted as
to use, location, access, speed, travel and type of operating devices
and that is equipped with a platform that moves vertically;
"freight platform lift— Type A" means a freight platform lift
restricted to the carriage of freight only;
"freight platform lift— Type B" means a freight platform lift
restricted to the carriage of freight and on which an attendant or
freight handler may ride;
"funicular railway" means an incline lift in the form of a railway
where the ascending car and the descending car, connected by a
driven rope, counter-balance each other;
"gondola lift" means a passenger ropeway where passengers are car-
ried in enclosed gondola cars,
(a) attached to and suspended from a circulating wire rope; or
(b) attached to a circulating wire rope and supported by a
standing wire rope or other overhead structure;
"hand-power dumbwaiter" means a dumbwaiter utilizing manual
energy or gravity to move the car;
"hand-power freight elevator" means an elevator that utilizes man-
ual energy or gravity to move the car and that is used for carrying
freight only;
"incline lift" means an elevating device equipped with a car or plat-
form that moves at an angle other than vertical and serves two or
more permanent levels but does not include a stair platform lift;
"licence" means a licence issued under the Act;
"maintenance" means regularly scheduled or other action taken to
ensure that an elevating device is and will remain in safe operating
condition and "maintain" has a corresponding meaning;
"major alteration" means an alteration that results in a substantial
change to the original design, inherent safety or operational char-
acteristics of an elevating device and without limiting the general-
ity of the foregoing includes,
(a) an increase by more than 10 per cent in,
(i) the rated speed of the load-carrying unit,
(ii) the maximum capacity, or
(iii) the dead-weight of the machine, load-carrying unit
or counter-weight;
(b) except for construction hoists, an increase or decrease in
the distance of the travel of the load-carrying unit;
(c) a change in.
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(i) the method or type of operation,
(ii) the method or type of control,
(iii) the type or size of guide rails or other guiding means
for the load-carrying unit or counter-weight,
(iv) the type of safety device or other safety stopping
device for the load-carrying unit or counter-weight,
(v) the power supply to the machine,
(vi) the type of the driving machine or brake,
(vii) the location of the elevating device, machine, load-
carrying unit or counter-weight, or
(viii) the working pressure of a hydraulic system by more
than 10 per cent;
(d) changes that would result in a reclassification of the elevat-
ing device;
(e) the addition of a car or hoistway entrance to the elevating
device;
■'manlift" means an elevating device commonly known as a "man-
lift" that moves vertically in guides and serves two or more floors
of a building or structure and that is equipped with a passenger-
carrying unit the use of which is restricted;
"material construction hoist" means a construction hoist restricted to
the carriage of materials, where workers may enter the car or plat-
form for the purpose of loading or unloading only;
'minor alteration" means an alteration that resuhs in a minor change
to the original design, inherent safety or operational characteristics
of an elevating device and without limiting the generality of the
foregoing includes,
(a) a change in the size or number of hoisting, hauling,
counter-weight, overspeed governor or compensating
ropes;
(b) the addition of,
(i) a safety device or any other safety stopping device
for the load-carrying unit or counterweight,
(ii) special emergency service, emergency recall, in-car
emergency service, firefighter's elevator designa-
tions or any similar special service;
(c) the replacement of any of the following components with
components differing from the original in design or manu-
facture, but without any change in overall technical, opera-
tion or safety characteristics of the elevating device:
1. A safety device or any other safety stopping device
for the load-carrying unit or counterweight.
2. A device which actuates the device referred to in
paragraph 1.
3. A supporting structure or foundation.
4. A driving machine or brake.
5. A hydraulic cylinder or plunger.
6. The tower switches of a passenger ropeway;
(d) the addition of,
(i) a hoistway door locking device.
(ii) car door or gate electric contacts,
(iii) hoistway inspection switches,
(iv) a top of car operating device,
(v) a hoistway door or car door or gate operating device,
(vi) car levelling or truck zoning devices;
(e) a major rebuilding or replacement of any of the following
components with components differing from original design
or manufacture, but without any change in the inherent
safety or operational characteristics of the elevating device:
1. Controller.
2. Hoistway doors.
3. Door or gate locking devices;
(f) any replacement, other than a replacement that differs from
the original in design or manufacture or rebuilding of,
(i) a safety device or other safety stopping device for the
load-carrying unit or counterweight,
(ii) a device that actuates a device referred to in sub-
clause (i),
(iii) a worm or gear of a driving machine,
(iv) a hydraulic cylinder or plunger;
(g) any replacement or readjustment of a component previ-
ously sealed by an inspector in accordance with section 33;
(h) any increase or decrease in the distance of travel of the
load-carrying unit of a worker's rail-guided or material con-
struction hoist;
"minor alteration— Type A" means a minor alteration of a type
referred to in clause (a), (b) or (c) of the definition of "minor
alteration";
"minor alteration— Type B" means a minor alteration of a type
referred to in clause (d), (e), (0, (g) or (h) of the definition of
"minor alteration";
"moving walk" means an elevating device that moves passengers on
an uninterrupted load-carrying surface that remains parallel to its
direction of motion;
"new", when referring to an elevating device or part thereof, means
any elevating device or part thereof, for which a design submission
is registered or the installation of which is completed on or after
the 1st day of May, 1981;
"observation elevator" means a passenger elevator designed to per-
mit exterior viewing by passengers while riding in the car;
"passenger elevator" means an elevator used primarily for carrying
persons;
"passenger ropeway" means an elevating device used to transport
persons;
"power type manlift" means a manlift equipped with a passenger-
carrying unit in the form of a car, the motion of which is obtained
by means of the application of energy other than by hand or grav-
ity;
"reversible ropeway" means a passenger ropeway where passengers
are carried in one or more cars fixed to a hauling rope that is inde-
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pendent of a track rope, and where the cars reciprocate between
terminals;
"ropetow" means a passenger ropeway where persons grasp a circu-
lating hauling rope or a handle or similar device attached to the
rope and are propelled by the tow while remaining in contact with
the ground or snow surface;
"sidewalk elevator" means a freight elevator that operates between a
sidewalk or other area exterior to a building and floor levels inside
the building that are below the sidewalk or other area exterior to
the building and that has no landing opening into the building at its
upper limit of travel;
"stage lift" means an elevating device used for lifting or lowering
persons or freight in or about a stage or orchestra pit;
"stairchair lift" means an elevating device for the handicapped that is
equipped with a passenger-carrying unit in the form of one or two
attached chairs that moves substantially in the direction of a flight
of stairs or ramp at a mean angle of not more than 45 degrees;
"stair platform lift" means an elevating device for the handicapped
that is equipped with a platform that moves substantially in the
direction of a flight of stairs or ramp at a mean angle of not more
than 45 degrees;
"stair platform lift— Type C" means a stair platform lift where the
runway is guarded so as to physically prevent access to it;
"stair platform lift— Type D" means a stair platform lift where the
runway is not guarded so as to physically prevent access to it;
"standard design submission" means a design submission for a type
of elevating device that is intended to be installed in more than one
location and that may incorporate the use of alternative inter-
changeable components but does not include information relating
to the location of individual installations;
"temporary elevator" means a passenger or freight elevator in a
building under construction that is used for carrying workers or
materials or both prior to the completion of the building;
"vertical platform lift" means an elevating device for the handi-
capped equipped with a platform that moves vertically;
"vertical platform lift— Type C" means a vertical platform lift having
a fully enclosed runway;
"vertical platform lift— Type D" means a vertical platform lift having
a partially enclosed or unenclosed runway;
"wire rope tow" means a rope tow having a metallic hauling rope;
"workers' rail-guided construction hoist" means a construction hoist
used for carrying workers and materials where the load-carrying
unit is guided by rails;
"workers' rope-guided construction hoist" means a construction
hoist used for carrying workers and materials where the load-car-
rying unit is guided by ropes. O. Reg. 229/81, s. 1 (1); O. Reg.
463/86, s. 1.
(2) For the purposes of subsection (1), elevator, dumbwaiter,
escalator, moving walk, manlift, passenger ropeway, incline lift, con-
struction hoist, stage lift, freight platform lift, stair platform lift, ver-
tical platform lift and stair chair lift include the machine room, hoist-
way and hoistway enclosure, supporting structure, terminals and
runway, as the case may be, that is provided in conjunction
therewith. O. Reg. 229/81, s. I (2).
2. The following classes of elevating devices are designated:
1. Elevators, being.
freight elevators,
freight elevators— E,
hand-power freight elevators,
iv. observation elevators,
V. passenger elevators,
vi. sidewalk elevator, and
vii. temporary elevators.
2. Dumbwaiters, being,
i. dumbwaiters, other than hand-power dumbwaiters,
and
ii. hand-power dumbwaiters.
3. Escalators.
4. Moving walks.
5. Freight platform lifts, being,
i. freight platform lifts— Type A, and
ii. freight platform lifts— Type B.
6. Elevating devices for the handicapped, being,
stairchair lifts,
stair platform lifts— Type C,
stair platform lifts— Type D,
iv. vertical platform lifts— Type C, and
v. vertical platform lifts— Type D.
7. Manlifts, being,
i. counter-balanced type manlifts,
ii. endless belt type manlifts, and
iii. power type manlifts.
8. Passenger ropeways, being,
i. bar lifts,
ii. chair lifts,
iii. fibre rope tows,
iv. gondola lifts,
V. reversible ropeways, and
vi. wire rope tows.
9. Construction hoists, being,
i. material construction hoists,
ii. workers' rail-guided construction hoists, and
iii. workers' rope-guided construction hoists.
10. Incline lifts, being.
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i. inclined elevators,
ii. inclined dumbwaiters,
iii. inclined manlifts,
iv. inclined construction hoists,
V. inclined freight platform lifts, and
vi. funicular railways.
11. Stage lifts. O. Reg. 229/81, s. 2; O. Reg. 463/86, s. 2.
3.— (1) Except where otherwise indicated, this Regulation applies
to all existing and new elevating devices and parts thereof.
(2) Despite subsection (1), in the case of an existing elevating
device the application of the codes adopted in this Regulation are
restricted to those sections respecting the inspection, testing, mainte-
nance and use of the elevating device. O. Reg. 229/81, s. 3.
(3) Where a code referred to in this Regulation is inconsistent
with the Act or this Regulation the Act or this Regulation shall
prevail. O. Reg. 463/86, s. 3.
4.— (1) Except where otherwise required by this Regulation, an
existing elevating device and parts thereof shall, with respect to its
design, construction, controls and other characteristics determining
its technical and operating features either,
(a) conform to the rules and codes applicable at the time of its
installation or initial licensing; or
(b) conform to the requirements of the codes adopted in this
Regulation.
(2) Where an alteration is made to an existing elevating device
the alteration shall conform to the requirements of this Regulation.
(3) Where a standard design submission was registered under a
predecessor to this Regulation and it Is proposed to install a new ele-
vating device in accordance with that standard design submission, the
standard design submission shall be updated to conform with the
requirements of this Regulation. O. Reg. 229/81, s. 4.
5. Where a new elevating device or part thereof is not specifically
covered by a code adopted in this Regulation, it shall be so con-
structed as to comply with,
(a) such codes or other technical rules as are authorized by the
Director under subsection 31 (6) of the Act; or
(b) where there are no codes or rules authorized to cover the
particular situation, general engineering practice normally
applied to elevating devices on the basis of the adopted
codes. O. Reg. 229/81, s. 5.
6. A freight platform lift— Type B having a rise of two metres or
less and operating between a loading dock and the bed of a vehicle
used to transport goods Is exempt from the Act and regulations.
O. Reg. 229/81, s. 6.
Design Submission
7.— (1) A design submission for an elevating device shall be on a
form supplied by the Ministry and shall include the specifications
prescribed in subsection (3), the drawings prescribed in subsection
(4) and any other calculation sheets and work test certificates neces-
sary to indicate compliance with the Act and this Regulation.
(2) A design submission for an alteration of an elevating device
may be limited to the scope of the alteration and shall relate the
alteration to the previously registered design submission for the ele-
vating device.
(3) A specification shall,
(a) set out the address of the premises where the elevating
device Is to be installed;
(b) set out the designation, maximum capacity and rated speed
of the elevating device;
(c) contain data necessary to demonstrate that the elevating
device conforms to the requirements of the Act and this
Regulation, and the data may be limited to the characteris-
tics and features of an elevating device that are not specific
to and that are not required by an applicable code for all
installations of a particular class of elevating device;
(d) clearly delineate any proposed variance from the applicable
codes adopted by this Regulation and outline the reason for
such variance, including an assessment of how the variance
may affect the safety of the installation;
(e) refer to all applicable codes; and
(f) include a list of supporting drawings and other documenta-
tion forming part of the design submission.
(4) Drawings shall,
(a) be identified by a number and date in addition to the infor-
mation required to be given under clauses (3) (a) and (b);
(b) include layouts, plans and elevation views of the elevating
device or parts thereof, and set out all information neces-
sary to demonstrate conformance with this Regulation and
the applicable codes;
(c) include electric and hydraulic schematic diagrams indicating
safety related circuitry and components and Identifying the
sequence of operation of the safety related components;
(d) include a legend or a reference to a relevant code for all
symbols used in the drawings;
(e) be prepared In accordance with good engineering and draft-
ing practices; and
(f) be accurate and complete.
(5) All individual documents composing a design submission shall
bear the signature and seal of the professional engineer who pre-
pared or approved the design submission.
(6) A design submission for an elevating device shall include a
statement bearing the seal and signature of the professional engineer
who prepared or approved the submission stating that the whole
design of the elevating device. Including the parts and features not
specifically identified In the design submission, are in compliance
with the Act and this Regulation, except for any variances set out in
the submission and in making such statement the professional engi-
neer may rely on the opinion of or information obtained from
another professional engineer or an architect and may indicate in
what respect he or she is so relying.
(7) Despite subsections (5) and (6), where a design submission
for a material construction hoist, stair chair lift or vertical platform
lift— Type D is not yet registered but is based on a previously regis-
tered standard design submission, all Individual documents compris-
ing the design submission may be signed by an officer or director of
the company applying for registration where the officer or director is
a mechanic.
(8) The Director may require such information in addition to that
required under this Regulation with respect to a design submission as
is necessary in his or her opinion to ensure that the design submission
meets the requirements of the Act and the regulations. O. Reg.
229/81,5.7.
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8.— (1) An applicant for registration of a design submission shall
make the application on a form supplied by the Ministry and shall
include with it,
(a) four copies of the design submission or, in the case of a
standard design submission, two copies; and
(b) the appropriate fee prescribed in subsection (2). O. Reg.
229/81, s. 8; O. Reg. 451/89, s. 1 (1).
(2) The following fees are prescribed for the purposes of this sec-
tion:
1. Subject to paragraphs 2, 3, 4 and 5, in the case of a design
submission for a new installation or major alteration, the
fee set out in Column 4 of Table 1 opposite the class of ele-
vating device applied for in Column 1.
2. In the case of a design submission that is based on a previ-
ously registered standard design submission, 50 per cent of
the fee set out in Column 4 of Table 1 opposite the class of
elevating device applied for in Column 1 .
3. In the case of a design submission for a major alteration of
an elevator, the fee set out in Column 4 of item 1 of Table
1.
4. In the case of a design submission for a major alteration of a
construction hoist, the fee set out in Column 4 of item 3 of
Table 1.
5. In the case of a design submission for a new installation or
major alteration of an observation elevator or elevator serv-
ing an observation level referred to in subsection 34 (8) or
(9), the fee set out in Column 4 of item 8 of Table 1 .
6. In the case of a standard design submission, a revision to a
design submission or a design submission for a minor alter-
ation, the fee set out in Column 2 of Table 2 opposite the
type of design submission applied for in Column 1.
O. Reg. 451/89, s. 1 (2).
9. Upon registration of a design submission, the Director shall
send to the applicant,
(a) a notice that the design submission has been registered;
(b) two sets of the registered design submission, or in the case
of a standard design submission, one set; and
(c) the installation number or registration number, as the case
may be, that has been allocated to the elevating device or to
the standard design submission. O. Reg. 229/81, s. 9.
10. Where a change is proposed to a registered design submis-
sion, no work shall be performed on the portion of the elevating
device affected by the change until a design submission outlining the
scope of the change with reference to the relevant parts of the regis-
tered design submission is prepared in accordance with sections 7
and 8 and registered. O. Reg. 229/81, s. 10.
11.— (1) A design submission for a minor alteration— Type A in
accordance with subsection 7 (2) shall be forwarded to the Director
not later than five working days after completion of the minor alter-
ation.
(2) Where a minor alteration— Type B is made to an elevating
device the contractor shall not later than five working days after
completion of the alteration notify the Director in writing of the
alteration, stating that the parts added, replaced, or altered comply
with the applicable codes and the notice shall contain sufficient
design details necessary to demonstrate compliance with such codes.
O. Reg. 229/81, s. 11.
(3) A contractor who is required to notify the Director of a minor
alteration— Type B shall include with the notice the fee set out in
item 13 of Table 2.
(4) If a laboratory or organization designated by a code or stan-
dard adopted in this Regulation is required by the code or standard
to carry out an engineering test or certification of an elevating device
component, the person who files the test or certification document
with the Director shall include the fee set out in item 14 of Table 2.
O. Reg. 451/89, s. 2.
12.— (1) The fee for a preliminary review of an elevating device or
any component of an elevating device or for an assessment of the
acceptability of a requested variance from an adopted code is the
amount set out in item 15 of Table 2.
(2) If a service referred to in subsection (1) is performed on
premises other than at the Elevating Devices Branch of the Ministry,
the fee shall include the living expenses and travelling expenses of
the inspector defined in section 34. O. Reg. 451/89, s. 3.
Contractors
13.— (1) Application for registration as a contractor or a renewal
thereof shall be on a form supplied by the Ministry and be accompa-
nied by the fee set out in Column 2 of Table 3 in the case of an initial
registration or Column 3 of Table 3 in the case of a renewal set out
opposite the type of registration applied for in Column 1 of Table 3.
(2) It is a term and condition of registration as a contractor that,
(a) the contractor shall be, or shall employ, a mechanic; and
(b) the contractor, or a member of the contractor's supervisory
staff, shall have full knowledge of the Act and this Regula-
tion.
(3) An applicant for registration as a contractor shall supply such
information to the Director as is necessary for the Director to deter-
mine whether the requirements of subsection (2) are met.
(4) Despite clause (2) (a), where the registration of a contractor
is limited to the testing of elevating devices or parts thereof, the con-
tractor is exempt from the requirement of clause (2) (a) where the
contractor is a professional engineer or has a professional engineer in
the contractor's continuous employ.
(5) A registration as a contractor expires on the 31st day of
March next following the date on which it was issued. O. Reg.
229/81, s. 12.
14.— (1) Every contractor that maintains an elevating device shall
submit annually to the Ministry a list that contains data on the instal-
lation numbers, class and location of each elevating device that is
maintained by the contractor together with information that indi-
cates the scope of each maintenance contract.
(2) The list referred to in subsection (1) shall be based on the
actual status at the end of the fifteenth day of January for the year to
which the list relates and shall be submitted not later than the 28th
day of February next following. O. Reg. 463/86, s. 4.
15.— (1) No work shall be undertaken on an elevating device by a
contractor unless it is performed by a mechanic or by a mechanic-in-
training under the supervision of a mechanic.
(2) No person shall be involved in a task that is necessarily ancil-
lary or incidental to the installation or maintenance of an elevating
device unless he or she is supervised by a mechanic.
(3) No mechanic shall be assigned or undertake work beyond the
scope of his or her experience or training. O. Reg. 229/81, s. 14.
Installation
16.— (1) A contractor who installs or alters an elevating device
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shall, after the contractor has carried out a preliminary examination
and is satisfied that all work is completed in accordance with the reg-
istered design submission and that the installation or alteration com-
plies with the requirements of the Act and the regulations, notify the
Director in a form provided by the Director that such is the case and
arrange for an initial inspection of the elevating device. O. Reg.
463/86, s. 5.
(2) A contractor who installs a new elevating device or alters an
existing elevating device shall, on completion of the work, supply to
the owner of the elevating device a copy of the registered design
submission. O. Reg. 229/81, s. 15 (2).
17.— (1) Each component identified in a design submission shall
be readily identifiable on the actual installation.
(2) Each component of an elevating device the size, function and
operating characteristics of which are not readily identifiable when
installed on the elevating device shall bear a permanently affixed
name plate indicating all the information needed to facilitate its
replacement. O. Reg. 229/81, s. 16.
18. Where an alteration is made to an elevating device, the
owner's copy of the registered design submission shall be amended
by the contractor who made the alteration to reflect the changes
made. O. Reg. 229/81, s. 17.
Licence for an Elevating Device
21. A licence for an elevator shall be posted by the owner in a
prominent position in the load-carrying unit of the elevator and a
licence for an elevating device other than an elevator shall be posted
by the owner on or adjacent to the elevating device for which it is
issued. O. Reg. 229/81, s. 20.
Notices
22.— (1) Every elevating device shall have securely fastened to it,
and conspicuously displayed, a notice indicating the maximum capac-
ity and installation number of the elevating device,
(a) in the load-carrying unit of the elevating device; or
(b) where it is not practicable to fasten it on the load-carrying
unit, as close as is practicable to the bottom loading area of
the elevating device.
(2) The notice indicating the maximum capacity referred to in
subsection (1) shall be supplied by the owner in the form of a plate,
and shall set forth in letters and numerals not less than six milli-
metres in height,
(a) the words "maximum capacity";
(b) the number of persons allowed to use the elevating device
or the total weight in kilograms allowed in the elevating
device or both; and
19.— (1) An applicant for an initial or temporary licence for an
elevating device or a renewal thereof shall submit an application on
the form supplied by the Ministry together with the fee set out in
Column 2 of Table 2 set out opposite the type of licence applied for
in Column 1 of Table 2. O. Reg. 229/81, s. 18 (1); O. Reg. 451/89,
s.4(l).
(2) An initial licence for an elevating device shall be issued for a
period not exceeding twelve months and expires on the date speci-
fied in the licence.
(3) A renewal of a licence for an elevating device shall be for a
period of twelve months. O. Reg. 229/81, s. 18 (2, 3).
(4) A temporary licence for an elevating device that is issued by
the Director shall be for a period that does not exceed six months.
O. Reg. 451/89, s. 4 (2).
20.— (1) A licensee shall notify the Director within ten days of a
change in any particular noted on the licence.
(2) An owner of an elevating device who is not the licensee shall
notify the Director within ten days of a change in the owner's name
or address.
(3) Where a change is proposed with respect to the ownership of
an elevating device, the owner shall notify the Director, before the
proposed change takes place, of the details and the effective date of
the change.
(4) Subject to subsection (5), upon receipt of information
described in subsection (3) and upon payment of the fee for the
transfer of a licence set out in Table 2, the Director shall transfer or
re-issue the licence to the new owner.
(5) The Director shall not transfer a licence under subsection (4),
(a) where a seal is affbted to the elevating device under section
10 of the Act;
(b) while the licence is under suspension; or
(c) where there is any outstanding fee owing under this Regula-
tion with respect to the elevating device. O. Reg. 229/81,
s. 19.
(c) the word "persons" or the symbol "kg" or both, as the case
maybe.
(3) Where the maximum capacity of an elevating device has been
determined both in terms of persons and kilograms, the notice
referred to in subsection (2) shall include the alternative maximum
capacities, with the word "or" between the capacities.
(4) The notice indicating the installation number referred to in
subsection (1) shall be supplied by the Ministry, in the form of a
plate or label, and shall set forth the installation number assigned by
the Ministry to that elevating device.
(5) The fee for a duplicate installation number referred to in sub-
section (4) is the fee set out in item 2 of Table 2.
(6) The notice indicating the maximum capacity and the notice
indicating the installation number of the elevating device may be
engraved on a single plate or on a control station board provided that
the requirements of this section regarding content, size of letters and
location of the notices are fulfilled. O. Reg. 229/81, s. 21.
Operation and Maintenance
23.— (1) Every owner of an elevating device shall ensure that the
elevating device is not used or operated unless it is maintained by a
registered contractor in accordance with the requirements of this sec-
tion.
(2) The methods and intervals of maintenance of an elevating
device shall be determined by the owner or by a contractor on behalf
of the owner, on the basis of,
(a) the inherent quality;
(b) the manufacturer's or the manufacturer's agent's recom-
mendations for maintenance; and
(c) the frequency and method of usage,
of the elevating device.
(3) The maintenance of an elevating device shall include,
(a) an inspection and examination at regular intervals of all
parts and functions of the elevating device;
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(b) cleaning, lubricating and adjusting all parts of the elevating
device at regular intervals, and the repairing or replacing
worn or defective components, in order to prevent the ele-
vating device from becoming unsafe for operation;
(c) repairing or replacing damaged or broken parts;
(d) in addition to those things required under clause (a), (b) or
(c) such other examinations or work as is required by this
Regulation, an applicable code or an inspector.
(4) The person carrying out the inspection referred to in clause
(3) (a) shall be satisfied that the elevating device is in a safe operat-
ing condition and that the parts and functions will remain in a safe
operating condition until the next scheduled inspection and examina-
tion.
(5) Where a part of an elevating device is replaced for any rea-
son, the replacement part shall be at least equivalent to the original
part as specified in the design submission or as supplied by the manu-
facturer of the original part.
(6) Despite subsections (1) and (3), jobs of a housekeeping
nature in the load-carrying unit of or access areas to an elevating
device may be performed by a person other than a registered
contractor. O. Reg. 229/81, s. 22.
24.— (1) Where maintenance is carried out on an elevator, dumb-
waiter, elevating device for the handicapped or freight platform lift
that is equipped with a safety device, the maintenance referred to in
subsection 23 (3) shall include an inspection and testing of the safety
device and overspeed governor, where an overspeed governor is pro-
vided, in accordance with clauses B.1.4, B.1.5 and B.1.6 of the code
referred to in section 38.
(2) Where the maintenance is carried out on an endless belt type
manlift, the maintenance referred to in subsection 23 (3) shall
include an inspection and testing of the safety brake to ensure com-
pliance with clause 5.2.2.3 of the code referred to in section 49.
(3) Where the maintenance is carried out on a counter-balanced
type or power type manlift, the maintenance referred to in subsec-
tion 23 (3) shall include an inspection and testing of the safety device
and overspeed governor, where an overspeed governor is provided,
to ensure compliance with clauses 6.11.3 or 7.6.8.2, as the case may
be, of the code referred to in section 49.
(4) The inspection and tests required under subsections (1), (2)
and (3) shall be carried out at intervals determined in accordance
with subsection 23 (3), provided that such intervals are not longer
than twelve months between the inspections or tests, as the case may
be.
(5) A record of inspections and tests carried out under subsec-
tions (1), (2) and (3) shall be made in triplicate on forms supplied by
the Ministry and one copy shall be posted in the machine room of the
elevating device, one copy shall be kept on file by the contractor and
one copy shall be kept on file by the owner and each such record
shall be retained for a period of three years from the date of the
inspection or test.
(6) Where the ownership of an elevating device changes, the
records referred to in subsection (5) shall be transferred to the new
owner. O. Reg. 803/82, s. 1.
25. Where a manufacturer or owner of an elevating device or a
contractor discovers a defect in a part or component that is related to
the safety of operation or usage of an elevating device and that part
or component is replaced and as a result of the discovery the same
part or component is replaced in other elevating devices because of a
possible recurrence of the defect, then the manufacturer, owner or
contractor, as the case may be, shall forthwith notify the Director, in
writing, stating the nature of the defect and any actions taken to date
with respect to the part or component. O. Reg. 229/81, s. 24.
26. Every owner of an elevating device shall ensure that,
(a) there is clear access to the elevating device;
(b) there is a safe and convenient access to the machine room
of the elevating device regardless of weather conditions;
(c) the machine room and any part of the elevating device that
may be hazardous is closed, locked or otherwise made inac-
cessible to the public;
(d) the keys required for access to the machine room and other
locked parts of the elevating device are readily available at
the location of the installation to an inspector or a member
of the police or fire department or other person who may be
involved in an emergency where the elevating device is
located;
(e) a list of persons to be called in case of an equipment or
power failure, accident, or any other emergency involving
the elevating device is readily available at the location of
the installation;
(f) a copy of the registered design submission for the elevating
device is readily available to an inspector; and
(g) on the transfer of ownership of an elevating device a copy
of the registered design submission is delivered to the new
owner. O. Reg. 229/81, s. 25.
27. Every owner of a passenger elevator that is located in an
apartment or office building shall ensure that,
(a) in addition to the list required under clause 26 (e) the name
and telephone number of the contractor maintaining the
elevator, together with the scope and expiry date of the
contract covering the maintenance of the elevator; and
(b) the location of the keys required to be available under
clause 26 (d),
are posted inside the firehose cabinet located closest to the main
front entrance of the apartment or building. O. Reg. 229/81, s. 26.
28.— (1) In addition to those requirements set out in sections 45,
63 and 69 with respect to attendants or operators, where in the opin-
ion of the Director it is necessary for an elevating device to have one
or more attendants or operators to ensure the safety of persons rid-
ing or having access to the elevating device, the owner shall ensure
that such attendants or operators are stationed at appropriate loca-
tions in or about the elevating device.
(2) In addition to those requirements set out in subsection (1)
and sections 45, 63 and 69, where an elevating device is powered by a
driving unit or equipped with operating devices that are not automat-
ically rendered inoperative should an unsafe condition for operation
of the elevating device exist, the owner shall ensure that while the
elevating device is in operation, it is supervised and operated by an
operator who is stationed at the driving unit of the elevating device
or at some other appropriate location. O. Reg. 803/82, s. 2.
29.— (1) Every attendant or operator shall have such knowledge
of and experience in operating or attending the elevating device that,
(a) he or she is able to attend or operate the elevating device
safely without supervision; and
(b) he or she is aware of the hazardous situations that are likely
to occur with respect to persons using the elevating device
or to materials being carried on it.
(2) Every person learning to be an attendant or operator shall
obtain the experience referred to in subsection (1) and perform his or
her duties only under the personal supervision of an experienced
attendant or operator, as the case may be, a mechanic, or other per-
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son having thorough knowledge and experience in the attending or
operation of an elevating device and who is aware of the hazards con-
nected therewith. O. Reg. 229/81, s. 28.
30. An attendant shall,
(a) only be responsible for the safe operation and use of the
elevating device that is within the scope of his or her
employment;
(b) be stationed (in close proximity to the elevating device) in a
location designated by the owner of the elevating device;
(c) ensure that persons and materials move with safety to or
from the elevating device in the area that is under his or her
supervision;
(d) ensure that all doors or gates are closed or other safety
measures are taken, as the case may be, before the elevat-
ing device is operated or a signal is given to an operator to
operate it; and
(e) not operate the elevating device, knowing or having reason
to believe that the maximum capacity as shown on the
licence is exceeded, except where he or she is assisting in
the testing of the elevating device. O. Reg. 229/81, s. 29.
31. An operator shall,
(a) be responsible for the safe operation of the driving unit of
the elevating device that he or she is operating;
(b) not operate the driving unit unless he or she has been given
a signal by an attendant to operate it or is otherwise satis-
fied that all doors or gates are closed, the device is not over-
loaded and that all safety measures have been taken to
ensure the safe operation of the elevating device;
(c) be satisfied each day that the elevating device that he or she
is operating is safe for normal operation before operating it
on that day; and
(2) The fee on an inspection shall be paid and the labour, test
load, measuring and other devices required to carry out the inspec-
tion shall be provided by,
(a) in the case of an initial inspection or subsequent inspection,
the contractor who installed or altered the elevating device;
(b) in the case of any other inspection, the owner of the elevat-
ing device. O. Reg. 229/81, s. 31.
33.— (1) An inspector may, following an inspection, require that a
part of an elevating device be sealed to prevent readjustment
thereof.
(2) No person shall remove a seal affixed under subsection (1)
without the permission of an inspector. O. Reg. 229/81, s. 32.
34.— (1) In this section,
"living expenses" means reasonable charges for sleeping accommo-
dation and meals while on duty away from home;
"travelling expenses" means reasonable charges incurred for trans-
portation,
(a) to the place where the inspection is to be made, and
(b) from the place where the inspection is made to the place
where the next inspection is to be made, or to the inspec-
tor's office, as the case may be. O. Reg. 229/81, s. 33 (1).
(2) Except where otherwise indicated in this section, the fees to
be paid on an initial or subsequent inspection of an elevating device
are those fees set out in Column 2 of Table 1 set out opposite the
type of elevating device being inspected in Column 1. O. Reg.
451/89, s. 5 (l),part.
(3) Except where otherwise indicated in this section the fee to be
paid on a periodic inspection of an elevating device is that fee set out
in Column 3 of Table 1 set out opposite the type of elevating device
in Column 1.
(d) not leave the driving unit unattended without taking mea-
sures to prevent the unauthorized use of the elevating
device. O. Reg. 229/81, s. 30.
Inspections
32.— (1) In this section and sections 16 and 34,
'initial inspection" means an inspection by an inspector of a newly
installed or altered elevating device made under section 15 of the
Act;
'subsequent inspection" means an inspection by an inspector that is
made subsequent to an initial inspection where the initial inspec-
tion reveals that the elevating device does not conform to the
requirements of the Act and this Regulation;
'periodic inspection" means an inspection by an inspector of an ele-
vating device that is made under section 27 of the Act;
'special inspection" means an inspection by an inspector,
(a) following a complaint, accident, fire or similar occurrence,
(b) under clause 6 (1) (a) or (g) of the Act,
(c) following any minor alteration of an elevating device;
'follow-up inspection" means an inspection by an inspector that is
made after a periodic inspection or special inspection where that
inspection reveals that the elevating device does not conform to
the requirements of the Act and this Regulation.
(4) The fee on a special inspection of an elevating device set out
in Column 1 of Table 1 is the basic fee set out opposite thereto in
Column 3.
(5) Where a special inspection takes place because of a com-
plaint, accident, fire or similar occurrence, the fee prescribed in sub-
section (4) shall only be charged where the inspector has determined
that the owner has failed to comply with the requirements of the Act
and regulations.
(6) Subject to subsection (7), the fee on a follow-up inspection
for an elevating device set out in Column 1 of Table 1 is 50 per cent
of the basic fee set out opposite thereto in Column 3.
(7) Where a follow-up inspection reveals that an inspector's
orders have not been completed within the time specified by the
inspector or where new orders are given, the fee on a follow-up
inspection for an elevating device set out in Column 1 of Table 1 is
the basic fee set out opposite thereto in Column 3. O. Reg. 229/81,
s. 33 (4-8).
(8) The applicable fee for an inspection of an observation eleva-
tor having a travel in excess of 30 metres and having fewer than eight
entrances is that set out in item 9 of Table 1.
(9) The applicable fee for an inspection of an elevator designed
to travel directly from ground level to an observation level and hav-
ing travel in excess of 30 metres is that set out in item 9 of Table 1 .
(10) If an inspection is unduly delayed or prolonged by reason of
an owner failing to comply with a requirement of clause 6(1) (c) or
(d) of the Act, the owner shall pay.
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r
(a) the additional fee set out in item 12 of Table 2; and
(b) all travelling expenses and living expenses, if any, necessar-
ily incurred by the inspector in connection with the inspec-
tion by reason of the delay or prolongation. O. Reg.
451/89, s. 5 {2), part.
(11) Where an inspection is performed by reason of a previously
issued order and is specially arranged to suit an owner's or contrac-
tor's schedule, the inspector's travelling expenses and living expenses
shall be paid in addition to any fee owing under this section.
O. Reg. 229/81, s. 33(12).
(12) The fee for a copy of an inspection report or other document
is the fee set out in item 16 of Table 2. O. Reg. 451/89, s. 5 (2),
part.
PART II
GENERAL TECHNICAL REQUIREMENTS
35.— (1) The welding of a steel structure on an elevating device
shall meet the requirements of CSA Standard W59-1984, Welded
Steel Construction (Metal Arc Welding).
(2) The welding of a steel structure on an elevating device shall
be undertaken by a fabricator or contractor qualified to the require-
ments of CSA Standard W47.1-1983, Certification of Companies for
Fusion Welding of Steel Structures.
(3) The field welding of piping and fittings on an elevating device
shall meet the requirements of CSA Standard B51-M1981, Code for
the Construction and Inspection of Boilers and Pressure Vessels.
O. Reg. 463/86, s. 6.
36. The machine for an elevating device shall be,
(a) capable of safely lifting the car loaded to its maximum
capacity at designed rated speed;
(b) securely fastened to its foundation to prevent it from being
moved from its fixed position;
(c) when powered by an internal-combustion engine, arranged
so as to discharge the exhaust vertically to the outdoors and
not to endanger the safety of any person; and
(d) guarded where necessary to prevent injury to persons from
gears, shafts and other hazardous equipment. O. Reg.
229/81, s. 35.
37. Where clips are permitted to fasten metal rope in an elevating
device,
(a) the minimum number of clips to be used on each rope end
shall be,
(i) two clips for rope under nine millimetres in diame-
ter,
(ii) three clips for rope nine millimetres in diameter and
over but under sixteen millimetres in diameter,
(iii) four clips for rope sixteen millimetres in diameter
and over but under nineteen millimetres in diameter;
(b) the rope end shall be bent over a heart-shaped thimble that
has a groove of a radius equal to that of the rope or shall be
provided with equivalent protection satisfactory to the
Director;
(c) the clips shall be spaced at a distance apart equal to six
times the rope diameter and not closer than four times the
rope diameter from the short end of the rope;
(d) U-type clips shall be placed so that the U bolts bear on the
short or dead end of the rope and the bases bear on the load
part of the rope; and
(e) the nuts on the clips shall not be fully tightened until after
the rope has been under load and all nuts shall be fully
tightened while the rope is still loaded. O. Reg. 229/81,
s. 36.
PART III
ELEVATORS, DUMBWAITERS, ESCALATORS,
MOVING WALKS AND FREIGHT PLATFORM LIFTS
38.— (1) Every elevator, dumbwaiter, escalator, moving walk and
freight platform lift shall meet the requirements of National Standard
of Canada CAN3-B44-M85: Safety Code for elevators.
(2) For the purpose of this Regulation, in National Standard of
Canada CAN3-B44-M85, "rated load" means "maximum capacity".
O. Reg. 463/86, s. 7.
39. Despite subsection 3 (2), rope clip fastenings shall not be
used when suspension ropes are changed on an existing elevator.
O. Reg. 463/86, s. 8.
40. Every elevator shall have a safe and convenient access to its
machine room and machinery space, and such access shall not lead
through any part of the hoistway. O. Reg. 229/81, s. 39.
41.— (1) Despite subsection 3 (2), every passenger elevator and
freight elevator shall meet the requirements of clauses 3.7, 3.8,
3. 10.8 and 3. 12.2. 17 of the code referred to in subsection 38 (1).
(2) Freight elevators installed before the 1st day of May, 1981
that do not meet the requirements of clause 2.12.2 or 2.12.3 shall
meet the requirements of clause 2.12.3. O. Reg. 463/86, s. 9.
42.— (1) Every existing passenger elevator in an apartment build-
ing or educational institution and every new passenger elevator shall
be provided at the entrance side of its car platform with a smooth
apron made of metal not less than 1.5 millimetres thick, or made of
material of equivalent strength and stiffness, reinforced and braced
to the car platform such that,
(a) it does not extend less than the full width of the widest
hoistway-door opening;
(b) it has a straight vertical face, extending below the floor sur-
face of the car-platform, of not less than 1,200 millimetres,
except that for an existing elevator this may be reduced
where the hoisting pit is not deep enough to accommodate a
larger vertical face;
(c) its lower portion is bent back at an angle not less than 60
degrees and not more than 75 degrees from the horizontal;
(d) it is securely braced and fastened in place to withstand a
constant force of 500 newtons applied at right angles to and,
(i) at 450 millimetres from the top without deflecting
more than six millimetres, or
(ii) at 1,150 millimetres from the top without deflecting
more than fifty millimetres.
md without permanent deformation. O. Reg. 229/81,
i. 41 (1);0. Reg. 803/82, s. 4.
and
s
(2) Every passenger elevator referred to in subsection (1) shall
have a pit deep enough to accommodate the apron required in sub-
section (1), and to provide a minimum twenty-five millimetres clear-
ance between the bottom edge of the apron and the pit floor when
the car is on fully compressed buffers. O. Reg. 229/81, s. 41 (2).
43. No elevator shall be operated where it is located adjacent to a
hoistway of another elevating device in which installation or alter-
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ation work is being performed and where the operation of the eleva-
tor may be hazardous to the persons performing the work, unless the
hoistways are separated from the bottom to a level a minimum of
2,000 millimetres above the point where the work is being performed
by unperforated material so supported and braced that when sub-
jected to a force of 450 newtons applied horizontally at any point the
deflection does not exceed twenty-five millimetres. O. Reg.
229/81, s. 42.
44.— (1) Every passenger elevator and freight elevator shall have
its installation number engraved or painted on the car cross-head vis-
ible from the main entrance. O. Reg. 229/81, s. 43, revised.
45. Where an existing elevator is controlled from one location
only, an attendant shall be stationed at the controls while the eleva-
tor is available for operation. O. Reg. 229/81, s. 44.
46.— (1) No person other than an attendant or a designated
freight handler or both or more than one of each of them shall ride or
be permitted to ride in a freight elevator.
(2) No person other than an attendant or a designated freight
handler shall ride or be permitted to ride in a freight platform
lift-Type B.
(3) No person shall ride or be permitted to ride on a freight plat-
form lift-Type A. O. Reg. 229/81, s. 45.
47. Where the maximum bottom counterweight runby is
restricted in an elevator design submission to less than 900 millime-
tres, the following sign, with letters at least twenty-five millimetres in
height, shall be attached to or printed on the hoistway wall in the
vicinity of the counterweight buffers of the elevator: "Warning maxi-
mum bottom counterweight runby is ". O. Reg.
463/86, s. 10,part.
48. Despite subsection 3 (2), every escalator shall be fitted with a
caution sign that meets the requirements of clause 8.10 of the code
referred to in subsection 38 (1). O. Reg. 463/86, s. 10, part,
revised.
PART IV
MANLIFTS
49. Every manlift shall meet the requirements of CSA Standard
B311-M1979, Safety Code for Manlifts and Supplement No. 1-1984
to the said code. O. Reg. 463/86, s. 11.
50. Every power type manlift shall be provided with,
(a) a top-of-car operating device; and
(b) a protective guard railing on the top of the car. O. Reg.
229/81, s. 47.
51. No person shall use a manlift except those persons designated
by the owner of the manlift as being properly trained in its operation
and use. O. Reg. 229/81, s. 48.
PARTY
PASSENGER ROPEWAYS
52. Every passenger ropeway shall meet the requirements of
National Standard of Canada CAN3-Z98-M78 Passenger Ropeways
and Supplement No. 1-1984 to the said standard. O. Reg. 463/86,
s. 12.
53. Every passenger ropeway shall be so constructed and installed
that the failure of any single, magnetically operated switch, contactor
containing metal-to-metal contacts or relay to release does not pre-
vent the passenger ropeway from stopping in response to an emer-
gency device nor permit the passenger ropeway to start or run if any
emergency stopping device is activated. O. Reg. 803/82, s. 5.
54.— (1) Every owner of a passenger ropeway shall keep a log
book in the form supplied by the Ministry, that shall be readily avail-
able to an inspector and to other persons designated by the owner.
(2) The log book referred to in subsection (1) shall include at
least,
(a) a daily operation and maintenance record; and
(b) non-destructive testing, inspection, and maintenance
records of chair grips, chair hangers, and ropes.
(3) The log book shall be retained at the location of the passenger
ropeway for a period of,
(a) at least two years for records referred to in clause (2) (a);
and
(b) at least ten years for records referred to in clause (2) (b).
O. Reg. 229/81, s. 51.
55. In addition to the signs required by the code referred to in
section 52, the following signs shall be erected with a minimum of
100 millimetres in height and eleven millimetres in width for each
letter:
1. "NO ADMITTANCE", at the entrance to every machine
2. "TOW GRIPPERS PROHIBITED", at the loading area of
every rope tow.
3. "RAISE SAFETY BAR", at the approach to the unload-
ing area of every chair lift.
4. "EMERGENCY STOPPING DEVICE", at every emer-
gency stopping device, including safety gates. O. Reg.
229/81, s. 52.
56. Every person who is wearing skis and who is using a rope tow,
bar lift or chair lift shall be equipped with,
(a) safety straps between each boot and the ski fastened
thereto; or
(b) skis that have arresting devices installed on the skis to pre-
vent the runaway of a ski should a ski binding release.
O. Reg. 229/81, s. 53.
57.— (1) Every bar lift and rope tow shall,
(a) be equipped with an anti-rollback device located on the
drive or return bullwheel;
(b) be so designed and maintained that a skier can be trans-
ported to the extreme limits of travel without losing contact
with the ground or snow surface, including the distance
between the safety gate and the point where an unloaded
rope stops following activation of the safety gate;
(c) be so constructed that when an emergency stop control is
actuated, the hauling rope does not coast more than 75 per
cent of the minimum spacing of passengers on the tow or
lift;
(d) be so constructed that, where a brake is used in order to
obtain conformance with the requirement of clause (c) and
the code referred to in section 52, the brake shall,
(i) be electrically released,
(ii) be applied automatically when the power source is
removed, and
(iii) not be connected across the armature or field of a
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direct current driving motor,
s. 54 (1); O. Reg. 803/82, s. 6.
O. Reg. 229/81,
(2) A return rope of a fibre rope tow may be carried on sheaves
over the uphill ski track provided the rope is prevented from jumping
out of the sheaves by guards and is kept out of the skier's reach.
O. Reg. 229/81, s. 54(2).
58.— (1) Every chair lift or gondola lift shall,
(a) have a service brake that is located so that there is no
clutch, V-belt or chain drive or similar device between the
brake and the driving bullwheel;
(b) be so equipped that the auxiliary internal combustion
engine that drives the circulating rope is rendered inopera-
tive should a tower or any other safety stop switch or gate
be actuated; and
(c) be equipped with a readily available service and inspection
platform carrier and that is equipped with a two-way radio-
phone or an alternative equivalent system acceptable to the
Director.
(2) The engine referred to in clause (1) (b) shall be tested each
day prior to the operation of the chair lift or gondola lift, as the case
may be. O. Reg. 229/81, s. 55 (1, 2).
(3) Where a platform carrier referred to in clause (1) (c) is
affixed to a lift line by means of rope grips that use friction as a grip-
ping method, clamping devices shall be installed in front and behind
the grip of the platform carrier.
(4) A clamping device referred to in subsection (3) shall be so
designed so as not to cause any damage to the hauling rope sheave,
bull-wheel or the liners of the sheave or bull-wheel. O. Reg.
463/86, s. 13.
59. Each chair of a chair lift shall be equipped with a safety
restraining bar that will not release without a positive action by a pas-
senger when the safety restraining barris closed. O. Reg. 229/81,
s. 56. —
PART VI
CONSTRUCTION HOISTS
60.— (1) Subject to subsection 3 (2), every construction hoist shall
comply with the following codes except that where a provision of a
code is inconsistent with the Act and this Regulation the provisions
of the Act and this Regulation shall prevail:
1. Workmen's rail-guided construction hoist, CSA Standard Z
185 — 1975, Safety Code for Personnel Hoists, including
revisions No. 1 to 7— 1977 and revisions No. 8 to 31 — 1979.
2. Workmen's rope-guided construction hoist, American
National Standard ANSI A 10.22-1977, Safety Require-
ments for Rope-guided and Non-guided Workmen's Hoist.
3. Material construction hoist, CSA Standard Z 256—1972,
Safety Code for Material Hoists, including revisions No. 1
to 19—1974, and revision No. 20—1977, and revisions No.
21 to 32- 1979.
(2) For the purpose of this Regulation, "rated load" or "rated
loading" in the codes referred to in subsection (1) means "maximum
capacity". O. Reg. 229/81, s. 57.
61.— (1) Every construction hoist shall be so designed that the car
movement in both the up and down directions is continuously con-
trolled by power.
(2) A material construction hoist that is equipped with a broken-
rope type safety shall not be licenced unless a type test indicates that
the safety is capable of stopping the car when it is free falling with its
rated load.
(3) Subsection (1) does not apply to a hoist that is equipped with
a load-carrying unit in the form of a bucket. O. Reg. 463/86, s. 14.
62.— (1) Where the load-carrying unit of a workers' rope-guided
construction hoist passes through a restricted area at a platform or
floor, a control device that positively and automatically lowers the
speed of the load-carrying unit to that specified in the related design
submission while the load-carrying unit passes through the restricted
area shall be installed on the hoist except where the design submis-
sion indicates that no speed limitation is required.
(2) In lieu of the control device referred to in subsection (1), an
operator utilizing a system of signals may be used to manually con-
trol the speed of the hoist. O. Reg. 229/81, s. 59.
63.— (1) Every workers' rail-guided construction hoist, shall while
in operation, be attended by an attendant who shall be stationed in
the load-carrying unit, and who shall operate the construction hoist
and also supervise the loading, passage and unloading of persons and
freight.
(2) Every material construction hoist shall while in operation be,
(a) attended by one or more attendants stationed at each loca-
tion where freight is being loaded or unloaded; and
(b) operated by,
(i) an attendant stationed at the location of the operat-
ing devices, provided that the operating devices can
be automatically rendered inoperative should any
unsafe condition for operation of the construction
hoist exist, or
(ii) an operator stationed at the driving unit, where the
driving unit and its operating devices cannot auto-
matically be rendered inoperative should an unsafe
condition for operation of the construction hoist
exist.
(3) Subsections (1) and (2) apply with necessary modifications to
the providing of attendants and operators for workers' rope-guided
construction hoists. O. Reg. 229/81, s. 60.
PART VII
ELEVATING DEVICES FOR THE HANDICAPPED
64. Every elevating device for the handicapped shall comply with
National Standard of Canada CAN3-B355-M81, Safety Code for
Elevating Devices for the Handicapped. O. Reg. 463/86, s. 16,
part.
65.— (1) Every owner of a vertical platform lift— Type D and
every owner of a stair platform lift— Type D or stairchair lift shall
ensure that the public does not have access to the area where the lift
is installed while the lift is in operation.
(2) Subsection (1) does not apply in the case of a stair platform
lift— Type D or stairchair lift where,
(a) the owner of the lift is able to control and identify persons
who will be using the lift or the area where the lift is
installed and the owner familiarizes those persons in
advance of using the area or lift with the safety rules and
procedures concerning the use of the area and the lift; and
(b) the lift meets the requirements of section 69. O. Reg.
463/86, s. \b,part.
66. The owner of an elevating device for the handicapped shall
ensure that.
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ELEVATING DEVICES
Reg./Règl. 316
(a) the device is used primarily for the transportation of handi-
capped persons;
(b) the operation of the device is restricted to attendants desig-
nated by the owner or those persons who in the opinion of
the owner are able to use the device without an attendant,
and
(c) the persons using the device receive instruction and training
that emphasizes the hazards associated with improper use
of the device. O. Reg. 463/86, s. 16, part.
67.— (1) The operation of the load carrying unit of an elevating
device for the handicapped shall be by means of a key-control for the
operating device as set out in subsection (2) or by a method accept-
able to the Director that provides the same degree of safety.
(2) A key-control for an operating device may be by means of an
on/off lockable switch located near and controlling one or more
operating devices or each operating device may be directly key-con-
trolled.
(3) The key for a key-control for an operating device shall be
removable only when the switch is in an "off [X)sition. O. Reg.
803/82, s. l,parl.
68. Every owner of an elevating device for the handicapped that
serves a building or part thereof that may be frequented by persons
not previously designated by the owner shall,
(a) establish a procedure that will enable a handicapped person
to gain access to and use the device; and
(b) ensure that an attendant is available to operate the device
when a handicapped person not designated by the owner
under clause 66 (b) requires use of the device. O. Reg.
463/86, s. 16, part.
69. Where a stair platform lift— Type D or stairchair lift is being
operated at the same time that other persons are using the area in
which the lift is installed,
(a) audio-visual signals shall be emitted that can be heard by
persons using the lift and by persons in the area where the
lift is installed until the lift is parked in a safe position at a
terminal; and
(b) every leading edge or surface of that portion of the lift and
its carriage that carries the passengers in both directions of
travel shall be equipped with sensitive devices that meet the
requirements of clause 7.5.4 of the code referred to in sec-
tion 64 and that are operational whenever the carriage is in
motion. O. Reg. 463/86, s. 16, part.
70.— (1) A person shall only operate a vertical platform lift— Type
D, a stair platform lift— Type D or a stairchair lift if the person is sat-
isfied that only persons using the lift have access to the area where
the lift is installed.
(2) Subsection (1) does not apply to a person operating a stair
platform lift— Type D or a stairchair lift while other persons are
using the area in which the lift is installed where,
(a) the conditions set out in subsection 65 (2) exist;
(b) the person operating the lift is an attendant and has, while
operating the lift in the folded down position, a clear view
of the lift runway in the direction of its movement by walk-
ing along with the carriage while it is in motion or has by
being stationed at a point, a clear view of the runway;
(c) the person using the lift has, while using the lift, a clear
view of the lift runway in the direction of travel; and
(d) the audio-visual signals required under clause 69 (a) are
operational. O. Reg. 463/86, s. I6,part.
71.— (I) A notice that the use of an elevating device for the handi-
capped is restricted to handicapped persons shall be posted at each
location of a device, at landing or runway entrances of the device and
at the load carrying unit of the device. O. Reg. 803/82, s. 7, part.
(2) The procedure required under clause 68 (a) shall be posted in
the form of a notice at the entrance to the building to which it applies
or, where the elevating device is readily accessible, at the location of
the elevating device.
(3) Where an attendant is required for an elevating device under
clause 68 (b) and an attendant is not permanently stationed at the
location of the elevating device, a notice shall be posted at the
entrance to the elevating device that indicates the procedure to be
followed to obtain assistance.
(4) Where subsection 70 (2) applies, a notice shall be posted at
the entrance to the elevating device that cautions the user to observe
the lift runway for possible obstructions.
(5) The notice referred to in subsection (4) shall where a full view
of the entire lift runway is restricted indicate that the operation of a
folded down carriage is not permitted. O. Reg. 463/86, s. 17.
72.— (I) In addition to those requirements set out in sections 7 and
8, the design submission for an elevating device for the handicapped
shall include a detailed report completed on a form supplied by the
Ministry from the person who intends to have the elevating device
installed, in which the proposed methods of compliance with sections
65 to 69 shall be described.
(2) Where there is a change in the ownership of an elevating
device for the handicapped or a substantive change in the type of
occupancy of a building in which an elevating device for the handi-
capped is installed, the owner of the elevating device shall submit to
the Director a detailed report on a form supplied by the Minister in
which the proposed methods of compliance with sections 65 to 69
shall be described. O. Reg. 803/82, s. l,parl.
456
Reg./Règl.316
ASCENSEURS ET APPAREILS DE LEVAGE
Reg./Règl. 316
TABLE 1
Fees
Item
Column 1
Column 2
Column 3
Column 4
Initial
and
Subsequent
Inspection
Other
Inspection
Design
Submission
For New
Installation
and Major
Alteration
1.
Elevator, other than an inclined elevator,
serving ten floors or less (basic); plus item 2
$200.00
$100.00
$200.00
2.
Elevator, other than an inclined elevator,
for each additional floor served exceeding
ten floors
15.00
10.00
15.00
3.
Construction Hoist— ten entrances or less
and thirty metres of mast or tower (basic);
plus items 4 and 5
200.00
100.00
200.00
4.
Construction Hoist— for each additional
three metres or part thereof of mast or
tower
2.00
2.00
2.00
5.
Construction Hoist— for each entrance over
ten entrances
10.00
10.00
6.
Escalator, manlift, moving walk, stage-lift
(per section)
200.00
100.00
200.00
7.
Elevating devices for the Handicapped
50.00
50.00
50.00
8.
Freight Platform Lift, Rope Tow,
Dumbwaiter
150.00
75.00
200.00
9.
(a) Chair Lift— up to and including ten
towers; plus item 1 1
(b) Gondola Lift— up to and including
ten towers; plus item 1 1
(c) Reversible Ropeway— up to and
including ten towers; plus item 1 1
(d) Funicular Railway— up to and
including ten towers; plus item 1 1
500.00
250.00
500.00
10.
(a) Bar Lift— up to and including ten
towers; plus item 1 1
(b) Inclined Elevator
300.00
150.00
300.00
11.
For each tower in excess of ten towers
30.00
15.00
30.00
12.
Special installation— per person, per hour
(minimum two hours)
80.00
80.00
100.00
TABLE 2
Fees
O. Reg. 451/89, s. (>,part.
Item
Column 1
Column 2
1.
Licence— Initial
$100.00
2.
Licence— Renewal or duplicate
50.00
3.
Licence— Transfer
50.00
4.
Licence— Temporary
400.00
5.
Installation plate— duplicate (see subsection 22 (5))
50.00
457
Reg./Règl.316
ELEVATING DEVICES
Reg./Règl. 316
iTIiM
Column 1
Column 2
6.
Registration of a design submission for a revision subsequent to initial registration for one elevating
device
$100.00
7.
Registration of a design submission for a standard design submission, new
400.00
8.
Registration of a design submission for a standard design submission, revised
200.00
9.
Registration of a design submission for a minor alteration for one elevating device
200.00
10.
Copy of an inspection report or other document
30.00
11.
Inspection status summary (covering up to six devices at one location)
60.00
12.
Excess time charge for delaying or prolonging inspection, (per person per hour, minimum one
hour)
80.00
13.
Filing of notification of a minor alteration— Type B
50.00
14.
Filing of certification or an engineering test report of an elevating device component
300.00
15.
Preliminary review of the design of an elevating device or component, including an assessment of
acceptability for a variance from adopted codes (per person per hour)
100.00
O. Reg. 451/89, s. 6,paH.
TABLE 3
Fees— Contractor's Registration
Item
Column 1
Column 2
Column 3
Initial
Annual
1.
Elevators
$500.00
$300.00
2.
Construction Hoists
500.00
300.00
3.
Any Class other than Elevators or Construction Hoists, each class
200.00
100.00
4.
Limited Scope (see Note 1), Limited maintenance or installation or
both, each class
200.00
100.00
5.
Limited Scope (see Note 1), Limited to testing by consultants regardless
of number of classes
400.00
400.00
6.
Plus — for each mechanic, mechanic in training and supervisor
employed in the previous year (this does not include registrations under
item 7)
20.00
7.
Maintenance by owner for each maintained elevating device, up to a
maximum as in items 1, 2 and 3 (see Note 2)
15.00
15.00
Notes:
1 . A contra
ctor's registration is limited in scope when it is limited to specific functions
2. Ifregistr
ation is limited to the maintenance of elevating devices that are under cont
ractor's ownership.
O. Reg. 451/89, s. 6, part.
458
Reg./Règl. 317
Reg./Règl. 317
Employee Share Ownership Plan Act
Loi sur le régime d 'actionnariat des employés
REGULATION 317
FORMS
1. An annual return to be filed by an administrator under para-
graph 7 of subsection 2 (2) of the Act shall be in Form 1. O. Reg.
362/88, s. 1.
2. An application for certification of an employee group under
subsection 4 (3) of the Act shall be in Form 2. O. Reg. 362/88, s. 2.
3. An application for registration of an employee share owner-
ship plan under subsection 5 (1) of the Act shall be in Form 3.
O. Reg. 362/88, s. 3.
4. A certificate of eligibility under subsection 7(1) of the Act
shall be in Form 4. O. Reg. 362/88, s. 4.
5. An annual return to be filed by an eligible corporation under
subsection 9 (1) of the Act shall be in Form 5. O. Reg. 362/88, s. 5.
6. An employee grant application under subsection 12 (1) of the
Act shall be in Form 6. O. Reg. 362/88, s. 6.
7. An investment confirmation certificate under paragraph 7 of
subsection 2 (1) and clause 12 (3) (a) of the Act shall be in Form 7.
O. Reg. 362/88, s. 7.
8. A corporation grant application under subsection 13 (1) of the
Act shall be in Form 8. O. Reg. 362/88, s. 8.
9. An employee group grant application under subsection 14 (1)
of the Act shall be in Form 9. O. Reg. 362/88, s. 9.
10. A notice of objection under subsection 17 (3) of the Act shall
be in Form 10. O. Reg. 362/88, s. 10.
11. A statement of disposition of shares under subsection 5 (3) of
Regulation 318 of Revised Regulations of Ontario, 1990. O. Reg.
362/88, s. 11.
459
Reg./Règl. 317
EMPLOYEE SHARE OWNERSHIP PLAN
Reg./RègL 317
Ministry Employee Share
of Ownership Plan
Revenue Program
Ontario
Fonnl
Employee Share Ownership Plan Act
ANNUAL RETURN-ADMINISTRATOR
Administrator— Name
Address (if changed)
Telephone No. (if changed)
Corporation Name
ESOP Registration No.
I certify that on , I was holding ..
(Date)
. shares in escrow under the above mentioned corporation's Employee Share Ownership Plan.
Date
Authorized Administrator— Signature
Print Name
The information provided in this annual return will be used to verify the number of shares held in escrow under the Ontario ESOP Program.
Annual Return Information
This return must be filed with the Ministry of Revenue every year within 90 days of the anniversary date of the Registration of the ESOP as shown in the Certificate of Eligibility issued to the Cor-
poration.
Ministère Programme
du d'actionnariat
Revenu des employés
Ontario
Formule 1
Loi sur le régime d'actionnariat des employés
DÉCLARATION ANNUELLE-ADMINISTRATEUR
Nom de l'administrateur
Adresse (en cas de changement)
N° de téléphone (en cas de changement)
Dénomination sociale de la personne morale
N° d'inscription du régime
J'atteste que le , je détenais actions en dépôt aux termes du
(Date)
régime d'actionnariat des employés de la personne nx>rale mentionnée ci-dessus.
Date
Administrateur autorisé-Signature
Nom (en lettres moulées)
Les renseignements tournis dans la présente dédaration annuelle seront utilisés pour vérifier le nombre d actions déposée en main tierce conformément au programme ontarien d'actionnariat
des employés.
Renseignements sur la déclaration annuelle
La présente déclaration doit être déposée au ministère du Revenu chaque année, au plus tard 90 jours après l'anniversaire de la date de l'inscription du régime dactionnanat des employés qui
est indiquée sur le certificat d'admissibilité délivré à la personne morale.
O. Reg. 362/88, Form I, revised.
460
Reg./Règl. 317
REGIME D'ACTIONNARIAT DES EMPLOYES
Reg./Règl. 317
Ministry Employee Share
of Ownership Plan
Revenue Program
Ontario Finistère Programme
du d'actionnariat
Revenu des employés
Employer / Employeur
Form 2
Formule 2
Employee Share Ownership Plan Act
Loi sur le régime d 'actionnariat des employés
APPLICATION FOR CERTIFICATION AS
AN EMPLOYEE GROUP
DEMANDE D'AGRÉMENT DUN
GROUPE D'EMPLOYÉS
Name of Employer / Nom de l'emptoyeur
Telephone Number / Numéro de téléphone
Address / Adresse
Employee Group / Groupe d'employés
Name of Group / Atom du groupe
Mailing Address / Adresse postale
Group Representative(s) / Représemant(sl du groupe
NamelNom
Telephone Number / Numéro de téléphone
Telephone Number / l^méro de téléphone
tiame / Nom
Telephone Number / Numéro de téléphone
NamelNom
Telephone Number / Numéro de téléphone
Authorization of Representatrve{s) and Request for Group Certification /
Autorisation du ou des représentants et demande d'agrément du groupe
We, employees of
Nous sous signé(e)s. employés de
us in the negotiation, evaluation and implementation of an Employee Share Ownership Plan.
dessus à nous représenter lors de la négociation, de l'évaluation et de la mise en oeuvre d'un régime d'actionnariat des employés.
We hereby apply for certification as an employee group under the Employee Share Ownership Plan Act.
Nous demandons, par la présente, que notre groupe soit agréé en vertu de la Loi sur le régime d'actionnariat des employés.
, authorize the person(s) named above to represent
autorisor^ la ou les personnes mentionnées ci-
Date
Employee Signature / Signature de remployé
Print Name / Nom (en lettres moulées)
The information provided in this application will be used to determine the eligibility of an employee group for certification under the Ontaho ESOP program.
Las renseignements fournis dans ta présente demande serviront à déterminer si te groupe d employés peut être agréé dans le cadre du programme ontarien d'actionrt^iat des employés.
Application Information
Group Representative(s) : A group representative is someone cfK>sen by the members of tt>e employee group to act on their behalf on ESOP matters.
Authorization of Representative(s) and Request for Group Certification: All individuals signing in this area of the form must be employees of the corporation.
Renseignements sur la demarvie
Représentant(s) du groupe : Le ou les représentants du groupe doivent être choisis par les membres du groupe d'employés pour intervenir en leur r)om sur les questions relatives au régime
d'actionnariat des employés.
Autorisation du ou des représentant(s) et demarxie d'agrément du groupe . Les particuliers qui signent cette section doivent être des employés de la personne morale.
O. Reg. 362/88, Form 2, revised.
461
Reg./Règl. 317
EMPLOYEE SHARE OWNERSHIP PLAN
Reg./Règl. 317
Ministry Employee Share
of Ownership Plan
Revenue Program
Ontario
Identification
Form 3
Employee Share Ownership Plan Act
APPLICATION FOR REGISTRATION
Name of Corporation (include full name)
Operating Name (if different)
Address of Registered Office
Mailing Address (if different)
Jurisdiction Incorporated
Corporations Tax Account Number
1 1 1 1 1 1 1
Telephone Number
( )
Business Activities of Corporation
Number of Employees Resident in Ontario
Financial Data
Last Taxation Year-end
Total Salaries and Wages .
Salaries and Wages Allocated to Ontario .
Month
Day
($ '000)
Total Assets of Corporation (including Associated Corporations and Partnerships) .
Total Gross Revenues of Corporation (including Associated Corporations and Partnerships)
For fiscal periods less the 365 days please annualize gross revenues
The following documents must be submitted with this application:
• Employee Share Purchase Agreement
• Escrow Agreement
• Articles of Incorporation and Amendments
' Financial Statements of the Corporation for the Last Taxation Year
' If there are Associated Corporations and Partnerships, please submit consolidated
financial statements. If unavailable complete the Consolidation Worksheet.
Certification
I am an authorized signing officer of the corporation and all statements made in this Application for Registration are true, correct and complete.
Date
Signature
Print Name
The information provided in this application mil be used to detennine eligibility for share ownership plan registration under the Ontario ESOP program.
Application Information
Financial Data
All data provided in tfiis section relates to the corporation's last taxation year ending before tfie date of application for registration of an employee sfiare ownersf)ip plan.
Salaries and Wages Allocated to Ontario: This allocation is to be made in the same manner as the salaries and wages allocation under the Corporations Tax Act.
Documents to be Submitted
Employee Share Purchase Agreement and Escrow Agreement: Copies of the documents approved by the Ministry during the pre-application review process.
Articles of Incorporation and Amendments: Certified copies of the corporation's articles of incorporation and of any amendments to those articles.
462
Reg./Règl. 317
REGIME D'ACTIONNARIAT DES EMPLOYES
Reg./Règl. 317
Consolidation Worksheet
For Assets and Gross Revenues of Associated Corporations and Partnerships
Name of Associated Corporation/Partnership (A)
Name of Associated Corporation/Partnersfiip (B)
Total Assets per
Financial Statements
Add:
Assets Written Down
Against Income and
Undivided Profits
Adjusted Total Assets
Deduct:
Intercompany Investments
and Debts
Total
ASSETS $
Ck>rporation
Associated Corporation/
Partnership (A)
Associated Corporation/
Partnership (B)
Totals
Gross Revenues per
FinarKial Statements
Deduct:
lnterconr>par>y
Transactions
DifferenceH'otal
Annualized Gross
Revenues (Ratio of 365 to
the number of days in
the taxation yem)
GROSS REVENUES $
-
Associated Corporation: The definition to be applied is that contained in section 256 of the Income Tax >tot (Canada) and includes corporations that would be Associated Corporations under
that section if the corporations had been incorporated in Canada.
Assets Written Down Against Income and Undivided Proltts: The amount by which the value of any asset of the corporation (or associated corporations or partnerships as applicable) has
been written down and deducted from its income or undivided profits where such amount is not deductible in the calculation of its taxable income for the current and all prior taxation years under
Part I of the Income Tax Act (Canada).
463
Reg./Règl.317
EMPLOYEE SHARE OWNERSHIP PLAN
Reg./Règl.317
Ministère Programme
du d'actionnariat
Revenu des employés
Ontario
Formule 3
Loi sur le régime d'actionnariat des employés
DEMANDE D'INSCRIPTION
Dénomination sociale de la personne morale (au complet)
Nom sous lequel elle mène ses activités (si différent)
Adresse du siège social
Adresse postale (si différent)
Compétence législative où elle a été constituée
N° de compte au fisc
Numéro de téléphone
{ )
Type d'activités
Nombre d'employés habitant en Ontario
Information financière
Fin de la dernière année d'imposition ,
Total des salaires versés
Année
Mois
(en milliers de dollars)
Salaires versés en Ontario .
Total de l'actif de la personne morale (y comphs des personnes morales et
sociétés en nom collectif avec lesquelles elle a un lien)
Total du produit brut de la personne morale (y compris des personnes morales et
sociétés en nom collectif avec lesquelles elle a un lien)
Remarque : Pour les périodes d'imposition de moins de 365 jours, donnez le chiffre sur une base annuelle .
Joignez à ta présente demande les documents suivants :
• Contrat d'achat d'actions de l'employé
• Contrat d'entiercement
■ Statuts de constitution et modif cations
' États financiers de la personne morale pour la dernière année d'imposition
' Si la personne morale a un lien avec d'autres personnes morales ou sociétés en nom
collectif, veuillez soumettre les états financiers consolidés ou remplir la grille de
consolidation.
Attestation
Je suis aiJtohsé(e) à signer pour la personne morale et j'atteste que toutes les déclarations faites dans la présente demande d'inscription sont véridiques, exactes et complètes.
Date
Signature
Nom (en lettres moulées)
Les renseignements fournis dans le présente demande serviront à déterminer si le régime d'actionnariat des employés faisant l'objet de la présente peut être inscrit au programme ontarien
d'actionnariat des employés.
Renseignements sur la demande
Information financière
Toute l'information fournie dans la présente section doit porter sur la dernière année d'imposition de la personne morale tenninée avant la date de la demande d'enregistrement d'un régime
d'actionnariat des employés.
Salaires versés en Ontario : Il faut calculer cette affectation selon la méthode utilisée en vertu de la Loi sur l'imposition des corporations.
Documents à soumettre
Contrat d'achat d'actions de l'employé et contrat d'entiercement : Copies de ces documents approuvés par le ministère au cours de l'examen préliminaire de la demande.
Statuts de constitution et modifications : Copies certifiées conformes des statuts de constitution de la personne morale et de toute modification de ces statuts.
464
Reg./Règl. 317
REGIME D'ACTIONNARIAT DES EMPLOYES
Reg./Règl. 317
Consolidation des éléments
d'acHf et du produit brut des personnes nrorales et des sociétés en nom collectif qui ont un lien avec la personne morale
Nom de la personne morale ou société liées (A)
Nom de la personne morale ou société liées (A)
Actif total d'après tes
états financiers
Plus:
Élénrwnts d'actif déduction
faite du bénéfice net et des
bénéfices non répartis
Actif total redressé
Moins :
Placements et dettes
entre compagnies
Total
ACTIF $
Personne morale
Personne morale/
société liée (A)
Personne morale/
société liée (B)
Totaux
Produit brut d'après les
états financiers
Moins:
Opérations entre
compagnies
ÉcaiVTotal
Produit brut sur une base
annuelle (Proportionnellement à
365 jours selon le nombre de
jours de l'année d'imposition)
PRODUIT BRUT $
— ■
Personnes morales qui ont un lien : La définition de «personne morale qui a un lien» est la même que celle de «corporation associée» donnée à l'article 256 de la Loi de l'impôt sur le revenu
(Canada) et comprend les personnes morales qui auraient été considérées comme telles en vertu de cet article si elles avaient été constituées au Canada.
Éléments d'actif déduction faite du bénéfice net et des bénéfices non répartis : Montant représentant la valeur de tout élément d'actif de la personne morale (ou des personnes morales
ou sociétés qui ont un lien avec la personne morale) déduction faite du bénéfice net ou des (bénéfices non répartis correspondants lorsque ce montant n'est pas déductible du revenu imposable
pour l'année en cours et toutes les années d'imposition précédentes en vertu de la Partie I delà /.o/ de /'/mpôfsur te revenu (Canada).
O. Reg. 362/88, Form 3, revised.
465
Reg./Règl. 317
EMPLOYEE SHARE OWNERSHIP PLAN
Reg./Règl. 317
Form 4
Formule 4
Employee Share Ownership Plan Act
Loi sur le régime d 'actionnariat des employés
CERTIFICATE OF ELIGIBILITY
CERTIFICAT D'ADMISSIBILITÉ
Ontario
This is to certify that / La présente certifie que
has registered with the Ministry of Revenue an
Employee Share Ownership Plan which meets
the eligibility requirements of the Employee
Share Ownership Plan Act.
a inscrit au ministère du Revenu un régime
d'actionnariat des employés qui est conforme aux
critères d 'admissibilité prévus par la Loi sur le
régimes d'actionnariat des employés.
Registration Number / Numéro
d'inscription
Date of Registration / Date
d 'inscription
Authorized Official / Fonctionnaire
délégué
Minister of Revenue /Mmisfre du
Revenu
O. Reg. 362/88, Form 4, revised.
466
Reg./Règl. 317
REGIME D'ACTIONNARIAT DES EMPLOYÉS
Reg./Règl. 317
Ministry Employee Share
of Ownership Plan
Revenue Program
Ontario
Identification
Form 5
Employee Share Ownership Plan Act
ANNUAL RETURN - CORPORATION
Name of Corporation (include full name)
ESOP Registration Number
Mailing Address (if cfianged)
Number of Employees Resident in Ontario
Financial Data
Last Taxation Year-^id
Total Salaries and Wages
Salaries and Wages Allocated to Ontario .
Year
Month
Day
1
($000)
Total Assets of Corporation (including Associated Corporations/Partnerstiips) .
Total Gross Revenues of Corporation (including Associated Osrporations/Partnarstiips)
For fiscal periods less the 365 days please annualize gross revenues
The following documents must t>e submitted with this Annual Return :
• Amendments to Articles of Incorporation
• Financial Statements of the Corporation for the Last Taxation Year
• If there are Associated Corporations and Partnerships, please submit consolidated financial statements. If unavailable complete the Consolidation Worksheet.
Certification
I am an authorized signing officer of the corporation and an statements made in this Annual Return are true, correct and complete.
Date
Signature
Print Name
The information pnvided in this application wHI be used to determine eiigit)ility for share owrwrship pian registration under the On^rio ESOP program.
Annual Return Information
Following the registration of its employee share ownership plan, a corporation must file an Annual Return with tf>e Ministry of Revenue within 180 days of the end of each téixation year of the
corporation.
Rnendal Data
All data provided in this section relates to the corporation's last taxation year ending before the date that the Annual Return is required to be filed.
SalariesarKl Wages Allocated to Ontario: Tills alkx^ation is to be made in the sarne manner as the salaries and wages allocation un^ Corporations Tax Act.
Documents to be Submitted
Amendments to the Articles of Incorporation: Certified copies of any amendments to the corporation's articles of Incorporation which have been made since the corporation applied for registra-
tion of Its employees share ownership plan (or since the filing of its last Annual Return).
Consolidation Worksheet
For Assets and Gross Revenues of Associated Corporations and Partnerships
Name of Associated Corporation/Partnership (A)
Name of Associated Corporation/Partnership (B)
467
Reg./Règl. 317
EMPLOYEE SHARE OWNERSHIP PLAN
Reg./Règl. 317
Total Assets per
Financial Statements
Add:
Assets Written Down
Against Income and
Undivided Profits
Adjusted Total Assets
Deduct:
Intercompany Investments
and Debts
Total
ASSETS $
Corporation
Associated Corporation/
Partnership (A)
Associated Corporation/
Partnership (B)
Totals
Gross Revenues per
Financial Statements
Intercompany
Transactions
Difference/Total
Annualized Gross
Revenues (Ratio of 365 to
the number of days in
the téixation year)
GROSS REVENUES $
Associated Corporation: The definition to be applied is that contained in section 256 of the lncx>me Tax Act (Canada) and includes corporations that would be Associated Corporations under
that section if the corporations had been incorporated in Canada.
Assets Written Down Against Income and Undivided Proffls: The amount by which the value of any asset of the corporation {or associated corporations or partnerships, as applicable) has
been written down and deducted from its income or undivided profits where such amount is not deductible in the calculation of its taxable income for the current and all prior taxation years under
Part I of the Income Tax Act (Canada).
468
Reg./Règl. 317
REGIME D'ACTIONNARIAT DES EMPLOYES
Reg./Règl. 317
Ministère Programme
du d'actionnariat
Revenu des employés
Ontario
Formule 5
Loi sur le régime d'actionnariat des employés
DÉCLARATION ANNUELLE - PERSONNE MORALE
Identification
Dénomination sociale de la personne morale (au complet)
N° d'inscription du régime
Adresse postale (en cas de changement)
Nombre d'employés habitant en Ontario
Information financière
Rn de la dernière année d'imposition .
Total des salaires versés
Année
1
Mois
Jour
(en milliers de dollars)
Salaires versés en Ontario .
Total de l'actif de la personne morale (y compris des personnes morales et
sociétés en nom collectit avec lesquelles elle a un lien)
Total du produit brut de la personne morale (y compris des personnes morales et
sociétés en nom collectif avec lesquelles elle a un lien)
Remarque : Pour les périodes d'imposition de moins de 365 jours, donnez le chiffre sur une base éinnuelle .
Joignez à la présente demande les documents suivants :
• Modifications des statuts de constitution
• États fInarKiers de la personne nwrale pour la dernière année d'imposition
• Si la personne morale a un lien avec d'autres personnes morales ou sociétés en nom collectif, veuillez soumettre les états financiers consolidés ou remplir la grille de consolidation.
Attestation
Je suis autorisé(e) à signer pour la personrre morale et j'atteste que toutes les déclarations fartes dans la présente déclaration annuelle sont véridiques, exactes et complètes.
Date
Signature
Nom (en lettres moulées)
Les renseignements fournis dans la présente déclaration serviront à déterminer si le régime d'actionnariat des employés faisant l'objet de la présente peut être inscrit au programme ontarien
d'actionnariat des employés.
Renseignements sur la déclaration annuelle
Une fois son régime d'actionnariat des employés inscrit, la personne morale doit déposer une déclaration annuelle au ministère du Revenu dans les 1 80 jours suivant la fin de chacune de ses
années d'imposition.
Information financière
Toute l'information fournie dans la présente section doit pwrter sur la dernière année d'imposition de la personne morale terminée avant la date à laquelle elle doit déposer la déclaration
annuelle.
Salaires versés en Ontario : Il faut calculer cette affectation selon la méthode utilisée en vertu de la Loi sur l'imposition des corporations.
Documents à soumettre
Modifications des statuts de constitution : Copies certifiées conformes de toute modification des statuts de constitution de la personne morale depuis qu'elle a fait une demande d'inscription de
son régime d'actionnariat des employés (ou depuis le dépôt de la dernière déclaration annuelle).
Consolidation des éléments
d'actif et du produit brut des personnes morales et des sociétés en nom collectif qui ont un lien avec la personne morale
Nom de la personne morale ou société liée (A)
Nom de la personne morale ou société liée (B)
469
Reg./Règl. 317
EMPLOYEE SHARE OWNERSHIP PLAN
Reg./Règl. 317
Actif total d'après les
états financiers
Plus:
Éléments d'actif déduction
faite du bénéfice net et des
bénéfices non répartis
Actif total redressé
Placements et dettes
entre compagnies
Total
ACTIF $
Personne morale
Personne morale/
société liée (A)
Personne morale/
société liée (B)
Totaux
Produft brut d'après les
états financiers
Opérations entre
compagnies
Écart/Total
Produit brut sur une base
annuelle {Proportionnellement à
365 jours selon le nombre de
jours de l'année)
PRODUIT BRUTS
Personnes morales qui ont un lien : La définition de «personne morale qui a un lien» est la même que celle de «corporation associée» donnée à l'article 256 de la Loi de l'impôt sur le revenu
(Canada) et comprend les personnes morales qui auraient été considérées comme telles en venu de cet article si elles avaient été constituées au Canada.
Éléments d'actif déduction faite du bénéfice net et des bénéfices non répartis : Montant représentant la valeur de tout élément d'actif de la personne morale {ou des personnes morales
ou sociétés qui ont un lien avec la personne morale) déduction faite du bénéfice net ou des bénéfices non répartis correspondants lorsque ce montant n'est pas déductible du revenu imposable
pour l'année en cours et toutes les années d'imposition précédentes en vertu de la Partie I de la Loi de l'impôt sur le revenu (Canada).
O. Reg. 362/88, Form 5, revised.
470
Reg./Règl. 317
REGIME D'ACTIONNARIAT DES EMPLOYES
Reg./Règl. 317
Ministry Employee Share
of Ownership Plan
Revenue Program
Ontario
Formé
Employee Share Ownership Plan Act
APPLICATION FOR EMPLOYEE GRANT
kjentilication
Name
Current Residence Address
Postal Code
Residence Address on Decemt>er 31 st last
Same as above G or:
MalKng Address (if different from Current Residence Address)
Postal Code
Home Telephone Number
Area Code
( )
Business Telephone Numt>er
Area Code
( )
Have you disposed of previously held common shares of the corporation within six months
prior to the date of purchase of the shares to which this application relates?
D
Yes
D
No
If yes, please indicate
net proceeds of
disposition %_
Have you been an ESOP grant recipient before?
n
Yes
n
No
If yes. please indicate
your ESOP ID
Certification
My direct and indirect sfiareholdings. togetfier with the direct and indirect shareholdings of persons related to me. do not equal or exceed 1 0% of the issued shares of any dass of the capital
stock of the corporation or of any related corporation.
Tfte purctiase of the emptoyee shares identified in the attached Investment Confirmation Certificate does not entitle me to claim a credit against or deduction from income or income tax under
the Income Tax Act (Canada) or a grant under the Smalt Business Development Corporations Act.
AH statements rnade in this application are true and correct.
Date
Signature
Print Name
The information provided in this application will be used to detemnine employee grant entitlement under the Ontario ESOP program.
Application Information
Pravlously-owned shares: tf you have previously owned common shares of your empk>yer corporation and have sotd any of those shares within six months prior to your purchase of
employee shares, your grant will be calculated on the purchase price of the emptoyee shares less the proceeds you received from your sale of convrton shares.
A similar calculation eipplies if you ever have owned and disposed of empk>yee shares of the corporation, unless those shares were sold within the two year escrow period and the grant you
received was repaid at the time of the sale.
Certification: You are not eligible for a grant if you are a significant shareholder in the corporation or if your purchase of employee shares entitles you to incentives under other Ontario or fed-
eréil programs.
Thne Hmlt: Your application must be received in the Ministry within three years of the issuance of the employee shares to which the application relates.
471
Reg./Règl. 317
EMPLOYEE SHARE OWNERSHIP PLAN
Reg./Règl. 317
i
Ministère Programme
du d'actionnariat
Revenu des employés
Ontario
Formule 6
Loi sur le régime d'actionnariat des employés
DEMANDE DE SUBVENTION (EMPLOYÉ)
Identification
Nom
Domicile actuel
Code postal
Domicile au 31 décembre dernier
Même que ci-dessus D ou ;
Code postal
Adresse postale (si différente du domicile actuel)
Code postal
Numéro de téléphone (domicile)
Ind. rég.
( )
Numéro de téléphone (travail)
Ind. rég.
( )
Au cours des six mois précédant la date d'achat des actions faisant l'objet de la présente
demande, avez-vous aliéné des actions ordinaires préalablement détenues de la personne
morale?
D
Oui
D
Non
Dans l'affirmative, ins-
crivez le produit net de
l'aliénation
Avez-vous déjà reçu une subvention dans le cadre du régime d'actionnariat des employés?
n
Oui
n
Non
Dans l'affirmative, ins-
crivez le numéro de
votre régime
L'ensemble des actions que je détiens directement et indirectement et des actions que détiennent directement et indirectement les personnes avec lesquelles j'ai un lien, n'est ni égal ni supé-
rieur à 1 0% des actions, de toutes catégories, émises par la personne morale ou toute personne morale qui y est liée.
L'achat des actions d'employés indiqué dans le Certificat de confirmation de placement ci-joint ne me donne pas droit à l'obtention d'une déduction ou d'un crédit à l'égard du revenu ou de l'im-
pôt sur le revenu en vertu de la Loi de l'impôt sur le revenu (Canada) ni d'une subvention en vertu de la Lo/ sur les sociétés pour l'expansion des petites entreprises.
Toutes les déclarations faites dans la présente demande sont véridiques et exactes.
Date
Signature
Nom (en lettres moulées)
Les renseignements fournis dans la présente demande serviront à déterminer si l'employé a droit à une subvention en vertu du programme ontarien d'actionnariat des employés.
Renseignements sur la demande
Actions préalablement détenues : Si une personne a préalablement détenu des actions ordinaires de la personne morale de son employeur et qu'elle les a vendues au cours des six nK>is
précédant l'achat des actions d'employés, sa subvention est calculée selon le prix d'achat de ces dernières moins le produit de la vente des actions ordinaires.
Un calcul similaire doit être fait si la personne a jamais détenu et aliéné des actions d'employés de la personne morale, à moins que ces actions aient été vendues au cours des deux années
d'entiercement et que la subvention reçue ait été remboursée au moment de la vente.
Attestation : Les personnes qui sont des actionnaires importants de ta personne morale ou qui ont droit, en achetant des actions d'employés, à des encouragements en vertu d'un autre pro-
gramme ontarien ou fédéral ne peuvent recevoir de subvention en vertu de ce programme.
Délai : Le ministère doit recevoir la demande au cours des trois années suivant l'émission des actions d'employés faisant l'objet de la demande.
O. Reg. 362/88, Form 6, revised.
All
Reg./Règl. 317
REGIME D'ACTIONNARIAT DES EMPLOYES
Reg./Règl. 317
Ontario
Ministry Employee Share
of Ownership Plan
Revenue Program
Ministère Programme
du d'actionnariat
Revenu des employés
Form 7
Formule 7
Employee Share Ownership Plan Act
Loi sur le régime d 'actionnariat des employés
INVESTMENT CONFIRMATION CERTIFICATE
CERTIFICAT DE CONFIRMATION DE PLACEMENT
Section A; (To be completed by the employer.) / {Dat être remplie par l'employeur)
Name of Corporation / Dénomination sociale de la personne morale
ESOP Registration Number / Numéro d'inscription du régime
Name of Empk>yee / Nom de l'employé
DaAe of Sale / Date de la vente
Shêire Certificate Number / Numéro du certificat d'actions
Number of Shares Sotd to Employee / Non^re d'actions vendues à l'employé Price per Share / Prix de l'action
|S
Total Anrount Paid / Total payé
I S
Certification
We are authorized signing officers of the corporation.
The purchaser of the shares described above has been an employee of the coiporation
during the six months prtor to the share purchase date and works for at least 14 hours per
All information provided in Section A of this Certificate is true and correct.
Attestation
Nous soussigné(e}s, sonun^ autorisé(e}s à signer pour la personne morsûe.
L acheteur des actions décrites ci-dessus a été employé par la personne morale pendant
les six mois précédant la date de l'acquisition des actions et travaille pendant un minimum
de 14 tieures par semaine.
Tous les renseignements qui figurent à la section A du présent certificat sont véridkfues et
exacts.
Date
Signature (Secrelaiy) / (secrétaire)
Print Name / Nom (en lettres moulées)
Date
Signature (Othof authofized signing officef ) / (autre personne
autorisée)
Ptint Name / nom (en lettres moulées)
Section B: (To be completed by the administrator.) / (Doit être remplie par l'administrateur.)
Name of Administrator (Firm or Individual) / Nom de l'administrateur ou raison sociale
Certification
I have received the above nr)entioned share certificate.
I am an authorized signing officer under the Escrow Agreement.
Attestation
J'ai reçu la certificat d'actions mentionné d-dessus.
Je suis autorisé(e) à signer par le contrat d'entiercement.
Date
Signature
Print Name / Nom (en lettres moulées)
The information provided in ttiis certificate will be used to verify employee grant entitlement under the Ontario ESOP program.
l^s mnsaignanwrits foumn olaris to présent cerlMcaf ssrvmnt i (Mwminer SI / «rryik^
O. Reg. 362/88, Form 7, revised.
473
Reg./Règl. 317
EMPLOYEE SHARE OWNERSHIP PLAN
Reg./Règl. 317
Ontario
Ministry Employee Share
of Ownership Plan
Revenue Program
Forms
Employee Share Ownership Plan Act
APPLICATION FOR CORPORATION GRANT
Corporation - Name
ESOP Registration No.
Total eligible costs Incurred to establish the
employee share ownership plan:
GRANT
^/i of the total costs or $10,000 whichever is less:
$
List of Outlays and Expenses
Original receipt(s) must be submitted with this application.
Services Rendered By
Description of Services
CERTIFICATION
I am an authorized signing officer of the corporation and all the information given in this application is true, correct and complete.
I further certify that the person(s) who rendered the above mentioned services is (are) at arm's length with the corporation, its employees and the employee group, where such a group has been
formed.
Date
Signature
Print Name
The information provided in this application will be used to determine the entitlement of a corporation to a grant with respect to its costs in establishing a share ownership plan registered under
the Ontario ESOP program.
Application Information
List of Outlays and Expensas: Only those costs which relate directly to the establishment of an employee share ownership plan can t>e included in grant calculations. The person(s) to whom
payments were made must be at arm's length with the corporation, its employees and the employee group, where such a group has been formed.
Services Rendered By: The name of the person(s) providing the services to the corporation and to whom payment was made.
Description ol Services: A short description of the services that were provided to the corporation.
Certification: The individual signing this application must be an authorized signing officer of the corporation.
Tinte iimtt: An Application for Corporation Grant must be received in the Ministry within one year of the date of issuance to the corporation of a Certificate of Eligibility.
474
Reg./Règl. 317
REGIME D'ACTIONNARIAT DES EMPLOYES
Reg./Règl. 317
Ministère Programme
du d'actionnariat
Revenu des employés
Ontario
Formule 8
Loi sur le régime d 'actionnariat des employés
DEMANDE DE SUBVENTION (PERSONNE MORALE)
Dénomination sociale de la personne morale
N° d'inscription du régime
COÛT
Coût total admissible de la mise sur pied du régime
d'actionnariat des employés :
SUBVENTION
'/^ du coût total ou 1 0 000 $ selon le moindre de ces
deux montants :
*
S
Il II 1
Dépenses et frais
Joignez les reçus originaux à la demande.
Services fournis par
Description des services
Montant $
TOTAL
$
ATTESTATION
Je SUIS autorisé(e) à signer pour la personne morale et j'atteste que tous les renseignements donnés dans la présente demande sont véridiques, exacts et complets.
J'atteste également que les personnes ayant fourni les services susmentionnés n'ont aucun lien de dépendance avec la personne morale, ses employés et le groupe d'employés, le cas
échéant.
Date
Signature
Nom (en lettres moulées)
Les renseignements fournis dans te préserrte demande serviront à déterminer si ta personne morale a droit à une subvention en raison des coûts auxquels elle a dû faire face pour la mise sur
pied d'un régime d'actionnariat inscrit en vertu du programme ontarien d'actionnariat des employés.
Renseignements sur la demande
Dépenses et frais : Seuls les coûts se rapportant directement à la mise sur pied d'un régime d actionnariat des employés peuvent être inclus dans le calcu! de la subvention. La ou les person-
nes ayant reçues des paiements ne doivent pas avoir de lien de dépendâr>ce avec la personne rrtorale. ses employés et le groupe d'employés, le cas échéant.
Services fournis par : Nom des personnes ayant fourni des services à la personne morale et qui ont été payées pour ces services.
Description des services : Brève description des services fournis à la personne morale.
Attestation : Un signataire autorisé de la personne morale doit signer la présente demande.
Délai : Le ministère dort recevoir la demande de subvention (personne morale) au cours de l'année suivant la délivrance d'un certificat d'admissibilité à la personne morale.
O. Reg. 362/88, Form 8, revised.
475
Reg./Règl.317
EMPLOYEE SHARE OWNERSHIP PLAN
Reg./Règl. 317
Ontario
Ministry Employee Share
of Ownership Plan
Revenue Program
Form 9
Employee Share Ownership Plan Act
APPLICATION FOR EMPLOYEE GROUP GRANT
Corporation — Name
ESOP Registration No.
Employee Group — Name
COSTS
Total eligible costs incurred in the negotiation,
evaluation and implementation of the employee
share ownership plan:
GRANT
i/fe of the total costs or $5,000 whichever is less:
* 1 1 II 1
$
List of Outlays and Expenses
Original receipt(s) must be submitted with this application.
Services Rendered By
Description of Services
$ Amount
';
TOTAL
$
CERTIFICATION
I certify that the information given in this application is true, correct and complete. I further certify that the person(s) who rendered the above mentioned services is (are) at arm's length with the
corporation, its employees and the employee group.
Date
Signature — (Group Representative)
Print Name
The information provided in this application will be used to determine the entitlement of an employee group to a grant under the Ontario ESOP program.
Application information
List of Outlays and Expenses: Only those costs which relate directly to the negotiation, evaluation and implementation of an employee share ownership plan can be included in grant calcula-
tions, Person(s) to whom payments were made must be at arm's length with the corporation, its employees and the employee group.
Services Rendered By: The name of the person(s) providing the services to the employee group and to whom payment was made.
Description of Services: A short description of the services that were provided to the employee group.
Certification: The individual signing this application must be one of the group representatives named in the Application for Certification as an Employee Group.
Time limit: An Application for Employee Group Grant must be received in the Ministry within one year of the date of issuance to the corporation of a Certificate of Eligibility.
476
Reg./Règl. 317
REGIME D'ACTIONNARIAT DES EMPLOYES
Reg./Règl. 317
Ministère Programme
du d'actionnariat
Revenu des employés
Ontario
Formule 9
Loi sur le régime d 'actionnariat des employés
DEMANDE DE SUBVENTION (GROUPE D'EMPLOYÉS)
Dénomination sociale de la personne niorale
N° d'inscription du régime
Nom du groupe d'empk)yés
COÛT
Coût total admissible de la négociation, de
l'évaluation et de la mise en oeuvre du régime
d'actionnariat des employés :
SUBVENTION
'/! du coût total ou 5 000 $ selon le moindre de ces
deux montants ;
Il II 1 *
Il II 1 '
Dépenses et frais
Joignez les reçus originaux à la demande.
Services tournis par
Description des services
Montant S
TOTAL
$
ATTESTATION
J'atteste que tous les renseignements donnés dans la présente demande sont véridiques. exacts et complets. J'atteste également que les personnes ayant fourni les services susmentionnés
n'ont aucun Ken de dépendance avec la personne morale, ses employés et le groupe d'emptoyés.
Date
Signature du représentant du groupe
Nom (en lettres nraulées)
Les renseignements fournis dans la présente demande serviront à déterminer si le groupe d'employés a droit à une subvention en vertu du programme ontahen d'actionnariat des employés.
Renseignements sur la demande
Dépenses et Irais : Seuls les coûts se rapportant directement à la négociation, à l'évaluation et à la mise en oeuvre d'un régime d'actionnariat des employés peuvent être inclus dans le calcul
de la subvention. La ou les personnes ayant reçues des paiements ne doivent pas avoir de lien de dépendance avec la personne morale, ses employés et le groupe d'employés.
Services fournis par ; Nom des personnes ayant fourni des services au groupe d'employés et qui ont été payées pour ces sen/ices.
Description des servicss : Brève description des services fournis au groupe d'employés.
Attestation : Un des représentants du groupe dont le nom ligure sur la Demande d agrément d'un groupe d'employés doit signer la présente demande.
Délai : Le ministère doit recevoir la demande de sutwention (groupe d'employés) au cours de l'année suivant la délivrance d'un certificat d'admissibilité à la personne morale.
O. Reg. 362/88, Form 9, raised.
477
Reg./Règl. 317
EMPLOYEE SHARE OWNERSHIP PLAN
Reg./Règl. 317
Ministry Employee Share
of Ownership Plan
Revenue Program
Ontario
Form 10
Employee Share Ownership Plan Act
NOTICE OF OBJECTION
Name of Person Objecting (Employee, Employee Group. Corporation, Administrator)
Telephone No.
Mailing Address. Street Number and Name
City/Town
Province Postal Code
1 1 1 1 - 1 1 1
Notice of Objection is hereby given to the Minister's notice of proposal or demand for repayment dated the day of 19 wherein the Minister proposed:
D to refuse to certify an employee group
n to refuse to register an Employee Share Ownership Plan
n to vary or reject an amendment to an employee share purchase agreement or an escrow agreement or any other prescribed material of an Employee Share Ownership Plan
n to revoke registration of an Employee Share Ownership Plan
D to refuse to make a grant to an employee, employee group or corporation
D to require repayment of a grant
or wherein the Minister demanded:
n the repayment of any grant or portion thereof.
The following are the reasons for objection and the relevant facts:
D Check here if additional sheets are attached.
This NOTICE OF OBJECTION must be signed by the person objecting or the authorized signing officer of the corporation to whom the Minister's notice of proposal or demand for repayment
was sent.
Date
Name (print)
Signature
Position or Office
Appointment of Representative
authority to communicate on my/the corporation's behalf concerning this Notice of Objection.
Date
Signature of the person objecting or the
authorized signing officer of the corporation.
Address of Representative
478
Reg./Règl.317
REGIME D'ACTIONNARIAT DES EMPLOYES
Reg./Règl. 317
Ministère Programme
du d'actionnariat
Revenu des employés
Ontario
Formule 10
Loi sur le régime d'actionnariat des employés
AVIS D'OPPOSITION
Nom de la personne déposant ropposition (ennpioyé, groupe d'employés, personne morale, administrateur)
N° de téléphone
Adresse postale, numéro et rue
Ville
Province Code postal
Avis d'opposition à l'avis de la proposition du ministre ou à la demande de remboursement faite par le ministre portant la date du 19 dans lequel ou
laquelle le ministre se propose :
D de refuser d'agréer un groupe d'employés
D de refuser d'inscrire un régime d'actionnariat des employés
D de modifier ou de rejeter une nxxiification du contrat d'achat d'actions de l'employé, du contrat d'entiercement ou de tout autre document prescrit d'un régime d'actionnariat des
employés
G de radier l'inscription d'un régime d'actionnariat des employés
D de refuser de verser une subvention à un employé, à un groupe d'employés ou à une personne morale
D d'exiger le remboursement d'une subvention
ou dans lequel ou laquelle le ministre demande :
Q le remboursement partiel ou intégral d'une subvention.
Void les motifs de ropposition et une présentation des faits pertinents :
G Cochez cette section si une annexe est jointe à la présente.
Le présent AVIS D'OPPOSITION dort être signé par la personne déposant l'opposition ou par un signataire autorisé de la personne morale à laquelle le ministre a envoyé l'avis de proposition
ou la demande de remboursement.
Date
Nom (en lettres moulées)
Signature
Poste ou bureau
Nomination d'un fondé de pouvoir
alP
pouvoir de se prononcer en mon nom ou au nom de la personne morale sur le présent Avis d'opposrtion.
Date
Signature de la personne déposant l'opposrtion
ou du signataire autorisé de la personne
morale.
Adresse du fondé de pouvoir
O. Reg. 362/88, Form 10, revised.
479
Reg./Règl. 317
EMPLOYEE SHARE OWNERSHIP PLAN
Reg./RègL 317
Ministry Employee Share
of Ownership Plan
Revenue Program
Ontario
Form 11
Employee Share Ownership Plan Act
STATEMENT OF SALE OF ESCROW SHARES
Corporation — Name
ESOP Registration No.
Employee - Name
Employee ESOP ID
Administrator Name
Reason for Share Disposition
A) Involuntary
D The sale, transfer or redemption of employee shares complies with a provision of the Employee Share Purchase Agreement that requires shares to be sold, transferred or
redeemed when .
D The employee is deceased.
(Date of death)
B) Voluntary
D The sale of the employee shares is not an 'Involuntary disposition" as defined under the Emf^oyee Share Ownership Plan Act.
Transaction Details;
Date of Disposition
Share Certificate Number
$
To Owner/Executor
$
Number of Shares Sold
Price Per Share
Total Proceeds
$
Partial Sale Only;
New Share Certificate Number
Certification
I am an authorized signing officer under the Escrow Agreement. All information contained in this statement is true and correct.
Date
Secretary — Signature
Print Name
The information provided in this statement will be used to verify the distribution of proceeds of a sale of employee shares within the escrow period under the Ontario ESOP Program.
Statement Information
During the two-year escrow period, all proceeds receivable by an eligible employee on the sale, transfer or redemption of employee shares must be paid to the administrator.
Except in the case of an involuntary disposition, the administrator is required to withhold from the proceeds the amount of the employee grant, or an amount determined by a prescribed fomiula
(see Transaction Details below) and remit such amount to the Treasurer of Ontario.
Reason for Share Disposition
A) Involuntary: If the share disposition is deemed to be Involuntary, indicate the reason. Where the sale, transfer or redemption of the shares is a result of the shareholder's death, provide
the date of death.
B) Voluntary: A sale, transfer or redemption of shares that does not qualify as an Involuntary disposition under the Act.
Transaction Details
To Treasurer of Ontario: If the shares are sold at an amount equal to or greater than their acquisition cost, the whole amount of the employee grant relating to those shares, is withheld. If the
shares are sold at a loss, the amount to tie withheld is 15% of the selling price not exceeding the amount of the employee grant relating to these shares. A cheque in this amount, payable to the
Treasurer of Ontario, must be forwarded to the Ministry of Revenue with this statement.
To Owner/Executor: The amount that has been transmitted to the employee selling the shares, or to the executor of the employee's estate. In the case of an involuntary disposition, this amount
is equal to the Total Proceeds.
Partial Sale Only: If only a portion of the shares represented by the original share certificate has been sold, and the administrator is holding a new certificate issued by the corporation in the
name of the employee and representing the balance of the shares, provide the number of the new share certificate.
480
Reg./Règl. 317
REGIME D'ACTIONNARIAT DES EMPLOYES
Reg./Règl. 317
Ministère Programme
du d'actionnariat
Revenu des employés
Ontario
Formule 11
Lx>i sur le régime d 'actionnariat des employés
DÉCLARATION DE VENTE D'ACTIONS ENTIERCÉES
Dénomination sociale de la personne morale
N" d'inscription du régime
Nom de remployé
N° de régime de l'employé
Nom de l'administrateur
Raison de l'aliénation des actions
>^ Forcée
D La vente, le transfert ou le rachat des actions de l'employé est conforme à une disposition du contrat d'achat d'actions de l'employé qui prévoit : la vente, le transfert ou le rachat
lorsque .
O L'employé est décédé le .
(Date du décès)
B) Volontaire
D La vente des actions de l'emptoyé n'est pas une «aliénation forcée» au sens de la Loi sur le régime d'actionnariat des employés.
Vente partielle seulement :
N° du nouveau certificat d'action(s)
Détails sur l'opération :
Date de l'aliénation
N" du certificat d'action (s)
$
$
Prix par action
Total du produit
$
Attestation
Je suis autorisé(e) à signer en vertu du contrat d'entlercement. Tous les renseignements contenus dans la présente déclaration sont véridiques et exacts.
Date
Secrétaire - Signature
Nom (en lettres moulées)
Les renseignements fournis dans la présente déclaration seront utilisés pour vérifier la répartition du produit de la vente des actiorjs d'employés pendant la période d'entlercement en vertu du
programme ontarien d'actionnariat des employés.
Renseignements sur la déclaration
Au cours de la période d'entiercement de deux sinnées. tout le produit qu'un employé admissible peut recevoir sur la vente, le transfert ou le rachat d'actions de l'employé dort être versé à
l'administrateur.
Sauf en cas d'aliénation forcée, l'administrateur doit retenir la partie du produit correspondant au montant de la subvention de l'employé ou un nwntant déterminé par une formule prescrite (voir
Détails de l'opération ci-dessous) et le remettre au trésorier de l'Ontario.
Raison de l'aliénation des actions
A) Forcée : Si l'aliénation des actions est réputée forcée, en donner la raison. Si la vente, le transfert ou le rachat des actions est attribuable au décès de l'actionnaire, inscrire la date de
son décès.
B) Volontaire : Une vente, un transfert ou un rachat d'actions qui n'est pas considéré comme forcée en vertu de la Loi.
Détails sur l'opération
Au trésorier de l'Ontario : Si les actions sont vendues pour un montant égal ou supérieur à leur coût d'acquisition, le nrontant intégral de la subvention de l'employé se rapportant à ces actions
est retenu. Si les actions sont vendues à perte, un montant équivalent à 15% du prix de vente, jusqu'à concurrence du montant de la subvention de l'employé se rapportant à ces actions, est
retenu. Un chèque de ce montant établi à l'ordre du trésorier de l'Ontario doit être envoyé au ministère du Revenu avec cette déclaration.
Au propriétaire/à l'exécuteur : Le montant qui a été transmis à l'empfoyé qui vend les actions ou à son exécuteur testamentaire. En cas d'aliénation forcée, ce montant équivaut au total du pro-
duit.
Vente partielle seulement : Si une partie seulement des actions figurant sur le certificat d'actions initial sont vendues, et que l'administrateur a en sa possession un nouveau certificat émis par
la personne morale au nom de l'employé pour les actions que l'employé garde, inscrire le numéro du nouveau certificat d'actions.
O. Reg. 362/88, Form l\, revised.
481
Reg./Règl. 318
EMPLOYEE SHARE OWNERSHIP PLAN
Reg./Règl. 318
REGULATION 318
GENERAL
1.— (1) For the purposes of subsection 2 (1) of the Act, the fol-
lowing terms shall be included in an employee share purchase agree-
ment:
1. With respect to any provision dealing with termination of
the agreement, it shall also provide for the issuance of a
notice of termination to each employee shareholder and to
the Minister of Revenue at least ninety days prior to the ter-
mination stating the reasons for termination, the effective
date and the registration number of the eligible corpora-
tion.
2. No agreement shall be terminated within ninety days after
the issuance of shares to be held in escrow by the adminis-
trator.
(2) For the purposes of subsection 2 (2) of the Act, the following
term shall be included in the escrow agreement:
1. Despite the termination of the employee share purchase
agreement, this agreement shall remain in full force and
effect as long as any employee shares are held in escrow.
O. Reg. 242/88, s. 1.
2. For the purposes of subsection 4 (1) of the Act, the prescribed
manner is the forwarding of the proposed employee share purchase
agreement, the proposed escrow agreement and any shareholders'
agreement by registered mail or personal service. O. Reg. 242/88,
s. 2.
3. An administrator shall file an annual return not later than
ninety days following each anniversary date of the registration of the
employee share ownership plan as shown in the certificate of eligibil-
ity issued undersubsection 7 (1) of the Act. O. Reg. 242/88, s. 3.
4.— (1) For the purposes of clause 13 (1) (b) of the Act, outlays
and expenses are those amounts that are properly and necessarily
incurred in the establishment of an employee share ownership plan
and that are paid for goods and services acquired from persons who
are dealing at arm's length with the eligible corporation, the
employee group and the employees.
(2) For the purposes of clause 14 (1) (b) of the Act, outlays and
expenses are those amounts that are properly and necessarily
incurred in the negotiation, evaluation and implementation of an
employee share ownership plan and that are paid for goods and ser-
vices acquired from persons who are dealing at arm's length with the
eligible corporation, the employee group and the employees.
O. Reg. 242/88, s. 4.
5.— (1) A disposition of employee shares,
(a) on the death of the eligible employee;
(b) upon the sale, transfer or redemption of employee shares
where required by an employee share purchase agreement
approved by the Minister;
(c) on the cancellation of the articles of incorporation of the
eligible corporation; and
(d) on the bankruptcy of the eligible corporation,
is prescribed as an involuntary disposition for the purposes of subsec-
tion 15 (1) of the Act.
(2) For the purposes of clause 15 (1) (b) of the Act, the amount
to be repaid to the Minister is that proportion of the amount deter-
mined under clause 15(1) (a) of the Act that the proceeds of disposi-
tion of the employee shares is of the original purchase price of those
shares.
(3) For the purposes of subsection 15 (2) of the Act, the pre-
scribed manner is the remitting of the amounts withheld by regis-
tered mail addressed to the Minister within thirty days of the date of
disposition of the employee shares together with a completed state-
ment of the disposition of shares in the form provided by the
Minister. O. Reg. 242/88, s. 5.
482
Reg./Règl. 319
Reg./Règl. 319
Employer Health Tax Act
Loi suri 'impôt prélevé sur les employeurs relatif aux services de santé
REGULATION 319
GENERAL
1. In respect of 1991 and subsequent years, "small employer"
means an employer who pays total Ontario remuneration that does
not exceed $400,000 for the year. O. Reg. 640/90, s. 1 .
2.— (I) For purposes of subsection 3 (I) of the Act, every
employer shall pay monthly instalments to the Treasurer on or
before the 15th day of each month on the Ontario remuneration paid
during the preceding month.
(2) For purposes of subsection 3 (2) of the Act, a small employer
shall pay quarterly instalments to the Treasurer on or before the 15th
day of April, July, October and January on the Ontario remunera-
tion paid during the quarter ending on the 31st day of March, the
30th day of June, the 30th day of September and the 31st day of
December, respectively. O. Reg. 640/90, s. 2.
3.— (1) For purposes of subsection 5 (I) of the Act, an employer
shall deliver the return for a year on or before the 15th day of March
of the next year.
(2) For purposes of subsection 5 (2) of the Act, an employer who
ceases to have a permanent establishment in Ontario shall deliver the
return for the year within forty days after the employer ceases to
have the permanent establishment. O. Reg. 640/90, s. 3.
4.— (1) The Minister may give a rebate to an employer if the
employer entered into a fixed price contract before the 18th day of
May, 1989 or made an irrevocable offer to enter into a fixed price
contract before that date and the offer was accepted.
(2) Subject to subsection (3), the rebate is equal to the amount of
tax paid under the Act on the remuneration paid by the employer.
(3) If the employer paid premiums under the Health Insurance
Act, the rebate shall be reduced by the amount of premiums payable
by the employer under that Act, if it had continued in force from the
1st day of January, 1990 until the completion of the fixed price con-
tract.
(4) No employer shall receive a rebate under this section unless
the employer makes an application for a rebate using a form pro-
vided by the Ministry.
(5) The employer shall make the application for a rebate within
four years after the end of the year in respect of which the rebate is
claimed.
(6) The employer shall supply any information in support of the
application for a rebate that the Minister considers necessary to
establish the employer's eligibility for a rebate.
(7) No employer shall be paid a rebate under this section until the
later of.
(a) the date on which the employer files the annual return for
the year in which the tax is to be paid; and
(b) the 15th day of March, 1991.
(8) For purposes of this section, "fixed price contract" means a
written construction contract or subcontract where the parties agreed
to the provision of goods or services, or both, at a predetermined
fixed price and whose terms do not allow the employer to recover the
tax paid on Ontario remuneration from any other party to the con-
tract.
(9) In calculating the rebate under this section, the employer
shall only include the remuneration paid to those employees who
performed the work under the fixed price contract. O. Reg.
640/90, s. 4.
5. An employer is not required to pay tax on the total Ontario
remuneration paid to employees who work outside of Canada for the
period when the employees do no report for work at a permanent
establishment of the employer if,
(a) the employees work outside of Canada for a continuous
period of at least 183 days; and
(b) the employer is a registered charity as defined under section
149. 1 of the Income Tax Act (Canada). O. Reg. 640/90,
s. 5.
6.— (1) For purposes of subsection 7 (1) of the Act, the prescribed
interest rate is the interest rate calculated in the following manner:
1. The rate of interest shall be adjusted effective the 1st day of
April and the 1st day of October in each year and shall
remain in force until the next adjustment date.
2. If the interest adjustment date is the 1st day of April, the
rate of interest shall be the mean rate rounded to the near-
est whole percentage point of the prime rates of The Royal
Bank of Canada, The Bank of Nova Scotia, the Canadian
Imperial Bank of Commerce, the Bank of Montreal and the
Toronto-Dominion Bank on the preceding 15th day of Jan-
uary.
3. If the interest adjustment date is the 1st day of October, the
rate of interest shall be the mean rate rounded to the near-
est whole percentage point of the prime rates of The Royal
Bank of Canada, The Bank of Nova Scotia, the Canadian
Imperial Bank of Commerce, the Bank of Montreal and the
Toronto-Dominion Bank on the preceding 15th day of July.
(2) The prescribed rate of interest must be published in the first
issue of The Ontario Gazette published after each interest adjustment
date.
(3) In this section, "prime rate" means the annual rate of interest
from time to time announced by each bank referred to in paragraph 2
of subsection (1) to be its prime or reference rate of interest then in
effect for determining interest rates on Canadian dollar commercial
loans by that bank in Canada. O. Reg. 640/90, s. 6.
483
Reg./Règl. 320
Reg./Règl. 320
Employment i^encies Act
Loi sur les agences de placement
REGULATION 320
GENERAL
1. In this Regulation,
"homemaker" means a person who performs housekeeping services,
including cleaning, other than as a sitter only;
"operator" means a person who carries on the business of an
employment agency;
"sitter" means a person who is responsible for the safekeeping of a
person in his or her charge and who performs no other services.
R.R.O. 1980, Reg. 280, s. 1.
2. Employment agencies are classified as,
(a) Class A employment agencies, consisting of employment
agencies that procure persons for employment;
(b) Class B employment agencies, consisting of employment
agencies that procure employment for persons other than
sitters or homemakers;
(c) Class C employment agencies, consisting of employment
agencies that procure employment for sitters only; and
(d) Class D employment agencies, consisting of employment
agencies that procure employment for homemakers or
homemakers and sitters. R.R.O. 1980, Reg. 280, s. 2.
3. No operator of an employment agency of a class shall have any
financial interest, whether proprietary or otherwise, in an employ-
ment agency of another class. R.R.O. 1980, Reg. 280, s. 3.
4.— (1) An application for a licence other than by renewal shall be
in Form 1.
(2) Subject to subsection (3), an application for a renewal of a
licence shall be in Form 2 and shall be made not later than the 1st day
of March next following the date of issue of the licence being
renewed.
(3) Where a licence is issued during the period from the 1st day of
March to the 31st day of March next following, in any year, the
application for renewal of the licence shall be made upon receipt of
the licence.
(4) A licence to carry on an employment agency shall be in Form
3. R.R.O. 1980, Reg. 280, s. 4(1-4).
(5) The fee for a licence or renewal is,
(a) $500 for a Class A or Class B employment agency;
(b) $100 for a Class C employment agency; and
(c) $200 for a Class D employment agency. O. Reg. 203/90,
s. 1.
(6) A licence is not transferable. R.R.O. 1980, Reg. 280,
s. 4 (6).
S. Every licensee shall immediately notify the supervisor in writ-
ing,
(a) of any proposed change,
(i) in the name of the licensee,
(ii) in the trade name of the employment agency, or
(iii) in the address of any place of business of the employ-
ment agency,
that is shown on the licence;
(b) in the case of a partnership, of any proposed change in the
members of the partnership;
(c) of any proposed sale of the employment agency or of any
place of business of the employment agency; or
(d) of the proposed termination of the employment agency or
of any place of business of the employment agency.
R.R.O. 1980, Reg. 280, s. 5.
6.— (1) An applicant for a licence or a renewal shall be at least
eighteen years of age.
(2) The business for which an applicant applies for a licence or a
renewal shall have a permanent place of business in Ontario.
R.R.O. 1980, Reg. 280, s. 6.
7. A licence shall not be issued where an application for a licence
shows a trade name that is the same as or similar to a trade name that
appears on a licence that has been issued to another applicant for
another employment agency so as to be likely to confuse or to
deceive and,
(a) the licence is in force; or
(b) an application for renewal of the licence has been made.
R.R.O. 1980, Reg. 280, s. 7.
8.— (1) In this section "franchise agreement" means an agreement
under the terms of which the owner of a trade name grants to a per-
son or group of persons the right to use the trade name.
(2) Where an application for a licence shows a trade name that
has been granted to the applicant under a franchise agreement, the
applicant may be issued a licence to operate an employment agency.
(3) Despite section 7, where a franchise agreement has been
entered into, a trade name may be used in common by more than
one licensee so long as each licensee who publishes or displays, or
causes to be published or displayed, or permits to be published or
displayed any notice, sign, advertisement, or publication inserts or
causes to be inserted in the notice, sign, advertisement or publication
the licensee's name and address. R.R.O. 1980, Reg. 280, s. 8.
9. Where a licensee intends to terminate the business of the
employment agency licensed for the purpose of applying for a licence
to carry on an employment agency of a class other than the class
licensed, the licensee shall immediately notify the supervisor in writ-
ing of the intention,
(a) to terminate the business of the employment agency
licensed; and
(b) to apply for a licence to carry on an employment agency of
the proposed class. R.R.O. 1980, Reg. 280, s. 9.
485
Reg./Règl. 320
EMPLOYMENT AGENCIES
Reg./Règl. 320
10.— (1) The security furnished under clause 3 (c) of the Act shall
be,
(a) where the employment agency is a Class A or Class B
employment agency, $1,000 plus $500 in respect of a second
place of business and $250 in respect of each additional
place of business; or
(b) where the employment agency is a Class C or Class D
employment agency, $100 in respect of each place of busi-
ness.
(2) The security referred to in subsection (1) shall be secured by,
(a) a personal bond in Form 4 accompanied by collateral secu-
rity; or
(b) a bond of a guarantee company approved under the
Guarantee Companies Securities Act in Form 5. R.R.O.
1980, Reg. 280, s. 10(1,2).
(3) The collateral security accompanying a bond shall have a cash
value of not less than the amount prescribed in clause (1) (a), where
the employment agency is a Class A or Class B employment agency,
and shall have a cash value of not less than the amount prescribed in
clause (1) (b), where the employment agency is a Class C or Class D
employment agency, and shall be a transferable and assignable bond
issued or guaranteed by Canada or issued or guaranteed by Ontario.
R.R.O. 1980, Reg. 280, s. 10 (3), revised.
(4) A bond may be cancelled by any person bound thereby by
giving to the supervisor at least two months' notice in writing of
intention to cancel and it shall be deemed to be cancelled on the date
stated in the notice which date shall be not less than two months after
receipt of the notice by the supervisor.
(5) For the purpose of every act or omission occurring during the
period when the bond was in effect prior to cancellation, every bond
shall continue in force, and the collateral security, if any, shall
remain on deposit for a period of six months after the cancellation of
the bond. R.R.O. 1980, Reg. 280, s. 10 (4, 5).
11. A Class A employment agency shall not charge a fee for any
service rendered to any person whom it procures for employment.
R.R.O. 1980, Reg. 280, s. 11.
12.— (1) A Class B employment agency shall not charge an appli-
cant for employment a registration fee of more than $2 in each
twelve-month period.
(2) A Class B employment agency shall not charge a fee for pro-
curing employment for a person,
(a) where the employment is on an hourly basis, of more than
one-eighth of the person's pay for the first day;
(b) where the employment is on a daily basis, of more than the
proportion of the first day's pay of the person that one hour
bears to the total number of hours worked in the day;
(c) where the employment is on a weekly basis, of more than
one-seventh of the person's pay for the first week;
(d) where the employment Is on a monthly basis, of more than
four-thirtieths of the person's pay for the first month; and
(e) where the employment is on an annual basis, of more than 5
per cent of the person's pay for the first year payable in
three months.
(3) Where an annual employment referred to in clause (2) (e) is
terminated before the end of the first year, the employment agency
shall refund the same proportion of the fee as the proportion that the
remaining part of the year bears to the year.
(4) A Class B employment agency shall not charge any fee,
reward or other remuneration in addition to those referred to in this
section. R.R.O. 1980, Reg. 280, s. 12.
13.— (1) A Class C employment agency shall not charge a fee for
procuring employment for a sitter of more than 15 per cent of the
amount received by the sitter in respect of the employment procured
by the agency, but the period for which the fee is charged shall not
exceed thirty days.
(2) A Class C employment agency shall not charge any fee,
reward or other remuneration in addition to the fee referred to in
subsection (1). R.R.O. 1980, Reg. 280, s. 13.
14.— (1) A Class D employment agency shall not charge a fee for
procuring employment for a homemaker or sitter of more than 10
per cent of the amount received by the homemaker or sitter in
respect of the employment procured by the agency, but the period
for which the fee is charged shall not exceed four months.
(2) A Class D employment agency shall not charge any fee,
reward or other remuneration in addition to the fee referred to in
subsection (1). R.R.O. 1980, Reg. 280, s. 14.
15. Where a Class A, B, C or D employment agency advertises
that employment is available, the employment agency shall at the
request of the supervisor furnish the supervisor with the name and
address of the employer who has the employment available.
R.R.O. 1980, Reg. 280, s. 15.
16. An employment agency shall issue a receipt for all money
received for its services showing the service for which the money was
paid and shall retain a duplicate copy of the receipt in its records.
R.R.O. 1980, Reg. 280, s. 16.
17.— (1) No employment agency shall refer a person for employ-
ment unless,
(a) the employment agency has received a request from an
employer for a person for the employment; or
(b) the person has requested the employment agency to find
employment for him or her.
(2) Where a person is referred by an employment agency for
employment, the employment agency shall provide the person with a
statement showing,
(a) the trade name and address of the employment agency;
(b) the full name of the person referred for employment; and
(c) in the case of a person referred for employment in a private
residence, that the person has had a negative X-ray or a
negative tuberculin test indicating that the person does not
have active tuberculosis, and showing that the person has
been examined by a legally qualified medical practitioner
and is considered,
(i) fit for employment, or
(ii) subject to specified work limitations, fit for employ-
ment,
within the twelve-month period preceding the date the per-
son was referred for employment,
and the person shall submit the statement to the prospective
employer for the employer's information in determining whether or
not to employ the person. R.R.O. 1980, Reg. 280, s. 17.
18. In addition to any other records required to be kept by an
employment agency, every employment agency shall make and keep
records showing.
486
Reg./Règl. 320
AGENCES DE PLACEMENT
Reg./Règl. 320
(a) the name, address and qualifications of each person whose
application for employment is accepted by the employment
agency;
(b) the name and address of each person from whom the
employment agency has received a request for a person for
employment; and
(c) in the case of,
(i) a Class A employment agency, the name and address
of every person whom the agency procures for
employment and the name and address of the
employer for whom such person is procured and the
amount of fee, reward or other remuneration paid
by each such employer to the employment agency,
and
(ii) a Class B, C or D employment agency, the name and
address of every person for whom employment has
been procured and the amount of fee, reward or
other remuneration paid by each such person to the
employment agency and the name and address of the
employer of each person for whom employment has
been procured. R.R.O. 1980, Reg. 280, s. 18.
19. Where an applicant for a licence or a licensee is a corpora-
tion, the applicant or licensee, as the case may be, shall affix the seal
of the corporation to any form required to be completed by the appli-
cant or licensee, as the case may be, under this Regulation. R.R.O.
1980, Reg. 280, s. 19.
20. The supervisor, or a person designated by the supervisor, may
at any time carry out an inspection of any employment agency.
R.R.O. 1980, Reg. 280, s. 20.
Form 1
Employment Agencies Act
APPLICATION FOR LICENCE
Date of Application , 19..
Application is made by
(name of applicant, including the name of each partner if applicant is a partnership)
carrying on business under the trade name of
at
(address)
for a licence to engage in the business of a
(Class A, Class B, Class C or Class D)
employment agency, and for the purpose of procuring a licence give the following information:
1. The applicant is responsible for the employment agency and the employment agency is registered in the name of the applicant, and
D The applicant is an individual and sets out below the full name, address and telephone number of the applicant:
Name in Full
Residence Address
City or Town
Residence
Telephone
Number
State Whether Active
or Non-Active in
Business of
Employment Agency
D The applicant is a partnership and furnishes herewith a copy of its partnership agreement and sets out below the full name, address and
telephone number of each partner in the partnership:
487
Reg./Règl. 320
EMPLOYMENT AGENCIES
Reg./Règl. 320
Name in Full
Residence Address
City or Town
Residence
Telephone
Number
State Whether Active
or Non-Active in
Business of
Employment Agency
D The applicant is a corporation and furnishes herewith a copy of its letters patent or certificate of incorporation and states that its head
office is at
and sets out below the names, residence addresses and telephone numbers of its officers and directors:
Name in Full
Residence Address
City or Town
Residence
Telephone
Number
Officers
State Whether Active
or Non-Active in
Business of
Employment Agency
President
Vice-
President
Secretary
Treasurer
or
Secretary-
Treasurer
Directors
'■ 2. The business reputation of the applicant is well known to the three following persons who are not related in any way to the applicant:
Name
City or Town
Street Address
Business or
Occupation
Length of
Time Known
* In the case of a partnership, three references must be given for each partner and in the case of a corporation, three references must be
given for each officer and for each director.
3. The address of the employment agency, including the address of any other place of business (if any) where the employment agency is
carried on, is as follows:
4. Set out below the trade names and addresses (if any) under which the applicant carries on, or has carried on, the business of an employ-
ment agency:
Trade Name
Address
Licence No.
Commencement and
Termination Dates, If Any
488
Reg./Règl. 320 AGENCES DE PLACEMENT Reg./Règl. 320
5. Has the applicant heretofore been licensed or applied for a licence to carry on an employment agency?
Yes n No n
If so, give particulars:
6. Has the applicant ever been refused a licence or registration to carry on business or engage in a trade or occupation or has such licence
or registration been revoked or suspended in any country, or province or state thereof?
Yes n No n
If so, give particulars:
*7. Has the applicant been expelled from any professional association?
Yes n No n
If so, give particulars:
* Where the applicant is a partnership, this item applies to each partner and where the applicant is a corporation this item applies to each
officer and to each director.
8. The following is a short business record during the past three years of the applicant:
9. Is the applicant, or will the applicant be, engaged, occupied or employed in any business, occupation or profession other than the busi-
ness of an employment agency?
Yes D No n
If so, give particulars:
*10. Is the applicant an undischarged bankrupt?
Yes n No n
If so, give particulars:
• Where the applicant is a partnership, this item applies to each partner and where the applicant is a corporation, this item applies to each
officer and to each director.
* 11 . Is there any unpaid judgment against the applicant?
Yes n No n
If so, give particulars:
Where the applicant is a partnership, this item applies to each partner, and where the applicant is a corporation, this item applies to
each officer and to each director.
489
Reg./Règl. 320
EMPLOYMENT AGENCIES
Reg./Règl. 320
*12. Has the applicant been charged, indicted or convicted of a criminal offence under any law of any country or state or province thereof, or
are there any proceedings now pending?
Yes n
No n
Where the applicant is a partnership, this item applies to each partner and where the applicant is a corporation, this item applies to each
officer and to each director.
If so, give particulars:
13. Is the applicant's business carried on under a franchise agreement?
Yes D No n
If so, enclose a copy of the franchise agreement with this application.
(witness)
(address of witness)
(signatures of applicant)
R.R.0. 1980, Reg. 280, Form 1.
Form 2
Employment Agencies Act
APPLICATION FOR RENEWAL OF LICENCE
Date of Application , 19
Application is made for the renewal of Licence No , being a licence to engage in the business of
a employment agency, for the year ending on the 31st day of
(Class A, Class B, Class C or Class D)
March, 19
1. The applicant is
(name of applicant, including the name of each partner if applicant is a partnership)
being .
(indicate whether applicant is an individual or a corporation or the partners of a partnership)
carrying on business under the trade name of
at
(address)
2. The applicant, under the above-mentioned Licence No , has carried on the
employment agency in conformance with the requirements of the Employment Agencies Act and the regulations thereunder.
3. State whether the applicant, has or has not, since the above-mentioned licence was issued,
(a) been refused a licence or registration or had suspended or revoked a licence or registration to carry on an employment agency in
any country or state or province thereof (where the answer is yes, give particulars):
490
Reg./Règl. 320 AGENCES DE PLACEMENT Reg./Règl. 320
(b) been engaged, occupied or employed in any way in any business, occupation or profession other than the business of an employ-
ment agency (where the answer is yes, give particulars):
(signatures of applicant)
R.R.O. 1980, Reg. 280, Form 2.
Form 3
Employment Agencies Act
No
LICENCE
Under the Employment Agencies Act and the regulations, and subject to the limitations thereof,
(name of licensee including each partner of a partnership)
carrying on business under the trade name of
at
(address)
is licensed to engage in the business of a employment agency.
This licence expires on the31st day of March, 19
Dated this day of , 19..
Supervisor
R.R.O. 1980, Reg. 280, Form 3.
Form 4
Employment Agencies A ct
PERSONAL BOND
Bond No Amount .
Know All Men By These Presents, that I,
(hereinafter called the Obligor), am held and firmly bound unto Her Majesty in right of Ontario (hereinafter called the Obligee) in the sum of
Dollars ($ ) of lawful money of Canada, to be paid unto the Obligee, her successors and assigns, for which payment
well and truly to be made,
1, .......................................................................................... — ...........................................................................................
(name of Obligor)
bind myself, my heirs, executors, administrators and assigns, and I,
(name of Obligor)
deposit with the Obligee
as collateral security to this Bond.
1. This Bond may be cancelled by the Obligor by giving to the supervisor at least two months' notice in writing of intention to cancel and it
shall be deemed to be cancelled on the date stated in the notice which date shall be not less than two months after receipt of the notice
by the supervisor.
2. In respect only of acts or omissions occurring during the period prior to cancellation under the preceding provision, this Bond shall con-
tinue in force and the collateral security shall remain on deposit for a period of six months after the cancellation of the Bond.
m
Reg./Règl. 320
EMPLOYMENT AGENCIES
Reg./Règl. 320
3. The total liability imposed upon the Obligor by this Bond and any and all renewals thereof is concurrent and not cumulative and shall in
no event exceed the penal sum written above.
Sealed with my seal and dated this day of
,19..
The Condition of the above obligation is such that if the licence of the Obligor is revoked under section 7 of the Employment Agencies Act
then the obligation becomes and is forfeit to the Obligee.
Signed, Sealed and Delivered
in the presence of
Obligor .
R.R.0. 1980, Reg. 280, Form 4.
Form 5
Employment Agencies A at
BOND OF A GUARANTEE COMPANY APPROVED UNDER
THE GUARANTEE COMPANIES SECURITIES ACT
Bond No
Know All Men By These Presents, that we
Amount .
(hereinafter called the Principal) as Principal and
(hereinafter called the Surety) as Surety are held and firmly bound unto Her Majesty in right of Ontario (hereinafter called the Obligee) in the
sum of Dollars ($ ) of lawful money of Canada, to be paid unto the Obligee, her successors and assigns, for which
payment well and truly to be made.
I,
(name of Principal)
bind myself, my heirs, executors, administrators and assigns, and we,
bind ourselves, our successors and assigns jointly and firmly by these presents.
(name of Surety)
1. This Bond may be cancelled by the Surety by giving to the supervisor at least two months' notice in writing of intention to cancel and it
shall be deemed to be cancelled on the date stated in the notice which date shall be not less than two months after receipt of the notice
by the supervisor.
2. In respect only of acts or omissions occurring during the period prior to cancellation under the preceding provision, this Bond shall con-
tinue in force for a period of six months after the cancellation of the Bond.
3. The total liability imposed upon the Principal or Surety by this Bond and any and all renewals thereof is concurrent and not cumulative
and shall in no event exceed the penal sum written above.
Sealed with our seals and dated this day of
19..
The Condition of the above obligation is such that if the licence of the Principal is revoked under section 7 of the Employment Agencies Act
then the obligation becomes and is forfeit to the Obligee.
Signed, Sealed and Delivered
in the presence of
Principal:
Surety:
R.R.0. 1980, Reg. 280, Form 5.
492
Reg./Règl. 321
Reg./Règl. 321
Employment Standards Act
Loi sur les normes d 'emploi
REGULATION 321
BENEFIT PLANS
1. For the purposes of Part X of the Act and this Regulation,
'actuarial basis" means the assumptions and methods generally
accepted and used by a Fellow of the Canadian Institute of Actuar-
ies to establish the costs of pension benefits, life insurance, disabil-
ity insurance, health insurance or any other similar benefits includ-
ing the actuarial equivalents of such benefits which costs depend
upon the contingencies of human life, such as death, accident,
sickness or disease;
"age" means any age of eighteen years or more and less than sixty-
five years;
"benefits" includes an aggregate, annual, monthly or other periodic
amount or accrual thereof to which an employee, or the employ-
ee's beneficiaries, survivors or dependants is, are or will become
entitled under a plan, fund or arrangement provided, furnished or
offered by an employer to an employee upon superannuation,
retirement, disability, accident or sickness, or any medical, hospi-
tal, nursing, drug or dental expenses or other similar amounts or
expenses and includes any amounts under such plan, fund or
arrangement to which an employee is entitled upon termination of
employment or to which any person or persons is or are entitled
upon the death of an employee;
"dependant" means a dependant as defined in the pension, life
insurance, disability insurance or benefit, or health insurance or
benefit plan, fund or arrangement provided, furnished or offered
by an employer to an employee and "dependent child" and "de-
pendent spouse" have a corresponding meaning;
"disability income insurance or benefit plan" includes a plan, fund or
arrangement provided, furnished or offered by an employer to an
employee that provides benefits to an employee for loss of income
because of sickness, accident or disability and includes,
(a) a short-term disability income insurance or benefit plan,
fund or arrangement that is other than a long-term disabil-
ity income plan, and
(b) a long-term disability income insurance or benefit plan,
fund or arrangement under which the payments or benefits
to an employee are payable for a period of not less than
fifty-two weeks or until recovery, retirement or death,
whichever is the lesser;
"employer" includes a group or number of unaffiliated employers or
an association of employers acting for an employer in relation to a
pension, life insurance, disability insurance or benefit or a health
insurance or benefit plan;
"health insurance or benefit plan" includes a plan, fund or arrange-
ment provided, furnished or offered by an employer to an
employee that provides benefits to an employee, a spouse or
dependant of an employee or deceased employee for medical, hos-
pital, nursing, drug or dental expenses or other similar expenses;
"life insurance plan" means a plan, fund or arrangement, provided,
furnished or offered by an employer to an employee that provides
upon the death of the employee a benefit either in a lump sum or
by periodic payments to a beneficiary, survivor or dependant of
the employee, and includes accidental death and dismemberment
insurance;
'marital status" includes the condition of being an unmarried person
who is supporting in whole or in part a dependent child or chil-
dren, and includes a common law status of husband and wife as
defined in the pension, life insurance, disability insurance or bene-
fit, or health insurance or benefit plan, fund or arrangement pro-
vided, furnished or offered by an employer to an employee;
'normal pensionable date" means the date specified in a pension
plan at which an employee can retire from his or her employment
and receive the regular pension benefit provided by the pension
plan, whether such date is the day upon which the employee
attains a given age or upon which the employee has completed a
given period of employment;
"pension plan" means a superannuation, retirement or pension plan,
fund or arrangement provided, furnished or offered by an
employer to an employee for the purpose of providing benefits to
an employee who participates therein upon retirement or termina-
tion of employment or benefits to a spouse or dependant of an
employee out of contributions made by the employer and
employee or the employer or employee and the investment
income, gains, losses and expenses thereon or therefrom and
includes,
(a) a unit-benefit pension plan under which the benefits are
determined with reference to a percentage of salary or
wages of an employee and length of employment or a speci-
fied period of employment,
(b) a defined benefit pension plan under which the benefits are
determined as a fixed amount and with reference to length
of employment or a specified period of employment,
(c) a money purchase pension plan under which the benefits
are determined with reference to the accumulated amount
of the contributions paid by or for the credit of an
employee, and the investment income, gains, losses and
expenses thereon or therefrom,
(d) a profit sharing pension plan under which payments or con-
tributions by an employer are determined by reference to
profits or out of profits from the employer's business and
the benefits are determined with reference to the accumu-
lated amount of payments or contributions paid by or for
the credit of an employee and the investment income,
gains, losses and expenses thereon or therefrom, and
(e) a composite pension plan that is any combination of a unit-
benefit pension plan, a defined benefit pension plan, a
money purchase pension plan or a profit sharing pension
plan;
"sex" includes a distinction between employees in a plan, fund or
arrangement provided, furnished or offered by an employer to
employees that excludes an employee from a benefit thereunder or
gives an employee a preference to a benefit thereunder because
the employee is or is not a head of household, principal or primary
wage earner or other similar condition, and further includes a dis-
tinction between employees in such a plan, fund or arrangement
because of the pregnancy of a female employee;
"spouse" means a spouse as defined in the pension, life insurance,
disability insurance or benefit or health insurance or benefit plan.
m
Reg./Règl. 321
EMPLOYMENT STANDARDS
Reg./Règl. 321
fund or arrangement provided, furnished or offered by an
employer to an employee;
"voluntary additional contribution" means an additional contribu-
tion by an employee to or under a pension plan except a contribu-
tion the payment of which, under the terms of the plan, imposes
upon an employer an obligation to make a concurrent additional
contribution to or under the plan. R.R.O. 1980, Reg. 282, s. 1;
O. Reg. 443/88, s. 1.
2.— (1) The prohibition in subsection 33 (2) of the Act does not
apply in respect of a differentiation in the rates of contribution by an
employer to a pension plan if the differentiation is made on an actu-
arial basis because of the sex of the employee and in order to provide
equal benefits under the plan.
(2) The prohibition in subsection 33 (2) of the Act does not apply
in respect of a differentiation made under a pension plan if,
(a) the Pension Benefits Act applies to the pension plan; and
(b) the differentiation is made,
(i) on the basis of the sex of an employee, and
(ii) in respect of employment prior to the 1st day of Jan-
uary, 1987, other than employment that is described
in clause 52 (3) (b) or (c) of the Pension Benefits
Act.
(3) The prohibition in subsection 33 (2) of the Act does not apply
in respect of a differentiation made under a pension plan if,
(a) the Pension Benefits Act does not apply to the pension plan;
and
(b) the differentiation is made,
(i) on the basis of the sex of an employee, and
(ii) in respect of employment before the 12th day of
July, 1988.
(4) In subsections (2) and (3), "differentiation" means a type of
differentiation to which the prohibition in subsection 33 (2) of the
Act did not apply on the 31st day of December, 1987, because of the
operation of this section as it read on that date. O. Reg. 443/88,
s. 2.
3.— (1) The prohibition in subsection 33 (2) of the Act does not
apply to,
(a) an increase in benefits payable to an employee under a pen-
sion plan that provides for such increased benefits because
the employee has a dependent spouse;
(b) a differentiation between employees under a pension plan
because of marital status if the differentiation is made for
the purpose of providing benefits that are payable periodi-
cally during the joint lives of an employee who is entitled to
the pension and the employee's spouse, and thereafter dur-
ing the life of the survivor of them, as provided in the pen-
sion plan; and
(c) a differentiation in the rates of contribution of an employer
to a defined benefit or a unit-benefit pension plan that pro-
vides an increase in benefits to an employee because of
marital status where the rates of contribution of the
employer differentiate between employees because of mari-
tal status. R.R.O. 1980, Reg. 282, s. 3; O. Reg. 443/88,
s. 3 (1,2).
(2) For the purposes of clause (1) (b), benefits are deemed to be
payable periodically despite the fact that they are commuted, if the
amount of the annual benefit payable to the employee at the normal
pensionable date is not more than 2 per cent of the Year's Maximum
Pensionable Earnings, as defined in the Canada Pension Plan in the
year that the employee terminated the employment.
(3) Clause (1) (b) does not apply if the Pension Benefits Act,
applies to the pension plan and the plan contravenes the provisions
of that Act respecting joint and survivor pensions. O. Reg. 443/88,
s. 3 (3).
4.— (1) The prohibition in subsection 33 (2) of the Act does not
apply in respect of a differentiation made between employees
because of age, if the differentiation is determined on an actuarial
basis, and it is,
(a) a differentiation in the rates of voluntary additional contri-
butions by an employee to a pension plan;
(b) a differentiation in the rates of contributions that an
employee is required to make to a money purchase or profit
sharing pension plan;
(c) a differentiation in the rates of contributions by an
employer to a unit-benefit or defined benefit pension plan,
unless the Pension Benefits Act applies to the plan and the
plan contravenes the provisions of that Act respecting age
differentiation;
(d) a differentiation in the rates of contributions by an
employer to a money purchase or profit sharing pension
plan,
(i) when the employer transfers the assets from a unit-
benefit or defined benefit pension plan to the money
purchase or profit sharing pension plan, and
(ii) if the differentiation is made in order to protect
employees' pension benefits from being adversely
affected by the transfer; or
(e) a differentiation in benefits payable to employees that, if
the Pension Benefits Act applies to the pension plan, is per-
mitted by that Act.
(2) Despite subsection (1), the requirement that a differentiation
be determined on an actuarial basis does not apply to a differentia-
tion described in clause (1) (a), (b) or (e) that is made in respect of
the employment of a person before the 12th day of July, 1988.
(3) The prohibition in subsection 33 (2) of the Act does not apply
with respect to a provision in a pension plan that differentiates
between employees because of age in establishing,
(a) a normal pensionable date for voluntary retirees; or
(b) an early voluntary retirement date or age,
unless the Pension Benefits Act applies to the plan and the plan con-
travenes the provisions of that Act respecting normal pensionable
dates and early retirement dates. O. Reg. 443/88, s. 4.
5. The prohibition in subsection 33 (2) of the Act does not apply
to,
(a) a differentiation in the contributions of an employee to a
voluntary employee-pay-all life insurance plan where such
differentiation is determined upon an actuarial basis
because of sex; and
(b) a differentiation in the contributions of an employer to a
life insurance plan where such differentiation is made on an
actuarial basis because of the sex of the employee and in
order to provide equal benefits under the plan. R.R.O.
1980, Reg. 282, s. 5.
494
Reg./Règl. 321
NORMES D'EMPLOI
Reg./Règl. 322
6. The prohibition in subsection 33 (2) of the Act does not apply
to.
(a) any benefits under a life insurance plan that are payable
periodically to the surviving spouse of a deceased employee
for the life of the surviving spouse or until the remarriage of
the surviving spouse and, for the purpose of this clause,
such benefits shall include benefits of less than $25 a month
that have been commuted to a lump sum payment;
(b) any benefit under a life insurance plan that is payable to an
employee upon the death of the spouse of the employee;
and
(c) a differentiation in the contributions of an employee or an
employer to a life insurance plan where such differentiation
between employees is because of marital status and pro-
vides benefits that are payable periodically to the surviving
spouse of an employee. R.R.O. 1980, Reg. 282, s. 6.
7. The prohibition in subsection 33 (2) of the Act does not apply
to.
(a) a differentiation in the benefits under or the contributions
to a voluntary employee-pay-all life insurance plan where
such differentiation is determined upon an actuarial basis
because of age; and
(b) a differentiation in the contributions of an employer to a
life insurance plan where such differentiation is determined
upon an actuarial basis because of age and in order to pro-
vide equal benefits under the plan. R.R.O. 1980, Reg.
282, s. 7.
8. The prohibition in subsection 33 (2) of the Act does not apply
to.
(a) a differentiation in the rate of contributions of an employee
to a voluntary employee-pay-all short or long term disabil-
ity insurance plan where such differentiation is determined
upon an actuarial basis because of the age or sex of the
employee;
(b) a differentiation in the rate of contributions of an employer
to a short or long term disability insurance plan where such
differentiation is made on an actuarial basis because of the
age or sex of the employee and in order to provide equal
benefits under the plan; and
(c) the exclusion from benefits under a short or long term dis-
ability insurance plan of a female employee during the
period of leave-of-absence to which she is entitled under
Part XI of the Act, or any greater period of leave-of-ab-
sence that she has applied for under any term of a contract
of employment, oral or written, express or implied, that
prevails over Part XI of the Act. R.R.O. 1980, Reg. 282,
s. 8.
9. The prohibition in subsection 33 (2) of the Act does not apply
to.
(a) a differentiation in the rate of contributions of an employee
to a voluntary employee-pay-all health insurance plan
where such differentiation is determined upon an actuarial
basis because of sex;
(b) a differentiation in the rate of contributions of an employer
to a health insurance plan where such differentiation is
made upon an actuarial basis because of the sex of the
employee and in order to provide equal benefits under the
plan;
(c) a differentiation in the benefits under or the contributions
of an employee to a health insurance plan because of the
marital status of the employee where such differentiation is
made in order to provide benefits for a spouse or a depen-
dent child of the employee; and
(d) a differentiation in the rate of contributions of an employer
to a health insurance plan, where there are specified pre-
mium rates and where such differentiation for employees
having marital status and for employees without marital sta-
tus is on the same proportional basis. R.R.O. 1980, Reg.
282, s. 9.
10. A plan, fund or arrangement to which Part X of the Act
applies shall not disentitle an employee who is on leave-of-absence
under Part XI of the Act, or any greater period of leave-of-absence
that the employee has applied for under any term of a contract of
employment, oral or written, express or implied, that prevails under
section 4 of the Act from continuing to participate therein during
such leave-of-absence where the plan, fund or arrangement entitles
an employee who is on leave-of-absence other than a leave-of-ab-
sence under Part XI of the Act, or such greater period of leave-of-ab-
sence to continue to participate therein. R.R.O. 1980, Reg. 282,
s. 10.
11. Where, prior to the application of Part X of the Act to a fund,
plan or arrangement provided or furnished by an employer to
employees, an employee was excluded from participating in the plan,
fund or arrangement or a benefit thereunder, and upon the applica-
tion of Part X of the Act to the plan, fund or arrangement, the
employee is no longer excluded from participation in the plan, fund
or arrangement, or a benefit thereunder, such employee is entitled to
participate in the plan, fund or arrangement or a benefit thereunder
from and after the application of Part X to the plan, fund or arrange-
ment or benefit. R.R.O. 1980, Reg. 282, s. 11.
12. Upon the application of Part X of the Act and this Regulation
to a health insurance or benefit plan, no employer shall reduce the
employer's contributions to or the benefits under the health insur-
ance or benefit plan in causing the plan to comply with Part X of the
Act and this Regulation. R.R.O. 1980, Reg. 282, s. 12.
13. Despite the application of Part X of the Act to a pension plan
in existence on the 1st day of November, 1975, where the normal
pensionable date of a class of employees is increased in order to have
the plan comply with Part X, an employee whose normal pensiona-
ble date is increased shall be entitled to pension benefits on the nor-
mal pensionable date as provided by the plan before it was increased.
R.R.O. 1980, Reg. 282, s. 13.
REGULATION 322
DOMESTICS, NANNIES AND SITTERS
1. In this Regulation,
"domestic" means a domestic as described in clause 2 (a);
"nanny" means a nanny as described in clause 2 (b);
"sitter" means a sitter as described in clause 2 (c). O. Reg. 308/87,
s. 1.
2. This Regulation applies to a person who is employed by a
householder,
(a) as a domestic to perform services in the household who
works more than twenty-four hours a week;
(b) as a nanny to rear a child who is a member of the household
where the person is considered to be qualified to do so
because of formal training or experience equivalent to for-
mal training; or
(c) as a live-in sitter who works more than twenty-four hours a
495
Reg./Règl. 322
EMPLOYMENT STANDARDS
Reg./Règl. 323
week primarily attending to the needs of the children of the
household. O. Reg. 308/87, s. 2.
3. Every householder shall pay to a domestic, nanny or sitter a
minimum hourly wage of not less than the amount prescribed in sub-
section 10 (1) of Regulation 325 of Revised Regulations of Ontario,
1990. O. Reg. 308/87, s. 3.
4.— (1) Where meals or room or both are taken into account by a
householder in calculating the minimum wage of a domestic, nanny
or sitter the maximum amount at which meals or room or both shall
be valued for the purposes of determining if the minimum wage pre-
scribed has been paid to the person shall be as set out in subsection
10 (2) of Regulation 325 of Revised Regulations of Ontario, 1990.
(2) Charges for meals or rooms shall not be deducted from the
minimum wage of an employee unless the employee has received the
meals or occupied the room supplied. O. Reg. 308/87, s. 4.
5.— (1) In this section, "free period" means a period free from the
performance of any duties by a domestic, nanny or sitter for the
householder who employs the domestic, nanny or sitter.
(2) In each week, a householder shall give to a domestic, nanny
or sitter who resides in the residence of the householder one free
period of thirty-six consecutive hours and one free period of twelve
consecutive hours without any deduction from the normal pay of the
domestic, nanny or sitter.
(3) The free periods required to be given by subsection (2) may
be, but need not be, consecutive to each other.
(4) Subject to subsection (5), where upon the request of the
householder and with the consent of the domestic, nanny or sitter,
duties are performed by the domestic, nanny or sitter during a free
period required to be given by subsection (2), the time spent in per-
forming the duties shall be added, at the rate of 1.5 hours for each
hour of time so spent, to one of the required free periods in one of
the next four weeks subsequent to such performance without any
deduction from the normal pay of the domestic, nanny or sitter.
(5) Where no compensating time is given as prescribed by subsec-
tion (4) and despite section 3, the householder shall pay to the
domestic, nanny or sitter one and one-half of their regular hourly
rate for each hour duties are performed by the domestic, nanny or
sitter during a free period. O. Reg. 308/87, s. 5.
(6) Where a domestic, nanny or sitter performs duties during a
free period and the time spent performing those duties is added to a
subsequent free period in accordance with subsection (4) or the
domestic, nanny or sitter is paid for the time spent performing those
duties in accordance with subsection (5), the time spent performing
those duties shall not be taken into account when calculating over-
time under section 24 of the Act. O. Reg. 533/87, s. 1.
6. Work shall be deemed not to be performed,
(a) during any agreed upon time free from the performance of
any duties; or
(b) while the domestic, nanny or sitter is free from the perfor-
mance of any active duties and is sleeping or eating.
O. Reg. 308/87, s. 6.
7.-(l) Where,
(a) work is performed by the domestic, nanny or sitter in excess
of forty-four hours in a week; and
(b) the householder and the domestic, nanny or sitter agree,
the excess time may be granted as time off, at times agreed upon by
the householder and the domestic, nanny or sitter, at the rate of 1.5
hours for each hour so spent in one of the next twelve weeks subse-
quent to such performance at the regular rate of pay.
(2) Section 24 of the Act does not apply if time off is given in
accordance with subsection (1). O. Reg. 308/87, s. 7.
8. A householder shall provide the domestic, nanny or sitter with
written particulars of employment respecting,
(a) the regular hours of work including the starting and finish-
ing hours; and
(b) the hourly rate of pay. O. Reg. 308/87, s. 8.
9. Part IV of the Act does not apply to a domestic, nanny or
sitter. O. Reg. 533/87, s. 2.
REGULATION 323
FORMS
1.— (1) An employer who is required to give notice of termination
under subsection 57 (2) of the Act shall provide to the Minister the
information indicated on Form 1.
(2) The information required under subsection (1) shall be pro-
vided to the Minister by delivering the information to the Office of
the Director of the Employment Adjustment Branch between the
hours of 9 a.m. and 4 p.m. from Monday to Friday.
(3) Part A of Form 1 shall be posted in the workplace in the man-
ner set out in subsection 57 (4) of the Act. O. Reg. 444/87, s. 1.
2. A notice under subsection 6 (2) of the Act shall be in Form 2.
O. Reg. 444/87, s. 2.
Form 1
Employment Standards Act
(Subsection 57 (3) )
(Attach additional sheets where necessary)
PART A
Name of company:
Mailing address:
Location(s) where layoffs will occur:
Total workforce at each location:
1 . hourly
2. salaried
3. other
Number of employees affected at each location with anticipated ter-
mination dates:
1. hourly
2. salaried
3. other
Economic circumstances surrounding intended terminations:
Prior consultations that have been carried out:
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NORMES D'EMPLOI
Reg./Règl. 324
Consultations that are proposed to follow:
Measures you propose to offer to facilitate the adjustment of the
affected employees (e.g. extension of benefit plan payments, supple-
mentary unemployment benefits, severance pay, counselling, adjust-
ment committee, early retirement). Indicate which measures are to
be provided through existing contractual obligations, existing com-
pany policy, statutory obligations, or proposed supplementary mea-
Number of employees expected to benefit from each of the adjust-
ment measures listed above:
1. hourly
2. salaried
3. other
Court in Which
Proceeding is
Being Brought
Court File Number
Copies of all pleadings must be attached.
Signature
Full Name (Please print)
Address
O. Reg. 444/87, Form 2.
(Provide all available information. Where information is not immedi-
ately available, specify date when it will be provided to the Minister
and posted in establishment.)
Name of Company Official, Title, Telephone Number:
Signature
Date
PART A OF THIS FORM AND ANY INFORMATION
REQUIRED BY PART A OF THIS FORM SHALL BE
POSTED IN THE EMPLOYER'S ESTABLISHMENT IN
A CONSPICUOUS PLACE.
PARTS
List of affected employees (omitting names) showing age, sex, job
classification and length of service. (Provide information separately
for hourly, salaried and other employees). Provide all available
information and where information is not immediately available,
specify date when it will be provided to the Minister.
Name of Company Official, Title, Telephone Number:
Signature Date
Name of Company:
O. Reg. 444/87, Form 1.
Form 2
Employment Standards Act
(Subsection 6 (2) )
NOTICE TO DIRECTOR OF EMPLOYMENT STANDARDS
OF CIVIL PROCEEDINGS
Plaintiffs Name
Defendant's Name(s)
Address
REGULATION 324
FRUIT, VEGETABLE AND TOBACCO
HARVESTERS
1. For the purposes of this Regulation,
"housing accommodation" means a place of dwelling that is reason-
ably fit for human habitation consisting of at least a kitchen with
cooking facilities, two bedrooms or a bedroom and a living room,
and having its own private toilet and washing facilities;
"piece work rate" means a rate of pay calculated upon a unit of work
performed;
"room" means a room that is reasonably furnished and reasonably fit
for human habitation, is supplied with clean bed linen and towels
and is reasonably accessible to proper toilet and washbasin facili-
ties;
"serviced housing accommodation" means housing accommodation
for which light, heat, fuel, water, gas or electricity are provided at
the expense of the employer. R.R.O. 1980, Reg. 284, s. 1.
2. This Regulation applies to an employee who is employed on a
farm to harvest fruit, vegetables or tobacco for marketing or storage.
R.R.O. 1980, Reg. 284, s. 2.
3. Subject to section 4, every employer shall pay a minimum wage
of not less than,
(a) $4.55 an hour to an employee who is a student under eight-
een years of age if the weekly hours of the student are not
in excess of twenty-eight hours or if the student is employed
during a school holiday; and
(b) $5.40 an hour to an employee other than an employee men-
tioned in clause (a). O. Reg. 490/90, s. 1.
4. Where a piece work rate being paid to employees other than
an employee mentioned in clause 3 (a) is customarily and generally
recognized in the area as having been set so that an employee exer-
cising reasonable effort would, if paid such a rate, earn at least the
minimum wage prescribed in section 3, the employer shall be
deemed to have paid an employee the minimum wages so prescribed.
R.R.O. 1980, Reg. 284, s. 4.
5. If housing accommodation, room and meals, or any of them,
are taken into account by an employer in calculating the minimum
wage of an employee, the maximum amount at which such housing
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EMPLOYMENT STANDARDS
Reg./Règl. 325
accommodation, room and meals, or any of them, is valued shall be
as follows:
1. Serviced housing
accommodation
2. Housing
accommodation
3. Room
4. Meals
5. Both room and
meals
$78.30 a week.
$57.80 a week.
$25.00 a week if the room is private and
$12.50 a week if the room is not private.
$2.00 a meal and not more than $42.00 a
week.
$67.00 a week if the room is private and
$54.50 a week if the room is not private.
O. Reg. 490/90, s. 2.
6. Despite any other regulation, every employer shall give to an
employee who has been employed by the employer for thirteen
weeks or more a vacation with pay or pay the employee vacation pay
under Part VIII of the Act. R.R.O. 1980, Reg. 284, s. 6.
7.— (1) Despite any other regulation, an employee who has been
employed by an employer for a period of thirteen weeks or more and
who is not excluded under clause 25 (1) (b), (c), (d) or (e) of the Act
is entitled to the employment standard provided in Part VII of the
Act for a public holiday.
(2) For the purposes of this section, an employee to whom this
Regulation applies shall be deemed to be employed in a continuous
operation. R.R.O. 1980, Reg. 284, s. 7.
REGULATION 325
GENERAL
Interpretation
1.— (1) In this Regulation,
"construction" includes all work in and about the construction, erec-
tion, demolition, repair, remodelling, decoration or alteration of
the whole or any part of a building or structure, the laying of pipe
and conduit above or below ground level, excavating, tunnelling,
fencing, grading, paving, land clearing, bridging and street and
highway building, but does not include work done by a person who
is regularly employed by a manufacturing, industrial or service
institution performing maintenance work on the premises of the
person's employer;
"domestic servant"
holder.
means a person who is employed by a house-
(a) as a sitter to attend primarily to the needs of a child who is a
member of the household,
(b) as a companion to attend to the needs of an aged, infirm or
ill member of the household, or
(c) as a domestic to perform services in the household who
works twenty-four hours a week or less;
"hotel, motel, tourist resort, restaurant and tavern" means every
establishment furnishing for payment accommodation, lodging,
meals or beverages, and includes hotels, motels, motor hotels,
tourist homes, tourist camps, tourist cabins and cottages, tourist
inns, catering establishments and all other establishments of a sim-
ilar nature;
"lodging" means the provision of a room and three meals per day for
a seven-day week;
"road building" means the preparation, construction, reconstruc-
tion, repair, alteration, remodelling, renovation, demolition, fin-
ishing and maintenance of streets, highways or parking lots,
including structures such as bridges, tunnels or retaining walls in
connection with streets or highways, and all foundations, installa-
tion of equipment, appurtenances and work incidental thereto;
"room" means a room that is reasonably furnished and reasonably fit
for human habitation, is supplied with clean bed linen and towels
and is reasonably accessible to proper toilet and wash-basin facili-
ties;
"seasonal employee" means an employee who works not more than
sixteen weeks in a calendar year for an employer;
"taxi cab" means a vehicle, with seating accommodation for not
more than nine persons exclusive of the driver, used for the car-
riage for hire of persons. R.R.O. 1980, Reg. 285, s. 1 (1).
(2) This Regulation, except for subsection 2 (2), clause
11 (1) (c), subsection 11 (2) and section 14, does not apply to a
domestic, nanny or sitter to whom Regulation 322 of Revised Regu-
lations of Ontario, 1990 applies. O. Reg. 534/87, s. 1.
Application of Act
2.— (1) The Act does not apply to,
(a) a secondary school student who performs work under a
work experience program authorized by the school board of
the school in which the student is enrolled;
(b) a person who performs work under a program approved by
a community college or university;
(c) an inmate of a correctional institution who participates
inside or outside the institution in a work project or rehabil-
itation program authorized under the Ministry of Correc-
tional Services Act; or
(d) an offender who performs work or services under an order
or sentence of a court.
(2) Where, under an agreement or arrangement between an
employee and the employer approved by the Director, a period of
two or more work weeks is the period in which the hours of work of
an employee may be averaged for the purpose of determining the
hours of work in each work week in the period,
(a) section 17 of the Act does not apply; and
(b) subsection 24 (1) of the Act does not apply to the hours of
work in a work week where such averaged hours do not
exceed forty-four. R.R.O. 1980, Reg. 285, s. 2.
Exemptions from Parts IV to VIII of Act
3.-(l) Parts IV, V, VI, VII and VIII of the Act do not apply to a
person employed,
(a) as a duly qualified practitioner of,
(i) architecture,
(ii) chiropody,
(iii) dentistry,
(iv) law,
(v) medicine,
(vi) optometry,
(vii) pharmacy.
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NORMES D'EMPLOI
Reg./Règl. 325
(viii) professional engineering,
(ix) psychology,
(x) public accounting,
(xi) surveying, or
(xii) veterinary science;
(b) as a duly registered drugless practitioner;
(c) as a teacher as defined in the Teaching Profession Act;
(d) as a student in training for the professions or callings men-
tioned in clause (a), (b) or (c);
(e) in commercial fishing;
(f) as a domestic servant;
(g) as a registered salesperson of a broker registered under the
Real Estate and Business Brokers Act;
(h) as a salesperson, other than a route salesperson, who is
entitled to receive all or any part of his or her remuneration
as commissions in respect of offers to purchase or sales of
goods, wares, merchandise or services and which offers or
sales are normally made at a place other than the place of
business of the employer; or
(i) on a farm whose employment is directly related to the pri-
mary production of eggs, milk, grain, seeds, fruit, vegeta-
bles, maple products, honey, tobacco, pigs, cattle, sheep
and poultry. R.R.O. 1980, Reg. 285, s. 3.
(2) Despite subsection (1), Part V of the Act applies to a person
described in clause (c) of the defmition of "domestic servant" in sub-
section 1 (1) if that person does not reside in the residence of the
householder. O. Reg. 309/87, s. 2.
Exemptions from Part IV of Act
HOURS OF WORK
4. Part IV, except section 22, of the Act does not apply to a per-
son employed,
(a) as a full-time firefighter as defined in the Fire Departments
Act;
(b) whose only work is supervisory or managerial in character;
(c) as a fishing or hunting guide;
(d) to work in construction;
(e) in,
(i) landscape gardening,
(ii) mushroom growing,
(iii) the growing of flowers for the retail and wholesale
trade,
(iv) the growing, transporting and laying of sod,
(v) the growing of trees and shrubs for the wholesale
and retail trade,
(vi) the breeding and boarding of horses on a farm, or
(vii) the keeping of fur-bearing animals as defined in the
Fur Farms Act, for propagation or the production of
pelts for commercial purposes;
(f) to perform homework;
(g) as a superintendent, janitor or caretaker of a residential
building and who resides in the building; or
(h) as an embalmer or funeral director. R.R.O. 1980, Reg.
285, s. 4.
Exemptions from Part V of Act
MINIMUM WAGES
5. Part V of the Act does not apply to a person employed,
(a) as a student in a recreational program operated by a chari-
table organization registered as a charitable organization in
Canada under Part I of the Income Tax Act (Canada),
where the work or duties of the student are directly con-
nected with the recreational program;
(b) as a student to instruct or supervise children;
(c) as a student at a camp for children;
(d) as a superintendent, janitor or caretaker of a residential
building who resides in the building;
(e) as a trainee in a course leading to registration as a regis-
tered nursing assistant under the Health Disciplines Act;
(f) as a trainee in a course of study for a laboratory technolo-
gist as required by the Canadian Society of Laboratory
Technologists; or
(g) as a trainee in a course of study for a radiological technician
as required by the Canadian Association of Medical Radia-
tion Technologists. R.R.O. 1980, Reg. 285, s. 5; O. Reg.
2/86, s. 1.
Exemptions from Part VI of Act
overtime pay
6. Part VI of the Act does not apply to a person employed,
(a) as a full-time firefighter as defined in the Fire Departments
Act;
(b) whose only work is supervisory or managerial in character;
(c) as a fishing or hunting guide;
(d) in,
(i) landscape gardening,
(ii) mushroom growing,
(iii) the growing of flowers for the retail and wholesale
trade,
(iv) the growing, transporting and laying of sod,
(v) the growing of trees and shrubs for the retail and
wholesale trade,
(vi) the breeding and boarding of horses on a farm, or
(vii) the keeping of fur-bearing animals as defined in the
Fur Farms Act, for propagation or the production of
pelts for commercial purposes;
499
Reg./Règl. 325
EMPLOYMENT STANDARDS
Reg./Règl. 325
(e) to perform homework;
(f) as a student to instruct or supervise children;
(g) as a student at a camp for children;
(h) as a student in a recreational program operated by a chari-
table organization registered as a charitable organization in
Canada under Part I of the Income Tax Act (Canada),
where the work or duties of the student are directly con-
nected with the recreational program;
(i) as a superintendent, janitor or caretaker of a residential
building and who resides in the building;
(j) as a taxi cab driver; or
(k) as an ambulance driver, ambulance driver's helper or first-
aid attendant on an ambulance. R.R.O. 1980, Reg. 285,
s. 6;0. Reg. 568/86, s. 4(1).
Exemptions from Part VII of Act
PUBLIC HOLIDAYS
7.— (1) Part VII of the Act does not apply to a person employed,
(a) as a full-time firefighter as defined in the Fire Departments
Act;
(b) as a fishing or hunting guide;
(c) in,
(i) landscape gardening,
(ii) mushroom growing,
(iii) the growing of flowers for the retail and wholesale
trade,
(iv) the growing, transporting and laying of sod,
(v) the growing of trees and shrubs for the retail and
wholesale trade,
(vi) the breeding and boarding of horses on a farm, or
(vii) the keeping of fur-bearing animals as defined in the
Fur Farms Act, for propagation or the production of
pelts for commercial purposes;
(d) to perform homework;
(e) as a student to instruct or supervise children;
(f) as a student at a camp for children;
(g) as a student in a recreational program operated by a chari-
table organization registered as a charitable organization in
Canada under Part I of the Income Tax Act (Canada),
where the work or duties of the student are directly con-
nected with the recreational program;
(h) as a superintendent, janitor or caretaker of a residential
building and who resides in the building;
(i) as a taxi cab driver; or
(j) as a seasonal employee in a hotel, motel, tourist resort, res-
taurant or tavern who is provided with room and board.
(2) An employee who works in construction and receives 7 per
cent or more of the employee's hourly rate or wages for vacation pay
or holiday pay is exempt from Part VII of the Act.
SUBSTITUTED DAY
(3) Where an employer, with the agreement of an employee to
whom section 25 of the Act does not apply, substitutes or designates
a day for a public holiday, the day so substituted or designated shall
be the public holiday for the purposes of section 26 of the Act.
R.R.O. 1980, Reg. 285, s. 1.
Exemptions from Part VIII of the Act
VACATION PAY
8. Part VIII of the Act does not apply to a person employed,
(a) as a trainee in a course leading to registration as a regis-
tered nursing assistant under the Health Disciplines Act;
(b) as a trainee in a course of study for a laboratory technolo-
gist as required by the Canadian Society of Laboratory
Technologists; or
(c) as a trainee in a course of study for a radiological technician
as required by the Canadian Association of Medical Radia-
tion Technologists. R.R.O. 1980, Reg. 285, s. 8; O. Reg.
2/86, s. 2.
Exemptions from Part XIII of the Act
9. Part XIII of the Act, except sections 50 and 51, does not apply
to an employee in a retail business establishment in which the pri-
mary retail business is one,
(a) that sells prepared meals;
(b) that rents living accommodations;
(c) that is open to the public for educational, recreational or
amusement purposes; or
(d) that sells goods or services incidental to a business
described in clauses (a) to (c) and that is located in the same
premises as the business. O. Reg. 288/89, s. I.
Minimum Wage Established
10.— (1) An employer shall pay not less than the following mini-
mum wage:
1. To an employee who is a student under eighteen years of
age if the weekly hours of the student are not in excess of
twenty-eight hours or if the student is employed during a
school holiday, $4.55 an hour.
2. To an employee who serves liquor directly to a customer,
guest, member or patron in premises for which a licence or
in a place for which a permit has been issued under the
Liquor Licence Act, $4.90 an hour.
3. For the services of a hunting or fishing guide, $27.00 for less
than five consecutive hours in a day and $54.00 for five or
more hours in a day whether or not the hours are consecu-
tive.
4. To an employee other than one to whom paragraph 1, 2 or
3 applies, $5.40 an hour.
(2) If meals or room or both are taken into account by an
employer in calculating the minimum wage of an employee, the max-
imum amount at which meals or room or both shall be valued for the
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Reg./Règl. 325
NORMES D'EMPLOI
Reg./Règl. 325
purposes of determining if the minimum wage has been paid to the
person is as follows:
1. Room
2. Meals
3. Both room
and meals
$25.00 a week if the room is private and $12.50
a week if the room is not private.
$2.00 a meal and not more than $42.00 a week.
$67.00 a week if the room is private and $54.50
a week if the room is not private. O. Reg.
489/90, s. 1, revised.
I
(3) Charges for meals or room shall not be deducted from the
minimum wages of an employee unless the employee has received
the meals or occupied the room supplied.
(4) Where an employee who is not a student,
(a) regularly works more than three hours a day;
(b) is required to present himself or herself for work; and
(c) works less than three hours,
the employee shall be deemed to have worked for three hours for the
purpose of determining whether the employee has been paid the
minimum wages prescribed under the Act.
(5) Subsection (4) does not apply where the employer is unable
to provide work for the employee because of fire, lightning, power
failure, storms or similar causes beyond the control of the employer
resulting in the stopping of work. R.R.O. 1980, Reg. 285,
s. 9 (3-5).
Regular Rate or Regular Wages
II.— (1) Subject to the definition of "regular rate" in section 1
and to section 5 of the Act, in determining the regular wages of an
employee whose hours of work differ from day to day or who is paid
on a basis other than time, the employee's regular wages for a public
holiday or a day that is substituted or designated for the public holi-
day for the purposes of Part VII of the Act shall be determined by,
(a) the method set out in a schedule declared in force under the
Industrial Standards Act, if the schedule applies to the
employee;
(b) the method agreed upon under or pursuant to a collective
agreement that is binding upon the employer and the
employee; and
(c) in a case where clause (a) or (b) does not apply, calculating
the average of the employee's daily earnings, exclusive of
overtime pay, over a period of thirteen work weeks preced-
ing the public holiday or the day that is substituted or desig-
nated for the public holiday.
(2) Subject to the definition of "regular rate" in section 1 of the
Act, in determining the regular rate or regular wages of an employee
whose hours of work differ from day to day or who is paid on a basis
other than time, for the purposes of Part XIV of the Act, the wages
of the employee for a regular non-overtime work week shall be
determined by calculating the average of the employee's weekly
earnings exclusive of overtime pay, for the weeks the employee has
worked in the period of thirteen work weeks preceding the date the
employee would have been entitled to receive notice of termination.
R.R.O. 1980, Reg. 285, s. 12.
12.— (1) Subject to subsection (2), work shall be deemed to be
performed by an employee for the employer,
(a) where work is,
(i) permitted or suffered to be done by the employer, or
(ii) in fact performed by an employee although a term of
the contract of employment expressly forbids or lim-
its hours of work or requires the employer to autho-
rize hours of work in advance;
(b) where the employee is not performing work and is required
to remain at the place of employment,
(i) waiting or holding himself or herself ready for call to
work, or
(ii) on a rest or break-time other than an eating period.
(2) Work shall not be deemed to be performed for an employer
during the time the employee,
(a) is entitled to,
(i) take time off work for an eating period,
(ii) take at least six hours or such longer period as is
established by contract, custom or practice for sleep-
ing and the employer furnishes sleeping facilities, or
(iii) take time off work in order to engage in the employ-
ee's own private affairs or pursuits as is established
by contract, custom or practice; or
(b) is not at the place of employment and is waiting or holding
himself or herself ready for call to work. R.R.O. 1980,
Reg. 285, s. 13.
Homemakers
13.— (1) In this section, "homemaker" means a person who is
employed by a person other than a householder to perform home-
making services for a householder or member of a household in the
private residence of the householder.
(2) Despite section 12, the hour of work in respect of which a
homemaker is to be paid at least the minimum wage shall be not
more than twelve hours in a day.
(3) Subclause 11 (a) (iii) of the Act and Parts IV and VI of the
Act do not apply to a homemaker who is paid in accordance with
subsection (2). R.R.O. 1980, Reg. 285, s. 14.
Deductions, Etcetera, from Wages
14.— (1) Despite section 8 of the Act, an employer may set off
against, deduct from, claim or make a claim against or retain or
accept the wages of an employee where,
(a) a statute so provides;
(b) an order or judgment of a court so requires; or
(c) subject to subsection (2), a written authorization of the
employee so permits or directs.
(2) No written authorization of an employee shall entitle an
employer to set off against, deduct from, retain, claim or accept
wages for faulty workmanship, or for cash shortages or loss of prop-
erty of the employer where a person other than the employee has
access to the cash or property.
(3) Where an employee has been given or paid a vacation with
pay or payment for vacation in excess of the requirements of Part
VIII of the Act, no employer shall set off or deduct such excess
against or from any vacation with pay, pay for vacation, or payment
under section 30 of the Act. R.R.O. 1980, Reg. 285, s. 15.
Road Building
IS.— (1) Despite Part VI of the Act, and subject to subsection (2),
501
Reg./Règl. 325
EMPLOYMENT STANDARDS
Reg./Règl. 326
(a) an employee engaged at the site of road building in relation
to streets, highways or parking lots shall be paid overtime
pay by the employer for each hour worked in excess of fifty-
five hours in a work week at an amount not less than one
and one-half times the employee's regular rate; and
(b) an employee engaged at the site of road building in relation
to structures such as bridges, tunnels or retaining walls in
connection with streets or highways shall be paid overtime
pay by the employer for each hour worked in excess of fifty
hours in a work week at an amount not less than one and
one-half times the employee's regular rate.
(2) Where the hours of work in the case of,
(a) an employee within clause (I) (a) are less than fifty-five
hours in a work week; or
(b) an employee within clause (1) (b) are less than fifty hours in
a work week,
the difference up to an amount not exceeding twenty-two hours
between the hours of work in the work week and fifty-five hours or
fifty hours, as the case may be, may be added to the maximum hours
prescribed by clause (1) (a) or (b) for the purpose of determining the
overtime pay of the employee in the immediately following calendar
week. R.R.O. 1980, Reg. 285, s. 16.
Special Overtime Provisions
hotel, motel, etcetera
Highway Transport
18.— (1) Despite Part VI of the Act, an employer shall pay to an
employee who is a driver of a public truck overtime pay for each
hour worked in excess of sixty hours in a work week at an amount
not less than one and one-half times the employee's regular rate.
(2) Subsection (1) applies to employees who are drivers of public
trucks that are operated by holders of operating licences issued
under the Truck Transportation Act.
(3) Subsection (1) does not apply to employees who are drivers of
vehicles used in the business of carrying goods for hire within a
municipality or to any point not more than five kilometres beyond
the municipality's limits.
(4) For purposes of this section, in computing the number of
hours worked by an employee in a week, only those hours during
which the employee is directly responsible for the public truck shall
be included. O. Reg. 409/90, s. 2, part.
REGULATION 326
RESIDENTIAL CARE WORKERS
1. In this Regulation,
"day" means the twenty-four hour period between 12 o'clock in the
forenoon and 12 o'clock in the afternoon of the same day;
16.— (1) Despite Part VI of the Act, an employee who works for
the owner or operator of a hotel, motel, tourist resort, restaurant or
tavern for twenty-four weeks or less in a calendar year and who is
provided with room and board shall be paid overtime pay by the
employer for each hour worked in excess of fifty hours in a work
week at an amount not less than one and one-half times the employ-
ee's regular rate. O. Reg. 189/84, s. 1.
FRESH FRUITS AND VEGETABLES PROCESSING
(2) Despite Part VI of the Act, a seasonal employee whose
employment is directly related to the canning, processing and pack-
ing of fresh fruits or vegetables or the distribution thereof by the can-
ner, processor or packer shall be paid overtime pay by the employer
for each hour worked in excess of fifty hours in a work week at an
amount not less than one and one-half times the employee's regular
rate.
SEWER AND WATERMAIN CONSTRUCTION
(3) Despite Part VI of the Act, an employee who is employed in
laying, altering, repairing or maintaining sewers and watermains and
work incidental thereto or in guarding the site during the laying,
altering, repairing or maintaining of sewers and watermains shall be
paid overtime pay by the employer for each hour worked in excess of
fifty hours in a work week at an amount not less than one and one-
half times the employee's regular rate. R.R.O. 1980, Reg. 285,
s. 17(4,5).
Local Cartage
17.— (1) Despite Part VI of the Act, an employer shall pay to an
employee who is a driver of a vehicle or who is a driver's helper over-
time pay for each hour worked in excess of fifty hours in a work week
at an amount not less than one and one-half times the employee's
regular rate.
(2) Subsection (1) applies to employees who are drivers of vehi-
cles used in the business of carrying goods for hire within a munici-
pality or to any point not more than five kilometres beyond the
municipality's limits and to employees who are drivers' helpers on
such vehicles. O. Reg. 409/90, s. 2,part.
"minimum wage" means the general minimum wage prescribed
under Regulation 325 of Revised Regulations of Ontario, 1990;
"residential care worker" means a person who is employed to super-
vise and care for children or developmentally handicapped persons
in a family-type residential dwelling or cottage and who resides in
the dwelling or cottage during work periods, but does not include a
foster parent. O. Reg. 440/82, s. 1.
2. This Regulation applies to an employee who is employed as a
residential care worker. O. Reg. 440/82, s. 2.
3.— (1) Subject to subsection (2), every employer of a residential
care worker shall pay to such worker for each day of work wages in a
minimum amount not less than an amount calculated by multiplying
twelve hours by the worker's regular rate which rate shall not be less
than the minimum wage.
(2) Where by arrangement with the employer, a residential care
worker is free from the performance of normal and regular duties in
a day and as a result works less than twelve hours, the worker shall
be paid wages not less than an amount calculated by multiplying the
number of hours worked by the worker's regular rate as mentioned
in subsection (1). O. Reg. 440/82, s. 3.
4. In addition to the wage payable under section 3, a residential
care worker shall be paid not less than his or her regular rate for not
more than three additional hours worked in excess of twelve hours of
work in a day, where the residential care worker makes and keeps an
accurate daily record of the number of hours worked in the day and
provides the record to the employer on or before the pay day next
following the pay day for the pay period in which the work is
performed. O. Reg. 440/82, s. 4.
5. Where meals or room or both are taken into account by an
employer in calculating the wage payable under sections 3 and 4, the
maximum amount at which meals or room or both shall be valued for
the purpose of determining if the minimum wage has been paid to
the residential care worker shall be determined in accordance with
Regulation 325 of Revised Regulations of Ontario, 1990. O. Reg.
440/82, s. 5.
6.— (1) Every employer shall give to a residential care worker not
502
Reg./Règl. 326
NORMES D'EMPLOI
Reg./Règl. 327
less than thirty-six hours, either consecutive or as may be arranged
with the consent of the worker, in each work week free from the per-
formance of any duties for the employer.
(2) Where at the request of the employer, and with the consent of
the residential care worker, work is performed by the residential care
worker during a free hour mentioned in subsection (1), such free
hour shall be added to one of the next eight subsequent thirty-six
hours of time free from the performance of any duties.
(3) Where no compensating time free from the performance of
duties is given as prescribed by subsection (2), the employer shall pay
the residential care worker at least one and one-half times his or her
regular rate for the time spent in performing duties during a free
hour. O. Reg. 440/82, s. 6.
7. Work shall be deemed not to be performed during any agreed
upon time free from the performance of any duties spent by the resi-
dential care worker at the dwelling or cottage or while the residential
care worker is attending to private affairs or pursuits or while he or
she is resting, sleeping or eating. O. Reg. 440/82, s. 7.
8. Subclause 11 ( 1 ) (a) (iii) and Parts IV and VI of the Act do not
apply to or in respect of a residential care worker. O. Reg. 440/82,
s. 8.
REGULATION 327
TERMINATION OF EMPLOYMENT
1. For the purposes of section 57 of the Act,
"temporary lay-off means,
(a) a lay-off of not more than thirteen weeks in any period of
twenty consecutive weeks,
(b) a lay-off of more than thirteen weeks where,
(i) the person continues to receive payments from the
employer,
(ii) the employer continues to make payments for the
benefit of the person laid off under the provisions of
a bona fide retirement or pension plan or under a
bona fide group or employee insurance plan,
(iii) the person laid off receives supplementary unem-
ployment benefits, or
(iv) the person laid off is entitled to be in receipt of sup-
plementary unemployment benefits but does not
receive the same because he or she is employed else-
where during the lay-off, or
(c) a lay-off of more than thirteen weeks where the employer
recalls the person within the lime or times fixed by the
Director;
"termination of employment" includes a lay-off of a person for a
period longer than a temporary lay-off;
"week of lay-off means a week in which a person receives less than
one-half of the amount the person would earn at his or her regular
rate in a normal non-overtime work week, but shall not mean a
week in which a person,
(a) was not able to work or not available for work,
(b) was subject to disciplinary suspension, or
(c) was not provided with work by the employer by reason of
any strike or lock-out occurring at his or her place of
employment or elsewhere. R.R.O. 1980, Reg. 286, s. 1;
O. Reg. 120/85, s. 1.
2. Section 57 of the Act does not apply to a person who,
(a) is laid off after refusing an offer by the employer of reason-
able alternate work;
(b) is laid off after refusing alternate work made available
through a seniority system;
(c) is on lay-off and does not return to work within a reason-
able time after being requested to do so by the employer;
(d) is laid off or terminated during or as a result of a strike or
lock-out at his or her place of employment;
(e) is employed in the construction, alteration, decoration,
repair or demolition of buildings, structures, roads, sewers,
water or gas mains, pipelines, tunnels, bridges, canals or
other works at the site thereof;
(f) is employed under an arrangement whereby the person may
elect to work or not for a temporary period when requested
to do so; or
(g) having reached the age of retirement according to the estab-
lished practice of the employer, has his or her employment
terminated. R.R.O. 1980, Reg. 286, s. 2; O. Reg. 120/85,
s. 2.
3. An employer who is engaged in the building, alteration or
repair of a ship or vessel with a gross tonnage of over ten tons
designed for or used in commercial navigation is exempt from section
57 of the Act in respect of an employee to whom a bona fide supple-
mentary unemployment benefit fund, plan or arrangement applies
that has been agreed upon by the employer and the employee or the
employee's agent if the employee or the agent consents or agrees in
writing to such exemption. R.R.O. 1980, Reg. 286, s. 3; O. Reg.
120/85, s. 3.
4. Subject to section 5, the notice required to be given by an
employer under subsection 57 (2) of the Act shall not be less than,
(a) eight weeks' notice if the employment of fifty or more per-
sons and fewer than 200 persons is to be terminated at an
establishment;
(b) twelve weeks' notice if the employment of 200 or more per-
sons and fewer than 500 persons is to be terminated at an
establishment; and
(c) sixteen weeks' notice if the employment of 500 or more per-
sons is to be terminated at an establishment. R.R.O.
1980, Reg. 286, s. 4.
5.— (1) Where not more than 10 per cent of the persons employed
at an establishment, being fifty or more persons, have their employ-
ment terminated in any period of four weeks or less, subsection
57 (1) of the Act applies unless the termination is caused by the per-
manent discontinuance of all or part of the business of the employer
at the establishment in which case subsection 57 (2) of the Act
applies.
(2) In determining the number of persons employed at an estab-
lishment for the purposes of subsection (1), those persons who have
been employed for less than three months shall not be taken into
consideration. R.R.O. 1980, Reg. 286, s. 5.
6. A person who has been employed for less than three months
shall not be entitled to notice under subsection 57 (2) of the Act.
R.R.O. 1980, Reg. 286, s. 6.
7.— (1) Where the terms of employment permit a person whose
employment is terminated to take another position in the establish-
ment as a result of which some other person loses his or her employ-
ment, the employer may post a notice in a conspicuous part of the
establishment listing the name, seniority and job classification of the
person whose employment is to be terminated in the first instance
and setting forth the date of termination.
503
Reg./Règl. 327
EMPLOYMENT STANDARDS
Reg./Règl. 327
(2) The posting of the notice mentioned in subsection (1) shall be
notice of termination of employment as of the day of posting to the
person losing his or her employment in the circumstances set out in
subsection (1).
(3) Clause 57 (13) (a) of the Act does not apply to a person
remaining in the employment of the employer in the circumstances
set out in subsection (1). R.R.O. 1980, Reg. 286, s. 8.
8.— (1) Notice of termination of employment shall be in writing
addressed to each person whose employment is to be terminated and
shall be served personally or by registered mail.
(2) Notice of termination of employment may be made condi-
tional upon the happening of a future event provided that the length
of the notice complies with the Act and this Regulation.
(3) Notice of indefinite lay-off shall be deemed to be notice of
termination of employment.
(4) Where a person who has been laid off is no longer temporar-
ily laid off as defined in this Regulation, the employment of that per-
son shall be deemed to have been terminated upon the first day of
the lay-off and the employer shall pay to that person an amount cal-
culated in accordance with subsection 57 (14) of the Act, as though
the employment of the person had been terminated forthwith with-
out notice. R.R.O. 1980, Reg. 286, s. 9.
9. — (1) Without affecting the date of termination of employment
or period of employment, an employee who has been given notice of
termination or whose employment has been terminated in accor-
dance with the Act or this Regulation may be given temporary work,
(a) during the thirteen week period following the date of termi-
nation; and
(b) if the Director's approval is obtained, for a fixed period or
periods after the thirteen week period following the date of
termination, ;
and section 57 of the Act does not apply so as to require a further
notice of termination in relation to the temporary work.
(2) The Director may approve temporary w(irk under clause
10 (1) (b) where he or she is satisfied that, '•
(a) the request for approval is made in good faith and is reason-
able having regard to the nature of the work tequirements;
(b) the request is not intended to have and will. not have the
effect of defeating the intent and purpose of the Act and
this Regulation; and
(c) failure to approve the temporary work will result in a loss of
employment opportunities,
and may impose such terms and conditions on the approval as he or
she considers appropriate.
(3) For the purposes of subsection 14 (2) a period of employment
includes a period of temporary work mentioned in subsection (1).
O.Reg. 531/83, s. 1.
10. The length of notice of termination of employment shall not
include any week of vacation unless the person after receiving the
notice agrees to take vacation during the period of the notice.
R.R.O. 1980, Reg. 286, s. 11.
11.— (1) Subject to subsection (2), the employer shall pay to the
person given notice of termination of employment the wages to
which the person is entitled for work performed during the period of
notice, but in no case shall the employer pay to the person for each
week during the period of notice an amount less than the amount the
person would have received for a normal non-overtime work week at
his or her regular rate, whether the person performed work or not.
R.R.O. 1980, Reg. 286, s. 12 (1).
(2) Where during the period of notice of termination the person
who has been given that notice is guilty of wilful misconduct or dis-
obedience or wilful neglect of duty that has not been condoned by
the employer, section 57 of the Act and this Regulation does not
apply. R.R.O. 1980, Reg. 286, s. 12 (2); O. Reg. 120/85, s. 4.
12.— (1) For the purposes of subsections 57 (13) and (14) of the
Act and of section 1 1 of this Regulation, the employer shall not make
any deduction from the amounts to be paid thereunder except a
deduction,
(a) required to be made pursuant to a statute;
(b) subject to subsection (2), expressly authorized in writing by
the person or his or her agent; or
(c) pursuant to an order or judgment of a court.
(2) An authorization in writing which permits a deduction for,
(a) cash shortages where two or more persons have access to
the cash;
(b) losses due to faulty work; or
(c) the value of property stolen from the person,
is void. R.R.O. 1980, Reg. 286, s. 13.
13. Where the employment of a person is terminated by notice of
termination or otherwise under the provisions of this Regulation, any
payments to which the person is entitled under,
(a) retirement pension;
(b) sickness or disability insurance; or
(c) workmen's compensation,
shall not be payments for the purposes of subsections 57 (13) and
(14) of the Act and section 11 of this Regulation. R.R.O. 1980,
Reg. 286, s. 14.
14.— (1) Subject to subsection (2), period of employment consti-
tutes the period between the time that the employment first began
and the time that notice of termination is or should have been given
and shall include employment before the coming into force of section
57 of the Act. R.R.O. 1980, Reg. 286, s. 15 (1); O. Reg. 120/85,
s. 5 (1).
(2) Successive periods of employment of a person by an employer
shall constitute one period of employment except where the succes-
sive periods of employment are more than thirteen weeks apart, in
which case the period of last employment shall constitute the period
of employment for the purposes of section 57 of the Act. R.R.O.
1980, Reg. 286, s. 15 (2); O. Reg. 120/85, s. 5 (2).
15.— (1) Where a person is employed for a term or a task and the
term or task exceeds a period of twelve months, the employment
shall be deemed not to be employment for a definite term or task.
(2) Where a person who is employed for a definite term or task
continues to be employed for a period of three months or more after
completion of the term or task, the employment of that person shall
be deemed not to be employment for a definite term or task and his
or her employment shall be deemed to have commenced at the
beginning of the term or task. R.R.O. 1980, Reg. 286, s. 16.
16. Where the employment of a person is terminated by notice of
termination under section 57 of the Act, any payments that the per-
son receives during the period of notice under the Unemployment
Insurance Act (Canada) pursuant to a worksharing program insti-
tuted by the employer and employees or their agent shall be taken
into account and deducted from the wages the person is entitled to
receive under subclause 57 (13) (b) (i) of the Act. O. Reg. 301/84,
s. 1.
504
Reg./Règl. 328
Reg./Règl. 328
Endangered Species Act
Lotsnrtéséspèces en voie de disparition
REGULATION 328
ENDANGERED SPECIES
1. The species of fauna listed in Schedule 1 are declared to be
threatened with extinction. R.R.0. 1980, Reg. 287, s. 1.
2. The species of flora listed in Schedule 2 are declared to be
threatened with extinction. R.R.O. 1980, Reg. 287, s. 2.
Schedule 1
1. Coluber constrictor foxi Baird and Girard commonly known
as Blue Racer.
2. Crotalus honidits horridus Linnaeus commonly known as
Timber Rattlesnake.
3. Falco peregrinis Tunstall commonly known as Peregrine
Falcon.
4. Haliaeetus leucocephalus alascanus Townsend commonly
known as Bald Eagle.
5. Nerodia sipedon insularum Conant and Clay commonly
known as Lake Erie Water Snake.
6. Charadrius melodus Ord commonly known as Piping
Plover.
7. Numenius borealis Forster commonly known as Eskimo
Curlewv
8. Aquila chrysaëtos Linnaeus commonly known as Golden
Eagle.
9. Pelecanus erythrorhynchos Gmelin commonly known as
White Pelican.
10. Felis concolor couguar Kerr commonly known as Mountain
Lion or Eastern Cougar.
11. Dendroica kirtlandii Baird commonly known as Kirtland's
Warbler.
12. Lycaeides melissa samuelis Nabokov, commonly known as
Kamer Blue Butterfly.
13. Callophrys (/.) irus (Godart) commonly known as Frosted
Elfin. R.R.O. 1980, Reg. 287, Sched. 1; O. Reg. 322/84,
s. 1; O. Reg. 195/88, s. 1; O. Reg. 299/90, s. 1.
Schedule 2
1. Cypripèdium candidum Muhl commonly known as Small
White Lady's-slipper orchid.
2. Isotria medeoloides (Pursh) Raf. commonly known as Small
Whorled Pogonia.
3. Isotria verticillata (Muhl. ex. Willd.) Raf. commonly known
as Large Whorled Pogonia.
4. Magnolia acuminata Linnaeus commonly known as Cucum-
ber Tree in the following locations:
i. Township of Pelham: Lot 9, Concession V, Lot 12,
Concession VII, lots 14, 15 and 18, Concession VIII,
Lot 18, Concession IX,
ii. Township of Delhi (formerly geographic Township
of Charlotteville): lots 5 and 6, Concession V,
iii. Township of Norfolk (formerly geographic Town-
ship of North Walsingham): Lot 23, Concession
XIV.
5. Opuntia humifusa (Rafinesque) Rafinesque commonly
known as Prickly Pear Cactus in the following locations:
i. Fish Point Provincial Nature Reserve on Pelee
Island in the Township of Pelee,
ii. Point Pelee National Park in the Township of Mer-
sea.
6. Plantago cordata Lamarck commonly known as Heart-
leaved Plantain. R.R.O. 1980, Reg. 287, Sched. 2;
O. Reg. 153/81, s. 1; O. Reg. 252/87, s. 1; O. Reg. 195/88,
s. 2.
505
Reg./Règl. 329
Reg./Règl. 329
Energy Act
Loi sur les hydrocarbures
REGULATION 329
FUEL OIL CODE
1. In this Regulation,
"approved" means,
(a) where applied to a standard, that the standard is listed in
"Titles of Appliances, Equipment and Accessory Standards
Authorized for Use in the Province of Ontario under the
Ener^ Act" ,
(b) where applied to an appliance, that the appliance bears a
label issued by the Director, or bears a label of a designated
testing organization, certifying conformance with a stan-
dard acceptable to the Director or conforming with a Labo-
ratory test report accepted by the Director, or
(c) where applied to an installation, that it conforms with this
Regulation;
"professional engineer" means a person who is a member or licensee
of the Association of Professional Engineers of the Province of
Ontario. R.R.O. 1980, Reg. 288, s. 1.
2.— (1) The Code issued by the Canadian Standards Association
entitled "Installation Code for Oil Burning Equipment, CSA B139 -
1976" as it existed on the 1st day of September, 1977 and the Stan-
dards, Specifications and Codes set out therein as reference publica-
tions insofar as they apply to the said Code are adopted as part of
this Regulation with the following change:
1. Part 3 is amended by adding the following clause:
3.13.4 This code also encompasses appliances utilizing catalytic
fuels including CGSB 3-GP-27c Naphtha.
(2) Where there is a conflict between a standard, specification,
code or pubhcation adopted in subsection (1) and this Regulation,
this Regulation prevails.
(3) A reference in the Code adopted in subsection (1) to the
National Building Code shall be deemed to be a reference to the
Ontario Building Code. R.R.O. 1980, Reg. 288, s. 2.
3.— (1) Where a leak is suspected in any tank or piping or where
the Director so requests, the owner of the tank or piping shall,
(a) arrange for a recorded pressure test with readings four
hours and twelve hours from commencement of the test on
tanks and piping at pressures of,
(i) not more than 5 psig for uncovered tanks,
(ii) not less than 5 psig or more than 15 psig for covered
tanks, and
(iii) at least 50 psig or one and one-half times the operat-
ing pressure, whichever is the greater, but not more
than 100 psig for piping;
(b) prior to a pressure test being applied to any piping, ensure
that the piping is disconnected from the tank, pump or
other equipment that may be damaged by the applied pres-
sure;
(c) ensure that no pressure test is performed with any product
in the tank unless prior authorization has been obtained
from the Director; and
(d) ensure that the pressure gauges used in the test required by
this subsection are calibrated in increments not greater
than,
(i) one-tenth of one pound per square inch for the tank
test, and
(ii) one-half of one pound per square inch for the piping
test.
(2) The owner or a person authorized by the owner shall certify
on the record of the test that he or she has witnessed all tests and
repairs required by subsection (1) and the records shall be retained
by the owner for a period of two years from the date of the test.
R.R.O. 1980, Reg. 288, s. 3.
4. The owner of a supply tank or its piping shall,
(a) ensure that any leaks are repaired;
(b) ensure that any defective equipment or component is
repaired or replaced forthwith;
(c) take all reasonable precautions to prevent the escape or
spillage of fuel oil during all operations including testing
and repairing; and
(d) ensure that escaped fuel oil is recovered and contaminated
soil is removed forthwith. R.R.O. 1980, Reg. 288, s. 4.
5. Where an underground tank will not be used, or where it has
not been used for two years, whichever comes first, the owner of the
tank shall,
(a) remove any product from the tank and connected piping;
(b) remove the tank from the ground, and
(i) remove the piping from the ground, or
(ii) purge the piping of combustible vapours and per-
manently seal the ends of the piping by capping or
plugging;
(c) where the soil around the tank is contaminated with oil
from the tank, remove such contaminated soil; and
(d) fill any cavities caused by removal of the tank to grade level
with clean land fill. R.R.O. 1980, Reg. 288, s. 5.
6. No person shall make a weld in any steel pipe that forms or is
intended to form a part of a steel pipeline or a component of a steel
pipeline unless he or she is qualified to make the weld in accordance
with the requirements of CSA Standard Z184-1975 Gas Pipeline Sys-
tems and is the holder of a subsisting identification card issued under
the BoUen and Pressure Vessels Act. R.R.O. 1980, Reg. 288, s. 6.
7. Where piping from a supply tank for the supply of fuel oil to or
from fuel oil burner equipment is heated by electrical heating cables
or the piping is used as an electrical resistance heating element, the
owner shall provide and maintain temperature limit controls to
507
Reg./Règl. 329
ENERGY
Reg./Règl. 329
ensure the temperature of the fuel oil is not raised above its flash
point. R.R.O. 1980, Reg. 288, s. 7.
8.— (1) The lessor of a construction heater shall, at the time of
delivery to the lessee, ensure that,
(a) the construction heater and its accessories are approved and
are in a safe operating condition; and
(b) the lessee is instructed in the safe installation and use of the
construction heater and its accessories as set out in Part 12
of the Code adopted in section 2.
(2) The lessee of a construction heater shall ensure that,
(a) the construction heater and its accessories are installed and
used in accordance with the manufacturer's safety instruc-
tions as approved by a testing organization designated
under section 15, and Part 12 of the Code adopted in sec-
tion 2;
(b) the installation of a construction heater and any associated
piping and the repair, servicing, or removal of the heater is
performed only by a person holding a certificate as a cate-
gory 11 oil burner mechanic;
(c) the handling and operation of a construction heater and its
accessories are performed by a person who has been
instructed in the proper performance of such handling and
operation;
(d) a malfunctioning or damaged construction heater or its
accessories is removed from service and such malfunction
or damage is reported to the lessor.
(3) Where the owner of a construction heater and its accessories
is also the user of the heater and accessories, he or she shall ensure
that,
(a) the construction heater and its accessories are approved and
are maintained in a safe operating condition;
(b) the construction heater and its accessories are installed and
used in accordance with the manufacturer's safety instruc-
tions as approved by a testing organization designated
under section 15, and Part 12 of the Code adopted in sec-
tion 2;
(c) the installation of a construction heater and any associated
piping and the repair, servicing or removal of the heater is
performed only by a person holding a certificate as a cate-
gory II oil burner mechanic;
(d) the handling and operation of a construction heater and its
accessories is performed by a person who has been
instructed in the proper performance of such handling and
operation; and
(e) a damaged or malfunctioning construction heater and its
accessories are removed from service. R.R.O. 1980, Reg.
288, s. 8.
9.— (1) Subject to subsections (2) and (3), no person shall offer
for sale, sell, lease, rent, buy or install an appliance for which there is
an approved standard unless it is a certified package unit as defined
in the Code adopted in section 2.
(2) Where a burner in an existing package unit or other oil-fired
appliance is to be replaced, the replacement burner shall,
(a) be certified for field installation and be suitable for the
application for which it is intended;
(b) be chosen and installed by a person holding a certificate as a
category II oil burner mechanic; and
(c) be installed in accordance with Part 9 of the Code adopted
in section 2 and the manufacturer's instructions as approved
by a testing organization designated under section 15.
(3) An appliance and its equipment that conforms with the appli-
cable requirements of the Code adopted in section 2 is exempt from
section 10 of the Act where,
(a) the input to the appliance and its equipment is greater than
70 U.S. gallons per hour; or
(b) the appliance and its equipment is being used for the func-
tion for which it was designed and has previously been used
in another location. R.R.O. 1980, Reg. 288, s. 9.
10. Every contractor who installs an appliance shall record his or
her name, address and registration number on the appliance in a
readily visible location. R.R.O. 1980, Reg. 288, s. 10.
11.— (1) The owner of an appliance shall ensure that the appliance
and its accessories are maintained in a safe operating condition and
that damaged or defective appliances or accessories are repaired or
replaced forthwith.
(2) Where a distributor, contractor or oil burner mechanic finds
that,
(a) an appliance or its installation does not comply with this
Regulation;
(b) the combustion products of an appliance are not safely
vented;
(c) an appliance has been tagged as unsafe;
(d) an appliance is used for a purpose other than that for which
it is designed;
(e) any device, attachment, alteration or deterioration might in
any way,
(i) impair the combustion within an appliance, or
(ii) impair the safe venting of an appliance; or
(f) there is non-compliance with this Regulation with respect to
the supply of air for combustion,
the distributor, contractor or oil burner mechanic, as the case may
be, shall forthwith notify in writing the owner, or where the owner is
not known or is unable to be located, the operator of the appliance
and the Director of the condition. R.R.O. 1980, Reg. 288, s. 11.
12.— (1) No person shall deliver fuel oil to an appliance where the
fill and vent pipes connected to the supply tank feeding the appliance
do not terminate outside the building.
(2) Where a distributor finds that the fill or vent pipes connected
to the supply tank feeding an appliance do not terminate outside the
building and refuses to deliver fuel oil to the appliance in accordance
with subsection (1), he or she shall notify the owner or where the
owner is not known or is unable to be located, the operator of the
appliance and the Director of the reason for non-delivery. R.R.O.
1980, Reg. 288, s. 12.
13. Where a distributor supplies fuel oil through underground
piping from a central supply tank or tanks, the distributor shall
ensure that,
(a) accurate inventory records are maintained and reconciled
against daily degree day accumulations of the system for
indication of possible leakage from tanks or piping;
(b) any defective equipment or component is repaired or
replaced forthwith;
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Reg./Règl. 329
HYDROCARBURES
Reg./Règl. 329
(c) any leak is reported to an inspector within twelve hours of
its discoveiy;
(d) the underground part of a repaired or replaced piping is not
backfilled until it has been inspected by a person who holds
a certificate as a fuel oil pipeline inspector; and
(e) any escaped fuel oil is recovered and contaminated soil is
removed forthwith. R.R.O. 1980, Reg. 288, s. 13.
14. Where a fuel oil appliance is served by a pipeline, the distrib-
utor shall arrange for inspection of the appliance at intervals
approved by the Director. R.R.O. 1980, Reg. 288, s. 14.
15.— (1) The Canadian Standards Association, the Underwriters'
Laboratories of Canada and the Canadian Gas Association are desig-
nated as organizations to test fuel oil appliances, including those
designed to burn both gas and fuel oil, together or separately, and
catalytic heaters to approved standards and, where the appliances
conform to the standards, to place their label thereon.
(2) The Canadian Gas Association, the Canadian Standards
Association and the Underwriters' Laboratories of Canada are desig-
nated as organizations to test equipment, components or accessories
to approved standards and, where the equipment, components or
accessories conform to the standards, to place their label thereon.
(3) Where an organization designated in subsection (1) is testing
an appliance having components or accessories previously certified
by an organization not designated in subsection (1), such compo-
nents or accessories shall be investigated to confirm whether they
comply with the applicable approved standards. R.R.O. 1980,
Reg. 288, s. 15.
16. An appliance, component, accessory or equipment for which
there is no approved standard may be tested by a testing organization
designated by section IS and the organization shall report its findings
to the Director, and where the report is accepted by the Director, the
label of the designated testing organization may be placed on the
appliance, component, accessory or equipment certifying confor-
mance with the report and the label shall constitute approval.
R.R.O. 1980, Reg. 288, s. 16.
17.— (1) Any person may apply to the Director for a label in
respect of the fuel features of an appliance that does not bear the
label of the Canadian Gas Association, the Canadian Standards
Association or the Underwriters' Laboratories of Canada.
(2) Where an application is made under subsection (1), and,
(a) the Director is of the opinion that it is not feasible for an
organization designated under section IS to test and label
the appliance; and
(b) an inspector inspects the appliance and finds that the fuel
features conform to approved standards,
the Director shall, subject to subsection (4), issue a label for the fuel
features of the appliance that the inspector shall affix to the appli-
ance.
(3) Where the inspector so requires, an applicant for a label shall
conduct, in the presence of the inspector, such tests as are considered
necessary by the inspector to determine that the fuel features of the
appliance conform to approved standards.
(4) The Director may refuse to issue a label to an applicant under
subsection (1), where two or more appliances of substantially the
same design manufactured by two or more persons have been tested
and labelled by an organization designated under section IS.
R.R.O. 1980, Reg. 288, s. 17 (1-4).
(5) The fee payable for an inspection of the fuel features of an
appliance, for reviewing drawings or for observing a test to deter-
mine that the fuel features of the appliance conform to approved
standards is $100 for every hour or fraction thereof of the time spent
by an inspector and may include travel time and the reasonable
travel and living expenses of the inspector. O. Reg. 453/89, s. 1.
(6) The Director may authorize an organization designated under
section 15,
(a) to perform the inspection described in clause (2) (b); and
(b) to require the applicant for a label under subsection (1) to
conduct such tests as are considered necessary by the testing
organization to determine that the appliance conforms to
approved standards.
(7) The organization authorized under subsection (6) shall,
where the inspection or testing of the appliances under subsection (6)
indicates that the fuel features conform to approved standards, place
its label thereon. R.R.O. 1980, Reg. 288, s. 17 (6, 7).
18.— (1) An application for a licence to distribute fuel oil by pipe-
line or a renewal thereof under section 12 of the Act shall be made to
the Director.
(2) A licence to distribute fuel oil by pipeline or a renewal
thereof shall be issued to the applicant where the distribution system
complies with this Regulation. R.R.O. 1980, Reg. 288, s. 18 (1, 2).
(3) The fee payable on an application for a licence to distribute
fuel oil by pipeline or a renewal thereof for one year is $75 for each
distribution system.
(4) The fee payable for an inspection by an inspector upon an
application for a licence is $100 per hour or part thereof. O. Reg.
453/89, s. 2.
19.— (1) An application for a registration as a contractor under
section 13 of the Act or a renewal thereof shall be made to the
Director. R.R.O. 1980, Reg. 288, s. 19 (1).
(2) The fee payable on an application for a registration as a con-
tractor or a renewal thereof is $100 for one year. O. Reg. 453/89,
s. 3, part.
(3) Evidence of registration as a contractor, or a renewal thereof,
shall be issued to an applicant by the Director when the applicant is
registered as a contractor or the registration is renewed.
(4) A contractor shall display evidence of registration in a con-
spicuous place in the contractor's business premises and shall notify
the Director forthwith of any change of business address.
(5) Every registration or renewal thereof, expires on the date
indicated thereon.
(6) Registrations and renewals thereof are not transferable.
R.R.O. 1980, Reg. 288, s. 19 (3-6).
(7) If a person's evidence of registration is lost or destroyed, the
Director shall, upon request and payment of a $10 fee, issue a dupli-
cate registration.
(8) If the name of a registered contractor is changed, the Director
shall, upon receipt of evidence of the name change and payment of a
$10 fee, issue a registration in the new name. O. Reg. 453/89, s. 3,
part.
20.— (1) A certificate as required by subsection 14 (1) or subsec-
tion 17 (2) of the Act or a renewal thereof when issued to an appli-
cant shall be designated as a category II oil burner mechanic, cate-
gory III oil burner mechanic, or a pipeline inspector certificate, as
the case may be.
(2) An application for a certificate as a category II oil burner
mechanic or category III oil burner mechanic under subsection
14 (1) of the Act or a renewal thereof shall be made to the Director.
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Reg./Règl. 329
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Reg./Règl. 330
(3) An application for a certificate as a fuel oil pipeline inspector
as required by subsection 17 (2) of the Act or renewal thereof shall
be made to the Director. R.R.O. 1980, Reg. 288, s. 20 (1-3).
(4) The fee payable on an initial application for a certificate as a
category II oil burner mechanic, category III oil burner mechanic or
as a pipeline inspector, or a renewal thereof, is $40 and if a certificate
is issued, the application fee shall be applied to the issue of the initial
certificate. O. Reg. 453/89, s. 4, part.
(5) An applicant for a certificate as a category II oil burner
mechanic, category III oil burner mechanic or as a pipeline inspec-
tor, or a renewal thereof, shall satisfy the Director as to his or her
knowledge and competence with respect to the subject-matter of the
type of certificate applied for. R.R.O. 1980, Reg. 288, s. 20 (5).
(6) If an applicant for a certificate is not successful in satisfying
the Director as to his or her knowledge and competence with respect
to the subject-matter of the type of certificate applied for, the appli-
cant may not make another application for a certificate until a period
of at least thirty days has elapsed after the date of examination.
(7) The fee payable on a subsequent application is $40. O. Reg.
453/89, s. 4, part.
(8) A certificate issued under this section expires on the second
birthday of the holder next following the issuance of the certificate
and any subsequent renewal shall be for a period of two years expir-
ing on the birthday of the holder.
(9) The holder of a certificate shall notify the Director forthwith
of any change of his or her address. R.R.O. 1980, Reg. 288,
s. 20 (7, 8).
(10) If a person's certificate is lost or destroyed, the Director
shall, upon request and payment of a $10 fee, issue a duplicate certif-
icate.
(11) If the name of the holder of a certificate is changed, the
Director shall, upon receipt of evidence of the name change and pay-
ment of a $10 fee, issue a certificate in the new name. O. Reg.
453/89,5.4, part.
21.— (1) Where a person holds more than one valid certificate
under section 14 of the Act, he or she shall make one application for
renewal of all such certificates. R.R.O. 1980, Reg. 288, s. 21 (1).
(2) The fee for the renewal of a certificate issued under subsec-
tion 14 (1) of the Act is $40. O. Reg. 453/89, s. 5.
22. Section 14 of the Act does not apply to,
(a) a person who installs an appliance or works on an installed
appliance in his or her own single-family detached dwelling;
or
(b) a person who works on any appliance having an input of
more than 25 U.S. gallons per hour or using fuel oil heavier
than type 2. R.R.O. 1980, Reg. 288, s. 22.
23.— (1) The holder of a certificate as a category II oil burner
mechanic may install, alter, purge, activate, repair, service or
remove any appliance having an input of 25 U.S. gallons per hour or
less and using fuel oil not heavier than type 2, and in connection
therewith may perform the following procedures,
(a) clean, oil or replace any electrical component or accessory
forming part of such appliance;
(b) perform such tasks as are necessary to replace controls and
components forming part of such appliance other than the
replacement of a low water cut-off;
(c) install, service, remove or replace any flue pipe for such
appliance, together with the associated draft control devices
including any electrical wiring within three feet of the
device;
(d) install, service, remove or replace any piping or tankage for
such appliance including piping, components, valves and
heating equipment;
(e) disconnect and reconnect not more than five feet in hori-
zontal measurement of water piping in order to replace
water heaters with approved water heaters and carry out
the replacement necessary to complete the reconnection of
controls and components that form part of an approved
water heater; and
(f) the procedures permitted of the holder of a certificate as a
category III oil burner mechanic.
(2) The holder of a certificate as a category III oil burner
mechanic may perform the following procedures,
(a) clean, lubricate or reactivate an appliance; and
(b) clean, remove and replace any flue pipe or the barometric
damper. R.R.O. 1980, Reg. 288, s. 23.
24. Where an appliance is to be installed in a building, the Direc-
tor may require,
(a) that installation drawings be submitted to him or her prior
to the commencement of the installation; and
(b) that such drawings be certified by a professional engineer as
complying with this Regulation. R.R.O. 1980, Reg. 288,
s. 24.
REGULATION 330
GAS PIPELINE SYSTEMS
1. In this Regulation,
"operating company" means an individual, partnership, corporation,
public agency or other entity operating a gas pipeline system;
"professional engineer" means a person who is a member or licensee
of the Association of Professional Engineers of the Province of
Ontario. O. Reg. 450/84, s. 1.
2.— (1) The Standard issued by the Canadian Standards Associa-
tion entitled Gas Pipeline Systems CAN/CSA Z184-M86 and the
standards, specifications, codes and publications set out therein as
reference publications in so far as they apply to the said Standard
are, except as provided in subsection (3), adopted as part of this Reg-
ulation with the following changes:
1 . Clause 1 .3 is amended by adding the following clause:
(M) Digester gas or gas from landfill sites.
2. The définition of "gas" in Clause 3 is revoked and the fol-
lowing substituted:
"gas" means any gas or mixture of gases suitable for domes-
tic or industrial fuel that is conveyed to the user through a
pipeline.
3. Table 8.1 is revoked and the following substituted:
510
Reg./Règl. 330
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Reg./Règl. 330
TABLE 8.1
Pressure Test Requirements for Steel Pipelines Systems Intended to
30 Per Cent or More of the Specified Minimum Yie
Operate at Hoop Stresses of
Id Strength*
1
2
3
4
5
Class
Location
Permissible
Test Medium
Prescribed Test Pressure
Minimum Maximum
Maximum Allowable
Operating Pressure
(Lesser of)
1
(a) Approved Liquid
(b) Air or Gas
1.25 X m.o.p.
1.25 X m.o.p.
Clause 8.8.3
1.25 X d.p.
t.p./1.25ord.p.
t.p./1.25ord.p.
2
(a) Approved Liquid
(b) Air or Gas
1.25 X m.o.p.
1.25 X m.o.p.
Clause 8.8.3
1.25 X d.p.
t.p./1.25ord.p.
t.p./1.25ord.p.
3
(a) Approved Liquid
(b) Air or Gas"
1.40 X m.o.p.
Clause 8.8.3
t.p./1.40ord.p.
4
(a) Approved Liquid
(b) Air or Gas"
1.40 X m.o.p.
Clause 8.8.3
t.p./1.40ord.p.
'This Table brings out the relationship between test pressures and maximum allowable operating pressure subsequent to the test.
If an operating Company decides that the maximum operating pressure will be less than the design pressure, a corresponding
reduction in prescribed test pressure may be made as indicated in Column 3. However, if the reduced test pressure is used, the
maximum operating pressure cannot later be raised to the design pressure without retesting the pipeline to the test pressure pre-
scribed in Column 4. (See Clauses 3.1 and 5.9.1.)
"See Clause 8.7. 1.5.
Notes:
(1) m.o.p
(2) d.p. = design pressure
(3) t.p. = test pressure.
maximum operating pressure (not necessarily the maximum allowable operating pressure).
(2) Where there is a conflict between a standard, specification,
code or publication adopted in subsection (1) and this Regulation,
this Regulation prevails.
(3) The requirements of the Standard adopted in subsection (1)
respecting gathering lines and offshore pipelines are not adopted as
part of this Regulation. O. Reg. 450/84, s. 2 (2, 3).
3. No person shall design, construct, erect, alter, install, test or
remove a pipeline, plant, machinery or equipment for the transmis-
sion or distribution of gas except in accordance with the Standard
adopted under section 2 and this Regulation. O. Reg. 450/84, s. 3.
4.— (1) Before commencing an installation, extension, replace-
ment or reclassification of a gas pipeline with a diameter in excess of
219.1 millimetres or intended for an operating pressure in excess of
860 kPa, every operating company shall obtain certification by a pro-
fessional engineer that the installation, extension, replacement or
reclassification, as the case may be, conforms to the requirements of
the Act and this Regulation.
(2) Subsection (1) does not apply to a service line with a diameter
of less than 88.9 millimetres.
(3) Before upgrading a pipeline, every operating company shall
obtain certification by a professional engineer that the upgrading of
the pipeline conforms to the requirements of the Act and this
Regulation. O. Reg. 450/84, s. 4.
(4) Where the upgrading results in an operating stress level in the
pipeline that is greater than 30 per cent of the specified minimum
yield strength, the certification by a professional engineer referred to
in subsection (3) shall be filed with the Director. O. Reg. 627/87,
s. 2.
5. Every operating company shall, where the Director has reason
to believe an unsafe condition exists in a pipeline, uncover any part
of the pipeline at the written request of the Director. O. Reg.
450/84, s. 5.
6.— (1) Every operating company shall formulate in writing and
O. Reg. 627/87, s. 1.
file with the Director a manual setting out its standard practices that
shall comply with this Regulation.
(2) Every operating company shall review the manual referred to
in subsection (1) at least once annually, make the revisions necessary
to reflect new technology and changes in the company's standard
practices and inform the Director in writing of any revision.
(3) The standard practices required under subsection (1) and the
revisions required under subsection (2) shall be certified by a profes-
sional engineer as conforming to this Regulation. O. Reg. 450/84,
s. 6.
(4) Every operating company shall operate in accordance with its
manual of standard practices. O. Reg. 627/87, s. 3.
7.— (1) Every operating company shall, on or before the sixtieth
day of its fiscal year, file with the Director in writing a general
description of the pipelines it proposes to install during the fiscal
year, including, where known, the diameter, length, operating pres-
sure and location of each pipeline.
(2) The general description required under subsection (1), and
any major upgrading of pipelines shall be updated quarterly and filed
with the Director.
(3) The information required in subsections (1) and (2) shall be in
a form acceptable to the Director. O. Reg. 450/84, s. 7.
8. When a radiographic examination is required by the Standard
adopted under section 2, a summary of the results of the examination
shall be kept for the life of the pipeline. O. Reg. 450/84, s. 8.
9. Plastic pipe and plastic fittings that are used in a pipeline shall
be certified by the Canadian Gas Association, the Canadian Stan-
dards Association or the Underwriters' Laboratories of Canada as
conforming to the Can 3-BI37.4-M86 Polyethylene Piping Systems
for Gas Services. O. Reg. 627/87, s. 4.
10. No person shall make a weld in any steel pipe that forms or is
intended to form a part of a steel pipeline or a component of a steel
511
Reg./Règl. 330
ENERGY
Reg./Règl. 331
pipeline unless he or she is qualified to make the weld in accordance
with the requirements of the Standard adopted under section 2 and is
the holder of a subsisting identification card issued under the Boilers
and Pressure Vessels Act. O. Reg. 450/84, s. 10.
11. Where a pipeline to be used by an operating company is
installed, tested or replaced, the operating company shall ensure that
a person who holds a certificate as a gas pipeline inspector certifies
that the installation, testing or replacement of the pipeline has been
made in accordance with this Regulation. O. Reg. 450/84, s. 11.
12.— (1) An application for a licence to transmit gas or a renewal
thereof pursuant to section 12 of the Act shall be made to the
Director. O. Reg. 450/84, s. 12 (1).
(2) The fee payable on an application for a licence to transmit gas
or a renewal thereof is, where the amount of gas transmitted in the
twelve-month period preceding the year for which application is
made,
(a) does not exceed 14,000,000 cubic metres, $200; or
(b) exceeds 14,000,000 cubic metres, $500. O. Reg. 450/84,
s. 12 (2); O. Reg. 627/87, s. 5.
13.— (1) An application for a licence to distribute gas or a renewal
thereof pursuant to section 12 of the Act shall be made to the
Director. O. Reg. 450/84, s. 13 (1).
(2) The fee payable for a licence to distribute gas, or a renewal
thereof, is, where the amount of gas distributed in the twelve-month
period preceding the year for which application is made,
(a) does not exceed 14,000 cubic metres, nil;
(b) exceeds 14,000 cubic metres but does not exceed 280,000
cubic metres, $30;
(c) exceeds 280,000 cubic metres but does not exceed 2,800,000
cubic metres, $75;
(d) exceeds 2,800,000 cubic metres but does not exceed
14,000,000 cubic metres, $250; or
(e) exceeds 14,000,000 cubic metres, $500. O. Reg. 450/84,
s. 13 (2); O. Reg. 627/87, s. 6.
14. The fee payable for an inspection by an inspector upon an
application under section 12 or 13 is $100 per hour or part thereof.
O. Reg. 454/89, s. 1.
15.— (1) An application for a certificate as a gas pipeline inspector
under subsection 14 (1) of the Act shall be made to the Director.
O. Reg. 450/84, s. 14 (1); O. Reg. 627/87, s. l,part.
(2) The fee payable on an application for an initial certificate
issued under this section or for a renewal thereof is $40 and is
non-refundable. O. Reg. 454/89, s. 2,part.
(3) A certificate issued under this section expires on the second
birthday of the holder next following issuance of the certificate and
any subsequent renewal shall be for a period of two years expiring on
the birthday of the holder.
(4) A person seeking renewal of his or her certificate after its
expiry date may, in the Director's discretion, be required to make a
new application under subsection (1).
(5) An applicant for a certificate or renewal under this section
shall satisfy the Director as to the applicant's knowledge and compe-
tence as a gas pipeline inspector and the Director may, in his or her
discretion, require the applicant to take an examination for the
purpose. O. Reg. 450/84, s. 14 (3-5).
(6) If an applicant does not pass an examination required by the
Director under subsection (5), the applicant may not make another
application until thirty days have elapsed after the date of the exami-
nation.
(7) The fee payable on a subsequent application is $40 and is
non-refundable. O. Reg. 454/89, s. 2, part.
(8) The holder of a certificate shall notify the Director of any
change of the holder's address within six days after the change.
(9) Where a person's certificate is lost or destroyed, the Director
shall, upon request and payment of a $10 fee, issue a duplicate certif-
icate.
(10) Where the name of the holder of a certificate is changed, the
Director shall, upon receipt of proof of the name change and pay-
ment of a $10 fee, issue a certificate in the new name. O. Reg.
627/87, s. l,part.
(11) No certificate is transferable. O. Reg. 450/84, s. 14 (10).
16. Subsection 14 (1) and section 17 of the Act do not apply to a
person who is a professional engineer. O. Reg. 450/84, s. 15.
17. Every licence or renewal thereof expires on the date shown
thereon. O. Reg. 450/84, s. 16.
REGULATION 331
GAS UTILIZATION CODE
1. In this Regulation,
'approved" means,
(a) acceptable to the authority having jurisdiction,
(b) where applied to either a standard or a laboratory test
report, that the standard or laboratory test report is identi-
fied in the titles adopted in section 19,
(c) where applied to an appliance, that the appliance bears
either the label or symbol of a designated testing organiza-
tion certifying compliance with a standard or a laboratory
test report identified in the titles adopted in section 19 or a
label issued by the Director,
(d) where applied to equipment, a component or an accessory,
that the equipment, component or accessory bears either
the label or symbol of a designated testing organization cer-
tifying compliance with a standard or a laboratory test
report identified in the titles adopted in section 19, and
(e) where applied to an installation, that the installation com-
plies with this Regulation;
"fuel features" mean the piping, venting, manual valves, automatic
valves or other related devices required for the safe operation of
an appliance using a hydrocarbon fuel;
'professional engineer" means a person who is a member or licensee
of the Association of Professional Engineers of the Province of
Ontario. O. Reg. 244/89, s. 1.
Use of Appliances
2.— (1) No person shall supply gas to or use a gas appliance if,
(a) the installation of an appliance has been inspected by the
gas distributor under subsection 15 (2) of the Act and has
been found not to comply with the Act and this Regulation;
or
512
Reg./Règl. 331
HYDROCARBURES
Reg./Règl. 331
I
(b) the appliance has been tagged as unsafe.
(2) Despite subsection (1), a gas distributor who inspects the
installation of an appliance under subsection 15 (2) of the Act and is
satisfied that no immediate hazard exists may, subject to subsection
3 (2), supply gas to the appliance. O. Reg. 244/89, s. 2.
3.— (1) A distributor who finds that,
(a) an appliance is being used for a purpose other than that for
which it is approved;
(b) any device, attachment, alteration or deterioration might
impair the safe operation of an appliance; or
(c) the condition of the piping, tubing or hose, the venting of
products of combustion, the supply of air for combustion or
the clearance from adjacent combustible material in respect
of an appliance does not meet the requirements of this Reg-
ulation,
and who is satisfied that an immediate hazard exists, shall turn off
the supply of the gas to the appliance and notify the user of the appli-
ance in writing that the appliance is not to be used until the hazard-
ous condition is corrected and the appliance is re-inspected by the
distributor.
(2) A distributor who makes a finding under clause (1) (a), (b) or
(c) and who is satisfied that no immediate hazard exists shall notify
the user of the appliance in writing of the existence of the finding and
shall advise the user that unless the condition is corrected within
ninety days or such lesser period as is necessary to ensure the safe
usage of the appliance, the supply of gas to the appliance will be
turned off.
(3) Where a person who holds a valid certificate under section 13
or a contractor finds a condition described in clause (1) (a), (b) or (c)
and the person or contractor is satisfied that an immediate hazard
exists, the person or contractor shall,
(a) turn off the supply of gas to the appliance;
(b) report the findings immediately to the distributor;
(c) notify the user of the appliance in writing that the appliance
is not to be used until the hazardous condition is corrected
and the appliance is inspected by the distributor; and
(d) confirm the findings in writing to the distributor within
fourteen days after making the finding.
(4) Where a person who holds a valid certificate under section 13
or a contractor finds a condition described in clause (1) (a), (b) or (c)
and the person or contractor is satisfied that no immediate hazard
exists, the person or contractor shall,
(a) report the findings immediately to the distributor;
(b) notify the user of the appliance in writing of the existence of
any condition set out in subsection (1) and that the distribu-
tor has been notified; and
(c) confirm the findings in writing to the distributor within
fourteen days after making the finding.
(5) A distributor who is notified under subsection (3) or (4) shall
investigate the condition reported and take the appropriate action
required under subsection (1) or (2). O. Reg. 244/89, s. 3.
4. Where a condition referred to in subsection 3 (1) is not cor-
rected within the period set out in subsection 3 (2), the distributor
shall not supply gas to the appliance and no person shall use the
appliance until the condition is corrected. O. Reg. 244/89, s. 4.
5. Every owner of an appliance and every person responsible for
the operation of the appliance shall ensure that the appliance and
any accessories that are associated with the appliance are maintained
in a safe operating condition. O. Reg. 244/89, s. 5.
Inspection of Appliances
6.— (1) Every distributor shall file with the Director a written
manual that sets out the standard practices of the distributor.
(2) The manual of each distributor shall include the required fre-
quency of inspections for appliances and their installations in resi-
dential and commercial buildings.
(3) Each distributor shall operate in conformity with the distribu-
tor's manual.
(4) Every owner of,
(a) an industrial or institutional building where a natural gas
appliance is installed; or
(b) a building other than an industrial, institutional, residential
or commercial building where a natural gas appliance is
installed for which there is a maintenance and inspection
program that is acceptable to the gas distributor and that is
approved,
shall ensure that,
(c) the appliance and its fuel features are maintained in accor-
dance with the manufacturer's recommended maintenance
procedures;
(d) an evaluation of the maintenance procedures referred to in
clause (b) is carried out at least once every ten years and
where necessary new or upgraded procedures are estab-
lished; and
(e) an inspection of the appliance and its fuel features is carried
out at least once every ten years to ensure that the appli-
ance and its fuel features are in a safe operating condition
and that the installation is in compliance with the Act and
this Regulation.
(5) An inspection under clause (4) (e) shall be carried out by a
person who is the holder of a valid certificate as a gas fitter 1 or a
maintenance gas fitter.
(6) Every distributor shall maintain a record of each inspection
made under this section until the next inspection and report is com-
pleted.
(7) Every owner referred to in clauses (4) (a) and (b) shall ensure
that a record is maintained in the industrial or institutional building
or other building where the appliance is located for each inspection
made under this section until the next inspection and report is com-
pleted.
(8) In this section, "commercial building", "industrial building"
and "institutional building" have the same meaning as in the Code
adopted in section 19. O. Reg. 244/89, s. 6.
Approval of Appliances, Components, Accessories and
Equipment
7.— (1) The Canadian Gas Association and the Canadian Stan-
dards Association are designated as organizations to test the follow-
ing appliances to approve standards and, if the appliances conform to
the approved standards, to place their label or symbol thereon:
1. Gas appliances.
2. Appliances that use gas or electricity interchangeably to
perform the same functions.
513
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ENERGY
Reg./Règl. 331
(2) The Underwriters' Laboratories of Canada is designated as an
organization to test the following appliances to approved standards
and, if the appliances conform to the approved standards, to place
their label or symbol thereon:
1. Gas appliances that are designed primarily for residential
use that have an input rating in excess of 400,000 British
thermal units per hour (120 Kilowatts).
2. Gas appliances that are designed primarily for commercial
or industrial use within the meaning of the Code adopted in
section 19 that have any input rating, except commercial
cooking appliances that have an input rating of less than
400,000 British thermal units (120 Kilowatts).
3. Gas appliances that are designed primarily for use in mobile
housing within the meaning of the Code adopted in section
19.
4. Appliances that use gas or electricity interchangeably to
perform the same functions. O. Reg. 92/90, s. 1.
(3) The Canadian Gas Association, the Canadian Standards
Association Testing Laboratories and the Underwriters' Laborator-
ies of Canada are designated as organizations to test,
(a) equipment, components or accessories;
(b) conversion burners;
(c) appliances with a combination burner that are designed to
burn both gas and fuel oil either together or separately;
(d) combination appliances that are designed to bum both gas
and solid fuel; and
(e) appliances that are designed to bum either gas or fuel oil
and that are equipped with,
(i) a gas burner or fuel oil burner that is designed by the
manufacturer of the appliance, or
(ii) a gas burner or fuel oil burner that is authorized by
the appliance manufacturer for use with the appli-
ance,
to approved standards and, where the equipment, components,
accessories or appliances conform to the approved standards, to
place their label or symbol thereon.
(4) Where an organization that is designated in subsection (3)
tests an appliance that has components or accessories previously cer-
tified by another organization that is not designated under subsection
(3), the components or accessories shall be investigated by the desig-
nated organization to ascertain whether the components or accesso-
ries comply with the applicable approved standards.
(5) A component, an accessory or equipment that bears the label
or symbol of, and is listed by, the Underwriters' Laboratories Incor-
porated or the Factory Mutual System shall be deemed to meet the
requirements of this Regulation if the component, accessory or
equipment,
(a) is an integral part of an appliance that is imported into
Ontario; or
(b) is specified and required for a particular application and
there is no equivalent component accessory or equipment
that bears the label or symbol of an organization designated
under subsection (3). O. Reg. 244/89, s. 7 (3-5).
8.— (1) Where an appliance or a component, accessory or equip-
ment for which there is no approved standard is tested by a testing
organization designated under subsection 7 (3), the organization
shall report its findings to the Director.
(2) If the Director is satisfied that the appliance, component,
accessory or equipment will not impair public safety, the label or
symbol of the designated testing organization shall be placed on the
appliance, component, accessory or equipment. O. Reg. 244/89,
s. 8.
9.— (1) An application may be made to the Director for a label
with respect to the fuel features of an appliance that has an input that
does not exceed 50,000,000 British thermal units per hour (15,000
Kilowatts) and that does not bear the label of the Canadian Gas
Association, the Canadian Standards Association or the Under-
writers' Laboratories of Canada.
(2) The Director may refuse to issue a label where the design of
the appliance is substantially the same as another appliance that has
been tested and labelled by an organization designated under subsec-
tion 7 (3).
(3) An application under subsection (1) shall be accompanied by,
(a) three copies of a schematic valve train drawing;
(b) three copies of a bill of material for valves, components and
controls;
(c) three copies of a sequence of operation for the safety inter-
lock system;
(d) three copies of a ladder type schematic wiring diagram; and
(e) any other documentation that is necessary to process the
application. O. Reg. 244/89, s. 9 (1-3).
(4) The fee payable for an inspection of the fuel features of an
appliance, for reviewing drawings or for observing a test to deter-
mine that the fuel features of the appliance conform to approved
standards is $100 for every hour or fraction thereof of the time spent
by an inspector and may include travel time and the reasonable
travel and living expenses of the inspector. O. Reg. 452/89, s. 1.
(5) If an application is made under subsection (1) and it is not
feasible for an organization designated under subsection 7 (3) to test
and label the appliance, the Director shall direct an inspector to
inspect the appliance to determine whether the appliance complies
with the approved standards and this Regulation.
(6) If the inspector finds that the fuel features of the appliance
comply with approved standards and with this Regulation, the
inspector shall affix a label issued by the Director to the appliance.
O. Reg. 244/89, s. 9 (5, 6).
10.— (1) If an application is made under subsection 9 (1) in
respect of the fuel features of an appliance for which there is no
approved standard or to which an approved standard is only partially
applicable, an inspector may test the appliance for the purpose of
approving the appliance and to ensure that,
(a) where an approved standard is only partially applicable, the
fuel features of the appliance comply with the applicable
parts of the approved standard and this Regulation; or
(b) where there is no approved standard, the fuel features of
the appliance are such to ensure the safe operation of the
appliance.
(2) An inspector may affix a label issued by the Director to an
appliance referred to in subsection (1) that is approved. O. Reg.
244/89, s. 10.
Exemptions
11.— (1) The following appliances are exempt from section 10 of
the Act:
1. Appliances that have an input in excess of 50,000,000 Brit-
514
Reg./Règl.331
HYDROCARBURES
Reg./Règl. 331
ish thermal units per hour (15,000 Kilowatts) and that are
certified by a professional engineer to be in compliance with
the fuel feature requirements of Part 6 of the Code referred
to in section 19 and "Technical Data Bulletin No. 4"
referred to in the titles adopted in section 19.
2. Manually operated industrial appliances that have an input
that do not exceed 20,000 British thermal units per hour
(6 Kilowatts).
3. Bunsen burners.
4. Stationary or portable gas engines.
5. Portable asphalt melting pots.
6. Portable equipment used for highway construction and
repair.
(2) Every owner of an appliance referred to in paragraph 1 of
subsection (1) shall submit to the gas distributor before the appliance
is activated,
(a) evidence that a professional engineer is satisfied that the
appliance and its installation comply with the requirements
of Part 6 of the Code referred to in section 19 and "Techni-
cal Data Bulletin No. 4" referred to in the titles adopted in
section 19 and with this Regulation; and
(b) the name, address and telephone number of the person who
will activate the appliance. O. Reg. 244/89, s. 11.
12.— (1) An application for registration as a contractor under sec-
tion 13 of the Act shall be made to the Director.
(2) The term of an initial registration as a contractor under sec-
tion 13 of the Act or a renewal thereof is one year. O. Reg. 244/89,
s. 12(1, 2).
(3) The non-refundable fee, payable on application for a registra-
tion as a contractor or a renewal thereof, is $100. O. Reg. 452/89,
s. 2, part.
(4) The Director shall issue evidence of the registration or
renewal to an applicant who is registered as a contractor or renews a
registration as a contractor.
(5) The evidence of the registration or renewal issued by the
Director shall set out the expiry date thereof.
(6) An application to renew a registration after the expiry date of
the registration shall be treated as a new application for registration.
(7) Every contractor shall display the contractor's evidence of
registration in a conspicuous place at the business premises of the
contractor and shall notify the Director forthwith of any change in
the business address. O. Reg. 244/89, s. 12 (4-7).
(8) The Director shall, upon request and payment of a $10 fee,
issue a duplicate evidence of a valid registration where the original is
lost or destroyed. O. Reg. 452/89, s. 2, part.
(9) A registration is not transferable. O. Reg. 244/89, s. 12 (9).
Certification
13.— (1) An application for a certificate under subsection 14 (1) of
the Act or a renewal thereof shall be made to the Director.
O. Reg. 244/89, s. 13(1).
(2) The non-refundable fee payable on application for a certifi-
cate issued under subsection 14 (1) of the Act or for a renewal
thereof is, subject to section 14, $40. O. Reg. 452/89, s. 3.
(3) An applicant for a certificate under subsection 14 (1) of the
Act shall take an examination conducted or approved by the Direc-
tor with respect to the subject-matter of the type of certificate
applied for.
(4) Despite subsection (3), an applicant for a certificate under
subsection 14 (1) of the Act is not required to take an examination
where the applicant can satisfy the Director as to the applicant's
knowledge and competence with respect to the subject-matter of the
type of certificate applied for.
(5) The Director shall issue a certificate or a renewal thereof, as
the case requires, to an applicant who becomes certified or renews a
certification under subsection 14 (1) of the Act.
(6) A certificate or a renewal thereof issued by the Director
under subsection 14 (1) of the Act shall set out the expiry date of the
certificate or the renewal.
(7) A certificate or a renewal thereof issued under this section
shall be designated as a,
(a) 704A, with respect to a person who is a gas fitter 1;
(b) 704B, with respect to a person who is a gas fitter 2;
(c) 705A, with respect to a person who is a gas appliance instal-
ler!;
(d) 705B, with respect to a person who is a gas appliance instal-
ler 2;
(e) 706A, with respect to a person who is a maintenance fitter
1;
(f) 706B, with respect to a person who is a service gas fitter;
(g) 704X, with respect to a person who is a gas fitter 1 tempo-
rary; or
(h) 704T, with respect to a person who is a gas fitter 2 tempo-
rary,
as the case requires.
(8) A 704A, 704B, 705A, 705B, 706A or 706B certificate issued
under this section expires on the second birthday of the holder next
following the issuance of the certificate, unless it is renewed.
(9) Where a certificate referred to in subsection (8) is renewed,
the renewed period shall be for two years expiring on the birthday of
the holder of the certificate.
(10) A 704X certificate issued under this section expires two
years after the date of issue and is not renewable.
(11) A 704T certificate issued under this section expires three
years from the date of issue and is not renewable.
(12) An applicant who does not pass the examination with
respect to the subject-matter of the type of certificate applied for
may not try another examination until at least thirty days after the
date of the taking of the examination that is failed and only after a
new application is made under subsection (1).
(13) The Director may issue a new certificate of the same type to
a person who applies for a renewal of a certificate that has been
expired for a period of not more than twelve months after the expiry
date shown on the certificate, upon payment of the fee referred to in
subsection (2).
(14) An application for a renewal of a certificate that is made
more than twelve months after the expiry date shown on the certifi-
cate shall be treated as an application for a certificate under subsec-
tion (1).
515
Reg./Règl. 331
ENERGY
Reg./Règl. 331
(15) The holder of a certificate or a renewal thereof shall notify
the Director within six days of any change in the address of the
holder. O. Reg. 244/89, s. 13 (3-15).
14. If a person applies for a renewal of more than one valid certif-
icate issued under section 13, a single application shall be made for
all the renewals and, upon payment of a fee of $40, the Director shall
issue to the applicant a single certificate appropriately endorsed.
O. Reg. 452/89, s. 4.
15.— (1) A person who installs an appliance or works on an
installed appliance in his or her own single-family detached dwelling
within the meaning of the Code adopted in section 19 is exempt from
section 14 of the Act.
(2) It is the responsibility of the person referred to in subsection
(1) to forthwith notify the gas distributor following completion of the
installation or work performed.
(3) The gas distributor shall, upon being notified under subsec-
tion (2), inspect the installation or work for compliance with the Act
and regulations.
(4) A person who is not the holder of a certificate 704A or 704B
and who is employed by a distributor who supplies natural gas is
exempt from section 14 of the Act where the person is, after receiv-
ing a training course given by the employer for the purpose,
employed only to,
(a) shut off all fypes of appliances of any input;
(b) turn off gas service;
(c) reactivate gas service to a single-family dwelling; and
(d) relight appliances installed in a single-family dwelling.
O. Reg. 244/89, s. 15.
16.— (1) The holder of a valid 704A certificate may install, alter,
purge, activate, repair, service or remove an appliance of any British
thermal unit per hour input and its equipment and in connection
therewith may,
(a) install or remove any piping to an appliance downstream of
the meter;
(b) install, service, remove or replace any vent or vent connec-
tor together with its associated draft control devices;
(c) disconnect and reconnect not more than five feet in hori-
zontal measurement of water piping in order to replace
water heaters with approved water heaters and carry out
the replacement necessary to complete the reconnection of
controls and components that form part of an approved
water heater;
(d) clean, oil, service or replace any electrical component or
accessory forming part of an appliance;
(e) perform such tasks as are necessary to replace controls and
components forming part of an appliance other than the
replacement of a low water cut-off; and
(f) install, service, remove or replace components and accesso-
ries forming part of a refrigerating or air-conditioning unit,
and may perform the functions of the holder of a 704B, 705A, 705B,
706A or 706B certificate.
(2) The holder of a valid 704X certificate may,
(a) under the direct supervision of the holder of a valid 704A
certificate, perform the same functions as the holder of a
704A certificate including the procedures described in sub-
section (1);
(b) under the direct supervision of the holder of either a valid
704A or 704B certificate, perform the same functions as the
holder of a 704B certificate including the procedures
described in subsection (3); and
(c) without direct supervision, perform the functions of the
holder of a 705 A, 705B, 706A or 706B certificate.
(3) The holder of a valid 704B certificate may install, alter,
purge, activate, repair, service or remove an appliance having an
input of 400,000 British thermal units per hour (120 Kilowatts) or
less and its equipment and in connection therewith may perform the
procedures described in subsection (1) and may perform the func-
tions of the holder of a 705B or 706B certificate.
(4) The holder of a valid 704T certificate may,
(a) under the direct supervision of the holder of either a valid
704A or 704B certificate, perform the same functions as the
holder of a 704B certificate including the procedures
described in subsection (3); and
(b) without direct supervision, perform the functions of the
holder of a 705B certificate.
(5) The holder of a valid 705 A certificate may install, purge, acti-
vate or remove an appliance of any British thermal unit per hour
input and in connection therewith may,
(a) install or remove any piping to an appliance downstream of
the meter;
(b) install or remove any vent or vent connector together with
its associated draft control devices; and
(c) disconnect and reconnect not more than five feet in hori-
zontal measurement of water piping in order to replace
water heaters with approved water heaters and carry out
the replacement necessary to complete the reconnection of
controls and components that form part of an approved
water heater,
and may perform the functions of the holder of a 705B certificate.
(6) The holder of a valid 705B certificate may only install, purge,
activate or remove an appliance having an input of 400,000 British
thermal units per hour (120 Kilowatts) or less and its equipment and
in connection therewith may perform the procedures described in
subsection (5).
(7) The holder of a valid 706A certificate may only install, purge,
activate, repair, service or remove an appliance fuelled by gas or pro-
pane in the vapour state having any British thermal unit per hour
input and its equipment that is located or is being located on the
industrial premises of his or her employer.
(8) The holder of a valid 706B certificate may only purge, acti-
vate, repair, service or remove an appliance having an input of
400,000 British thermal units per hour (120 Kilowatts) or less where
the appliance has been manufactured by his or her employer or is
being serviced by the employer where the employer is an authorized
agent of the manufacturer and in connection therewith may,
(a) service, remove or replace any vent or vent connector
together with its associated draft devices;
(b) clean, oil, service or replace any electrical component or
accessory forming part of such appliance; and
(c) perform such tasks as are required to replace controls and
components forming part of such appliance other than the
replacement of a low water cut-off. O. Reg. 244/89, s. 15.
17.— (1) If a person's evidence of a valid certificate is lost or
516
Reg./Règl.331
HYDROCARBURES
Reg./Règl. 332
destroyed, the Director shall, upon request and payment of a $10
fee, issue a dupHcate certificate.
(2) If the name of the holder of a certificate is changed, the
Director shall, upon receipt of evidence of the name change and pay-
ment of a $10 fee, issue a certificate in the new name. O. Reg.
452/89, s. 5.
(3) A certificate is not transferable. O. Reg. 244/89, s. 17 (3).
18. Every distributor of gas who distributes an amount of gas in a
twelve-month period that exceeds 14,000 cubic metres (500,000 cubic
feet) shall pay an annual fee for inspections of the distributor's pipe-
lines and appliances and the appliances of the distributor's consum-
ers during the year in an amount calculated at the rate of $100 for
every hour or part thereof spent in inspections. O. Reg. 452/89,
s. 6.
19. The code entitled the "Ontario Gas Utilization Code, 1989"
issued by the Fuels Safety Branch of the Ministry of Consumer and
Commercial Relations and the standards, specifications and codes
set out therein as reference publications to the extent that they apply
to the said Code and the "Titles of Standards and Laboratory Test
Reports Authorized in the Province of Ontario under the Energy Act
for use with the Ontario Gas Utilization Code, 1989" dated the 1st
day of April, 1989 are adopted as part of this Regulation. O. Reg.
244/89, s. 19.
REGULATION 332
OIL PIPELINE SYSTEMS
1. In this Regulation,
"oil" means crude oil, liquid petroleum products, natural gasoline,
natural gas liquids, liquefied petroleum gas and any condensate
resulting from the production, processing or refining of hydrocar-
bons;
"pressurized wetted part" means any component of a pipeline system
that is in direct contact with hydrocarbons contained by the pipe-
line;
"professional engineer" means a person who is a member or licensee
of the Association of Professional Engineers of the Province of
Ontario. O. Reg. 626/87, s. 1.
2.— (1) The Standard issued by the Canadian Standards Associa-
tion entitled Oil Pipeline Systems CAN3-Z183-M86 and the stan-
dards, specifications, codes and publications set out therein as refer-
ence publications in so far as they apply to the said Standard are
adopted as part of this Regulation with the following changes:
1 . Clause 1 . 1 .3 is amended by adding the following items:
(i) Gathering lines;
(j) Multiphase fluids; and
(k) Oilfield water injection.
2. The definitions of "High Vapour Pressure (HVP) Pipeline"
and "Low Vapour Pressure (LVP) Pipeline" in clause 3.1
are revoked and the following substituted therefor:
"High Vapour Pressure (HVP) Pipeline" means a pipeline
that transports hydrocarbons or hydrocarbon mixtures in
the liquid or quasi-liquid state with a vapour pressure in
excess of 180 KPa (abs.) at 38C;
"Low Vapour Pressure (LVP) Pipeline" means a pipeline
that transports hydrocarbons or hydrocarbon mixtures in
the liquid state with a vapour pressure of 180 KPa (abs.) or
less at 38C.
3. Clause 5.2.2.1.2 is revoked and the following substituted:
5.2.2.1.2 The nominal wall thickness of the pipe shall be not
less than that permitted by CSA Standard CAN 3-Z245.1.
5.2.2.1.3 No pipe having a D/t ratio greater than 100 shall
be used in the construction of a pipeline unless the pipe is
approved by the Director.
5.2.2.1.4 A design factor of 0.576 or less shall be used in the
design formula in clause 5.2.2.1.1 for steel pipe that trans-
ports HVP liquids in Zone 1 that,
(a) is supported by a vehicular, pedestrian, railway or
pipeline bridge;
(b) is used in any fabricated assembly including main
line valve assemblies, cross-connections and river
crossing headers or within five pipe diameters in any
direction from the last fitting of a fabricated assem-
bly, except in the case of a transition piece or an
elbow used in place of a pipe bend that is not part of
a fabricated assembly; or
(c) crosses or is contained within the right of way of a
hard surfaced road, a highway or a street, without
protective measures as outlined in clause 5.1.2.1.
4. Part 6 is amended by adding the following clause:
6.2.8.2.4 All welds in HVP pipelines shall be radiographi-
cally inspected for 100% of the circumference of the pipe-
line.
5. Clauses 8.5.1.1 and 8.5.1.2 are revoked and the following
substituted:
8.5.1.1 The maximum operating pressure at any point shall
not exceed the lesser of design pressure and 80% of the
strength test pressure.
8.5.1.2 The maximum pressure at any point shall not exceed
the lesser of 1 10% of the design pressure and 88% of the
strength test pressure.
6. Clauses 8.5.2.1 and 8.5.2.2 are revoked and the following
substituted:
8.5.2.1 The maximum operating pressure at any point shall
not exceed the lesser of design pressure and 64% of the
strength test pressure.
8.5.2.2 The maximum pressure at any point shall not exceed
the lesser of 1 10% of the design pressure and 70.4% of the
strength test pressure.
7. Table 8.1 is revoked and the following substituted:
517
Reg./Règl. 332
ENERGY
Reg./Règl. 332
TABLE 8.1
TEST REQUIREMENTS FOR STEEL PIPELINES INTENDED TO BE OPERATED AT PRESSURES GREATER THAN 700 kPa
Pressure Tests
Leak Test
Strength Test
Duration — liquid medium;
Duration — liquid medium;
minimum of 4 h
minimum of 4 h
— gaseous medium;
minimum of 4 h
— gaseous medium;
minimum of 24 h
Maximum Pressure
Maximum Pressure
Operating Pressures
(Sections 6 and 7)
Maximum
Class of
Minimum
Liquid
Gaseous
Minimum
Liquid
Gaseous
Operating
Maximum
Pipeline
pressure
medium
medium
pressure
medium
medium
Pressure
Pressure
LVP and
125% of
Lesser of
Lesser of
110% of
Not greater
Not greater
Lesser of d. p.
Lesser of
HVP Zone 1
intended
0.2%
90% of
intended
than strength
than strength
and 80% of
110% of d.p.
maximum
deviation on
SMYS at high
maximum
test pressure
test pressure
strength test
and 88% of
operating
pressure
a P-V plot
and 108% of
SMYS
point and
95% of
SMYS at low
point
operating
pressure
pressure
strength test
pressure
HVPZone2
156% of
Lesser of
Lesser of
110% of
Not greater
Not greater
Lesser of d.p.
Lesser of
intended
0.2%
90% of
intended
than strength
than strength
and 64% of
110% of d.p.
maximum
deviation on
SMYS at high
maximum
test pressure
test pressure
strength test
and 70.4% of
operating
pressure
a P-V plot
and 108%
SMYS
point and
95% of
SMYS at low
point
operating
pressure
pressure
strength test
pressure
DEnNITlONS
"Strength test" means a pressure test to confirm the pressure retaining capability of a pipeline and to establish the maximum operating pressure.
"Leak test" means a pressure test to confirm that the pipeline is free of leaks.
"Maximum operating pressure" means the maximum pressure at which a pipeline may be operated under steady state conditions.
"Maximum pressure" means the maximum operating pressure plus all transient pressure conditions.
Note: d.p. = design pressure.
8. Part 10 is amended by adding the following clauses:
10.12.7 An operating company shall inform the appropri-
ate local authorities including the police and fire depart-
ments with respect to the hazards associated with the high
vapour pressure pipeline.
10.12.7.1 An operating company shall jointly prepare with
the appropriate local authorities contingency plans for evac-
uating people from the vicinity of a pipeline under emer-
gency conditions.
10.13.5 Main line block valves that might be used under
emergency conditions shall be inspected and partially oper-
ated at least once each calendar year such that the interval
between inspections does not exceed fifteen months.
10.18.4 Where a zone location changes under clause 10.18,
the operating company shall inform the Director in writing
within thirty days of the annual inspection carried out under
clause 10.18.2.
10.18.5 When an operating company proposes to change
any of its oil pipeline transportation system facilities from
LVP to HVP service, it shall forthwith forward in writing to
the Director details of its proposal, including the results of a
survey for population density and a list of the work neces-
sary to upgrade the system for HVP service.
9. Clause 10.17.1 is amended by adding the following items:
(e) maintain warning signs and markers along the pipe-
line right of way;
(f) maintain fences around above ground pipeline facili-
ties; and
(g) empty tanks and purge them of hazardous vapours.
(2) Where there is a conflict between a standard, specification,
code or publication adopted in subsection (1) and this Regulation,
this Regulation prevails. O. Reg. 626/87, s. 2.
3. No person shall design, construct, erect, alter, install, test or
remove a pipeline system for the transportation of oil except in
accordance with the Standard adopted under section 2. O. Reg.
626/87, s. 3.
4. Every operating company shall, where the Director has reason
to believe an unsafe condition exists in a pipeline, uncover any part
of the pipeline at the written request of the Director. O. Reg.
626/87, s. 4.
5.— (1) Every operating company shall file with the Director a
manual that sets out its standard practices and procedures.
(2) Every operating company shall review the manual referred to
S18
Reg./Règl. 332
HYDROCARBURES
Reg./Règl. 333
in subsection (1) at least once annually, make the revisions necessaiy
to reflect new technology and changes in the company's standard
practices and procedures and inform the Director in writing of any
revisions.
(3) The standard practices and procedures required under sub-
section (1) and the revisions required under subsection (2) shall be
certified by a professional engineer as conforming to this Regulation.
(4) The practices and procedures referred to in subsection (1) and
the revisions referred to in subsection (2) shall be in compliance with
this Regulation.
(5) Every operating company shall operate in accordance with its
manual of standard practices and procedures. O. Reg. 626/87, s. 5.
6. Every operating company shall on or before the sixtieth day of
its fiscal year file with the Director in writing a general description of
the pipelines it proposes to install during the Tiscal year including,
where known, the diameter, length, operating pressure and location
of each pipeline. O. Reg. 626/87, s. 6.
7. When radiographic examination is required by the Standard
adopted under section 2, the results of the examination shall be kept
for at least six years after the pipeline is initially activated. O. Reg.
626/87, s. 7.
8.— (1) Every operating company shall investigate every explo-
sion, fire, oil spill or leak that occurs at the facilities operated by the
company that results in,
(a) the death of any person;
(b) an injury to a person that results in the hospitalization of
the person; or
(c) property damage that exceeds $10,000.
(2) In addition to the situations referred to in subsection (1), the
operating company shall investigate any accident affecting a pressur-
ized wetted part at their facilities that is not attributable to normal
wear and tear of the equipment.
(3) An operating company that is required to investigate an acci-
dent under subsection (1) or (2) shall notify an inspector forthwith of
the accident and shall provide a preliminary report of the accident to
the Director within twenty-four hours or the next business day of the
accident.
(4) The preliminary report referred to in subsection (3) shall con-
tain details with respect to the nature, location, date and time of the
accident.
are relevant to a complete understanding of the accident;
and
(i) the steps taken to prevent a recurrence of the accident.
O. Reg. 626/87, s. 8.
9. Where a pipeline to be used by an operating company is
designed, installed, tested or replaced, a professional engineer
employed or retained by the operating company shall certify that the
design, installation, testing or replacement of the pipeline has been
made in accordance with this Regulation. O. Reg. 626/87, s. 9.
10.— (1) An application for a licence to transmit oil by a pipeline
system or a renewal thereof shall be made to the Director.
(2) The fee payable on an application for a licence to transmit oil
by pipeline or a renewal thereof is $500.
(3) Every licence or renewal thereof expires on the date shown
thereon.
(4) An operating company whose transmission pipeline system is
less than 20 kilometres in length is exempt from the requirements of
section 12 of the Act and this section. O. Reg. 626/87, s. 10.
11. Section 17 of the Act does not apply to a person who is a pro-
fessional engineer. O. Reg. 626/87, s. 11.
REGULATION 333
PROPANE STORAGE, HANDLING AND
UTILIZATION CODE
1. In this Regulation,
"approved" means,
(a) where applied to a standard, that the standard is listed in
"Titles of Appliances, Equipment and Accessory Standards
Authorized for Use in the Province of Ontario under the
Energy Act",
(b) where applied to an appliance, that the appliance bears the
label,
(i) of a designated testing organization, certifying com-
pliance with a standard acceptable to the Director or
with a laboratory test report accepted by the Direc-
tor, or
(5) After an investigation by the operating company is carried
out, the operating company shall submit a written report to the
Director that sets out,
(a) the nature of the accident;
(b) the cause of the accident;
(c) a description of the damage caused by the accident;
(d) the substance being handled at the time of the accident;
(e) where a component is involved in an accident, the pressure
inside the component at the time of the accident;
(f) a description of the events leading up to and following the
accident;
(g) the names of any witnesses;
(h) any comments that in the opinion of the operating company
(ii) issued by the Director,
(c) where applied to equipment, a component or an accessory,
that the equipment, component or accessory bears the label
of a designated testing organization, certifying compliance
with a standard acceptable to the Director or with a labora-
tory test report accepted by the Director, and
(d) where applied to an installation or a container, that it com-
plies with this Regulation;
"professional engineer" means a person who is a member or licensee
of the Association of Professional Engineers of the Province of
Ontario. O. Reg. 825/82, s. 1.
2.— (1) The code issued by the Canadian Gas Association entitled
"Installation Code for Propane Burning Appliances and Equip-
ment", CAN 1-B149.2-M80 and the Standards, Specifications and
Codes set out therein as reference publications to the extent that
they apply to that Code are adopted as part of this Regulation, with
the following amendments:
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1. Subsection 2.1 is amended by revoking the definition of
"Appliance".
2. Subsection 2.1 is amended by adding the following defmi-
tions:
"Heat reclaimer" means a device intended to transfer heat
from flue gases through metal to air or liquid.
"Space heater" means an appliance for heating the room or
space within which it is located, without the use of ducts.
3. Clause 3.2.1 is revoked and the following substituted:
3.2.1 The requirements set out in the Branch Standards
listed in "Titles of Appliances, Equipment and
Accessory Standards Authorized for Use in the
Province of Ontario under the Energy Act" and in
this Regulation shall apply to the field assembly and
upgrading of appliances and to the installation of
equipment and containers.
4. Clause 3.4.2 is revoked and the following substituted:
3.4.2 An appliance shall not be installed within a dry
cleaning or other establishment that has an atmo-
sphere where vapours corrosive to the appliance may
be present.
5. Clause 3.5.2 is revoked and the following substituted:
3.5.2 A light, other than a flashlight, used in connection
with a search for propane leakage shall be of the
Class 1 Group D type.
6. Clause 4.3.5 is revoked and the following substituted:
4.3.5 The piping or tubing to an appliance shall be sup-
ported and connected to the appliance in such a
manner that there shall be no strain at the appliance
connection.
7. Clause 4.3.6 is revoked and the following substituted:
4.3.6 Commercial counter equipment and deep fat fryers
may be connected to the building piping by means of
an approved quick disconnect device, and where a
quick disconnect device is used, it shall be installed
downstream of, and as close as practicable to, the
shut-off valve at the piping outlet.
8. Subclause 4.5.6 (a) is revoked and the following substi-
tuted:
(a) fixed access to the appliance or a safe alternative
acceptable to the propane distributor shall be pro-
vided.
9. Subsection 4.6 is revoked and the following substituted:
4.6 Responsibilities of the Contractor or Fitter.
4.6.1 Before leaving any premises, the contractor or the
fitter shall,
(a) ensure that any appliance he, she or it has
installed, converted or serviced is in safe
working order;
(b) instruct the user in the safe and correct opera-
tion of any appliance or equipment he, she or
it installs or converts;
(c) leave with the user any appliance instructions
supplied by the manufacturer;
(d) ensure that any replacement part he, she or it
has installed provides at least equivalent oper-
ational characteristics to those of the original
part; and
(e) attach to any appliance he, she or it has
installed or converted a tag bearing in clear
legible characters his, her or its name, certifi-
cate number and the date.
4.6.2 When the installation or conversion of an appliance
constitutes a conversion from oil, gas or electricity to
propane, it shall be the responsibility of the person
performing the installation or conversion,
(a) in the case of a fuel oil supply tank,
(i) to remove the fill pipe and cap or plug
the exposed fill pipe opening to an
inside tank,
(ii) to shut off the tank outlet valve, remove
the filter, and plug or cap the valve out-
let, and
(iii) where the tank is located outdoors, to
disconnect all exposed piping and tub-
ing and cap or plug the piping and tub-
ing as close as practicable to the tank;
(b) in the case of a
system.
fuel oil central distribution
(i) to shut off the fuel oil supply line valve
located within the building, and
(ii) to disconnect the fuel oil supply line
immediately downstream of the meter
and cap or plug the outlet of the meter;
(c) in the case of a gas system,
(i) to shut off the gas supply valve located
immediately upstream of the meter, and
(ii) to cap or plug any piping downstream of
the meter that will not be used for the
propane system;
(d) in the case of an electrical appliance,
(i) to shut off the power supply to the elec-
trical appliance at the switch, and
(ii) to ensure that the overcurrent protec-
tion, fuse or circuit breaker has been
removed or put in the off position.
4.6.3 It shall be the responsibility of the person perform-
ing the installation or conversion to advise the user
of the appliance in writing that,
(a) the requirements of clause 4.6.2 have been
performed; and
(b) it is the user's responsibility to notify immedi-
ately the fuel oil supplier or the gas distribu-
tor, or, where the conversion is from electric-
ity, to have the wiring disconnected at the
service panel.
4.6.4 Under clause 6.11.8, where a contractor has
inspected an existing clay-tile or transite chimney lin-
ing and determined that it is acceptable for use, the
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contractor shall notify the homeowner in writing
that,
(a) because of such factors as the low flue gas
temperature of propane-fuelled appliances,
condensation may occur necessitating the
installation of an approved metal liner; and
(b) the homeowner should arrange for an inspec-
tion after each heating season to reassess the
condition of the chimney and its lining,
and the contractor shall retain in the contractor's
files a copy of the notification until a day two years
after the date of the notification.
10. Clause 4.8.2 is revoked and the following substituted:
4.8.2 A vah^e used to shut off the propane supply shall be,
(a) an approved mechanical non-electric fast clos-
ing valve of the manual reset type; or
(b) an automatic electrically-operated fast closing
valve,
(i) of the manual reset type, or
(ii) provided with a remote manual reset
function to open,
located outside the protected area, identified as to
function, and having permanent legible re-lighting
instructions posted adjacent to the valve.
1 1 . Clause 4. 1 1 .2 is revoked and the following substituted:
4. 11 .2 An electrical circuit employed for operating an auto-
matic main control valve, automatic pilot, room-
temperature thermostat, safety limit control or other
electrical device used with an appliance shall be
arranged so that the automatic safety shut-off valve
or valves are de-energized when the circuit is inter-
rupted.
12. Subsection 4. 1 1 is amended by adding the following clause:
4.11.3 The electrical circuit employed for operating a com-
mercial or industrial type appliance shall be provided
with a readily accessible manual switch located near
the appliance.
13. Clause 4.12.2 is revoked and the following substituted:
4.12.2 An appliance installed in a residential or storage
garage shall be located not less than 18 inches (450
mm) above grade level and not less than 18 inches
(450 mm) above the floor of the garage.
14. Clause 4.12.3 is revoked and the following substituted:
4.12.3 Where a forced air furnace is installed in a residen-
tial garage, no opening shall be located in the fur-
nace return air system within the garage and means
shall be provided on the return air ductwork to pre-
vent the infiltration of air from inside the garage.
15. Subsection 4. 13 is amended by adding the following clause:
4.13.3 A space heating appliance installed outdoors at
grade level shall be placed on a base consisting of
poured-in-place concrete or of a reinforced concrete
slab of the preformed type, extending at least.
(a) 6 inches (150 mm) beyond all sides of the
appliance, and
(b) 2 inches (50 mm) above grade level,
and the ground shall first be prepared and provided
with gravel for drainage.
16. Section 4 is amended by adding the following subsections:
4.15 Bleed Vents for Valves, Combination Controls,
Pressure Regulators, Relief Valves and other Con-
trol Devices located on the Valve Train of an Appli-
ance.
4.15.1 Where a single automatic valve, diaphragm valve,
combination control, pressure regulator without
internal relief or other control device (excluding an
overpressure relief valve) that requires venting is
installed, each shall be vented separately to a safe
location outdoors by a vent line of tubing or pipe.
4.15.2 Where two or more automatic valves, diaphragm
valves, combination controls, pressure regulators
without internal relief, or other control devices (ex-
cluding overpressure relief valves) that require vent-
ing are installed, such devices may be connected into
a single vent line if the sizing requirements of clause
11.7.4 are complied with.
4.16 Solid Fuel Igniters.
4.16.1 The installation of a propane-fuelled appliance or
other device for the purpose of igniting solid fuels is
prohibited in a one or two-family dwelling or a room
where sleeping accommodation is provided.
17. Subsection 5. 1 is amended by adding the following clauses:
5.1.4 A boiler shall be equipped with approved automatic
devices the sole function of which shall be to shut off
the fuel supply in the event of,
(a) undue pressure or low water in a steam
boiler;
(b) overheating in a water boiler;
(c) low water in a water boiler with an input in
excess of 250,000 Btuh (75 kW); or
(d) low water in a water boiler located above the
hot water circulating system.
5.1.5 Where two or more water boilers of the coil or fin-
tube type, each not exceeding a rated input of
400,000 Btuh (120 kW), are installed in one system,
a low-water fuel cut-off device shall be installed on
each boiler unless,
(a) a flow switch that will shut off the fuel supply
to the burner is installed on the outlet piping
of each boiler; and
(b) a low-water fuel cut-off device is installed on
the main water outlet header.
18. Subsection 5.2 is amended by adding the following clauses:
5.2.3 A pressure booster capable of creating an unsafe
pressure downstream shall be provided with a
mechanical by-pass around the booster and a high
pressure switch set not in excess of 20 per cent above
the booster outlet pressure shall be installed down-
stream of the booster.
I
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Reg./Règl. 333
5.2.4 It is not necessary to itieet the requirements of clause
5.2.1 where a hermetically sealed pressure booster is
installed.
19. Clause 5.4.3 is amended by adding the following sub-
clauses:
5.4.3.3 A conversion burner with a maximum rated input
exeeding 400,000 Btuh (120 kW) and not exceeding
10,000,000 Btuh (3000 kW) shall be provided with,
(a) two automatic safety shut-off valves, one of
which shall be certified to CGA Standard 3.9
"Automatic Fail-Safe Safety Shut-Off
Valves"; or
(b) one automatic safety shut-off valve certified
to CGA Standard 3.9 "Automatic Fail-Safe
Safety Shut-Off Valves" equipped with a
valve proof of closure that is interlocked with
the start circuit.
5.4.3.4 A conversion burner with a maximum rated input
exceeding 10,000,000 Btuh (3000 kW) shall be pro-
vided with automatic safety shut-off valves in accor-
dance with the requirements of Safety Requirement
No. 1.
20. Subclause 5.4.4. 1 is revoked and the following substituted:
5.4.4. 1 A revertible-flue furnace may only be converted by,
(a) a natural draft burner, if,
(i) the centre-line of the flue collar is at
least 12 inches (300 mm) above the
burner port or ports,
(ii) the flue outlet is extended to permit
installation of the diverter so that the
relief opening is at least 12 inches (300
mm) above the highest flue pass, and
(iii) a by-pass at least one inch (25 mm) in
diameter is connected to the top of the
highest flue pass and extends through
the outer casing terminating in the vent
connector; or
(b) a fan-assisted burner, if,
(i) there is compliance with the require-
ments of subclause (a), or
(ii) there is compliance with paragraphs
(a) (i) and (ii) and the burner incorpo-
rates direct spark ignition, a proven pre-
purge and an automatic valve with an
integral dual safety shut off feature.
21. Clause 5.4.4 is amended by adding the following sub-
clauses:
5.4.4.5 When an oil-fired furnace in a mobile home is con-
verted to propane, either the furnace manufacturer's
certified burner conversion package or a certified
conversion burner shall be used.
5.4.4.6 An automatically controlled gravity or forced air fur-
nace shall be equipped with an approved high tem-
perature limit control and the maximum setting of
the control shall be,
(a) 350°F (175°C) for a gravity furnace; and
(b) 250^ (120°C) for a forced air furnace.
22. Subclause 5.6.2.3 is revoked and the following substituted:
5.6.2.3 A dryer shall be connected to a metal moisture
exhaust duct which shall terminate outdoors not less
than 6 feet (2 m) in any direction from a service
regulator, and not less than 10 feet (3 m) in any
direction from a fresh air intake.
23. Clause 5.8.3 is revoked.
24. Subsection 5.13 is amended by adding the following clause:
5.13.4 A furnace may be used to heat a residence under
construction if the furnace is,
(a) installed on a finished concrete floor or
installed on a poured concrete slab that is at
least,
(i) four inches (100 mm) thick,
(ii) one inch (25 mm) in height above the
height of the basement floor when com-
plete, and
(iii) six inches (150 mm) longer and wider
than the base of the furnace;
(b) piped in accordance with section 10;
(c) vented in accordance with section 6; and
(d) fitted with a warm air plenum and a return air
plenum, both of which are protected against
an influx of waste or discarded material.
25. Clause 5.15.2 is revoked and the following substituted:
5.15.2 Except as permitted in clauses 5.15.3 and 5.15.4, a
make-up air heater shall only be installed in, or
ducted to,
(a) a building or part of a building in which an
industrial process takes place, a technical
training shop, an industrial spray booth, a
commercial kitchen or a non-residential farm
building; or
(b) if the installation complies with Standard ISR
108 "Interim Safety Requirements for Instal-
lation of Direct Gas/Propane Fired Non-
Recirculating Make-up Heaters in Storage
Garages", a storage garage.
26. Clause 5.16.5 is revoked and the following substituted:
5.16.5 A room heater installed in a room used primarily for
sleeping shall be of the direct vent type only.
27. Clause 5.16.9 is revoked and the following substituted:
5.16.9 A gas log or decorative appliance shall not be
installed in a bathroom, bedroom or other room
where sleeping accommodation is provided.
28. Subsection 5. 16 is amended by adding the following clause:
5.16.11 A gas log shall be certified, and shall only be
installed in a fireplace complying with the building
code under the Building Code Act.
29. Clause 5.20.4 is revoked and the following substituted:
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HYDROCARBURES
Reg./Règl. 333
5.20.4 A vent connector shall be directly connected to a
chimney through a separate sleeve.
30. Section 5.24 shall be read with the addition of the following
clauses:
5.24.2 A refrigerator shall not be installed inside a building
used or intended for sheltering persons or animals.
5.24.3 Clause 5.24.2 does not apply to a refrigerator that is
a direct vent appliance.
5.24.4 A refrigerator shall comply with the requirements of
the Fuels Safety Branch of the Ministry Publication
Standard G.P. No. 6 "Refrigerators using Gas or
Propane Fuels" dated July, 1988.
31. Subsection 5.26 is amended by adding the following clause:
5.26.6 A swimming pool heater of the finned tube type shall
be installed outdoors or in an outdoor shelter.
32. Clause 5.27. 1 is revoked and the following substituted:
5.27.1 An infra-red heater shall be installed in accordance
with the manufacturer's certified installation instruc-
tions and shall be protected against physical damage,
and where the infra-red heater is of the unvented
type,
(a) shall not be installed in a dwelling for single
or multiple family occupancy, a hotel, a motel
or a building for institutional occupancy;
(b) shall not be installed in a place where flamma-
ble dusts, liquids or vapours are anticipated;
(c) shall be provided with mechanical ventilation
so located that the products of combustion
from each heater are effectively removed to
outdoors, having a ventilation volume of at
least 300 CFM for each 100,000 Btuh (30kW)
input or fraction thereof, and sufficient to
maintain the level of carbon dioxide (COj) at
less than 5,000 PPM measured 6 feet (2 m)
above the work area;
(d) shall have the ventilation system so inter-
locked that any reduction of the volume of air
flow required by subclause (c) for a heater or
group of heaters will cause the shutdown of
that heater or group of heaters;
(e) shall be provided with combustion and venti-
lation air compatible with (c) above;
(f) shall not be installed in an exit passageway or
stairway or within 8 feet (2.5 m) measured
horizontally from an exit door; and
(g) shall be provided with at least 6 feet (2 m)
clearance between the radiant face and com-
bustibles unless otherwise certified.
33. Clause 5.27.2 is revoked.
34. Clause 5.27.3 is revoked.
35. Subsection 6.1 is amended by adding the following clauses:
6.1.7 No opening shall be located in a furnace return air
system within the same room or space as a furnace
unless combustion and ventilation air is provided to
the room or space, and in no case shall such an open-
ing be installed in or within 6 feet (2 m) of the return
air plenum.
6.1.8 Air heated by either a space heater or fireplace
which burns solid fuel shall not be introduced into
any part of the warm air or return air duct system of
a propane-fired furnace.
36. Subclause 6.3.2 (b) is revoked and the following substi-
tuted:
(b) the upper opening shall be located as near the ceiling
as is practicable, but not lower than any relief open-
ing of a draft hood or draft regulator, and shall have
a free area of at least,
(i) 10 per cent of the area of the opening
required under subclause (a), or
(ii) seven square inches (4500 sq. mm),
whichever is greater.
37. The title to subsection 6.4 is revoked and the following sub-
stituted:
6.4 Air Supply Dampers, Louvres and Grills.
38. Clause 6.4.4 is revoked and the following substituted:
6.4.4 An automatic combustion air damper,
(a) shall not be installed in the air supply within a
one or two-family dwelling; and
(b) when installed in the air supply to a commer-
cial, institutional or industrial building, shall
be interlocked with the burner control system
so that,
(i) the damper is proven to be in the fully
open position before ignition of the
main burner, and
(ii) the fuel supply to the appliance will be
shut off in the event of damper failure.
39. The title to subsection 6.7 is revoked and the following sub-
stituted:
6.7 Mechanical Air Supply.
40. Clause 6. 10.2 is revoked.
41. Clause 6.11.3 is revoked and the following substituted:
6.11.3 A residential type appliance shall not be connected
to a chimney flue serving,
(a) a solid-fuelled fireplace, unless the opening
from the fireplace to the chimney is perman-
ently closed; or
(b) a solid-fuelled appliance.
42. Clause 6.11.4 is revoked and the following substituted:
6.11.4 When a flue serving an appliance which burns a
liquid fuel also serves a propane fuelled appliance,
the propane appliance vent connector shall be,
(a) through a separate flue opening above the
flue pipe connection from the liquid-fuelled
appliance; or
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ENERGY
Reg./Règl. 333
(b) connected into a shop fabricated branch fit-
ting that is located,
(i) in a residential installation, not more
than 30 inches (750 mm) from the flue
entrance, and
(ii) in a commercial or industrial installa-
tion, as close as practicable to the flue
entrance.
43. Clause 6.1 1.6 is revoked.
44. Clause 6. II .8 is revoked and the following substituted:
6.11.8 The flue of a masonry chimney that will vent a pro-
pane-fuelled space heating appliance with an input
not exceeding 400,000 Btuh (120 kW) shall be lined
in accordance with clauses 6.11.10 and 6.11.11,
except where,
(a) the flue has an existing clay-tile or transite lin-
ing;
(b) the existing lining is inspected and accepted
by a contractor under clause 6.11.2; and
(c) the contractor has complied with clause 4.6.4.
45. Clause 6. 1 1 .9 is revoked and the following substituted;
6.11.9 Where inspection reveals that an existing chimney is
not safe for the intended application, it shall be,
(a) repaired, rebuilt or replaced to comply with
the requirements for a new chimney which
appear in the building code under the
Building Code Act; or
(b) replaced by an approved vent or chimney,
and the requirements of subsection 6.12 shall apply.
46. Clause 6. 1 1 . 10 is revoked and the following substituted:
6.11.10 A chimney liner shall provide a continuous lining
from inside the space where the appliance is located
to the top of the chimney, and where a single wall
liner is used, it shall be installed in accordance with
Standard G/P No. 5 "Installation Standard For Alu-
minum or Stainless Steel Chimney Liners".
47. Subsection 6. 1 1 is amended by adding the following clause:
6.II.I1 Where a chimney is lined, the liner shall be Type B
Vent, Type L Vent or a material which is acceptable
to the Director.
48. Clause 6. 13.2 is revoked and the following substituted:
6.13.2 A Type B, BW or L Vent, a Factory Built Type A
Chimney, or a Medium Heat Appliance Factory
Built Chimney shall,
(a) terminate above a flat roof of a building in
accordance with Table 6.13.2 (a), and at least
6 inches (150 mm) higher than any portion of
the building within 10 feet (3 m) measured
horizontally from the top of the vent or chim-
ney; and
(b) terminate above a sloping roof in accordance
with the vent or chimney manufacturer's cer-
tified installation instructions but in no case
nearer the roof than the distances shown in
Figure 6.13.2(b).
Table 6.13.2 (a)
Termination Height for Vents and Factory Built Chimneys Above
Flat Roof
Nominal Inside
Diameter, In. (mm)
Minimum Termination
Height, In. (mm)
4 or less (100)
5 (125)
6 (150)
7 (175)
8 and larger (200)
24 (600)
30 (750)
36 (900)
48 (1200)
61) (1500)
Note: See Information Section for drawing.
Figure 6.13.2 (b)
Termination Height for Vents and Factory Built
Chimneys Above Pitch Roof
Minimum Vertical Distance Ft.(m) From Roof Up
To Lowest Opening In Top
8 (2.4)
7 (2.1)
6 (1.8)
5 (l.S)
4(1.2)
3 (0.9)
2 (0.6)
1 (0.3)
0 (0.0)
FT.(m)
2/12 4/12 6/12 8/12 10/12 12/12 14/12 16/12 18/12
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ROOF PITCH
Note: See technical Information Section for drawing on method of
calculating roof pitch.
49. Clause 6. 13.3 is revoked.
50. Clause 6. 13.4 and Figure 6. 13.4 are revoked.
51. Clause 6.16.2 is revoked and the following substituted:
6.16.2 Where it is impracticable to install a vent inside a
building, the vent may be installed completely out-
doors if it is approved for outdoor use.
52. Clause 6.21.2 is revoked and the following substituted:
6.21.2 A draft hood shall not be used on an appliance with
a positive over-fire draft or on an appliance with an
induced draft.
53. Clause 6.22.5 is revoked and the following substituted:
6.22.5 Subject to the approval of the Director, an appliance
may be operated by discharging the products of com-
bustion directly into the space of an industrial build-
ing, if,
(a) the appliance is located in a large and ade-
quately ventilated space; and
(b) the maximum input of the appliance does not
exceed 20 Btuh for each cubic foot of space in
which the appliance is located, unless it is an
approved appliance designed to produce a
controlled atmosphere.
54. Clause 6.22.7 is revoked.
55. Clause 6.22.8 is revoked.
56. Clause 6.22.9 is revoked.
57. The title to subsection 6.24 is revoked and the following
substituted:
6.24 Automatic Vent Damper or Automatic Flue
Damper.
58. Clause 6.24. 1 is revoked and the following substituted:
6.24.1 An electrically-operated automatic vent damper
device is permitted in a residential building only
where,
(a) the device is provided as an integral compo-
nent of an approved appliance; and
(b) the input of the approved appliance does not
exceed 400,000 Btuh (120 kW).
59. Subsection 6.24 is amended by adding the following clauses:
6.24.3 An appliance certified with an automatic vent
damper shall be installed in accordance with the
requirements of clause 6.24.2 and of Standard G/P
No. 6, "Installation Requirements For Gas or Pro-
pane Fired Appliances Certified with an Automatic
Vent Damper".
6.24.4 An automatic flue damper,
(a) shall not be installed on an appliance within a
one or two-family dwelling;
(b) shall not be installed on an appliance equip-
ped with a draft hood or a draft regulator;
(c) when installed on an appliance equipped with
a constant pilot, shall be designed or con-
structed to provide a fixed minimum opening
of 20 per cent, and shall be interlocked with
the burner control system so that,
(i) the damper is proven to be in the fully
open position before ignition of the
main burner, and
(ii) the fuel supply to the appliance will be
shut off in the event of damper failure;
and
(d) when installed on an appliance equipped with
an intermittent pilot, an interrupted pilot or
direct spark ignition of the main burner, shall
be interlocked with the burner control system
so that,
(i) the damper is proven to be in the fully
open position before ignition of the
fuel, and
(ii) the fuel supply to the appliance will be
shut off in the event of damper failure.
60. The title to subsection 6.25 is revoked and the following
substituted:
6.25 Manually Operated Flue Dampers.
61 . Clause 6.25. 1 is revoked and the following substituted:
6.25. 1 A manually operated flue damper shall not be,
(a) used with a residential appliance; or
(b) used with a commercial or industrial type
appliance unless provided with a fixed mini-
mum opening of 20 per cent.
62. Clause 6.25.2 is revoked and the following substituted:
6.25.2 When a baffle or neutral pressure point adjuster is
used, it shall,
(a) be located upstream of the draft regulator;
and
(b) have a fixed safe minimum opening.
63. Section 6 is amended by adding the following subsections:
6.28 Commercial or Institutional Kitchen Canopies and
Appliances.
6.28.1 Where a canopy or appliance is installed within a
commercial or industrial kitchen,
(a) the canopy shall comply with NFPA96-1980
and NFPA211-1980 clause 6.6.2.1;
(b) the exhaust air volume of the canopy shall be
of sufficient capacity to provide for capture
and removal of grease-laden cooking vapours
and products of combustion;
(c) the appliance installed under the canopy shall
have an input not exceeding 400,000 Btuh
(120 kW) and its Hue outlet shall be directly
under the canopy; and
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Reg./Règl. 333
(d) the appliance need not be interlocked with
the exhaust if it is approved to one of the fol-
lowing appropriate standards:
1. CANl-1.8-76
Hotel and Restaurant Gas Ranges and
Unit Broilers.
2. CANl-1.9-76
Hotel and Restaurant Gas Deep Fat
Fryers.
3. CGA-1. 10-74
Commercial Gas Baking and Roasting
Ovens.
4. CANl-1. 11-76
Gas Counter Appliances.
5. CGA-1. 12-64
Gas Fired Commercial Dishwashers.
6. CANl-1. 15-76
Gas Fired Kettles, Steam Cookers and
Steam Generators.
6.28.2 An approved appliance not identified in clause
6.28.1 may be installed under a canopy, if,
(a) the appliance is interlocked so that operation
is permitted only when exhaust air flow is
proven;
(b) the appliance is interlocked through a four (4)
minute time delay manual reset device; and
(c) the manual reset device is readily accessible
and identified as to function.
6.28.3 Where more than one appliance is installed under
the same canopy under clause 6.28.2, a single system
installed in accordance with clause 6.28.2 may be
used to interlock the appliances.
6.28.4 Clause 6.28.2 does not apply to a booster water
heater of 50,000 Btuh (15 kW) or less supplying
water to an automatic dishwasher.
6.29 Heat Reclaimers.
6.29.1 A heat reclaimer shall not be used with a propane-
fired appliance installed in a one or two-family
dwelling.
6.29.2 A heat reclaimer shall be installed in accordance
with approved Standards.
6.30 High Efficiency Type Appliances.
6.30.1 A high efficiency type appliance shall,
(a) be installed in accordance with the manufac-
turer's certified installation instructions; and
(b) have an exhaust conduit that terminates out-
doors so that the termination point is not less
than,
(i) 3 feet (1 m) above grade level.
(ii) 3 feet (1 m) from any building opening,
(iii) 6 feet (2 m) from a combustion air
opening of any appliance,
(iv) 6 feet (2 m) from a fresh air intake, and
(v) 6 feet (2 m) from any regulator vent.
64. Section 7 is revoked.
65. Section 8 is revoked.
66. The title to Section 9 is revoked and the following substi-
tuted:
Specific Installation Requirements For Appliances Having An
Input In Excess of 400,000 Btuh (120 kW).
67. Clause 9.2.1 is revoked.
68. Clause 9.2.2 is revoked and the following substituted:
9.2.2. An accessible, identified emergency manual shut-off
valve shall be provided in the propane supply to a
boiler room or confined area where the total appli-
ance input is in excess of 2,000,000 Btuh (600 kW)
and the valve shall,
(a) be located outside the boiler room or con-
fined area;
(b) comply with clause 10.18.1;
(c) have a handle or appropriate wrench that is
readily accessible and identified; and
(d) have its location indicated by means of a per-
manent legible sign adjacent to each entrance
to the boiler room or confined area.
69. Subsection 9.3 is revoked.
70. Subsection 9.4 is revoked.
71. Subsection 10.1 is amended by adding the following subsec-
tion:
10.1.4 Plastic piping and tubing is permitted for under-
ground use only and shall meet the requirements of
subsection 10.25.
72. Clause 10.2.6 is amended by striking out the words "3/8
inch nominal size" in the third line and substituting "3/8
inch OD size".
73. Clause 10.2.7 is revoked and the following substituted:
10.2.7 Copper tubing for underground service shall be Type
K or 3/8" Type GP.
74. Subsection 10.2 is amended by adding the following clause:
10.2.10 Plastic piping, tubing and fittings shall comply with
CSA Standard B137.4 "Polyethylene Piping Systems
for Gas Service", and shall be limited to types 2306,
3306 or 3406.
75. Clause 10. 10.3 is revoked and the following substituted:
10.10.3 Welding shall be performed by persons certified
under the Boilers and Pressure Vessels Act using
methods set forth in Regulation 330 of Revised Reg-
ulations of Ontario, 1990 (Gas Pipeline Systems).
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76. Clause 10.11.2 is revoked and the following substituted:
10.11.2 A branch line piping outlet shall be taken from the
top or side of horizontal piping unless the branch
piping is a drop and is provided with a dirt pocket.
77. Clause 10.12.1 is revoked and the following substituted:
10.12.1 Whenever an outlet in a piping system is not con-
nected for use it shall be,
(a) in a one or two-family dwelling, fitted with a
nipple and cap; and
(b) in any other type of building, fitted with a
manual shut-off valve and a nipple and cap.
78. Subsection 10.14 is amended by adding the following
clauses:
10. 14.8 A street elbow or a street tee shall not be used in any
piping system.
10.14.9 A propane line in any primary or secondary school
shall not be activated, opened or purged during reg-
ular school hours.
79. Clause 10.15.2 is revoked.
80. Clause 10.15.3 is revoked and the following substituted:
10.15.3 Underground,
(a) piping shall be at least Schedule 80 and shall
be welded or threaded, and where threaded
the fittings shall be of the heavy duty type;
and
(b) copper tubing shall be connected by brazing
or by the use of flare connectors using heavy
forged flare nuts.
81. Clause 10.15.4 is revoked and the following substituted:
10.15.4 Piping or tubing,
(a) conducting propane in the vapour phase shall
be located not less than fifteen inches under-
ground or twenty-four inches under a vehicle
driveway or parking lot, except where it rises
above ground at the point of supply or to con-
nect to a building or to an outdoor appliance;
and
(b) conducting propane in the liquid phase shall
be located not less than eighteen inches
underground or thirty-six inches under a vehi-
cle driveway, parking lot or traffic area.
82. Clause 10.16.1 is revoked and the following substituted:
10.16.1 Where piping or tubing is exposed to a corrosive
atmosphere, or installed outdoors above ground, it
shall be protected against exterior corrosion by
painting or coating.
83. Subsection 10.16 is amended by adding the following
clause:
10.16.7 Where piping passes through an interior wall of
masonry or concrete, the portion of piping that runs
through the wall shall be protected against corro-
sion.
84. Clause 10.18. 1 is revoked and the following substituted:
10.18.1 A manual shut-off valve shall be of the plug, lubri-
cated plug, ball or eccentric type rated by the manu-
facturer for the pressure and temperature conditions
anticipated for its use, and
(a) a non-lubricated plug or eccentric type valve
shall not be used outdoors;
(b) a valve of the non-lubricated type shall not be
used for piping of NPS 1 inch and larger sizes
or where the pressure exceeds 0.5 psig (3.5
kPa).
85. Clause 10.18.4 is revoked and the following substituted:
10. 18.4 A spring-loaded valve shall be approved and shall be
installed in such a manner as to prevent its plug from
being accidentally lifted off the seat.
86. Subsection 10.20 is amended by adding the following
clause:
10.20.2 Where a facility is no longer used for the purpose
described in clause 10.20.1, the emergency shut-off
valve in the piping system to the facility shall be
closed off and fitted with a nipple and cap.
87. Subclause 10.22.2 (a) is revoked and the following substi-
tuted:
(a) before an appliance is connected, the piping or tub-
ing shall be tested with a pressure of at least 10 psig
(70 kPa) or 1.5 times the working pressure, which-
ever is the greater. The piping or tubing shall retain
the test pressure for a period of time not less than
ten minutes; or
88. Clause 10.23.6 is revoked and the following substituted:
10.23.6 When propane contained in a piping system or con-
tainer is to be flared off, a purge burner suitable for
the application shall be used.
89. Section 10 is amended by adding the following subsection:
10.25 Plastic Piping and Tubing Systems.
10.25.1 The procedure for installation of plastic piping and
tubing shall be acceptable to the Director.
10.25.2 An approved transition fitting shall be used for con-
necting piping or tubing of steel or copper to plastic.
10.25.3 Underground plastic piping or tubing shall not con-
tain any fittings or joints except at points for branch
supply piping or tubing or where the length of the
plastic supply piping or tubing requires the use of
plastic to plastic couplings.
10.25.4 The propane supply to underground plastic piping or
tubing shall be controlled by a shutoff valve situated
aboveground.
10.25.5 Underground plastic piping and tubing shall be
installed,
(a) under driveways and parking lots that are not
used exclusively for residential purposes, at
least twenty-four inches (600 mm) under-
ground; and
(b) in all other locations, at least fifteen inches
(375 mm) underground.
10.25.6 The installation of plastic piping or tubing located
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ENERGY
Reg./Règl. 333
between buildings shall comply with the require-
ments of clauses 10.1.4, 10.2.10, 10.15.5, 10.15.6,
10.15.7, 10.15.8, 10.15.9, 10.15.10 and 10.16.6.
90. Subsection 1 1.4 is amended by adding the following clause:
11.4.3 A second stage regulator installed within a one or
two-family dwelling or row housing shall not be
located more than three feet from the point at which
the propane supply enters the dwelling.
91. Subclause 12.1.2 (b) is revoked and the following substi-
tuted:
(b) the relief valve of every cylinder, except a cylinder
having a water capacity exceeding 240 lbs. (109 Kg)
and provided with a permanently attached protective
dome cover assembly or an internal type relief valve,
shall be removed and replaced by,
(i) a new relief valve, or
(ii) a relief valve that has been tested and found
acceptable for use.
92. Clause 12.6.3 is amended by striking out the words "pri-
vately owned" from the second line.
93. Clause 12.7.2 is amended by adding the following at the
end:
"but subclauses (b) and (c) do not apply to appli-
ances having a cylinder retention means that is incor-
porated and certified as part of an appliance".
94. Clause 13.1.7 is revoked and the following substituted:
13.1.7 The following are the support requirements for a
tank having a capacity of 5000 USWG or less:
1. Before the tank and tank supports are
installed, the ground shall be properly pre-
pared, levelled, firmly tamped and provided
with a gravel base for drainage.
2. The tank shall be installed on not more than
two separate concrete, masonry or steel sup-
ports, each having a length at least equal to
the diameter of the tank.
3. The use of individual tank supports at each of
the four permanently attached legs of the
tank is prohibited.
4. The tank supports shall be of reinforced con-
crete or steel of sufficient strength to support
the weight of the tank when filled to capacity
with propane.
5. The tank supports shall consist of:
i. reinforced concrete piers poured in con-
junction with reinforced concrete foun-
dations located below the frost line,
ii. reinforced concrete supports to support
and elevate the tank to a designed
height,
iii. metal legs to elevate the tank to a
designed height, together with a poured
reinforced concrete slab at least six
inches (150 mm) thick and having a
length and width at least equal to the
length and width of the tank and cabi-
net, if any, or
iv. six inch (150 mm) "I" beam size steel
rails or four inch (100 mm) steel box
member material accommodating the
length and width of the tank and cabi-
net, if any, and installed on a six inch
(150 mm) thick reinforced concrete
slab, an industrial grade asphalt or
gravel base extending not less than
eighteen inches (460 mm) on all sides.
6. The top of any concrete support or poured
reinforced concrete slab shall be at least three
inches above grade.
95. Clause 13.1.9 is revoked.
96. Subsection 13.3 is amended by adding the following clause:
13.3.10 Tank systems and filling plants that are in existence
on the 1st day of January, 1983 shall be made to
comply with subsection 13.3 from the 1st day of Jan-
uary, 1985.
97. Subsection 13.10 is amended by revoking Table 13.10.2 and
substituting the following:
Table 13.10.2
Consumer Applications
Minimum distance in Feet Between
USWG per Tank
Tanks, Property Lines, Adjacent Masonry Building
Walls, Drainage Basin, Ditch and Open Flames
Adjacent Tanks
Aboveground
Underground
Less than 125
125 to 2000
2001 to 5000
5001 to 10,000
Over 10,000
0
10
15
25
100
10
10
15
25
100
0
3
3
5
10
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98. Clause 13.11.8 is revoked and the followingsubstituted:
13.11.8 The distance between the bottom of a tank and the
grade or slab shall be at least six inches, and shall not
exceed thirty inches, unless the tank is supported in
accordance with subparagraphs 13.1.7.5 (i) and (ii)
and in no case shall metal legs be used to support the
tank where such distance exceeds 30 inches.
ment and fixtures located within twenty-five feet
measured horizontally and vertically from any stor-
age tank valve, filling building or area, pump, com-
pressor, point of transfer or similar location, shall
comply with the provisions of the Electrical Safety
Code made under the Power Corporation Act, that
apply to Class I, Division II, Group "D", hazardous
locations.
99. Clause 13.1 1.10 is amended by striking out the words "2000
USWG" from the first line and substituting "5000 USWG".
100. Clause 13.12.1 is revoked and the following substituted:
13.12.1 At every filling plant having a storage capacity in
excess of 5000 USWG, all electrical wiring, equip-
101. Subsection 13.15 is amended by revoking clause 13.15.1 and
Table 13.15.1 and substituting the following:
13.15.1 Except as provided in clauses 13.15.2, 13.15.4,
13.15.5 and 13.18.1.12, a tank used at a filling plant
and any equipment or materials attached thereto
shall be located in accordance with Table 13.15.1.
Table 13.15.1
Filling Plant Applications
Locations of Tanks
Total Water Capacity
of Tanks
in US Gallons
Minimum distance in feet between aboveground or underground tanks and
Property lines, adjacent
masonry building walls,
drainage basin or ditch
and open flames
Adjacent
Propane
Tanks
Underground
Gasoline or
other fuel tanks
Up to 2000
2001 to 5000
5001 to 10,000
Over 10,000
10'
15'
25'
100'
3'
3'
3'
5'
15'
15'
15'
15'
102. Subsection 13.15 is amended by adding the following
clauses:
106.
Subsection 13.18 is amended by adding the following sub-
clauses:
13.15.2 The distance shown in Table 13.15.1 are subject to
the approval of the Director who may amend the
spacing requirements, and where tanks of a multiple
tank installation are installed on a common base or
pier, the clearance between tanks may be reduced.
13.15.3 A building referred to in Table 13.15.1 does not
include a container filling or storage building, a
pump room, or a building housing an indirect vapor-
izer.
103. Subsection 13.15 is further amended by adding the follow-
ing clauses:
13.15.4 Where a tank having a capacity of 5000 USWG or
less is located adjacent to a combustible building
wall, the minimum clearance between the tank and
the wall shall be at least twenty-five feet, unless fire
protection that is acceptable to the Director is pro-
vided.
13.15.5 Despite clause 13.15.1, tanks up to and including
5000 USWG and equipment shall be located not less
than twenty-five feet (7.6 m) from any door and also
from any openable window below the level of the
relief valve.
104. The title to subsection 13.18 is amended by striking out the
words "Utilizing Tanks Not Greater than 2000 USWG
(7500 L)".
105. Clause 13.18.1.3 is revoked and the following substituted:
13.18.1.3 Where more than one tank is to be installed, the
aggregate capacity of the tanks shall not exceed 5000
USWG (19,000 L).
13.18.1.6 Where a tank is not equipped with a ventilated cabi-
net, it shall be fenced in accordance with subclause
12.5.4.1 (a).
13.18.1.7 Where a tank is equipped with a ventilated cabinet
and is not fenced, it shall be provided with posts or a
guardrail of material described in clause 13.18.1.9.
13.18.1.8 A tank, its equipment and the piping attached to it
shall be protected from damage by the use of posts
or a guardrail, located to provide a minimum of ten
feet of clear space between a cylinder filling scale or
a meter or pump outlet to which the dispensing hose
is connected at or near the tank and any source of
ignition, including vehicles.
13.18.1.9 A tank shall be protected by at least one of the fol-
lowing:
1. 4" caped steel pipe.
2. 4" steel tubing filled with concrete.
3. 8" preservative-treated square or round
wooden posts.
4. Reinforced concrete posts having a dimension
of at least six inches.
5. A guardrail of the steel deep beam type (12" x
13' 6"), the top of the horizontal beam being
no more than twenty-four inches above grade
line, with supporting pressure-treated
wooden posts having a dimension of at least
six inches, located not more than 6 feet 3
inches apart.
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ENERGY
Reg./Règl. 333
6. A guardrail of the reinforced concrete barrier
type commonly referred to as the New Jersey
Turnpike barrier, at least thirty inches high.
13.18.1.10 Posts used to protect a tank shall,
(a) subject to subclause 13.18.1.9 (e) and clause
13.18.1.13, be spaced not more than 4 feet 6
inches apart;
(b) be buried not less than thirty-six inches below
grade; and
(c) extend at least thirty inches above grade.
13.18.1.11 At a container refill centre having a storage capacity
of 5000 USWG or less, all required electrical wiring,
equipment and fixtures located within ten feet, mea-
sured horizontally and vertically, from the tank,
pump, cylinder filling area or point of transfer shall
comply with the provisions of the Electrical Safety
Code made under the Power Corporation Act, that
apply to Class I, Division II, Group "D", hazardous
locations.
13.18.1.12 Where a remote dispensing device is used, it shall be
located at least,
(a) twenty-five feet from any gasoline or diesel
dispensing devices; and
(b) ten feet from any building or property line.
13.18.1.13 A remote dispensing device shall be protected by
posts as described in subclauses 13.18.1.9 (a), (b),
(c) or (d), installed in accordance with clause
13.18.1.10. A clear space of at least one foot shall be
maintained between the posts and the remote dis-
pensing device.
13.18.1.14 Where underground piping or tubing is installed, the
owner of the piping or tubing shall provide for instal-
lation and maintenance of a readily legible sign or
marker to identify the presence of propane piping or
tubing and the piping or tubing owner's name.
13.18.1.15 A ventilated cabinet, enclosure or fencing used in
conjunction with a tank shall be locked when unat-
tended.
13.18.1.16 Propane liquid piping or tubing shall be pressure
tested with a pressure of not less than 300 psig for
not less than one hour for every fiffy feet of piping or
tubing but in no case less than one hour.
107. Subclauses 13.18.2.3 (b) and (c) are revoked and the fol-
lowing substituted:
(b) one foot (300 mm) above grade and the base shall
extend not less than one foot (300 mm) horizontally
from all sides of the tank and cabinet; and
(c) protection for the tank and cabinet shall be provided
using posts or a guardrail in accordance with clauses
13.18.1.9 and 13.18.1.10.
108. Clause 13.18.3.1 is revoked and the following substituted:
13.18.3.1 When a conventional horizontal tank is to be used in
conjunction with a ventilated cabinet, only the tank
relief valves, gauging devices, filler valve and pump
bypass line of Schedule 80 pipe may be located out-
side the ventilated cabinet.
109. Subclause 13.18.3.3 (d) is amended by striking out the
words "the piping from".
110. Subsection 13.18 is amended by revoking clauses 13.18.3.4
and 13.18.3.5.
111. Subsection 13.18 is further amended by adding the follow-
ing clause:
13.18.3.6 The liquid withdrawal opening of a horizontal tank
shall be equipped with an internal safety control
valve that is provided with means to ensure its clo-
sure when the cabinet is closed.
112.
Subclause 14.15.3 (a) is revoked and the following substi-
tuted:
14.15.3 (a) except in an emergency as provided in subclause (b),
a vehicle shall not be left unattended on any street,
highway, avenue, alley or public parking facility but
this shall not prevent a driver from being absent
from the vehicle in connection with the driver's nor-
mal duties or washroom or meal stops.
113. Subsection 14.15 is amended by adding the following
clause:
14.15.6 Portable cylinders and motor vehicle fuel tanks shall
not be filled on any street, highway, avenue, alley or
public parking facility from a bulktruck, tank trailer
or cargo liner without permission of the Director.
114. Subsections 16.1 to 16.9, inclusive, are revoked and the fol-
lowing substituted:
16.1 General.
16.1.1 Section 16 applies to propane carburetion equipment
on,
(i) motor vehicles,
(ii) industrial vehicles, and
(iii) standby generators and pumps.
16.1.2 The installation requirements of this Code do not
apply to a propane carburetion system installed by a
motor vehicle manufacturer in accordance with
Canada Motor Vehicle Safety Standard (CMVSS)
301.1.
16.2 Fuel Tanks.
16.2.1
An engine fuel tank shall conform to the require-
ments of the Boilers and Pressure Vessels Act.
16.2.2 A tank shall be designed and constructed for a work-
ing pressure of at least,
(a) 250 psig (1750 kPa) where the tank is located
outside an enclosed space on a vehicle; and
(b) 312.5 psig (2150 kPa) where the tank is
located inside an enclosed space on a vehicle.
16.2.3 The set pressure of the relief valve of a tank shall be
equal to the working pressure of the tank.
16.2.4 A CTC cylinder shall not be installed as an engine
fuel container on a highway vehicle other than an
industrial tractor or a lift truck, except that a cylin-
der may be used instead of a tank for the purpose of
shipping a vehicle or for such test purposes as tuning
the vehicle engine.
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Reg./Règl. 333
16.2.5 When two or more tanks are interconnected by their
manufacturer by means of rigid integral, non-remov-
able liquid and vapour conduits and are secured and
braced to form a single rigid unit, they shall be con-
sidered to be a single tank.
16.2.6.1 Before a new tank or a tank from which propane has
been completely displaced is to be filled with pro-
pane it shall be purged of air in the following man-
ner:
1. If a pressure gauge is not a part of the tank
equipment, one shall be installed at a conve-
nient location on the tank or in a tee at the
inlet to the tank.
16.3.1.3 The relief valve on a fuel tank shall have direct com-
munication with the vapour space of the tank when
the vehicle is parked on level ground.
16.3.2 Liquid Level Gauges.
16.3.2.1 A tank, including a tank equipped with a stop-fill
valve, shall be equipped with a fixed liquid level
gauge which is designed so that the bleed valve open-
ing is not larger than a No. 54 drill size (1.4 mm).
16.3.2.2 Where the fixed liquid level gauge is installed in a
location away from the tank, a No. 54 drill size (1.4
mm) orifice shall be installed at the tank and at the
remote location.
2. A source of propane vapour pressure shall be
connected to the tank in a manner that will
ensure that the source of vapour pressure can
be manually controlled at the tank.
3. A method for exhausting pressure safely from
the tank being purged of air shall be pro-
vided.
4. Fifteen (15) psig (100 kPa) propane vapour
pressure shall be introduced into the tank by
opening the valve controlling the vapour
source and the valve on the tank; once this is
completed, the valve on the vapour source
shall be shut off.
5. The fifteen (15) psig (100 kPa) vapour pres-
sure shall then be exhausted from the tank
safely to the outdoors, or recovered or flared
off in a safe manner.
6. Steps 4 and 5 shall then be repeated four addi-
tional times.
7. When purging is complete the tank shall con-
tain at least 96 per cent by volume of propane
in vapour phase.
8. Liquid propane shall not be used to purge a
tank of air and purging shall be undertaken in
a safe, ignition-free location only.
16.2.6.2 Alternative methods of purging air from a tank
which meet the safety requirements of clause
16.2.6.1 and result in the propane content described
in paragraph 7 of clause 16.2.6. 1 are acceptable.
16.2.7 All inlets and outlets of an engine fuel tank, other
than those for the relief valve and gauge, shall be
labelled to indicate whether the inlet or outlet com-
municates with the vapour or the liquid space in the
tank.
16.2.8 Field welding of a tank shall be carried out only on
saddle plates or brackets.
16.2.9 A tank exposed to corrosion or erosion shall be pro-
tected by the application of coal tar, epoxy or some
equivalent coating or material.
16.3 Fuel Tank Equipment.
16.3.1 Relief VaWes.
16.3.1.1 Each tank shall be provided with one or more relief
valves of the spring loaded internal type.
16.3.1.2 Shut-off valves or other equipment shall not be
installed between the relief valves and the tank.
16.3.2.3 A durable label made of a material that is not
adversely affected by water shall be attached beside
the liquid level gauge, by means of a non-water-solu-
ble adhesive where necessary, showing the following
words in letters at least 0.24 inch (6.4 mm) high:
Stop Filling When
Liquid Appears.
16.3.3 Excess Flow and Back Check Valves.
16.3.3.1 A propane withdrawal connection on a tank having
an opening larger than a No. 54 drill size (1.4 mm)
shall be equipped with an internal excess flow valve.
16.3.3.2 The filler valve on a tank shall be equipped with,
(a) one double or two single back check valves of
the internal type, one seat of which shall be of
a type other than the metal to metal type; and
(b) a protective cap for the filling connection,
secured to the filler valve or vehicle,
and where a remote fill connection is provided for
the tank, the connection shall be equipped with one
double or two single back check valves, one of which
shall be of a type other than the metal to metal seat
type.
16.4 Tank Installation.
16.4.1 When individual tanks are interconnected by piping,
tubing or hose, each liquid withdrawal line shall be
equipped with a back check valve and each tank shall
have a separate fill connection.
16.4.2 A tank on a vehicle shall be securely installed with
anchorage sufficient to prevent it from jarring loose,
slipping or rotating.
16.4.3 A tank on a vehicle shall be considered to be suffi-
ciently anchored when the force necessary to detach
the tank from the vehicle,
(a) in a forward direction, is at least twenty times
the weight of the full tank; and
(b) in a rearward, sideways or vertical direction is
at least eight times the weight of the full tank.
16.4.4 If a physical test or a calculation of strength to deter-
mine compliance with clause 16.4.2 is not practica-
ble, the tank shall be considered to be sufficiently
anchored if at least the following components are
used:
1. Where the attachment is by means of straps
and bolts.
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Reg./Règl. 333
(i) two Steel straps 1.25 inches (32 mm) x
0.12 inch (3 mm) with 3/8 inch (10 mm)
minimum Grade 5 bolts shall be used
for a tank with a capacity not exceeding
26 USWG (100 L), and
(ii) two steel straps 2 inches (50 mm) x 0.25
inch (6 mm) with 0.5 inch (13 mm) min-
imum Grade 5 bolts shall be used for a
tank with a capacity exceeding 26
USWG (100 L).
2. Where the attachment to the vehicle is by
means of bolts only, at least four bolts of min-
imum Grade 5 shall be used, having a diame-
ter of,
(i) 3/8 inch (10 mm) for a container with a
capacity not exceeding 26 USWG (100
L), and
(ii) 0.5 inch (13 mm) for a container with a
capacity exceeding 26 USWG (100 L).
3. Where a bolt passes through sheet-metal parts
of a vehicle, a steel reinforcing back-up plate
having an area of at least 6 square inches and
0.1 inch (2.5 mm) thick shall be provided for
each bolt.
4. Sheet metal screws shall not be used as
attaching components.
5. All bolts, straps and brackets used for tank
support or suspension shall be coated or
treated with an anti-corrosion material.
16.5 Tank and Equipment Protection.
16.5.1 A tank mounted on a vehicle shall be located so as to
minimize the possibility of damage.
16.5.2 A tank that is located at the rear of a truck or bus
and is protected by a substantial bumper shall be
deemed to conform with clause 16.5.1.
16.5.3 A tank that is mounted within eight inches (200 mm)
of the engine or the exhaust system shall be shielded
against heat radiation by means of a metal shield
located at least one inch (25 mm) from the tank. The
metal heat shield shall not be attached to the exhaust
system.
16.5.4 A tank or any portion of a tank located outside a
vehicle shall be installed with as much road clearance
as practicable but at least the minimum road clear-
ance of the vehicle when loaded to its gross vehicle
weight rating. This minimum clearance shall be mea-
sured from the bottom of the tank or from the lowest
fitting on the tank or housing, whichever is lower
and, unless otherwise acceptable to the Director,
shall be at least,
(a) when the tank is installed between the vehicle
axles,
(i) 7 inches (175 mm) on vehicles having a
wheel base of 127 inches (3225 mm) or
less, and
(ii) 9 inches (225 mm) on vehicles having a
wheel base in excess of 127 inches (3225
mm);
(b) when a tank is installed behind the rear axle.
eight inches (200 mm) and the tank shall be
installed above a plane that contacts the bot-
tom of the rear tires and the lowest most rear-
ward part of the vehicle.
16.5.5 A tank located on the outside of a vehicle shall not
project beyond the sides of the vehicle, and no por-
tion of the tank shall project above the highest point
of the vehicle or ahead of the front axle.
16.5.6 The main shut-off valve on a tank installed on a vehi-
cle shall be accessible.
16.5.7 All valves and connections on a tank installed on a
vehicle shall be protected to prevent damage due to
accidental contact with stationary objects or with
loose objects thrown up from the road.
16.6 A Tank Located Within or on a Vehicle.
16.6.2 The relief valve of a tank located within a vehicle
shall terminate outside the vehicle and shall comply
with section 16.7.
16.6.3 A tank located within a vehicle or a tank located
beneath a vehicle in a location that would require a
person to lie on the ground in order to connect the
fill connection shall be equipped with filling and
gauging fittings located away from the tank that are
permanently mounted, protected from physical dam-
age in accordance with clause 16.6.4 and the filling
and gauging fittings enclosure shall be vented to the
outside of the vehicle.
16.6.4 Filling and gauging fittings located away from the
tank shall be protected from physical damage by,
(a) being located in a metal enclosure that is per-
manently mounted to the vehicle; or
(b) being located so that the rear bumper or some
other part of the vehicle will provide protec-
tion.
16.6.5 A filling and gauging fittings enclosure shall be per-
manently sealed to prevent entry of propane through
or around the remote fill enclosure or through or
around the gauging and filling connections to the
interior vehicle space during fuelling and gauging
operations.
16.6.6 The sealant or gasket used for the purposes of clause
16.6.5 shall be,
(a) non-shrinking;
(b) non-swelling, unless clamped between metal
parts;
(c) resistant to propane, road salt and vehicle
vibration; and
(d) suitable for use from -40° Celsius to 35° Cel-
sius.
16.6.7 A tank manufactured after the 31st day of Decem-
ber, 1984 when located within a vehicle, shall,
(a) be provided with a substantial metal, gas-tight
box that will completely enclose and seal off
the tank and all equipment connections to it
from the interior of the vehicle; or
(b) be provided with a gas-tight assembly that
encloses all equipment inlets and outlets
532
Reg./Règl. 333
HYDROCARBURES
Reg./Règl. 333
installed on a tank from the interior of the
vehicle.
16.6.8 Where a tank is manufactured after the 31st day of
December, 1984 and is located within a vehicle, the
filling, gauging and supply lines of pipe, tube or hose
that are located in the passenger trunk or cargo
space of the vehicle shall,
(a) be enclosed in one or more conduits; and
(b) be installed in a manner to ensure that any
leakage of propane will be vented outside the
vehicle.
16.6.9 The gas-tight box referred to in clause 16.6.7 (a) and
the gas-tight assembly referred to in clause
16.6.7 (b) shall be vented to the outside of the vehi-
cle with a vent line taken from the lowest point prac-
ticable of the box or assembly and,
(a) the vent line shall be of a material resistant to
propane;
(b) the vent opening shall be not less than one
inch (25 mm) in diameter; and
(c) both ends of the vent line shall be reliably
secured.
16.7 Discharge Lines From Tank Relief Valves and
Hydrostatic Relief Valves.
16.7.1 The discharge conduit outlet or the outlet from a
relief valve shall,
(a) be directed to the outside of any completely
enclosed space;
(b) be directed as far as practicable from possible
sources of ignition;
(c) be located so as to prevent impingement of
propane upon any tank including the tank
bracket or any portion of the vehicle;
(d) be directed downward at an angle not less
than fifteen degrees from the horizontal; and
(e) have a rain cap or other protection.
16.7.2 Where a discharge conduit is required from a relief
valve, it shall be connected by means of a pipeaway
adapter and required fittings, sized and located so as
not to interfere with the required flow of propane
from the relief valve.
16.7.3 The discharge conduit from a relief valve shall be,
(a) of some metal other than aluminum or of flex-
ible metal reinforced hose;
(b) secured at or near its termination to prevent
its displacement; and
(c) sized to accommodate the relief valve dis-
charge at full rate of flow and the resistance to
flow of the discharge conduit.
16.8 Piping and Tubing Systems, Hose and Fittings.
16.8.1 Piping.
16.8.1.1 Piping shall be black or galvanized steel complying
with CSA Standard B63, "Welded and Seamless
Steel Pipe", or brass complying with ANSI Standard
H2-7.1, "Seamless Red Brass Pipe" (ASTM B43-
80).
16.8. 1 .2 Fittings used with steel pipe shall be of steel.
16.8.1.3 Propane vapour phase piping with operating pres-
sures not exceeding 125 psig (860 kPa) shall be at
least Schedule 40. Vapour phase piping with operat-
ing pressures over 125 psig (860 kPa) and all liquid
piping shall be at least Schedule 80.
16.8.2 Tubing
16.8.2.1 Tubing shall be seamless steel, complying with
ASTM Specification A539-79 "Electric-Resistance
Welded Coiled Steel Tubing for Gas and Oil Lines",
having a minimum wall thickness of 0.049 inches
(1.25 mm) or shall have an equivalent strength and
conform to SAE J527 "Brazed Double Wall Low
Carbon Steel Tubing".
16.8.2.2 Tubing fittings shall be steel or brass and rated for a
working pressure of at least 125 psig (860 kPa) for
operating pressures of 125 psig (860 kPa) or less. For
higher operating pressures, tubing and fittings shall
be rated for a minimum of 250 psig (1725 kPa).
16.8.3 Hose.
16.8.3.1 Where a hose is used as the supply line from the tank
to the vapourizer, the remote fill line, or the remote
gauging line, the hose shall,
(a) have a working pressure of not less than 350
psig;
(b) be of the stainless steel wire reinforced type;
and
(c) meet the requirements of Standard CANl-8. 1
"Elastomeric Hose & Hose Couplings for
Conducting Propane and Natural Gas" for
Type III hose or Type II hose that complies
with permeation requirements of Type III
hose.
16.8.3.2 Where a hose is used as set out in clause 16.8.3.1,
(a) only compatible hose and hose couplings shall
be used and the hose assembly shall be pres-
sure tested at 350 psig;
(b) the hose shall not be in contact with electrical
wires;
(c) a permanent tag shall be attached to the hose
showing the year and month of test date; and
(d) on or after the 1st day of September, 1984
only certified hose assemblies shall be
installed.
16.8.3.3 Where hose is used as a supply line it shall be located
not less than three inches (75 mm) from the exhaust
system including the exhaust manifold or shall be
shielded against heat radiation by means of a metal
shield located at least one inch (25 mm) from the
hose.
16.8.3.4 A hose of the thermoplastic type that is tested by a
designated testing organization as complying with,
(a) Standard CANl-8.3 "Thermoplastic Hose
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Reg./Règl. 333
ENERGY
Reg./Règl. 333
and Hose Couplings for Conducting Propane
and Natural Gas"; and
(b) the requirements contained in Standard
CANl-8.1 "Elastomeric Hose and Hose Cou-
plings for Conducting Propane and Natural
Gas" for Type III hose or Type II hose that
complies with permeation requirements of
Type III hose,
may be used as set out in clause 16.8.3.1.
16.8.3.5 Hose used for vapour service of five psig (35 kPa) or
less shall be constructed of a material such as neo-
prene that is resistant to the action of propane.
16.8.4 Size
16.8.4.1 Liquid propane piping, tubing or hose shall have a
greater flow capacity than the rating of the excess
flow valve in the tank.
16.8.5 Piping, Tubing and Hose Practices
16.8.5.1 Piping and fittings shall be clear and free from cut-
ting or threading burrs, scale and defects.
16.8.5.2 The ends of all piping shall be reamed.
16.8.5.3 All propane piping, tubing and hose shall be sup-
ported by galvanized or similarly protected metal
straps, hangers or nylon ties at intervals of not more
than two feet (600 mm) except where support is pro-
vided by the vehicle structure.
16.8.5.4 Except where a back check valve is built into a shut-
off valve to permit excess pressure to bleed back into
the tank, a hydrostatic relief valve shall be installed
between each pair of shut-off valves on a propane
liquid line. The start-to-discharge pressure setting of
such a hydrostatic relief valve shall be not less than
375 psig (2600 kPa), nor more than 500 psig (3500
kPa). The hydrostatic relief valve shall be located
outside the engine compartment unless vented to the
outside of the engine compartment directly or by
means of a conduit.
16.8.5.5 Where nylon ties are used to support piping, tubing
or hose, these ties shall be of the heavy duty, metal
reinforced type.
16.8.6 Joints and Connections.
16.8.6.1 Piping joints shall be threaded.
16.8.6.2 A piping or fitting thread shall be tapered and shall
comply with ANSI Standard B2.1 "Pipe Threads
(except Dryseal)"
16.8.6.3 Jointing material shall be of an approved type and
shall be applied to the male pipe threads only.
16.8.6.4 A joint in seamless tubing shall be made by means of
a flare joint or other approved fitting, or shall be
brazed with a material having a melting point
exceeding 1000"? (540°C).
16.8.6.5 A joint or connection shall not be located within a
box section, drive shaft tunnel or other inaccessible
location.
16.8.6.6 A bulkhead fitting passing through a partition, fire-
wall, frame or other such vehicle part shall,
(a) be made of steel or brass;
16.8.7
16.8.7.1
(b) include a wrench flat on the body of the fit-
ting;
(c) be attached by means of a fitting that includes
one clamping nut and lockwasher; and
(d) not be connected to a propane line fitting by
running threads.
Prohibited Practices.
Copper tubing shall not be used as a propane supply
line on any vehicle.
16.8.7.3
16.8.7.4
16.8.7.5
16.8.7.6
16.8.7.2 No bushing of any material other than steel or brass
shall be used. Nesting of bushings is prohibited.
A pipe fitting containing both left and right hand
threads shall not be used.
A bend in piping or tubing is prohibited where such
a bend either substantially reduces the cross-sec-
tional area or weakens the piping or tubing.
A close nipple shall not be used.
A quick-disconnect coupling shall not be substituted
for a manual shut-off valve.
16.8.7.7 The propane supply line for the engine of a tank
truck may be taken from the bulk tank of the vehicle
but such a supply line shall not be taken from a tank
mounted on a trailer or a cargo liner.
16.8.7.8 Where a vehicle is operated on propane only, the
gasoline fill connection shall be removed or perman-
ently plugged.
16.8.8 Protection of Piping, Tubing and Hose.
16.8.8.1 Piping or tubing exposed to corrosion or erosion
shall be protected by the application of coal tar,
epoxy or some equivalent coating or material.
16.8.8.2 Piping, tubing and hose shall be mounted, braced
and supported to accommodate vibration, and shall
be further protected against damage or breakage due
to strain or wear where necessary.
16.8.8.3 Tubing and hose within a luggage compartment shall
be,
(a) located so as to be protected from damage; or
(b) protected from damage by some other means.
16.8.9 Testing of Tanks, Piping, Tubing, Hose and Fittings.
16.8.9.1 The tank and the liquid supply line shall be pressure
tested using air or an inert gas (carbon dioxide,
nitrogen, or a mixture of these) and the tank, piping,
tubing or hose shall retain a test pressure, measured
with a pressure gauge, of not less than 140 psig (1000
kPa) for not less than ten minutes on the piping, tub-
ing or hose and not less than thirty minutes on the
tank without showing any drop in pressure.
16.8.9.2 The source of the test pressure shall be isolated
before readings are commenced. If a leak is indi-
cated by the test, the source of the leak shall be
located by the use of a liquid leak detector solution
or device.
16.8.9.3 Every fitting shall be checked with a liquid leak
534
Reg./Règl. 333
HYDROCARBURES
Reg./Règl. 333
detector solution or device after the equipment is
connected and activated.
16.8.9.4 After repair or replacement, all piping, tubing and
hose conducting propane in the liquid phase shall be
tested as set out in clauses 16.8.9.1, 16.8.9.2 and
16.8.9.3 using air or an inert gas (carbon dioxide,
nitrogen, or a mixture of these).
16.9 Vaporizers and Valves.
16.9.1 Every vaporizer, solenoid and filter-lock shall be of
sufficient size to provide the required flow of pro-
pane at the extremes of inlet pressures to which it
may be exposed.
16.9.2 A vaporizer shall be securely fastened to the engine,
chassis, fender apron or firewall of the vehicle.
16.9.3 Exhaust gas shall not pass through any vaporizer
unless the vaporizer has been approved for exhaust
gas utilization.
16.9.4
A vaporizer shall not be equipped with a fusible
plug.
16.9.5 Fuel lock-off valves (filter-lock) and vaporizers shall
be approved.
16.9.6 An atmospheric type regulator (zero governor) shall
be used only in an outdoor application such as a sta-
tionary engine operation.
16.9.7 A propane supply line to a vaporizer shall be equip-
ped with a lock-off valve that will prevent the flow of
propane to the carburetor when the ignition switch is
turned off or when the engine is not running. This
valve shall be located upstream of a primary regula-
tor or a vaporizer provided as part of the propane
conversion equipment, and shall be controlled elec-
trically or mechanically by,
(a) vacuum from the engine;
(b) oil pressure from the engine; or
(c) centrifugal action.
16.9.8 Where a vehicle engine may be operated on propane
or gasoline,
(a) the gasoline supply line shall be equipped
with a lock-off valve that is connected in such
a manner so as to prevent the flow of gasoline
to the carburetor when the engine is being
operated on propane; and
(b) the propane supply line shall be equipped
with a lock-off valve that is connected in such
a manner so as to prevent the flow of propane
to the carburetor when the engine is being
operated on gasoline.
16. 10 Carburetors and Carburetor Mixers.
16.10.1 Carburetors, carburetor mixers and adapters do not
require approval.
16.11 Combustion Air.
16.11.1 The source of combustion air for a propane-fuelled
engine shall be completely isolated from the ventilat-
ing air or air conditioning system of the vehicle.
16.12 Drain Valves and Plugs.
16.12.1 Any part of the propane carburetion equipment
using a drain valve or plug shall have the drain valve
or plug located in the lowest position.
16.13 Requirements for a Vehicle Label.
16.13.1 Where a vehicle is converted to run on propane fuel,
the contractors shall affix a permanent label of a
design acceptable to the Director, bearing the date
of conversion, the Contractor's Registration Num-
ber, the tank manufacturer, tank serial number and
tank month and year of manufacture to an easily
observable location on a door latch post of the vehi-
cle.
16.14 Filling.
16.14.1 A propane supplier shall ensure that the propane the
supplier transfers to any tank whose contents may be
used as motor fuel meets the requirements of CGSB
Specification Can 2-3.14M78 for Grade 1 Propane
intended for use as a motor fuel.
16.14.2 A tank shall be filled in accordance with clause
13.7.2.
16.14.3 A tank on a vehicle shall not be filled while the
engine or any appliance or other equipment that may
provide a source of ignition is operating in the vicin-
ity.
16.14.4 A container permanently mounted on an industrial
tractor or lift truck or any other vehicle shall be filled
outdoors, remote from a source of ignition, and the
engine shall be turned off during filling.
16.14.5 All removable containers shall be exchanged out-
doors or in areas well ventilated to the outdoors and
remote from any source of ignition.
16.15 Industrial Vehicles.
16.15.1 When an industrial tractor or lift truck is used
indoors the area shall be ventilated in accordance
with the requirements of the Occupational Health
and Safety Act.
16.15.2 It shall be the responsibility of the supplier of an
industrial tractor or lift truck to,
(a) inform the user of the ventilation requirement
of clause 16.15.1; and
(b) ensure that the tractor or lift truck is in safe
operating condition at the time of delivery to
the user.
16.15.3 The user shall remove from service any propane-
fuelled industrial tractor or lift truck having equip-
ment or a container that is damaged or malfunction-
ing.
16.16 Garaging Propane-Fuelled Vehicles Other Than
Propane Delivery Trucks.
16.16.1 A propane fuelled vehicle shall only be parked inside
a garage if there are no leaks in the propane system
and the tank is not filled beyond its maximum filling
density.
16.16.2 A propane-fuelled vehicle under repair or service in
a garage shall have the tank shut-off valve closed
except when propane is required for engine opera-
tion.
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Reg./Règl. 333
16.16.3 A propane-fuelled vehicle shall not be parked near a
source of heat, an open flame, a source of ignition or
an open pit or drain.
16.16.4 A propane fuelled vehicle may be parked over a pit
provided the pit is ventilated with a mechanical ven-
tilation system that complies with Class I, Division
II, Group D for hazardous locations under the Elec-
trical Safety Code made under the Power Corpora-
tion Act.
115. Section 16 is amended by adding the following subsection:
16.17 Repairs, Replacement, Servicing.
16.17.1 Before repairing or replacing any propane compo-
nent on a propane-fuelled motor vehicle, the tank
service valve shall be closed and the vehicle engine
operated until it stops, indicating that there is no fuel
in the supply line.
116. Subsection 16.10 is renumbered 16.18.
117. Clause 17.4.4 is revoked and the following substituted:
17.4.4 The propane supply line shall be firmly fastened
under the vehicle and outside and below any insula-
tion or false bottom, and the fastening shall prevent
abrasion or damage to the propane supply line
resulting from vibration and, where, the propane
line passes through structural members or the floor,
a rubber grommet or equivalent shall be installed to
prevent wear.
118. Clause 17.4. 15 is revoked and the following substituted:
17.4.15 Except for the final connection of piping, tubing or
hose to an appliance, there shall be no connections
in the piping and tubing within a vehicle and the pro-
pane supply line shall be installed so as to enter the
vehicle through the floor directly below or adjacent
to the appliance that it serves. Where a branch line is
required, the tee connection shall be in the main pro-
pane supply line, located under the floor and outside
the vehicle.
119. Clause 17.5.1 shall be read as follows:
17.5.1 Every heating appliance, water heater or refrigerator
installed in a recreational vehicle or mobile housing,
other than a canvas top tent trailer, shall be of the
direct vent appliance type or equivalent and shall be
installed to provide complete separation of the com-
bustion system from the atmosphere of the space
provided for living.
120. Appendix B is amended by revoking the title to Tables B-1
and B-1 (M) and substituting the following:
Capacity of Type B Vents.
121. Appendix B is further amended by revoking the title to
Tables B-2 and B-2 (M) and substituting the following:
Capacity of Single- Wall Vent Connectors
122. Appendix B is further amended by revoking Tables B-3,
B-3 (M), B-4, B-4 (M), B-5 and B-5 (M). O. Reg.
825/82, s. 2 (1); O. Reg. 295/83, s. 1; O. Reg. 522/84, s. 1;
O. Reg. 99/89, s. 1.
(2) Where there is a conflict between a provision of any standard,
specification, code or publication adopted by subsection (1) and any
provision of this Regulation, the provision of this Regulation pre-
vails.
(3) Any reference to the National Building Code in the Code
adopted in subsection (1) shall be deemed to be a reference to the
building code under the Building Code Act. O. Reg. 825/82,
s. 2 (2, 3).
3.— (1) Before construction of, alteration to or addition to a filling
plant or cylinder handling facility is begun, plans, drawn to scale,
shall be submitted to the Director in triplicate together with the com-
pleted application for a licence and the required fee, showing,
(a) the location of each storage tank, cylinder storage facility,
underground piping or tubing or other propane handling
facility within the filling plant or cylinder handling facility;
(b) the distance from each storage tank or cylinder storage
facility to,
(i) the property lines of the plant or facility,
(ii) each building located within the property lines of the
plant or facility,
(iii) each building located on adjacent property that is
within 400 feet (120 m) of the property lines of the
plant or facility;
(c) the location of any other flammable or combustible product
storage facility;
(d) the USWG capacity of each storage tank in the filling plant;
and
(e) evidence that the proposed plant or facility does not contra-
vene municipal by-laws. O. Reg. 522/84, s. 2.
(2) No person shall construct, alter or add to the storage or han-
dling facilities of a filling plant or cylinder handling facility until the
plans submitted under subsection (1) have been accepted by the
Director. O. Reg. 825/82, s. 3 (2).
4.— (1) No person shall knowingly supply propane to or use an
appliance, container or equipment where,
(a) the installation of the appliance, container or equipment
does not comply with this Regulation;
(b) the appliance has been tagged as unsafe;
(c) the appliance is used for a purpose other than that for which
it is designated;
(d) any device or attachment attached to the appliance or alter-
ation or deterioration of the appliance might in any way
impair the combustion within or impair the safe venting of
the appliance;
(e) the venting of the appliance or the supply of air for combus-
tion does not comply with this Regulation;
(f) the operation of the appliance raises the surface tempera-
ture of adjacent combustible material in excess of 194° F
(90°C); or
(g) the condition of the piping, tubing, container or hose does
not comply with this Regulation.
(2) The person responsible for the operation of an appliance or
work,
(a) shall ensure that the appliance or work is maintained in safe
operating condition; and
(b) shall not knowingly continue to use an appliance or work
where the appliance or work is damaged or defective until
536
Reg./Règl. 333
HYDROCARBURES
Reg./Règl. 333
ï
the appliance or work is repaired or replaced. O. Reg.
825/82, s. 4.
5.— (1) No person shall fill a tank installed for use as a perman-
ently-installed engine fuel tank on a vehicle with propane unless,
(a) the tank is equipped with a fixed liquid level gauge; and
(b) the fixed liquid level gauge remains open during the filling
operation.
(2) A person filling a tank described in subsection (1) with pro-
pane shall stop filling when liquid propane appears at the fixed liquid
level gauge outlet and shall ensure that the outlet is closed when the
filling operation is complete. O. Reg. 295/83, s. 2.
6.— (1) No person shall supply propane to the tank of a motor
vehicle bearing number plates issued under the Highway Traffic Act
unless a valid inspection sticker issued under section 11 of Regula-
tion 61 1 of Revised Regulations of Ontario, 1990 is affixed to the
vehicle. O. Reg. 838/84, s. 1.
(2) Except in an emergency, no person shall transfer propane to
the tank of a motor vehicle on a highway. O. Reg. 522/84, s. 3,
pan.
7. No person shall operate a propane fuelled motor vehicle unless
the tank service valve is fully open when the engine is operating on
propane fuel. O. Reg. 522/84, s. 3, pan.
8. The owner of a propane fuelled motor vehicle shall have the
hose referred to in clause 16.8.3.1 or 16.8.3.4 of the Code adopted in
subsection 2(1) replaced at intervals not exceeding five years.
O. Reg. 522/84, s. 3, pan.
9. Prior to the 1st day of January, 1986, the owner of a propane
fuelled motor vehicle equipped with a Type II hose that does not
have a nylon inner liner shall have the hose replaced with a Type III
hose or a Type II hose that complies with the permeation require-
ments of the Standard referred to in clause 16.8.3.1 of the code
adopted in subsection 2 (1) for a Type III hose. O. Reg. 522/84,
s. 3, part.
10.— (1) The Canadian Gas Association, the Canadian Standards
Association and the Underwriters' Laboratories of Canada are desig-
nated as organizations to test appliances, equipment, components
and accessories to approved standards and, where the appliances,
equipment, components or accessories conform to the standards, to
place their label thereon.
(2) The Underwriters' Laboratories Incorporated and Factory
Mutual System are designated as organizations to test equipment,
components and accessories to approved standards and, where the
equipment, components and accessories conform to the standards, to
place their label thereon.
(3) An appliance, component, accessory or equipment for which
there is no approved standard may be tested by a testing organization
designated under subsection (1), and the organization shall report its
findings to the Director and, where the report is accepted by the
Director, the label of the designated testing organization may be
placed on the appliance, component, accessory or equipment certify-
ing conformity with the report and shall constitute approval.
(4) Where an organization designated in subsection (1) tests an
appliance having components and accessories previously certified by
an organization not designated in subsection (1), the components
and accessories shall be investigated to ascertain whether they com-
ply with the applicable approved standards. O. Reg. 825/82, s. 5.
11.— (1) Subject to subsection (2), any person may apply to the
Director for a label in respect of the fuel features of an appliance
having an input not in excess of 50,000,000 Btuh (15,000 kW) that
does not bear the label of the Canadian Gas Association, the Cana-
dian Standards Association or the Underwriters' Laboratories of
Canada.
(2) Where an apphcation is made under subsection (1), and,
(a) the Director is of the opinion that it is not feasible for an
organization designated under subsection 10 (1) to test and
label the appliance; and
(b) an inspector inspects the appliance and finds that the fuel
features comply with approved standards,
the Director shall, subject to subsections (3) and (4), issue a label for
the fuel features of the appliance that the inspector shall affix to the
appliance.
(3) Where the inspector so requires, an applicant for a label shall
conduct, in the presence of the inspector, such tests as the inspector
considers necessary to determine that the fuel features of the appli-
ance comply with approved standards.
(4) The Director may authorize an organization designated under
subsection 10 (1),
(a) to perform the inspection described in clause (2) (b);
(b) to require the applicant for a label under subsection (1) to
conduct such tests as are considered necessary by the testing
organization to determine that the fuel features of the appli-
ance comply with approved standards; and
(c) where the fuel features of the appliance are found to com-
ply with approved standards, to place the label of the test-
ing organization on the appliance.
(5) The Director may refuse to issue a label to an applicant under
subsection (1) where an appliance. of substantially the same design
has been tested and labelled by an organization designated under
subsection 10 (1).
(6) An application under subsection (1) shall be on a form sup-
plied by the Director. O. Reg. 825/82, s. 6 (1-6).
(7) The fee payable for an inspection of the fuel features of an
appliance, for reviewing drawings or for observing a test to deter-
mine that the fuel features of the appliance conform to approved
standards is $100 for every hour or fraction thereof of the time spent
by an inspector and may include travel time and the reasonable
travel and living expenses of the inspector. O. Reg. 455/89, s. 1.
12. Where application is made under subsection 11 (1) in respect
of the fuel features of an appliance for which there is no approved
standard or to which an approved standard is only partially applica-
ble, an inspector may determine whether the fuel features of the
appliance comply with the applicable requirements of any appropri-
ate approved standard and this Regulation. O. Reg. 825/82, s. 7.
13.— (1) An appliance having an input in excess of 50,000,000
Btuh (15,000 kW) that complies with the fuel feature requirements
of Fuels Safety Branch publications "Safety Requirement No. 1" and
"Technical Bulletin No. 4" is exempt from section 10 of the Act.
(2) The owner of an appliance referred to in subsection (1) shall
submit to the propane distributor, before the appliance is activated,
(a) certification by a professional engineer that the appliance
and its installation comply with the requirements of the
publications identified in subsection (1) and with this Regu-
lation; and
(b) the name, address and telephone number of the person who
will activate the appliance.
(3) Manually operated industrial appliances with an Input not
exceeding 20,000 Btuh (6 kW), Bunsen burners, appliances directly
537
Rcu. Rcul.333
ENERGY
Rcg./Rcgl. 333
connected td containers having a propane capacity not greater than
200 grams hv weight, propane hand torches that are directly con-
nected to cylinders having a propane capacity not greater than five
pounds hy weight, stationary or porlalile propane-fuelled engines,
mobile asphalt or tar pots, and portable equipment used tor highway
construction and repair are exempt from section 10 of the Act.
(). Reg. >S25 S2, s. X (1-.1).
14.-' (1) The owner of a tank truck, cargo-liner, filling plant or
cylinder handling facility for which a licence is issued under this Reg-
ulation or the owner's authorized representative shall inspect the
vehicle, filling plant or cylinder handling facility, as the case may be,
at least once each year and shall,
(a) prepare and sign a report of each inspection on a form pro-
vided by the Director: and
(b) forward two copies of the completed inspection report to
the area inspector and retain one copy at the vehicle, plant
or facility inspected. <). Reg. S2.S S2. s. 9.
(2) The owner of an undergrounti piping or tubing system at a
filling plant shall keep records of the location of the piping or tubing.
{?') Where there is a change in the ownership of an underground
piping or tubing system at a filling plant, the previous owner shall
pros ide the new owner with the record of the location of the piping
or tubing. O. Reg. .>22'K4, s. 4.
15. — ( 1 ) An application for registration as a contractor under sec-
tion 13 of the Act shall be made to the Director. O. Reu. H2.S S2,
s. 10(1).
(2) The term of an initial registration and of a renewal thereof is
one year and the non-refundable fee, payable on application for reg-
istration or renewal, is SIOO. (). Reg. 4.S.'i,H9. s. 2.
(?i) When an applicant is registered as a contractor or an appli-
cant's registration is renewed, the Director shall issue to the appli-
cant evidence of registration or renewal showing the expiry date.
(4) A person seeking renewal of a registration after its expiry
date shall make a new application under subsection (1).
(5) A contractor shall display evidence of the contractor's regis-
tration in a conspicuous place in the contractor's business premises
and shall notify the Director forthwith of any change of the contrac-
tor's business address. O. Reg. S2.'i/82, s. 10 i?-.*!).
(h) Where an application is made for registration as a contractor
for the purpose of converting motor vehicles to lie filled by propane,
an application shall be made for each separate premises used as a
propane motor vehicle conversion centre.
(7) Registration as a propane motor vehicle conversion contrac-
tor is limited to the location specified in the evidence of registration.
O. Reg. 522/84, s. 5.
16. — ( 1 ) An application for a certificate rec|uired under subsection
14(1) of the Act shall be made to the Director. O. Reg. 825/82,
s. II (1).
(2) A certificate issued under this section shall be designated as a,
(a) SI, S2. S?, S4, S,s, S.^K, Sd. S6A or S6B fitter certificate;
(b) Tl transport certificate; or
(c) PI. P2, P3 or P4 plant operator certificate,
as the case may be. O. Reg. 825/82, s. 1 1 (2); O. Reg. 522/84,
s. 6(1).
(\) The non-refundable fee, payable on application for an initial
certificate issued under this section or for a renewal thereof, is S40.
(). Reg. 455 89, s. ?>.pan.
(4) A certificate issued under this section expires on the second
birthday of the holder next following the issuance of the certificate
and any subsequent renewal shall be for a period of two years expir-
ing on the birthday of the holder.
(5) An applicant for a certificate or renewal under this section
shall satisfy the Director as to his or her knowledge and competence
with respect to the subject matter of the type of certificate applied
lor, and the Director may, in his or her discretion, require an appli-
cant to take an examination for the purpose. (). Reg. 825'82,
s. 11 (4,5).
(6) In addition to the requirements of subsection (5), an applicant
for an SfiA certificate shall satisfy the Director that he or she is the
holder of a valid certificate of qualification as a motor vehicle
mechanic, heavy duty equipment mechanic, fuel and electrical sys-
tems mechanic or a farm equipment mechanic issued under the
I'ladcs Qiialifualion Act.
(7) In addition to the requirements of subsection (5), an applicant
for an S6B certificate shall satisfy the Director that he or she is the
holder of an S6A certificate and a valid certificate of qualification as
a motor vehicle mechanic or a heavy duty equipment mechanic
issued imder the Trades Qualificiilion Act and the application shall
include evidence of the successful completion at a college of applied
arts and technology of a course acceptable to the Director in propane
tuelled vehicle ins^pection. O. Reg. 522/84, s. ft (2).
(8) If an applicant does not pass an examination required by the
Director under subsection (5), he or she may not make another
application until a period of at least thirty days has elapsed from the
date of the examination. O. Reg. 455/89, s. 3. part.
(9) A person seeking renewal of a certificate after the expiry date
may, in the Director's discretion, be required to make a new applica-
tion imder subsection (1).
( 10) The holder of a certificate shall notify the Director forthwith
of any change of the holder's address. O. Reg. 825/82, s. 1 1 (7, 8).
17. If a person holds more than one valid certificate issued under
section 1 1, the person shall make a single application for renewal of
all the certificates and pay an application fee of $40 and, upon
renewal, the Director shall issue a single certificate, appropriately
endorsed. O. Reg. 455/89, s. 4.
18. — (1) A person who,
(a) installs an appliance or works on an installed appliance in
his or her own single-family detached dwelling;
(b) installs or services a portable appliance for his or her own
use; or
(c) transfers propane from one container to another at the
place of business of the person or his or her employer for
the use of the person or his or her employer,
is exempt from section 14 of the Act. (). Reg. 825 82, s. 1,^.
(2) A person whose business includes the installation of replace-
ment parts on or the removal or repair of a vehicle propane fuel sys-
tem but whose business does not include the conversion of vehicles
to be fuelled by propane and who is licensed as a propane motor
vehicle inspection station under section 91 of the Hii;hniiy Traffic
Act is exempt from section I.^ of the Act. (). Reg. 522 84, s. 7.
19. The holder ol.
(a) an SI certificate mav install, alter, purge, activate, repair,
seiv'ice or remove an appliance of any HTflH input, con-
tainers, ei|uipnient. piping, tubing or hose and may pertorm
.53S
Reg./Règl. 333
HYDROCARBURES
Reg./Règl. 333
ï
the functions of the holder of an S2, S3, S4, S5, S6, Tl or PI
certificate;
(b) an S2 certificate may install, alter, purge, activate, repair,
service or remove an appliance having an input not in
excess of 400,000 BTUH, containers, equipment, piping,
tubing or hose therefor and may connect the propane sup-
ply piping, tubing or hose to an appliance having any input
and may perform the functions of the holder of an S3, S4,
S5K, Tl or P2 certificate;
(c) an S3 certificate may install, alter, purge, activate, repair,
service or remove an appliance having an input not in
excess of 150,000 BTUH, containers, equipment, piping,
tubing or hose therefor and may perform the functions of
the holder of an S4, Tl or P3 certificate;
(d) an S4 certificate may install, alter, purge, activate, repair,
service or remove an appliance to be used in mobile hous-
ing or recreational vehicles and the containers, equipment,
piping, tubing and hose therefor;
(e) an S5 certificate may install, alter, purge, activate, repair,
service or remove propane or natural gas construction heat-
ing appliances and may deliver, install, service or remove
containers, equipment, piping and tubing and hose there-
for, and may perform the functions of the holder of an S5K
certificate;
(f) an S5K certificate may install, alter, purge, activate, repair,
service or remove construction heating appliances having a
BTUH input not in excess of 400,000 and may deliver,
install or remove cylinders, equipment, piping, tubing and
hose therefor;
(g) an S6 certificate may install, alter, purge, activate, repair,
service or remove carburetion equipment for internal com-
bustion engines on industrial tractors and lift trucks and
may install, service or remove containers, equipment, pip-
ing, tubing and hose therefor;
(h) an S6A certificate may install, alter, purge, activate, repair,
service or remove carburetion equipment on highway vehi-
cles for internal combustion engines and may install, service
or remove containers, equipment, piping, tubing and hose
therefor, and may perform the functions of an S6 fitter; and
(i) an S6B certificate may perform the functions of the holder
of an S6A certificate and inspect propane carburetion
equipment for internal combustion engines on highway
vehicles in accordance with Regulation 611 of Revised Reg-
ulations of Ontario, 1990. O. Reg. 825/82, s. 14; O. Reg.
522/84, s. 8.
20. The holder of a Tank Truck Operator Tl certificate may
operate the propane handling equipment on a tank truck or cargo-
liner to transfer propane to or from a tank truck, cargo-liner or filling
plant and fill containers installed on the premises of consumers
O. Reg. 825/82, s. 15.
21. The holder of,
(a) a Plant Operator PI certificate may unload or load tank
cars, cargo-liners and tank trucks into or from a filling
plant, fill containers and maintain and operate the transfer
equipment in a filling plant;
(b) a Plant Operator P2 certificate may load or unload tank
trucks into or from a filling plant, fill containers and main-
tain and operate the transfer equipment in a filling plant;
(c) a Plant Operator P3 certificate may fill containers and
maintain and operate the transfer equipment in a filling
plant; and
(d) a Plant Operator P4 certificate may examine cylinders
employing the procedures described in the Compressed Gas
Association pamphlet C6 entitled "Standards for Visual
Inspection of Compressed-Gas Cylinders" as set out in the
CTC Regulation 73.34 (e) (10). O. Reg. 825/82, s. 16.
22.— (1) An application for a cylinder handling licence under sec-
tion 12 of the Act shall be made to the Director for each location of
the applicant,
(a) where the applicant,
(i) does not have a filling plant, or
(ii) only transfers propane from a container having a
water capacity not greater than 1,000 pounds to con-
sumers' cylinders; and
(b) where the applicant supplies consumers with propane in
cylinders. O. Reg. 825/82, s. 17 (1).
(2) The term of a licence or a renewal thereof issued under this
section is one year.
(3) The non-refundable fee, payable on application for a licence
or a renewal thereof, is $45. O. Reg. 455/89, s. 5.
(4) A cylinder handling licence or a renewal thereof, showing the
expiry date, shall be issued to an applicant where the location from
which the applicant supplies consumers with propane in cylinders
complies with this Regulation.
(5) A person seeking renewal of a licence after its expiry date
shall make a new application under subsection (1).
(6) A cyhnder handling licence, or a renewal thereof, shall be
prominently displayed at the location for which it is issued.
O. Reg. 825/82, s. 17 (3-5).
23.— (1) An application for a licence to operate a filling plant
under section 12 of the Act shall be made to the Director for each
filling plant operated by the applicant. O. Reg. 825/82, s. 18 (1).
(2) The term of a licence or a renewal thereof issued under this
section is one year.
(3) The non-refundable fee, payable on application for a licence
or renewal, is the greater of,
(a) 3 cents per U.S. gallon of the total water capacity of the
propane storage tanks at each filling plant location; and
(b) $45. O. Reg. 455/89, s. 6.
(4) A licence to operate a filling plant or a renewal thereof, show-
ing the expiry date, shall be issued to an applicant where the filling
plant from which the applicant supplies consumers complies with this
Regulation.
(5) A person seeking renewal of a licence after its expiry date
shall make a new application under subsection (1).
(6) A person who transfers propane only from containers having
a water capacity not greater than 1,000 pounds to consumers' cylin-
ders is not required to be the holder of a licence under this section.
(7) A person who operates a filling plant for the transfer of pro-
pane from one container to another solely for the person's own use is
exempt from section 12 of the Act.
(8) A filling plant licence or renewal thereof shall be prominently
displayed at the location for which it is issued. O. Ree. 825/82,
s. 18 (3-7).
24.— (1) An application for a licence to transport propane under
539
Reg./Règl. 333
ENERGY
Reg./Règl. 333
section 12 of the Act shall be made to the Director for each tank
truck or cargo-liner of the applicant. O. Reg. 825/82, s. 19 (1).
(2) The term of a licence or a renewal thereof issued under this
section is one year.
(3) The non-refundable fee, payable on application for a licence
or renewal, is $50 for each tank truck or cargo-liner. O. Reg.
455/89, s. 7.
(4) A licence to transport propane by tank truck or cargo-liner or
a renewal thereof, showing the expiry date, shall be issued to an
applicant where the tank truck or cargo-liner complies with this Reg-
ulation.
(5) A person seeking renewal of a licence after its expiry date
shall make a new application under subsection (1).
(6) A licence to transport propane, or a renewal thereof, shall be
carried in or on the vehicle for which it is issued.
(7) This section does not apply to a person who transports pro-
pane by a two-wheel or four-wheel tank trailer having a capacity of
2,000 U.S. water gallons or less. O. Reg. 825/82, s. 19 (3-6).
25. The fee payable for an inspection by an inspector upon appli-
cation for a licence under section 22, 23 or 24 is $100 per hour or part
thereof. O. Reg. 455/89, s. 8.
26.— (1) If a person's evidence of registration or renewal, certifi-
cate or licence is lost or destroyed, the Director shall, upon request
and payment of a fee of $10, issue a duplicate.
(2) If the name of the holder of a certificate is changed, the
Director shall, upon receipt of evidence of the name change and pay-
ment of a $10 fee, issue a certificate in the new name. O. Reg.
455/89, s. 9.
(3) No registration, certificate or licence is transferable.
O. Reg. 825/82, s. 20 (3).
540
Reg./Règl. 334
Reg./Règl. 334
Environmental Assessment Act
Loi sur les évaluations environnementales
REGULATION 334
GENERAL
1. In this Regulation,
"change in use", when used with respect to dam reconstruction,
means the addition of new uses or changing the highest level at
which water may be stored;
"dam reconstruction" means the reconstruction or rebuilding of a
dam that involves a change in use of the dam or reservoir from,
(a) the use being made immediately prior to the construction
taking place, or
(b) a use being made within the ten years immediately prior to
the reconstruction taking place where the construction
involves the repair of a dam which has been wholly or partly
inoperable due to damage;
"development corporation" means a corporation under the
Development Corporations Act;
"estimated cost" means the most current estimate prepared by an
engineer, architect, official, planner or construction contractor of
the cost of an undertaking which estimate has been submitted to
the council or other governing body of a municipality or a commit-
tee thereof and has been accepted by it as the basis upon which the
undertaking is to be proceeded with, but does not include any
costs for,
(a) the acquisition of land,
(b) feasibility studies and design carried out for the under-
taking,
(c) the operation of the undertaking, or
(d) a building, the construction of which is regulated by the
Building Code Act and the furnishings, equipment and
ancillary facilities and machinery provided in or for the
building,
and where an undertaking is being constructed in phases includes
the cost of all phases;
"exclusive right-of-way", when used in connection with a bus ser-
vice, means a roadway, including entrances and exits, constructed
for use by buses and upon which the public is not permitted to
drive motor vehicles but not including accesses to stations and
stops or turning, storage and service facilities not otherwise associ-
ated with such a right-of-way, nor a reserved bus lane on an exist-
ing road;
"fish and wildlife habitat management" means the creation,
improvement and maintenance of habitat in order to increase or
maintain the supply of food, cover and opportunities for reproduc-
tion for fish and wildlife populations, but does not include struc-
tural measures for which assessment is required under the provi-
sions of the class environmental assessment for water management
structures;
"hardship" means a situation where a person,
(a) needs to sell property quickly for health or financial reasons
or to settle an estate but is unable to do so at a fair market
value, or
(b) has been refused a building permit because an undertaking,
planned or proposed, has not received approval under the
Act;
"operating" includes maintaining and repairing and any activities for
operating, maintaining and repairing, and "operation" has a corre-
sponding meaning;
"start of construction" means,
(a) where contracts are to be awarded for carrying out part or
all of the construction involved in the undertaking, the date
on which the first such contract is awarded, and
(b) where no such contract is to be awarded, the date on which
construction starts. O. Reg. 205/87, s . 1.
2.— (1) An environmental assessment submitted to the Minister
shall contain, in addition to the information required under subsec-
tion 5 (3) of the Act,
(a) a brief summary of the environmental assessment organized
in accordance with the matters set out in subsection 5 (3) of
the Act;
(b) a list of studies and reports which are under the control of
the proponent and which were done in connection with the
undertaking or matters related to the undertaking;
(c) a list of studies and reports done in connection with the
undertaking or matters related to the undertaking of which
the proponent is aware and that are not under the control of
the proponent;
(d) where the environmental assessment is for an undertaking
with a fixed location, at least two unbound well marked and
legible maps about 210 millimetres in size by 297 millime-
tres in size showing the location of the undertaking and the
area to be affected by it.
(2) Of the maps referred to in clause (1) (d), one shall be a sim-
plified base map suitable for reproduction in any notices that may be
published and the other may include more detail such as a 1:10,000
scale Ontario Base Map.
(3) The maps referred to in clause (1) (d) may show alternative
proposals. O. Reg. 205/87, s. 2.
3. The following bodies are defined as public bodies:
1. Algonquin Forestry Authority.
2. Authorities within the meaning of the Conservation Author-
ities Act.
3. Colleges, universities and other bodies, except The Royal
Ontario Museum and municipalities, to which the Ontario
Universities Capital Aid Corporation Act would have
applied if it had not been repealed.
4. Development corporations.
5. Ontario Energy Commission.
541
Reg./Règl. 334
ENVIRONMENTAL ASSESSMENT
Reg./Règl. 334
6. Ontario Hydro.
7. Ontario Northland Transportation Commission.
8. Ontario Telephone Development Corporation.
9. Ontario Transportation Development Corporation.
10. Toronto Area Transit Operating Authority. O. Reg.
205/87, s. 3.
4.— (I) An undertaking, whether constructed or started before or
after the coming into force of the relevant provisions of the Act, for
the construction or start of which the approval of the Minister to pro-
ceed was not required is exempt with respect to its operation and
retirement from the provisions of subsection 5 (1) of the Act requir-
ing the proponent not to proceed with the undertaking and from sub-
section 6 (1) of the Act.
(2) A proponent of an undertaking of a type referred to in sub-
section (1) is exempt from section 38 of the Act with respect to the
requirement of submitting an environmental assessment to the Min-
ister with respect to the operation or retirement of the undertaking.
O. Reg. 205/87, s. 4.
5.— (1) This section does not apply to an undertaking of a body
listed in section 3 that may be found to be a local board as defined in
the Municipal Affairs Act or to be a board, commission or other local
authority exercising power in respect of municipal affairs.
(2) An undertaking by a municipality is exempt from subsection
5 (1) of the Act where,
(a) subject to subsection (3), it has an estimated cost of not
more than $3,500,000;
(b) it is an undertaking by a board within the meaning of the
Education Act;
(c) it is a drainage works regulated under the Drainage Act;
(d) it is a waste disposal site that,
(i) is a transfer station for domestic waste that uses por-
table containers,
(ii) is an organic soil conditioning site certified under the
Environmental Protection Act,
(iii) is a transfer station for processed organic waste
located at the sewage treatment works where it is
generated or at the organic soil conditioning site
where it is disposed of, or
(iv) is a site certified under section 31 of the
Environmental Protection Act for the disposal of
waste other than hauled liquid industrial waste or
hazardous waste as designated in regulations made
under subsection 176 (4) of the Environmental Pro-
tection Act;
(e) it is an undertaking of a type that, save that the proponent
is not Ontario Hydro, is described in Orders of the Minister
dated the 14th day of October, 1976 and published as num-
bers OHB-2, OHC-3 and OHD-4 in the issue of The
Ontario Gazette dated the 13th day of November, 1976;
(f) it is an undertaking that consists of the provision of munici-
pal non-profit housing facilities that may include ancillary
commercial and other uses within the housing project;
(g) it is an undertaking of a type that, save that the proponent
is not Ontario Hydro, is described in the Order of the Min-
ister dated the 14th day of October, 1976 and published as
number OHF-6 in the issue of The Ontario Gazette dated
the 13lh day of November, 1976 and it is proposed that its
construction and maintenance be carried out in accordance
with the standards that apply to such undertakings when
carried out by Ontario Hydro;
(h) subject to subsection (3), it is a work provided for in a sub-
division agreement between a municipality and a subdivi-
de r;
(i) it is a work other than a work of a type described in clause
(4) (a) that is provided for in a subdivision agreement
between a municipality and a subdivider for the manage-
ment of storm water that originates only from the subdivi-
sion or other adjacent land of the subdivider; or
(j) it is a transfer of land initiated by the owner of the land,
(i) in a hardship situation, or
(ii) as part of an arrangement whereby the municipality
is to provide a fence in return for a transfer of land.
O. Reg. 205/87, s. 5 (1,2).
(3) The exemptions provided by clauses (2) (a) and (h) do not
apply in respect of,
(a) an undertaking of a type referred to in clause (4) (a);
(b) a new bus service on an exclusive right-of-way or a new rail
transit system;
(c) a new station, terminal or marshalling yard for a rail transit
system;
(d) a waste disposal site with respect to which a hearing would
be required under section 30 of the Environmental Protec-
tion Act;
(e) an undertaking of a type that, save that the proponent is not
Ontario Hydro, is,
(i) described in Orders of the Minister dated the 14th
day of October, 1976 and published as numbers
OHE-5, OHG-7 and OHL-12 in the issue of The
Ontario Gazette dated the 13th day of November,
1976, and
(ii) except in the case of communication towers,
designed to operate at a voltage of 115 kilovolts or
more; or
(f) an undertaking of a type described in subsection (5).
O. Reg. 205/87, s. 5 (3); O. Reg. 72/88, s. 1 (1).
(4) An undertaking by any municipality, if it is an undertaking of
a type,
(a) approved under section 14 of the Act with respect to,
(i) the class environmental assessment for municipal
road projects with approval dated the 9th day of
April, 1987,
(ii) the class environmental assessment for sewage and
water projects with approval dated the 9th day of
April, 1987,
(iii) the class environmental assessment for water man-
agement structures with approval dated the 12th day
of December, 1985, or
(iv) the class environmental assessment for minor trans-
mission facilities for Ontario Hydro, with approval
dated the 6th day of March, 1986,
542
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EVALUATIONS ENVIRONNEMENTALES
Reg./Règl. 334
copies of which may be found in the public records main-
tained under section 30 of the Act; and
(b) that is being carried out in accordance with the procedure
set out in the relevant class environmental assessment and
approval and for which the procedure does not require a
further approval, and for which no other environmental
assessment has been submitted,
is exempt from subsection 5 (1) of the Act. O. Reg. 205/87,
s. 5 (4); O. Reg. 72/88, s. 1 (2); O. Reg. 521/90, s. 1.
(5) An undertaking by a municipality, for which an environmen-
tal assessment has not been submitted is exempt from the Act where
it is an undertaking of a type for which the Minister issued a Notice
of Approval dated the 2nd day of April, 1981 to the Toronto Area
Transit Operating Authority pursuant to Order-in-Council 930/81,
and construction of the undertaking is started on or before the day
on which a decision with respect to the environmental assessment for
Municipal Transit submitted to the Minister for approval on the 18th
day of January, 1984, is made or deemed to be made under subsec-
tion 14 (1) of the Act.
(6) Except as provided for in subsection (4), the obtaining of an
option to acquire land or an interest in land by a municipality or the
entering into an agreement to purchase land or an interest in land by
a municipality, where the acquisition or purchase is conditional on
compliance with the Act, is an undertaking that is exempt from sub-
section 5 ( 1 ) of the Act. O. Reg. 205/87, s. 5 (6, 7).
6.— (1) All undertakings and classes of undertakings by or on
behalf of Her Majesty in right of Ontario and carried out by,
(a) the Minister of Revenue;
(b) the Minister of Labour;
(c) the Minister of Correctional Services;
(d) the Attorney General;
(e) the Minister of Colleges and Universities;
(0 the Solicitor General;
(g) the Minister of Community and Social Services;
(h) the Minister of Consumer and Commercial Relations;
(i) the Minister of Education;
(i) the Minister of Health;
(k) the Minister of Agriculture and Food;
(I) the Minister of Municipal Affairs; and
(m) the Minister of Housing,
are exempt from subsection 5 (1) of the Act.
(2) All undertakings and classes of undertakings by or on behalf
of Her Majesty in right of Ontario and carried out by an agent of Her
Majesty in right of Ontario who is not,
(a) a Minister of the Crown;
(b) acting on behalf of a Minister of the Crown; or
(c) defined as a public body,
are exempt from subsection 5 (1) of the Act. O. Reg. 205/87, s. 6.
7. Despite section 6, an undertaking carried out by the Minister
of Government Services on behalf of or at the request of.
(a) a Minister of the Crown named in section 6;
(b) an agent of the Crown exempted by section 6,
that would be subject to the Act but for section 6 is not exempt from
the Act. O. Reg. 205/87, s. 7.
8.— (1) In this section,
"authority" means an authoiity within the meaning of the
Conservation Authorities Act;
"conservation services" means works carried out under an agree-
ment with a private landowner for the purpose of,
(a) creation of shelter belts and wind breaks,
(b) erosion control,
(c) soil conservation,
(d) water conservation, or
(e) water quality improvement,
where the estimated cost of the works including all related projects
does not exceed $20,000;
"cost" means the estimated total cost of the implementation of an
undertaking at the time of its approval under section 24 of the
Conservation Authorities Act by the Minister of Natural Resources
exclusive of any costs for the acquisition of land or for any feasibil-
ity studies and design carried out for the undertaking or the opera-
tion of the undertaking;
"floodproofing" means taking measures to protect a structure or its
contents from flood damage where the measures are carried out,
in, on or immediately adjacent to, the structure being protected,
but does not include constructing dykes, channels, retaining walls
and water reservoirs or impoundments or other structures, only
part of which forms part of, or is immediately adjacent to, the
structure being protected.
(2) An undertaking by an authority is exempt from subsection
5 ( 1 ) of the Act if the undertaking is solely for the purpose of,
(a) reforestation and woodlot management;
(b) restocking of indigenous wildlife;
(c) provision of conservation area workshops, administration
buildings, outdoor education and interpretive centres;
(d) conservation services;
(e) municipal tree replacement;
(f) agricultural land management of authority-owned lands;
(g) flood-proofing;
(h) fish and wildlife habitat management;
(i) development of conservation areas and campgrounds hav-
ing a cost of not over $ 1 ,000,000; or
(j) relocation or improvement of historical buildings,
or for the combination of any purposes set out in clauses (a) to (j).
(3) The acquisition of land or interests in land by an authority is
exempt from subsection 5 (1) of the Act. O. Reg. 205/87, s. 8.
9. The undertaking of making a loan, giving a grant, giving a
guarantee of debts or issuing or granting a licence, permit, approval.
543
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ENVIRONMENTAL ASSESSMENT
Reg./Règl. 335
permission or consent is exempt from subsection 5 (1) of the Act.
O. Reg. 205/87, s. 9.
10. Despite any provisions of this Regulation exempting any
undertaking from the provisions of the Act, where an environmental
assessment of an undertaking is submitted, all provisions of the Act
apply in respect of that undertaking. O. Reg. 205/87, s. 10.
11.— (1) In this section,
"research" includes measuring, monitoring and testing;
"research undertaking" means an undertaking that is carried out for
the purpose of or that consists of research.
(2) Research undertakings are exempt from subsection 5 (1) of
the Act. O. Reg. 205/87, s. 1 1 .
12.— (1) In this section, "PCB" means any monochlorinated or
polychlorinated biphenyl or any mixture of them or mixture that con-
tains one or more of them.
(2) The locating of a mobile PCB destruction facility on lands of
the Crown, a municipality or public body and the using of a mobile
PCB destruction facility to destroy PCB wastes of the Crown, a
municipality or public body are exempt from subsection 5 (1) of the
Act whether or not the establishment of the facility required an
approval under the Act. O. Reg. 205/87, s. 12.
13. Despite the repeal of Regulation 293 of Revised Regulations
of Ontario, 1980, any part of an undertaking for which an Environ-
mental Assessment has not been submitted and that was exempt
under clause 5 (5) (a) or 9 (2) (a) of that regulation on the 12th day
of April, 1987, remains exempt. O. Reg. 205/87, s. 13, revised.
REGULATION 335
RULES OF PRACTICE-ENVIRONMENTAL
ASSESSMENT BOARD
TABLE OF CONTENTS
Item Rule No.
Purpose
Definitions 1
I GENERAL
Application 2
Conflicts 3
Flexibility 4, 5
Enlarging or Abridging Time 6
Computation of Time 7
Muhiple Hearing Locations 8
Notice 9-13
Evidence of Service 14
Cost of Notice 15
Form and Content of Notice 16, 17
Board May Proceed 18
Preliminary Meeting 19
Preliminary Hearing 20
Filing of Documents 21
Obligations of Parties 22
Motions 23
Hearings in French 24
Other Languages 25
Postponements and Adjournments 26
Media Coverage 27
Record 28
Court Reporters and Record of Hearing 29
11 WITNESSES
Expert Witnesses 30, 31
Exclusion of Witness 32
Witness Statements 33, 34
Oath or Affirmation 35
Witness Panels 36
Summons 37
111 EVIDENCE
Studies and Reports 38
Site Visits 39
Interrogatories 40, 41
Production 42
Further Information 43
Copies of Documents 44
Certified Copies 45
Letters of Comment and Written Submissions 46
Order of Presentation 47, 48
rV ADDITIONAL PROVISIONS
Board Counsel 49
Argument and Submissions 50
Effect of Order 51
Reports and Decisions 52
Purpose
The intent of these Rules is to provide a fair, open and under-
standable process to enhance public participation and to assist the
Board in fulfilling its statutory mandate.
Defirtilions
1. In these Rules:
"Applicant" means a person who makes an application for a certifi-
cate of approval under the Environmental Protection Act, a munic-
ipality or person who makes an application for approval under the
Ontario Water Resources Act, and a proponent under the
Environmental Assessment Act;
"Board" includes a panel or individual member of the Environmen-
tal Assessment Board;
"document", in addition to written documentation, includes films,
tapes and other materials;
"hearing" is the proceeding before the Board for which a notice of
hearing or notice of preliminary hearing has been given;
"interrogatory" means a question posed in writing by one party to
another seeking clarification or explanation of material provided
by the party to whom the interrogatory is addressed;
"party" means the applicant, any person who has required a hearing
under the Environmental Assessment Act and any person or unin-
corporated group of persons specified by the Board as having an
interest in the proceedings;
"person" includes a natural person as defined in the definition of
"person" in section 1 of the Environmental Assessment Act, sub-
section 1 (1) of the Environmental Protection Act and subsection
29 (1) of the Interpretation Act;
"record" includes the application and supporting documents, orders,
transcripts, exhibits, correspondence and the Board's report or
decision;
"witness statement" means a summary statement prepared by a wit-
ness explaining the contents of the evidence to be presented to the
Board. O. Reg. 4/88, r. 1.
544
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EVALUATIONS ENVIRONNEMENTALES
Reg./Règl. 335
PART I-GENERAL
Application
2. These Rules apply to all proceedings of the Environmental
Assessment Board. O. Reg. 4/88, r. 2.
Conflicts
3. Where any Rule is in conflict with any Act of the Legislature or
any regulation issued pursuant to any Act of the Legislature, the pro-
visions of the relevant statute and regulations govern. O. Reg.
4/88, r. 3.
Flexibility
4. Where any matter arises during the course of any proceeding
that is not contemplated by these Rules, the Board may do whatever
is necessary and permitted by law to enable it to effectively and com-
pletely adjudicate on the matter before it. O. Reg. 4/88, r. 4.
5. If all statutory requirements are met, the Board may, in accor-
dance with the spirit of these Rules and the principles of justice, dis-
pense with compliance with all or part of any Rule at any time, and
may issue directions which shall govern the conduct of the proceed-
ings and prevail over any provision of these Rules that is inconsistent
with those directions. O. Reg. 4/88, r. 5.
Enlarging or Abridging Time
6.— (I) Where any time or time limitation is mentioned in these
Rules, the Board may, upon its own motion or upon application by a
party to the proceedings, extend or abridge the time prescribed on
such terms, if any, which the Board deems necessary.
(2) The Board's discretion under subrule (1) may be exercised
before or after the expiration of the time prescribed. O. Reg. 4/88,
r.6.
Computation of Time
7.— (1) In the computation of time under these Rules or a Board
Order, except where a contrary intention appears,
(a) where there is a reference to a number of days between two
events, they shall be counted by excluding the day on which
the first event happens and including the day on which the
second event happens, even if they are described as clear
days or the words "at least" are used;
(b) where a period of seven days or less is prescribed, holidays
shall not be counted;
(c) where the time for doing anything under these Rules
expires on a holiday, the act may be done on the next day
that is not a holiday; and
(d) service of a document, other than an application, made
after 4 p.m. or at any time on a holiday shall be deemed to
have been made on the next day that is not a holiday.
(2) Under these Rules, "holiday" means,
(a) any Saturday or Sunday;
(b) New Year's Day;
(c) Good Friday;
(d) Easter Monday;
(e) Victoria Day;
(f) Canada Day;
(g) Civic Holiday;
(h) Labour Day;
(i) Thanksgiving Day;
(j) Remembrance Day;
(k) Christmas Day;
(1) Boxing Day; and
(m) any special holiday proclaimed by the Governor General or
the Lieutenant Governor,
and where New Year's Day, Canada Day or Remembrance Day falls
on a Saturday or Sunday, the following Monday is a holiday; and
where Christmas Day falls on a Saturday or Sunday, the following
Monday and Tuesday are holidays; and where Christmas day falls on
a Friday, the following Monday is a holiday. O. Reg. 4/88, r. 7.
Multiple Hearing Locations
8.— (1) The Board may hold any hearing in a number of locations,
depending upon the nature of the undertaking.
(2) Where multiple locations are utilized for one hearing, the
Board may, in order to prevent undue repetition of evidence, advise
parties that official transcripts of evidence previously presented at a
different location will be considered part of the evidence at a subse-
quent location. O. Reg. 4/88, r. 8.
Notice
9.— (1) Those persons who are to receive notice of a hearing or
preliminary hearing shall include,
(a) those set out in the relevant statute;
(b) those determined by the Minister under the Environmental
Assessment Act; [see Environmental Assessment Act,
s. 12 (3)]
(c) those determined by the Director under the Environmental
Protection Act and the Ontario Water Resources Act; and
[see Environmental Protection Act, ss. 30 (2) and 32 (2);
Ontario Water Resources Act , ss. 54 (1) and 55 (1)]
(d) such additional persons as determined by the Board.
(2) For the following types of matters, those owners and tenants
shown on the last revised property assessment roll shall receive
notice of a preliminary hearing or hearing,
(a) for waste disposal sites, including incinerators, all owners
and tenants within 300 metres of the property boundary;
(b) for sewage lagoons, all owners and tenants within 230
metres of the property boundary;
(c) for sewage treatment plants, all owners and tenants within
120 metres of the property boundary;
(d) for sewer mains, all abutting owners and tenants;
(e) for utility and transportation route proposals, all owners
and tenants located within a distance of 120 metres from the
edge of a right-of-way; and
(f) such additional persons as the Board may direct. O. Reg.
4/88, r. 9.
10.— (1) Notice of all hearings held under the Environmental
Assessment Act shall be given at least thirty days before the hearing is
S45
Reg./Règl. 335
ENVIRONMENTAL ASSESSMENT
Reg./Règl. 335
to commence, unless otherwise directed by the Board, [see
Environmental Assessment Act, s. 12 (3)]
(2) Notice of all hearings held under the Environmental Protec-
tion Act shall be given at least thirty days before the hearing is to
commence, unless otherwise directed by the Board, [see
Environmental Protection Act, ss. 30 (2) and 32 (2)]
(3) Notice of all hearings held under the Ontario Water Resources
Act shall be given at least twenty-one days before the hearing is to
commence, unless otherwise directed by the Board, [see Ontario
Water Resources Act, ss. 54 (1) and 55 (1)] O. Reg. 4/88, r. 10.
11. Any notice required to be served by these Rules shall be
served in the following manner subject to such additional notice as
may be required by the Board:
1. By personal delivery or by registered mail to the person or
to the office of the solicitor acting for that person.
2. By publication, for an application under the Ontario Water
Resources Act on at least one (1) occasion in a newspaper
having general circulation in the locality of the proposal or,
for an application under the Environmental Protection Act,
once a week for three consecutive weeks in a newspaper
having general circulation in the locality of the proposal.
[see Environmental Protection Act, s. 30 (2)]
3. For any published notice given more than once, the notice
period shall be calculated from the first publication date.
O. Reg. 4/88, r. 11.
12. Any notice required to be given in respect of any matter
before the Board that is sent by registered mail addressed to the last
known address of the person to be served shall be considered as
being served on the seventh day after mailing unless evidence to the
contrary is submitted. O. Reg. 4/88, r. 12.
13.— (1) Where the Board is of the opinion that it is impracticable
to give notice to all or any of the persons individually, the Board
may, instead of doing so, cause or permit reasonable notice of a pre-
liminary hearing, hearing or motion to be given to such parties by
public advertisement or otherwise as the Board may direct.
(2) Subrule (1) does not apply to hearings under the
Environmental Protection Act and the Ontario Water Resources Act.
O. Reg. 4/88, r. 13.
Evidence of Service
14. Service of every notice given in respect of a matter before the
Board shall be evidenced by an affidavit, filed with the Board, set-
ting out when and how service was effected. O. Reg. 4/88, r. 14.
Cost of Notice
15. The cost of providing notice shall be borne by the applicant
unless the Board determines otherwise. O. Reg. 4/88, r. 15.
Form and Content of Notice
16. The Board shall,
(a) provide to the applicant directions for giving notice and
approve the form of notice prepared by the applicant; or
(b) prepare the notice itself following consultation with the
applicant. O. Reg. 4/88, r. 16.
17. A notice of a preliminary hearing or hearing shall be given in
both English and French and shall include:
1. A reference to the statutory authority under which the
hearing will be held.
2. A statement of the time, place and purpose of the prelimi-
nary hearing or hearing.
3. A short explanation of the proposal and its location includ-
ing, where practicable, a map or sketch.
4. A statement that if the person notified does not attend and
identify himself, herself or itself to the Board, the Board
may proceed in the absence of such person and such person
will not be entitled to any further notice of the preliminary
hearing or hearing. O. Reg. 4/88, r. 17.
Board May Proceed
18. Where notice of a preliminary hearing or hearing has been
given in accordance with these Rules and statutory requirements and
a person does not attend at the preliminary hearing or hearing, the
Board may proceed in that person's absence and that person is not
entitled to any further notice. O. Reg. 4/88, r. 18.
Preliminary Meeting
19.— (1) Notice for preliminary meetings shall be determined by
the Board in each case, however, in no event shall such notice be
given less than three days before the meeting.
(2) Preliminary meetings may be held by the Board to discuss
procedural matters. O. Reg. 4/88, r. 19.
Preliminary Hearing
20.— (1) A preliminary hearing, which constitutes part of the
hearing but at which evidence is not usually given, may be held for
the following purposes:
1. To identify parties.
2. To define the issues in dispute.
3. To arrange for the exchange among parties of all documents
relevant to the issues.
4. To consider the advantages of filing witness statements and
interrogatories and to establish a procedure for filing.
5. To identify witnesses and the nature of their evidence.
6. To estimate the length of the hearing.
7. To set a date and place for the commencement of the hear-
ing of evidence.
8. For any other purpose that the Board considers appropri-
ate.
(2) Issues raised at preliminary hearings may be determined by a
Board order. O. Reg. 4/88, r. 20.
Filing of Documents
21.— (1) Where a document is to be filed with the Board, the doc-
ument may be delivered personally or mailed to the Board's offices.
(2) The date of filing of any document with the Board is the date
on which the document arrives at the Board's offices or is provided
to the Board in the course of the hearing. O. Reg. 4/88, r. 21.
Obligations of Parties
22. The Board may, in its discretion, limit the procedural obliga-
tions such as full-time attendance and filing of witness statements
and interrogatories of some of the parties, depending upon the inter-
ests and resources of such parties. O. Reg. 4/88, r. 22.
546
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EVALUATIONS ENVIRONNEMENTALES
Reg./Règl. 335
Motions
23.— (1) Motions may be made by the applicant or any other per-
son prior to the commencement of the hearing and thereafter by any
party.
(2) A notice of motion shall be in writing except during the
course of a hearing when it would, unless the Board orders other-
wise, be made orally without written notice.
(3) Prior to notice of motion being served, an appointment shall
first be obtained from the Board for hearing the motion and direc-
tions obtained from the Board as to service.
(4) Unless otherwise directed by the Board, there shall be at least
two days between the service and filing with the Board of a notice of
motion and the date fixed for a hearing of the motion.
(5) A notice of motion shall be made returnable at a location
established by the Board.
(6) The notice of motion shall set out clearly the relief requested
and shall include all supporting materials together with an indication
of any oral evidence sought to be presented.
(7) The Board, in hearing a motion, may permit oral evidence in
addition to any affidavit or other supporting material accompanying
the notice of motion.
(8) Any affidavit material filed in response to a notice of motion
shall be served at least two days prior to the hearing of the motion.
O. Reg. 4/88, r. 23.
Hearings in French
24.— (1) The Board may conduct a preliminary hearing or a hear-
ing in the French language when a request is made,
(a) by a person seeking party status who speaks the French lan-
guage, at the time of the making of an application or the ini-
tiating of a motion; or
(b) by a party after the commencement of the hearing, if the
Board considers it necessary for the fair disposition of the
matter.
(2) Nothing herein shall preclude the presentation of submissions
or evidence in either the French or English languages.
(3) Where a hearing is to be conducted in the French language,
the notice of such hearing shall specify, in English and French, that
the hearing is to be so conducted and shall further specify that
English may also be used.
(4) Where a written submission or written evidence is provided in
either French or English, the Board may, upon request, order any
person or body presenting such written submission or written evi-
dence to provide it in the other language if the Board considers it
necessary for the fair disposition of the matter. O. Reg. 4/88, r. 24.
Other Languages
25.— (1) Where it is brought to the Board's attention that a party
would prefer to give evidence in another language and to have the
evidence of others interpreted into that other language, the Board
may provide such interpretation services at its own expense.
(2) Prior to a notice of hearing being given, the Board may deter-
mine that notice should be given in a language other than French or
English and may provide such notice at its own or the applicant's
expense. O. Reg. 4/88, r. 25.
Postponements and Adjournments
26.— (1) Where a notice of hearing has been issued, any request
for a postponement or adjournment prior to the commencement of
the hearing shall be made by motion.
(2) The Board may grant an adjournment during the course of
the hearing upon motion made orally and may add such terms and
conditions as the Board may deem appropriate. O. Reg. 4/88,
r. 26.
Media Coverage
27.— (1) Radio and television recording of Board proceedings
may be permitted at the discretion of the Board, subject to any terms
and conditions the Board may impose.
(2) Where permission is sought under subrule (1), a request
should be made to the presiding chair prior to the commencement of
the part of the hearing sought to be recorded.
(3) The presiding chair may disallow the videotaping or recording
of all or portions of the hearing if, in the opinion of the chair, such
coverage would inhibit specific witnesses or disrupt the process in
any way.
(4) In cases where videotaping or recording is allowed, the fol-
lowing guidelines shall be applied, unless the presiding chair orders
otherwise:
1. Only photographic and audio equipment which does not
produce distracting sound or light should be used.
2. When possible, audio pick-up should be from existing audio
systems present in the hearing facility.
3. Media personnel should not move about while the hearing
is in progress.
4. Photographic and audio equipment should be positioned
unobtrusively before the proceedings begin and should not
be moved while the hearing is in progress. O. Reg. 4/88,
r.27.
Record
28.
ings.
-(1) The Board shall maintain a record for each of its hear-
(2) One copy of the record shall be maintained and shall be avail-
able to any person during normal business hours at the Board's office
or at the hearing when it is in progress.
(3) A person may examine any document filed with the Board
and forming part of the public record and, upon payment of the
Board's fee, take copies of such document unless a statute, an order
of the court or an order of the Board provides otherwise.
(4) The Board may order that any document or part of any docu-
ment filed with an application or at a hearing be treated as confiden-
tial, be sealed and not be subject to public disclosure.
(5) Any order under subrule (4) shall be made only after all inter-
ested persons or parties have had an opportunity to make submis-
sions to the Board in respect of the confidentiality claim.
(6) Any order under subrule (4) shall be made only if required by
statute or if the Board is satisfied that the person making the claim
will be substantially harmed if the document is not treated as confi-
dential, and the reasons for such an order shall be provided.
(7) At any time after the hearing has been completed and any
appeal periods have expired, a party may request the return of exhib-
its filed by it and the Board may return the exhibits after they have
been microfilmed in accordance with Board procedures. O. Reg.
4/88, r. 28.
547
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ENVIRONMENTAL ASSESSMENT
Reg./Règl. 335
Court Reporters and Record of Hearing
29.— (1) The Board may require that a court reporter attend hear-
ings, preliminary meetings and motions of the Board.
(2) When witness statements are ordered, the dates and parties
upon which each party is to serve such witness statements and file
them with the Board shall be determined by the Board. O. Reg.
4/88, r. 33.
(2) The court reporter shall record all testimony and argument
given during motions, preliminary meetings and hearings.
(3) The Board shall ensure that one copy of the electronic record
or transcript is inserted as part of the hearing record, and any party
to the proceedings may order additional copies of the electronic
record or transcript.
(4) All copies of transcripts and all electronic records ordered by
parties to the proceedings shall be paid for by those parties unless
otherwise ordered by the Board. O. Reg. 4/88, r. 29.
PART II -WITNESSES
Expert Witnesses
30. On motion by a party or on its own initiative, the Board may
retain any person having technical or special knowledge to assist the
Board and to give evidence in respect of any matter before it. In such
cases, the following procedures shall govern:
1. Any such request shall be made by motion to the Board as
soon as practicable after the appointment of the hearing
panel or at a preliminary hearing if one is held, and other-
wise as soon as practicable after the need for such a witness
is recognized by the party.
2. The Board must be satisfied that the proposed witness will
be of assistance to the Board in understanding the issues
before it.
3. The Board shall decide who shall be appointed.
4. The Board shall retain the right to settle all terms of any
such appointment, including remuneration and the scope of
any inquiry, and may direct that such witness,
i. provide a written report of findings and conclusions,
ii. attend the hearing during presentation of evidence
by others expert in the same field, and
iii. explain and evaluate such evidence as required by
the Board.
5. Any witness retained by the Board shall testify orally and
be subject to cross-examination. O. Reg. 4/88, r. 30.
31.— (1) A witness having technical or special knowledge retained
by a party or the Board to give evidence shall provide a written cur-
riculum vitae of the witness' qualifications and experience.
(2) Any party may challenge the qualifications of a witness hav-
ing technical or special knowledge.
(3) The Board, in its discretion, will determine the weight to be
given each witness' testimony and the witness' qualifications and
experience will be a factor in determining the weight to be given such
testimony. O. Reg. 4/88, r. 31.
Exclusion of Witness
32. The Board may, upon motion, order a witness to be excluded
from the hearing until called to give evidence. O. Reg. 4/88, r. 32.
Witness Statements
33.— (1) The Board may, on its own motion or at the request of
any party, order that witness statements be exchanged among the
parties and filed with the Board.
34.— (1) Witness statements shall contain the following:
1. Name, business address and telephone number of the wit-
ness (and qualifications or curriculum vitae, if appropriate).
2. Whether or not the witness has an interest in the applica-
tion and, if so, the nature of the general or special interest.
3. Whether the evidence will be factual evidence or, if the wit-
ness is qualified, opinion evidence.
4. Whether the witness has some special skill which the wit-
ness possesses by reason of experience or study which quali-
fies the witness to give such evidence.
5. A full but concise statement of the evidence.
6. Reference to and identification of exhibits which are part of
the witness' evidence, including: supporting documents,
plans, reports, technical memoranda, etc. (a separate sheet
shall be attached to the statement listing the exhibits).
7. An acknowledgement that the witness intends to appear
before the Board and be subject to examination and cross-
examination.
8. The date of the statement.
(2) A formal report prepared by the witness for the purpose of
the hearing may be utilized as a witness statement, provided that the
required information is contained therein or supplied by way of
addendum. O. Reg. 4/88, r. 34.
Oath or Affirmation
35. Witnesses at a Board hearing shall be examined orally under
oath or after affirming that their evidence will be true. O. Reg.
4/88, r. 35.
Witness Panels
36.— (1) The Board shall permit evidence to be given by a number
of witnesses sitting as a panel, provided that the Board is satisfied
that in the particular case the tendering of evidence in this manner
will result in a full and fair hearing in the public interest.
(2) Questions addressed to a witness panel may be directed at
specific members or the panel in general.
(3) Where a question is directed to a specific member of a panel
and he or she asserts an inability to answer due to lack of knowledge
or qualifications, the Board may permit another member of the
panel to provide the answer. O. Reg. 4/88, r. 36.
Summons
37.— (1) The Board may require any person, including a party, by
summons,
(a) to give evidence on oath or affirmation at a hearing; and
(b) to produce in evidence at a hearing such documents or
other things as specified in the summons,
relevant to the subject matter of the hearing and not inadmissible in
evidence by reason of privilege or statutory prohibition.
(2) Upon the request of a party, the Board may issue a summons.
O. Reg. 4/88, r. 37(1,2).
S48
Reg./Règl. 335
ÉVALUATIONS ENVIRONNEMENTALES
Reg./Règl. 335
(3) Any summons issued shall be served personally on the person
summoned and that person shall be paid at the time of service the
same fees and allowances as are provided for the attendance of a wit-
ness summoned to attend before the Ontario Court (General
Division). O. Reg. 4/88, r. 37, revised.
PART III-EVIDENCE
Studies and Reports
38.— (1) Studies, reports and documents relating to the applica-
tion and in the possession, control or power of the applicant shall be
filed with the Board, at such time as the applicant has recieved notifi-
cation of the date set for the hearing of the application, and placed in
a local public library or other public repository as directed by the
Board and, if requested, copies of the material shall be given by the
applicant to persons or groups of persons who have indicated to the
applicant or the Board that they intend to be parties at the hearing.
(2) Unless otherwise directed by the Board, parties shall provide
any study, report or document to be relied upon by a witness and put
in evidence, to other parties and the Board as soon as it is available
and, in any event, at least five hearing days in advance of oral evi-
dence relating to the report. O. Reg. 4/88, r. 38.
Site Visits
39.— (1) The Board may make one or more site visits or property
inspections.
(4) Where answers to interrogatories are not submitted within
the time ordered or do not answer the questions of the party submit-
ting the interrogatories, a motion may be brought before the Board
in accordance with Rule 23. O. Reg. 4/88, r. 41.
Production
42.— (1) Any person prior to a hearing or, after the hearing has
begun, any party may give notice in writing to any person or party in
whose application, witness statement, answer to an interrogatory, or
report, reference has been made to a document, to produce that doc-
ument for inspection by the person giving the notice and to permit
the person giving the notice to make copies thereof. O. Reg. 4/88,
r.42(l).
(2) Any person or party who fails to comply with a notice given
pursuant to subrule (1) within ten days from its receipt is not entitled
to put the document referred to in the notice in evidence on that
party's behalf unless that party satisfies the Board that there is suffi-
cient cause for not complying with the notice. O. Reg. 4/88,
r. 42 (2).
Further Information
43. The Board may order any party to provide such further infor-
mation, particulars or documents as the Board considers necessary
for a full understanding of the issues. O. Reg. 4/88, r. 43.
Copies of Documents
(2) Where a site visit is made, the Board shall indicate on the
record the fact that it made the visit, the date and time and those
present. O. Reg. 4/88, r. 39.
44.— (1) Where the Board is satisfied with the authenticity of a
copy of a document or other material, it may be admitted as evidence
at a public hearing.
Interrogatories
40.— (1) The Board may order that interrogatories be exchanged
among the parties and filed with the Board.
(2) When interrogatories and answers to interrogatories are
ordered, the dates and parties upon which each party is to serve such
interrogatories and answers and file them with the Board shall be
determined by the Board. O. Reg. 4/88, r. 40.
41.— (1) Interrogatories shall contain a written request for infor-
mation directed from one party to another party, addressed to the
party, numbered consecutively for each item of information
requested, dated and served within the time limit directed by the
Board.
(2) Answers to interrogatories shall respond to the form and con-
tent of interrogatories and shall be served within the time limit and
upon the parties as ordered by the Board.
(3) A party who is unable or unwilling to provide a full and ade-
quate answer to an interrogatory shall,
(a) where the party contends that the interrogatory is not rele-
vant, provide a response that sets out reasons in support of
that contention;
(b) where the party contends that the information necessary to
provide an answer is not available or cannot with reason-
able effort be provided, provide a response that sets out the
reasons for the unavailability of such information and pro-
vide any alternative available information that the party
considers would be of assistance to the person directing the
interrogatory;
(c) where the party contends that the information sought is of a
confidential nature, provide a response that sets out the
reasons why it is considered confidential; or
(d) otherwise explain why such an answer cannot be given.
(2) Where a document has been filed in evidence at a hearing,
the Board may, or the person producing it or entitled to it may with
leave of the Board, cause the document to be photocopied and the
Board may authorize the photocopy to be filed in evidence in place
of the document filed and release the document filed. O. Reg.
4/88, r. 44.
Certified Coptes
45. Copies of official or public documents or documents purport-
ing to be certified under the hand of the proper officer, or the person
in whose custody such is placed, shall be documents receivable in evi-
dence by the Board as proof, in the absence of evidence to the con-
trary of the original without proof of the signature or official position
of the person appearing to have signed it. O. Reg. 4/88, r. 45.
Letters of Comment and Written Submissions
46.— (1) The Board prefers evidence to be given orally at the
hearing in order that the evidence given may be tested by cross-ex-
amination but, where notice of a hearing has been given, any person
who does not wish to intervene in respect of the application but who
wishes to make the person's views regarding the application known
to the Board may file with the Board a letter or written submission
commenting on the application, which describes the nature of the
person's interest in the application and states clearly the person's
views regarding the application, together with any relevant informa-
tion that may be useful in explaining or supporting those views.
O. Reg. 4/88, r. 46(1).
(2) A person who files a letter or written submission pursuant to
subrule (1) does not by that act alone become a party to the hearing.
(3) Before a letter, written submission or petition shall be admit-
ted, the Board shall make it available to all other parties to the hear-
ing and provide an opportunity for parties to comment on its admissi-
bility.
(4) For the purpose of allowing persons who are unable to attend
the hearing during the day to give their views on an application, the
549
Reg./Règl. 335
ENVIRONMENTAL ASSESSMENT
Reg./Règl. 335
Board may hold one or more evening sessions during the course of
the hearing. O. Reg. 4/88, r. 46 (2-4).
Order of Presentation
47. Evidence at a hearing shall be presented by parties as the
Board may direct and, in the absence of any such direction, in the
following order:
1. The applicant.
2. Those parties represented by counsel in support of the pro-
posal, beginning with federal and provincial government
agencies, then municipal corporations, intervenor groups
and individual parties.
3. Those parties not represented by counsel in support of the
proposal.
4. Those parties represented by counsel opposing the pro-
posal, beginning with federal and provincial government
agencies, then municipal corporations, intervenor groups
and individual parties.
5. Those parties not represented by counsel opposing the pro-
posal.
6. Those parties, such as regulatory bodies, that do not take a
position in support of or in opposition to the proposal.
7. The Board's witnesses, if any.
8. The applicant, in reply. O. Reg. 4/88, r. 47.
48. Parties shall examine, cross-examine and re-examine wit-
nesses as the Board may direct and, in the absence of any such direc-
tion, in the following order, but with the order rotating in accordance
with which party is presenting evidence:
1. The applicant.
2. Those parties represented by counsel in support of the pro-
posal.
3. Those parties not represented by counsel in support of the
proposal.
4. Those parties represented by counsel opposing the pro-
posal.
5. Those parties not represented by counsel opposing the pro-
posal.
6. Those parties, such as regulatory bodies, that do not take a
position in support of or in opposition to the proposal.
7. The Board's counsel, if any.
8. The applicant, in re-examination. O. Reg. 4/88, r. 48.
PART rV-ADDITIONAL PROVISIONS
Board Counsel
49. The Board may appoint and direct its own counsel to,
(a) advise the Board on matters of law and procedure and on
such other matters as the Board requests;
(b) conduct the examination-in-chief of Board-appointed wit-
nesses if the Board has retained such witnesses;
(c) cross-examine witnesses; and
(d) provide liaison with counsel acting on behalf of parties, and
parties that are unrepresented by counsel. O. Reg. 4/88,
r.49.
Argument and Submissions
50.— (1) The Board may order written argument to be submitted
by the parties in addition to or in lieu of oral argument.
(2) All parties shall be given an adequate opportunity to respond
to any written arguments or written submissions.
(3) In both written and oral argument, facts or quotations from
the oral evidence on which the argument is based are to be refer-
enced with the transcript volume and page number, if transcripts are
available and, if the fact or quotation is from documentation filed as
an exhibit, the exhibit number and page.
(4) Parties should, at the time of delivering argument, make
known to the Board any terms and conditions they would like the
Board to attach to any approval. Copies of draft terms and condi-
tions should be distributed to other parties before argument is
delivered. O. Reg. 4/88, r. 50.
Effect of Order
51. Any Board Order is effective from the date upon which it is
pronounced orally or upon which it is signed, whichever is earlier.
O. Reg.4/88, r. 51.
Reports and Decisions
52.— (1) After every hearing of the Board, a report or decision
shall be provided by the Board.
(2) The Board's report or decision shall include reasons for its
recommendations or decision.
(3) Where any Board member dissents in writing with a report of
the Board made under the Environmental Protection Act or the
Ontario Water Resources Act and, where any Board member who sat
on a hearing under the Environmental Assessment Act dissents, a
copy of the dissenting reasons shall be attached to the report or deci-
sion.
(4) The Board may issue its reasons for decision separate from its
decision.
(5) The release date will be indicated in every decision and
report.
(6) The Board's reports and decisions shall be sent to the Minis-
ter of the Environment and all parties to the hearing; all persons to
whom the Minister or the Director under the Environmental Protec-
tion Act and the Ontario Water Resources Act has requested notifica-
tion, and who have indicated that they wish to receive the report or
decision; all members of the public requesting such report or deci-
sion; such other persons as have made written submissions pursuant
to subsection 7 (2) of the Environmental Assessment Act; the clerk of
each municipality in which the undertaking is being or will be carried
out; all members of the public making a written submission to the
Board; and such other persons as may be determined by the Board.
O. Reg. 4/88, r. 52.
550
Reg./Règl. 336
Reg./Règl. 337
Environmental Protection Act
Loi sur la protection de l'environnement
REGULATION 336
AIR CONTAMINANTS FROM FERROUS
FOUNDRIES
1. In this Regulation,
"effluent gas stream" means the combination of gases and solids
being emitted from a process or operation;
"ferrous foundry" means the part of a building, or premises, or the
workshop, structure, room or place in which iron or any of its
alloys is cast in moulds or where core-making, shake-out or clean-
ing of any casting or other dust-causing or odour-causing operation
ancillary to the casting process is carried on;
"particulate" means solid particles;
"particulate collection efficiency" means the amount of the solid par-
ticles that is removed from the effluent gas stream, expressed as a
percentage of the total particulate in the uncontrolled effluent gas
stream on a weight basis;
"plus 25 micron fraction" means that part of the total particulate in
the effluent gas stream of which the nominal diameter is greater
than 25 microns. R.R.O. 1980, Reg. 295, s. 1.
2. This Regulation does not apply to,
(a) die casting; or
(b) any premises or part thereof where steel ingots are cast.
R.R.O. 1980, Reg. 295, s. 2.
3. All ferrous foundry operations shall be designed and operated
so as to have a minimum particulate collection efficiency of 97 per
cent of the plus 25 micron fraction. R.R.O. 1980, Reg. 295, s. 3.
4.— (1) Where a ferrous foundry has a cupola with a melting
capacity of not more than ten tons of iron an hour, the cupola shall
be designed and operated so as to have,
(a) a maximum emission of seventy-five pounds an hour of par-
ticulate and the remaining air contaminants shall be emitted
in such a manner as to comply with the requirements of sec-
tions 5 and 6 of Regulation 346 of Revised Regulations of
Ontario, 1990;
(b) afterburners working at all times during the operation of
the cupola;
(c) no water fallout beyond the limits of the land or premises
on or in which the ferrous foundry is located; and
(d) no impingement of a water plume beyond the limits of the
land or premises on or in which the ferrous foundry is
located.
(2) Where a ferrous foundry has a cupola with a melting capacity
greater than ten tons of iron an hour, the cupola shall be designed
and operated so as to have,
(a) a maximum emission of twenty-five pounds an hour of par-
ticulate and the remaining air contaminants shall be emitted
in such a manner as to comply with the requirements of sec-
tions 5 and 6 of Regulation 346 of Revised Regulations of
Ontario, 1990;
(b) afterburners working at all times during the operation of
the cupola;
(c) no water fallout beyond the limits of the land or premises
on or in which the ferrous foundry is located; and
(d) no impingement of a water plume beyond the limits of the
land or premises on or in which the ferrous foundry is
located.
(3) Where a ferrous foundry has an electric arc furnace, the elec-
tric arc furnace shall be designed and operated so as to have,
(a) a maximum emission of twenty-five pounds an hour of par-
ticulate and the remaining air contaminants shall be emitted
in such a manner as to comply with the requirements of sec-
tions 5 and 6 of Regulation 346 of Revised Regulations of
Ontario, 1990;
(b) no water fallout beyond the limits of the land or premises
on or in which the ferrous foundry is located; and
(c) no impingement of a water plume beyond the limits of the
land or premises on or in which the ferrous foundry is
located. R.R.O. 1980, Reg. 295, s. 4.
S. The owner or operator of each ferrous foundry shall submit a
written proposal to the Minister, showing in detail the method and
devices by which the owner or operator intends to meet the require-
ments of this Regulation. R.R.O. 1980, Reg. 295, s. 5.
REGULATION 337
AMBIENT AIR QUALITY CRITERIA
1. The desirable ambient air quality criteria for each contaminant set out in Column 1 of the Schedule is that amount of concentration or total
amount of contaminant set out opposite thereto in Column 3 of the Schedule in the unit of measurement set out opposite thereto in Column 2 of
the Schedule for the time set out opposite thereto in Column 4 of the Schedule. R.R.O. 1980, Reg. 296, s. 1.
551
Reg./Règl. 337
ENVIRONMENTAL PROTECTION
Reg./Règl. 337
Schedule
Item
Column 1
Column 2
Column 3
Column 4
Column 5
Name of
Contaminant
Unit of Measurement
Average Amount of
Concentration or
Total Amount of
Contaminant
Period
of Time
Approximate
Equivalent at
10°C and 760 mm
Hg pressure
1.
Arsenic
Micrograms of Arsenic per cubic metre of
air
25
24 hours
2.
Cadmium
Micrograms of cadmium per cubic metre
of air
2.0
24 hours
3.
Carbon
Monoxide
Parts of carbon monoxide per one million
parts of air by volume
30
13
1 hour
8 hours
36,200 ug/m3
15,700 ug/m^
4.
Dustfall
Tons of dustfall per square mile per month
20 Total
13
30 days
lyear
5.
Fluorides
(Gaseous)
April 15 to
October 15
Parts of fluorides per billion parts of air by
volume (Expressed as HF)
1.0
0.4
24 hours
30 days
0.86 ug/m^
0.34 ug/m^
6.
Total Fluorides
(Gaseous and
Particulate) April 15
to October 15
Parts of fluorides per one billion parts of
air by volume (Expressed as HF)
2.0
0.8
24 hours
30 days
1.72 ug/m'
0.69 ug/m3
7.
Total Fluorides
(Gaseous and
Particulate)
October 16 to
April 14
Parts of fluorides per one billion parts of
air by volume (Expressed as HF)
4.0
1.6
24 hours
30 days
3.44 ug/m'
1.38ug/m3
8.
Fluorides in Forage
for Consumption by
Livestock
Parts of total fluorides per one million
parts forage (dry weight)
35
Individual
Sample
9.
Fluoridation (total)
April 15 to
October 15
Micrograms of total fluorides collected by
100 sq. centimetres of limed filter paper
40
30 days
10.
Fluoridation (total)
October 16 to
April 14
Micrograms of total fluorides collected by
100 sq. centimetres of limed filter paper
80
30 days
11.
Hydrogen Sulphide
Parts of hydrogen sulphide per one million
parts of air by volume
0.02
1 hour
30 ug/m3
12.
Lead
Micrograms of lead per cubic metre of air
5.0
2.0 geometric mean
24 hours
30 days
13.
Mercaptans
Parts of mercaptans per one million parts
of air by volume (Expressed as methyl
mercaptan)
0.01
1 hour
20 ug/m3
14.
Mercury
Micrograms of mercury per cubic metre of
air
2.0
24 hours
15.
Nickel
Micrograms of Nickel per cubic metre of
air
2.0
24 hours
16.
Nitrogen Dioxide
Parts of nitrogen dioxide per one million
parts of air by volume
0.20
0.10
1 hour
24 hours
400 ug/m^
200 ug/m3
17.
Oxidants (total)
Parts of total oxidants per one million
parts of air by volume
0.10
I hour
18.
Ozone
Parts of ozone per one million parts of air
by volume
0.08
1 hour
165 ug/m^
552
Reg./Règl. 337
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 339
Item
Column 1
Column 2
Column 3
Column 4
Column 5
Name of
Contaminant
Unit of Measurement
Average Amount of
Concentration or
Total Amount of
Contaminant
Period
of Time
Approximate
Equivalent at
10°C and 760 mm
Hg pressure
19.
Soiling
Coefficient of Haze per 1,000 feet of air
1.0
0.5
24 hours
1 year
20.
Sulphation
Milligrams of sulphur trioxide per 100 sq.
cm of exposed lead peroxide per day
0.7
30 days
21.
Sulphur Dioxide
Parts of sulphur dioxide per one million
parts of air by volume
0.25
0.10
0.02
1 hour
24 hours
1 year
690 ug/m'
275 ug/m3
55 ug/m^
22.
Suspended
Particulate Matter
Micrograms of suspended particulate
matter per cubic metre of air
120
60 geometric mean
24 hours
1 year
23.
Vanadium
Micrograms of vanadium per cubic metre
of air
2.0
24 hours
R.R.O. 1980, Reg. 296, Sched.
REGULATION 338
BOILERS
1. In this Regulation,
"ASTM method" means the American Society for Testing Materials
standard method of test;
"boiler" means equipment used for the purpose of producing hot
water or steam;
"gas" means natural gas, manufactured gas, propane-air gas or any
mixture of any of them;
"standard methods of sampling and testing" means,
(a) in the case of fuel oil, ASTM method designated as D-129-
60, and
(b) in the case of coal, ASTM method designated as D3 177-75;
"sulphur content" means the average concentration of sulphur in a
fuel in any ninety day period as determined by standard methods
of sampling and testing. O. Reg. 16/86, s. 1.
2.— (1) This Regulation applies to every boiler that uses fuel oil or
coal as fuel and,
(a) is first put into operation after this Regulation comes into
force;
(b) undergoes physical modification so that the ability of the
boiler to use fuel is changed;
(c) is put into use after a period of more than twelve months of
disuse;
(d) an increase occurs in the sulphur content of the fuel used
therein; or
(e) that also uses purchased gas as a fuel where the gas pur-
chase arrangements are modified after this Regulation
comes into force so that increased permissible interruptions
in the gas supply or any other modifications increase the
potential maximum utilization of fuel oil or coal as fuel for
the boiler.
(2) This Regulation does not apply,
(a) to boilers at an electric generating station of Ontario
Hydro;
(b) to boilers used solely for the purpose of comfort heating in
dwellings housing not more than three families; or
(c) to boilers used solely for the purpose of comfort heating in
buildings using natural gas or No. 2 oil at a rate less than
1.58 million kilojoules per hour. O. Reg. 16/86, s. 2.
3.— (1) No person shall use, in a boiler to which this Regulation
applies, fuel oil or coal with a sulphur content in excess of 1 per cent.
(2) Subsection (1) does not apply to a person who has obtained
and complies with a certificate of approval under section 9 of the Act
for methods or devices that result in emissions to the natural environ-
ment of sulphur dioxide no greater than if the fuel has a sulphur con-
tent of 1 per cent.
(3) No person shall use, in a boiler to which this Regulation
applies, fuel oil or coal with a sulphur content that exceeds the sulp-
hur content that will provide a maximum rate of wet sulphate deposi-
tion from the boiler of 0.1 kilograms per hectare per year, in an area
set out in the Schedule, as predicted using the Ministry of the Envi-
ronment Statistical Long Range Transport Model for Air
Contaminants. O. Reg. 16/86, s. 3.
Schedule
That portion of Ontario, excluding the Counties of Grey and
Bruce, bounded on the south by latitude 44° 45' North, on the east
by longitude 76° 30' West and on the North by the latitude 50° 00'
North. O. Reg. 16/86, Sched.
REGULATION 339
CLASSES OF CONTAMINANTS-EXEMPTIONS
1. In this Regulation,
"highway" has the same meaning as in the Highway Traffic Act;
"road authority" means any person or persons having jurisdiction
and control over a highway. R.R.O. 1980, Reg. 298, s. 1.
553
Reg./Règl. 339
ENVIRONMENTAL PROTECTION
Reg./Règl. 340
2. Where any substance used on a highway by the Crown as rep-
resented by the Minister of Transportation or any road authority or
any agent or employee of any of them for the purpose of keeping the
highway safe for traffic under conditions of snow or ice or both is a
contaminant, it is classified and is exempt from the Act and the
regulations. R.R.O. 1980, Reg. 298, s. 2.
(a) distributes or intends to distribute the carbonated soft
drink,
(b) maintains separate warehousing or manufacturing facilities
from which the carbonated soft drink is or will be distrib-
uted in that area, and
REGULATION 340
CONTAINERS
1. In this Regulation,
"administrative region" means an administrative region of the Minis-
try as shown on a map produced by the Ministry, as revised
November, 1974, designated as Map 2001-4 and filed in the office
of the Assistant Deputy Minister of the Ministry, Regional Opera-
tions Division;
"auditor" means the person appointed by the Minister as the auditor
for purposes of this Regulation;
"brand of carbonated soft drink" means a carbonated soft drink or
carbonated soft drinks designated as a brand of carbonated soft
drink in a notice filed under subsection 3 (1) or by the Minister
under subsection 3 (8);
"brand owner" means a person who has filed a notice with the Minis-
try under subsection 3(1);
"brand user" means a person designated as such or who first acquires
ownership in Ontario of a carbonated soft drink that is not put in
its retail container in Ontario;
"capacity", when used with respect to a container for carbonated
soft drink, means the volume of carbonated soft drink the con-
tainer is represented to hold when carbonated soft drink is sold at
retail in the container;
"carbonated soft drink" includes unflavoured soda or seltzer water
and any carbonated beverage containing alcohol other than liquor
with respect to which a licence or permit is required under section
5 of the Liquor Licence Act;
"import sale" means the sale of a carbonated soft drink placed in the
container in which it is retailed in a country other than Canada or
the United States of America and of which less than 250,000 litres
are sold at retail in Ontario in every twelve month period ending
on the last day of each month;
"multi-material" means three or more materials, of which one is
used newspapers, that can be recycled;
"non alcoholic beer and wine" means a beverage that would be a
malt liquor within the meaning of the Food and Drug Regulations
made under the Food and Drugs Act (Canada) or wine within the
meaning of the said Regulations except that the beverage contains
less than the proportion of alcohol required under the said Regula-
tions;
"recycling advisory committee" means the advisory committee of
that name established by the Minister under the Act for the pur-
poses of this Regulation;
"recycling rate" means the rate at which non-refillable containers or
non-refillable containers of a particular type are being recycled;
'refillable container" means a container classified as a refillable con-
tainer under Regulation 357 of Revised Regulations of Ontario,
1990;
(c) normally maintains separate sales records,
or, where no such designation has been made, means an adminis-
trative region of the Ministry;
"spring water" means mineral or spring water within the meaning of
the Food and Drug Regulations made under the Food and Drugs
Act (Canada);
"steel can" means a metal can of which the sides and one end are
made of steel. O. Reg. 623/85, s. 1; O. Reg. 150/86, s. 1;
O. Reg. 236/87, s. 1.
2.— (1) Cylindrical metal cans are classified as metal can contain-
ers.
(2) Containers for carbonated soft drink that are not refillable
containers are classified as non-refillable containers.
(3) Non-refillable containers that as a type of container are recy-
cled and that as used containers are collected in widespread multi-
material recycling projects and for which there is a market in Ontario
are classified as recyclable containers. O. Reg. 623/85, s. 2.
3.— (1) Every brand owner of a carbonated soft drink who files a
notice with the Director designating a specified carbonated soft drink
as a brand of carbonated soft drink of which he, she or it is the brand
owner and meets the requirements set out in section 7 is classified.
(2) The notice referred to in subsection (1) may include reference
to carbonated soft drinks of more than one flavour or that are sold
under more than one name.
(3) In every notice filed under subsection (1), a person shall be
designated as a brand user with respect to each sales area. O. Reg.
623/85, s. 3(1-3).
(4) Every brand user is classified,
(a) who is not designated as a brand user and who files the
notice referred to in subsection (1) and meets the require-
ments set out in section 7; or
(b) who is designated under subsection (3) by a brand owner
who meets the requirements set out in section 7. O. Reg.
150/86, s. 2.
(5) Every person classified under subsection (1) or (4) who does
not stock, display, offer for sale or sell carbonated soft drinks in a
non-refillable container other than a recyclable container is exempt
from subsection 3 (1) of Regulation 357 of Revised Regulations of
Ontario, 1990.
(6) Section 3 of Regulation 357 of Revised Regulations of
Ontario, 1990 does not apply to prohibit the stocking, displaying,
offering for sale or selling of carbonated soft drinks in recyclable con-
tainers that were originally sold by a person classified under subsec-
tion (1) or (4).
(7) Any brand owner or, where there is no brand owner, brand
user for a brand of carbonated soft drink may designate sales areas.
(8) Any sales area designated may be redesignated by the
Minister.
"sales area" means an area of the province designated under subsec-
tion 3 (7) or (8) as the area in which a particular brand user.
(9) Any brand of carbonated soft drink designated may be re-
designated by the Minister. O. Reg. 623/85, s. 3 (5-9).
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Reg./Règl. 340
4.— (1) In this section, "small manufacturer" means a manufac-
turer of carbonated soft drink who manufactures less than 250,000
litres of carbonated soft drinks a year and has filed a notice under
subsection 3 (1).
(2) For the purpose of subsection (1), in determining the volume
of drink, all drinks of the same brand as manufactured by that manu-
facturer, whether actually manufactured by the manufacturer or not,
shall be included in the calculation.
(3) Subsection (2) does not apply to drinks exported out of
Ontario before their sale by retail or manufactured outside of
Ontario and not imported into Ontario.
(4) Containers for carbonated soft drink manufactured by a small
manufacturer are exempt from the application of section 3 of Regu-
lation 357 of Revised Regulations of Ontario, 1990 and sections 6 to
8 of this Regulation.
(5) Every small manufacturer filing a notice under subsection
3 (1) shall, in the notice, set out the quantity of carbonated soft drink
sold by the manufacturer.
(6) Every small manufacturer shall file, within twenty days after
each calendar quarter, a return with the Director showing the quan-
tity of carbonated soft drink manufactured by that manufacturer,
applying subsections (2) and (3), in the twelve months ending on the
last day of that quarter. O. Reg. 623/85, s. 4.
(7) Small manufacturers whose carbonated soft drinks are sold in
Ontario only by way of an import sale are exempt from subsections
(5) and (6) and the containers of carbonated soft drink of those man-
ufacturers are exempt from section 9. O. Reg. 236/87, s. 2.
5.— (1) Containers of non-alcoholic beer and wine and unflav-
oured spring water are exempt from the application of section 3 of
Regulation 357 of Revised Regulations of Ontario, 1990 and from
sections 6 to 9 of this Regulation. O. Reg. 623/85, s. 5 (1); O. Reg.
236/87, s. 3.
(2) The following containers for carbonated soft drinks are
exempt from the application of section 3 of Regulation 357 of
Revised Regulations of Ontario, 1990 and from sections 6 to 9 of this
Regulation:
1. Containers designed to contain other containers in which
carbonated soft drinks may be sold separately.
2. Containers not intended to contain carbonated soft drink
under pressure.
3. Containers,
i. designed to contain a product in bulk,
ii. intended to be used in connection with carbonated
soft drink dispensing machines,
iii. accepted for reuse as containers for carbonated soft
drinks by distributors, processors or manufacturers
of carbonated soft drinks, and
iv. not of a type customarily transferred to purchasers
by retail of the carbonated soft drinks contained
therein.
4.
Containers intended for use in the sale by retail of carbon-
ated soft drinks outside Ontario.
5. Refillable containers manufactured before the 1st day of
April, 1978.
6. Refillable containers with a capacity between 500 and 851
millilitres that are used for a brand of carbonated soft drink
that was not sold in non-refillable containers before the
29th day of November, 1985 and has not been sold in con-
tainers with a different capacity over 500 millilitres, other
than a single capacity, during 1984. O. Reg. 623/85,
s. 5 (2).
6.— (1) No person shall advertise or display a brand of carbonated
soft drink in a non-refillable container in an off-premises advertise-
ment unless it is also advertised or displayed in a refillable container
in the same off-premises advertisement.
(2) To meet the requirement of subsection (1), an advertisement
for a carbonated soft drink in a refillable container that is,
(a) a printed advertisement, shall occupy an area not less than
the area used to advertise the drink in a non-refillable con-
tainer; or
(b) not a printed advertisement, shall receive at least equal
time to the time allotted to advertising the drink in a non-
refillable container. O. Reg. 623/85, s. 7 (1, 2).
(3) Clause (2) (b) does not apply to a television advertisement
prepared for broadcast outside of Ontario but used in Ontario if the
advertisement is immediately followed by an announcement that the
drink is available in refillable containers. O. Reg. 236/87, s. 4.
(4) Subsection (1) does not apply to an advertisement or display
in conjunction with mobile industrial canteen sales or vending
machine sales.
(5) No person shall indicate in an off-premises advertisement the
price of a carbonated soft drink in a non-refillable container without
indicating in the same advertisement the price of the carbonated soft
drink in a refillable container.
(6) Every person indicating the price of a carbonated soft drink in
an off-premises advertisement shall indicate the price for 100 millili-
tres of the drink.
(7) The price referred to in subsection (6) shall not include any
amount on account of a deposit for a refillable container.
(8) Subsection (6) does not apply to prevent indicating the price
in a manner other than as set out in subsection (6) in the same adver-
tisement or indicating the amount of a deposit.
(9) Subsection (6) does not apply where the advertisement is for
carbonated soft drinks to be sold by way of on-premises sales, vend-
ing machine sales or mobile industrial canteen sales.
(10) In this section,
"mobile industrial canteen sales" means sales of carbonated soft
drinks in non-refillable containers other than glass bottles made,
(a) from,
(i) a commercial motor vehicle having no more than
two axles, other than a bus, or
(ii) a push-cart in a building,
(b) at the same time as other ready-to-eat food is offered for
sale from the vehicle or push-cart referred to in clause (a),
(c) at an industrial, commercial, construction or other similar
site,
(d) to persons who are employed at a site referred to in clause
(c), and
(e) intended for consumption at the site;
"on-premises sale" means the sale, offering for sale or display of a
555
Reg./Règl. 340
ENVIRONMENTAL PROTECTION
Reg./Règl. 341
beverage intended for consumption on the premises on which it is
sold;
"vending machine sales" means the sale of individual containers of
carbonated soft drink from a coin or token operated vending
machine. O. Reg. 623/85, s. 7 (3-9).
7.— (1) Every brand owner and every brand user filing a notice
under section 3 shall file with the auditor monthly returns indicating
all carbonated soft drinks for each brand that the owner or user is the
brand owner or brand user of and in what types and sizes of contain-
ers they are sold and indicating the per cent, on an annual basis, by
volume, of each brand of the carbonated soft drinks of which the
owner or user is the brand owner or brand user that is sold in each
sales area that he, she or it has in refillable containers.
(2) The per cent referred to in subsection (1) shall be at least
forty.
(3) The per cent is calculated on the basis of the twelve months
immediately preceding the return.
(4) No monthly return shall show a monthly sales volume in
refillable containers that is less than 30 per cent of the volume sold.
O. Reg. 623/85, s. 8 (1-4).
(5) The returns referred to in subsection (1) are due within thirty
days after each monthly period being reported. O. Reg. 623/85,
s. 8 (5); O. Reg. 236/87, s. 5.
(6) No brand user or brand owner shall sell carbonated soft drink
in recyclable containers to a person who resells carbonated soft
drinks or who transfers carbonated soft drinks between sales areas
other than as brand users of that carbonated soft drink without
obtaining verifiable distribution information from that person for
purposes of reporting retail distribution by sales area.
(7) No person who is not a brand owner or brand user shall stock,
display, offer for sale or sell carbonated soft drinks in recyclable con-
tainers unless that person provides the distribution information
referred to in subsection (6) to the last brand owner or brand user
who owned the carbonated soft drink within twenty days after that
person received the drinks. O. Reg. 623/85, s. 8 (6, 7).
8.— (1) The requirement in section 7 that 40 per cent of the vol-
ume of carbonated soft drinks be sold in refillable containers shall
vary in accordance with the Table so that when the recycling rate, as
determined by the recycling advisory committee, is at a recycling tar-
get set out in Column 1 of the Table for each administrative region,
the percentage of the carbonated soft drinks required to be sold in
refillable containers shall be that set out in Column 2 of the Table
opposite the determined recycling target and the 30 per cent require-
ment in section 7 shall be adjusted proportionately.
TABLE
Column 1
Column 2
Recycling Target
Minimum
Refillable
Sales
Less than 50 per cent, 9 out of the previous
12 months
50 per cent, 9 out of the previous
12 months
60 per cent, 9 out of the previous
12 months
40 per cent
35 per cent
30 per cent
(2) No person shall sell carbonated soft drinks in a non-refillable
container that contains a material that is recycled at a recycling rate
that is less than 50 per cent for each administrative region after,
where the material is first used for a non-refillable container under
this Regulation, the day falling eighteen months after the container is
first used.
(3) Despite subsection (2), carbonated soft drinks in recyclable
containers may be sold if the containers are subject to a deposit
charge.
(4) Where a deposit is charged in the sale of a carbonated soft
drink in a recyclable container, sections 4, 5, 6 and 7 of Regulation
357 of Revised Regulations of Ontario, 1990 apply as though the
recyclable container was a refillable container. O. Reg. 623/85,
s. 9.
9.— (1) Recyclable containers having clearly marked thereon
"RECYCLABLE" are classified.
(2) Recyclable containers not classified under subsection (1) are
classified.
(3) No person shall sell or offer for sale carbonated soft drink in a
container classified under subsection (2) where the container is man-
ufactured later than the 29th day of May, 1986. O. Reg. 623/85,
s. 10.
10. No person shall sell or offer for sale beer as defined in the
Liquor Licence Act or a carbonated soft drink in a cylindrical metal
can that has an opening device that is detachable in ordinary use.
O. Reg. 623/85, s. 11.
REGULATION 341
DEEP WELL DISPOSAL
Interpretation
1. In this Regulation,
"barrel" means 35 standard Canadian gallons as defined by the
Weights and Measures Act (Canada);
"deep well disposal" means the discharge of liquid waste into a geo-
logical formation by means of a well;
"Detroit River Group" means the geological formations generally
known as the Detroit River Group of formations of Devonian age;
"liquid industrial waste" means liquid waste that results from indus-
trial processes or manufacturing or commercial operations;
"lost circulation zone" means a zone within a geological formation
generally known by this name and into which wastes can be dis-
charged without positive injection pressure at the surface;
"oil field brine" means brine produced in association with oil and gas
drilling and production operations that are controlled under the
Petroleum Resources Act;
"surface facilities" means storage or treatment facilities provided at
the disposal site for liquid waste before discharge into the subsur-
face and includes piping, pumps, valves, tankage, instrumentation
and other equipment. R.R.O. 1980, Reg. 303, s. 1.
Designation and Exemption of Wastes
2. The following is designated a waste:
Oil field brine. R.R.O. 1980, Reg. 303, s. 2.
3. The following waste is exempt from the Act and this Regula-
tion:
Oil field brine. R.R.O. 1980, Reg. 303, s. 3.
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Reg./Règl. 342
Classification of Waste Disposal Site
4. The following is classified as a waste disposal site:
Deep well disposal site. R.R.O. 1980, Reg. 303, s. 4.
Standards for Deep Well Disposal Sites
5. The following are prescribed as standards for the location,
maintenance and operation of a deep well disposal site:
1. Access roads and on-site roads shall be provided so that
vehicles hauling liquid industrial wastes to and on the site,
or vehicles necessary for the proper operation and mainte-
nance of surface facilities provided at the site, may travel
readily on any day under all normal weather conditions.
2. Such surface facilities shall be provided at the site as in the
opinion of the Director are necessary for its proper opera-
tion.
3. Where liquid industrial waste is hauled by tank truck or
other container to the site, access to the site shall be limited
to such time as an attendant is on duty.
4. The site shall be enclosed to prevent entry by unauthorized
persons and access to the property shall be by roadway
closed by a gate capable of being locked.
5. Procedures shall be established, signs posted and safe-
guards maintained for the prevention of accidents or spills
at the site.
6. All wells to be used for deep well disposal shall conform to
the requirements of the Petroleum Resources Act and Regu-
lation 915 of Revised Regulations of Ontario, 1990.
7. Provision shall be made to contain spills resulting from the
operations within the site and effectively prevent the egress
of contaminants from the site.
8. A monitoring program shall be required at the site for the
protection of well water supplies.
9. Where conditions or findings obtained from the monitoring
program referred to in paragraph 8 indicate that further
investigation is necessary, observation wells shall be drilled
into the receiving formation or into overlying fresh water
horizons, and a further monitoring program established on
the basis of information available from these new wells.
10. Records for each month of operation shall be maintained by
the operator of the site showing,
i. the source, volume in barrels and chemical composi-
tion of all wastes received at the site,
ii. the treatment provided,
iii. the volume in barrels of wastes discharged into the
well,
iv. the minimum and maximum injection pressure and
annulus pressure and the average and maximum rate
of discharge, and
v. the results of monitoring programs.
11. On or before the 15th day of each month, the operator of
the site shall report to the Director the information con-
tained in the records referred to in paragraph 10 in respect
of the preceding month's operations.
12. On or before the 15th day of February in each year, the
operator of the site shall report to the Director a summary
of all the information contained in the records referred to in
paragraph 10 in respect of the preceding year's operations.
R.R.O. 1980, Reg. 303, s. 5.
Fees
6. The following are prescribed as the rates of the fees for the dis-
posal of wastes in a well that is a waste disposal site that shall be paid
into The Waste Well Disposal Security Fund:
1. For the cumulative total of brine dis-
posed of in the well,
up to and including 25 million barrels Vm per barrel
more than 25 million barrels and up to
and including 50 million barrels Vs<t per barrel
more than 50 million barrels and up to
and including 100 million barrels l/20c per barrel
more than 100 million barrels and up
to and including 200 million barrels... l/50e per barrel
more than 200 million barrels 1/lOOe per barrel
2. For the cumulative total of all waste
other than brine disposed of in the well,
up to and including 100 thousand
barre Is 20c per barre I
more than 100 thousand barrels and
up to and including 500 thousand
barrels lOc per barrel
more than 500 thousand barrels 5<t per barrel
R.R.O. 1980, Reg. 303, s. 6.
Location of Sites
7.— (1) Subject to subsection (2), no deep well disposal site shall
be located so as to allow any liquid industrial waste to be discharged
into the Detroit River Group.
(2) A deep well disposal site may be located so as to allow brine
to be discharged into a lost circulation zone in the Detroit River
Group, except into the lost circulation zone in the Detroit River
Group within five miles of the St. Clair River. R.R.O. 1980, Reg.
303, s. 7.
8. No person shall use, operate or establish a deep well disposal
site except,
(a) in accordance with the standards prescribed in section 5;
and
(b) at a location that is not prohibited under section 7.
O. Reg. 596/88, s. I.
REGULATION 342
DESIGNATION OF WASTE
1. In this Regulation, "site" means the site known as the Toronto
Harbour Commissioners Constructed Dredged Storage Enclosure
located on the south side of the Leslie Street spit in the City of
Toronto. R.R.O. 1980, Reg. 304, s. 1.
2. The contaminated sediments located in the Keating Channel
and in the lower Don River in the City of Toronto are designated as
557
Reg./Règl. 342
ENVIRONME^4TAL PROTECTION
Reg./Règl. 344
a waste for the purposes of the definition of "waste" in section 25 of
the Act. R.R.O. 1980, Reg. 304, s. 2.
3. The waste designated by section 2 is exempt from section 30 of
the Act so long as it is located at the locations referred to in section 2
or is being removed and transported to or stored at the site.
R.R.O. 1980, Reg. 304, s. 3.
4. The exemption provided by section 3 is subject to the condition
that the waste is not removed, transported to or stored at the site
except pursuant to a certificate of approval or provisional certificate
of approval issued under Part V of the Act for the use, operation,
establishment, alteration or enlargement of the site that prohibits the
disposal of waste at the site, except in accordance with an approval
issued under the Environmental Assessment Act. R.R.O. 1980, Reg.
304, s. 4;0. Reg. 652/81, s. 1.
(c) no means of removal of toilet waste is provided other than
the means mentioned in clause (b);
(d) equipment designed for the incineration and storage of
human excrement is supplied with such electrical current or
other source of heat as is necessary to reduce to ash all
excrement deposited therein; and
(e) all parts of the system for removal of toilet waste are con-
gruent with one another and the boat. R.R.O. 1980, Reg.
305, s. 4.
REGULATION 344
DISPOSABLE CONTAINERS FOR MILK
REGULATION 343
DISCHARGE OF SEWAGE FROM PLEASURE
BOATS
1. In this Regulation,
"pleasure boat" means a boat used primarily for the carriage of a
person or persons for pleasure, whether on charter or not, and
whether for compensation or not, and includes a boat used on
water for living purposes;
"sewage" means organic and inorganic waste, and includes fuel,
lubricants, litter, paper, plastics, glass, metal, containers, bottles,
crockery, rags, junk or similar refuse or garbage, and human
excrement, but does not include,
(a) liquid wastes, free of solids, from water used in a pleasure
boat for household purposes, or
(b) exhaust wastes, cooling water and bilge water from a plea-
sure boat;
"storage equipment" means equipment of a design and construction
suitable for the storage or the incineration and storage of human
excrement in a pleasure boat including such equipment that is an
integral part of a toilet;
'"toilet", in relation to a pleasure boat, means equipment designed or
used for defecation or urination by humans. R.R.O. 1980, Reg.
305, s. 1.
2. No person shall discharge or deposit, or cause or permit to be
discharged or deposited, into any water, sewage from a pleasure
boat. R.R.O. 1980, Reg. 305, s. 2.
3. The owner and the operator of every pleasure boat in which a
toilet is installed shall ensure that, while the boat is on water,
(a) the boat is equipped with storage equipment; and
(b) such toilet and storage equipment are installed so as to be
non-portable. R.R.O. 1980, Reg. 305, s. 3.
4. The owner of a pleasure boat in which a toilet or toilets and
storage equipment are installed shall ensure that each toilet and the
storage equipment are installed so that,
(a) the toilet and equipment are connected in such a manner
that the equipment receives all toilet waste from the toilet;
(b) equipment designed for the storage of human excrement is
provided with a deck fitting and such connecting piping as is
necessary for the removal of toilet waste by shore-based
pumping equipment;
1.— (1) In this Regulation,
tainer.
"disposable container" means a con-
(a) that is used to contain a product or products sold or
intended for sale and that will not be accepted for reuse as a
container and refilled with the same product or products by
a manufacturer, processor, distributor or retail vendor of
the product or products; or
(b) for which no deposit is or will be charged at the time of sale
of the product or products at retail and for which, as a used
container, no money or money's worth will be paid or given
by a manufacturer, processor, distributor or retail vendor of
the product or products sold or intended for sale in the
container. R.R.O. 1980, Reg. 306, s. 1.
(2) In this Regulation, "laminated container" means a container,
(a) that is customarily sold singly at retail;
(b) that, when sold at retail, contains a quantity of milk not
exceeding one litre and is labelled to indicate that the milk
has a shelf life exceeding four months from the date the
container was filled with milk; and
(c) that is made up of several layers of material fastened
together throughout its area. O. Reg. 532/85, s. 1.
2. Disposable containers, other than,
(a) plastic film pouches;
(b) laminated containers;
(c) coated paper containers; and
(d) any disposable container having a capacity of less than one
pint,
in which fluid milk products are or are intended to be sold are classi-
fied as disposable containers for milk. R.R.O. 1980, Reg. 306, s. 2;
O. Reg. 532/85, s. 2.
3. No person shall use a disposable container for milk as a con-
tainer for a fluid milk product that is or is intended to be sold for con-
sumption off the premises of the retail vendor of the fluid milk
product. R.R.O. 1980, Reg. 306, s. 3.
4.— (1) In this section,
(a) "recyclable container" means a disposable container for
which a deposit is charged in accordance with an agreement
between the Minister and the person who fills and distrib-
utes the container providing for the recycling of the empty
used containers; and
(b) "user of a recyclable container" means a person who fills.
558
Reg./Règl. 344
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 346
distributes or sells at retail, a recyclable container in com-
pliance with the provisions of an agreement referred to in
clause (a).
(2) Users of recyclable containers are classified and are a class of
persons that is exempt from section 3. O. Reg. 172/83, s. 1.
REGULATION 345
DISPOSABLE PAPER CONTAINERS FOR MILK
1. In this Regulation, "disposable container" means a container,
(a) that is used to contain a product or products sold or
intended for sale and will not be accepted for reuse as a
container and refilled with the same product or products by
a manufacturer, processor, distributor or retail vendor of
the product or products; or
(b) for which no deposit is or will be charged at the time of sale
of the product or products at retail and for which, as a used
container, no money or money's worth will be paid or given
by a manufacturer, processor, distributor or retail vendor of
the product or products sold or intended for sale in the
container. R.R.O. 1980, Reg. 307, s. 1.
2. Despite section 2 of Regulation 344 of Revised Regulations of
Ontario, 1990, disposable containers,
(a) that are plastic coated paper containers of more than two
quarts capacity; and
(b) in which fluid milk products are or are intended to be sold,
are classified as disposable paper containers for milk. R.R.O. 1980,
Reg. 307, s. 2.
3. No person shall use a disposable paper container for milk.
R.R.O. 1980, Reg. 307, s. 3.
REGULATION 346
GENERAL— AIR POLLUTION
Dehnitions
1. In this Regulation,
"air pollution episode" means an occasion when air contamination is
at such a level and for such a period of time that the air contamina-
tion may become the cause of increased human sickness and mor-
tality;
"air pollution index" means a series of numbers expressing the rela-
tive levels of air pollution and taking into consideration one or
more air contaminants;
"equipment" includes apparatus, device, mechanism or structure;
"fuel burning equipment" includes equipment designed to bum fuel
but does not include an internal combustion engine;
"highway" means highway as defined in subsection 1 (1) of the
Highway Traffic Act;
"incinerator" includes equipment used for the burning of waste;
"opacity" means,
(a) the color of a visible emission in shades of grey to black, or
(b) the degree to which a visible emission obstructs the passage
of light;
"point of emission" means the point at which a contaminant enters
the natural environment;
"visible emission" means any contaminant which can be detected by
the naked eye. R.R.O. 1980, Reg. 308, s. 1.
Application
2. The Act and this Regulation apply to all areas within Ontario.
R.R.O. 1980, Reg. 308, s. 2.
Exemptions
3. The following sources of contaminant are classes for which the
approval of the Director as to the plans and specifications is not
required under section 9 of the Act:
1. Fuel burning equipment used for the purpose of comfort
heating in a building using natural gas or No. 2 oil at a rate
of less than 1.5 million British Thermal Units per hour.
2. Equipment for the preparation of food in a domestic resi-
dence.
3. Fuel burning equipment used solely for the purpose of com-
fort heating in a dwelling used for the housing of not more
than three families.
4. Equipment for construction or maintenance of a highway
while the equipment is being used on the highway.
5. A source of visible light radiation intended for the purpose
of advertising or illumination. R.R.O. 1980, Reg. 308,
s. 3;0. Reg. 107/85, s. 1.
Am Pollution Index
4.— (1) The Ministry may prepare an index to be known as the
"Air Pollution Index" for any area in Ontario, from time to time.
(2) Where the air pollution index for an area indicates increasing
air pollution that may lead to an air pollution episode, the Minister,
in consultation with the Minister of Health, may order curtailment of
the operation of sources of air pollution in the manner described in
subsections (3) and (4).
(3) Where the air pollution index reaches the number 32, desig-
nated as Air Advisory Level, and meteorological forecasts indicate a
six hour prolongation of atmospheric conditions conducive to sus-
tained or increased air pollution levels, the Minister may require
owners or operators of sources of air pollution to make preparation
for the curtailment of such operations as are specified by the Minis-
ter.
(4) Where the air pollution index reaches the number 50, desig-
nated as First Air Pollution Alert, and meteorological forecasts indi-
cate a six hour prolongation of atmospheric conditions conducive to
sustained or increased air pollution levels, the Minister may require
owners or operators of sources of air pollution to curtail such opera-
tions as are specified by the Minister. R.R.O. 1980, Reg. 308, s. 4:
Control of Air Contaminants
5.— (1) The maximum concentration of a contaminant set out in
Column 1 of Schedule 1 at a point of impingement from a source of
contaminant, other than a motor vehicle, shall not be greater than
the conceiUration set out opposite thereto in Column 3 of Schedule
1, expressed in the unit of concentration set out opposite thereto in
Column 2 of Schedule 1 .
(2) The concentration of a contaminant at a point of impinge-
ment may be calculated in accordance with the Appendix.
559
Reg./Règl. 346
ENVIRONMENTAL PROTECTION
Reg./Règl. 346
(3) No person shall cause or permit the concentration of a con-
taminant at a point of impingement to exceed the standard pre-
scribed in Schedule 1. R.R.O. 1980, Reg. 308, s. 5.
6. No person shall cause or permit to be caused the emission of
any air contaminant to such extent or degree as may,
(a) cause discomfort to persons;
(b) cause loss of enjoyment of normal use of property;
(c) interfere with normal conduct of business; or
(d) cause damage to property. R.R.O. 1980, Reg. 308, s. 6.
7.— (1) The Ministry shall prepare a chart to be known as the
"Visible Emission Chart of the Province of Ontario".
(2) The Visible Emission Chart of the Province of Ontario shall
consist of two one-inch squares on a white background such that,
(a) the area within the square designated as number 1 shall
have black dots or lines evenly spaced such that approxi-
mately twenty per cent of the area is black;
(b) the area within the square designated as number 2 shall
have black dots or lines evenly spaced such that approxi-
mately forty per cent of the area is black.
(3) For the purpose of enforcing the Act and this Regulation no
person other than a provincial officer who has been trained by the
Ministry in the identification of opacity shall determine the opacity
of a visible emission. R.R.O. 1980, Reg. 308, s. 7.
8.— (1) Subject to subsection (2), no person shall cause or permit
to be caused a visible emission,
(a) having shades of grey darker than number 1 on the Visible
Emission Chart of the Province of Ontario at the point of
emission; or
(b) that obstructs the passage of light to a degree greater than
twenty per cent at the point of emission.
(2) A visible emission from a source of combustion employing
solid fuel for a period of not more than four minutes in the aggregate
in any thirty-minute period, may,
(a) be in shades of grey darker than number 1, but not darker
than number 2 on the Visible Emission Chart of the Prov-
ince of Ontario at the point of emission; or
(b) obstruct the passage of light to a degree greater than 20 per
cent but no greater than 40 per cent at the point of
emission. R.R.O. 1980, Reg. 308, s. 8.
9. Where at any stationary source of air pollution a failure to
operate in the normal manner or a change in operating conditions
occurs, or a shut-down of the source or part thereof is made for some
purpose, resuhing in the emission of air contaminants that may result
in quantities or concentrations in excess of those allowed in sections
5, 6 and 8,
(a) the owner or operator of the source of air pollution shall,
(i) immediately notify a provincial officer and furnish
him or her with particulars of such failure, change or
shutdown, and
(ii) furnish the provincial officer with the particulars in
writing, as soon as is practicable, of such failure,
change or shut-down; and
(b) if the provincial officer considers it advisable, the officer
may authorize, in writing, the continuance of such opera-
tion for such period of time as he or she considers reason-
able in the circumstances and may impose upon the owner
or operator such terms and conditions for such continued
operation as the officer considers necessary in the
circumstances. R.R.O. 1980, Reg. 308, s. 9.
10.— (1) No person shall burn or permit to be burned in any fuel
burning equipment or incinerator any fuel or waste except the fuel
waste for the burning of which the equipment or incinerator was
designed.
(2) No person shall burn or permit to be burned in any fuel burn-
ing equipment or incinerator any fuel or waste at a greater rate than
that rate for which the equipment or incinerator was designed.
R.R.O. 1980, Reg. 308, s. 10.
U.
shall.
Except for heat, sound, vibration or radiation, no person
(a) construct, alter, demolish, drill, blast, crush or screen any-
thing or cause or permit the construction, alteration, demo-
lition, drilling, blasting, crushing or screening of anything
so that a contaminant is carried beyond the limits of the
property on which the construction, alteration, demolition,
drilling, blasting, crushing or screening is being carried out;
(b) sandblast or permit the sandblasting of anything so that a
contaminant is emitted into the air,
to an extent or degree greater than that which would result if every
step necessary to control the emission of the contaminant were
implemented. R.R.O. 1980, Reg. 308, s. 11.
12.— (1) In this section, "apartment incinerator" means an incin-
erator that is located in or on the site of a building containing more
than one dwelling unit and used to burn domestic waste from more
than one dwelling unit.
(2) No person shall operate or permit the operation of,
(a) an apartment incinerator, domestic incinerator, multiple
chamber incinerator or starved air incinerator burning
domestic waste;
(b) a multiple chamber incinerator or starved air incinerator
burning solid industrial waste;
(c) an incinerator burning liquid industrial waste, industrial
slurries or sludges, sewage sludges or slurries, gaseous
waste, organic vapour or fume; or
(d) a municipal incinerator burning solid waste or sludges,
that causes or is likely to cause a concentration in the combustion
gases emitted into the natural environment, of organic matter having
a carbon content, expressed as equivalent methane, being an average
of ten measurements taken at approximately one minute intervals,
greater than 100 parts per million by volume, measured on an undi-
luted basis.
(3) Subsection (2) does not apply to prohibit the operation of a
catalytic incinerator.
(4) No person shall operate or permit the operation of an apart-
ment incinerator without a certificate of approval issued under sec-
tion 9 of the Act. O. Reg. 389/88, s. 1.
13. No person shall store, handle or transport any solid liquid or
gaseous material or substance in such manner that an air contami-
nant is released to the atmosphere. R.R.O. 1980, Reg. 308, s. 13.
560
Reg./Règl. 346 PROTECTION DE L'ENVIRONNEMENT Reg./Règl. 346
Appendix
1. In this Appendix, wherever the height of a building or structure is referred to, there shall not be included in calculating such height the
height of any flagpole, aerial or stack designed for venting emissions.
2. The concentration of a contaminant at a point of impingement shall be calculated as follows:
(a) where the point of impingement is located on the building or structure or is within five metres horizontally of the building or
structure on which the point of emission is located, and,
(i) the height above grade at the point of emission is less than twice the height of the highest part of the building or structure
on which the point of emission is located where the highest part of the building or structure is at a height of not more than
twenty metres above grade,
(see figures 1 and 2)
(ii) the height of the highest part of the building or structure on which the point of emission is located is greater than twenty
metres above grade and the point of emission is less than twenty metres above the highest part of the building or structure
on which it is located, or
(see figure 3)
(iii) there is a building or structure upwind from the point of emission such that,
a. the height above grade of the building or structure is greater than the height above grade at the point of emission,
and
b. the building or structure is a horizontal distance of 100 metres or less from the point of emission,
(see figures 4 and 5)
the following formula shall be applied:
(see notes 1 and 2)
J, ^ 0.6 X W X Q
U
Where: K is the half hour average concentration at the point of impingement in micrograms per cubic metre,
Q is the rate of emission in grams per second of the contaminant,
L is,
(i) where the point of impingement is at the same height or higher above grade than the point of emission, the straight
line distance in metres between the point of emission and the point of impingement, or
(ii) where the point of impingement is lower in height above grade than the point of emission, the product of 1.57 and
the straight line distance in metres between the point of emission and the point of impingement.
Notes: 1. Where a building or structure adjacent to the building or structure on which the point of emission is located is within five
metres of that building or structure, it shall be treated as being part of the building or structure on which the point of emis-
sion is located.
2. Where K yields a value greater than the concentration of the contaminant at the point of emission, the concentration of
the contaminant at the point of emission shall be deemed to be the value of K.
(b) where the point of impingement is a horizontal distance of five metres or more from the building or structure on which the point
of emission is located and,
(i) the height above grade at the point of emission is less than twice the height of the highest part of the building or structure
on which the point of emission is located where the highest part of the building or structure is at a height of not more than
twenty metres above grade, (see figures 6 and 7)
(ii) the height of the highest part of the building or structure on which the point of emission is located is greater than twenty
metres above grade and the point of emission is less than twenty metres above the highest part of the building or structure
on which it is located, or (see figure 8)
(iii) there is a building or structure upwind from the point of emission such that,
1. the height above grade of the building or structure is greater than the height above grade at the point of emission,
and
561
Reg./Règl. 346 ENVIRONMENTAL PROTECTION Reg./Règl. 346
2. the building or structure is a horizontal distance of 100 metres or less from the point of emission,
{see figures 9 and 10)
the following formula shall be applied:
(see notes 1 and 3)
^ = B^, « -[-KD']H-B(^>] ^ -[-K^>]}
Where: K is the half hour average concentration of the contaminant at the point of impingement in micrograms per cubic metre
Q is the rate of emission in grams per second of the contaminant
(see note 2)
exp is the exponential function where e = 2.7183
Y is the perpendicular distance in metres between the point of impingement and a vertical plane parallel to the chosen direc-
tion of the wind through the wind-oriented centre of the building or structure on which the point of emission is located
(see figures 1 1 and 12)
(see notes 4 and 5)
Z is the difference in height, in metres, between the point of impingement and the ground level at or beneath the point of
impingement
H is a function of the height, in metres, above grade of the building or structure on which the point of emission is located
F is a factor related to the atmospheric stability of the air
6y is a function which defines the amount of dispersion of the contaminant in a horizontal direction at the point of impinge-
ment
62 is a function which defines the amount of dispersion of the contaminant in a vertical direction at the point of impingement
Determination of K 1 . Two values for K shall be determined using the formula in clause (b).
2. The maximum value obtained for K shall be applied in this Regulation.
Value number 1 for K is determined as follows:
H is 0.67 times the height, in metres, above grade of the building or structure on which the point of emission is located
F is 0.6
6y is determined as follows:
6^ = J^ where A is the greatest width, in metres, presented to the wind by the building or structure in which the point of
4.3
emission is located, measured horizontally and perpendicularly to the direction of the wind
(see figure 13)
where 6^ is equal to or less than 243.45
calculate X; = 6.554 6;i<«'"
where 6^ is greater than 243.45
calculate X; = 4.524 ô^'-'*"
and calculate
Xy = G + X; where G is the horizontal distance, in metres, between the wind-oriented centre of the building or structure
on which the point of emission is located and the line where vertical planes, one through the wind-oriented centre of the
building or structure on which the point of emission is located and parallel to the chosen direction of the wind, and the
other through the point of impingement, meet at right angles.
(see figure 14)
(see note 6)
where the value of Xy is equal to or less than 2500
calculate 6, = 0.176 XyO-92«5
where the value of Xy is greater than 2500
calculate 6, = 0.268 Xy»-»'»»
62 is determined as follows:
562
Reg./Règl. 346 PROTECTION DE L'EhfVlRONNEMENT Reg./Règl. 346
6Î = where B is the height above ground in metres of the highest part of the building or structure on which the point
of emission is located.
where 6^ is equal to or less than 141.41
calculate X; = 12.027 6;" <»™3
where 6; is greater than 141.41
calculate X^ = 10.418 ô^"»*'»
and calculate Xj = G + X; where G has the same value for G as used in the equation
Xy = G + Xy
Where the value of X, is equal to or less than 2500
calculate 6, = 0.106 X,»"»»
where X, is greater than 2500
calculate 6, = 0.120 X,»*»*»
Value number 2 for K is determined as follows:
Where: H is 0.67 times the height in metres above grade of the building or structure on which the point of emission is located
F is 0.8
6y is determined as follows:
6^ = — where 6^ has the same value as 6, determined for value number 1 for K
4.3
where 6^ is equal to or less than 49.01
calculate X; = 10.686 6;' i"»"
where 6^ is greater than 49.01 and less than 409.32
calculate X; = 10.020 &;"«««'
where 6^ is equal to or greater than 409.32
calculate X; = 6.760 ô;"»'»
and calculate
Xy = G + Xy where G has the same value for G determined for value number 1 for K
where the value of Xy is equal to or less than 700
calculate 6y = 0.110 XyO'»«2
where Xy is greater than 700 and less than 7000
calculate 6y = 0.120 X,»»'»"
where Xy is equal to or greater than 7000
calculate 6, = 0.191 Xy»*"^*
6, is determined as follows;
6j = where B is the vertical height above grade of the highest part of the building or structure on which the point of
emission is located.
where 6, is equal to or less than 24.64
calculate X; = 16.524 6i"«'8
where 6i is greater than 24.64 and less than 110.75
563
Reg./Règl. 346 ENVIRONME^rr AL PROTECTION Reg./Règl. 346
calculate X; = 4.984 6^' 53%5
where 6i is equal to or greater than 1 10.75
calculate X^ = 1.090 6j' «5677
and calculate
Xz = G + X; where G has the same value for G determined for value number 1 for K
where X^ is equal to or less than 700
calculate 6, = 0.091 X,"-^^"
where X^ is greater than 700 and less than 7000
calculate 6^ = 0.352 X^oo*"'
where X^ is equal to or greater than 7000
calculate 6, = 0.955 X^» 5385?
NOTES: 1. Where a building or structure adjacent to the building or structure on which the point of emission is located is within five
metres of that building or structure, it shall be treated as being part of the building or structure on which the point of emis-
sion is located.
2. Where a situation exists as described in subclauses i, ii and iii of clause (b) all points of emission of a contaminant shall be
considered as if the total emission comes from the building such that the building itself is a point of emission.
3. Where K yields a value greater than the concentration of the contaminant at the point of emission, the concentration of
the contaminant at the point of emission shall be deemed to be the value of K.
4. The wind-oriented centre of a building or structure is obtained by circumscribing the plan view of the building or structure
with the smallest possible rectangle, two sides of which are parallel to the chosen wind direction, and the intersection of
the diagonals of this rectangle is the wind-oriented centre.
{see figure II)
5. Where an emission or emissions is from only one building or structure, the wind direction shall be that direction that is
parallel to a line joining the wind-oriented centre of the building or structure and the point of impingement and the value
of the exponential expression involving Y is one.
(In such a situation the value of Y becomes zero)
6. Where emissions from only one building or structure are being evaluated the wind direction shall be so chosen that the
value of G is the horizontal distance in metres between the point of impingement and a vertical line through the wind-ori-
ented centre of the building or structure on which the point of emission is located.
(see figure 15)
(c) where the point of emission is not affected by any of the conditions described in subclauses i, ii or iii of clause (a) or subclauses i,
ii or iii of clause (b), the following formula shall be applied:
(see figures 16, 17, 18 and 19)
Where: K is the half hour average concentration of the contaminant at the point of impingement in micrograms per cubic metre
Q is the rate of emission in grams per second of the contaminant
U is the wind speed in metres per second
exp is the exponential function where e = 2.7183
Y is the straight line distance in metres between the point of impingement and a vertical plane through the point of emission
in the chosen direction of the wind
(see figure 20)
(see note 3)
Z is the difference in height, in metres, between the point of impingement and the ground level at or beneath the point of
impingement
H is the effective height of the emission of a contaminant
F is a factor related to the atmospheric stability of the air
564
Reg./Règl. 346 PROTECTION DE L'ENVIRONNEMENT Reg./Règi. 346
6y is a function which defines the amount of dispersion of the contaminant in a horizontal direction at the point of impinge-
ment
6z is a function which defines the amount of dispersion of the contaminant in a vertical direction at the point of impingement
Determination of K 1 . Two values for K shall be determined using the formula in clause (c).
2. The maximum value obtained for K shall be applied in this Regulation.
(see note 1)
Value number 1 for K is determined as follows:
Where: U is the speed of the wind in metres per second
(see note 2)
H is determined as follows:
H = h+ ï^d X [1.5 + 2.68(1-283)^1
Where: h is the height above grade, in metres, of the point of emission
v, is the speed in metres per second in an upward vertical direction of the contaminant gas stream at the point of emission to
the atmosphere
(see note 4)
d is the diameter in metres of a circle of equivalent area to that area through which the contaminant gas stream enters the air
u is the speed of the wind in metres per second
(see note 5)
Ts is the temperature in degrees Kelvin (273° + temperature in Degrees Celsius) of the contaminant gas stream at the point
of emission
F is 0.6
6y is determined as follows:
Calculate X where X is the horizontal distance in metres between the point of emission and the line where vertical
planes, one through the point of emission and parallel to the chosen direction of the wind and the other through the
point of impingement, meet at right angles.
(see figure 21)
(see notes 6 and 7)
Where the value of X is equal to or less than 2500
6y = 0.176X'"2«'
When the value of X is greater than 2500
6, = 0.268 X»«'2«
6j is determined as follows:
When the value of X is determined in the calculation of 6^ is equal to or less than 2500
6, = 0.106X»'i»26
When the value of X is greater than 2500
6, = 0.120X»'»'"
(see note 8)
Value number 2 for K is determined as follows:
H has the same value for H as determined for value number 1 for K
F is 0.8
6y is determined as follows:
Where X has the same value for X as determined for value number 1 for K
Where the value of X is equal to or less than 700
565
Reg./Règl. 346 ENVIRONMENTAL PROTECTION Reg./Règl. 346
6j, = 0.110 X» '3*2
Where the value of X is greater than 700 but less than 7000
6y = 0.120 X»"«"
Where the value of X is equal to or greater than 7000
6y = 0.191 X» ««538
6z is determined as follows:
Where X has the same value as determined in the calculation of 6y
Where X is equal to or less than 700
6, = 0.091 X»»553
Where X is greater than 700 but less than 7000
6, = 0.352 Xi>"«
Where X is equal to or greater than 7000
6, = 0.955 X»5385'
{see note 8)
NOTES: 1. Where K yields a value greater than the concentration of the contaminant at the point of emission, the concentration of
the contaminant at the point of emission shall be deemed to be the value of K.
2. The wind speed shall have a minimum value of 2.235 metres per second and a maximum value of 18.235 metres per sec-
ond. A value of K shall be determined for wind speed increments of 0.5 metres per second until a maximum value of K is
found.
3. Where only a single point of emission is being evaluated the wind direction shall be so chosen that the value of Y becomes
zero (therefore the value of exp expression containing Y becomes equal to one).
4. Where the value of v, is less than 7 metres per second the value of Vs shall be zero.
5. The value for u shall be consistent with the values substituted directly for u in the equation used for evaluating K.
6. Where a single source of emission is being evaluated, the wind direction shall be so chosen that the value of X shall be the
horizontal distance in metres between the point of impingement and a vertical line through the point of emission, (see fig-
ure 22)
7. In the calculation of K at ground level, the value of X shall be so chosen that the maximum value of K is found.
8. For each point of impingement, for each wind direction chosen, and for each value of X, U shall be varied until the maxi-
mum value of K is found.
(d) where the emissions of a contaminant are from more than one source, the contaminant concentrations at the point of impinge-
ment, resulting from each individual source, for the conditions set out in clauses (a), (b) and (c) shall be added together to give
an aggregate value for K.
The aggregate value of K shall be determined for all wind directions and all permissible wind speeds for value of K, where appli-
cable. The largest aggregate K obtained shall be the value of K to apply in this Regulation.
566
Reg./Règl. 346
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 346
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567
Reg./Règl. 346
ENVIRONMENTAL PROTECTION
Reg./Règl. 346
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PROTECTION DE L'ENTVIRONNEMENT
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569
Reg./Règl. 346
ENVIRONMENTAL PROTECTION
Reg./Règl. 346
570
Reg./Règl. 346
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 346
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571
Reg./Règl. 346
ENVIRONMENTAL PROTECTION
Reg./Règl. 346
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PROTECTION DE L'ENVIRONNEMENT
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Reg./Règl. 346
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574
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PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 346
575
Reg./Règl. 346
ENVIRONMENTAL PROTECTION
Reg./Règl. 346
576
Reg./Règl. 346
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 346
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Reg./Règl. 346
ENVIRONMENTAL PROTECTION
Reg./Règl. 346
578
Reg./Règl. 346
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 346
579
Reg./Règl. 346
ENVIRONMENTAL PROTECTION
Reg./Règl. 346
580
Reg./Règl. 346
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 346
581
Reg./Règl. 346
ENVIRONMENTAL PROTECTION
Reg./Règl. 346
582
Reg./Règl. 346
PROTECTION DE L'ENVIROIWEMENT
Reg./Règl. 346
583
Reg./Règl. 346
ENVIRONMENTAL PROTECTION
Reg./Règl. 346
584
Reg./Règl. 346
PROTECTION DE L'E^A^RONNEME^4T
Reg./Règl. 346
585
Reg./Règl. 346
ENVIRONMENTAL PROTECTION
Reg./Règl. 346
586
Reg./Règl. 346
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 346
587
Rcg./Rcgl.346
i;NVIRONM[iNTALPROIL(riON
Rcg./Rcgl. 346
R.R.O. I9SI), Reg. 3()S. Appendix.
.S,S«
Reg./Règl. 346
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 346
Schedule
Item
Column 1
Column 2
Column 3
Name of Contaminant
Unit of Concentration
Concentration at Point
of Impingement— Half
Hour Average
1.
Acetic Acid
Micrograms of acetic acid per cubic metre of air
2,500
2.
Acetylene
Micrograms of acetylene per cubic metre of air
56,000
3.
Acetone
Micrograms of acetone per cubic metre of air
48,000
4.
Acrylamide
Micrograms of acrylamide per cubic metre of air
45
5.
Ammonia
Micrograms of ammonia per cubic metre of air
3,600
6.
Antimony
Total micrograms of antimony in free and combined
form per cubic metre of air
75
7.
Arsine
Micrograms of arsine per cubic metre of air
10
8.
Beryllium
Total micrograms of beryllium in free and combined
form per cubic metre of air
0.03
9.
Boron Tribromide
Micrograms of boron tribromide per cubic metre of
air
100
10.
Boron Trichloride
Micrograms of boron trichloride per cubic metre of
air
100
11.
Boron Trifluoride
Micrograms of boron trifluoride per cubic metre of
air
5.0
12.
Boron
Total micrograms of boron in free and combined
form per cubic metre of air
100
13.
Bromine
Micrograms of bromine per cubic metre of air
70
14.
Cadmium
Total micrograms of cadmium in free and combined
form per cubic metre of air
5.0
15.
Calcium hydroxide
Micrograms of calcium hydroxide per cubic metre of
air
27
16.
Calcium Oxide
Micrograms of calcium oxide per cubic metre of air
20
17.
Carbon Black
Micrograms of carbon black per cubic metre of air
25
18.
Carbon Disulphide
Micrograms of carbon disulphide per cubic metre of
air
330
19.
Carbon Monoxide
Micrograms of carbon monoxide per cubic metre of
air
6,000
20.
Chlorine
Micrograms of chlorine per cubic metre of air
300
21.
Chlorine Dioxide
Micrograms of chlorine dioxide per cubic metre of
air
85
22.
Copper
Total micrograms of copper in free and combined
form per cubic metre of air
100
23.
Cresols
Micrograms of cresols per cubic metre of air
230
24.
Decaborane
Micrograms of decaborane per cubic metre of air
50
25.
Diborane
Micrograms of diborane per cubic metre of air
20
26.
Dicapryl Phthalate
Micrograms of dicapryl phthalate per cubic metre of
air
100
27.
Dimethyl Disulphide
Micrograms of dimethyl disulphide per cubic metre
of air
40
589
Reg./Règl. 346
ENVIRONMENTAL PROTECTION
Reg./Règl. 346
Item
Column 1
Column 2
Column 3
Name of Contaminant
Unit of Concentration
Concentration at Point
of Impingement— Half
Hour Average
28.
Dimethyl Sulphide
Micrograms of dimethyl sulphide per cubic metre of
air
30
29.
Dioctyl Phthalate
Micrograms of dioctyl phthalate per cubic metre of
air
100
30.
Dustfall
Micrograms per square metre
8,000
31.
Ethyl Acetate
Micrograms of ethyl acetate per cubic metre of air
19,000
32.
Ethyl Acrylate
Micrograms of ethyl acrylate per cubic metre of air
4.5
33.
Ethyl Benzene
Micrograms of ethyl benzene per cubic metre of air
4,000
34.
Ferric Oxide
Micrograms of ferric oxide per cubic metre of air
75
35.
Fluorides,
(Gaseous)
(April 15 to October 15)
Micrograms of gaseous, inorganic fluoride per cubic
metre of air expressed as hydrogen fluoride
4.3
36.
Fluorides,
(Total)
(April 15 to October 15)
Total micrograms of inorganic fluoride per cubic
metre of air expressed as hydrogen fluoride
8.6
37.
Fluorides,
(Total)
(October 16 to April 14)
Total micrograms of inorganic fluoride per cubic
metre of air expressed as hydrogen fluoride
17.2
38.
Formaldehyde
Micrograms of formaldehyde per cubic metre of air
65
39.
Formic Acid
Micrograms of formic acid per cubic metre of air
1,500
40.
Furfural
Micrograms of furfural per cubic metre of air
1,000
41.
Furfuryl Alcohol
Micrograms of furfuryl alcohol per cubic metre of air
3,000
42.
Hydrogen Chloride
Micrograms of hydrogen chloride per cubic metre of
air
100
43.
Hydrogen Cyanide
Micrograms of hydrogen cyanide per cubic metre of
air
1,150
44.
Hydrogen Sulphide
Micrograms of hydrogen sulphide per cubic metre of
air
30
45.
Iron (metallic)
Micrograms of metallic iron per cubic metre of air
10
46.
Lead
Total micrograms of lead in free and combined form
per cubic metre of air
10
47.
Lithium Hydrides
Total micrograms of lithium hydrides per cubic
metre of air
7.5
48.
Lithium
Total micrograms of lithium in other than hydride
compounds per cubic metre of air
60
49.
Magnesium Oxide
Total micrograms of magnesium oxide per cubic
metre of air
100
50.
Mercaptans
Total micrograms of mercaptans per cubic metre of
air expressed as methyl mercaptans
20
51.
Mercury (alkyl)
Total micrograms of alkyl mercury compounds per
cubic metre of air
1.5
52.
Mercury
Total micrograms of mercury in free and combined
form per cubic metre of air
5.0
590
Reg./Règl. 346
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 346
Item
Column 1
Column 2
Column 3
Name of Contaminant
Unit of Concentration
Concentration at Point
of Impingement— Half
Hour Average
53.
Methyl Acrylate
Micrograms of methyl acrylate per cubic metre of air
4.0
54.
Methyl Alcohol
Micrograms of methyl alcohol per cubic metre of air
84,000
55.
Methyl Chloroform
(l-I-l Trichloroethane)
Micrograms of methyl chloroform per cubic metre of
air
350,000
56.
Methyl Ethyl
Ketone (2-Butanone)
Micrograms of methyl ethyl ketone per cubic metre
of air
31,000
57.
Methyl Methacrylate
Micrograms of methyl methacrylate per cubic metre
of air
860
58.
Milk Powder
Micrograms of milk powder per cubic metre of air
20
59.
Monomethyl Amine
Micrograms of monomethyl amine per cubic metre
of air
25
60.
Nickel
Total micrograms of nickel in free and combined
form per cubic metre of air
5
61.
Nickel Carbonyl
Micrograms of nickel carbonyl per cubic metre of air
1.5
62.
Nitric Acid
Micrograms of nitric acid per cubic metre of air
100
63.
Nitrilotriacetic Acid
Micrograms of nitrilotriacetic acid per cubic metre of
air
100
64.
Nitrogen Oxides
Micrograms of nitrogen oxides per cubic metre of air
expressed as NO:
500
65.
Ozone
Micrograms of ozone per cubic metre of air
200
66.
Pentaborane
Micrograms of pentaborane per cubic metre of air
3.0
67.
Phenol
Micrograms of phenol per cubic metre of air
100
68.
Phosgene
Micrograms of phosgene per cubic metre of air
130
69.
Phosphoric Acids
Micrograms of phosphoric acids per cubic metre of
air expressed as P2O5
100
70.
Phthalic Anhydride
Micrograms of phthalic anhydride per cubic metre of
air
100
71.
Propylene Dichloride
Micrograms of propylene dichloride per cubic metre
of air
2,400
72.
Silver
Total micrograms of silver in free and combined
form per cubic metre of air
3
73.
Styrene
Micrograms of styrene per cubic metre of air
400
74.
Sulphur Dioxide
Micrograms of sulphur dioxide per cubic metre of air
830
75.
Sulphuric Acid
Micrograms of sulphuric acid per cubic metre of air
100
76.
Suspended Particulate Matter
(particulate less than 44 microns in
size)
Total micrograms of suspended particulate matter
per cubic metre of air
100
77.
Tellurium (except hydrogen
telluride)
Micrograms of tellurium in free and combined form
per cubic metre of air
30
78.
Tetrahydrofuran
Micrograms of tetrahydrofuran per cubic metre of
air
93,000
591
Reg./Règl. 346
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
Item
Column 1
Column 2
Column 3
Name of Contaminant
Unit of Concentration
Concentration at Point
of Impingement— Half
Hour Average
79.
Tin
Total micrograms of tin in free and combined form
per cubic metre of air
30
80.
Titanium
Total micrograms of titanium in free and combined
form per cubic metre of air
100
81.
Toluene
Micrograms of toluene per cubic metre of air
2,000
82.
Toluene Di-isocyanate
Micrograms of toluene di-isocyanate per cubic metre
of air
1.0
83.
Trichloroethylene
Micrograms of trichloroethylene per cubic metre of
air
85,000
84.
Trifluorotrichloro Ethane
Micrograms of trifluoro trichloroethane per cubic
metre of air
2.4 million
85.
Vanadium
Total micrograms of vanadium in free and combined
form per cubic metre of air
5.0
86.
Xylenes
Micrograms of xylenes per cubic metre of air
2,300
87.
Zinc
Total micrograms of zinc in free and combined form
per cubic metre of air
100
R.R.O. 1980, Reg. 308, Sched. 1; O. Reg. 90/90, s. 1.
REGULATION 347
GENERAL-WASTE MANAGEMENT
Definitions
1. In this Regulation,
"access road" means a road that leads from a public road to a waste
disposal site;
"acute hazardous waste chemical" means a commercial waste chemi-
cal having a generic name listed in Part A of Schedule 2;
"agricultural waste" means waste, other than sewage, resulting from
farm operations, including animal husbandry and where a farm
operation is carried on in respect of food packing, food preserving,
animal slaughtering or meat packing, includes the waste from such
operations;
"asbestos waste" means solid or liquid waste that results from the
removal of asbestos-containing construction or insulation materials
or the manufacture of asbestos-containing products and contains
asbestos in more than a trivial amount or proportion;
"carrier" means the operator of a waste transportation system;
"cell", in respect of a landfilling site, means a deposit of waste that
has been sealed by cover material so that no waste deposited in the
cell is exposed to the atmosphere;
"commercial waste" includes asbestos waste;
"commercial waste chemical" means a waste that is or contains a
commercial chemical product or manufacturing chemical interme-
diate of a specified generic name and includes,
(a) an off-specification commercial chemical product or manu-
facturing chemical intermediate which, if it met specifica-
tions, would have the specified generic name,
(b) residues or contaminated material from the clean-up of a
spill of a commercial chemical product or manufacturing
chemical intermediate of the specified generic name or of
an off-specification commercial chemical product or manu-
facturing chemical intermediate which, if it met specifica-
tions, would have the specified generic name, or
(c) an empty container or the liner from an empty container
that contained a commercial chemical product or manufac-
turing chemical intermediate of the specified generic name,
or an off-specification commercial chemical product or
manufacturing chemical intermediate which, if it met speci-
fications, would have the specified generic name, or res-
idues or contaminated materials from the clean-up of a spill
of any of them, unless the empty container or the liner from
the empty container has been triple rinsed,
but, except as specified in subparagraph i, ii or iii, does not include
a waste stream or waste material contaminated with material of
the specified generic name;
"composting" means the treatment of waste by aerobic decomposi-
tion of organic matter by bacterial action for the production of sta-
bilized humus;
"corrosive waste" means a waste that,
(a) is aqueous and has a pH less than or equal to two or greater
than or equal to 12.5 as determined by a pH meter, or
(b) is a liquid and corrodes steel (SAE 1020) at a rate greater
than 6.35 millimetres per year at a test temperature of 55°
Celsius using test NACE TM-01-69 or an equivalent test
approved by the Director;
"cover material" means soil or other material approved for use in
sealing cells in landfilling;
592
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
"dead animal" means an animal that dies naturally or from disease
or by reason of accident and includes parts thereof;
"derelict motor vehicle" means a motor vehicle that,
(a) is inoperable, and
(b) has no market value as a means of transportation, or, has a
market value as a means of transportation that is less than
the cost of repairs required to put it into operable condi-
tion;
"Director" means the Director of the Waste Management Branch of
the Ministry and includes an alternate named by him or her;
"domestic waste" includes asbestos waste;
"dump" means a waste disposal site where waste is deposited with-
out cover material being applied at regular intervals;
"dust suppressant" means a waste used for dust suppression in accor-
dance with a certificate of approval or provisional certificate of
approval for a dust suppression waste management system;
"dust suppression site" means a waste disposal site where dust sup-
pressant is deposited;
"empty container" means a container from which all wastes and
other materials have been removed using the removal practices
such as pumping or pouring commonly used for the specific mate-
rials and that contains less than 2.5 centimetres of material on the
bottom of the container;
"existing hospital incinerator" means an incinerator put into opera-
tion before the 31st day of December, 1985 owned by a hospital
within the meaning of the Public Hospitals Acl at which pathologi-
cal waste but no hauled liquid industrial waste or other hazardous
waste is incinerated;
"fly-ash" means particulate matter removed from combustion flue
"generator" means the operator of a waste generation facility;
"grinding" means the treatment of waste by uniformly reducing the
waste to particles of controlled maximum size;
"hauled liquid and hazardous waste collection system" means a
waste management system or any part thereof for the collection,
handling, transportation, storage or processing of hauled liquid
industrial waste or hazardous waste but does not include the dis-
posal thereof;
"hauled liquid industrial waste" means liquid industrial waste trans-
ported in a tank or other container for treatment or disposal;
"hauled sewage" means waste removed from,
(a) a cesspool,
(b) a septic tank system,
(c) a privy vault or privy pit,
(d) a chemical toilet,
(e) a portable toilet, or
(f) a sewage holding tank;
"hazardous industrial waste" means a generic or specific waste listed
in Schedule 1;
"hazardous waste" means a waste that is a.
(a) hazardous industrial waste,
(b) acute hazardous waste chemical,
(c) hazardous waste chemical,
(d) severely toxic waste,
(e) ignitable waste,
(f) corrosive waste,
(g) reactive waste,
(h) radioactive waste, except radioisotope wastes disposed of in
a landfilling site in accordance with the written instructions
of the Atomic Energy Control Board,
(i) pathological waste,
(j) leachate toxic waste, or
(k) PCB waste as defined in Regulation 362 of Revised Regula-
tions of Ontario, 1990,
and includes a mixture of acute hazardous waste chemical, hazard-
ous waste chemical, hazardous industrial waste, pathological
waste, radioactive waste or severely toxic waste and any other
waste or material, but does not include,
(1) hauled sewage,
(m) waste from the operation of a sewage works subject to the
Ontario Water Resources Acl where the works,
(i) is owned by a municipality,
(ii) is owned by the Crown subject to an agreement with
a municipality under the Ontario Water Resources
Acl, or
(iii) receives only waste similar in character to the
domestic sewage from a household,
(n) domestic waste,
(o) incinerator ash resulting from the incineration of waste that
is neither hazardous waste nor liquid industrial waste,
(p) waste that is a hazardous industrial waste, hazardous waste
chemical, ignitable waste, corrosive waste, leachate toxic
waste or reactive waste and that is produced in any month
in an amount less than five kilograms or otherwise accumu-
lated in an amount less than five kilograms,
(q) waste that is an acute hazardous waste chemical and that is
produced in any month in an amount less than one kilogram
or otherwise accumulated in an amount less than one kilo-
gram,
(r) an empty container or the liner from an empty container
that contained hazardous industrial waste, hazardous waste
chemical, ignitable waste, corrosive waste, leachate toxic
waste or reactive waste,
(s) an empty container of less than twenty litres capacity or one
or more liners weighing, in total, less than ten kilograms
from empty containers, that contained acute hazardous
waste chemical,
(t) the residues or contaminated materials from the clean-up of
a spill of less than five kilograms of waste that is a hazard-
ous industrial waste, hazardous waste chemical, ignitable
waste, corrosive waste, leachate toxic waste or reactive
waste, or
593
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
(u) the residues or contaminated materials from the clean-up of
a spill of less than one kilogram of waste that is an acute
hazardous waste chemical;
"hazardous waste chemical" means a commercial waste chemical
having a generic name listed in Part B of Schedule 2;
"ignitable waste" means a waste that,
(a) is a liquid, other than an aqueous solution containing less
than 24 per cent alcohol by volume and has a flash point less
than 61° Celsius, as determined by the Tag Closed Cup Tes-
ter (ASTM D-56-79), the Setaflash Closed Cup Tester
(ASTM D-3243-77 or ASTM D-3278-78), the Pensky-Mar-
tens Closed Cup Tester (ASTM D-93-79), or as determined
by an equivalent test method approved by the Director,
(b) is a solid and is capable, under standard temperature and
pressure, of causing fire through friction, absorption of
moisture or spontaneous chemical changes and, when
ignited, burns so vigorously and persistently that it creates a
danger,
(c) is an ignitable compressed gas (Class 2, Division D as
defined in the regulations under the Transportation of Dan-
gerous Goods Act (Canada), or
(d) is an oxidizing substance (Class 5, Divisions 1 and 2) as
defined in the regulations under the Transportation of Dan-
gerous Goods Act (Canada);
"incinerator ash" means the ash residue, other than fly-ash, resulting
from incineration where the waste is reduced to ashes containing
by weight less than 10 per cent of combustible materials;
"incinerator waste" means the residue from incineration, other than
incinerator ash and fly-ash;
"individual collection system" means the collection of a household-
er's own domestic wastes by a householder and the transportation
of such wastes to a waste disposal site by the householder;
"industrial waste" means waste from,
(a) an enterprise or activity involving warehousing, storage or
industrial, manufacturing or commercial processes or oper-
ations,
(b) research or an experimental enterprise or activity,
(c) an enterprise or activity to which clause (a) would apply if
the enterprise or activity were carried on for profit,
(d) clinics that provide medical diagnosis or treatment, or
(e) schools, laboratories or hospitals;
"inert fill" means earth or rock fill or waste of a similar nature that
contains no putrescible materials or soluble or decomposable
chemical substances;
"intact manifest" means a manifest as provided by the Ministry, with
all sb< parts intact;
"landfilling" means the disposal of waste by deposit, under con-
trolled conditions, on land or on land covered by water, and
includes compaction of the waste into a cell and covering the waste
with cover materials at regular intervals;
"leachate toxic waste" means a waste producing leachate containing
any of the contaminants listed in Schedule 4 at a concentration in
excess of one hundred times that specified in the Schedule using
the Leachate Extraction Procedure or an equivalent test method
approved by the Director;
"liquid industrial waste" means waste that is both liquid waste and
industrial waste but does not include,
(a) hauled sewage,
(b) waste from the operation of a sewage works described in
clause (m) of the definition of "hazardous waste",
(c) waste from the operation of a water works subject to the
Ontario Water Resources Act,
(d) waste that is produced in any month in an amount less than
twenty-five litres or otherwise accumulated in an amount
less than twenty-five litres,
(e) waste directly discharged by a generator from a waste gen-
eration facility into a sewage works subject to the Ontario
Water Resources Act or established before the 3rd day of
April, 1957 or into a sewage system, as defined in Part VIII
of the Act,
(f) waste that results directly from food processing and prepa-
ration operations, including food packing, food preserving,
wine making, cheese making and restaurants,
(g) drilling fluids and produced waters associated with the
exploration, development or production of crude oil or nat-
ural gas,
(h) processed organic waste, or
(i) asbestos waste;
"manifest" means a numbered document in Form 1 that was
obtained from the Ministry;
"marine craft waste disposal system" means a waste disposal system
operated by a person or a municipality for the receiving of waste
from marine craft for deposit in holding tanks;
"metal finishing" includes common and precious metal electroplat-
ing, anodizing, electroless plating, chemical etching and milling,
chemical conversion coating (including colouring, chromating,
phosphating and immersion plating) and printed circuit board
manufacturing;
"mobile refrigerant waste" means refrigerant removed from,
(a) the air-conditioning unit of an automobile, bus, truck or
other vehicle, or
(b) the refrigeration or freezer unit of a truck or rail car used to
carry refrigerated or frozen things;
"mobile refrigerant waste collector" means a mobile refrigerant
waste management system that collects mobile refrigerant waste it
has removed from equipment in which refrigerant is used;
"mobile refrigerant waste recycler" means a mobile refrigerant waste
management system that receives mobile refrigerant waste from
other mobile refrigerant waste management systems and recycles
it;
"municipal waste management system" means a waste management
system, or any part thereof, of which a municipality is the owner;
"non-hazardous solid industrial waste" means industrial waste that is
not liquid industrial waste and is not hazardous waste and includes
asbestos waste;
"on-site garbage grinder" means a grinder,
(a) used for the treatment of waste that is subsequently dis-
charged as sewage, and
594
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
(b) located in a building or structure used principally for func-
tions other than waste management;
"on-site incinerator" means an incinerator located at a site used prin-
cipally for functions other than waste management in which only
waste generated on that site is incinerated;
"on-site road" means a road for the movement of vehicles and equip-
ment within a waste disposal site;
"organic soil conditioning" means the incorporation of processed
organic waste in the soil to improve its characteristics for crop or
ground cover growth;
"packing and baling" means the treatment of waste by its compres-
sion into blocks or bales and binding or sheathing the blocks with
wire, metal, plastic or other material;
"pathological waste" means,
(a) any part of the human body, including tissues and bodily
fluids, but excluding fluids, extracted teeth, hair, nail clip-
pings and the like, that are not infectious,
(b) any part of the carcass of an animal infected with a commu-
nicable disease or suspected by a licensed veterinary practi-
tioner to be infected with a communicable disease, or
(c) non-anatomical waste infected with communicable disease;
"private waste management system" means a waste management
system, or any part thereof, of which a person other than a munici-
pality is the owner;
"processed organic waste" means waste that is predominantly
organic in composition and has been treated by aerobic or anaero-
bic digestion, or other means of stabilization, and includes sewage
residue from sewage works that are subject to the provisions of the
Ontario Water Resources Act;
"reactive waste" means a waste that,
(a) is normally unstable and readily undergoes violent change
without detonating,
(b) reacts violently with water,
(c) forms potentially explosive mixtures with water,
(d) when mixed with water, generates toxic gases, vapours or
fumes in a quantity sufficient to present danger to human
health or the environment,
(e) is a cyanide or sulphide bearing waste which, when exposed
to pH conditions between two and 12.5, can generate toxic
gases, vapours or fumes in a quantity sufficient to present
danger to human health or the environment,
(f) is capable of detonation or explosive reaction if it is sub-
jected to a strong initiating source or if heated under con-
finement,
(g) is readily capable of detonation or explosive decomposition
or reaction at standard temperature and pressure,
(h) is an explosive (Class I) as defined in the regulations under
the Transportation of Dangerous Goods Act (Canada);
"receiver" means the operator of any facility to which waste is trans-
ferred by a carrier;
"recyclable material" means waste transferred by a generator and
destined for a site,
(a) where it will be wholly utilized, in an ongoing agricultural.
commercial, manufacturing or industrial process or opera-
tion used principally for functions other than waste manage-
ment and that does not involve combustion or land applica-
tion of the waste,
(b) where it will be promptly packaged for retail sale, or
(c) where it will be offered for retail sale to meet a realistic
market demand,
but does not include,
(d) hazardous waste or liquid industrial waste unless the trans-
portation from generator to site is direct, and
(e) used or shredded or chipped tires.
"scavenging" means the uncontrolled removal of reusable material
from waste at a waste disposal site;
"severely toxic waste" means a waste that contains a contaminant
listed in Schedule 3 at a concentration greater than one part per
million;
"site" means one property and includes nearby properties owned or
leased by the same person where passage from one property to
another involves crossing, but not travelling along, a public high-
way;
"stationary refrigerant waste" means refrigerant removed from an
air-conditioning unit, refrigerator or freezer used in or constructed
as part of a building;
"stationary refrigerant waste collector" means a stationary refriger-
ant waste management system that collects stationary refrigerant
waste it has removed from equipment in which refrigerant is used;
"stationary refrigerant waste recycler" means a stationary refrigerant
waste management system that receives stationary refrigerant
waste from other stationary refrigerant waste management systems
and recycles it;
"subject waste" means,
(a) liquid industrial waste, and
(b) hazardous waste,
but does not include waste from the servicing of motor vehicles at
a retail motor vehicle service station or service facility that has a
written agreement for the collection and management of such
waste with a waste management system approved under Part V of
the Act for the purposes and does not include waste from,
(c) a nursing home under the Nursing Homes Act,
(d) a home under the Homes for the Aged and Rest Homes Act,
(e) a home for special care under the Homes for Special Care
Act,
(f) the professional office of a member of the Royal College of
Dental Surgeons of Ontario, or
(g) the professional office of a member of the College of Physi-
cians and Surgeons of Ontario;
"transfer" means physical transfer of possession;
"transfer station" means a waste disposal site used for the purpose of
transferring waste from one vehicle to another for transportation
to another waste disposal site;
"waste generation facility" means those facilities, equipment and
595
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
operations that are involved in the production, collection, han-
dling or storage of subject waste at a site;
"waste transportation system" means those facilities, equipment and
operations that are involved in transporting subject waste beyond
the boundaries of a site or from site to site;
"waste-derived fuel" means waste having a quality as fuel not worse
than commercially available low grade fuel and that is located at or
destined for a waste-derived fuel site where it will be wholly uti-
lized as a fuel or fuel supplement in a combustion unit;
"waste-derived fuel site" means a waste disposal site where waste-
derived fuel is wholly utilized as a fuel or fuel supplement in a
combustion unit used principally for functions other than waste
management and, for hazardous waste or liquid industrial waste,
the site may include blending or bulking facilities but may not
include facilities for treatment or processing of waste-derived fuel
generated off the site. O. Reg. 322/85, s. 1; O. Reg. 464/85, s. 1;
O. Reg. 460/88, s. 1; O. Reg. 138/90, s. 1; O. Reg. 162/90, s. 1;
O. Reg. 520/90, s. 1.
Designation and Exemption of Wastes
2. The following are designated wastes:
1. Dust suppressant.
2. Inert fill.
3. Processed organic waste.
4. Recyclable material.
5. Rock fill or mill tailings from a mine.
6. Waste-derived fuel.
7. Hazardous waste.
8. Hauled liquid industrial waste.
9. Used tires that have not been refurbished for road use.
10. Stationary refrigerant waste.
11. Mobile refrigerant waste. O. Reg. 322/85, s. 2; O. Reg.
162/90, s. 2; O. Reg. 520/90, s. 2.
3. The following wastes are exempted from Part V of the Act and
this Regulation:
1. Agricultural wastes.
2. Condemned animals or parts thereof at a plant licensed
under the Meal Inspection Act (Ontario) or an establish-
ment operating under the Meat Inspection Act (Canada).
3. Dead animals to which the Dead Animal Disposal Act
applies.
4. Hauled sewage.
5. Inert fill.
6. Rock fill or mill tailings from a mine.
7. Recyclable material. R.R.O. 1980, Reg. 309, s. 3;
O. Reg. 322/85, s. 3.
Classification and Exemption of Waste Disposal Sites
4. Waste disposal sites are classified as follows:
1. Composting sites.
2. Derelict motor vehicle sites.
3. Dumps.
4. Grinding sites.
5. Incineration sites.
6. Landfilling sites.
7. On-site incinerators.
8. On-site garbage grinders.
9. Organic soil conditioning sites.
10. Packing and baling sites.
1 1 . Transfer stations.
12. Existing hospital incinerators.
13. Waste-derived fuel sites.
14. Dust suppression sites.
15. On-site incinerators at the site of a veterinary hospital.
16. Incinerators at the site of a crematorium within the meaning
of the Cemeteries Act.
17. Used tire sites.
18. Stationary refrigerant waste disposal sites.
19. Mobile refrigerant waste disposal sites. R.R.O. 1980,
Reg. 309, s. 4; O. Reg. 464/85, s. 2; O. Reg. 162/90, s. 3;
O. Reg. 520/90, s. 3.
5.— (1) The following waste disposal sites are exempt from Part V
of the Act and this Regulation:
1 . On-site incinerators at the site of a veterinary hospital.
2. On-site garbage grinders.
3. Derelict motor vehicle sites.
4. Incinerators at the site of a crematorium within the meaning
of the Cemeteries Act. R.R.O. 1980, Reg. 309, s. 5;
O. Reg. 322/85, s. 4 (1); O. Reg. 464/85, s. 3 (1).
(2) Dust suppression sites designated in a certificate of approval
or provisional certificate of approval for a dust suppression waste
management system and established and operated in accordance
therewith are exempt from the requirement to have a waste disposal
site certificate of approval or provisional certificate of approval.
O. Reg. 322/85, s. 4 (2).
(3) Waste-derived fuel sites are exempt from the operation of
section 27 of the Act. O. Reg. 464/85, s. 3 (2).
(4) No person shall use waste oil as a dust suppressant. O. Reg.
750/88, s. 1.
6.— (1) For the purposes of subsection (3),
(a) each tire weighing less than twelve kilograms is one tire
unit;
(b) each tire weighing twelve kilograms or more is the number
of tire units that results from dividing twelve into the num-
ber of kilograms that the tire weighs; and
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(c) each twelve kilograms of chipped or shredded tires is a tire
unit.
(2) Steel that has been separated from other components of tires
in the process of chipping or shredding tires shall not be counted for
the purposes of clause (1) (c).
(3) Section 27 of the Act does not apply in respect of a used tire
site if,
(a) there are fewer than 5,000 tire units at the site; and
(b) used or chipped or shredded tires are not incinerated or
buried at the site.
(4) Section 27 of the Act does not apply in respect of a used tire
site before the 1st day of October, 1990 if,
(a) the site was established before the 6th day of April, 1990;
(b) a certificate of approval for the site has not been issued,
refused, suspended or revoked under the Act;
(c) there is no written request by a provincial officer to a per-
son responsible for the site to apply for a certificate of
approval for the site by a date specified in the request that
has not been complied with;
(d) a person responsible for the site has applied, by the 29th
day of June, 1990, for a certificate of approval for the site;
and
(e) a person responsible for the site has, within the time pre-
scribed by subsection (5), submitted,
(i) a fire prevention and control program for the site,
(ii) a security program for the site, and
(iii) a timetable for implementing the programs referred
to in subclauses (i) and (ii).
(5) The material described in clause (4) (e) shall be submitted,
(a) if a request has been made under clause (4) (c), by the date
specified in the request; and
(b) if a request has not been made under clause (4) (c), by the
29th day of June, 1990. O. Reg. 162/90, s. 4.
Classification and Exemption of Waste Management Systems
7. Waste management systems are classified as follows:
1 . Municipal waste management systems.
2. Private waste management systems.
3. Individual collection systems.
4. Hauled liquid and hazardous waste collection systems.
5. Marine craft waste disposal systems.
6. Organic waste management systems.
7. Waste generation facilities.
8. Waste transportation systems.
9. Trucks for hauling used tires.
10. Stationary refrigerant waste management systems.
11. Mobile refrigerant waste management systems. R.R.O.
1980, Reg. 309, s. 6; O. Reg. 322/85, s. 5; O. Reg. 162/90,
s. 5; O. Reg. 520/90, s. 4.
8.— (1) The following waste management systems are exempt
from Part V of the Act and this Regulation:
1 . Individual collection systems.
2. Marine craft waste disposal systems. R.R.O. 1980, Reg.
309, s. 7.
(2) Waste generation facilities are exempt from the requirement
to have a waste management system certificate of approval in respect
of the production, collection, handling and temporary storage of sub-
ject waste. O. Reg. 322/85, s. 6.
(3) Section 27 of the Act does not apply in respect of trucks for
hauling used tires. O. Reg. 162/90, s. 6.
9. The standards, procedures and requirements set out in this
Regulation do not apply to the extent that terms and conditions set
out in a certificate of approval or a provisional certificate of approval
issued under section 39 of the Act impose different standards, proce-
dures or requirements. O. Reg. 322/85, s. 7.
10. No person shall use, operate or establish a waste management
system or waste disposal site or any part of either of them except in
accordance with the applicable prescribed standards. O. Reg.
597/88, s. 1.
Standards for Waste Disposal Srres
11. The following are prescribed as standards for the location,
maintenance and operation of a landfilling site:
1. Access roads and on-site roads shall be provided so that
vehicles hauling waste to and on the site may travel readily
on any day under all normal weather conditions.
2. Access to the site shall be limited to such times as an atten-
dant is on duty and the site shall be restricted to use by per-
sons authorized to deposit waste In the fill area.
3. Drainage passing over or through the site shall not
adversely affect adjoining property and natural drainage
shall not be obstructed.
4. Drainage that may cause pollution shall not, without ade-
quate treatment, be discharged into watercourses.
5. Waste shall be placed sufficiently above or isolated from the
maximum water table at the site in such manner that
impairment of groundwater in aquifers is prevented and
sufficiently distant from sources of potable water supplies
so as to prevent contamination of the water, unless ade-
quate provision is made for the collection and treatment of
leachate.
6. Where necessary to isolate a landfilling site and effectively
prevent the egress of contaminants, adequate measures to
prevent water pollution shall be taken by the construction
of berms and dykes of low permeability.
7. Where there is a possibility of water pollution resulting
from the operation of a landfilling site, samples shall be
taken and tests made by the owner of the site to measure
the extent of egress of contaminants and, if necessary, mea-
sures shall be taken for the collection and treatment of con-
taminants and for the prevention of water pollution.
8. The site shall be located a reasonable distance from any
cemetery.
9. Adequate and proper equipment shall be provided for the
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ENTVIRONMENTAL PROTECTION
Reg./Règl. 347
compaction of waste into cells and the covering of the cells
with cover material.
10. Where climatic conditions may prevent the use of the site at
all times, provisions shall be made for another waste dis-
posal site which can be used during such periods.
11. Where required for accurate determination of input of all
wastes by weight, scales shall be provided at the site or shall
be readily available for use.
provisional certificate of approval made after
the 1st day of January, 1990.
4. The incinerator shall be located,
i. so that it is accessible for the transportation of wastes
thereto without nuisance,
ii. taking into account meteorological considerations to
minimize environmental effects, and
12. All waste disposal operations at the site shall be adequately
and continually supervised.
13. Waste shall be deposited in an orderly manner in the fill
area, compacted adequately and covered by cover material
by a proper landfilling operation.
14. Procedures shall be established for the control of rodents or
other animals and insects at the site.
15. Procedures shall be established, signs posted, and safe-
guards maintained for the prevention of accidents at the
site.
16.
17.
18.
19.
The waste disposal area shall be enclosed to prevent entry
by unauthorized persons and access to the property shall be
by roadway closed by a gate capable of being locked.
A green belt or neutral zone shall be provided around the
site and the site shall be adequately screened from public
view.
Whenever any part of a fill area has reached its limit of fill,
a final cover of cover material shall be placed on the com-
pleted fill and such cover shall be inspected at regular inter-
vals over the next ensuing period of two years and where
necessary action shall be taken to maintain the integrity and
continuity of the cover materials.
Scavenging shall not be permitted.
309, s. 8.
R.R.O. 1980, Reg.
12. The following are prescribed as standards for the location,
maintenance and operation of an incineration site:
1. The location of the incineration site shall be selected so as
to reduce the effects of nuisances, such as dust, noise, and
traffic.
2. Fly-ash that is hazardous waste and that results from the
incineration of waste that is neither hazardous waste nor
liquid industrial waste shall be kept separate from incinera-
tor ash and disposed of or otherwise dealt with separately
from incinerator ash.
3. Fly-ash that is hazardous waste and that results from the
incineration of waste that is neither hazardous waste nor
liquid industrial waste shall only be disposed of at,
i. the TRICIL Limited landfilling site located on Lot 9,
Concession 10, Township of Moore, County of
Lambton, or
ii. a landfilling site authorized to accept fly-ash that is
hazardous waste and that results from the incinera-
tion of waste that is neither hazardous waste nor
liquid industrial waste by the terms of,
A. a certificate of approval or provisional certifi-
cate of approval issued after the 1st day of
January, 1990, or
B. an amendment to a certificate of approval or
iii. so that the services and utilities required for the
operation of the incinerator are available, including
facilities for the disposal of residue and of quenching
and scrubbing water.
5. The design and capacity of the incinerator shall be in accor-
dance with accepted engineering practices and of a type and
size adequate to efficiently process the quantities of waste
that may be expected, so that a minimum volume of residue
is obtained, the putrescible materials remaining as residue
are reduced to a minimum and a minimum of air pollution
results.
6. The following equipment shall be provided as necessary for
particular applications:
i. Scales for the accurate determination of the input of
all wastes by weight.
ii. A storage pit or other storage facilities.
iii. A crane or other means of removing waste from the
pit or other storage facilities.
iv. Means of controlling dusts and odours.
V. Such instruments as may be necessary for the effi-
cient operation of an incinerator.
7. The incineration site shall include an unloading area prop-
erly enclosed and of sufficient size for the intended opera-
tion.
8. Access roads shall be provided for vehicles hauling waste to
the incineration site.
9. On-site fire protection shall be provided and, where possi-
ble, arrangements shall be made with a fire department or
municipality for adequate fire fighting services in case of an
emergency.
10. Scavenging shall not be permitted. R.R.O. 1980, Reg.
309, s. 9; O. Reg. 138/90, s. 2.
13. The following are prescribed as standards for the location,
maintenance and operation of a dump:
1. The fill area shall not be subject to flooding and shall be so
located that no direct drainage leads to a watercourse.
2. The site shall be at least one-quarter of a mile from the
nearest dwelling.
3. The site shall be at least two hundred yards from the near-
est public road.
4. The site shall be at least 100 feet from any watercourse,
lake or pond.
5. The site shall not be on land covered by water.
6. Signs shall be posted staling requirements for the operation
of the dump, including measures for the control of vermin
and insect infestation.
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Reg./Règl. 347
The site shall be so located and operated as to reduce to a
minimum the hazards resulting from fire.
The operator of a dump shall apply such cover material at
such intervals as is necessary to prevent harm or material
discomfort to any person.
9. Scavenging shall not be permitted.
309, s. 10.
R.R.O. 1980, Reg.
14.— (1) Subject to subsection (2), no dump shall be established
or operated in a city, borough, town, separated town, township, vil-
lage or police village in any county, regional municipality or the
County of Haliburton.
(2) A dump may be established in the following parts of Ontario:
1. The townships of Albemarle, Eastnor, Lindsay and St.
Edmunds, in the County of Bruce.
2. The townships of Barrie, Bedford, Clarendon and Miller,
Howe Island, Kennebec, Olden and Palmerston and North
and South Canonto, in the County of Frontenac.
3. The townships of Bangor, Wicklow and McClure, Carlow,
Dungannon, Elzevir and Grimsthorpe, Herschel, Limerick,
Madoc, Marmora and Lake, Mayo, Monteagle, Tudor and
Cashel, and Wollaston, in the County of Hastings.
. 4. The townships of Dalhousie and North Sherbrooke, Dar-
ling, Lavant, North Burgess, and South Sherbrooke, in the
County of Lanark.
5. The townships of Asphodel, Belmont and Methuen, Chan-
dos, Ennismore, Galway and Cavendish, and Harvey, in
the County of Peterborough.
6. The townships of Bagol and Blithfield, Brougham, Brude-
nell and Lyndoch, Griffith and Matawatchan, Head, Clara,
and Maria, North Algona, Radcliffe, Raglan, Sebastopol,
and South Algona, in the County of Renfrew.
7. The townships of Garden, Dalton, and Laxton, Digby and
Longford, in the County of Victoria.
8. The Improvement District of Bicroft, the townships of
Anson, Hindon and Minden, Cardiff, Dysart, Bruton,
Clyde, Dudley, Eyre, Guilford, Harburn, Harcourt and
Havelock, Glamorgan, Lutterworth, Monmouth, Sher-
borne, McClintock and Livingstone, and Snowdon and
Stanhope, in the County of Haliburton.
(3) No dump shall be established or operated in the following
parts of the territorial districts of Ontario:
1. The City of Sault Ste. Marie, the towns of Blind River,
Bruce Mines, Thessalon and Elliot Lake, and the villages of
Hilton Beach and Iron Bridge, in the Territorial District of
Algoma.
2. The City of Timmins, the towns of Cochrane, Hearst, Iro-
quois Falls, Kapuskasing and Smooth Rock Falls, and the
townships of Glackmeyer, Tisdale and Whitney, in the Ter-
ritorial District of Cochrane.
3. The towns of Dryden, Keewatin, Kenora, and Sioux Look-
out, and the townships of Jaffray and Melick, in the Terri-
torial District of Kenora.
4. The towns of Gore Bay and Little Current, in the Territo-
rial District of Manitoulin.
5. That part of the District Municipality of Muskoka that, on
the 31st day of December, 1970, was the towns of Bala,
Bracebridge, Gravenhurst and Huntsville, and the villages
of Port Carling, Port Sydney and Windermere.
6. The City of North Bay, the towns of Cache Bay, Mattawa
and Sturgeon Falls, and the townships of Bonfield, East
Ferris, Field and Springer, in the Territorial District of Nip-
issing.
7. The towns of Kearney, Parry Sound, Powassan and Trout
Creek, the villages of Burk's Falls, Magnetawan, Rosseau,
South River and Sundridge, and the townships of Foley,
McDougall, North Himsworth, and South Himsworth, in
the Territorial District of Parry Sound.
8. The towns of Fort Frances and Rainy River, and the Town-
ship of Atikokan, in the Territorial District of Rainy River.
9. That part of The Regional Municipality of Sudbury and the
Territorial District of Sudbury that, on the 31st day of
December, 1972, was the City of Sudbury, the towns of
Capreol, Coniston, Copper Cliff, Espanola, Levack,
Lively, Massey and Webbwood, and the townships of Bal-
four, Falconbridge, and Neelon and Garson, in the Territo-
rial District of Sudbury.
10. The City of Thunder Bay, the Town of Geraidton and the
townships of Beardmore, Manitowadge, Neebing, Nipigon,
Oliver, Paipoonge, Schreiber, Shuniah, and Terrace Bay,
and the improvement districts of Nakina and Red Rock, in
the Territorial District of Thunder Bay.
11. The towns of Charlton, Cobalt, Englehart, Haileybury,
Kirkland Lake, Latchford, and New Liskeard, the Village
of Thornloe, and the townships of Armstrong, Bucke,
Larder Lake and McGarry, in the Territorial District of
Timiskaming. R.R.O. 1980, Reg. 309, s. 11.
15. The following are prescribed as standards for the location,
maintenance and operation of an organic soil conditioning site:
1. The site shall be so located that it is an adequate distance
from any watercourse, as determined by the land slope, to
prevent direct surface drainage to the watercourse.
2. The site shall be at least 300 feet from the nearest individual
dwelling.
3. The site shall be at least 1,500 feet from any area of residen-
tial development.
4. The site shall be so located that the maximum level of the
ground water table at the site is at a sufficient distance
below the surface to prevent the impairment of ground
water in aquifers as determined by the permeability of the
soil.
5. The site shall be at least 300 feet from any water wells.
6. No processed organic waste shall be applied to the site dur-
ing any period in which conditions are such that surface
runoff is likely to occur taking into account land slope, soil
permeability and the climatic conditions of the area.
7. The site shall be established only on land that is, or is
intended to be, used for pasture, fallow or the growing of
forage crops,
i. during the current growing season, or
ii. where application of the processed organic waste is
made sometime after the current growing season, to
the end of the subsequent growing season.
8. Berms and dykes of low permeability shall be constructed
on the site where necessary to isolate the site and effectively
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Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
prevent the egress of contaminants.
309, s. 12.
R.R.O. 1980, Reg.
Standards for Waste Management Systems
16. The following are prescribed as standards for the operation of
a waste management system:
1. All waste collection vehicles and waste carriers shall be so
constructed as to enable waste to be transferred safely and
without nuisance from storage containers to the vehicle.
2. Bodies of waste collection vehicles and waste carriers shall
be so constructed as to withstand abrasion and corrosion
from the waste.
3. Bodies of waste collection vehicles and waste carriers shall
be leakproof and covered where necessary to prevent the
emission of offensive odours, the falling or blowing of waste
material from the vehicles or the release of dust or other
air-borne materials that may cause air pollution.
4. Valves that are part of a waste transportation vehicle used
for transporting liquid industrial waste or hazardous waste
shall have a locking mechanism and shall be locked when
the vehicle contains the waste and the driver of the vehicle
is not in attendance.
5. Whenever liquid industrial waste or hazardous waste is
being transferred to or from a waste transportation vehicle,
the driver of the vehicle must be present unless the genera-
tor or receiver is present.
6. A waste transportation vehicle used for transporting liquid
industrial waste or hazardous waste shall be clearly marked
with the name and number appearing on the certificate of
approval or provisional certificate of approval that autho-
rizes the transportation.
7. Where a waste transportation vehicle is used for transport-
ing liquid industrial waste or hazardous waste, a copy of the
certificate of approval or provisional certificate of approval
that authorizes that transportation shall be kept in the
vehicle.
8. A waste transportation vehicle used for transporting liquid
industrial waste or hazardous waste shall be constructed,
maintained, operated and marked or placarded in accor-
dance with the applicable requirements of the
Transportation of Dangerous Goods Act (Canada).
9. The driver of a waste transportation vehicle used for the
transportation of liquid industrial waste or hazardous waste
shall be trained in.
1. No person shall cause or permit asbestos waste to leave the
location at which it is generated except for the purpose of
transporting it, in accordance with paragraph 2, to a waste
disposal site, the operator of which has agreed to accept it
and has been advised as to its anticipated time of arrival.
2. Asbestos waste transported to a waste disposal site shall,
i. be in a rigid, impermeable, sealed container of suffi-
cient strength to accommodate the weight and
nature of the waste, or
ii. where the asbestos waste is being transported in
bulk, be transported by means of a waste manage-
ment system operating under a certificate of
approval or provisional certificate of approval that
specifically authorizes the transportation of asbestos
waste in bulk.
3. Where a container referred to in subparagraph i of para-
graph 2 is a cardboard box, the waste must be sealed in a
six-mil polyethylene bag placed within the box.
4. Every container referred to in subparagraph i of paragraph
2 must be free from punctures, tears or leaks.
5. The external surfaces of every container referred to in sub-
paragraph i of paragraph 2 and of every vehicle or vessel
used for the transport of asbestos waste must be free from
asbestos waste.
6. Both sides of every vehicle used for the transportation of
asbestos waste and every container referred to in subpara-
graph i of paragraph 2 must display thereon in large, easily
legible letters that contrast in colour with the background
the word "CAUTION" in letters not less than ten centime-
tres in height and the words:
CONTAINS ASBESTOS FIBRES
Avoid Creating Dust and Spillage
Asbestos May be Harmful To Your Health
Wear Approved Protective Equipment.
7. Asbestos waste being transported from the location at
which it is generated,
i. shall be transported,
A. by a driver trained in the management of
asbestos waste.
i. the operation of the vehicle and waste management
equipment,
ii. relevant waste management legislation, regulations
and guidelines,
iii. major environmental concerns pertaining to the
waste to be handled,
iv. occupational health and safety concerns pertaining
to the waste to be handled, and
B. as directly as may be practicable, to the waste
disposal site at which disposal of the asbestos
waste is intended to take place,
ii. shall not be transferred to a transfer station or other
waste disposal site where disposal of the asbestos
waste will not take place, but it may be transported
to a waste disposal site operating under a certificate
of approval or provisional certificate of approval that
specifically authorizes acceptance and processing of
asbestos waste.
V. emergency management procedures for the wastes to
be handled. R.R.O. 1980, Reg. 309, s. 13;
O. Reg. 322/85, s. 8.
Management of Asbestos Waste
17. No person shall manage asbestos waste except in accordance
with the following:
iii. shall not be transported with any other cargo in the
same vehicle,
iv. shall not be transported in a compaction type waste
haulage vehicle,
V. where it is being transported in cardboard boxes,
shall be in an enclosed vehicle.
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Reg./Règl. 347
vi. shall be properly secured and covered with a suitable
tarpaulin or net if it is transported in a vehicle that is
not enclosed, and
vii. shall be transported only in vehicles equipped with
emergency spill cleanup equipment including a
shovel, a broom, wetting agent, protective clothing,
a supply of six-mil polyethylene bags, bag closures
and personal respiratory equipment.
8. During the transportation or unloading thereof, any asbes-
tos waste that is loose or in a container that is punctured,
broken or leaking shall be packaged, immediately on dis-
covery, in a six-mil polyethylene bag.
9. Where containers of asbestos waste are being unloaded, the
unloading shall be carried out so that no loose asbestos or
punctured, broken or leaking containers of asbestos waste
are landfilled.
10. Asbestos waste may be deposited only at locations in a
landfllling site that have been adapted for the purpose of
receiving asbestos waste or are otherwise suitable for that
purpose.
11. Asbestos waste may be deposited at a landfilling site only
while the depositing is being supervised by the operator of
the site or a person designated by the operator for the pur-
pose and the person supervising is not also operating
machinery or the truck involved.
12. Where asbestos waste is deposited, as set out in paragraph
10, at least 125 centimetres of garbage or cover material
must be placed forthwith over the deposited asbestos waste
in such a manner that direct contact with compaction equip-
ment or other equipment operating on the site is avoided.
13. Every person handling asbestos waste or containers of
asbestos waste, supervising the unloading of asbestos waste
in bulk or cleaning asbestos waste residues from containers,
vehicles or equipment shall wear protective clothing and
personal respiratory equipment while so doing.
14. Protective clothing that has been or is suspected of having
been in contact with asbestos waste shall be changed at the
site of the exposure and either properly disposed of as
asbestos waste or washed at the end of the working day.
15. Disposable protective clothing shall not be reused.
16. Every person directly or indirectly involved in the transpor-
tation, handling or management of asbestos waste shall take
all precautions necessary to prevent asbestos waste from
becoming airborne. O. Reg. 175/83, s. 3; O. Reg. 597/88,
s. 2.
Generator Registration
18.— (1) Every generator shall submit an initial Generator Regis-
tration Report in Form 2 to the Director in respect of the waste gen-
eration facility and each subject waste the generator produces, col-
lects, handles or stores or is likely to produce, collect, handle or
store.
(2) Every report referred to in subsection (1) or (4) shall contain
such data, analysis and information as will enable the Director to sat-
isfy himself or herself as to the quality and nature of the waste.
(3) Upon receipt of an initial Generator Registration Report, the
Director shall issue to the generator a generator registration docu-
ment with a generator registration number and the applicable waste
numbers accepted by the Director.
(4) Where there is a change from the information submitted in
the initial Generator Registration Report or any previous supple-
mentary Generator Registration Reports in respect of name,
address, or telephone number, addition of subject wastes or signifi-
cant change in the description or physical or chemical characteristics
of the subject wastes, the generator who submitted the applicable
report shall send a supplementary Generator Registration Report to
the Director within fifteen days after the change.
(5) No generator shall transfer a particular subject waste to a
waste transportation system until the generator has obtained a gener-
ator registration document with a waste number for that waste.
(6) If a change that is required to be reported by subsection (4)
involves the variation of a subject waste or the production, collec-
tion, handling or storage of a new subject waste, the generator shall
not transfer the subject waste to a waste transportation system until
the reissue of the generator registration document specifically
addressing the change has been obtained.
(7) Every generator shall use the generator registration number
and applicable waste numbers in all transfers of subject waste under
this Regulation.
(8) Every generator shall keep a record of the subject waste dis-
posed of at the waste generation facility including the name, waste
number, quantity and disposition of the waste.
(9) A record referred to in subsection (8) may be disposed of
after two years.
(10) When any subject waste is retained at a waste generation
facility for a period longer than three months, the generator, unless
there is a waste disposal site certificate of approval or provisional
certificate of approval in respect of the facility, shall submit a report
to the Regional Director of the Ministry within five business days
after the three month period which report shall include the name and
waste number of the waste, the quantity involved, the manner in
which it is stored, the reasons for the retention and the anticipated
time and manner of disposal of the waste.
(11) Every generator who transfers subject waste to a waste
transportation system shall orally report to the Director any transfer-
red subject waste that the generator is not able, within four weeks, to
confirm was delivered to the intended receiving facility or to another
receiving facility approved to accept the waste.
(12) In unusual circumstances, such as a spill, a process aberra-
tion or upset, or the circumstances described in subsection 22 (2),
where a generator discovers that a generator registration number or
a waste number is needed to comply with this Regulation in the dis-
posal of subject waste, the Regional Director of the Ministry or an
alternate named by him or her may assign a generator registration
number or accept a waste number identified by the generator.
(13) Where a generator registration number is assigned under
subsection (12), subsection (5) does not apply and subsections (1)
and (2) shall be complied with within ninety days.
(14) Where a waste number is accepted under subsection (12),
subsections (5) and (6) do not apply. O. Reg. 322/85, s. 9, part.
(15) For purposes of this section,
(a) "liquid waste" means waste that has a slump of more than
150 millimetres using the Test Method for the Determina-
tion of Liquid Waste (slump test); and
(b) "subject waste" includes waste producing leachate contain-
ing any of the contaminants listed in Schedule 4 at a concen-
tration between ten and one hundred times that specified in
the Schedule when tested using the Leachate Extraction
Procedure or an equivalent test method approved by the
Director but does not include such waste if it is produced in
any month in an amount less than twenty-five kilograms or
accumulated in an amount less than twenty-five kilograms.
O. Reg. 322/85, s. 9, part; O. Reg. 464/85, s. 5.
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Reg./Règl. 347
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Reg./Règl. 347
Manifests— Generator Requirements
19.— (1) No generator shall permit subject waste to pass from the
generator's control or to leave the waste generation facility except,
(a) by transfer of the subject waste to a waste transportation
system operating under a certificate of approval or provi-
sional certificate of approval and where the generator has
completed a manifest in respect of the waste in accordance
with this Regulation; or
(b) by direct discharge to a sewage works subject to the Ontario
Water Resources Act or established before the 3rd day of
August, 1957 or to a sewage system as defined in Part VIII
of the Environmental Protection Act. O. Reg. 464/85,
s. 6.
(2) No generator shall transfer subject waste to a waste transpor-
tation system unless the subject waste is so packaged or marked that
it meets the transport requirements of the Transporation of Danger-
ous Goods Act (Canada). O. Reg. 322/85, s. 9, pari.
Manifests— Carrier Requirements
20. Every carrier shall report to the Director the number of every
intact manifest supplied to the carrier that is lost, spoiled or used
other than in accordance with this Regulation. O. Reg. 322/85,
s. 9, pari.
21.— (1) No carrier shall have possession of subject waste unless
the carrier has, accompanying the waste, a manifest in respect of the
waste, completed by the generator in accordance with this Regula-
tion, except during a transfer while the manifest is being completed
by a generator or receiver.
(2) For purposes of subsection (1), a manifest is not completed by
a generator in accordance with this Regulation if it contains an obvi-
ous error. O. Reg. 322/85, s. 9, pari.
22.— (1) No carrier shall permit subject waste to pass from the
carrier's control except in accordance with this Regulation.
O. Reg. 322/85, s. 9, pari.
(2) A carrier, with the specific approval of a Regional Director of
the Ministry or an alternate named by him or her, may transfer sub-
ject waste in Ontario to another vehicle in the same waste transpor-
tation system or to a waste transportation system operating under a
certificate of approval or provisional certificate of approval or to a
receiving facility to alleviate a dangerous situation. O. Reg. 322/85,
s. 9, pari; O. Reg. 464/85, s. 7.
(3) Where a truckload or less of subject waste has been transfer-
red by a generator to a waste transportation system, the carrier shall
promptly transport the waste to the receiving facility named in the
manifest related to that load unless the carrier is permitted to do oth-
erwise by subsection (2) or section 27. O. Reg. 322/85, s. 9, pari.
Manifests— Transport Within Ontario
23.— (1) This section applies where a generator transfers subject
waste in Ontario to a waste transportation system for transport to a
receiving facility in Ontario and, for the purpose of this section,
"generator" includes a carrier to whom subsection 22 (2) applies.
(2) Where subject waste is transferred to a waste transportation
system by a generator,
(a) for each truckload or part thereof transferred, the carrier
shall complete section B (Carrier) of an intact manifest and
give the manifest, at the time of the transfer, to the genera-
tor; and
(b) for each truckload or part thereof transferred, the genera-
tor shall obtain from the carrier the intact manifest, with
section B completed, and shall.
(i) at the time of the transfer, complete section A (Gen-
erator),
(ii) remove Copy 1 (White) and return it to the Director
within three working days after the transfer,
(iii) remove Copy 2 (Green) and retain it for a period of
two years, and
(iv) return the remaining four copies of the manifest to
the carrier at the time of the transfer.
(3) A carrier may transfer subject waste,
(a) with the specific approval of a Regional Director of the
Ministry or an alternate named by him or her, to another
vehicle of the same waste transportation system, to a waste
transportation system operating under a certificate of
approval or provisional certificate of approval or to a speci-
fied receiving facility as mentioned in clause (b), (c) or (d)
to alleviate a dangerous situation;
(b) to a waste disposal site operating under a certificate of
approval or provisional certificate of approval authorizing
acceptance of the waste;
(c) with the consent of the owner of the sewage works, to a
sewage works for which an approval under the Ontario
Water Resources Act has been issued and that is not in con-
travention of the approval; or
(d) to a waste-derived fuel site having a combustion unit oper-
ating under a certificate of approval issued under section 9
of the Act authorizing acceptance and combustion of the
waste.
(4) Every carrier transferring waste under subsection (3) shall, at
the time of the transfer, give the receiver the remaining four parts of
the applicable manifest completed for that load of waste.
(5) Where a transfer of subject waste takes place under subsec-
tion (3), the receiver shall obtain from the carrier the remaining four
parts of the manifest completed for that load and shall,
(a) at the time of the transfer, complete section C (Receiver) of
the remaining four parts of the manifest;
(b) remove Copy 3 (Yellow) of the manifest and return it to the
Director within three working days after the transfer;
(c) remove Copy 4 (Pink) of the manifest and return it to the
carrier at the time of the transfer;
(d) retain Copy 5 (Blue) of the manifest for two years; and
(e) remove Copy 6 (Brown) of the manifest and return it to the
generator shown on the manifest within three working days
after the transfer.
(6) Every carrier transferring waste under subsection (3) shall,
prior to leaving the site of the transfer, obtain from the receiver of
the waste Copy 4 (Pink) of the manifest referred to under clause
(5) (c) and shall retain it for a period of two years.
(7) Every carrier who is the operator of a waste transportation
system for which a certificate of approval or provisional certificate of
approval as a dust suppression waste management system is issued
may deposit for the purpose of dust suppression, in accordance with
the approval, dust suppressant at a dust suppression site designated
in the approval and, where that is done, shall,
(a) at the time of completion of the deposit, complete section C
(Receiver) of the remaining four parts of the applicable
manifest received under subclause (2) (b) (iv);
602
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
(b) remove Copy 3 (Yellow) of the manifest and return it to the
Director within three working days after the deposit;
(c) retain Copy 4 (Pink) of the manifest for two years; and
(d) remove Copy 6 (Brown) of the manifest and return it to the
generator shown on the manifest within three working days
after the deposit. O. Reg. 322/85, s. 9, port.
Manifests— Transport out of Ontario
24.— (1) This section applies where a generator transfers subject
waste in Ontario to a waste transportation system for transport to a
receiving facility outside Ontario.
(2) Where subject waste is transferred for transport to a receiving
facility in a Canadian jurisdiction, a manifest issued under the
Transportation of Dangerotts Goods Act (Canada) or an equivalent
manifest issued by a Canadian jurisdiction may be used for purposes
of compliance with this Regulation.
(3) Where subject waste is transferred for transport to a receiving
facility in a Canadian jurisdiction and the laws of that jurisdiction
require submission to authorities in that jurisdiction of the equivalent
of Copy 1 or 3 of a manifest, submission to the Director of a photo-
copy of the copy submitted or of a copy retained may be substituted
for the requirement to submit Copy 1 or 3 of a manifest.
(4) Where subject waste is transferred to a waste transportation
system by a generator,
(a) for each truckload or portion thereof transferred, the car-
rier shall complete section B (Carrier) of an intact manifest
and give the manifest, at the time of the transfer, to the
generator; and
(b) for each truckload or portion thereof transferred, the gen-
erator shall obtain from the carrier the intact manifest, with
section B completed, and shall,
(i) at the time of the transfer, complete section A (Gen-
erator),
(ii) remove Copy 1 (White) and return it to the Director
within three working days after the transfer,
(iii) remove Copy 2 (Green) and retain it for two years,
and
(iv)
return the remaining four copies of the manifest to
the carrier at the time of the transfer.
(5) No carrier shall transport subject waste out of Ontario des-
tined for a receiving facility outside Ontario unless the carrier has
reason to believe the intended receiver is willing to complete section
C (Receiver) of the applicable manifest completed for that load of
waste.
(6) Every carrier transferring subject waste to a receiving facility
outside Ontario shall, at the time of the transfer, give the receiver
the remaining four parts of the applicable manifest for completion of
section C (Receiver).
(7) Every carrier who transfers waste under subsection (6) shall,
(a) return Copy 3 (Yellow) of the manifest to the Director
within three working days after the transfer;
(b) retain Copy 4 (Pink) of the manifest for two years; and
(c) remove Copy 6 (Brown) of the manifest and return it to the
generator indicated on the manifest within three working
days after the transfer.
(8) Every manifest referred to in subsection (7) shall have section
C (Receiver) completed by the receiver. O. Reg. 322/85, s. 9, part.
Manifests— Transport into Ontario
25.— (1) This section applies where subject waste is transferred
outside Ontario to a waste transportation system for transport to a
receiving facility in Ontario.
(2) Where subject waste is transferred in Canada for transport to
a receiving facility in Ontario, a manifest under the Transportation of
Dangerous Goods Act (Canada) or any equivalent manifest issued by
a Canadian jurisdiction may be used for purposes of compliance with
this Regulation.
(3) No carrier shall bring subject waste into Ontario for purposes
of transport to a receiving facility in Ontario unless,
(a) the waste was accepted from a generator who has a genera-
tor registration document specifying a generator registra-
tion number and the applicable waste numbers under sec-
tion 18 unless section 18 does not apply to that generator;
(b) for each truckload or portion thereof to be transferred, the
carrier completed section B (Carrier) of an intact manifest
and gave it, at the time of the transfer, to the generator for
completion of section A (Generator) and return to the car-
rier; and
(c) the applicable manifest with section B (Carrier) completed
by the carrier and section A (Generator) completed by the
generator accompanies the waste.
(4) Every carrier who brings subject waste into Ontario for trans-
fer to a receiving facility in Ontario shall forward to the Director,
within three working days after the out of province transfer. Copy
1 (White) of the applicable manifest showing the generator registra-
tion number and the applicable waste number.
(5 ) A carrier may transfer subject waste,
(a) to a waste disposal site operating under a certificate of
approval or provisional certificate of approval authorizing
acceptance of the waste;
(b) with the consent of the owner of the sewage works, to a
sewage works for which an approval under the Ontario
Water Resources Act has been issued, and that is not in con-
travention of the approval; or
(c) to a waste-derived fuel site having a combustion unit oper-
ating under a certificate of approval issued under section 9
of the Act authorizing acceptance and combustion of the
waste.
(6) Every carrier transferring waste under subsection (5) shall, at
the time of the transfer, give the receiver the remaining four parts of
the applicable manifest completed in respect of the waste.
(7) Where a transfer of subject waste takes place under subsec-
tion (5), the receiver shall obtain from the carrier the remaining four
parts of the manifest completed in respect of that load of waste and
shall,
(a) at the time of the transfer, complete section C (Receiver) of
the remaining four parts of the manifest;
(b) remove Copy 3 (Yellow) of the manifest and return it to the
Director within three working days after the transfer;
(c) remove Copy 4 (Pink) of the manifest and return it to the
carrier at the time of the transfer;
(d) retain Copy 5 (Blue) of the manifest for two years; and
603
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
(e) remove Copy 6 (Brown) of the manifest and return it to the
generator shown on the manifest within three working days
after the transfer.
(8) Every carrier who has transferred waste under subsection (5)
shall, prior to leaving the site of the transfer, obtain from the
receiver Copy 4 (Pink) of the applicable manifest and shall retain it
for two years.
(9) Every carrier who is the operator of a waste transportation
system for which a certificate of approval or provisional certificate of
approval as a dust suppression waste management system is issued
may deposit for the purpose of dust suppression, in accordance with
the approval, dust suppressant at a dust suppression site designated
in the approval and, where that is done, shall,
(a) at the time of completion of the deposit, complete section C
(Receiver) of the remaining four parts of the manifest
accompanying the waste;
(b) remove Copy 3 (Yellow) of the manifest and return it to the
Director within three working days after the deposit;
(c) retain Copy 4 (Pink) of the manifest for two years; and
(d) remove Copy 6 (Brown) of the manifest and return it to the
generator shown on the manifest within three working days
after the deposit. O. Reg. 322/85, s. 9, part.
Manifests— Transport Through Ontario
26.— (1) No carrier shall transport through Ontario subject waste
from outside Ontario for transfer to a receiving facility outside
Ontario unless the generator has with the waste, for each truckload
or portion thereof, a manifest completed in accordance with the
requirements of the jurisdiction issuing the manifest.
(2) Where this section applies, a manifest issued under the
Transportation of Dangerous Goods Act (Canada) or an equivalent
manifest issued by a Canadian jurisdiction or a Uniform Hazardous
Waste Manifest as prescribed by the United States Environmental
Protection Agency may be used for purposes of compliance with this
Regulation. O. Reg. 322/85 s. 9, part.
Refusals
27.— (1) A receiver who refuses to accept a transfer of subject
waste shall prepare a refusal report indicating the manifest number,
the generator registration number, the carrier number and the rea-
son for refusal and return it to the Director within three working
days after the refusal.
(2) Where a carrier intends to transfer subject waste to a receiv-
ing facility and the waste is refused by the intended receiver, the car-
rier, before attempting to make a different transfer, shall consult and
obtain the instructions of the generator, unless written instructions
have been provided by the generator in advance and may transfer the
waste to a receiving facility indicated in the instructions.
(3) If waste is refused by the intended receiver at the receiving
facility and if the carrier cannot conveniently make a different trans-
fer in accordance with this Regulation, the carrier may transfer the
unadulterated waste to the waste generation facility set out in section
A (Generator) of the applicable manifest and the carrier shall, at the
time of the transfer, give the generator four parts of the applicable
manifest completed by the generator in accordance with this Regula-
tion.
(4) Every generator shall accept a transfer of unadulterated sub-
ject waste in the circumstances described in subsection (3).
(5) Where a transfer of subject waste occurs under subsection
(3), the generator shall obtain from the carrier the remaining four
parts of the applicable manifest completed by the generator in accor-
dance with this Regulation and shall.
(a) at the time of the transfer, complete section C (Receiver) of
the remaining four parts of the manifest;
(b) return Copy 3 (Yellow) to the Director within three work-
ing days after the transfer;
(c) return Copy 4 (Pink) to the carrier at the time of the trans-
fer; and
(d) retain Copy 6 (Brown) for two years.
(6) Every carrier who has transferred waste under subsection (3)
shall, prior to leaving the site of the transfer, obtain from the
receiver Copy 4 (Pink) of the applicable manifest and shall retain it
for two years.
(7) A waste generation facility is exempt from the requirement of
a waste disposal site certificate of approval under section 27 of the
Act in respect of an acceptance of waste under this section.
O. Reg. 322/85, s. 9, part.
On-Site Incinerators
28.— (1) On-site incinerators are exempt from the operation of
section 27 of the Act on condition that no hazardous waste or liquid
industrial waste is incinerated therein.
(2) On-site incinerators are exempt from the requirement of
being the subject-matter of a hearing under subsection 30 (1) of the
Act. O. Reg. 464/85, s. %,part.
Existing Hospital Incinerators
29.— (1) Existing hospital incinerators are exempt from the opera-
tion of section 27 of the Act in respect of their establishment, use and
operation.
(2) The exemption granted in subsection (1) in respect of any
incinerator within the class is conditional on a submission being
made, in respect of the incinerator, to the Director, before the end of
March in each year, of a report on the preceding year ending with
the 31st day of December setting out a summary of the source,
nature and quantity of waste incinerated therein and a professional
assessment of the extent of compliance with Regulation 346 of
Revised Regulations of Ontario, 1990 in the operation of the
incinerator. O. Reg. 464/85, s. &,part.
Stationary Refrigerant Waste
30.— (1) A stationary refrigerant waste collector that collects sta-
tionary refrigerant waste shall,
(a) recycle it for use in air-conditioning units, refrigerators or
freezers; or
(b) transport it to,
(i) a wholesale dealer in refrigerants,
(ii) a stationary refrigerant waste recycler, or
(iii) a stationary refrigerant waste disposal site with a cer-
tificate of approval or provisional certificate of
approval to handle stationary refrigerant waste.
(2) A wholesale dealer in refrigerants that receives stationary
refrigerant waste shall transport it to,
(a) a stationary refrigerant waste recycler; or
(b) a stationary refrigerant waste disposal site with a certificate
of approval or provisional certificate of approval to handle
stationary refrigerant waste.
(3) A stationary refrigerant waste recycler that receives station-
604
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
ary refrigerant waste shall recycle it for use in air-conditioning units,
refrigerators or freezers. O. Reg. 520/90, s. 5, pari.
31.— (1) A stationary refrigerant waste collector shall keep a writ-
ten record each time that stationary refrigerant waste is,
(a) removed and collected, at the stationary refrigerant waste
collector's ordinary place of business, from equipment in
which refrigerant is used;
(b) received at the stationary refrigerant waste collector's ordi-
nary place of business, after being removed and collected at
another location from equipment in which refrigerant is
used; or
(c) transported from or recycled at the stationary refrigerant
waste collector's ordinary place of business.
(2) A wholesale dealer in refrigerants shall keep a written record
each time that it receives or transports stationary refrigerant waste.
(3) A stationary refrigerant waste recycler shall keep a written
record each time that it receives or recycles stationary refrigerant
waste.
(4) A record made under this section shall show,
(a) the date the stationary refrigerant waste was collected,
received, transported or recycled;
(b) the source of the stationary refrigerant waste;
(c) the quantity collected, received, transported or recycled;
(d) the type of stationary refrigerant waste; and
(e) what was done with the stationary refrigerant waste.
(5) A record made under this section may be disposed of after
two years.
(6) Every stationary refrigerant waste collector that recycles sta-
tionary refrigerant waste at its ordinary place of business and every
stationary refrigerant waste recycler shall,
(a) before the 30th day of September in each year, provide to
the Director a summary in the form provided by the Minis-
try of all records made under subsection (1) or (3) during
the six-month period ending on the 30th day of June of that
year; and
(b) before the 31st day of March of each year, provide to the
Director a summary in the form provided by the Ministry of
all records made under subsection (1) or (3) during the six-
month period ending on the 31st day of December of the
preceding year. O. Reg. 520/90, s. 5, part.
32.— (1) A stationary refrigerant waste disposal site that is the
ordinary place of business of a stationary refrigerant waste collector
or that is operated by a wholesale dealer in refrigerants is exempt
from section 27 of the Act if,
(a) access to stationary refrigerant waste is controlled by gates,
fencing, attendants or other security measures;
(b) containers in which stationary refrigerant waste is stored
are clearly marked as to contents;
(c) stationary refrigerant waste is stored in a location and man-
ner that prevents damage or deterioration;
(d) stored stationary refrigerant waste is readily accessible for
inspection by a provincial officer;
(e) there is available, at or near the site, firefighting equipment
and spill clean-up and containment equipment appropriate
to the quantities and types of stationary refrigerant waste
on or likely to be on the site; and
(f) written notice is given to the Director within ninety days
after the establishment of the site, specifying the location of
the site and the quantities and types of stationary refriger-
ant waste on or likely to be on the site.
(2) A stationary refrigerant waste disposal site is exempt from
section 27 of the Act if,
(a) stationary refrigerant waste is removed and collected on the
site from equipment in which refrigerant is used; and
(b) the site is not the ordinary place of business of the station-
ary refrigerant waste collector. O. Reg. 520/90, s. 5, part.
33. A stationary refrigerant waste management system is exempt
from section 27 of the Act if all stationary refrigerant waste disposal
sites used in the system are,
(a) exempt from section 27 of the Act; or
(b) established and operated in accordance with a certificate of
approval or provisional certificate of approval under Part V
of the Act. O. Reg. 520/90, s. 5, part.
34. Section 18 does not apply in respect of subject waste that is
stationary refrigerant waste unless,
(a) a stationary refrigerant waste collector transports stationary
refrigerant waste directly from the waste generation facility
to,
(i) a stationary refrigerant waste recycler, or
(ii) a stationary refrigerant waste disposal site with a cer-
tificate of approval or provisional certificate of
approval to handle stationary refrigerant waste; or
(b) the waste generation facility is operated by a wholesale
dealer in refrigerants. O. Reg. 520/90, s. 5, part.
35. Section 19 and sections 21 to 27 do not apply in respect of sub-
ject waste that is stationary refrigerant waste being managed in
accordance with section 27. O. Reg. 520/90, s. 5, part.
Mobile Refrigerant Waste
36.— (1) On and after the 1st day of July, 1991, no person shall
discharge or permit the discharge of mobile refrigerant waste into the
natural environment.
(2) On and after the 1st day of July, 1991, a person who removes
mobile refrigerant waste from equipment in which refrigerant is used
shall collect the mobile refrigerant waste. O. Reg. 520/90, s. 5,
part.
37.— (1) A mobile refrigerant waste collector that collects mobile
refrigerant waste shall,
(a) recycle it for use in air-conditioning units, refrigerators or
freezers; or
(b) transport it to,
(i) a mobile refrigerant waste recycler, or
(ii) a mobile refrigerant waste disposal site with a certifi-
cate of approval or provisional certificate of
approval to handle mobile refrigerant waste.
(2) A mobile refrigerant waste recycler that receives mobile
605
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
refrigerant waste shall recycle it for use in air-conditioning units,
refrigerators or freezers. O. Reg. 520/90, s. 5, part.
38.— (1) A mobile refrigerant waste collector shall keep a written
record each time that mobile refrigerant waste is,
(a) removed and collected, at the mobile refrigerant waste col-
lector's ordinary place of business, from equipment in
which refrigerant is used;
(b) received at the mobile refrigerant waste collector's ordinary
place of business, after being removed and collected at
another location from equipment in which refrigerant is
used; or
(c) transported from or recycled at the mobile refrigerant waste
collector's ordinary place of business.
(2) A mobile refrigerant waste recycler shall keep a written
record each time that it receives or recycles mobile refrigerant waste.
(3) A record made under this section shall show,
(a) the date the mobile refrigerant waste was collected, trans-
ported, received or recycled;
(b) the source of the mobile refrigerant waste;
(c) the quantity collected, transported, received or recycled;
(d) the type of mobile refrigerant waste; and
(e) what was done with the mobile refrigerant waste.
(4) A record made under this section may be disposed of after
two years.
(5) Every mobile refrigerant waste collector that recycles mobile
refrigerant waste at its ordinary place of business and every mobile
refrigerant waste recycler shall, before the 31st day of March in each
year, provide to the Director a summary in the form provided by the
Ministry of all records made under subsection (1) or (2) during the
twelve-month period ending on the 31st day of December of the pre-
ceding year. O. Reg. 520/90, s. 5, pari.
39.— (1) A mobile refrigerant waste disposal site that is the ordi-
nary place of business of a mobile refrigerant waste collector is
exempt from section 27 of the Act if equipment is kept at the site for
collecting mobile refrigerant waste removed from equipment in
which refrigerant is used.
(2) A mobile refrigerant waste disposal site is exempt from sec-
tion 27 of the Act if,
(a) mobile refrigerant waste is removed and collected on the
site from equipment in which refrigerant is used; and
(b) the site is not the ordinary place of business of the mobile
refrigerant waste collector. O. Reg. 520/90, s. 5, part.
40. A mobile refrigerant waste management system is exempt
from section 27 of the Act if all mobile refrigerant waste disposal
sites used in the system are,
(a) exempt from section 27 of the Act; or
(b) established and operated in accordance with a certificate of
approval or provisional certificate of approval under Part V
of the Act. O. Reg. 520/90, s. 5, part.
41. Section 18 does not apply in respect of subject waste that is
mobile refrigerant waste. O. Reg. 520/90, s. 5, part.
42. Section 19 and sections 21 to 27 do not apply in respect of sub-
ject waste that is mobile refrigerant waste being managed in accor-
dance with section 34. O. Reg. 520/90, s. 5, part.
43.— (1) Where an exemption from the requirement of having a
certificate of approval or provisional certificate of approval was in
effect before the 17th day of September, 1985 that, as a result of the
operation of Ontario Regulation 322/85 or the amendments made to
this Regulation by Ontario Regulation 464/85, would cease, the
exemption shall apply,
(a) until the 17th day of September, 1986; or
(b) where an application for a certificate of approval is made
before the 17th day of September, 1986, until a final decision
to issue or refuse to issue the certificate is made.
(2) For the purpose of this Regulation, every waste management sys-
tem or waste disposal site operating under the exemption granted
under subsection (1) that transfers, transports, treats, processes or
receives subject waste, shall be considered to be operating under a
certificate of approval or provisional certificate of approval.
O. Reg. 464/85, s. \0, revised.
606
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
Form 1
Formule 1
Environmental Protection Act
Loi sur la protection de l 'environnement
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607
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ENVIRONMENTAL PROTECTION
Reg./Règl. 347
Form 2
. Formule 2
Environmental Protection Act
Loi sur la protection de l'environnement
Ontario
Ministry
of the
Environment
Ministère
de
l'Environnement
Generator Registration Report
Rapport d'inscription du producteur
Part I - Generator Identification / Partie I - Identification du producteur
This report is / Le present rappofi constitue
1. D
an initial generator registration report /
un premier rapport d inscnption du producteur
or ! ou
2 D
Generator Registration Numtw
N° d inscription du producteur
a revision - enter Ontario Generator Registration No.
urw révision - veuilles inscrire le numéro d'inscription du producteur de l'Ontano
For generators located outside of Ontario, enter Registration/Notification numtwr assigned ty your local environmental authority. ' Si vous êtes un producteur de l'extérieur
de l'Ontario, veuillez inscrire le numéro d inscription /d'avis attribué par
les autorités locates en matière dénvironnement
\
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lame of Gerterator (Enter the corporate name or. if a partnership or proprietorship, the name of the princ)pal(s) H the generator intends to carry on busiriess under a separate
name or style, this should also be entered ) Nom du producteur (Veuilles inscrire la dénomination sociale ou. s'il s'agit d'une société en nom collectif ou d'une société à
propriétaire unique, le nom du (des) principal (principaux) associé (s). Si le producteur envisage d'exploiter une entreprise sous une denomination ou un rx>m distinct, veuillez
également le noter )
Name Nom
Address / Adresse
6 Municipality / Municipalité
h
Poslal Code Code postal
<
Sfle location / Lieu des installatHXiS
8
Municipality / Municipalité
f*fovme^Ém
Postal Code / Code postal
9
HamB o^coniacli Nom de la personne à contacter
tmHo.ll*> de tél.
10,
Slaixlard Industi
ial Classlici
>lionCod«(SIC
)«x
Sita noted in Section 7 / Co
lies de la classUicaton des activités économiques pour les installations décrites aun'T
1 1 . Total numlïer ot wastes to t» registered witli this report
Nombre total de déchets à inscrire au moyen de ce rapport
>
<
1 2. Name oi Company Ottcial Nom du représentant autorisé de la compagnie
13- Position Posfe
1 4. Signature Signature
15. Date Date
608
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
Part 2 - Waste Identification / Partie 2 - Identification des déchets
Description of Waste / Description des déchets
k
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2. DescriptKMi of generating process / Descr^Aion du procédé de productnin
>,
<
-<
3. Waste quantity generMed or accumulated ' Quantité des déchets produite ou accumulée
ContkHNMW procesi / Procédé contint Batch proceaa / per Iota
m
kg/mo. / kff/mois
batches/mo kg/batch / kg/lol
lots/mois
k
Primary characteristic / Caradért^ique pnnapaie
Analytical data (i( appkcabla). H the data has been estimated, attach separate sheet outlining ttie basis (or (he estimate. / Données analytiques (le cas échéant) Si les
données sont e^imatives, veuillez annexer une feutlle à part pour décrire sur quoi reposent les estimations
Name of Laboratory (if appkcable). / Laboratoire (le cas échéant)
Waste Class
Calégone des déchets
Hazardous Waste Number
Numéro des déchets dangereux
m
PhysKal State
Specif k: Gravity
Gravité spécifique
n-m:^ë:;:^"[]
ÉW phySÊqtM
(lotdt-S. fgunk'L. gti-ai
formimriOmOp/IflFIé—némtminiaèn
k
<
Secondary Charactensttc / Caractéristique secondaire
Analytical data (>f applicable) ' Données ên^ytiques (le cas échéant)
Part 3 - Waste Management / Partie 3 - Gestion des déchets
^ Principal InteiKled Receiver Réceptionnaire principal prévu
Company name and address
' Nom et adresse de la
zompagnte
Municipality
Muntopahté
Province/State
Province/Ëtat
Receiver No
. 1 No du réceptionna
ire
\
Postal Code
Code postal
<
p
Company name and address Atom el admae de le compagnie
MumcpaWy
l Uunapam
Province/Staie
Province/État
MOE Camer No
N^duM.del'E.du transporteur
A
Postal Code
Code posai
O. Reg. 322/85, s. 10, part, revised.
609
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
Schedule 1
HAZARDOUS INDUSTRIAL WASTES
Hazardous Industrial Waste from Non-Speciflc Sources
Industry and No.
Waste
NA9301
NA9302
NA9303
NA9304
NA9305
NA9306
NA9307
NA9308
NA9309
NA9310
NA9311
NA9312
NA9313
NA9314
NA9315
The following spent halogenated solvents used in degreasing: tetrachloroethylene, trichloroethylene, methylene chlo-
ride, 1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; and sludges from the recovery of
these solvents in degreasing operations.
The following spent halogenated solvents: tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-
trichloroethane, chlorobenzene, l,l,2-trichloro-l,2,2-trifluoroethane, ortho-dichlorobenzene, and trichloro fluoro-
methane; and the still bottoms from the recovery of these solvents.
The following spent non-halogenated solvents: xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl iso-
butyl ketone, n-butyl alcohol, cyclohexanone, and methanol; and the still bottoms from the recovery of these solvents.
The following spent non-halogenated solvents: cresols and cresylic acid, and nitrobenzene; and the still bottoms from
the recovery of these solvents.
The following spent non-halogenated solvents: toluene, methyl ethyl ketone, carbon disulphide, isobutanol, and pyri-
dine; and the still bottoms from the recovery of these solvents.
Wastewater treatment sludges from metal finishing operations except from the following processes: (1) sulphuric acid
anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) alumi-
num or zinc-aluminum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on
carbon steel; and (6) chemical etching and milling of aluminum.
Wastewater treatment sludges from the chemical conversion coating (including colouring, chromating, phosphating
and immersion plating) of aluminum.
Spent cyanide solutions from metal finishing operations (except for precious metals electroplating spent cyanide plat-
ing bath solutions).
Metal finishing bath bottom sludges where cyanides are used in the process (except for precious metals electroplating
bath sludges).
Spent stripping and cleaning bath solutions from metal finishing operations where cyanides are used in the process (ex-
cept for precious metals electroplating spent stripping and cleaning bath solutions).
Quenching bath sludge from oil baths from metal heat treating operations where cyanides are used in the process (ex-
cept for precious metals heat treating quenching bath sludges).
Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations (except for precious metals
heat treating spent cyanide solutions from salt bath pot cleaning).
Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process
(except for precious metals heat treating quenching wastewater treatment sludges).
Cyanidation wastewater treatment tailing pond sediment from mineral metals recovery operations.
Spent cyanide bath solutions from mineral metals recovery operations.
Hazardous Industrial Waste from Specific Sources
Industry and No.
Waste
Wood Preservation:
NA9316
Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote and/or
pentachlorophenol.
Inorganic Pigments:
NA9317
NA9318
NA9319
NA9320
NA9321
NA9322
NA9323
Wastewater treatment sludge from the production of chrome yellow and orange pigments.
Wastewater treatment sludge from the production of molybdate orange pigments.
Wastewater treatment sludge from the production of zinc yellow pigments.
Wastewater treatment sludge from the production of chrome green pigments.
Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated).
Wastewater treatment sludge from the production of iron blue pigments.
Oven residue from the production of chrome oxide green pigments.
Organic Chemicals:
NA9324
NA9325
NA9326
Distillation bottoms from the production of acetaldehyde from ethylene.
Distillation side cuts from the production of acetaldehyde from ethylene.
Bottom stream from the wastewater stripper in the production of acrylonitrile.
610
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
Industry and No.
Waste
NA9327
NA9328
NA9329
NA9330
NA9331
NA9332
NA9333
NA9334
NA9335
NA9336
NA9337
NA9338
NA9339
NA9340
NA9341
NA9342
NA9343
NA9344
NA9345
NA9346
NA9347
NA9348
NA9349
NA9350
NA9351
NA9352
NA9353
Bottom stream from the acetonitrile column in the production of acrylonitrile.
Bottoms from the acetonitrile purification column in the production of acrylonitrile.
Still bottoms from the distillation of benzyl chloride.
Heavy ends or distillation residues from the production of carbon tetrachloride.
Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin.
Heavy ends from the fractionation column in ethyl chloride production.
Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production.
Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production.
Aqueous spent antimony catalyst waste from fluoromethanes production.
Distillation bottom tars from the production of phenol/acetone from cumene.
Distillation light ends from the production of phthalic anhydride from naphthalçne.
Distillation bottoms from the production of phthalic anhydride from naphthalene.
Distillation light ends from the production of phthalic anhydride from ortho-xylene.
Distillation bottoms from the production of phthalic anhydride from ortho-xylene.
Distillation bottoms from the production of nitrobenzene by the nitration of benzene.
Stripping still tails from the production of methyl ethyl pyridines.
Centrifuge and distillation residues from toluene diisocyanate production.
Spent catalyst from the hydrochlorinator reactor in the productions of 1,1,1-trichloroethane.
Waste from the product stream stripper in the production of 1,1,1-trichloroethane.
Distillation bottoms from the production of 1,1,1-trichloroethane.
Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane.
Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene.
Distillation bottoms from aniline production.
Process residues from aniline extraction from the production of aniline.
Combined wastewater streams generated from nitrobenzene/aniline production.
Distillation or fractionation column bottoms from the production of chlorobenzenes.
Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes.
Inorganic Chemicals:
NA9390
NA9391
NA9392
Brine purification muds from the mercury cell process in chlorine production, where separately prepurified brine is not
used.
Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite anodes in chlo-
rine production.
Wastewater treatment sludge from the mercury cell process in chlorine production.
Pesticides:
NA9354
NA9355
NA9356
NA9357
NA9358
NA9359
NA9360
NA9361
NA9362
NA9363
NA9364
NA9365
NA9366
NA9367
By-product salts generated In the production of MSMA and cacodyllc acid.
Wastewater treatment sludge from the production of chlordane.
Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane.
Filter solids from the filtration of hexa-chlorocyclopentadiene in the production of chlordane.
Vacuum stripper discharge from the chlordane chlorinator In the production of chlordane.
Wastewater treatment sludges generated In the production of creosote.
Still bottoms from toluene reclamation distillation in the production of disulphoton.
Wastewater treatment sludges from the production of disulphoton.
Wastewater from the washing and stripping of phorate production.
Filter cake from the filtration of diethyl phosphorodithiolc acid In the production of phorate.
Wastewater treatment sludge from the production of phorate.
Wastewater treatment sludge from the production of toxaphene.
Untreated process wastewater from the production of toxaphene.
Heavy ends or distillation residues from the distillation of tetrachlorobenzene In the production of 2,4,5-T.
611
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
Industry and No.
Waste
NA9368
NA9369
2, 6-Dichlorophenol waste from the production of 2,4-D.
Untreated wastewater from the production of 2, 4-D.
Explosives:
NA9370
NA9371
NA9372
NA9373
Wastewater treatment sludges from the manufacturing and processing of explosives.
Spent carbon from the treatment of wastewater containing explosives.
Wastewater treatment sludges from the manufacturing formulation and loading of lead-based initiating compounds.
Pink/red water from TNT operations.
Petroleum Refining:
NA9374
NA9375
NA9376
NA9377
NA9378
Dissolved air flotation (DAF) float from the petroleum refining industry.
Slop oil emulsion solids from the petroleum refining industry.
Heat exchanger bundle cleaning sludge from the petroleum refining industry.
API separator sludge from the petroleum refining industry.
Tank bottoms (leaded) froin the petroleum refining industry.
Iron & Steel:
NA9380
NA9381
Emission control dust/sludge from the primary production of steel in electric furnaces.
Spent pickle liquor from steel finishing operations.
Primary Copper:
NA9383
Acid plant blowdown slurry/sludge resulting from the thickening of blowdown slurry from primary copper production.
Primary Lead:
NA9384
Surface impoundment solids contained in and dredged from surface impoundments at primary lead smelting facilities.
Primary Zinc:
NA9385
NA9386
NA9387
Sludge from treatment of process wastewater and/or acid plant blowdown from primary zinc production.
Electrolytic anode slimes/sludges from primary zinc production.
Cadmium plant leachate residue (iron oxide) from primary zinc production.
Secondary Lead:
NA9388
NA9389
Emission control dust/sludge from secondary lead smelting.
Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting.
Veterinary
Pharmaceuticals:
NA9394
NA9395
NA9396
Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-
arsenic compounds.
Distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuti-
cals from arsenic or organo-arsenic compounds.
Residue from the use of activated carbon for decolourization in the production of veterinary pharmaceuticals from
arsenic or organo-arsenic compounds.
Ink Formulation:
NA9393
Solvent washes and sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equip-
ment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead.
Coking:
NA9379
NA9397
Ammonia still lime sludge from coking operations.
Decanter tank tar sludge from coking operations.
O. Reg. 322/85, s. 11, part; O. Reg. 460/88, s. 2.
Schedule 2
PART A
ACUTE HAZARDOUS WASTE CHEMICALS
Reference
Number
Name of Chemical
ONlOOl
ON1002
Acetaldehyde, chloro- / Chloroacetaldehyde
Acetamide, N-(aminothioxomethyl)-/l-Acetyl-2-thiourea
612
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
Reference
Number
Name of Chemical
ON1003
Acetamide, 2-fluoro- / Fluoroacetamide
ON1067
Acetic acid, fluoro-, sodium sait / Sodium fluoroacetate
ON1004
Acetimidic acid, N-((methylcarbamoyl)oxy) thio-, methyl ester / Methomyl
ON1005
Acetone cyanohydrin / 2-Methyllactonitrile
ON1006
3-(alpha-Acetonylben2yl)-4-hydroxycoumarin and salts, when present at concentrations greater than 0.3
rin, when present at concentrations greater than 0.3 per cent
per cent / Warfa-
ON1002
l-Acetyl-2-thiourea / Acetamide, N-(aminothioxomethyl)
ON1007
Acrolein / 2-Propenal
ON1008
Agarin / 5-(Aminomethyl)-3-isoxazolol
ON 1009
Aldicarb / Propanal, 2-methyl-2-(methylthio)-, 0-((methylamino)carbonyl) oxime
ONIOIO
Aldrin / l,2,3,4,10,10-Hexachloro-l,4,4a,5,8,8a-hexahydro-l,4:5,8- endo, exo-dimethanonaphthalene
ONlOll
Allyl alcohol / 2-Propen-l-ol
ON1012
Aluminum phosphide
ON1008
5-(Aminomethyl)-3-isoxazolol / Agarin
ON1013
4-Aminopyridine / p-Aminopyridine
ON1014
Ammonium metavanadate / Ammonium vanadate
ON1015
Ammonium picrate / Phenol, 2,4,6-trinitro-, ammonium salt
ON1014
Ammonium vanadate / Ammonium metavanadate
ONI016
Arsenic acid
ON1017
Arsenic (III) oxide / Arsenic trioxide
ON1018
Arsenic (V) oxide / Arsenic pentoxide
ON1018
Arsenic pentoxide / Arsenic (V) oxide
ON1017
Arsenic trioxide / Arsenic (III) oxide
ON1019
Arsine, diethyl- / Diethylarsine
ON1020
Aziridine / Ethyleneimine
ON1021
Barium cyanide
ON1022
Benzenamine, 4-chloro- / p-Chloroaniline
ON1023
Benzenamine, 4-nitro- / p-Nitroaniline
ON 1024
Benzene, (chloromethyl)- / Chlorotoluene
ON1025
1, 2-Benzenediol, 4-(l-hydroxy-2-(methylamino)-ethyl)- / Epinephrine
ON1026
Benzenethiol / Phenyl mercaptan
ON1024
Benzyl chloride / ( Chloromethyl )benzene
ON1027
Beryllium dust / Beryllium, metal powder
ON1028
Bis ( chloromethyl ) ether / Dichlorodimethyl ether
ON1029
Bromoacetone / 2-Propanone, 1-bromo-
ON1030
Brucine / 2,3-Dimethoxystrychnidin- lO-one
ON103I
Calcium cyanide
ON1032
Camphene, octachloro- /Toxaphene
ON1033
Carbamimidoselenoic acid / Selenourea
ON1034
Carbon bisulphide / Carbon disulphide
ON1034
Carbon disulphide / Carbon bisulphide
ON1035
Carbonyl chloride / Phosgene
ON1036
Chlorine cyanide / Cyanogen chloride
ONlOOl
Chloroacetaldehyde / Acetaldehyde, chloro-
ON1022
p-Chloroaniline / 4-Chlorobenzenamine
ON1037
l-(o-Chlorophenyl) thiourea / 2-Chlorophenyl thiourea
ON1038
3-Chloropropionitrile / 3-Chloropropanenitrile
613
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
Reference
Number
Name of Chemical
ON1024
ON1039
ON1040
ON1041
ON1036
ON1028
ON1042
ON1043
ON1019
ON1044
ON1045
ON1046
ON1047
ON1048
ON1049
ON1050
ON1051
ON1052
ON1053
ON1054
ON1055
ON1056
ON1057
ON1044
ON1058
ON1059
ON1060
ON1061
ON1062
ON1025
ON1052
ON1063
ON1064
ON1020
ON1065
ON1066
ON1003
ON1067
ON1068
ON1069
ON1062
ON1043
ON1070
ONIOIO
ON1071
ON1072
Chlorotoluene / (Chloromethyl) benzene
Copper cyanides
Cyanides (soluble cyanide salts) not elsewhere specified
Cyanogen / Ethanedinitrile
Cyanogen chloride / Chlorocyanogen
Dichlorodimethyl ether / Bis(chloroniethyl) ether
Dichlorophenylarsine / Phenyldichloroarsine
Dieldrin/ l,4:5,8-Dimethanonaphthalene, l,2,3,4,10,10-hexachloro-6,7-expoxy-l,4,4a,5,6,7,8,8a-octahydro, endo, exo-
Diethylarsine / Arsine, diethyl-
0,0-Diethyl S-(2-(ethylthio)ethyl) phosphorodithioate / Disulfoton
Diethyl-p-nitrophenyl phosphate / Phosphoric acid, diethyl p-nitrophenyl ester
0,0-Diethyl 0,2-pyrazinyl phosphorothioate / Phosphorothioic acid, 0,0-diethyl O-pyrazinyl ester
Diisopropylfluorophosphate / Phosphorofluoridic acid, bis(l-methylethyl) ester
Dimethoate / Phosphorodithioic acid, 0,0-dimethyl S-(2-(niethylamino)-2-oxoethyl) ester
3,3-Dimethyl-l-(methylthio)-2-butanone, 0-((methylamino)carbonyl) oxime / Thiofanox
0,0-Dimethyl O-(p-nitrophenyl) phosphorothioate / Methyl parathion
Dimethylnitrosamine / N-Nitrosodimethylamine
alpha, alpha-Dimethylphenethylamine / Phentermine
4,6-Dinitro-o-cresol and salts / Phenol, 2,4-dinitro-6-methyl-, and salts
4,6-Dinitro-o-cyclohexylphenol / Phenol, 2-cyclohexyl-4,6-dinitro-
2,4-Dinitrophenol / Phenol, 2,4-dinitro-
Dinoseb / Phenol, 2,4-dinitro-6-(l-methylpropyl)-
Diphosphoramide, octamethyl- / Octamethylpyro-phosphoramide
Disulfoton / 0,0-Diethyl S-(2-(ethylthio)ethyl) phosphorodithioate
2,4-Dithiobiuret / 2-Thio-l-(thiocarbomyl)
Dithiopyrophosphoric acid, tetraethyl ester / Tetraethyl dithiopyrophosphate
Endosulfan / 5-Norbornene-2,3-dimethanol, 1, 4,5,6, 7,7-hexachloro-, cyclic sulphite
Endothall / 7-Oxabicyclo(2.2.1)heptane-2,3-dicarboxylic acid
Endrin/ l,2,3,4,10,10-Hexachloro-6,7-epoxy-l,4,4a,5,6,7,8,8a-octahydro-endo, endo-l,4:5,8-dimethanonaphthalene
Epinephrine / 1,2-Benzenediol, 4-(l-hydroxy-2-(methylamino)ethyl)-
Ethanamine, l,l-diniethyl-2-phenyl- / alpha,alpha-Dimethylphenethylamine
Ethenamine, N-methyl-N-nitroso- / N-Nitrosomethyivinylamine
Ethyl cyanide / Propionitrile
Ethylenimine / Aziridine
Famphur / Phosphorothioic acid, 0,0-dimethyl 0-(p-((dimethylamino)sulfonyl)phenyl) ester
Fluorine
Fluoroacetamide / Acetamide, 2-fluoro-
Fluoroacetic acid, sodium salt / Sodium fluoroacetate
Fulminic acid, mercury (II) salt / Fulminate of mercury
Heptachlor / 1 ,4,5,6,7,8,8-Heptachloro-3a,4,7,7a-tetrahydro-4,7-methanoindene
l,2,3,4,10,10-Hexachloro-6,7-epoxy-l,4,4a,5,6,7,8,8a-octahydro-endo, endo-l,4:5,8-dimethanonaphthalene/ Endrin
l,2,3,4,10,10-Hexachloro-6,7-epoxy-l,4,4a,5,6,7,8,8a-octahydro-endo,exo-l,4:5,8-dimethanonaphthalene/ Dieldrin
l,2,3,4,10,10-Hexachloro-l,4,4a,5,8,8a-hexahydro-l,4:5,8-endo, endo-dimethanonaphthalene / Isodrin
l,2,3,4,10,10-Hexachloro-l,4,4a,5,8,8a-hexahydro-l,4:5,8- endo, exo-dimethanonaphthalene / Aldrin
Hexachlorohexahydro-exo, exo-dimethanonaphthalene
Hexaethyl tetraphosphate / Tetraphosphoric acid, hexaethyl ester
614
Reg./Règl. 347
PROTECTION DE L'ENTVIRONNEMENT
Reg./Règl. 347
Reference
Number
Name of Chemical
ON1073
Hydrazinecarbothioamide / Thiosemicarbazide
ON 1074
Hydrazine, methyl- / Methylhydrazine
ON1075
Hydrocyanic acid
ON1076
Hydrogen cyanide
ON 1077
Hydrogen phosphide / Phosphine
ON1078
Isocyanic acid, methyl ester / Methyl isocyanate
ON1070
Isodrin / l,2,3,4,10,10-Hexachloro-l,4,4a,5,8,8a-hexahydro-l,4:5,8-endo, endo-dimethanonaphthalene
ON1008
3(2H)-Isoxazolone, 5-(aminomethyl)- / Agarin
ON1079
Mercury, (acetato)phenyl- / Phenylmercuric acetate
ON1068
Mercury fulminate / Fulminate of mercury
ON1028
Methane, oxybis(chloro- / Dichlorodimethyl ether
ON1080
Methane, tetranitro- / Tetranitromethane
ON1081
Methanethiol, trichloro- / Trichloromethanethiol
ON1069
4,7-Methano-lH-indene, l,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro- / Heptachlor
ON1004
Methomyl / Acetimidic acid, N-((methylcarbamoyl)-oxy)thio-, methyl ester
ON1082
2-Methylaziridine / Propyleneimine
ON1074
Methyl hydrazine / Hydrazine, methyl-
ON1078
Methyl isocyanate / Isocyanic acid, methyl ester
ON1005
2-Methyllactonitrile / Acetone cyanohydrin
ON1050
Methyl parathion / 0,0-Dimethyl O-(p-nitrophenyl) phosphorothioate
ON1083
alpha-Naphthylthiourea / Thiourea, 1-naphthalenyl-
ON1084
Nickel carbonyl / Nickel tetracarbonyl
ON1085
Nickel cyanide / Nickel (II) cyanide
ON1085
Nickel (II) cyanide / Nickel cyanide
ON1084
Nickel tetracarbonyl / Nickel carbonyl
ON1086
Nicotine and salts / Pyridine, (S)-3 -(l-methyl-2-pyrrolidinyl)- and salts
ON1087
Nitric oxide / Nitrogen (II) oxide
ON1023
p-Nitroaniline / 4-Nitrobenzenamine
ON1088
Nitrogen dioxide / Nitrogen (IV) oxide
ON1087
Nitrogen (II) oxide / Nitric oxide
ON1088
Nitrogen (IV) oxide / Nitrogen dioxide
ON1089
Nitroglycerin / 1,2,3-Propanetriol, trinitrate-
ON1051
N-Nitrosodimethylamine / Dimethylnitrosamine
ON1063
N-Nitrosomethylvinylamine / N-Methyl-N-nitrosoethenylamine
ON1060
5-Norbomene-2,3-dimethanol, 1,4,5,6,7,7-hexachloro, cyclic sulphite / Endosulfan
ON1057
Octamethylpyrophosphoramide / Diphosphoramide, octamethyl-
ON1090
Osmium oxide / osmium tetroxide
ON1090
Osmium tetroxide / Osmium oxide
ON1061
7-Oxabicyclo(2.2.1)heptane-2,3-dicarboxylic acid / Endothall
ON1091
Parathion / Phosphorothioic acid, 0,0,-diethyl O-(p-nitrophenyl) ester
ON1054
Phenol, 2-cyclohexyl-4,6-dinitro- / 4,6-Dinitro-o-cyclo hexylphenol
ON1055
Phenol, 2,4-dinitro- / 2,4-Dinitrophenol
ON1053
Phenol, 2,4-dinitro-6-methyl-, and salts / Dinitro-o cresol and salts
ON1056
Phenol, 2,4-dinitro-6 -(1-methylpropyl)- / Dinoseb
ON1015
Phenol, 2,4,6-trinitro-, ammonium salt / Ammonium picrate
ON1042
Phenyl dichloroarsine / Dichlorophenylarsine
615
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
Reference
Number
Name of Chemical
ON1026
ON1079
ON1092
ON1093
ON1035
ON1077
ON1045
ON1048
ON1047
ON1093
ON1091
ON1046
ON1065
ON 1094
ON1095
ON1096
ON1096
ON1009
ON1064
ON1038
ON1005
ON1089
ON1029
ONI097
ON1007
ONlOll
ON1064
ONI082
ON1097
ON1013
ON1086
ON1098
ON1033
ON1099
ONllOO
ONI 101
ON1067
ON1102
ONI 103
ON1030
ONI 104
ONI 105
ON1059
ON1094
ON1098
ON1080
Phenyl mercaptan / Benzenethiol
Phenylmercuric acetate / Mercury, (acetato)phenyl-
N-Phenylthiourea / Phenylthiocarbamide
Phorate / Phosphorothioic acid, 0,0-diethyl S-(ethylthio)methyl ester
Phosgene / Carbonyl chloride
Phosphine / Hydrogen phosphide
Phosphoric acid, diethyl p-nitrophenyl ester / Diethyl-p-nitrophenyl phosphate
Phosphorodithioic acid, 0,0-dimethyl S-(2-(methylamino) -2-oxoethyl) ester / Dimethoate
Phosphorofluoridic acid, bis(l-methylethyl) ester / Diisopropylfluorophosphate
Phosphorothioic acid, 0,0-diethyl S-(ethylthio)methyl ester / Phorate
Phosphorothioic acid, 0,0-diethyl O-(p-nitrophenyl) ester / Parathion
Phosphorothioic acid, 0,0-diethyl O-pyrazinyl ester / 0,0-Diethyl 0,2-pyrazinyl phosphorothioate
Phosphorothioic acid, 0,0-dimethyl 0-(p-((dimethylamino)sulfonyl)phenyl) ester / Famphur
Plumbane, tetraethyl- / Tetraethyl lead
Potassium cyanide
Potassium dicyanoargentate / Potassium silver cyanide
Potassium silver cyanide / Potassium dicyanoargentate
Propanal, 2-methyl-2-(methylthlo)-, 0-( (methylamino)carbonyl) oxime / Aldicarb
Propanenitrile / Propionitrile
Propanenitrile, 3-chloro- / 3-Chloropropionitrile
Propanenitrile, 2-hydroxy-2-methyl- / Acetone cyanohydrin
1,2,3-Propanetriol, trinitrate- / Nitroglycerin
2-Propanone, 1-bromo- / Bromoacetone
Propargyl alcohol / 2-Propyn-l-ol
2-Propenal / Acrolein
2-Propen-l-ol / AUyl alcohol
Propionitrile / Ethyl cyanide
1,2-Propylenimine / 2-Methylaziridine
2-Propyn-l-ol / Propargyl alcohol
4-Pyridinamine / 4-Aminopyridine
Pyridine, (S)-3-(l-methyl-2-pyrrolidinyl)- and salts / Nicotine and salts
Pyrophosphoric acid, tetraethyl ester / Tetraethyl pyrophosphate
Selenourea / Carbamimidoselenoic acid
Silver cyanide
Sodium azide
Sodium cyanide
Sodium fluoroacetate / Fluoroacetic acid, sodium salt
Strontium sulphide
Strychnidin-lO-one and salts
Strychnidin-10-one, 2,3-dimethoxy- / Brucine
Strychnine and salts
Sulphuric acid, thallium (I) salt / Thallium sulphate, solid
Tetraethyldithiopyrophosphate / Dithiopyrophosphoric acid tetraethyl ester
Tetraethyl lead / Plumbane, tetraethyl-
Tetraethyl pyrophosphate / Pyrophosphoric acid, tetraethyl ester
Tetranitromethane / Methane, tetranitro-
616
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
Reference
Number
Name of Chemical
ON 1072
Tetraphosphoric acid, hexaethyl ester / Hexaethyl tetraphosphate
ON1106
Thallic oxide / Thallium (III) oxide
ON 1106
Thallium (III) oxide / Thallic oxide
ON 1107
Thallium (I) selenite
ON 1105
Thallium (I) sulphate / Sulphuric acid, thallium (I) salt
ON 1049
Thiofanox / 3,3-Dimethyl-l-(methylthio)-2-butanone, 0-((methylamino)carbonyl) oxime
ON1058
Thioimidodicarbonic diamide / 2,4-Dithiobiuret
ON1026
Thiophenol / Phenyl mercaptan
ON1073
Thiosemicarbazide / Hydrazinecarbothioamide
ON1037
Thiourea, (2-chlorophenyl)- / l-(o-Chlorophenyl)-2-thiourea
ON1083
Thiourea, l-naphthalenyl- / alpha-Naphthylthiourea
ON1092
Thiourea, phenyl- / N-Phenylthiourea
ON 1032
Toxaphene / Camphene, octachloro-
ON1081
Trichloromethanethiol / Methanethiol, trichloro-
ON1014
Vanadic acid, ammonium salt / Ammonium metavanadate
ON1107
Vanadium pentoxide / Vanadium (V) oxide
ON1107
Vanadium (V) oxide / Vanadium pentoxide
ON1006
Warfarin, when present at concentrations greater than 0.3 per cent / 3-(alpha-AcetonyIbenzyl)-4-hydroxycoumarin
salts, when present at concentrations greater than 0.3 per cent
and
ON1108
Zinc cyanide
ON1109
Zinc phosphide, when present at concentrations greater than 10 per cent
PARTB
HAZARDOUS WASTE CHEMICALS
Reference
Number
Name of Chemical
ON2001
Acetaldehyde / Ethyl aldehyde
ON2002
Acetaldehyde, trichloro- / Chloral
ON2003
Acetamide, N-(4-ethoxyphenyl)- / Phenacetin
ON2004
Acetamide, N-9H-fluoren-2-yl- / 2-Acetylaminofluorene
ON2005
Acetic acid, ethyl ester / Ethyl acetate
ON2006
Acetic acid, lead salt / Lead acetate
ON2007
Acetic acid, thallium (I) salt / Thallium (I) acetate
ON2226
Acetone / 2-Propanone
ON2008
Acetonitrile / Methyl cyanide
ON2009
3-(alpha-Acetonylbenzyl)-4-hydroxycoumarin and salts, when present at concentrations of 0.3
when present at concentrations of 0.3 per cent or less
per cent or less / Warfarin,
ON2010
Acetophenone / Ethanone, 1-phenyl-
ON2004
2-Acetylaminofluorene / Acetamide, N-9H-fluoren-2-yl-
ON2011
Acetyl chloride / Acetic chloride
ON2012
Acrylamide / Propenamide
ON2013
Acrylic acid / 2-Propenoic acid
ON2014
Acrylonitrile / 2-Propenenitrile
ON2015
Alanine, 3-(p-bis(2-chloroethyl)amino)phenyl-, L- / Melphalan
ON2016
Amitrole / lH-l,2,4-Triazol-3-amine
ON2017
Aniline / Benzenamine
ON2018
Auramine / Benzenamine, 4,4'-carbonimidoylbis-(N,N-dimethyl-
ON2019
Azaserine / L-Serine, diazoacetate (ester)
617
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
Reference
Number
Name of Chemical
ON2020
ON2021
ON2022
ON2022
ON2023
ON2024
ON2024
ON2025
ON2017
ON2018
ON2026
ON2027
ON2028
ON2029
ON2030
ON2031
ON2032
0N2033
ON2034
ON2035
ON2036
ON2037
ON2038
ON2039
ON2040
ON2041
ON2042
ON2043
ON2023
ON2044
ON2045
ON2046
ON2047
ON2048
ON2049
ON2050
ON2051
ON2052
ON2053
ON2054
ON2055
ON2056
ON2057
ON2058
ON2059
ON2060
Azirino(2',3':3,4)pyrrolo(l,2a)indole-4,7-dione, 6-amino-8-(((aminocarbonyl)oxy)inethyl) l,la,2,8,8a,8b-hexahydro-8a-
methoxy-5-methyl- / Mitomycin C
Benz(j)aceanthrylene, l,2-dihydro-3-methyl- / 3-Methylcholanthrene
Benz(c)acridine / 3,4-Benzacridine
3,4-Benzacridine / Benz(c)acridine
Benzai chloride / Benzylidine chloride
Benz(a)anthracene / 1,2-Benzanthracene
1,2-Benzanthracene / Benz(a)anthracene
1,2-Benzanthracene, 7,12-dimethyl- / 9,10-Dimethyl-benz(a)anthracene
Benzenamine / Aniline
Benzenatnine, 4,4'-carbonimidoylbis(N,N-dimethyl- / Auramine
Benzenamine, 4-chloro-2-methyl- / 4-Chloro-o-toluidine hydrochloride
Benzenamine, N,N'-dimethyl-4-phenylazo- / Dimethylaminoazobenzene
Benzenamine, 4,4'-methylenebis(2-chloro- / 4,4'-Methylenebis(2-chloroaniline)
Benzenamine, 2-methyl-, hydrochloride / o-Toluidine hydrochloride
Benzenamine, 2-methyl-5-nitro- / 5-Nitro-o-toluidine ,
Benzene
Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl) -alpha-hydroxy, ethyl ester / Ethyl 4,4'-dichlorobenzilate
Benzene, l-bromo-4-phenoxy- / 4-Bromophenyl phenyl ether
Benzene, chloro- / Chlorobenzene
1,2-Benzenedicarboxylic acid anhydride / Phthalic anhydride
1,2-Benzenedicarboxylic acid, (bis{2-ethylhexyl)) ester / Bis(2-ethylhexyl)phthalate
1,2-Benzenedicarboxylic acid, dibutyl ester / Dibutyl phthalate
1,2-Benzenedicarboxylic acid, diethyl ester / Diethyl phthalate
1,2-Benzenedicarboxylic acid, dimethyl ester / Dimethyl phthalate
1,2-Benzenedicarboxylic acid, di-n-octyl ester / Di-n octyl phthalate
Benzene, 1,2-dichloro- / o-Dichlorobenzene
Benzene, 1,3-dichloro- / m-Dichlorobenzene
Benzene, 1,4-dichloro- / p-Dichlorobenzene
Benzene, (dichloromethyl)- / Benzai chloride
Benzene, 1 ,3-diisocyanatomethyl- / Toluene diisocyanate
Benzene, dimethyl- / Xylene
1,3-Benzenediol / Resorcinol
Benzene, hexachloro- / Hexachlorobenzene
Benzene, hexahydro- / Cyclohexane
Benzene, hydroxy- / Phenol
Benzene, methyl- / Toluene
Benzene, l-methyl-2,4-dinitro-/2,4-Dinitrotoluene
Benzene, l-methyl-2,6-dinitro- / 2,6-Dinitrotoluene
Benzene, l,2-methylenedioxy-4-allyl- / Safrole
Benzene, l,2-methylenedioxy-4-propenyl- / Isosafrole
Benzene, l,2-methylenedioxy-4-propyl- / Dihydrosafrole
Benzene, (1-methylethyl)- / Isopropylbenzene
Benzene, nitro- / Nitrobenzene
Benzene, pentachloro- / Pentachlorobenzene
Benzene, pentachloronitro- / Pentachloronitrobenzene
Benzenesulphonic acid chloride / Benzenesulphonyl chloride
618
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
Reference
Number
Name of Chemical
ON2060
ON2061
ON2062
ON2063
ON2064
ON2065
ON2066
ON2067
ON2067
ON2068
ON2062
ON2069
ON2070
ON2064
ON2071
ON2072
ON2073
ON2074
ON2075
ON2076
ON2036
ON2077
ON2078
ON2033
ON2079
ON2080
ON2081
ON2082
ON2083
ON2084
ON2085
ON2086
ON2082
ON2087
ON2088
ON2089
ON2090
ON2091
ON2092
ON2093
ON2094
ON2095
ON2095
ON2097
ON2098
ON2097
Benzenesulphonyl chloride / Benzenesulphonic acid chloride
Benzene, 1,2,4,5-tetrachloro- / 1,2,4,5-Tetrachloro benzene
Benzene, trichloromethyl- / Benzotrichloride
Benzene, 1,3,5-trinitro-/ 1,3,5-Trinitrobenzene
Benzidine / 4,4'-Diaminobiphenyl
l,2-Benzisothiazolin-3-one, 1,1-dioxide and salts / Saccharin and salts
Benzo(j,k)fluorene / Fluoranthene
Benzo(a)pyrene / 3,4-Benzopyrene
3,4-Benzopyrene / Benzo(a)pyTene
p-Benzoquinone / Cyclohexadienedione
Benzotrichloride / Benzene, trichloromethyl
1,2-Benzphenanthrene / Chrysene
2,2'-Bioxirane / D-Threitol, l,2:3,4-dianhydro
(l,l-Biphenyl)-4,4'-dianiine / Benzidine
(l,r-Biphenyl)-4,4'-diamine, 3,3'-dichloro- / 3,3'-Dichlorobenzidine
(l,r-Biphenyl)-4,4'-diamine, 3,3'-dimethoxy- / 3,3'-Dimethoxybenzidine
(l,r-Biphenyl)-4,4'-diamine, 3,3'-diniethyl- / 3,3'-Dimethylbenzidine
Bis(2-chloroethoxy)methane / Ethane, l,r-(inethylenebis(oxy))bis(2-chloro-
Bis(2-chloroisopropyl) ether / Ether, bis(2-chloro-l methylethyl)
Bis(dimethylthiocarbamoyl) disulphide / Thiram
Bis(2-ethylhexyl) phthalate / 1,2-Benzenedicarboxylic acid, (bis(2-ethylhexyl)) ester
Bromine cyanide / Cyanogen bromide
Bromoform / Tribromomethane
4-Bromophenyl phenyl ether / Benzene, l-bromo-4-phenoxy-
1,3-Butadiene, 1,1,2,3,4,4-hexachloro- / Hexachloro-butadiene
l-Butanamine, N-butyl-N-nitroso- / N-Nitrosodi-n butylamine
Butanoic acid, 4-(bis(2-chloroethyl)amino)benzene- / Chlorambucil
1-Butanol / n-Butyl alcohol
2-Butanone / Methyl ethyl ketone
2-Butanone peroxide / Methyl ethyl ketone peroxide
2-Butenal / Crotonaldehyde
2-Butene, 1,4-dichloro- / 1 ,4-Dichloro-2-but6ne
n-Butyl alcohol / 1-Butanol
Cacodylic acid / Arsine oxide, dimethylhydroxy-
Calcium chromate / Chromic acid, calcium salt
Carbamic acid, ethyl ester / Ethyl carbamate (urethane)
Carbamic acid, methylnitroso-, ethyl ester / N-Nitroso-N-methylurethane
Carbamide, N-ethyl-N-nitroso - / 1-Nitroso-l-ethylurea
Carbamide, N-methyl-N-nitroso- / 1-Nitroso-l-methylurea
Carbamide, thio- / Thiourea
Carbamoyl chloride, dimethyl- / DimethylcarbamoyI chloride
Carbonic acid, dithallium (1) salt / Thallium carbonate
Carbonochloridic acid, methyl ester / Methyl chloroformate
Carbon oxyfluoride / Carbonyl fluoride
Carbon tetrachloride / Tetrachloromethane
Carbonyl fluoride / fluorophosgene
619
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
Reference
Number
Name of Chemical
ON2002
ON2081
ON2099
ON2100
ON2034
ON2101
ON2102
ON2103
ON2104
ON2105
ON2106
ON2107
ON2026
ON2088
ON2069
ON2108
ON2109
ON2I10
ON2085
ON2056
ON2077
ON2068
ON2048
ON2111
ON2112
ON2113
ON2114
ON2115
ON2116
ON2117
ON2n8
ON2119
ON2120
ON2121
ON2122
ON2122
ON2123
ON2123
ON2124
ON2125
ON2037
ON2119
ON2041
ON2042
ON2043
ON2071
Chloral / Trichloroacetaldehyde
Chlorambucil / Butanoic acid, 4-(bis(2-chloroethyl)amino)benzene-
Chlordane / 4,7-Methanoindan, l,2,4,5,6,7,8,8-octachloro-3a,4,7,7a-tetrahydro-
Chlornaphazine / 2-Naphthylamine, N,N'-bis-(2-chloroethyl)-
Chlorobenzene / Benzene, chloro-
4-Chloro-m-cresol / 4-Chloro-3-methylphenol
l-Chloro-2,3-epoxypropane / Epichlorohydrin
2-Chloroethyl vinyl ether / Ethene, 2-chloroethoxy
Chloroform / Trichloromethane
Chloromethyl methyl ether / Methylchloromethyl ether
beta-Chloronaphthalene / Naphthalene, 2-chloro-
o-Chlorophenol / 2-Chlorophenol
4-Chloro-o-toluidine hydrochloride / 2-Amino-5-chlorotoluene hydrochloride
Chromic acid, calcium salt / Calcium chromate
Chiysene/ 1,2-Benzphenanthrene
Creosote
Cresols
Cresylic acid
Crotonaldehyde / 2-Butenal
Cumene / Isopropylbenzene
Cyanogen bromide / Bromocyanide
1,4-Cyclohexadienedione / Benzoquinone
Cyclohexane / Benzene, hexahydro-
Cyclohexanone / Anone
1,3-Cyclopentadiene, 1, 2,3,4,5, 5-hexachloro- / Hexachlorocyclopentadiene
Cyclophosphamide / 2H-l,3,2-Oxazaphosphorine, 2-(bis(2-chloroethyl)amino)tetrahydro-, oxide 2-
2,4-D, salts and esters / 2,4-Dichlorophenoxyacetic acid, salts and esters
Daunomycin / 5,12-Naphthacenedione, (8S-cis)-8-acetyl-10-((3-amino-2,3,6-trideoxy-alpha-L-lyxo-hexopyranosyl)oxyl)-
7,8,9,10-tetrahydro-6,8,ll-trihydroxyl-methoxy-
DDD / Dichlorodiphenyldichloroethane
DDT / Dichlorodiphenyltrichloroethane
Decachlorooctahydro-l,3,4-metheno-2H-cyclobuta(c,d)-pentalen-2-one / Kepone or Chlordecone
Diallate / S-(2,3-Dichloroallyl) diisopropylthio-carbamate
Diamine / Hydrazine
Diaminotoluene / Toluenediamine
Dibenz(a,h)anthracene / 1,2,5, 6-Dibenzanthracene
1,2,5,6-Dibenzanthracene / Dibenz(a,h)anthracene
1,2,7,8-Dibenzopyrene / Dibenz(a,i)pyrene
Dibenz(a,i)pyrene / 1,2,7,8-Dibenzopyrene
l,2-Dibromo-3-chloropropane/ Propane, l,2-dibromo-3-chloro-
Dibromomethane / Methylene bromide
Dibutyl phthalate / 1,2-Benzenedicarboxylic acid, dibutyl ester
S-(2,3-Dichloroallyl) diisopropylthiocarbamate / Diallate
o-Dichlorobenzene / 1,2-Dichlorobenzene
m-Dichlorobenzene / 1,3-Dichlorobenzene
p-Dichlorobenzene / 1,4-Dichlorobenzene
3,3'-Dichlorobenzidine / (l,r-Biphenyl)-4,4'-diamine, 3,3'-dichloro-
620
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
Reference
Number
Name of Chemical
ON2086
l,4-Dichloro-2 butène / l,4-Dichlorobutene-2
ON2126
Dichlorodifluoromethane / Methane, dichlorodifluoro-
ON2127
3,5-Dichloro-N-(l,l-dimethyl-2-propynyl) benzamide / Pronamide
ON2116
Dichlorodiphenyldichloroethane / DDD
ON2117
Dichlorodiphenyltrichloroethane/DDT
ON2128
1,1-Dichloroethylene / Ethene, 1,1-dichloro-
ON2129
1,2-Dichloroethylene / Ethene, trans-l,2-dichloro-
ON2130
Dichloroethyl ether / Ether, bis(2-chloroethyl)
ON2131
Dichloromethane / Methylene chloride
ON2132
2,4-Dichlorophenol / Phenol, 2,4-dichloro-
ON2133
2,6-Dichlorophenol / Phenol, 2,6-dichloro-
ON2114
2,4-Dichlorophenoxyacetic acid, salts and esters / 2,4-D, salts and esters
ON2134
1,2-Dichloropropane / Propylene dichloride
ON2135
1,3-Dichloropropene / Propene, 1,3-dichloro-
ON2070
l,2:3,4-Diepoxybutane / 2,2'-Bioxirane
ON2136
1,4-Diethylene dioxide / 1,4-Dioxane
ON2137
Diethyl ether / Ethyl ether
ON2138
N,N-Diethylhydrazlne / Hydrazine, 1,2-diethyl-
ON2139
O, O-Diethyl-S-methyl-dithiophosphate / Phosphorodithioic acid, 0,0-diethyl-
S-methyl ester
ON2038
Diethyl phthalate / 1,2-Benzenedicarboxylic acid, diethyl ester
ON2140
Diethylstilbestrol / 4,4'-Stilbenediol, alpha,alpha'-diethyl-
ON2141
l,2-Dihydro-3,6-pyridazinedione / Maleic hydrazide
ON2055
Dihydrosafrole / Benzene, l,2-methylenedioxy-4-propyI-
ON2072
3,3'-Dlmethoxybenzidine/(l,rBiphenyl)-4,4'-diamine, 3,3'-dimethoxy-
ON2142
Dimethylamine / Methanamine, N-methyl-
ON2027
Dimethylaminoazobenzene / Benzenamine, N,N'-dimethyl-4-phenylazo-
ON2025
7,12-Dimethylbenz(a)anthracene / 1,2-Benzanthracene, 9,10-diniethyl-
ON2073
3,3'-Dimethylbenzidine / (l,r-Biphenyl)-4,4'-diamine, 3,3'-dimethyl-
ON2143
alpha, alpha-Dimethylbenzylhydroperoxide / Cumene hydroperoxide
ON2094
Dimethylcarbamoyl chloride / Carbamoyl chloride, dimethyl-
ON2144
1,1-Diinethylhydrazine / Hydrazine, 1,1-dimethyl-
ON2145
1,2-Dimethylhydrazine / Hydrazine, 1,2-dimethyl-
ON2146
2,4-Dimethylphenol / Xylenol
ON2039
Dimethyl phthalate / 1,2-Benzenedicarboxylic acid, dimethyl ester
ON2147
Dimethyl sulphate / Sulphuric acid, dimethyl ester
ON2051
2,4-Dinitrotoluene / Benzene, l-methyl-2,4-dinitro-
ON2052
2,6-Dinitrotoluene / Benzene, l-methyl-2,6-dinitro-
ON2040
Di-n-octyl phthalate / 1,2-Benzenedicarboxylic acid, di-n-octyl ester
ON2136
1,4-Dioxane / 1,4-Diethylene dioxide
ON2148
1,2-Diphenylhydrazine / Hydrazine, 1,2-diphenyl-
ON2149
Dipropylamine / 1-Propanamine, N-propyl-
ON2150
Di-N-propylnitrosamine / N-Nitroso-N-aipropylamine
ON2102
Epichlorohydrin / ECH
ON2001
Ethanal / Acetaldehyde
ON2151
Ethanamine, N-ethyl-N-nitroso- / N-Nitrosodiethylamine
ON2152
Ethane, 1,2-dibromo- / Ethylene dibromide
621
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
Reference
Number
Name of Chemical
ON2153
Ethane, 1,1-dichloro-/ 1,1-Dichloroethane
ON2154
Ethane, 1,2-dichloro- / Ethylene dichloride
ON2155
1,2-Ethanediylbiscarbatnodithioic acid / Ethylenebis-(dithiocarbamic acid)
ON2156
Ethane, 1,1, 1 ,2,2,2-hexachloro- / Hexachloroethane
ON2074
Ethane, l,r-(methylenebis(oxy))bis(2-chloro- / Bis (2-chloroethoxy)methane
ON2008
Ethanenitrile / Acetonitrile
ON2137
Ethane, l.l'-oxybis- / Diethyl ether
ON2I30
Ethane, I,r-oxybis(2-chloro- / Dichloroethyl ether
ON2157
Ethane, pentachloro- / Pentachloroethane
ON2158
Ethane, 1,1,1,2-tetrachloro-/ 1,1,1,2-Tetrachloroethane
ON2159
Ethane, 1,1,2,2-tetrachloro-/ 1,1,2,2-Tetrachloroethane
ON2160
Ethanethioamide / Thioacetamide
ON2161
Ethane, 1,1,1-trichloro-/ 1,1,1-Trichloroethane
ON2162
Ethane, 1,1,2-trichloro-/ 1,1,2-Trichloroethane
ON2163
Ethane, l,l,l-trichloro-2,2-bis(p-methoxyphenyl- / Methoxychlor
ON2164
Ethanol, 2,2'(nitrosoimino)bis- / N-Nitrosodi ethanolamine
ON2010
Ethanone, 1 -phenyl- / Acetophenone
ON20I1
EthanoyI chloride / Acetyl chloride
ON2165
Ethene, chloro- / Vinyl chloride
ON2103
Ethene, 2-chloroethoxy- / 2-Chloroethyl vinyl ether
ON2128
Ethene, 1,1-dichloro-/ 1,1-Dichloroethylene
ON2129
Ethene, trans-l,2-dichloro- / 1,2-Dichloroethylene
ON2166
Ethene, 1 ,1,2,2-tetrachloro- / Tetrachloroethylene or Perchloroethylene
ON2005
Ethyl acetate / Acetic acid, ethyl ester
ON2167
Ethyl acrylate / 2-Propenoic acid, ethyl ester
ON2089
Ethyl carbamate (urethane) / Carbamic acid, ethyl ester
ON2032
Ethyl 4,4'-dichlorobenzilate / Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy,
ethyl ester
ON2155
Ethylenebis(dithiocarbamic acid) / 1,2-Ethanediylbis-carbamodithioic acid
ON2152
Ethylene dibromide / Ethane, 1,2-dibromo-
ON2I54
Ethylene dichloride / Ethane, 1,2-dichloro-
ON2168
Ethylene oxide / Oxirane
ON2169
Ethylene thiourea / 2-Imidazolidinethione
ON2137
Ethyl ether / Diethyl ether
ON2153
Ethylidene dichloride / 1,1-Dichloroethane
ON2170
Ethyl methacrylate / Methacrylic acid, ethyl ester
ON2171
Ethyl methanesulphonate / Methanesulphonic acid, ethyl ester
ON2083
Ethyl methyl ketone / Methyl ethyl ketone
ON2172
Ferric dextran / Iron dextran
ON2066
Fluoranthene / Benzo(j,k)fluorene
ON2173
Formaldehyde / Methylene oxide
ON2174
Formic acid / Methanoic acid
ON2175
Furan / Furfuran
ON2176
2-Furancarboxaldehyde / Furfural
ON2177
2,5-Furandione / Maleic anhydride
ON2178
Furan, tetrahydro- / Tetrahydrofuran
ON2176
Furfural / Furfuraldehyde
622
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
Reference
Number
Name of Chemical
ON2175
ON2179
ON2180
ON2181
ON2047
ON2079
ON2182
ON2n2
ON2156
ON2183
ON2184
ON2120
ON2138
ON2144
ON2145
ON2148
ON2185
ON2I86
ON2187
ON2143
ON2087
ON2169
ON2188
ON2172
ON2189
ON2056
ON2054
ON2118
ON2190
ON2006
ON2191
ON2192
ON2182
ON2177
ON2I41
ON2193
ON2015
ON2194
ON2195
ON2142
ON2196
ON2197
ON2105
ON2125
ON2131
ON2126
Furfuran / Furan
D-Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)- / Streptozotocin
Glycidylaldehyde / Glycidaldehyde
Guanidine, N-nitroso-N-methyl-N'-nitro- / N-Methyl-N'-nitro-N-nitrosoguanidine
Hexachlorobenzene / Benzene, hexachloro-
Hexachlorobutadiene / 1,3-Butadiene, 1,1,2,3,4,4-hexachloro-
Hexachlorocyclohexane (gamma isomer) / Lindane
Hexachlorocyclopentadiene / 1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-
Hexachloroethane / Ethane, hexachloro-
Hexachlorophene / 2,2'-Methylenebis-(3,4,6-trichlorophenoI)
Hexachloropropene / Hexachloropropylene
Hydrazine / Diamine
Hydrazine, 1,2-diethyl- / N,N-Diethylhydrazine
Hydrazine, 1,1 -dimethyl-/ 1,1-Dimethylhydrazine
Hydrazine, 1,2-dimethyl- / 1,2-Dimethylhydrazine
Hydrazine, 1,2-diphenyl-/ 1,2-Diphenylhydrazine
Hydrofluoric acid
Hydrogen fluoride
Hydrogen sulphide / Sulphur hydride
Hydroperoxide, 1-methyl-l-phenylethyl- / alpha.alpha- Dimethylbenzylhydroperoxide
Hydroxydimethylarsine oxide / Cacodylic acid
2-Imidazolidinethione / Ethylene thiourea
Indeno(l,2,3-cd)pyrene / 2,3-Phenylenepyrene
Iron dextran / Imferon
Isobutyl alcohol / Isobutanol
Isopropylbenzene / Benzene, (1-methylethyl)-
Isosafrole / Benzene, l,2-methylenedioxy-4-propenyl
Kepone / Chlordecone
Lasiocarpine / 2-Methyl-2-butenoic acid 7-((2,3-dihydroxy-2-(l-methoxyethyl)-3-methyl-l-oxobutoxy)methyl)-2,3,5,7a-
tetrahydro- 1 H-pyrrolizin- 1 -y 1 ester
Lead acetate / Acetic acid, lead salt
Lead phosphate / Phosphoric acid, lead salt
Lead subacetate / Monobasic lead acetate
Lindane / gamma-Benzene hexachloride
Maleic anhydride / 2,5-Furandione
Maleic hydrazide / 1 ,2-Dihydro-3,6-pyridazinedione
Malononitrile / Malonic dinitrile
Melphalan / Alanine, 3-(p-bis(2-chloroethyl)amino)-phenyl-, L-
Mercury
Methacrylonitrile / 2-Propenenitrile, 2-methyl-
Methanamine, N-methyl- / Dimethylamine
Methane, bromo- / Methyl bromide
Methane, chloro- / Methyl chloride
Methane, chloromethoxy- / Methylchloromethyl ether
Methane, dibromo- / Dibromomethane
Methane, dichloro- / Dichloromethane
Methane, dichlorodifluoro- / Dichlorodifluoromethane
623
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
Reference
Number
Name of Chemical
ON2198
Methane, iodo- / Methyl iodide
ON2171
Methanesulphonic acid, ethyl ester / Ethyl methanesulphonate
ON2098
Methane, tetrachloro- / Carbon tetrachloride
ON2199
Methanethiol / Methyl mercaptan
ON2078
Methane, tribromo- / Bromoform
ON2104
Methane, trichloro- / Chloroform
ON2200
Methane, trichlorofluoro- / Trichlorofluoromethane
ON2174
Methanoic acid / Formic acid
ON2099
4,7-Methanoindan, l,2,4,5,6,7,8,8-octachloro-3a,4,7,7a-tetrahydro- / Chlordane
ON2201
Methanol / Methyl alcohol
ON2202
Methapyrilene / Pyridine, 2-((2-(dimethylamino)ethyl)-2-thenylamino)-
ON2163
Methoxychlor / Ethane, l,l,l-trichloro-2,2-bis(p-methoxyphenyl-
ON2201
Methyl alcohol / Methanol
ON2196
Methyl bromide / Methane, bromo-
ON2203
1-Methylbutadiene / 1,3-Pentadiene
ON2197
Methyl chloride / Methane, chloro-
ON2096
Methyl chlorocarbonate / Methyl chloroformate
ON2161
Methylchloroform / 1,1,1-Trichloroethane
ON2096
Methyl chloroformate / Methyl chlorocarbonate
ON2105
Methyl chloromethyl ether / Chloromethyl methyl ether
ON2021
3-Methylcholanthrene / Benz(j)aceanthrylene, l,2-dihydro-3-methyl-
ON2008
Methyl cyanide / Acetonitrile
ON2028
4,4'-Methylenebis(2-chloroaniline) / Benzenamine, 4,4'-methylenebis(2-chloro-
ON2183
2,2'-Methylenebis(3,4,6-trichlorophenol) / Hexa-chlorophene
ON2125
Methylene bromide / Dibromomethane
ON2131
Methylene chloride / Dichloromethane
ON2173
Methylene oxide / Formaldehyde
ON2083
Methyl ethyl ketone / Ethyl methyl ketone
ON2084
Methyl ethyl ketone peroxide / Ethyl methyl ketone peroxide
ON2198
Methyl iodide / Methane, iodo-
ON2204
Methyl isobutyl ketone / MIBK
ON2199
Methyl mercaptan / Methanethiol
ON2205
Methyl methacrylate / 2-Propenoic acid, 2-methyl-, methyl ester
ON2181
N-Methyl-N'-nitro-N-nitrosoguanidine / Guanidine, N-nitroso-N-methyl-N'nitro-
ON2204
4-Methyl-2-pentanone / Methyl isobutyl ketone
ON2206
Methylthiouracil / 4(lH)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo-
ON2020
Mitomycin C / Azirino.(2',3':3,4)pyrrolo(l,2a)-indole-4,7-dione, 6-amino-8-(((
1 , 1 a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl
aminocarbonyl)oxy) methyl)-
ON2115
5,12-Naphthacenedione, (8S-cis)-8-acetyl-IO-((3-amino-2,3,6-trideoxy-alpha-L-Iyxo
tetrahydro-5,8,ll-trihydroxy-l-methoxy- / Daunomycin
-hexopyranosyl)oxyl)-7,8,9,10-
ON2207
Naphthalene
ON2106
Naphthalene, 2-chloro- / beta-Chloronaphthalene
ON2208
1,4-Naphthalenedione / 1,4-Naphthoquinone
ON2209
2,7-Naphthalenedisulphonic acid, 3,3'-((3,3'-dimethyl-4,4'-biphenylene)bis(azo))bis(5-
salt / Trypan Blue
amino-4-hydroxy-, tetrasodium
ON2208
1,4-Naphthoquinone / 1,4-Naphthalenedione
ON2210
1-Naphthylamine / alpha-Naphthylamine
624
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
Reference
Number
Name of Chemical
ON2211
ON2210
ON2211
ON2100
ON2057
ON2212
ON2213
ON2080
ON2164
ON2151
ON2150
ON209I
ON2092
ON2090
ON2214
ON2215
ON2030
ON2216
ON21I3
ON2168
ON2102
ON2217
ON2058
ON2157
ON2059
ON2218
ON2203
ON2003
ON2049
ON2107
ON2101
ON2132
ON2133
ON2146
ON2212
ON2218
ON2219
ON2220
ON2221
ON2188
ON2191
ON2139
ON2222
ON2035
ON2223
ON2127
2-Naphthylaniine / beta-Naphthylamine
alpha-Naphthylamine / 1-Naphthylamine
beta-Naphthylamine / 2-Naphthylamine
2-Naphthylamine, N,N'-bis(2-chloroethyl)- / Chlornaphazine
Nitrobenzene / Benzene, nitro-
p-Nitrophenol / 4-Nitrophenol
2-Nitropropane / Propane, 2-nitro-
N-Nitrosodi-n-butylamine / I-Butanamine, N-butyl-N-nitroso-
N-Nitrosodiethanolamine / Ethanol, N-nitrosoiminodi-
N-Nitrosodiethylamine / Ethanamine, N-ethyl- N-nitroso-
N-Nitroso-N-propylamine / Di-N-propylnitrosamine
N-Nitroso-N-ethylurea / N-Ethyl-N-nitrosocarbamide
N-Nitroso-N-methylurea / N-Methyl-N-nitrosocarbamide
N-Nitroso-N-methylurethane / Carbamic acid, methylnitroso-, ethyl ester
N-Nitrosopiperidine / Pyridine, hexahydro-N-nitroso-
N-Nitrosopyrrolidine / Pyrrole, tetrahydro-N-nitroso-
5-Nitro-o-toluidine / Benzenamine, 2-methyl-5-nitro-
1,2-Oxathiolane 2,2-dioxide / 1,3-Propane sultone
2H-l,3,2-Oxazaphosphorine, 2-(bis(2-chloroethyl)amino) tetrahydro-, oxide 2- / Cyclophosphamide
Oxirane / Ethylene oxide
Oxirane, 2-(chloromethyl)- / Epichlorohydrin
Paraldehyde / s-Trioxane, 2,4,6-trimethyl-
Pentachlorobenzene / Benzene, pentachloro-
Pentachloroethane / Ethane, pentachloro-
Pentachloronitrobenzene / Benzene, pentachloronitro-
Pentachlorophenol / Phenol, pentachloro-
1,3-Pentadiene / Piperylene
Phenacetin / N-(4-Ethoxyphenyl)acetamide
Phenol / Hydroxybenzene
Phenol, 2-chloro- / o-Chlorophenol
Phenol, 4-chloro-3-methyl- / 4-Chloro-m-cresol
Phenol, 2,4-dichloro- / 2,4-Dichlorophenol
Phenol, 2,6-dichloro- / 2,6-Dichlorophenol
Phenol, 2,4-dimethyl- / Xylenol
Phenol, 4-nitro- / p-Nitrophenol
Phenol, pentachloro- / Pentachlorophenol
Phenol, 2,3,4,6-tetrachloro- / 2,3,4,6-Tetrachlorophenol
Phenol, 2,4,5-trichloro- / 2,4,5-Trichlorophenol
Phenol, 2,4,6-trichloro- / 2,4,6-Trichlorophenol
2,3-Phenylenepyrene / Indeno(l,2,3-cd)pyrene
Phosphoric acid, lead salt / Lead phosphate
Phosphorodithioic acid, 0,0-diethyl-, S-methyl ester / 0,0-Diethyl-S-methyl-dithiophosphate
Phosphorus sulphide / Phosphorus pentasulphide
Phthalic anhydride / 1,2-Benzenedicarboxylic acid anhydride
2-Picoline / 2-Methylpyridine
Pronamide / 3,5-Dichloro-N-(l,I-dimethyl-2-propynyl) benzamide
625
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
Reference
Number
Name of Chemical
ON2224
l-Propanamine / n-Propylamine
ON2149
1-Propanamine, N-propyl- / Dipropylamine
ON2124
Propane, l,2-dibromo-3-chloro-/ l,2-Dibromo-3-chloropropane
ON2193
Propanedinitrile / Malononitrile
ON2213
Propane, 2-nitro- / 2-Nitropropane
ON2075
Propane, 2,2'oxybis(2-chloro- / Bis(2-chloroisopropyl) ether
ON2216
1,3-Propane sultone / 1,2-Oxathiolane, 2,2-dioxide
ON2225
1-Propanol, 2,3-dibromo-, phosphate (3:1) / Tris-(2,3-dibromopropyl) phosphate
ON2180
1-Propanol, 2,3-epoxy- / Glycidaldehyde
ON2189
1-Propanol, 2-methyl- / Isobutanol
ON2226
2-Propanone / Acetone
ON2012
2-Propenamide / Acrylamide
ON2135
Propene, 1,3-dichloro- / 1,3-Dichloropropene
ON2184
1-Propene, 1,1,2,3,3,3-hexachloro- / Hexachloropropene
ON2014
2-Propenenitrile / Acrylonitrile
ON2195
2-Propenenitrile, 2-methyl- / Methacrylonitrile
ON2013
2-Propenoic acid / Acrylic acid
ON2167
2-Propenoic acid, ethyl ester / Ethyl acrylate
ON2170
2-Propenoic acid, 2-methyl-, ethyl ester / Ethyl methacrylate
ON2205
2-Propenoic acid, 2-methyl-, methyl ester / Methyl methacrylate
ON2227
Propionic acid, 2-(2,4,5-trichlorophenoxy)- / Silvex
ON2224
n-Propylamine / 1-Propanamine
ON2134
Propylene dichloride/ 1,2-Dichloropropane
ON2228
Pyridine / Azabenzene
ON2202
Pyridine, 2-((2-(dimethylamino)ethyl)-2-thenylamino)- / Methapyrilene
ON2214
Pyridine, hexahydro-N-nitroso- / N-Nitrosopiperidine
ON2223
Pyridine, 2-methyl- / 2-Picoline
ON2206
4(lH)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo- / Methylthiouracil
ON2215
Pyrrole, tetrahydro-N-nitroso- / N-Nitrosopyrrolidine
ON2229
Reserpine / 3,4,5-Trimethoxybenzoyl methyl reserpate
ON2046
Resorcinol / 1,3-Benzenediol
ON2065
Saccharin and salts/ l,2-Benzisothiazolin-3-one, 1,1-dioxide and salts
ON2055
Safrole / Benzene, l,2-methylenedioxy-4-allyl
ON2230
Selenious acid / Monohydrated selenium dioxide
ON2231
Selenium dioxide / Selenium oxide
ON2232
Selenium disulphide / Sulphur selenide
ON2019
L-Serine, diazoacetate (ester) / Azaserine
ON2227
Silvex / Propionic acid, 2-(2,4,5-trichlorophenoxy)-
ON2140
4,4'-Stilbenediol, alpha,alpha'-diethyl- / Diethylstilbestrol
ON2179
Streptozotocin / D-Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-
ON2187
Sulphur hydride / Hydrogen sulphide
ON2147
Sulphuric acid, dimethyl ester / Dimethyl sulphate
ON2222
Sulphur phosphide / Phosphorus pentasulphide
ON2232
Sulphur selenide / Selenium disulphide
ON2233
2,4,5-T / 2,4,5-Trichlorophenoxyacetic acid
ON2061
1,2,4,5-Tetrachlorobenzene / Benzene, 1,2,4,5-tetrachloro-
626
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
Reference
Number
Name of Chemical
ON2158
1,1,1,2-Tetrachloroethane / Ethane, 1,1,1,2-tetrachloro-
ON2159
1,1,2,2-Tetrachloroethane / Ethane, 1,1,2,2-tetrachloro-
ON2166
Tetrachloroethylene / Perchloroethylene
ON2219
2,3,4,6-Tetrachlorophenol / Phenol, 2,3,4,6-tetrachloro-
ON2178
Tetrahydrofuran / Oxolane
ON2007
Thallium (I) acetate / Acetic acid, thallium (I) salt
ON2095
Thallium (I) carbonate / Carbonic acid, dithallium (I) sah
ON2234
Thallium (I) chloride / Thallous chloride
ON2235
Thallium (I) nitrate / Thallous nitrate
ON2160
Thioacetamide / Ethanethioamide
ON2199
Thiomethanol / Methyl mercaptan
ON2093
Thiourea / Thiocarbamide
ON2076
Thiram / Bis(dimethylthiocarbamoyl) disulphide
ON2050
Toluene / Methylbenzene
ON2121
Toluenediamine / Diaminotoluene
ON2044
Toluene diisocyanate / Benzene, 2,4-diisocyanato-l-methyl-
ON2029
O-Toluidine hydrochloride / Benzenamine, 2-methyl-, hydrochloride
ON2016
lH-l,2,4-Triazol-3-amine / Amitrole
ON2161
1,1,1-Trichloroethane / Ethane, 1,1,1-trichloro-
ON2162
1,1,2-Trichloroethane/ Ethane, 1,1,2-trichloro-
ON2236
Trichloroethene / Trichloroethylene
ON2236
Trichloroethylene / Trichloroethene
ON2200
Trichloromonofluoromethane / Trichlorofluoromethane
ON2220
2,4,5-Trichlorophenol / Phenol, 2,4,5-trichloro-
ON2221
2,4,6-Trichlorophenol / Phenol, 2,4,6-trichloro-
ON2233
2,4,5-Trichlorophenoxyacetic acid / 2,4,5-T
ON2063
sym-Trinitrobenzene / 1,3,5-Trinitrobenzene
ON2217
1,3,5-Trioxane, 2,4,6-trimethyl- / Paraldehyde
ON???S
Tris(2,3-dibromopropyl) phosphate / 1-Propanol, 2,3-dibromo-, phosphate
ON2209
Trypan blue / 2,7-Naphthalenedisulphonic acid, 3,3'-((3,3'-dimethyl-4,4'-biphenylene)bis(azo))-bis(5-amino-4
letrasodium salt
hydroxy-.
ON2237
Uracil, 5-(bis(2-chloroethyl)amino)- / Uracil mustard
ON2237
Uracil mustard / Uracil, 5-(bis(2-chloroethyl)amino)-
ON2165
Vinyl chloride / Ethene, chloro-
ON2009
Warfarin, when present at concentrations of 0.3 per cent or less / 3-(alpha-Acetonylbenzyl)-4-hydroxy-coumarin
when present at concentrations of 0.3 per cent or less
and salts.
ON2045
Xylene / Dimethylbenzene
ON2146
Xylenol / 2,4-Dimethylphenol
ON2229
Yohimban-16-carboxylic acid, ll,17-dimethoxy-l8-((3,4,5-trimethoxybenzoyl)oxyl)-, methyl ester / Reserpine
ON2238
Zinc phosphide, when present at concentrations of 10 per cent or less
O. Reg. 322/85, s. II, part; O. Reg. 464/85, s. 9 (1, 2).
627
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
Schedule 3
SEVERELY TOXIC CONTAMINANTS
Reference
Number
Contaminant
ON3001
Anatoxin
ON3002
2,3,7,8-Tetrachlorodibenzo-p-dioxin
ON3003
1,2,3, 7,8-Pentachlorodibenzo-p-dioxin
ON3004
1,2,3,4,7,8-Hexachlorodibenzo-p-dioxin
ON3005
1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin
ON3006
1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin
ON3007
2,3,7,8-Tetrachlorodlbenzo furan
O. Reg. 322/85, s. 11, part; O. Reg. 464/85, s. 9 (l),part.
Schedule 4
LEACHATE QUALITY CRITERIA
Reference
Number
Contaminant
Concentration
(milligrams
per litre)
ON4001
2,4,5-TP / Silvex / 2-(2,4,5-Trichlorophenoxy)propionic acid
0.01
ON4002
2,4-D
0.1
ON4003
Aldrin + Dieldrin
0.0007
ON4004
Arsenic
0.05
ON4005
Barium
1.0
ON4006
Boron
5.0
ON4007
Cadmium
0.005
ON4008
Carbaryl / 1-Naphthyl-N-methyl carbamate / Sevin
0.07
ON4009
Chlordane
0.007
ON4010
Chromium
0.05
ON4011
Cyanide (free)
0.2
ON4012
DDT
0.03
ON4013
Diazinon / Phospordithioic acid, 0,0-diethyl 0-(2-isopsopyl-6-methyI-4-pyrimidinyl) ester
0.0002
ON4014
Endrin
0.0002
ON4015
Fluoride
2.4
ON4016
Heptachlor + Heptachlor epoxide
0.003
ON4017
Lead
0.05
ON4018
Lindane
0.004
ON4019
Mercury
0.001
ON4020
Methoxychlor /l,l,l-Trichloro-2, 2-bis(p-methoxyphenyl)ethane
0.1
ON4021
Methyl Parathion
0.007
ON4022
Nitrate + Nitrite
10.0
ON4023
Nitrilotriacetic acid
0.05
ON4024
Nitrite
1.0
ON4025
PCBs
0.003
ON4026
Parathion
0.035
ON4027
Selenium
0.01
ON4028
Silver
0.05
ON4029
Toxaphene
0.005
ON4030
Trihalomethanes
0.35
628
Reg./Règl. 347 PROTECTION DE L'ENVIRONNEMENT Reg./Règl. 347
Reference
Number
Contaminant
Concentration
(milligrams
per litre)
ON4031
Uranium
0.02
LEACHATE EXTRACTION PROCEDURE
(1) Sampling
Collect a sufficient amount of sample to provide approximately 100 g of solid material, using techniques which ensure that the sample is represen-
tative of the waste.
(2) Equipment
2. 1 Sieve, 9.5 mm mesh opening, stainless steel or plastic material.
2.2 Stainless steel filtration unit, 142 mm diameter, minimum IL capacity, capable of sustaining a pressure of 5 kg/cm^, applied to the solution
to be filtered.
2.3 Membrane filter, 142 mm diameter, 0.45 fm diameter pore size, made of synthetic organic material such as cellulose acetate, cellulose
nitrate, nylon or polycarbonate and which is compatible with the leachate to be filtered. Teflon is recommended for organic constitutents.
2.4 Glass fibre prefilter, 124 mm diameter, 3 fm to 12 fm pore size range.
2.5 Vacuum filtration unit, 90 mm diameter.
2.6 Membrane filter 90 mm diameter as per Step 2.3.
2.7 Glass fibre filter 70 mm diameter as per Step 2.4.
2.8 Solid waste rotary extractor— a device that rotates the bottles end over end about a central axis through 360°, with a speed of 10 rpm. The
dimensions of the box will depend on the needs of each laboratory. (Figure 1).
2.9 Structural Integrity Tester with a 3.18 cm diameter hammer weighing 0.33 kilogram and having a free fall of 15.24 cm. (Figure 2).
2. 10 pH meter, with a readability of 0.01 pH unit and accuracy of ± 0. 1 pH units.
2.11 Cylindrical bottles, wide mouth, 1250 mL capacity, polyethylene or glass with Teflon lined cap for inorganic constituents; glass with
Teflon-lined cap or Teflon bottles for organic constituents.
2.12 Cleaning Procedure
All glassware and equipment that comes into contact with the sample should be cleaned in the following way before each use:
2. 12. 1 Wash with a non-phosphate detergent solution.
2.12.2 Rinse twice with tap water.
2. 12.3 Rinse twice with reagent water.
2.12.4 Wash with 10% nitric acid.
2.12.5 Rinse several times with reagent water.
2.12.6 Store bottles filled with 10% nitric acid, until ready to use.
2. 12.7 Rinse several times with reagent water before use.
2.12.8 Rinse clean oven dried bottles with methylene chloride, followed by methanol, for organic constituents.
(3) Reagents
3. 1 Acetic acid, 0.5 N. Dilute 29.4 mL of concentrated acetic acid (ACS grade) to 1000 mL with reagent water.
3.2 Reagent water. Type IV (ASTM Specification D 1193). For organic parameters, the reagent water should be free of any organic sub-
stances to be analyzed (ASTM Type 1).
3.3 Nitric acid, 10% (v/v). Add 100 mL of concentrated nitric acid (ACS grade) to 900 mL of reagent water.
3.4 Nitrogen gas, pre-purified, scrubbed through a molecular sieve.
(4) Separation Procedure
629
Reg./Règl. 347 ENVIRONMENTAL PROTECTION Reg./Règl. 347
If the sample contains a distinct liquid and a solid phase, separate it into its component phases using the following procedure:
4.1 Determine the dry weight of the solids in the sample at 60°C, using a well homogenised sample. Use this weight to determine the amount
of material to be filtered.
4.2 Assemble the filtration unit with a filter bed consisting of a 0.45 fm pore size membrane filter and a coarse glass fibre pre-filter upstream
of the membrane filter (per manufacturer's instructions).
4.3 Select one or more blank filters from each batch of filters. Filter 50 mL portions of reagent water through each test filter and analyze the
filtrate for the analytical parameters of interest. Note the volume required to reduce the blank values to acceptable levels.
4.4 Wash each filter used in the leach procedure with at least this predetermined volume of water. Filter under pressure until no water flows
through the filtrate outlet.
4.5 Remove the moist filter bed from the filtration unit and determine its weight to the nearest ±0.01 g.
4.6 Re-assemble the filtration unit, replacing the filter bed, as before.
4.7 Comminute the sample, with a mortar and pestle, to a size that will pass through the opening of the filtration unit (less than 9.5 mm).
4.8 Agitate the sample by hand and pour a representative aliquot of the solid and liquid phases into the opening of the filtration unit. Filter a
sufficient amount of the sample to provide at least 60 g of dry solid material.
4.9 Pressurize the reservoir very slowly with nitrogen gas by means of the regulating valve on the nitrogen gas cylinder, until liquid begins to
flow freely from the filtrate outlet.
4.10 Increase the pressure step-wise in increments of 0.5 kg/sq. cm to a maximum of 5 kg/sq. cm, as the flow diminishes. Continue filtration
until the liquid flow ceases or the pressurizing gas begins to exit from the filtrate outlet of the filter unit.
4.11 De-pressurize the filtration unit slowly using the release valve on the filtration unit. Remove and weigh the solid material together with
the filter bed to ± 0.01 g. Record the weight of the solid material.
4.12 Measure and record the volume and pHof the liquid phase. Store the liquid at 4°C under nitrogen until required in Step 5.13.
4.13 Discard the solid portion, if the weight is less than 0.5% (w/v) of the aliquot taken. If not, proceed to Step 5.1.
Note: For mixtures containing coarse grained solids, where separation can be performed without imposing a 5 kg/sq. cm differential pres-
sure, a vacuum filtration unit with a filler bed as per Step 4. 2 may be used. Vacuum filtration must not be used, if volatile organic compounds
are to be analysed.
(5) Extraction Procedure
5.1 Prepare a solid sample for extraction by crushing, cutting or grinding, to pass through a 9.5 mm mesh sieve. If the original sample contains
both liquid and solid phases, use the solid material from Step 4.13. The structural integrity procedure. Step 6, should be used for mono-
lithic wastes which are expected to maintain their structural integrity in a landfill, (e.g. some slags and treated solidified wastes).
Note: Do not allow the solid waste material to dry prior to the extraction step.
5.2 Determine the moisture content of the de-watered sample, by drying a suitable aliquot to constant weight at 60°C in an oven. Discard the
dried solid material.
5.3 Place the equivalent of 50 g dry weight of the de-watered undried material into a 1250 mL wide mouth cylindrical bottle. Use additional
bottles, if a larger volume of leachate is required for the analysis.
5.4 Add 800 mL (less the moisture content of the sample in mL) of reagent water to the bottle.
5.5 Cap the bottle and agitate it in the rotary extractor for 15 minutes before pH measurement.
5.6 Measure and record the pH of the solution in the bottle using a pH meter, calibrated with buffers at pH 7.00 and pH 4.00. The solution
should be stirred during the pH measurement.
5.7 Proceed to Step 5.10.1, if the pH is less than 5.2.
5.8 Addasufficientvolumeof0.5Naceticacidif the pH is greater than 5.2 to bring the pH to 5.0 ± 0.2.
Note: Maximum Amount of Acid: No more than 4 mL of 0.5N acetic acid per gram of dry weight of sample may be added during the entire
procedure. If the pH is not lowered to 5.0 ± 0. 2 with this amount, proceed with the extraction.
5.9 Cap the bottle and place it in the tumbling apparatus. Rotate the bottle and its contents at 10 rpm for 24 hours at room temperature (20°C
to 25°C).
5.10 Monitor, and manually adjust the pH during the course of the extraction, if it is greater than 5.0 ± 0.2. The following procedure should be
carefully followed:
630
Reg./Règl. 347 PROTECTION DE L'ENVIRONNEMENT Reg./Règl. 347
5. 10. 1 Measure the pH of the solution after 1 hour, 3 hours and 6 hours from the starting time. If the pH Is above 5.2, reduce it to pH 5.0
± 0.2 by addition of 0.5N acetic acid. If the pH is below 5.0 ± 0.2, do not make any adjustments.
5.10.2 Adjust the volume of the solution to 1000 mL with reagent water, if the pH is below 5.0 ± 0.2 after 6 hours.
5. 10.3 Measure and reduce the pH to 5.0 ± 0.2, if required, after 22 hours and continue the extraction for an additional 2 hours.
5.11 Add enough reagent water at the end of the extraction period so that the total volume of liquid is 1000 mL. Record the amount of acid
added and the final pH of the solution.
5.12 Separate the material into its component liquid and solid phases as described under the Separation Procedure, Step 4. Discard the solid
portion.
Note: It may be necessary to centrifuge the suspension at high speed before filtration, for leachates containing very fine grained particles.
5.13 Calculate the amount of free liquid from Step 4.12 corresponding to 50 g of the dry solid material. Add this amount to the leachate from
Step 5.12.
Note: If the analysis is not performed immediately, store separate aliquots of the leachate at 4 °C, after adding appropriate preservatives for
the analytical parameters of interest (See "A Guide to the Collection and Submission of Samples for Laboratory Analysis", Ontario Ministry
of the Environment, July 1979).
5.14 Analyze the combined solutions from Step 5.13 for contaminants listed in Schedule 4, that are likely to be present.
5.15 Report concentrations of contaminants in the combined leachate and the free liquid solution as mg/L.
5.16 Cany a blank sample through the entire procedure, using dilute acetic acid at pH 5.0 ± 0.2.
(6) Structural Integrity Procedure
This procedure may be required prior to extraction for some samples as indicated in Step 5.1. It may be omitted for wastes with known high
structural integrity.
Procedure
6.1 Fill the sample holder with the material to be tested. If the sample of the waste is a large monolithic block, cut a portion from the block
measuring 3.3 cm in diameter by 7.1 cm in length. For a treated waste (e.g. solidified waste) samples may be cast in a form with the above
dimensions for the purposes of conducting this test. In such cases, the waste should be allowed to cure for 30 days prior to further testing.
6.2 Place the sample holder in the structural integrity tester, then raise the hammer to its maximum height and allow it to fall. Repeat this pro-
cedure 14 times.
6.3 Remove the material from the sample holder, and proceed to Step 5.2. If the sample has not disintegrated, it may be sectioned; alterna-
tively use the entire sample (after weighing) and a sufficiently large bottle as the extraction vessel. The volume of reagent water to be ini-
tially added is 16 mL/g of dry sample weight. The maximum amount of 0.5N acetic acid to be added is 4 mL/g of dry sample weight. The
final volume of the leachate should be 20 mL/g of dry sample weight.
631
Reg./Règl. 347
ENVIRONMENTAL PROTECTION
Reg./Règl. 347
LEACHATE 6
i
c
I-
K
UJ
I
2
-1
o
(0
632
Reg./Règl. 347
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 347
LEACHATE 7
COMBINED
WEIGHT
33 Kg
(73 lb.)
ELAS10MERIC
SAMPLE HOLDER
FIGURE 2
STRUCTURAL INTEGRITY TESTER
&S
Reg./Règl. 347 ENVIRONMENTAL PROTECTION Reg./Règl. 347
TEST METHOD FOR THE DETERMINATION OF "LIQUID WASTE" (SLUMP TEST')
1) Sampling
Obtain a representative sample of the waste to be tested.
2) Equipment
2.1 Mould— the representative waste sample shall be formed in a mould, in the form of the frustum of a cone with the base 200 mm in diam-
eter, the top 100 mm in diameter, and the height 300 mm. The base and the top shall be open and parallel to each other and at right
angles to the axis of the cone. The mould shall be made of a metal that is chemically resistant to the wastes to be tested and that has a
thickness that is at least 1.5 mm. It shall be provided with foot pieces and handles as shown in Figure 3.
2.2 Tamping Rod— the rod shall be round, straight, and steel with a diameter of 16 mm and a length of 600 mm. One end shall be rounded
to a hemispherical tip with a diameter of 16 mm.
3) Procedure
3.1 Dampen the mould and place it on a flat, moist, non-absorbent (rigid) surface. Hold the mould firmly in place during filling by standing
on the two foot pieces. From the sample of the material obtained, immediately fill the mould in three layers, each approximately one-
third the volume of the mould.
Notes: 1) The test must be carried out at a temperature of not less than 10°C.
2) One-third of the volume of the slump mould fills it to a depth of 70 mm. Two-thirds of the volume fills it to a depth of 160 mm.
3.2 Rod each layer with 25 strokes of the tamping rod. Uniformly distribute the strokes over the cross-section of each layer. For the bottom
layer this will necessitate inclining the rod slightly and making approximately half of the strokes near the perimeter, and then progress-
ing with vertical strokes spirally toward the center. Rod layers throughout their depth. For the second layer and the top layer, the
strokes must just penetrate into the underlying layers.
*The method is based on the Canadian Standards Association test method for determining the slump of concrete (A23.2-5C).
3.3 When filling and rodding the top layer, heap the material above the mould before rodding is started. If the rodding operation results in
subsidence of the material below the top edge of the mould, add additional material to maintain an excess of material above the top of
the mould. After the top layer has been rodded, the excess material shall be screeded off to the level of the top of the mould. Remove
the spilled material from the base of the mould.
3.4 Withdraw the mould immediately from the material by raising it carefully in a vertical direction. The operation of raising the mould
shall be performed in approximately 5 seconds by a steady upward lift with no lateral or torsional motion. The entire operation from the
start of the filling through removal of the mould shall be carried out without interruption and shall be completed within 2 minutes.
3.5 Determine the slump immediately after by measuring the difference between the height of the mould and the average height of the top
surface of the material after subsidence.
Notes: 1) Waste samples that break or slump laterally give incorrect results. When this condition occurs the test shall be repeated with a
new sample.
2) If two consecutive tests on a sample of material show a falling away or shearing off of a portion of the material from the mass of
the specimen, the material probably lacks necessary plasticity and cohesiveness for the slump test to be applicable.
3) Duplicate tests on two different portions of the sample should not vary more than 10 mm.
4) Report
4. 1 Record the slump in millimeters to the nearest 10 mm of subsidence of the sample during the test.
634
Reg./Règl. 347
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Reg./Règl. 347
SLUMP
-3-
PLAN
300t Snini
«DE VIEW
FIGURE 3
MOULD FOR SLUMP TEST
Except where indicited by an asieristi. éM measurements are approximate.
G. Reg. 322/85, s. Ihpart; O. Reg. 464/85, s. 9 (l),part.
Cas
Reg./Règl. 348
ENVIRONMENTAL PROTECTION
Reg./Règl. 349
REGULATION 348
HAULED LIQUID INDUSTRL\L WASTE DISPOSAL
SITES
1.— (1) In this Regulation "reference period" means the five year
period ending on the 1st day of December, 1981.
(2) Sites in respect of which certificates of approval or provisional
certificates of approval relating to the disposal of hauled liquid indus-
trial waste by landfilling or the termination of the disposal of hauled
liquid industrial waste by landfilling are i,ssued under Part V of the
Act after the 1st day of December, 1981 are classified and are
exempt from this Regulation. O. Reg. 808/81, s. 1.
2.— (1) The sites set out in Schedule 1 are classified as Schedule 1
sites.
(2) Schedule 1 sites are exempt from sections 27, 28, 40, 41 and
43 of the Act. O. Reg. 808/81, s. 2.
3.— (1) The following are prescribed as standards for the opera-
tion and maintenance of Schedule 1 sites:
1. Utilization of the site shall be in accordance with the terms
and conditions in the most recently issued certificate of
approval or provisional certificate of approval in respect of
the site whether or not the certificate is valid.
2. Utilization of the site shall be in accordance with all plans
and specifications, as amended, concerning the site, submit-
ted to and accepted by the Director or as altered by terms
and conditions in the most recently issued certificate of
approval or provisional certificate of approval in respect of
the site, whether or not the certificate is valid.
3. There shall not be accepted at the site, for disposal, waste
of a type or category that was not accepted there during the
reference period.
4. In any period of twelve months, there shall not be accepted
at the site, for disposal by landfilling, more than 110 per
cent of the waste accepted for disposal by landfilling during
any twelve month period in the reference period.
5. In any period of twelve months, the proportion of hauled
liquid industrial waste accepted for disposal to total waste
accepted for disposal, shall not exceed the proportion
accepted during the reference period.
6. Access to the site shall be limited to those times when oper-
ational staff are on duty and only those persons authorized
to use the site shall be allowed access to it.
7. When operational staff of the site are not on duty, the road-
way to the site shall be closed by a locked gate.
8. The quantity of all wastes received at the site shall be accu-
rately determined.
9. Ground water and surface water quality in and around the
site shall be regularly monitored in accordance with a suit-
ably designed program for the purpose. O. Reg. 808/81,
s. 3.
(2) No person shall operate a Schedule 1 site except in accor-
dance with the standards prescribed in subsection (1). O. Reg.
599/88, s. 1.
4. The following are prescribed as records to be kept by every
operator of a Schedule 1 site;
1 . A daily record of quantities and classes of waste accepted at
the site.
2. A record of site utilization made as areas or cells are newly
opened or finally closed.
3. A record of the results of any ongoing monitoring programs
for ground water, surface water, leachate and gas.
O. Reg. 808/81, s. 4.
5. The following are prescribed as reports to be submitted by the
operator of a Schedule 1 site to the Director every calendar year:
1. A report summarizing the records kept under paragraph 1
of section 4.
2. A report summarizing the records kept under paragraph 2
of section 4.
3. A report summarizing and providing a detailed analysis of
the records kept under paragraph 3 of section 4.
4. A report in the form of a site map indicating all the newly
and previously landfilled areas including elevation contours
at five feet intervals, pollution control facilities, on-site
roads, access roads, buildings, screening and monitoring
locations.
5. A report on the operation of the leachate collection system,
if any.
6. A report on the life expectancy of the site including details
as to the anticipated growth in volumes of waste and antici-
pated new classes of wastes.
Schedule 1
1. The Corporation of the City of Barrie landfilling site located on
Lot 22, Concession 7, City of Barrie, County of Simcoe.
2. The Corporation of the Township of Hamilton landfilling site
located on lots 7 and 8, Concession 2, Township of Hamilton,
County of Northumberland.
3. The Corporation of the Town of Arnprior landfilling site
located on Lot 10, Concession 13, Township of McNab, County of
Renfrew.
4. The Corporation of the City of Brantford landfilling site located
on part of Lovejoy Grant and Lot 20 in the Eagle's Nest Tract, City
of Brantford, County of Brant.
5. The Corporation of the Town of Paris landfilling site located on
township Lot 31, Town of Paris (formerly Township of South Dum-
fries), County of Brant.
6. The Corporation of the City of Guelph landfilling site located
on lots 4 and 5, Concession 5, Division 'C, City of Guelph (formerly
Township of Guelph) and on lots 4 and 5, Concession 5, Division 'C,
Township of Guelph, all in the County of Wellington.
7. The Tricil Limited landfilling site located on Lot 9, Concession
10, Township of Moore, County of Lambton.
8. The Corporation of the City of Welland landfilling site located
on Registered Plan 14 South of Macoomb St. (formerly St. John St.),
City of Welland (formerly Township of Crowland), Regional Munici-
pality of Niagara. O. Reg. 808/81, Sched. 1.
REGULATION 349
HOT MIX ASPHALT FACILITIES
1. In this Regulation,
"aggregate" means any material, including gravel, slag, limestone.
«6
Reg./Règl. 349
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 349
crushed rock, sand, hydrated lime, cernent, furnace ash, glass or
sulphur, used to produce asphalt paving when mixed with bitumi-
nous asphalt;
"HMA facility" means a hot mix asphalt facility with equipment
designed to heat and dry aggregate and to mix aggregate with bitu-
minous asphalt to produce asphalt paving material;
"portable HMA facility" means an HMA facility that remains at one
location for less than one year;
"reference pressure" means a pressure of 101,325 pascals;
"reference temperature" means a temperature of 25 degrees Celsius;
"suspended particulate matter" means any solid or condensible
material carried in the exhaust gases from an HMA facility col-
lected and measured by standard sampling and analytical methods
described in the "Source Testing Code" published by the Ministry
of the Environment. O. Reg. 469/87, s. 1.
2.— (1) Except for the period of fifteen minutes immediately fol-
lowing start-up, no person responsible for an HMA facility shall
operate or permit the operation of the facility in such a manner as to
emit suspended particulate matter into the air at a concentration in
excess of 0.230 grams per cubic metre measured dry and undiluted in
the exhaust gases and reported at reference temperature and refer-
ence pressure.
(2) This section does not apply to an HMA facility operating
under a certificate of approval issued before the 31st day of Decem-
ber, 1985. O. Reg. 469/87, s. 2.
3. Except for a period of fifteen minutes immediately following
start-up, no person responsible for an HMA facility shall operate or
permit the operation of the facility so that visible material including a
water plume and fallout of water droplets emitted into the air from
the facility impinges on any point beyond the limits of the property
on which the facility is located. O. Reg. 469/87, s. 3.
4. No person responsible for an HMA facility shall permit visible
solid material emitted from any source other than the facility to pass
beyond the limits of the property on which the facility is located.
O. Reg. 469/87, s. 4.
5. In the event that malfunctioning of an HMA facility or any
other operating condition occurs that results in the limits prescribed
in section 2, 3 or 4 being exceeded, the person responsible for the
facility shall,
(a) immediately take all possible steps to minimize the extent
and duration of the event including, when necessary, reduc-
ing the rate at which reclaimed asphalt paving is fed to the
facility;
(b) immediately notify the Director and furnish him or her with
particulars of the event; and
(c) at the earliest opportunity, but not later than seven days
after the event, furnish the Director with the particulars of
the event in writing. O. Reg. 469/87, s. 5.
6. Every person responsible for a portable HMA facility shall,
(a) keep a copy of the certificate of approval issued for the
facility available for inspection at the facility site; and
Form 1
Environmental Protection Act
PORTABLE HOT MIX ASPHALT FACILITY
NOTICE OF INTENDED RELOCATION
1. Name of company owning and/or operating portable HMA
facility, contact person and telephone number.
2. Certificate of Approval number (please attach copy of certifi-
cate)
3. Proposed location of portable HMA facility (municipality, lot
and concession number). Please attach a sketch to show loca-
tion of nearest residences and other land uses within a 500
metre radius, i.e. schools, hospitals, shopping centres, senior
citizens homes.
4. Operating Schedule
(a) Date of commencement and completion of contract
(b) Days of Operation
(c) Hours of Operation
5.
(a) Type of portable HMA facility
(b) Rate of Production
(c) Emission control equipment (fabric filter, wet scrub-
ber)
(d) Fuel used
6. Proposed maximum amount of reclaimed asphalt paving
(RAP) to be used (i.e. maximum percentage in mix 30%,
50%, etc.)
7. Previous location of HMA facility (last contract site, munici-
pality, lot and concession number)
(b) give notice of any intended relocation of the facility by com-
pleting Form 1 and submitting it to the Director at least fif-
teen days before the intended relocation. O. Reg. 469/87,
s. 6.
O. Reg. 469/87, Form 1.
637
Reg./Règl. 350
ENVIRONMENTAL PROTECTION
Reg./Règl. 352
REGULATION 350
LAMBTON INDUSTRY METEOROLOGICAL
ALERT
1.— (1) In this Regulation,
"Alert" means an alert declared by the Director under section 2;
"Lambton Industry Meteorological Alert System" means an air
monitoring system utilizing meteorological facilities and data from
four air monitoring stations located in Port Huron, Corunna and
Sarnia; and
"source of contaminant" means a source of contaminant capable of
emitting 500 kilograms of sulphur dioxide into the air in a twenty-
four hour period.
(2) The application of this Regulation is limited to that part of the
County of Lambton bounded by Lake Huron, the St. Clair River,
that part of the King's Highway known as No. 80, the roadway
known as Moore Township Road 31 and its continuation through
that part of the King's Highway known as No. 40 and the roadway
known as Lambton County Road 27. O. Reg. 151/81, s. 1.
2.— (1) The Director may declare an Alert when the twenty-four
hour running average sulphur dioxide concentration at any monitor-
ing station in the Lambton Industry Meteorological Alert System
reaches 0.07 parts per million parts of air and meteorological fore-
casts indicate a continuation for six hours of weather conditions con-
ducive to elevated sulphur dioxide concentrations.
(2) The Director shall declare the termination of an Alert, when
weather conditions conducive to the elevated sulphur dioxide con-
centrations referred to in subsection (1) end, and are forecast not to
return within the next six hours. O. Reg. 151/81, s. 2.
3.— (1) During an Alert, no person shall cause or permit the emis-
sion of sulphur dioxide from a source of contaminant so that its con-
centration at a point of impingement exceeds 415 micrograms of
sulphur dioxide per cubic metre of air, half hour average.
(2) The concentration of sulphur dioxide at a point of impinge-
ment shall be calculated in accordance with the Appendix to Regula-
tion 346 of Revised Regulations of Ontario, 1990. O. Reg. 151/81,
s. 3.
REGULATION 351
person or persons for pleasure, whether on charter or not, and
whether for compensation or not, and includes a boat used on
water for living purposes;
"pump-out facility" means a device or equipment for removing sew-
age from a pleasure boat in which a toilet is installed by the use of
hose or pipe connected to a pump or equipment designed to create
suction and located other than on the boat from which the sewage
is to be removed;
"sewage" means all human excrement;
"toilet", in relation to a pleasure boat, means equipment designed or
used for defecation or urination by humans. R.R.O. 1980, Reg.
310, s. 1.
2. The operator of a marina shall,
(a) provide at the marina containers for litter in sufficient num-
ber and so located that they can be conveniently used by
occupants of pleasure boats;
(b) ensure that the containers are maintained in a sound and
sanitary condition; and
(c) dispose of litter in the containers in accordance with all
applicable laws. R.R.O. 1980, Reg. 310, s. 2.
3. The operator of a commercial marina shall,
(a) provide at the marina or arrange for at another place a
pump-out facility that is easily accessible to and can be con-
veniently used by occupants of pleasure boats in which toi-
lets are installed that are using the marina;
(b) ensure that at all times during the period of operation of the
marina any pump-out facility at the marina or arranged for
at another place is in good operating condition;
(c) remove or cause to be removed sewage from a pleasure
boat in which a toilet is installed by means of a pump-out
facility at the request of the person in charge of such boat
upon payment of fee; and
(d) transfer and dispose of sewage from any pump-out facility
at the marina, or ensure the transfer and disposal of sewage
from any pump-out facility arranged for at another place, in
accordance with all applicable laws. R.R.O. 1980, Reg.
310, s. 3.
MARINAS
1. In this Regulation,
"commercial marina" means a place located on or adjacent to a body
of water or a watercourse where overnight moorings, moorings for
a fee, storage, repairs, or marine fuel are ordinarily provided for
or supplied to pleasure boats in which toilets are installed and
includes a place operated by a boat or yacht club;
"litter" means organic and inorganic waste, except sewage, and
includes fuel, lubricants, paper, rags, bottles, glass, plastics, crock-
ery, cans, scrap metal, junk, or similar refuse or garbage;
"marina" means a place located on or adjacent to a body of water or
a watercourse where moorings or any services are provided for
pleasure boats or the occupants thereof, and includes a commer-
cial marina but does not include a place used primarily by the
owner thereof for the owner's purposes;
"operator" includes the owner or lessee of a marina;
"pleasure boat" means a boat used primarily for the carriage of a
REGULATION 352
MOBILE PCB DESTRUCTION FACILITIES
1. In this Regulation,
"local municipality" means a city, town, village, township or
improvement district;
"mobile PCB destruction facility" means movable, transportable
machinery or equipment that is intended to destroy the chemical
structure of PCBs;
"PCB" means any monochlorinated or polychlorinated biphenyl or
any mbcture of them or mbcture that contains one or more of them;
"PCB equipment" means equipment designed or manufactured to
operate with PCB liquid or to which PCB liquid was added or
drums and other containers used for the storage of PCB liquid;
"PCB liquid" means liquid containing PCBs at a concentration of
more than fifty milligrams per kilogram;
638
Reg./Règl. 352
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 352
"PCB material" means material containing PCBs at a concentration
of more than fifty milligrams per kilogram whether the material is
liquid or not;
"PCB waste" means,
(a) PCB equipment,
(b) PCB liquid, or
(c) PCB material,
but does not include,
(d) PCB material or PCB equipment after it has been deconta-
minated pursuant to guidelines or codes of practice pub-
lished by the Ministry of the Environment,
(e) PCB equipment that is,
(i) an electrical capacitor that has never contained
one kilogram of PCBs,
over
(ii) electrical, heat transfer or hydraulic equipment or a
vapour diffusion pump that is being put to the use
for which it was originally designed or is being stored
for such use by a person who uses the equipment for
the purpose for which it was originally designed, or
(iii) machinery or equipment referred to in subclause
(0(0. or
(f) PCB liquid that is,
(i) at the site of fixed machinery or equipment, the
operation of which is intended to destroy the chemi-
cal structure of PCBs by using the PCBs as a source
of fuel or chlorine for a purpose other than the
destruction of PCBs or other wastes and with respect
to which a certificate of approval has been issued
under section 9 of the Act specifying the manner in
which PCB liquid be processed in the machinery or
equipment, or
(ii) in PCB equipment referred to in subclause (e) (ii).
O. Reg. 148/86, s. 1.
2.— (1) Mobile PCB destruction facilities that process PCB waste
so that the PCB and associated organic matrix are disposed of by
incineration or other thermo-chemical processes are classified as
Class 1 mobile PCB destruction facility waste management systems.
(2) Mobile PCB destruction facilities that process PCB waste so
that the PCB is disposed of by chemical means and the associated
organic matrix is recovered for re-use or disposal are classified as
Class 2 mobile PCB destruction facility waste management systems.
(3) Every site upon which a Class 1 mobile PCB destruction facil-
ity waste management system is situate to operate solely to destroy
PCR waste is classified as a Class 1 mobile PCB destruction facility
waste disposal site.
(4) Every site, except a Class 3 mobile PCB destruction facility
waste disposal site, upon which a Class 2 mobile PCB destruction
facility waste management system is situate to operate solely to
destroy PCB waste is classified as a Class 2 mobile PCB destruction
facility waste disposal site.
(5) Every site upon which is situated a Class 2 mobile PCB
destruction facility waste management system that is connected to an
electrical transformer for which the transformer fluid is treated and
returned to that transformer is classified as a Class 3 mobile PCB
destruction facility waste disposal site. O. Reg. 148/86, s. 2.
3.— (1) Class 2 mobile PCB destruction facility waste manage-
ment systems and Classes 2 and 3 mobile PCB destruction facility
waste disposal sites are exempt from section 32 of the Act whereby a
public hearing may be required.
(2) Classes 2 and 3 mobile PCB destruction facility waste disposal
sites are exempt from section 30 of the Act requiring a public hear-
ing.
(3) All classes of mobile PCB destruction facility waste disposal
sites are exempt from section 46 of the Act. O. Reg. 148/86, s. 3.
4.— (1) Every operator of a mobile PCB destruction facility waste
disposal site shall keep the following records in respect of the site:
1. A description of the source, nature and quantities of the
PCB wastes dealt with.
2. The name of the owner of the site and the name of the
operator of the site.
3. A description of the location of the site where the PCB
wastes are being destroyed including, if that site is one
authorized under Regulation 362 of Revised Regulations of
Ontario, 1990, the name of the operator of that PCB waste
disposal site.
4. The dates of receipt and destruction of the PCB wastes
received.
5. The method of destruction used for disposal of the PCB
waste and the time of commencement and cessation of each
of the operations of the equipment used for each day or
part day of operations.
6. Where monitoring or sampling equipment is employed, the
resulting monitoring or sampling and analytical information
and, where instructed by the Director in writing, a summary
of the resulting monitoring or sampling and analytical infor-
mation.
7. A description of the nature and quantities of any solid or
liquid material remaining after destruction of PCB waste.
8. The methods, times and locations at which any material
referred to in paragraph 7 is disposed of or stored.
9. A description of every accident, process upset, breakdown
or spill that occurs at the site including the reasons for the
occurrence, any damage or injury suffered and the mea-
sures taken to repair, mitigate or prevent damage or injury.
(2) Every operator of a mobile PCB destruction facility waste dis-
posal site shall submit to the Director a written report containing the
information required to be recorded under subsection (1) and para-
graph 17 of section 6 within sixty days after the cessation of opera-
tions at the site.
(3) An operator may dispose of records kept under subsection (1)
and paragraph 17 of section 6 five years after the submission of the
report referred to in subsection (2). O. Reg. 148/86, s. 4.
5.— (1) No owner shall allow a Class 2 mobile PCB destruction
facility waste management system to remain on a Class 2 or 3 mobile
PCB destruction facility waste disposal site for more than ninety days
after the start of its installation or assembly at the site.
(2) No owner shall operate or allow the operation of Class 2
mobile PCB destruction facility waste management systems except,
(a) at Class 2 mobile PCB destruction facility waste disposal
sites during the first year that they are located in a particu-
lar local municipality, if the operations would result in an
aggregate, for the year, of more than a total of up to 1,800
hours; or
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ENVIRONMENTAL PROTECTION
Reg./Règl. 352
(b) other than as permitted in clause (a), for more than a total
of up to 1,440 hours without a break of at least one year
before the next operation totalling up to 1,440 hours.
(3) No owner shall operate a mobile PCB destruction facility at
any one Class 3 mobile PCB destruction facility waste disposal site
for more than a total of up to 168 hours without a break of at least
one year before the next operation totalling up to 168 hours may
begin. O. Reg. 600/88, s. 1.
(4) Subsections (1), (2) and (3) do not apply where prior
approval for a longer established site period or a longer operating
period is granted by the Director, the municipal government respon-
sible for waste disposal and the local municipality in which the site is
located. O. Reg. 148/86, s. 5 (4).
6.— (1) No person shall use, operate or establish a mobile PCB
destruction facility waste disposal site except in accordance with the
following standards:
1. The maximum one-half hour average concentration of PCB
in air at a point of impingement from a mobile PCB
destruction facility waste disposal site shall not be greater
than 450 nanograms per cubic metre of air.
2. The maximum one-half hour average concentrations of
chlorinated dibenzodioxins and chlorinated dibenzofurans
in air at a point of impingement from a mobile PCB
destruction facility waste disposal site shall be such that the
following calculation results in a value of A less than or
equal to one:
= A
450 pg/m' 450 x 50 pg/m'
where x = one half hour concentration, in pg/m', of chlorinated
dibenzodioxin determined at a point of impinge-
ment,
y = one half hour concentration, in pg/m', of chlorinated
dibenzofuran determined at a point of impingement,
and
pg/m' = picograms per cubic metre.
3. The one-half hour average concentrations of PCB, chlori-
nated dibenzodioxins and di-benzofurans in air at a point of
impingement shall be determined by measurement of the
air or by calculation in accordance with the Appendix to
Regulation 346 of Revised Regulations of Ontario, 1990
except, where the calculation is used, the maximum height
above grade of the point of emission, for purposes of the
calculation, shall be 12.2 metres.
4. For Class 1 systems, the mass air emissions from the system
shall be no greater than 0.001 grams PCB per kilogram of
the PCB introduced into the system.
5. Solid waste that originates from the operation of a mobile
PCB destruction facility waste disposal site shall be dealt
with as follows:
i. Where the waste contains a concentration of fifty
milligrams per kilogram or less of PCB, the waste
shall be disposed of in a properly certified waste dis-
posal site.
ii. Waste that contains a concentration exceeding fifty
milligrams per kilogram of PCB shall not be diluted.
iii. Where the waste contains a concentration exceeding
fifty milligrams per kilogram of PCB, Regulation 362
of Revised Regulations of Ontario, 1990 applies to
its storage, transportation and disposal.
6. PCB equipment shall not be decontaminated at a mobile
PCB destruction facility waste disposal site unless the certif-
icate of approval for the site expressly allows the activity.
7. Cooling water, surface drainage water, including contami-
nated precipitation, and other wastewater that originates
from the operation of a mobile PCB destruction facility
waste disposal site shall be dealt with as follows:
i. Where the wastewater contains a concentration of
up to five micrograms per litre of PCB, it may be dis-
charged,
A. to a municipal sewage treatment plant,
1. if the certificate of approval of the site
expressly allows the activity and speci-
fies the municipal sewage treatment
plants that may receive the discharge,
or
2.
in accordance with written instructions
of the Director,
B. except as prohibited in subsection (2), by
spraying it on soil,
1. if the certificate of approval of the site
expressly allows the activity, or
2. in accordance with written instructions
of the Director,
C. directly or indirectly into water,
1. if the certificate of approval of the site
expressly allows the activity, or
2. in accordance with written instructions
of the Director.
ii. Where the wastewater contains a concentration of
five micrograms per litre or greater of PCB, it shall
be treated, through removal or destruction of the
PCB, to reduce the PCB concentration to less than
five micrograms per litre and discharged as provided
in subparagraph i.
iii. Wastewater containing tetrachlorinated to octachlo-
rinated dibenzodioxins or tetrachlorinated to octa-
chlorinated dibenzofurans shall not be discharged,
directly or indirectly, into water unless the concen-
tration of these materials in the wastewater ulti-
mately discharged to the natural environment is
equal to or less than 0.25 nanograms per litre for
each congener group of these chemicals based on a
one litre sample size.
8. Every person storing PCB waste at a mobile PCB destruc-
tion facility waste disposal site shall ensure that the PCB
waste is in a safe and secure location so as to prevent PCB
waste coming into contact with any person and so that all
liquid containing PCBs that may escape can be readily
recovered and will not discharge, directly or indirectly, into
a watercourse or groundwater.
9. All PCB liquid that is spilled shall be safely and effectively
contained forthwith and the liquid and all associated con-
taminated materials shall be placed in closed containment.
10. Except as provided in subsection (3), each mobile PCB
destruction facility waste disposal site shall have an assigned
storage area where all PCB wastes awaiting treatment,
decontamination or destruction are contained.
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Reg./Règl. 352
11. The storage area referred to in paragraph 10 shall be con-
tained by a spill collection tray system or an impoundment
on an impermeable pad or floor of sufficient capacity to
contain 100 per cent of the volume of the stored liquid or
such lesser amount, consistent with maintaining the protec-
tion of human health and the natural environment, as the
Director stipulates as a condition attaching to the site certif-
icate of approval.
12. Precipitation shall be either excluded from spill contain-
ment areas or collected and sampled and that which is con-
taminated with PCBs dealt with in accordance with para-
graph 7.
13. For Class 1 and 2 sites, the volume of PCB wastes contained
in the storage area referred to in paragraph 10 shall not
exceed the volume required for 120 hours of operation or
such greater amount as the Director, after considering the
capacity of the system, the type of storage, the site location
and the contingency plans and spill containment features
for the site, permits as a condition attaching to the site cer-
tificate of approval.
14. Drums and storage tanks used to store PCB waste shall be
of good quality, free from corrosion and visible defects,
sealed and clearly identified as containing PCB waste.
15. When a transfer of PCB liquid from one container to
another is necessary, the PCB liquid shall be pumped when-
ever practical.
16. Mobile PCB destruction machinery including pumps, hoses,
connections and other equipment used to handle PCB
waste shall be thoroughly inspected for leaks and signs of
wear during each start-up and shut-down of operation of
the equipment and at least once during every continuous
eight hour period of operation of the equipment.
17. The operator of the facility shall keep records of the inspec-
tions carried out in accordance with paragraph 16 and shall
include the following:
i. The time and date of the inspection.
ii. The name and job title of the person carrying out the
inspection.
iii. A description of the equipment inspected.
iv. The reason for the inspection.
V. The observations made.
vi. Any tests carried out and the results of the tests.
vii. A description of all equipment replaced and repairs
and maintenance carried out as a result of every
inspection.
viii. The signature of the person making the inspection
verifying that the information is correct.
18. Pumps, hoses, connectors and other equipment used to
handle PCB waste shall not be used for any other purpose
unless they have been decontaminated, prior to any other
use being made of them.
19. Class 1 and 2 sites shall be enclosed to prevent entry by
unauthorized persons and access to the property shall be
controlled by a gate capable of being locked.
20. All operations at the site shall be adequately and continu-
ally supervised.
21. Access to the site shall be limited to the times an attendant
is on duty.
22. Except as provided in subsection (4), where a location is to
be used as a Class 1 site the facility and associated equip-
ment, including PCB waste storage containers shall be at
least 250 metres from occupied residences, public buildings,
schools, hospitals, nursing homes, commercial or industrial
food processing or preparation establishments, farm build-
ings containing livestock, feedlots and livestock feed pro-
cessing or handling establishments.
23. Except as provided in subsection (4), where a location is to
be used as a Class 2 site the facility and associated equip-
ment, including PCB waste storage containers, shall be at
least twenty metres from occupied residences, public build-
ings, schools, hospitals, nursing homes, commercial or
industrial food processing or preparation establishments,
farm buildings containing livestock, feedlots and livestock
feed processing or handling establishments.
24. No systems and associated equipment, including PCB waste
storage containers, shall be located,
i. closer than 100 metres from any watercourse, except
that equipment at a Class 3 site may be closer if the
equipment can be adequately isolated from the
watercourse using impermeable impoundments or
barriers, and
ii. closer than 100 metres from any drainage system,
including openings to sanitary and storm sewer sys-
tems, except that equipment may be closer if the
equipment can be adequately isolated from the
drainage system using impermeable impoundments
or barriers.
25. The terrain of a site on which the mobile PCB destruction
facility is to be established shall be reasonably level and
well graded.
26. Soil or ground cover characteristics shall be such as to facili-
tate prompt containment and clean-up of all spills of liquid
containing PCBs.
27. Where parameters have been identified and operational
ranges established as conditions attaching to a certificate of
approval for control of a mobile PCB destruction facility
waste management system, the input of PCB waste to the
destruction unit of the system shall cease forthwith upon the
operational range for any of the identified parameters being
exceeded. O. Reg. 148/86, s. 6 (1); O. Reg. 600/88, s. 2.
(2) Sub-subparagraph B of subparagraph i of paragraph 7 of sub-
section (1) does not apply to permit spraying in residential, school or
public parkland areas or where the total spray volume at the soil
spray site would result in a concentration of PCB of greater than 5
milligrams per kilogram in the soil layer located from the surface of
the ground to a depth of 15 centimetres below ground surface.
(3) Paragraph 10 of subsection (1) does not apply to any mobile
PCB destruction facility located at an existing PCB waste disposal
site established under Regulation 362 of Revised Regulations of
Ontario, 1990 or a certificate of approval specifying the manner in
which PCB waste may be stored.
(4) For the purposes of paragraphs 22 and 23 of subsection (1),
commercial or industrial food processing or preparation establish-
ments do not include food processing or preparation facilities associ-
ated with lunchrooms, cafeterias or similar establishments controlled
by the owner or operator of the site mainly for the use by employees
of the owner or operator. O. Reg. 148/86, s. 6 (2-4).
7.— (1) An application for a certificate of approval for a mobile
641
Reg./Règl. 352
ENVIRONMENTAL PROTECTION
Reg./Règl. 352
PCB destruction facility waste management system or waste disposal
site shall be in Form 1 and shall include,
(a) a contingency plan that sets out the measures that will be
taken by the operator to deal immediately with on-site
emergencies such as spills, fires and vandalism and,
(i) the notification procedures to be used to contact the
Ministry and municipal authorities forthwith, of the
emergency being encountered as well as the mea-
sures being taken to deal with it, and
(ii) a list of the equipment, material and personnel that
will be available at the site or will be called to the site
to deal with an emergency and a description of meth-
ods and procedures to be employed in dealing with
an emergency; and
(b) a data quality assurance program showing,
(i) protocols for testing and operating the facility,
(ii) the capabilities of the laboratory facilities to be used,
(iii) a statement of the credentials, training and experi-
ence of the operating staff including supervisory and
laboratory staff, and
(iv) a description of the monitoring and analytical pro-
grams, in the workplace and elsewhere, to be carried
out.
(2) Every operator of a site shall ensure that the equipment and
material, as set out in a contingency plan, for an approved site is kept
on hand, adequately maintained and kept in good repair for immedi-
ate use and that site personnel are trained in its use and the methods
and procedures to be employed in the event of an emergency.
O. Reg. 148/86, s. 7.
8.— (1) Every applicant, other than a municipality, for a certifi-
cate of approval for a Class 1 mobile PCB destruction facility waste
disposal site shall,
(a) deposit a sum of money;
(b) furnish a surety bond; or
(c) furnish personal sureties,
in the amount of $50,000.
(2) Every applicant, other than a municipality, for a certificate of
approval for a Class 2 mobile PCB destruction facility waste manage-
ment system shall,
(a) deposit a sum of money;
(b) furnish a surety bond; or
(c) furnish personal sureties,
in the amount of $50,000 for each mobile PCB destruction facility
operating in Ontario.
(3) Where the applicant, during operation of the site or within
sixty days after giving the Director notice that the equipment is disas-
sembled and the site is terminated, fails to comply with the Direc-
tor's requirements to remove such waste or to carry out such actions
as the Director considers necessary to ensure satisfactory mainte-
nance of the equipment or the site, the money, bond or sureties
deposited or their proceeds may be used by the Director in carrying
out the necessary actions. O. Reg. 148/86, s. 8.
9.— (1) Where notice is required to be given under subsection
30 (2) of the Act in respect of a proposed Class 1 site, notice shall
also be given to the clerk of the municipality responsible for waste
disposal, the medical officer of health, the directors of the local
Boards of Education and, where the proposed site is part of an exist-
ing industrial establishment, mine or mining plant, a copy of the
notice shall be posted in a conspicuous place at the workplace v/here
it is likely to come to the attention of the workers.
(2) For the purposes of subsection (1), "industrial establish-
ment", "mine", "mining plant" and "workplace" have the same
meaning as in the Occupational Health and Safety Act.
(3) The notice required under subsection (1) shall include,
(a) the date on which assembly of the Class 1 system and PCB
wastes may commence;
(b) location of the site;
(c) estimated amount and PCB concentration of the waste to
be treated;
(d) estimated duration of operations at the site;
(e) estimated schedule of operations at the site;
(f) a brief description of the technology; and
(g) the location of a public repository holding all documents
associated with the application for Class 1 site approval.
(4) For Class 2 sites, thirty days' notice of an application for the
issuance of a certificate of approval shall be given to the clerks of the
local municipality and the municipality responsible for waste disposal
if it is not the local municipality and the medical officer of health.
(5) The notice required under subsection (4) shall include,
(a) the date on which assembly of the Class 2 system and PCB
wastes may commence;
(b) location of the site;
(c) estimated amount and PCB concentration of the waste to
be treated;
(d) estimated duration of operations at the site;
(e) estimated schedule of operations at the site;
(f) a brief description of the technology; and
(g) the location of a public repository holding all documents
associated with the application for site approval. O. Reg.
148/86, s. 9.
10.— (1) When fluid from an electrical transformer is treated at a
Class 3 site, the operator of the mobile PCB destruction facility shall
sample and analyze the fluid for PCBs after the completion of the
treatment but not sooner than ninety days after. O. Reg. 600/88,
s. 3.
(2) For the purposes of this Regulation, the PCB equipment
referred to in subsection (1) shall not be considered to be decontami-
nated until the sample results required under subsection (1) confirm
that the PCB concentration of the fluid is less than 50 milligrams per
litre. O. Reg. 148/86, s. 10 (2).
11. No person shall operate a mobile PCB destruction facility
waste management system unless the PCB waste to be destroyed is
sampled and analyzed for PCBs and is confirmed to contain an
amount and concentration of PCBs which is in compliance with the
approved capacity of the system. O. Reg. 600/88, s. 4, part.
12. No person shall dispose of solid and liquid wastes from the
operation of a Class 2 or Class 3 mobile PCB destruction facility
642
Reg./Règl. 352
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 352
waste disposal site that may contain PCBs without first sampling and
analyzing the wastes for PCBs. O. Reg. 600/88, s. A, part.
13. The operator of a Class 1 system shall sample the mass air
emissions from the system for PCBs, chlorinated dibenzodioxins and
chlorinated dibenzofurans as set out in each of the following para-
graphs, with analysis of the samples to be completed as soon as prac-
ticable following sampling completion:
1. During the first twenty-four hours of operation at each of
the first three sites of operation.
2. At least once, in addition to the requirement under para-
graph 1, for each of the first three sites of operation and,
thereafter, at least once in every year in which the system is
in operation in Ontario.
After any major repairs or alterations to the system that are
likely to affect the mass air emissions of these chemicals.
O. Reg. 600/88, s. 4,pa«.
14. Where any class of mobile PCS destruction facility waste dis-
posal site is to be located on land that is the subject of a certificate of
approval issued pursuant to Part V of the Act for other than a mobile
PCB destruction facility waste disposal site, the existing waste man-
agement system or waste disposal site is exempt from sections 27, 30
and 32 of the Act with respect to the use, operation, establishment,
alteration, enlargement or extension of the mobile PCB destruction
facility waste disposal site where a separate certificate of approval is
issued for the mobile PCB destruction facility waste disposal site.
O. Reg. 148/86, s. 14.
Form 1
Environmental Protection Act
APPLICATION FOR A CERTIFICATE OF APPROVAL FOR
DESTRUCTION OF PCBs USING MOBILE TECHNOLOGY
1 . Approval is being sought for: (Check D)
(a) Mobile PCB Destruction Facility Waste Management System (Technology) D
(b) Mobile PCB Destruction Facility Waste Disposal Site (Site) D
2. Applicant:
(a) Name:
Address:
City/Town Province/State Postal/Zip Code
(b) Contact Person for this Application:
Name:
Position With Applicant:
Telephone:
(c) Every applicant other than an individual operating under his or her own name must attach a copy of:
(i) the most current "Initial Notice or Notice of Change", (Form 1 or 2 of Reg. 182, R.R.O. 1990) filed under the Corporations
Information Act, or
(ii) the most recent declaration filed under the Business Names Act.
(d) If more than one applicant, supply the above information for each applicant.
3. (a) E>oes Applicant own the destruction technology equipment?
Yes/No
(b) If not, supply the following information:
(i) Equipment Owner's Name:
Address:
City/Town Province/State Postal/Zip Code
(ii) By attachment, the details of the relationship between the equipment owner and Applicant with respect to liability for any occur-
rences arising out of the transportation, assembly, use and disassembly of the equipment.
TECHNOLOGY
4. The following information is required for the technology associated with this application:
(a) If the technology is currently approved by the Ontario Ministry of the Environment, provide the date and Certificate of Approval Num-
ber for the approval.
M3
Reg./Règl. 352 ENVIRONMENTAL PROTECTION Reg./Règl. 352
Date:
Approval No.:
The relevant documentation from this approval will form part of the local information repository for all site applications using this
approved technology. Any matters considered confidential must be specifically identified by the applicant with reasons given as to why the
information must be kept confidential.
(b) Where approval of the technology is required:
(i) Class of System: Class 1 D
Class 2 D
(ii) Type of Operation:
Continuous
D
Batch
D
Other
D
(If other, specify)
(iii) Type of PCB Wastes to be disposed of:
Liquid D Solid D
Describe the wastes: (use attachment if necessary)
(iv) Range of PCB concentrations to be dealt with for each waste type: (include units) (use attachment if necessary)
Type From To Maximum
2
3
(v) Maximum volume/weight and related maximum PCB concentration of each waste type to be treated in an appropriate time
period: (include units) (use attachment if necessary)
Type Vol./Wt. Concentration Time Period
1
2
3
(vi) Supplementary fuel requirements:
Type of fuel:
Storage capacity on mobile unit:
Type and capacity of storage required at site, not on the unit:
Flow Rate:
If more than one fuel supplement, include further information as attachment.
(vii) Storage capacity for PCB wastes as part of the mobile unit:
liquids: litres solids: cu.m.
Note: Documentation on how accidental discharges of any materials from the mobile unit will be contained and cleaned up must be
included in design, operations and/or contingency plans or manuals submitted as part of this application.
(viii) Attach a list of solid and liquid waste types, composition, volumes per unit time and sources generally generated by operation of
the mobile unit. A detailed description of this information shall be included in the process description and mass balance docu-
mentation to be attached. This information shall be supplemented on a site application to deal specifically with the wastes being
disposed of at the site.
(ix) Attach a list of air contaminants generally expected to be emitted from the mobile unit including the concentrations for each con-
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Reg./Règl. 352 PROTECTION DE L'ENVIRONNEMENT Reg./Règl. 352
taminant and air flow data for each source. This information shall be supplemented on a site application to deal specifically with
the wastes being disposed of at the site.
(x) Attach a list of process parameters which are able to be monitored and the operational range for each parameter for acceptable
operation. A detailed description of these parameters and the methods of monitoring along with reasons for choosing the appro-
priate operational range for each shall be included in the design and/or operations documentation.
(») Briefly describe conditions which would result in automatic shutdown of the destruction process.
Refer to location(s) in supporting documentation where shutdown features are dealt with in detail.
(xii) For Class 2 systems, indicate the type of financial security to be provided:
Cash D
Surety Bond D
Personal sureties D
Attach details of how this security is arranged.
(xiii) Supporting documents attached:
Process Description D
(Physical/chemical/biological)
Mass Balance Calculations D
Design Plans D
Design Manual D
Operations Manual D
Contingency Plan D
Data Quality Assurance Program D
Other (attach title list) D
SITE
5. The following information is required for each site associated with this application:
(a) Class of Site:
Class 1 D Class 2 D Class 3 D
Note: A hearing is required to be held on applications for Class 1 sites.
(b) Site Location:
Description:
Street Address or Lot and Concession
Municipality:
City, Town, Village, Township or Improvement District
Metropolitan Area, Region, County or District
Note: Site plans attached under paragraph 5 (n) shall precisely depict the site location and its relationship to features noted in the regu-
lation.
(c) Site Owner(s):
Name(s):
MS
Reg./Règl. 352 ENVIRONMENTAL PROTECTION Reg./Règl. 352
Address:
Street
City/Town Province/State Postal/Zip Code
If a site is occupied or under the charge, management or control of someone other than the owner, the above information for that per-
son(s) is required, by attachment.
(d) Attach a complete summary of the PCB wastes that are intended to be disposed of at the site from all sources. This summary must
include:
(i) the present owner of the waste,
(ii) the source of the waste,
(iii) the present location of the waste,
(iv) the person presently in possession or control of the waste if not the owner,
(v) the type of waste (i.e. solid, liquid) and description,
(vi) the volume of waste (in litres and/or cubic metres),
(vii) the maximum concentration of PCBs and the range, where applicable, and,
(viii) how it will be dealt with prior to destruction.
Note: Where it is not obvious what other materials the PCB wastes may contain, the Director requires confirmation of materials com-
position by sample analysis.
(e) State:
(i) The total capacity of the storage area associated with this site:
liquids Htres solids kg.
(ii) Is this site presently approved pursuant to a certificate of approval or Regulation 362, R.R.O. 1990?
Yes/No
If yes, provide the date of approval and either the Certificate of Approval Number or a copy of the Director's Instructions under
Regulation 362, R.R.O. 1990.
Date.
Approval No.: or Director's Instructions
attached D
(f) Refer to location(s) in supporting documentation where on-site storage facilities, including containment and weather protection, are
dealt with in detail.
(g) Indicate:
(i) what days of the week and hours of operation are being sought for approval:
Day Hours of Operation Total Hours Per Day
Sun.
Mon.
Tue.
Wed.
Thurs.
Fri.
Sat.
Total Hours Per Week: =
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Reg./Règl. 352 PROTECTION DE L'ENVIRONNEMENT Reg./Règl. 352
(ii) number of weeks of operation for which approval is sought: weeks.
(iii) total hours of operation to be covered by the approval if given:
(h) Indicate:
(i) estimated date for commencement of assembly of the technology:
(ii) time required for assembly of technology:
(iii) time requiredfordisassembly of technology and quitting site:
(iv) estimated expiry date for this approval if given:
(i) Do you wish to decontaminate PCB equipment at this site under this application?
Yes/No
If yes, attach documentation detailing what equipment is to be decontaminated, the methods to be used, and the additional PCB wastes
to be generated. Include this volume in paragraph 5 (d) above.
(j) Attach a list of solid and liquid waste types, composition, volumes and sources expected to be generated by the operation of this site. A
detailed description of this information shall be included in the operations manual documentation to be attached.
(k) Describe where and how the wastes identified in paragraph 5 (j) are to be disposed of: (include attachment if necessary)
Note: Wastes must be classified in accordance with Regulation 347, R.R.O. 1990 and disposed of at waste disposal sites or sewage
treatment plants certified to accept waste of that type or under this certificate of approval.
(I) Attach a list of air contaminants expected to be emitted by the operation of this site including the concentrations for each contaminant
and each source. Include the necessary calculations to show air emission compliance with this Regulation and Regulation 346, R.R.O.
1990.
Note: An application for a certificate of approval pursuant to section 9 of the Environmental Protection Act must be made and
approved where air emissions are expected. The section 9 application can be made jointly with this application on the appropri-
ate form obtained from the Director.
(m) For Class 1 sites, indicate the type of financial security to be provided:
Cash n
Surety Bond D
Personal sureties D
Attach details of how this security is arranged,
(n) Supporting documents attached for this site:
Site Plans D
Operations Manual D
Contingency Plan D
Data Quality Assurance Program D
Other (attach title list) D
(o) Attach copies of letters of transmittal confirming that the contingency plan has been filed with the clerks of the local municipality and
the municipality responsible for waste disposal if it is not the local municipality, police and fire officials and the medical officer of
health.
(p) Provide the details, by attachment, of the relationship between:
(i) the applicant and the site owner,
(ii) the applicant and the occupier or person having the charge, management or control of the site, and
(iii) the owner and the occupier or person having the charge, management or control of the site,
with respect to liability for any occurrences arising out of the use of the site as a waste disposal site.
(q) Provide the details, by attachment, of general liability and environmental impact liability insurance coverage carried relevant to this
application.
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ENVIRONMENTAL PROTECTION
Reg./Règl. 353
Where the Applicant is not the owner of the land to be used as a site:
I (We), as owner(s), or acting as agent for the owner(s) of the lands described as the site in paragraphs 5 (b) and (n) of this application,
have knowledge of and agree to the proposed use of these lands as a mobile PCB destruction facility waste disposal site as set out in this
application.
Name(s) of person signing:
Print or Type
Where owner(s) is a corporation, position held by person signing on behalf of corporation:
Print or Type
Where person signing is agent, include documentation showing agency relationship.
Signature:
Date Signed:
The undersigned consents to the disclosure of any information contained in this application, including attachments, and any supplemental
correspondence and information directly relating to this application except for that information which is specifically held to be confidential
as set out by attachment to this application. In the case of supplemental correspondence and information, the applicant shall indicate
what, if any, information is considered confidential at the time it is submitted.
Signed and dated on behalf of the Applicant:
Name:
Print or Type
Relationship to Applicant:
Print or Type
Signature:
Date Signed:
Note: It is an offence to knowingly give false information in an application made to the Minister, a provincial officer or any employee of
the Ministry in respect of any matter under this Act or the regulations, (s. 184, Environmental Protection Act).
O. Reg. 148/86, Form 1.
REGULATION 353
MOTOR VEHICLES
1. In this Regulation,
"catalytic converter" means a device through which exhaust from a
motor is passed in order to prevent or lessen the emission of a con-
taminant and which device would be impaired in its functioning by
the use of leaded gasoline as a fuel for operation of the motor;
"gross vehicle weight" means the manufacturer's gross weight rating;
"leaded gasoline" means gasoline that is not unleaded gasoline;
"light duty motor vehicle" means a motor vehicle having a gross
vehicle weight of 2,720 kilograms or less, but does not include a
motorcycle;
"model year", when used with respect to a motor vehicle, means the
model year designated by the manufacturer but, where the manu-
facturer does not make such a designation, means the calendar
year in which the manufacture of a motor vehicle is completed;
"motorcycle" means a motor vehicle having seat or saddle for the
use of the driver and designed to travel on not more than three
wheels in contact with the ground and includes a bicycle with a
motor attached and a motor scooter;
"unleaded gasoline" means gasoline that contains not more than
0.013 grams of lead per litre and not more than 0.0013 grams of
phosphorus per litre. R.R.O. 1980, Reg. 311, s. 1.
2. Motor vehicles for which a permit under the Highway Traffic
Act has not been issued are exempt from this Regulation except sec-
tion 4. R.R.O. 1980, Reg. 311, s. 2.
3.— (1) No person shall use leaded gasoline as a fuel to operate a
motor vehicle manufactured with a catalytic converter.
(2) No person shall operate or cause or permit the operation of a
motor vehicle with a catalytic converter after leaded gasoline has
been used as a fuel in the motor vehicle until the catalytic converter
has been repaired or replaced.
(3) A motor vehicle manufactured with a catalytic converter
incorporated as part of a system to prevent or lessen the emission of
any contaminant shall include, as part of the system, a gasoline tank
filler inlet that,
(a) allows the insertion of a nozzle spout terminal end that has
an outside diameter not greater than 2.134 centimetres;
(b) has a restriction preventing the insertion of a nozzle spout
terminal end that has an outside diameter greater than
2.362 centimetres; and
(c) is designed to pass not more than 700 millilitres of gasoline
into the tank when introduction of gasoline is attempted
from a nozzle referred to in clause (b). R.R.O. 1980, Reg.
311, s. 3.
4. No person shall operate a light duty motor vehicle from which
there is a visible emission of a contaminant or contaminants for more
than fifteen seconds in any five-minute period. R.R.O. 1980, Reg.
311, s. 4.
648
Reg./Règl. 353
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Reg./Règl. 353
5. In respect of a motor or motor vehicle manufactured with a
system or device to prevent or lessen the emission of any contami-
nant, the system or device, or any replacement therefor,
(a) shall be maintained and kept in such a state of repair that it
is capable of performing the function for which it was
intended; and
(b) shall be kept installed on, attached to or incorporated in the
motor or motor vehicle in such a manner that, when the
motor or motor vehicle is operating, the system or device
functions in the manner in which it was intended to
function. R.R.O. 1980, Reg. 311, s. 5.
6.— (1) For a light duty motor vehicle of a model year and dis-
placement listed in Column 1 of the Table, the figures appearing
opposite in the remaining columns are prescribed as maximum emis-
sion standards for the vehicle with respect to the contaminant named
at the head of each column when tested under the test conditions
specified.
(2) Where a light duty motor vehicle is tested for compliance with
the maximum emission standards prescribed by subsection (1),
(a) the motor shall be at its normal operating temperature;
(b) the transmission of the motor vehicle shall be in the neutral
position;
(c) for the test conditions indicated in Column 2, 4 or 6 of the
Table, the accelerator pedal shall not be depressed;
(d) for the test conditions indicated in Column 3, 5 or 7 of the
Table, the accelerator pedal shall be depressed so as to
produce a rotational speed of the motor of between 2,450
and 2,550 revolutions per minute; and
(e) the test, except a test of visible emissions, shall be carried
out using an infra-red analyzer or other analytical device or
procedure of equivalent accuracy.
(3) Every motor vehicle for which emission standards are pre-
scribed in subsection (1) shall comply with such standards.
TABLE
MAXIMUM EMISSION STANDARDS
Exhaust Emissions
Hydrocarbons
(parts per million
by volume)
Carbon Monoxide
(per cent by volume)
Visible Emissions
of a Contaminant
or Contaminants
(seconds in any
one-minute period)
Test Conditions
idle
fast idle
idle
fast idle
idle
fast idle
1
2
3
4
5
6
7
Model Year
Displacement
Before 1969
2.29 litres or less
800
800
6
5
5
5
Before 1969
more than 2.29 litres
600
600
5
3
5
5
1969
2.29 litres or less
600
600
5
3
5
5
1969
more than 2.29 litres
500
500
4
2
5
5
1970 or 1971
2.29 litres or less
500
500
4
2.5
5
5
1970 or 1971
more than 2.29 litres
400
400
3
1.5
5
5
1972, 1973, 1974
2.29 litres or less
500
500
3.5
2
5
5
1972, 1973, 1974
more than 2.29 litres
400
400
2.5
I
5
5
1975 or after
2.29 litres or less
400
400
2.5
1.5
5
5
1975 or after
more than 2.29 litres
300
300
2
1
5
5
R.R.O. 1980, Reg. 311, s. 6.
7.— (1) A provincial officer, designated for the purpose of carrying out Part III of the Act, or a police officer may, by written notice in Form
1 , require the driver or owner of a motor vehicle to submit such motor vehicle for testing and inspection.
(2) Every driver or owner of a motor vehicle shall comply with a written notice given under subsection (1). R.R.O. 1980, Reg. 311, s. 7.
Form 1
Environmental Protection Act
NOTICE TO SUBMIT MOTOR VEHICLE
Take Notice that under the Environmental Protection Act and the regulations thereunder.
m
Reg./Règl. 353
ENVIRONMENTAL PROTECTION
Reg./Règl. 356
Name:
Address:
Driver Licence Number:
is required to submit the motor vehicle bearing Ontario Registration Plate Number (year)
to the inspection site at
on between the hours of
(month) (day) (year)
and for testing and inspection.
Dated at this day of , 19.,
Provincial Officer or Police Officer
R.R,0. 1980, Reg. 311, Form L
REGULATION 354
MUNICIPAL SEWAGE AND WATER AND ROADS
CLASS ENVIRONMENTAL ASSESSMENT
PROJECT
1. A use, operation, establishment, alteration, enlargement or
extension of a waste disposal site approved under Order-in-Council
No. O.C. 836/87 or O.C. 837/87 made under the Environmental
Assessment Act, being chapter 140 of the Revised Statutes of
Ontario, 1980 copies of which may be found in the public records
maintained under section 31 of that Act, or proceeding under subsec-
tion 5 (4) of Regulation 334 of Revised Regulations of Ontario, 1990
is exempt from the provision in subsection 30 (1) or 32 (1) of the Act
requiring or permitting the Director to hold a hearing. O. Reg.
206/87, s. 1.
REGULATION 355
ONTARIO HYDRO
i. Emissions of sulphur dioxide and of nitric oxide from the fossil-
fuelled electric generating stations of Ontario Hydro shall not
exceed, in the aggregate, 280 kilotonnes in 1990, 1991, 1992 or 1993.
O. Reg. 281/87, s. 2.
2. Emissions of sulphur dioxide and of nitric oxide from the fossil-
fuelled electric generating stations of Ontario Hydro shall not
exceed, in the aggregate, 215 kilotonnes in any year after 1993.
O. Reg. 281/87, s. 3.
3. Emissions of sulphur dioxide from the fossil-fuelled electric
generating stations of Ontario Hydro shall not exceed, in the aggre-
gate, 240 kilotonnes in 1990, 1991, 1992 or 1993. O. Reg. 281/87,
s. 5.
4. Emissions of sulphur dioxide from the fossil-fuelled electric
generating stations of Ontario Hydro shall not exceed, in the aggre-
gate, 175 kilotonnes in any year after 1993. O. Reg. 281/87, s. 6.
5. Ontario Hydro shall perform such studies and research as are
necessary to determine the options available by which it can meet the
limits prescribed in sections 1 to 4. O. Reg. 281/87, s. 7.
6.— (1) Ontario Hydro shall file written reports with the Ministers
of Energy and the Environment by the 1st day of March, June, Sep-
tember and December in each year setting out the total of the emis-
sions of sulphur dioxide and nitric oxide from the fossil-fuelled elec-
tric generating stations for the three-month period ending on the last
day of March, June, September and December immediately before
the filing of the report.
(2) Ontario Hydro shall file written reports with the Ministers of
Energy and the Environment by the 31st day of January and July in
each year setting out the progress being made for purposes of the
limits specified in sections 1 to 4. O. Reg. 281/87, s. 8, revised.
REGULATION 356
OZONE DEPLETING SUBSTANCES-GENERAL
Exemptions
1.— (1) Section 58 of the Act and sections 4 and 5 of this Regula-
tion do not apply in respect of the classes of things listed in Schedule
1.
(2) This Regulation applies only in respect of the ozone depleting
substances referred to in section 57 of the Act. O. Reg. 518/90,
s. 1.
2.— (1) The use, transport, storage and disposal of things contain-
ing an ozone depleting substance that acts as a propellant are exempt
from section 58 of the Act.
(2) The display for purposes other than sale or promotion of
things containing an ozone depleting substance that acts as a propel-
lant is exempt from section 58 of the Act. O. Reg. 394/89, s. 2,
revised.
3.— (1) The use, display, transport, storage and disposal of pack-
aging, wrapping and containers that are made in a manner that uses
an ozone depleting substance are exempt from section 59 of the Act.
(2) The transfer of packaging, wrapping and containers that are
made in a manner that uses an ozone depleting substance and that
are in existence in Ontario on the 30th day of September, 1989 is
exempt from section 59 of the Act. O. Reg. 394/89, s. 3, revised.
Pressurized Containers
4. No person shall make a pressurized container that contains an
ozone depleting substance unless it contains more than 10 kilograms
of the substance. O. Reg. 518/90, s. 2, part.
5.— (1) No person shall transfer a pressurized container that con-
650
Reg./Règl. 356
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 356
tains an ozone depleting substance unless it contains more than 10
kilograms of the substance.
(2) Subsection (1) does not prohibit,
(a) a transfer not made for profit; or
(b) a transfer made before the 31st day of December, 1990 of a
container that was in Ontario on the 29th day of August,
1990. O. Reg. 518/90, s. 2, part.
Flexible Foams
6.— (1) No person shall make flexible plastic foam, other than
flexible polyurethane foam, in a manner that uses an ozone depleting
substance.
(2) Subsection (1) does not prohibit the making of flexible plastic
foam for the purposes of research and development. O. Reg.
518/90, s. 2, pan.
7.— (1) No person shall transfer flexible plastic foam, other than
flexible polyurethane foam, that is made in a manner that uses an
ozone depleting substance.
(2) Subsection ( 1 ) does not prohibit the transfer of flexible plastic
foam if,
(a) the foam was in Ontario before the 29th day of August,
1990;
(b) the foam is at the time of the transfer incorporated into a
manufactured product; or
(c) the transfer is for the purposes of research and
development. O. Reg. 518/90, s. 2,pan.
8. No person shall use an ozone depleting substance in making
flexible polyurethane foam after the 31st day of December, 1993.
O. Reg. 518/90, s. 2, part.
9. No person shall use an ozone depleting substance in making
flexible polyurethane foam unless the person used an ozone deplet-
ing substance in making flexible polyurethane foam during the
period beginning the 1st day of January. 1986 and ending the 29th
day of August, 1990. O. Reg. 518/90, s. 2,part.
10. For the purposes of sections 1 1 to 14,
(a) a person's reference quantity for flexible polyurethane
foam is the total of the weights of each ozone depleting sub-
stance used by the person in making flexible polyurethane
foam in the person's reference year for flexible polyure-
thane foam;
(b) a person's reference year for flexible polyurethane foam is
the twelve-month period beginning on the earlier of,
(i) the 29th day of August, 1989, and
(ii) the first day after the 31st day of December, 1985 on
which the person made flexible polyurethane foam
in a manner that uses an ozone depleting substance.
O. Reg. 518/90, s. 2, part.
11. No person shall use a greater total amount by weight of ozone
depleting substances in making flexible polyurethane foam during
the period beginning the 29th day of August, 1990 and ending the
31st day of December, 1990 than 25 per cent of the person's refer-
ence quantity for flexible polyurethane foam. O. Reg. 518/90, s. 2,
part.
12. No person shall use a greater total amount by weight of ozone
depleting substances in making flexible polyurethane foam in a year
than the amount that results from applying the percentage specified
for the year to the person's reference quantity for flexible polyure-
thane foam:
1991
65%
1992
50%
1993
25%
O. Reg. 518/90, s. 2,part.
13. For the purposes of calculating a reference quantity under
clause 10 (a) and for the purposes of calculating a total amount by
weight of ozone depleting substances under sections 11 and 12, the
weight of each ozone depleting substance shall be adjusted by multi-
plying it by the ozone depletion factor specified for the substance in
Schedule 2 before a total of ozone depleting substances is taken.
O. Reg. 518/90, s. 2, part.
14. No person shall use an ozone depleting substance in making
flexible polyurethane foam after the 30th day of November, 1990
unless the person has submitted to the Director a report, in a form
provided for the purpose by the Ministry, stating,
(a) the person's reference year for flexible polyurethane foam;
(b) the amount by weight of each ozone depleting substance
used by the person in the reference year in making flexible
polyurethane foam; and
(c) the person's reference quantity for flexible polyurethane
foam. O. Reg. 518/90, s. 2,part.
15. A person who uses an ozone depleting substance in making
flexible polyurethane foam in any year from 1990 to 1993 shall, by
the 31st day of March of the following year, submit to the Director a
report, in a form provided for the purpose by the Ministry, stating
the amount by weight of each ozone depleting substance used by the
person in the year in making the foam. O. Reg. 518/90, s. 2, part.
16. A person who, during the first ten months of 1990, imports
flexible polyurethane foam into Ontario shall submit to the Director
a list of the names and addresses of the makers of the foam, by the
30th day of November, 1990. O. Reg. 518/90, s. 2, part.
17. A person who imports into Ontario, in any year after 1989,
flexible polyurethane foam shall, by the 31st day of March of the fol-
lowing year, submit to the Director a report, in a form provided for
the purpose by the Ministry, stating the name and address of each
source of the foam and the quantity imported from each source.
O. Reg. 518/90, s. 2, part.
18.— (1) The Director may give a notice of non-compliance with
respect to a person who uses an ozone depleting substance in making
flexible polyurethane foam outside Ontario, to any person who
imports the foam into Ontario if,
(a) the maker of the foam has not, by the 30th day of Novem-
ber, 1990, submitted to the Director a report in accordance
with section 14; or
(b) the Director reasonably believes that the maker has failed
to comply with sections 8 to 15.
(2) The Director may rescind a notice of non-compliance given
under subsection (1) if,
(a) the maker of the foam submits to the Director, after the
30th day of November, 1990, a report in accordance with
section 14; or
(b) the Director is satisfied that he or she erred in believing that
the maker failed to comply with sections 8 to 15.
(3) Where a person has received a notice under subsection (1)
with respect to a maker of foam and the notice has not been res-
cinded, the person shall not transfer any flexible polyurethane foam
651
Reg./Règl. 356
E^A'IRONMENTAL PROTECTION
Reg./Règl. 356
made by the maker that is acquired by the person after receipt of the
notice. O. Reg. 518/90, s. 2,part.
19. A person who did not import into Ontario, before the 29th
day of August, 1990, flexible polyurethane foam made in a manner
that uses an ozone depleting substance shall not transfer flexible
polyurethane foam made in a manner that uses an ozone depleting
substance that the person imports into Ontario. O. Reg. 518/90,
s. 2, part.
20. Sections 16 to 19 do not apply in respect of flexible polyure-
thane foam that is incorporated into a manufactured product.
O. Reg. 518/90, s. 2, part.
Rigid Insulation Foams
21. For the purposes of sections 22 to 33, "rigid insulation foam"
includes a formulation of chemicals designed to become rigid insula-
tion foam when poured or sprayed in place. O. Reg. 518/90, s. 2,
part.
22.— (1) No person shall make rigid insulation foam in a manner
that uses an ozone depleting substance unless the foam is of a type
mentioned in subsection 25 (3).
(2) Subsection (1) does not prohibit the making of rigid insulation
foam for the purposes of research and development. O. Reg.
518/90, s. 2,part.
23.— (1) No person shall transfer rigid insulation foam that is
made in a manner that uses an ozone depleting substance unless the
foam is of a type mentioned in subsection 25 (3).
(2) Subsection (1) does not prohibit the transfer of rigid insula-
tion foam if,
(a) the foam was in Ontario on or before the 31st day of
December, 1990, so long as the transfer occurs before the
1st day of July, 1991;
(b) the foam is at the time of the transfer incorporated into a
manufactured product; or
(c) the transfer is for the purposes of research and
development. O. Reg. 518/90, s. 2,part.
24.— (1) No person shall use an ozone depleting substance in mak-
ing rigid insulation foam of a type mentioned in subsection 25 (3)
after the 31st day of December, 1993.
(2) No person shall use an ozone depleting substance in making
rigid insulation foam of a type mentioned in subsection 25 (3) unless
the person used an ozone depleting substance in making the type of
foam during the period beginning the 1st day of January, 1989 and
ending the 29th day of August, 1990. O. Reg. 518/90, s. 2, part.
25.— (1) A person's reference quantity for rigid insulation foam of
a type mentioned in subsection (3) is the total of the weights of each
ozone depleting substance used by the person in making the type of
foam in the person's reference year for the type of foam.
(2) A person's reference year for rigid insulation foam of a type
mentioned in subsection (3) is the twelve-month period beginning on
the earlier of,
(a) the 29th day of August, 1989; and
(b) the first day in 1989 on which the person made the type of
foam in a manner that uses an ozone depleting substance.
(3) No person shall use a greater total amount by weight of ozone
depleting substances in making a type of rigid insulation foam in a
year than the amount that results from applying the percentage spec-
ified in Table 1 for the year and type of foam, to the person's refer-
ence quantity for the type of foam.
revised.
O. Reg. 518/90, s. 2, part.
(4) For the purposes of calculating a reference quantity under
subsection (1) and for the purposes of calculating a total amount by
weight of ozone depleting substances under subsection (3), the
weight of each ozone depleting substance shall be adjusted by multi-
plying it by the ozone depletion factor specified for the substance in
Schedule 2 before a total of ozone depleting substances is taken.
O. Reg. 518/90, s. 2,part.
26.— (1) No maker of rigid insulation foam of the type mentioned
in Item 5 of Table 1 that was made in a manner that uses an ozone
depleting substance shall transfer the foam without giving notice in
writing to the transferee that the foam is to be used only for the insu-
lation of electrical appliances, hot water heaters, refrigerated vehi-
cles or refrigerated mobile equipment.
(2) No person shall transfer rigid insulation foam in respect of
which the person received a notice under this section without giving
notice in writing to the subsequent transferee that the foam is to be
used only for the insulation of electrical appliances, hot water heat-
ers, refrigerated vehicles or refrigerated mobile equipment.
(3) No person shall use or permit the use of rigid insulation foam
in a manner inconsistent with a notice given to the person under this
section in respect of the foam. O. Reg. 518/90, s. 2, part.
11. No person shall use an ozone depleting substance in making
rigid insulation foam of a type mentioned in subsection 25 (3) after
the 31st day of December, 1990 unless the person has, by the 30th
day of November, 1990, submitted to the Director a report, in a form
provided for the purpose by the Ministry, stating,
(a) the person's reference year for the type of foam;
(b) the amount by weight of each ozone depleting substance
used by the person in the reference year in making the type
of foam; and
(c) the person's reference quantity for the type of foam.
O. Reg. 518/90, s. 2,part.
28. A person who uses an ozone depleting substance in making
rigid insulation foam of a type mentioned in subsection 25 (3) in any
year from 1990 to 1993 shall, by the 31st day of March of the follow-
ing year, submit to the Director a report, on a form provided for the
purpose by the Ministry, stating the amount by weight of each ozone
depleting substance used by the person in the year in making the type
of foam. O. Reg. 518/90, s. 2, part.
29. A person who, during the first ten months of 1990, imports
into Ontario rigid insulation foam of a type mentioned in subsection
25 (3) shall submit to the Director a list of the names and addresses
of the makers of the type of foam, by the 30th day of November,
1990. O. Reg. 518/90, s. 2,part.
30. A person who imports into Ontario, in any year after 1989,
rigid insulation foam of a type mentioned in subsection 25 (3) shall,
by the 31st day of March of the following year, submit to the Direc-
tor a report on a form provided for the purpose by the Ministry, stat-
ing the name and address of each source and the quantity imported
from each source. O. Reg. 518/90, s. 2, part.
31.— (1) The Director may, after the 31st day of December, 1990,
give a notice of non-compliance with respect to a person who makes
a type of rigid insulation foam mentioned in subsection 25 (3) out-
side Ontario, to any person who imports the foam into Ontario if,
(a) the maker of the foam has not, by the 30th day of Novem-
ber, 1990 submitted to the Director a report in accordance
with section 27 with respect to the type of foam; or
(b) the Director reasonably believes that the maker has failed
652
Reg./Règl. 356
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 357
to comply with sections 24 to 28 with respect to the type of
foam.
(2) The Director may rescind a notice of non-compliance given
under subsection (1) if,
(a) the maker of the foam submits to the Director, after the
30th day of November, 1990, a report in accordance with
section 27 with respect to the type of foam; or
(b) the Director is satisfied that he or she erred in believing that
the maker failed to comply with sections 24 to 28 with
respect to the type of foam.
(3) Where a person has received a notice under subsection (1)
with respect to a maker of a type of rigid insulation foam mentioned
in subsection 25 (3) and the notice has not been rescinded, the per-
son shall not transfer any foam of that type made by the maker that is
acquired by the person after receipt of the notice. O. Reg. 518/90,
s. 2, part.
32. A person who did not import into Ontario, before the 29th
day of August, 1990, rigid insulation foam of a type mentioned in
subsection 25 (3) made in a manner that uses an ozone depleting sub-
stance shall not thereafter transfer that type of foam made in a man-
ner that uses an ozone depleting substance that the person imports
into Ontario. O. Reg. 518/90, s. 2, part.
33. Sections 26 and 29 to 32 do not apply in respect of rigid insula-
tion foam that is incorporated into a manufactured product.
O. Reg. 518/90, s. 2, pan.
TABLE 1
8. Fire extinguishers.
Item
Type of Rigid Insulation Foam
1991
1992
1993
1.
Polyurethane Boardstock
75%
50%
25%
2.
Polyisocyanurate Boardstock
100%
75%
25%
3.
Extruded polystyrene Boardstock
50%
50%
0%
4.
Phenolic Foam Boardstock
75%
50%
25%
5.
Polyurethane to be poured or sprayed
in place— for the insulation of
electrical appliances, hot water
heaters, refrigerated vehicles or
refrigerated mobile equipment
100%
100%
100%
6.
Polyurethane to be poured or sprayed
in place— other than the type
mentioned in Item 5
85%
70%
50%
O. Reg. 518/90, s. 2, part.
Schedule 1
1. Bronchial dilators, topical anaesthetics, cytospray and vet-
erinary powder wound sprays.
2. Spermicidal contraceptive foams.
3. Release agents for moulds used in the production of plastics
and elastomer materials.
4. Cleaners and solvents for commercial use on electrical or
electronic equipment.
5. Protective sprays for application on high quality photo-
graphs used in research.
6. Lubricants used in mining.
7. Products used during flight in the maintenance and opera-
tion of aircraft.
O. Reg. 518/90, s. 3, part; O. Reg. 519/90, s. 1.
Schedule 2
Ozone Depleting Substance
Ozone Depletion Factor
CFC- 11
1.0
CFC- 12
1.0
CFC -113
0.8
CFC- 114
1.0
CFC - 115
0.6
Halon - 1211
3.0
Halon - 1301
10.0
Halon - 2402
6.0
O. Reg. 518/90, s. 3,part.
REGULATION 357
REFILXABLE CONTAINERS FOR CARBONATED
SOFT DRINK
1. In this Regulation,
"capacity", when used with respect to a container for carbonated
soft drink, means the volume of carbonated soft drink the con-
tainer is represented to hold when carbonated soft drink is sold at
retail in the container;
"carbonated soft drink" includes unflavoured soda or seltzer water
and any carbonated beverage containing alcohol other than liquor
with respect to which a licence or permit is required under section
5 of the Liquor Licence Act;
"on-premises sale" means the sale, offering for sale or display of a
beverage intended for consumption on the premises on which it is
sold. O. Reg. 622/85, s. 1; O. Reg. 237/87, s. 1.
2. Containers,
(a) that contain or are intended to contain carbonated soft
drink intended for sale;
(b) that will be accepted for reuse as containers for carbonated
soft drink by a retail vendor, distributor, processor or man-
ufacturer of carbonated soft drinks;
(c) for which a deposit is or will be charged at the time of the
sale of the carbonated soft drink at retail other than by way
of an on-premises sale; and
(d) for which, as used containers, money will be paid by a retail
vendor, distributor, processor or manufacturer of carbon-
ated soft drinks,
are classified as refillable containers. O. Reg. 622/85, s. 2 (1).
3. No person shall stock, display, offer for sale or sell a carbon-
ated soft drink in a container other than a refillable container.
O. Reg. 622/85, s. 3(1).
4. No person shall sell or offer for sale a carbonated soft drink in
a refillable container unless the container has clearly marked thereon
"MONEY-BACK BOTTLE-BOUTEILLE CONSIGNÉE" or
"MONEY-BACK CONTAINER -CONTENANT CONSIGNÉ".
O. Reg. 622/85, s. 4.
5.— (1) Subject to subsection (2), every retail vendor presented
with an empty refillable container shall accept the container and shall
pay to the person presenting the container, in cash.
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ENVIRONMENTAL PROTECTION
Reg./Règl. 358
(a) 15 cents for each refillable container that, when sold at
retail, has a capacity of no more than 350 millilitres;
(b) 30 cents for each refillable container that, when sold at
retail, has a capacity of more than 350 millilitres and less
than one litre; and
(c) 40 cents per litre of capacity for each refillable container
having a capacity of one litre or more,
or, where a deposit of a greater amount is being charged for a similar
container, such greater amount.
(2) No retail vendor is required to accept,
(a) a refillable container that is not intact or is not in a reason-
ably clean condition;
(b) more than forty-eight refillable containers from one person
in a twenty-four hour period; or
(c) a refillable container that, when sold at retail, contained a
flavour or brand of a carbonated soft drink not sold by that
retailer in a refillable container having the same capacity for
consumption off the retailer's premises during the six
months immediately preceding the presentation of the con-
tainer.
(3) No person shall advertise or display the price of a carbonated
soft drink that is offered for sale unless the price for the drink is
shown clearly distinct from the amount of any deposit for the con-
tainer thereof. O. Reg. 622/85, s. 5.
6.— (1) Every distributor, processor and manufacturer shall col-
lect from every retail vendor, on the request of the vendor, all empty
refillable containers for carbonated soft drinks manufactured, pro-
cessed, sold or distributed by the distributor, processor or manufac-
turer held by the retail vendor and reimburse the retail vendor, in
full, for the payment made by the retail vendor under section 5 for
every container collected.
(2) When a distributor returns to a processor or manufacturer
containers collected under subsection (1), the processor or manufac-
turer shall reimburse the distributor, in full, for the payment made
by the distributor under subsection (1) for every container returned
by the distributor. O. Reg. 622/85, s. 6.
7.— (1) Every retail vendor of carbonated soft drinks in refillable
containers for consumption off the retailer's premises shall clearly
display on the retail premises a notice stating:
Regulations of the Province of Ontario under the Environmental
Protection Act provide that a cash refund of the full deposit will
be paid for up to forty-eight intact and reasonably clean refilla-
ble containers in any twenty-four hour period of a brand and
flavour of carbonated soft drink sold here in containers of the
same size within the preceding six months.
(2) A retail vendor who is required to display the notice referred
to in subsection (1) may, in addition to the notice required under
subsection (1), display the notice set out in subsection 8 (2) of Regu-
lation 299 of Revised Regulations of Ontario, 1980 or the following
notice:
Les règlements de la province de l'Ontario pris en application de
la Loi sur la protection de l'environnement prévoient le rem-
boursement intégral en espèces du montant déposé, pour un
maximum de quarante-huit contenants réutilisables de boisson
gazeuse, rapportés au cours d'une période de vingt-quatre
heures, intacts et raisonnablement propres, d'une marque et
d'un arôme vendus ici dans des contenants du même format au
cours des six derniers mois.
O. Reg. 622/85, s. 7.
REGULATION 358
SEWAGE SYSTEMS
Definitions
1. In this Regulation,
"absorption trench" means an excavation in the soil being part of a
leaching bed in which a distribution pipe will be or is laid and
which allows leaching;
"distribution box" means a device for ensuring that effluent from a
septic tank or sewage treatment plant is distributed in equal
amounts to each line of distribution pipe in a leaching bed;
"distribution pipe" means a line or lines of perforated or open
jointed pipe or tile installed in a leaching bed for the purpose of
distributing effluent from a septic tank or proprietary aerobic sew-
age treatment plant to the soil in the leaching bed;
"earth pit privy" means a latrine consisting of an excavation in the
ground surmounted by a superstructure;
"ground water" means water below the surface of the ground occu-
pying a zone of the earth's mantle that is saturated with water;
"ground water table" means the elevation of the upper surface of the
ground water existing in the area of the sewage system;
"hauled sewage" means sewage that,
(a) is not finally disposed of at the site where it is produced and
is not carried away by a sewer approved under the Ontario
Water Resources Act, and
(b) is stored or retained at the site where it is produced for peri-
odic collection, handling, treatment, transportation, stor-
age or processing prior to final disposal at a place other
than where it was produced,
and includes sewage that is removed from a sewage system for pur-
poses of cleaning or maintaining the system but does not include
the sewage in a sewer collection system that transfers the sewage
from the site where it is produced to a Class 4, 5 or 6 sewage sys-
tem located on a separate property;
"hauled sewage system" means works, installations, equipment,
operations and land used in connection with the collection, han-
dling, treatment, transportation, storage, processing and disposal
of hauled sewage but does not include,
(a) equipment used for the storage or retention of sewage at
the site where it is produced, or
(b) a sewage works approved under section 53 of the Ontario
Water Resources Act or a predecessor thereof or a waste
disposal site for which a certificate of approval has been
issued under Part V of the Act;
"header line" means a line of pipe with watertight joints installed in
a sewage system for the purpose of distributing effluent from a
septic tank or proprietary aerobic sewage treatment plant to the
distribution pipe in a leaching bed;
"high ground water table" means the highest elevation at which
there is physical evidence that the soil has been saturated with
water;
"irrigation" means the disposal of hauled sewage by depositing it in a
shallow trench, furrow or other shallow excavation in the ground
and subsequently covering it with earth;
"leaching" means dispersal of liquid by downward or lateral drainage
or both into permeable soil;
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Reg./Règl. 358
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Reg./Règl. 358
"leaching bed" means the soil absorption system constructed as
absorption trenches or as a filter bed, located wholly in ground or
raised or partly raised above ground as required by local condi-
tions, to which effluent from a septic tank or proprietary aerobic
sewage treatment plant is applied for treatment and disposal and
that is composed of,
(a) the soil that is contained between the surface to which the
sewage is applied and the bottom of the leaching bed,
(b) the distribution pipe and the stone or gravel layer in which
such pipe is located, and
(c) the backfill above the distribution pipe, including the top-
soil and sodding or other anti-erosion measure, and the side
slopes of any portion elevated above the natural ground ele-
vation;
"pail privy" means a latrine in which the receptacle for human waste
consists of a removable container surmounted by a superstructure;
"percolation time" means the average time in minutes that is
required for water to drop one centimetre during a soil percolation
test as determined by the test or by other means;
"portable privy" means a portable latrine in which the receptacle for
human body waste and the superstructure are combined structur-
ally into one unit;
"proprietary aerobic sewage treatment plant" means a unit that is
available commercially and that consists of one or more watertight
vaults or compartments in which sewage is collected for the pur-
pose of removing scum, grease and solids from the liquid and in
which sewage is brought into contact with air to cause oxidation of
the sewage and that discharges effluent for further treatment or for
disposal into the soil;
"septic tank" means a watertight vault in which sewage is collected
for the purpose of removing scum, grease and solids from the
liquid without the addition of air and anaerobic digestion of the
sewage takes place and that discharges effluent for further treat-
ment or for disposal into the soil;
"sewage" means,
(a) waste of domestic origin which is human body waste, toilet
or other bathroom waste, waste from other showers and
tubs, liquid or water borne culinary and sink waste or laun-
dry waste, and
(b) such other waste,
(i) as Is suitable for treatment in a sewage system regu-
lated under Part VIII of the Act, or
tained in a compartment in which a pump or siphon is installed.
O. Reg. 374/81, s. 1.
CUVSSIFICATION OF SEWAGE SYSTEMS
2.— (1) The following are classified as sewage systems for pur-
poses of Part VIII of the Act:
1. Class 1— a chemical toilet, an incinerating toilet, a recirculat-
ing toilet, a self-contained portable toilet and all
forms of privy including a portable privy, an earth
pit privy, a pail privy, a privy vault and a composting
toilet system.
2. Class 2— a leaching pit.
3. Class 3— a cesspool.
4. Class 4— a septic tank system.
5. Class 5— a sewage system which requires or uses a holding
tank for the storage or retention of hauled sewage at
the site where it is produced prior to its collection by
a Class 7 sewage system.
6. Class 6— a sewage system in which sewage is treated in a pro-
prietary aerobic sewage treatment plant.
7. Class 7— a hauled sewage system.
8. Class 8— a sewage system in or on any vehicle except when it
is used as part of a hauled sewage system.
9. Class 9— a sewage works located in whole or in part in or on
land on the title of which has been registered in the
proper land registry office an instrument referred to
in section 27 of the Ontario Water Resources Act
granting, creating or containing a right or interest in,
over, above, upon, across, along, through, under or
affecting any land or any covenant or condition
relating thereto affecting the construction, installa-
tion, establishment, enlargement, extension, alter-
ation, operation, maintenance, cleaning, emptying
or disinfection of the sewage system.
(2) A Class 4, 5 or 6 sewage system that is designed to be capable
of handling sewage flows in excess of 4,500 litres per day is also clas-
sified as a Class A sewage system. O. Reg. 374/81, s. 2.
Exemptions
3.— (1) A Class 1 sewage system for which an application for a
certificate of approval is not submitted is exempt from sections 76
and 78 of the Act.
(ii) with respect to which a certificate of approval has
been issued under section 77 of the Act;
"Standard CAN3-B66" means the standards for prefabricated septic
tanks and sewage holding tanks published in August, 1979 as
CAN3-B66-M79 by the Canadian Standards Association;
"surface water" means water on the surface of the ground;
"trade size" means any size designation traditionally used by the
trade but restricted to products or classes of products manufac-
tured to a standard or specification so that the designated trade
size may be referred to an industry accepted table or chart which
then provides the true dimensions of the product in question;
"vehicle" includes a plane, train, ship and boat or other vessel; and
"working capacity" means the volume of liquid that a septic tank or
holding tank is capable of holding without overflowing while it is in
its working position but does not include the volume of liquid con-
(2) A person who has received a certificate of approval in respect
of a Class 1, 2 or 3 sewage system and who constructs, installs or
establishes the sewage system in accordance with the person's appli-
cation, except as it may be modified by the certificate of approval,
and in accordance with the terms and conditions on the certificate of
approval and otherwise complies with the Act and this Regulation is
exempt from section 78 of the Act.
(3) A Class 8 sewage system is exempt from this Regulation
except for subsection 4 (2) and from Part VIII of the Act except for
section 83.
(4) A Class 9 sewage system is exempt from section 75 of the Act
but only to the extent necessary for section 27 of the Ontario Water
Resources Act to continue to operate with respect to the instruments
referred to in paragraph 9 of subsection 2(1). O. Reg. 374/81, s. 3.
Standards Common to Sewage Systems
4.— (1) No person shall construct, operate or maintain a sewage
655
Reg./Règl. 358
ENVIRONMENTAL PROTECTION
Reg./Règl. 358
system to which Part VIII of the Act and this Regulation apply
except in accordance with the standards prescribed in this Regulation
or as otherwise provided in a certificate of approval issued under sec-
tion 77 of the Act, a term or condition made under subsection 77 (4)
of the Act, a permit issued under section 78 of the Act or an order
issued under section 79 of the Act. O. Reg. 374/81, s. 4 (1);
O. Reg. 71/85, s. 1.
(2) The following are prescribed as standards for the construc-
tion, operation and maintenance of all sewage systems:
1. Except for a Class 7 sewage system, the sewage system or
any part thereof shall not emit, discharge or deposit sewage
or effluent onto the surface of the ground.
2. Sewage or effluent shall not emit, discharge, seep, leak or
otherwise escape from the sewage system or any part
thereof into a piped water supply, well water supply, a
watercourse, ground water or surface water.
3. Sewage or effluent shall not emit, discharge, seep, leak or
otherwise escape from the sewage system or any part
thereof other than from a place or part of the sewage sys-
tem where the system is designed or intended to discharge
sewage or effluent.
4. Insects and animal life shall be prevented from gaining
access to sewage contained in the sewage system.
other registered interest in land permitting its maintenance,
repair and replacement in favour of the parcel of land on
which the structure being served by the sewage system is
located; or
(d) a sewage system or that part of a sewage system located on
land that is owned by Her Majesty the Queen in right of the
Province of Ontario or is a public road allowance with the
written approval of the authority having jurisdiction over
such land or road allowance. O. Reg. 374/81, s. 5 (2).
(3) No person shall construct a sewage system of a type set out in
Column 1 of Table 1 so that any part thereof is closer to an item
described in the heading of Column 2, 3, 4 or 5 of Table 1 than the
horizontal distance set out in that column opposite the name of the
sewage system. O. Reg. 598/88, s. 2,part.
Construction and Operation Standards
Tanks
6.— (1) The following are prescribed as standards for any tank
used in a sewage system for collecting, treating, holding or storing
sewage:
1. The tank shall conform to the requirements of Standard
CAN3-B66, except as otherwise provided in this Regula-
tion.
5. No sewage system or any part thereof shall emit, discharge,
deposit or allow the emission, discharge or deposit of micro
organisms of intestinal origin into the natural environment
in such a manner as may be a hazard to health.
6. No gas shall emit, discharge or otherwise escape from the
sewage system into any building or structure except in the
manner in which the sewage system was designed or
intended to emit or discharge gas.
7. No connections to the sewage system from non-sewage
waste water sources shall be made.
8. The operator of the sewage system shall keep it maintained
at all times so that its construction remains in accordance
with the certificate of approval and any order made under
the Act.
(3) Paragraph 2 of subsection (2) does not apply to prevent the
operation of a sewage system designed and operated so that properly
treated effluent is discharged into the soil.
(4) A sewage system that does not function in the manner in
which it was designed to function and that is not being corrected
under arrangements made by the owner is classified as a malfunc-
tioning system. O. Reg. 374/81, s. 4 (2-4).
(5) No person shall operate a malfunctioning system unless a full
report of the problem has been made to the Director. O. Reg.
598/88, s. 1.
5.— (1) No person shall construct a sewage system unless it is
wholly contained within the parcel of land on which the structures, in
connection with which the sewage system is to be used, are located.
O. Reg. 598/88, s. 2,pan.
(2) Subsection (1) does not apply to,
(a) a Class 7 sewage system;
(b) a sewage system owned and operated by the Crown, a
municipality, or an organization acceptable to the Director,
created for the purpose of operating a sewage system;
(c) a sewage system or that part of a sewage system located on
a parcel of land that is subject to a registered easement or
2. The tank, unless it is a septic tank in a Class 4 sewage sys-
tem or a sewage holding tank in a Class 5 sewage system,
need not conform to the requirements of Standard CAN3-
B66 except those respecting material standards, access,
workmanship and construction methods and practices.
3. Access openings shall be located to facilitate the pumping
of all compartments and the servicing of the inlet and outlet
of each compartment not accessible by the removal of the
tank top or part thereof.
4. A prefabricated septic tank in a Class 4 sewage system or a
prefabricated sewage holding tank in a Class 5 sewage sys-
tem installed in Ontario shall bear the manufacturer's mark
indicating that the tank complies with the requirements of
this Regulation and shall bear the standards mark of,
i. the Canadian Standards Association,
ii. the Underwriters' Laboratories of Canada, or
iii. an organization accredited by the Standards Council
of Canada for certifying products of a type that
include such tanks,
indicating that it complies with this Regulation. O. Reg.
374/81, s. 6 (1); O. Reg. 598/88, s. 3 (1).
(2) Subsection (1) does not apply to a tank that is used as part of
a Class 7 sewage system and mounted on a vehicle or that is an inte-
gral part of a prefabricated Class 1 sewage system. O. Reg. 374/81,
s. 6 (2).
(3) No person shall cover a tank regulated by subsection (1) by
earth or other fill material having a depth greater than the maximum
depth of burial that the tank is designed to withstand.
(4) Where a report in respect of a prefabricated septic or sewage
holding tank prepared in accordance with subsection (7), based on
inspections performed not more than twelve months before the tank
was constructed, is filed with and accepted by an employee of the
Ministry designated by the Minister for the purpose, the tank shall be
deemed to comply with the standard in paragraph 4 of subsection
(1). O. Reg. 598/88, s. 3 (2), part.
(5) The records of the concrete cylinder tests prescribed in Stan-
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Reg./Règl. 358
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 358
dard CAN3-B66 for the manufacture of prefabricated concrete tanks
shall be preserved for inspection by the certifying agency or by the
engineer preparing the report referred to in subsection (4).
(6) In this section "engineer" means a person who is a member of
the Association of Professional Engineers of the Province of Ontario
who is qualified to make the tests and give the opinion required by
subsection (7), and if the tanks with respect to which the report is
prepared are not manufactured in Ontario, includes a professional
engineer who meets similar qualifications in the province or state in
which the tanks are manufactured.
(7) The report referred to in subsection (4) shall be prepared,
filed and accepted in accordance with the following rules:
1. The report shall,
i. be prepared by an engineer,
ii. state the qualifications of the engineer who prepared
the report,
iii. if the engineer who prepared the report is not a
member of the Association of Professional Engi-
neers of the Province of Ontario, include a copy of a
certificate or letter of the governing body of the pro-
fessional engineers in the jurisdiction in which the
tanks with respect to which the report is prepared
are manufactured indicating that the person meets
qualifications equivalent to those required for mem-
bership in the Association of Professional Engineers
of the Province of Ontario,
iv. state that the engineer who prepared the report has
no direct or indirect financial connection as an
owner, employee or otherwise with the manufac-
turer of the tanks with respect to which the report is
prepared other than for the preparation of the
reports and except for such other services as an engi-
neer provides that are mentioned in the report,
V. state that the engineer who prepared the report has
inspected the plant in which the tanks being reported
on are manufactured and the concrete cylinder
strength test records mentioned in subsection (5) and
has selected at random, inspected and tested a repre-
sentative tank of each model to which the report
relates,
vi. state the tests that have been performed on each
tank, which tests shall include the strength and leak-
age tests prescribed by Canadian Standards Associa-
tion Standard CAN3-B66,
vii. state that the engineer who prepared the report has
performed such tests as are necessary to form an
opinion and that he or she is of the opinion that each
tank tested met the standards prescribed by this Reg-
ulation, that the plant, equipment and system of pro-
duction are capable of producing such tanks and that
he or she has no reason to believe that any tanks of
the models and sizes the report relates to that are
being made in the plant do not meet the standards
prescribed by this Regulation, with such exceptions
as are specified in the report,
viii. specify the tanks, models and sizes of each model to
which the report relates,
ix. include scaled or dimensioned drawings showing the
plan and elevations of each model of tank to which
the report relates, and
x. include a general description of the plant, its location
and the equipment used for making the tanks.
2. The engineer preparing a report shall make the inspections
and tests necessary for the report as often as he or she con-
siders necessary.
3. Subject to subparagraph vii of paragraph 1, the engineer
preparing a report need not carry out strength and leakage
tests on each size of a model of tank to which the report
relates.
4. Where a report is not the first report submitted under this
section by the engineer who prepared it with respect to the
models and sizes of tanks of the manufacturer that the
report relates to, it may, instead of the requirements of
paragraph 1, state when the tests and inspections on which
it is based were performed, those tests not conducted and
judged not necessary in order to report continued compli-
ance with this Regulation and such other matters referred
to in paragraph 1 as have changed from the previous report.
O. Reg. 374/81, s. 6 (6-8).
Class 1 Sewage Systems
7.— (1) The following are prescribed as standards for the opera-
tion of a Class 1 sewage system:
1. Subject to paragraph 2, the sewage system shall receive or
be used only for the disposal of human body waste.
2. If the sewage system has been specifically designed for the
biological decomposition of non-waterborne biodegradable
kitchen wastes or requires the addition of small quantities
of plant matter to improve the decomposition of human
body waste, it may receive such wastes in addition to
human body waste. O. Reg. 374/81, s. 7 (1).
(2) A standard prescribed for a privy is that it be enclosed with a
superstructure that,
(a) shall be constructed of strong durable weatherproof materi-
als;
(b) has a solid floor supported by a sill constructed of treated
timber, masonry or other material of at least equal strength
and durability;
(c) unless it is equipped solely as a urinal, is equipped with one
or more seats each having a cover and being supported by
an enclosed bench or riser which is lined with an impervious
material on all interior vertical surfaces;
(d) is equipped with a self-closing door;
(e) has one or more openings for purposes of ventilation, all of
which are screened;
(f) has a ventilation duct that is screened at the top end and
that extends from the under side of the bench or riser to a
point above the roof of the superstructure; and
(g) shall not have any openings for the reception of human
body waste, other than urinals and those constructed in
accordance with clause (c). O. Reg. 374/81, s. 7 (2);
O. Reg. 598/88, s. 4.
(3) The following are prescribed as standards for the construction
of an earth pit privy:
1. The bottom of the pit shall be at least 0.5 metres above the
high ground water table.
2. The sides of the pit shall be reinforced so as to prevent the
collapse thereof.
3. The pit shall be surrounded on all sides and on its bottom
by not less than 0.6 metres of earth.
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Reg./Règl. 358
ENVIRONMENTAL PROTECTION
Reg./Règl. 358
4. The surface of the ground in the area surrounding the pit
shall be so graded that surface drainage in the area of the
pit will be diverted away from the pit.
5. The earth around the base of the sides of the superstructure
of the earth pit privy shall be raised or mounded to a height
of at least 0.15 metres above ground level.
(4) The following are prescribed as standards for the construction
of a privy-vault or a pail privy:
1. The container or structure which is to be used for the hold-
ing or storage of sewage shall be watertight and made of a
material which can be easily cleaned.
2. The earth around the base of the sides of the superstructure
shall be raised or mounded to a height of at least 0.15
metres above ground level.
3. The surface of the ground in the area of the privy-vault or
pail privy shall be so graded that surface drainage will be
diverted away from the privy.
(5) The following are prescribed as standards for the construction
of a portable privy:
1 . It shall have a watertight receptacle which shall be suitable
for the holding and storage of any sewage deposited
therein.
2. The receptacle for the holding and storage of sewage shall
be designed and constructed in such a manner as to allow it
to be easily cleaned and emptied.
3. It shall be constructed of such material and in such a man-
ner that it can withstand the stresses to which it will be sub-
jected during its transportation to and from sites where it is
to be used and during loading and unloading from vehicles
used for the transportation of the portable privy to and
from sites where it is to be used. O. Reg. 374/81,
s. 7 (3-5).
Class 2 Sewage Systems— Leaching Pits
8.— (1) A prescribed standard for the operation of a Class 2 sew-
age system is that it shall be used only for the disposal of sewage
other than human body waste.
(2) The following are prescribed as standards for the construction
of a Class 2 sewage system:
1. The bottom of the pit shall be at least 0.5 metres above the
high ground water table.
2. The pit shall be constructed in such a manner as to prevent
the collapse of its sidewalls.
3. Any material used to support or form the sidewalls of the
pit shall be an open jointed material of a type that will per-
mit leaching from the pit.
4. The pit shall be provided with a tight, strong cover that
shall remain over the pit except when it is necessary to
remove it for purposes of adding sewage to or removing
sewage from the pit or for purposes of maintenance of the
pit.
5. The earth around the perimeter of the pit shall be raised or
mounded to a height of at least 0.15 metres above ground
level.
6. The surface of the ground in the area of the pit shall be so
graded that surface drainage in the area will be diverted
away from the pit.
7. The pit shall be surrounded on all sides and on its bottom
by at least 0.6 metres of earth. O. Reg. 374/81, s. 8.
Class 3 Sewage Systems— Cesspools
9.— (1) A prescribed standard for the operation of a Class 3 sew-
age system is that it shall be used only for the disposal of the contents
of a Class 1 sewage system or effluent that has passed through a
leaching bed that was in use before the 16th day of April, 1974.
(2) The following are prescribed as standards for the construction
of a Class 3 sewage system:
1. The bottom of the cesspool shall be at least 0.5 metres
above the high ground water table.
2. The cesspool shall be constructed in such a manner as to
prevent the collapse of its sidewalls.
3. Any material used to support or form the sidewalls of the
cesspool shall be an open jointed material of a type that will
permit leaching from the cesspool.
4. The cesspool shall be provided with a tight, strong cover
that shall remain over the cesspool except when it is neces-
sary to remove it for purposes of adding sewage to or
removing sewage from the cesspool or for purposes of
maintenance of the cesspool.
5. The earth around the perimeter of the cesspool shall be
raised or mounded to a height of at least 0.15 metres above
ground level.
6. The surface of the ground in the area of the cesspool shall
be so graded that surface drainage in the area will be
diverted away from the cesspool.
7. The cesspool shall be surrounded on all sides and on the
bottom by at least 0.6 metres of earth. O. Reg. 374/81,
s. 9.
Class 4 Sewage Systems— Septic Tank Systems
10.— (1) The following are prescribed as standards for the con-
struction and installation of a Class 4 sewage system:
1. The septic tank shall conform to the requirements of section
6.
2. The working capacity of the septic tank shall in no case, be
less than 2,700 litres and,
i. where the septic tank system is to be used in connec-
tion with a private dwelling having the number of
bedrooms itemized in column 1 of Table 2, shall be
not less than the number of litres set out opposite
thereto in column 2, or
ii. where the septic tank system is to be used in connec-
tion with structures other than a private dwelling
having five bedrooms or less, shall be not less than
twice the daily sewage flow for daily sewage flows of
3,600 litres or less and not less than three-quarters of
the daily sewage flow plus 4,500 litres for daily sew-
age flows in excess of 3,600 litres.
3. The septic tank shall be of such construction and design as
will permit the collection and holding of sewage therein to a
depth of not less than 120 centimetres except that a depth of
not less than ninety centimetres is permissible where exca-
vation in rock is necessary or to avoid rupture or displace-
ment of the tank due to ground water pressure.
4. The septic tank shall be constructed in such a manner that
658
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Reg./Règl. 358
any sewage flowing through the tank shall pass through at
least two compartinents for settling sewage.
5. The working capacity of the second compartment of a septic
tank shall be approximately 50 per cent of the working
capacity of the first compartment.
6. Partitions separating the septic tank into compartments
shall extend at least fifteen centimetres above the liquid
level at the outlet and there shall be one or more openings
through or above the partition which openings shall have a
total area of at least three times the area of the inlet pipe
and be located between the ceiling and a level fifteen centi-
metres above the liquid level at the outlet to provide for the
free flow of air between compartments.
7. Sewage may pass from one compartment to another of the
septic tank system by means of either,
i. a fixture similar to that described in Standard
CAN3-B66 for outlet devices, or
ii. through two or more openings through the partition
located in a horizontal line and evenly spaced across
the width of the partition, centred at approximately
40 per cent of the liquid depth below the surface of
the liquid, and having a total area of between three
and five times that of the cross-sectional area of the
inlet pipe.
8. Where the total length of distribution pipe required by sub-
section (3) is 150 metres or more, the sewage system shall
have a pump or siphon, contained in a separate compart-
ment that may be part of the tank structure, so designed
and constructed that it will be capable of discharging from
the compartment, within a time period not exceeding fif-
teen minutes, a volume of tank effluent not less than three-
quarters of the total interior volume of the distribution
pipe.
9. No person shall locate or permit the location of a septic
tank closer to an item set out in column 1 of Table 3 than
the horizontal distance set out opposite thereto in column
2. O. Reg. 374/81, s. 10(1).
(2) The following are prescribed as standards for the construction
of a leaching bed used in connection with a Class 4 sewage system:
1. No person shall locate or permit the location of the leaching
bed,
i. in an area that has an average slope that exceeds one
unit vertically to four units horizontally,
ii. in soil that has a percolation time greater than fifty
minutes or less than one minute,
iii. so that a distribution pipe installed therein or any
part thereof is closer to an item set out in column 1
of Table 4 than the horizontal distance set out oppo-
site thereto in column 2,
iv. where the effluent from the leaching bed would
cause impairment of the ground water, or
V. in or on an area subject to flooding that may be
expected to cause damage to the leaching bed or a
public health nuisance by impairing the operation of
the leaching bed.
2. The surface of the leaching bed shall be shaped to shed
water and, together with the side slopes of any raised por-
tion, shall be protected against erosion in such a manner as
to not inhibit the evaporation and transpiration of waters
from the soil and to not cause plugging of the distribution
pipe.
3. The leaching bed shall not be covered with any impervious
material.
4. The leaching bed shall be protected from compaction or any
stress or pressure that may result in the impairment or
destruction of any pipe or tile in the leaching bed.
O. Reg. 374/81, s. 10 (2); O. Reg. 290/83, s. 2 (1).
(3) The following are prescribed as standards for the construction
of a leaching bed, constructed by means of absorption trenches, that
is used in connection with a Class 4 sewage system:
1. The leaching bed serving a private dwelling having the num-
ber of bedrooms set out in column 1 of Table 5 shall have a
distribution pipe having a total length not less than that set
out opposite such number in the column headed by the
design percolation time for the soil in the leaching bed.
2. The leaching bed serving a building or structure other than
a private dwelling shall have a total length of distribution
pipe not less than the value determined by the formula,
L= QT/200
where L is the total length of distribution pipe expressed in
metres, Q is the total daily sewage flow in litres and T is the
design percolation time in minutes, but in no case shall the
total length of distribution pipe be less than forty metres.
3. The absorption trenches shall be,
i. not more than thirty metres in length,
ii. approximately the same length,
iii. at least 0.5 metres in width,
iv. between 0.6 and 0.9 metres in depth,
v. centred at least 1.6 metres apart,
vi. set at an elevation such that the bottom of the trench
shall be at all points at least 0.5 metres above high
ground water table and at least 0.9 metres above the
maximum elevation of rock or soil with a percolation
time of greater than fifty minutes, and
vii. backfilled, after installation of distribution pipe in
accordance with paragraph 4, with porous soil so as
to ensure that after the soil settles the surface of the
leaching bed will not form any depressions.
4. Distribution pipe used in the construction of a leaching bed
shall be,
i. of not less than three inch diameter trade size for
gravity flow systems or one and one-quarter inch
diameter trade size for pressurized systems,
ii. placed or installed on a layer or covering at least 0.15
metres in depth and 0. 5 metres in width comprised
of stone that is either nineteen millimetre clear
aggregate, washed to be free of fine material, or
clean gravel screened to be between nineteen and
fifty-three millimetres in size,
iii. placed or installed with a uniform downward slope
from the inlet with a drop of not less than thirty mil-
limetres and not more than fifty millimetres for each
ten metres of its length,
iv. where it is open-jointed distribution pipe, installed
659
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ENVIRONMENTAL PROTECTION
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in such a manner that there is an open space of not
less than six and not more than twelve millimetres
between each pipe or tile and that the upper half of
every open space is covered with tar paper so as to
prevent soil, gravel or other foreign matter from
entering the distribution pipe through the open
space, and
V. covered with stone of the type used below the distri-
bution pipe to a height of at least fifty millimetres
above the top of the distribution pipe, which stone is
then completely covered with untreated building
paper, pea gravel, straw or other like material in
such a manner as to prevent soil from entering the
stone.
5. A leaching bed comprising absorption trenches may be con-
structed in imported soil provided that,
i. there is unsaturated soil having a percolation time
not less than one minute and not more than fifty
minutes, to a depth of at least 0.25 metres over the
area covered by the leaching bed and extending for
at least fifteen metres beyond the outer distribution
pipes in any direction in which the sewage entering
the soil will move laterally,
ii. where soil is added to meet the requirements of sub-
paragraph i it shall be stabilized against erosion,
iii. where the soil meeting the requirements of subpara-
graph i has percolation time greater than fifteen
minutes, any soil added to it, except porous soil
added as backfill above the stone layer in which the
distribution pipe is located, has a percolation time
not less than 75 per cent of the percolation time of
the soil meeting the requirements of subparagraph i,
iv. the site to which the soil is added is generally clear of
vegetation,
V. the soil that is added is compacted in layers so as to
avoid uneven settlement of the distribution pipes,
vi. the surface of the soil that is added to form the leach-
ing bed and is above the level of the surrounding
ground is extended horizontally at least one metre
beyond the centre line of any pipe or the end of any
absorption trench or part thereof before sloping to
ground level,
vii. the sides of the added soil are sloped to ensure sta-
bility but are not steeper than one unit vertically to
two units horizontally,
viii. any distribution boxes, header lines, absorption
trenches and distribution pipe are constructed or
installed only after the soil that has been added to
the site has been compacted in accordance with sub-
paragraph V, and
ix. the distances set out in column 2 of Table 4 are
increased by two metres for each metre that the sur-
face of the leaching bed is raised above ground level.
6. Soil added to meet the requirements of subparagraph i of
paragraph 5 or to form the leaching bed, shall be regarded
as part of the sewage system for the purposes of section 5.
O. Reg. 374/81, s. 10 (3).
(4) A leaching bed used in connection with a Class 4 sewage sys-
tem may be constructed as one or more filter beds if,
(a) the requirements of subsection (2), paragraphs 4 and 6 of
subsection (3) and subparagraphs i to v, viii and ix of para-
graph 5 of subsection (3) are met;
(b) the daily sewage load to the leaching bed does not exceed
5,000 litres;
(c) the effective area of the surface of the filter medium in each
filter bed is at least ten square metres and not more than
fifty square metres;
(d) where the leaching bed is serving a private dwelling with the
number of bedrooms set out in Column 1 of Table 6, the
area of the filter medium in the leaching bed is not less than
that set out opposite the appropriate number of bedrooms
in the column for Class 4 sewage systems;
(e) where the daily sewage flow to the leaching bed does not
exceed 3,000 litres, the area is such that the loading on the
surface of the filter medium does not exceed 75 litres per
square metre per day;
(f) where the daily sewage flow to the leaching bed exceeds
3,000 litres, the area is such that the loading on the surface
of the filter medium does not exceed 50 litres per square
metre per day and the leaching bed is comprised of more
than one filter bed, each of similar size and adjacent to each
other;
(g) where there is more than one filter bed in a leaching bed,
the filter beds are separated so that there are at least five
metres between the distribution pipes of each filter bed and
those of all other filter beds;
(h) the surface of the filter medium to which the sewage is
applied is at least 0.5 metres above the high ground water
table and at least 0.9 metres above the maximum elevation
of rock or soil with a percolation time greater than fifty
minutes;
(i) the stone layer in which the distribution pipe is set is contin-
uous over the surface of the filter medium to which the sew-
age is applied;
(j) the lines of distribution pipe are evenly spaced over the sur-
face of the filter medium to which the sewage is applied at a
spacing not exceeding 1.2 metres;
(k) the distance between,
(i) the edge of the stone layer in which the distribution
pipe is set, and
(ii) the end of any distribution pipe and the center line
of the outermost distribution pipe,
shall, where there is more than one line of distribution pipe,
be approximately one-half of the distribution pipe spacing
but, in any event, shall not be less than 0.2 metres or more
than 0.6 metres;
(1) the filter medium has a minimum depth of 0.75 metres
below the stone layer and is clean sand comprised of parti-
cles ranging in size between the limits of,
(i) an effective size of 0.25 millimetres with a uniformity
coefficient not less than 3.5, and
(ii) an effective size of 2.5 millimetres with a uniformity
coefficient not greater than 1.5,
and having a uniformity coefficient not greater than 4.5;
(m) the base of the filter medium extends at a thickness of at
least 0.25 metres over an area meeting the requirements of
the formula:
660
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Reg./Règl. 358
A= QT/850
where A is the area of contact in square metres between the
base of the fiher medium and the underlying soil, Q is the
daily sewage flow in litres and T is the percolation time of
the underlying soil;
(n) the filter bed is overfilled with porous soil so as to ensure
that after the soil settles the surface of the bed will be
shaped to shed rain-water. O. Reg. 374/81, s. 10 (4);
O. Reg. 290/83, s. 2 (2); O. Reg. 71/85, s. 2.
(5) The following are prescribed as standards for the operation of
a Class 4 sewage system:
1. The owner of the sewage system shall arrange for the ser-
vicing and maintenance of all components of the sewage
system as required to ensure its continued proper opera-
tion.
2. If the sewage system is a Class A sewage system, the owner
shall at least once in every twelve months in which the sys-
tem is used have it inspected by a person licensed to carry
out servicing and repairs. O. Reg. 374/81, s. 10 (5).
6. The working capacity of a holding tank shall not be less
than 9,000 litres. O. Reg. 374/81, s. 11 (1, 2).
(3) To meet the requirements of paragraph 6 of subsection (2),
two or more tanks may be used and, if they are connected in such a
manner as will allow the sewage contained therein to flow between
the tanks, they shall be deemed to be one holding tank, but the com-
bined working capacity shall not include any portion of any tank that
cannot be completely drained due to the manner in which the con-
nections are made. O. Reg. 374/81, s. 11 (4).
Cij\ss 6 Sewage Systems— Proprietary Aerobic Systems
12.— (1) The following are prescribed as standards for installation
of a Class 6 sewage system:
1. No person shall locate or cause or permit the location of the
proprietary aerobic sewage treatment plant closer to an
item set out in column 1 of Table 3 than the horizontal dis-
tance set out opposite thereto in column 2.
2. A leaching bed constructed as part of the sewage system
shall be located in accordance with paragraph 1 of subsec-
tion 10 (2).
Class 5 Sewage Systems— Houjing Tanks
11.— (1) The following are prescribed as the standards for the con-
struction and operation of a Class S sewage system:
1. The sewage system shall be operated in connection with a
Class 7 sewage system for which a certificate of approval
has been issued under Part VIII of the Act.
2. When the sewage system is filled with sewage the sewage
system shall not be operated until such time as the sewage is
removed from the sewage system in accordance with the
Act and this Regulation.
3. The sewage system shall have an apparatus or device
installed and kept operating to provide a warning that is vis-
ible or audible or both to indicate when the tank is nearing
capacity and should be emptied, which apparatus or device
shall be capable of adjustment to give warning at the sew-
age level in the tank that, in relation to the daily sewage
flow, will provide a suitable advance warning to the build-
ing occupants considering the location of the system and the
response time of the contracted Class 7 sewage system.
(2) The following are prescribed as standards for the construction
of a holding tank that is to be used as part of a Class 5 sewage sys-
tem:
1. The holding tank shall conform to the requirements of sec-
tion 6.
2. The holding tank shall be capable of being fitted with that
part of the warning device referred to in paragraph 3 of sub-
section (1) that is to be mounted on or in the tank.
3. The holding tank shall be of a design or construction that
will allow it to be sealed in such a manner as to be capable
of withstanding internal pressure as specified in Under-
writers' Laboratories of Canada Standards ULC-S601-1973
andULC-S603-1973.
4. The holding tank shall be of such design and construction as
will allow the complete removal of solid matter that can be
expected to settle in the holding tank.
5. The holding tank shall have an apparatus or device suitable
for allowing the contents of the holding tank to drain from
or be otherwise removed from the holding tank in accor-
dance with the Act and this Regulation.
3. The sewage system shall comply with paragraph 8 of subsec-
tion 10 (1).
4. The sewage system shall include an audible failure warning
alarm located to warn occupants of the building served of a
malfunction in the operation of the proprietary aerobic sew-
age treatment plant. O. Reg. 374/81, s. 12(1).
(2) The following are prescribed as standards for the construction
of a leaching bed that is used in connection with a Class 6 sewage sys-
tem:
1. The leaching bed, if constructed by means of absorption
trenches, shall have, in any case, at least thirty metres of
distribution pipe but,
i. if serving a private dwelling, it shall have distribution
pipe of a total length not less than two-thirds of the
length set out in the appropriate column of Table 5
showing the design percolation time for the soil In
the leaching bed opposite the number of bedrooms
set out in column 1 of Table 5, or
ii. if serving a structure other than a private dwelling, it
shall have distribution pipe of a total length not less
than the value determined by the formula:
L = QT/300
where L is the total length of distribution pipe expressed In
metres, Q Is the total dally sewage flow in litres and T Is the
design percolation time in minutes.
2. Where the leaching bed Is constructed by means of absorp-
tion trenches, it shall conform to subsection 10 (2) and
paragraphs 3, 4, 5 and 6 of subsection 10 (3).
3. The leaching bed may be constructed as a filter bed where,
i. except as provided in subparagraphs 11 to v. It con-
forms to subsection 10 (4),
ii. the daily sewage load to the leaching bed does not
exceed 10,000 litres,
iii. if the leaching bed is serving a private dwelling with
the number of bedrooms set out in Column 1 of
Table 6, the area of the filter medium in the leaching
bed is not less than that set out opposite the appro-
661
Reg./Règl. 358
ENVIRONMENTAL PROTECTION
Reg./Règl. 358
priate number of bedrooms in the column for Class 6
sewage systems,
iv. if the daily sewage flow does not exceed 6,000 litres,
the area is such that the loading on the surface of the
filter medium does not exceed 150 litres per square
metre per day, and
V. if the daily sewage flow exceeds 6,000 litres, the area
is such that the loading on the surface of the filter
medium does not exceed 1(X) litres per square metre
per day and the leaching bed is comprised of more
than one filter bed. O. Reg. 374/81, s. 12 (2);
O. Reg. 290/83, s. 4 (1); O. Reg. 71/85, s. 3.
(3) The manufacturer or distributor of a proprietary aerobic sew-
age treatment plant shall have, for each type and model of plant sold,
printed literature that describes the plant in detail and provides com-
plete instructions regarding the operation, servicing, and mainte-
nance requirements of the plant and its related components neces-
sary to ensure its continued proper operation in accordance with its
design and specifications.
(4) The following are prescribed as standards for the construc-
tion, operation and maintenance of a Class 6 sewage system:
1. The proprietary aerobic sewage treatment plant and its
related components shall be operated, serviced and main-
tained in accordance with the instructions referred to in
subsection (3).
2. Servicing and maintenance shall be undertaken regularly
and with a frequency necessary to ensure the proper opera-
tion of the plant and its components in accordance with its
designs and specifications. O. Reg. 374/81, s. 12 (3, 4)
(5) The person who constructs a Class 6 sewage system shall
ensure that a copy of the literature described in subsection (3) is
made available to the owner of the property on which the system is
to be installed for retention by that person. O. Reg. 598/88, s. 5 (1)
(6) No person shall operate a Class 6 sewage system that is not a
Class A sewage system unless the servicing and maintenance of the
proprietary aerobic sewage treatment plant and its related compo-
nents are carried out by a person who,
(a) possesses the instructions referred to in subsection (3); and
(b) if in the business of servicing and repairing sewage systems,
is authorized by licence to service and maintain that type of
proprietary aerobic sewage treatment plant or possesses
other evidence, acceptable to the Director, demonstrating
the person's qualifications for such work.
(7) No person shall operate a Class 6 sewage system that is a
Class A sewage system unless there is a written agreement for the
servicing and maintenance of the proprietary aerobic sewage treat-
ment plant and its related components between the owner or opera-
tor and a person described in clause (6) (b) or an employee of the
owner who,
(a) is approved by the manufacturer for the servicing and main-
tenance of the proprietary aerobic sewage treatment plant
and its related components; and
(b) is approved for that purpose in writing by the Director and
carries out the servicing and maintenance as part of his or
her duties. O. Reg. 598/88, s. 5 (2).
Class 7 Sewage Systems— Hauled Sewage Systems
13.— (1) The following are prescribed as standards for the opera-
tion of a Class 7 sewage system:
1. Every tank that is part of a Class 7 sewage system and that
is used for the transportation of sewage shall have inscribed
thereon in plain view the words "SEWAGE WASTE" in
letters which are not less than 150 millimetres in height,
unless the tank bears a company designation in letters of
similar size that clearly indicates the nature of the contents.
2. A Class 7 sewage system or any part thereof that comes into
contact with sewage shall not be used for the collection,
handling, treatment, transportation, storage or processing
of any material other than sewage or a material approved in
writing by the Director.
3. Sewage shall not be emitted, discharged or deposited on the
surface of the ground from a Class 7 sewage system except
in accordance with,
i. terms and conditions providing for such emission,
discharge or deposit, contained in a certificate of
approval issued under section 77 of the Act and pur-
suant to a permit issued under section 78 of the Act,
or
ii. an order issued under section 79 of the Act.
O. Reg. 374/81, s. 13 (1); O. Reg. 515/82, s. 1 (1).
(2) Paragraph 2 of subsection (1) does not apply to prohibit a
tank truck or trailer that has been used to haul sewage from being
used to transport other liquids where,
(a) the tank is not used for transporting liquids for human or
animal consumption or any substance categorized as haz-
ardous waste or hauled liquid industrial waste as defined in
Regulation 347 of Revised Regulations of Ontario, 1990;
(b) the owner or operator of the tank truck or trailer obtains
every approval required for its alternate use;
(c) the tank and any parts that have contacted sewage are
cleaned prior to the alternate use to the satisfaction of the
receiver of the hauled liquid; and
(d) prior to any reuse for hauling sewage, the tank and every
part contaminated during the alternate use shall be cleaned
to the satisfaction of the Director issuing the certificate of
approval for the Class 7 sewage system. O. Reg. 290/83,
s. 5.
(3) A person who holds a licence under section I
the operation of a Class 7 sewage system shall.
I of the Act for
(a) keep daily records of the premises from which sewage is
collected and the amounts of sewage collected therefrom;
(b) keep daily records of the disposal site or disposal sites at
which the sewage is discharged or disposed of and the
amounts of sewage discharged or disposed of at those sites;
(c) on or before the 1st day of February of each year submit to
the Director a written report, summarizing the information
so recorded for each disposal site for the previous calendar
year, and such other information as the Director may
require; and
(d) keep the daily records required by clauses (a) and (b) avail-
able for review by the Director as the Director may require
for a period of one year after submission of the written
report required by clause (c) or for such longer period as
the Director notifies the licensee in writing. O. Reg.
374/81, s. 13 (3); O. Reg. 515/82, s. 1 (2).
Licensing
14.— (1) A person engaged in the type of business set out in col-
umn 1 of Table 7 shall have the class of licence set out opposite
thereto in column 2.
662
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Reg./Règl. 358
(2) The holder of one class of licence may, if also holding the
appropriate certificates of approval and permits, engage in the activ-
ity of the holder of the other class of licence which is incidental to the
business carried on under the class of licence held.
(3) An application for a licence referred to in subsection (1) or
for a renewal thereof shall be made to the Director.
(4) An application for renewal of a licence shall be made at least
thirty days prior to the expiry of the licence being renewed.
(5) An applicant for a licence shall, if required by the Director,
pass an examination administered by a person designated by the
Director.
(6) Where the Director requires an applicant to pass an examina-
tion the Director shall ensure that the applicant is notified by regis-
tered mail of,
(a) the date, time and place fixed for the examination; and
(b) any information or evidence in respect of the qualifications
of the applicant to engage in the business that the Director
may require the applicant to produce.
(7) A notice referred to in subsection (6) shall be given at least
seven days before the day fixed for the examination.
(8) Where a partnership or corporation is the applicant the appli-
cation shall include the following information,
(a) the names and addresses of all its partners, members, offi-
cers or directors, as the case may be;
(b) the names of all its partners, directors of corporations or
full-time employees of corporations, as the case may be,
who are the persons who will be in charge of supervising the
work to be carried out by the partnership or corporation;
and
(c) from among the names specified under clause (b) the name
or names of its official representative or representatives
whose duty it is to ensure that the Act and the Regulations
are complied with,
and the applicant shall, whenever there is a change in the particulars
given in its application, give notice of the change to the Director
within thirty days after the effective date of the change.
(9) In the case of an application for a licence by a partnership or
corf)oration the examination referred to in subsection (5) shall be
taken by the official representative specified under clause (8) (c).
O. Reg. 374/81, s. 14.
Fees
15.— (1) Except where a higher fee is prescribed by a municipality
under subsection 81 (4) of the Act, the fees payable for the following
matters are:
1. For an application for a certificate of approval for
the construction, installation, establishment,
enlargement, extension or alteration of a Class 4, 5,
6 or 7 sewage system other than a Class A sewage
system $36.05
2. For an application for a certificate of approval for
the construction, installation, establishment,
enlargement, extension or alteration of a Class A
sewage system 87.55
3. For the issuance of each licence under section 80 of
the Act Nil
4. For the renewal of a licence issued under section 80
of the Act Nil
5. For a matter referred to in subsection 82 (2) of the
Act Nil
O. Reg. 374/81, s. 15 (I); O. Reg. 130/84, s. 1 (1); O. Reg. 546/85,
s. 1(1,2).
(2) Every parcel of land with respect to which there is an applica-
tion referred to in clause 82 (2) (a) or (c) of the Act and no applica-
tion referred to in clause 82 (2) (b) or (d) of the Act, and the subject
matter of the application,
(a) by the determination of the person to whom the application
is made will not affect any sewage system or potential sew-
age system or require a new sewage system; and
(b) is not forwarded to a Director under Part VIII of the Act
for review,
is exempt from the payment of the fee for the purposes of section 82.
O. Reg. 71/85, s. 4.
Table 1
CLEARANCES FOR CLASS 1, 2 AND 3 SEWAGE SYSTEMS
(Subsection 5 (3))
Column 1
Column 2
Column 3
Column 4
Column 5
Minimum distance in metres
from well with watertight
casing to a depth of 6 metres
Minimum distance in metres
from spring used as a source
of potable water or well
other than a well with
watertight casing to a depth
of 6 metres
Minimum distance in metres
from lake, river, pond,
stream, reservoir or a spring
not used as a source of
potable water
Minimum distance in metres
from a Property Line
Pit Privy
Privy Vault
Pail Privy
Cesspool
Leaching pit
15
10
30
10
30
15
60
15
15
10
15
15
3
3
3
3
O. Reg. 374/81, Table 1.
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ENVIRONMENTAL PROTECTION
Table 2
SEPTIC TANK MINIMUM SIZE REQUIREMENTS FOR RESIDENCES
(Subparagraph i of Paragraph 2 of Subsection 10 (1))
Reg./Règl. 358
Column 1
Column 2
Number of Bedrooms
Working Capacity
In Litres
Two bedrooms or less
Three bedrooms
Four or five bedrooms
2,700
3,600
4,500
Table 3
CLEARANCES FOR SEPTIC TANKS
AND PROPRIETARY AEROBIC TREATMENT PLANTS
(Paragraph 9 of Subsection 10 (1) and Paragraph 1 of Subsection 12 (1))
Column 1
Column 2
Distance in Metres
Building or structure
1.5
Lake
15
Pond
15
Property Line
3
Reservoir
15
River
15
Spring
15
Stream
15
Well
15
Table 4
O. Reg. 374/81, Table 2.
O. Reg. 374/81, Table 3.
LEACHING BED DISTRIBUTION PIPE CLEARANCES
(Subparagraph iii of Paragraph 1 of Subsection 10 (2) and Subparagraph ix of Paragraph 5 of Subsection 10 (3))
Column 1
Column 2
Distance in Metres
1.
Well, other than a well referred to in item 2, or a
spring used as a source of potable water
30
2.
Well with watertight casing to a depth of 6 metres
15
3.
Building or structure
5
4.
Property line
3
5.
A spring not used as a source of potable water or a
lake, river, pond, stream or reservoir
15
O. Reg. 290/83, s. 6.
664
Reg./Règl. 358
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 358
Table 5
LENGTH OF DISTRIBUTION PIPE IN METRES FOR VARIOUS DESIGN SOIL PERCOLATION
TIMES(T) FOR PRIVATE DWELLINGS
(Paragraph 1 of Subsection 10 (3) and Subparagraph i of Paragraph 1 of Subsection 12 (2))
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
Number of Bedrooms
T from 1 to 5 min
inclusive
T greater than 5
min but not greater
than 10 min
T greater than 10
min but not greater
than 15 min
T greater than 15 min but
not greater than 20 min
T greater
than 20 min
but not
greater than
25 min
T greater than
25 min
2 or less
40
40
70
100
130
5.5T
3
40
60
100
140
180
8T
4
40
80
130
180
230
lOT
for each bedroom over
4, add
5
12
20
27
35
1.5T
O. Reg. 374/81, Table 5.
Table 6
MINIMUM AREA OF THE SURFACE OF THE FILTER MEDIUM IN FILTER TYPE LEACHING
BEDS FOR PRIVATE DWELLINGS
(Clause 10 (4) (d) and Subparagraph iii of Paragraph 3 of Subsection 12 (2))
Column 1
Minimum Surface Area of the Filter
Medium— Square Metres
Number of Bedrooms
Class 4 Sewage
Systems
Class 6 sewage
Systems
2 or less
3
4
For each bedroom over 4
add
15
22
28
4
10
11
14
2
O. Reg. 290/83, s. 7.
Table 7
CLASSES OF LICENCE
(Section 14 (1))
Column 1
Column 2
Type of Business
Class of Licence
Construction on site, installing, repairing, servicing,
cleaning or emptying sewage systems
Storing, hauling or disposing of sewage from a
sewage system
1
2
O. Reg. 374/81, Table 6.
665
Reg./Règl. 359
ENVIRONMENTAL PROTECTION
Reg./Règl. 360
REGULATION 359
SEWAGE SYSTEMS-EXEMPTIONS
1. Sewage works designed to distribute sewage on the surface of
the ground for the purpose of disposing of the sewage and from
which sewage is not to be drained or discharged directly or indirectly
into a ditch, drain or storm sewer or well, lake, river, pond, spring,
stream, reservoir or other water or watercourse are classified as sur-
face sewage works. O. Reg. 21/83, s. 1.
2. Surface sewage works that would require an approval under
section 53 of the Ontario Water Resources Act but for Part VIII of
the Environmental Protection Act are exempt from Part VIII of the
Environmental Protection Act. O. Reg. 21/83, s. 2.
REGULATION 360
SPILLS
PARTI
CONDITIONS IN RESPECT OF COMPENSATION FROM
THE CROWN UNDER SECTION 101 OF THE ACT
1. In this Part, "applicant" means a person applying for compen-
sation under section 101 of the Act, and includes the legal represen-
tative of a person under a legal disability. O. Reg. 618/85, s. 1.
2. The following conditions are prescribed for the purposes of
section 101 of the Act:
1. An applicant must,
i. apply in the form provided by Her Majesty in right
of Ontario,
ii. submit with the application a copy of the order or
direction in respect of which the cost and expense
were incurred, and
iii. provide or authorize the provision of such informa-
tion and evidence as may reasonably be required, by
the person appointed by the Minister to consider
claims under section 101 of the Act, in determining
the entitlement to, or amount of, compensation.
2. An applicant must apply not later than,
i. eighteen months, or
ii. where Her Majesty in right of Ontario agrees in writ-
ing, either before or after the expiration of the eight-
een month period, that the subrogated position of
Her Majesty in respect of the compensation is not
prejudiced by the delay, two years,
after the time that the cost and expense were incurred.
3. An applicant must have followed every lawful order or
direction that relates to the applicant made under Part X of
the Act and, except to the extent that an order or direction
under Part X provides to the contrary, under the
Environmental Protection Act, Ontario Water Resources Act
or Pesticides Act.
4. An applicant,
i. must not have settled any part of the claim against
any person for the cost and expense without the
prior written consent of Her Majesty in right of
Ontario,
ii. must have included, in any action brought by the
applicant for the cost and expense, all persons,
including Her Majesty in right of Ontario, whom the
applicant should reasonably believe to be liable at
law for any part of the cost and expense, and
iii. must assign to Her Majesty in right of Ontario any
judgment for any part of the cost and expenses
obtained by the applicant from a court.
5. An applicant must not include in the application a claim for
the difference between the total amount of the cost and
expense and,
i. the total amount, exclusive of costs, for which the
applicant has obtained judgment in actions for the
cost and expense, and
ii. the total amount, exclusive of costs, for which the
applicant has settled the claims for cost and expense.
6. An applicant that is a municipality, a regional municipality
or other public authority must not include in its application
a claim in respect of any cost or expense that it otherwise
would have incurred in carrying out its statutory duty or
authority if the order or direction under Part X of the Act
had not been issued. O. Reg. 618/85, s. 2.
PART II
PAYMENT AUTHORIZED BY THE ENVIRONMENTAL
COMPENSATION CORPORATION
3.-(l) In this Part,
'amount", when used with respect to insurance, includes the amount
of any deductible under the relevant insurance coverage that is not
insured by another policy of insurance, the amount of which has
been included in the calculation;
'applicant" means an applicant under section 103 of the Act and
includes the legal representative of a person under a legal disabil-
ity;
'Corporation'
tion;
means the Environmental Compensation Corpora-
'financial statement" means a financial statement supported by a
certificate by an auditor licensed under the Public Accountancy
Act stating that the financial statement was prepared in accordance
with generally accepted accounting principles or such other verifi-
cation as is satisfactory to the Corporation;
'person liable", when used with reference to a spill, means a person
against whom an applicant might reasonably be considered to have
a cause of action for loss, damage, cost or expense in respect of the
spill;
"specified deductible" means $1,000,000 plus, in the case of a corpo-
ration other than one included in the definition of "municipality"
in section 1 of the Act, 10 per cent of the value of the assets of the
corporation;
"spill creditor" means a member of a class prescribed by section 4
other than a member of a class of owners of the pollutant or of per-
sons having control of the pollutant;
"value", in relation to assets, means,
(a) the total book value of the assets less any liabilities as dis-
closed in a financial statement prepared as of the day imme-
diately preceding the day of the spill, or
(b) the total book value of the assets less any liabilities as dis-
closed in a financial statement prepared as of the fiscal year
end of the person or organization to which the statement
relates, if the statement is supported by a certificate by an
666
Reg./Règl. 360
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 360
auditor licensed under the Public Accountancy Act or such
other verification as is satisfactory to the Corporation stat-
ing,
(i) that no material change has occurred in the total
book value of the assets or liabilities during the
period of time between the day of the fiscal year end
and the day on which the spill occured, or
(ii) that a material change has occurred in the total book
value of the assets or liabilities during the period of
time between the day of the fiscal year end and the
day on which the spill occurred, specifying the
nature and amount of the material change and the
adjustments to the financial statement consequent
upon the material change.
(2) For the purposes of the defmition of "value",
(a) where a spill first occurs before the 29th day of November,
1985 and continues after that date, the day referred to shall
be deemed to be the 29th day of November, 1985; or
(b) where the day on which a spill first occurs cannot be estab-
lished, the day referred to shall be deemed to be the day on
which the applicant first knew or ought to have known of
the spill or the 29th day of November, 1985, whichever is
the later. O. Reg. 618/85, s. 3.
4.— (1) The following classes are prescribed for the purposes of
section 103 of the Act:
1. Persons who have incurred loss or damage as a direct result
of the spill of the pollutant that causes or is likely to cause
adverse effects.
lioration of adverse effects and restoration of the
natural environment.
3. Persons who have incurred loss or damage as a direct result
of the neglect or default of,
i. a person having control of the pollutant or a person
who spills or causes or permits the spill, in carrying
out their duty to give notice under section 92 of the
Act,
ii. an owner of the pollutant or a person having control
of the pollutant, in carrying out their duty to do
everything practicable to prevent, eliminate and
ameliorate adverse effects and to restore the natural
environment,
iii. a person carrying out an order of the Minister with
respect to,
A. the prevention, elimination and amelioration
of adverse effects and the restoration of the
natural environment, or
B. the use or disposal of the pollutant or any
matter, thing, plant or animal or any part of
the natural environment affected or that rea-
sonably may be expected to be affected by the
pollutant,
iv. a person carrying out a direction by the Director
with respect to the use or disposal of the pollutant or
any matter, thing, plant or animal or any part of the
natural environment affected or that reasonably may
be expected to be affected by the pollutant, or
2. Persons who have incurred loss or damage as a direct result
of.
i. prevention, elimination and amelioration of adverse
effects and restoration by a municipality, a regional
municipality or a person or a member of a class of
persons designated for the purposes of subsection
100(1) of the Act,
ii. an owner of the pollutant or a person having control
of the pollutant carrying out or attempting to carry
out their duty to do everything practicable to pre-
vent, eliminate and ameliorate adverse effects and
restore the natural environment,
iii. a person carrying out or attempting to carry out an
order of the Minister with respect to,
A. the prevention, elimination and amelioration
of adverse effects and the restoration of the
natural environment, or
B. the use or disposal of the pollutant, or any
matter, thing, plant or animal or any part of
the natural environment affected or that rea-
sonably may be expected to be affected by the
pollutant,
iv. a person carrying out or attempting to carry out a
direction by the Director with respect to the use or
disposal of the pollutant or any matter, thing, plant
or animal or any part of the natural environment
affected or that reasonably may be expected to be
affected by the pollutant, or
V. an employee or agent of the Ministry carrying out or
attempting to carry out a direction by the Minister
with respect to the prevention, elimination and ame-
V. an employee or agent of the Ministry carrying out a
direction by the Minister with respect to the preven-
tion, elimination and amelioration of adverse effects
and restoration of the natural environment.
4. Owners of the pollutant who, at any time after the spill, are
liable to pay compensation under Part X of the Act.
5. Persons having control of the pollutant who, at any time
after the spill, are liable to pay compensation under Part X
of the Act.
(2) The classes prescribed by subsection (1) do not include,
(a) Her Majesty in right of Canada or of any province or any
other government;
(b) an agency, board or commission of Her Majesty in right of
Canada or of any province or of any other government;
(c) a corporation owned or controlled directly or indirectly by
Her Majesty in right of Canada or of any province or by any
other government;
(d) a person entitled to a benefit under the Workers' Compen-
sation Act to the extent that the benefit is in respect of per-
sonal injury suffered as a direct result of a circumstance
mentioned in clause 103 (1) (a) of the Environmental Pro-
tection Act;
(e) a person who does not ordinarily reside in Ontario, unless
the person ordinarily resides in a jurisdiction where the law
in effect on the day that the spill occurs provides to persons
who reside in Ontario recourse of a substantially similar
character to that provided by Part X of the Act and the reg-
ulations relating to Part X; or
(f) an insurer within the meaning of the Insurance Act whose
i
667
Reg./Règl. 360
ENVIRONMENTAL PROTECTION
Reg./Règl. 360
claim is in respect of a contract of insurance within the
meaning of that Act. O. Reg. 618/85, s. 4.
5. The following conditions are prescribed for the purposes of
section 103 of the Act:
1. An applicant must,
i. apply in the form provided by the Corporation, and
ii. provide or authorize the provision of such informa-
tion and evidence as may reasonably be required by
the Corporation in determing the entitlement to, or
amount of, compensation.
2. An applicant must not have settled any part of the claim for
compensation against any person in respect of any matter
included in the application without the prior written con-
sent of the Corporation. O. Reg. 618/85, s. 5.
6. The following principle must be adhered to in calculating the
amount of the payment authorized under section 103 of the Act to
each applicant:
1. In the case of an applicant who does not ordinarily reside in
Ontario, the Corporation shall not authorize payment of an
amount in excess of the amount that would be paid as com-
pensation to the applicant in the other jurisdiction,
i. if the applicant were ordinarily resident in Ontario,
ii. if the applicable law were the legislation, in effect on
the day the spill occurred, in the other jurisdiction,
and
iii. if the spill had occurred in the other jurisdiction.
O. Reg. 618/85, s. 6.
7.— (1) The following conditions must be complied with before
the Corporation authorizes payment under section 103 of the Act to
an applicant who is the owner of a pollutant or the person having
control of the pollutant:
1. Each application for compensation in respect of the spill of
the pollutant by a person other than the applicant and each
claim that might be contained in the application must have
been settled with the Corporation, the applicant or the
insurer of the applicant, or the claim must have been prose-
cuted to final judgment or dismissal or otherwise finally
determined.
2. The application for compensation must be submitted to the
Corporation within one year after the day on which all of
the liability of the applicant for the spill is finally deter-
mined by settlement, judgment or otherwise.
3. The applicant must be liable, at any time after the spill, to
pay compensation under Part X of the Act.
4. Unless the Corporation has waived the requirement, the
applicant must have brought action against all persons
against whom the applicant can reasonably be considered to
have a cause of action in respect of the spill, and,
i. have settled the claim against any person liable at
law for the spill or have prosecuted the action against
the person to final judgment or dismissal, and
ii. where the applicant has obtained final judgment
against another person in respect of the spill, the
applicant must have exercised all available legal rem-
edies to obtain payment under the judgment.
5. The value of the assets of the applicant, together with the
amount of the payment the Corporation proposes to autho-
6.
rize, must be sufficient, in the opinion of the Corporation,
to satisfy the total liabilities of the applicant.
The applicant must not have been liable at common law for
any claims, cost or expense arising out of the spill.
(2) For the purpose of paragraph 6 of subsection (1),
(a) an applicant who assumes liability under a provision for that
purpose in a contract shall not for that reason alone be con-
sidered liable at common law; and
(b) an applicant who would be liable at common law except for
a provision in a contract to the contrary shall be considered
liable at common law. O. Reg. 618/85, s. 7.
8.— (1) The amount of the payment that may be authorized under
section 103 of the Act to an applicant who is the owner of the pollu-
tant or the person having control of the pollutant shall be calculated
so as to be equal to the lesser of,
(a) the difference between,
(i) the total liability of the applicant to other persons
under Part X of the Act plus the amount of the cost
and expense incurred by the applicant in respect of
the other persons that is reasonable, in the opinion
of the Corporation, in preventing, eliminating and
ameliorating the adverse effects caused by the spill
and in restoring the natural environment, and
(ii) the total of the amounts recoverable in the opinion
of the Corporation and the receipts by the applicant
with respect to the spill, not including payments to or
on behalf of the applicant by an insurer of the appli-
cant,
less the greater of,
(iii) the applicable specified deductible, or
(iv) the amount of insurance coverage the applicant has
that is applicable to liability arising from the spill;
and
(b) the total liability of the applicant to other persons under
Part X of the Act to a limit equal to the aggregate of the
limits prescribed by subsection 10 (2) in respect of all spill
creditors with respect to the spill plus the amount of the
cost and expense incurred by the applicant in respect of the
other persons that is reasonable, in the opinion of the Cor-
poration, in preventing, eliminating and ameliorating the
adverse effects caused by the spill and in restoring the natu-
ral environment.
(2) Where the amount determined under clause (1) (b) would be
higher but for the application of a limit prescribed by clause
10 (2) (b), the amount determined under clause (1) (b) may be
increased by substituting for the said limit the amount paid by or on
behalf of the applicant to the spill creditor under a policy of insur-
ance.
(3) The amount that would otherwise be authorized for payment
under section 103 of the Act to an applicant who is the owner of the
pollutant or the person having control of the pollutant shall be
reduced by an amount equal to,
(a) the amount of any loss, damage, cost or expense in respect
of the spill that could have been prevented by the applicant
if the applicant had carried out the duty under subsection
93 (1) of the Act to do everything practicable to prevent,
eliminate and ameliorate the adverse effects of the spill and
to restore the natural environment; and
(b) the amount of any loss, damage, cost or expense in respect
668
Reg./Règl. 360
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 360
of the spill that could have been presented if the applicant
had complied with the lawful orders and the reasonable rec-
ommendations of all public officers with respect to preven-
tion, elimination and amelioration of adverse effects and
restoration of the natural environment.
(4) Where an applicant under subsection (1) is insured by a policy
of insurance in a form, filed with the Corporation and accepted for
the purpose, providing coverage for at least the amount of the speci-
fied deductible and that defence costs are subject to the limits of the
insurance, the defence costs paid under the policy of insurance for
the claims that are the proper subject of the application shall be part
of the total Hability referred to in subclause (1) (a) (i). O. Reg.
618/85, s. 8.
9. The following conditions must be complied with before the
Corporation authorizes payment under section 103 of the Act to an
applicant who is a spill creditor:
1. The applicant must have made all reasonable efforts to
ascertain the identity of every person liable to the applicant
in respect of the spill.
2. i. The applicant must make every reasonable effort to
serve every person whom the applicant, after making
reasonable inquiries, has reason to believe is liable
to the applicant in respect of the spill with a notice in
writing of the application and a claim in writing for
payment of the full amount of the loss, damage, cost
and expense set out in the application, but this con-
dition does not require the applicant to serve a per-
son whose identity is not known to the applicant if
the applicant has made all reasonable efforts to
ascertain the identity of the person.
ii. Subparagraph i does not apply where an applicant
complies with condition 3 of these conditions before
applying to the Corporation for payment.
3. i. Unless the Corporation has waived the requirement,
the applicant must commence an action or actions
against all persons liable to the applicant in respect
of the spill whose identity is known to or can be
ascertained with reasonable effort by the applicant.
ii. The action or actions must be for not less than the
full amount of the loss, damage, cost and expense for
which application is made to the Corporation.
iii. The applicant must prosecute the action or actions to
final judgment or dismissal, but a dismissal that is
not based on the merit of the applicant's claim does
not meet this condition.
iv. Where the final judgment is obtained by the appli-
cant, the applicant must,
A. make all reasonable efforts to obtain payment
of the amount of the final judgment from the
judgment debtor or judgment debtors,
B. deliver to the Corporation the bills of costs of
the applicant for the action assessed on a
party and party basis, and
C. assign the final judgment to the Corporation,
if the applicant is unsuccessful in obtaining
payment of the full amount of the fmal judg-
ment from the judgment debtor or judgment
debtors.
4. Condition 3 of these conditions does not apply where an
applicant applies to the Corporation for payment of not
more than the aggregate of $10,000 plus an interim payment
of not more than an amount not exceeding 10 per cent of
the balance of the applicant's claim up to the lesser of the
limit under clause 10 (2) (b) or the amount for which the
Corporation determines it is prepared to give a consent to
settlement of an action or actions by the spill creditor for
payment in respect of the loss or damage and,
i. the applicant delivers to the Corporation a release
executed under seal by the applicant of all claims
against Her Majesty in right of Ontario in respect of
the spill if the claim does not exceed $10,000, and
ii. no person liable to the applicant in respect of the
spill pays or undertakes to pay the claim of the appli-
cant within thirty days from the day that the appli-
cant serves the last of the applicant's claims for pay-
ment upon the persons liable to the applicant in
respect of the spill.
Any amount the applicant receives from a person liable to
the applicant in respect of the spill shall be deducted from
the amount otherwise determined under condition 4 of
these conditions for the purpose of determining the amount
that the Corporation may authorize for payment under con-
dition 4.
i. An applicant who commences an action mentioned
in condition 3 of these conditions must give notice in
writing as soon as possible to the Corporation if,
A. a defendant does not file a statement of
defence,
B. a defendant does not appear in person or by
counsel at the trial,
C. a defendant does not appear in person at an
examination for discovery, or
D.
it is proposed to sign judgment upon me
sent or with the agreement of a defendant
the con-
ii. In any of the circumstances mentioned in subpara-
graph i of this condition, the applicant must,
A. deliver to the Corporation such information,
documents and evidence as may reasonably
be required by the Corporation in order to
determine what, if any, steps to require the
applicant to take in the action, and
B. take such steps in the action as may be
required in writing by the Corporation.
7. Upon request, the applicant must transfer to Her Majesty
in right of Ontario any property in respect of which the Cor-
poration proposes to authorize payment in an amount equal
to the fair market value of the property.
8. Where the amount of the application is not more than
$10,000, the applicant must execute a release under seal of
all claims for compensation by the Treasurer of Ontario
that may be authorized by the Corporation.
9. The applicant must give interim notice in writing of the
applicant's loss or damage to the Corporation within thirty
days after the day the applicant knows or ought to know of
the loss or damage, but the Corporation shall waive this
condition where it is of the opinion that the ability of the
Corporation to assess the loss or damage has not been pre-
judiced.
10. The applicant must make application in writing to the Cor-
poration not later than.
669
Reg./Règl. 360
ENVIRONMENTAL PROTECTION
Reg./Règl. 360
i. two years after the day the applicant knows or ought
to know of the loss or damage, or
ii. one year after the day on which the applicant obtains
a final judgment or settles an action for the loss or
damage,
whichever is the later.
11. The applicant must inform the Corporation in writing of
any change in the information in or in respect of the appli-
cation forthwith after the change occurs. O. Reg. 618/85,
s. 9.
10.— (1) The amount of the payment to a spill creditor authorized
under section 103 of the Act shall be calculated in the following man-
1. Interest on a judgment or on costs must not be included in
the amount of the payment.
2. Where the spill creditor has settled a claim for loss or dam-
age as a direct result of the spill with a person other than
the Corporation or the Crown without commencing an
action, a reasonable amount on account of the spill credi-
tor's legal expenses related to the settlement shall be
included in the amount of the payment.
3. Where the spill creditor has brought an action and obtained
a final judgment entirely or partly for loss or damage as a
direct result of the spill, and for costs,
i. where the final judgment is entirely for the loss or
damage, an amount equal to the costs of the action
taxed on a party and party basis shall be included in
the payment, or
ii. where the final judgment is partly for the loss or
damage, an amount shall be included in the amount
authorized for payment that is in the same propor-
tion to the total costs of the action, assessed on a
party and party basis, as the amount of the final
judgment for the loss or damage is to the total
amount of the judgment.
4. No amount shall be authorized for payment in respect of a
claim by the spill creditor in an action that is finally dis-
missed.
5. The amount that would otherwise be authorized for pay-
ment shall be reduced by an amount equal to,
i. $500 in respect of each claim by the spill creditor for
loss or damage to property as a direct result of the
spill and the expense of preventing, eliminating or
ameliorating adverse effects and restoring the natu-
ral environment,
ii. the amount of any loss or damage as a direct result of
the spill that could have been prevented by the spill
creditor if the spill creditor had taken reasonable
measures for such prevention, and
iii. the amount of any loss or damage as a direct result of
the spill that could have been prevented if the spill
creditor had complied with the lawful orders and the
reasonable recommendations of all public officers
with respect to prevention, elimination and amelio-
ration of adverse effects and restoration of the natu-
ral environment.
6. Where the amount of the spill creditor's claim for loss or
damage mentioned in clause 99 (2) (a) of the Act is greater
than the limit under subsection (2), the limit shall be
reduced by an amount equal to.
i. any amount recovered by the spill creditor under
final judgment of a court,
ii. any payment received by the spill creditor from a
relief fund, and
iii. the amount of coverage of all policies of insurance,
within the meaning of the Insurance Act, (other than
life insurance) that is applicable to insure the spill
creditor in respect of the loss or damage, whether or
not the spill creditor becomes or became disentitled
or disqualified to receive the amount or, because of
neglect or default by the spill creditor, the spill credi-
tor is required or may be required to return the
amount.
(2) The limit of the amount that may be authorized by the Corpo-
ration for payment to a spill creditor for loss or damage mentioned in
clause 99 (2) (a) of the Act is the lesser of,
(a) the sum of,
(i) where the spill creditor has obtained final judgment
in an action or actions for the loss or damages, the
amounts of judgments, including costs computed as
mentioned in paragraph 3 of subsection (1), and
(ii) the amounts for which the spill creditor, with the
prior consent in writing of the Corporation, has set-
tled an action or actions by the spill creditor for pay-
ment in respect of the loss or damage; or
(b) $500,000. O. Reg. 618/85, s. 10.
11. The amount of every payment authorized by the Corporation
under section 103 of the Act shall be calculated as of the day that the
payment is authorized by the Corporation. O. Reg. 618/85, s. 11.
12. The Corporation shall not, without the approval of the Lieu-
tenant Governor in Council, authorize payments arising out of a sin-
gle spill in excess of a total of $5,000,000. O. Reg. 618/85, s. 12.
PART III
13. A payment under section 101 or 103 of the Act is subject to
the following conditions:
1. The person to whom payment is made or authorized to be
made shall repay to the Treasurer of Ontario an amount
equal to any amount recovered or received by the person in
respect of the loss or damage as a direct result of the spill
that was not deducted in calculating the amount or the limit
of the amount paid or authorized for payment to the per-
son.
2. The person who applied for payment must not have know-
ingly or recklessly misrepresented or omitted any informa-
tion in the application or in any document or proceeding in
respect of the application.
3. The person who applied for the payment must have
informed the Minister or the Corporation in writing of any
change in the information in or in respect of the application
forthwith after the change occurred and whether the change
occurred before or after payment or authorization of the
payment.
4. An applicant must not include in the application a claim for
cost and expense for an amount of money,
i. that the applicant has received from any other
source,
ii. to which the applicant is or was entitled from any
other source, or
670
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PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 360
iii. that the applicant is qualified to receive from any
other source,
that the applicant is not obligated to repay whether or not
the applicant becomes or became disentitled or disqualified
to receive the amount or, because of neglect or default by
the applicant, the applicant is required or may be required
to return the amount. O. Reg. 618/85, s. 13.
14. Where the Crown or the Corporation has consented to a
settlement of a claim at less than the amount of the loss, damage,
cost or expense incurred by the applicant and has in the consent spec-
ified an amount in addition to the amount of the settlement that the
applicant may include in the application, the applicant may do so and
payment may be made or authorized accordingly. O. Reg. 618/85,
s. 14.
15. A certificate by the Corporation to the Treasurer of Ontario
under section 109 of the Act shall be in Form 1. O. Reg. 618/85,
s. 15.
Farmers, each of whom is a corporation that owns or is a
tenant of a farm in Ontario and that has incurred liability
under Part X of the Act arising out of the production of an
agricultural product on the farm, if a majority of the share-
holders holding a majority of the shares of the corporation
are engaged in, or are related by blood, marriage or adop-
tion to persons engaged in, the production of agricultural
products on a farm in Ontario owned or rented by the cor-
poration.
Farmers, each of whom is a farmer described in paragraphs
1 to 4, except that the farmer incurred liability under Part X
of the Act arising in the course of the farmer assisting in the
production of an agricultural product on another farm,
either without remuneration or as a custom operator, pro-
vided that in the case of a custom operator, the custom
operator,
i. is not operating pursuant to a licence under the
Pesticides Act, and
PART IV
CLASSES OF FARMERS
16.— (1) In this section, "agricultural products" includes,
(a) Christmas trees, eggs, fish, flowers, fruit, grains, herbs,
honey, livestock, maple syrup, milk, mushrooms, nursery
stock, nuts, poultry, seeds, sod, tobacco, vegetables and
wood from a farm woodlot; and
(b) Christmas tree products, dairy products, egg products, fish
products, fruit products, grain products, herb products,
honey products, livestock products, maple syrup products,
mushroom products, nut products, poultry products, seed
products, vegetable products and wood products,
but does not include a manufactured article, unless the manufactured
article,
(c) is produced on a farm from an agricultural product that is
listed in clause (a) or (b) and that is produced on the farm;
(d) is intended for use on a farm in the production of an agricul-
tural product that is listed in clause (a) or (b) and that is
produced on the farm.
(2) For the purposes of section 123 of the Act, the following
classes of farmers are prescribed:
1 . Farmers, each of whom is a natural person who is,
i. an owner,
ii. a tenant, or
iii. a shareholder of a corporation that is an owner or
tenant,
of a farm in Ontario, and who is engaged in, and has
incurred liability under Part X of the Act arising out of the
production of an agricultural product on the farm.
2. Farmers, each of whom is the spouse of a person described
in Class I and who has incurred liability under Part X of the
Act arising out of the production of an agricultural product
on the farm.
3. Farmers, each of whom is related to a natural person
described in Class 1 by blood, marriage or adoption, who is
engaged in work on the farm and who has incurred liability
under Part X of the Act arising out of the production of an
agricultural product on the farm.
ii. has as his or her principal source of income the pro-
duction of agricultural products on a farm described
in paragraphs 1 to 4 with respect to that farmer.
(3) For the purposes of subsection (2), a shareholder of a corpo-
ration who pledges or transfers a share in the corporation as security
for a loan or other indebtedness shall be deemed to continue to be a
shareholder in the corporation while he or she has the right to
redeem the share.
(4) The amount of the limit of the liability of a farmer who is a
member of a class prescribed by subsection (2) for the purposes of
section 123 of the Act is the greater of $500,000 or an amount equal
to the total of the limits of liability under all policies of insurance that
insure the farmer against liability under Part X of the Act.
(5) Where more than one farmer who is a member of a class pre-
scribed in subsection (2) is liable with respect to a single spill and
entitled to the benefits of the limit calculated in accordance with sub-
section (4), the limit applies as if all the farmers involved were a
single farmer. O. Reg. 618/85, s. 16.
17. The specified deductible under subclause 8 (1) (a) (iii), for
the farmer, with respect to a spill for which a limit of liability is pre-
scribed by subsection 16 (4), is the amount prescribed by subsection
16 (4). O. Reg. 618/85, s. 17.
PARTY
CLASSIFICATION AND EXEMPTION OF SPILLS
18.— (1) The following are classified as Class I spills:
1 . Spills of pollutants, each of which,
i. is from a sewage works or a water works for which
an approval under the Ontario Water Resources Act
or a predecessor thereof has been issued and is in
force at the time of the spill, and
ii. occurs at a location and by a physical method that
are in accordance with the approval.
2. Spills of pollutants, each of which,
i. is from a waste management system or a waste dis-
posal site for which a certificate of approval or a pro-
visional certificate of approval under Part V of the
Act has been issued and is in force at the time of the
spill, and
ii. occurs at a location and by a physical method that
are in accordance with the certificate.
3. Spills of pollutants, each of which.
671
Reg./Règl. 360
ENVIRONMENTAL PROTECTION
Reg./Règl. 360
i. is a discharge in respect of which methods or devices,
or both, of control or prevention have been
approved by a certificate under Part II of the Act
that is in force at the time of the spill, and
ii. occurs at a location and by a physical method that
are in accordance with the certificate.
(2) A Class IV spill is exempt from Part X of the Act. O. Reg.
618/85, s. 21.
22.— (1) Spills of pollutants from fires, where the pollutants are
products of combustion of materials in a quantity not greater than
the quantity of such materials normally found in residential proper-
ties of ten or fewer households, are classified as Class V spills.
4. Spills of pollutants, each of which,
i. is from a sewage system for which a certificate of
approval under Part VIII of the Act or a predecessor
thereof has been issued and is in force at the time of
the spill, and
ii. occurs at a location and by a physical method that
are in accordance with the certificate.
5. Spills of pollutants, each of which,
i. is a discharge of a pesticide with respect to which an
order, licence or permit under the Pesticides Act has
been issued and is in force at the time of the spill,
and
ii. occurs in accordance with the order, licence or per-
mit.
(2) A Class I spill is exempt from Part X of the Act if all orders,
requirements and directions made under the Act, the Pesticides Act
and the Ontario Water Resources Act with respect to the spill or the
source of the spill have been complied with and the spill does not
contravene any other part of the Act, any other regulations, any
other federal or provincial Act or any municipal by-law. O. Reg.
618/85, s. 18.
19.— (1) Spills of pollutants that are planned are classified as Class
II spills.
(2) A Class II spill is exempt from section 92 of the Act subject to
the following conditions:
1. The Director must be notified in advance as to the time, the
location and the details of the planned spill, including all
available information about the potential effects of the spill.
2. The owner of the pollutant and the person having control of
the pollutant must monitor the planned spill for effects and
must report thereon to the Director.
3. The consent of the Director must be obtained before the
planned spill is carried out. O. Reg. 618/85, s. 19.
20.— (1) Spills of liquid from the fuel or other systems of vehicles,
where the spills are not in excess of 100 litres each, are classified as
Class III spills.
(2) A Class III spill is exempt from section 92 of the Act subject
to the following conditions:
1. The spilled liquid does not enter and is not likely to enter
any surface water or water well.
2. The person having control of the liquid must have complied
with the notification requirements under the Highway Traf-
fic Act.
(3) In this section, "liquid" means operating fuels and fluids con-
tained in the operating systems of a vehicle registered under the
Highway Traffic Act and not being transported as cargo. O. Reg.
618/85, s. 20.
21.— (1) Spills of water from reservoirs formed by dams, where
the spills are caused by natural events, are classified as Class IV
spills.
(2) A Class V spill is exempt from Part X of the Act. O. Reg.
618/85, s. 22.
PART VI
INSURERS
23. In this Part, "Corporation" means the Environmental Com-
pensation Corporation. O. Reg. 618/85, s. 23.
24. Insurers who undertake in writing to the Corporation not to
settle claims and not to commence actions in respect of persons to
whom compensation may be paid under subsection 101 (1) or section
109 of the Act, except in accordance with the conditions set out in
this Part, are classified as Class A insurers. O. Reg. 618/85, s. 24.
25.— (1) A Class A insurer is exempt from the application of sub-
sections 101 (10) and (12) and subsections 110 (5) and (7) of the Act
subject to the following conditions:
1. The insurer must include in an action commenced on behalf
of a person referred to in section 24 a claim on behalf of the
person with respect to any matter for which a payment of
compensation has been or may be made by the Treasurer of
Ontario under section 101 or 109 of the Act, as the case
may be.
2. The insurer must give notice of any such action to the Cor-
poration.
3. In prosecuting a claim in respect of which the Treasurer of
Ontario has made a payment under Part X of the Act, the
insurer must protect the interests of the Crown except
where the Crown permits otherwise.
4. The insurer must pay to the Treasurer of Ontario the
amount of any such claim, which has been paid by the Trea-
surer of Ontario, awarded in the action to the extent that
there are proceeds of the action in excess of costs.
5. Where the award of an action includes a recovery for dam-
ages other than for the claim paid by the Treasurer of
Ontario the award shall be proportionately shared with the
Crown to the extent that it has not been apportioned by the
Court.
6. The insurer must not settle any such claim or action without
the consent in writing,
i. where there may be an application under section 101
of the Act, of Her Majesty in right of Ontario, and
ii. where there may be an application under section 103
of the Act, of the Corporation.
(2) A condition in subsection (1) does not apply where,
(a) the Corporation or Her Majesty in right of Ontario, as the
case requires, otherwise consents; or
(b) the insurer repays to the Treasurer of Ontario any payment
under section 101 or 109 of the Act.
(3) The provision of condition 2 in subsection (1) requiring the
insurer to follow the instructions of the Corporation or Her Majesty
in right of Ontario does not apply where the insurer has advised the
Corporation or Her Majesty in right of Ontario, as the case requires,
in writing, that the insurer is unable to continue to prosecute the
672
Reg./Règl. 360
PROTECTION DE L'E^^VIRONNEMENT
Reg./Règl. 362
action on behalf of the Corporation or Her Majesty in right of
Ontario by reason of a conflict of interest or because the insurer has
no further interest in the action. O. Reg. 618/85, s. 25.
Form 1
Environmental Protection Act
ENVIRONMENTAL COMPENSATION CORPORATION
Certificate to Treasurer of Ontario under section 109 of the Act.
The Environmental Compensation Corporation certifies to the Trea-
surer of Ontario that
(complete name and description of
person entitled to compensation sufficient
for completing a cheque)
is entitled to compensation in the amount of $ with respect to
Claim Number
Dated at Toronto, this day of 19
Environment AL Compensation Corporation:
Chair
Secretary
O. Reg. 618/85, Form 1.
REGULATION 361
SULPHUR CONTENT OF FUELS
Dehnitions
1. In this Regulation,
"fuel" includes any fuel used for heating, generating steam or elec-
tricity, or for industrial processes;
"sulphur content" means the amount of sulphur in the fuel as deter-
mined by standard methods of sampling and testing and in the case
of coal shall be determined as organic sulphur. R.R.O. 1980,
Reg. 312, s. 1.
Application
2. This Regulation applies to The Municipality of Metropolitan
Toronto. R.R.O. 1980, Reg. 312, s. 2.
3. Subject to section 4, no person shall use for fuel, or sell or offer
for sale, any fuel referred to in Column 1 of the Schedule if the sulp-
hur content of the fuel is greater than the maximum sulphur content
set opposite thereto in Column 2 of the Schedule. R.R.O. 1980,
Reg. 312, s. 3.
4. A fuel having a higher sulphur content than the maximum sulp-
hur content prescribed for that fuel in the Schedule may be used for
fuel, or sold or offered for sale to a purchaser if the user or purchaser
has applied for and obtained a certificate of approval, under section
8 of the Act, for methods or devices that will result in emissions of
sulphur dioxide no greater than if the fuel contained the sulphur con-
tent prescribed in the Schedule. R.R.O. 1980, Reg. 312, s. 4.
5. Every supplier of fuel.
(a) shall report to the Air Resources Branch of the Ministry the
sulphur content of the fuels supplied by the supplier; and
(b) shall specify to the Air Resources Branch of the Ministry
the source or sources of supply of the fuels supplied,
at such times and in such manner as the Air Resources Branch of the
Ministry specifies. R.R.O. 1980, Reg. 312, s. 5.
6. Every supplier of fuel shall, upon the request of a provincial
officer, provide duplicate samples of any fuel supplied by the
supplier. R.R.O. 1980, Reg. 312, s. 6.
Schedule
Fuel
Column 1
Column 2
Grade or type
of Fuel
Maximum Sulphur
Content
Oil
1
0.5%
2
0.5%
4
1.5%
5
1.5%
6B
1.5%
6C
1.5%
Coal
Bituminous
1.5%
R.R.O. 1980, Reg. 312, Sched.
REGULATION 362
WASTE MANAGEMENT— PCBs
1. In this Regulation,
"hold" includes own, possess and have care or control of and
"holder" has a corresponding meaning;
"PCB" means any monochlorinated or polychlorinated biphenyl or
any mixture of them or any mixture that contains one or more of
them;
"PCB equipment" means equipment designed or manufactured to
operate with PCB liquid or to which PCB liquid was added or
drums and other containers used for the storage of PCB liquid;
"PCB liquid" means,
(a) liquids, other than liquids used or proposed for use for road
oiling, containing PCBs at a concentration of more than
fifty parts per million by weight,
(b) liquids used or proposed for use for road oiling, containing
PCBs at a concentration of more than five parts per million
by weight, and
(c) liquids made contrary to section 6 by diluting liquids
referred to in clause (a) or (b);
"PCB materials" means materials containing PCBs at a concentra-
tion of more than fifty parts per million by weight whether the
material is liquid or not;
"PCB waste" means PCB equipment, PCB liquid or PCB material,
but does not include,
(a) PCB material or PCB equipment after it has been deconta-
minated pursuant to guidelines issued by the Ministry of the
Environment or instructions issued by the Director,
673
Reg./Règl. 362
ENVIRONMENTAL PROTECTION
Reg./Règl. 362
(b) PCB equipment that is,
(i) an electrical capacitor that has never contained over
one kilogram of PCBs,
(ii) electrical, heat transfer or hydraulic equipment or a
vapour diffusion pump that is being put to the use
for which it was originally designed or is being stored
for such use by a person who uses such equipment
for the purpose for which it was originally designed,
or
(iii) machinery or equipment referred to in subclause
(c) (i), or
(c) PCB liquid that,
(i) is at the site of fixed machinery or equipment, the
operation of which is intended to destroy the chemi-
cal structure of PCBs by using the PCBs as a source
of fuel or chlorine for purposes other than the
destruction of PCBs or other wastes and with respect
to which a certificate of approval has been issued
under section 9 of the Act after the 1st day of Janu-
ary, 1981 specifying the manner in which PCB liquid
be processed in the machinery or equipment, or
(ii) is in PCB equipment referred to in subclause (b) (ii).
O. Reg. 11/82, s. 1; O. Reg. 575/84, s. 1.
2. PCB waste is designated as a waste. O. Reg. 1 1/82, s. 2.
3.— (1) Every site containing PCB waste and PCB related waste
but not containing other wastes is classified as a PCB waste disposal
site.
(2) In subsection (1), "PCB related waste" means waste contain-
ing low levels of PCBs or waste arising from a spill or clean up of
PCB liquid or PCB waste. O. Reg. 575/84, s. 2.
4.— (1) Every operator of a waste disposal site shall keep records
of all PCB waste held by the operator after the 15th day of January,
1982.
(2) The records referred to in subsection ( 1 ) shall include,
(a) the methods and times at which the PCB waste is received
and delivered to and from the site; and
(b) where PCB waste is transported to and from the site, the
location from or to which it is transported and the person by
whom it is transported,
with respect to any delivery, receipt or transport of PCB waste after
the 15th day of January, 1982, and,
(c) a description of the nature and quantities of the PCB waste;
(d) the location of the waste disposal site; and
(e) the methods of storage of the PCB waste,
with respect to all PCB wastes at the waste disposal site.
(3) Every operator of a waste disposal site shall report to the
Director the information required to be recorded under subsection
(2),
(a) by telephone immediately, and in writing within three days,
after a PCB waste first comes on the site; and
(b) in writing within thirty days after any other PCB waste is
taken to or from the site.
(4) A record of a PCB waste transfer submitted to the Ministry
under section 23, 24 or 25 of Regulation 347 of Revised Regulations
of Ontario, 1990 satisfies the requirements of clauses (2) (b), (c) and
(d) with respect to the PCB waste referred to in that record.
(5) Two years after an operator of a waste disposal site gives writ-
ten notice to the Director that the operaror has ceased to be a holder
of PCB waste, the operator may dispose of records kept under sub-
section (1).
(6) Subsection (1) does not apply in respect of PCB waste that
has been finally disposed of by burial before the 1st day of January,
1981. O. Reg. 11/82, s. 4.
5.— (1) A PCB waste disposal site is exempt from sections 27, 40
and 41 of the Act.
(2) The exemption set out in subsection (1) is subject to the con-
ditions that,
(a) the operator of the site reports to the Director the informa-
tion required to be recorded.under subsection 4 (2);
(b) the operator of the site does not remove or permit to be
removed,
(i) PCB waste containing over fifty litres of PCB liquid
except in accordance with the written instructions of
the Director,
(ii) any other PCB waste except,
(A) in accordance with written instructions of the
Director, or
(B) to a waste management system or waste dis-
posal site for which a certificate of approval
has been issued after the 1st day of January,
1981 containing terms specifying the manner
in which PCB waste may be stored, handled,
treated, collected, transported, processed or
disposed of;
(c) where there is any PCB liquid in electrical equipment or
other container on the site, the operator of the site not
remove the liquid from the container except,
(i) to transfer liquid from a leaking container upon noti-
fying the Director of the transfer, or
(ii) pursuant to instructions of the Director; and
(d) no certificate of approval or provisional certificate of
approval has been issued with respect to the site after the
1st day of January, 1981, specifying the manner in which
PCB waste may be stored, handled, treated, collected,
transported, processed or disposed of. O. Reg. 11/82,
s. 5.
(3) In respect of a PCB waste disposal site that is offered for sale
or lease or the possession of which is otherwise offered, the exemp-
tion set out in subsection (1) is subject to the conditions that,
(a) the person offering to sell, lease or otherwise give posses-
sion notifies, in writing,
(i) the prospective purchaser, tenant or person taking
possession, of the existence of the site and the
requirements, in law, concerning the site, and
(ii) the Director, of the sale, lease or change in posses-
sion; and
(b) where a sale, lease or change of possession occurs, the pur-
chaser, tenant or person taking possession notifies, in writ-
674
Reg./Règl. 362
PROTECTION DE L'ENVIRONNEMENT
Reg./Règl. 362
ing, the Director, within ten days after the sale, lease or
change of possession, of,
(i) the location of the site, and
(ii) the nature and quantity of PCB waste. O. Reg.
575/84, s. 3.
7. Every person storing PCB waste shall ensure that the PCB
waste is in a safe and secure location so as to prevent PCB waste
coming into contact with any person and so that any liquid containing
PCBs that may escape can be readily recovered and will not dis-
charge, directly or indirectly, into a watercourse or groundwater.
O. Reg. 11/82, s. 7.
6. No person shall dispose of, decontaminate or otherwise man-
age PCB waste or dilute PCB waste that is in the form of a liquid
except,
(a) in or to a waste management system operating under a cer-
tificate of approval issued after the 1st day of January, 1981
containing terms specifying the manner in which PCB waste
may be stored, handled, treated, collected, transported,
processed, diluted or disposed of; or
(b) in accordance with written instructions of the Director.
O. Reg. 11/82, s. 6; O. Reg. 575/84, s. 4.
8. No person shall have at a waste disposal site PCB wastes
received by the person after the 15th day of January, 1982 unless.
(a) the PCB waste was delivered to the waste disposal site
under written instructions of the Director; or
(b) the waste disposal site is operated under a certificate of
approval containing a condition referring to this section and
specifying the circumstances under which PCB waste may
be accepted at the waste disposal site. O. Reg. 1 1/82, s. 8.
675
Reg./Règl. 363
Reg./Règl. 363
Expropriations Act
Loi sur l 'expropriation
REGULATION 363
FORMS
1.— (1) An application for approval to expropriate land shall be in
Form 1.
(2) A notice of application for approval to expropriate land
served and published by an expropriating authority under subsection
6 (1) of the Act shall be in Form 2.
(3) A notice of a hearing served under subsection 7 (3) of the Act
shall be in Form 3.
(4) A notice indicating the grounds on which an expropriating
authority intends to rely at a hearing and served by it under subsec-
tion 7 (4) of the Act shall be in Form 4.
(5) A certificate of approval of the approving authority under
subsection 8 (3) of the Act shall be in Form 5 or, if endorsed on a
plan of the land intended for registration under section 9 of the Act,
shall be in Form 6.
(6) A notice of expropriation of land served by an expropriating
authority under subsection 10 (1) of the Act shall be in Form 7 and
the expropriating authority shall, with each such service, furnish the
person so served with a notice of election in Form 8.
(7) A notice of requirement of possession served by an expropri-
ating authority under subsection 39 (1) of the Act shall be in Form 9.
(8) A notice of abandonment of land under subsection 41 (1) of
the Act shall be in Form 10.
(9) A declaration of abandonment under subsection 41 (2) of the
Act shall,
(a) where the abandoned land is registered under the Registry
Act, be in Form 11; and
(b) where the abandoned land is registered under the iMnd
Titles Act, be in Form 12. R.R.O. 1980, Reg. 315, s. 1.
Form 1
Expropriations Act
APPLICATION FOR APPROVAL TO EXPROPRIATE LAND
To:
(approving authority)
(address)
In The Matter Of the proposed expropriation of land by
(name of expropriating authority)
being (part, parts of) Lot
Con
Registered Plan
in the
(name of local municipality)
in the County of ...
District of
for the purpose of
(description of project or work)
Application Is Hereby Made for approval to expropriate the
land described as follows:
(by reference to attached plan) or (by metes and
bounds) or (any clear description)
Dated at , this
. day of
,19.
(name of expropriating authority)
(signature of officer or agent of
expropriating authority)
R.R.O. 1980, Reg. 315, Form 1.
Form!
Expropriations Act
NOTICE OF APPLICATION FOR APPROVAL TO
EXPROPRIATE LAND
In The Matter Of an application by
(expropriating authority)
for approval to expropriate land being (part, parts of) Lot .
Con
Registered Plan ,
in the ,
(name of local municipality)
in the County of .
District of
for the purposes of
(description of project or work)
677
Reg./Règl. 363
EXPROPRIATIONS
Reg./Règl. 363
Notice Is Hereby Given that application has been made for
approval to expropriate the land described as follows:
District of
for the purpose of
(description of project or work)
Any owner of lands in respect of which notice is given who desires an
inquiry into whether the taking of such land is fair, sound and rea-
sonably necessary in the achievement of the objectives of the expro-
priating authority shall so notify the approving authority in writing,
(a) in the case of a registered owner, served personally or by
registered mail within thirty days after the registered owner
is served with the notice, or, when the registered owner is
served by publication, within thirty days after the publica-
tion of the notice;
(b) in the case of an owner who is not a registered owner,
within thirty days after the first publication of the notice.
The approving authority is
(name of approving authority)
Take Notice that the
(day)
day of ,19 at the hour of
(month)
o'clock in the noon at
(location)
(address)
has been fixed as the time and place for a hearing to determine
whether the taking of the land is fair, sound and reasonably neces-
sary in the achievement of the objectives of the expropriating author-
ity.
Dated at , this
, day of
., 19..
(address)
(name of office or authority giving notice)
(name of expropriating authority)
(address)
(signature of officer or agent
of expropriating authority)
(Where this notice is published, the following shall appear in each
publication: "This notice first published on the day of ,
19 ".)
R.R.O. 1980, Reg. 315, Form 2.
Form 3
Expropriations A ct
NOTICE OF HEARING
To:
(party to inquiry)
(address)
In The Matter Of the proposed expropriation of land by
(name of expropriating authority)
being (part, parts of) Lot
Con
Registered Plan
in the
(name of local municipality)
(signature of officer or agent)
R.R.O. 1980, Reg. 315, Form 3.
Form 4
Expropriations Act
NOTICE OF GROUNDS
To:
(party to inquiry)
(address)
In The Matter Of the proposed expropriation of land by
(name of expropriating authority)
being (part, parts of) Lot
Con
Registered Plan
in the
(name of local municipality)
in the County of ...
District of
for the purpose of
(description of project or work)
in the County of .
678
Reg./Règl. 363
EXPROPRIATION
Reg./Règl. 363
And In The Matter Of a hearing fixed for
(day)
the day of
... , 19 at the hour of
(month)
o'clock in the noon at
(location)
(address)
Notice Is Hereby Given that
(expropriating authority)
intends to rely at the hearing on the following grounds:
The documents, maps and plans intended to be used at the hearing
are available and may be inspected by you or your representative
between the hours of a.m. and p.m. on any day of the week
except Saturday and Sunday at the following location (s):
Dated at , this
. day of ,
., 19.
(name of expropriating authority)
(signature of officer or agent
of expropriating authority)
R.R.O. 1980, Reg. 315, Form 4.
Form 5
Expropriations Act
CERTIFICATE OF APPROVAL
In The Matter Of an application by
(name of expropriating authority)
for approval to expropriate land being (part, parts of) Lot
Con
Registered Plan
in the
(name of local municipality)
in the County of ...
District of
for the purpose of
(description of project or work)
The hereby certifies
(name of approving authority)
that approval was given to .
authority)
(name of expropriating
on the day of
,19 to expropriate the following lands:
being the lands described in the application (with modifications),
(name of approving authority)
(signature of approving authority)
, this day of , 19
R.R.O. 1980, Reg. 315, Form 5.
Formé
Expropriations Act
Dated at
CERTIFICATE OF APPROVAL
(on Expropriation Plan)
The .
(name of approving authority)
certifies that approval was given to
hereby
(name of
expropriating authority)
the day of , 19
to expropriate the lands shown (Insert: "within the heavy outline" or
"designated as Parts Nos " or as the case may be) on
this plan.
(signature of approving authority)
(name of approving authority)
Dated at , this day of , 19
R.R.O. 1980, Reg. 315 Form 6.
Form?
Expropriations Act
NOTICE OF EXPROPRIATION
To:
(name of owner)
(address)
679
Reg./Règl. 363
EXPROPRIATIONS
Reg./Règl. 363
Take Notice That:
1. The lands shown on a plan registered in the
are set out as follows: (set out provisions)
Dated at , this day of .
,19.
(name of proper land registry office)
on the day of
(name of expropriating authority)
.,19.,
as No have been expropriated and are now vested in the
expropriating authority.
2. The name and address of the expropriating authority for ser-
vice and further communication is:
(name)
(address)
3. Attached hereto is a copy of the relevant portion of the plan
of expropriation of your land (or a description thereof).
4. Under the Act you may elect, by notice in writing served
upon the expropriating authority within thirty days after the
service of this notice upon you, to have the compensation to
which you are entitled assessed,
(a) where there has been an inquiry, as of the date the notice of
hearing before the inquiry officer was served;
(b) as of the date of the registration of the plan; or
(c) as of the date on which you were served with this notice,
and, where the election is not made within the prescribed
time, you shall be deemed to have elected to have the com-
pensation assessed as of the date of the registration of the
plan.
5. For your convenience a copy of a Notice of Election is fur-
nished herewith.
6. Under the Act, the expropriating authority will be notifying
you of the amount of compensation it is willing to pay you for
your interest in the land.
7. If you are not satisfied with the offer you are entitled to have
the compensation negotiated by the board of negotiation
established under the Act by applying to the board at
(address)
or to have the compensation determined by the Ontario
Municipal Board if agreement with respect to compensation
cannot be reached by negotiation.
8. Despite paragraph 7, you may by agreement with the expro-
priating authority dispense with the negotiation procedures
and refer the matter directly to the Ontario Municipal Board
at
(address)
to have the compensation determined by arbitration.
9. For your information and convenience, certain provisions of
the Act that apply to,
(a) negotiation and arbitration procedures; and
(b) the payment of your legal and appraisal costs.
(signature of officer or agent
of expropriating authority)
(Where this notice is published, the following shall appear in each
publication: "This notice first published on the day of
19.
R.R.O. 1980, Reg. 315, Form 7, revised.
Forms
Expropriations Act
NOTICE OF ELECTION
To:
(name of expropriating authority)
I/We being the registered owner(s) of land expropriated by
(name of expropriating authority)
and described on a plan of expropriation registered on the
day of , 19 as No
in the
(name of land registry office)
hereby elect to have the compensation
to which I/we am/are entitled assessed,
D (a) where there has been an inquiry, as of the date the notice of
hearing before the inquiry officer was served;
n (b) as of the date of the registration of the plan; or
D (c) as of the date on which I/we was/were served with the
notice of expropriation.
(Check appropriate box)
(signature of registered owner(s))
R.R.O. 1980, Reg. 315, Form 8.
Form 9
Expropriations Act
NOTICE OF POSSESSION
To:
(registered owner)
Take Notice:
1. That requires
(expropriating authority)
possession on the day of ,
680
Reg./Règl. 363
EXPROPRIATION
Reg./Règl. 363
19 of the lands expropriated from you and defined on the
planof expropriation registered on the day of
, 19 as No
in the Land Registry Office for the Registry (Land Titles)
Division of
That you or the expropriating authority may upon such notice
as the judge directs, apply to a judge for an adjustment of the
date for possession specified in this notice, and the judge, if
he or she considers that under all the circumstances the appli-
cation should be granted, may order that the date for posses-
sion shall be on such earlier or later date as is specified in the
order.
Dated at .this
. day of .
., 19.
(name of expropriating authority)
(signature of officer or agent
of expropriating authority)
R.R.O. 1980, Reg. 315, Form 9.
Form 10
Expropriations Act
NOTICE OF ABANDONMENT OF LAND
Dated at , this
, day of .
19.,
(name of expropriating authority)
(signature of officer or agent
of expropriating authority)
Note: Where an expropriating authority proposes the abandonment
of expropriated land, a part thereof or an estate or interest
therein, it is required by subsection 41 (1) of the Expropriations
Act, to notify each owner of the abandoned land, or estate or
interest, who is served or entitled to be served with the notice of
expropriation, who may, by election in writing,
(a) take the land, estate or interest back, in which case the
owner has the right to compensation for consequential dam-
ages; or
(b) require the expropriating authority to retain the land, estate
or interest, in which case the owner has the right to full
compensation therefor. R.R.O. 1980, Reg. 315, Form 10.
Form 11
EJcpropriations Act
DECLARATION OF ABANDONMENT
To the Land Registrar for the Registry Division of
In The Matter Of
in the
(lot, concession, registered plan, etc.)
(local municipality)
To:
(name of former owner)
In The Matter Of land expropriated by
(county or district)
And In The Matter Of the abandonment of (a limited interest in)
land expropriated by
(expropriating authority)
shown on a plan registered in the Land Registry Office for the
Registry (Land Titles) Division of
on the day of , 19
as No
Take Notice that
(name of expropriating authority)
proposes to abandon (if the abandonment contemplates retention of
a limited interest in the land, state nature of interest being aban-
doned)
(expropriating authority)
and shown on a plan registered in the Land Registry Office for the
Registry Division of
on the day of
, 19 as No
Whereas compensation for the herein described
expropriated lands has not been paid in full;
Strike out if not AND WHEREAS it has been found that (part of) the
applicable expropriated land is unnecessary for the purposes
of the
(expropriating authority)
in the above-mentioned land described as follows:
Strike out if not AND WHEREAS it has been found that a more lim-
appiicable jted estate or interest in the expropriated land only
is required by the .
(expropriating authority)
And Whereas all the owners entitled to be noti-
681
Reg./Règl. 363
EXPROPRIATIONS
Reg./Règl. 364
fied of the abandonment have elected in writing to
take back the expropriated land;
Strike out if not And WHEREAS it has been found that (part of) the
NowTherefore the
(expropriating authority)
hereby declares that the land described as follows:
is abandoned. (Where applicable, describe the
more limited estate or interest to be retained by the
expropriating authority.)
Dated at .this day of , 19.
(name of expropriating authority)
(signature of expropriating authority)
Note: This form is to be used where the land affected thereby is reg-
istered under the Registry Act.
R.R.O. 1980, Reg. 315, Form 11.
Form 12
Expropriations A ct
DECLARATION OF ABANDONMENT
To the Land Registrar at
In The Matter Of Parcel(s) in the
Register for
being
in the
(lot, concession, registered plan, etc.)
(local municipality)
(county or district)
And In The Matter Of the abandonment of (a limited interest in)
land expropriated by
(expropriating authority)
and shown on a plan registered in the Land Registry Office for the
Land Titles Division of on the
day of ,19 as No
Whereas compensation for the herein described
expropriated lands has not been paid in full;
applicable
Strike out if not
applicable
expropriated land is unnecessary for the purposes
of the
(expropriating authority)
or
And Whereas it has been found that a more lim-
ited estate or interest in the expropriated land only
is required by the .
(expropriating authority)
And Whereas all the owners entitled to be noti-
fied of the abandonment have elected in writing to
take back the expropriated land;
NowTherefore, the
(expropriating authority)
hereby declares that the land described as follows:
is abandoned. (Where applicable, describe the
more limited estate or interest to be retained by the
expropriating authority.)
Dated at , this
day of
(name of expropriating authority)
19.,
(signature of expropriating authority)
Note: This form is to be used where the land affected thereby is reg-
istered under the iMnd Titles Act.
R.R.O. 1980, Reg. 315, Form 12.
REGULATION 364
RULES TO BE APPLIED FOR THE PURPOSES OF
SUBSECTION 32 (1) OF THE ACT
1.— (1) The amount of legal, appraisal and other costs shall be in
the discretion of the assessment officer to be determined quantum
meruit and in assessing, the officer may reduce the amount of, or dis-
allow, any item of cost upon the ground that the same was not rea-
sonable in amount or was not reasonably incurred.
(2) Subject to subsection (1), legal costs shall be assessed,
quantum meruit, by the assessment officer as on an assessment of
costs as between a solicitor and his or her own client. R.R.O. 1980,
Reg. 317, s. 1.
682
Reg./Règl. 365
Reg./Règl. 365
Extra-Provincial Corporations Act
Loi sur les personnes morales extraprovinciales
REGULATION 365
GENERAL
Names
1. Sections 2 to 7 apply only to corporations within class 1 and
class 3. O. Reg. 43/85, s. 1.
2.— (1) For the purposes of clause 10 (1) (b) of the Act,
use of that name would be likely to deceive" includes.
'if the
(a) a name that is likely to cause a person or class of persons
who ordinarily might be expected to deal with either the
extra-provincial corporation or another person to believe
that the business, undertaking or activities carried on or
intended to be carried on by the extra-provincial corpora-
tion under the name and the business, undertaking or activ-
ities carried on by that other person are one business, one
undertaking or one activity, whether or not the nature of
the business, undertaking or activity of the extra-provincial
corporation and the other person is generally the same;
(b) a name that is likely to cause a person or a class of persons
who ordinarily might be expected to deal with either the
extra-provincial corporation or another person to believe
that the extra-provincial corporation bearing the name or
proposed name is or would be associated or afTiliated with
such other person if the extra-provincial corporation and
such person are not or will not be associated or affiliated; or
(c) a name that is so similar to that of a person that it is likely to
cause someone who had an interest in dealing or reason to
deal with the person to deal with the extra-provincial corpo-
ration bearing the name in the belief that he or she was
dealing with the person. O. Reg. 43/85, s. 2 (1).
(2) For the purposes of subsection (1),
"person" means a known body corporate, trust, association, partner-
ship, sole proprietorship or individual, whether in existence or not,
and includes the known name or known trademark under which
any of them carry on business or identify themselves;
"use" means actual use by a person that carries on business or an
undertaking in Canada or elsewhere. O. Reg. 43/85, s. 2 (2),
revised.
3. An extra-provincial corporation shall not use or identify itself
by a name in Ontario that contains any word or expression or abbre-
viation thereof in any language,
(a) that is obscene or connotes a business, undertaking or activ-
ity that is scandalous, obscene or immoral or that is other-
wise objectionable on public grounds;
(b) that describes in a misleading manner the business, under-
taking or activity in association with which the name is pro-
posed to be used; or
(c) the use of which is prohibited or restricted under an Act or
regulation of the Parliament of Canada or a province or ter-
ritory of Canada, unless the restriction is satisfied.
O. Reg. 43/85, s. 3.
4. An extra-provincial corporation shall not use or identify itself
in Ontario by a name that contains the following words:
1. "Amalgamated" unless the extra-provincial corporation is
an amalgamated corporation resulting from the amalgama-
tion of two or more corporations.
2. "Architect" or "architectural" where the use suggests the
practice of the profession or any variation thereof, except
with the written consent of the Council of the Ontario
Association of Architects.
3. "Condominium" or any abbreviation or derivation thereof.
4. "Co-operative" or any abbreviation or derivation thereof,
except with the written consent of the Minister under the
Co-operative Corporations Act.
5. "Engineer" or "engineering" or any variation thereof,
except with the consent in writing of the Association of Pro-
fessional Engineers of the Province of Ontario.
6. "Housing" unless the extra-provincial corporation is spon-
sored by or connected with the Government of Canada, the
Government of Ontario or a municipal government in
Ontario.
7. "Royal" where the use suggests that the extra-provincial
corporation is sponsored by or connected with the Crown,
except with the written consent of the Crown through the
Secretary of State. O. Reg. 43/85, s. 4.
5. No word or expression that suggests that an extra-provincial
corporation,
(a) is connected with the Government of Canada, the govern-
ment of a province or a territory of Canada or a municipal
government or any department, ministry, branch, bureau,
service, board, agency, commission or activity of any of
them; or
(b) is sponsored or controlled by or is associated or affiliated
with a university or an association of accountants, archi-
tects, engineers, lawyers, physicians, surgeons or any other
professional association recognized by the laws of Canada
or a province or territory of Canada,
shall be used by an extra-provincial corporation in its name without
the consent in writing of the appropriate person referred to in clause
(a) or (b). O. Reg. 43/85, s. 5.
Licences
6.— (1) Where an extra-provincial corporation within class 3
applies for an extra-provincial licence, the following documents shall
accompany the application:
1. An original Ontario biased or weighted computer printed
search report from the automated name search system
owned by the Department of Consumer and Corporate
Affairs, Canada, dated not more than ninety days prior to
the submission of the application.
2. A certificate of status, signed by an official of the governing
jurisdiction who is authorized to so certify, setting out.
683
Reg./Règl. 365
EXTRA-PROVINCIAL CORPORATIONS
Reg./Règl. 365
(i) the name of the extra-provincial corporation,
(ii) the date of its incorporation or amalgamation,
(iii) the jurisdiction to which the corporation is subject,
and
(iv) that the corporation is a valid and subsisting corpora-
tion.
3. An appointment of an agent for service in Form 2 duly exe-
cuted by the corporation.
(2) Where the Director is not satisfied on the basis of the material
filed with him or her under subsection (1) that the extra-provincial
corporation is a valid and subsisting corporation in the jurisdiction in
which it purports to be incorporated, the extra-provincial corpora-
tion shall provide the Director with a legal opinion in writing from a
lawyer authorized to practice in that jurisdiction that the extra-pro-
vincial corporation is a valid and subsisting corporation in that juris-
diction.
(3) No name that is identified in an Ontario biased or weighted
computer printed search report as "proposed" shall be used by an
extra-provincial corporation unless a consent in writing is obtained
from the person who first proposed the name. O. Reg. 43/85, s. 6.
7. Where an extra-provincial corporation within class 3 applies
for an amended extra-provincial licence, the application shall be
accompanied by the documents referred to in section 6 that are rele-
vant to the application. O. Reg. 43/85, s. 7.
Delegation of Duties
8. The Deputy Director, the Senior Legal Officer, the Controller
of Records, any Assistant Controller of Records, the Manager of the
Examination and Notice Section, the Chief Examiner or any Exam-
iner of the Companies Branch of the Ministry may sign or endorse
any licence or certificate required or authorized by the Act.
0. Reg. 43/85, s. 8.
9. An application for an extra-provincial licence shall be in Form
1. O. Reg. 43/85, s. 9.
10. An appointment of agent for service or a revised appointment
of agent for service shall be in Form 2. O. Reg. 43/85, s. 10.
11. An application for an amendment to an extra-provincial
licence shall be in Form 3. O. Reg. 43/85, s. 1 1 .
12. An application for termination of an extra-provincial licence
shall be in Form 4. O. Reg. 43/85, s. 12.
Fees
13.— (1) Except as provided in subsection (2), the fees set out in
the Schedule shall be paid to the Treasurer of Ontario. O. Reg.
43/85, s. 13(1).
(2) No fee is payable in respect of a search under paragraph 3 of
the Schedule or in respect of a copy of a document under paragraph
4 of the Schedule by,
(a) any ministry of the Government of Ontario or any agency,
board or commission thereof;
(b) a ministry or department of the Government of Canada or
of a territory or another province of Canada that has recip-
rocal arrangements or an agency, board or commission of
any of them; or
(c) the police department, fire department or any licensing
agency of a municipality in Ontario. O. Reg. 43/85,
s. 13 (2);0. Reg. 361/89, s. 1.
Refunds
14. Where a fee is paid on delivery of an application under the
Act and the application is abandoned, refused or withdrawn, the sum
of $100 shall be retained and the balance of the fee remaining, if any,
repaid to the person who paid it or the legal representative of the
person. O. Reg. 456/88, s. 1.
Exemptions
15. The following classes of extra-provincial corporations are
exempt from the Act:
1. Corporations licensed or registered under the Insurance
Act, the Investment Contracts Act or the Loan and Trust
Corporations Act.
2. Corporations incorporated for the purpose of operating,
(i) a banking business or the business of a savings bank;
(ii) a railway;
(iii) the business of a telegraph company;
(iv) the business of an express company over a railway;
or
(v) the business of leasing or hiring sleeping or parlour
or dining cars run upon a railway.
3. Corporations engaged in the brewing, distilling or the mak-
ing of wine that are licensed under the Liquor Licence Act.
4. Corporations not having a gain for any of their objects.
O. Reg. 43/85, s. 15.
Schedule
Fees
1. Upon application by an extra-provincial corpo-
ration for a licence
2. Upon application by an extra-provincial corpo-
ration for an amended extra-provincial licence ..
3. For a search requested in person or by letter to
determine if documents are on file with the
Director under the Act or a predecessor of it,
including purchase of a diazo or microfilm copy
of the contents of the documents, if any, for
each corporation
4. For copies of documents on file under the Act or
a predecessor of it
$270.00
105.00
6.00
.60
per page,
with a
minimum
fee of $6
in respect
of each
corpora-
tion
5. For each copy of the first page of each document
filed or issued under the Act during a specified
day or days where requested in advance and no
search is required
6. For certification of a diazo, microfilm or paper
copy of letters patent, supplementary letters pat-
ent, orders or other documents on file under the
Act or a predecessor of it, for each corporation
searched
0.60
21.00
684
Reg./Règl. 365 PERSONNES MORALES EXTRAPROVINCIALES Reg./Règl. 365
7. For a certificate, for each corporation $2L0O
O. Reg. 363/90, s. l.
Ontario Corporation Number
Form 1
Extra-Provincial Corporations Act
APPLICATION FOR EXTRA-PROVINCIAL LICENCE
1. The name of the corporation is:
2. Business name or style, other than the corporate name, under which the corporation is to be Mcensed in Ontario, if any (if none, state so):
3. Jurisdiction to which subject: 4. Date of incorporation/amalgamation:
(Name of Province, State or Country) (day month year)
5. Full address of the head or registered office:
(Street & Number or R.R. Number & if Multi-Office Building give Room No.)
(Name of Municipality or Post Office) (Postal Code)
(Name of Province, State or Country)
6. The corporation has been authorized to make this application by a resolution passed by the directors of the corporation at a meeting held
on:
(day month year)
7. Full address (including postal code) of the principal office or chief place of business in Ontario, if determined (if none, state so):
(Street & Number or R.R. Number & if Multi-Office Building give Room No.)
(Name of Municipality or Post Office) (Postal Code)
8. Chief officer or manager in Ontario, if determined (if none, state so):
Name in full including all given
names
Residence address giving Street & No. or R.R. No. &
Municipality or Post Office and Postal Code
9. The business that the corporation intends to carry on in Ontario is:
685
Reg./Règl. 365 EXTRA-PROVINCIAL CORPORATIONS Reg./Règl. 365
10. The corporate existence of the corporation is not limited in any way by statute or otherwise and the corporation is a valid and subsisting
corporation.
1 1 . The corporation has capacity to carry on business in Ontario.
12. The corporation has capacity to hold land without any conditions or limitations.
13. The corporation hereby acknowledges that upon the licence being issued, the corporation shall be subject to the Extra-Provincial Corpo-
rations Act, the Corporations Information Act , the Corporations Tax Act and to such further and other legislative provisions as the Legis-
lature of Ontario may deem expedient in order to secure the due management of the corporation's affairs and the protection of its credi-
tors within Ontario.
This application is executed in duplicate.
(Name of Corporation)
(Corporate Seal)
By:
(Signature and Description of Office)
O. Reg. 43/85, Form 1.
Ontario Corporation Number
Form 2
Extra-Provincial Corporations Act
Check the 1^ D APPOINTMENT OF AGENT
appropriate box FOR SERVICE OR
n REVISED APPOINTMENT OF AGENT
FOR SERVICE OR
(Name of appointing corporation)
(hereinafter called the "Corporation") hereby nominates,
constitutes and appoints
(Name of agent giving first name, initials and surname)
(Business address of the agent, including Street Number, (Postal Code)
Suite or Room Number and Municipality)
its true and lawful agent for service, to act as such and as such to sue and be sued, plead and be impleaded in any court in Ontario and generally
on behalf of the corporation within Ontario to accept service of process and to receive all lawful notices and, for the purposes of the corporation,
to do all acts and to execute all deeds and other instruments relating to the matters within the scope of this appointment. Until due lawful notice
of the appointment of another and subsequent agent has been given to and accepted by the Director under the Extra-Provincial Corporations
Act, service of process or of papers and notices upon the said agent for service shall be accepted by the corporation as sufficient service.
Dated '.
(day month year)
(Name of Corporation)
BY:
(Signature) (Description of Office)
(Corporate Seal)
(Signature) (Description of Office)
686
Reg./Règl. 365 PERSONNES MORALES EXTRAPROVINCIALES Reg./Règl. 365
CONSENT TO ACT AS AGENT FOR SERVICE
of
(Name of Agent in full) (Business address including Street Number)
, Ontario, hereby consent to act
(Suite or Room Number and Municipality)
as the agent for service in the Province of Ontario of
(Name of Corporation)
pursuant to the appointment executed by the said corporation on the .
day of ,19 , authorizing me to accept service of
process and notices on its behalf.
Dated
(day month year)
(Signature of witness) (Signature of the consenting person
or corjwration)
O. Reg. 43/85, Form 2.
Ontario Corporation Number
Form 3
Extra-Provincial Corporations Act
APPLICATION FOR AMENDED EXTRA-PROVINCIAL LICENCE
1. The name of the corporation that is currently licensed in Ontario:
2. Name, other than the corporate name, under which the corporation is currently licensed to carry on business in Ontario, if different from
above:
3. Jurisdiction to which subject: 4. Date of incorporation/amalgamation:
(Name of Province, State or Country) (day month year)
5. Date of the original extra-provincial licence:
(day month year)
6. The name of the corporation has been changed in its home jurisdiction to:
and the corporation requests that it be permitted to use this name in Ontario.
I 687
Reg./Règl. 365 EXTRA-PROVINCIAL CORPORATIONS Reg./Règl. 365
7. The corporation requests amendments to its extra-provincial licence as follows:
8. The corporation has been authorized to make this application by a resolution passed by the directors of the corporation on
(day month year)
This application is executed in duplicate.
(Name of Corporation)
(Corporate Seal)
BY:
(Signature) (Description of Office)
O. Reg. 43/85, Form 3.
Ontario Corporation Number
Form 4
ILxtra-Provincial Corporations Act
APPLICATION FOR TERMINATION OF EXTRA-PROVINCIAL LICENCE
1. Name of corporation: .
2. Business name or style, other than the corporate name, under which the corporation is licensed in Ontario, if any (if none, state so):
3. Jurisdiction to which subject: 4. Date of incorporation/amalgamation:
(Name of Province, State or Country) (day month year)
5. The corporation has ceased to carry on business in Ontario within the meaning of the Extra-Provincial Corporations Act on
(day month year)
5. The corporation therefore requests that the extra-provincial licence and any amended extra-provincial licence obtained by the corporation
be terminated.
(Name of Corporation)
(Corporate Seal)
BY:
(Signature) (Description of Office)
O. Reg. 43/85, Form 4.
688
Reg./Règl. 366
Reg./Règl. 366
Family Benefits Act
Loi sur les prestations familiales
REGULATION 366
GENERAL
1.— (1) In this Regulation,
"energy for heat" means any energy source used for heating a dwell-
ing;
"liquid assets" means cash, bonds, stocks, debentures, an interest in
real property, a beneficial interest in assets held in trust and avail-
able to be used for maintenance, and any other assets that can be
readily converted into cash, but does not include,
(a) the amount remaining to be paid to an applicant, recipient
or beneficiary, as the case may be, under a mortgage or
agreement for sale,
(b) the cash surrender value of a life insurance policy,
(c) that portion of the sale price of an applicant's or recipient's
real property that is applied or, where the Director
approves, that will be applied to the purchase price of a
principal residence of the applicant or recipient,
(d) in the calendar year in which it is received, any payment
received by a recipient as a child tax credit by reason of the
application of section 122.2 of the Income Tax Act
(Canada),
(e) in the academic year for which it is intended,
(i) any loan received by a student under section 3 of the
Student Loans, Canada Act,
(ii) any loan received by a student under section 8 of the
Ministry of Colleges and Universities Act,
(iii) any grant received by a student under Regulation
775 of Revised Regulations of Ontario, 1990 made
under the Ministry of Colleges and Universities Act,
or
(iv) any bursary received by a student under Regulation
773 of Revised Regulations of Ontario, 1990 made
under the Ministry of Colleges and Universities Act,
(f) an interest in real property that is,
(i) the subject of an arrangement approved by the
Director in accordance with section 6, or
(ii) used by the applicant or recipient as his or her princi-
pal residence,
(g) a prepaid funeral plan up to a maximum amount deter-
mined by the Director, or
(h) an amount received as damages or compensation for,
(i) pain and suffering, or
(ii) expenses actually and reasonably incurred or to be
incurred as a result of injury to, or the death of, an
applicant or beneficiary,
up to a maximum amount of $25,000;
"married person'^ means an adult person other than a single person;
"single person" means an adult person who is a widow or widower or
who is unmarried, deserted, separated or divorced and who is not
living with his or her spouse;
"spouse" means,
(a) a person of the opposite sex to an applicant or recipient
who together with the applicant or recipient have declared
to the Director or a welfare administrator appointed under
section 4 of the General Welfare Assistance Act that they are
spouses,
(b) a person who is required under the provisions of a court
order or domestic contract to support the applicant, recipi-
ent or any of his or her dependent children,
(c) a person who has an obligation to support the applicant,
recipient or any of his or her dependent children under sec-
tion 30 or 31 of the Family Law Act despite a domestic con-
tract or other agreement between the person and the appli-
cant or recipient whereby they purport to waive or release
such obligation to support, or
(d) a person of the opposite sex to the applicant or recipient
who has resided continuously with the applicant or recipient
for a period of not less than three years. R.R.O. 1980,
Reg. 318, s. 1 (1); O. Reg. 654/82, s. 1; O. Reg. 847/82,
s. 1; O. Reg. 709/84, s. I; O. Reg. 825/84, s. I; O. Reg.
396/86, s. 1 (1); O. Reg. 638/86, s. 1 (1); O. Reg. 589/87,
s. 1 (1);0. Reg. 548/88, s. I.
(2) In determining whether or not a person is a spouse within the
meaning of this Regulation, sexual factors shall not be investigated
or considered. O. Reg. 638/86, s. 1 (2).
(3) Clause (d) of the definition of "spouse" in subsection ( 1 ) does
not apply to a person who has resided continuously for a period of
not less than three years with the applicant or recipient and the appli-
cant or recipient provides evidence to the Director that the eco-
nomic, social and familial aspects of the relationship between the
person and the applicant or recipient were such that the continuous
residing did not amount to cohabitation. O. Reg. 589/87, s. 1 (2).
(4) For the purpose of the definition of "dependent child" in sec-
tion 1 of the Act, the following are classes of educational institutions:
1. Elementary schools, secondary schools and schools for
trainable retarded children under the Education Act.
2. Private schools operated in accordance with section 16 of
the Education Act.
3. Schools for the blind and schools for the deaf under the
Education Act.
4. Any school or institution that is,
i. designated by the Lieutenant Governor in Council as
a specified educational institution for the purposes of
the Student Loans, Canada Act, or
ii. an eligible institution under Regulation 774 of
Revised Regulations of Ontario, 1990. O. Reg.
360/83, s. I; O. Reg. 396/86, s. 1 (2).
(5) For the purposes of the Act and this Regulation,
"blind person" means a person with visual acuity in both eyes that
with proper refractive lenses is 20/200 (6/60) or less with Snellen
689
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FAMILY BENEFITS
Reg./Règl. 366
chart or equivalent, or a person having the greatest diameter of the
field of vision in both eyes of less than twenty degrees, where the
diameter of the field of vision is determined by the use of,
(a) a tangent screen at a distance of one metre using a ten milli-
metre white test object, or
(b) a perimeter at a distance of one-third of a metre using a
three millimetre white test object;
"disabled person" means a person who has a major physical or men-
tal impairment that is likely to continue for a prolonged period of
time and who, as a result thereof, is severely limited in activities
pertaining to normal living, as verified by objective medical find-
ings accepted by the medical advisory board;
"permanently unemployable person" means a person who is unable
to engage in remunerative employment for a prolonged period of
time as verified by objective medical findings accepted by the med-
ical advisory board;
"person in need" means a person,
(a) whose budgetary requirements determined under section 12
or 31, as the case may be, and section 41 exceed his or her
income determined under section 13, and
(b) who is not otherwise made ineligible for a benefit under the
Act or this Regulation. R.R.O. 1980, Reg. 318, s. 1 (3);
O. Reg. 459/82, s. 1; O. Reg. 589/87, s. 1 (3).
2.— (1) The spouse of a recipient of a pension under the Old Age
Security Act (Canada) is, subject to sections 6, 7 and 8, eligible for an
allowance calculated in accordance with section 11, if the spouse,
(a) is a person in need;
(b) is not eligible for an allowance under subsection 7 (1) of the
Act or under subsections (3), (4) or (5) of this section or for
a pension under the Old Age Security Act (Canada);
(c) has attained the age of sixty years;
(d) is living,
(i) with the recipient,
(ii) apart from the recipient, where the recipient is a
patient in an institution under the Mental Hospitals
Act, a chronically ill person in a hospital under the
Public Hospitals Act, a resident in a nursing home
under the Nursing Homes Act or a resident in a
home for the aged under the Homes for the Aged
and Rest Homes Act or the Charitable Institutions
Act and has been a patient or resident therein, as the
case may be, for a continuous period of six months
or more, or
(iii) apart from the recipient, where the recipient is
imprisoned in a penal institution and at the date of
application has a term of imprisonment remaining to
be served of six months or more; and
(e) has liquid assets that together with those of the recipient do
not exceed $5,000 in value,
(2) The spouse of a recipient or of a former recipient of an allow-
ance under the Act or a predecessor Act is, subject to sections 6, 7
and 8, eligible for an allowance calculated in accordance with section
11 if the spouse,
(a) is a person in need;
(b) is not eligible for an allowance under subsection 7 (1) of the
Act or under any other subsection of this section;
(c) has attained the age of sixty years or has one or more
dependent children;
(d) is a single person; and
(e) has liquid assets that do not exceed $2,500 in value.
(3) Where a person referred to in subsection (2) has one or more
dependants, the amount of the liquid assets referred to in clause
(2) (e) shall include the value of the liquid assets of the dependent
children and shall be increased by $2,500 for the first dependent child
and $500 for each additional dependent child. O. Reg. 709/84,
s. 2 (1).
(4) Subject to sections 5, 6 and 7, a person is eligible for an allow-
ance calculated in accordance with section 11 if he or she,
(a) is received and lodged as a resident within the meaning of
the Homes for Special Care Act in a home for special care
established, licensed or approved under that Act; or
(b) has attained the age of eighteen years and resides in a facil-
ity designated under the Developmental Services Act,
and the person,
(c) is a person in need;
(d) is not eligible for an allowance under subsection 7 (1) of the
Act or under subsection (1), (3) or (5) of this section; and
(e) has liquid assets not in excess of the amounts set out in sec-
tion 3. R.R.O. 1980, Reg. 318, s. 2 (4); O. Reg. 459/82,
s. 2(1).
(5) A permanently unemployable person is, subject to sections 5,
6 and 7, eligible for an allowance calculated in accordance with sec-
tion 11 if he or she,
(a) is a person in need;
(b) has attained the age of eighteen years;
(c) is not eligible for an allowance under subsection 7(1) of the
Act or under subsection (1), (3), (4) or (6) of this section;
(d) has liquid assets not in excess of the amounts set out in sec-
tion 3; and
(e) is not eligible for a pension under the Old Age Security Act
(Canada). R.R.O. 1980, Reg. 318, s. 2 (5); O. Reg.
459/82, s. 2 (2).
(6) Subject to sections 5 and 7, a person is eligible for an allow-
ance calculated in accordance with section 1 1 if he or she,
(a) is a person in need;
(b) is resident in Ontario;
(c) with the approval of the Director of the Vocational Reha-
bilitation Services Branch of the Ministry of Community
and Social Services, is enrolled in an assessment or training
program established under section 5 of the Vocational
Rehabilitation Services Act;
(d) is not eligible for a pension under the Old Age Security Act
(Canada); and
(e) has liquid assets not in excess of the amounts under section
3. R.R.O. 1980, Reg. 318, s. 2 (6); O. Reg. 459/82,
s. 2 (3); O. Reg. 709/84, s. 2 (2); O. Reg. 396/86, s. 2 (1).
(7) Subject to sections 5 and 7, a person is eligible for an allow-
ance calculated in accordance with section 11 if she,
(a) is a person in need;
(b) is resident in Ontario;
(c) is a mother with a dependent child;
690
Reg./Règl. 366
PRESTATIONS FAMILIALES
Reg./Règl. 366
(d) has been living separate and apart from her husband for
three months or more;
(e) is not eligible for an allowance under subsection 7 (1) of the
Act or under subsection (1), (3), (4), (5) or (6) of this sec-
tion; and
(f) has liquid assets not in excess of the amounts under section
3. R.R.O. 1980, Reg. 318, s. 2 (7); O. Reg. 690/83, s. 1.
(8) A person who is a father of a dependent child, who is a per-
son in need and who is resident in Ontario is eligible for an allowance
and other benefits calculated in accordance with the Act and this
Regulation if,
(a) he has been living separate and apart from his wife for three
months or more^ -
(b) he is a widower;
(c) his wife is a patient in a sanatorium, hospital or similar insti-
tution;
(d) his wife is imprisoned in a penal institution and at the date
of the application has a term of imprisonment remaining to
be served of six months or more;
(e) he is divorced f-om the mother of his dependent children
and has not remarried;
(f) his dependent child was born out of wedlock where the
father is sixteen years or more of age and his dependent
child is three months or more of age; or
(g) his wife has deserted him and was permanently unemploya-
ble or eligible for an allowance under clause 7 (1) (c) of the
Act at the time of desertion. O. Reg. 424/82, s. 1.
(9) A person who is a recipient under subclause 7 (1) (d) (v) of
the Act or subsection 2 (7) or clause 2 (8) (d) of this Regulation and,
(a) whose spouse has deserted him or her, as the case may be;
or
(b) who has separated from hi» or her spouse, as the case may
be,
at the end of the term of imprisonment or on the granting of parole
as defmed in section 1 of the Ministry of Correctional Services Act
shall continue to be eligible for an allowance and other benefits cal-
culated in accordance with the Act and this Regulation. O. Reg.
396/86, s. 2 (2).
(10) A person is not eligible for benefits under section 21, 22, 24,
27, 28, 30 or 35 but is otherwise eligible for an allowance calculated
in accordance with section 1 1 if the person,
(a) is a person in need;
(b) is resident in Ontario;
(c) has liquid assets not in excess of the amounts set out in sec-
tion 3;
(d) has attained the age of eighteen years;
(e) is not eligible for an allowance under subsection 7 (1) of the
Act or under any other subsection of this section; and
(f) is a patient residing in or on a leave of absence from,
(i) a facility designated as a psychiatric facility by sec-
tion 1 of Regulation 744 of Revised Regulations of
Ontario, 1990 (General), or
(ii) the Clarke Institute of Psychiatry. O. Reg. 163/89,
s. 1.
(11) A man who is a person in need and who is resident in
Ontario is eligible for an allowance and other benefits calculated in
accordance with the Act and this Regulation if he has attained the
age of sixty years but has not attained the age of sixty-five years and
if he is a widower, an unmarried man or a man,
(a) whose wife is a patient in an institution under the Mental
Hospitals Act, a hospital for the chronically ill or a nursing
home or a resident in a home for the aged under the Homes
for the Aged and Rest Homes Act or the Charitable Institu-
tions Act, and has been a patient or resident in the hospital
or home, as the case may be, for a continuous period of six
months or more;
(b) whose wife has deserted him for three months or more and
her whereabouts are unknown;
(c) whose wife is imprisoned in a penal institution and at the
date of application has a term of imprisonment remaining to
be served of six months or more;
(d) who is divorced and has not remarried; or
(e) who is living separate and apart from his wife and has been
living separate and apart from her for a continuous period
of five years or more. O. Reg. 526/89, s. 1 .
3.— (1) An applicant or recipient, other than an applicant or
recipient described in subsection (2), is not eligible for an allowance
where the applicant or recipient is,
(a) a single person without dependent children and has liquid
assets that exceed $2,500 in value;
(b) a single person with dependent children and has liquid
assets that together with the liquid assets of his or her
dependent children exceed $5,000 in value for the applicant
or recipient with one dependent child but that amount shall
be increased by $500 for each additional dependent child;
(c) a person who resides with his or her spouse and has liquid
assets that together with the liquid assets of his or her
spouse exceed $5,000 in value. R.R.O. 1980, Reg. 318,
s. 3 (1); O. Reg. 459/82, s. 3 (1); O. Reg. 589/87, s. 2 (1).
(2) An applicant or recipient under clause 7 (1) (a), (b), (c) or
(e) of the Act, or under subsection 2 (4), (5), (6) or ( 1 1 ) of this Reg-
ulation, is not eligible for an allowance where the applicant or recipi-
ent is,
(a) a single person without dependent children and has liquid
assets that exceed $3,000 in value;
(b) a single person with dependent children and has liquid
assets that together with the liquid assets of his or her
dependent children exceed $5,500 in value for the applicant
or recipient with one dependent child but that amount shall
be increased by $500 for each additional dependent child;
(c) a person who resides with his or her spouse and has liquid
assets that together with the liquid assets of his or her
spouse exceed $5,500 in value. R.R.O. 1980, Reg. 318,
s. 3 (2); O. Reg. 459/82, s. 3 (2); O. Reg. 589/87, s. 2 (2);
O. Reg. 526/89, s. 2.
(3) The total value of the liquid assets referred to in each of
clauses (1) (c) and (2) (c) shall include the value of the liquid assets
of any dependent children of the applicant or recipient and shall be
increased by $500 for each dependent child. O. Reg. 589/87,
s. 2 (3).
(4) Subject to section 4, an applicant or recipient under clause
7 (1) (f) of the Act is not eligible for an allowance where the foster
child has liquid assets that exceed $2,500 in value. R.R.O. 1980,
Reg. 318, s. 3 (3).
4.— (1) Despite section 3 and subsections 2 (1) and (3), the Direc-
tor may determine that a beneficiary with liquid assets having a value
in excess of the maximum amount otherwise permitted to the benefi-
691
Reg./Règl. 366
FAMILY BENEFITS
Reg./Règl. 366
ciary under the regulations continues to be eligible for a benefit
where the amount of the excess is not greater than 10 per cent of that
maximum.
(2) Despite section 3, subsections 2(1) and (3) and subsection (1)
of this section, the Director may determine that the person is or con-
tinues to be eligible for an allowance or a benefit, as the case may be,
where,
(a) a person who is an applicant or recipient or a beneficiary
included or to be included in the allowance wishes to accu-
mulate liquid assets having a value in excess of the maxi-
mum amount otherwise permitted under this Regulation in
order to purchase an article considered by the Director to
be necessary for the well-being of the person;
(b) the amount of the intended excess referred to in clause (a)
will not exceed the estimated cost approved by the Director
of the article; and
(c) the approval of the Director is given prior to the accumula-
tion referred to in clause (a). R.R.O. 1980, Reg. 318, s. 4.
5. Subject to subsection 14 (5) and despite anything else in the
Act or in this Regulation, no person is eligible for an allowance,
(a) who, subject to section 27, is a resident or patient in a chil-
dren's mental health centre under the Child and Family Ser-
vices Act after the first month and prior to the last month of
any continuous period of residence therein;
(b) who is an applicant or recipient under clause 7 (1) (b) or
(d) of the Act, or under subclause 2 (1) (d) (ii) or (iii) or
subsection 2 (7), (8) or (11) of this Regulation and who is
living with another person who,
(i) is the spouse of the applicant or recipient, or
(ii) provides an economic contribution to the applicant,
recipient or his or her dependent children that
exceeds the amount of the allowance to which the
applicant or recipient would otherwise have been
entitled;
(c) following the first month of eligibility for an allowance,
where the person is also a recipient of general assistance
under the General Welfare Assistance Act, other than,
(i) a resident of a nursing home licensed under the
Nursing Homes Act,
(ii) a recipient of general assistance as a head of a family
under the General Welfare Assistance Act in respect
of a dependant who is not included as a beneficiary
for the purposes of calculating the amount of allow-
ance to which the person is entitled, or
(iii) a resident of a hostel as defined in subsection 1 (1) of
Regulation 537 of Revised Regulations of Ontario,
1990; or
(d) who is an applicant or a recipient under subclause
7 (1) (d) (v) of the Act or clause 2 (8) (d) of this Regula-
tion and whose spouse is a parolee as defined in section 1 of
the Ministry of Correctional Services Act and who is living
with the parolee as husband or wife. R.R.O. 1980, Reg.
318, s. 5; O. Reg. 424/82, s. 2; O. Reg. 459/82, s. 4;
O. Reg. 709/84, s. 3; O. Reg. 396/86, s. 3; O. Reg. 589/87,
s. 3; O. Reg. 526/89, s. 3.
6.— (1) Where an applicant or recipient, excluding an applicant or
recipient under clause 7 (1) (f) of the Act, or the spouse or depen-
dent child of the applicant or recipient has an interest in real prop-
erty, other than real property used by the applicant or recipient as his
or her principal residence, the applicant or recipient is not eligible
for an allowance unless there is an arrangement with respect to the
interest that is approved by the Director as necessary for the health
or welfare of a beneficiary included for the purposes of calculating
the amount of allowance to which the applicant or recipient is enti-
tled.
(2) Where an applicant or recipient is a foster parent, he or she is
not eligible for an allowance on behalf of a foster child who has an
interest in real property, other than real property used by the foster
child as his or her principal residence, unless there is an arrangement
with respect to the interest that is approved by the Director as neces-
sary for the health or welfare of the foster child. O. Reg. 654/82,
s. 2.
7.— (1) Where, at any time within the three years preceding the
date of application or at any time subsequent thereto, an applicant or
recipient or the spouse or dependent child of an applicant or recipi-
ent has made an assignment or transfer of liquid assets or real prop-
erty and, in the opinion of the Director, the consideration for the
assignment or transfer was inadequate or the assignment or transfer
was made for the purpose of qualifying the applicant or recipient for
an allowance, the Director may determine that the applicant or
recipient is not eligible for an allowance or the Director may reduce
the amount of an allowance granted to compensate for the inade-
quate consideration.
(2) Where an applicant or recipient is a foster parent and where,
at any time within the three years preceding the date of application
or at any time subsequent thereto, the person who has control over
the transfer or assignment of the property of the foster child of the
applicant or recipient has made an assignment or transfer of liquid
assets or real property and, in the opinion of the Director, the con-
sideration for the assignment or transfer was inadequate or the
assignment or transfer was made for the purpose of qualifying the
applicant or recipient for an allowance, the Director may determine
that the applicant or recipient is not eligible for an allowance or the
Director may reduce the amount of an allowance granted to compen-
sate for the inadequate consideration. O. Reg. 459/82, s. 5.
8. Where the Director is not satisfied that an applicant or recipi-
ent is making reasonable efforts to obtain compensation or realize
any financial resource that the applicant, recipient, or a beneficiary
included or to be included in the recipient's allowance, may be enti-
tled to or eligible for including, where the applicant, recipient or
beneficiary is a sponsored dependant or nominated relative within
the meaning of the regulations under the Immigration Act (Canada),
any compensation or contribution to the support and maintenance of
the applicant, recipient or beneficiary that may result from any
undertaking or engagement made on his or her behalf under the said
regulations between the Government of Canada and the nominator
or sponsor, the Director may determine that the applicant, recipient
or beneficiary is not eligible for a benefit or the Director may reduce
the amount of an allowance granted by the amount of the compensa-
tion, contribution or financial resource, as the case may be, that in
the Director's opinion is available to the applicant, recipient or
beneficiary. R.R.O. 1980, Reg. 318, s. 8.
9. For the purposes of section 8, a retirement pension that is
available to a person prior to the month in which the person attains
sixty-five years of age under the Canada Pension Plan or the Quebec
Pension Plan (Quebec) shall not be considered to be compensation
or a financial resource to which that person is entitled. O. Reg.
742/86, s. 1.
10.— (1) Where money is due and owing or may become due and
owing to an applicant, recipient or beneficiary for maintenance that
would, if received by the applicant, recipient or beneficiary, be
included in income for the purposes of subsection 13 (1), the Direc-
tor may require as a condition of eligibility for a benefit that an appli-
cant or recipient agree in writing to reimburse Ontario for all or any
part of the benefit or benefits paid or to be paid out of the money
when it becomes payable in respect of the same period of time to
which the money applies. O. Reg. 709/84, s. 4.
(2) Subsection (1) does not apply to income referred to in para-
graph 1 or paragraphs 18 to 44 of subsection 13 (2). O. Reg.
216/84, s. 1.
(3) The written agreement referred to in subsection (1) may
include.
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PRESTATIONS FAMILIALES
Reg./RègL 366
(a) an authorization and direction to the person or agency from
whom the money is receivable to deduct and pay such
money directly to Ontario; and
(b) an assignment to Ontario by the applicant or recipient of his
or her right to such money from the person or agency from
whom such money is receivable.
(4) The amount of any money paid to Ontario under an agree-
ment under subsection (1) shall in no case exceed the total amount of
the benefit or benefits paid to the applicant or recipient during the
period in respect of which the money is payable.
(5) An applicant or recipient is not ineligible for an allowance
solely by reason of the failure of any other person or agency to
deduct and remit money to Ontario under an authorization and
direction or an assignment under subsection (3). R.R.O. 1980,
Reg. 318, s. 10 (3-5).
11. The amount of an allowance shall be equal to the budgetary
requirements of an applicant or recipient determined in accordance
with section 12 or 31, as the case may be, and section 41, minus the
income of the applicant or recipient in accordance with section 13.
O. Reg. 589/87, s. 4.
12.— (I) In this section,
"shelter" means the cost fo' a dwelling place in respect of,
(a) rent,
(b) principal and interest on a mortgage,
(c) amounts repayable towards a loan obtained through the
Ontario Home Renewal Program authorized by Regulation
641 of Revised Regulations of Ontario, 1990 made under
the Housing De\'elopmenl Act or through the Residential
Rehabilitation Assistance Program authorized by section 51
of the National Housing Act (Canada) for repairs to the
dwelling place approved by the Director,
(d) an agreement for sale,
(e) taxes,
(f) premiums for a policy of fire insurance covering the dwell-
ing place or the contents thereof,
(g) the amount of common expenses required to be contributed
for a condominium unit except that portion of the common
expenses allocated to the cost of energy for heat, and
(h) any of the following utilities, if their cost is not included in
rent or condominium fees:
1. Any energy source used for household purposes
other than heating a dwelling.
2. Water and sewage,
but does not include, with respect to the dwelling place, any
refund or payment under section 8 of the Income Tax Act or grant
under section 2 or section 7 of the Ontario Pensioners Property
Tax Assistance Act to any applicant, recipient or beneficiary;
"tenant in subsidized housing" means an applicant or recipient who
is a tenant paying rent that is geared to income in housing accom-
modation that is owned, operated or provided by or on behalf of
the Crown in right of Canada, the Crown in right of Ontario, a
municipality or any agency of one of them. R.R.O. 1980, Reg.
318, s. 12 (1); O. Reg. 360/83, s. 2 (1); O. Reg. 548/88, s. 2 (1,
2).
(2) If the cost of any of the utilities described in clause (h) of the
definition of "shelter" in subsection (1) is not included in rent or con-
dominium fees and the actual monthly cost of all of those utilities is
less than the amount shown in the following Table, their monthly
cost for the purpose of that definition shall be deemed to be the
amount shown in the following Table:
TABLE
Number of Beneficiaries
Amount
1
$ 35
2
50
3
55
4
60
5
65
6 or more
70
(3) For the purpose of calculating shelter under subsection (1) in
respect of a tenant in subsidized housing, the rent shall be adjusted
so that the sum of that adjusted rent and the cost of utilities is not
less than the fully serviced rent scale as established by the Ontario
Housing Corporation for the applicable year and is not more than
that rent scale for 1989. O. Reg. 686/89, s. 1 (1).
(4) Although under subsection (1) shelter includes rent, where an
applicant or a recipient is a tenant of any authority or agency that
provides low rental housing accommodation on behalf of the Crown
in right of Canada, the Crown in right of Ontario or on behalf of a
municipality, shelter does not include that portion of the rent for
which the applicant or the recipient is liable in respect of a person liv-
ing in the dwelling place who is not a beneficiary. O. Reg. 709/84,
s. 6.
(5) For the purpose of computing the amount of an allowance,
the monthly budgetary requirements of an applicant or recipient
other than an applicant or recipient whose budgetary requirements
are determined under subsection (6), (8), (9), (10), (12), (14), (16)
or (17) shall be determined as follows:*
\. Where the applicant or recipient receives board and lodging
from the same source and the source is supplying the board
and lodging for profit or is an agency approved by the
Director and operated by a corporation incorporated under
Part III of the Corporations Act, an amount for basic needs
that is,
i. the amount actually paid for board and lodging if
that amount is not less than the minimum amount
determined under Schedule A and not more than the
maximum amount determined under Schedule A,
ii. the minimum amount determined under Schedule A
if the amount actually paid for board and lodging is
less than that amount,
iii. the maximum amount determined under Schedule A
if the amount actually paid for board and lodging is
greater than that amount. O. Reg. 686/89, s. 1 (2).
2. Where the basic needs of an applicant or recipient are not
determined under paragraph 1 and the applicant or recipi-
ent receives board and lodging from the same source, an
amount for basic needs that is,
i. the amount actually paid for board and lodging if
that amount is not less than the minimum amount
determined under Schedule B and not more than the
maximum amount determined under Schedule B,
ii. the minimum amount determined under Schedule B
if the amount actually paid for board and lodging is
less than that amount,
iii. the maximum amount determined under Schedule B
if the amount actually paid for board and lodging is
greater than that amount. O. Reg. 686/89, s. 1 (3),
part.
3. The Director may increase the amount for basic needs by
whatever additional amount the Director considers neces-
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FAMILY BENEFITS
Reg./Règl. 366
sary for the well-being of the applicant or recipient or any
other beneficiary but the amount of the basic needs shall
not exceed the maximum set out in paragraph 1 or 2.
O. Reg. 680/90, s. 1 (1).
4. Where the basic needs of an applicant or recipient are not
determined under paragraph 1 or 2, an amount for basic
needs that is the sum of the amount for basic allowance
determined in accordance with Schedule C and the amount
for basic shelter determined in accordance with Schedule
G. O. Reg. 686/89, s. 1 (4); O. Reg. 680/90, s. 1 (2).
5. Where a legally qualified medical practitioner certifies that
a beneficiary is pregnant or where a beneficiary has given
birth to a child or has care, custody and control of a new-
born child, for additional needs of the beneficiary due to
the pregnancy or birth, an amount not exceeding $35 for a
period not exceeding six months, commencing in any month
after the third month of the pregnancy and ending not later
than the sixth month after the birth of the child. O. Reg.
740/86, s. 1 (1); O. Reg. 712/87, s. 1 (1); O. Reg. 746/88,
s. 1 (1); O. Reg. 686/89, s. 1 (6); O. Reg. 680/90, s. 1 (3).
6. Where a legally qualified medical practitioner certifies that
a beneficiary requires a special diet and signs a statement
setting out in detail the special diet required, the Director
may increase the monthly amount determined for basic
needs by an amount not to exceed the additional cost of the
special diet. O. Reg. 459/82, s. 7 (2).
7. Subject to paragraph 9, where the cost of shelter plus the
cost of energy for heat exceeds the appropriate amount for
basic shelter allowance set out in Schedule G, the Director
shall increase the monthly budgetary requirements by a
variable shelter allowance in an amount which is the lesser
of,
i. the sum of the actual cost of shelter and the cost of
energy for heat less the appropriate amount for basic
shelter allowance determined under Schedule G, and
ii. the appropriate amount set out in the following
Table:
TABLE
Family Size
Maximum Monthly Variable
Shelter Allowance
1
$265
2
420
3
450
4
495
5
540
6 or more
560
O. Reg. 686/89, s. 1 (7); O. Reg. 680/90, s. 1 (4).
8. The amount by which the basic shelter allowance is
increased under subsection (18) or 31 (9) shall not be taken
into account in determining the variable shelter allowance
under paragraph 7. O. Reg. 686/89, s. 1 (8).
9. The monthly budgetary requirements of an applicant or
recipient whose basic needs are determined under Sched-
ules C and G or F and G, as the case may be, shall be
increased by the cost of energy for heat, as determined by
the Director, and not by the amount of the variable shelter
allowance under paragraph 7 if the cost of energy for heat
exceeds the amount of the variable shelter allowance.
O. Reg. 686/89, s. 1 (9).
10. For travel and transportation, where the applicant or recipi-
ent or the spouse living with the applicant or recipient,
i. is a blind person, a monthly amount equal to $30, or
ii. is a disabled person, a person referred to in clause
7 (1) (a) or (b) of the Act or in subsection 2 (5) or
(11) of this Regulation, a monthly amount equal to
$15, but where in the opinion of the Director the
person requires the use of a wheelchair when travel-
ling in the community, a monthly amount equal to
$30. R.R.O. 1980, Reg. 318, s. 12 (3), par. 9;
O. Reg. 727/82, s. 2 (3); O. Reg. 526/89, s. 4 (2).
11. An amount up to a maximum amount of $10 monthly for
premiums paid on a policy of life insurance in force at the
date of application by an applicant or recipient with a
dependent child where,
i. the insurance is on the life of the applicant or recipi-
ent and the spouse of the applicant or recipient or
any of them, and
ii. the beneficiary named in the policy is,
A. a person eligible for a benefit, or
B. the estate of the insured person.
12. For the purposes of paragraph 13,
i. "aggregate" means the total of the monthly amounts
determined under paragraphs 5, 6, 10 and 11, and
ii. "special needs minimum" means,
A. $188 if the applicant or recipient is a single
person or if he or she is a married person and
only one spouse is a blind person, a disabled
person or a person referred to in subsection
2 (5), (6) or (11),
B. $376, if the applicant or recipient is a married
person and both spouses are blind persons,
disabled persons or persons referred to in
subsection 2 (5) or (6),
C. $188, if the applicant or recipient is a married
person and at least one spouse is a person
referred to in clause 7 (1) (a) of the Act.
O. Reg. 526/89, s. 4 (4); O. Reg. 686/89,
s. 1 (10); O. Reg. 680/90, s. 1 (5).
13. For special needs, where the applicant or recipient is,
i. a blind person or a disabled person, or
ii. a person referred to in clause 7 (1) (a) or (b) of the
Act or subsection 2 (5), (6) or (11) of this Regula-
tion,
who is not a patient in a facility designated as a psychiatric
facility under section 1 of Regulation 741 of Revised Regu-
lations of Ontario, 1990 and where the aggregate is less
than the special needs minimum, an amount equal to the
difference between the special needs minimum and the
aggregate. O. Reg. 690/83, s. 4 (5); O. Reg. 703/88, s. 1;
O. Reg. 526/89, s. 4 (5).
14. For special needs, if the applicant or recipient is eligible to
have his or her budgetary requirements determined under
subsection 31 (5) or (8),
i. $9, if the applicant or recipient is a single person or if
he or she is a married person and only one spouse is
a blind person, a disabled person or a person
referred to in clause 7 (1) (b) of the Act or subsec-
tion 2 (5), (6) or (11) of this Regulation,
ii. $18, if the applicant or recipient is a married person
and both spouses are blind persons, disabled persons
or persons referred to in subsection 2 (5), (6) or
(11), or
694
Reg./Règl. 366
PRESTATIONS FAMILIALES
Reg./Règl. 366
iii. $9, if the applicant or recipient is a married person
and at least one spouse is a person referred to in
clause 7 (1) (a) of the Act. O. Reg. 686/89,
s. 1 (11).
15. Where an applicant or recipient is enrolled in a training
program approved by the Director and is in receipt of bene-
fits under the Unemployment Insurance Act (Canada), an
amount for expenses determined by the Director to be nec-
essary to participate in the training program. O. Reg.
654/82, s. 3.
16. Where a beneficiary has a guide dog as defined in the Blind
Persons' Rights Act, a monthly amount determined by the
Director but not exceeding $61 for the care of each guide
dog. O. Reg. 680/90, s. 1 (6).
*0. Reg. 480/83, s. 1 (1); O. Reg. 163/89, s. 2 (1); O. Reg. 526/89,
s.4(l).
(6) For the purpose of computing the amount of allowance of an
applicant or recipient who is eligible under clause 7 (1) (f) of the
Act, the monthly budgetary requirements shall be equal to $206 for
the first foster child and $168 for each additional foster child.
O. Reg. 680/90, s. 1 (7).
(7) Subject to subsection (10), the monthly budgetary require-
ments shall be determined under subsection (8) for the purpose of
computing the monthly allowance of an applicant or recipient resi-
dent in,
(a) a home, joint home or satellite home under the Homes for
the Aged and Rest Homes Act;
(b) a charitable institution under the Charitable Institutions
Act;
(c) a nursing home licensed under the Nursing Homes Act; or
(d) a home for retarded persons or an auxiliary residence under
the Homes for Retarded Persons Act.
(8) The monthly budgetary requirements of a person described in
subsection (7) shall be an amount equal to the sum of,
(a) the lesser of,
(i) $24.33 a day, or
(ii) the daily rate chargeable in respect of the resident,
multiplied by the number of days in the month or deter-
mined for the month in such other manner as the Director
may decide;
(b) a personal needs allowance determined by the Director but
not exceeding $100; and
(c) where the applicant or recipient is sixty-five years of age or
older, an additional amount of $12. R.R.O. 1980, Reg.
318, s. 12 (5); O. Reg. 51/81, s. 1; O. Reg. 273/81, s. 1.
O. Reg. 483/81, s. 1; O. Reg. 700/81, s. 1; O. Reg. 71/82
s. 1; O. Reg. 314/82, s. 1; O. Reg. 551/82, s. 1; O. Reg.
721/82, s. 1, O. Reg. 73/83, s. 1; O. Reg. 276/83, s. 1
O. Reg. 462/83, s. 1; O. Reg. 700/83, s. 1; O. Reg. 65/84,
s. 1; O. Reg. 312/84, s. 1; O. Reg. 498/84, s. 1 (1-3)
O. Reg. 706/84, s. 1 (1, 2); O. Reg. 748/84, s. 1; O. Reg
29/85, s. 1; O. Reg. 207/85, s. 1; O. Reg. 402/85, s. 1
O. Reg. 555/85, s. 1; O. Reg. 49/86, s. 1; O. Reg. 245/86,
s. 1; O. Reg. 444/86, s. 1; O. Reg. 643/86, s. 1; O. Reg
40/87, s. 1; O. Reg. 227/87, s. 1; O. Reg. 380/87, s. 1 (1
2); O. Reg. 453/87, s. 1; O. Reg. 592/87, s. 1; O. Reg
49/88, s. 1; O. Reg. 268/88, s. 1; O. Reg. 483/88, s. 1
O. Reg. 649/88, s. 1; O. Reg. 44/89, s. 1; O. Reg. 163/89,
s. 2 (2); O. Reg. 227/89, s. 1; O. Reg. 430/89, s. 1
O. Reg. 606/89, s. 1; O. Reg. 53/90, s. 1; O. Reg. 213/90,
s. 1; O. Reg. 429/90, s. 1; O. Reg. 572/90, s. 1, revised.
(9) For the purpose of computing the monthly allowance of an
applicant or recipient who,
(a) before the 1st day of August, 1983, was a resident in an aux-
iliary residence that was included in a program under the
Homes for Retarded Persons Act in which the applicant or
recipient was responsible for the cost and provision of his or
her own care and maintenance;
(b) after the 31st day of July, 1983, ceased to be a resident in
the auxiliary residence referred to in clause (a); and
(c) is receiving services purchased under the Developmental
Services Act,
the monthly budgetary requirement shall be an amount determined
in accordance with section 12 but shall be no less than $523.14.
O. Reg. 676/85, s. 1 (5).
(10) In determining the monthly budgetary requirements under
subsection (8) of a blind person, a permanently unemployable person
or a disabled person residing in a charitable institution under the
Charitable Institutions Act, who in the opinion of the Director
requires financial aid in order to travel in the community, there shall
be included, in addition to the amount determined under that sub-
section, an amount for transportation allowance not exceeding $15
but, where the resident is a blind person or in the opinion of the
Director requires a wheelchair for travelling in the community, the
amount for a transportation allowance shall not exceed $30.
R.R.O. 1980, Reg. 318, s. 12 (6).
(11) The monthly budgetary requirements shall be determined
under subsection (12) for the purpose of computing the monthly
allowance of a person,
(a) received and lodged as a resident within the meaning of the
Homes for Special Care Act in a home for special care
established, licensed or approved under that Act; or
(b) who has attained the age of eighteen years and resides in a
facility designated under the Developmental Services Act.
(12) The monthly budgetary requirements of a person described
in subsection (11) shall be an amount equal to the sum of,
(a) the daily amount paid under the Homes for Special Care
Act or under the Developmental Services Act, as the case
may be, for the care and maintenance of the person, multi-
plied by the number of days in the month;
(b) any amount paid in the month on behalf of the person for
clothing, toiletries and other personal essentials under the
Homes for Special Care Act or under the Developmental
Services Act, as the case may be;
(c) a personal needs allowance determined by the Director but
not exceeding $100;
(d) where the applicant or recipient is sixty-five years of age or
older, an additional amount of $12; and
(e) any other amount paid on behalf of the person under the
Homes for Special Care Act or under the Developmental
Services Act, as the case may be. R.R.O. 1980, Reg. 318,
s. 12 (7); O. Reg. 163/89, s. 2 (3, 4), revised.
(13) The monthly budgetary requirements shall be determined
under subsection (14) for the purpose of computing the monthly
allowance of a person who is a patient in a place that is designated
under the regulations under the Health Insurance Act as a hospital or
a health facihty for the provision of insured services to chronically ill
patients and that is
(a) a hospital for chronically ill patients;
(b) a chronic care hospital;
695
Reg./Règl. 366
FAMILY BENEFITS
Reg./Règl. 366
(c) a chronic unit attached to a general or convalescent hospi-
tal; or
(d) a nursing home for chronic care.
(14) The monthly budgetary requirements of a person described
subsection (13) shall be an amount equal to the sum of,
(a) a personal needs allowance in an amount determined by the
Director but not exceeding $100 after the first month and
prior to the last month of any continuous period of resi-
dence therein;
(b) an additional amount of $12 where the applicant or recipi-
ent is sixty-five years of age or older; and
(c) the cost of one or more of the following items and services
approved by the Director,
(i) dental services,
(ii) dentures,
(iii) prosthetic devices including eye glasses,
(iv) clothing, and
(v) wheelchairs and accessories thereto. R.R.O. 1980,
Reg. 318, s. 12 (8); O. Reg. 690/83, s. 4 (8);
O. Reg. 498/84, s. 1 (4, 5). O. Reg. 706/84,
s. 1 (3); O. Reg. 380/87, s. 1 (3, 4); O. Reg. 163/89,
s. 2 (5), revised.
(15) The monthly budgetary requirements shall be determined
under subsection (16) for the purpose of computing the monthly
allowance of an applicant or a recipient who is,
(a) a person referred to in clause 7 (1) (c) of the Act or subsec-
tion 2 (5) of this Regulation and a resident in a community
resource centre established under section 15 of the Ministry
of Correctional Services Act; and
(b) a parolee or a person on probation, as "parolee" and "pro-
bation" are defined in section 1 of the Ministry of Correc-
tional Services Act.
(16) The monthly budget requirements for a person described in
subsection (15) shall be,
(a) a personal needs allowance in an amount to be determined
by the Director but not exceeding $100 per month; and
(b) where the applicant or the recipient is sixty-five years of age
or older, an additional amount of $12. O. Reg. 216/84,
s. 3 (3); O. Reg. 498/84, s. 1 (6); O. Reg. 706/84, s. 1 (4);
O. Reg. 380/87, s. 1 (5, 6); O. Reg. 163/89, s. 2 (6),
revised.
(17) For the purpose of computing the monthly allowance of an
applicant or a recipient who is eligible for an allowance under subsec-
tion 2 (10), the monthly budgetary requirements shall be an amount
equal to the sum of,
(a) a personal needs allowance determined by the Director but
not exceeding $100; and
(b) where the applicant or recipient is sixty-five years of age or
older, an additional amount of $12. O. Reg. 163/89,
s. 2 (7).
(18) The basic shelter allowance of an applicant or recipient
whose basic needs are calculated in accordance with paragraph 4 of
subsection (5) shall be increased by $55 if the applicant or recipient is
a married person and both spouses are blind or disabled persons or
persons referred to in subsection 2 (5) or (6).
(19) Where the basic needs of the applicant or recipient are cal-
culated in accordance with paragraph 4 of subsection (5) and both
the applicant or recipient and his or her spouse are blind, disabled or
persons referred to in subsection 2 (5) or (6), the total amount paid
in respect of the following items shall not exceed $1,465:
1 . The amount paid in respect of the applicant or recipient and
the spouse for basic allowance, basic shelter and for the
variable shelter allowance.
2. The amount paid in accordance with subsection (18).
3. The amount established for special needs in accordance
with sub-subparagraph B of subparagraph ii of paragraph
12 of subsection (5). O. Reg. 686/89, s. 1 (14); O. Reg.
680/90, s. 1 (8).
Income
13.— (1) For the purposes of determining a person in need and
computing the amounts of allowances, the income of an applicant or
recipient shall include all payments of any nature or kind whatso-
ever, received by or on behalf of,
(a) the applicant or recipient;
(b) the spouse of the applicant or recipient where the spouse is
living with the applicant or recipient, as the case may be;
(c) any dependant of the applicant or recipient, other than the
earnings of the dependant; and
(d) where the applicant or recipient is a foster parent, the foster
child, other than the earnings of the foster child. R.R.O.
1980, Reg. 318, s. 13 (1); O. Reg. 459/82, s. 8 (1); O. Reg.
709/84, s. 7 (1, 2); O. Reg. 528/89, s. 2 (1).
(2) For the purposes of subsection (1), and without restricting the
generality of subsection (1), income shall include the following:
1. Subject to subsection (6), the total amount payable to a
recipient and a spouse included as a beneficiary in respect
of gross monthly income from wages, salaries and casual
earnings, other than the earnings of a dependent child, and
net monthly income as determined by the Director from an
interest in or operation of a business less,
i. the total amount of deductions from wages, salaries
and casual earnings made in respect of income tax,
Canada Pension Plan and unemployment insurance,
ii. subject to subsection (9), an amount equal to,
A. $160 if there is one beneficiary,
B. $185 if there is more than one beneficiary at
least one of whom is eligible to receive an
allowance and benefits under clause 7 (1) (c)
or (e) of the Act or subsection 2 (5) of this
Regulation, or
C. $175 in all other cases where there is more
than one beneficiary,
iii. subject to subsection (10), child care expenses actu-
ally incurred for each dependent child and not other-
wise reimbursed or subject to reimbursement up to
the maximum amount provided in subsection (11) if
the child care expenses are necessary to permit a
recipient or spouse to be employed or to participate
in a training program and if,
A. the recipient is a single person who is
employed or in a training program,
B. the recipient and his or her spouse are either
employed or in a training program, or
C. the recipient or his or her spouse is employed
or in a training program and the other is
unable to provide the child care, and
696
Reg./Règl. 366
PRESTATIONS FAMILIALES
Reg./Règl. 366
2.
iv. 20 per cent of the atnount by which the monthly
income determined under this paragraph exceeds the
total amount of exemptions to which the person is
entitled under subparagraphs i, ii and iii.
Subject to subsection (8), any payment received under the
Old Age Security Act (Canada).
3. Subject to subsection (8), any increment received under the
Ontario Guaranteed Annual Income Act.
4. Subject to subsection (8), any pension or payment received
under legislation of any other country.
5. Subject to subsection (8), any regular or periodic payments
received under a mortgage, agreement for sale or loan
agreement where the unpaid balance of the mortgage,
agreement for sale or loan, together with the value of his or
her liquid assets exceeds the maximum value of the liquid
assets permitted to the person under section 2, 3 or 4.
6. Subject to subsection (8), any regular or periodic payments
received under any annuity, pension plan, superannuation
scheme or insurance benefit.
7. Subject to subsection (8), any payments for support or
maintenance received under an order made by a court of
competent jurisdiction or under a domestic contract or an
agreement with the putative father of a child born out of
wedlock.
8. Any amount paid under a training program, after deducting
from it,
i. $50 monthly if there is one beneficiary or $100
monthly if there is more than one beneficiary,
ii. child care expenses as determined under subpara-
graph iii of paragraph 1, and
iii. any other expenses determined by the Director to be
necessary for taking the training program.
9. The net income of the spouse of the applicant or recipient
or of the putative father of a beneficiary available to the
applicant or recipient as determined by the Director where
the spouse or putative father, as the case may be, is living
apart from the applicant or recipient.
10. Subject to subsection (8), where the applicant or recipient is
a sponsored dependant or nominated relative within the
meaning of the regulations under the Immigration Act
(Canada), payments available to him or her, as determined
by the Director, under any undertaking or engagement
made on his or her behalf under the said regulations
between the Government of Canada and any person nomi-
nating or sponsoring him or her.
11. Subject to paragraph 18, where a recipient was in receipt of
an allowance under this Act or assistance under the General
Welfare Assistance Act in the month of October, 1987, had
advised the Director or a welfare administrator appointed
under section 4 of the General Welfare Assistance Act in or
prior to that month that he or she was providing lodging to
a person, had income as defined in this paragraph as it
existed on the 31st day of October, 1987 or paragraph 11 of
subsection 13 (2) of Regulation 441 of Revised Regulations
of Ontario, 1980 (General) as it existed on the 3)st day of
October, 1987 in that month and is providing lodging to any
person, a monthly amount that shall be deemed to be paid
by such person to the recipient, which amount shall be,
i. $40 where the person is eighteen years of age or
more and is being provided with meals in addition to
lodging, or
ii. $20 where the person is under eighteen years of age
or is not being provided with meals.
12. Any payment received from the sale or other disposition of
an asset, except that portion of the payment that is applied,
or where the Director approves will be applied towards,
i. the purchase by the applicant or recipient or the
spouse of the applicant or recipient of a principal res-
idence used by the applicant or recipient, or
ii. the purchase of any other asset which in the Direc-
tor's opinion is necessary for the health or welfare of
a beneficiary included for the purposes of calculating
the amount of allowance to which the applicant or
recipient is entitled.
13. Subject to subsection (8), a payment, other than a payment
under clause 7 (1) (a) or (d) of the Compensation for Vic-
tims of Crime Act, received by or on behalf of an applicant,
recipient or beneficiary under that Act.
14. Subject to paragraph 18, where an applicant or recipient is
providing lodging and meals to a person and paragraph 11
does not apply, an amount for each such person that is
equal to the greater of,
i. 40 per cent of the amount received from such per-
son, or
ii. $40.
15. Subject to paragraph 18, where an applicant or recipient is
providing lodging without meals to a person and paragraph
1 1 does not apply, an amount for each such person that is
equal to the greater of,
i. 60 per cent of the amount received from such per-
son, or
ii. $40.
16. Subject to subsection (8), any payment received by or on
behalf of an applicant, recipient or beneficiary under the
Pension Act (Canada), the Unemployment Insurance Act
(Canada), the War Veterans Allowance Act (Canada), the
Civilian War Pensions and Allowances Act (Canada), the
Workers' Compensation Act or compensation paid under a
similar law of any other jurisdiction, the Quebec Pension
Plan (Quebec) and the Canada Pension Plan,
but shall not include,
17. Any benefits received under this Act and the Regulations.
18. Any income received or deemed to be received for lodging
with or without meals provided by the applicant or recipient
to any child, grandchild or foster child of the applicant or
recipient where the child or grandchild is,
i. a beneficiary,
ii. a recipient or a dependant of general assistance
under the General Welfare Assistance Act,
iii. in full-time attendance at an educational institution
or is on vacation from the institution, or
iv. under twenty-one years of age and without financial
resources.
19. 40 per cent of the gross income as determined by the Direc-
tor received from rented self-contained quarters.
20. 40 per cent of the gross income as determined by the Direc-
tor received from the rental of land or a garage.
21. Family allowances received under the Family Allowances
Act (Canada).
22. Any payment received as a child tax credit by reason of the
697
Reg./Règl. 366
FAMILY BENEFITS
Reg./Règl. 366
application of section 122.2 of the Income Tax Act
(Canada).
23. Any payment received under the Vocational Rehabilitation
Services Act or the regulations thereunder.
24. Assistance received under the General Welfare Assistance
Act, except general assistance paid under subsections 12 (1)
and (6) of Regulation 537 of Revised Regulations of
Ontario, 1990, received after the first month of eligibility
for an allowance.
25. Payments approved by the Director received from any
agency or governmental source approved by the Director
on behalf of a child who is not a beneficiary.
26. Donations received from a religious, charitable or benevo-
lent organization.
27. Casual gifts of small value.
28. Casual payments of small value.
29. Any payment or refund received under section 8 of the
Income Tax Act.
30. Any grant received under section 2 or 7 of the Ontario Pen-
sioners Property Tax Assistance Act.
31. Any payment received under Orders-in-Council numbered
OC-3410/70 and OC-2403/71, or either of them, made pur-
suant to section 7 of the Ministry of Agriculture and Food
Act.
32. Interest and dividends earned on liquid assets.
33. Any payment received pursuant to the Indian Act (Canada)
under a treaty between Her Majesty and an Indian band.
34. Any payment received under Order-in-Council numbered
P.C. 1977-2496, made under section 40 of the Indian Act
(Canada).
35. A loan received by a beneficiary under Regulation 774 of
Revised Regulations of Ontario, 1990 (Ontario Student
Loans) or the Student Loans, Canada Act.
36. A grant received by a beneficiary under Regulation 775 of
Revised Regulations of Ontario, 1990 (Ontario Study
Grant Plan), except any amount received as a supplemen-
tary living allowance.
37. A bursary received by a beneficiary under Regulation 773
of Revised Regulations of Ontario, 1990 (Ontario Special
Bursary Program).
38. A grant received by a beneficiary who is a part-time student
enrolled in a post-secondary institution under clause 7 (a)
of the Ministry of Colleges and Universities Act.
39. A bursary received by a beneficiary who is a full-time stu-
dent enrolled in a secondary school under paragraph 18 of
subsection 8 (1) of the Education Act.
40. Where an applicant or recipient or a beneficiary is in receipt
of a grant under the Interest Deferment plan established by
Sections 34.3 to 34.8 of the National Housing Act (Canada),
being chapter N-10 of Revised Statutes of Canada, 1970, an
amount that is the lesser of,
i. the average monthly amount of the grant, or
ii. the amount by which the cost of shelter as deter-
mined by the Director of the applicant or recipient
exceeds the amount set out in Column A of the fol-
lowing Table:
TABLE
Number of
Beneficiaries
Column
A
1
$200
2
283
3
307
4
330
5
353
6 or more
377
41. Any payment received under subsection 2 (2) of the
Developmental Services Act.
42. Any payment received under clause 175 (f) of the Child and
Family Services Act.
43. Any payment made by an Indian Band as an incentive
bonus for school attendance to any dependant of an appli-
cant or recipient who is attending school.
44. Any death benefit payment under the Canada Pension
Plan.
45. An amount received as damages or compensation for,
i. pain and suffering, or
ii. expenses actually and reasonably incurred or to be
incurred as a result of injury to or the death of an
applicant or beneficiary,
up to a maximum amount of $25,000.
46. Any payment received as a sales tax credit by reason of the
application of section 122.4 of the Income Tax Act
(Canada).
47. Any payment received under the Ministry of Community
and Social Services Act.
R.R.O. 1980, Reg. 318, s. 13 (2); O. Reg. 459/82, s. 8 (2); O. Reg.
654/82, s. 4; O. Reg. 847/82, s. 4; O. Reg. 360/83, s. 3; O. Reg.
690/83, s. 5; O. Reg. 784/83, s. 4; O. Reg. 216/84, s. 4 (1-3);
O. Reg. 709/84, s. 7 (3); O. Reg. 396/86, s. 4 (1); O. Reg. 169/87,
s. 1; O. Reg. 589/87, s. 5 (1, 2); O. Reg. 683/87, s. 1; O. Reg.
338/89, s. 1; O. Reg. 528/89, s. 2 (2, 3); O. Reg. 46/90, s. 1 (1).
(3) Paragraph 11 of subsection (2) does not apply to a recipient
who,
(a) at any time after the 31st day of October, 1987 ceases to be
eligible for an allowance under this Act and assistance
under the General Welfare Assistance Act and subsequently
becomes eligible for such assistance or allowance; or
(b) has no income as set out in the said paragraph 1 1 or in para-
graph 11 of subsection 15 (2) of Regulation 537 of Revised
Regulations of Ontario, 1990 (General) for a period of two
consecutive months. O. Reg. 589/87, s. 5 (3).
(4) The amount of the allowance for each month after Novem-
ber, 1979, for which the person is eligible shall, as long as clause (d)
continues to apply, and does not at any time cease to apply, be calcu-
lated by applying the exemptions contained in paragraph 1 of subsec-
tion (2) as it existed on the 30th day of November, 1979 where,
(a) the person was eligible for an allowance during the month
of November, 1979;
(b) during the month of November, 1979, the person referred
to in clause (a) received income from wages, salaries, casual
earnings or a business;
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(c) the exemptions contained in paragraph 1 of subsection (2)
as of the 30th day of November, 1979, were applied in cal-
culating the amount of the allowance for the month of
November, 1979; and
(d) as a result of the application referred to in clause (c) the
amount of the allowance for which the person referred to in
clause (a) is eligible under section 11 on and after the 1st
day of December, 1979, is less than the amount of the
allowance for which the person was eligible for the month
of November, 1979. R.R.O. 1980, Reg. 318, s. 13 (3);
O. Reg. 825/84, s. 4, revised.
(5) Despite subsection (1), for the purposes of determining the
amount of an allowance of an applicant or recipient who is a foster
parent, income shall include only those payments to or on behalf of
the foster child, other than the casual earnings of the foster child.
O. Reg. 459/82, s. 8 (3).
(6) Despite subsection (1), in determining the amount of income
under this section, the Director may average the gross income for
wages, salaries and casual earnings over a period,
(a) not exceeding sbt months where the applicant or recipient is
a blind person, a disabled person, a person referred to in
clause 7 (1) (b) of the Act or subsection 2 (5) or (6) of this
Regulation; and
(b) not exceeding four months in all cases other than those
cases referred to in clause (a). R.R.O. 1980, Reg. 318,
s. 13 (6); O. Reg. 727/82, s. 4.
(7) When the Director averages income for a period under sub-
section (6), he or she shall also average any deductions for income
tax, Canada Pension Plan and unemployment insurance for the same
period. O. Reg. 528/89, s. 2 {4),part.
(8) Where, in the opinion of the Director, any payment of the
income referred to in paragraph 2, 3, 4, 5, 6, 7, 10, 13 or 16 of sub-
section (2) applies to a number of months, the payment may be aver-
aged over that number of months. O. Reg. 396/86, s. 4 (2);
O. Reg. 46/90, s. 1 (3).
(9) The amount determined undei subparagraph ii of paragraph 1
of subsection (2) shall be decreased by any amount that is deducted
from a payment made under a training program under subpara-
graph i of paragraph 8 of subsection (2).
(10) The amount determined under subparagraph iii of para-
graph 1 of subsection (2) shall be decreased by any amount that is
deducted from a payment made under a training program under sub-
paragraph ii of paragraph 8 of subsection (2).
(11) The maximum amount of child care expenses permitted for
each child is the actual amount paid if those expenses are paid to a
child care provider licensed under the Day Nurseries Act and other-
wise is,
(a) $390 per month if the child is less than six years of age;
(b) subject to clause (c), $346 per month if the child is six years
of age or older and less than thirteen years of age;
(c) $390 per month if the child is six years of age or older and
less than thirteen years of age and, in the opinion of the
Director, increased child care costs are required for the
child because of special circumstances;
(d) $390 per month if the child is thirteen years of age or older
and, in the opinion of the Director, the child requires child
care because of special circumstances.
(12) Subparagraph iii of paragraph 1 of subsection (2) does not
apply to child care expenses paid to a beneficiary in respect of whom
the recipient receives a benefit.
(13) An amount paid under a training program is deemed to be
income under paragraph 1 of subsection (2) and not a payment from
a training program under paragraph 8 of that subsection if it is sub-
ject to deductions in respect of income tax, Canada Pension Plan and
unemployment insurance. O. Reg. 528/89, s. 2 {4), part.
14.— (1) Subject to subsections (2), (3) and (4), an allowance shall
be paid to or on behalf of a recipient monthly in arrears and shall be
computed from the first day of the month following the month in
which the eligibility of the applicant is determined. O. Reg. 553/89,
s. 1.
(2) An allowance for an applicant who resides in a home for spe-
cial care established, licensed or approved under the Homes for Spe-
cial Care Act, or in a facility designated under the Developmental
Services Act shall be computed from the date of the applicant's
admission to the home or facility, as the case may be.
(3) Subject to subsection (4), where eligibility is determined after
the last day of the month in which the application was received by
the Director and delay in making the payment is caused by circum-
stances wholly beyond the control of the applicant, the Director may
direct that payment shall commence on an earlier date to be set by
the Director, but that date shall not be before the date on which the
Director receives the application or more than four months before
the date on which the Director determines the eligibility, whichever
is the later. R.R.O. 1980, Reg. 318, s. 14 (2, 3).
(4) Where a recipient ceases to be eligible for an allowance and
on a new application for an allowance the spouse of the former recip-
ient or another person caring for a dependent child or foster child of
the former recipient is eligible for an allowance, the allowance pay-
able to that person shall commence from the 1st day of the month in
which the new application is received by the Director. O. Reg.
709/84, s. 8.
(5) Where a recipient ceases to be eligible for an allowance, the
Director may nevertheless direct that the allowance be paid for the
calendar month immediately following the month in which the eligi-
bility ceased. R.R.O. 1980, Reg. 318, s. 14 (5).
IS.— (1) Despite sections 11 and 31, where the amount of any
payment is determined under sections 12 or 31 to be more than zero
and less than $2.50 in any month, the amount may be increased to
$2.50. R.R.O. 1980, Reg. 318, s. 15 (1).
(2) Despite section 11, where the amount of the allowance pay-
able to a recipient would be reduced to zero under section 13 by rea-
son of income that includes income from a training allowance paid
under a training program that is approved by the Director, the
amount of the allowance shall be continued at $2.50 per month so
long as the beneficiary continues to be approved by the Director for
the training program. O. Reg. 396/86, s. 5 (2).
(3) Despite section 11, where the amount of the allowance pay-
able to a recipient who is,
(a) a widow or widower;
(b) sixty years of age and over but under sixty-five years of age;
and
(c) eligible on the 1st day of September, 1985 or who would be
eligible on the 1st day of September, 1985 if an application
had been made on that date for a spouse's allowance pay-
able to a widow or widower under the Old Age Security Act
(Canada),
would be reduced to zero under section 13 by reason of income that
includes income from a spouse's allowance payable to a widow or
widower under the Old Age Security Act (Canada), the amount of
the allowance shall be continued at $2.50 per month so long as the
recipient remains otherwise eligible for an allowance until the recipi-
ent attains sbcty-five years of age. O. Reg. 484/85, s. 1; O. Reg.
742/86, s. 2, part.
(4) Despite section 11, where the amount of the allowance pay-
able in the month of January, 1987 to a recipient would be reduced
to zero under section 13 by reason of income that includes income
from a disability benefit under the Canada Pension Plan or the
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FAMILY BENEFITS
Reg./Règl. 366
Quebec Pension Plan (Quebec), the amount of the allowance shall
be continued at $2.50 per month so long as the recipient remains oth-
erwise eligible for an allowance. O. Reg. 742/86, s. 2,part.
(5) Despite section 11, the amount of a person's allowance shall
be $2.50 per month for any month in which,
(a) the person is not entitled to an allowance under section 1 1
because his or her income exceeds his or her budgetary
requirements but the person is otherwise entitled to an
allowance; and
(b) the person's income determined under section 13 does not
exceed his or her budgetary requirements determined
under section 12 or 31 , as the case may be, by,
(i) more than $50 per month for a single person,
(ii) more than $100 per month for a person with one or
more dependants.
(6) Despite section 1 1 , the amount of a person's allowance shall
be $2.50 per month for any month in which,
(a) the person is not entitled to an allowance under section 11
because his or her income exceeds his or her budgetary
requirements but the person is otherwise entitled to an
allowance;
(b) the person's income calculated under section 13 is less than
the sum of,
(i) the person's budgetary requirements calculated
under section 12 or 31, as the case may be, and
(ii) the value of any benefits the person would have
received under sections 21, 22 and 24 and subsection
30 (4) if the person were entitled to an allowance
under section 11.
(7) Despite subsection 17 (10), a person who receives an allow-
ance under subsection (5) or (6) is not eligible to receive a benefit
under section 27, 28, 29, 32, 33, 34, 35 or 36 or subsection 30 (1) or
(3). O. Reg. 528/89, s. 3.
16.— (1) The Director may determine that a beneficiary is not eli-
gible to receive a benefit or may cancel or suspend a benefit where
the applicant or recipient or spouse of the applicant or recipient is
unwilling to accept employment and in the opinion of the Director
suitable employment is available.
(2) The Director, having regard to a beneficiary's budgetary
requirements and his or her income, may vary or suspend an allow-
ance where a beneficiary is,
(a) a patient in a hospital;
(b) serving a term of imprisonment; or
(c) attending an educational institution of a class defined under
subsection 1 (4) and where his or her maintenance is being
paid for in whole or in part by a governmental agency
approved by the Director. R.R.O. 1980, Reg. 318,
s. 16(1,2).
(3) Where a person who was eligible for an allowance ceases to
be eligible for the allowance because of an increase in the value of
liquid assets, the amount recoverable under section 17 of the Act as a
sum to which the recipient was not entitled shall not exceed the dif-
ference between,
(a) the maximum value of the liquid assets that the recipient
and any other beneficiaries owned during the period of inel-
igibility; and
(b) the maximum value of the liquid assets permitted under
subsections 2 (1) and (3), section 3 and subsection 4 (1).
O. Reg. 360/83, s. 4.
17.— (1) An application for an allowance other than by a foster
parent on behalf of a foster child shall be made to the Director in
Form 1 of this Regulation or Form 1 of Regulation 537 of Revised
Regulations of Ontario, 1990 (General).
(2) An application by a foster parent for an allowance on behalf
of a foster child shall be made to the Director in Form 2 of this Regu-
lation or Form 2 of Regulation 537 of Revised Regulations of
Ontario, 1990 (General).
(3) An application under subsection (1) or (2) shall be accompa-
nied by a consent to disclose and verify information in Form 3 of this
Regulation or Form 3 of Regulation 537 of Revised Regulations of
Ontario, 1990 (General).
(4) An application for an allowance payable to a person referred
to in clause 7 (1) (c) or (e) of the Act or subsection 2 (5) of this Reg-
ulation shall be accompanied by a report of a legally qualified medi-
cal practitioner in Form 4 of this Regulation, Form 4 of Regulation
537 of Revised Regulations of Ontario, 1990 (General) or Form 2 of
Regulation 1095 of Revised Regulations of Ontario, 1990 (General),
but, where the applicant is a blind person, the report shall be in
Form 5 of this Regulation. O. Reg. 136/85, s. 1 (1).
(5) Where applicable, an applicant shall furnish, to the satisfac-
tion of the Director,
(a) proof of the date of birth of the applicant and any benefi-
ciary for whom an allowance would be provided under the
application;
(b) proofof marriage; and
(c) proof of the death of the spouse or of a parent of a depen-
dent child or foster child in respect of whom an application
is made.
(6) Where the applicant by reason of physical or mental disability
is unable to make the application in person, the application may be
made by the spouse or some other responsible person acting on
behalf of the applicant.
(7) An application for a benefit under section 38 shall be made to
the Director in Form 6.
(8) An application for a benefit under section 39 shall be made to
the Director in Form 7.
(9) Despite subsections (1), (2) and (7), where, within one year
preceding the date of application, an applicant applied for a benefit
in Form 1, 2 or 6 or received a benefit, an application for a benefit
may be made to the Director in a form provided by the Director.
R.R.O. 1980, Reg. 318, s. 17 (5-9).
(10) A person who applies for an allowance under this section
shall be deemed to have applied for the benefits referred to in sec-
tions 21, 22, 24, 27, 28, 29, 30, 32, 33, 34 and 35. O. Reg. 136/85,
s. 1 (2).
18.— (1) In this section "intake authority" means a field worker or
any other person designated by the Director. R.R.O. 1980, Reg.
318, s. 18(1).
(2) An intake authority shall ensure that the application is filled
out and completed by or on behalf of the applicant and the applicant,
subject to subsection 17 (6), shall sign the application in the presence
of the intake authority. R.R.O. 1980, Reg. 318, s. 18 (2); O. Reg.
825/84, s. 6.
(3) The intake authority shall immediately send the completed
application and any supporting material to the Director. R.R.O.
1980, Reg. 318, s. 18 (3).
(4) An intake authority shall, at the request of the Director,
(a) make a visit to the home of an applicant for the purpose of
inquiring into the living conditions and financial and other
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Reg./Règl. 366
circumstances of the applicant and any dependants of the
applicant;
(b) verily any statements in an application for a benefit;
(c) where any child of an applicant or recipient is receiving or
may receive a benefit, review the circumstances under
which the child is being cared for;
(d) review the capacity of an applicant or recipient to manage
an allowance;
(e) make a visit to the home of a recipient for the purpose of
preparing a report on any circumstances of the recipient
that might affect the eligibility of the recipient for the
amount of or continuance of a benefit or any other matter
relating thereto; and
(f) counsel and assist any applicant or recipient assigned to the
intake authority in any matter relating to a benefit.
O. Reg. 709/84, s. 10.
(5) An intake authority shall not charge any fee to or receive any
remuneration from or on behalf of any beneficiary or applicant in
respect of any duty that he or she performs or service that he or she
renders under the Act or the regulations. R.R.O. 1980, Reg. 318,
s. 18 (5).
19.— (1) A decision of the Director made under the direction of
the board of review or an appellate court shall take effect from the
date of the Director's original decision, order or directive, as the case
may be, that was the subject of the review or appeal. R.R.O. 1980,
Reg. 318, s. 19.
(2) Clause 5 (c) does not apply where the board of review or an
appellate court determines that an applicant or recipient was eligible
for an allowance during a period of time in respect of which the
applicant or recipient received general assistance under the General
Welfare Assistance Act. O. Reg. 360/83, s. 5.
20.— (1) A medical advisory board is continued consisting of three
or more persons appointed by the Minister at least one of whom shall
be a legally qualified medical practitioner. R.R.O. 1980, Reg. 318,
s. 20(1).
(2) The Minister shall designate as chair of the board any person
appointed under subsection (1). O. Reg. 216/84, s. 5.
(3) The medical advisory board shall,
(a) investigate the eligibility of an applicant or recipient under
clause 7 (1) (c) or (e) of the Act, and for this purpose shall,
(i) review medical evidence submitted in support of the
application,
(ii) receive any additional evidence necessary to make a
complete report under subclause (iii),
(iii) report to the Director as to whether the applicant or
recipient is a blind person, a disabled person or a
permanently unemployable person or under what
conditions he or she would become employable; and
(b) determine if the spouse of the applicant or recipient is a
blind person, a disabled person or a permanently unem-
ployable person for the purposes of paragraph 10 of subsec-
tion 12 (5). R.R.O. 1980, Reg. 318, s. 20 (3); O. Reg.
459/82, s. 10.
21. A beneficiary is entitled without cost to receive insured ser-
vices in accordance with the Health Insurance Act and the regulations
thereunder. R.R.O. 1980, Reg. 318, s. 21.
22. Any beneficiary or class thereof, other than a person who is
eligible for a drug benefit under section 25, may be entitled to dental
services under any agreement in writing in force from time to time
between the Crown in right of Ontario and the Ontario Dental
Association. O. Reg. 709/84, s. 11.
23. In sections 24 and 25, "dispensary" means a person or facility
in Ontario approved by the Minister of Health to dispense drugs.
O. Reg. 165/86, s. l,part.
24.— (1) Ontario shall pay on behalf of a person resident in
Ontario,
(a) who is a beneficiary who is not eligible for a drug benefit
under section 25;
(b) who is eligible for general assistance under the General Wel-
fare Assistance Act; or
(c) who is a "dependant", within the meaning of subsection
1 (1) of Regulation 537 of Revised Regulations of Ontario,
1990, of a person referred to in clause (b),
an amount that is equal to the cost determined by the Minister of
drugs prescribed for the person by a legally qualified medical practi-
tioner or member of the Royal College of Dental Surgeons of
Ontario where the drugs have been,
(d) approved by the Minister of Health; and
(e) purchased by or on behalf of the person from a dispensary
during any month in which the applicant or recipient, in
whose allowance or general assistance the person is
included, is eligible for the allowance or the general assis-
tance.
(2) A payment under this section is a class of benefit other than
an allowance.
(3) An application for general assistance under the General Wel-
fare Assistance Act shall be deemed to be an application for a benefit
payable under subsection (1) and shall be deemed to be received by
the Director in accordance with section 9 of the Act. O. Reg.
165/86, s. \,part.
25.— (1) Ontario shall pay on behalf of a person resident in
Ontario,
(a) who is eligible for a pension payable under Part I of the Old
Age Security Act (Canada);
(b) who has attained the age of sixty-five years, is approved by
the Minister of Health and has been a resident of Ontario
for the twelve consecutive months immediately preceding
the date of the approval;
(c) who is eligible for extended care services or home care ser-
vices under the Health Insurance Act; or
(d) who is a resident of a home for special care under the
Homes for Special Care Act and who is not eligible for an
allowance,
an amount that is equal to the cost determined by the Minister of
drugs prescribed for the person by a legally qualified medical practi-
tioner or member of the Royal College of Dental Surgeons of
Ontario, where the drugs have been,
(e) approved by the Minister of Health;
(f) in the case of a person referred to in clause (a) or (b), pur-
chased by or on behalf of that person from a dispensary at
any time during or after the month next following the
month in which the person,
(i) first receives payment of a monthly pension under
Part I of the Old Age Security Act (Canada), or
(ii) is approved by the Minister of Health,
as the case may be;
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FAMILY BENEFITS
Reg./Règl. 366
(g) in the case of a person referred to in clause (c), purchased
by or on behalf of that person from a dispensary during any
month in which the person is eligible for extended care ser-
vices or home care services; and
(h) in the case of a person referred to in clause (d), purchased
by or on behalf of that person from a dispensary during any
month in which the person is a resident of a home for spe-
cial care,
so long as the person continues to reside in Ontario. O. Reg.
165/86, s. 2, part.
(2) A payment under this section is a class of benefit other than
an allowance and each person eligible for the benefit shall be deemed
to be a person in need. R.R.O. 1980, Reg. 318, s. 25 (2).
(3) An application for,
(a) a pension payable under Part I of the Old Age Security Act
(Canada);
(b) an increment under the Ontario Guaranteed Annual Income
Act;
(c) extended care services or home care services under the
Health Insurance Act; or
(d) admission to a home for special care under the Homes for
Special Care Act,
shall be deemed to be an application for a benefit payable under sub-
section (1) and shall be deemed to be received by the Director in
accordance with section 9 of the Act. O. Reg. 165/86, s. 2, part.
26. An application for a benefit payable under subsection 24 (1)
or 25 (1) to a person other than the Director shall be deemed to be
an application received by the Director in accordance with section 9
of the Act. O. Reg. 165/86, s. 3,part.
27.— (1) Subject to subsection (2), any person who ceases to be
eligible for an allowance may, as determined by the Director, con-
tinue to be entitled to receive any benefit under sections 21 and 22
for such period as the Director may determine up to three months
after his or her eligibility for the allowance ceased. '
(2) A person who ceases to be eligible for an allowance by reason
of imprisonment or by reason of admission as a patient or resident of
a hospital or other institution may, as determined by the Director,
continue to be entitled to receive any benefit under sections 21 and
22 that he or she was entitled to receive before the imprisonment or
admission. R.R.O. 1980, Reg. 318, s. 26.
28.— (1) For the purposes of this section, "dependant" means a
dependent child and includes a foster child for whom an allowance is
payable to the recipient under clause 7 (1) (f) of the Act. R.R.O.
1980, Reg. 318, s. 27(1).
(2) An applicant or recipient who is eligible for an allowance in
the month of August in any calendar year and who has one or more
dependants shall be paid annually, in addition to the amount of the
allowance, an amount equal to,
(a) $66 for each dependant who attains the age of four years or
more but who has not attained the age of thirteen years in
the calendar year in which the amount is paid; and
(b) $123 for each dependant who attains the age of thirteen
years or more in the calendar year in which the amount is
paid. R.R.O. 1980, Reg. 318, s. 27 (2); O. Reg. 634/81,
s. 3; O. Reg. 847/82, s. 5; O. Reg. 784/83, s. 5; O. Reg.
825/84, s. 9; O. Reg. 676/85, s. 2; O. Reg. 740/86, s. 2;
O. Reg. 712/87, s. 2 (1); O. Reg. 746/88, s. 2 (1); O. Reg.
686/89, s. 3 (1); O. Reg. 680/90, s. 2 (1, 2).
(3) An applicant or recipient who is eligible for an allowance in
the month of October in any year and who has one or more depend-
ants shall be paid in that month, in addition to the amount of the
allowance, an amount equal to $102 for each of his or her
dependants. O. Reg. 680/90, s. 2 (3).
(4) A payment under this section is a class or benefit other than
an allowance. R.R.O. 1980, Reg. 318, s. 27 (3).
29.— (1) For the purpose of this section, "training program"
means a training program located in Ontario as part of the Ministry
of Community and Social Services' project for the training of recipi-
ents who are parents with dependent children and that has been
approved for a specified number of trainees,
(a) jointly by the Department of Employment and Immigration
of the Government of Canada and the Ministry of Commu-
nity and Social Services of the Government of Ontario; or
(b) by the Ministry of Community and Social Services where
the training program is not available through the sponsor-
ship of the Department of Manpower and Immigration.
R.R.O. 1980, Reg. 318, s. 28 (1); O. Reg. 709/84, s. 13.
(2) In addition to an allowance, a recipient who is a parent with a
dependent child and who is enrolled in a training program for which
he or she has been approved, subject to subsection (3), by the Direc-
tor, may be paid an amount considered by the Director to be reason-
able and necessary for any expenses determined by the Director to
be necessary for the parent to take the program.
(3) The Director shall not approve a recipient under subsection
(2) for enrolment in a training program in which there is already
enrolled the maximum number of trainees for which the program has
been approved under subsection (1).
(4) A payment under subsection (2) is a class of benefit other
than an allowance. R.R.O. 1980, Reg. 318, s. 28 (2-4).
30.— (1) Subject to subsection (2), where the Director determines
that repairs to premises which are used as the recipient's residence
and owned by the recipient or by a beneficiary included in the recipi-
ent's allowance are necessary in order to enable the recipient to con-
tinue to reside in the premises and, where the Director gives his or
her approval before any expenditure is incurred, there may be paid
to the recipient, in addition to an allowance, an amount considered
by the Director to be reasonable and necessary for such repairs.
(2) No payment for repairs shall be made under this section,
(a) where the recipient has received a loan through the Ontario
Home Renewal Program authorized by Regulation 641 of
Revised Regulations of Ontario, 1990 made under the
Housing Development Act or through the Residential Reha-
bilitation Assistance Program authorized by section 51 of
the National Housing Act (Canada) in respect of the same
item of repair;
(b) for the cost of digging a well;
(c) for the cost of internal renovation or remodelling except
where, in the opinion of the Director, such renovation or
remodelling is necessary to ensure privacy;
(d) for the cost of new foundations for the premises;
(e) for the cost of a new furnace except where the Director is
satisfied that the existing furnace is unsafe for the occupants
of the premises;
(f) for the cost of materials for insulation unless the Director is
satisfied that the thermal insulation of the premises will
meet the minimum standards set out in section 9.26 of Reg-
ulation 61 of Revised Regulations of Ontario, 1990 made
under the Building Code Act, and that the cost of such
materials is reasonable in relation to the estimated future
saving in the cost of heating the premises; or
(g) where, in the opinion of the Director, the market value of
the premises does not warrant incurring the cost of such
repairs.
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Reg./Règl. 366
(3) Despite subsection (1), where an expenditure has been
incurred without the prior approval of the Director, a payment may
be made where the Director is satisfied that owing to the urgent
nature of the repair work the recipient was unable to obtain the prior
approval of the Director.
(4) In addition to a benefit under section 38 or an allowance,
Ontario may pay on behalf of a beneficiary an amount considered by
the Director to be reasonable and necessary for the purchase,
replacement or repair, in a manner approved by the Director, of eye-
glasses or hearing aids that are for the exclusive use of a beneficiary
of the benefit under section 38 or the allowance, as the case may be.
(5) A payment under this section is a class of benefit other than
an allowance. R.R.O. 1980, Reg. 318, s. 29.
31.— (1) This section applies to an applicant or recipient who is,
(a) a blind or disabled person; or
(b) a person referred to in clause 7 (1) (a) or (b) of the Act or
subsection 2 (5), (6) or (11) of this Regulation. O. Reg.
847/82, s. 6, part; O. Reg. 690/83, s. 7 (1); O. Reg. 526/89,
s. 5 (1).
(2) The budgetary requirements of an applicant or recipient to
whom this section applies and who receives board and lodging from
the same source and the source is not providing the board and lodg-
ing for a profit shall be the greater of,
(a) an amount determined in accordance with subsection (3);
or
(b) an amount determined in accordance with section 12.
O. Reg. 825/84, s. 10 (1); O. Reg. 686/89, s. 4 (1).
(3) For the purposes of clause (2) (a), the amount shall be,
(a) $590, where the applicant or recipient is a single person;
(b) $897, if the applicant or recipient is a married person and,
i. only one spouse is a blind person, a disabled person
or a person referred to in subsection 2 (5) or (6), or
ii. at least one spouse is a person referred to in clause
7 (1) (a) of the Act; or
(c) $1,180, where the applicant or recipient is a married person
and both spouses are,
(i) blind or disabled persons, or
(ii) persons referred to in subsection 2 (5) or (6).
(4) Where the applicant or recipient has one or more dependent
children, an amount determined in accordance with Schedule D shall
be added to the amount determined under subsection (3). O. Reg
746/88, s. 3 (1); O. Reg. 526/89, s. 5 (2); O. Reg. 686/89, s. 4 (2);
O. Reg. 680/90, s. 3 (1), revised.
(5) The budgetary requirements of an applicant or recipient shall
be the greater of the amount determined in accordance with subsec-
tion (6) and the amount determined in accordance with section 12 if
the applicant or recipient receives board and lodging from the same
source and the source,
(a) is supplying the board and lodging for profit; or
(b) is an agency approved by the Director and operated by a
corporation incorporated under Part III of the Corporations
Act. O. Reg. 686/89, s. 4 (3).
(6) For the purposes of clause (5) (a), the amount shall be,
(a) $638, where the applicant or recipient is a single person;
(b) $970, if the applicant or recipient is a married person and.
i. only one spouse is a blind person, a disabled person
or a person referred to in subsection 2 (5) or (6), or
ii. at least one spouse is a person referred to in clause
7 (1) (a) of the Act; or
(c) $1,276, where the applicant or recipient is a married person
and both spouses are,
(i) blind or disabled persons, or
(ii) persons referred to in subsection 2 (5) or (6).
(7) Where the applicant or recipient has one or more dependent
children, an amount determined in accordance with Schedule E shall
be added to the amount determined under subsection (6). O Reg
746/88, s. 3 (2); O. Reg. 526/89, s. 5 (3); O. Reg. 686/89, s. 4 (4);
O. Reg. 680/90, s. 3 (2), revised.
(8) The budgetary requirements of an applicant or recipient to
whom subsections (2) and (5) do not apply shall be the greater of,
(a) the amount determined in accordance with section 12; and
(b) the amount that is the sum of the amount for basic allow-
ance determined in accordance with Schedule F, the
amount for basic shelter determined in accordance with
Schedule G and the amount determined under paragraph 7
or 9, as the case may be, of subsection 12 (5).
(9) The basic shelter allowance of an applicant or recipient to
whom subsection (8) applies shall be increased by $55 if the applicant
or recipient is a married person and both spouses are blind or dis-
abled persons or persons referred to in subsection 2 (5) or (6).
(10) Where the budgetary requirements of the applicant or recip-
ient are calculated in accordance with subsection (8) and both the
applicant or recipient and his or her spouse are blind, disabled or
persons referred to in subsection 2 (5) or (6), the total amount paid
in respect of the following items.shall not exceed $1,465:
1 . The amount paid in respect of the applicant or recipient and
the spouse for basic allowance, basic shelter and for the
variable shelter allowance.
2. The amount paid in accordance with subsection (9)
O. Reg. 686/89, s. 4 (5); O. Reg. 680/90, s. 3 (3).
(11) For the purpose of computing the amount of the allowance
under section 11, where an applicant or recipient to whom this sec-
tion applies or the spouse or a dependent child of such applicant or
recipient has a guide dog as defined in the Blind Persons' Rights Act,
the budgetary requirements of such applicant or recipient shall be
increased by an amount equal to the amount determined in accor-
dance with paragraph 16 of subsection 12 (5). O. Reg. 360/83
s. 6 (3).
32.— (1) In this section, "dependent child" includes a foster child
in respect of whom a benefit is provided under clause 7 (1) (f) of the
Act. R.R.O. 1980, Reg. 318, s. 32 (1).
(2) There may be paid to a recipient an amount determined by
the Director not less than $25 a month and not in excess of $350 a
month in respect of each of the recipient's dependent children who,
(a) is a beneficiary;
(b) is, in the opinion of the Director, severely handicapped;
(c) has not attained the age of eighteen years; and
(d) resides with the recipient. R.R.O. 1980, Reg. 318,
s. 32 (2); O. Reg. 634/81, s. 5; O. Reg. 784/83, s. 7;
O. Reg. 676/85, s. 4; O. Reg. 712/87, s. 4; O. Reg. 686/89,
s. 6; O. Reg. 680/90, s. 4, revised.
(3) In making a determination under subsection (2), the Director
shall consider all the circumstances of the recipient including.
703
Reg./Règl. 366
FAMILY BENEFITS
Reg./Règl. 366
(a) the age of the child;
(b) the extent to which the child is severely limited in activities
pertaining to normal living, including, but not necessarily
limited to, the ability to walk, communicate with others,
feed himself or herself, or bathe himself or herself; and
(c) the expenses which the recipient is incurring or might incur
solely by reason of the severe handicap of the child.
(4) A payment under this section is a class of benefit other than
an allowance. R.R.O. 1980, Reg. 318, s. 32 (3, 4).
33. Ontario shall pay, on behalf of an applicant or recipient, the
cost of completion of a medical report in the amount of,
(a) $15 if it is a report in Form 4 prepared under subsection
17 (4);
(b) $25 if it is a report in Form 5 prepared under subsection
17 (4); and
(c) $15 if it is a report supplementary to a report prepared
under subsection 17 (4) and it is submitted by a physician at
the request of the Director. O. Reg. 553/89, s. 2.
34.— (1) Where a person referred to in subsection 2 (6) is required
to change his or her place of residence in order to obtain and receive
assessment or training under a vocational rehabilitation program
established under section 5 of the Vocational Rehabilitation Services
Act while maintaining the person's normal place of residence, there
may be paid to the applicant or recipient in addition to an allowance,
an amount determined by the Director up to a maximum of $441.
O. Reg. 712/87, s. 5; O. Reg. 746/88, s. 4; O. Reg. 686/89, s. 7;
O. Reg. 680/90, s. 5.
(2) A person who,
(a) is not eligible for an allowance;
(b) is, with the approval of the Director of the Vocational
Rehabilitation Services Branch of the Ministry of Commu-
nity and Social Services, enrolled in an assessment or train-
ing program established under section 5 of the Vocational
Rehabilitation Services Act; and
(c) is a resident or patient in an institution under the Mental
Hospitals Act,
may be paid for transportation or work-related expenses,
(d) an amount determined by the Director but not exceeding
$100; and
(e) where the person is sbcty-five years of age or older, an addi-
tional amount of $12. O. Reg. 216/84, s. 7, part; O. Reg.
498/84, s. 2; O. Reg. 706/84, s. 2; O. Reg. 380/87, s. 2.
(3) A payment under this section is a class of benefit other than
an allowance. O. Reg. 216/84, s. 7, part.
35.— (1) Where a recipient who has been a resident in an institu-
tion approved by the Director is discharged or is about to be dis-
charged from the institution in order to establish a permanent resi-
dence in the community and in the opinion of the Director needs
financial assistance in establishing the residence, there may be paid
to the recipient, in addition to an allowance, a benefit up to a maxi-
mum amount of $775. O. Reg. 740/86, s. 5; O. Reg. 712/87, s. 6;
O. Reg. 746/88, s. 5; O. Reg. 686/89, s. 8; O. Reg. 680/90, s. 6.
(2) A payment under this section is a class of benefit other than
an allowance. R.R.O. 1980, Reg. 318, s. 35 (2).
36.— (1) If a recipient or a spouse begins employment other than
in a training program or changes employment, there shall be paid to
the recipient, in addition to an allowance, a benefit determined by
the Director for expenses reasonably necessary to begin or change
employment, up to a maximum in any twelve-month period in
respect of any one person of $250.
(2) If a recipient or a spouse begins or changes employment and,
in the opinion of the Director, the person is required to pay in
advance for child care that is reasonably necessary to permit the per-
son to begin or change employment, there may be paid to the recipi-
ent, in addition to an allowance, a benefit up to a maximum in any
twelve-month period of the amount that he or she would be entitled
to as a deduction for child care under section 13.
(3) The benefit under subsection (2) is not a reimbursement for
child care expenses for the purposes of determining income under
subsection 13 (2). O. Reg. 528/89, s. 4.
37. For the purpose of subsection 5 (2) of the Act and subject to
subsection 12 (4), the budgetary requirements of an applicant or
recipient for shelter shall be the amount of current rent for which the
applicant or recipient is liable to the authority or agency, as the case
may be, in respect of persons who are beneficiaries. R.R.O. 1980,
Reg. 318, s. 37.
38.— (1) In this section,
"family income" means, except as determined in subsection (4), the
aggregate of the amount of incorrie for the taxation year next pre-
ceding that during which a benefit is paid or is to be paid of,
(a) the applicant for the benefit or the parent of a beneficiary
under this section,
(b) the spouse of the applicant or the parent of a beneficiary
who resides with the applicant or parent, and
(c) the severely handicapped child;
"income" means the amount of total income declared by a person on
the person's return of income as required by section 150 of the
Income Tax Act (Canada) as being the person's total income for
the applicable taxation year;
"parent" means the father or mother of a child, and includes a
guardian and a person who has demonstrated a settled intention to
treat the child as a child of his or her family. R.R.O. 1980, Reg.
318, s. 3S(1), revised.
(2) There may be paid to a parent who is not eligible for an allow-
ance a benefit on behalf of his or her child in an amount determined
by the Director not less than $25 a month and not in excess of $350 a
month in respect of each child who,
(a) is, in the opinion of the Director, severely handicapped;
(b) has not attained the age of eighteen years; and
(c) resides with the parent. R.R.O. 1980, Reg. 318, s. 38 (2);
O. Reg. 634/81, s. 8; O. Reg. 784/83, s. 10; O. Reg.
676/85, s. 7; O. Reg. 712/87, s. 7; O. Reg. 686/89, s. 9;
O. Reg. 680/90, s. 7, revised.
(3) In making a determination under subsection (2), the Director
shall consider all the circumstances of the applicant or the parent of a
beneficiary, including,
(a) the age of the child;
(b) the family income;
(c) the extent to which the child is severely limited in activities
pertaining to normal living, including, but not necessarily
limited to, the ability to walk, communicate with others,
feed himself or herself, or bathe himself or herself; and
(d) the expenses which the applicant or the parent of a benefi-
ciary is incurring or might incur solely by reason of the
severe handicap of the child.
(4) For the purpose of verifying family income, the applicant or
the parent of a beneficiary, as the case may be, shall when required
by the Director provide the Director with a copy of the applicant's or
parent's return of income and, where applicable, a copy of the
returns of income of the spouse of the applicant or parent of a bene-
704
Reg./Règl. 366
PRESTATIONS FAMILIALES
Reg./Règl. 366
ficiary and the severely handicapped child, filed or to be filed with
the Minister of National Revenue, for the taxation year next preced-
ing that during which the benefit is paid or is to be paid.
(5) Despite subsection (4), for the purpose of subsection (3), the
Director may determine the amount of the family income,
(a) where the family income includes income from a farming or
other business or from self-employment;
(b) where the family income in the taxation year in which the
benefit is or is to be paid is less than the family income for
the immediately preceding taxation year;
(c) where the applicant or parent of a beneficiary, or spouse of
the applicant or parent of a beneficiary or the severely
handicapped child did not file a return of income by reason
of being a non-resident of Canada during the immediately
preceding taxation year; or
(d) where the applicant or parent of a beneficiary or spouse of
the applicant or parent of a beneficiary or the severely
handicapped child is unable for any other reason to provide
a copy of the person's return of income for the immediately
preceding taxation year to the Director.
(6) Where an applicant for a benefit under this section is in
receipt of a benefit for one or more severely handicapped children
pursuant to an Order in Council made under section 8 of the Act, the
Director may determine that a benefit be paid under this section.
(7) Despite section 21, a child on whose behalf a benefit is paid
under this section is not entitled without cost to receive insured ser-
vices in accordance with the Health Insurance Act, and the regula-
tions thereunder.
(8) A payment under this section is a class of benefit other than
an allowance. R.R.O. 1980, Reg. 318, s. 38 (3-8).
39.— (1) In this section,
"active treatment hospital" means a hospital listed in Schedule 1,
Part I of Schedule 1 or Part I of Schedule 2 to Regulation 552 of
Revised Regulations of Ontario^ 1990 made under the Health
Insurance Act; ._..
"chronic care services" means chronic care services as defined in
subsection 6(1) of Regulation 552 of Revised Regulations of
Ontario, 1990 made under the Health Insurance Act;
"chronic care unit" means a chronic care unit as defined in subsec-
tion 6(1) of Regulation 552 of Revised Regulations of Ontario,
1990 made under the Health Insurance Act;
"dependant" means,
(a) a spouse who was cohabiting with the applicant,
(i) immediately prior to the applicant being admitted to
a chronic care unit, or
(ii) where the applicant was transferred to a chronic care
unit from an active treatment hospital, immediately
prior to the applicant being admitted to the active
treatment hospital, or
(b) a child under eighteen years of age;
"spouse", despite the defmition of "spouse" in subsection 1 (I),
means,
(a) either of a man and a woman being married to each other,
and
(b) either of a man and a woman not being married to each
other who have been cohabiting in a relationship of some
permanence for not less than one year,
but does not include a person who is receiving benefits under the
Old Age Security Act (Canada) or the Ontario Guaranteed Annual
Income Act.
(2) Where a person is receiving chronic care services and a co-
payment is prescribed to be made by the person under subsection
6 (8) of Regulation 552 of Revised Regulations of Ontario, 1990,
made under the Health Insurance Act, the Director may determine in
accordance with Form 7 that the person is eligible for a certificate of
exemption from payment of all or part of the amount of the co-pay-
ment so assessed.
(3) A certificate of exemption under this section is a class of ben-
efit other than an allowance. R.R.O. 1980, Reg. 318, s. 39.
40. Where a determination is made under this Regulation by the
Director, the determination is prescribed to be a power of the
Director. O. Reg. 360/83, s. 7.
41.— (1) The budgetary requirements of an applicant or recipient
who shares accommodation with one or more persons who are not
beneficiaries of any allowance payable to the applicant or recipient
shall, despite sections 12 and 31, be reduced by an amount that, sub-
ject to subsection (2), is equal to the greater of,
(a) the difference between the budgetary requirements of the
applicant or recipient calculated as if the applicant or recipi-
ent was responsible for the entire cost of shelter and energy
for heat, and those requirements calculated by allocating
one equal share of such cost to each of the one or more per-
sons and to the applicant or recipient and any spouse
included as a beneficiary; or
(b) $40. O. Reg. 589/87, s. 6,part; O. Reg. 548/88, s. 4.
(2) Where an applicant or recipient whose budgetary require-
ments are calculated under paragraph 1 of subsection 12 (5), would,
by the application of subsection (1), have his or her budgetary
requirements reduced below the appropriate amount shown as mini-
mum in Schedule A or B, as the case may be, the budgetary require-
ments of the applicant or recipient shall be equal to the appropriate
minimum amount shown in Schedule A or B, as the case may be.
(3) This section does not apply to an applicant or recipient,
(a) who has his or her budgetary requirements determined or
computed under subsection 12 (6), (8), (9), (12), (14) or
(16);
(b) who has been eligible for an allowance under this Act or
assistance under the General Welfare Assistance Act contin-
uously since the 31st day of October, 1987 and who, prior to
the 1st day of November, 1987, had advised the Director or
a welfare administrator appointed under section 4 of the
General Welfare Assistance Act that he or she was sharing
accommodation with one or more persons who were not
beneficiaries of any allowance payable to the applicant or
recipient; or
(c) to whom subsection 12 (4) applies.
(4) Where subsection (1) applies, a share of the costs referred to
in clause (a) of that subsection shall not be allocated to,
(a) a person who lives with and provides daily physical assis-
tance on an ongoing basis to a beneficiary, where the assis-
tance is necessary to allow the beneficiary to function in a
community setting and where the beneficiary is a blind per-
son, disabled person or a permanently unemployable per-
son;
(b) a person to whom the applicant or recipient provides lodg-
ing, where the person provides income that is included or
exempted, as the case may be, under section 13; or
(c) a person who provides lodging, with or without meals, to
the applicant or recipient. O. Reg. 589/87, s. 6, part.
705
Reg./Règl. 366
FAMILY BENEFITS
Reg./Règl. 366
Schedule A
Schedule D
AMOUNTS FOR BASIC NEEDS
AMOUNTS FOR BOARD AND LODGING (PROFIT •)
Number of
Dependent
Children
One Adult Person
Two Adult Persons
Minimum
Maximum
Minimum
Maximum
0
1
2
3
374
588
726
837
441
734
846
951
581
719
832
928
723
836
943
1048
This Schedule indicates the amounts for one or two adults and the
three oldest dependent children in a family. For each child in
excess of three children, add an amount up to $110.
•Refer to paragraph 1 of subsection 12 (5)
O. Reg. 680/90, s. 9,,part.
Schedule B
AMOUNTS FOR BASIC NEEDS
BOARD AND LODGING (NON-PROFIT *)
Number of
Dependent
Children
One Adult Person
Two Adult Persons
Minimum
Maximum
Minimum
Maximum
0
1
2
3
374
588
726
837
402
670
772
868
581
719
832
928
659
760
856
952
This Schedule indicates the amounts for one or two adults and the
three oldest dependent children in a family. For each dependent
child in excess of three children, add an amount up to $100.
•Refer to paragraph 2 of subsection 12 (5)
O. Reg. 680/90, s. 8, part.
Schedule C
AMOUNTS FOR BASIC ALLOWANCE
(FOR RENTERS AND OWNERS *)
Number of
Dependent
Children
13 Years
and Over
0-12
Years
One Adult
Person
Two Adult
Persons
0
0
0
$304
$571
1
0
1
1
0
552
602
676
722
2
0
1
2
2
1
0
657
707
753
798
844
890
This Schedu
two oldest d
dependent c
appropriate
as follows:
(a) 13 y
(b) 0-1
* Refer to \
e indicates the amounts for one or two adults and the
;pendent children in a family. For each additional
liild in the family in excess of two children, add to the
amount set out in the Schedule for a family with two
;ars and over $168
2years 122
)aragraph 4 of subsection 12 (5).
ADDITIONAL AMOUNTS FOR BASIC NEEDS OF
DEPENDENT CHILDREN
(BOARD AND LODGING-NON-PROFIT •)
A. Family with One Adult Beneficiary
1. First Dependent Child
2. For each additional Dependent
Child, add to the amount in
Item 1
Age of
Dependent Children
13 Years and
Over
0-12 Years
$343
165
$294
123
B. Family with Two Adult
Beneficiaries
1. For each Dependent Child, add
$165
$123
* Refer to subsections 31 (3) and (4)
O. Reg. 680/90, s. i,part.
Schedule E
ADDITIONAL AMOUNTS FOR BASIC NEEDS OF
DEPENDENT CHILDREN
(BOARD AND LODGING-PROFIT *)
A. Family with One Adult Beneficiary
1. First Dependent Child
2. For each additional Dependent
Child, add to the amount in
Item 1
Age of
Dependent Children
13 Years and
Over
0-12 Years
$372
180
$321
133
B. Family with Two Adult
Beneficiaries
1. For each Dependent Child, add
$180
$133
* Refer to subsections 31 (6) and (7)
O. Reg. 680/90, s. 8,/jart.
O. Reg 680/90, s. 8, part.
706
Reg./Règl. 366
PRESTATIONS FAMILIALES
Reg./Règl. 366
Schedule F
AMOUNTS FOR BASIC ALLOWANCE
(FOR RENTERS, OWNERS •)
Number of
Dependent
Children
13 Years
and Over
0-12
Years
1 Adult,
see note 1,
below
2 Adults,
see note 2,
below
2 Adults,
see note 3,
below
0
0
0
$501
$768
$1,002
1
0
1
1
0
749
799
873
919
1,107
1,153
2
0
1
2
2
1
0
854
904
950
995
1,041
1,087
1,229
1,275
1,321
This Schedul
two oldest de
dependent cl
appropriate ;
dependent cl
(a) 13 ye
(b) 0-12
• Refer to su
1. One ad
2. Applic
defined
3. Applic
disable
e indicates the amounts for one or two adults and the
pendent children in a family. For each additional
lild in the family in excess of two children, add to the
imount set out in the Schedule for a family with two
lildren as follows:
arsandover $168
.years 122
bsection 31 (8).
ult person as defmed in subsection 31 (1).
int or recipient and spouse, one of whom is a person
in subsection 31 (1).
int or recipient and spouse both of whom are blind,
d or persons referred to in subsection 2 (5) or 2 (6).
Schedule G
AMOUNTS FOR BASIC SHELTER ALLOWANCE
(RENTERS AND OWNERS*)
Family Size
Amount
1
$120
2
185
3
210
4
220
5
230
64-
240
Refer to paragraph 4 of subsection 12 (5) and subsection 31 (8).
O. Reg. 686/89, s. \0,part.
O. Reg. 680/90, s. 8, part.
707
Reg./Règl. 366
FAMILY BENEFITS
Reg./Règl. 366
Form 1
Oitario
Ministry of
Community and
Social Services
Application for
Assistance under the General Welfare Assistance Act
An Allowance under the Family Benefits Act
Hat ih« applicant pravioutly appt«d tor aiMianca urxJar iha Gmttra/ MMEar* AssiMana» Aaor an atlowanca under tha Famty BtnEtts Aa?
G no n y**. previda datails:
Data and location of mott racani application
Last paymani racaivad
Amount
«
Data
Famity Benefiis Act
Q aoa 65 or mora
Q 6&«4yavotd
Q dMblad. blind. p*rmar>antty unamployabia
Q aota support parant
Q Vocational RahabAtaSon Sarvioas
Q otttar. provtda d
Genera/ Welfare Assistance Act
Q irtablilty to obtain ragular amploymani
D haad at family whoaa spouaa is absant
D dis^My
D "«■O»
D studam
t IW»»I(Im>
What it your praaant
narital status
Applicwil
a Mr QMtl
Surnama Firti nama
Sacondnama
D mamad|lag«yl
a daaanad
D spousal
D dimrcad
a «doMd
DMl. D Miu
Alumala or prewoua nama (indudir^ majdan nama)
Addrvtt
Postal coda
1 1 1 1 1
BinriOa»
? 1 >; 1
V
3ara of birth vanfiad Typa ol proof saan
□ no □ ya«
Social insuranca numbar
1 1 1— 1 1 1
— 1 1 1
Haiilh numbw ,
(•«plicanll 1
1 1 1 1 1 I 1 _L__i_ i L
Edi>r:alion (highatt laval achiavad)
Haaldi
D»ood
n fair D poor
Next 01 kin - nam*
Addrati
Surname o( Âpouta
F
rslnama
Sacondnama
Maidan nama |il applicabia)
^'TT- 1 :
Daia of birtri vanfiad
n no □ yas
Typa of proof saan
Social insuranca numbar
1 1 l-l 1 1 1-1 1 1
Hatfti numbar
1 1 1 1 1 1 1 1 1
Education (highast laval acNavad)
Haalth
D good n '*"
□ poor
Pravfous Spousal Ralationships
Applicant D yas. provida datails Sacoon a
Spousa n )r*s. provida datails
□ no
First na(na<s) arKi sumama(s) undar whicti
birth was ragistarad tor aach dapandani
living wtlti you.
Typa of proof saan
Do you hava any dapandants not living with you? Q no Q yas. provida datais in Saclion S
Is any oihar parson living in ttia homa? (ag roomar. boardar. rantar. iharar. landlord] n 'W
Nama M^F Ralationship
O y*s. provida itta following:
Effacttva data
It any othar parson using this addrass lor any othar raason? O no Qy*s. provtda tha lollowirtg:
Nama I Raason
3. ftoildwM*
If bom outsida C^anada. provida tha folloarino:
Arrival data
Varil
yas
tad
no
Currant status
Landing data
Van
yes
Had
no
Appicant
Spouaa
Dopanlanl(s)
List al plaças of applicant's raaidanoa with«n iha last 12 months (GWA only)
From (month/yaar) To (monm^aar) Addrass
708
Reg./Règl. 366
PRESTATIONS FAMILIALES
Reg./RègL 366
4 gniployiiwiw Hhlory utm»
A
S
D
emptoyar
Empk>y*<'> Addr*M From | To
Pan/Full
Tun»
n«uon tor
Leaving Employ ment
«
AMMi .
raicr
Vahj* $ V N
PoraonaJ Property
Choquvig / Samgi Accsumi
(Barki. TruM Corporations. &*dM Unions)
(Bondi. SharM. RRSP Torni OapoMt)
(Mxii^agn. Loans. Aooour>a RaeawaÉMa)
Safaiy Dapeait Box
PrapMFtrani
(Amount n nemn ol a
Banakbal InWfoci in Aamb haM m ruai
(Offioil Quwdtan. PuMk TruoMa. PrWaiaIr
dTruM
Otw
Ami Proparty ■ o*>ar tun Prîndpal
Let and Piaf^oncaaaien
n y , pniMde VM toiMnnQ-
Oenedor
A S D Life Tenancy
I I J f^^
Cureni Uarket Equity Varif«0
Purchased Value I t Y N
Have you. your ipeuoa or any dapandam dtpoaed of my astett (persortal or real prapany) mtm tvae years prior id tm appticalon?
D no Oy**- provide details.
Aie my aaaea eapeaed in «te hiure by you, your apouaa, or any depandanii? Q no Of
Income
V
N
Défaits reference number
Anw
Weekly
unt
Uontfily
Veri
V
■ad
N
OA.SjCisySAyw.SJ»
QA»6lbrt»aoed
AnnuMes. Superannuaeon. Insurmoa Beneflts
Canada Pemcn PianOuebec Pertnon Plan
PmwioittalCtÊwm
UJk. 1 1 I 1 1 ■ II ■ * ÉM II 1 1 ■ II II ■ ^b if ■ 11 **■- ■ ^ — - ' —
»»■ vewrww MKMwen^iiVMan war rension
Tranng AlOManoa
Foreiyi Pensons^ootf SecuriOas U.S A
WOrters' Compansaton
709
Reg./Règl. 366
FAMILY BENEFITS
Reg./Règl. 366
R*v«<lN
Y
N
^laranca no.
Monthly Amounu
A
S
D
Vcrtftfd
Y N
Farm or Butinau
Rental (groti) Qtaflccnuinad quanari
a land n 0*rag« ^Ihar
Hoomar (H) or Boardar (S) O no D yaa. provida daMdt:
Nama Etladiva Dalt |
MIF
R
a
UonINy Amounl (
Birth Data
Ra«,»,.hip
Itany Ftoomar or Board»f your ctiikj. grandchild, hMtof chitd of you Of your tpoust? Qno QyM. arothay a Q banallcivy of famiy flpnaiti,
O in racoiptof G«n«ra/VMKar*A«aifianc». Qananding an aducaiorul inibtution Q without Hnancial tMntanca? Qno Dy**- providadaiailt:
Earnings
UonltiFy Earntrtgs
Groat t Nat t
Employar's Nama and Addraat
No. of
hours
Hourly
Varifiad
N
Spcuaa
«GWA (Xy)
Oth*r Financial Rasourc«t
Ara ihara any olhar financiil ratouroat id wtiich tha applicant/apouM or dapandani child(ran) may ba antiltad? D no O y**. provida tw Uowing:
a sponaorship - nama
Addraaa
for (nama)
Amount
i
O tupport-nama
1 Addraaa for (nama)
Amount
D othar ■ ipaofy
Addraaa
lor (nama)
1
Haa an application baan mada (or any lypas of
n y** D ^< pn>vida datailt:
A. Living Condition*
1. A/a you. your tpouaa or dapandani Ki a hoapilë. nuriing homa or otfwr inatitubon? Qno Qyat. provtda iha folkMring:
Q applicant Nama and addraaa of inilltution Data of admiaawn
□ applicant
D «pouaa
Q dapandant
Expactad daia of ditcnarpa
(Can«Mal.lar4)
Totai amount □ monthly
1 o"«"iy
Varitiad
Cjy9* Qno
With whom
Effaetlva data
3. Rant
Totiri amounl
t
Q monthly
nwaaldy
VarlKad
□ yaa Qno
O houaa
QaoarDhant
Qroom
Numbar of flooms
13 lubtidizad
Q unsubiidizad
fHaatinaCoMafannuaO
Totaf amount n oil
Qwood
Qalactrlc
Equal billing
Qraa □no
Varifiad
ay» Qno
Fira lnauraf>oa (annual)
i
VarlHad
□ yaa Qno
UHIitiaf (monXly)
1
Landlord't nama
Addraaa
Talaphona numbar
4. Own Homa or Condominium
Mortgaoa paid (monthfy)
(Prindpla * intarasi)
$
VarilM
□ y«a
□ no
No. of rooms
Haating coats (annual)
Total amount Q oil □ wood
t tJQê* Qalactric
Equal
Billing
□ 1-
□ no
VarilM
□ y«'
□ no
Fira Insuranca
(annual)
>
Variiad
□ yts
□ no
UtklMt (monthfy)
t
Condommajm Common
Expanaaa (monthly)
t
VariHad
□ y«
□ no
Taxaa (annual)
•
Varifiad
□ yas
□ no
5. Do you pay tfta total accommodation coats? O ya« O no. provMa tm totoaring:
Amount paid by you: t
Amount paid by «x-raaidant: $
B. Spaclalltama ' ~"
Ara any of tfw tolownng itams raquirad by you. your spousa or any olhar banaliciary? Q no □ yat
G tp«cial diat q pragnancy item q travai/tranaportation Q discharga allowanca Q guida dog allowanoe Q kla insuranca pramium (saa balowr)
A/S/O
Nama of InturarKa Company
Policy Numbar
Banafleiary Nama
FacaVHua
t
1
710
Reg./Règl. 366 PRESTATIONS FAMILIALES Reg./Règl. 366
I. AddWon»! Jnlormrtlow fret 8»ctlon tlo 7 (».g. Hilth numbwi ktt depftdem cMldwn)
t. tlrtrtenf D»cl»r«lloi>olAj>pllc«iilMklSpou— (umylmyBUMlWbffmfaitfwiHtiiitli)
_ do solafnntjr dadar* twt I wn 9w Apphsnt (or ffw ponon
applying on bohalf el t« Appfecan) namad in tfia leragoing appicason.
2 ^ do aoiamnly dadara VW I am ffta apouaa o( tha aɻva
3. I/Wt hova baan iniMViawad by tfw WaNara AdrnnMValor or hiwttar rapxianaiiva or by tia Ondor ol Inooma Muntananoe oT iha Unwy o( Communiiy and Social
SamoMOrhia/harrapfvaanMiva. VWa undaratmd r<« aigibibtir cntaria. Wa hava auppiiad *>a >olormabon in fria applicaâon lo tfw baatol inyAx* hnoialadaa and
baM. M iMaBiiiaMU in »w appfecaaon ara aua and ne informalon raquirod B ba givan has baan wtMiatd or omoad.
*■ Shoiid an aioaianoa ba gramad on tm baaN of tm toragoine intormalion. Vm% wit notfy tm Wattva Adminiuraior. tm Diracior or hia/har rapraianiaWva as tha caaa
rrmf ba. o( any tfianga of ratawam arcumstanoaa et any banaAciary et tia alewanc^auialBnoo b ba providod. indudmg «>y ctianga in ciraxnstar>oat pertaining m
aaaaia, nooma or nring arrangamanla.
S. iWa acknowtadga ttat tha •■ an appkcalon tor autttanoo pursuant lo tm ,
aa InJioaiad in Saciwn i of <tn application. VWa Kjrttar admoHrtadga thM should t«ro ba aiigibiilr tor Soda! Aaalawica under the
Ak (hit application ar>d ff>a information ooniainad tierain may ba uaad tor tM purpoaa of
varilying «tt^bAty and Vwa undartaha to prwida any additional information whidt may ba raquirad at tm lima.
8 VWa make tiia aoiamn Oadaraion concaianteuBiy biiiiving it to ba tv» and tmoaang that « has Via a«na broa and allea aa il made under oaih by vinua
of lheC«iedi£*i*nc*Aa
Oadarad balDie ma at tie
dayel_
SignaKfartnark of appicant or parson applying on behall of applicani
Signaiuraffnark of ipouaa what* appiciMa
O. Reg. 627/90, s. 1.
711
Reg./Règl. 366
FAMILY BENEFITS
Reg./Règl. 366
Form 2
Family Benefits Act
APPLICATION FOR ALLOWANCE BY A FOSTER PARENT
Hm • prvvloui application bMn mad* on tMhalf of fotlar ehild(rtnl7
Application mado t>v
LJ vai LJ no; If vat, provjdadatailt:
lOm
1.
Appficant'i sumanw
Fini nama
Sacond nama
Addra»
Talaphona nu
mtiar
Poital coda
1 1 1 1 1
Birtndala
0 , M
1 1 1
1 I
Social Inturanc* nufnbar
1 1 L- 1 1 1 1 1
HeaRh Insurance number
1 1 1 1 1 1 1 .
2. Data PtrUitittig to Fo»t»f CWId(f»fil
First namad) and lurnama
ufKlar which Birth ragiitarad
e
<tov
irthdat
mth.
a
vaar
Var)
vai
(iad
no
Zf
School
Grade
Health Insurance numlief under which foster child<ren) covered
For GWA only- Residence of foster c
*Provida addrau(a*1 in tacnon 7
>itd(ren} for the past 12 months
From To
If loitar child(ran) born ouuida Canada
provida tha totlowir>g:
D this nrHjnicipalitv
G anothar municipalilv
Arrival data
• Q outiida Ontarig
Currant itatus
• □ Unorganized Tarritoria»
• D Indian Rajarve
3. PartkuUri of Nttural Parents of FotUr Cbildiran)
Data of Death
Surnama
Firit nama
Addraii
I'tappi'cabia»
Moihar
F a mar
4. AlMtl
A. Lilt each Itam
Typa
held by or on behalf of Foster chiidlran) at
Description
ima of appiic
Amount
ati
*
an
M
Type
Description
Amount
Va
ri.
1 cajh
3. investmantl
J bank
^ accounts
4. others
B. Ooas tha fostar child(ran) hava a banaficial intarast m ttsati held «n trust (Official Guardian, pnvataiy admimiterad trust)'
M VM. prowida detail):
Dv"
nno
C. Ara anv asiati expected in tha future (luch as unadjusted claims, insurance, inheritances or lawiuiti pandtng)?
If vas, provtda detail»
Dvas
Qno
D. Doai foster chiid(fen) have any tnterast m real property? □ yes □ no. If yes, give details:
5. ItKOtn*
A. List each item racaivad by o
Type
r on behalf of foster chil
Date commenced
d(ran) at time of appiicati
Monthly amount
>n
Type
Date commencad
Monthly amount
Canada/Quabac Pension Plan
Official Guardian
War Veterans' Allowance
Family Allowance
(if not, explain)
Support
Other (spacifyl
B. Is any income expected in the future from any source for the foster chtid(ran»> Qyas □ no. If yes. provide detatii.
6. Additionil Information
bate chiid[ran) taken mto cara of foster
parent
Retationshtp (if any) of foster parent to foster child(ren)
712
I
Reg./Règl. 366
PRESTATIONS FAMILIALES
Reg./RègL 366
Il «ny otrion undvr th« obligation to provide lupport to foftcr child(r«'>)? [_j y*s lJ^O, H ytt. giv
Surnanw Fint namt Addrcit
Ae>attonihip to fof ter childlren)
7. Narr«tii>t
Statutory Declaration of Applicant
I. —
_ , do solemnly declare that:
Ifull rtarml
1. I am The applicant named in the foreqoina aoo^ication
2. I haye been interyiewed by the Welfare Administrator or his reprejentatiye or by the Director of Income Maintenance of the Ministry of
Community and Social Services or his representative. I fully understand the eligibility criteria. I haye supplied the information in this
application and, to the best of my knowledge and belief, all statements in this application are true and no information required to be giyen
has tieen withheld or omitted.
3. Should an allowance or assistance be granted to me (the applicant) on the basis of the foregoing information. I will notify the Welfare
Administrator or the Director, as the case may be. or his representative of any change in the circumstances of the foster child(ren)
including any changes in circumstances pertaining to assets, income or living arrangements.
4. I acknowledge that I am applying for social assistance pursuant to the .
.Act.
I further acknowledge that should I become eligible for social assistance for my foster childlren) under the .
.Act, this application and the information contained herein may be used for the purpose of verifying my eligibility
and I undertake to provide any additional information which may be required at that time.
5 I make this solemn Declaration consciously believing it to be true and knowing that it has the same force and effect as if made under oath
by virtue of the Ctradt Evidenci Act.
Declared before me at the.
of
of
.in the.
. , this _
day of ■
, 19-
Signjture / m«rk of apphcenl
A Commissioner, etc.
O. Reg. 136/85, s. 4,part.
713
Reg./Règl. 366 FAMILY BENEFITS Reg./Règl. 366
Form 3
Family Benefits Act
CONSENT TO DISCLOSE AND VERIFY INFORMATION
1. I, , consent to the release of information
full name
to an authorized representative of the D
Municipality
n
Indian Band
D Ministry of Community and Social Services
for the sole purpose of determining or verifying my eligibility for social assistance.
2. Without restricting the generality of the above-noted consent, I specifically consent to the release of information to
D
Municipality
D
Indian Band
D Ministry of Community and Social Services
relating to any bank account, safety deposit box, assets of any nature or kind whatsoever held by me or on my behalf or by or on behalf of
my spouse, any of my dependants or my foster child(ren) (if applicable); alone or jointly with any other person, in any financial institu-
tion.
3. I further consent to the exchange of information between the municipality or Indian band (if applicable), the Ministry of Community and
Social Services of Ontario, the Government of Canada, the government of any other province, any agency thereof, or any of them in
order to verify information for the sole purposes of determining or verifying my eligibility for social assistance.
4. I acknowledge that I am providing the above-noted consents in connection with my application for social assistance under the
Act. Should I become eligible for social assistance under the Act, I agree that the consents set out above shall
apply for the sole purposes of determining or verifying my eligibility for social assistance.
Dated at
Signature/mark of applicant/recipient
This day of ,19
Witness
I, , am the spouse of the above-named
(full name of spouse, if applicable)
in those consents.
Dated at
I have read the consents set out above and I join
name of applicant/recipient
Signature/mark of spouse of applicant/recipient
This dayof 19
Witness
O. Reg. 136/85, s. A,part.
714
Reg./Règl. 366
PRESTATIONS FAMILIALES
Reg./Règl. 366
Form 4
Family Benefits Act
MEDICAL REPORT
Name
Social Insurance number
J L
J L
J L
SexD maie
n female
Date of birth
D M I Y
Health Insurance number
\ \ \ I
Postal code
Caseload number
1. Is this person a regular patient of yours? Dyes D no
If yes, how frequently have you seen this patient in the past 2 years?
2. When did you last see this patient? give date:
for what reasons?
3. List other significant/relevant conditions and diagnoses for which this patient has been treated.
4. Briefly describe nature of treatment rendered or proposed (include place and date of relevant hospitalization).
5. What is your prognosis for your patient's condition?
6. Does your patient require the use of any medical prosthetic device (i.e., wheelchair, artificial limb, etc.) D yes D no
If yes, please describe:
7. In your opinion do any of these conditions limit this patient's activities pertaining to normal living, such as: self care, communication or
motor activities? D yes D no
If yes, please describe:
8. Do you expect sufficient improvement to take place in the mental or physical condition of this patient to allow him/her to:
a) return to his/her previous work or occupation Dyes D no
if yes, when?
full or part-time (hours/day)
b) return to any other type of work or occupation Dyes D no
if yes, when?
full or part-time (hours/day)
Nature of work
9. In your opinion, what specific factors or conditions might adversely affect training, employment or academic progress? (Please specify any
activities or working conditions that are to be avoided.)
715
Reg./Règl. 366
FAMILY BENEFITS
Reg./Règl. 366
10. If an appropriate training program is developed for your patient, is he/she medically able to participate? D yes D no
if yes, when?
full or part-time (hours/day)
11. Any additional information, including hospital reports, consultant's reports, other tests and comments you could provide with respect to
your patient's physical, mental or emotional impairment will be of considerable assistance in determining program eligibility:
Certificate of Attending Physician
(Please print)
I, , am a legally qualified medical practitioner and this report con-
tains my findings and considered opinion at this time.
Signature date .
Address
Note: In some instances it may be necessary to release to the applicant a summary of the contents of this
form.
Name ,
O. Reg. 136/85, s. 4, part.
Form 5
Family Benefits Act
MEDICAL RÉPORT IN RESPECT OF BLINDNESS
Date OF Birth Sex
(surname) (given names)
Address
1. History Age at onset of loss of sight. Righteye
Any other disability
2. Visual acuity
without glasses with glasses
Righteye
Lefteye
Both eyes
Field of vision:
right left
full
contracted
diameter less than 20°
cental scotoma
other
Province .
Left eye
Note: No vision (after correction) in excess of 20/200 or 6/60 Snellen admits to eligibility for allowance unless the diameter of the visual
field is less than 20 degrees.
3. Visual field
716
Reg./Règl. 366
PRESTATIONS FAMILIALES
Reg./Règl. 366
The diameter of the visual field determined by use of,
(indicate which)
n a tangent screen at a distance of one metre using a 10 millimetre white test object; or
D a perimeter at a distance of one metre using a three millimetre white test object.
NOTE: No disability except the amount of vision may be considered for entitlement to an allowance.
4. Describe abnormalities of: lids, conjunctiva, globe, cornea, iris, ciliary body, lens, vitreous, retina, choroid, optic nerve, brain tumor,
congenital, etc.
5. Diagnosis:
Right eye
Left eye
6. Former treatment
7. Treatment needed
8. When should re-examination be done?
9. Do pathological changes substantiate visual loss claimed?
10. Additional comment by examiner:
11. Indicate below, (1) Amount of refractive error as in high myopia, etc.;
or (2) Insert prescription for glasses when necessary.
R.
Distance
L.
other
Sphere
Oyl
Axis
P.D.
Far
Near
AddR.
for
Near L.
Bridge
Temple
Size and Shape
Examined at .
Date
Signature of Ophthalmologist
Address
R.R.O. 1980, Reg. 318, Form 5.
717
Reg./Règl. 366
FAMILY BENEFITS
Reg./Règl. 366
Form 6
Family Benefits Act
APPLICATION FOR SEVERELY HANDICAPPED CHILDREN'S
BENEFIT
Apptiunt/SpouM
PitMt coinpl«ti both «dtt
•) Applicwil'i lurnamt
Givtn namt(s)
CMeload numbtr
F tie number
Addn»
Tettphone nt
mber
Postal ctxle
1 1 1 1 1
Dait of birth
,1,1.
0*tt of birth vtrifi«d
Vtl |00
Social (r^iuranct number
1 1 1 1 1 1 1 1
Health Irtsurance number
1 1 1 1 1 1 1
Marital ttatui
□ •injie □married Qd'^O'Ced
O separated □ wiiio«¥ed
Q dewned
□ common -laMr
s lurname
iSocial Insurance number
Otptndant»
Severely har>dicapped child's name
Does child sper>d any iima m a hotpnal/inttitulion? Plena ipecify
Sex
Qmale Q female
Date of birth
■ I I
Nature of handicap (brief description)
Other children (under 31 not gainfully employed)
name
5ax
M
F
Age
name
&e«
M
F
Age
F»iTUIy Inconw
(At reported on Income Tax Return for previous taxation year, 19 )
Applicant
Spouse
Incombe from:
Employment (less employment expense deduction)
S
S
Pensions, superannuation
Maintenance. Alimony
Rental or Boarder Income
Family Allowance
Unemployment insurance
Dividends. Interest
Other income from investnwnii
Other income from Business/Property (explain)
Other, specify
Sub-Tolat
(A)
(B)
Is applicant Of spouse self employed? Dyes U^^oT
If yes. state nature of occupation
Does the severely hendicapped child hive any income' i_] yet U no.
If yes. specify source and amount (annual)
Totel Family Income (Total A, B and C above)
If preteni family income it tubstantiaiiy different from previous taxation year, explain and, if necessary, attach detailed hst of current mcome
Has an application been mide for Sprcm Services ai Home Program' j ) yet LJ no
Specialized Expense» for the Handicapped Child
1. Reftular Expenses
Yearly
$
4. Other Expenses, specify
Yearly
Transportation Costs to doctor/cimic/hospiiai
Necessary home repairs
s
Babysitting (trained titter)
Repairs (0 special equipment/pa>d by parent
(itemize below)
Extra clothing, diape*... pants, linens
Special ihoes/boots
Special diet
Extra laundry/cleaning costs
2. Medtcai Expenses
Equiprnent for hearir>g impaired
Year Totel
I
Drugi not covered by existing plan
Note: Availability of. and use of. aiiemete sources should be I'tied. e.g. Blue
Surgical luppliet Inot covered by A.OP. )
Cross. Community/Prow-ncial Agenoet. Employee Inturince Plans.
Dental coiti not covered by exittir>g plan
3, Educational ar>d social exper^nures
Special learning/devalopmeni equipment
Specialized day care (actual cost paid by parent)
Special education
Special tumrrier camp feet
Parental relief program
718
Reg./Règl. 366 PRESTATIONS FAMILIALES Reg./Règl. 366
Declaration
I, ,
am the applicant named on page 1, or the person making application on behalf of the applicant.
I certify that all of the statements in the foregoing application are true to the best of my knowledge and belief and no information required has
been omitted or concealed.
Should a benefit be granted to the applicant on the basis of the foregoing information, I undertake to notify the Director, or his or her represen-
tative, of any change in our circumstances, especially as they pertain to income, and to the residence of the children.
Dated this day of , 19
Signature of Witness Signature of the Applicant or person
making application on behalf of
the Applicant
Signature of Witness Signature of Spouse
O. Reg. 136/85, s. 5.
Form?
Family Benefits Act
APPLICATION FOR REDUCED ASSESSED CO-PAYMENT
Applicant's Name Health Insurance number .
Number of Dependants
Name of Spouse in addition to spouse
SECTION ONE-INCOME
1. Employment Income (except self-employment)
Gross monthly income
Monthly deductions (Income tax. Unemployment Insurance, Canada
Pension Plan, Company Pension Plan, Union, Professional, or like dues)
Net monthly employment income (gross monthly income less total
deductions)
2. Income from Self-Employment
Describe nature of business
Gross monthly income
Less expenses incurred to earn gross monthly income
Net monthly income from self-employment
3. Other Income
Net monthly investment income
Old Age Security, Guaranteed Income Supplements, Spouses Allowance,
Payments under the Ontario Guaranteed Annual Income Act (GAINS)
Canada or Quebec Pension Plan, Workers' Compensation Benefits,
War-related Pensions
Sick Benefits, Insurance Benefits, Compensation for Victims of Crime
Annuities, Superannuation
Alimony, Maintenance, Support Payments
Other (specify)
4. Total Monthly Income
719
Reg./Règl. 366
FAMILY BENEFITS
Reg./Règl. 366
SECTION TWO -EXPENSES
1. Basic Needs
TABLE
Family Size
Monthly
Atnount
Applicant Alone
$ 77
Applicant + 1 Dependant
$250
Applicant + 2 Dependants
$400
Applicant + 3 Dependants
$500
For each dependant in addition to three, add $100 to monthly amount.
Enter amount based on above Table
2. Shelter (Principal residence only)
Rent
Mortgage payments
Taxes
Insurance
Hydro
Water
Fuel
Telephone
Other (specify)
Total shelter
3. Family Related Costs
Child Care
Alimony/Maintenance
Other (specify)
Total family related costs
4. Health Costs
Health Insurance (exclude employer contributions)
Recurring Health Costs (optical, dental, medication)
Total health costs
5. Transportation costs
Public transit
Standard operating amount for necessary vehicle
Total transportation costs
6. Debt Payments
For necessary vehicles
Other (specify)
Total debt payments
720
J
Reg./Règl. 366 PRESTATIONS FAMILIALES Reg./Règl. 366
7. Other (specify)
Total monthly expenses (total of items 1-7)
Note: Income and expenses are to be declared only in respect of the appli-
cant and his or her dependants. Do not include casual earnings of
dependent children under 18.
SECTION THREE-CALCULATION OF REDUCED ASSESSED CO-PAYMENT
Total income from Section One
Less total expenses from Section Two
Equals income available for assessed co-payment
(amount A)
Co-payment Assessed per form 6565-40 (2/79)
(amount B)
Amount of Exemption (Amount B less Amount A) ^
(amount C)
(if less than
zero, enter nil)
Reduced Assessed Co-payment (Amount B less Amount C)
I certify that I am the above-named applicant or person making application on behalf of the above-named applicant for a reduced assessed co-
payment and that all the information given by me and set out on this form is true to the best of my knowledge and belief.
(date) Signature of Applicant or person making
application on behalf of the Applicant
Signature of Intake Authority
Certificate of Exemption
This is to certify that has been granted a monthly benefit of
under section 39 of Regulation 366 of Revised Regulations of Ontario, 1990
(amount C)
under the Family Benefits Act.
(date) Signature of Director of Family Benefits
or official appointed to act on his behalf
R.R.O. 1980, Reg. 318, Form 7; O. Reg. 136/85, s. 6.
721
Reg./Règl. 367 Reg./Règl. 367
Family Law Act
Loi sur le droit de la famille
REGULATION 367
DESIGNATION OF MATRIMONIAL HOME-FORMS
1. A designation of a matrimonial home under subsection 20 (1) of the Act shall be in Form 1. O. Reg. 95/86, s. 1.
2. A cancellation of a designation of a matrimonial home under clause 20 (6) (a) of the Act shall be in Form 2. O. Reg. 95/86, s. 2.
723
Reg./Règl. 367
FAMILY LAW
Reg./Règl. 367
^1
Form 1
Family Law Act
DESIGNATION OF MATRIMONIAL HOME
Document General
Fonn 4 — Land RagMralton Rtlorm Act
New Property IdeotHiers
D
AddrtKKMl
Schwtutt
D
(1) R<gl>lry Q
'D
(3) Propgly
IimiiIImi(s)
(2) Page 1 ol
Additonai
Schedule ■ — I
(4) Nahira ol Documanl
Designation of matrimonial home
fFamilvIjM Art, s. 20)
C on Mos rvHon
<5)
Not applicable
(6) DMcrlptton
(7) Thii (a) Redescription
Ooeum^ni New Easement
^^onUinm Plan/Sketch
D
(b) Schedule tor
Additional
Description Q Parties Q Other Q
(t) TMa OocumenI provldee et followt :
(Check appropriate box and strike out inapplicable paragraph)
LjThe parties signing in box 10, who are spouses of each other, designate the property
described in box 6 as a matrimonial home.
Dlhe party signing in box 10, who is the spouse of ,
(name)
designates the property described in box 6 as a matrimonial home.
Conltnued on Schedule LJ
n9) This DocuHMnt felalas lo kwlniment numbef{t)
I Not applicable
(10) Party<le*) (Sal out Status or Interest)
Name(s)
Signalure(s)
Date of Signature
(12) Pany(lae) (Set out Status or Interesl)
Name(s)
Sigrwture(S)
Date of Signature
Not applicable
(13) Addms
lor Service fjot applicable
(14) Municipal Address ol Properly
(IS) Document Prepared by:
i
Registration Fee
Vi
Ul
u.
O
S
Total
J
O. Reg. 95/86, Form 1.
724
Reg./Règl. 367
DROIT DE LA FAMILLE
Reg./RègL 367
Form 2
Family Law Act
CANCELLATION OF DESIGNATION OF MATRIMONIAL HOME
m
ProvoKt
o»
Oniario
Document General
Fonn 4 — Land MagMMIon R«lonn Ael
D
Encudom'
D
(1) R«gMrT Q
'D
(J)
(2) P>ge 1 ol
Proparty
J
AdAtionâf
Sm pi
Scl«Mul* I — I
(4) Nalur» of DocmiMnt
Cancellation of designation of matrimonial home
'Family I^u Art, •, 70 >
w
Not applicable
(•) OMCftpHon
(7)-™»
(■) RKjMCriplion
N«w E49em«nt
Plan/Sketch
D
(b| Sch«)ule !<x ^
A<l<MK>n<l
DMcnplion □ P«t1iM Q Oltief Q
(•) TMs Oocumanl pfowldii m (oNows :
(Check appropriate box and strike out inapplicable paragraph)
I iThe parties signing in box 10, who are spouses of each other, cancel the designation
by them of the property described in box 6 as a matrimonial home in the instrument
referred to in I)OX 0.
LlThe party signing in box 10, who is the spouse of
(name)
cancels the designation of the property described in box 6 as a matrimonial home in the
^_ ^ c j.-w n Cootmuad on Schodul* lD
instnment referred to in box 9. .
Mt)T1ila OoeunMnI wlili» to fcwtiiiiiiil numbatft)
(10) Pwty(lM) (Sol oui Sms or Intoran)
Sign«ui»(»
Dale ol Stgnaturv
(12) PanytiM) (Sal oui Slalus or inMraal)
NamaO)
-<
Signât ure(s}
Date of Stgnatura
Not applicable
(13)
tors«v*c« Not applicable
(14) Mwtclp*( AddfMS ot Propwiy
(IS) Document Prvparcd by:
F=«M and Tax
z
o
Registration Fee
0)
y
o
u.
ToM
O. Reg. 95/86, Form 2.
725
Reg./Règl. 368
FAMILY LAW
Reg./Règl. 368
REGULATION 368
ELECTION OF SURVIVING SPOUSE
1. An election made under section 6 of tlie Act shall be in Form
1. O. Reg. 606/86, s. 1.
REGLEMENT 368
CHOIX DU CONJOINT SURVIVANT
1 Le choix fait en vertu de l'article 6 de la Loi est rédigé sur la for-
mule l. Règl. de l'Ont. 606/86, art. 1.
Form 1
Formule 1
ELECTION UNDER THE FAMILY LAW ACT
CHOIX DU CONJOINT FAIT EN VERTU DE LA LOI SUR LE DROIT DE LA FAMILLE
Court File NoJDossier de la cour n°
This election is filed by (solicitors )/Dépo5é par (avocats)
Name of deceased/Nom du défuni Surname/Nom de famille
Given name(s)//'/-é/iom(s^
Last address of dtceasedIDemière adresse du défunt Street or postal aàdvess/Rue et numéro ou adresse postale City, town, etc.lCité, ville, etc.
Date of death/Date du décès Day, month, yeai/Jour, mois, année
Surviving spouse/Con/o/>i/ survivant Surname/Nom de famille
Given name(s)/Prénom(s)
Address of spouseJAdresse du conjoint Street or postal addzess/Rue et numéro ou adresse postale City, town, elcJCité, ville, etc. Postal Code/Code postal
Je soussigné(e)
(Please pT'mt)/(Écrire en caractères d'imprimerie)
. the surviving spouse, elect:
conjoint survivant, fais le choix suivant :
D to receive the entitlement under section 5 of the Family Law Act;
jouir du droit prévu à l'article 5 de la Loi sur le droit de la famille;
OR (check one box only)/
OU (cocher une seule case)
n to receive the entitlement under the will, or under Part II of the Succession Law Reform Act, if there is an intestacy, or both, if there is a
partial intestacy./
bénéficier des dispositions testamentaires; s 'il n'y a pas de testament, jouir du droit prévu à la partie II de la Loi portant réforme du droit des
successions; s 'il s 'agit d 'une succession en partie testamentaire et en partie sans testament, se prévaloir de ces deux options.
Signature of surviving spouse/Signature du conjoint survivant
Date
NOTE:
THIS ELECTION HAS IMPORTANT EFFECTS ON YOUR RIGHTS. YOU SHOULD HAVE LEGAL ADVICE
BEFORE SIGNING IT./
REMARQUE : LE PRÉSENT CHOIX ENTRAINERA DES EFFETS IMPORTANTS SUR VOS DROITS. VOUS DEVRIEZ OBTENIR
DES CONSEILS JURIDIQUES AVANT DE LE SIGNER.
O. Reg. 606/86, Form 1.
Règl. de l'Ont. 606/86, formule 1.
726
Reg./Règl. 369
Reg./Règl. 369
Farm Implements Act
Loi sur les appareils agricoles
REGULATION 369
GENERAL
1. The following farm implements are exempted from the Act
and this Regulation:
1. A motor vehicle as defined in the Highway Traffic Act.
2. A tractor that, according to the manufacturer's published
rating, develops twenty horsepower or less than twenty
horsepower.
3. Lawn and garden equipment.
4. Tires attached to a farm implement. O. Reg. 223/90, s. 1 .
2. For the purposes of section 2 of the Act, the manufacturer's
suggested list price of a farm implement is $3,500. O. Reg. 223/90,
s. 2.
3. The Board shall comprise not less than seven members and not
more than eleven members of whom at least one shall be a manufac-
turer, one a distributor, one a dealer of farm implements, one a rep-
resentative of a farm organization and three independent farmers.
O. Reg. 223/90, s. 3.
4.— (1) An applicant for registration as a dealer must,
(a) pay a fee of $200;
(b) provide the Board with,
(i) the name of the applicant, as an individual, a part-
nership or a corporation,
(ii) the name under which the applicant carries on busi-
ness,
(iii) the address and telephone number of the applicant's
principal place of business in Ontario,
(iv) the name of the owner or manager of the applicant's
principal place of business in Ontario,
(v) a description of the applicant's service facilities, and
(vi) the number of mechanics employed by the applicant,
indicating the number who are licensed mechanics,
the number who are apprentice mechanics, and the
number of parts personnel; and
(c) provide the Board with a copy of,
(i) all agreements for the sale of farm implements,
(ii) a list of all distributors the applicant is representing,
(iii) a list of all brands of farm implements the applicant
is selling, and
(iv) the agreement between the applicant and the distrib-
utors the applicant is representing for the sale, con-
signment or delivery of farm implements.
(2) An applicant for registration as a distributor must.
(a) pay a fee of $300;
(b) provide the Board with,
(i) the name of the applicant, as an individual, a part-
nership or a corporation,
(ii) the name under which the applicant carries on busi-
(iii) the address and telephone number of the applicant's
principal place of business in Ontario,
(iv) the address of any depot for parts that is operated by
the applicant in Ontario, and
(v) the names of the Parts Manager, Service Manager
and Sales Manager or of other employees who per-
form similar duties for the applicant at the appli-
cant's principal place of business in Ontario; and
(c) provide the Board with a copy of,
(i) all agreements between the applicant and a dealer
for the sale, consignment or delivery of farm imple-
ments,
(ii) all warranty policies that apply to farm implements
sold, consigned or delivered by the applicant to deal-
ers,
(iii) a list of all brands of farm implements sold, con-
signed or delivered by the applicant to dealers, and
(iv) a list of all dealers with whom the applicant has an
agreement for the sale, consignment or delivery of
farm implements.
(3) The Board may dispense with any of the requirements set out
in clause (1) (b) and (c) or (2) (b) and (c).
(4) A registered distributor who applies for registration as a
dealer is exempt from the requirement to pay under clause (1) (a).
(5) A registered dealer who applies for registration as a distribu-
tor must pay a fee of $100 instead of the fee set out in clause (2) (a).
(6) An applicant for registration as a dealer and distributor must
pay a fee of $300 instead of the fees set out in clauses (1) (a) and
(2) (a).
(7) New registrations for less than a full year shall be pro-rated.
O. Reg. 223/90, s. 4.
S. The dealer shall at all times,
(a) display in a clearly visible manner the registration certifi-
cate at the dealer's principal place of business; and
(b) display and make available to purchasers all publications
that the Board directs to be displayed and made available.
O. Reg. 223/90, s. 5.
6.— (1) Registration under section 4 is effective from.
727
Reg./Règl. 369
FARM IMPLEMENTS
Reg./Règl. 369
(a) the 1st day of January if the application is accepted in the
preceding year; or
(b) the day the application is accepted if the application is made
in the year for which registration is applied for.
(2) Registration under section 4 expires on the 31st day of
December in each year. O. Reg. 223/90, s. 6.
7. A dealer who sells farm implements shall at the time of deliv-
ery of the farm implement to the purchaser,
(a) ensure that all safety decals and protective shielding pro-
vided by the manufacturer of the farm implement are in
place on the farm implement;
(b) provide an operator's manual and operating instructions;
(c) convey all safety related instructions recommended by the
manufacturer; and
(d) obtain from the purchaser a written confirmation acknowl-
edging compliance with clauses (a), (b) and (c). O. Reg.
223/90, s. 7.
8. If a purchaser notifies in writing a dealer that a farm imple-
ment requires emergency repair parts, the dealer shall inform the
purchaser in writing of the costs that will be incurred in obtaining
emergency parts and of the obligations imposed on dealers and dis-
tributors by section 19 of the Act. O. Reg. 223/90, s. 8.
9. For the purposes of subsection 19 (4) of the Act, the maximum
service charge payable in respect of an order for an emergency repair
part is 5 per cent of the manufacturer's suggested list price for the
emergency repair part. O. Reg. 223/90, s. 9.
10. For the purposes of subsection 26 (2) of the Act, the rate of
interest shall be equivalent to,
(a) the rate of interest due, under the agreement between the
distributor and the dealer, to the distributor when payment
under the agreement is overdue; or
(b) the prime rate charged by major lending institutions on the
due date set out in subsection 26 (1) of the Act, plus 1 per
cent, if there is no agreement between the distributor and
dealer. O. Reg. 223/90, s. 10.
11. No dealer shall sell or offer for sale a new tractor that is not
equipped with a roll-over protective structure and a restraining
device that meet the requirements prescribed in Regulation 856 of
Revised Regulations of Ontario, 1990, with the exception of section
3 of that Regulation. O. Reg. 223/90, s. 11; O. Reg. 402/90, s. 1.
728
Reg./Règl. 370
Reg./Règl. 370
Farm Income Stabilization Act
Loi sur la stabilisation des revenus agricoles
REGULATION 370
FRESH MARKET POTATO STABILIZATION,
1989-1992-PLAN
1. In this Regulation,
"board" means The Ontario Fresh Potato Growers' Marlceting
Board established under the Farm Products Marketing Act;
"plan" means the plan established under section 2;
"potatoes" means potatoes produced in Ontario and marketed dur-
ing the term referred to in section 3;
"production unit" means,
(a) one or more farms operated by a person, or
(b) one or more farms operated by two or more persons who
have a common interest in the outcome of the operation;
"sales year" means a period from the 1st day of July to the 30th day
of June in the next year. O. Reg. 479/90, s. 1.
2. There is hereby established a voluntary plan for farm income
stabilization for potatoes to be known as the "Ontario Fresh Market
Potato Stabilization Plan, 1989-1992". O. Reg. 479/90, s. 2.
3.— (1) The term for this plan is three sales years with the first
sales year commencing in 1989.
(2) The plan ceases to apply as soon as a plan for potatoes is
established under the National Tripartite Stabilization Plan, imple-
mented by agreement between the Minister of Agriculture for
Canada and the Ontario Minister of Agriculture and Food and
authorized in Ontario by Order in Council. O. Reg. 479/90, s. 3.
4.— (1) An application for enrolment In the plan may be made to
the Commission by,
(a) the owner and operator of a farm on which potatoes are
produced;
(b) the tenant and operator of a farm on which potatoes are
produced;
(c) a person engaged in the operation of a production unit.
(2) An application under subsection (1) shall be made for sales
years commencing in 1989, 1990 or 1991 by a date in each sales year
determined by the Commission. O. Reg. 479/90, s. 4.
5. It is a condition of continued enrolment in the plan that each
person enrolled,
(a) retain and, at the request of the Commission, make avail-
able to the Commission or its agent all sales and weigh
receipts, signed by the buyer and the seller, conforming to
the records of the board through which the potatoes are
marketed, in respect of all potatoes for which payment is
claimed under the plan;
(b) maintain a record of all potatoes sold that includes the
names of the buying agent and seller, the date of the sale.
the date and location of the delivery, the quantity and the
price;
(c) after each sales year, complete and file with the Commis-
sion, on a form provided by the Commission for that pur-
pose, a sales report for that year which includes the total
actual sales in hundredweight of all potatoes to which the
plan applies;
(d) disclose to the Commission the name and address of every
person engaged in the operation of the production unit;
(e) be the grower of the potatoes in respect of which payment is
claimed under the plan;
(f) market the potatoes during the sales year for which pay-
ment is claimed; and
(g) pay licence fees to the board by the 30th day of July in each
sales year for all potatoes in respect of which an application
for payment is made. O. Reg. 479/90, s. 5.
6.— (1) The index to be used in any year in calculating the stabili-
zation price of potatoes under clause 6 (1) (e) of the Act shall be the
difference determined by subtracting from the cash-cost of producing
the potatoes in that year the average cash-cost of producing potatoes
for the immediately preceding five years.
(2) The stabilization price in any year for potatoes under this plan
equals 95 per cent of the base price determined by the Commission
added to the index for that year. O. Reg. 479/90, s. 6.
7. A claim for payment under this plan shall be made not later
than two years after the expiration of the sales year in respect of
which the claim is made. O. Reg. 479/90, s. 7.
8. Payments under this plan shall be made not later than one year
after the receipt of an eligible claim for payment. O. Reg. 479/90,
s. 8.
9. Every payment under the plan to a person who was eligible for
enrolment for a sales year commencing in 1989 but whose application
is made in the sales year commencing in 1990 or 1991 shall be
reduced by 20 per cent. O. Reg. 479/90, s. 9.
10.— (1) Five acres of potatoes produced and marketed by a pro-
duction unit in a sales year is prescribed as the minimum level of
marketing necessary by a person to be enrolled in the plan and to
continue to be enrolled in the plan.
(2) Forty-eight thousand hundredweight of potatoes produced
and marketed by a production unit in a sales year is prescribed as the
maximum level of marketing for which a person enrolled in the plan
is eligible to receive payments under the plan.
(3) A person enrolled in the plan shall only be paid for potatoes
marketed through the board and for which all licence fees have been
paid by the 30th day of July of each sales year. O. Reg. 479/90,
s. 10.
11. Fees payable to the Commission by a production unit,
(a) are payable when the Commission makes a payment under
the plan to the production unit; and
(b) shall be deducted from any payment payable under the plan
729
Reg./Règl. 370
FARM INCOME STABILIZATION
Reg./Règl. 371
by the Commission to the production unit.
479/90, s. 11.
O. Reg.
REGULATION 371
GRAIN STABILIZATION, 1988- 1990 -PLAN
1. In this Regulation,
"grain" means,
(a) barley, canola, grain corn, oats, soybeans, spring wheat and
winter wheat produced in Ontario and marketed during the
term of the plan,
(b) popping corn produced in Ontario and grown under con-
tract with a processor for commercial sale during the term
of the plan, and
(c) seed-corn produced in Ontario and grown under contract
with a dealer for commercial sale for seed purposes during
the term of the plan;
"local board" means a local board established under the Farm Prod-
ucts Marketing Act;
"plan" means the plan established under section 2;
"production unit" means,
(a) one or more farms operated by a person, or
(b) one or more farms operated by two or more persons who,
in the opinion of the Commission, have a common interest
in the outcome of the operation;
"sales year" means,
(a) in the case of grain corn, popping corn and seed-corn, dur-
ing the first year of the plan, the period from the 1st day of
September to the 30th day of September in the following
year, and during the second and third years of the plan, the
period from the 1st day of October to the 30th day of Sep-
tember in the following year,
(b) in the case of barley, oats and spring wheat, the period from
the 1st day of August to the 31st day of July in the following
year,
(c) in the case of canola and winter wheat, the period from the
1st day of July to the 30th day of June in the following year,
and
(d) in the case of soybeans, the period from the 1st day of Sep-
tember to the 31st day of August in the following year.
O. Reg. 181/89, s. 1.
2. There is hereby established a voluntary plan for farm income
stabilization for grain to be known as the "Ontario Grain Stabiliza-
tion Plan, 1988-1990". O. Reg. 181/89, s. 2.
3.— (1) The term of the plan for each grain is three sales years
with the first sales year commencing in 1988.
(2) The plan ceases to apply to a grain when a plan established
for the grain under the National Tripartite Stabilization Plan, imple-
mented by agreement between the Minister of Agriculture for
Canada and the Ontario Minister of Agriculture and authorized in
Ontario by Order in Council, applies to the grain. O. Reg. 181/89,
s. 3.
4.— (1) A person may apply to the Commission to be enrolled in
the plan if the person is.
(a) the owner and operator of a farm on which grain is pro-
duced;
(b) the tenant and operator of a farm on which grain is pro-
duced; or
(c) a person who is engaged in the operation of a production
unit. O. Reg. 181/89, s. 4(1).
(2) An application under subsection (1) shall be made,
(a) for a sales year commencing in 1988, on or before the 31st
day of March, 1989;
(b) for a sales year commencing in 1989, on or before the 31st
day of December, 1989; or
(c) for a sales year commencing in 1990, on or before the 1st
day of October, 1990. O. Reg. 181/89, s. 4 (2); O. Reg.
29/90, s. 1.
5.— (1) It is a condition of continued enrolment in the plan that
each person enrolled in the plan shall,
(a) retain and, at the request of the Commission, make avail-
able to the Commission or its agent, all sales and weight
receipts signed by the buyer and the seller and conforming
to the records of the local board, if any, through which the
grain is marketed, in respect of every lot of grain for which
payment is claimed under the plan;
(b) maintain a record of all barley, grain corn, oats and feed
purchased during a sales year;
(c) maintain a record of all grain sold that includes the names
of the buying agent and the seller, the date of the sale, the
date and location of the delivery and, in respect of the grain
sold, the quantity, the moisture content and the price;
(d) after each sales year, complete and file with the Commis-
sion, on a form provided by the Commission for that pur-
pose, a sales report for that sales year which includes,
(i) a list of all grains that the enrolled person has mar-
keted,
(ii) the acreage covered by such grains, and
(iii) the total actual sales in tonnes of all grains to which
the plan applies;
(e) disclose to the Commission the name and address of every
person engaged in the operation of the production unit;
(f) be the grower of the grain in respect of which an application
for payment is made; and
(g) market the grain during the sales year for which payment is
claimed.
(2) A person ceases to be enrolled in the plan in respect of that
quantity of barley, grain corn or oats which is marketed and
replaced, as determined by the Commission, by purchases of grain or
feed.
(3) A person enrolled in the plan who markets grain, the percent-
age moisture content of which exceeds the percentage moisture con-
tent set out for that grain in the Table, shall adjust and report the
weight of the grain marketed at the weight that is equivalent to the
same quantity of grain having the moisture content set out for that
grain in the Table.
(4) A person submitting a report under clause (1) (d) in respect
of popping corn or seed-corn shall convert every lot of such corn to
730
Reg./Règl. 371
STABILISATION DES REVENUS AGRICOLES
Reg./Règl. 371
the grain corn equivalent in accordance with clauses 7 (a) and (b)
respectively. O. Reg. 181/89, s. 5.
6.— (1) The index to be used in any year in calculating the stabili-
zation price of a grain under clause 6 (1) (e) of the Act shall be the
difference determined by subtracting from the cash-cost of the pro-
duction of the grain in that year the average cash-cost of its produc-
tion for the immediately preceding five years.
(2) The stabilization price in any year for a grain under this plan
equals 95 per cent of the base price determined by the Commission
added to the index for that year. O. Reg. 181/89, s. 6.
7. Payments under the plan by the Commission in respect of pop-
ping corn and seed-corn shall be determined according to their grain
corn equivalent which shall be calculated,
(a) in the case of popping com, by multiplying the total actual
sales in tonnes of popping corn by 2.624; and
(b) in the case of seed-corn, by dividing the total market
receipts for seed-corn submitted by the producer by the sum
of the three-month Chatham Com price and the premium
negotiated by The Ontario Seed-Corn Growers' Marketing
Board on behalf of seed-corn producers. O. Reg. 181/89,
s. 7.
8. A claim for payment under this plan shall be made not later
than two years after the expiration of the sales year in respect of
which the claim is made. O. Reg. 181/89, s. 8.
9. Payments under this plan shall be made not later than one year
after the receipt of an eligible claim for payment. O. Reg. 181/89,
s. 9.
10. Every payment under the plan to a person who was eligible
for enrolment for a sales year commencing in 1988 but whose appli-
cation is made under clause 4 (2) (c) shall be reduced by 20 per cent.
O. Reg. 181/89, s. 10; O. Reg. 29/90, s. 2.
11.— (1) Three tonnes of grain produced and marketed by a pro-
duction unit in a sales year is prescribed as the minimum level of
marketing necessary by a person enrolled in the plan to continue to
be enrolled in the plan.
(2) Five thousand tonnes of grain produced and marketed by a
production unit in a sales year is prescribed as the maximum level of
marketing for which a person enrolled in the plan is eligible to
receive payments under the plan. O. Reg. 181/89, s. 11.
12. Fees payable to the Commission by a production unit,
(a) are payable when a payment is made by the Commission
under the plan to the production unit; and
(b) shall be deducted from any payment payable under the plan
by the Commission to the production unit. O. Reg.
181/89, s. 12.
TABLE
Percentage
Grain
Moisture
Content
Barley
14.9
Canola
10.0
Com
15.5
Oats
14.1
Soybeans
13.0
Wheat
14.5
O. Reg. 181/89, Table.
731
Reg./Règl. 372
Reg./Règl. 372
Farm Products Containers Act
Loi sur les contenants de produits agricoles
REGULATION 372
CONTAINERS-FRUIT AND VEGETABLES
1.— (1) Inthis Regulation,
"association" means The Ontario Fruit and Vegetable Growers'
Association;
"producer" means a person engaged in the production of fruit or
vegetables and includes a person engaged in the handling, packing,
processing, shipping, transporting, purchasing or selling of fruit or
vegetables.
(2) The association is designated as an association to which the
Act applies and fruit and vegetables are designated as farm products
to which the Act applies. O. Reg. 470/89, s. 1.
2. Every producer who purchases containers for use or suitable
for use in the marketing of fruit or vegetables shall be deemed to be
the holder of a licence therefor. O. Reg. 428/83, s. 2.
3.— (1) Every producer shall pay to the seller on behalf of the
association licence fees of 2 per cent of the net invoice price of all
containers purchased by the producer in Ontario.
(2) Every person who sells containers to a producer shall collect
the licence fees payable under subsection (1) and shall, on or before
the 20th day of the month next following the month in which licence
fees were collected,
(a) complete and file with the association at its head office, a
statement in a form satisfactory to the association; and
(b) pay the amount collected to the association at its head
office.
(3) Every person who sells containers to a producer shall account
to the association for licence fees payable to the association.
(4) Every producer shall, on or before the 20th day of the month,
pay directly to the association licence fees of 2 per cent of the net
invoice price of all containers purchased by the producer outside
Ontario in the previous month.
(5) Every seller of containers in Ontario and every producer who
purchases containers outside Ontario shall pay to the association
interest at the rate of 1.5 per cent per month on overdue licence fees.
O. Reg. 470/89, s. 2.
4. Every person who sells containers to a producer shall clearly
show on every invoice covering the sale any licence fees payable to
the association on such sale. O. Reg. 428/83, s. 4.
5. The association shall not use licence fees received under clause
3 (2) (b) for the retail or wholesale distribution or processing of fruit
and vegetables. O. Reg. 428/83, s. 5.
6. The association may recover licence fees by suit in any court of
competent jurisdiction. O. Reg. 428/83, s. 6.
7. This Regulation does not apply to,
(a) field boxes and field crates;
(b) hampers of five-eighths of a bushel capacity;
(c) pallet boxes;
(d) bulk bins;
(e) containers for mushrooms; and
(f) containers for processed fruit or processed vegetables.
O. Reg. 428/83, s. 7.
733
Reg./Règl. 373
Reg./Règl. 373
Farm Products Grades and Sales Act
Loi sur le classement et la vente des produits agricoles
REGULATION 373
BURLEY TOBACCO
1. In this Regulation,
"grader" means a grader appointed to grade tobacco;
"injury" means damage that detracts from the appearance or usabil-
ity of tobacco leaves, other than damage by mould or by bits of
broken tobacco leaves and stems resulting from handling;
"tobacco" means unmanufactured burley tobacco produced in
Ontario;
"uniformity", when expressed as a figure, means the percentage of
tobacco leaves that meet the minimum colour intensity, leaf struc-
ture, body, width and length requirements for a particular grade.
O. Reg. 417/87, s. 1.
2. Tobacco is designated as a farm product. O. Reg. 417/87,
s. 2.
3. No person shall,
(a) sell or deliver for sale to a first buyer thereof; or
(b) buy from the producer thereof,
tobacco unless a grader has graded it and marked it with a grade
established by this Regulation. O. Reg. 417/87, s. 3.
4. Where tobacco is graded, the grader shall examine the tobacco
in as many bales on a pallet as are necessary to determine the grade
of all the tobacco on the pallet and shall affix to a bale on the pallet a
tag or label on which is legibly marked the grade of the tobacco on
the pallet. O. Reg. 417/87, s. 4.
5. Tobacco damaged by mould after being cured containing bits
of broken tobacco leaves and stems resulting from handling does not
qualify for a grade. O. Reg. 417/87, s. 5.
6. The grade factors for tobacco leaves are leaf group, colour,
intensity, leaf structure, body, width, length, uniformity and injury.
O. Reg. 417/87, s. 6.
7. The leaf groups for tobacco and the symbols therefor are,
(a) sands (S), consisting of the leaves nearest the ground on a
tobacco plant;
(b) cutters (C), consisting of the leaves above the sands and
below the leaf;
(c) leaf (L), consisting of the leaves above the cutters and
below the tips; and
(d) tips (T), consisting of the leaves as the top of a tobacco
plant. O. Reg. 417/87, s. 7.
8. The colour classes for tobacco and the symbols therefor are,
(a) buff(B);
(b) tan(T);
(c) pink (P), meaning that the lamina of at least 20 per cent of
the leaves is at least 20 per cent pink;
(d) tannish red (TR);
(e) red(R);
(0 dark red (DR);
(g) variegated (V), meaning that at least 20 per cent of the
leaves are greyish, mottled or bleached;
(h) greenish (G), meaning that at least 20 per cent of the leaves
contain green; and
(i) mixed (M), meaning that at least 20 per cent of the leaves
are of a distinctly different colour or leaf group. O. Reg.
417/87, s. 8.
9. The colour intensity classifications for tobacco are,
(a) strong;
(b) moderate; and
(c) weak. O. Reg. 417/87, s. 9.
10. The leaf structure classifications for tobacco are,
(a) open, meaning ripe and possessing a well-developed cell
structure giving the leaf an open grain;
(b) close, meaning fairly ripe and possessing a developed cell
structure giving the leaf a close grain; and
(c) tight, meaning possessing an undeveloped structure giving
the leaf a tight grain. O. Reg. 417/87, s. 10.
11. The body classifications for tobacco of each leaf group are,
(a) fleshy;
(b) medium; and
(c) lean. O. Reg. 417/87, s. 11.
12. The width classifications for tobacco of each leaf group other
than sands are,
(a) broad;
(b) normal; and
(c) narrow. O. Reg. 417/87, s. 12.
13. In each of sections 9, 10, 11 and 12, the most favourable clas-
sification is listed first and the least favourable classification is listed
last. O. Reg. 417/87, s. 13.
14.— (1) The grades indicated in Schedules 1 to 4 and section 15
are established for tobacco.
(2) Tobacco, the majority of which is of the leaf group indicated
in the heading of a schedule, may be graded with a grade indicated in
the schedule if it meets the minimum grade requirements set oppo-
site the grade.
735
Reg./Règl. 373
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 373
(3) Tobacco, no more than 20 per cent of the leaves of which
have an injury referred to in subsection (4), may be graded with the
grade for which it would qualify but for the injury if the grade mark
designating the grade that is affixed to the bale is followed by the
symbol referred to for the appropriate condition set out in sub-
section (4).
(4) For the purpose of subsection (3), the symbol to be used,
(a) in the case of severely leaf-spotted tobacco, is D;
(b) in the case of severely hailed tobacco, is H;
(c) in the case of frosted tobacco, is O;
(d) in the case of severely sweated or barn-burnt tobacco, is S;
(e) in the case of severely bruised or sunburnt tobacco, is B;
(f) in the case of wet tobacco, is W; and
(g) in the case of tobacco with excessive dirt, foreign material
or odour, is U.
(5) Each symbol required to follow a grade mark shall be legibly
marked and shall be at least as large as the symbols in the grade
mark. O. Reg. 417/87, s. 14.
IS.— (1) In this section, "nondescript" means tobacco that does
not qualify for a grade indicated in the schedules and more than 20
per cent of the leaves of which are.
(a) aphid infected;
(b) badly hailed;
(c) severely barn-burnt;
(d) crude right through the lamina;
(e) dead;
(f) dirty;
(g) frosted;
(h) green; or
(i) water damaged.
(2) The symbol for nondescript tobacco is ND.
(3) Nondescript tobacco may be graded with one of the following
grades, the first symbol of which indicates the leaf group of the
majority of the tobacco:
1. S-ND.
2. C-ND.
3. L-ND.
4. T-ND. O. Reg. 417/87, s. 15.
Schedule 1
SANDS
Grade
Grade Requirements
Colour
Colour
Intensity
Leaf
Structure
Body
Approximate
Length .
(maximum
inches)
Uniformity
(minimum
per cent)
Injury
(maximum
per cent)
STl
ST2
ST3
SBl
SB2
SB3
SV3
SV4
SV5
SG3
SG4
SG5
SM3
SM4
SM5
tan
tan
tan
buff
buff
buff
variegated
variegated
variegated
greenish
greenish
greenish
mixed
mixed
mixed
strong
moderate
moderate
strong
moderate
weak
moderate
moderate
weak
moderate
moderate
weak
strong
moderate
weak
open
open
close
open
close
tight
close
close
tight
close
close
tight
open
close
tight
fleshy
medium
lean
medium
medium
lean
medium
lean
lean
medium
medium
lean
fleshy
medium
lean
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
90
80
70
90
80
70
80
75
70
80
75
70
80
75
70
10
30
50
10
30
50
30
40
50
30
40
50
30
40
50
O. Reg. 417/87, Sched.l.
736
Reg./Règl. 373
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 373
Schedule 2
CUTTERS
Grade Requirement?
Grade
Colour
Colour
Intensity
Leaf
Structure
Body
Width
Approximate
Length
(maximum
inches)
Uniformity
(minimum
per cent)
Injury
(maximum
per cent)
CTl
tan
strong
open
fleshy
broad
20
90
10
CT2
tan
moderate
open
medium
normal
18
80
30
CT3
tan
moderate
close
lean
normal
16
70
50
CTRl
tannish red
strong
close
medium
broad
20
90
10
CTR2
tannish red
moderate
close
medium
normal
18
80
30
crR3
tannish red
moderate
tight
lean
normal
16
70
50
CBl
buff
moderate
close
fleshy
broad
20
90
10
CB2
buff
moderate
close
medium
normal
18
80
30
CB3
buff
weak
tight
lean
normal
16
70
50
CP3
pink
moderate
close
medium
normal
18
80
30
CP4
pink
moderate
close
medium
normal
18
75
40
CP5
pink
weak
tight
lean
narrow
16
70
50
CV3
variegated
moderate
close
medium
normal
18
80
30
CV4
variegated
moderate
close
medium
normal
18
75
40
CV5
variegated
weak
tight
lean
narrow
16
70
50
CG3
greenish
moderate
close
medium
normal
18
80
30
CG4
greenish
moderate
close
medium
normal
18
75
40
CG5
greenish
weak
tight
lean
narrow
16
70
50
CM3
mixed
strong
open
fleshy
normal
18
80
30
CM4
mixed
moderate
close
medium
normal
16
75
40
CM5
mixed
weak
tight
lean
narrow
16
70
50
O. Reg. 417/87, Sched. 2.
Schedule 3
LEAF
Grade Requirements
Grade
Colour
Colour
Intensity
Leaf
Structure
Body
Width
Approximate
Length
(maximum
Uniformity
(minimum
Injury
(maximum
inches)
percent)
per cent)
LRl
red
strong
open
fleshy
normal
20
90
10
LR2
red
moderate
open
medium
normal
16
80
30
LR3
red
moderate
close
lean
narrow
16
70
50
LTl
tan
strong
close
medium
normal
20
90
10
LT2
tan
moderate
close
medium
normal
16
80
30
LT3
tan
moderate
tight
lean
narrow
16
70
50
LTRl
tannish red
moderate
close
medium
normal
20
90
10
LTR2
tannish red
moderate
close
medium
normal
16
80
30
LTR3
tannish red
weak
tight
lean
narrow
16
70
50
LP3
pink
moderate
close
medium
normal
16
80
30
LP4
pink
moderate
close
medium
normal
16
75
40
LP5
pink
weak
tight
lean
narrow
16
70
50
LV3
variegated
moderate
close
medium
normal
16
80
30
LV4
variegated
moderate
close
medium
normal
16
75
40
LV5
variegated
weak
tight
lean
narrow
16
70
50
LG3
greenish
moderate
close
medium
normal
16
80
30
LG4
greenish
moderate
close
medium
normal
16
75
40
LG5
greenish
weak
tight
lean
narrow
16
70
50
LM3
mixed
strong
open
fleshy
normal
16
80
30
LM4
mixed
moderate
close
medium
normal
16
75
40
LM5
mixed
weak
tight
lean
narrow
16
70
50
O. Reg. 417/87, Sched. 3.
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Reg./Règl. 373
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 374
Schedule 4
TIPS
Grade
Requirements
Grade
Colour
Colour
Intensity
Leaf
Structure
Body
Width
Approximate
Length
(maximum
inches)
Uniformity
(minimum
per cent)
Injury
(maximum
per cent)
TDRl
dark red
strong
open
fleshy
normal
16
90
10
TDR2
dark red
moderate
open
medium
narrow
16
80
30
TDR3
dark red
moderate
close
lean
narrow
16
70
50
TRI
red
strong
close
medium
normal
16
90
10
TR2
red
moderate
close
medium
narrow
16
80
30
TR3
red
moderate
tight
lean
narrow
16
70
50
TV3
variegated
moderate
close
medium
normal
16
80
30
TV4
variegated
moderate
close
medium
narrow
16
75
40
TV5
variegated
weak
tight
lean
narrow
16
70
50
TG3
greenish
moderate
close
medium
normal
16
80
30
TG4
greenish
moderate
close
medium
narrow
16
75
40
TG5
greenish
weak
tight
lean
narrow
16
70
50
TM3
mixed
strong
open
fleshy
normal
16
80
30
TM4
mixed
moderate
close
medium
narrow
16
75
40
TM5
mixed
weak
tight
lean
narrow
16
70
50
O. Reg. 417/87, Sched. 4.
REGULATION 374
FLUE-CURED TOBACCO
1. In this Regulation,
"crude" means,
(a) hard, slick, extremely immature or firekilled, and
(b) black or green in colour;
"grader" means a grader appointed to grade tobacco;
"green tolerance", when expressed as a figure, means the maximum
percentage of a tobacco leaf that can be green in colour for the
tobacco leaf to meet the requirements for the grade;
"injury" means damage that detracts from the appearance or usabil-
ity of tobacco leaves, but does not include waste;
"maturity" means degree of ripeness;
"tobacco" means unmanufactured flue-cured tobacco produced in
Ontario;
"uniformity", when expressed as a figure, means the percentage of
tobacco leaves that meet the minimum colour intensity, leaf struc-
ture, leaf development, maturity, width and length requirements
for a particular grade;
"variegated" means mottled grey in colour;
"waste" means unusable due to excessive damage. O. Reg. 653/87,
s. 1.
2. Tobacco is designated as a farm product. O. Reg. 653/87,
s. 2.
3. No person shall,
(a) sell or deliver for sale to a first buyer thereof; or
(b) buy from the producer thereof.
tobacco unless a grader has graded it and it has been marked with a
grade established by this Regulation. O. Reg. 653/87, s. 3.
4. Where tobacco is graded, the grader shall examine the tobacco
in as many bales of a lot as are necessary to determine the grade of
all the tobacco in the lot and shall have affixed to a bale a tag or label
under the Act on which is legibly marked the grade of the tobacco.
O. Reg. 653/87, s. 4.
5.— (1) Tobacco does not qualify for a grade if it is damaged by
mould after being cured, is damaged by smoke or soot at any time or
contains bits of broken tobacco leaves and stems resulting from han-
dling.
(2) Despite subsection (1), bits of broken tobacco leaves and
stems free from foreign material may be graded as scrap and so
marked. O. Reg. 653/87, s. 5.
6. The grade factors for tobacco leaves are plant position group,
colour, colour intensity, leaf structure, leaf development, maturity,
width, length, green tolerance, uniformity, injury and waste and
crude. O. Reg. 653/87, s. 6.
7. The plant position groups for tobacco and the symbols therefor
(a) lugs (X), consisting of the leaves nearest the ground on a
tobacco plant;
(b) cutters (C), consisting of the leaves above the lugs and
below the cutter leaf;
(c) cutter leaf (H), consisting of the leaves in the mid to upper
part of a tobacco plant;
(d) leaf (B), consisting of the leaves in the upper part of a
tobacco plant; and
(e) tips (T), consisting of the leaves at the top of a tobacco
plant. O. Reg. 653/87, s. 7.
8. The colour symbols in the grades for tobacco and the meaning
of such symbols are,
(a) L, meaning lemon;
738
Reg./Règl. 374
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
(b) O, meaning light to medium orange;
(c) M, meaning medium orange to mahogany;
(d) F, meaning dusky tan;
(e) R, meaning reddish;
(0 V, meaning that at least 20 per cent of the leaves are varie-
gated;
(g) VL, meaning variegated lemon;
(h) VF, meaning variegated dusky tan;
(i) A, meaning green on the butt of a leaf;
(j) G, meaning lemon to light orange to medium orange to
mahogany to dusky tan with green on the lamina of a leaf;
(k) GL, meaning lemon to light orange to medium orange with
green on parts of the leaf other than the butt;
(I) GF, meaning medium orange to mahogany to dusky tan
with green on parts of the leaf other than the butt;
(m) K, meaning that at least 50 per cent of the leaves are grey;
and
(n) CR, meaning cherry red. O. Reg. 653/87, s. 8.
9. The colour intensity classifications for tobacco are,
(a) deep;
(b) strong;
(c) moderate;
(d) weak; and
(e) pale. O. Reg. 653/87, s. 9.
10. The leaf structure classifications for tobacco are,
(a) open;
(b) firm;
(c) close;
(d) tight; and
(e) slick. O. Reg. 653/87, s. 10.
11. The leaf development classifications for tobacco of each plant
position group are,
(a) fleshy;
(b) medium fleshy;
(c) medium;
(d) thin; and
(e) skinny. O. Reg. 653/87, s. U.
12. The maturity classifications for tobacco are,
(a) very ripe;
(b) ripe;
(c) medium mature;
(d) slightly immature; and
(e) immature. O. Reg. 653/87, s. 12.
13. In each of sections 9 to 12, the most honourable classification
Reg./Règl. 374
is listed first and the least favourable classification is listed last.
O. Reg. 653/87, s. 13.
14.— (1) The grades indicated in Schedules 1 to 5, subsection 5 (2)
and sections 15 and 16 are established for tobacco.
(2) Tobacco, the majority of which is of the plant position group
indicated in the heading of a Schedule, may be graded with a grade
indicated in the Schedule if it meets the minimum grade require-
ments set opposite the grade.
(3) Tobacco, no more than 20 per cent of the leaves of which
have an injury referred to in subsection (4), may be graded with the
grade for which it would qualify but for the injury if the grade mark
designating the grade that is affixed to the bale is followed by the
symbol referred to for the appropriate special factor set out in sub-
section (4).
(4) For the purpose of subsection (3), the symbol to be used,
(a) in the case of tobacco severely leaf-spotted, scalded, oxi-
dized or damaged by pole rot, is D;
(b) in the case of frosted tobacco, is O;
(c) in the case of severely scorched tobacco, is S; and
(d) in the case of wet tobacco or tobacco reddened by excess
moisture, is W.
(5) Each symbol referred to in subsection (4) shall be legibly
marked and shall be at least as large as the symbols in the grade
mark.
(6) Where maleic hydrazide was applied to tobacco, the producer
of the tobacco before delivering the tobacco for sale shall legibly
mark on each side of the bale or other container of the tobacco, in
symbols at least two inches in height, the letters MH.
(7) Subsection (6) does not apply to a producer of tobacco who
notifies the person in charge of grading at the tobacco auction
exchange to which he or she delivers tobacco, not later than the time
of delivery of the tobacco, that the producer applied maleic hydra-
zide to the tobacco during the growing season.
(8) Tobacco to which maleic hydrazide was applied shall not be
included in any grade in the Schedules, but a grader may mark the
tobacco with the letters and figures of the grade it would have had if
maleic hydrazide had not been applied, if that mark is followed by
the letters MH legibly marked or printed in at least the same size.
(9) Section 3 does not apply to tobacco marked in accordance
with subsections (6), (7) and (8). O. Reg. 653/87, s. 14.
15.— (1) In this section, "nondescript tobacco" means tobacco
which contains,
(a) more than 25 per cent waste and crude; or
(b) in the case of lugs, cutter or cutter leaf, more than 60 per
cent injury or, in the case of leaf or tips, more than 50 per
cent injury.
(2) The symbol for nondescript tobacco is ND.
(3) Nondescript tobacco may be graded with one of the following
grades:
1 . NDX, if it consists of lugs.
2. NDC, if it consists of cutters or cutter leaf.
3. NDB, if it consists of leaf or tip. O. Reg. 653/87, s. 15.
16.— (1) In this section, "mixed tobacco" means any lot of
tobacco,
(a) that is less than 65 per cent uniform in colour; or
739
Reg./Règl. 374
FARM PRODUCTS GRADES AND SALES
Reg./RègL 374
(b) of which more than 35 per cent of the leaves are more than
one plant position removed from the plant position group
making up the greatest percentage of the tobacco.
(2) The symbol for mixed tobacco is NOG.
(3) Mixed tobacco may be graded NOG. O. Reg. 653/87, s. 16.
Schedule 1
LUGS
Grade
Grade Requirements
Colour
Intensity
Leaf
Structure
Leaf
Development
Maturity
Average
Width
(inches)
Average
Length
(inches)
Green
Tolerance
Uniformity
(minimum
per cent)
Injury
(maximum
percent)
Waste
and Crude
(maximum
^ per cent)
XOl
deep
open
fleshy
ripe
no requirements
15 and under
0
90
5
0
X02
strong
open
medium fleshy
ripe
no requirements
15 and under
0
85
10
0
X03
moderate
firm
medium
ripe
no requirements
15 and under
0
80
20
0
X04
moderate
firm
medium
ripe
no requirements
15 and under
0
75
30
5
X05
weak
close
thin
ripe
no requirements
15 and under
0
70
50
15
X06
weak
close
thin
ripe
no requirements
15 and under
0
65
60
25
XLl
strong
firm
medium fleshy
medium mature
no requirements
15 and under
0
90
5
0
XL2
moderate
firm
medium
medium mature
no requirements
15 and under
0
85
10
0
XL3
moderate
close
medium
medium mature
no requirements
15 and under
0
80
20
0
XL4
weak
close
thin
medium mature
no requirements
15 and under
0
75
30
5
XL5
pale
tight
skinny
medium mature
no requirements
15 and under
0
70
50
15
XL6
pale
tight
skinny
medium mature
no requirements
15 and under
0
65
60
25
XAl
strong
firm
medium fleshy
ripe
no requirements
15 and under
0
85
10
0
XA2
moderate
close
medium
medium mature
no requirements
15 and under
0
75
30
10
XA3
weak
tight
thin
medium mature
no requirements
15 and under
0
65
60
25
XGl
strong
close
medium fleshy
slightly immature
no requirements
15 and under
10
90
5
0
XG2
moderate
close
medium
slightly immature
no requirements
15 and under
20
85
10
0
XG3
moderate
tight
medium
immature
no requirements
15 and under
30
80
20
0
XG4
weak
tight
thin
immature
no requirements
15 and under
40
75
30
5
XG5
pale
slick
skinny
immature
no requirements
15 and under
50
70
50
15
XG6
pale
slick
skinny
immature
no requirements
15 and under
60
65
60
25
XK4
no
require-
ments
no require-
ments
no requirements
immature
no requirements
15 and under
0
75
30
10
XK
no
require-
ments
no require-
ments
no requirements
immature
no requirements
15 and under
0
65
60
25
XCR
no
require-
ments
no require-
ments
no requirements
medium immature
no requirements
15 and under
0
65
60
10
O. Reg. 653/87, Sched. 1.
740
Reg./Règl. 374
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 374
Schedule 2
CUTTERS
Grade Requirements
Grade
Colour
Intensity
Leaf
Structure
Leaf
Development
Maturity
Average
Width
(inches)
Average
Length
(inches)
Green
Tolerance
Uniformity
(minimum
per cent)
Injury
(maximum
per cent)
Waste
and Crude
(maximum
per cent)
COI
deep
open
fleshy
ripe
7
15 and over
0
90
5
0
C02
strong
open
medium fleshy
ripe
7
15 and over
0
85
10
0
C03
moderate
firm
medium
ripe
5
15 and over
0
80
20
0
C04
moderate
firm
medium
ripe
no requirements
15 and over
0
75
30
5
C05
weak
close
thin
ripe
no requirements
15 and over
0
70
50
15
C06
weak
close
thin
ripe
no requirements
15 and over
0
65
60
25
CLl
strong
firm
medium fleshy
medium mature
7
15 and over
0
90
5
0
CL2
moderate
firm
medium
medium mature
7
15 and over
0
85
10
0
CL3
moderate
close
medium
medium mature
5
15 and over
0
80
20
0
CL4
weak
close
thin
medium mature
no requirements
15 and over
0
75
30
5
CL5
pale
tight
skinny
medium mature
no requirements
15 and over
0
70
50
15
CL6
pale
tight
skinny
medium mature
no requirements
15 and over
0
65
60
25
CRI
strong
close
medium fleshy
medium mature
7
15 and over
0
85
10
0
CR2
moderate
close
medium
medium mature
5
15 and over
0
75
30
10
CR3
moderate
tight
thin
medium mature
no requirements
15 and over
0
65
60
25
CVl
moderate
close
medium
slightly immature
7
15 and over
0
85
10
0
CV2
weak
close
thin
slightly immature
5
15 and over
0
75
30
10
CV3
pale
tight
skinny
slightly immature
no requirements
15 and over
0
65
60
25
CAl
strong
firm
medium fleshy
ripe
7
15 and over
0
85
10
0
CA2
moderate
close
medium
medium mature
5
15 and over
0
75
30
10
CA3
weak
tight
thin
medium mature
no requirements
15 and over
0
65
60
25
CGI
strong
close
medium fleshy
slightly immature
7
15 and over
10
90
5
0
CG2
moderate
close
medium
slightly immature
7
15 and over
20
85
10
0
CG3
moderate
tight
medium
immature
5
15 and over
30
80
20
0
CG4
weak
tight
thin
immature
no requirements
15 and over
40
75
30
5
CG5
pale
slick
skinny
immature
no requirements
15 and over
50
70
50
15
CG6
pale
slick
skinny
immature
no requirements
15 and over
60
65
60
25
CK4
weak
tight
no requirements
immature
no requirements
15 and over
0
75
30
10
CK
pale
slick
no requirements
immature
no requirements
15 and over
0
65
60
25
CCR
moderate
close
no requirements
medium mature
no requirements
15 and over
0
65
60
10
O. Reg. 653/87, Sched. 2.
741
Reg./Règl. 374
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 374
Schedule 3
CUTTER LEAF
Grade
Grade Requirements
Colour
Intensity
Leaf
Structure
Leaf
Development
Maturity
Average
Width
(inches)
Average
Length
(inches)
Green
Tolerance
Uniformity
(minimum
per cent)
Injury
(maximum
per cent)
Waste
and Crude
(maximum
per cent)
HOl
deep
open
fleshy
ripe
9
16 and over
0
90
5
0
H02
strong
open
medium fleshy
ripe
9
16 and over
0
85
10
0
H03
moderate
firm
medium
ripe
7
16 and over
0
80
20
0
H04
moderate
firm
medium
ripe
no requirements
16 and over
0
75
30
5
H05
weak
close
thin
ripe
no requirements
16 and over
0
70
50
15
H06
weak
close
thin
ripe
no requirements
16 and over
0
65
60
25
HMl
deep
open
fleshy
very ripe
9
16 and over
0
90
5
0
HM2
strong
open
medium fleshy
very ripe
9
16 and over
0
85
10
0
HM3
moderate
firm
medium fleshy
very ripe
7
16 and over
0
80
20
0
HM4
moderate
firm
medium
very ripe
no requirements
16 and over
0
75
30
5
HM5
weak
close
thin
very ripe
no requirements
16 and over
0
70
50
15
HM6
weak
close
thin
very ripe
no requirements
16 and over
0
65
60
25
HLl
strong
close
medium fleshy
medium mature
9
16 and over
0
90
5
0
HL2
moderate
close
medium
medium mature
9
16 and over
0
85
10
0
HL3
moderate
tight
medium
medium mature
7
16 and over
0
80
20
0
HL4
weak
tight
thin
medium mature
no requirements
16 and over
0
75
30
5
HL5
weak
tight
skinny
medium mature
no requirements
16 and over
0
70
50
15
HL6
weak
tight
skinny
medium mature
no requirements
16 and over
0
65
60
25
HFl
strong
close
medium fleshy
medium mature
9
16 and over
0
90
5
0
HF2
moderate
close
medium
medium mature
9
16 and over
0
85
10
0
HF3
moderate
tight
medium
medium mature
7
16 and over
0
80
20
0
HF4
weak
tight
thin
medium mature
no requirements
16 and over
0
75
30
5
HF5
weak
tight
skinny
medium mature
no requirements
16 and over
0
70
50
15
HF6
weak
tight
skinny
medium mature
no requirements
16 and over
0
65
60
25
HRl
strong
close
medium fleshy
medium mature
9
16 and over
0
85
10
0
HR2
moderate
close
medium
medium mature
7
16 and over
0
75
30
10
HR3
moderate
tight
thin
medium mature
no requirements
16 and over
0
65
60
25
HVl
moderate
close
medium
slightly immature
9
16 and over
0
85
10
0
HV2
weak
close
thin
slightly immature
7
16 and over
0
75
30
10
HV3
pale
tight
skinny
slightly immature
no requirements
16 and over
0
65
60
25
HAÏ
strong
firm
medium fleshy
ripe
9
16 and over
0
85
10
0
HA2
moderate
close
medium
medium mature
7
16 and over
0
75
30
10
HA3
weak
tight
thin
medium mature
no requirements
16 and over
0
65
60
25
HGl
strong
close
medium fleshy
slightly immature
9
16 and over
10
90
5
0
742
Reg./Règl. 374
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 374
Grade
Grade Requirements
Colour
Intensity
Leaf
Structure
Leaf
Development
Maturity
Average
Width
(inches)
Average
Length
(inches)
Green
Tolerance
Uniformity
(minimum
per cent)
Injury
(maximum
per cent)
Waste
and Crude
(maximum
per cent)
HG2
HG3
HG4
HG5
HG6
HCR
moderate
moderate
weak
pale
pale
moderate
close
tight
tight
slick
slick
no require-
ments
medium
medium
thin
skinny
skinny
medium
slightly immature
immature
immature
immature
immature
medium mature
7
no requirements
no requirements
no requirements
no requirements
no requirements
16 and over
16 and over
16 and over
16 and over
16 and over
no
requirements
20
30
40
50
60
0
85
80
75
70
65
65
10
20
30
50
60
50
0
0
5
15
25
10
O. Reg. 653/87, Sched. 3; O. Reg. 632/88, s. 1.
Schedule 4
LEAF
Grade
Grade Requirements
BOl
B02
B03
B04
B05
B06
BMl
BM2
BM3
BM4
BM5
BM6
BLl
BL2
BL3
BL4
BL5
BL6
BFl
BF2
BF3
BF4
BF5
Colour
Intensity
deep
strong
moderate
moderate
weak
weak
deep
strong
moderate
moderate
weak
weak
strong
moderate
moderate
weak
weak
weak
strong
moderate
moderate
weak
weak
Leaf
Structure
open
open
firm
firm
close
close
open
open
firm
firm
close
close
close
close
tight
tight
slick
slick
close
close
tight
tight
slick
Leaf
Development
fleshy
medium fleshy
medium
medium
thin
thin
fleshy
medium fleshy
medium fleshy
medium
thin
thin
medium fleshy
medium
medium
thin
skinny
skinny
medium fleshy
medium
medium
thin
skinny
Maturity
npe
ripe
ripe
ripe
ripe
ripe
very ripe
very ripe
very ripe
very ripe
very ripe
very ripe
medium mature
medium mature
medium mature
medium mature
medium mature
medium mature
medium mature
medium mature
medium mature
medium mature
medium mature
Average
Width
(inches)
9
7
5
no requirements
no requirements
no requirements
9
9
7
no requirements
no requirements
no requirements
9
7
5
no requirements
no requirements
no requirements
9
9
7
no requirements
no requirements
Average
Length
(inches)
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
16 and over
Green
Tolerance
Uniformity
(minimum
per cent)
90
85
80
75
70
65
90
85
80
75
70
65
90
85
80
75
70
65
90
85
80
75
70
Injury
(maximum
per cent)
5
10
20
30
40
50
5
10
20
30
40
50
5
10
20
30
40
50
5
10
20
30
40
Waste
and Crude
(maximum
per cent)
0
0
0
5
15
25
0
0
0
5
15
25
0
0
0
5
15
25
0
0
0
5
15
743
Reg./Règl. 374
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 374
Grade
Grade Requirements
Colour
Intensity
Leaf
Structure
Leaf
Development
Maturity
Average
Width
(inches)
Average
Length
(inches)
Green
Tolerance
Uniformity
(minimum
per cent)
Injury
(maximum
' per cent)
Waste
and Crude
(maximum
per cent)
BF6
weak
slick
skinny
medium mature
no requirements
16 and over
0
65
50
25
BRI
strong
close
medium fleshy
medium mature
9
16 and over
0
85
10
0
BR2
moderate
close
medium
medium mature
7
16 and over
0
75
30
10
BR3
moderate
tight
thin
medium mature
no requirements
16 and over
0
65
50
25
BVLl
moderate
close
medium
slightly immature
9
16 and over
0
85
10
0
BVL2
weak
close
thin
slightly immature
7
16 and over
0
75
30
10
BVL3
pale
tight
skinny
slightly immature
no requirements
16 and over
0
65
50
25
BVFl
moderate
close
medium
slightly immature
9
16 and over
0
85
10
0
BVF2
weak
close
thin
slightly immature
7
16 and over
0
75
30
10
BVF3
pale
tight
skinny
slightly immature
no requirements
16 and over
0
65
50
25
BALl
strong
firm
medium fleshy
ripe
9
16 and over
0
85
10
0
BAL2
moderate
close
medium
medium mature
7
16 and over
0
75
30
10
BAL3
weak
tight
thin
medium mature
5
16 and over
0
65
50
25
BAFl
strong
firm
medium fleshy
ripe
9
16 and over
0
85
10
0
BAF2
moderate
close
medium
medium mature
7
16 and over
0
75
30
10
BAF3
weak
tight
thin
medium mature
5
16 and over
0
65
50
25
BGLl
strong
close
medium fleshy
slightly immature
9
16 and over
10
90
5
0
BGL2
moderate
close
medium
slightly immature
7
16 and over
20
85
10
0
BGL3
moderate
tight
medium
immature
no requirements
16 and over
30
80
20
0
BGFl
strong
close
medium fleshy
slightly immature
9
16 and over
10
90
5
0
BGF2
moderate
close
medium
slightly immature
7
16 and over
20
85
10
0
BGF3
moderate
tight
medium
immature
no requirements
16 and over
30
80
20
0
BG4
weak
tight
thin
immature
no requirements
no
requirements
40
75
30
5
BG5
pale
slick
skinny
immature
no requirements
no
requirements
50
70
40
15
BG6
pale
slick
skinny
immature
no requirements
no
requirements
60
65
50
25
BK4
weak
tight
thin
immature
no requirements
no
requirements
0
75
30
15
BK
pale
slick
skinny
immature
no requirements
no
requirements
0
65
50
25
BCR
strong
no require-
ments
medium
medium mature
no requirements
no
requirements
0
65
50
10
O. Reg. 653/87, Sched. 4.
744
Reg./Règl.374
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 374
Schedule 5
TIPS
Grade
Grade Requirements
Colour
Intensity
Leaf
Structure
Leaf
Development
Maturity
Average
Width
(inches)
Average
Length
(inches)
Green
Tolerance
Uniformity
(minimum
per cent)
Injury
(maximum
per cent)
Waste
and Crude
(maximum
per cent)
TOI
deep
open
fleshy
ripe
5
16 or under
0
90
5
0
T02
strong
open
medium fleshy
ripe
5
16 or under
0
85
10
0
T03
moderate
firm
medium
ripe
3
16 or under
0
80
20
0
T04
moderate
firm
medium
ripe
no requirements
16 or under
0
75
30
5
T05
weak
close
thin
ripe
no requirements
16 or under
0
70
40
15
T06
weak
close
thin
ripe
no requirements
16 or under
0
65
50
25
TMl
deep
open
fleshy
very ripe
5
16 or under
0
90
5
0
TM2
strong
open
medium fleshy
very ripe
5
16 or under
0
85
10
0
TM3
moderate
firm
medium fleshy
very ripe
3
16 or under
0
80
20
0
TM4
moderate
firm
medium
very ripe
no requirements
16 or under
0
75
30
5
TM5
weak
close
thin
very ripe
no requirements
16 or under
0
70
40
15
TM6
weak
close
thin
very ripe
no requirements
16 or under
0
65
50
25
TLl
strong
close
medium fleshy
medium mature
5
16 or under
0
90
5
0
TL2
moderate
close
medium
medium mature
5
16 or under
0
85
10
0
TU
moderate
tight
medium
medium mature
3
16 or under
0
80
20
0
TL4
weak
tight
thin
medium mature
no requirements
16 or under
0
75
30
5
TL5
weak
slick
skinny
medium mature
no requirements
16 or under
0
70
40
15
TL6
weak
slick
skinny
medium mature
no requirements
16 or under
0
65
50
25
TFl
strong
close
medium fleshy
medium mature
5
16 or under
0
90
5
0
TF2
moderate
close
medium
medium mature
5
16 or under
0
85
10
0
TF3
moderate
tight
medium
medium mature
3
16 or under
0
80
20
0
TF4
weak
tight
thin
medium mature
no requirements
16 or under
0
75
30
5
TF5
weak
slick
skinny
medium mature
no requirements
16 or under
0
70
40
15
TF6
weak
slick
skinny
medium mature
no requirements
16 or under
0
65
50
25
TRI
strong
close
medium fleshy
medium mature
5
16 or under
0
85
10
0
TR2
moderate
close
medium
medium mature
5
16 or under
0
75
30
10
TR3
moderate
tight
thin
medium mature
3
16 or under
0
65
50
25
TVl
moderate
close
medium
slightly immature
5
16 or under
0
85
10
0
TV2
weak
close
thin
slightly immature
5
16 or under
0
75
30
10
TV3
pale
tight
skinny
slightly immature
3
16 or under
0
65
50
25
TAl
strong
firm
medium fleshy
ripe
5
16 or under
0
85
10
0
TA2
moderate
close
medium
medium mature
5
16 or under
0
75
30
10
TA3
weak
tight
thin
medium mature
3
16 or under
0
65
50
25
TGLl
strong
close
medium fleshy
slightly immature
5
16 or under
10
90
5
0
745
Reg./Règl. 374
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 375
Grade
Grade Requirements
Colour
Intensity
Uaf
Structure
Leaf
Development
Maturity
Average
Width
(inches)
Average
Length
(inches)
Green
Tolerance
Uniformity
(minimum
per cent)
Injury
(maximum
: per cent)
Waste
and Crude
(maximum
per cent)
TGL2
TGL3
TGFl
TGF2
TGF3
TG4
TG5
TG6
moderate
moderate
strong
moderate
moderate
weak
pale
pale
close
tight
close
close
tight
tight
slick
slick
medium
medium
medium fleshy
medium
medium
thin
skinny
skinny
slightly immature
immature
slightly immature
slightly immature
immature
immature
immature
immature
5
3
5
5
3
no requirements
no requirements
no requirements
16 or under
16 or under
16 or under
16 or under
16 or under
16 or under
16 or under
16 or under
20
30
10
20
30
40
50
60
85
80
90
85
80
75
70
65
10
20
5
10
20
30
40
50
0
0
0
0
0
5
15
25
O. Reg. 653/87, Sched. 5.
REGULATION 375
FRUIT-CONTROLLED-ATMOSPHERE STORAGE
1. In this Regulation,
"Director" means the Director of the Plant Products Inspection
Branch of the Ministry of Agriculture and Food;
"mechanical sealing" means the closing and sealing of the loading
door of a compartment in a controlled-atmosphere storage plant
by the operator so as to be sufficiently air-tight for the purpose of
controlled-atmosphere storage;
"official seal" means a seal provided by an inspector and affixed by
him or her to the loading door of a compartment in a controlled-
atmosphere storage plant so that the door cannot thereafter be
opened without breaking the official seal;
"operator" means an operator of a controlled-atmosphere storage
plant. R.R.O. 1980, Reg. 329, s. 1.
2.— (1) An application for a licence or a renewal of a licence as,
(a) an operator; or
(b) a packer of controlled-atmosphere fruit,
shall be made to the Director in Form 1 .
(2) A licence as,
(a) an operator; or
(b) a packer of controlled-atmosphere fruit,
shall be in Form 2.
(3) A licence in Form 2 expires with the 31st day of August next
following the date on which the licence is issued.
(4) The annual fee for a licence in Form 2 is,
(a) for an operator, $15; and
(b) for a packer, $2. R.R.O. 1980, Reg. 329, s. 2.
3.— (1) Subject to section 4, a licence as an operator in Form 2 is
issued upon condition that, where apples are stored as controlled-at-
mosphere fruit, the operator,
(a) notifies the Plant Products Inspection Branch of the Minis-
try of Agriculture and Food within 120 hours of every
mechanical sealing;
(b) controls the oxygen content of the air in each sealed com-
partment at not more than 5 per cent within 480 hours after
the time of mechanical sealing;
(c) maintains during storage an oxygen content of not more
than 5 per cent in each compartment in which fruit is stored
for a storage period of at least ninety consecutive days;
(d) does not at any time break or permit to be broken an offi-
cial seal other than where the operator,
(i) has first obtained the permission of an inspector to
break the seal in order that necessary major repairs
to the equipment or structure of the compartment
may be made, or
(ii) has first obtained the permission of an inspector and
the storage period referred to in clause (c) has been
completed;
(e) maintains on a form to be provided by the Director, an
accurate daily record of the atmosphere in respect of each
compartment in which fruit is stored;
(f) keeps a record of the capacity of each compartment, the
identification of each lot of fruit, and the quantity of each
lot of fruit in storage;
(g) allows inspection of all records pertaining to the stored fruit
at all reasonable times by the owner of the fruit or the
owner's agent or an inspector; and
(h) marks immediately on each container of controlled atmo-
sphere fruit removed from a sealed compartment for deliv-
ery to a licensed packer,
(i) the words "controlled-atmosphere" immediately
preceding the name of the kind of fruit, and
(ii) the number of the licence as an operator in Form 2 .
R.R.O. 1980, Reg. 329, s. 3 (1).
746
Reg./Règl. 375
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./RègL 375
(2) Where an operator has compHed with clause (1) (b) with
respect to any compartment, an official seal shall be affixed to the
loading door of the compartment. R.R.O. 1980, Reg. 329, s. 3 (2).
(3) An inspector may require that an operator carry out adjust-
ments to the mechanical sealing of a compartment in order to affix
the official seal. R.R.O. 1980, Reg. 329, s. 3 (3).
4. Where it is necessary to make major repairs to the equipment
or structure of a compartment in which fruit is stored, the oxygen
content of the compartment may exceed 5 per cent for a period of
not more than 240 hours if,
(a) the operator forthwith notifies the Farm Products Quality
Branch of the Ministry of Agriculture and Food that the
oxygen content of the compartment exceeds 5 per cent;
(b) the oxygen content of the compartment does not exceed 5
per cent for a period of at least ninety non-consecutive
days; and
(c) the total storage time commencing with the time of compli-
ance with clause 3 (1) (b) is not less than 100 consecutive
days. R.R.O. 1980, Reg. 329, s. 4.
5. Where the holder of a licence in Form 2 repacks controlled-at-
mosphere fruit, the holder may mark immediately on each container
into which the holder repacks the fruit,
(a) the words "controlled-atmosphere" or the designation
"C.A." or any other words or designation indicating that
the fruit is controlled-atmosphere fruit immediately preced-
ing the name of the kind of fruit; and
(b) the number of the licence. R.R.O. 1980, Reg. 329, s. 5.
6.— (1) No person other than the holder of a licence in Form 2
shall mark on, or display with, any container of fruit the words "con-
trolled-atmosphere" or the designation "C.A." or any other words
or designation indicating that the fruit is controlled-atmosphere fruit.
(2) No holder of a licence in Form 2 shall mark on any container
of fruit the words "controlled-atmosphere" or the designation
"C.A." or any other words or designation indicating that the fruit is
controlled-atmosphere fruit unless the fruit was stored under the
conditions of licensing mentioned in section 3.
(3) No holder of a licence in Form 2 shall mark on a container of
controlled-atmosphere fruit in conjunction with the words "con-
trolled-atmosphere" or the designation "C.A." or any other words
or designation indicating that the fruit is controlled-atmosphere fruit,
a number other than the number of the holder's licence. R.R.O.
1980, Reg. 329, s. 6.
7. Marks on a container of controlled-atmosphere fruit shall be
legible and the letters and figures shall be at least one-quarter of an
inch in height and shall be printed, stamped or stencilled,
(a) on the container;
(b) on a tag attached to the container; or
(c) in the case of a transparent container, on paper that is
placed within the container in such manner that the marks
are plainly legible through the container. R.R.O. 1980,
Reg. 329, s. 7.
8.— (1) A person who commences or continues to engage in the
operation of a controlled-atmosphere storage plant for fruit, other
than apples, is exempt from subsection 12 (1) of the Act and this
Regulation respecting such other fruit.
(2) A person who commences or continues to engage in the pack-
ing or repacking of controlled-atmosphere fruit, other than apples, is
exempt from subsection 12 (2) of the Act and this Regulation
respecting such other fruit. R.R.O. 1980, Reg. 329, s. 8.
Form 1
Farm Products Grades and Sales Act
APPLICATION FOR A LICENCE
AS AN OPERATOR OF A CONTROLLED-ATMOSPHERE
STORAGE PLANT OR AS A PACKER OF CONTROLLED-
ATMOSPHERE FRUIT
To: The Director,
Plant Products Inspection Branch,
Ministry of Agriculture and Food
The undersigned applies to the Director, Plant Products Inspec-
tion Branch, for a licence as
( ) AN OPERATOR OF A CONTROLLED-ATMOSPHERE
STORAGE PLANT, or as
{ ) A PACKER OF CONTROLLED-ATMOSPHERE FRUIT.
(Please mark class of licence applied for)
1
(name of applicant and business name, if any,
under which applicant operates—
please type or print plainly)
2. Address of Applicant
(street and number)
(city, town or village)
3. Telephone Number ...
(postal code)
(area code)
(business telephone no.)
4. List the name and address of each member of a partnership,
(if necessary use reverse side).
The undersigned undertakes to furnish to the Director, Plant Prod-
ucts Inspection Branch, details of any changes from the facts given in
this application within 15 days of the date the changes are made.
Dated at
this
19
. day of .
(signature of applicant)
By:
(title of official signing if a corporation)
R.R.O. 1980, Reg. 329, Form 1.
Form!
Farm Products Grades and Sales Act
Under the Farm Products Grades and Sales Act and the regula-
tions, and subject to the limitations thereof, this licence is issued to
(name)
(address)
747
Reg./Règl. 375
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 376
( ) an operator of a controlled-atmosphere storage plant
( ) apackerof controlled-atmosphere fruit
This licence expires with the 3 1 st day of August, 19
Dated at Toronto, this day of , 19.
(Director)
R.R.O. 1980, Reg. 329, Form 2.
REGULATION 376
GRADES-BEEF CARCASSES
1. In this Regulation,
"brand" means an imprint described in Schedule 2;
"carcass" means a carcass of beef but does not include,
(a) the hide,
(b) that portion of the head and neck forward of the first cervi-
cal joint,
(c) that part of the fore-shank below the knee joint and that
part of the hind-shank below the hock joint,
(d) the alimentary canal, liver, kidneys, spleen, genital tract
and genitalia, mammary system, heart and lungs,
(e) the membranous portion of the diaphragm and pillar of the
diaphragm,
(f) the spinal cord,
(g) channel fat, kidney fat, pelvic fat, heart fat, cod fat and
udder fat,
(h) the tail posterior to the first coccygeal vertebra, or
(i) any portion of the carcass the removal of which is required
under the Meat Inspection Act (Canada) or the Meat Inspec-
tion Act (Ontario) or any regulations made thereunder;
"carcass of beef means the carcass of an animal of the bovine spe-
cies that has been slaughtered and dressed as beef;
"Commissioner" means the Livestock Commissioner;
"district supervisor" means a District Supervisor of the Livestock
Division of the Department of Agriculture of Canada;
"establishment" means any establishment registered under the Meat
Inspection Act (Canada), the Beef Carcass Grading Regulations
under the Canada Agricultural Products Act or X\\&Meat Inspection
Act (Ontario);
"grader" means a grader assigned to an establishment for the pur-
pose of grading carcasses;
"inspector" means an inspector appointed under the Act;
"knife-ribbed" means to cut the side of a carcass midway between
the eleventh and twelfth ribs, beginning at the backbone, continu-
ing towards the plate side and severing the costal cartillages but
not severing the backbone;
"operator" means a person operating an establishment. R.R.O.
1980, Reg. 330,8. 1.
2. Carcasses are designated as farm products. R.R.O. 1980,
Reg. 330, s. 2.
3. The following grade names for carcasses and the grades and
standards therefor, established under the Canada Agricultural Prod-
ucts Act, are hereby adopted in whole:
1. Canada Al.
2. Canada A2.
3. Canada A3.
4. Canada A4.
5. Canada Bl.
6. Canada B2.
7. Canada B3.
8. Canada B4.
9. Canada CI.
10. Canada C2.
11. Canada Dl.
12. Canada D2.
13. Canada D3.
14. Canada D4.
15. Canada D5.
16. Canada E.
R.R.O. 1980, Reg. 330, s. 3; O. Reg. 765/81, s. 1.
4.— (1) No carcass shall be graded,
(a) by a person other than a grader;
(b) at a place other than an establishment;
(c) unless the grader is provided with a sufficient number of
efficient helpers to assist in his or her duties;
(d) if the grader is of the opinion that he or she does not have
freedom from interference in carrying out his or her duties;
(e) unless the carcass is from an animal slaughtered in the
establishment where it is to be graded; and
(f) unless the carcass is knife-ribbed to permit the taking of fat
measurements and visual quality and quantity assessments
of the Longissimus dorsi muscle area.
(2) A grader is not required to grade a carcass unless it is pre-
sented for grading during reasonable hours mutually agreed upon
between the operator and the district supervisor. R.R.O. 1980,
Reg. 330, s. 4 (1, 2).
(3) Where, at an establishment,
(a) a carcass is placed under detention pursuant to the Act or
this Regulation; or
(b) an inspector, on reasonable grounds, believes that there has
been a contravention of the Act or this Regulation,
748
Reg./Règl. 376
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 376
it is a condition of grading that every carcass at the estabUshment be
graded until the matter or matters giving rise to the condition have
been remedied. O. Reg. 765/81, s. 2.
5.— (1) No carcass shall be considered graded unless it bears a
grade stamp in the shape and size set out in Schedule 1 that has been
applied by a grader indicating the applicable grade name for that car-
cass on each of the five primal cuts on both sides of the carcass, con-
sisting of the short hip, steak piece, short loin, rib and chuck.
R.R.O. 1980, Reg. 330, s. 5 (1); O. Reg. 765/81, s. 3.
(2) No grade stamp shall be applied to a carcass unless the carcass
bears the inspection legend required by the regulations made under
the Meal Inspection Act (Canada) or the Meat Inspection Act
(Ontario).
(3) An operator may require that a carcass classified as Canada
A4, Canada B4 or Canada D4 be trimmed prior to the application of
the brand.
(4) A carcass referred to in subsection (3) shall be grade stamped
after trimming with the same grade name as was assigned to that car-
cass prior to trimming.
(5) The grade stamp shall be applied in brown ink. R.R.O.
1980, Reg. 330, s. 5 (2-5).
6.— (1) Subject to subsection (2), brands in a continuous strip in
the form set out in Schedule 2, bearing the grade name indicated on
the grade stamp applied pursuant to this Regulation, shall be applied
to each carcass by the operator at the time of grading under the gen-
eral supervision of a grader.
(2) A carcass to which the grade stamp was applied after trim-
ming shall be branded after trimming. R.R.O. 1980, Reg. 330, s. 6.
7. No person other than an operator shall apply a brand to a
graded carcass. R.R.O. 1980, Reg. 330, s. 7.
8.— (1) Brands shall be applied in accordance with the instructions
of a grader on the outside surJFace of the carcass in,
(a) two strips each extending the full length of the carcass and
located along,
(i) the dorsal side of the carcass, adjacent to the chine
bone, and over each primal cut, including the short
hip, steak piece, short loin, rib and chuck, and
(ii) the ventral side of the carcass over the flank, plate
and brisket point; and
(b) one strip across the lower portion of the chuck and brisket.
(2) Brands shall be applied in ink that has been approved by the
Commissioner.
(3) Brands bearing a grade name set out in Column 1 of an item
of the Table shall be in the colour set out in Column II of that item.
TABLE
Column I
Column II
Item
GRADES
COLOURS
1
Canada Al.
Red
2
Canada A2.
Red
3
Canada A3.
Red
4
Canada A4.
Red
5
Canada Bl.
Blue
6
Canada 82.
Blue
Column I
Column II
Item
grades
colours
7
Canada B3.
Blue
8
Canada B4.
Blue
9
Canada CI.
Brown
10
Canada C2.
Brown
11
All other grade names for
carcasses
Black
R.R.O. 1980, Reg. 330, s. 8.
9. Stamps bearing the name of a retailer or wholesaler and a date
may be applied on a carcass if the stamps,
(a) are in brown ink or a colour of ink corresponding to the col-
our of ink on the brand stamp that has been applied to the
carcass;
(b) do not exceed three inches in height or width;
(c) are not in more than one place on each primal cut; and
(d) are not in contact with the grader's stamp. R.R.O. 1980,
Reg. 330, s. 9.
10. Where a grader has graded a carcass he or she may, at the
request of any consignor or agent, issue a grade certificate for any
carcass or carcasses graded at an establishment, if the consignor or
agent,
(a) has placed on each of the animals to be carcass graded dis-
tinct and specific identification approved by the Commis-
sioner that has been transferred to or otherwise appears on
the carcass of such animal; and
(b) has completed and filed with the grader at the establish-
ment at the time of delivery of the animal or lot of animals,
as the case may be, to the operator of the establishment, a
manifest in a form prescribed by the Commissioner.
R.R.O. 1980, Reg. 330, s. 10.
11.— (1) Where an inspector detains a carcass, he or she shall
place thereon a tag indicating that the carcass is under detention.
(2) Except as authorized by an inspector, no person shall remove
from a carcass a tag placed thereon by an inspector pursuant to this
section. R.R.O. 1980, Reg. 330, s. 11.
12.— (1) No person shall sell, offer for sale or have in possession
for sale any carcass that is marked or stamped unless it has been
marked or stamped in accordance with the Act and this Regulation.
(2) No person shall apply to a carcass an impression, mark or
stamp of any kind that is not a brand or a grade and that might be
construed as a brand or a grade stamp. R.R.O. 1980, Reg. 330,
s. 12.
13. No person shall in any advertisement offering the whole or
any part of a carcass of beef for sale,
(a) make any statement that is untrue, deceptive, misleading or
that is likely to deceive or mislead any person; or
(b) use any words that resemble a grade name or that may be
mistaken by any person for a grade name other than a grade
name applied to the carcass of beef under this Regulation.
R.R.O. 1980, Reg. 330, s. 13.
749
Reg./Règl. 376
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 377
Schedule 1
GRADE STAMP
Dimensions: One inch square.
CANADA
Al
R.R.O. 1980, Reg. 330, Sched. 1.
Schedule 2
BEEF BRAND
1. Form a brand in a continuous strip required to show grade
names on carcasses,
CANADA
Al
CANADA
Al
CANADA
Al
CANADA
Al
2.— (1) The width of the brand shall be one and three-eighths of an
inch and no word shall exceed that length.
(2) All letters in the grade name shall be block capitals (Gothic)
and shall be at least five-sixteenths of an inch in height. R.R.O.
1980, Reg. 330, Sched. 2.
REGULATION 377
GRADES— CHRISTMAS TREES
Definitions
1. In this Regulation,
"candlestick taper" means that a Christmas tree forms a cone the
base of which is less than 40 per cent of its height as viewed from
the best face of the tree;
"Christmas tree" means a tree, whether sheared or unsheared, that
is,
(a) sold, offered for sale or intended to be sold severed from its
root system and with its bark, branches and foliage mainly
intact, and
(b) of the coniferous species, including but not limited to,
(i) Douglas fir (Pseudotsuga Menziesii),
(ii) Balsam fir (Abies balsomea),
(iii) Black spruce (Picea mariana),
(iv) White spruce (Picea glauca),
(v) Scotch pine (Pinus sylvestis).
(vi) Norway spruce (Picea excelsa),
(vii) Red Pine (Pinus resinosa), and
(viii) Red spruce (Picea rubens);
"clean" means almost entirely free from moss, lichen growth, vines
or other foreign material which detracts from the appearance of
the Christmas tree;
"crow's nest" means a cluster of short branches forming a compact
nest type of whorl arrangement;
"curved stem" means a bend in the stem of a Christmas tree that
affects the appearance and balance of the tree;
"defects" includes one or more of the following conditions or any
variation thereof:
1. A decided gap or abnormal space between whorls of
branches.
2. Unduly long branches.
3. Excessively uneven density in any face.
4. Weak branches.
5. Broken branches.
6. A lower whorl which is barren of needles or branches.
7. An opening in the foliage of considerable size caused by a
lack of branches or foliage.
8. A stem whose length above the top whorl of branches is
excessively long in relation to the overall height of the
Christmas tree.
9. An incomplete whorl of branches.
10. A handle which is not proportionate to the height of the
Christmas tree.
11. A curved stem.
12. Multiple stems, either above or below the top whorl of
branches.
13. A crow's nest.
14. A goose neck.
15. Galls on the branches in noticeable quantity.
16. An abnormal loss of needles.
17. An abnormal curling of needles.
18. A noticeable presence of dead twigs;
"density" means density of foliage;
"Director" means the Director of the Plant Products Inspection
Branch of the Ministry of Agriculture and Food;
"face" means the surface area of a Christmas tree lying within 45
degrees, measured radially from and perpendicular to the stem, on
either side of a straight centre line connecting the vertex of the
cone formed by the tree and the circumference of the base of the
cone;
"fairly clean" means moderately free from moss, lichen growth,
vines or other foreign material which detracts from the appearance
of the Christmas tree;
750
Reg./Règl. 377
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 377
"flaring taper" means that a Christmas tree, other than of the genus
pinus, forms a cone the base of which is more than 70 per cent of
its height or, in the case of a Christmas tree of the genus pinus,
forms a cone the base of which is more than 80 per cent of its
height as viewed from the best face of the tree;
"fresh" means that the needles are pliable and generally firmly
attached with not more than slight shattering at room temperature;
"goose neck" means a stem that has a greater distance than usual
between two whorls of branches;
"handle" means that portion of the stem between the butt or base of
a Christmas tree and the lowest complete whorl of foliated branch-
"healthy" means fresh and natural in appearance;
"height" means the distance from the butt or base of a Christmas
tree to the top of the tree;
"inspection" means inspection by an inspector appointed under the
Act and "inspected" has a corresponding meaning;
"normal taper" means that a Christmas tree, other than of the genus
pinus, forms a cone, the base of which is more than 40 per cent and
less than 70 per cent of its height or, in the case of a Christmas tree
of the genus pinus, forms a cone the base of which is more than 40
per cent and less than 80 per cent of its height as viewed from the
best face of the tree;
"stem" means the trunk of a Christmas tree from the base or butt of
the tree to the top of the tree;
"well trimmed" means that all barren branches below the first whorl
of branches have been removed and the butt of the stem has been
smoothly cut at approximately right angles to the stem. R.R.O.
1980, Reg. 331, s. 1.
2. Christmas trees are designated as farm products. R.R.O.
1980, Reg. 331, s. 2.
tree a grade tag in accordance with section 6 indicating the grade to
which the tree conforms under section 12.
(4) For the purposes of grading Christmas trees, each Christmas
tree shall be deemed to have four faces, the centre lines of which are
at ninety degree intervals around the tree measured radially from
and perpendicularly to the stem. R.R.O. 1980, Reg. 331, s. 5.
6.— (1) Every grade tag attached to a Christmas tree under sub-
section 5 (3) shall include,
(a) the name and address of the person who applied for the
inspection;
(b) the grade of the tree; and
(c) in the case of a tree imported from outside Canada, the
country of origin.
(2) All letters and figures marked on a grade tag in accordance
with subsection (1) shall be at least one-quarter of an inch in height.
R.R.O. 1980, Reg. 331, s. 6.
Inspection
7. Upon receipt of an application in Form 1, the Director may
cause the Christmas trees referred to in the application to be
inspected. R.R.O. 1980, Reg. 331, s. 7.
8.— (1) For variations incidental to proper grading and handling,
the tolerance set out in subsection (2) is permitted in any lot of
Christmas trees at the time the trees are inspected.
(2) Ten per cent of the Christmas trees in a lot may be below the
requirements for the grade marked on grade tags attached thereto
but not more than 5 per cent shall be below the requirements for the
grade next lower than that marked on the grade tags.
(3) In calculating the tolerance referred to in subsection (2), per-
centages shall be calculated on the basis of actual count using individ-
ual trees as the units.
3. This Regulation applies to the grading and sale of Christmas
trees in Ontario. R.R.O. 1980, Reg. 331, s. 3.
General
4.— (1) No person shall.
(a) sell, offer for sale, advertise or represent any Christmas tree
as having been graded unless such tree has been graded in
accordance with this Regulation;
(b) misrepresent the grade of any Christmas tree; or
(c) attach any tag to a Christmas tree describing or relating to
the grade of such Christmas tree unless the markings on
such tag comply with this Regulation.
(2) No person shall sell or offer for sale any Christmas tree the
handle of which measures less than one inch in length for every foot
of the tree's height. R.R.O. 1980, Reg. 331, s. 4.
Grading
5.— (1) Any person who is a grower of Christmas trees or who is
in possession of Christmas trees may apply in Form 1 to the Director
to have such trees inspected.
(2) Any person making application under subsection (1) shall
submit such application to the Director prior to the 1st day of June in
the year in which such person proposes to sell the Christmas trees.
(3) Any person making application under subsection (1) shall
grade the Christmas trees prior to inspection and shall attach to each
(4) The tolerance referred to in subsection (2) does not apply to
Christmas trees sold, offered for sale or advertised for sale at retail.
R.R.O. 1980, Reg. 331, s. 8.
9.— (1) After every inspection the inspector shall complete an
inspection certificate in Form 2.
(2) The inspector shall serve a copy of the inspection certificate
upon the person who applied for the inspection by delivering it to the
person or by mailing it to the person at the address shown on the
application. R.R.O. 1980, Reg. 331, s. 9.
Detention
10.— (1) Where an inspector detains any Christmas tree or lot of
trees, the inspector may attach thereto a numbered detention tag.
(2) No person shall, without the written authority of an inspector,
sell, offer for sale, transport or cause to be transported any Christ-
mas tree or lot of trees that have been detained or remove any deten-
tion tag. R.R.O. 1980, Reg. 331, s. 10.
Fees
11. Where the services of an inspector are required for inspecting
Christmas trees, the fees payable shall be at the cost of the services
and the method of payment shall be determined by negotiation
between the director and the person who applied for the services.
R.R.O. 1980, Reg. 331, s. 11.
Grades for Christmas Trees
12.— (1) The grades for Christmas trees are as follows:
751
Reg./Règl. 377
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 378
1. Ontario Premium, consisting of Christmas trees of any
height that possess the characteristics typical of the species
and that are fresh, clean, healthy, well trimmed, of not less
than medium density, with normal taper and with each of
the four faces free from defects.
2. Ontario No. 1 or Ontario Choice, consisting of Christmas
trees of any height that possess the characteristics typical of
the species and that are fresh, clean, healthy, well trimmed,
of not less than medium density, with normal taper and
with three faces free from defects.
3. Ontario Standard, consisting of Christmas trees of any
height that possess the characteristics typical of the species
and that are fresh, fairly clean, healthy, well trimmed, of
not less than light density, with candlestick taper, normal
taper or flaring taper and with two adjacent faces free from
defects.
(2) Christmas trees that fail to meet the requirements of Ontario
Premium, Ontario No. 1, Ontario Choice or Ontario Standard shall
have affixed thereto grade tags bearing the words "Below Grading
Standards". R.R.O. 1980, Reg. 331, s. 12.
Form 1
Fann Products Grades and Sales Act
APPLICATION FOR INSPECTION OF CHRISTMAS TREES
To: The Director,
Plant Products Inspection Branch,
Ministry of Agriculture and Food,
Legislative Buildings,
Toronto.
(name of applicant)
Name of grower or person in possession
(address)
makes application for inspection of ...
number of trees)
(approximate
Christmas trees composed of
located at
(species) (location)
Dated at .this
, day of
,19.
(signature of applicant)
R.R.O. 1980, Reg. 331, Form 1.
Form 2
Farm Products Grades and Sales Act
CHRISTMAS TREE INSPECTION CERTIFICATE
(name of inspector)
have inspected the Christmas trees referred to below, in accordance
with the regulations respecting grades for Christmas trees made
under the Farm Products Grades and Sales Act, and certify that such
trees have been graded in accordance with the said regulations to the
tolerances set forth therein.
Address
Location of Christmas Trees .
Species and approximate number of Christmas Trees:
Dated at , this day of , 19.
(signature of inspector)
R.R.O. 1980, Reg. 331, Form 2.
REGULATION 378
GRADES-FRUIT AND VEGETABLES
Definitions
1. In this Regulation,
"aggregate area" means the total area under consideration if assem-
bled into one circular area of the diameter specified;
"catchweight package" means any transparent package sold on a
weight basis in which the produce is readily visible and which con-
tains not more than three pounds net weight;
"clean" means not affected in appearance by dirt, dust, spray residue
or other foreign material;
"closed package" means any package the contents of which cannot
be satisfactorily inspected without removing the cover or other
enclosing device;
"condition defect" means any defect that may develop in produce
during storage or transit;
"diameter" means the greatest diameter at right angles to the longi-
tudinal axis;
"establishment" includes any plant, factory or premises where
produce is canned, preserved or otherwise processed;
"fairly well formed" means that not less than one-half of the fruit is
of the shape characteristic of the variety when fully mature and the
remainder of the fruit deviates only slightly from the shape charac-
teristic of the variety when fully mature;
"hand-picked" in respect of fruit means that the fruit shows no evi-
dence of rough handling or of having been on the ground;
"inspection" means inspection by an inspector appointed under the
Act and "inspected" has a corresponding meaning;
"inspection point" means any point or area at which an inspector
attends;
"master container" means a container that is designed to hold more
than one package of produce;
"mature" means that the produce has reached such stage of develop-
ment as ensures completion of the ripening process;
"Ministry" means the Ministry of Agriculture and Food;
"package" means any receptacle, container, wrapper or confining
752
Reg./Règl. 378
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 378
band, but does not include foil wrap on individual potatoes or
transparent film wrap on individual specimens of any other
produce;
"processing" means canning or preserving fruit or vegetables, or
manufacturing of products from fruit or vegetables by a processor;
"processor" means a person who cans or preserves fruit or vegeta-
bles or, by a continuous operation or series of operations, manu-
factures products from fruit or vegetables, but does not include a
person who cans or preserves fruit or vegetables for consumption
by himself or herself or his or her household;
"produce" includes any fruit, vegetable or sweet corn that can be
grown in Canada;
"properly packed" means that the produce is not slack, overpressed
or otherwise in a condition likely to result in permanent damage
during handling or in transit;
"sized" means that the fruit in a box or crate has a size range not in
excess of one-quarter of an inch in diameter;
"smooth" means that the produce is not ridged, angular or indented;
"sound" means that the produce at the time of packing, loading or
final shipping-point inspection is free from condition defects,
including decay, breakdown, freezing injury, bitter pit, soft, shri-
velled, water core, over-ripeness, brown core, corky core or other
injury that may affect the keeping quality of the produce;
"stemless fruit" means any fruit that has no portion of the stem
attached thereto and has no broken skin at the stem end;
(f) that is so immature or so diseased or otherwise affected as
to be unfit for human consumption;
(g) in a package that is damaged, stained, soiled, warped or
otherwise deteriorated so as to materially affect the sound-
ness, appearance or wholesomeness of the produce packed
therein; or
(h) that has been injured by insects or that shows evidence of
any foreign substance in an amount injurious to public
health. R.R.O. 1980, Reg. 332, s. 4; O. Reg. 255/89, s. 1.
5.— (1) Section 4 does not apply to the transportation of produce,
(a) of any person for the purpose of use by himself or herself
and his or her household;
(b) of a grower by the grower for the purpose of grading and
packing, storing or processing; or
(c) of any person (other than a grower who transports the
produce for the purpose of grading, packing or processing)
where the transporter supplies, upon request of an inspec-
tor, proof of the purpose for which the produce is trans-
ported.
(2) Section 4 does not apply to the sale of produce for processing.
R.R.O. 1980, Reg. 332, s. 5.
6. No person shall misrepresent the class, variety, grade, size,
size range, count, weight, measure, mark or marking, ownership,
origin, storage records or conditions of storage of any produce.
R.R.O. 1980, Reg. 332, s. 6.
"well formed" means that the produce has a shape characteristic of
the variety;
"wrapper leaves" means leaves that do not closely enfold the com-
pact portion of the head. R.R.O. 1980, Reg. 332, s. 1; O. Reg.
217/84, s. 1.
2. All fruit, vegetables and sweet com that can be commercially
grown in Canada are designated as farm products. R.R.O. 1980,
Reg. 332, s. 2.
Appucation
3. This Regulation does not apply to,
(a) produce not grown for the purpose of sale but grown for the
sole purpose of producing seed; or
(b) unharvested produce. R.R.O. 1980, Reg. 332, s. 3.
PARTI
GENERAL
4. No person shall pack, transport, ship, advertise, sell or offer
for sale any produce,
(a) unless the produce is graded, packed and marked in accor-
dance with the Act and this Regulation and is contained in
packages which comply with the Act and this Regulation;
(b) that is below the minimum grade for the produce;
(c) if the faced or shown surface falsely represents the contents;
(d) in a package, unless the package is properly filled and
packed;
(e) in a package that has been previously marked, unless the
marks are completely removed or obliterated;
7. No person shall, during the course of packing, warehousing or
shipping of any produce,
(a) wilfully or carelessly damage the produce;
(b) handle the produce in such a manner that it is likely to dete-
riorate in quality;
(c) expose the produce to any weather or other conditions that
are likely to cause damage to the produce; or
(d) fail to comply with the recommendation and instructions of
an inspector regarding the exposure of any produce to any
conditions. O. Reg. 764/81, s. 1.
PART II
PACKAGES
8.— (1) Every package for produce shall be of the dimensions and
capacities specified in Tables 1 and 2 of section 9. R.R.O. 1980,
Reg. 332, s. 8 (1); O. Reg. 460/85, s. 1.
(2) Subsection (1) does not apply to,
(a) produce for which there are no grades established under
this Regulation;
(b) produce sold or offered for sale in a package where the
experimental use thereof has been authorized by the Direc-
tor and the package is identified and used only in the man-
ner authorized by the Director;
(c) produce, other than apples, beets, carrots, onions, parsnips
and potatoes packed in bags and tomatoes packed in tubes,
that is sold or offered for sale in catchweight packages; or
(d) produce under detention, or for which permission has been
granted by an inspector for shipment or transportation for
the purpose of packing in standard packages for sale.
R.R.O. 1980, Reg. 332, s. 8 (2).
753
Reg./Règl. 378
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 378
9.— (1) No person shall sell or offer for sale at retail, asparagus,
snap beans, beets without tops, carrots without tops, onions without
tops, parsnips, forced rhubarb or tomatoes except by weight or in a
package prescribed for vegetables by this Regulation. R.R.O.
1980, Reg. 332, s. 9 (1).
(2) Subject to subsections (4) and (5), all produce shall be packed
in the packages described in Table 1. O. Reg. 255/89, s. 2 (1).
(3) The dimensions in Tables 1 and 2 are inside measurements
unless otherwise stated.
TABLE 1
Type of Package
Volume
Half pint
16.8 cubic inches
Pint
33.6 cubic inches
Quart
67.2 cubic inches
Baskets
2 quarts
"
4 quarts
"
6 quarts
"
8 quarts
*'
11 quarts
Half bushel hamper
16 quarts
Bushel hamper
32 quarts
Half bushel box. Carton or Crate
1,100 cubic inches
Bushel box. Carton or Crate
2,200 cubic inches
Baskets
2 litres
"
4 litres
R.R.O. 1980, Reg. 332, s. 9 (3); O. Reg. 433/84, s. 1.
(4) Subject to subsection (5), produce referred to in Table 2 may be packed in the corresponding packages described in that Table.
TABLE 2
Item
Fruit or
Vegetable
Type of Package
Size or Volume
1.
Apples
Apple Bags
Shopping-type bags packed at point of retail sale
Standard apple box
Half box
Apple crates
Tray carton
Carton or Crate
Cell-pack
3, 5, 10 pounds
6, 8, 10, 20 pounds
18 in. X 111/2 in. x lOVi in.
161/8 in. X SVh in. x 7^/8 in.
17 in. x 13 in. x 11 in.
193/4 in. x 111/2 in. X 53/4 in.
193/4 in. X 12 in. x 113/4in.
161/8 in. X 1 1 1/2 in. x 53/4 in. end piece with 43/4 in.
side piece
i. Apple cell-packs shall, in the case of cell-
packs for elongated varieties of apples,
including Delicious variety, have individual
cells of the dimensions set out in columns II,
III and IV for the number of apples, by
count, contained in the cell-pack, set out
opposite thereto in column I as follows:
Column I
Column II
Column III
Column IV
Count
Length
Width
Depth
60
72
80
96
120
140
160
175
200
216
35/8
3'/l6
3Vi6
3Vi6
2y8
2iVi6
2'/l6
2"5/32
2"/32
2'/32
n.
n.
n.
n.
n.
n.
n.
n.
n.
n.
3y8 in.
3Vi6 in.
3'/i6 in.
27/8 in.
2i'/i6in.
2'/i6 in.
27i6 in.
211/32 in.
2'/32 in.
2V32 in.
35/8 in.
3'/i6 in.
35/16 in.
31/8 in.
215/16 in.
2y4 in.
25/& in.
21/2 in.
2'/i6 in.
2% in.
754
Reg./Règl. 378
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 378
ii. Apple cell-packs shall, in the case of cell-
packs for round varieties of apples, including
Mcintosh, Spartan, Newton and Rome varie-
ties, have individual cells of the dimensions
set out in columns II, III and IV for the num-
ber of apples, by count, contained in the cell-
packs, set out opposite thereto in column 1 as
follows:
Column 1
Column II
Column III
Column IV
Count
Length
Width
Depth
60
3'/i6 in.
3!/4 in.
33/4 in.
72
3'/i6 in.
3Vi6 in.
3»/i6 in.
84
3V4 in.
2% in.
3'A6 in.
96
3yi6 in.
2"/i6in.
3'/4 in.
120
2'Vi6 in.
2!^ in.
3 in.
140
2V* in.
2'/i6 in.
213/16 in.
160
2»/i6 in.
2V* in.
2'Vi6in.
180
2V6in.
2yi6 in.
2y8 in.
200
2% in.
2Vi6 in.
21/2 in.
216
2716 in.
2 in.
2'/i6 in.
Half-bin
10 bushels, outside measurements 48 in. x 42 in.
and inside depth \2Va in. with sides and ends Vi in.
minimum thickness and bottom ^^ in. minimum
thickness
2.
Asparagus
Pyramid-type
minimum net weights of 15 pounds for asparagus 6
in. or less in length and 20 pounds for asparagus over
6 in. in length.
3.
Beets
Bags, cartons, boxes or crates
1, 2, 3, 5, 10, 15, 25, 50, 75 and 100 pounds.
4.
Cabbage
Bags
Sound, suitable non-standard open
Sound wire-bound crates
containers
40, 50 and 75 pounds
5.
Cantaloupes
Sound, suitable containers
6.
Carrots
Bags, cartons, boxes or crates
1, 2, 3, 5, 10, 25, 50, 75 and 100 pounds
7.
Cauliflower
Sound suitable non-standard open containers
Sound wire-bound crates.
8.
Celery
Carton i. Regular celery
ii. Celery hearts
iii. Hearts and stalks
191^ in. X 16V2in. x 11 in.
20 in. X 14^^ in. x 10 in.
20 in. X UVirn. x 11 in.
9.
Cherries
Carton or crate
i. 15y4 in. x 153/4 in. x 4y8 in.
ii. I6V4 in. X 12 in. x 5V4in.
10.
Com (Sweet)
Bag, carton, box or crate
Transparent packages
any multiple of Vi dozen ears
any number of ears up to a dozen
11.
Cucumbers
Regular type:
Crate
Cartons: i. Special
ii. 1 Dozen
iii. 2 Dozen
iv. King
V. Queen
vi. Prince
vii. Super King
Long Seedless Type:
Cartons: i. Small
ii. Medium
iii. Large
16Vfein. X \\Vi\n. x 4V2 in.
14 in. X Wiin. x 5in.or4V2in.
143/4 in. X 63/8 in. x 3-y4 in.
UViin. X 9 in. x 63/4 in.
I61/2 in. X 8V1 in. x 61/4 in.
14^4 in. X 8V^ in. x 61/4 in.
13V4 in. X 81/4 in. x 6V4 in.
16 in. X 11 in. x 91/2 in.
13Viin. X 12Vi in. x 4Vi in.
15 in. X 12!^ in. x 4V2 in.
17 in. X 12!/iin. x 4V2 in.
755
Reg./Règl. 378
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 378
lie m
Fruit or
Vegetable
Type of Package
Size or Volume
iv. Extra Large
19 in. X 12V^ in. x 4V2 in.
12.
Head Lettuce
Cartons:
Sound, suitable non-standard open packages
Sound, wire-bound crates
19V^in. X 161/2 in. x 11 in.
24 in. X 16V^in. x 11 in.
13.
Onions
Cartons, boxes, crates or new bags
1, 2, 3, 5, 10, 15, 25, 50, 75 and 100 pounds
Transparent packages
2 or 3 "Jumbo" onions sold as a unit
14.
Parsnips
Bags, cartons, boxes or crates
1, 2, 3, 5, 10, 15, 25, 50, 75 and 100 pounds
15.
Peaches
Cartons or crates
161/8 in. X ll!/2in. x S^/i in. end piece and 43/4 in.
side piece
% bushel— 1,440 cubic inches
Boxes, cartons or crates
161/8 in. X 1 1 1/2 in. x 5-y4 in. end piece and 3^/4 in.
side piece
Panta Pak
I61/4 in. X 13V2 in. x 61/2 in.
Cell-Pak
Peach cell-packs shall have individual cells of the
dimensions set out in columns II, III and IV for the
number of peaches, by count, contained in the cell-
pack, set out opposite thereto in column I as follows:
Column I
Column II
Column III
Column IV
Count
Length
Width
Depth
30
3Vi6 in.
3 in.
31/4 in.
36
3 in.
2"/i6 in.
35/32 in.
40
22'/32 in.
213/16 in.
3i/i6in.
48
2'"/64 in.
237/64 in.
253/64 in.
56
235/64 in.
231/64 in.
2«/64 in.
60
231/64 in.
23^/64 in.
23'/64 in.
16.
Pears
70
21/4 in.
21/4 in.
25A in.
Pear Box
18 in. X llV^in. x 8'/2 in.
Half Box
161/8 in. X 85/8 in. x 75/8 in.
Carton or crate
161/8 in. X 11 '/2 in. x 53/4 in. end piece and 4^/4 in.
side piece
Vi bushel— 1,440 cubic inches
Pear carton
17 in. X 103/4 in. x 5 in.
Tray carton
193/4 in. X 12 in. x liy4 in.
17.
Plums, Prunes
Boxes, cartons or crates
i. 18 in. X 11!^ in. x 3V4 in.
ii. 16Vt in. x 133/4 in. x 53/4 in.
iii. 161/8 in. x 11 1/2 in. x 43/4 in. end piece and
33/4 in. side piece
iv. 161/8 in. X 10 in. x 33/8 in.— may have V2 in.
cleat
v. V3 bushel— 1,440 cubic inches
18.
Potatoes
Cartons, boxes, crates or new bags
1, 2, 3, 5, 10, 15, 20, 25, 50, 75 and 100 pounds
Transparent packages
3 potatoes which are uniformly sized, foil wrapped
and sold as a unit
19.
Rhubarb (Field)
Cartons
Sound, suitable containers
10 pounds
(Forced)
Cartons
10 pounds
20.
Rutabagas
Bag, carton, box or crate
5, 10, 15, 25, 40, 50, 75 and 100 pounds
21.
Tomatoes
Cartons, boxes, crates or other packages
1, 2, 3, 5, 8 and 10 pounds and multiples of 5 pounds
Tomato tubes
minimum net weight of 14 ounces
Crates or lugs
161/8 in. X 131/2 in. x 6i/j in.
R.R.O. 1980, Reg. 332, s. 9 (4); O. Reg. 764/81, s. 2; O. Reg. 460/85, s. 2; O. Reg. 583/86, s. 1 (1, 2); O. Reg. 255/89, s. 2 (2, 3).
756
Reg./Règl. 378
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 378
(5) Asparagus sold by growers and packers shall be packed in the
packages for asparagus described in Table 2 of subsection (4) except
asparagus sold directly to consumers which shall not be so packed.
O. Reg. 255/89, s. 2 (4).
(6) Half-bin packages for apples shall be constructed of plywood
and ends, sides and bottoms shall be padded with number 1 poly-
foam or plastic bubble sheeting with a minimum thickness of one-
quarter inch.
(7) During shipment, half-bin packages of apples shall be level
full and completely covered with corrugated material capable of
withstanding a bursting test of 125 pounds per square inch.
O. Reg. 583/86, s. 1 (3).
(8) Pyramid-type packages for asparagus shall be constructed of
corrugated cardboard with,
(a) each outer liner being forty-two pounds basic weight with
full weather and water resistant adhesive applied to the
inside facing;
(b) a white outer liner on the outside surface of the container;
(c) the medium being thirty-three pounds basic weight C flute
corrugated;
(d) wet wax cascade treatment to a minimum of 45 per cent by
weight; and
(e) an extra strength designation and a mullen test capability of
not less than 200 pounds per square inch. O. Reg. 532/88,
s. I, part; O. Reg. 255/89, s. 2 (5).
(9) The inside surface of the bottom of every pyramid-type pack-
age for asparagus shall be entirely covered with a moisture pad con-
sisting of a minimum of ten plies of cellulose or like material stitched
or applied to a polyethylene backing. O. Reg. 532/88, s. I, part;
O. Reg. 255/89, s. 2 (6).
10. Where packages of apples are placed in master containers,
the master containers shall be of corrugated material with partitions
designed for apples, and,
(a) for packing of three-pound bags, the master container shall
hold twelve units and be capable of withstanding a bursting
test of 175 pounds per square inch;
(b) for packing of five-pound bags, the master container shall
hold eight units and be capable of withstanding a bursting
test of 200 pounds per square inch;
(c) for packing of ten-pound bags, the master container shall
hold four units and be capable of withstanding a bursting
test of 175 pounds per square inch; and
(d) for packing of three-pound over wrap trays, the master con-
tainer shall hold twelve units and be capable of withstand-
ing a bursting test of 175 pounds per square inch. O. Reg.
460/85, s. 3.
11. At least 95 per cent by weight of the asparagus packed in a
pyramid-type package shall be packed so that the butt end of each
spear contacts the moisture pad. O. Reg. 255/89, s. 3, part.
PART III
MARKINGS
12. Every person who packs, transports, ships, advertises, sells,
offers for sale or has in possession for sale any produce in a package
shall mark the package and master container with,
(a) his or her initials, surname and address, and a firm or cor-
poration shall mark the package with the firm or corporate
-< name and address;
(b) the proper designation of the grade of the produce; and
(c) the kind of produce, when so packed that the kind of
produce is not readily visible. R.R.O. 1980, Reg. 332,
s. 10.
13.— (1) No person shall,
(a) use any registered number or mark assigned to any other
person or use any brand, stencil or label designating any
other owner, packer or shipper;
(b) alter or efface any marks on any package of produce except
for the purpose of compliance with this Regulation; or
(c) where a grade name is marked on a package, mark the
package with any other words or markings in such a manner
that the words or markings appear to be part of the grade
name or are likely to be mistaken for part of the grade
name unless the words or markings comply with this
Regulation. R.R.O. 1980, Reg. 332, s. 11 (1).
(2) Despite clause (1) (c),
(a) where this Regulation requires that a package be marked to
indicate the size of the produce therein, the markings indi-
cating size shall be adjacent to the grade name;
(b) where carrots have been washed prior to being packed, the
additional designation "Washed" may be used in connec-
tion with any of the grades of carrots;
(c) where onions have a minimum diameter of one and one-
quarter inches and a maximum of one and three-quarter
inches, the additional designation "Small" may be used in
connection with Canada No. 1 Grade;
(d) where onions have a minimum diameter of three inches the
additional designation "Jumbo" may be used in connection
with Canada No. 1 Grade;
(e) where rutabagas have been completely immersed in a wax
solution, the additional designation "Waxed" may be used
in connection with the grade of rutabagas;
(f) where potatoes of the Yukon Gold variety are packaged,
the package shall be prominently marked "Yukon Gold" in
letters no smaller than those of the grade name; and
(g) where potatoes of a yellow-flesh variety are packaged, the
package shall be marked on the principal display surface of
the package in bold face type in letters of not less than one-
half inch in height with the words,
(i) "yellow fleshed", where the common name of the
produce is shown elsewhere on the package, or
(ii) "yellow fleshed potatoes", where the common name
of the produce is not shown elsewhere on the
package. R.R.O. 1980, Reg. 332, s. 11 (2);
O. Reg. 460/85, s. 4; O. Reg. 583/86, s. 2.
14. Every person who packs, transports, ships, advertises, sells,
offers for sale or has in possession for sale any produce in a package
shall mark the package with,
(a) in the case of produce imported from outside Canada and
repacked within Canada, the words "Product of followed
by the name of the country of origin; and
757
Reg./Règl. 378
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 378
(b) in the case of produce grown within Canada, the words
"Product of Canada" or "Product of followed by the name
of the province of origin. R.R.O. 1980, Reg. 332, s. 12.
15. No person shall sell, offer for sale or have in possession for
sale at retail any produce unless a sign appears on the display stating,
(a) "Product of followed by the name of the country or Cana-
dian province of origin;
(b) where a grade is established under this Regulation, the
grade of the produce;
(c) the price per unit of weight if sold by weight;
(d) the variety for apples and pears; and
(e) the word "sweet" or "hot" for peppers. R.R.O. 1980,
Reg. 332, s. 13; O. Reg. 583/86, s. 3.
16. The country or Canadian province of origin, the grade of the
produce, and the measure, weight or size of the package shall be
declared in every advertisement respecting any produce by the use of
the words "Product of followed by the name of the country or
Canadian province of origin, as the case may be. R.R.O. 1980,
O. Reg. 332, s. 14.
17. Where this Regulation requires that a package, a retail dis-
play sign, or an advertisement marked with a grade designation and
the country or province of origin, the country or province of origin
markings shall be located immediately above, beside or below the
grade name and in the same size of lettering as the grade name.
R.R.O. 1980, Reg. 332, s. 15.
18. Size marks for produce packed in packages shall include,
(a) for sweet corn the word "Small" where if the ears have,
when measured lengthwise, a minimum of four inches and a
maximum of six inches of edible corn;
(b) for onions when size is specified, the size range on each
package or tag; and
(c) for baskets of peaches or containers of untiered peaches,
the minimum diameter prescribed by this Regulation for
the grade of peaches therein, or any diameter larger than
that minimum. R.R.O. 1980, Reg. 332, s. 16.
19.— (1) The numerical count shall be shown on,
(a) cartons of tiered apples, peaches or pears; and
(b) non-transparent packages of,
(i) cauliflower,
(ii) celery,
(lii) greenhouse cucumbers of Canada No. 1 grade, and
(iv) lettuce. R.R.O. 1980, Reg. 332, s. 17 (1); O. Reg.
433/84, s. 2 (1).
(2) Cartons, boxes and crates of cabbages, other than those of
half-bushel or bushel capacity, shall be marked with,
(a) the net weight of the contents; or
(b) the numerical count. R.R.O. 1980, Reg. 332, s. 17 (2).
(3) Packages of sweet corn, other than transparent packages con-
taining not more than twelve ears, shall be marked with,
(a) the net volume of the packages; or
(b) the numerical count. O. Reg. 433/84, s. 2 (2).
20.— (1) Net weight of contents shall be marked on each package
of,
(a) apples packed in bags;
(b) beets, carrots, onions, parsnips, potatoes and rutabagas
packed in bags, cartons, boxes or crates other than those of
pint, quart, half-bushel and bushel capacity;
(c) cabbage packed in bags;
(d) field rhubarb packed in closed containers;
(e) forced rhubarb; and
(f) tomatoes packed in baskets and cartons other than two-
quart, four-quart, six-quart, eight-quart or eleven-quart
baskets. R.R.O. 1980, Reg. 332, s. 18 (1).
(2) Catchweight packages shall be marked to show the net weight
of the produce and where the net weight is other than one, one and
one-half, two, two and one-half or three pounds, these packages
shall be marked to show the price per unit. R.R.O. 1980, Reg. 332,
s. 18 (2); O. Reg. 460/85, s. 5.
21. Marks for produce packed in packages shall include,
(a) for apples and pears, the name of the variety; and
(b) for peppers, the word "sweet" or "hot". R.R.O. 1980,
Reg. 332, s. 19.
22.— (1) Except as otherwise provided in this section, marks
required by this Regulation shall be readily discernible, of a perma-
nent nature and of a size reasonable in proportion to the package,
label or retail display sign and in any case shall be not less than one-
eighth of an inch in height on tags or tomato tubes, three-sixteenths
of an inch in height on bags containing less than ten pounds and one-
quarter of an inch in height in all other cases and shall be placed,
(a) on one end, or on a label or tag affixed to one end of each
box, carton or crate;
(b) on one side, or on a label or tag affixed to one side, of each
bushel and half-bushel hamper; and
(c) subject to subsections (2) and (3), on the handle or one side
or end, or on a label or tag affixed to one side or end, of
each package other than a package mentioned in clause (a)
or (b). R.R.O. 1980, Reg. 332, s. 20 (1).
(2) Marks for baskets or cartons of two-quart, four-quart, six-
quart, eight-quart or eleven-quart capacity shall include the capacity
in letters and figures not less than one-half of an inch in height on the
principal display surface. R.R.O. 1980, Reg. 332, s. 20 (2);
O. Reg. 460/85, s. 6.
(3) Marks for cartons of half-bushel and bushel capacity shall
include the capacity in letters and figures not less than one-half of an
inch in height.
(4) Marks for catchweight packages and advertisements may be
less than one-eighth of an inch in height if they are legible.
(5) The marks for bags shall be,
(a) stencilled or printed on the bag;
(b) interwoven in the bag;
(c) on a suitable tag attached to the bag; or
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(d) on a suitable label or tag within the bag and plainly legible
through the bag.
(6) A label may be used in the case of baskets with transparent
covers and shall be placed directly under the cover and shall be
plainly legible through the cover. R.R.O. 1980, Reg. 332,
s. 20 (3-5).
23. Every person who uses a label on produce packages may at
any time be required to submit it to the Director for approval.
R.R.O. 1980, Reg. 332, s. 21.
24. Every pyramid-type package for asparagus shall be marked
with a trade mark of the Ontario Asparagus Growers' Marketing
Board registered under the Trade-Marks Act (Canada). O. Reg.
255/89, s. 3, part.
PART IV
INSPECTION
25. Produce may be inspected according to the grades prescribed
under this Regulation or according to such variations of those grades
as are provided by any regulation or order made under the Farm
Products Marketing Act. R.R.O. 1980, Reg. 332, s. 22.
26.— (1) Every person who requires produce to be inspected shall
apply to the nearest inspector or to the Ministry.
(2) Inspection shall be made as nearly as is practicable in the
order in which applications are received. R.R.O. 1980, Reg. 332,
s. 23.
27. Produce shall be made accessible for inspection and shall be
placed so as to disclose its quality and condition and an inspector
shall be rendered such reasonable assistance as is required. R.R.O.
1980, Reg. 332, s. 24.
28. Where inspection at destination is requested, the inspector
may, pending unloading of the produce, inspect and certify that por-
tion of the produce that is accessible for inspection and issue a certifi-
cate bearing the notation "doorway inspection" or "top and doorway
inspection" or issue a conditional report or give an oral report.
R.R.O. 1980, Reg. 332, s. 25.
29. Where an inspector has reason to believe that because of
latent defects due to climatic or other conditions the true quality or
condition of the produce cannot be determined, the inspector may
postpone inspection for such period as he or she considers necessary
to enable the true quality or condition of the produce to be
determined. R.R.O. 1980, Reg. 332, s. 26.
30.— (1) Where a person who is financially interested in any
produce is dissatisfied with an inspection certificate the person may
apply for an appeal inspection.
(2) The application for an appeal inspection shall state the rea-
sons for appeal and may be accompanied by a copy of any previous
inspection certificate or other information possessed by the appli-
cant.
(3) An application for an appeal inspection may be refused
where,
(a) it appears trivial;
(b) the quality or condition of the produce has materially
changed; or
(c) the produce is not accessible for inspection.
(4) Where an inspector by request furnishes to any person an
inspection report respecting the quality or condition of any produce
that may have materially changed since the previous inspection or
where a subsequent inspection is requested for the purpose of
obtaining a report without questioning the correctness of any previ-
ous certificate, the inspection shall not be considered an appeal
inspection. R.R.O. 1980, Reg. 332, s. 27.
31. Where an appeal inspection is made, the original certificate
shall, upon the issuance of the appeal certificate, be deemed to be
annulled. R.R.O. 1980, Reg. 332, s. 28.
32. In the case of destination inspections, other than inspections
made at the time of grading and packing, a tolerance of five per cent
in addition to the tolerances allowed at the original shipping point
shall be allowed for condition defects of which, in the case of pota-
toes, not more than an additional one per cent may be decay, and in
the case of all other commodities, not more than an additional two
per cent may be decay. R.R.O. 1980, Reg. 332, s. 29.
33. Inspection is required of all produce moving by,
(a) any vehicle to or from any place designated by the Minister;
or
(b) any vehicle from, to or through any inspection point desig-
nated by the Minister. R.R.O. 1980, Reg. 332, s. 30.
PARTY
DETENTION
34. An inspector who detains any lot of produce or produce pack-
ages may attach thereto a number detention tag, and no person shall
alter or deface the tag, or remove the tag from the lot of produce
without the written authority of an inspector. R.R.O. 1980, Reg.
332, s. 31, revised.
35. Where an inspector detains any lot of produce or produce
packages, no person shall sell, offer for sale, move or allow or cause
to be moved, or otherwise dispose of the lot of produce or produce
packages without the written authority of an inspector. O. Reg.
764/81, s. 3.
36. An inspector may give written permission for produce which
has been placed under detention to be,
(a) moved from the point of detention to another designated
point;
(b) regraded;
(c) repacked; or
(d) remarked,
but in each case all of the produce and produce packages shall be
held following the movement, regrading, repacking or remarking,
until further movement or disposal is authorized by an inspector.
R.R.O. 1980, Reg. 332, s. 33.
37. Where produce under detention is shipped or transported
with the written authority of an inspector for the purpose of packing
in standard packages it is not subject to the provisions of this Regula-
tion respecting packages and markings. R.R.O. 1980, Reg. 332,
s. 34.
38. An inspector who is satisfied that any produce or produce
package that has been placed under detention complies with the Act
and this Regulation may release the produce or produce package by
issuing a detention release. R.R.O. 1980, Reg. 332, s. 35, revised.
PART VI
GENERAL
39.— (1) The fees payable for requested inspection of produce
other than produce for processing, excepting re-certification inspec-
tions and appeal inspections, shall be computed on a time basis at the
rate of $10 per hour to the nearest half-hour with a maximum daily
charge of $50.
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(2) The fee for re-certification of produce that has had shipping
point inspection but requires re-certification is $5.
(3) For an appeal inspection,
(a) where the produce is found to be in accordance with the
previous inspection, the fees payable are twice the amount
prescribed under subsection (1); and
(b) where the produce is found to be not in accordance with the
previous inspection, no fees are payable. R.R.O. 1980,
Reg. 332, s. 36.
40. Despite section 36 and subject to sections 40 and 41, the fees
payable for inspection or grading of produce for processing shall be
the cost to the Ministry of providing such inspection or grading.
R.R.O. 1980, Reg. 332, s. 37.
41. The fees under sections 37, 40 and 41 shall be paid within fif-
teen days of receipt of a statement of account from the Director, to
the Treasurer of Ontario at the address indicated on the statement.
O. Reg. 217/84 s. 2.
42. Where travelling, telegram, telephone, or other expenses are
incurred in connection with the inspection of produce, the fees set
out in this part may be increased by the amount of such expenses.
R.R.O. 1980, Reg. 332, s. 39.
Tomatoes
43.— (1) The fees payable for grading of tomatoes bought for pro-
cessing and received by a processor are $1.18 per net delivered ton or
fraction thereof. O. Reg. 529/87, s. 1.
(2) The processor and the grower of tomatoes shall each pay 50
per cent of the fees under subsection (1) in respect of the grower's
tomatoes sold to and received by the processor.
(3) The processor is the agent of the Treasurer of Ontario in col-
lecting the grower's share of the fee and shall deduct that share from
the account of the grower in respect of the tomatoes received and
graded. R.R.O. 1980, Reg. 332, s. 40 (2, 3).
(4) Each processor shall on or before the 1st day of November in
each year furnish to the Director a statement of the total weight of
tomatoes received for processing and any other information required
on a form prescribed by the Director. O. Reg. 764/81, s. 4, part;
O. Reg. 217/84, s. 3 (3).
Peas
44.— (1) The fees payable for inspection of peas bought for pro-
cessing and received by a processor are 60 cents per ton or fraction
thereof. O. Reg. 529/87, s. 2.
(2) The processor and the grower of peas shall each pay 50 per
cent of the fees under subsection 1 in respect of the grower's peas
sold to and received by the processor.
(3) The processor is the agent of the Treasurer of Ontario in col-
lecting the grower's share of the fee and shall deduct that share from
the account of the grower in respect of the peas received. R.R.O.
1980, Reg. 332, s. 41 (2, 3).
(4) Each processor shall on or before the 1st day of November in
each year furnish to the Director a statement of the weight and tare
of peas received for processing and any other information required
on a form prescribed by the Director. R.R.O. 1980, Reg. 332,
s. 41 (5).
PART VII
FRESH FRUIT AND VEGETABLE GRADE STANDARDS
45.- (1) The grade names adopted or established in this Part shall
only be applied to or used in connection with produce grown in
Canada.
(2) The grade names to be applied to or used in connection with
imported produce are the same as those for produce grown in
Canada except that the words "Canada" and "Ontario" are deleted
from them.
(3) Produce imported into Ontario that bears a grade name
formed in accordance with subsection (2) shall comply with the same
grade standards, established under the Canada Agricultural Products
Act and adopted in this Part, as produce grown in Canada that bears
a corresponding grade name.
(4) As of the 1st day of July, 1990, no person shall be in conform-
ity with clause 15 (b) and section 16 of this Regulation, unless the
person uses a grade name formed in accordance with subsection (2)
when stating the grade of imported produce.
(5) As of the 1st day of January, 1991, no person shall be in con-
formity with clause 12 (b) of this Regulation, unless the person uses
a grade name formed in accordance with subsection (2) when desig-
nating the grade of imported produce. O. Reg. 480/90, s. 1.
Apples
46.— (1) The following grade names for apples and the grades,
standards and tolerances therefor, established under the Canada
Agricultural Products Standards Act, are hereby adopted in whole:
1. Canada Extra Fancy Grade.
2. Canada Fancy Grade.
3. Canada Commercial Grade.
4. Canada Commercial Cookers Grade.
5. Canada Hailed Grade. R.R.O. 1980, Reg. 332, s. 42.
(2) Despite the Fresh Fruit and Vegetable Regulations made
under the Canada Agricultural Products Act, apples packed in
Ontario, for sale in Ontario, shall be of a diameter of not less than
IVs inches. O. Reg. 460/85, s. 9.
47. Apples that meet the requirements for Canada Commercial
Grade apples may be alternatively designated as Canada Cee Grade
or Canada "C" Grade. R.R.O. 1980, Reg. 332, s. 44.
Asparagus
48.— (1) The following grade names for asparagus established
under the Canada Agricultural Products Act are hereby adopted:
1. Canada No. 1 Grade.
2. Canada No. 1 Slender Grade.
3. Canada No. 2 Grade.
(2) The grades, standards and tolerances for asparagus estab-
lished under that Act are also hereby adopted in whole. O. Reg.
347/90, s. l,part
49.— (1) Where asparagus is marketed according to the diameter
of the asparagus stalks, one of the designations set out in subsection
(2) shall be used in addition to the grade name.
(2) For the purposes of subsection (1), the diameter grades of
asparagus are,
(a) "medium", where the asparagus stalks have a minimum
diameter of 5/16 inch and a maximum diameter of 9/16 inch;
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(b) "large", where the asparagus stalks have a minimum diam-
eter of V2 inch and a maximum diameter of 13/16 inch; and
(c) "jumbo", where the asparagus stalks have a minimum
diameter of 3/4 inch. O. Reg. 347/90, s. I, part.
50. Each eleven-quart basket of bunched asparagus shall weigh
not less than twelve pounds net weight and, where asparagus is sold
or offered for sale by the bunch, each bunch shall,
(a) weigh either eight ounces or sixteen ounces; or
(b) be sold on an exact weight and price per unit weight basis.
R.R.O. 1980, Reg. 332, s. 46; O. Reg. 460/85, s. 11.
Beets
51. The following grade names for topped beets and the grades,
standards and tolerances therefor, established under the Canada
Agricultural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 2 Grade. R.R.O. 1980, Reg. 332, s. 47.
Cabbage
52. The following grade names for cabbage and the grades, stan-
dards and tolerances therefor, established under the Canada Agricul-
tural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 2 Grade. R.R.O. 1980, Reg. 332, s. 48.
Cantaloupes
53. The following grade name for cantaloupes and the grades,
standards and tolerances therefor, established under the Canada
Agricultural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade. R.R.O. 1980, Reg. 332, s. 49.
54.— (1) Ontario No. 2 Grade is the grade name for cantaloupes
that are,
(a) fairly clean, mature, sound and of one variety;
(b) free from insects, insect larva and decay; and
(c) properly packed.
(2) Tolerances by count for variations incidental to the commer-
cial grading and handling of cantaloupes of Ontario No. 2 Grade are
the same as for Canada No. 1 Grade. R.R.O. 1980, Reg. 332,
s. 50.
Carrots
55. The following grade names for topped carrots and the grades,
standards and tolerances therefor, established under the Canada
Agricultural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 1 Cut Crowns Grade.
3. Canada No. 2 Grade. R.R.O. 1980, Reg. 332, s. 51".
Caulifixjwers
56. The following grade names for cauliflowers and the grades,
standards and tolerances therefor, established under the Canada
Agricultural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 2 Grade. R.R.O. 1980, Reg. 332, s. 52.
Celery
57. The following grade names for celery and the grades, stan-
dards and tolerances therefor, established under the Canada Agricul-
tural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 1 Heart Grade.
3. Canada No. 2 Grade. R.R.O. 1980, Reg. 332, s. 53.
Cherries
58. The following grade names for cherries and the grades, stan-
dards and tolerances therefor, established under the Canada Agricul-
tural Products Act , are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada Domestic Grade.
3. Canada Orchard Run Grade. R.R.O. 1980, Reg. 332,
s. 54.
Corn (sweet)
59. The following grade name for sweet corn and the grade, stan-
dards and tolerances therefor, established under the Canada Agricul-
tural Products Act , are hereby adopted in whole:
1. Canada No. 1 Grade. R.R.O. 1980, Reg. 332, s. 55.
Cucumbers (Field)
60. The following grade names for field cucumbers and the
grades, standards and tolerances therefor, established under the
Canada Agricultural Products y4c/, are hereby adopted in whole :
1. Canada No. 1 Grade.
2. Canada No. 2 Grade. R.R.O. 1980, Reg. 332, s. 56.
Cucumbers (Greenhouse)
61. The following grade names for greenhouse cucumbers and the
grades, standards and tolerances therefor, established under the
Canada Agricultural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 2 Grade. R.R.O. 1980, Reg. 332, s. 57.
62.— (1) Ontario Utility Grade is the grade name for long, seed-
less greenhouse cucumbers that are,
(a) fresh, sound, firm, clean and free from disease;
(b) free from decay;
(c) free from any injury or defect or a combination thereof that
seriously affects the edibility of the cucumber; and
(d) properly packed.
(2) Tolerances by count for variations incidental to commercial
grading and handling of greenhouse cucumbers of Ontario Utility
Grade shall not be more than,
(a) 1 per cent affected by decay;
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(b) 5 per cent having the same grade defects, except decay; and
(c) 10 per cent having grade defects including those referred to
in clauses (a) and (b). O. Reg. 637/90, s. 1.
Grapes
63. The following grade names for grapes and the grades, stan-
dards and tolerances therefor, established under the Canada Agricul-
tural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada Domestic Grade. R.R.O. 1980, Reg. 332, s. 58.
64. Despite the varietal requirements of Canada No. 1 Grade,
grapes that,
(a) are of different varieties and colours;
(b) are packed in approximately equal proportions in packages
that,
(i) do not exceed six quarts in capacity, and
(ii) are marked with the words "Mixed Varieties"; and
(c) in all other respects, meet the requirements for Canada No.
1 Grade,
may be designated as Canada No. 1 Grade. R.R.O. 1980, Reg.
332, s. 59.
Head Lettuce (Iceberg Type)
65. The following grade names for lettuce and the grades, stan-
dards and tolerances therefor, established under the Canada Agricul-
tural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 2 Grade. R.R.O. 1980, Reg. 332, s. 60.
Onions
66. The following grade names for onions, other than green
onions, and the grades, standards and tolerances therefor, estab-
lished under the Canada Agricultural Products Act, are hereby
adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 1 Pickling Grade.
3. Canada No. 2 Grade. R.R.O. 1980, Reg. 332, s. 61.
67. Prior to the 16th day of September in any year, onions grown
during that year which do not comply with the firmness and neck dry-
ness requirements of Canada No. I Grade, but that comply with all
other requirements of Canada No. 1 Grade, and
(a) are cured so that the neck is moderately dry; and
(b) yield only slightly to moderate pressure,
shall be deemed to meet the requirements of Canada No. 1 Grade.
R.R.O. 1980, Reg. 332, s. 62.
Parsnips
68. The following grade names for topped parsnips and the
grades, standards and tolerances therefor, established under the
Canada Agricultural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 1 Cut Crowns Grade.
3. Canada No. 2 Grade. R.R.O. 1980, Reg 332, s. 63.
Peaches
69. The following grade name for peaches and the grade, stan-
dards and tolerances therefor, established under the Canada Agricul-
tural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade. R.R.O. 1980, Reg. 332, s. 64.
70.— (1) Ontario Domestic Split-pit Grade is the grade name for
peaches that are,
(a) sound, mature, clean, hand-picked and one variety;
(b) of a minimum diameter oilVs inches;
(c) offered for sale or sold prior to the 15th day of August;
(d) free from worm injury;
(e) free from russeting that affects an aggregate of more than 5
per cent of the surface area of a peach;
(f) free from limb rub that affects more than 5 per cent of the
surface area of a peach;
(g) free from hail marks that affect more than 10 per cent of the
surface area of a peach and that have indented the skin
more than slightly or have broken the skin;
(h) free from mildew, scab or ink spots and oak bug injury that
affects more than 5 per cent of the surface area of a peach;
(i) free from slight deformities that affect more than 15 per
cent of the surface of a peach;
(j) free from any combination of two or more of the defects
referred to in clause (e), (f), (g), (h) or (i) the total area of
which exceeds the greater single area tolerance prescribed
for the particular defects of the combination;
(k) free from any damage, injury or defect or a combination
thereof, that is not referred to in clause (e), (f), (g), (h) or
(i) and that materially affects their appearance, edibility or
shipping quality; and
(1) properly packed. R.R.O. 1980, Reg. 332, s. 65 (1);
O. Reg. 764/81 s. 5.
(2) The tolerances by count for variations incidental to commer-
cial grading and handling of peaches of Ontario Domestic Split-pit
Grade shall be the same as for Canada No. 1 Grade. R.R.O. 1980,
Reg. 332, s. 65 (2).
71. Despite the maturity requirements under Canada No. 1
Grade, the firmness for peaches shall not exceed fifteen pounds as
indicated by a pressure tester having a five-sixteenths of an inch
plunger. R.R.O. 1980, Reg. 332, s. 66.
72. Sales of peaches directly to consumers from the premises on
which they are produced are exempt from sections 69 and 70 provid-
ing,
(a) the peaches are packed in containers other than four quart,
four litre or six quart baskets, panta pak boxes or two-third
bushel cartons;
(b) the containers in which the peaches are displayed and sold
are marked with the word "UTILITY" in letters of at least
one inch in height; and
(c) the peaches are not advertised. O. Reg. 460/85, s. 13.
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Pears
73. The following grade names for pears and the grades, stan-
dards and tolerances therefor, established under the Canada Agricul-
tural Products Act, are hereby adopted in whole:
1. Canada Extra Fancy Grade.
2. Canada Fancy Grade.
3. Canada Commercial Grade. R.R.O. 1980, Reg. 332,
s. 67.
74. Ontario No. 3 Grade is the grade name for pears that are,
(a) sound, mature, hand-picked and of one variety;
Co) free from bruises that affect more than 15 per cent of the
surface of a pear;
(c) free from leaf roller injury that has deformed more than 25
per cent of the surface area of a pear;
(d) free from insect injury that has broken the skin or that
affects more than 15 per cent of the surface area of a pear;
(e) free from limb rub or leaf marks that affect more than 15
per cent of the surface area of a pear;
(f) free from hail injury that has broken the skin or that affects
an area that exceeds three-quarters of an inch in diameter;
(g) free from sun-scald or spray burn that affects more than 15
per cent of the surface area of a pear;
(h) free from skin punctures,
(i) in the case of pears of any variety other than those of
Anjou variety, or
(ii) in the case of pears of Anjou variety, that exceed
two per pear and that exceed one-eighth of an inch
in diameter;
(i) free from drought spots that depress or discolour the sur-
face more than slightly;
(j) free from scab spots that affect more than 15 per cent of the
surface area of a pear;
(k) free from deformities other than slight deformities;
(1) free from any combination of two or more of the defects
referred to in clause (b), (c), (d), (e), (f), (g), (h), (i), (j) or
(k), the total area of which exceeds the greater single area
tolerance prescribed for the particular defects of the combi-
nation;
(m) free from any damage, injury or defect or a combination
thereof, that is not referred to in clause (b), (c), (d), (e),
(f), (g), (h), (i), (j) or (k) and that materially affects their
appearance, edibility or shipping quality;
(n) of a minimum diameter of,
(i) IVi inches for all varieties, other than those of
Seckel variety, and
(ii) one inch for Seckel variety; and
(o) properly packed. R.R.O. 1980, Reg. 332, s. 68.
75. Tolerances by count for variations incidental to the commer-
cial grading and handling of pears of Ontario No. 3 Grade are the
same as for Canada Fancy Grade. R.R.O. 1980, Reg. 332, s. 69.
76. Pears that meet the requirements for Canada Fancy Grade
may be alternatively designated as Canada No. 1 and pears that meet
the requirements for Canada Commercial Grade may be alterna-
tively designated as Canada Cee Grade, Canada "C" Grade or
Canada Domestic Grade. R.R.O. 1980, Reg. 332, s. 70.
Peppers
77.— (1) Ontario No. 1 Grade is the grade name for peppers that
are,
(a) of similar varietal characteristics;
(b) firm and not soft or shrivelled;
(c) free from insects, insect larvae and insect injury;
(d) free from bruises or mechanical injury;
(e) free from disease;
(f) free from decay;
(g) free from any damage, injury or defect or combination
thereof that is not referred to in clause (a), (b), (c), (d), (e)
or (f) and that materially affects their appearance, edibility
or shipping quality; and
(h) properly packed.
(2) Tolerances by count for variations incidental to commercial
grading and handling of peppers shall not be more than,
(a) 3 per cent affected by decay;
(b) 5 per cent having the same grade defects; and
(c) 10 per cent having grade defects including those referred to
in clauses (a) and (b). R.R.O. 1980, Reg. 332, s. 71 .
Plums and Prunes
78. The following grade name for plums and prunes and the
grade, standards and tolerances therefor, established under the
Canada Agricultural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade. R.R.O. 1980, Reg. 332, s. 72.
79. The firmness for Shiro plums shall not exceed ten pounds as
indicated by a pressure tester having a five-sixteenths of an inch
plunger. R.R.O. 1980, Reg. 332, s. 73.
80.— (1) Each two-thirds bushel carton of plums or prunes shall
have a minimum gross weight of thirty-one pounds or 14.1 kilo-
grams.
(2) A master container of three four litre baskets of plums or
prunes shall have a minimum gross weight of twenty-four pounds or
10.9 kilograms. O. Reg. 532/88, s. 3.
Potatoes
81. The following grade names for potatoes and the grades, stan-
dards and tolerances therefor, established under the Canada Agricul-
tural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 1 Large Grade.
3. Canada No. 2 Grade. R.R.O. 1980, Reg. 332, s. 74.
82.— (1) Ontario No. 1 Grade is the grade name for potatoes of
similar varietal characteristics that are.
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(a)
firm, fairly well matured, fairly well shaped and reasonably
clean;
(b) free from dumbbells, hollow hearts, necrosis, freezing
injury, late blight, bacterial ring rot and soft rot;
(c) free from damage caused by greening, abnormal growth,
growth cracks, cuts, scab, dry rot, disease, sprouts, sunburn
or insects, or by mechanical or other injury;
(d) not potatoes from which knobs have been removed;
(e) of,
(i) in the case of round varieties, a minimum diameter
of 2 inches and a maximum diameter of 3V2 inches,
except that in any package, not less than 75 per cent,
by weight, of the potatoes shall be of a minimum
diameter of 2'/4 inches, and
(ii) in the case of long varieties, a minimum diameter of
2 inches and a maximum diameter of Wi inches
except that for potatoes exceeding 3V2 inches in
length, the minimum diameter may be Wa inches;
and
(f) properly packed.
(2) Ontario No. 1 Large Grade is the grade name for potatoes
that meet the requirements for Ontario No. 1 Grade except that the
only requirement in respect of size is that the potatoes shall be not
less than 3'/4 inches in diameter. R.R.O. 1980, Reg. 332, s. 75 (1,
2).
(3) Ontario No. 1 Small Grade is the grade name for potatoes
that meet the requirements for Ontario No. 1 Grade except that the
only requirement in respect of size is that the potatoes shall be not
less than l-Kt inches and not more than 21/4 inches in diameter.
R.R.O. 1980, Reg. 332, s. 75 (3); O. Reg. 347/90, s. 2.
(4) Ontario No. 2 Grade is the grade name for potatoes of similar
varietal characteristics that are,
(a) reasonably firm, reasonabaly mature, not seriously missha-
pen and reasonably clean;
(b) free from damage caused by blight;
(c) free from dumbbells, freezing injury, bacterial ring rot and
soft rot;
(d) free from serious damage caused by sunburn, greening,
abnormal growth, growth cracks, cuts, scab, dry rot, or
other disease or insects, or by mechanical or other injury;
(e) not less than two inches in diameter except that in any pack-
age not less than 75 per cent by weight of the potatoes shall
be, in the case of varieties other than long-shaped varieties,
not less than 2'/4 inches in diameter and, in the case of long-
shaped varieties, not less than VA inches in diameter and
iVi inches in length; and
(f) properly packed.
(5) Ontario Mini Grade is the grade name for potatoes of similar
varietal characteristics that are,
(a) firm, well-shaped and clean;
(b) free from blight, hollow heart, bacterial ring rot or other
decay, sunburn, greening, insect injury, grass root holes,
pitted scab, sprouts or mechanical or other injury; and
(c) not more than V/s inches in diameter.
(6) In subsections (1) to (5),
"fairly well matured" means that not more than 10 per cent by
weight of the individual potatoes in a lot have more than one-quar-
ter of the skin missing or feathered;
"fairly well shaped" means that the individual potato is not materi-
ally pointed, dumbbell shaped or otherwise deformed;
"reasonably clean" means that the individual potatoes are not caked
with dirt or materially stained and the appearance of the potatoes
is not materially affected;
"reasonably mature" means that more than 10 per cent by weight of
the individual potatoes in a lot have more than one-half of the skin
missing or feathered;
"seriously misshapen" means that the individual potato is pointed,
dumbbell shaped or otherwise deformed; and
"soft rot" means any soft, mushy condition of the tissues of the
potato.
(7) For the purpose of Ontario No. 1 Grade, Ontario No.l Large
Grade and Ontario No. 1 Small Grade, "damage" means any injury
caused by,
(a) surface scab,
(i) that shows no pronounced contrast with the back-
ground colour of the potato and the aggregate area
affected exceeds 5 per cent of the surface of the
potato, or
(ii) surface scab that shows pronounced contrast with
the background colour of the potato and the aggre-
gate area affected exceeds 3 per cent of the surface
of the potato;
(b) pitted scab that affects the appearance of the potato to a
greater extent than the amount of surface scab permitted
under clause (a), or that causes a loss of more than 5 per
cent of the total weight of the potato including the peel cov-
ering the defective area;
(c) russet scab that materially affects the appearance of the
potato;
(d) sunburn that causes a dark green area more than one-half
of an inch in diameter on a potato IVi inches in diameter or
a correspondingly smaller or larger dark green area on a
smaller or larger potato, or that causes discolouration that
extends into the flesh of the potato to the extent that it
causes a waste of at least 5 per cent by weight of the potato
including the peel covering the defective area;
(e) greening that materially affects the potato by yellowish or
greenish surface discolouration or that extends into the
flesh of the potato to the extent that it causes a waste of at
least 5 per cent of the total weight of the potato including
the peel covering the defective area;
(f) sprouts exceeding one-half of an inch in length on inspec-
tion at shipping point, or exceeding one inch in length on
inspection at destination, where more than 10 per cent by
weight of the potatoes are so affected; and
(g) any other injury or defect that causes a waste of more than
5 per cent of the total weight of the potato including the
peel covering the defective area.
(8) For the purpose of Ontario No. 2 Grade, "damage" means
blight that causes a waste of more than 5 per cent of the total weight
of the potato, including the peel covering the defective area.
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(9) For the purpose of Ontario No. 2 Grade, "serious damage"
means any injury caused by,
(a) scab when more than 25 per cent of the surface of the
potato in the aggregate is affected; and
(b) defects, including scab, that cause a waste of more than 10
per cent of the total weight of the potato including the peel
covering the defective area.
(10) For the purposes of Ontario No. 1 Grade, Ontario No. 1
Large Grade, Ontario No. 1 Small Grade and Ontario No. 2 Grade,
the tolerances by weight for variations incidental to grading, packing
and handling are,
(a) 5 per cent below minimum size and 5 per cent above maxi-
mum size;
(b) 1 per cent soft rot other than bacterial ring rot;
(c) 3 per cent hollow hearts for Ontario No. 1 Grade and
Ontario No. 1 Small Grade, 5 per cent hollow hearts for
Ontario No. 1 Large Grade and 10 per cent hollow hearts
for Ontario No. 2 Grade; and
(d) 4 per cent for other grade defects,
where the total grade defects in any lot are not more than 10 per
cent, but a package may contain one defective and one off-sized
potato.
(11) For the purposes of Ontario Mini Grade, the tolerances by
weight for variations incidental to grading, packing and handling are,
(a) 5 per cent above maximum size;
(b) 3 per cent affected with hollow heart;
(c) 1 per cent affected by decay;
(d) 5 per cent having grade defects other than those referred to
in clauses (a), (b) and (c); and
(e) 10 per cent having grade defects of any kind including those
referred to in clauses (a), (b), (c) and (d).
(12) Subsections (1) to (10) apply to new potatoes except that for
new potatoes shipped on or before the 15th day of September in any
year from the packer's premises,
(a) the minimum diameter shall be 1% inches for new potatoes
of Canada No. 1 Grade, Ontario No. 1 Grade and Ontario
No. 2 Grade;
(b) washed new potatoes need not be reasonably mature; and
(c) any lot of unwashed new potatoes of Canada No. 1 Grade
or Ontario No. 1 Grade shall contain not more than 10 per
cent of the new potatoes with more than half the skin feath-
ered or missing. R.R.O. 1980, Reg. 332, s. 75 (4-12).
83. The Director may in his or her discretion grant an extension
of the period for marketing V/s inches minimum diameter new pota-
toes of Ontario No. 1 Grade or Ontario No. 2 Grade beyond the
15th day of September in any year. R.R.O. 1980, Reg. 332, s. 76.
Raspberries
84.— (1) Ontario No. 1 Grade is the grade name for raspberries
sold or offered for sale on a grade basis that are,
(a) fresh picked, clean, sound, mature, whole, ripe, firm and of
one variety;
(b) free from mould, mildew or other decay, cores, stems.
leaves or other foreign matter, green or dried raspberries;
and
(c) uniform in size and at least one-half of an inch in diameter.
(2) The tolerances by volume for variation incidental to the com-
mercial grading, packing and handling of raspberries sold or offered
for sale on a grade basis, shall not be more than,
(a) 5 per cent below the prescribed size; and
(b) 10 per cent below the other requirements of the grade.
R.R.O. 1980, Reg. 332, s. 77.
Rhubarb (Field)
85. The following grade names for field rhubarb and the grades,
standards and tolerances therefor, established under the Canada
Agricultural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada Domestic Grade. R.R.O. 1980, Reg. 332, s. 78.
Rhubarb (Forced)
86.— (1) Ontario No. 1 Grade is the grade name for stalks of
forced rhubarb of similar varietal characteristics that are,
(a) well coloured, clean, reasonably straight and well trimmed;
(b) fresh, tender and not pithy;
(c) including attached leaf, free from decay or disease;
(d) free from damage caused by scars, insects, bruising,
scratching, splits, skinning, or by mechanical or other
means;
(e) at least fifteen inches in length from the end of the stalk to
the tip, with or without leaves; and
(f) at least one-half of an inch in diameter at the greatest dis-
tance across the flat face of the stalk at the centre of its
length measured from the end of the stalk to the base of the
leaves.
(2) Ontario No. 2 Grade is the grade name for stalks of forced
rhubarb that are,
(a) fresh, clean and not pithy;
(b) including attached leaf, free from decay or disease;
(c) free from damage caused by scars, insects, bruising,
scratching, splits or skinning or by mechanical or other
means;
(d) well trimmed and reasonably well coloured; and
(e) at least eight inches in length exclusive of the leaves.
(3) In this section,
"damage" means any injury or defect that materially affects the
appearance, edibility or shipping quality of the stalks;
"fresh" means not withered;
"reasonably straight" means that the stalk does not have more than
one-half twist and is not bent or crooked;
"reasonably well coloured" means that a pink or red colour predomi-
nates on at least one-half of the length of the stalk measured from
the lower end of the stalk to the base of the leaves;
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FARM PRODUCTS GRADES AND SALES
Reg./Règl. 378
"similar varietal characteristics" means that the stalks are alike in
general characteristics;
"well coloured" means that a pink or red colour predominates on at
least three-quarters of the length of the stalk measured from the
end of the stalk to the base of the leaves; and
"well trimmed" means that a minimum of 80 per cent of each basal
husk has been removed. R.R.O. 1980, Reg. 332, s. 79 (1-3).
(4) Tolerances, by count of the stalks, for variations incidental to
commercial grading and handling of Ontario No. 1 Grade forced
rhubarb shall be not more than,
(a) 5 per cent having the same grade defect;
(b) 5 per cent affected by decay or disease; and
(c) 10 per cent having grade defects of any kind including those
referred to in clauses (a) and (b). R.R.O. 1980, Reg. 332,
s. 79 (4); O. Reg. 764/81, s. 6 (1).
(5) Tolerances, by count of the stalks, for variations incidental to
commercial grading and handling of Ontario No. 2 Grade forced
rhubarb shall be not more than,
(a) 10 per cent having excess basal husks;
(b) 10 per cent affected by decay or disease;
(c) 10 per cent having any other single defect; and
(d) 15 per cent having grade defects of any kind, including
those referred to in clauses (a), (b) and (c). R.R.O. 1980,
Reg. 332, s. 79 (5); O. Reg. 764/81, s. 6 (2).
Rutabagas
87. The following grade name for rutabagas and the grade, stan-
dards and tolerances therefor, established under the Canada Agricul-
tural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade. R.R.O. 1980, Reg. 332, s. 80.
Strawberries
88.— (1) The following grade name for strawberries and the
grade, standards and tolerances therefor, established under the
Canada Agricultural Products Act, are hereby adopted in whole for
strawberries that are sold or offered for sale on a grade basis:
1. Canada No. 1 Grade.
(2) Strawberries that are not sold or offered for sale on a grade
basis and that are sold for a purpose other than for processing shall
be free from,
(a) bird pecks;
(b) slug injury;
(c) green tips;
(d) individual strawberries that are immature;
(e) individual strawberries that are misshapen; and
(f) individual strawberries that are dirty.
(3) Tolerances by count for variations incidental to commercial
grading and handling of strawberries that are not sold or offered for
sale on a grade basis and that are sold for a purpose other than for
processing, shall be not more than.
(a) 5 per cent having any single defect referred to in subsection
(2); and
(b) 10 per cent having any of the defects referred to in subsec-
tion (2). R.R.O. 1980, Reg. 332, s. 81.
Tomatoes (Field)
89. The following grade names for field tomatoes and the grades,
standards and tolerances therefor, established under the Canada
Agricultural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 2 Grade.
3. Canada No. 1 Picklers.
4. Canada No. 2 Picklers. R.R.O. 1980, Reg. 332, s. 82.
90.— (1) Tomatoes that meet the requirements for Canada No. 1
Picklers Grade or Canada No. 2 Picklers Grade respectively may be
alternately designated as Canada No. 1 Pickling Grade and Canada
No. 2 Pickling Grade.
(2) Tomatoes of Canada No. 1 Picklers Grade and Canada No. 2
Picklers Grade may only be sold during the months of September
and October in each year. R.R.O. 1980, Reg. 332, s. 83.
Tomatoes (Greenhouse)
91.— (1) The following grade names for greenhouse tomatoes and
the grades, standards and tolerances therefor, established under the
Canada Agricultural Products Act, are hereby adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 2 Grade.
3. Canada Commercial Grade.
4. Canada No. 1 Extra Large. R.R.O. 1980, Reg. 332,
s. 84(1);0. Reg. 532/88, s. 4.
(2) Ontario Jumbo Grade is the grade name for greenhouse
tomatoes that are,
(a) clean, sound and not soft;
(b) possessing at least a tinge of pink at the blossom end and
uniformly coloured;
(c) of a minimum diameter of IVi inches;
(d) free from disease, scald, water blisters, ground spots, worm
holes, growth cracks and other scars that are likely to cause
leaking or materially affect the appearance of the tomato;
(e) free from damage caused by blossom ends, plant or stem-
rub and insect injury;
(f) free from any damage, injury or defect or a combination
thereof that is not referred to in clause (a), (b), (c), (d) or
(e) and that causes a waste of more than 5 per cent of an
individual tomato or that affects the edible quality of an
individual tomato; and
(g) properly packed.
(3) Tolerances by count for variations incidental to commercial
grading and handling of greenhouse tomatoes of Ontario Jumbo
Grade shall be not more than,
(a) I per cent affected by decay;
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Reg./Règl. 378
(b) 5 per cent having the same grade defect; and
(c) 10 per cent having grade defects of any kind including those
referred to in clauses (a) and (b). R.R.O. 1980, Reg. 332,
s. 84 (2, 3).
PART VIII
PROCESSING
92.— (1) The processed fruit, vegetables and sweet com and the
fruit, vegetable and sweet com products referred to in subsections
(3) and (4) are designated as farm products.
(2) In this section, "canned" means packed in a hermetically
sealed container.
(3) No person shall pack, transport, ship, advertise, sell or offer
for sale any of the following fmit, vegetables or fruit or vegetable
products that have been processed in Ontario unless the container is
marked "Canada Fancy", "Canada Choice", "Canada Standard" or
"Sub-standard":
1. Canned Apples other than Apple Juice or Apple Sauce.
2. Canned Apricots.
3. Canned Asparagus.
4. Canned Beans. (Green or Wax).
5. Canned Beans. (Lima).
6. Canned Beets.
7. Canned Berries. (Including Raspberries, Blackberries,
Boysenberries, Currants, Gooseberries,
Logan Berries, Lawtonberries and Thim-
bleberries).
8. Canned Blueberries.
9. Canned Carrots.
10. Canned Cherries.
11. Canned Com.
12. Canned Fruit Cocktail.
13. Canned Fruits for Salad.
14. Canned Fruit Salad.
15. Canned Mushrooms. (Other than pieces and stems).
16. Canned Peas.
17. Canned Peas and Carrots.
18. Canned Peaches.
19. Canned Pears.
20. Canned Plums and Prune Plums.
21. Canned Sweet Potatoes.
22. Canned White Potatoes.
23. Canned Pumpkin and Squash.
24. Canned Spinach.
25. Canned Squash.
26. Canned Strawberries.
27. Canned Tomatoes. (Other than Stewed Tomatoes, Tomato
Juice, Tomato Puree, Tomato Paste,
Tomato Catsup, Tomato Chili Sauce or
Tomato Sauce).
(4) No person shall pack, transport, ship, advertise, sell or offer
for sale any of the following fruit, vegetables and sweet corn or fruit,
vegetable or sweet com products that have been processed in
Ontario unless the container is marked "Canada Fancy", "Canada
Choice" or "Sub-standard":
1. Apple Juice.
2. Concentrated Apple Juice.
3. Apple Juice from Concentrate.
4. Apple Sauce.
5. Dried or Dehydrated Apples.
6. Frozen Apples.
7. Frozen Concentrated Apple Juice.
8. Frozen Apricots.
9. Frozen Asparagus.
10. Frozen Beans. (Green and Wax).
11. Frozen Beans. (Lima).
12. Frozen Berries. (Including Raspberries, Blackberries, Boy-
senberries, Lawtonberries, Thimbleber-
ries).
13. Dried Blueberries.
14. Frozen Blueberries.
15. Frozen Broccoli.
16. Frozen Bmssels Sprouts.
17. Frozen Melon Balls and Cantaloupe.
18. Frozen Carrots.
19. Frozen Cauliflower.
20. Frozen Cherries.
21. Frozen Corn.
22. Frozen Fruit Cocktail.
23. Frozen Fruits for Salad.
24. Frozen Fruit Salad.
25. Frozen Leafy Greens. (Other than Spinach).
26. Frozen Mixed Vegetables.
27. Frozen Peas.
28. Frozen Peas and Carrots.
29. Frozen Peaches.
30. Frozen French Fried Potatoes.
767
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FARM PRODUCTS GRADES AND SALES
Reg./Règl. 378
31. Frozen Rhubarb.
32. Canned Sauerkraut.
33. Frozen Spinach.
34. Frozen Squash.
35. Frozen Strawberries.
36. Tomato Juice.
37. Concentrated Tomato Juice.
R.R.0. 1980, Reg. 332, s. 85.
PART IX
FRUIT AND VEGETABLES FOR PROCESSING GRADE
STANDARDS
Apples
93. The following grade names for apples for processing purposes
and the grades, standards and tolerances therefor, established under
the Canada Agricultural Products Act, are hereby adopted in whole:
1. Canada No. 1 (Peelers) Grade.
2. Canada No. 2 (Peelers) Grade.
R.R.O. 1980, Reg. 332, s. 86.
Asparagus
94.— (1) The grades for asparagus for processing are as follows:
1. Select Grade, consisting of spears that are fresh and not
badly misshapen, not more than SVi inches nor less than 5
inches in length and not less than three-eighths of an inch in
diameter, and that are free from,
i. tips that are so spread or branched that they show a
seedy appearance in any part thereof,
ii. broken tips,
iii. white butts,
iv. damage, and
V. decay.
2. No. 1 Grade, consisting of spears that are fresh and not
badly misshapen, not more than seven inches nor less than
4V2 inches in length, not less than one-quarter of an inch in
diameter, when measured at a point 4V2 inches from the
extreme tip and that are free from,
i. broken tips,
ii. white butts,
iii. damage, and
iv. decay.
3. No. 2 Grade, consisting of spears that are fresh and not
badly crooked, not more than 10 inches in length and not
less than one-quarter of an inch in diameter, and that are
free from,
i. badly broken tips,
ii. white butts.
iii. damage caused by dirt or freezing,
iv. serious damage, and
V. decay.
(2) In subsection (1),
"badly broken tips" means spears with more than the extreme tip
missing so that the shape or general appearance of the tip is seri-
ously affected;
"badly crooked" means,
(a) deformed by abnormal growth of flat spears or tips, or
(b) curled or badly deformed tips;
"badly misshapen" means flattened or crooked or otherwise
deformed to an extent that materially affects the quality of spears
for canning or freezing, but does not include the following defects,
(a) slightly flat with rounded or oval sides and a normal tip, and
(b) crooks, other than sharp crooks, that may be straightened
without breaking after blanching;
"broken tips" means spears with more than the extreme tip missing
so that the shape or general appearance of the tip is affected;
"damage" means any injury or defect that affects the quality of
spears for canning or freezing and includes,
(a) tips that are spread or branched so that any portion of the
upper two-thirds of the tip shows a readily apparent seedy
appearance or that have more than two seed stems showing
above the bracts on the remaining portion of the tip, known
as spreading tips,
(b) doubles that affect the shape of the spear or show a hollow
opening in the centre of the spear,
(c) dirt or sand embedded in the tip or under the bracts that
cannot be removed in the process of washing,
(d) damage by freezing as shown by watery, glazed or discol-
oured appearance or more than slight whitish or blanched
appearance,
(e) insect injury by scarring of more than one-quarter of an
inch in diameter in the aggregate or due to insect eggs or
larvae on the spear, where the damage appreciably affects
the appearance of the spear,
(f) mechanical injury or longitudinal growth scarring in the
upper ^Vi inches of the spear of a more than superficial
nature and corky or fibrous, and
(g) disease having more than two discoloured bracts or scales
resulting from rust;
"fresh" means not limp, flabby or badly wilted;
"serious damage" means any injury or defect that seriously affects
the quality of spears for canning or freezing and includes,
(a) tips having tip branches that exceed three-quarters of an
inch in length exclusive of head and that are badly spread-
ing,
(b) doubles that show a hollow opening in the centre of the
spear,
(c) disease resulting from rust that causes discolouration of
more than four bracts.
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Reg./Règl. 378
(d) insect injury due to insect eggs or larvae on the spear, and
(e) mechanical damage that causes scars and longitudinal
growth scarring in the upper IVz inches of the spear of a
more than superficial nature and corky or fibrous;
"white butts" means butts that show on the spear at the extreme butt
and a white colour,
(a) that completely encircles the spear and is in excess of one-
quarter of an inch in height, or
(b) that does not completely encircle the spear but is in excess
of one-half of an inch in height.
(3) For variations incidental to harvesting, grading and handling
of asparagus for processing, the following tolerances by weight shall
be allowed:
1. For Select Grade,
i. 6 per cent that does not meet the length and diame-
ter requirements of the grade, and
ii. 5 per cent for other grade defects of which not more
than 1 per cent may be for decay.
2. For No. 1 Grade,
i. 6 per cent that does not meet the length and diame-
ter requirements of the grade, and
ii. 10 per cent for other grade defects of which not more
than S per cent may be for insect eggs and larvae and
not more than 1 per cent may be for decay.
3. For No. 2 Grade,
i. 2 per cent less than one-quarter of an inch in diame-
ter and 6 per cent more than 10 inches in length, and
ii. 10 per cent for grade defects of which not more than
5 per cent may be for msect eggs and larvae and not
more than 1 per cent may be for decay. R.R.O.
1980, Reg. 332, s. 87.
Beans
95. The grade for green and wax beans for processing is as fol-
lows:
1. No. 1 Grade, consisting of fresh picked, well formed,
tender green or wax beans, medium sized for the variety,
and free from beans that are,
i. large, seedy, shrivelled or rusty,
ii. damaged by disease or insects, or
iii. heated. R.R.O. 1980, Reg. 332, s. 88.
Beets
96.— (1) The grade for beets for processing is as follows:
1 . Ontario No. 1 Grade, consisting of beets that are,
i. of similar varietal characteristics,
ii. not soft, shrivelled or woody in texture,
iii. free from rings that have a white tint,
iv. not rough or seriously misshapen.
V. reasonably clean,
vi. free from decay,
vii. free from frost injury,
viii. free from areas of flesh that are materially darker in
colour than the remainder of the flesh,
ix. free from damage caused by cuts, growth cracks,
insects or mechanical or other means that results in a
loss to a beet of more than 5 per cent by weight when
such damage is trimmed from the beet, and
X. trimmed so that the tops do not exceed three-eighths
of an inch in length and are not trimmed into the
shoulder.
(2) Unless the diameter size ranges of the beets are otherwise
specified in a contract of sale, beets for processing shall be packed in
accordance with the following diameter size ranges:
1. 1 inch to 1 V!i inches.
2. 11/4 inches to 13/4 inches.
3. IV4 inches to 2Vi inches.
4. 2V^ inches to 4V2 inches.
(3) Tolerances by weight for variations incidental to commercial
grading and handling of beets for processing shall be not more than,
(a) 5 per cent below the diameter size ranges referred to in sub-
section (2);
(b) 5 per cent above the diameter size ranges referred to in sub-
section (2);
(c) 2 per cent affected by decay; and
(d) 5 per cent affected by grade defects that are not referred to
in clauses (a) and (b) but including that referred to in clause
(c). R.R.O. 1980, Reg. 332, s. 89.
Cabbages
97.— (1) The grade for cabbages for processing is as follows:
1. Ontario No. 1 Grade, consisting of cabbages that are,
i. free from heads that yield more than slightly to pres-
sure,
ii. trimmed so that,
(A) the butts do not exceed one-half of an inch in
length, and
(B) there are not more than five wrapper leaves
on any one head of cabbage,
iii. free from seed stems,
iv. free from decay,
v. free from damage caused by bursting, freezing, dis-
ease, birds, insects, discolouration or by mechanical
or other means that results in a loss to a head of cab-
bage of more than 5 per cent by weight when such
damage is trimmed from the head of cabbage,
vi. composed of individual heads that are of a minimum
weight of 31/2 pounds and a minimum diameter of
5Vi inches, and
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FARM PRODUCTS GRADES AND SALES
Reg./Règl. 378
vii. free from insects and worms. R.R.O. 1980, Reg.
332, s. 90 (1); O. Reg. 637/90, s. 2 (1).
(2) Tolerances by count for variations incidental to commercial
grading and handling of cabbages for processing shall be not more
than,
(a) 3 per cent affected by decay;
(b) 10 per cent having grade defects including decay; and
(c) 3 per cent affected by insects and worms. R.R.O. 1980,
Reg. 332, s. 90 (2); O. Reg. 637/90, s. 2 (2).
Carrots
98.— (1) The grade for carrots for processing is as follows:
1 . No. 1 Grade, consisting of carrots that are,
i. of similar varietal characteristics,
ii. not seeders,
iii. firm but not woody,
iv. well shaped, fairly smooth, well trimmed and rea-
sonably clean,
V. free from serious damage caused by sprouts, second-
ary growth, cuts, growth cracks, disease, sunburn,
insects or rodents or by mechanical or other means,
and
vi. free from decay, frost injury, hollow hearts and
tainted flavour.
(2) In subsection (1),
"fairly smooth" means not rough, forked, misshapen or covered with
rootlets;
"firm" means not soft, flabby or shrivelled;
"of similar varietal characteristics" means of the same general type;
"reasonably clean" means that the general appearance is not seri-
ously affected and individual carrots are not caked with dirt;
"seeders" means carrots that have a yellow centre, are tough and
have no definite core;
"serious damage" means damage that seriously affects the appear-
ance of the carrot and that causes a loss of more than 10 per cent of
the total weight of the carrot;
"well shaped" means having the shape characteristic of the variety;
and
"well trimmed" means that the tops are trimmed to not more than
one-half of an inch in length.
(3) Tolerances by weight for variations incidental to grading and
handling of carrots for processing are,
(a) 2 per cent for decay; and
(b) 6 per cent in the aggregate for other grade defects.
R.R.O. 1980, Reg. 332, s. 91.
Cherries
99.— (1 ) The grade for sour cherries for processing is as follows:
1 . No. 1 Grade, consisting of cherries that are.
i. sound, mature, hand-picked, clean, of one variety,
of good colour, well formed and of fair size for the
variety,
ii. free from decay, worms, pulled pits, doubles, sun-
scald, stems, dirt or other foreign matter,
iii. free from insect injury and disease,
iv. free from softness, shrivelling and bruises,
v. free from rain cracks or other skin breaks that
exceed one-eighth of an inch in length other than a
very thin line encircling the stem end of the cherry,
vi. free from superficial scars, hail marks, wind whip,
limb rub, russeting and similar discolouration or
scars that affect an aggregate area per cherry exceed-
ing one-eighth of an inch in diameter,
vii. free from any scars that materially discolour the
flesh,
viii. of a minimum size of five-eighths of an inch in diam-
eter, and
ix. free from any damage, injury or defect or a combina-
tion thereof that is not referred to in subparagraph v,
vi or vii and that materially affects their quality for
canning or freezing.
(2) Subject to subsection (3), the minimum colour of sour cher-
ries for processing shall be determined by a "B" or "No. 3" plastic
colour comparator.
(3) Where a processor enters into a contract for sour cherries for
processing with a grower thereof, the processor shall specify in the
contract which type of colour comparator will be used.
(4) Tolerances by count or weight for variations incidental to
commercial grading and handling of sour cherries for processing shall
be not more than,
(a) 1 per cent affected by decay or worms;
(b) 5 per cent having the same grade defect; and
(c) 8 per cent having grade defects of any kind including those
referred to in clauses (a) and (b). R.R.O. 1980, Reg. 332,
s. 92.
100._(1) The grade for sweet cherries for processing is as follows:
1. No. 1 Grade, consisting of cherries that are,
i. sound, mature, hand-picked, clean, of one variety,
of good colour, well formed and of fair size for the
variety,
ii. free from decay, worms, pulled pits, doubles, sun-
scald, stems, dirt or other foreign matter,
iii. free from insect injury and disease,
iv. free from softness, shrivelling and bruises,
V. free from rain cracks or other skin breaks that
exceed one-eighth of an inch in length other than a
very thin line encircling the stem end of the cherry,
vi. free from superficial scars, hail marks, wind whip,
limb rub, russeting and similar discolouration or
scars that affect an aggregate area per cherry exceed-
ing one-eighth of an inch in diameter.
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vii. free from any scars that materially discolour the
flesh,
viii. in the case of sweet cherries that are processed for
canning, of a minimum diameter of three-quarters of
an inch, and
ix. free from any damage, injury or defect or a combina-
tion thereof that is not referred to in subparagraph v,
vi or vii and that materially affects their quality for
canning or freezing.
(2) The minimum colour of sweet cherries for processing shall be
determined by a "No. 6" plastic colour comparator.
(3) Tolerances by count or weight for variations incidental to
commercial grading and handling of sweet cherries for processing
shall be not more than,
(a) 1 per cent affected by decay or worms;
(b) 5 per cent having the same grade defect; and
(c) 8 per cent having grade defects of any kind including those
referred to in clauses (a) and (b). R.R.O. 1980, Reg. 332,
s. 93.
101.— (1) The grade for brine cherries for processing is as follows:
1. No. 1 Grade, consisting of cherries that are,
i. sound, mature, hand-picked, clean, of one variety,
of good colour, well formed and of fair size for the
variety,
ii. free from decay, worms, pulled pits, doubles, sun-
scald, dead stems, dirt or other foreign matter,
iii. free from insect injury and disease,
iv. free from softness, shrivelling and bruises,
V. free from rain cracks or other skin breaks that
exceed one-eighth of an inch in length other than a
very thin line encircling the stem end of the cherry,
vi. free from superficial scars, hail marks, wind whip,
limb rub, russeting and similar discolouration or
scars that affect an aggregate area per cherry exceed-
ing one-eighth of an inch in diameter,
vii. free from any scars that materially discolour the
flesh,
viii. of a minimum size of nine-sixteenths of an inch in
diameter, and
ix. free from any damage, injury or defect or a combina-
tion thereof that is not referred to in subparagraph v,
vi or vii and that materially affects their quality for
canning or freezing.
(2) Tolerances by count or weight for variations incidental to
commercial grading and handling of brine cherries for processing
shall be not more than,
(a) 1 per cent affected by decay or worms;
(b) 5 per cent having the same grade defect; and
(c) 8 per cent having grade defects of any kind including those
referred to in clauses (a) and (b). R.R.O. 1980, Reg. 332,
s. 94.
102. In sections 99, 100 and 101,
"double" means a cherry that has the appearance of attached twin
cherries; and
"mature" means having reached the state of maturity at which the pit
will separate cleanly from the flesh. R.R.O. 1980, Reg. 332,
s. 95.
Peaches
103.— (1) The grade for peaches for processing is as follows:
1. No. 1 Grade, consisting of peaches that are,
i. uniformly mature, ripe or firm, not soft or hard, well
formed, sound, clean, hand-picked, of good colour
and of one variety,
ii. free from decay, worms, disease, skin punctures or
skin breaks, growth cracks, split pits and gum,
iii. free from damage by insects,
iv. free from damage caused by russeting and limb rub
that affects an aggregate area per peach that exceeds
5 per cent of the surface area of the peach,
V. free from damage caused by hail marks and bruises
other than such slight bruises as are incidental to the
grading, packing and handling of peaches, and
vi. free from any damage, injury or defect that causes
such waste as to not yield, after trimming, two well
formed halves, or that materially affects the quality
of the peach.
(2) In this section,
"firm" means fairly solid but yielding very slightly to moderate pres-
sure;
"ripe" means yielding readily to moderate pressure;
"soft" means, with respect to peaches that are not clingstone
peaches, over-ripe, possessing very little resistance to slight pres-
sure and having reached a stage of growth that is too far advanced
to be desirable for processing; and
"well formed" included being capable of yielding two well shaped
halves.
(3) Tolerances by count for variations incidental to commercial
grading and handling of peaches for processing shall be not more
than,
(a) 3 per cent affected by decay;
(b) S per cent having the same grade defect; and
(c) 10 per cent having grade defects of any kind including those
referred to in clauses (a) and (b). R.R.O. 1980, Reg. 332,
s. 96.
Pears
104.— (1) The grade for pears for processing is as follows:
1. No. 1 Grade, consisting of pears that are,
i. mature, hand-picked, sound, firm, well formed,
capable of yielding two well shaped halves and of
one variety,
ii. free from scald, hard end, black end, internal break-
down, decay, worms, drought, spots, sooty blotch
and ink spots, and
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iii. free from damage that cannot be cotnpletely
removed in the ordinary process of paring the pears
for commercial use and that is caused by,
(A) bruises,
(B) russeting that is not characteristic of the vari-
ety and that affects an aggregate area per pear
that exceeds 5 per cent of the surface area of
the pear,
(C) insect injury,
(D) limb rub or leaf marks, other than limb rub or
leaf marks of a russet character that do not
harm the quality of the pear,
(E) hail marks,
(F) sun-scald or spray burns, other than sun-scald
or spray burns that have only slightly changed
the normal colour of the pear and have
caused no blistering or cracking of the skin,
(G) skin punctures,
(H) insects, other than leaf roller injury that is not
more than one-half of an inch in diameter and
does not deform the pear,
(I) disease.
(2) The firmness for No. 1 Grade pears for processing of the
Bartlett variety shall be not less than sixteen pounds and not more
than twenty pounds as indicated by a pressure tester having a five-
sixteenths of an inch plunger.
(3) Tolerances by count for variations incidental to commercial
grading and handling of pears for processing shall not be more than,
(a) 1 per cent affected by worms;
(b) 3 per cent over-mature;
(c) 5 per cent having the same grade defect; and
(d) 10 per cent having grade defects of any kind including those
referred to in clauses (a), (b) and (c). R.R.O. 1980, Reg.
332, s. 97.
Plums and Fresh Prunes
105.— (1) The grade for plums and fresh prunes for processing is
as follows:
1 . No. 1 Grade, consisting of plums or prunes that are,
i. well formed, mature, clean, of good colour and of
one variety,
ii. free from plum rot, decay, insect injury, leaf marks,
doubles, sun-scald where the softening or collapse of
the flesh is apparent, russeting and disease,
iii. free from skin breaks that are not healed other than
those that are caused by pulled stems and do not
extend beyond the stem basin,
iv. free from heat injury that is extensive or not light in
colour,
v. free from sunburn that has materially changed the
normal colour of the plum or prune or that has
caused the skin to blister or crack.
vi. free from growth cracks,
vii. free from split pits,
viii. free from drought spots and gum spots,
ix. free from insects,
X. free from bruising other than slight bruising inciden-
tal to grading and handling of plums and prunes,
xi. free from hail marks or other similar depressions or
scars that are not shallow or superficial or that affect
an aggregate area per plum or prune exceeding one-
quarter of an inch in diameter,
xii. free from any combination of two or more of the
defects referred to in subparagraph iii, iv, v, vi, vii,
viii, ix, X or xi the seriousness of which exceeds the
tolerance prescribed for any one defect in the combi-
nation, and
xiii. free from any damage, injury or defect or a combina-
tion thereof that is not referred to in subparagraph
iii, iv, V, vi, vii, viii, ix, x or xi and that materially
affects their appearance, edibility or processing qual-
ity.
(2) In subsection (1), "double" means a plum or a prune that has
the appearance of attached twin plums or prunes.
(3) Tolerances by count for variations incidental to commercial
grading and handling of plums and fresh prunes for processing shall
be not more than,
(a) 3 per cent affected by decay;
(b) 4 per cent having the same grade defects; and
(c) 8 per cent having grade defects of any kind including those
referred to in clauses (a) and (b).
(4) Plums or fresh prunes in a lot do not meet the requirements
for No. 1 Grade plums or fresh prunes for processing where,
(a) a contract between a grower and a processor for the plums
or fresh prunes for processing provides that the plums or
fresh prunes shall be without stems; and
(b) more than 4 per cent of the plums or fresh prunes in the lot
have stems attached. R.R.O. 1980, Reg. 332, s. 98.
Tomatoes for Processing
106.— (1) All tomatoes for processing contracted by a processor
under an order of The Farm Products Marketing Board shall be
bought from a grower on a graded basis. O. Reg. 764/81, s. l,part.
(2) Every contracted load delivered to a processor licensed under
the Farm Products Marketing Act and the regulations made there-
under shall be graded by an inspector or grader or by a person
employed by the Ministry. O. Reg. 583/86, s. 4.
107.— (1) In this section,
"grass green" means immature tomatoes whose surface is totally
green or greenish-white;
"limited use" means tomatoes that are,
(a) affected by black mould, early blight, late blight, decay,
frost, insect feeding or blossom end rot to the extent that
each tomato incurs a loss in trimming of 15 per cent or less
by weight.
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(b) affected by sun-scald, sunburn, shrivelling, blotchy ripen-
ing, grey wall, growth cracks, catfacing, cracked or dam-
aged fruit, broken locules, hail, bacterial speck or bacterial
spot to the extent that each tomato incurs a loss in trimming
of more than IS per cent by weight, or
(c) affected by one spot of anthracnose;
"material other than tomato" means dirt, vines, loose stems,
attached stems over one inch long or past the first joint, or any
other foreign substance;
"non-peelable" means tomatoes that are,
(a) affected by black mould, early blight, late blight, decay,
frost, insect feeding or blossom end rot to the extent that
each tomato incurs a loss in trimming of IS per cent or less
by weight,
(b) affected by growth cracks, catfacing, cracked or damaged
fruit, broken locules, hail, bacterial speck or bacterial spot
to the extent that each tomato incurs a loss in trimming of
more than IS per cent by weight,
(c) affected by sun-scald, sunburn, blotchy ripening or grey
wall to more than IS per cent of the surface area of each
tomato,
(d) affected by one spot of anthracnose;
(e) affected by internally sprouted seeds, or
(0 not of a flesh colour, when the skin is removed, which
meets the colour requirement of Canada Choice grade can-
ned tomatoes established under the Canada Agricultural
Products Act;
"other defects" means tomatoes that are,
(a) affected by black mould, white mould, early blight, late
blight, decay, frost, insect feeding or blossom end rot to the
extent that each tomato incurs a loss in trimming of more
than IS per cent by weight,
(b) affected by any defect causing the tomato to be sour, or
(c) affected by more than one spot of anthracnose;
"processing breakers" means immature tomatoes that are,
(a) coloured to the extent that at least 90 per cent of the surface
shows a blush of yellow, pink or orange, and
(b) of an Agtron E-SM reading greater than 77 when deter-
mined on cut halves;
"processing green" means immature tomatoes that have an external
blush of yellow, pink or orange but more than 10 per cent of the
surface area is green.
(2) The grades for tomatoes for processing are as follows:
1 . Option A, consisting of tomatoes that are,
i. of an Agtron E-5M juice colour reading of 36 or less
when pureed using a method approved by the Direc-
tor,
ii. not grass green, processing green or processing
breakers,
iii. not limited use or other defects, and
iv. free from insects, worms, insect excrement and
material other than tomato.
2. Option B, consisting of tomatoes that are,
i. of an Agtron E-5M juice colour reading of 36 or less
when pureed using a method approved by the Direc-
tor,
ii. not grass green or processing green,
iii. not limited use or other defects, and
iv. free from insects, worms, insect excrement and
material other than tomato.
3. Option C, consisting of tomatoes that are,
i. not grass green or processing green,
ii. not non-peelable or other defects, and
iii. free from insects, worms, insect excrement and
material other than tomato.
(3) Tolerances by weight for variations incidental to commercial
grading and handling for each load of tomatoes for processing shall
not be more than:
1. For Option A,
i. 1 per cent affected by insects, worms or insect excre-
ment,
ii. S per cent total undercolour fruit consisting of,
(A) not more than 1 per cent grass green,
(B) not more than 1 per cent processing green, or
2 per cent if there are no grass green,
(C) not more than 3 per cent processing breakers,
or 5 per cent if there are no grass green or
processing green, or 4 per cent if there is a
combination of 1 per cent grass green and no
processing green or no grass green and 1 per
cent processing green,
iii. 7 per cent other defects,
iv. 20 per cent limited use, and
V. 3 per cent material other than tomato.
2. For Option B,
i. 1 per cent affected by insects, worms or insect excre-
ment,
ii. 2 per cent total undercolour fruit consisting of,
(A) not more than 1 per cent grass green,
(B) not more than 1 per cent processing green, or
2 per cent if there are no grass green,
iii. 7 per cent other defects,
iv. 20 per cent limited use, and
V. 3 per cent material other than tomato.
3. For Option C,
i. 1 per cent affected by insects, worms or insect excre-
ment,
ii. 2 per cent total undercolour fruit consisting of.
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(A) not more than 1 per cent grass green,
(B) not more than 1 per cent processing green, or
2 per cent if there are no grass green,
iii. 7 per cent other defects,
iv. 30 per cent non-peelable, and
V. 3 per cent material other than tomato,
but the combination of allowable tolerances shall not be
more than 30 per cent. O. Reg. 217/84, s. 5.
REGULATION 379
GRADES-HOG CARCASSES
1. In this Regulation,
"carcass" means the carcass of an animal of the swine species,
including the head, leaflard, kidneys, tongue including hyoid
bone, tenderloins, diaphragm, tail, backbone and feet;
"Commissioner" means the Livestock Commissioner of Ontario;
"establishment" means any establishment registered under the Meat
Inspection Act (Canada), or the Meat Inspection Act (Ontario) or
approved under the Hog Carcass Grading Regulations under the
Canada Agricultural Products Act;
"grader" means a grader assigned to an establishment for the pur-
pose of grading carcasses;
"inspector" means an inspector appointed under the Act;
"operator" means a person operating an establishment;
"shipper" means a shipper licensed under the Ontario Pork Produc-
ers' Marketing Plan;
"veterinary inspector" means a person appointed or designated as an
inspector under the Meat Inspection Act (Canada) or the Meat
Inspection Act (Ontario). R.R.O. 1980, Reg. 333, s. 1.
2. Carcasses are designated as farm products. R.R.O. 1980,
Reg. 333, s. 2.
3. The following grade names for carcasses and the grades and
standards therefor, established under the Canada Agricultural Prod-
ucts Act, are hereby adopted in whole:
1. Canada Index 112.
2. Canada Index 110.
3. Canada Index 109.
4. Canada Index 107.
5. Canada Index 105.
6. Canada Index 103.
7. Canada Index 102.
8. Canada Index 100.
9. Canada Index 98.
10. Canada Index 97.
1 1 . Canada Index 95.
12. Canada Index 92.
13. Canada Index 88.
14. Canada Index 91 (heavy).
15. Canada Index 87 (heavy).
16. Canada Index 87 (light).
17. Canada Index 85 (extra-heavy).
18. Canada Index 82 (extra-heavy).
19. Canada Index 80 (deficient).
20. Canada Index 67 (ridgling).
21. Canada Stag.
22. Canada Sow Class 1.
23. Canada Sow Class 2. R.R.O. 1980, Reg. 333, s. 3.
4. Every operator shall ensure that each carcass measured for the
purposes of this Regulation is,
(a) completely and accurately split with the spinous processes
of the thoracic vertebrae remaining on the left side;
(b) open through the tailhead to within one inch above the atlas
joint; and
(c) measured on the left side. R.R.O. 1980, Reg. 333, s. 4.
5.— (1) The standards for Type demerits established under the
Canada Agricultural Products Act are hereby adopted in whole.
(2) The standards for Quality demerits established under the
Canada Agricultural Products Act are hereby adopted in whole.
(3) Before a grader applies a Quality demerit to any carcass the
operator may elect to hold that carcass for final appraisal after it has
been chilled. R.R.O. 1980, Reg. 333, s. 5.
6.— (1) No carcass shall be graded,
(a) by a person other than a grader;
(b) at a place other than an establishment;
(c) unless the grader is provided with a sufficient number of
efficient helpers to assist in his or her duties;
(d) if the operator is of the opinion that he or she does not have
freedom from interference in carrying out his or her duties;
and
(e) unless the carcass is from an animal slaughtered in the
establishment where it is to be graded.
(2) A grader is not required to grade a carcass unless it is pre-
sented to him or her during reasonable working hours.
(3) In grading any carcass the grader shall not take into account
bruises or other marks that are evident at the time of grading unless
he or she determines that such bruises or marks are the result of
physical injury of farm origin. R.R.O. 1980, Reg. 333, s. 6.
7.— (1) A grader who has graded a carcass may, at the request of
any consignor or the consignor's agent, issue a grade certificate for
any carcass or carcasses graded by the grader at an establishment if
the consignor or agent,
(a) has placed on each of the animals to be carcass graded the
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distinct and specific tattoo mark of identity referred to in
section 8; and
(b) has completed and filed with the grader at the establish-
ment at the time of delivery of the animal or animals, as the
case may be, to the operator of the establishment the mani-
fest referred to in section 8.
(2) A grader may refuse to issue a grade certificate for any car-
cass where he or she believes, on reasonable and probable grounds,
that the provisions of the Act or this Regulation have been contra-
vened by means of or in relation to such carcass until such time as he
or she is satisfied that such provisions have been complied with.
(3) A grade certificate shall indicate any carcasses that have been
condemned by a veterinary inspector. R.R.O. 1980, Reg. 333, s. 7.
8.— (1) A shipper, upon taking delivery of animals from a pro-
ducer, shall place a tattoo mark of identity on the shoulder of each
animal of each producer's lot before any of the lot has mingled with
any other producers' animals.
(2) No shipper shall ship, transport or deliver to an assembly yard
under the Ontario Pork Producers' Marketing Plan or to an estab-
lishment animals that do not bear a tattoo mark of identity.
(3) A shipper shall complete a manifest in a form approved by
the Commissioner before the animals in a shipment are delivered to
an assembly yard or establishment.
(4) The shipper shall deliver the manifest to the person in charge
of the assembly yard to which the animals are delivered or to the
inspector at the establishment at which the animals are to be slaugh-
tered, as the case may be.
(5) Where animals are delivered to an assembly yard, the person
in charge of the assembly yard shall forward the manifest to the
inspector at the establishment at which the hogs are to be
slaughtered. R.R.O. 1980, Reg. 333, s. 8.
9.— (1) Where an inspector detains a carcass, the inspector shall
place thereon a tag indicating that the carcass is under detention.
(2) Except as authorized by an inspector, no person shall remove
from a carcass a tag placed thereon by an inspector pursuant to this
section. R.R.O. 1980, Reg. 333, s. 9.
10. A carcass bought by an operator shall be deemed to be
bought on the basis of the grade shown on any grading certificate
issued respecting such carcass. R.R.O. 1980, Reg. 333, s. 10.
REGULATION 380
GRADES— LAMB AND MUTTON CARCASSES
I. In this Regulation,
"brand" means an imprint described in Schedule 2;
"carcass" means the entire carcass of an animal of the sheep species,
but does not include,
(a) the pelt, that part of the head and neck forward of the first
cervical joint, that part of the hind shank below the ankle
joint, that part of the foreshank below the break joint in the
case of lamb, and below the ankle joint in the case of mut-
ton, the alimentary canal, liver, spleen, genital tract and
genitalia, heart, lungs, membranous portion of the dia-
phragm, heart fat, external cod or udder fat, and the tail
posterior to the third coccygeal vertebra, or
(b) any portion of the carcass the removal of which is required
under the Meal Inspection Act (Canada) or the Meat Inspec-
tion Act (Ontario) or any regulation made thereunder;
"Commissioner" means the Livestock Commissioner of Ontario;
"district supervisor" means a District Supervisor of the Livestock
Division of the Department of Agriculture of Canada;
"establishment" means any establishment registered under the Meat
Inspection Act (Canada), the Lamb and Mutton Carcass Grading
Regulations under the Canada Agricultural Products Act or the
Meat Inspection Act (Ontario);
"grader" means a grader assigned to an establishment for the pur-
pose of grading carcasses;
"inspector" means an inspector appointed under the Act;
"lamb carcass" means the carcass of an animal of the sheep species
of either sex, up to and including twelve months of age, having
four well-defined relatively soft ridges at the break joint of the
forelegs;
"mutton carcass" means the carcass of an animal of the sheep spe-
cies, of either sex, more than twelve months of age, having two
smooth hard white ridges where the feet are severed at the ankle
(spool) joint and bones somewhat whiter and harder than those in
a iamb carcass;
"operator" means a person operating an establishment. R.R.O.
1980, Reg. 334, s. 1.
2. Carcasses are designated as farm products. R.R.O. 1980,
Reg. 334, s. 2.
3.— (1) The following grade names for lamb carcasses and the
grades and standards therefor, established under the Canada Agri-
cultural Products Act, are hereby adopted in whole:
1. Canada Al.
2. Canada A2.
3. Canada A3.
4. Canada A4.
5. Canada B.
6. Canada CI.
7. Canada C2.
(2) The following grade names for mutton carcasses and the
grades and standards therefor, established under the Canada Agri-
cultural Products Act, are hereby adopted in whole:
1. Canada Dl.
2. Canada D2.
3. Canada D3.
4. Canada D4.
5. Canada E. R.R.O. 1980, Reg. 334, s. 3.
4.— (1) No carcass shall be graded,
(a) by a person other than a grader;
(b) at a place other than an establishment;
(c) unless the grader is provided with a sufficient number of
efficient helpers to assist the grader in his or her duties;
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(d) if the grader is of the opinion that he or she does not have
freedom from interference in carrying out his or her duties;
and
(e) unless the carcass is from an animal slaughtered in the
establishment where it is to be graded.
(2) A grader is not required to grade a carcass unless it is pre-
sented to the grader for grading during reasonable hours mutually
agreed upon between the operator and the district supervisor.
R.R.O. 1980, Reg. 334, s. 4 (1, 2).
(3) Where, at an establishment,
(a) a carcass is placed under detention pursuant to the Act or
this Regulation; or
(b) an inspector, on reasonable grounds, believes that there has
been a contravention of the Act or this Regulation,
it is a condition of grading that every carcass at the establishment be
graded until the matter or matters giving rise to the condition have
been remedied. O. Reg. 766/81, s. 1.
5.— (1) No carcass shall be considered graded unless it bears a
grade stamp in the shape and size set out in Schedule 1 that has been
applied by a grader indicating the applicable grade name for that car-
cass on the foresaddle, loin or leg on both sides of the carcass.
R.R.O. 1980, Reg. 334, s. 5 (1); O. Reg. 766/81, s. 2.
(2) No grade stamp shall be applied to a carcass unless the carcass
bears the inspection legend required by the regulations made under
the Meat Inspection Act (Canada) or the Meat Inspection Act
(Ontario).
(3) The grade stamp shall be applied in brown ink. R.R.O.
1980, Reg. 334, s. 5 (2, 3).
6.— (1) Brands in a continuous strip in the form set out in Sched-
ule 2 bearing the grade name indicated on the grade stamp applied
pursuant to this Regulation shall be applied in accordance with the
instructions of the grader in the establishment where the animal was
slaughtered on each side of the carcass extending the full length of
the carcass from the hock over the leg, the saddle and shoulder at a
distance of approximately 2 inches from the vertebrae.
(2) Brands shall be applied in ink that has been approved by the
Commissioner.
(3) Brands bearing the grade name set out in Column I of an item
of the Table shall be in the colour set out in Column II of that item.
TABLE
Item
Column I
Column II
GRADES
GRADES
11
12
Canada D4.
Canada E.
Black
Black
Item
Column I
Column II
GRADES
GRADES
1
Canada Al.
Red
2
Canada A2.
Red
3
Canada A3.
Red
4
Canada A4.
Red
5
Canada B.
Blue
6
Canada CI.
Brown
7
Canada C2.
Brown
8
Canada Dl.
Black
9
Canada D2.
Black
10
Canada D3.
Black
R.R.O. 1980, Reg. 334, s. 6.
7. No person other than an operator shall apply a brand to a
graded carcass. R.R.O. 1980, Reg. 334, s. 7.
8. A stamp bearing the name or logo of a producer, retailer or
wholesaler and a date may be applied on a carcass if the stamp,
(a) is applied in brown ink or in ink of a colour corresponding
to the colour of the brand that has been applied to the car-
cass;
(b) does not exceed three inches in height or width;
(c) is not applied in more than one place on the carcass; and
(d) is not in contact with the grader's stamp. R.R.O. 1980,
Reg. 334, s. 8.
9. A grader who has graded a carcass may, at the request of any
consignor or the consignor's agent, issue a grade certificate for any
carcass or carcasses graded by the grader at an establishment, if the
consignor or agent,
(a) has placed on each of the animals to be carcass graded dis-
tinct and specific identification approved by the Commis-
sioner that has been transferred to or otherwise appears on
the carcass of such animal; and
(b) has completed and filed with the grader at the establish-
ment at the time of delivery of the animal or lot of animals,
as the case may be, to the operator of the establishment, a
manifest in a form prescribed by the Commissioner.
R.R.O. 1980, Reg. 334, s. 9.
10.— (1) Where an inspector detains a carcass, the inspector shall
place thereon a tag indicating that the carcass is under detention.
(2) Except as authorized by an inspector, no person shall remove
from a carcass a tag placed thereon by an inspector pursuant to this
section. R.R.O. 1980, Reg. 334, s. 10.
11.— (1) No person shall sell, offer for sale or have in possession
for sale any carcass that is marked or stamped unless it has been
marked or stamped in accordance with the Act and this Regulation.
(2) No person shall apply to a carcass an impression, mark or
stamp of any kind that is not a brand or a grade and that might be
construed as a brand or grade stamp. R.R.O. 1980, Reg. 334,
s. 11.
12. Carcasses shall be divided into lamb carcasses and mutton
carcasses in accordance with the characteristics set out in,
(a) the definitions of "lamb carcass" and "mutton carcass" in
section 1; and
(b) the standards referred to in section 3. R.R.O. 1980, Reg.
334, s. 12.
13. No person shall in any advertisement offering the whole or
any part of a lamb carcass or a mutton carcass for sale,
(a) make any statement that is untrue, deceptive, misleading or
that is likely to deceive or mislead any person; or
(b) use any words that resemble a grade name or that may be
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mistaken by any person for a grade name other than a grade
name applied to the lamb carcass or mutton carcass, as the
case may be, under this Regulation. R.R.O. 1980, Reg.
334, s. 13.
Schedule 1
GRADE STAMP
Dimensions: 1 inch square
CANADA
Al
R.R.O. 1980, Reg. 334, Sched. 1.
Schedule 2
1. Form a brand in a continuous strip required to show grade
names on carcasses:
CANADA
Al
CANADA
Al
CANADA
Al
CANADA
Al
2. — ( 1 ) The width of the brand shall be one and three-eighths of an
inch and no word shall exceed that length.
(2) All letters in the grade name shall be block capitals (Gothic)
and shall be at least five-sbcteenths of an inch in height. R.R.O.
1980, Reg. 334, Sched. 2.
REGULATION 381
GRADES— POULTRY
Definitions
1. In this Regulation,
"consumer" means a person who buys undrawn dressed poultry or
eviscerated poultry for use by the person or the person's house-
hold and not for resale;
"eviscerated poultry" means slaughtered poultry from which the
blood, feathers, head, legs at the hock joints, oil sac and viscera,
including the respiratory, digestive, reproductive and urinary sys-
tems have been removed;
"further processing" means the cutting into parts, canning or manu-
facturing into food products of undrawn dressed poultry or eviscer-
ated poultry;
"poultry" means,
(a) chicken— being young birds of either sex that have flexible
cartilage at the posterior end of the breast or keel bone and
tender meat and soft skin of smooth texture,
(b) chicken capon— being male chickens that have undergone a
process resulting in a complete removal or inactivation of
the sex organs, and that have a flexible cartilage at the pos-
terior end of the breast or keel bone, tender meat and soft
skin of smooth texture,
(c) fowl— being mature chickens of either sex with rigid carti-
lage at the posterior end of the breast or keel bone; male
birds may have lengthy hard spur development,
(d) turkey, including,
(i) young turkey, being young birds of either sex, hav-
ing flexible cariilage at the posterior end of the
breast or keel bone, tender meat and soft skin of
smooth texture, and
(ii) mature turkey, being mature birds of either sex, hav-
ing rigid cariilage at the posterior end of the breast
or keel bone,
(e) ducks, including,
(i) young ducks, being young birds of either sex, having
flexible cartilage at the posterior end of the breast or
keel bone, tender meat and soft skin of smooth tex-
ture, and
(ii) mature ducks, being mature birds of either sex, hav-
ing rigid cartilage at the posterior end of the breast
or keel bone,
(f) geese, including,
(i) young geese, being young birds of either sex, having
flexible cartilage at the posterior end of the breast or
keel bone, tender meat and soft skin of smooth tex-
ture, and
(ii) mature geese, being mature birds of either sex, hav-
ing rigid cartilage at the posterior end of the breast
or keel bone;
"producer" means a person who produces poultry;
"producer-grader" means a person to whom a grader's certificate has
been issued as a producer-grader under the Canada Agricultural
Products Act;
"registered station" means a place in respect of which a certificate of
registration as,
(a) a registered poultry killing and dressing station, or
(b) a registered poultry grading station,
has been issued under the Canada Agricultural Products Act;
"undrawn dressed poultry" means slaughtered poultry from which
the blood and feathers have been removed;
"vendor" means a person who sells or offers for sale undrawn
dressed poultry or eviscerated poultry to a retail or wholesale mar-
ket, a consumer, a retail store, an institution, a hotel, a restaurant,
a barbecue or to anyone commercially engaged in serving meals.
R.R.O. 1980, Reg. 335, s. 1.
Appucation of Regulation
2. Undrawn dressed poultry and eviscerated poultry are desig-
nated as farm products. R.R.O. 1980, Reg. 335, s. 2.
General
3.— (1) Subject to subsections (2) and (3) and section 4, no person
shall pack, transport, ship, advertise, sell, offer for sale or hold in
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FARM PRODUCTS GRADES AND SALES
Reg./Règl. 381
possession for sale any undrawn dressed poultry or eviscerated poul-
try unless the poultry has been graded and marked to indicate the
kind and grade of the poultry in accordance with the standards set
out in Schedules 1, 2, 3, 4, 5 and 6.
(2) Undrawn dressed or eviscerated poultry that is not marked as
required in subsection (1) may be transported or shipped to a regis-
tered station for the purpose of being graded.
(3) Poultry being shipped for further processing is not required to
be individually marked. R.R.O. 1980, Reg. 335, s. 3.
4. Despite section 3, a producer may, in any place in Ontario,
including any public market, advertise, sell, offer for sale, hold in
possession for sale or transport undrawn dressed poultry or eviscer-
ated pouhry that is not marked as required in section 3, if the poultry
is produced on the producer's farm and is advertised, sold, offered
for sale, held in possession for sale or transported to consumers only.
R.R.O. 1980, Reg. 335, s. 4.
Marking
5. Any person grading poultry pursuant to the Act or this Regula-
tion shall mark each individual bird of such poultry to show,
(a) the name of the kind, and in the case of turkeys, ducks and
geese the word "Young" or the word "Mature" preceding
the kind;
(b) the name of the grade; and
(c) the words "Reg. No." followed by,
(i) the certificate number and letters assigned to the
producer-grader, or
(ii) the registered station number and letter assigned to
the operator of the registered station,
as the case may be. R.R.O. 1980, Reg. 335, s. 5.
6.— (1) The individual bird markings referred to in section 5 shall
be placed on metal tags, inserts or transparent bags for packing indi-
vidual birds.
(2) Where the bird markings are on a tag, the tag shall be
securely attached to the bird at the "V" formed by the wishbone.
(3) Where the bird markings are on an insert or transparent bag,
the markings shall appear in the centre of the breast. R.R.O. 1980,
Reg. 335, s. 6.
7. The individual bird markings shall be clear and legible.
R.R.O. 1980, Reg. 335, s. 7.
8. The colour of the background on metal tags shall be white and
the colour of the lettering on individual bird markings shall be,
(a) for Canada Grade special, purple;
(b) for Canada Grade A, red;
(c) for Canada Grade B, blue;
(d) for Canada Grade Utility, blue;
(e) for Canada Grade C, yellow; and
(f) for Canada Grade D, brown. R.R.O. 1980, Reg. 335,
s. 8.
9. The size of the lettering on individual bird markings shall be as
follows:
1. The word or letter denoting the grade shall be at least one-
quarter of an inch in height.
2. All other required markings shall be at least one-sixteenth
of an inch in height, but not larger than the height of the
word or letter denoting the grade. R.R.O. 1980, Reg.
335, s. 9.
10. No person other than,
(a) the operator of a registered station;
(b) a producer-grader; or
(c) an inspector,
shall apply the bird markings referred to in section 5. R.R.O. 1980,
Reg. 335, s. 10.
11.— (1) An operator of a registered station, who applies bird
markings shall apply the markings only at the registered station.
(2) A producer-grader who applies bird markings shall apply the
markings only at the premises where the producer-grader is permit-
ted to grade poultry under the Canada Agricultural Products Act and
the regulations thereunder.
(3) Where poultry has been improperly marked, an inspector
may remove or obliterate the bird markings and may apply proper
bird markings in accordance with this Regulation. R.R.O. 1980,
Reg. 335, s. 11.
Advertising
12.— (1) No person who sells, offers for sale or holds in possession
for sale undrawn dressed poultry or eviscerated poultry shall publish
or cause to be published any advertisement or statement respecting
the kind or grade of the poultry that is untrue, deceptive, misleading
or likely to mislead.
(2) No person shall sell, offer for sale or have in possession for
sale at retail any undrawn dressed poultry or eviscerated poultry that
has been frozen and subsequently thawed unless the words "Frozen-
Thawed" followed by the kind of poultry appear conspicuously on
the display in letters at least one inch high and one-half of an inch
wide. R.R.O. 1980, Reg. 335, s. 12.
13. In any advertisement pertaining to undrawn dressed poultry
or eviscerated poultry wherein the price of the poultry appears, the
grade name of the poultry shall appear in letters at least one-eighth
the size of the numerals of the price and shall appear in letters at
least one-quarter of an inch in height and in block type. R.R.O.
1980, Reg. 335, s. 13.
14.— (1) Any advertisement pertaining to undrawn dressed poul-
try or eviscerated poultry shall state the kind of the poultry, whether
the poultry is undrawn dressed poultry or eviscerated poultry and
whether the poultry has been frozen and subsequently thawed, and
in the case of turkeys, ducks or geese, shall state whether they are
young or mature.
(2) All matters required to be stated in an advertisment under
subsection (1) shall be in letters of a size and prominence at least
equal to those of the grade name. R.R.O. 1980, Reg. 335, s. 14.
15. All grade markings on undrawn dressed poultry or eviscer-
ated poultry displayed for sale shall be clearly visible and not
obscured by other markings or materials. R.R.O. 1980, Reg. 335,
s. 15.
16. All undrawn dressed poultry and eviscerated poultry on the
premises of a vendor shall be deemed to be for sale whether or not
the vendor is the owner of the poultry. R.R.O. 1980, Reg. 335,
s. 16.
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Detention
17.— (1) An inspector who has placed under detention any
undrawn dressed poultry or eviscerated poultry shall,
(a) attach to at least one package of the lot a numbered tag,
hereinafter referred to as a "detention tag", upon which
shall be clearly written,
(i) the words "Under Detention— Ministry of Agricul-
ture and Food —Province of Ontario",
(ii) the number assigned by the inspector,
(iii) a brief description of the lot being detained,
(iv) the reason for detention,
(v) the date, and
(vi) the inspector's signature; and
(b) mark one end of each package in the lot with a mark con-
sisting of the letters "DET" and the number of the deten-
tion tag inside a design of a circle.
(2) Where the poultry detained is not in packages, an inspector
may require the owner to place such poultry in packages and the
packages shall be marked in accordance with subsection (1).
R.R.O. 1980, Reg. 335, s. 17.
18. As soon as possible after attaching the detention tag and
marking the packages, the inspector shall deliver or mail to the
owner of the poultry or to the owner's agent, a duly completed notice
of detention in Form 1 and, where the poultry is on premises other
than that of the owner, the inspector shall also deliver or mail a copy
of the notice of detention to the person on whose premises the poul-
try is found. R.R.O. 1980, Reg. 335, s. 18.
19. Except as authorized by an inspector, no person shall alter or
remove a detention tag or alter any marks made on any package by
an inspector. R.R.O. 1980, Reg. 335, s. 19.
20. Except with the written permission of an inspector, no person
shall remove, sell or otherwise dispose of any poultry contained in a
package on which a detention tag has been placed or in a package
marked by an inspector under section 17. R.R.O. 1980, Reg. 335,
s. 20.
21.— (1) An inspector who is satisfied that any poultry held under
detention complies with this Regulation may release the poultry by
completing a notice of release in Form 2.
(2) As soon as possible after completing the notice of release, the
inspector shall deliver or mail one copy of the notice of release to the
owner of the poultry and one copy to the person on whose premises
the poultry is located. R.R.O. 1980, Reg. 335, s. 21.
22.— (1) The grades for undrawn dressed poultry and eviscerated
poultry are established as set out in Tables 1 to 6. R.R.O. 1980,
Reg. 335, s. 22 (l),part.
(2) The standards for the grades established in Tables 1, 2, 3, 4, 5
and 6 are set out in Schedules 1, 2, 3, 4, 5 and 6, respectively.
R.R.O. 1980, Reg. 335, s. 22 (2).
TABLE 1
1. Canada Grade Special Chicken.
2. Canada Grade A Chicken.
3. Canada Grade B Chicken.
4. Canada Grade Utility Chicken.
5. Canada Grade C Chicken.
6. Canada Grade D Chicken. R.R.O. 1980, Reg. 335,
s. 22(1), part.
TABLE 2
1 . Canada Grade Special Capon Chicken.
2. Canada Grade A Capon Chicken.
3. Canada Grade B Capon Chicken.
4. Canada Grade Utility Capon Chicken.
5. Canada Grade C Capon Chicken.
Canada Grade D Capon Chicken. R.R.O. 1980, Reg.
335, s. 22(1), part.
TABLE 3
1. Canada Grade Special Fowl.
2. Canada Grade A Fowl.
3. Canada Grade B FowL
4. Canada Grade Utility Fowl.
5. Canada Grade C Fowl.
6. Canada Grade D Fowl. R.R.O. 1980, Reg. 335, s. 22 (1),
part.
TABLE 4
1. Canada Grade Special Turkey.
2. Canada Grade A Turkey.
3. Canada Grade B Turkey.
4. Canada Grade Utility Turkey.
5. Canada Grade C Turkey.
6. Canada Grade D Turkey. R.R.O. 1980, Reg. 335,
s. 22 (l),part.
TABLE 5
1. Canada Grade Special Duck.
2. Canada Grade A Duck.
3. Canada Grade B Duck.
4. Canada Grade Utility Duck.
5. Canada Grade C Duck.
6. Canada Grade D Duck. R.R.O. 1980, Reg. 335,
s. 22 (l),part.
TABLE 6
1. Canada Grade Special Goose.
2. Canada Grade A Goose.
3. Canada Grade B Goose.
4. Canada Grade Utility Goose.
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FARM PRODUCTS GRADES AND SALES
Reg./Règl. 381
5. Canada Grade C Goose.
6. Canada Grade D Goose. R.R.O. 1980, Reg. 335,
s. 22 (l),pan.
Schedule 1
CHICKEN
The standards for the grades established in Table 1 are as follows:
1. Canada Grade Special Chicken, consisting of undrawn
dressed chickens and eviscerated chickens that,
i. are whole, except for the usual cutting for proper
evisceration, in the case of eviscerated chickens,
ii. are of normal physical conformation with no deform-
ities,
iii. are plump, full breasted on both sides of the keel
bone at the anterior end, with a slight tapering of
flesh toward the posterior end and with the keel
bone at the anterior end not projecting more than
one-sixteenth of an inch beyond the flesh,
iv. have a thick deposit of fat at the base of the neck
extending in a heavy roll into the "V" of the wish-
bone and fat showing generally over the breast,
thighs and back,
v. do not have more than four pin-feathers on the
breast and not more than eight pin-feathers else-
where on the carcass,
vi. have no prominent discolouration,
vii. have no more than one skin tear on the breast and
the tear does not exceed one-quarter inch in length,
viii. do not have more than two skin tears on the carcass
elsewhere than on the breast and in the case of
undrawn dressed chickens weighing three and one-
half pounds or less or eviscerated chicken weighing
three pounds, no tear exceeds one-quarter inch in
length and in the case of undrawn dressed chicken
weighing more than three and one-half pounds or
eviscerated chicken weighing more than three
pounds, no tear exceeds one-half of an inch in
length,
be. do not have any freezer burn other than freezer burn
consisting of slight surface desiccation,
X. do not have a dried out appearance,
xi. do not have any cysts, and
xii. do not have any broken bones.
2. Canada Grade A Chicken, consisting of undrawn dressed
chickens and eviscerated chickens that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated chicken,
ii. are of normal physical conformation with no deform-
ities except that the keel bone may be slightly
crooked so long as it does not interfere with the nor-
mal arrangement and placement of meat,
iii. are moderately plump breasted on both sides of the
keel bone at the anterior end, with a moderate taper-
ing of flesh towards the posterior end and with the
3.
keel bone at the anterior end not projecting more
than one-eighth of an inch beyond the flesh,
Iv. have a definite deposit of fat at the base of the neck
with fat continuing up the side of and into the "V" of
the wishbone and have evidence of fat over the
breast and thighs,
V. do not have more than five pin-feathers on the breast
and not more than ten pin-feathers elsewhere on the
carcass,
vi. do not have more than four prominent discoloured
spots on the breast and the total area of the spots
does not exceed one-quarter square inch,
vii. may have a discolouration from poor bleeding on the
area of the neck extending from the head to a point
mid-way between the head and the base of the neck,
a feather tract discolouration of an amber or reddish
tinge on the back, and up to six other prominent dis-
coloured spots on the carcass elsewhere than on the
breast if the total area of the other spots does not
exceed one square inch,
viii. do not have on the breast more than one skin tear
and the tear does not exceed one-quarter of an inch
in length,
ix. have no more than two skin tears on the carcass else-
where than on the breast and no tear exceeds one-
half of an inch in length,
X. do not have any freezer burn other than freezer bum
consisting of surface desiccation and the total area of
the surface desiccation does not exceed two and one-
quarter square inches,
xi. do not have a dried out appearance,
xii. do not have any cysts, and
xiii. do not have any broken bones.
Canada Grade B Chicken, consisting of undrawn dressed
chicken and eviscerated chicken that do not meet the
requirements for Canada Grade Special Chicken or Canada
Grade A Chicken but that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated chicken,
ii. are of normal physical conformation with no deform-
ities except that the keel bone may be slightly
crooked,
iii. have sufficient fullness of flesh on both sides of the
keel bone to prevent a sharp falling away of flesh
from the anterior end to the posterior end and with
the keel bone not projecting more than one-eighth of
an inch beyond the flesh,
iv. have sufficient fat to prevent a dark red appearance,
V. do not have more than eight pin-feathers on the
breast and not more than sbcteen pin-feathers else-
where on the carcass,
vi. do not have more than sue prominent discoloured
spots on the breast and the total area of the spots
does not exceed one square inch,
vii. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back and up to sue other promi-
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CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 381
nent discoloured spots on the carcass elsewhere than
on the breast if the total area of the other spots does
not exceed one and one-quarter square inches,
viii. have no more than two skin tears on the breast and
no tear exceeds one-half of an inch in length,
ix. have no more than three skin tears on the carcass
elsewhere than on the breast and no tear exceeds
one-half of an inch in length,
x. may have freezer bum consisting of deep pitted des-
iccation if the total area of deep pitted desiccation
does not exceed two and one-quarter square inches,
xi. do not have more than one cyst and the cyst is small,
loose and not discoloured, and
xii. do not have any broken bones.
4. Canada Grade Utility Chicken, consisting of undrawn
dressed chicken and eviscerated chicken that do not meet
the requirements for Canada Grade Special Chicken,
Canada Grade A Chicken or Canada Grade B Chicken but
that,
I. may have, in the case of eviscerated chicken, the
usual cutting for evisceration,
ii. subject to subparagraph iii, have flesh that Is sub-
stantially intact except that a small portion of the
flesh may be cut away if no appreciable loss in meat
yield is occasioned thereby,
iii. may have had the wings removed in whole or in part,
one leg including the thigh may have been removed
completely, if the other leg is intact, or the drumstick
of each leg may have been removed, and the tail may
have been removed at the base, so long as the limbs
have been severed only at a joint,
iv. have areas of skin missing if the areas do not exceed
in aggregate the area of one-half of the breast,
V. subject to subparagraphs i, ii, iii and iv, are whole,
vi. have sufficient fullness of flesh on both sides of the
keel bone to prevent a sharp falling away of flesh
from the anterior to the posterior end and with the
keel bone not projecting more than one-eighth of an
inch beyond the flesh,
vii. have sufficient fat to prevent a dark red appearance,
viii. do not have more than eight pin-feathers on the
breast and not more than sixteen pin-feathers else-
where on the carcass,
ix. do not have more than six prominent discoloured
spots on the breast and the total area of the spots
does not exceed one square inch,
X. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back, and up to six other promi-
nent discoloured spots on the carcass elsewhere than
on the breast if the total area of the other spots does
not exceed one and one-quarter square inches,
xi. do not have more than one cyst and the cyst is small,
loose and not discoloured,
xii. may have freezer bum consisting of deep pitted des-
iccation if the total area of deep pitted desiccation
does not exceed two and one-quarter square inches,
and
xiii. may have dislocated or broken wing or leg bones, so
long as no other bone is dislocated or broken.
5. Canada Grade C Chicken, consisting of undrawn dressed
chickens and eviscerated chickens that do not meet the
requirements for Canada Grade Special Chicken, Canada
Grade A Chicken, Canada Grade B Chicken or Canada
Grade Utility Chicken but that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated chicken,
ii. have sufficient fullness of flesh on both sides of the
keel bone to prevent an extremely sharp falling away
of flesh from the anterior to the posterior end and
with the keel bone not projecting more than three-
sixteenths of an inch beyond the flesh,
iii. may have pin-feathers or discolouration caused by
pin-feathers,
iv. subject to subparagraph iii, do not have discoloura-
tion on the breast in excess of an area of two and
one-quarter square inches,
V. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back and subject to subpara-
graph iii, other discoloured spots on the carcass else-
where than on the breast if the total area of the other
spots does not exceed two and one-quarter square
inches, and
vi. do not have any discoloured cysts.
6. Canada Grade D Chicken, consisting of undrawn dressed
chickens and eviscerated chickens that do not meet the
requirements for Canada Grade Special Chicken, Canada
Grade A Chicken, Canada Grade B Chicken, Canada
Grade Utility Chicken or Canada Grade C Chicken but
that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated chicken,
ii. have some flesh on both sides of the keel bone,
iii. may have pin-feathers or discolouration caused by
pin-feathers, and
iv. subject to subparagraph iii, do not have severe disco-
louration from any cause. R.R.O. 1980, Reg. 335,
Sched. 1.
Schedule 2
CHICKEN CAPON
The standards for the grades established in Table 2 are as follows:
1. Canada Grade Special Chicken Capon, consisting of
undrawn dressed chicken capons and eviscerated chicken
capons that,
i. have the breast, thighs and back well covered with
fat, and
ii. in all other respects meet the standards for Canada
Grade Special Chicken as prescribed in paragraph 1
of Schedule 1.
2. Canada Grade A Chicken Capon, consisting of undrawn
781
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Reg./Règl. 381
dressed chicken capons and eviscerated chicken capons
that,
i. have the breast, thighs and back reasonably well cov-
ered with fat, and
ii. in all other respects meet the standards for Canada
Grade A Chicken as prescribed in paragraph 2 of
Schedule 1.
3. Canada Grade B Chicken Capon, consisting of undrawn
dressed chicken capons and eviscerated chicken capons that
do not meet the requirements for Canada Grade Special
Chicken Capon or Canada Grade A Chicken Capon but
meet the standards for Canada Grade B Chicken as pre-
scribed in paragraph 3 of Schedule 1.
4. Canada Grade Utility Chicken Capon, consisting of
undrawn dressed chicken capons and eviscerated chicken
capons that do not meet the requirements for Canada
Grade Special Chicken Capon, Canada Grade A Chicken
Capon or Canada Grade B Chicken Capon but meet the
standards for Canada Grade Utility Chicken as prescribed
in paragraph 4 of Schedule 1 .
5. Canada Grade C Chicken Capon, consisting of undrawn
dressed chicken capons and eviscerated chicken capons that
do not meet the requirements for Canada Grade Special
Chicken Capon, Canada Grade A Chicken Capon, Canada
Grade B Chicken Capon or Canada Grade Utility Chicken
Capon but meet the standards for Canada Grade C Chicken
as prescribed in paragraph 5 of Schedule 1.
6. Canada Grade D Chicken Capon, consisting of undrawn
dressed chicken capons and eviscerated chicken capons that
do not meet the requirements for Canada Grade Special
Chicken Capon, Canada Grade A Chicken Capon, Canada
Grade B Chicken Capon, Canada Grade Utility Chicken
Capon or Canada Grade C Chicken Capon but meet the
standards for Canada Grade D Chicken as prescribed in
paragraph 6 of Schedule 1. R.R.O. 1980, Reg. 335,
Sched. 2.
Schedule 3
The standards for the grades established in Table 3 are as follows:
1. Canada Grade Special Fowl, consisting of undrawn dressed
fowl and eviscerated fowl that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated fowl,
ii. are of normal physical conformation with no deform-
ities,
iii. are plump, full breasted on both sides of the keel
bone at the anterior end, with a slight tapering of
flesh toward the posterior end and the keel bone at
the anterior end not projecting more than one-
sixteenth of an inch beyond the flesh,
iv. have the breast, thighs and back well covered with
fat,
v. do not have more than four pin-feathers on the
breast and not more than eight pin-feathers else-
where on the carcass,
vi. have no prominent discolouration,
vii. have no more than one skin tear on the breast and
the tear does not exceed one-quarter of an inch in
length,
viii. have no more than two skin tears on the carcass else-
where than on the breast and no tear exceeds one-
half of an inch in length,
be. do not have any freezer burn other than freezer burn
consisting of slight surface desiccation,
X. do not have a dried out appearance,
xi. do not have any cysts, and
xii. do not have any broken bones.
2. Canada Grade A Fowl, consisting of undrawn dressed fowl
and eviscerated fowl that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated fowl,
ii. are of normal physical conformation with no deform-
ities except that the keel bone may be slightly
crooked so long as it does not interfere with the nor-
mal arrangement and placement of meat,
iii. are moderately plump breasted on both sides of the
keel bone at the anterior end, with a moderate taper-
ing of flesh towards the posterior end and with the
keel bone at the anterior end not projecting more
than one-eighth of an inch beyond the flesh,
iv. have the breast, thighs and back reasonably well cov-
ered with fat,
V. do not have more than five pin-feathers on the breast
and not more than ten pin-feathers elsewhere on the
carcass,
vi. do not have more than four prominent discoloured
spots on the breast and the total area of the spots
does not exceed one-quarter square inch,
vii. may have a discolouration from poor bleeding on the
area of the neck extending from the head to a point
mid-way between the head and the base of the neck,
a feather tract discolouration of an amber or reddish
tinge on the back, and up to six other prominent dis-
coloured spots on the carcass elsewhere than on the
breast if the total area of the other spots does not
exceed one square inch,
viii. do not have on the breast more than one skin tear
and the skin tear does not exceed one-quarter of an
inch in length,
ix. have no more than three skin tears on the carcass
elsewhere than on the breast and no tear exceeds
one-half of an inch in length,
X. do not have any freezer burn other than freezer burn
consisting of surface desiccation and the total area of
the surface desiccation does not exceed two and one-
quarter square inches,
xi. do not have a dried out appearance,
xii. do not have any cysts, and
xiii. do not have any broken bones.
3. Canada Grade B Fowl, consisting of undrawn dressed fowl
and eviscerated fowl that do not meet the requirements for
782
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CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 381
4.
Canada Grade Special Fowl or Canada Grade A Fowl, but
that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated fowl,
ii. are of normal physical conformation with no deform-
ities except that the keel bone may be slightly
crooked,
iii. have sufficient fullness of flesh on both sides of the
keel bone to prevent a sharp falling away of flesh
from the anterior to the posterior end and with the
keel bone not projecting more than one-eighth of an
inch beyond the flesh,
iv. have sufficient fat to prevent a dark red appearance,
V. do not have more than eight pin-feathers on the
breast and not more than sixteen pin-feathers else-
where on the carcass,
vi. do not have more than six prominent discoloured
spots on the breast and the total area of the spots
does not exceed one square inch,
vii. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back, and up to six other promi-
nent discoloured spots on the carcass elsewhere than
on the breast if the total area of the other spots does
not exceed one and one-quarter square inches,
viii. have no more than two skin tears on the breast and
no tear exceeds one-half of an inch in length,
ix. have no more than three skin tears on the carcass
elsewhere than on the breast and no tear exceeds
one-half of an inch in length,
X. may have freezer bum consisting of deep pitted des-
iccation if the total area of deep pitted desiccation
does not exceed two and one-quarter square inches,
xi. do not have more than one cyst and the cyst is small,
loose and not discoloured, and
xii. do not have any broken bones.
Canada Grade Utility Fowl, consisting of undrawn dressed
fowl and eviscerated fowl that do not meet the require-
ments for Canada Grade Special Fowl, Canada Grade A
Fowl or Canada Grade B Fowl, but that,
i. may have, in the case of eviscerated fowl, the usual
cutting for evisceration,
ii. subject to subparagraph iii, have flesh that is sub-
stantially intact except that a small portion of the
flesh may be cut away if no appreciable loss in meat
yield is occasioned thereby,
iii. may have had the wings removed in whole or in part,
one leg, including the thigh, may have been removed
completely if the other leg is intact, or the drumstick
of each leg may have been removed, and the tail may
have been removed at the base, so long as the limbs
have been severed only at a joint,
iv. have areas of skin missing if the areas do not exceed
in aggregate the area of one-half of the breast,
v. subject to subparagraphs i, ii, iii and iv, are whole,
vi. have sufficient fullness of flesh on both sides of the
5.
keel bone to prevent a sharp falling away of flesh
from the anterior to the posterior end and with the
keel bone not projecting more than one-eighth of an
inch beyond the flesh,
vii. have sufficient fat to prevent a dark red appearance,
viii. do not have more than eight pin-feathers on the
breast and not more than sixteen pin-feathers else-
where on the carcass,
ix. do not have more than six prominent discoloured
spots on the breast and the total area of the spots
does not exceed one square inch,
X. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back, and up to six other promi-
nent discoloured spots on the carcass elsewhere than
on the breast if the total area of the other spots does
not exceed one and one-quarter square inches,
xi. do not have more than one cyst and the cyst is small,
loose and not discoloured,
xii. may have freezer burn consisting of deep pitted des-
iccation if the total area of deep pitted desiccation
does not exceed two and one-quarter square inches,
and
xiii. may have dislocated or broken wing or leg bones, so
long as no other bone is dislocated or broken.
Canada Grade C Fowl, consisting of undrawn dressed fowl
and eviscerated fowl that do not meet the requirements for
Canada Grade Special Fowl, Canada Grade A Fowl,
Canada Grade B Fowl or Canada Grade Utility Fowl but
that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated fowl,
ii. have sufficient fullness of flesh on both sides of the
keel bone to prevent an extremely sharp falling away
of flesh from the anterior to the posterior end and
the keel bone projecting more than three-sixteenths
of an inch beyond the flesh.
ni.
6.
may have pin-feathers or discolouration caused by
pin-feathers,
subject to subparagraph iii, do not have discoloura-
tion on the breast in excess of an area of two and
one-quarter square inches,
may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back and subject to subpara-
graph iii, other discoloured spots on the carcass else-
where than on the breast if the total area of the other
spots does not exceed two and one-quarter square
inches, and
vi. do not have any discoloured cysts.
Canada Grade D Fowl, consisting of undrawn dressed fowl
and eviscerated fowl that do not meet the requirements for
Canada Grade Special Fowl, Canada Grade A Fowl,
Canada Grade B Fowl, Canada Grade Utility Fowl or
Canada Grade C Fowl but that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated fowl,
ii. have some flesh on both sides of the keel bone,
783
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FARM PRODUCTS GRADES AND SALES
Reg./Règl. 381
iii. may have pin-feathers or discolouration caused by
pin-feathers, and
iv. subject to subparagraph iii, do not have severe disco-
louration from any cause. R.R.O. 1980, Reg. 335,
Sched. 3.
Schedule 4
TURKEYS
The standards for the grades established in Table 4 are as follows:
1. Canada Grade Special Turkey, consisting of undrawn
dressed turkeys and eviscerated turkeys that,
i. are whole except that the wing tips may have been
removed, and in the case of eviscerated turkeys, are
whole except for the usual cutting for proper eviscer-
ation,
ii. are of normal physical conformation with no deform-
ities,
iii. are plump, full breasted on both sides of the keel
bone at the anterior end, with a slight tapering of
flesh toward the posterior end and with the keel
bone at the anterior end not projecting more than
one-sixteenth of an inch beyond the flesh,
iv. in the case of undrawn dressed turkey weighing nine
pounds or less or eviscerated turkey weighing eight
pounds or less, have the breast, thighs and back rea-
sonably well covered with fat and in the case of
undrawn dressed turkey weighing more than eight
pounds, have the breast, thighs and back well cov-
ered with fat,
v. do not have more than four pin-feathers on the
breast and not more than eight pin-feathers else-
where on the carcass,
vi. have no prominent discolouration,
vii. have no more than one skin tear on the breast and
the tear does not exceed one-quarter of an inch in
length,
viii. have no more than two skin tears on the carcass else-
where than on the breast and in the case of undrawn
dressed turkey weighing nine pounds or less or evis-
cerated turkey weighing eight pounds or less no tear
exceeds one-half of an inch in length and in the case
of undrawn dressed turkey weighing more than nine
pounds or eviscerated turkey weighing more than
eight pounds no tear exceeds three-quarters of an
inch in length,
ix. have the fore part of the breast free of flabbiness,
X. do not have any freezer burn other than freezer bum
consisting of slight surface desiccation,
xi. do not have a dried out appearance,
xii. do not have any cysts, and
xiii. do not have any broken bones.
2. Canada Grade A Turkey, consisting of undrawn dressed
turkeys and eviscerated turkeys that,
i. are whole except that the wing tips may be removed,
and in the case of eviscerated turkeys, are whole
except for the usual cutting for proper evisceration.
ii. are of normal physical conformation with no deform-
ities except that the keel bone may be slightly
crooked so long as it does not interfere with the nor-
mal arrangement and placement of meat,
iii. are moderately plump breasted on both sides of the
keel bone at the anterior end, with a moderate taper-
ing of flesh towards the posterior end and with the
keel bone at the anterior end not projecting more
than one-eighth of an inch beyond the flesh,
iv. have a disposition and quantity of fat such that,
A. in the case of undrawn dressed turkey weigh-
ing eleven pounds or less or eviscerated tur-
key weighing ten pounds or less, there is a
moderate covering of fat over the breast,
thighs and back,
B. in the case of undrawn dressed turkey weigh-
ing more than eleven pounds but less than
eighteen pounds or eviscerated turkey weigh-
ing more than ten pounds but less than sbc-
teen pounds, the breast and thighs are reason-
ably well covered with fat and there is a
moderate covering of fat over the back, and
C. in the case of undrawn dressed turkey weigh-
ing eighteen pounds or more or eviscerated
turkey weighing sixteen pounds or more,
there is evidence of fat deposits in the main
feather tract on each side of the breast as indi-
cated by a pronounced thickening at the cen-
tre of each of those areas, there is sufficient
fat beneath the skin in other areas of the
breast to prevent the appearance of the flesh,
and, in the feather tract area of the back
extending from the base of the tail to a point
between the hip bones, there is a sufficient
deposit of fat to produce a smooth appear-
ance of the feather follicles,
V. do not have more than five pin feathers on the breast
and not more than ten pin-feathers elsewhere on the
carcass,
vi. may have discolouration on the keel bone if light
amber in colour, discolouration on the keel bone of a
scaly nature that does not exceed two inches in
length and up to four other prominent discoloured
spots on the breast if the total area of the other spots
does not exceed one-quarter square inch,
vii. may have discolouration from poor bleeding on the
area of the neck extending from the head to a point
mid-way between the head and the base of the neck,
a feather tract discolouration of an amber or reddish
tinge on the back, and up to six other prominent dis-
coloured spots on the carcass elsewhere than on the
breast if the total area of the other spots does exceed
one square inch,
viii. do not have on the breast more than one skin tear
and the tear does not exceed one-quarter of an inch
in length,
ix. have no more than two skin tears on the carcass else-
where than on the breast and in the case of undrawn
dressed turkey weighing nine pounds or less or evis-
cerated turkey weighing eight pounds or less, no tear
exceeds one-half of an inch in length and in the case
of undrawn dressed turkey weighing more than nine
pounds or eviscerated turkey weighing more than
eight pounds, no tear exceeds three-quarters of an
inch in length.
784
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CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 381
X. do not have more than a slight flabbiness on the fore
part of the breast,
xi. do not have any freezer bum other than freezer bum
consisting of surface desiccation and the total area of
the surface desiccation does not exceed two and one-
quarter square inches,
xii. do not have a dried out appearance,
xiii. do not have any cysts, and
xiv. do not have any broken bones.
3. Canada Grade B Turkey, consisting of undrawn dressed
turkeys and eviscerated turkeys that do not meet the
requirements for Canada Grade Special Turkey or Canada
Grade A Turkey but that,
i. are whole except that the wing tips may have been
removed and, in the case of eviscerated turkey, are
whole except for the usual cutting for proper eviscer-
ation,
ii. of normal physical conformation with no deformities
except that it may have a slightly crooked keel,
iii. have sufficient fullness of flesh on both sides of the
keel bone to prevent a sharp falling away of flesh
from the anterior to the posterior end and with the
keel bone not projecting more than one-eighth of an
inch beyond the flesh,
iv. have sufficient fat to prevent a dark red appearance,
V. do not have more than eight pin-feathers on the
breast and not more than sixteen pin-feathers else-
where on the carcass,
vi. may have discolouration on the keel bone if the dis-
colouration is light amber in colour, and discoloura-
tion on the keel bone of a scaly nature, which may
extend the entire length of the keel bone, and up to
six other prominent discoloured spots on the breast
if the total area of the other spots does not exceed
one square inch,
vii. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back, dark pigment discoloura-
tion if confmed to an area not exceeding two inches
forward from the base of the tail, and up to six other
prominent discoloured spots on the carcass else-
where than on the breast if the total area of the other
spots does not exceed one and one-quarter square
inches,
viii. have no more than two skin tears on the breast and
no tear exceeds one-half of an inch in length,
ix. have no more than three skin tears on the carcass
elsewhere than on the breast and in the case of
undrawn dressed turkey weighing nine pounds or
less or eviscerated turkey weighing eight pounds or
less no tear exceeds one-half of an inch in length and
in the case of undrawn dressed turkey weighing more
than nine pounds, or eviscerated turkey weighing
more than eight pounds, no tear exceeds one inch in
length,
X. may have freezer burn consisting of deep pitted des-
iccation if the total area of deep pitted desiccation
does not exceed four square inches.
xi. do not have more than one cyst and the cyst is small,
loose and not discoloured, and
xii. do not have any broken bones.
4. Canada Grade Utility Turkey, consisting of undrawn
dressed turkeys and eviscerated turkeys that do not meet
the requirements for Canada Grade Special Turkey,
Canada Grade A Turkey or Canada Grade B Turkey but
that,
i. may have, in the case of eviscerated turkey, the
usual cutting for evisceration,
ii. subject to subparagraph iii, have flesh that is sub-
stantially intact except that a small portion of the
flesh may be cut away if no appreciable loss in meat
yield is occasioned thereby,
iii. may have had the wings removed in whole or in part,
one leg, including the thigh, may have been removed
completely if the other leg is intact, or the drumstick
of each leg may have been removed, and the tail may
have been removed at the base so long as the limbs
have been severed only at a joint,
iv. have areas of skin missing if the areas do not exceed
in aggregate the area of one-half of the breast,
V. subject to subparagraphs i, ii, iii and iv, are whole,
vi. have sufficient fullness of flesh on both sides of the
keel bone to prevent a sharp falling away of flesh
from the anterior to the posterior end and with the
keel bone not projecting more than one-eighth of an
inch beyond the flesh,
vii. have sufficient fat to prevent a dark red appearance,
viii. do not have more than eight pin-feathers on the
breast and not more than sixteen pin-feathers else-
where on the carcass,
ix. may have discolouration on the keel bone if the dis-
colouration is light amber in colour, and discoloura-
tion on the keel bone of a scaly nature, which may
extend the entire length of the keel bone, and up to
six other prominent discoloured spots on the breast
if the total area of the other spots does not exceed
one square inch,
X. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back, dark pigment discoloura-
tion if confined to an area not exceeding two inches
forward from the base of the tail, and up to six other
prominent discoloured spots on the carcass else-
where than on the breast if the total area of the other
spots does not exceed one and one-quarter square
inches,
xi. do not have more than one cyst and the cyst is small,
loose and not discoloured,
xii. may have freezer burn consisting of deep pitted des-
iccation if the total area of deep pitted desiccation
does not exceed four square inches, and
xiii. may have dislocated or broken wing or leg bones, so
long as no other bone is dislocated or broken.
5. Canada Grade C Turkey, consisting of undrawn dressed
turkeys and eviscerated turkeys that do not meet the
requirements for Canada Grade Special Turkey, Canada
TK
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FARM PRODUCTS GRADES AND SALES
Reg./Règl. 381
Grade A Turkey, Canada Grade B Turkey or Canada
Grade Utility Turkey but that,
i. are whole except that the wing tips may have been
removed, and in the case of eviscerated turkey, are
whole except for the usual cutting for proper eviscer-
ation,
ii. have sufficient fullness of flesh on both sides of the
keel bone to prevent an extremely sharp falling away
of flesh from the anterior to the posterior end and
with the keel bone not projecting more than three-
sixteenths of an inch beyond the flesh,
iii. may have pin-feathers or discolouration caused by
pin-feathers,
iv. may have discolouration on the keel bone if the dis-
colouration is light amber in colour, and discoloura-
tion on the keel bone of a scaly nature, which may
extend the entire length of the keel bone, and sub-
ject to subparagraph iii, other discoloured spots on
the breast if the total area of the other spots does not
exceed two and one-quarter square inches,
v. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back, dark pigment discoloura-
tion if confined to an area not exceeding eight inches
in length forward from the base of the tail and, sub-
ject to subparagraph iii, other discoloured spots on
the carcass elsewhere than on the breast if the total
area of the other spots does not exceed two and one-
quarter square inches, and
vi. do not have any discoloured cysts.
6. Canada Grade D Turkey, consisting of undrawn dressed
turkeys and eviscerated turkeys that do not meet the
requirements for Canada Grade Special Turkey, Canada
Grade A Turkey, Canada Grade B Turkey, Canada Grade
Utility Turkey or Canada Grade C Turkey but that,
i. are whole except that the wing tips may have been
removed and, in the case of eviscerated turkey, are
whole except for the usual cutting for proper eviscer-
ation,
ii. have some flesh on both sides of the keel bone,
iii. may have pin-feathers, discolouration caused by pin-
feathers, dark pigmentation or freezer burn, and
iv. subject to subparagraph iii, do not have severe disco-
louration from any cause. R.R.O. 1980, Reg. 335,
Sched. 4.
Schedule S
DUCKS
The standards for the grades established in Table 5 are as follows:
1. Canada Grade Special Duck, consisting of undrawn dressed
ducks and eviscerated ducks that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated duck,
ii. are of normal physical conformation with no deform-
ities,
iii. are plump, full breasted on both sides of the keel
bone at the anterior end, with a slight tapering of
flesh toward the posterior end and with the keel
bone at the anterior end not projecting more than
one-sixteenth of an inch beyond the flesh,
iv. have the breast, thighs and back well covered with
fat.
V. do not have more than four pin-feathers on the
breast and not more than eight pin-feathers else-
where on the carcass,
vi. have no prominent discolouration,
vii. have no more than one skin tear on the breast and
the tear does not exceed one-quarter of an inch in
length,
viii. have no more than two skin tears on the carcass else-
where than on the breast and no tear exceeds one-
half of an inch in length,
ix. do not have any freezer burn other than freezer bum
consisting of slight surface desiccation,
X. do not have a dried out appearance,
xi. do not have any cysts, and
xii. do not have any broken bones.
2. Canada Grade A Duck, consisting of undrawn dressed
ducks and eviscerated ducks that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated duck,
ii. are of normal physical conformation with no deform-
ities except that the keel bone may be slightly
crooked so long as it does not interfere with the nor-
mal arrangement and placement of meat,
iii. are moderately plump breasted on both sides of the
keel bone at the anterior end, with a moderate taper-
ing of flesh towards the posterior end and with the
keel bone at the anterior end not projecting more
than one-eighth of an inch beyond the flesh,
iv. have the breast, thighs and back reasonably well cov-
ered with fat,
V. do not have more than five pin-feathers on the breast
and not more than ten pin-feathers elsewhere on the
carcass,
vi. do not have more than four prominent discoloured
spots on the breast and the total area of the spots
does not exceed one-quarter square inch,
vii. may have discolouration from pwor bleeding on the
area of the neck extending from the head to a point
mid-way between the head and the base of the neck,
a feather tract discolouration of an amber tinge on
the back, and up to six other prominent discoloured
spots on the carcass elsewhere than on the breast if
the total area of the other spots does not exceed one
square inch,
viii. do not have on the breast more than one skin tear
and the skin tear does not exceed one-quarter of an
inch in length,
ix. have no more than two skin tears on the carcass else-
where than on the breast and no tear exceeds one-
half of an inch in length,
X. do not have any freezer bum other than freezer bum
786
Reg./Règl. 381
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 381
consisting of surface desiccation and the total area of
the surface desiccation does not exceed two and one-
quarter square inches,
xi. do not have a dried out appearance,
xii. do not have any cysts, and
xiii. do not have any broken bones.
Canada Grade B Duck, consisting of undrawn dressed
ducks and eviscerated ducks that do not meet the require-
ments for Canada Grade Special Duck or Canada Grade A
Duck but that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated duck,
ii. are of normal physical conformation with no deform-
ities except that the keel bone may be slightly
crooked,
iii. have sufficient fullness of flesh on both sides of the
keel bone to prevent a sharp falling away of flesh
from the anterior to the posterior end and with the
keel bone not projecting more than one-eighth of an
inch beyond the flesh,
iv. have sufficient fat to prevent a dark red appearance,
v. do not have more than eight pin-feathers on the
breast and not more than sixteen pin-feathers else-
where on the carcass,
vi. do not have more than six prominent discoloured
spots on the breast and the total area of the spots
does not exceed one square inch,
vii. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back, and up to six other promi-
nent discoloured spots on the carcass elsewhere than
on the breast if the total area of the other spots does
not exceed one and one-quarter square inches,
viii. have no more than two skin tears on the breast and
no tear exceeds one-half of an inch in length,
ix. have no more than three skin tears on the carcass
elsewhere than on the breast and no tear exceeds
one-half of an inch in length,
X. may have freezer burn consisting of deep pitted des-
iccation if the total area of deep pitted desiccation
does not exceed two and one-quarter square inches,
xi. do not have more than one cyst and the cyst is small,
loose and not discoloured, and
xii. do not have any broken bones.
Canada Grade Utility Duck, consisting of undrawn dressed
ducks and eviscerated ducks that do not meet the require-
ments for Canada Grade Special Duck, Canada Grade A
Duck or Canada Grade B Duck but that,
i. may have, in the case of eviscerated duck, the usual
cutting for evisceration,
ii. subject to subparagraph iii, have flesh that is sub-
stantially intact except that a small portion of the
flesh may be cut away if no appreciable loss in meat
yield is occasioned thereby,
iii. may have had the wings removed in whole or in part.
5.
one leg, including the thigh, may have been removed
completely if the other leg is intact, or the drumstick
of each leg may have been removed, and the tail may
have been removed at the base, so long as the limbs
have been severed only at a joint,
iv. have areas of skin missing if the areas do not exceed
in aggregate the area of one-half of the breast,
v. subject to subparagraphs i, ii, iii and iv, are whole,
vi. have sufficient fullness of flesh on both sides of the
keel bone to prevent a sharp falling away of flesh
from the anterior to the posterior end and with the
keel bone not projecting more than one-eighth of an
inch beyond the flesh,
vii. have sufficient fat to prevent a dark red appearance,
viii. do not have more than eight pin-feathers on the
breast and not more than sixteen pin-feathers else-
where on the carcass,
ix. do not have more than six prominent discoloured
spots on the breast, and the total area of the spots
does not exceed one square inch,
x. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back, and up to six other promi-
nent discoloured spots on the carcass elsewhere than
on the breast if the total area of the other spots does
not exceed one and one-quarter square inches,
xi. do not have more than one cyst and the cyst is small,
loose and not discoloured,
xii. may have freezer burn consisting of deep pitted des-
iccation if the total area of deep pitted desiccation
does not exceed one and one-quarter square inches,
and
xiii. may have dislocated or broken wing or leg bones, so
long as no other bone is broken or dislocated.
Canada Grade C Duck, consisting of undrawn dressed
ducks and eviscerated ducks that do not meet the require-
ments for Canada Grade Special Duck, Canada Grade A
Duck, Canada Grade B Duck or Canada Grade Utility
Duck but that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated ducks,
ii. have sufficient fullness of flesh on both sides of the
keel bone to prevent an extremely sharp falling away
of flesh from the anterior to the posterior end and
with the keel bone not projecting more than three-
sixteenths of an inch beyond the flesh,
iii. may have pin-feathers or discolouration caused by
pin-feathers,
iv. subject to subparagraph iii, do not have discoloura-
tion on the breast in excess of an area of two and
one-quarter square inches,
V. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back and, subject to subpara-
graph iii, other discoloured spots on the carcass else-
where than on the breast if the total area of the other
spots does not exceed two and one-quarter square
inches, and
L
m
Reg./Règl. 381
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 381
vi. do not have any discoloured cysts.
6. Canada Grade D Duck, consisting of undrawn dressed
ducks and eviscerated ducks that do not meet the require-
ments for Canada Grade Special Duck, Canada Grade A
Duck, Canada Grade B Duck, Canada Grade Utility Duck
or Canada Grade C Duck but that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated duck,
ii. have some flesh on both sides of the keel bone,
iii. may have pin-feathers or discolouration caused by
pin-feathers, and
iv. subject to subparagraph iii, do not have severe disco-
louration from any cause. R.R.O. 1980, Reg. 335,
Sched. 5.
Schedule 6
The standards for the grades established in Table 6 are as follows:
1. Canada Grade Special Goose, consisting of undrawn
dressed geese and eviscerated geese that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated geese,
ii. are of normal physical conformation with no deform-
ities,
iii. are plump, full breasted on both sides of the keel
bone at the anterior end, with a slight tapering of
flesh toward the posterior end and with the keel
bone at the anterior end not projecting more than
one-sixteenth of an inch beyond the flesh,
iv. have the breast, thighs and back well covered with
fat.
v. do not have more than four pin-feathers on the
breast and not more than eight pin-feathers else-
where on the carcass,
vi. have no prominent discolouration,
vii. have no more than one skin tear on the breast and
the tear does not exceed one-quarter of an inch in
length,
viii. have no more than two skin tears on the carcass else-
where than on the breast and no tear exceeds three-
quarters of an inch in length,
ix. do not have any freezer burn other than freezer burn
consisting of slight surface desiccation,
x. do not have a dried out appearance,
xi. do not have any cysts, and
xii. do not have any broken bones.
2. Canada Grade A Goose, consisting of undrawn dressed
geese and eviscerated geese that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated geese,
ii. are of normal physical conformation with no deform-
ities except that the keel bone may be slightly
crooked so long as it does not interfere with the nor-
mal arrangement and placement of meat,
iii. are moderately plump breasted on both sides of the
keel bone at the anterior end, with a moderate taper-
ing of flesh towards the posterior end and with the
keel bone at the anterior end not projecting more
than one-eighth of an inch beyond the flesh,
iv. have the breast, thighs and back reasonably well cov-
ered with fat,
V. do not have more than five pin-feathers on the breast
and not more than ten pin-feathers elsewhere on the
carcass,
vi. do not have more than four prominent discoloured
spots on the breast and the total area of the spots
does not exceed one-quarter square inch,
vii. may have discolouration from poor bleeding on the
area of the neck extending from the head to a point
mid-way between the head and the base of the neck,
a feather tract discolouration of an amber or reddish
tinge on the back, and up to six other prominent dis-
coloured spots on the carcass elsewhere than on the
breast if the total area of the spots does not exceed
one square inch,
viii. do not have on the breast more than one skin tear
and the skin tear does not exceed one-quarter of an
inch in length,
ix. have no more than two skin tears on the carcass else-
where than on the breast and no tear exceeds one
inch in length,
X. do not have any freezer burn other than freezer burn
consisting of surface desiccation and the total area of
the surface desiccation does not exceed two and one-
quarter square inches,
xi. do not have a dried out appearance,
xii. do not have any cysts, and
xiii. do not have any broken bones.
Canada Grade B Goose, consisting of undrawn dressed
geese and eviscerated geese that do not meet the require-
ments for Canada Grade Special Goose or Canada Grade A
Goose but that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated geese,
ii. are of normal physical conformation with no deform-
ities except that the keel bone may be slightly
crooked,
iii. have sufficient fullness of flesh on both sides of the
keel bone to prevent a sharp falling away of flesh
from the anterior to the posterior end and with the
keel bone not projecting more than one-eighth of an
inch beyond the flesh,
iv. have sufficient fat to prevent a dark red appearance,
V. do not have more than eight pin-feathers on the
breast and not more than sixteen pin-feathers else-
where on the carcass,
vi. do not have more than six prominent discoloured
spots on the breast and the total area of the spots
does not exceed one square inch.
788
Reg./Règl. 381
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 381
vii. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back, and up to six other promi-
nent discoloured spots on the carcass elsewhere than
on the breast if the total area of the other spots does
not exceed one and one-quarter square inches,
viii. have no more than two skin tears on the breast and
no tear exceeds one-half of an inch in length,
ix. have no more than three skin tears on the carcass
elsewhere than on the breast and no tear exceeds
one inch in length,
x. may have freezer bum consisting of deep pitted des-
iccation if the total area of deep pitted desiccation
does not extend two and one-quarter square inches,
xi. do not have more than one cyst and the cyst is small,
loose and not discoloured, and
xii. do not have any broken bones.
4. Canada Grade Utility Goose, consisting of undrawn
dressed geese and eviscerated geese that do not meet the
requirements for Canada Grade Special Goose, Canada
Grade A Goose or Canada Grade B Goose but that,
i. may have, in the case of eviscerated geese, the usual
cutting for evisceration,
ii. subject to subparagraph iii, have flesh that is sub-
stantially intact except that a small portion of the
flesh may be cut away if no appreciable loss in meat
yield is occasioned thereby,
iii. may have had the wings removed in whole or in part,
one leg, including the thigh, may have been removed
completely if the other leg is intact, or the drumstick
of each leg may have been removed, and the tail may
have been removed at the base, so long as the limbs
have been severed only at a joint,
iv. have areas of skin missing if the areas do not exceed
in aggregate the area of one-half of the breast,
v. subject to subparagraphs i, ii, iii and iv, are whole,
vi. have sufficient fullness of flesh on both sides of the
keel bone to prevent a sharp falling away of flesh
from the anterior to the posterior end and with the
keel bone not projecting more than one-eighth of an
inch beyond the flesh,
vii. have sufficient fat to prevent a dark red appearance,
viii. do not have more than eight pin-feathers on the
breast and not more than sixteen pin-feathers else-
where on the carcass,
ix. do not have more than six prominent discoloured
spots on the breast and the total area of the spots
does not exceed one square inch,
x. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back, and up to six other promi-
nent discoloured spots on the carcass elsewhere than
on the breast if the total area of the other spots does
not exceed one and one-quarter square inches,
xi. do not have more than one cyst and the cyst is small,
loose and not discoloured,
xii. may have freezer bum consisting of deep pitted des-
iccation if the total area of deep pitted desiccation
does not exceed two and one-quarter square inches,
and
xiii. may have dislocated or broken wing or leg bones, so
long as no other bones are dislocated or broken.
5. Canada Grade C Goose, consisting of undrawn dressed
geese and eviscerated geese that do not meet the require-
ments for Canada Grade Special Goose, Canada Grade A
Goose, Canada Grade B Goose or Canada Grade Utility
Goose but that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated geese,
ii. have sufficient fullness of flesh on both sides of the
keel bone to prevent an extremely sharp falling away
of flesh from the anterior to the posterior end and
with the keel bone not projecting more than three-
sixteenths of an inch beyond the flesh,
iii. may have pin-feathers or discolouration caused by
pin-feathers,
iv. subject to subparagraph iii, do not have discoloura-
tion on the breast in excess of an area of two and
one-quarter square inches,
v. may have discolouration from poor bleeding on the
neck, feather tract discolouration of an amber or
reddish tinge on the back and, subject to subpara-
graph iii, other discoloured spots on the carcass else-
where than on the breast if the total area of the other
spots does not exceed two and one-quarter square
inches, and
vi. do not have any discoloured cysts.
6. Canada Grade D Goose, consisting of undrawn dressed
geese and eviscerated geese that do not meet the require-
ments for Canada Grade Special Goose, Canada Grade A
Goose, Canada Grade B Goose, Canada Grade Utility
Goose or Canada Grade C Goose but that,
i. are whole except for the usual cutting for proper
evisceration in the case of eviscerated geese,
ii. have some flesh on both sides of the keel bone,
iii. may have pin-feathers or discolouration caused by
pin-feathers, and
iv. subject to subparagraph iii, do not have severe disco-
louration from any cause. R.R.O. 1980, Reg. 335,
Sched. 6.
Form 1
Farm Products Grades and Sales Act
NOTICE OF DETENTION
Place
Date
To
Address
789
Reg./Règl. 381 FARM PRODUCTS GRADES AND SALES Reg./Règl. 382
You are hereby notified that the following poultry described as "conformation" means the general outline of the muscle formation
of a carcass;
"district supervisor" means a District Supervisor of the Livestock
Division of the Department of Agriculture of Canada;
"establishment" means any establishment registered under the Meat
Inspection Act (Canada), the Veal Carcass Grading Regulations
marked under the Canada Agricultural Products Act or the Meat Inspection
Act (Ontario);
said to have originated at
"grader" means a grader assigned to an establishment for the pur-
and to be owned by pose of grading carcasses;
and now situated at "inspector" means an inspector appointed under the Act;
is seized and detained under detention tags numbered "operator" means a person operating an establishment. R.R.O.
1980, Reg. 336, s. 1.
This action has been taken because
2. Carcasses are designated as farm products. R.R.O. 1980,
Reg. 336, s. 2.
You are hereby forbidden to sell or otherwise dispose of the mate- 3_ xhe following grade names for carcasses and grades and stan-
rial so detained without written permission from an inspector. jards therefor, established under the Canada Agricultural Products
Act, are hereby adopted in whole:
(signature of inspector) 1 Canada A.
R.R.O. 1980, Reg. 335, Form 1. 2. Canada B.
F»"n2 3 Canada C.
Farm Products Grades and Sales Act 4 Canada D
NOTICE OF RELEASE 5 Canada E. R.R.O. 1980, Reg. 336, s. 3.
P'^'^^ 4.— (1) No carcass shall be graded,
^^i^ (a) by a person other than a grader;
^° (b) at a place other than an establishment;
Address ^j^ unless the grader is provided with a sufficient number of
efficient helpers to assist the grader in his or her duties;
You are hereby notified that poultry seized and detained under
(d) if the grader is of the opinion that he or she does not have
detention tags numbered freedom from interference in carrying out his or her duties;
and
(e) unless the carcass is from an animal slaughtered in the
and respecting which a Notice of Detention dated establishment where it is to be graded.
has been issued, is hereby released from detention.
(2) A grader is not required to grade a carcass unless it is pre-
; ".■ •• sented to him or her for grading during reasonable hours mutually
(signature of mspector) agreed upon between the operator and the district supervisor.
R.R.O. 1980, Reg. 336, s. 4 (1, 2).
R.R.O. 1980, Reg. 335, Form 2. . 6 . \ . /
— (3) Where, at an establishment,
oi?/^¥T¥ ATirkM -lOT (") ^ carcass is placed under detention pursuant to the Act or
REGULA riON 382 ,l,is Regulation; or
GRADES — VEAL CARCASSES (b) an inspector, on reasonable grounds, believes that there has
been a contravention of the Act or this Regulation,
1. In this Regulation,
it is a condition of grading that every carcass at the establishment be
"brand" includes mark or label; graded until the matter or matters giving rise to the condition have
been remedied. O. Reg. 767/81, s. 1.
"carcass" means any carcass or portion of a carcass of a young ani-
mal of the bovine species commonly known as veal, but does not 5.— (1) No carcass shall be considered graded unless it bears a
include a carcass as defined in Regulation 376 of Revised Régula- grade stamp in the shape and size set out in Schedule 1 that has been
tions of Ontario, 1990; applied by a grader indicating the applicable grade name for that car-
cass, on the foresaddle, loin and leg on both sides of the carcass.
"Commissioner" means the Livestock Commissioner of Ontario; R.R.O. 1980, Reg. 336, s. 5 (1);0. Reg. 767/81, s. 2.
790
Reg./Règl. 382
CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 383
(2) No grade stamp shall be applied to a carcass unless the carcass
bears the inspection legend required by the regulations made under
the Meat Inspection Act (Canada) or the Meat Inspection Act
(Ontario).
(3) The grade stamp shall be applied in brown ink. R.R.O.
1980, Reg. 336, s. 5 (2, 3).
6. Brands in a continuous strip in the form set out in Schedule 2,
bearing the grade name indicated on the grade stamp applied pursu-
ant to this Regulation, shall be applied to each carcass by the opera-
tor at the time of grading under the general supervision of a grader.
R.R.O. 1980, Reg. 336, s. 6.
7. No person other than an operator shall apply a brand to a
graded carcass. R.R.O. 1980, Reg. 336, s. 7.
8.— (1) Brands shall be applied on the outside surface of the side
of the carcass in a continuous ribbon-like form in at least two strips
extending the full length of the side of the carcass, in accordance with
the instructions of the grader.
(2) Brands shall be applied in ink that has been approved as to
quality by the Commissioner in the following colours:
1. The grade name "Canada A" shall be applied in red ink.
2. The grade name "Canada B" shall be applied in blue ink.
3. The grade name "Canada C" shall be applied in brown ink.
4. The grade names "Canada D" and "Canada E" shall be
applied in black ink. R.R.O. 1980, Reg. 336, s. 8.
9. Stamps bearing the name of a retailer or wholesaler and a date
may be applied on a carcass if the stamps,
(a) are in brown ink or a colour of ink corresponding to the col-
our of ink on the brand stamp that has been applied to the
carcass;
(b) do not exceed three inches in height or width;
(c) are not in more than one place on each primal cut; and
(d) are not in contact with the grader's stamp. R.R.O. 1980,
Reg. 336, s. 9.
10. Where a grader has graded a carcass, the grader may, at the
request of any consignor or the consignor's agent, issue a grade cer-
tificate for any carcass or carcasses graded by him or her at an estab-
lishment if the consignor or agent,
(a) has placed on each of the animals to be carcass graded dis-
tinct and specific identification approved by the Commis-
sioner that has been transferred to or otherwise appears on
the carcass of such animal; and
(b) has completed and filed with the grader at the establish-
ment at the time of delivery of the animal or lot of animals,
as the case may be, to the operator of the establishment, a
manifest in a form prescribed by the Commissioner.
R.R.O. 1980, Reg. 336, s. 10.
11.— (1) Where an inspector detains a carcass, he or she shall
place thereon a tag indicating that the carcass is under detention.
(2) Except as authorized by an inspector, no person shall remove
from a carcass a tag placed thereon by an inspector pursuant to this
section. R.R.O. 1980, Reg. 336, s. 11.
12.— (1) No person shall sell, offer for sale or have in possession
for sale any carcass that is marked or stamped unless it has been
marked or stamped in accordance with the Act and this Regulation.
(2) No person shall apply to a carcass an impression, mark or
stamp of any kind that is not a brand or a grade and that might be
construed as a brand or grade stamp. R.R.O. 1980, Reg. 336,
s. 12.
Schedule 1
GRADE STAMP
Dimensions: One inch square.
CANADA
A
R.R.O. 1980, Reg. 336, Sched. 1.
Schedule 2
VEAL BRAND
1. Form a brand in a continuous strip required to show grade
names on carcasses:
CANADA
A
CANADA
A
CANADA
A
CANADA
A
2.— (1) The width of each word "Canada" shall be one and three-
eighths of an inch and no word shall exceed that length.
(2) All letters in the grade name shall be block capitals (Gothic)
and shall be at least five-sixteenths of an inch in height. R.R.O.
1980, Reg, 336, Sched. 2.
REGULATION 383
GRAIN
1. In this Regulation,
"dealer" means a person who purchases or accepts for sale grain
from the producer thereof, other than a person who purchases
grain for his or her own consumption;
"Fund" means the Fund for Grain Corn Producers, the Fund for
Soybean Producers or the Fund for Canola Producers established
under the Farm Products Payments Act;
"grain" means grain com, soybeans and canola;
"producer" means a producer of grain. O. Reg. 653/84, s. 1;
O. Reg. 405/89, s. 1.
2. Grain is designated as a farm product. O. Reg. 653/84, s. 2.
3. A dealer is exempt from the Act and this Regulation in respect
of the purchase or acceptance for sale of popping corn, seed corn or
sweet com. O. Reg. 653/84, s. 3.
4.— (1) An application for a licence or a renewal of a licence to
791
Reg./Règl. 383
FARM PRODUCTS GRADES AND SALES
Reg./Règl. 383
engage in business as a dealer shall be made to the Director on a
form provided by the Director. O. Reg. 351/86, s. I, part.
(2) An application for the renewal of a licence under subsection
(1) shall be made on or before the 31st day of March next following
the day the licence is issued. O. Reg. 183/90, s. 1.
(3) The duration of every licence issued for a licence year is one
year calculated from the 1st day of July in the year that the licence is
issued and expiring with the 30th day of June in the following year.
(4) For a licence issued for a licence year commencing in 1985,
the year shall be calculated from the 1st day of July, 1985 and shall
expire with the 30th day of June, 1986 even though a different date is
indicated on the licence.
(5) The duration of a licence that is a renewal of a licence that
was deemed to be continued under section 16 of the Act is one year
calculated from the 1st day of July in the year that the previous
licence expired and expiring with the 30th day of June in the follow-
ing year.
(6) The duration for a first time licence or a licence that is not
deemed to be continued under section 16 of the Act issued for a par-
tial licence year is the period from the time of issue to the 30th day of
June next following.
(7) No licence is transferable.
(8) The fee for a licence is $25. O. Reg. 351/86, s. I, part.
5. Renewal of a licence may be refused on the grounds,
(a) that the application was not submitted; or
(b) security or proof of financial responsibility was not fur-
nished,
before the 30th day of April preceding the expiry day of the licence.
O. Reg. 351/86, s. \,part.
6.— (1) Every dealer shall furnish to the Director proof of finan-
cial responsibility and, where the Director is not satisfied in respect
of the financial responsibility of the dealer, the dealer shall deposit
with the Director security in a form satisfactory to the Director and
in an amount prescribed by the Director.
(2) Security deposited with the Director under subsection (1)
shall be applicable solely to the claims of,
(a) a producer who sells grain to a dealer;
(b) a producer who stores grain with a grain elevator operator
who is licensed under the Grain Elevator Storage Act,
and in respect of which payments have been made under the Farm
Products Payments Act and the regulations thereunder.
(3) Where the Director receives notice pursuant to the Farm
Products Payments Act and the regulations thereunder that a pay-
ment has been made to,
(a) a producer who has sold grain to a dealer; or
(b) a producer who has stored grain with a grain elevator oper-
ator licensed under the Grain Elevator Storage Act,
in respect of a dealer who has deposited security under subsection
(1), the Director may realize upon the security or such part thereof
that he or she considers necessary.
(4) When a security has been realized upon under subsection (3),
the Director shall pay into the Fund the money obtained therefrom
or so much thereof as is necessary to reimburse the Fund for the
amount paid to a seller or to the person on whose behalf the grain
was stored, as the case may be.
(5) Where a security has been realized upon under subsection
(3), the dealer shall deposit with the Director such additional secu-
rity as is necessary to comply with the amount prescribed by the
Director under subsection (1) and on the deposit of such additional
security by the dealer, the Director shall pay to the dealer the money
remaining, if any, after payment is made to the Fund pursuant to
subsection (4). O. Reg. 653/84, s. 5.
7.— (1) Subject to subsection 18 (3) of the Grain Elevator Storage
Act and the regulations thereunder, payment in respect of the sale of
grain shall be made within ten trading days following the date of sale.
(2) Where the seller of grain has not received payment in accor-
dance with,
(a) this section; or
(b) subsection 18 (3) of the Grain Elevator Storage Act and the
regulations thereunder,
he or she shall forthwith notify the Director of the default in
payment. O. Reg. 653/84, s. 6.
8. Every dealer shall keep for at least two years a record of all
grain purchased or sold as the case may be, showing,
(a) the names and addresses of the sellers or buyers, as the case
may be, of the grain;
(b) the dates of such purchases or sales;
(c) the purchase or sale price, as the case may be, of the grain;
and
(d) adescription, of the grain. O. Reg. 653/84, s. 7.
9. A licence is issued on the terms and conditions that the holder
of the licence,
(a) where any payment is made from the Fund to a seller or
storer of grain under the Farm Products Payments Act and
the regulations thereunder, complies with the provisions of
such regulations respecting the payment; and
(b) complies with the provisions of the regulations under the
Farm Products Payments Act respecting,
(i) the payment of fees to the Board constituted to
administer the Fund, and
(ii) the collection of fees and the forwarding of such fees
to the Board constituted to administer the Fund.
O. Reg. 653/84, s. 8.
10. In addition to the grounds mentioned in section 10 of the Act
for refusal to issue licences or in section 1 1 of the Act for refusal to
renew, suspension or revocation of licences, the Director may refuse
to issue or renew, suspend or revoke a licence where,
(a) the whole or any part of a dealer's assets have been placed
in the hands of a trustee for distribution under the
Bankruptcy Act (Canada) or the Bulk Sales Act or in the
hands of a receiver; or
(b) a dealer fails to furnish proof of fmancial responsibility or
to deposit the security required under section 6. O. Reg.
653/84, s. 9.
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REGULATION 384
HONEY
1. In this Regulation,
"box" means any crate, carton, other outer covering or wrapper in
which containers are packed;
"bulk container" means a container that has a weight capacity of
more than five kilograms;
"class" in respect of honey, means honey that lies within a specific
range of colours as shown on a honey classifier or within a specific
range of reading as shown on a Pfund Honey Grader;
"comb honey" means honey that is in the honeycomb;
"consumer container" means a container that has a weight capacity
of five kilograms or less;
"container" means a receptacle in which honey or honey substitute is
packed for sale;
"establishment" means a plant, factory or premises where honey is
extracted, packed, processed or used in connection with any man-
ufacturing process and includes a packing plant and a pasteurizing
plant;
"grade" means a grade established for honey in this Regulation;
"honey classifier" means a honey classifier of a type that has been
approved by the Department of Agriculture (Canada);
"honey substitute" means a product other than pure honey manufac-
tured or derived in whole or in part from a farm product, prepared
for the same uses as honey and resembling honey in appearance;
"inspection" means inspection by an inspector appointed under the
Act and "inspected" has a corresponding meaning;
"label" means a paper label or any area of a container or box on
which any legend, word or mark is applied;
"lot" means a uniform blend of honey in a batch or in a storage tank
from which honey is drawn for processing or grading;
"packer" means any person who packs and grades honey for sale;
"pasteurizing" means the treatment of extracted honey by the con-
trolled application of heat to a point where it is free of viable
sugar-tolerant yeasts and "pasteurized" has a corresponding
meaning;
"producer" means a beekeeper who packs, ships, transports or sells
only honey produced in his or her own apiaries. O. Reg. 399/82,
s. 1.
2. Honey and honey substitute are designated as farm products.
O. Reg. 399/82, s. 2.
3. This Regulation does not apply to,
(a) honey that is sold on the premises of the producer directly
to the consumer where the container is marked with the
name and address of the producer and the word "honey";
or
(b) honey that is being transported in bulk containers to an
establishment. O. Reg. 399/82, s. 3.
4. No person shall pack, transport, ship, advertise, sell or offer
for sale honey.
(a) unless the honey has been graded, classified, packed and
marked in accordance with this Regulation;
(b) except in the case of comb honey, that is below Canada
No. 3 Grade;
(c) that is marked "Product of Ontario" or "Product of
Canada" or in other terms identifying it as having been pro-
duced in Ontario or in Canada unless the honey has been
produced in Ontario or in Canada, as the case may be;
(d) in a bulk container or box that has been previously marked
unless the marks have been completely removed or obliter-
ated;
(e) unless it is clean, wholesome and fit for human consump-
tion;
(f) unless it is free from any defect or deterioration that seri-
ously affects its edibility, appearance or shipping quality; or
(g) in the case of comb honey, unless it is free from infestation
by wax moth. O. Reg. 399/82, s. 4.
5. No person shall misrepresent the class, grade, flavour, weight,
ownership or origin of honey. O. Reg. 399/82, s. 5.
6. Every person who packs, transports, ships, advertises, sells,
offers for sale or has in possession for sale any honey in a container
shall mark,
(a) on the main panel of the label on the container,
(i) the word "honey" or, where applicable, the words
"comb honey",
(ii) where applicable, the class of the honey immediately
preceded by the grade thereof,
(iii) the net weight of the honey in kilograms or, if the
net weight is less than one kilogram, in grams,
located immediately above, below or beside the
word "honey" without any intervening written,
printed or graphic matter,
(iv) where applicable, the word "liquid",
(v) where applicable, the word "pasteurized" adjacent
to and in letters of the same size and visibility as the
class and grade designation, and
(vi) where comb honey contains cells of pollen, notice
thereof; and
(b) on the main panel of the label or any other panel thereof,
other than a panel located on the bottom of the container,
the name and address of the packer or the person responsi-
ble for packing the honey. O. Reg. 399/82, s. 6.
7. No person,
(a) who is the owner, packer or shipper of honey, shall use any
mark or label on the honey designating any other person as
the owner, packer or shipper of the honey, as the case may
be;
(b) shall alter or efface any marks on any container or box of
honey; or
(c) shall mark any container or box of honey so as to describe
or relate to the class or grade of honey unless the mark
complies with this Regulation. O. Reg. 399/82, s. 7.
8.— (1) Subclauses 6 (a) (ii), (iii), (iv) and (v) do not apply to a
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FARM PRODUCTS GRADES AND SALES
Reg./Règl. 384
container of honey, the weight of which, including the container, is
less than 150 grams.
(2) Subclause 6 (a) (iii) does not apply to a glass container on
which the net weight appears in two or more locations on the shoul-
der or upper part of the container in blown numerals with a flat, stip-
pled face having a height of,
(a) 9.5 millimetres, where the net weight is more than 250
grams; or
(b) 6.4 millimetres, where the net weight is 250 grams or less.
O. Reg. 399/82, s. 8.
9. All marks required by this Regulation shall be clearly and
prominently displayed on each container in such a manner that they
are readily discernible by a purchaser and of a size not less than,
(a) 1.6 millimetres in height on a container the main panel of
the label of which has an area of 32 square centimetres or
less;
(b) 3.2 millimetres in height on a container the main panel of
the label of which has an area of more than 32 but not more
than 258 square centimetres;
(c) 6.4 millimetres in height on a container the main panel of
the label of which has an area of more than 258 but not
more than 645 square centimetres; and
(d) 9.5 millimetres in height on a container the main panel of
the label of which has an area of more than 645 square
centimetres. O. Reg. 399/82, s. 9.
10. Every box in which there is honey that has been classified and
graded shall be marked in distinctly legible block letters not less than
9.5 millimetres in height with,
(a) the word "honey";
(b) the class and grade of the honey;
(c) the name and address of the packer or the person responsi-
ble for packing the honey;
(d) the number and size of the containers therein;
(e) the net weight of the honey;
(f) the lot number;
(g) where applicable, the word "liquid"; and
(h) where applicable, the word "pasteurized" adjacent to and
in letters of the same size and visibility as the class and
grade designation. O. Reg. 399/82, s. 10.
11.— (1) No person shall make a misleading claim with respect to
a honey substitute by word or design in an advertisement or on a
container.
(2) No person shall use on any container containing honey substi-
tute the word "honey" or any other word that resembles "honey".
(3) Despite subsection (2),
(a) where a honey substitute contains honey; and
(b) the container containing the honey substitute bears a label
with a complete list of the ingredients of the honey substi-
tute with the ingredients listed in decreasing order as to the
proportion of the honey substitute that they comprise,
the list of ingredients may contain the word "honey" only if the let-
ters of the word "honey" are of the same size, colour and type as the
letters used for the other ingredients.
(4) No person shall display for sale at retail a honey substitute,
(a) among containers of honey; or
(b) in a manner that implies the honey substitute has a relation
to honey. O. Reg. 399/82, s. 11.
12.— (1) Honey that is packed in consumer containers shall be
packed in new, clean, sound containers that are, except in the case of
comb honey, of any of the following net weight sizes:
1 . Any size up to and including 150 grams.
2. 250 grams.
3. 330 grams.
4. 375 grams.
5. 500 grams.
6. 750 grams.
7. One kilogram.
8. One and one-half kilograms.
9. Two kilograms.
10. Three kilograms.
11. Five kilograms. O. Reg. 399/82, s. 12 (1); O. Reg.
237/88, s. 1.
(2) Honey that is packed in bulk containers shall be packed in
clean, sound containers that are, except in the case of comb honey,
of any of the following net weight sizes:
1. Seven kilograms.
2. Fifteen kilograms.
3. Thirty kilograms.
4. Containers larger than thirty kilograms in net weight incre-
ments of multiples of one kilogram.
(3) Despite subsection (1), the Minister may authorize the pack-
ing of honey in novelty containers of sizes that do not comply with
subsection (1).
(4) Every container of honey shall be securely closed by means of
a screw-cap, friction lid, bung or other device.
(5) Boxes shall be well constructed of durable materials and shall
be clean, in good condition and not defaced by old markings.
O. Reg. 399/82, s. 12 (2-5).
13.— (1) Every person who requires an inspection of honey shall
apply to the nearest inspector or to the Director.
(2) Inspections shall be performed, as nearly as practicable, in
the order in which applications therefor are received.
(3) Upon completion of an inspection, the inspector who made
the inspection shall issue an inspection certificate respecting the
honey or containers or boxes of honey. O. Reg. 399/82, s. 13.
14. The person who has possession of any honey or containers or
boxes of honey for inspection shall make such honey or containers or
boxes of honey accessible for inspection, shall place them so as to
disclose the class and grade for each lot and shall render such assis-
794
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CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 384
tance to the inspector as the inspector requires.
s. 14.
O. Reg. 399/82,
15. Where an inspector has reason to believe that the class or
grade of any honey may not be immediately determined, the inspec-
tor may postpone inspection for such period of time as he or she con-
siders necessary to enable the class or grade to be determined.
O. Reg. 399/82, s. 15.
16. Where an inspector detains any container, box or any number
of containers or boxes of honey, the inspector may attach thereto a
numbered detention tag and no person shall sell, offer for sale, move
or allow or cause to be moved the honey or containers or boxes of
honey or remove the detention tag without the written authority of
an inspector. O. Reg. 399/82, s. 16.
17. Where an inspector is satisfied that any honey or container or
box of honey that has been placed under detention complies with this
Regulation, the inspector may release the honey, container or box by
issuing a detention release. O. Reg. 399/82, s. 17.
18.— (1) Where a person who is financially interested in any
honey is dissatisfied with an inspection certificate, the person may
apply to an inspector for an appeal inspection.
(2) An application for an appeal inspection shall state the reasons
for appeal and may be accompanied by a copy of any previous
inspection certificate or other information possessed by the appli-
cant.
(3) An application for an appeal inspection may be refused by the
inspector where he or she is of the opinion that,
(a) it is trivial;
(b) the class or grade of the honey has changed;
(c) the honey is not accessible for inspection;
(d) the identity of the honey has been lost; or
(e) the condition of the honey has materially changed.
O. Reg. 399/82, s. 18.
19. Where an appeal inspection proves the original inspection to
have resulted in an incorrect inspection certificate, the issuance of an
appeal inspection certificate shall be deemed to cancel the original
inspection certificate. O. Reg. 399/82, s. 19.
20. The equipment, appliances and facilities in an establishment
shall be maintained in a clean and sanitary condition. O. Reg.
399/82, s. 20.
21.— (1) Except in the case of comb honey, the following grade
names for honey and the grades, standards and tolerances therefor,
established under the Canada Agricultural Products Act, are hereby
adopted in whole:
1. Canada No. 1 Grade.
2. Canada No. 2 Grade.
3. Canada No. 3 Grade. O. Reg. 237/88, s. 2.
(2) Despite subsection (1), honey that is not pasteurized or other-
wise treated with heat may be sold or offered for sale under the
grade name of No. 1 Grade or No. 2 Grade where,
(a) the granulation is not complete or the texture is not uni-
form;
(b) the moisture content does not exceed 17 per cent; and
(c) the honey complies in all other respects with the require-
ments for Canada No. 1 Grade or Canada No. 2 Grade, as
the case may be. O. Reg. 399/82, s. 21 (2).
22. Where honey, other than comb honey, is packed in contain-
ers, it shall be classified while it is in liquid form and shall be marked
with the class of the honey in accordance with the colour designation
on a honey classifier or with the reading on a Pfund Honey Grader in
the manner prescribed in Column 1 of Part 1 or 2, as the case may
be, of the Schedule. O. Reg. 399/82, s. 22.
Schedule
CLASSIFICATION OF HONEY
Parti
Honey Packed in Consumer Containers
Column 1
Column 2
Column 3
Class
Designation on Honey Classifier
Reading on Pfund Honey Grader
1. White
2. Golden
3. Amber
4. Dark
Not darker than White
Darker than White but not darker than Golden
Darker than Golden but not darker than Amber
Darker than Amber
Not more than 30 millimetres
More than 30 millimetres but not more than 50 millimetres
More than 50 millimetres but not more than 85 millimetres
More than 85 millimetres
Part 2
Honey Packed in Bulk Containers
Column 1
Column 2
Column 3
Class
Designation on Honey Classifier
Reading on Pfund Honey Grader
1. Extra White
2. White
3. Golden
Not darker than Extra White
Darker than Extra White but not darker than White
Darker than White but not darker than Golden
Not more than 13 millimetres
More than 13 millimetres but not more than 30 millimetres
More than 30 millimetres but not more than 50 millimetres
795
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Reg./Règl. 386
Column 1
Column 2
Column 3
Class
Designation on Honey Classifier
Reading on Pfund Honey Grader
4. Light Amber
5. Dark Amber
6. Dark
Darker than Golden but not darker than Amber
Darker than Amber but not darker than Dark
Darker than Dark
More than 50 millimetres but not more than 85 millimetres
More than 85 millimetres but not more than 114 millimetres
More than 114 millimetres
O. Reg. 399/82, Sched.
REGULATION 385
LICENCES
1. In this Regulation,
"dealer" means a person who purchases or accepts for sale fruits or
vegetables from a producer but does not include a person who,
(a) purchases the fruits or vegetables for his or her own con-
sumption, or
(b) purchases fruits or vegetables from a producer for sale at
retail in the person's own retail outlet and who is not
directly or indirectly engaged in the operation of more than
one retail outlet;
"fruits or vegetables" means fruits or vegetables that are produced in
Ontario and are not sold for commercial processing. O. Reg.
253/86, s. 1.
2.— (1) An application for a licence or a renewal of a licence as a
dealer shall be made to the Director in a Form provided by the
Director.
(2) A licence as a dealer shall be in a Form provided by the
Director.
(3) A licence as a dealer shall be renewed annually and shall be
valid for the period from the 1st day of April in the year of issue or
renewal, as the case may be, to the 31st day of March in the follow-
ing year.
(4) The annual fee for a licence as a dealer is $25. O. Reg.
253/86, s. 2.
3. Every dealer shall maintain a record of every transaction show-
ing,
(a) the quantity and variety or type of each kind of fruit or veg-
etable purchased, accepted for sale or sold by the dealer;
(b) the name of the person from whom fruits or vegetables are
purchased or accepted for sale or to whom they are sold;
(c) the price at which fruits or vegetables are bought or sold, as
the case may be; and
(d) where the dealer has not purchased the fruits or vegetables
on the dealer's own account, the commission the dealer
charged to a producer. O. Reg. 253/86, s. 3.
REGULATION 386
MAPLE PRODUCTS
1. In this Regulation,
"caramel, buddy or sappy taste" means a bitter flavour characteristic
of maple syrup produced from sap that flows after the buds of the
tree have commenced to open;
"inspection" means inspection by an inspector appointed under the
Act and "inspected" has a corresponding meaning;
"maple product" means any product prepared directly or indirectly
from maple sap;
"maple product substitute" means a product other than a pure maple
product manufactured or derived in whole or in part from a farm
product and prepared for the same uses as a maple product and
resembling a maple product in appearance. R.R.O. 1980, Reg.
339, s. 1.
2. Maple products and maple product substitutes are designated
as farm products. R.R.O. 1980, Reg. 339, s. 2.
3. This Regulation does not apply to maple products that are in
bulk containers and that are in the process of being transported for
further packaging. R.R.O. 1980, Reg. 339, s. 3; O. Reg. 72/85,
s. 1.
4. No person shall pack, transport, ship, advertise, sell, offer for
sale or have in possession for sale any maple product unless,
(a) the maple product has been graded in accordance with the
Act and this Regulation;
(b) the maple product has been packed and marked in accor-
dance with the Act and this Regulation; and
(c) where the maple product has been transported into Ontario
and has been repacked in Ontario, the container containing
the maple product is marked to indicate the country of ori-
gin and all other provisions of this Regulation have been
complied with. R.R.O. 1980, Reg. 339, s. 4; O. Reg.
72/85, s. 2.
5. No person shall pack, transport, ship, advertise, sell, offer for
sale or have in possession for sale any maple product unless the con-
tainer containing the maple product has marked thereon,
(a) the name of the maple product;
(b) the amount of maple product in the container measured,
(i) in volume units for maple syrup, and
(ii) in weight units for other maple products;
(c) the grade and colour class of the maple syrup; and
(d) the name and address of the person who packed the maple
product. R.R.O. 1980, Reg. 339, s. 5; O. Reg. 72/85,
s. 3.
6. No person shall pack, transport, ship, advertise, sell, offer for
sale or have in possession for sale any maple product in a container
that has been previously marked unless all markings thereon that do
796
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CLASSEMENT ET VENTE DES PRODUITS AGRICOLES
Reg./Règl. 386
not comply with this Regulation are completely removed or
obliterated. R.R.O. 1980, Reg. 339, s. 6.
7. No person shall misrepresent the grade, count, weight, mea-
sure, mark or marking, ownership or place of origin of any maple
product. R.R.O. 1980, Reg. 339, s. 7.
8.— (1) No person shall make a misleading claim with respect to a
maple product substitute by word or design in an advertisement or
on a container in which a maple product substitute is contained.
(2) Where,
(a) a maple product substitute contains a maple product; and
(b) the container in which the maple product substitute is con-
tained bears a label with a complete list of the ingredients of
the maple product substitute with the ingredients listed in
decreasing order as to the proportion of the maple product
substitute that they comprise, the list of ingredients may
contain the word "maple" only if the letters of the word
"maple" are of the same size, colour and type as the letters
used for the other ingredients.
(3) Where a maple product substitute contains no maple product,
no person shall use on any container in which the maple product sub-
stitute is contained the word "maple" except in the expressions "arti-
ficially maple flavoured" or "artificial maple flavouring". R.R.O.
1980, Reg. 339, s. 8.
9. Where an inspector detains any lot of maple product or maple
product containers or maple product substitute or maple product
substitute containers, the inspector may attach thereto a numbered
detention tag and no person shall sell, offer for sale, move or allow
or cause to be sold, offered for sale or moved the maple product or
maple product containers or maple product substitute or maple prod-
uct substitute containers or remove the detention tag without the
written authority of an inspector. R.R.O. 1980, Reg. 339, s. 9.
10. Where an inspector is satisfied that any maple product or
maple product container or maple product substitute or maple prod-
uct substitute container that has been placed under detention, com-
plies with the Act and this Regulation, the inspector may release the
maple product or maple product container or maple product substi-
tute or maple product substitute container by issuing a detention
release. R.R.O. 1980, Reg. 339, s. 10.
11.— (1) Every person who requires an inspection of a maple
product shall apply to the nearest inspector or to the Director.
O. Reg. 72/85, s. 4.
(2) Inspection shall he made as nearly as is practicable in the
order in which applications are received. R.R.O. 1980, Reg. 339,
s. 11 (2).
12.— (1) No person shall sell or offer for sale a maple product
that,
(a) is not produced by the concentration of maple sap or by the
solution of maple sugar in water;
(b) is not clean, wholesome, free from objectionable flavours
and fit for human consumption; and
(c) is not free from any defect or deterioration affecting its edi-
bility, appearance or shipping quality.
(2) No person shall sell or offer for sale.
(a) maple syrup that does not have a minimum soluble solids
content of 66 per cent as determined by a refractometer at
20°C; or
(b) maple sugar that contains more than 10 per cent moisture.
R.R.O. 1980, Reg. 339, s. 12.
13. The grades for maple syrup are as follows:
1 . Canada No. 1 , consisting of maple syrup that,
(a) is free from fermentation;
(b) is uniform in colour and free from cloudiness or tur-
bidity;
(c) is Extra Light, Light or Medium in colour class; and
(d) has a maple flavour characteristic of its colour class
and is free from any objectionable odour or taste.
2. Canada No. 2, consisting of maple syrup that,
(a) is free from fermentation;
(b) is uniform in colour and free from any cloudiness or
turbidity;
(c) is Amber in colour class; and
(d) has a maple flavour characteristic of its colour class
and is free from any objectionable odour or taste.
3. Canada No. 3, consisting of maple syrup that has a charac-
teristic maple flavour and is free from any objectionable
odour or taste other than a trace of caramel, buddy or
sappy taste. R.R.O. 1980, Reg. 339, s. 13; O. Reg. 72/85,
s. 5.
14. The colour classes for maple syrup are as follows:
1. Extra Light, consisting of maple syrup having a percentage
of light transmission not less than 75.0.
2. Light, consisting of maple syrup having a percentage of
light transmission less than 75.0 but not less than 60.5.
3. Medium, consisting of maple syrup having a percentage of
light transmission less than 60.5 but not less than 44.0.
4. Amber, consisting of maple syrup having a percentage of
light transmission less than 44.0 but not less than 27.0.
5. Dark, consisting of maple syrup having a percentage of light
transmission less than 27.0. R.R.O. 1980, Reg. 339, s. 14.
15. The determination of the light transmission of maple syrup
shall be made optically by means of,
(a) a spectrophotometer using matched square optical cells
having a 10 mm light path at a wavelength of 560 mm, the
colour values being expressed in per cent of light transmis-
sion as compared to A.R. Glycerol fixed at 100 per cent
transmission; or
(b) a visual glass comparator, the optical specifications of which
correspond as closely as possible to the specifications deter-
mined by the method described in clause (a). R.R.O.
1980, Reg. 339, s. 15.
797
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