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LIBRARY  USE  ONLY 


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LAW  LIBRARY 

JUL  2  6  1882 

FACULiV  ur  Li^VII 
UNIVtRSITY  OF  TOROHTO 


Ontario 


REVISED  REGULATIONS 

OF 

ONTARIO,  1980 


A  REVISION  AND  CONSOLIDATION  OF  REGULATIONS 
PUBLISHED  UNDER  THE  AUTHORITY  OF 
THE  REGULATIONS  REVISION  ACT,  1979 


VOLUME  III 


TORONTO 
PRINTED  AND  PUBLISHED  BY  THE  QUEEN'S  PRINTER 


REVISED  REGULATIONS  OF  ONTARIO,  1980 

VOLUME  3 

TABLE  OF  CONTENTS 

D 

Day  Nurseries  Act  Reg  page 

General 235  1 

Dead  Animal  Disposal  Act 

General  236  29 

Dental  Technicians  Act 

General  237  41 

Denture  Therapists  Act 

General  238  45 

Deposits  Regulation  Act 

General  239  51 

Development  Corporations  Act 

Approval  of  Loans  and  Guarantees  240  53 

Ontario  International  Corporation 241  55 

Developmental  Services  Act 

General  242  57 

District  Welfare  Administration  Boards  Act 

Application  for  Grant  Under  Section  10  of  the  Act  243  65 

Dog  Licensing  and  Live  Stock  and  Poultry  Protection  Act 

Application  for  Payment  of  a  Grant 244  73 

Dogs  at  Large  in  Unorganized  Areas 245  75 

Drainage  Act 

Forms 246  77 

Rules  of  Practice  and  Procedure  to  be  followed  in  all  Proceedings  before  the 

Referee  247  85 

Drugless  Practitioners  Act 

Chiropractors 248  89 

Classifications 249  95 

General  250  97 

Masseurs   251  101 

Osteopaths 252  107 

Physiotherapists 253  1 1 3 

E 

Edible  Oil  Products  Act 

General  254  119 

Education  Act 

Calculation  of  Amount  of  Reserve  or  Reduction  in  Requirement  Resulting 

from  Strike  or  Lock-out   255  1 25 

Calculation  of  Average  Daily  Enrolment 256  127 

County  Combined  Separate  School  Zones 257  129 

Designation  of  School  Divisions  in  Territorial  Districts  258  131 

iii 


iv  TABLE  OF  CONTENTS 

Education  Act — Continued  REG.  page 

.  District  Combined  Separate  School  Zones 259  139 

District  School  Areas 260  143 

Early  School  Leaving   261  145 

Elementary  and  Secondary  Schools  and  Schools  for  Trainable  Retarded 

Children— General  262  147 

Fees  for  Ministry  Courses 263  1 59 

Fees  for  Transcripts  and  Statements  of  Standing  and  for  Duplicates  of  Diplomas, 

Certificates  and  Letters  of  Standing 264  1 61 

James  Bay  Lowlands  Secondary  School  Board 265  163 

Legislative  Grants   266  165 

North  of  Superior  District  Roman  Catholic  Separate  School  Board 267  167 

Ontario  Schools  for  the  Blind  and  the  Deaf 268  169 

Ontario  Teacher's  Qualifications 269  175 

Practice  and  Procedure — Boards  of  Reference  270  207 

Pupil  Records   271  211 

Purchase  of  Milk 272  229 

School  Year  and  School  Holidays 273  231 

Special  Education  Programs  and  Services 274  233 

Special  Grant 275  235 

Supervisory  Officers 276  237 

Teachers'  Contracts 277  241 

Elderly  Persons  Centres  Act 

General  278  245 

Election  Act 

Fees  and  Expenses  279  249  , 

Employment  Agencies  Act 

General  280 

Employment  Standards  Act 

Ambulance  Service  Industry 281  267 

Benefit  Plans 282  269 

Domestics  and  Nannies 283  273 

Fruit,  Vegetable  and  Tobacco  Harvesters 284  275 

General 285  277 

Termination  of  Employment 286  283 

Endangered  Species  Act 

Endangered  Species 287  287 

Energy  Act 

Fuel  Oil  Code 288  289 

Gas  Pipeline  Systems 289  295 

Gas  Utilization  Code 290  299 

Oil  Pipeline  Transportation  Systems  291  305 

Propane  Storage,  Handling  and  Utilization  Code 292  309 

Environmental  Assessment  Act 

General  293  315 

South  Cayuga  Sewage  Works  and  Waste  Disposal  Sites  294  325 

Environmental  Protection  Act 

Air  Contaminants  from  Ferrous  Foundries 295  327 

Ambient  Air  Quality  Criteria 296  329 

Asphalt  Paving  Plants 297  333 

Classes  of  Contaminants — Exemptions 298  335 

Containers   299  337 

Containers  for  Carbonated  Soft  Drinks 300  343 

Copper  Cliff  Smelter  Complex 301  345 

Crown  Waste  Disposal  Sites 302  347 

Deep  Well  Disposal 303  349 

Designation  of  Waste 304  351 


TABLE  OF  CONTENTS  V 

Environmental  Protection  Act — Continued  REG  page 

Discharge  of  Sewage  From  Pleasure  Boats 305  353 

Disposable  Containers  for  Milk  306  355 

Disposable  Paper  Containers  for  Milk 307  357 

General 

Air  Pollution 308  359 

Waste  Management   309  399 

Marinas 310  405 

Motor  Vehicles  311  407 

Sewage  Systems  (see  Supplement  to  Revised  Regulations  of  Ontario,  1980) 

Sulphur  Content  of  Fuels 312  41 1 

Transfers  of  Liquid  Industrial  Waste   313  413 

Expropriations  Act 

Co-operative  Development — North  Pickering   314  41 5 

Forms 315  427 

Rules  of  Practice  and  Procedure  of  the  Land  Compensation  Board 316  435 

Rules  to  be  applied  for  the  Purposes  of  Subsection  34  (1 )  of  the  Act 317  443 


Family  Benefits  Act 

General  


318  445 


487 


489 
493 
497 
501 


Family  Law  Reform  Act 

Designation  of  Matrimonial  Home — Forms 319 

Farm  income  Stabilization  Act 

Corn  Stabilization,  1 979-1 981— Plan 32o 

Soybean  Stabilization,  1979-1981— Plan .!!.!!!  321 

Weaner  Pig  Stabilization,  1980-1985— Plan 322 

White  Bean  Stabilization,  1979-1981— Plan 323 

Winter  Wheat  Stabilization,  1979-1981— Plan 324            505 

Farm  Products  Containers  Act 

Fruit  and  Vegetables 325           509 

Farm  Products  Grades  and  Sales  Act 

Burley  Tobacco 326           51 1 

Dairy  Products 327           515 

Flue-Cured  Tobacco 328           533 

Fruit-Controlled  Atmosphere  Storage  329           545 

Grades 

Beef  Carcasses  330           549 

Christmas  Trees 331           553 

Fruit  and  Vegetables 332           557 

Hog  Carcasses 333           535 

Lamb  and  Mutton  Carcasses  334           587 

Poultry 335           591 

Veal  Carcasses  336           61 1 

Honey   337           613 

Licences   338           621 

Maple  Products 339           623 

Farm  Products  Marketing  Act 

Apples 

Plan    340           627 

Marketing 34I            631 

Arbitration  of  Disputes 342           637 

Asparagus 

Plan    343            639 

Marketing 344           641 


VI  TABLE  OF  CONTENTS 

Farms  Products  Marketing  Act — Continued 

Beans  reg.  page 

Plan    345  647 

Marketing 346  649 

Berries  for  Processing 

Plan    347  653 

Marketing 348  655 

Broiler  Chickens  and  Roaster  Chickens 

Plan   349  659 

Marketing 350  661 

Burley  Tobacco 

Plan    351  667 

Marketing 352  669 

By-Laws  for  Local  Boards  353  673 

Chicken 

Extension  of  Powers 354  677 

Eggs 

Extension  of  Powers 355  679 

Plan   356  681 

Marketing 357  685 

Marketing  Limitations 358  691 

Fresh  Grapes 

Plan   359  693 

Marketing 360  695 

Fresh  Potatoes 

Plan   361  697 

Marketing 362  699 

Grapes  for  Processing 

Plan   363  701 

Marketing 364  703 

Greenhouse  Vegetables 

Plan   365  707 

Marketing 366  709 

Hogs 

Plan   367  713 

Marketing 368  719 

Local  Boards  369  723 

Potatoes 

Plan    370  725 

Marketing 371  727 

Processing  Tomato  Seedling  Plants 

Plan    372  731 

Marketing 373  733 

Rutabagas 

Plan   374  737 

Marketing 375  739 

Seed  Corn 

Plan    376  741 

Marketing 377  743 

Soya-Beans 

Plan    378  747 

Marketing 379  749 

Tender  Fruit 

Plan    , 380  755 

Marketing 381  757 

Tobacco 

Plan   382  761 

Marketing 383  765 

Turkeys 

Plan    384  769 

Marketing 385  771 

Marketing  Limitations 386  777 

Vegetables  for  Processing 

Plan    387  779 

Marketing 388  781 


TABLE  OF  CONTENTS  VU 

Farms  Products  Marketing  Act — Continued 

Wheat  REG.  page 

Plan    389  787 

Marketing 390  789 

Farm  Products  Payments  Act 

General  391  793 

Fire  Departments  Act 

Filing  in  Supreme  Court  of  Decision  of  Arbitrator  or  Arbitration  Board 392  797 

Standards  for  Pumpers   393  799 

Fire  IVIarshals  Act 

General 394  801 

Fish  Inspection  Act 

Quality  Control  395  803 

Forest  Fires  Prevention  Act 

Fire  Regions 396  809 

Forestry  Act 

Nurseries   397  821 

Freshwater  Fish  Marl<eting  Act  (Ontario) 

General  398  823 

Funeral  Services  Act 

General  399  825 

Fur  Farms  Act 

General  400  843 

G 

Game  and  Fish  Act 

Animals  Declared  to  be  Fur-Bearing  Animals 401  849 

Aylmer  Lagoon  Hunting  Area 402  851 

Bag  Limit  for  Black  Bear   403  853 

Bobwhite  Quail,  Wild  Turkey  and  Pheasant — Propagation  and  Sale 404  855 

Bows  and  Arrows 405  857 

Bullfrogs 406  859 

Camden  Lake  Hunting  Area   407  863 

Copeland  Forest  Hunting  Area 408  865 

Crown  Game  Preserves 409  867 

Discharge  of  Fire-Arms  From  or  Across  Highways  and  Roads  410  873 

Discharge  of  Fire-Arms  on  Sunday 411  875 

Fire-Arms — Aulneau  Peninsula    412  877 

Fishing  Huts 413  879 

Fishing  Licences 414  881 

Furs   415  895 

Game  Bird  Hunting  Preserves  416  91 1 

Guides 417  913 

Hunter  Safety  Training  Course 418  915 

Hunting  in  Lake  Superior  Provincial  Park 419  917 

Hunting  Licences  420  919 

Hunting  on  Crown  Lands  in  the  Geographic  Townships  of  Bruton  and  Clyde 421  953 

Hunting  on  Designated  Crown  Land  and  in  Provincial  Parks 422  955 

Lake  St.  Lawrence  Hunting  Area 423  965 

Licence  to  Possess  Nets 424  967 

Luther  Marsh  Hunting  Area   425  969 

Open  Seasons 

Black  Bear 426  971 

Fur-Bearing  Animals 427  101 1 

Moose  and  Deer 428  1015 


Vlll  TABLE  OF  CONTENTS 

Game  and  Fish  Act — Continued  reg  page 

Orangeville  Reservoir  Hunting  Area 429  1089 

Permit  to  Export  Game 430  1093 

Polar  Bears 431  1 097 

Possession  and  Use  of  Fire-Arms  in  Darlington  Provincial  Park 432  1099 

Sale  of  Bass  and  Trout  and  Fishing  Preserves 433  1 1 01 

Snares  (see  Supplement  to  Revised  Regulations  of  Ontario,  1980) 

Stag  Island  Hunting  Area 434  1 105 

Tiny  Marsh  Hunting  Area   435  1107 

Trap-Line  Areas   436  1 1 09 

Waters  Set  Apart— Frogs 437  1131 

Wolves  and  Black  Bears  in  Captivity  438  1 133 


TABLE  OF  REGULATIONS 

CONTAINED  IN  VOLUMES  1  TO  8  OF 

REVISED  REGULATIONS  OF  ONTARIO,  1980 


VOLUME  1 


Abandoned  Orchards  Act  REG 

General  1 

Administration  of  Justice  Act 

Fees  and  Expenses 

Court  Reporters   2 

General  3 

Jurors  and  Crown  Witnesses 4 

Justices  of  the  Peace   5 

Fees 

Sheriffs  6 

Supreme  Court  and  County  Courts   7 

Unified  Family  Court 8 

Investigation  Fee 

Official  Guardian   9 

Agricultural  Associations  Act 

Designation  of  Associations 10 

Agricultural  Development  Finance  Act 

Interest  Rate 11 

Agricultural  Societies  Act 

General  12 

Agricultural  Tile  Drainage  Installation  Act 

General  13 

Ambulance  Act 

General  14 

Anatomy  Act 

General  15 

Animals  for  Research  Act 

General  16 

Pounds   17 

Research  Facilities  and  Supply  Facilities 18 

Transportation 19 

Apprenticeship  and  Tradesmen's  Qualification  Act 

Air  Cooled  and  Marine  Engine  Mechanic 20 

Alignment  and  Brakes  Mechanic 21 

Auto  Body  Repairer 22 

Automotive  Machinist 23 

Automotive  Painter 24 

Baker  25 

Brick  and  Stone  Mason   26 

Cement  Mason  27 

Construction  Boilermaker  28 

Construction  Millwright 29 

Cook 30 

ix 


X  TABLE  OF  REGULATIONS 

Apprenticeship  and  Tradesmen's  Qualification  Act — Continued  reg. 

Dry  Cleaners  31 

Electrician 32 

Farm  Equipment  Mechanic 33 

Fitter  (Structural  Steel/Platework) 34 

Fuel  and  Electrical  Systems  Mechanic 35 

General  36 

General  Carpenter 37 

General  Machinist  38 

Glazier  and  Metal  Mechanic 39 

Hairstyling  Schools 40 

Hairstylist 41 

Heavy  Duty  Equipment  Mechanic 42 

Industrial  Mechanic  (Millwright)  43 

Iron  Workers  44 

Lather 45 

Lineman   46 

Motor  Vehicle  Mechanic   47 

Motorcycle  Mechanic  48 

Mould  Maker 49 

Painter 50 

Plasterers  51 

Plumbers 52 

Printer  53 

Radio  and  Television  Service  Technician 54 

Refrigeration  and  Air-Conditioning  Mechanic 55 

Service  Station  Attendant 56 

Sheet  Metal  Worker 57 

Sprinkler  and  Fire  Protection  Installer 58 

Steamfitters 59 

Tool  and  Die  Maker 60 

Transmission  Mechanic 61 

Truck-Trailer  Repairer 62 

Watch  Repairers 63 

Arbitrations  Act 

Fees  Chargeable  by  Arbitrators 64 

Architects  Act 

Complaints 65 

Artificial  Insemination  of  Live  Stock  Act 

General  66 

Assessment  Act 

Assessment  Areas  and  Regions   67 

Assessment  Notices  68 

Interior  Information  Questionnaire 69 

Municipal  Enumeration  Notice 70 

Pipe  Line  Rates 71 

Pipe  Line  Rates  in  Muskoka  and  Parry  Sound 72 

Property  Income  Questionnaire 73 

Assessment  Review  Court  Act 

Procedure 74 

Athletics  Control  Act 

Amount  of  Tax  75 

General  76 


Bailiffs  Act 

General  77 


TABLE  OF  REGULATIONS  Xl 

Beach  Protection  Act                                                                                            '     .:  reg 

General  78 

Beef  Cattle  Marketing  Act 

Licence  Fees   79 

Weighing  of  Beef  Carcasses 80 

Bees  Act 

General  81 

Bills  of  Sale  Act 

General  82 

Blind  Persons'  Rights  Act 

Dog  Guides   83 

Boilers  and  Pressure  Vessels  Act 

General  84 

Boundaries  Act 

General  85 

Brucellosis  Act 

Vaccination 86 

Building  Code  Act 

General  87 

Business  Corporations  Act 

Names 88 


VOLUME  2 

C 

Cemeteries  Act 

Closings  and  Removals  89 

General  90 

Trust  Funds  91 

Centennial  Centre  of  Science  and  Technology  Act 

Fees  92 

Certification  of  Titles  Act 

General  93 

Change  of  Name  Act 

Fees  and  Forms  94 

Charitable  Institutions  Act 

General  95 

Child  Welfare  Act 

General  96 

Practice  and  Procedure  of  Societies 97 

Children's  Institutions  Act 

General  98 

Children's  Law  Reform  Act 

Forms 99 


Xll  TABLE  OF  REGULATIONS 

Children's  Mental  Health  Services  Act  reg. 

General 100 

Children's  Residential  Services  Act 

General  101 

Chiropody  Act 

General  102 

Collection  Agencies  Act 

General  103 

Commissioners  for  Taking  Affidavits  Act 

Fees  104 

Commodity  Boards  and  Marketing  Agencies  Act 

Levies 

Cream   105 

Milk 106 

Levies  or  Charges 

Chicken  107 

Chicken  (over  Quota)    108 

Cream   109 

Eggs 110 

Fowl Ill 

Milk 112 

Turkeys 113 

Commodity  Futures  Act 

General  114 

Community  Psychiatric  Hospitals  Act 

General  115 

Grants  116 

Community  Recreation  Centres  Act 

General  117 

Commuter  Services  Act 

Diai-A-Bus  Service 118 

Compulsory  Automobile  Insurance  Act 

Certificate  of  Insurance 119 

Exemptions  120 

Condominium  Act 

General  121 

Surveys  and  The  Description 122 

Conservation  Authorities  Act 

Conservation  Areas 

Ausable-Bayfield 123 

Cataraqui  Region  124 

Catfish  Creek 125 

Central  Lake  Ontario 126 

Credit  Valley   127 

Crowe  Valley 128 

Essex  Region 129 

Ganaraska  Region  130 

Grand  River 131 

Hamilton  Region 132 

Halton  Region 133 

Kettle  Creek  Region 134 

Long  Point  Region 135 

Lower  Thames  Valley 136 


TABLE  OF  REGULATIONS  XUl 

Conservation  Authority  Act — Continued  R€G. 

Conservation  Areas — Continued 

Maitland  Valley 137 

Mattagami  Valley 138 

Metropolitan  Toronto  and  Region 139 

Napanee  Region 140 

Niagara  Peninsula  141 

North  Grey  Region 142 

Nottawasaga  Valley 143 

Otonabee  Region 144 

Prince  Edward  Region   145 

Rideau  Valley 146 

St.  Clair  Region 147 

Sauble  Valley 148 

Saugeen  Valley 149 

Sault  Ste.  Marie  Region 150 

South  Lake  Simcoe 151 

Upper  Thames  River 152 

Fill 

Ausable  River  153 

Grand  Valley  154 

Moira  River    155 

Spencer  Creek 156 

Fill  and  Alteration  to  Waterways 

Long  Point  Region 157 

Raisin  Region    158 

Fill,  Construction  and  Alteration  to  Waterways 

Cataraqui  Region  159 

Catfish  Creek 160 

Central  Lake  Ontario 161 

Credit  Valley    162 

Grand  River 163 

Halton  Region 164 

Hamilton  Region 165 

Kettle  Creek 166 

Lakehead  Region  167 

Lower  Thames  Valley 168 

Mattagami  Region 169 

Metropolitan  Toronto  and  Region 170 

Nickel  District    171 

North  Grey 172 

Nottawasaga  Valley 173 

Otonabee  Region 174 

Rideau  Valley 175 

St.  Clair  Region 176 

Sauble  Valley 177 

Saugeen  Valley 178 

South  Lake  Simcoe 179 

Upper  Thames  River 180 

Consumer  Protection  Act 

General  181 

Consumer  Reporting  Act 

General  182 

Co-operative  Corporations  Act 

General  183 

Co-operative  Loans  Act 

General 184 

Coroners  Act 

General 185 


XIV  TABLE  OF  REGULATIONS 

Corporations  Act 

Evidence  of  Bona  Fides  on  Applications 186 

General  187 

Insider  Trading  and  Proxy  Solicitation   188 

Corporations  Information  Act 

General  189 

Corporation  Securities  Registration  Act 

Fees  190 

Corporations  Tax  Act 

General  191 

Costs  of  Distress  Act 

Costs   192 

County  Judges  Act 

County  and  District  Court  Districts 193 

Credit  Unions  and  Caisses  Populaires  Act 

Credit  Union  Leagues 194 

General  195 

Mennbership  in  Credit  Unions  196 

Crop  Insurance  Act  (Ontario) 

Arbitration  Proceedings 197 

Crop  Insurance  Plan 

Apples 198 

Beets  199 

Black  Tobacco 200 

Burley  Tobacco 201 

Cabbage  and  Carrots   202 

Cauliflower 203 

Coloured  Beans   204 

Corn 205 

Flue-Cured  Tobacco 206 

Fresh  Market  Crops 207 

Grapes 208 

Green  and  Wax  Beans  209 

Hay  and  Pasture 210 

Hay  Seeding  Establishment  211 

Lima  Beans   212 

Onions  Grown  from  Seed 213 

Onions  Grown  from  Sets 214 

Peaches 215 

Pears  216 

Peas 217 

Peppers 218 

Plums 219 

Seed  Corn 220 

Sour  Cherries   221 

Soybeans  222 

Spring  Grain   223 

Sweet  Cherries 224 

Sweet  Corn    225 

Tomatoes 226 

Vine  Crops 227 

White  Beans 228 

Winter  Wheat   229 

Designation  of  Insurable  Crops 230 

General  231 

Crown  Employees  Collective  Bargaining  Act 

General  232 

Rules  of  Procedure   233 


TABLE  OF  REGULATIONS  XV 

Crown  Timber  Act  REG. 

General  234 


VOLUME  3 

D 

Day  Nurseries  Act 

General  235 

Dead  Animal  Disposal  Act 

General  236 

Dental  Technicians  Act 

General  237 

Denture  Therapists  Act 

General  238 

Deposits  Regulation  Act 

General  239 

Development  Corporations  Act 

Approval  of  Loans  and  Guarantees  240 

Ontario  International  Corporation 241 

Developmental  Services  Act 

General  242 

District  Welfare  Administration  Boards  Act 

Application  for  Grant  Under  Section  10  of  the  Act  243 

Dog  Licensing  and  Live  Stock  and  Poultry  Protection  Act 

Application  for  Payment  of  a  Grant 244 

Dogs  at  Large  in  Unorganized  Areas 245 

Drainage  Act 

Forms 246 

Rules  of  Practice  and  Procedure  to  be  followed  in  all  Proceedings  before  the 

Referee   247 

Drugless  Practitioners  Act 

Chiropractors 248 

Classifications 249 

General  250 

Masseurs   251 

Osteopaths 252 

Physiotherapists 253 


Edible  Oil  Products  Act 

General  254 

Education  Act 

Calculation  of  Amount  of  Reserve  or  Reduction  in  Requirement  Resulting 

from  Strike  or  Lock-out   255 

Calculation  of  Average  Daily  Enrolment 256 

County  Combined  Separate  School  Zones 257 

Designation  of  School  Divisions  in  Territorial  Districts  258 

District  Combined  Separate  School  Zones 259 

District  School  Areas 260 

Early  School  Leaving    261 


XVI  TABLE  OF  REGULATIONS 

Education  Act — Continued  reg. 
Elementary  and  Secondary  Schools  and  Schools  for  Trainable  Retarded 

Children — General  262 

Fees  for  Ministry  Courses 263 

Fees  for  Transcripts  and  Statements  of  Standing  and  for  Duplicates  of  Diplomas, 

Certificates  and  Letters  of  Standing 264 

James  Bay  Lowlands  Secondary  School  Board 265 

Legislative  Grants   266 

North  of  Superior  District  Roman  Catholic  Separate  School  Board 267 

Ontario  Schools  for  the  Blind  and  the  Deaf 268 

Ontario  Teacher's  Qualifications 269 

Practice  and  Procedure — Boards  of  Reference  270 

Pupil  Records   271 

Purchase  of  Milk 272 

School  Year  and  School  Holidays 273 

Special  Education  Programs  and  Services 274 

Special  Grant 275 

Supervisory  Officers 276 

Teachers'  Contracts 277 

Elderly  Persons  Centres  Act 

General  278 

Election  Act 

Fees  and  Expenses  279 

Employment  Agencies  Act 

General  28Q 

Employment  Standards  Act 

Ambulance  Service  Industry 281 

Benefit  Plans 282 

Domestics  and  Nannies 283 

Fruit,  Vegetable  and  Tobacco  Harvesters 284 

General  285 

Termination  of  Employment 286 

Endangered  Species  Act 

Endangered  Species 287 

Energy  Act 

Fuel  Oil  Code 288 

Gas  Pipeline  Systems 289 

Gas  Utilization  Code 290 

Oil  Pipeline  Transportation  Systems  291 

Propane  Storage,  Handling  and  Utilization  Code 292 

Environmental  Assessment  Act 

General  293 

South  Cayuga  Sewage  Works  and  Waste  Disposal  Sites  294 

Environmental  Protection  Act 

Air  Contaminants  from  Ferrous  Foundries 295 

Ambient  Air  Quality  Criteria 296 

Asphalt  Paving  Plants 297 

Classes  of  Contaminants — Exemptions 298 

Containers 299 

Containers  for  Carbonated  Soft  Drinks 300 

Copper  Cliff  Smelter  Complex 301 

Crown  Waste  Disposal  Sites 302 

Deep  Well  Disposal 303 

Designation  of  Waste 304 

Discharge  of  Sewage  From  Pleasure  Boats 305 

Disposable  Containers  for  Milk 306 

Disposable  Paper  Containers  for  Milk 307 


TABLE  OF  REGULATIONS  XVU 

Environmental  Protection  Act — Continued  REG. 
General 

Air  Pollution 308 

Waste  Management   309 

Marinas 310 

Motor  Vehicles  311 

Sewage  Systems  (see  Supplement  to  Revised  Regulations  of  Ontario,  1980) 

Sulphur  Content  of  Fuels 312 

Transfers  of  Liquid  Industrial  Waste   313 

Expropriations  Act 

Co-operative  Development — North  Pickering   314 

Forms 315 

Rules  of  Practice  and  Procedure  of  the  Land  Compensation  Board 316 

Rules  to  be  applied  for  the  Purposes  of  Subsection  34  (1)  of  the  Act 317 


Family  Benefits  Act 

General  318 

Family  Law  Reform  Act 

Designation  of  Matrimonial  Home — Forms 319 

Farm  Income  Stabilization  Act 

Corn  Stabilization,  1 979-1 981— Plan 320 

Soybean  Stabilization,  1979-1981— Plan 321 

Weaner  Pig  Stabilization,  1980-1985— Plan   322 

White  Bean  Stabilization,  1979-1981— Plan   323 

Winter  Wheat  Stabilization,  1979-1981  —Plan 324 

Farm  Products  Containers  Act 

Fruit  and  Vegetables 325 

Farm  Products  Grades  and  Sales  Act 

Burley  Tobacco 326 

Dairy  Products 327 

Flue-Cured  Tobacco 328 

Fruit-Controlled  Atmosphere  Storage  329 

Grades 

Beef  Carcasses  330 

Christmas  Trees 331 

Fruit  and  Vegetables 332 

Hog  Carcasses 333 

Lamb  and  Mutton  Carcasses  334 

Poultry 335 

Veal  Carcasses  336 

Honey   337 

Licences   338 

Maple  Products 339 

Farm  Products  Marketing  Act 

Apples 

Plan   340 

Marketing 341 

Arbitration  of  Disputes 342 

Asparagus 

Plan   343 

Marketing 344 

Beans 

Plan    345 

Marketing 346 


XVIU  TABLE  OF  REGULATIONS 

Farm  Products  Marketing  Act — Continued  reg. 

Berries  for  Processing 

Plan    347 

Marketing 348 

Broiler  Chickens  and  Roaster  Chickens 

Plan    349 

Marketing 350 

Burley  Tobacco 

Plan    351 

Marketing 352 

By-Laws  for  Local  Boards  353 

Chicken 

Extension  of  Powers 354 

Eggs 

Extension  of  Powers 355 

Plan    ' 356 

Marketing 357 

Marketing  Limitations 358 

Fresh  Grapes 

Plan    359 

Marketing 360 

Fresh  Potatoes 

Plan   361 

Marketing 362 

Grapes  for  Processing 

Plan   363 

Marketing 364 

Greenhouse  Vegetables 

Plan    365 

Marketing 366 

Hogs 

Plan    367 

Marketing 368 

Local  Boards  369 

Potatoes 

Plan    370 

Marketing 371 

Processing  Tomato  Seedling  Plants 

Plan    372 

Marketing 373 

Rutabagas 

Plan   374 

Marketing 375 

Seed  Corn 

Plan    376 

Marketing 377 

Soya-Beans 

Plan    378 

Marketing 379 

Tender  Fruit 

Plan    380 

Marketing 381 

Tobacco 

Plan   382 

Marketing 383 

Turkeys 

Plan   384 

Marketing 385 

Marketing  Limitations 386 

Vegetables  for  Processing 

Plan   387 

Marketing 388 

Wheat 

Plan    389 

Marketing 390 


TABLE  OF  REGULATIONS  xix 

Farm  Products  Payments  Act  REG. 

General  391 

Fire  Departments  Act 

Filing  in  Supreme  Court  of  Decision  of  Arbitrator  or  Arbitration  Board 392 

Standards  for  Pumpers   393 

Fire  Marshals  Act 

General  394 

Fish  Inspection  Act 

Quality  Control  395 

Forest  Fires  Prevention  Act 

Fire  Regions 396 

Forestry  Act 

Nurseries   397 

Freshwater  Fish  Marketing  Act  (Ontario) 

General  398 

Funeral  Services  Act 

General  399 

Fur  Farms  Act 

General  400 


G 

Game  and  Fish  Act 

Animals  Declared  to  be  Fur-Bearing  Animals 401 

Aylmer  Lagoon  Hunting  Area 402 

Bag  Limit  for  Black  Bear   403 

Bobwhite  Quail,  Wild  Turkey  and  Pheasant — Propagation  and  Sale 404 

Bows  and  Arrows 405 

Bullfrogs 406 

Camden  Lake  Hunting  Area   . ._ 407 

Copeland  Forest  Hunting  Area 408 

Crown  Game  Preserves 409 

Discharge  of  Fire-Arms  From  or  Across  Highways  and  Roads  410 

Discharge  of  Fire-Arms  on  Sunday 411 

Fire-Arms — Aulneau  Peninsula   412 

Fishing  Huts 413 

Fishing  Licences 414 

Furs   415 

Game  Bird  Hunting  Preserves  416 

Guides 417 

Hunter  Safety  Training  Course 418 

Hunting  in  Lake  Superior  Provincial  Park 419 

Hunting  Licences  420 

Hunting  on  Crown  Lands  in  the  Geographic  Townships  of  Bruton  and  Clyde 421 

Hunting  on  Designated  Crown  Land  and  in  Provincial  Parks 422 

Lake  St.  Lawrence  Hunting  Area 423 

Licence  to  Possess  Nets 424 

Luther  Marsh  Hunting  Area   425 

Open  Seasons 

Black  Bear 426 

Fur-Bearing  Animals 427 

Moose  and  Deer 428 

Orangeville  Reservoir  Hunting  Area 429 

Permit  to  Export  Game 430 

Polar  Bears 431 

Possession  and  Use  of  Fire-Arms  in  Darlington  Provincial  Park 432 


XX  TABLE  OF  REGULATIONS 

Game  and  Fish  Act — Continued  reg. 

Sale  of  Bass  and  Trout  and  Fishing  Preserves 433 

Snares  (see  Supplement  to  Revised  Regulations  of  Ontario,  1980) 

Stag  Island  Hunting  Area 434 

Tiny  Marsh  Hunting  Area    435 

Trap-Line  Areas   436 

Waters  Set  Apart — Frogs 437 

Wolves  and  Black  Bears  in  Captivity  438 

VOLUME  4 

Gasoline  Handling  Act 

Gasoline  Handling  Code    439 

Gasoline  Tax  Act 

General  440 

General  Welfare  Assistance  Act 

General  441 

Indian  Bands 442 

Grain  Elevator  Storage  Act 

General  443 

Guarantee  Companies  Securities  Act 

Approved  Guarantee  Companies  444 

H 

Health  Disciplines  Act 

Child  Resistant  Packages 445 

Dental  Hygienists 446 

Dentistry 447 

Medicine 448 

Nursing 449 

Optometry   450 

Parcost  C.D.I,  (see  Supplement  to  Revised  Regulations  of  Ontario,  1980) 

Pharmacy 451 

Health  Insurance  Act 

General 452 

Highway  Traffic  Act 

Allowable  Gross  Weight  for  Designated  Class  of  Vehicle 453 

Appeals 454 

Covering  of  Loads 455 

Dangerous  Loads 456 

Demerit  Point  System 457 

Designation  of  Highways 458 

Designation  of  Paved  Shoulders  on  King's  Highway  459 

Driver  Improvement  Program    460 

Driver  Licence  Examinations   461 

Drivers'  Licences   462 

Driver's  Licence  Suspension  for  Default  of  Payment  of  Fine 463 

Driving  Instructor's  Licence 464 

Equipment  465 

Exemption  from  the  Provisions  of  Sections  7  and  10  of  the  Act — States  of  the 

United  States  of  America 466 

Exemption  from  the  Provisions  of  Subsection  68  (1)  of  the  Act — Province  of 

Alberta 467 

Garage  Licences 468 

General  469 

Gross  Vehicle  Weights 470 


TABLE  OF  REGULATIONS  XXI 

Highway  Traffic  Act — Continued  REG 

Gross  Weight  on  Bridges 471 

Highway  Closings   472 

Load  Limits  (see  Supplement  to  Revised  Regulations  of  Ontario,  1980) 

Load  Limits  on  Local  Roads  Within  Local  Roads  Areas 473 

Motor  Vehicle  Inspection  Stations   474 

Notice  to  Have  Motor  Vehicle  Examined  and  Tested 475 

Over-Dimensional  Farm  Vehicles   476 

Parking    477 

Portable  Lane  Control  Signal  Systems  478 

Reciprocal  Suspension  of  Licences 479 

Restricted  Use  of  Left  Lanes  by  Commercial  Motor  Vehicles 480 

Restricted  Use  of  the  King's  Highway 481 

Safety  Helmets 482 

Safety  Inspections 483 

School  Buses J^84 

Seat  Belt  Assemblies,^ '485'' 

Signs  486 

Slow-Moving  Vehicle  Sign   487 

Special  Permits 488 

Specifications  and  Standards  for  Trailer  Couplings   489 

Speed  Limits 490 

Speed  Limits  in  Provincial  Parks 491 

Stopping  of  Vehicles  on  Parts  of  the  King's  Highway   492 

Stop  Signs  at  Intersections 493 

Tire  Standards  and  Specifications   494 

Use  of  Controlled-Access  Highways  by  Pedestrians 495 

Vehicles  on  Controlled-Access  Highways 496 

Historical  Parks  Act 

Historical  Parks — Fees 497 

Parks   498 

Homemakers  and  Nurses  Services  Act 

General  499 

Homes  for  Retarded  Persons  Act 

General  500 

Homes  for  Special  Care  Act 

General  501 

Homes  for  the  Aged  and  Rest  Homes  Act 

General  502 

Hospital  Labour  Disputes  Arbitration  Act 

Remuneration  of  Chairmen  and  Members  of  Arbitration  Boards 503 

Rules  of  Procedure   504 

Hotel  Fire  Safety  Act 

General  505 

Housing  Development  Act 

General  506 

Hunter  Damage  Compensation  Act 

General  507 

Hypnosis  Act 

Application  of  Section  2  of  the  Act 508 

I 

Income  Tax  Act 

General  509 


XXll  TABLE  OF  REGULATIONS 

Industrial  Standards  Act  reg. 

Designation  of  Industries  and  Zones 510 

Duties  of  Employers  and  Advisory  Committees 511 

Interprovincially  Competitive  Industries 512 

Publication  Costs 513 

Schedule 

Bricklaying  and  Stonemasonry  Industry — Ottawa  514 

Bricklaying  and  Stonemasonry — Toronto 515 

Electrical  Repair  and  Construction  Industry — Ottawa 516 

Electrical  Repair  and  Construction  Industry — Toronto  517 

Fur  Industry — Ontario 518 

Ladies'  Cloak  and  Suit  Industry — Ontario 519 

Ladies'  Dress  and  Sportswear  Industry 520 

Lathing  Industry — Ottawa  521 

Men's  and  Boys'  Clothing  Industry — Ontario    522 

Painting  and  Decorating  Industry — Ottawa   523 

Plastering  Industry — Ottawa 524 

Plumbing  and  Heating  Industry — Ottawa 525 

Plumbing  and  Heating  Industry — Toronto  526 

Sheet-Metal  Work  Construction  Industry — Ottawa   527 

Insurance  Act 

Agents'  Licences 528 

Classes  of  Insurance 529 

General  530 

Life  Companies  Special  Shares — Investment   531 

Order  under  Paragraph  1  of  Subsection  85  (2)  of  the  Act — Rates  of  Interest  532 

Replacement  of  Life  Insurance  Contracts 533 

Schedule  of  Fees  534 

Uninsured  Automobile  Coverage  535 

Variable  Insurance  Contracts  of  Life  Insurers  536 

Interpretation  Act 

Fees  Payable  under  Various  Acts  537 

Investment  Contracts  Act 

Registration  538 


VOLUME  5 

J 

Judicature  Act 

Salaries  and  Benefits  of  Masters 539 

Judicature  Act  and  Matrimonial  Causes  Act 

Rules  of  Practice 540 

Junior  Farmer  Establishment  Act 

Application  for  Bank  Loan 541 

General  542 

Juries  Act 

General 543 


Labour  Relations  Act 

General  544 

Office  of  the  Board   545 

Rules  of  Procedure   546 


TABLE  OF  REGULATIONS  XXlll 

Landlord  and  Tenant  Act  reg. 

Classes  of  Accommodation  Deemed  Not  to  be  Residential  Premises 547 

Forms 548 

Summary  of  Part  IV  of  the  Act 549 

Land  Titles  Act 

Application  of  Act   550 

Fees  551 

General  552 

Land  Titles  Divisions    553 

Surveys  and  Descriptions  of  Land   554 

Land  Transfer  Tax  Act 

Affidavits 555 

Commercial  Recreational  Property 556 

Consolidated  Affidavit  of  Residence  and  Value  of  Consideration 557 

Delegation  of  Authority  558 

Exemption(s): 

For  Certain  Final  Orders  of  Foreclosure  and  for  Inter-corporate  Transfers  of 

Land 559 

For  Certain  Easements  Granted  to  Oil  or  Gas  Pipe  Lines  560 

For  Certain  Insurance  Companies 561 

For  Certain  Inter-Spousal  Transfers 562 

For  Conveyance  to  Family  Farm  Corporation  or  Family  Business  Corporation  563 
For  Conveyance  to  Non-Resident  Persons  and  Persons  who  are  not  Non-Resi- 
dent Persons 564 

Final  Orders  of  Foreclosure 565 

Forms 566 

Leases 567 

Minister  Authorized  to  Exempt  and  Refund 568 

Notice  of  Purchaser's  Lien  for  Default 569 

Rates  of  Interest 570 

Taxation  of  Mineral  Lands 571 

Transfers  Between  Related  Corporations 572 

Law  Society  Act 

General  573 

Law  Foundation  574 

Legal  Aid  Act 

General  575 

Legislative  Assembly  Retirement  Allowances  Act 

General  576 

Lightning  Rods  Act 

General  577 

Limited  Partnerships  Act 

General  578 

Line  Fences  Act 

Forms 579 

Liquor  Control  Act 

General  580 

Liquor  Licence  Act 

General  581 

Live  Stock  and  Live  Stock  Products  Act 

Eggs 582 

Processed  Egg 583 

Wool 584 


XXIV  TABLE  OF  REGULATIONS 

Live  Stock  Branding  Act  reg. 

Forms 585 

Live  Stock  Community  Sales  Act 

General  586 

Live  Stock  Medicines  Act 

General  587 

Loan  and  Trust  Corporations  Act 

Approved  Trust  Companies   588 

Common  Trust  Funds 589 

Financial  Standards 

Loan  Corporations 590 

Trust  Companies   591 

Financial  Statements 592 

Loan  Corporations  Special  Shares 

Investment 593 

Schedule  of  Fees  594 

Subordinated  Notes 

Loan  Corporation 595 

Trust  Company 596 

Trust  Company  Special  Shares 

Investment 597 

Local  Roads  Boards  Act 

Establishment  of  Local  Roads  Areas 

Northern  and  Eastern  Region 598 

Northwestern  Region 599 

General  600 

Local  Services  Boards  Act 

Local  Services  Board 

Community  of  Armstrong 601 

Community  of  Foleyet   602 

Community  of  Gogama  603 

Community  of  Hudson 604 

Community  of  Madsen 605 


M  i^ 

Marriage  Act 

General  606 

Meat  Inspection  Act  (Ontario) 

General  607 

Mechanics'  Lien  Act 

General  608 

Mental  Health  Act 

Application  of  Act   609 

Grants  610 

Mental  Hospitals  Act 

General  611 

Milk  Act 

By-Laws  for  Marketing  Boards 612 

Cheese 

Exchanges  613 

Information  to  be  Furnished 614 

Marketing 615 

Marketing — Exemptions 616 


TABLE  OF  REGULATIONS  XXV 

Milk  Act— Continued 

Cream  for  Processing  ''^*^- 

Plan    617 

Marketing 618 

Cream  Producers 

Licences   619 

Grade  A  iVlilk 

Marketing 620 

Producers 621 

Grades,  Designations,  Classes  and  Labelling  622 

Industrial  Milk 

Marketing 623 

Marketing  Boards 624 

Milk 

Marketing 625 

Marketing— Classes  3,  4,  4a,  4b,  4c,  5,  5a  and  6  626 

Transportation 627 

Milk  and  Cheese 

Plan    628 

Milk  and  Milk  Products 629 

Milk  Producers 

Licences   630 

Reconstituted  Milk 

General  631 

Mining  Act 

Assay  Coupons 632 

Exploratory  Licences  and  Leases  for  Oil  and  Natural  Gas  North  of  the  Fifty-First 

Parallel  of  Latitude 633 

Exploratory  Licences  and  Production  Leases  For  Natural  Gas  in  Lake  Erie 634 

Forms 635 

Mining  Divisions 636 

Refinery  Licences 637 

Surveys  of  Mining  Claims 638 

Mining  Tax  Act 

General  639 

Ministry  of  Colleges  and  Universities  Act 

Colleges  of  Applied  Arts  and  Technology 

Boards  of  Governors  and  Council  of  Regents 640 

Colleges   641 

Graduate  Scholarships 642 

Ontario  Special  Bursary  Program 643 

Ontario  Student  Loans 644 

Ontario  Student  Loans 645 

Ontario  Study  Grant  Plan    646 

Ministry  of  Community  and  Social  Services  Act 

Social  Assistance  Review  Board  647 

Ministry  of  Consumer  and  Commercial  Relations  Act 

Fees  648 

Ministry  of  Correctional  Services  Act 

General  649 

Intermittent  Sentences 650 

Ministry  of  Culture  and  Recreation  Act 

Grants  for  Non-Profit  Camps  651 

Municipal  Recreation  Directors'  Certificates  and  Arena  Managers'  Certificates  . . .  652 

Programs  of  Recreation 653 


XXVI  TABLE  OF  REGULATIONS 

Ministry  of  Health  Act  reg. 

Bursaries  and  Fellowships  for  Health  Study  654 

Chest  Diseases  Control  Clinics 655 

District  Health  Councils  656 

Grant — Special   657 

Grants — Health  Resources 658 

Special  Grant 659 

Special  Grant 660 

Standard  Ward  Accommodation 661 

Mortgage  Brokers  Act 

General  662 

Mortmain  and  Charitable  Uses  Act 

Licences  and  Fees  663 

Motor  Vehicle  Accident  Claims  Act 

General  664 

Motor  Vehicle  Dealers  Act 

General  665 

Motor  Vehicle  Fuel  Tax  Act 

Forms 666 

General  667 

Motorized  Snow  Vehicles  Act 

Designations  668 

General  669 

Motorized  Snow  Vehicle  Operators'  Licences 670 

Municipal  Act 

Designation(s): 

Agricultural  Research  Stations 671 

Correctional  Institutions 672 

Facilities  under  the  Developmental  Services  Act 673 

Municipalities  674 

Provincial  Education  Institutions 675 

Provincial  Mental  Health  Facilities  and  Public  Hospitals  676 

Universities  677 

Pension  Plan  for  Municipal  Employees 678 

Revision  and  Certification  of  Assessment  Commissioner's  List   679 

Municipal  Affairs  Act 

Municipal  Auditors   680 

Tax  Arrears  and  Tax  Sale  Procedures 

(see  Supplement  to  Revised  Regulations  of  Ontario,  1980) 

Municipal  Elections  Act 

Forms 681 

Use  of  Voting  Recorders  682 


VOLUMES 
N 

Niagara  Escarpment  Planning  and  Development  Act 

Designation  of  Area  of  Development  Control 683 

Designation  of  Planning  Area 684 

Development  Within  the  Development  Control  Area  685 

Niagara  Parks  Act 

General  686 


TABLE  OF  REGULATIONS  XXVii 

Non-Resident  Agricultural  Land  Interests  Registration  Act                            !  ■  reg. 

General 687 

North  Pickering  Development  Corporation  Act 

North  Pickering  Planning  Area 688 

Notaries  Act 

Fees  689 

Nursing  Homes  Act 

General  690 


O 

Occupational  Health  and  Safety  Act 

Construction  Projects  691 

Industrial  Establishments 692 

Inventory  of  Agents  or  Combination  of  Agents  for  the  Purpose  of  Section  21  of  the 

Act   693 

Mines  and  Mining  Plants 694 

Official  Notices  Publication  Act 

Rates  695 

Oleomargarine  Act 

General  696 

Ombudsman  Act 

General  Rules  697 

Ontario  Agricultural  Museum  Act 

Fees  698 

General 699 

Ontario  Energy  Board  Act 

General  700 

Rules  of  Procedure   701 

Uniform  System  of  Accounts  for  Gas  Utilities  Class  A 702 

Ontario  Food  Terminal  Act 

Composition  and  Procedure  of  Board 703 

Conduct  of  Business 704 

Rental  Fees  for  Delivering  or  Discharging  Produce 705 

Ontario  Guaranteed  Annual  Income  Act 

Forms 706 

General  707 

Guaranteed  Income  Limit  708 

Ontario  Heritage  Act 

Archaeological  Sites 709 

Historic  Sites 710 

Grants  and  Loans 711 

Grants  to  Incorporated  Historical  Societies  and  Associations  712 

Grants  for  Museums 713 

Grants  for  Plaguing 714 

Licences   715 

Ontario  Highway  Transport  Board  Act 

Rules  of  Procedure   716 

Ontario  Human  Rights  Code 

Form  of  Complaint 717 


XXVlll  TABLE  OF  REGULATIONS 

Ontario  Institute  for  Studies  in  Education  Act  reg. 

General  718 

Ontario  Lottery  Corporation  Act 

General  719 

Ontario  Mineral  Exploration  Program  Act 

General  720 

General  721 

Ontario  Municipal  Board  Act 

Procedure 722 

Tariff  of  Fees 723 

Ontario  Municipal  Employees  Retirement  System  Act 

General  724 

Ontario  Municipal  Improvement  Corporation  Act 

Procedure 725 

Ontario  New  Home  Warranties  Plan  Act 

Administration  of  the  Plan    726 

Designation  of  Corporation 727 

Terms  and  Conditions  of  Registration  of  Builders  and  Vendors 728 

Ontario  Pensioners  Property  Tax  Assistance  Act 

Definition— "Rent  Paid" 729 

General  730 

General  731 

Ontario  Place  Corporation  Act 

Fees  732 

Ontario  Telephone  Development  Corporation  Act 

Composition  and  Procedures  of  Corporation   733 

Ontario  Unconditional  Grants  Act 

General  734 

Ontario  Universities  Capital  Aid  Corporation  Act 

Designated  Universities 735 

Ontario  Water  Resources  Act 

Plumbing  Code 736 

Rate  of  Interest 737 

South  Cayuga  Sewage  Works  738 

Water  Wells 739 

Operating  Engineers  Act 

General  740 

Ophthalmic  Dispensers  Act 

General  741 


P 

Paperback  and  Periodical  Distributors  Act 

General  742 

Parks  Assistance  Act 

General  743 

Parkway  Belt  Planning  and  Development  Act 

Parkway  Belt  Planning  Area  744 


TABLE  OF  REGULATIONS  XXIX 

Partnerships  Registration  Act  REG. 

General  745 

Pension  Benefits  Act 

General  746 

Personal  Property  Security  Act 

Branch  Offices 747 

Fees  Concerning  Security  Documents 748 

General  749 

Personal  Property  Security  Assurance  Fund 750 

Pesticides  Act 

General  751 

Petroleum  Resources  Act 

Exploration,  Drilling  and  Production   752 

Spacing  Units 

Arthur  Pool 753 

Clearville 754 

Colchester  South  755 

Courtright  Pool 756 

Coveny  Pool 757 

Dawn  4-28-1 1 1  Pool 758 

Dawn  and  Sombra  (Townships  of) 759 

Duncannon  Pool 760 

Egremont  (Township  of)  761 

Ekfrid  Pool  762 

General  Dawn  5-27-1 1 1  Pool   763 

Gosfield  South  (Township  of)   764 

Hemlock  Pool   765 

Innerkip  East  Pool  766 

Innerkip  Pool 767 

Ladysmith  Pool 768 

Maiden  (Township  of) 769 

Moore  (Township  of)    770 

Osborne  Pool 771 

Otter  Creek  East  Pool  772 

Otter  Creek  Pool 773 

Oxiey  Field 774 

Plympton  5-19-VI  Pool   775 

Ruscom  River  Pool    776 

St.  Patrick's  Pool 777 

Terminus  North  Pool 778 

Townsend  Pool 779 

Venison  Creek  Pool 780 

Verschoyle  West  Pool 781 

Wilsonville  Pool  782 

Wilsonville  South  Pool 783 

Pits  and  Quarries  Control  Act 

General  784 

Planning  Act 

Notice  Requirements 

Restricted  Area  By-laws 785 

Rules  of  Procedure 

Consent  Applications  786 

Minor  Variance  Applications 787 

Plant  Diseases  Act 

General  788 


XXX  TABLE  OF  REGULATIONS 

Police  Act 

Arbitration   789 

Equipment  790 

General — Discipline 791 

Municipal  Police  Forces 792 

Responsibility  of  Policing   793 

VOLUME  7 

Power  Corporation  Act 

Electrical  Safety  Code 794 

Fees  795 

Pension  and  Insurance  Plan  796 

Water  Heaters 797 

Prearranged  Funeral  Services  Act 

Trust  Accounts  798 

Private  Hospitals  Act 

General  799 

Private  Investigators  and  Security  Guards  Act 

General  800 

Private  Vocational  Schools  Act 

General  801 

Professional  Engineers  Act 

Consulting  Engineers  802 

Designation  of  Specialists 803 

General  804 

Practice  and  Procedure  for  Hearings 805 

Provincial  Court  (Civil  Division)  Project  Act 

Rules  of  the  Provincial  Court  (Civil  Division) 806 

Provincial  Courts  Act 

Observation  and  Detention  Homes 807 

Remuneration  of  Part-Time  Provincial  Judges 808 

Rules  of  Practice  and  Procedure  of  the  Provincial  Offences  Courts 809 

Rules  of  the  Provincial  Court  (Family  Division) 810 

Salaries  and  Benefits  of  Provincial  Judges  81 1 

Stenographic  Reporters 812 

Provincial  Land  Tax  Act 

Exemption   813 

General  814 

Provincial  Offences  Act 

Costs   815 

Extensions  of  Prescribed  Times 816 

Proceedings  Commenced  by  Certificate  of  Offence   817 

Rules  of  Practice  and  Procedure  on  Appeals  in  the  Court  of  Appeal  under  the 

Provincial  Offences  Act   818 

Rules  of  Practice  and  Procedure  on  Appeals  in  the  County  and  District  Courts  and 

the  Provincial  Court  (Criminal  Division)  under  Section  99  of  the  Act   819 

Rules  of  Practice  and  Procedure  on  Appeals  in  the  Provincial  Court  (Criminal  Divi- 
sion) under  Section  1 18  of  the  Act 820 

Provincial  Parks  Act 

Designation  of  Parks 821 

General  822 

Guides  in  Quetico  Provincial  Park 823 

Mining — Ojibway  Prairie  Provincial  Nature  Reserve 824 


TABLE  OF  REGULATIONS  XXXI 

Psychologists  Registration  Act  reg. 

General  825 

Public  Accountancy  Act 

Licence  Fee   826 

Public  Commercial  Vehicles  Act 

Carrying  Goods  in  Bond    827 

Conditions  of  Carriage 

Freight  Forwarders   828 

General  Freight  Carriers 829 

Livestock  Carriers 830 

Used  Household  Goods  Carriers 831 

General  832 

Public  Health  Act 

Application  of  Schedule  B  to  the  Public  Health  Act  to  Unorganized  Townships  . .  833 

Camps  in  Unorganized  Territory 834 

Capital  Grants  for  Community  Health  Facilities  835 

Communicable  Diseases  836 

Community  Health  Services 837 

Designation  of  Communicable  Diseases 838 

Designation  of  Human  Ailments 839 

Food  Premises   840 

Grants  to  Boards  of  Health 841 

Health  Units 

Areas  that  may  be  Included  in  Health  Units  842 

General  843 

Indigent  Patients 844 

Laboratories 845 

Pasteurization  Areas 846 

Pasteurization  Plants 847 

Plumbing  in  Unorganized  Territory  848 

Public  Swimming  Pools 849 

Qualifications  of  Medical  Officers  of  Health,  Public  Health  Inspectors  and  Public 

Health  Nurses 850 

Recreational  Camps 851 

Sanitary  Code  for  Unorganized  Territory 852 

Slaughterhouses  and  Meat  Processing  Plants   853 

Specimen  Collection  Centres 854 

X-Ray  Safety  855 

Public  Hospitals  Act 

Capital  Grants  for  the  Amalgamation  of  Hospital  Services 856 

Capital  Grants  for  Ambulance  Facilities  857 

Capital  Grants  for  Capital  Expenditures  that  will  Produce  Savings  in  Operating 

Costs   858 

Capital  Grants  for  Hospital  Construction  and  Renovation 859 

Capital  Grants  for  Local  Rehabilitation  and  Crippled  Children's  Centres 860 

Capital  Grants  for  Regional  Rehabilitation  Hospitals   861 

Capital  Grants  for  Teaching  Hospitals 862 

Classification  of  Hospitals 863 

Grants  to  Certain  Hospitals  for  Laboratory  Investigations 864 

Hospital  Management 865 

Public  Institutions  Inspection  Act 

Fees  and  Allowances  to  Panel  Members  866 

Public  Lands  Act 

Land  Use  Permits 867 

Restricted  Areas 

District  of  Algoma  868 

District  of  Kenora 869 

District  of  Kenora 870 

District  of  Kenora,  Patricia  Portion  871 


XXXll  TABLE  OF  REGULATIONS 

Public  Lands  Act — Continued 
Restricted  Areas — Continued 

Districts  of  Manitoulin  and  Sudbury   87 

District  of  Nipissing 87 

District  of  Nipissing 87 

District  of  Parry  Sound 87 

District  of  Rainy  River 87 

District  of  Sudbury — Townships  of  Kaplan  and  Wakami 87 

District  of  Thunder  Bay — Townships  of  Blackwell,  Conacher,  Forbes,  Goldie, 

Hagey,  Haines,  Laurie  and  the  Dawson  Road  Lots  87i 

Sale  and  Lease  of  Public  Lands 87J 

Public  Libraries  Act 

Grants  for  Public  Libraries 880 

Public  Service  Act 

General  881  i 

Public  Service  Superannuation  Act 

Designations  under  Section  31  of  the  Act  882 

Designations — General 883 

Public  Transportation  and  Highway  Improvement  Act 

Intersections  in  Unorganized  Territory   884 

Permits  885 

Use  of  Rest,  Service  or  Other  Areas 886 

Public  Trustee  Act 

General  887 

Public  Vehicles  Act 

General 888 


Race  Tracks  Tax  Act 

Rate  of  Tax 889 

Radiological  Technicians  Act 

General  890 

Real  Estate  and  Business  Brokers  Act 

General  891 

Reciprocal  Enforcement  of  Judgments  Act 

Application  of  Act   892 

Reciprocal  Enforcement  of  Maintenance  Orders  Act 

Reciprocating  States 893 

Registry  Act 

Canada  Lands 894 

Fees  895 

Forms  and  Records 896 

Registry  Divisions   897 

Surveys,  Plans  and  Descriptions  of  Land 898 

Regulations  Act 

General  899 

Residential  Tenancies  Act 

Exemption   900 

Fees  and  Forms  901 

Regions 902 


TABLE  OF  REGULATIONS  XXXlll 

4. 

Retail  Sales  Tax  Act  REG 

Definitions  by  Minister 903 

General  904 

Riding  Horse  Establishments  Act 

General  t^.^1;  905 


h 


VOLUME  8 
S 


St.  Clair  Parkway  Commission  Act 

General  906 

St.  Lawrence  Parks  Commission  Act 

Controlled  Access  Highways   907 

Highway  Vested  in  the  Commission   908 

Parks   909 

Securities  Act 

General  910 

Seed  Potatoes  Act 

Gdneral  911 

Shoreline  Property  Assistance  Act 

General  912 

Small  Business  Development  Corporations  Act 

Delegation  of  Powers 913 

Forms i..9»kHUi^ 914 

General  915 

Small  Claims  Courts  Act 

Courts 916 

Rules  of  Procedure   917 

Small  Claims  Courts  Judges 918 

Tariff  of  Fees 919 

Stock  Yards  Act 

Management 920 


Superannuation  Adjustment  Benefits  Act 

Designation  and  Review  Committee 

Caucus  Employees  Retirement  Plan 921 

Public  Service  Superannuation  Fund 922 

Retirement  Pension  Plan  of  Ryerson  Polytechnical  Institute 923 

Teachers'  Superannuation  Fund  924 

Surrogate  Courts  Act 
*  Rules  of  Practice — Surrogate  Court  925 

Surveyors  Act 

General  926 

Surveys  Act 

Monuments  927 

Survey  Methods 928 

The  Ontario  Co-ordinate  Systems 929 


XXXiv  TABLE  OF  REGULATIONS 

T  ■    :    ,.\i:> 

Teachers'  Superannuation  Act  reg 

General  930 

Theatres  Act 

General  931 

Tile  Drainage  Act 

General  932 

Tobacco  Tax  Act 

Forms 933 

General  934 

Toronto  Area  Transit  Operating  Authority  Act 

General  935 

Tourism  Act 

General  936 

Training  Schools  Act 

General  937 

Travel  Industry  Act 

General 938 


U 

Unified  Family  Court  Act 

Practice  and  Procedure 939 

Upholstered  and  Stuffed  Articles  Act 

General  940 


V 

Venereal  Diseases  Prevention  Act 

General  941 

Vital  Statistics  Act 

General  942 

Vocational  Rehabilitation  Services  Act 

General  943 


W 

Weed  Control  Act 

General  944 

Wild  Rice  Harvesting  Act 

General  945 

Wilderness  Areas  Act 

Wilderness  Areas 946 

Wine  Content  Act 

General  947 


TABLE  OF  REGULATIONS  XXXV 

Woodlands  Improvement  Act  REG. 

General  948 

Wool  Marketing  Act 

Licence  Fees 949 

Workmen's  Compensation  Act 

First-Aid  Requirements 950 

General  951 

Pension  Plan  952 


Reg.  235 


DAY  NURSERIES 


REGULATION  235 

under  the  Day  Nurseries  Act 


GENERAL 

1.  In  this  Regulation, 

(a)  "architect"  means  an  architect  who  is  a 
member  in  good  standing  of  the  Ontario 
Association  of  Architects; 

(b)  "charitable  corporation"  means  a  cor- 
poration without  share  capital  having 
objects  of  a  charitable  nature, 

(i)  to  which  Part  III  of  the  Cor- 
porations Act  applies,  or 

(ii)  that  is  incorporated  under  a  general 
or  special  Act  of  the  Parliament  of 
Canada ; 

(c)  "handicapped  children"  means  children  who 
have  a  physical  or  mental  impairment  that  is 
likely  to  continue  for  a  prolonged  period  of 
time  and  who  as  a  result  thereof  are  limited  in 
activities  pertaining  to  normal  living  as  ver- 
ified by  objective  psychological  or  medical 
findings  and  includes  children  with  a 
developmental  handicap; 

(d)  "parent"  means  a  person  with  whom  a 
dependent  child  resides  and  upon  whom 
the  child  is  dependent  for  support  and 
maintenance ; 

(e)  "person  in  need"  means, 

(i)  a  person  eUgible  for  benefit  under  the 
Family  Benefits  Act, 

(ii)  a  person  eligible  for  general  assistance 
under  the  General  Welfare  Assistance 
Act,  or 

(iii)  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  the  welfare 
administrator  in  accordance  with 
Form  7,  that  is  less  than  the  per 
diem  cost  of  providing  day  nursery 
services  or  private-home  day  care, 
as  the  case  may  be,  to  his  dependent 
child  or  dependent  children ; 

(/)  "professional  engineer"  means  a  profes- 
sional engineer  who  is  a  member  in  good 
standing  of  the  Association  of  Professional 
Engineers  of  the  Province  of  Ontario; 


(g)  "sup)ervisor"  means  a  person,  approved  by 
a  Director,  who  plans  and  directs  the 
program  of  a  day  nursery  and  who  is 
directly  in  charge  of  the  children.  O.  Reg. 
547/71,  s.  1;  O.  Reg.  148/74,  s.  1;  O.  Reg. 
826/74,  s.  1;  O.  Reg.  380/79,  s.  1  (1);  O.  Reg. 
380/79,  s.  2. 

2. — (1)  A  charitable  corporation  that  operates  or 
proposes  to  operate  a  day  nursery  for  handicapped  chil- 
dren is  a  class  of  corporation  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  corporation  that  may  be  approved  under  section 
6  of  the  Act.     O.  Reg.  380/79,  s.  3. 


BUILDING  AND  ACCOMMODATION 

3. — (1)  Ever>'  operator  appKang  for  a  licence  under 
section  1 1  of  the  Act  shall  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  municipality  or  the  reserve  of  a  band,  as 
the  case  may  be,  in  which  the  day  nursery  is 
located; 

{b)  any  rule,  regulation,  direction  or  order  of  the 
local  board  of  health  and  any  direction  or 
order  of  the  local  medical  officer  of  health; 

(c)  any  by-law  of  the  municipality  in  which  the 
day  nursery  is  located  or  any  by-law  of  the 
council  of  the  band  on  the  reserve  on  which 
the  day  nursery  is  located,  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  day  nursery  is  located  pursuant  to 
Part  III  of  the  Planning  Act  or  any  predeces- 
sor thereof  and,  where  the  day  nursery  is 
located  on  the  reserve  of  a  band,  any  by-law  of 


DAY  NURSERIES 


Reg.  235 


the  council  of  the  bcind  on  the  reserve  to  regu- 
late the  construction,  repair  or  use  of  build- 
ings; 

(e)  the  requirements  of  Regulation  87  of  Revised 
Regulations  of  Ontario,  1980  made  under  the 
Building  Code  Act;  and 

(/)  the  requirements  of  Regulation  794  of 
Revised  Regulations  of  Ontario,  1980  made 
under  the  Power  Corporation  Act.  O.  Reg. 
380/79,  s.  4. 

(2)  No  premises  shall  be  used  as  a  day  nursery 
until  a  letter  from  the  local  fire  chief  has  been 
received  by  a  Director  certifying  that  the  premises 
nu-et  all  the  requirements  of  any  statute,  regulation 
or  by-law  relating  to  the  protection  from  fire  of 
persons  using  the  premises.  R.R.O.  1970,  Reg.  160, 
s.  2  (2);  O.  Reg.  380/79,  s.  1  (1). 

4.  Before  a  new  building  is  erected  or  an  existing 
building  is  used,  altered  or  renovated  for  use  as  a  day 
nursery,  the  plans,  including  those  of  the  playground 
area  for  the  day  nursery  shall  be  approved  by  a  Director 
except  where  the  plans  are  approved  by  the  Minister 
under  section  21  and  provision  shall  be  made  for, 

(a)  adequate  space  for  play,  toilet,  washing, 
dressing,  eating  and  resting ; 

(b)  adequate  facilities  and  space  for, 

(i)  the  preparation  of  food, 

(ii)  an  office, 

(iii)  a   room   for   the   supervising  staff, 
and 

(iv)  the    temporary    isolation    of   child- 
ren; 

(c)  adequate  storage  space  for  food,  beds, 
bedding,  cleaning  equipment  and  medical 
supplies ; 

(d)  a  compact  layout  of  the  rooms  conducive 
to  easy  supervision  of  children,  but  avoid- 
ing unnecessary  halls  and  corridors ; 

(e)  except  in  the  case  of  a  day  nursery  for  handi- 
capped children  first  licensed  under  the  Act  on 
or  after  the  1st  day  of  January,  1972,  activity 
room  space  approved  by  the  Director  of  a 
minimum  of  2.8  square  metres  of  floor  space 
and  7  cubic  metres  of  air  space  for  every  child 
enrolled; 

(/)  in  the  case  of  a  day  nursery  for  handi- 
capped children  first  licensed  under  the  Act 
on  or  after  the  1st  day  of  January,  1972, 
a  minimum  activity  room  space  approved 
by  the  Director, 


(M) 


(i)  for  every  enrolled  child  up  to  and 
including  five  years  of  age  of  S.6 
square  metres  of  floor  space  and  14 
cubic  metres  of  air  space,  and 

(ii)  for  every  enrolled  child  six  years  of  age 
or  over,  up  to  and  including  eighteen 
years  of  age  of  7  square  metres  of  floor 
space  and  17.5  cubic  metres  of  air 
space, 

a  minimum  of  one  sleeping  room  in 
addition  to  activity  room  space  for  every 
ten  children  enrolled  under  two  years  of 
age; 


(h)  except  in  the  case  of  a  day  nursery  for 
handicapped  children  first  licensed  under 
the  Act  on  or  after  the  1st  day  of  January, 
1972,  a  minimum  of, 

(i)  two  separate  activity  rooms  where 
more  than  twenty-five  children  from 
two  to  five  years  of  age,  both  in- 
clusive, are  enrolled,  and 

(ii)  one  separate  activity  room  for  every 
thirty  children  enrolled  from  six  to 
nine  years  of  age,  both  inclusive ; 

(i)  in  the  case  of  a  day  nursery  for  handi- 
capped children  first  licensed  under  the  Act 
on  or  after  the  1st  day  of  January,  1972, 
a  minimum  of, 

(i)  activity  room  space  consisting  of 
two  separate  areas  where  not  more 
than  ten  children  are  enrolled,  and 

(ii)  one  additional  separate  area  of 
activity  room  space  for  every  addi- 
tional ten  children  enrolled ; 

(j)  in  the  case  of  a  day  nursery  for  handi- 
capped children  first  licensed  under  the  Act 
on  or  after  the  1st  day  of  January,  1972, 
the  separation  of  children  under  ten  years 
of  age  from  children  ten  years  of  age  to 
eighteen  years  of  age  and  where  one  build- 
ing is  used  for  both  of  the  said  age  groups, 
a  separate  entrance  for  each  of  the  said  age 
groups,  unless  the  Director  has  approved 
the  use  of  a  single  entrance  for  both  age 
groups ; 

{k)  adequate  ventilation,  lighting  and  heating 
of  all  rooms ; 

(/)  walls,  ceilings  and  floors  to  be  finished  in 
attractive  colours  and  with  materials  that 
are  easily  washable ; 

(m)  adequate  protection  for  children  in  respect 
of  exits,  radiators  or  other  heating  equip- 
ment and  other  hazards ; 

(n)  except  in  the  case  of  a  day  nursery  for 
handicapped  children  first  licensed  under 


Reg.  235 


DAY  NURSERIES 


the  Act  on  or  after  the  1st  day  of  January, 
1972,  the  location  of  all  rooms, 

(i)  for  the  use  of  children  under  six 
years  of  age,  on  or  below  the  second 
storey,  and 

(ii)  for  the  use  of  children  six  to  nine 
years  of  age,  both  inclusive,  on  or 
below  the  third  storey, 

unless   the   Director  otherwise   approves; 
and 

(o)  the  location  of  all  rooms  for  the  use  of 
children  on  or  below  the  second  storey  in 
the  case  of  a  day  nursery  for  handicapped 
children  first  licensed  under  the  Act  on  or 
after  the  1st  day  of  January,  1972,  unless 
the  Director  otherwise  approves.  O.  Reg. 
148/74,  s.  3;  O.  Reg.  380/79,  s.  5;  O.  Reg. 
636/80,  s.  1. 

5.  Every  day  nursery  shall  have  a  playground  and 
the  playground  shall, 

(o)  have  a  minimum  play  space, 

(i)  of  3.7  square  metres  separated  from 
the  play  space  of  older  children  for 
each  child  under  two  years  of  age,  in 
attendance, 

(ii)  of  5.6  square  metres  for  each  child 
from  two  years  of  age  or  over,  up  to 
and  including  six  years  of  age,  in 
attendance, 

(iii)  of  7  square  metres  for  each  child  from 
six  years  of  age  or  over,  up  to  and 
including  nine  years  of  age,  in  atten- 
dance, and 

(iv)  in  the  case  of  a  day  nursery  for  handi- 
capped children  first  licensed  under 
the  Act  on  or  after  the  1st  day  of 
January,  1972,  of  7  square  metres  for 
each  child  enrolled; 

(b)  be  fenced  on  all  sides  and  furnished  with 
gates  equipped  with  bolts  or  catches; 

(c)  be  suitably  surfaced  and  drained ; 

(d)  be  of  such  shape  as  to  make  constant 
supervision  of  the  children  possible; 

{e)  be  maintained  in  a  safe  and  sanitary  con- 
dition ;  and 

(/)  be  adequately  equipped  for  outdoor  pro- 
gram. R.R.O.  1970,  Reg.  160,  s.  4; 
O.  Reg.  547/71,  s.  4;  O.  Reg.  148/74, 
s.  4;  O.  Reg.  380/79,  s.  6;  O.  Reg.  636/80,  s.  2. 

EQUIPMENT  AND  FURNISHINGS 

6. — (1)  The  equipment  and  furnishings  of  a  day 
nursery  shall  include, 


(a)  tables  and  chairs  of  a  size  suitable  for  the 
children  enrolled ; 

(b)  cupboard  space  to  make  play  equipment 
easily  accessible  to  the  children; 

(c)  play  materials  and  equipment  in  sufficient 
quantity  for  the  number  of  children  en- 
rolled and  of  a  type  suitable  for  the  ages 
of  the  children  enrolled ; 

(d)  individual  washcloths,  towels  and  combs; 

(e)  individual  drinking  cups; 

(/)  individual  cubicles  or  hooks  arranged  in 
such  a  manner  that  each  child's  clothing 
can  be  kept  separate  and  within  easy 
reach  of  the  child; 

(g)  moisture-resistant  material  to  cover  mat- 
tresses; 

(h)  washable  covers  for  canvas  cots; 

(t)  sufficient  blankets  to  maintain  adequate 
warmth  for  the  children  during  the  rest 
period ; 

(j)  suitable  furnishings  in  the  office  and  staff 
room  for  the  efficient  administration  of 
the  nursery  and  adequate  comfort  of  the 
staff;  and 

{k)  a  cot,  child's  table  and  chair  in  the  isola- 
tion room.     O.  Reg.  547/71,  s.  5,  part. 

(2)  Except  for  a  day  nursery  for  handicapped 
children  first  licensed  under  the  Act  on  or  after  the 
1st  day  of  January,  1972,  the  equipment  and 
furnishings  of  a  day  nursery  shall  include, 

(a)  where  there  are  children  under  two  years 
of  age  enrolled, 

(i)  at  least  one  flush  toilet  or  hospital 
service  sink  and  a  table  or  counter 
space  for  dressing  for  ever\'  ten 
children  in  that  age  group  in  attend- 
ance, 

(ii)  adequate  storage  facilities  clearly 
marked  with  the  child's  name  for  the 
needs  of  every  child  in  that  age 
group,  and 

(iii)  a  crib  on  wheels  clearly  marked 
with  the  child's  name  for  every  child 
in  that  age  group; 

(b)  where  there  are  children  from  two  to  six 
years  of  age,  both  inclusive,  enrolled, 

(i)  at  least  one  wash  basin  and  flush 
toilet   for   every   fifteen   children   in 


DAY  NURSERIES 


Reg.  235 


that  age  group  in  attendance  with 
a  step  if  necessary  to  make  them 
accessible  to  the  children,  and 

(ii)  a  separate  cot  clearly  marked  with 
the  child's  name  for  every  child  in 
this  age  group  in  attendance  for  a 
full  day  session ;  and 

(c)  where  there  are  children  from  six  to  nine 
years  of  age,  both  inclusive,  enrolled, 

(i)  separate  washrooms  for  the  boys  and 
girls  in  that  age  group  and  at  least 
one  flush  toilet  and  wash  basin  in 
each  washroom  for  every  fifteen 
children  in  that  age  group  in  attend- 
ance, but  a  urinal  may  be  substi- 
tuted for  one  flush  toilet  in  the  boys' 
washroom  where  more  than  one  such 
toilet  is  required,  and 

(ii)  a  separate  cot  or  resting  pad  of 
adequate  thickness,  each  clearly 
marked  with  the  child's  name,  for 
every  child  in  that  ago  group  in 
attendance  for  a  full  day  session. 
O.  Reg.  547/71.  s.  5,  part;  O.  Reg. 
184/74,5.5(1). 

(3)  The  equipment  and  furnishings  of  a  day 
nursery  for  handicapped  children  first  licensed  under 
the  Act  on  or  after  the  1st  day  of  January,  1972, 
shall  include, 

(a)  at  least  two  flush  toilets,  two  hospital 
sinks  and  two  tables  or  counterspaces  for 
changing  or  dressing  for  every  fifteen 
children  enrolled  who  might  be  in  need  of 
these  hygienic  services,  unless  a  Director 
otherwise  approves; 

(6)  at  least  two  wash  basins  and  two  flush 
toilets  for  every  fifteen  children  enrolled, 
unless  a  Director  otherwise  approves; 

(c)  separate  washrooms  for  boys  and  girls  with 
at  least  one  flush  toilet  and  one  wash 
basin  in  each  washroom  and  at  least  one 
urinal  in  the  boys'  washroom ;  and 

{d)  adequate  storage  facilities  clearly  marked 
with  the  child's  name  for  the  needs  of  each 
child,  and 

(i)  a  separate  cot  clearly  marked  with 
the  child's  name ,  for  every  child 
under  six  years  of  age  in  attendance 
for  more  than  a  half  day  session, 
and 

(ii)  a  separate  cot  or  resting  pad  of 
adequate  thickness,  each  clearly 
marked  with  the  child's  name  for 
every    child    from   six    to   eighteen 


..M-w.  years  of  age  in  attendance  for  more 

than  a  half  day  session.  O.  Reg. 
547/71,  s.  5,  part;  O.  Reg.  148/74, 
s.  5  (2);  O.  Reg.  380/79,  s.  1  (1). 

MAINTENANCE 

7.  The  operator  shall  ensure  that  the  day  nursery, 

(a)   is  kept  in  a  clean  and  sanitary  condition; 

{h)  is  swept  and  dusted  at  times  when  the 
rooms  are  not  occupied  by  the  children ; 

(c)  is  kept  in  a  good  state  of  repair  in  respect 
of  premises  and  equipment ;  and 

{d)  is  adequately  lighted  and  ventilated  while 
being  used  by  the  children.  R.R.O.  1970, 
Reg.  160,  s.  6. 

ENROLMENT  AND   RECORDS 

8. — (1)  The  maximum  number  of  children  en- 
rolled in  a  day  nursery  shall  be  determined  by  the 
available  space  and  number  of  staff  required  by  this 
Regulation.    R.R.O.  1970,  Reg.  160,  s.  7  (1). 

(2)  The  operator  shall  keep  on  the  premises  of 
the  day  nursery  records  maintained  up  to  date  and 
available  for  inspection  at  all  times  that  shall 
include  in  respect  of  every  child  enrolled  in  the  day 
nursery, 

(a)  an  application  for  enrolment  in  Form  8  made 
by  the  parent  or  guardian  of  the  child; 

(b)  the  name,  home  address  and  date  of  birth  of 
the  child; 

(c)  the  names  and  home  address  of  the  parents  or 
guardian  of  the  child; 

{d)  the  place  at  which  a  parent  or  guardian  can 
be  reached  in  case  of  emergency  during  the 
hours  when  the  child  is  in  the  care  of  the  day 
nursery; 

(e)  the  date  of  admission  of  the  child; 

(/)  the  date  of  discharge  of  the  child; 

(g)  particulars  of  the  daily  attendance  of  the 
child; 

{h)  particulars  of  the  nutrition  and  monthly 
growth  of  every  child  who  is  under  two  years 
of  age; 

(i )  measurement  of  the  height  and  weight  of  the 
child; 

ij)  a  record  of  the  child's  previous  communi- 
cable diseases  and  immunization; 


Reg.  235 


DAY  NURSERIES 


(k 


recommendations  for  any  necessary  medical 
treatment; 


(/)  any  special  requirements  in  respect  of  diet, 
rest  or  exercise; 

(m)  the  name  and  address  of  the  family  physician 
of  the  child;  and 

in)  recommendations  for  individual  training 
programs  for  each  handicapped  child  en- 
rolled. R.R.O.  1970.  Reg.  160,  s.  7(2); 
O.  Reg.  547/71,  s.  6;  O.  Reg.  239/72, 
s.  1;  O.  Reg.  148/74,8.6. 

DAILY   PROCEDURE 

9. — (1)  The  operator  shall  establish  a  daily  time- 
table for  programs  suited  to  the  ages  of  the  children 
in  attendance  and  such  time-tables  shall  be  con- 
sistently followed. 

(2)  The  time-table  shall  be  available  for  inspection 
at  all  times  and  shall  list  the  program  of  outdoor 
and  indoor  play,  toilet  and  washroom  routine,  and 
meal  and  rest  periods.  R.R.O.  1970,  Reg.  160, 
s.  8  (1,  2). 

(3)  The  daily  program  for  the  children  in  the 
day  nursery  shall  be  conducted  so  that, 

(a)  each  child  in  attendance  under  the  age  of 
two  years  plays  or  sleeps  outdoors  for  at 
least  two  hours  when  the  weather  is  suitable 
unless  otherwise  advised  by  a  physician; 

(6)  each  child  more  than  two  years  of  age 
in  attendance  for  a  full  day  session  plays 
outdoors  for  at  least  two  hours  unless 
otherwise  advised  by  a  physician  and  has  a 
rest  period  of  at  least  one  hour; 

(c)  children  not  yet  able  to  walk  are  separated 
during  play  periods  from  other  children ; 

{d)  children  from  two  to  five  years  of  age, 
both  inclusive,  in  attendance  are  separated 
during  play  periods  from  older  children ; 

{e)  children  in  attendance  are  not  at  any  time 
to  be  left  without  staff  supervision ; 

(/)  corporal  punishment  of  the  children  is  not 
permitted;  and 

(g)  it  conforms  with  any  other  standards 
established  by  a  Director.  R.R.O.  1970, 
Reg.  160,  s.  8  (3);  O.  Reg.  547/71,  s.  7  (1); 
O.  Reg.  380/79,  s.  1  (1). 

(4)  The  program  in  a  day  nursery  for  handicapped 
children  shall  be  conducted, 

(a)  so  that  a  motivating  environment  is 
created ; 


(b)  to  allow  mobility  in  the  grouping  of  the 
children  and  flexibility  in  the  arrangement 
of  training  facilities ; 

(c)  so  that  adequate  areas  are  provided  for  the 
care  and  training  of  handicapped  children ; 

{d)  to  provide  sensory  training  and  the  learning 
of  functional  skills ; 

(e)  to  allow  for  both  individual  and  small 
group  training ;  and 

(/)  to  provide  physical  activities,  speech  and 
occupational    therapy.     O.    Reg.    148/74, 

s.  7. 


NUTRITION 
10. — (1)  The  operator  shall  provide, 

(a)  nourishment  for  any  child  under  two  years 
of  age  attending  the  day  nursery  in  accord- 
ance with  written  instructions  from  his 
parent  or  guardian  respecting  his  diet; 

(b)  except  in  the  case  of  a  day  nursery  for 
developmentally  handicapped  children,  a 
mid-day  meal  consisting  of  a  hot  lunch  for 
children  six  years  of  age  and  over  and  under 
ten  years  of  age,  who  attend  the  day  nursery 
for  more  than  six  hours  in  a  day; 

(c)  except  in  the  case  of  a  day  nursery  for 
developmentally  handicapped  children,  a 
mid-day  meal  consisting  of  a  full-course  hot 
dinner  for  children  two  years  of  age  and  over 
and  under  six  years  of  age  who  attend  the  day 
nursery  for  more  than  six  hours  a  day; 

(d)  a  mid-day  meal  consisting  of  a  full-course  hot 
dinner  for  children  up  to  eighteen  years  of  age 
who  attend  a  day  nursery  for  developmentally 
handicapped  children  for  more  than  a  half  day 
session;  and 

(e)  nourishing  food  at  such  other  times  or  inter- 
vals as  a  Director  may  require  for  any 
child  two  years  of  age  and  older  attend- 
ing the  day  nursery.  R.R.O.  1970,  Reg. 
160,  s.  9  (1);  O.  Reg.  547/71,  s.  8;  O.  Reg. 
148/74,  s.  8;  O.  Reg.  380/79,  s.  1  (1); 
O.  Reg.  380/79,  s.  7. 

(2)  The  preparation  of  food  for  the  children 
attending  a  day  nursery  shall  be  under  the  super- 
vision of  a  person  having  knowledge  of  the  nutritional 
needs  and  proper  eating  habits  of  young  children.. 

(3)  Menus  for  the  children  attending  a  day  nursery 
shall  be  prepared  at  least  one  week  in  advance  and 
shall  be  available  for  inspection  at  any  time.  K.K.O. 
1970,  Reg.  160,5.9(2,3). 


DAY  NURSERIES 


Reg.  235 


HEALTH   AND   MEDICAL  SUPERVISION 

11. — (1)  Before  his  admission  to  a  day  nursery 
and  from  time  to  time  thereafter  a  child  shall  be 
given  immunization  as  required  by  the  local  medical 
officer  of  health. 

(2)  A  daily  inspection  of  every  child  in  the  day 
nursery  shall  be  made  before  the  child  begins  to  asso- 
ciate with  other  children  by  a  person  familiar  with 
the  children  and  competent  to  recognize  the 
symptoms  of  communicable  disease  and  ill-health. 

(3)  If  a  child  in  a  day  nursery  develops  symptoms 
of  illness  he  shall  be  isolated  from  the  other  children, 
in  a  separate  room  reserved  for  the  purpose,  until 
he  can  be  examined  by  a  legally  qualified  medical 
practitioner  or  safely  removed. 

(4)  Where  a  serious  accident  or  illness  occurs  to 
a  child  in  a  day  nursery  the  supervisor  shall  forth- 
with, 

(a)  obtain    all   necessary   medical   assistance; 
and 

(b)  notify  the  parent  or  guardian  of  the  child, 
R.R.O.  1970,  Reg.  160,  s.  10  (1-4). 

(5)  The  operator  shall  keep  at  the  day  nursery  a 
first-aid  kit  readily  available  for  emergency  treat- 
ment and  fully  stocked  as  approved  by  a  Director. 
R.R.O.  1970,  Reg.  160,  s.  10  (5);  O.  Reg.  380/79,  s.  1 
(1). 

(6)  The  operator  shall  permit  at  any  time  inspec- 
tion of  the  day  nursery  by  the  local  medical  officer 
of  health  or  any  person  designated  by  him  and 
recommendations  made  for  the  health  and  nutrition 
of  a  child  shall  be  carried  out  by  the  staff  of  the  day 
nursery.     R.R.O.  1970,  Reg.  160,  s.  10  (6). 

12. — (1)  The  supervisor  of  a  day  nursery  shall 
establish  a  procedure  as  directed  by  a  nurse  registered 
under  Part  IV  of  the  Health  Disciplines  Act  or  by  a 
legally  qualified  medical  practitioner  for  the  adminis- 
tration of  any  drug  or  medication  prescribed  by  a  leg- 
ally qualified  medical  practitioner  for  any  child 
attending  the  day  nursery. 

(2)  The  supervisor  of  a  day  nursery  shall  keep 
in  a  locked  cupboard  all  drugs  and  medications  on 
the  premises  of  the  day  nursery  and  the  keys  to  such 
cupboard  shall  be  kept  in  his  custody  or  in  the 
custody  of  some  other  employee  of  the  nursery 
designated  by  him  and  the  person  having  custody  of 
the  keys  shall  be  responsible  for  the  removal  of 
any  drugs  or  medications  from  the  cupboard  and 
for  the  administration  in  accordance  with  the 
procedure  established  under  subsection  (1)  of  any  pre- 
scription drug  or  medication. 

(3)  A  daily  record  signed  by  the  supervisor  or 
person  having  custody  of  the  keys  shall  be  kept 
of  all  prescription  drugs  and  medications  showing 


the  amounts  dispensed  and  the  amounts  on  hand 
and  in  addition  there  shall  be  kept  all  records 
required  under  the  Narcotic  Control  Act  (Canada). 
O.Reg.  148/74,5.9. 


FIRE   DRILL  AND   EMERGENCY   INFORMATION 

13.  The  operator  shall  ensure  that, 

(a)  a  procedure  approved  by  the  local  fire  chief 
is  established  and  followed  in  the  case  of 
fire,  and  the  procedure  shall  include  the 
duties  of  each  member  of  the  staff ; 

(b)  the  staff  and  children  of  the  day  nursery 
are  instructed  in  the  procedure  established 
under  clause  (a),  the  procedure  is  posted  in  a 
conspicuous  place  in  the  day  nursery,  and 
a  written  record  is  kept  of  fire  drills  and 
inspections,  and  tests  of  fire  equipment ; 
and 

(c)  addresses  and  telephone  numbers  of  staff 
members,  substitute  staff,  the  local  medical 
officer  of  health,  a  physician,  a  taxi,  an 
ambulance,  a  hospital,  the  fire  department 
and  police  force,  and  other  emergency  infor- 
mation are  listed  on  a  card  posted  in  an 
accessible  place  in  the  day  nursery.  R.R.O. 
1970,  Reg.  160,  s.  11. 


14. — (1)  Every  day  nursery  shall  have  a  supervisor 
who,  in  the  opinion  of  a  Director, 

(a)  is  sympathetic  to  the  welfare  of  children ; 

(b)  has  a  specialized  knowledge  of  and  adequate 
experience  in  the  methods  of  child  guid- 
ance suited  to  the  ages  of  children  eligible 
for  enrolment ;  and 

(c)  is  suitable  in  respect  of  age,  health  and 
personality  to  occupy  the  position. 

R.R.O.  1970,  Reg.  160,  s.  12  (1);  O.  Reg.  380/79,  s.  1 
(1). 

(2)  In  addition  to  the  supervisor  the  operator 
shall  employ,  for  the  supervision  of  the  children 
enrolled  in  the  day  nursery,  a  staff  having  specialized 
knowledge  and  adequate  experience  in  the  methods 
of  child  guidance  for  the  ages  of  the  children 
supervised.     R.R.O.  1970,  Reg.  160,  s.  12  (2). 

(3)  The  number  of  staff,  including  the  super- 
visor, required  for  the  supervision  of  children 
enrolled  in  a  day  nursery  shall  be  determined  in 
accordance  with  Schedule  1  except  where  a 
Director  authorizes  a  change  in  the  required 
number.  O.  Reg.  148/74,  s.  10;  O.  Reg.  380/79,  s.  1 
(1). 


Reg.  235 


DAY  NURSERIES 


(4)  There  shall  be  two  adults  in  attendance  on  the 
premises  of  a  day  nursery  at  all  times  while  there 
are  four  or  more  children  in  the  day  nursery  under 
six  years  of  age. 

(5)  Every  member  of  the  supervisory  and  house- 
keeping staff  of  a  day  nursery,  before  commencing 
his  employment  and  thereafter,  as  may  be  required 
by  the  medical  officer  of  health,  shall  be  medically 
examined  by  a  legally  qualified  medical  practitioner 
and  shall  obtain  from  him  a  certificate  that  he  is  free 
from  communicable  diseases  and  in  particular  that 
he  has  had  a  chest  X-ray  that  shows  negative  for 
tuberculosis. 

(6)  The  operator  shall  ensure  that  every  certificate 
obtained  under  subsection  (5)  is  filed  in  the  day  nur- 
sery.    R.R.O.   1970,  Reg.   160,  s.   12  (4-6);  o'  Reg. 

232/71,  s.  2. 

FINANXIAL  RECORDS  AND  RETURNS 

15. — (1)  Every  operator  shall  keep  adequate  finan- 
cial records  for  any  day  nursery  operated  by  him. 

(2)  The  financial  records  of  a  day  nursery  shall 
show  at  least  the, 

(a)  assets; 

(b)  liabilities; 

(c)  income; 

(d)  expenses;  and 

ie)  accumulated  surplus  and  deficit. 


of  the  day  nursery, 
s.  13  (1,  2). 


R.R.O.   1970,   Reg.   547/71, 


16. — (1)  Every  operator  of  a  day  nursery  shall, 
in  respect  of  each  day  nursery  operated  by  him, 
furnish  to  a  Director  such  financial  and  statistical 
information  as  the  Director  may  from  time  to  time 
require.     O.  Reg.  232/71,  s.  3;  O.  Reg.  380/79,  s.  1(1). 

(2)  Ever\-  municipality  and  band  shall,  in  respect 
of  day  nursery  services  or  private-home  day  care 
that  it  purchases  pursuant  to  any  agreement  entered 
into  under  the  Act,  furnish  to  a  Director  such 
financial  and  statistical  information  as  he  may  from 
time  to  time  require.  O.  Reg.  239/72,  s.  2;  O.  Reg. 
380/79,  s.  1  (1). 

COMPUTATION   OF   PROVINCIAL  GRANT 

17. — (1)  In  this  section, 

(a)  "liquid  assets"  means  cash,  bonds,  deben- 
tures, stocks,  the  beneficial  interest  in  assets 
held  in  trust  and  available  to  be  used  for 
maintenance,  and  any  other  assets  that  can 
be  readily  converted  into  cash ; 

ib)  "welfare  administrator"  means  a  muni- 
cipal welfare  administrator,  a  regional 
welfare    administrator    or    a    welfare    ad- 


ministrator of  a  band,  as  the  case  may  be, 
appointed  under  the  General  Welfare  As- 
sistance Act.  R.R.O.  1970,  Reg.  160, 
s.  14  (1) ;  O.  Reg.  232/71,  s.  4  (1) ;  O.  Reg. 
239/72.  s.  3  (1);  O.  Reg.  148/74,  s.  12  (1); 
O.  Reg.  826/74,  s.  3;  O.  Reg.  310/78,  s.  2  (1). 

(2)  In  determining  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  and  the  monthly  net 
earnings  of  his  dependants  who  are  adults. 

(3)  In  determining  a  person  in  need  the  welfare 
administrator  shall  take  into  account  the  liquid 
assets  that  are  available.     O.  Reg.  310/78,  s.  2  (2). 

18. — (1)  In  this  section, 

(a)  "cost"  means  the  gross  expenditure  reason- 
able and  necessary  for  providing  day 
nursery  services  or  private  home  day 
care,  or  both,  less  income  other  than 
revenue  from  fees ; 

(6)  "dependent  child"  means  a  child  who 
resides  with  a  parent  and  is  dependent 
upon  the  parent  for  support  and  main- 
tenance ;  and 

(c)  "net  cost"  means  cost  less  revenue  from 
fees.     O.  Reg.  310/78,  s.  3,  part. 

(2)  Every  municipality,  band  or  approved  corpora- 
tion claiming  a  payment  under  section  19  shall  annu- 
ally before  a  date  fixed  by  a  Director  in  each  year 
prepare  and  submit  to  a  Director  on  a  form  provided 
by  a  Director,  an  estimate  of  costs,  revenue  and  sub- 
sidy payable  for  the  next  fiscal  year  and  such  estimate 
shall  be  subject  to  the  approval  of  the  Director. 

(3)  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  amend- 
ment to  the  estimate  for  the  fiscal  year  and  such 
amendment  shall  be  subject  to  the  approval  of  the 
Director. 

(4)  The  Director  may  approve  the  amount  of  any 
estimate  or  amendment  thereto,  as  the  case  may  be,  as 
submitted  under  subsection  (2)  or  (3)  or  the  Director 
may  vary  the  amount  of  the  estimate  or  the  amend- 
ment and  approve  the  amount  as  so  varied. 

(5)  Subject  to  subsection  (6),  an  amount  payable  to  a 
municipality,  band  or  approved  corporation  shall  be 
calculated  in  accordance  with  section  19  provided  that 
the  total  amount  payable  shall  not  exceed  the  total 
amount  of  the  estimate  as  finally  approved  by  a 
Director  under  subsection  (4). 

(6)  An  amount  paid  under  section  19  for  a  fiscal  year 
may  be  adjusted  upon  receipt  of  the  annual  financial 
statement  of  the  approved  corporation  referred  to  in 


DAY  NURSERIES 


Reg.  235 


section  30  or  the  financial  information  of  the  munici- 
paHty  or  band  referred  to  in  section  16,  as  the  case  may 
be. 

(7)  The  amount  of  an  adjustment  referred  to  in  sub- 
section (6)  shall  either  be  paid  to  the  municipality, 
band  or  approved  corporation  by  Ontario  or  refunded 
by  the  municipality,  band  or  approved  corporation  to 
Ontario,  as  the  case  may  be. 

(8)  The  moneys  paid  under  this  section  to  a  munici- 
pality, band  or  approved  corporation  shall  be  expended 
by  the  municipality,  band  or  approved  corporation,  as 
the  case  may  be,  only  in  accordance  with  the  estimate 
finally  approved  by  a  Director  under  subsection  (4). 

(9)  Every  municipality,  band  or  approved  corpora- 
tion applying  for  a  payment  under  section  8  of  the  Act 
shall  apply  to  a  Director  on  a  form  provided  by  a 
Director  before  the  20th  day  of  the  month  following  the 
month  for  which  the  payment  is  claimed. 

(10)  Any  part  approved  by  a  Director  of  the  esti- 
mated monthly  amount  payable  under  section  19  may 
be  paid  in  advance  of  making  an  application  under 
subsection  (9),  subject  to  adjustment  upon  receipt  by 
a  Director  of  an  appHcation  under  subsection  (9)  for 
that  month.     O.  Reg.  380/79,  s.  8. 

19. — (1)  Subject  to  subsection  (3),  the  amount  pay- 
able under  section  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  municipality  or 
band;  and 

(b)  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  depen- 
dent child  whose  parent  is  a  person  in  need. 

(2)  Subject  to  subsection  (3),  the  amount  payable 
under  section  8  of  the  Act  to  an  approved  corporation  is 
80  per  cent  of  the  cost  of  providing  day  nursery  services 
in  a  day  nursery  operated  by  the  corporation  to  a 
dependent  child  whose  parent  is  a  person  in  need  pro- 
vided the  amount  payable  under  the  Act  shall  be  calcu- 
lated such  that  the  amount  payable  plus  the  fees  pay- 
able by  the  parents  who  are  persons  in  need  shall  not 
exceed  the  cost. 

(3)  The  amount  payable  under  section  8  of  the  Act  in 
respect  of  handicapped  children  in  the  following  prog- 
rams is, 

(a)  to  a  municipality,  band  or  approved  corpora- 
tion for  providing  day  nursery  services  to  a 
handicapped  child  in  attendance  at  a  day  nur- 
sery 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  cost  for  each  hand- 
icapped child  under  five  years  of  age 
provided  the  amount  payable  under 
the  Act  shall  be  calculated  such  that 
the  amount  payable  plus  the  fees  pay- 
able by  the  parents  shall  not  exceed  the 
cost;  and 

(b)  to  a  municipality  or  band,  under  an  agree- 
ment to  provide  day  nursery  services,  87  per 
cent  of  the  cost  incurred  under  the  agreement 
to  provide  day  nursery  services  to  any  depen- 
dent child  who  is  a  handicapped  child  under 
five  years  of  age  whose  parent  is  a  person  in 
need  provided  the  amount  payable  under  the 
Act  shall  be  calculated  such  that  the  amount 
payable  plus  the  fees  payable  by  the  parents 
who  are  persons  in  need  shall  not  exceed  the 
cost.     O.  Reg.  380/79,  s.  9,  part. 

20. — (1)  In  this  section  and  sections  21,  22  and  23, 

(a)  "actual  cost"  means  the  cost  of  a  building 
project  and  includes, 

(i)  fees  payable  for  the  services  of  an 
architect,  professional  engineer,  or 
other  consultant, 

(ii)  the  cost  of  purchasing  and  installing 
furnishings  and  equipment, 

(iii)  the  cost  of  land  surveys,  soil  tests, 
permits,  licences  and  legal  fees, 

(iv)  the  cost  of  paving,  sodding  and  land- 
scaping, and 

(v)  the  cost  of  acquiring  the  land  necessary 
for  the  building  project; 

(b)  "approved  cost"  means  that  portion  of  the 
actual  cost  of  a  building  project  approved  by 
the  Minister; 

(c)  "architect"  means  an  architect  who  is  a 
member  in  good  standing  of  the  Ontario 
Association  of  Architects; 

{d)  "building  project"  means  a  project  composed 
of  one  or  more  of  the  following  elements: 

(i)  the  purchase  or  other  acquisition  of  all 
or  any  part  of  an,  existing  building  or 
buildings  including  the  land  contigu- 
ous thereto, 

(ii)  any  renovations  or  alterations  to  an 
existing  building  or  buildings, 

(iii)  additions  to  an  existing  building  or 
buildings, 

(iv)  the  purchase  or  other  acquisition  of 
vacant  land  for  the  purpose  of  con- 


Reg.  235 


DAY  NURSERIES 


strutting  a  building  or  buildings  there- 


(v)  the  erection  of  anew  building,  or 'any 
part  thereof, 

(vi)  the  demolition  of  a  building,  and 

(vii)  the  installation  of  public  utilities,  sew- 
ers and  items  or  services  necessary  for 
access  to  the  land  or  building  or  build- 
ings. 

(2)  The  amount  of  a  payment  under  section  9  of  the 
Act  to  a  municipality,  band  or  approved  corporation 
for  those  elements  of  a  building  project  referred  to  in 
subclauses  (1)  (d)  (i),  (iii),  (iv),  (v),  (vi)  and  (vii)  shall  be 
equal  to  50  per  cent  of  the  approved  cost  of  the  build- 
ing project. 

(3)  The  amount  of  a  payment  under  section  9  of  the 
Act  to  a  municipality,  band  or  approved  corporation 
for  those  elements  of  a  building  project  referred  to  in 
subclause  (1)  (d)  (ii)  shall  be  equal  to  80  per  cent  of  the 
approved  cost  of  the  building  project. 

(4)  Notwithstanding  subsections  (2)  and  (3),  the 
amount  of  a  payment  under  section  9  of  the  Act  to  an 
approved  corporation  for  a  building  project  for  a  day 
nursery  for  handicapped  children  shall  be  equal  to  80 
per  cent  of  the  approved  cost  of  the  building  pro- 
ject.    O.  Reg.  380/79,  s.  9,  part. 

21. — (1)  An  application  for  a  payment  under  sec- 
tion 9  of  the  Act  for  a  building  project  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  sub- 
clauses 20  (1)  id)  (i),  (ii),  (v)  or  (vii), 

(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  purposes  of  the  Act;  or 

(b)  where  the  Minister  approves,  structural 
sketches  and  specifications  prepared  by  a  per- 
son 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  structural  sketches  and  specifications,  as  the  case 
may  be,  shall  be  approved  by  the  Minister. 

(3)  No  plan,  specification  or  structural  sketch  filed 
with  the  Minister  shall  be  amended  or  altered  without 


the  approval  of  the  Minister. 
part. 


O.  Reg.  380/79,  s.  9, 


22. — (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  and  subsections  20  (2)  and (3),  sub- 
sections 21  (2)  and  (3)  and  section  23  of  this 
Regulation  have  been  obtained. 

(2)  An  approval  of  a  building  project  by  the  Minis- 
ter 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  commenced 
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  Minister  directs  otherwise,  the  aggre- 
gate of  the  amounts  of  the  payments  made  at  any  point 
in  time  shall  not  exceed, 

(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  estimated 
amount  of  work  required  for  completion;  or 

(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, 

whichever  is  the  greater. 

(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  Minister  is  otherwise  satisfied,  that  the 
building  project  has  been  completed  in  accor- 
dance with  the  plans  filed  under  clause  2 1  (2) 
(a)  or  the  sketches  thereof  approved  by  the 
Minister  under  clause  21  (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, 


10 


DAY  NURSERIES 


Reg.  235 


(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.  380/79, 
s.  9,  part. 

23.  No  applicant  for  or  recipient  of  a  payment 
under  section  9  of  the  Act  for  a  building  project  shall, 

(a)  acquire  a  building  or  land  for  the  building 
project; 

(b)  call  tenders  for  the  building  project; 

(c)  commence  construction  of  the  building  pro- 
ject; or 

(d)  erect  any  temporary  or  permanent  sign,  tablet 
or  plaque  on  the  site  or  building  project, 

without  the  approval  of  the  Minister.  O.  Reg.  380/79, 
s.  9,  part. 

24.  Expenditures  incurred  by  a  municipality, 
band  or  approved  corporation  for  furnishings  or 
equipment  that  are  not  replacements  or  for  repairs  to  or 
maintenance  of  a  capital  asset,  that, 

(a)  are,  in  the  opinion  of  the  Minister,  necessary 
for  the  efficient  operation  of  the  day  nursery 
and  the  cost  of  which  is  not  excessive  for  the 
purpose;  and 

(b)  are  in  excess  of  $300, 

are,  where  the  Minister  so  approves,  capital  expendi- 
tures for  which  a  grant  may  be  paid,  upon  application 
by  the  municipality,  band  or  approved  corporation,  in 
an  amount  equal  to  80  per  cent  of  the  approved  expen- 
ditures incurred.     O.  Reg.  380/79,  s.  9,  part. 

25.  Every  municipality,  band  or  approved  corpo- 
ration that  receives  a  payment  under  this  Regulation 
shall  keep  and  maintain  an  inventory  of  all  furnishings 
and  equipment  acquired  by  the  municipality,  band  or 
approved  corporation,  as  the  case  may  be,  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  a  Director  may  require.  O.  Reg.  380/ 
79,  s.  9,  part. 


PRIVATE-HOME    DAY   CARE 

26. — (1)  In  this  section  and  in  Forms  8  and  9, 

(a)  "day-care  provider"  means  the  person  on 
the  premises  where  the  private-home  day- 
care is  furnished  who  is  directly  in  charge 
of  the  children ; 


(b)  "supervised  private-home  day  care"  means 
private-home  day  care  furnished  on 
premises  that  is  subject  to  inspection  under 
clause  (2)  (a).  O.  Reg.  239/72,  s.  4,  part; 
O.  Reg.  148/74,  s.  16  (1);  O.  Reg.  380/79, 
s.   10  (1). 

(2)  Where  private-home  day  care  is  furnished  under 
an  agreement  entered  into  under  section  4  or  section  8 
of  the  Act  between  a  municipality,  a  council  of  a  band 
or  the  Minister  and  a  person  or  organzation, 

(a)  the  premises  where  the  private-home  day 
care  is  furnished  shall  be  inspected  on 
behalf  of  the  municipality,  council  of  the 
band  or  Minister,  as  the  case  may  be,  at 
least  every  three  months  or  at  such  more 
frequent  intervals  as  the  municipality, 
council  of  the  band  or  Minister  deems 
necessary,  by  a  person  appointed  by  the 
municipality,  council  of  the  band  or  Minister 
who  has  satisfied  a  Director  that  he  has 
the  qualifications  referred  to  in  subsec- 
tion 14  (1); 

(b)  the  building  in  which  the  private-home 
day  care  is  furnished  shall  be  constructed 
and  maintained  so  that  it  complies  with, 

(i)  the  laws  affecting  the  health  of  the 
inhabitants  of  the  municipality  or  the 
reserve  of  the  band,  as  the  case  may 
be,  in  which  the  building  is  located, 

(ii)  any  rule,  regulation,  direction  or 
order  of  the  local  board  of  health  and 
any  direction  or  order  of  the  local 
medical  officer  of  health, 

(iii)  any  by-law  of  the  municipality  in 
which  the  building  is  located  or  any 
by-law  of  the  council  of  the  band  on 
the  reserve  on  which  the  building  is 
located,  as  the  case  may  be,  and  any 
other  law  for  the  protection  of 
persons  from  fire  hazards, 

(iv)  any  restricted  area,  standard  of 
housing  or  biailding  by-law  passed 
by  the  municipality  in  which  the 
building  is  located  pursuant  to  Part 
III  of  the  Planning  Act  or  any 
predecessor  thereof  and,  where  the 
building  is  located  on  the  reserve  of 
a  band,  any  by-law  of  the  council  of 
the  band  on  the  reserve  to  regulate 
the  construction,  repair  or  use  of 
buildings, 

(v)  the  requirements  of  Regulation  87  of 
Revised  Regulations  of  Ontario,  1980 
made  under  the  Building  Code  Act, 
and 

(vi)  the  requirements  of  Regulation  794  of 
Revised  Regulations  of  Ontario,  1980 
made  under  the  Power  Corporation 

Act; 


Reg.  235 


DAY  NURSERIES 


11 


(c)  disbursements  made  by  the  municipality  or 
council  of  the  band,  as  the  case  may  be, 
under  the  agreement  shall  be  substantiated 
by  child  attendance  records  certified  as  to 
correctness  by  the  p>erson  or  organization 
furnishing  the  supervised  private-home 
day  care,  and  in  respect  of  each  such  child, 
by  the  parent  or  guardian  of  that  child ;  and 

(d)  the  person  or  organization  furnishing  the 
supervised  private-home  day  care  shall 
ensure  that, 

(i)  an  application  in  Form  8  for  super- 
vised private-home  day  care  made  by 
the  parent  or  guardian  of  every  child 
for  whom  the  care  is  being  furnished 
is  kept  on  the  premises  where  the  care 
is  furnished  and  is  available  for 
inspection  at  all  times, 

(ii)  the  number  of  children  including 
her  own,  three  years  of  age  and 
younger,  in  charge  of  the  day-care 
provider,  does  not  exceed  two  child- 
ren who  are  two  years  of  age  and 
younger  or  three  children  who  are 
three  years  of  age  and  younger, 

(iii)  the  local  medical  officer  of  health  or 
any  person  designated  by  him  is 
permitted  to  inspect  the  premises 
before  the  premises  are  approved 
by  the  municipality  or  council  of 
the  band  for  the  furnishing  of 
supervised  private-home  day  care, 
and  from  time  to  time  thereafter, 
and  that  recommendations  made  by 
the  local  medical  officer  of  health  or 
by  a  person  designated  by  him  for  the 
health  and  nutrition  of  any  child  in 
the  home  are  carried  out, 

(iv)  access  to  the  premises  where  the 
private-home  day  care  is  furnished 
is  permitted  from  time  to  time  and 
at  all  reasonable  times  for  any  person 
making  an  inspection  pursuant  to 
clause  (a)  and  for  any  person  desig- 
nated as  a  provincial  supervisor 
under  subsection  15  (1)  of  the  Act 
making  an  inspection  on  behalf  of  the 
Minister  and  that  any  recommenda- 
tion made  by  any  such  person  is  car- 
ried out, 

(v)  each  person  caring  for  children  on 
the  premises  in  which  the  private- 
home  day  care  is  furnished  and  every 
other  person  ordinarily  resident  or 
regularly  on  the  premises  in  which  the 
private-home  day  care  is  furnished 
is  examined  by  a  duly  qualified 
medical  practitioner  from  time  to 
time  as  recommended  by  the  local 


medical  officer  of  health,  or,  if  not  so 
recommended  at  least  once  a  year, 
and  that  the  person  so  examined 
obtains  from  such  medical  practi- 
tioner a  certificate  that  he  is  free 
from  communicable  diseases  and  in 
particular  that  he  has  had  a  chest 
x-ray  or  tuberculin  test  that  is 
negative  for  active  tuberculosis, 

(vi)  there  is  an  adult  person  in  attendance 
at  all  times  on  the  premises  where 
any  child  is  present  for  supervised 
private-home  day  care, 

(vii)  the  day-care  provider  in  charge 
of  the  premises  where  the  super- 
vised private-home  day-care  is  fur- 
nished has  made  application  to 
provide  supervised  private-home 
day-care  in  Form  9,  and 

(A)  is  sympathetic  to  the  welfare  of 
children, 

(B)  has  adequate  knowledge  of 
and  experience  in  the  methods 
of  child  guidance  suited  to  the 
ages  of  children  eligible  for 
enrollment, 

(C)  is  suitable  in  respect  of  age, 
health  and  personality  to 
occupy  the  position,  and 

(viii)  any  other  requirements  prescribed  by  a 
Director  for  the  health,  safety  or  well- 
being  of  the  children  receiving  private- 
home  day  care,  are  carried  out.  O. 
Reg.  239/72,  s.  4,paH;  O.  Reg.  148/74, 
s.  16  (2);  O.  Reg.  380/79,  s.  1  (1); 
O.  Reg.  380/79,  s.  10  (2,  3). 


27. — (1)  A  provisional  licence  to  establish,  operate 
or  maintain  a  day  nursery  shall  be  in  Form  1. 

(2)  A  licence  to  establish,  operate  or  maintain  a  day 
nursery  shall  be  in  Form  2. 

(3)  An  application  for  a  licence  or  a  renewal  thereof 
shall  be  made  to  a  Director  in  Form  3  and  shall  be 
accompanied  by  such  other  information  as  the  Directdr 
considers  necessar\'  to  enable  the  Director  to  determine 
whether  the  applicant,  if  licensed,  would  be  in  com- 
pliance with  the  Act  and  this  Regulation. 

(4)  Subject  to  subsection  (5),  a  licence  or  a  renewal 
thereof  expires  with  the  anniversary  date  on  which  the 
licence  or  renewal  was  issued. 

(5)  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. 


12 


DAY  NURSERIES 


Reg.  235 


(6)  The  fee  payable  by  an  applicant  for  a  licence 
other  than  a  renewal,  is  $10. 

(7)  The  fee  payable  for  the  renewal  of  a  licence  is, 

(a)  $5  if  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  if  the  application  for  the  renewal  of  the 
licence  is  made  after  the  anniversary  date  in 
the  year  in  which  the  licence  or  the  last  renew- 
al thereof  expires. 

(8)  For  the  purpose  of  subsection  (7),  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. 

(9)  A  licence  shall  be  posted  in  a  conspicuous  place  in 
a  day  nursery.     O.  Reg.  380/79,  s.  11. 


HEARINGS 

28. — (1)  The  notice  which  a  Director  is  required  to 
give  to  an  applicant  or  licensee  under  subsection  13  (1) 
of  the  Act  shall  be  in  Form  4. 

(2)  The  Director  shall  serve  the  notice  under  sub- 
section (1),  accompanied  by  two  copies  of  Form  5,  in 
accordance  with  the  provisions  of  subsection  20  (1)  of 
the  Act. 

(3)  The  notice  which  an  applicant  or  licensee  may 
give  to  the  Director  and  to  the  Board  under  subsection 
13  (2)  of  the  Act  or  subsection  14  (1)  of  the  Act  shall  be 
in  Form  5.     O.  Reg.  380/79,  s.  12. 

29. — (1)  The  Board  shall  serve  notice  on  the 
parties  to  the  hearing  in  Form  6,  within  fifteen  days 
of  receiving  the  notice  of  the  request  for  the 
hearing  in  Form  5.     O.  Reg.  148/74,  s.  18. 

(2)  The  Board  shall  send  the  notice  under  sub- 
section (1)  to  each  party  to  the  hearing  by  registered 
mail  addressed  to  the  party  at  his  address  last  known 
to  the  Board.     R.R.O.  1970,  Reg.  160,  s.  18  (2). 

30. — (1)  Every  approved  corporation  shall  keep 
separate  books  of  account  for  the  day  nurseries  main- 
tained and  operated  by  it. 

(2)  The  books  of  account  referred  to  in  subsection 
(1)  shall. 


(o)  set  forth  the  revenue  and  expenditures  of  the 
approved  corporation; 

(b)  contain  a  record  of  money  received  by  the 
approved  corporation  from  sources  other  than 
under  the  Act  and  this  Regulation;  and 

(c)  be  audited  annually  by  a  licensed  public 
accountant  who  is  not  a  member  of  the  board. 

(3)  Every  approved  corporation  shall  furnish  to  a 
Director  for  the  day  nurseries  maintained  and  operated 
by  it, 

(a)  not  later  than  the  last  day  of  the  fourth  month 
following  the  end  of  each  fiscal  year,  the  com- 
plete financial  statement  of  the  day  nurseries 
for  the  immediately  preceding  fiscal  year, 
including  a  calculation  of  operating  subsidy 
based  upon  and  reconciled  with  operating 
surplus  or  deficit,  as  the  case  may  be,  and  the 
said  operating  subsidy  shall  be  compared  with 
the  subsidy  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  accountant  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  accor- 
dance with  the  books  and  records  of 
the  day  nurseries, 

(iii)  the  calculation  of  the  payment  of  pro- 
vincial aid  is  in  accordance  with  the 
Regulations,  and 

(iv)  the  financial  statement  has  been  pre- 
pared in  accordance  with  generally 
accepted  accounting  principles  applied 
on  a  basis  consistent  with  that  of  the 
preceding  year;  and 

(c)  such  other  financial  and  statistical  informa- 
tion as  the  Minister  may  require. 

(4)  The  fiscal  year  of  an  approved  corporation  is  the 
period  designated  by  the  Minister  as  the  fiscal  year  of 
the  approved  corporation .     O .  Reg.  3  80/  7  9 ,  s .  13,  part . 


Reg.  235 


DAY  NURSERIES 


13 


Schedule  1 

A.  NUMBER  OF  STAFF  REQUIRED  FOR  A  DAY  NURSERY  OTHER  THAN  A 

DAY  NURSERY  FOR  HANDICAPPED  CHILDREN  FIRST  LICENSED  UNDER  THE 
ACT  ON  OR  AFTER  THE  1ST  DAY  OF  JANUARY,  1972 


Column  1 

Column  2 

Column  3 

Column  4 

Column  5 

Number  of  children  and 
age  group 

i 

Part-day 
Session 

Full-day 
Session 

Part-day  Program 
during  school  year 

Full-day  Program 

during  vacation 

and  holidays 

;  Up  to  10  children  under 
i       18  months  of  age 

2 

3 

Up  to  14  children  18  to  24 
months  of  age,  both  inclusive 

2 

3 

Up  to  15  children  2  to  4  years 
of  age,  both  inclusive 

2 

3 

16  to  34  children  2  to  4  years 
of  age,  both  inclusive 

3 

4 

35  to  45  children  2  to  4  years 
of  age,  both  inclusive 

4 

5 

Up  to  25  children  5  years 
of  age 

2 

3 

26  to  35  children  5  years 
of  age 

2 

3 

36  to  45  children  5  years 
of  age 

2 

4 

Up  to  30  children  6  to  9  years 
of  age,  both  inclusive 

2 

3 

30  to  50  children  6  to  9  years 
of  age,  both  inclusive 

3 

4 

1 

NUMBER  OF  STAFF  REQUIRED  FOR  A  DAY  NURSERY  FOR  HANDICAPPED 
CHILDREN  FIRST  LICENSED  UNDER  THE  ACT  ON  OR  AFTER  THE  1ST  DAY 

OF  JANUARY,  1972 


1                                        Column  1 

1 

Column  2 

Column  3 

Number  of  children  and  age  group 

Part-day  Session 

1 
Full-day  Session 

For  every  4  children  from  2  to  5  years  of  age,  both 
i      inclusive 

1 

1 
1 

For  every  3  children  from  and  including  6  years  of  age  to 
18  years  of  age 

1                                     1 

O.  Reg.  547/71,  s.  15,  part;  O.  Reg.  148/74,  s.  19. 


14 


DAY  NURSERIES 


Reg.  235 


No. 


F  orin    1 

Day  Nurseries  Act 

PROVISIONAL  LICENCE  TO  OPERATE  A  DAY  NURSERY 

Issued 


(date) 
Under    the    Day    Nurseries    Act    and    the    regulations,    and    subject    to    the    limitations    therof,    this 

licence  is  granted  to 

of  the of 

to  operate  a  day  nursery  under  the  name  of 


at in  the 

(street  and  number  or  R.R.) 

of in  the 

of 

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.  The  licence  is  subject  to  the  following  terms  and  conditions: 


(signature  of  Director) 


RENEWALS 

(insert  renewals  in  spaces  below) 


Licence  No is  hereby 

renewed  subject   to  any   term   and   condition 

thereon  for  a  period  ending 


Licence  No is  hereby 

renewed  subject   to  any  term   and  condition 

thereon  for  a  period  ending 


(signature  of  Director) 


No.  R. 


O.  Reg.  380/79,  s.  14  (1). 


Reg.  235 


DAY  NURSERIES 


15 


No. 


Form  2 

Day  Nurseries  Act 
LICENCE/RENEWAL  OF  A  LICENCE  TO  OPERATE  A  DAY  NURSERY 

Issued 


(date) 
Under    the   Day    Nurseries    Act    and    the    regulations,    and    subject    to    the    limitations    thereof,    this 
licence  is  granted  to 


of  the of . 

to  operate  a  day  nursery  under  the  name  of 


at in  the. 

(street  and  number  or  R.R.) 

of 


1 .  This  licence  expires  on  the day  of 

2.  This  licence  is  subject  to  the  following  terms  and  conditions: 


,  19.... 


(signature  of  Director) 


RENEWALS 

(insert  renewals  in  spaces  below) 


Licence  No is  hereby 

renewed  subject  to  any  term  and  condition 

thereon  for  a  period  ending 


(signature  of  Director) 


No.  R. 


Licence  No is  hereby 

renewed  subject  to  any  term  and  condition 

thereon  for  a  f)eriod  ending 


(signature  of  Director) 


No.  R. 


O.  Reg.  380/79,  s.  14  (2),  part. 


16 


DAY  NURSERIES 


(indicate  which) 


n  New  Application 

or 
D  Renewal 


Name  of  Day  Nursery 

Address  of  Day  Nursery 

Telephone  of  Day  Nursery 

DAY  NURSERY  WILL  BE  OPERATED  BY  (indicate  which) 
D  Private  operator  


(name  and  address) 


(telephone) 


n  Corporation 


President 


Secretary 


n  Municipality  or  Band 


Signing  Officers 


(name  of  Corporation) 


(telephone) 


(name  and  address) 


(telephone) 


(name  and  address) 


(telephone) 


(name  and  address) 


(telephone) 


(name  and  address) 


(telephone) 


(name  and  address) 


(telephone) 
TYPE  OF  PROGRAM  (indicate  which) 
O  A.M.  Ages    D  under  2  years  of  age 


D  4  years  of  age 


Reg.  235 


Form  3 

Day  Nurseries  Act 
APPLICATION  FOR  A  LICENCE  TO  OPERATE  A  DAY  NURSERY 
Application  is  hereby  made  for  a  licence  to  operate  a  day  nursery  during  the  year 


Reg.  235 


DAY  NURSERIES 


17 


D  P.M. 
D  All  Day 
Date 


D  2  years  of  age 
D  3  years  of  age 


D  5  years  of  age 
D  6-10  years  of  age 


Signature  of  Applicant  or 
authorized  officers  of 
Corporation 


O.  Reg.  380/79,  s.  14  (2),  part. 


Form  4 

Day  Nurseries  Act 

NOTICE  OF  INTENTION 


To, 


(name  of  applicant  or  licensee) 

Take  Notice  that  pursuant  to  the  authority  vested  in  me  under  the  provisions  of  section  12  of 
the  Day  Nurseries  Act,  I  hereby  propose  to: 

n  refuse  to  issue  a  licence  to  you 

D  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  the  provisions  of  subsection  13  (1)  of  the  Day  Nurseries  Act,  you 
have  a  right  to  have  a  hearing  of  this  matter  before  the  Children's  Services  Review  Board  which  has  been 
appointed  under  section  3  of  the  Children's  Residential  Services  Act,  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  Children's  Services  Review  Board  a  request  for  a  hearing  in  Form  5. 


(date) 


(signature  of  Director) 


Notes  : 


1.   E.xtract  from  the  Day  Nurseries  Act: 

13. — (1)  Where  a  Director  proposes  under  section  12  to  refuse  to  issue  a  licence  or  to  refuse  to 
renew  or  revoke  a  licence  issued  under  that  section,  the  Director  shall  cause  notice  to 
be  served  of  the  Director's  proposal  together  with  written  reasons  therefor,  on  the 
applicant  or  the  licensee,  as  the  case  may  be. 

(2)  A  notice  under  subsection  (1)  shall  inform  the  applicant  or  licensee,  as  the  case  may  be, 
that  the  applicant  or  licensee  is  entitled  to  a  hearing  by  the  Board  if  the  applicant  or 
licensee  mails  or  delivers,  within  fifteen  days,  after  the  notice  is  served  on  the  applicant 
or  licensee,  notice  in  writing  to  the  Director  and  to  the  Board,  requiring  a  hearing  and 
the  applicant  or  licensee,  as  the  case  may  be,  may  so  require  such  a  hearing. 


18  DAY  NURSERIES  Reg.   235 

13. — (3)  Where  an  applicant  or  licensee  does  not  require  a  hearing  by  the  Board  in  accordance  with 
subsection  (2),  the  Director  may  carry  out  the  proposal  stated  in  the  Director's  notice  under 
subsection  (1)  without  a  hearing. 

(4)  Where  an  applicant  or  licensee  requires  a  hearing  by  the  Board  in  accordance  with  subsection 
(2),  the  Board  shall  appoint  a  time  for  and  hold  the  hearing  and,  at  the  hearing,  may  by  order 
direct  the  Director  to  carry  out  the  Director's  proposal  or  refrain  from  carrying  out  the  Director's 
proposal  and  to  take  such  action  as  the  Board  considers  the  Director  ought  to  take  in  accordance 
with  this  Act  and  the  regulations,  and,  for  such  purposes,  the  Board  may  substitute  its  opinion 
for  that  of  the  Director. 

2.   Extract  from  Regulation  235  of  Revised  Regulations  of  Ontario,  1980  made  under  the  Day  Nurseries  Act: 

28. — (1)  The  notice  which  a  Director  is  required  to  give  to  an  applicant  or  licensee  under  subsection  13  (1) 
of  the  Act  shall  be  in  Form  4. 


(3)  The  notice  which  an  applicant  or  licensee  may  give  to  the  Director  and  to  the  Board  under 
subsection  13  (2)  of  the  Act  or  subsection  14  (1)  of  the  Act  shall  be  in  P'orm  5. 

O.  Reg.  380/79,  s.   14  (2),  part. 

Form  5 

Day  Nurseries  Act 

REQUEST  FOR  HEARING 

To:     A  Director  appointed  for  the  purposes  of 
the  Day  Nurseries  Act 

and 

To:     The  Chairman  of  the  Children's  Services 
Review  Board,  Legislative  Buildings, 
Toronto 

Name  of  applicant  or  licensee 

Address  of  applicant  or  licensee 

(number)     (street  or  R.R.) 

(city)  (town)  (village  or  P.O.) 

(township)  (county) 

Take  Notice  that  I  hereby  request  a  hearing  by  the  Children's  Services  Review  Board  appointed  under 
section  3  of  the  Children's  Residential  Services  Act,  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 

D  refuse  to  renew  my  licence 

D  revoke  my  licence 

□  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) 


Reg.  235 


DAY  NURSERIES 


19 


in  the of. 


in  the. 


.of under 


the  name  of. 


Date 

Signature  of  Applicant  or  Licensee . 


Form  6 

Day  Nurseries  Act 
NOTICE  OF  HEARING 


To: 


O.  Reg.  380/79,  s.  14  (2)  part. 


(name  of  applicant  or  licensee) 


(address  of  applicant  or  licensee) 

Take  Notice  that  a  hearing  will  be  held  by  the  Children's  Services  Review  Board  appointed  under  section  3 
of  the  Children's  Residential  Services  Act,  in  respect  of  the  decision  of  a  Director  appointed  for  the  purposes  of 
the  Day  Surseries  Act  to: 

D  refuse  to  issue  a  licence  to  you 

n  refuse  to  renew  your  licence 

D  revoke  your  licence 

□  attach  terms  and  conditions  to  your  licence  under  subsection  11  (2),  (4)  or  (S)  of  the  Act 

to  operate  a  day  nursery  at 

(street  address) 

in  the of 

in  the of under 


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 
1.3  and  14  of  the  Day  Nurseries  Act  and  that  in  accordance  with  the  said  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  Children's  Services  Review  Board  may  proceed  in  his  absence  and  he  is  not  entitled  to  notice  of  any 
further  proceedings. 


(date) 


(signature  of  Chairman  of  The 
Children's  Services  Review  Board) 


O.  Reg.  380/79,  s.  14  (2),  part. 


20 


DAY  NURSERIES 


Reg.  235 


Form  7 

Day  Nurseries  Act 
DETERMINATION  OF  AVAILABLE  INCOME 


Name  of  Parent 
Address 


Telephone  Number . 


Names  of  Children  Enrolled  in  a  Day  Care  Program 


Family  Composition 
Children,  16  years  and  over 
Children  10  to  15  years 
Children  0  to  9  years 
Adults 


Number 


Part  1 


MONTHLY  INCOME  (ADULTS) 


1 .  Net  earnings 

2.  Boarder  revenue 

3.  Rental  revenue 

4.  Family  Allowances  and  Youth  Allowances 

5.  Pension 

6.  Unemployment  Insurance  or  Training  Allowances .  . 

7.  Separation  or  Alimony  Payments 

8.  Other  (specify) 

9.  Monthly  Income . 


Reg.  235         DAY  NURSERIES 21 

Part  II 
MONTHLY  BUDGETARY  ITEMS  (FAMILY) 


10.  A  monthly  amount  for  ordinary  needs  determined  in  accordance  with  the 
Schedule  to  Regulation  318  of  Revised  Regulations  of  Ontario,  1980  under 
the  Family  Benefits  Act $ . 


1 1 .  Special  diets 

12.  Light 

...  ^'i^rxiswoh/.  . 

13.  Water 

14.  Telephone 

15.  Household  supplies .i. .  i ; 

16.  Fuel 

17.  Sub-Total 

18.  Rent 

19.  Mortgage  payments  (Principal  and  interest) 

20.  Property  taxes 

21.  Debt  payments,  as  approved  by  the  welfare  administrator 

22.  Travel  and  transportation 

23.  Drugs 

24.  Dental  services 

25.  Optical  services 

26.  Medical  services  (premiums  or  actual  cost) 

27.  Hospital  services  (premiums  or  actual  cost) 

28.  Other,  as  approved  by  the  welfare  administrator  (specify) 


29.  Monthly  Budgetary  Items $ . 

30.  Monthly  Income  less  Monthly  Budgetary  Items  (item  9  less  item  29) .  $ , 

I  certify  that  all  of  the  above  information  provided  by  me  is  correct. 

(date)  (signature  of  parent) 


22  DAY  NURSERIES  Reg.  235 

Part  III 
EXEMPTIONS 

31.  Monthly  Income  less  Monthly  Budgetary  Items  (see  item  30) $ 

32.  Deduct  Exemptions :  On  earnings  (item  1  $ x    %) $ 

33.  On  boarder  revenue  (item  2  $ x  60%) . .  

34.  On  rental  revenue  (item  3  $ x  40%). ...  

35.  Family  Allowances  and  Youth  Allowances  (item  4)  

36.  Payments  or  refunds  received  under  section  7  of  the 

Income  Tax  Act   

37.  Grants  received  under  section  2  or  7  of  the  Ontario 

Pensioners  Property  Tax  Assistance  Act 

38.  Payments  received  under  Orders-in-Council  num- 
bered OC-3410/71  and  OC-2403/71,  or  either  of 
them,  made  pursuant  to  section  S  of  the  Ministry 

of  Agriculture  and  Food  Act 

39.  For  contingencies  (item  17  $ x  20%) ...  

40.  Total  Exemptions 


41.   Available  monthly  income  (item  31  less  item  40) $ , 


(date)  (signature  of  welfare  administrator) 

Part  IV 

COMPUTATION  OF  AVAILABLE  DAILY  INCOME 

42 .   Available  daily  income  =  Total  available  monthly  income  (item  4 1 ,  above)  2 1  x  number  of  children  in  family 
enrolled  in  day-care  program 


21  X 


Part  V 

CALCULATION  OF  MONTHLY  COST  TO  THE  MUNICIPALITY, 

BAND  OR  APPROVED  CORPORATION 

(FOR  USE  OF  MUNICIPALITY,  BAND  OR  APPROVED  CORPORATION) 

43.   Total  monthly  cost  of  day  nursery  services  or  private-home  day-care $ 


$ per  day  x  aggregate  number  of  days  for  all  children  in  the  family  enrol- 
led in  the  day-care  program $ . 

44.  Less:  Available  daily  income  (item  42)  x days  service  (see  note  1) | . 


Note  1:  For  the  purposes  of  the  calculation  in  item  44  in  Part  V,  the  number  of  days  service  should  be  the 
aggregate  number  of  days  service  for  all  children  in  the  family  enrolled  in  the  day-care  program. 

Form  7,  O.  Reg.  797/73,  s.  1;  O.  Reg.  1099/80,  s.  1. 


Reg.  235 


DAY  NURSERIES 


23 


Form  8 

Day  Nurseries  Act 

APPLICATION  FOR  DAY  CARE  (see  note  1) 


1.  To  be  provided  by. 


(name  of  day  nursery  or  day-care  mother) 


2.  On  what  days  of  the  week  is  care  required  ? 

D     Monday 
D    Tuesday 
D    Wednesday 
D    Thursday 

3.  During  what  hours  is  care  required  ? 


(sponsoring  organization)     (if  any) 

D    Friday 
D    Saturday 
D    Sunday 

a  


p.m. 


to 


a.m. 
p.m. 


4.  Child's  name. 


(last) 


(first) 


Date  of  Birth 


Day 


Month 


(middle) 


Year 


Address . 


(number)                    (street  /road) 
5.  Name  of  Parent  or  Guardian 


(city) 


(zone) 


6.  Marital  Status  of  Parent  or  Guardian 

D     Married  D    Widowed  D    Divorced  D    Separated  D     Single 

7.  Telephones 

Residence  of  Parent  or  Guardian 

Mother's  Employment 

Guardian's  Employment 


Father's  Employment , 


8.  Employment 

Mother 
Father 
Guardian 


Occupation 


Employer 


Address 


24 DAY  NURSERIES Reg.  235 

9.  Brothers  and  Sisters 

Names  Age  Sex  School  Grade 


10.  Is  there  any  person  other  than  yourself  to  whom  the  child  may  be  released? , 


Medical  Information 


11.  Child's  Physician 

Name 

Address 

Telephone  Number. 


12.  Does  your  child  have  any  physical  disabilities? 

n     Yes  (please  describe)  D     No 


13.  Does  your  child  have  any  chronic  health  problems  (such  as  asthma,  allergies,  diabetes,  etc.)? 
D     Yes  (please  describe)  □     No 


14.  Does  your  child  have  any  emotional  disorders  or  behaviour  problems? 
D     Yes  (please  describe)  D     No 


.  Has  your  child  had 

Measles 

D 

Yes 

D 

No 

German  Measles 

D 

Yes 

n 

No 

Whooping  Cough 

D 

Yes 

D 

No 

Chicken  Pox 

D 

Yes 

D 

No 

Scarlet  Fever 

D 

Yes 

D 

No 

16.  Does  your  child  regularly  take  any  medication  ? 

D    Yes  (please  describe)  D     No 


Reg.  235 DAY  NURSERIES 25 

17.  Dates  of  Immunizations 

Booster 

Diptheria  »j. 

Whooping  Cough  

Scarlet  Fever  

Has  your  child  had 

Tetanus  D    Yes  (Date) D     No 

Measles  vaccine  D    Yes  (Date) D     No 

18.  Signature  of  Parent  or  Guardian 


Date 

FOR  OFFICE  USE  ONLY 

Date  day  care  commenced s«n«M« 

Notes  : 

1 .  Separate  application  is  required  for  each  child. 


2.  Where  child  resides  with  guardian  who  is  not  his  parent,  give  particulars  of  the  guardian  instead 
of  the  parents  where  indicated  in  items  6,  7,  8,  9  and  18. 

O.  Reg.  239/72,  s.  8,  part,  Form  12. 


Form  9 

Day  Nurseries  Act 

APPLICATION  TO  PROVIDE  SUPERVISED 
PRIVATE-HOME  DAY  CARE 


For 

use  by  Municipality  or 

band 

only 

D 

approved 

□ 

not  approved 

1 .  Name 

(last)  (first)  (middle) 

2.  Address 

(city)  (zone) 


3.  Application  to. 


(name  of  municipality  or  band) 


26 


DAY  NURSERIES 


Reg.  235 


4.  Sponsoring  organization,  if  any. . 

5.  Telephone  Number 

6.  Marital  Status 

D     Married  D    Widowed 


n     Separated 


n    Divorced 


D    Single 


7.  Date  of  Birth 


Day 


Month 


Year 


8.  If  married  and  living  with  husband 

What  is  your  husband's  name  ? 

Occupation Business  Telephone . 

9.  Others  in  Household 


Name 


Age 


Sex 


Relationship 


10.  What  language  do  you  usually  speak? 

D     English             D     French             D     Italian  D    German 

1 1 .  What  other  languages  do  you  speak ?              D     None  . ,, . ^ 

n     English             n     French             D     Italian  D    German 

12.  (a)  Have  you  ever  been  employed  outside  your  home : 

D    Yes                    D    No 
(b)  If  "Yes",  what  was  your  occupation?      


Check  if  home 

during,  hours 

care  will  be 

provided 

D 

D 

D 

D 

D 


13.  (a)  What  is  the  name  of  the  elementary  school  closest  to  your  home  ? . 


(b)  How  far  away  is  it  ? 

14.  Reason(s)  for  wanting  to  provide  private-home  day  care: , 


Reg.  235 


DAY  NURSERIES 


27 


15.  (a)  On  what  days  of  the  week  would  you  be  available  to  provide  private-home  day  care? 
D     Monday  D     Friday 

D    Tuesday  D    Saturday 

n    Wednesday  D     Sunday 

D    Thursday 
(b)  During  what  hours  of  the  day  would  you  be  able  to  provide  private-home  day  care? 


Comments: 


16.  What  are  your  fees? 


a.m. 
p.m. 


to 


a.m. 
p.m. 


MEDICAL  DATA 

17.  Do  you  have  any  physical  disabilities  (such  as  arthritis,  deafness,  back  problems,  etc.)  ? 

D    Yes  (please  describe)  No     D 

18.  Do  you  have  any  chronic  health  problems  (such  as  epilepsy,  asthma,  diabetes,  heart  condition)  ? 

D    Yes  (please  describe)  D    No 

19.  Have  you  been  hospitalized  in  the  past  year? 

D     Yes  D     No 

If  "Yes",  for  what  reason?      _ 

For  how  long  ?      

20.  (a)  When  did  you  have  your  last  chest  x-ray  or  skin  test  ? 


Month  Year 

(6)  Was  the  test  negative  ?  D    Yes  □    No 

21 .  Have  you  ever  provided  private-home  day  care  in  your  home  before  ? 
D     Yes  D     No 

If  "Yes",  was  this  done  privately  or  under  the  supervision  of  an  agency  of  a  municipality? 
D     Privately  D     Under  the  supervision  of 


28 DAY  NURSERIES Reg.  235 

22.  Is  there  a  person  (such  as  a  neighbor)  who  could  substitute  for  you  if  you  became  ill  or  had  to  leave 
the  house  while  you  had  children  under  your  care  ? 

□     Yes  D     No 

If  "Yes",  what  is  the  person's, 

Name 

Address Telephone  Number 

23.  Signature 

Date 

FOR  OFFICE  USE  ONLY 
Date  provision  of  day  care  commenced 

O.  Reg.  239/72,  s.  8,  part.  Form  13. 


Reg.  236 


DEAD  ANIMAL  DISPOSAL 


29 


REGULATION  236 


under  the  Dead  Animal  Disposal  Act 


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 
collector  shall  be  in  Form  2. 
161. s.L 


the   business   of   a 
R.R.O.   1970,  Reg. 


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  comphes  with  this  Regula- 
tion 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.  1970,  Reg.  161,  s.  2. 

3. — (1)  An  apphcation  for  a  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  receiving  plant  shall  be  in  Form  5. 
R.R.O.  1970,  Reg.  161,  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  rendering  plant  shall  be  in  Form  7. 
R.R.O.  1970,  Reg.  161,  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.     O.  Reg.  751/73,  s.  1. 

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  January  but 


before  the  1st  day  of  July  in  any  year, 
is  $50 ;  and 

(b)  where  the  licence  is  for  a  period  com- 
mencing on  or  after  the  1st  day  of  July 
in  any  year,  is  $25.  R.R.O.  1970,  Reg. 
161,  s.  5(1,2). 

(3)  The  fee  for  a  licence  in  Form  9, 

(a)  where  the  licence  is  for  a  period  com- 
mencing on  or  after  the  1st  day  of 
January  but  before  the  1st  day  of  July 
in  any  year,  is  $  1 00 ;  and 

(b)  where  the  licence  is  for  a  period  com- 
mencing on  or  after  the  1st  day  of  July 
in  any  year,  is  $50.  O.  Reg.  751/73,  s.  2, 
part. 

(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.     O.  Reg.  751/73,  s.  2,  part. 


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  plat- 
form of  the  vehicle,  so  as  to  prevent  leakage 
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  plat- 
form 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  protected 
against  weathering  and  is  clearly  visible 
to  persons  outside  the  vehicle.  O.  Reg. 
751/73,  s.  4. 


30 


DEAD  ANIMAL  DISPOSAL 


Reg.  236 


(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.  1970,  Reg.  161, 

s.  7  (2). 

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.     R.R.O.  1970,  Reg.  161,  s.  8  (1,2). 

(3)  No  collector  shall  transport  dead  animals 
in  a  vehicle  in  which  a  live  animal  is  being  trans- 
ported. 

(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.     O.  Reg.  751/73,  s.  5. 

9. — (1)  No  person  shall  construct  or  acquire 
premises  for  use  as  a  receiving  or  rendering  plant 
without, 

(a)  notifying  the  Director  of  his  intention; 
and 

(6)  furnishing  the  Director  with  a  copy  of  the 
plan  or  specifications  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  injuriously  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.O. 
1970,  Reg.  161,  s.  9. 

10.  All  liquid  waste  and  drainage  from  the  opera- 
tion of  a  receiving  plant  or  rendering  plant  shall  be 
disposed  of  in  a  sanitary  manner.  O.  Reg.  751/73, 
s.  6,  part. 

11.  Every  practicable  precaution  shall  be  taken  to 
maintain  receiving  plants  and  rendering  plants  free  of 
flies,  rats,  mice  and  other  vermin.  O.  Reg.  751/73, 
s.  6,  part. 

12.  The  yards  of  a  receiving  plant  or  rendering 
plant  shall  be  maintained  in  a  clean  condition. 
O.  Reg.  751/73,  s.  6,  part. 

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. 
O.  Reg.  751/73,  s.  6,  part. 

14.  On  deliver>'  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  organisms  are  destroyed  before 
the  vehicle  or  container  leaves  the  premises  of  the 
plant.     R.R.O.  1970,  Reg.  161,  s.  10. 

15.  Every  plant  shall  have  available  a  supply  of 
potable  hot  and  cold  water  adequate  for  the  efficient 
operation  of  the  plant.     O.  Reg.  751/73,  s.  7. 

16.  Every  plant  shall  be  equipped  with  accommo- 
dation for  washing  and  dressing  for  employees. 
R.R.O.   1970,  Reg.   161,  s.  12. 

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.  1970,  Reg. 
161, s.  13. 

18. — (1)  All  entrails,  bones,  waste  meat  and  refuse 
of  dead  animals,  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.  R.R.O.  1970,  Reg.  161, 
s.  14  (1);  O.  Reg.  751/73,  s.  8. 

(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.  1970,  Reg.  161,  s.  14  (2,3). 


Reg.  236 


DEAD  ANIMAL  DISPOSAL 


31 


19.  \o  person  shall  advertise  for  dead  animals 
or  fallen  animals  unless  he  is  the  holder  of  a  licence 
as  a  collector.     O.  Reg.  751/73,  s.  9. 

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  char- 
coal 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  surfaces;  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  his  fur- 
bearing  animals  or  for  the  fur- 
bearing  animals  of  another  person 
licensed  under  the  Fur  Farms  Act; 
or 

(ii)  to  feed  the  meat  to  his  fur-bearing 
animals;  or 

(b)  where,  in  the  case  of  a  rendering  plant, 
the  meat  is  sterilized  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.  O.  Reg.  751/73,  s.  10, 
part. 

21.  No  person  shall, 

(a)  freeze  or  store  at  a  receiving  plant  or  a 
rendering  plant ; 


(6)  sell,  offer  for  sale,  transport,  deliver  or 
supply  to  any  person  or  otherwise  dis- 
pose of ;  or 

(c)  take  delivery  of,  receive  or  process, 

meat  obtained  from  a  dead  animal  unless  ?uch  meat 
has  been  treated  for  purposes  of  identification  or 
processed  in  the  manner  prescribed  in  this  Regula- 
tion.    O.  Reg.  751/73,  s.  10,  part. 

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  seventy-two  hours  after  it  is  delivered 
to  the  plant.     O.  Reg.  751/73,  s.  10,  part. 

23.  Where  a  broker,  prior  to  reselling  meat 
from  a  dead  animal,  alters  the  form  thereof  in  any 
way  that  reduces  or  eliminates  the  colour  of  the 
surface  resulting  from  the  denaturing  of  the  meat 
by  the  application  of  powdered  charcoal  in  accord- 
ance 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 

it)  repackage  the  meat  in  accordance  with 
clause  20  (1)0).     O.  Reg.  751/73,  s.  10,  part. 

24. — (1)  The  record  required  to  be  made  and  kept 
by  a  collector  shall  be  completed  legibly  in  Form  10  at 
the  time  he  makes  a  collection  of  dead  animals. 

(2)  F'orm  10  shall  be  kept  in  the  vehicle  in  which  any 
animal  to  which  the  record  pertains  is  being  trans- 
ported.    R.R.O.   1970,  Reg.  161,  s.  17. 

25.  The  record  required  to  be  kept  by  the  operator 
of  a  receiving  plant  or  a  rendering  plant. 


(a)  in  respect  of  dead  animals  he  receives  shall  be 
completed  legibly  in  Form  11;  and 

(b)  in  respect  of  the  disposal  of  dead  animals 
shall  be  completed  legibly  in  Form  12. 
R.R.O.  1970,  Reg.  161,  s.  18. 

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.     O.  Reg.  751/73,  s.  11,  part. 

27.  Where  an  inspector  inspects  any  vehicle  used 
in  the  transportation  of  dead  animals  or  any 
receiving  or  rendering  plant,  he  shall  make  a  report 
to  the  Director  showing  the  conditions  found 
upon  inspection.     R.R.O.  1970,  Reg.  161,  s.  19. 

28. — (1)  Where  an  inspector  seizes  a  dead  animal  or 
meat  therefrom  under  clause  15  (3)  (c)  of  the  Act,  he 
shall. 


32 


DEAD  ANIMAL  DISPOSAL 


Reg.  236 


(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  he  beUeves  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  him. 

(2)  Where  an  inspector  is  satisfied, 

(a)  that  the  owner  of  the  dead  animal  or 
meat  that  is  under  seizure  complies  with; 
or 

{b)  that  such  dead  animal  or  meat  has  been 
made  to  comply  with, 

the  Act  or  this  Regulation  in  respect  thereof,  he 
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  contravention  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  he  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  seizure,  the 
Director  may  direct  that  such  dead  animal  or 
meat  be  destroyed  or  otherwise  disposed  of  in 
such  manner  as  he  considers  advisable. 

(5)  The  proceeds,  if  any,  realized  from  the 
disposal  of  a  dead  animal  or  meat  under  sub- 
section (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.  O.  Reg.  751/73,  s.  11, 
part. 


Form  1 

Dead  Animal  Disposal  Act 

APPLICATION  FOR  LICENCE  AS  COLLECTOR 

To  the  Director,  Veterinary  Services  Branch, 

Legislative  Buildings, 

Toronto. 


(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  following  facts  are 
stated : 


1 .  Business  address  of  applicant . 


2.  Number  of  vehicles  operated  by  or  for 
applicant  in  the  collection  of  dead  animals 

3.  Names  of  counties,  etc.  or  parts  thereof  in 
which  dead  animals  are  collected 

4.  Names  of  receiving  plants  and  rendering 
plants  to  which  dead  animals  are  usually 
delivered 


I  undertake  to  furnish  to  the  Director,  Veterinary 
Services  Branch  details  of  any  changes  from  the 
facts  given  in  this  application  within  fifteen  days 
of  the  date  the  changes  are  made. 


Dated  at. 
19.... 


, ,  this ....  day  of . 


(signature  of  applicant) 
(title  of  official  signing) 
R.R.O.  1970,  Reg.  161,  Form  1. 


Reg.  236 


DEAD  ANIMAL  DISPOSAL 


33 


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 


(name) 


(address) 

carrying  on  business  as 

I        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,  Veterinary  Services 
Branch) 

R.R.O.  1970,  Reg.  161,  Form  2. 


Form  3 

Dead  Animal  Disposal  Act 


No. 


Year. 


This  marker  issued  to 


(name) 

Collector  Licence  Number. 

Veterinary  Services  Branch, 
Ministr>'  of  Agriculture  and  Food. 


R.R.O.  1970,  Reg.  161,  Form  3. 


Form  4 

Dead  Animal  Disposal  Act 

APPLICATION  FOR  LICENCE  FOR  THE 
OPERATION  OF  A  RECEIVING  PLANT 

To  The  Director,  Veterinary  Services  Branch, 

Legislative  Buildings, 

Toronto. 


(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,  Veterinary 
Services  Branch,  details  of  any  changes  from  the 
facts  given  in  this  application  within  fifteen  days 
of  the  date  the  changes  are  made. 


Dated  at. 
19.... 


. ,  this ....  day  of . 


(signature  of  applicant) 


(title  of  official  signing) 


R.R.O.  1970,  Reg.  161,  Form  4. 


34 


DEAD  ANIMAL  DISPOSAL 


Reg.  236 


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  licenceis  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,    Veterinary    Services 
Branch) 

R.R.O.  1970,  Reg.  161,  Form  5. 


Form  6 

Dead  Animal  Disposal  Act 

APPLICATION  FOR  LICENCE  FOR  THE 
OPERATION  OF  A  RENDERING  PLANT 

To  The  Director,  Veterinary  Services  Branch, 

Legislative  Buildings, 

Toronto. 

(name  of  applicant) 

(address) 

carrying  on  business  as 

applies  for  a  licence  to  engage  in  the  business  of  an 
operator  of  a  rendering  plant  under  the  Deaa 
Animal  Disposal  Act,  and  in  support  of  this 
application  the  following  facts  are  stated : 

1 .  Business  address  of  appHcant 

2.  Location  of  rendering  plant 


3.  Owner  of  rendering  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,  Veterinary 
Services  Branch  details  of  any  changes  from  the 
facts  given  in  this  application  within  fifteen  days 
of  the  date  the  changes  are  made. 


Dated  at ,  this . 

19.... 


.  day  of . 


(signature  of  applicant) 

(title  of  official  signing) 
R.R.O.  1970,  Reg.  161,  Form  6. 

Form  7 

Dead  Animal  Disposal  Act 

LICENCE  FOR  THE  OPERATION  OF 
RENDERING  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  rendering 


plant  at. 


(location) 

This    licence    expires    with    the    31st    day    of 
December,  19. .  . . 
Issued  at  Toronto,  this day  of ,  19 . . 


(Director,    Veterinary    Services 
Branch) 

R.R.O.  1970,  Reg.  161,  Form  7. 


Reg.  236 


DEAD  ANIMAL  DISPOSAL 


35 


Form  8 

Dead  Animal  Disposal  Act 

APPLICATION  FOR  LICENCE  AS  BROKER 

To  The  Director,  Veterinary 

Services  Branch, 
Ministry  of  Agriculture  and  Food, 
Legislative  Buildings, 
Toronto. 

(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 : 

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 


facts  given  in  this  apphcation  within  fifteen  days 
of  the  date  the  changes  are  made. 


Dated  at this. 

19.... 


.  day  of 


19. 


(signature  of  applicant) 

(title  of  official  signing) 
O.  Reg.  751/73,  s.  13,  part. 

Form  9 

Dead  Animal  Disposal  Act 
LICENCE  AS  BROKER 

Licence  No 


I  undertake  to  furnish  to  the  Director,  Veterinary 
Services  Branch,  details  of  any  changes  from  the 


Under  the  Dead  Animal  Disposal  Act  and  the  regu- 
lations, 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,  1973.  .  .  . 

Issued  at  Toronto,  this day  of 

19.... 


Director,  Veterinary  Services 
Branch 

O.  Reg.  751/73,  s.  13,  part. 


36 


DEAD  ANIMAL  DISPOSAL 


Reg.  236 


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 


I 


Name 


Address 


Kind 


No. 


Approx.  Wgt. 


Name 


Address 


R.R.O.  1970,  Reg,  161,  Form  8. 


Reg.  236 


DEAD  ANIMAL  DISPOSAL 


37 


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 


Name  of  Collector 


Licence  No. 


Date  of 
Delivery 


Kind,  No.  and  Approx.  Weight 
of  Dead  Animals  Received 


Kind 


No. 


Approx.  Weight 


R.R.O.  1970,  Reg.  161,  Form  9. 


38 


DEAD  ANIMAL  DISPOSAL 


Reg.  236 


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DEAD  ANIMAL  DISPOSAL 


39 


Form   13 

Dead  Animal  Disposal  Act 
BROKERS  RECORD  OF  MEAT  RECEIVED  AND  DISPOSAL  OF  MEAT 

Name  of  Broker 

Address 


Date 

Received 
from 

(Name) 

Sold  to 

(Name) 

Address 

MEAT 

(Weight 

in 
Pounds) 

OFFAL 

Meat  Held 
(in  Pounds) 

Offal  Held 
(in  Pounds) 

(Weight 

in 
Pounds) 

O.  Reg.  751/73,  s.  13,  part. 


Reg.  237 


DENTAL  TECHNICIANS 


41 


REGULATION  237 


under  the  Dental  Technicians  Act 


GENERAL 

1. — (1)  A  dental  technician  may  be  admitted  to 
carry  on  business  in  Ontario  if, 

(a)  he  is  of  the  full  age  of  eighteen  years; 

(b)  he  has  successfully  completed  Grade  12 
in  Ontario  or  its  equivalent  in  another 
jurisdiction; 

(c)  he  has, 

(i)  served  in  Ontario  as  a  dental  tech- 
nician in  the  employment  of  a  dentist 
or  a  dental  technician  for  a  jjeriod  of 
at  least  four  years,  or 

(ii)  successfully  completed  an  approved 
program  in  dental  technology  at  a 
College  of  Applied  Arts  and  Tech- 
nology of  Ontario  and  has  served 
one  year  under  the  supervision  of  a 
dentist  or  a  registered  dental  tech- 
nician ; 

(d)  he  has  passed  the  examinations  of  the 
Board;  and 

(e)  he  has  paid  the  registration  fees  within  one 
year  of  successful  completion  of  the  Board 
examinations.  R.R.O.  1970,  Reg.  162, 
s.  1  (1);0.  Reg.  490/75,  s.  1. 

(2)  The  service  referred  to  in  clause  (1)  (c)  may  have 
been  performed  outside  Ontario  while  the  applicant 
was  a  member  of  the  Canadian  Forces.  R.R.O. 
1970,  Reg.  162,  s.  1  (2). 

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.     R.R.O.  1970,  Reg.  162,  s.  2  (1). 

(2)  A  notice  referred  to  in  subsection  (1)  shall  be 
accompanied  by  an  examination  fee  of  $100. 
O.  Reg.  490/75,  s.  2. 

3. — (1)  The  secretary-treasurer,  shall  register 
every  dental  technician  who  is  eligible  for  regis- 
tration, applies  in  Form  3  and  pays  a  registration 
fee  of  $100.     O.  Reg.  490/75,  s.  3. 

(2)  Upon  registering  a  dental  technician,  the 
secretary-treasurer  shall  issue  to  the  dental  techni- 
cian a  certificate  of  registration  in  Form  1.  R.R.O. 
1970,  Reg.  162,  s.  3  (2). 


4. — (1)  A  certificate  of  registration  expires  if  the 
renewal  fee  of  $100  is  not  paid  on  or  before  the  last 
day  of  February  in  the  year  following  the  year  in 
which  it  was  issued  or  last  renewed.  O.  Reg. 
490/75,5.4. 

(2)  When  a  certificate  of  registration  expires,  the 
secretary-treasurer  shall  strike  the  name  of  the 
former  holder  of  the  certificate  from  the  register. 
R.R.O.  1970.  Reg.  162,  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  registration,  the  secretary- 
treasurer  shall  re-register  the  dental  technician, 

(a)  upon  application  for  re-registration  in 
Form  2 ;  and 

(b)  up)on  payment  of  a  re-registration  fee  of 
$110.     O.Reg.  490/75,  s.  5. 

6. — (1)  The  Board  shall  appoint  a  committee  of 
examiners  composed  of  not  less  than  two  dental 
technicians  and  one  dentist  who  shall  have  charge  of 
the  annual  examinations  at  Toronto  of  appUcants 
for  registration. 

(2)  The  committee  of  examiners  shall  conduct 
annual  examinations  at  a  time  or  times  that  the 
Board  shall  direct  and  the  examinations  shall 
consist  of  a  practical  test  in  the  work  ordinarily 
performed  by  a  dental  technician  and  other  written 
or  oral  examinations  on  dental  technology.  R.R.O. 
1970,  Reg.  162,  s.  6. 

7. — (1)  Every  member  of  the  Board, 

(fl)  shall  be  paid  a  fee  of  $100  together  with  his 
reasonable  travelling  and  hotel  expenses  for 
each  day  or  portion  of  a  day  while  engaged  in 
attending  a  meeting  of  the  Board; 

(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 
his  reasonable  travelling  and  hotel  expenses 
and  such  fee  as  is  reasonable  not  exceeding 
$100  a  day. 

(2)  Every  examiner  appointed  under  section  6  shall 
be  paid  a  fee  of, 

(o)  $100  for  each  day  of  the  examination;  and 


42 


DENTAL  TECHNICIANS 


Reg.  237 


ib)  $100  for  each  day  or  part  of  a  day  while 
attending  a  meeting  of  the  committee  of 
examiners, 

but  not  to  exceed  $400  for  each  annual  examina- 
tion.    O.  Reg.  244/80,  s.  1. 


DISCIPLINE   AND   ETHICS 

8. — (1)  No  dental  technician  shall, 

(a)  advertise  himself  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  exclusively  devoted  to 
dental  surgery  or  dental  technique, 
or  both,  or  in  a  printed  publication 
circulated  exclusively  among  den- 
tists or  physicians  or  dental  techni- 
cians, an  announcement  or  card 
giving  his  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  work  or 
products  as  a  dental  technician,  except 
to  quote  or  state  upon  a  bona  fide  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  tech- 
nician; 

(c)  use  in  the  manufacture  or  repair  of  oral 
prosthetic  devices,  materials  other  than 
those  prescribed  by  the  dentist  or  physi- 
cian for  whom  the  work  is  being  performed ; 

(d)  directly  or  indirectly  advertise  expressly 
or  by  implication  that  he, 

(i)  gives  consultations, 

(ii)  gives  free  service, 

(iii)  grants  premiums, 

(iv)  grants  rebates,  discounts  or  re- 
ductions, or 

(v)  promises  the  rett'.rn  or  refunding  of 
money  paid  for  services  rendered  by 
him  as  a  dental  technician; 

(e)  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 


(/)  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)  is  guilty  of  misconduct. 
R.R.O.   1970,  Reg.   162,  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  registration  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  service, 

(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  complaint  in 
writing. 

(3)  The  person  against  whom  the  complaint  has 
been  made  is  entitled  to  attend  and  answer  the  com- 
plaint and  to  be  represented  by  counsel  at  the 
hearing  but,  where  he  does  not  attend,  the  Board 
may  proceed  in  his  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.  1970, 
Reg.  162,  s.  9. 

Form  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. .  . . 


Secretary-Treasurer  of  the 
Governing  Board  of  Dental 
Technicians 

R.R.O.  1970,  Reg.  162,  Form  1., 


Reg.  237 


DENTAL  TECHNICIANS 


43 


Form  2 
Dental  Technicians  Act 
APPLICATION  FOR  REREGISTRATION 
1.  I 


(print  name  in  full) 


of  the. 


(print  full  postal  business  address) 

hereby  apply  to  the  Board  for  the  restoration 
of  my  name  to  the  register  of  dental  technicians. 

2.  I  enclosed  a  re- registration  fee  of  $110. 

Dated  at this day  of 

19.... 


(signature  of  applicant) 


R.R.O.   1970,  Reg.   162,  Form  2;  O.  Reg.  490/75, 

s.7(l). 


Form  3 

Dental  Technicians  Act 

APPLICATION  FOR  EXAMINATION 
AND  REGISTRATION 

1.1, 


(print  name  in  full) 


of. 


(address  in  full) 
Telephone  Number . 


hereby  make  apphcation  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,  bap- 
tism, etc.). 

ii.  Proof  of  completion  of  Graflc  12  in  Ontario  or 
the  equivalent  in  another  jurisdiction. 

iii.  Proof  of  serxice  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  pro- 
gram 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  Technicians  in  the  sum  of  $100. 

V.  Two  character  references. 

vi.  A  recent  photograph,  passport  size. 

If  1  obtain  pass  standing  at  the  examination  I 
shall  remit  forthwith  to  the  Board  my  registration 
fee  of  $  100  after  receiving  notification  from  the  Board. 


Dated  at this. 

19.... 


.day  of. 


(signature  of  applicant) 
O.  Reg.  490/75,  s.  7  (2). 


Reg.  238 


DENTURE  THERAPISTS 


45 


REGULATION  238 

under  the  Denture  Therapists  Act 


GENERAL 

1. — (1)  The  following  licence  is  prescribed: 

1.  A  licence  for  the  practice  of  denture 
therapy.  O.  Reg.  42/75,  s.  1  (1);  O.  Reg. 
245/80.  s.   1  (1). 

(2)  A  licence  for  the  practice  of  denture  therapy 
shall  be  in  Form  1.     O.  Reg.  42/75,  s.  1  (2). 

2. — (1)  The  requirements  and  qualifications  for  the 
issuing  of  a  licence  to  an  applicant  to  practise  denture 
therapy  are, 

(a)  submission  of  a  completed  application  for  a 
licence  to  practise  denture  therapy  in  a  form 
supplied  by  the  Registrar; 

(b)  one  of, 

(i)  a  diploma  in  denture  therapy  from  a 
College  of  Applied  Arts  and  Technol- 
ogy in  Ontario  based  upon  successful 
completion  of  a  program  of  studies  in 
denture  therapy  that, 

(A)  was  taken  wholly  at  the  College 
issuing  the  diploma, 

(B)  was  approved  by  the  Board, 
and 

(C)  the  applicant  completed  two 
years  or  less  immediatel\'  before 
submitting  his  application,  or 

(ii)  successful  completion  of  a  program  of 
studies  in  denture  therapy  outside 
Ontario  that  the  Board  considers  to  be 
equivalent  to  the  program  of  studies 
referred  to  in  subclause  (i); 

(c)  successful  completion  of  the  licensing  exami- 
nations of  George  Brown-  College  of  Applied 
Arts  and  Technology  and  compliance  with  all 
requirements  associated  with  those  examina- 
tions, except  for  an  applicant, 

(i)  who  complies  with  subclause  (b)  (i), 
and 

(ii)  whose  diploma  is  from  George  Brown 
College  of  Applied  Arts  and  Technol- 
ogy; 


(d)  successful  completion  of  the  examinations  if 
any,  set  or  approved  by  the  Board  and  pay- 
ment of  the  fee  prescribed  in  section  5; 

(e)  Canadian  citizenship,  or  an  immigrant  or 
employment  visa  under  the  Immigration  Act, 
1976  (Canada); 

(/)  reasonable  fluency  in  the  English  or  French 
language; 

(g)  evidence  that  there  has  been  no  finding  of, 
and  there  are  no  current  proceedings  involv- 
ing an  allegation  of,  professional  misconduct, 
incompetence  or  being  incapacitated,  or  any 
like  finding  or  proceeding,  in  respect  of  the 
applicant's  practice  of  a  profession  in  any 
jurisdiction  where  the  applicant  has  practised 
a  profession; 

(//)  payment  of  the  licence  fee  prescribed  in  sub- 
section 3(1);  and 

a )  payment  of  the  fee  prescribed  in  subsection  3 
(2)  for  entry  in  the  register. 

(2)  It  is  a  requirement  for  the  issuing  of  a  licence  to 
an  applicant  who  seeks  to  qualify  under  subclause  {b) 
(ii)  that  the  applicant  shall  submit  in  person  his  orig- 
inal diploma  for  inspection  by  the  Registrar.     O.  Reg. 

245/80,  s.  2. 

3. — (1)  The  fee  for  a  licence  to  practise  denture 
therapy  is  $175. 

(2)  The  fee  for  entry  in  a  register  referred  to  in  sub- 
section 4  (5)  of  the  Act  is  .SIO. 

(3)  The  annual  fee  payable  by  a  licensee  is  $175  and  is 
due  and  payable  on  or  before  the  anniversary  date  of  the 
issuance  of  the  licence.     O.  Reg.  245/80,  s.  3. 

(4)  The  Registrar  shall  send  to  every  licensee  at 
least  one  month  before  the  anniversary  date  of  the 
issuance  of  the  licence,  a  notice  respecting  the 
required  payment  of  annual  fees.     O.  Reg.  42/75, 

s.3(4). 

4. — (1)  A  person  whose  licence  has  been  cancelled 
by  the  Registrar  for  non-payment  of  the  annual 
fee  may  make  application  to  have  his  licence 
reissued  upon  payment  of  all  outstanding  fees 
together  with  a  penalty  fee  of  $25  provided  that  not 
more  than  two  years  have  elapsed  from  the  date 
of  the  cancellation  of  the  licence. 


46 


DENTURE  THERAPISTS 


Reg.  238 


(2)  A  denture  therapist  whose  licence  has  been 
suspended  shall  pay  all  outstanding  fees  or  any 
penalties  imposed  by  the  Discipline  Committee 
prior  to  resuming  the  practice  of  denture  therapy. 
O.  Reg.  42/75,5.4. 

5.  The  fee  for  entry  to  licensing  examinations  set  or 
approved  by  the  Board  is  $350.     O.  Reg.  245/80,  s.  4. 

6. — (1)  A  denture  therapist  shall  not  practise 
denture  therapy  where  there  is  a  conflict  of  interest. 

(2)  It  is  a  conflict  of  interest  for  a  denture 
therapist  to, 

(a)  use  without  reasonable  payment  any  prem- 
ises or  equipment  provided  by  a  person  who 
stands  to  gain  financially  from  the  pre- 
scribing 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 
with  any  person  or  corporation  other  than, 

(i)  with    a    denture    therapist    who    is 
'.  engaged  in  the  practice  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  government, 
agency  of  such  government,  univer- 
sity or  hospital ; 

(d)  charge  or  receive  for  a  prosthetic  appliance 
payment  in  excess  of  the  commercial 
laboratory  costs  incurred  by  the  denture 
therapist  in  the  provision  of  the  service 
provided  by  the  denture  therapist;  or 

(e)  own  or  have  any  proprietary  interest  in  a 
commercial    dental    laboratory.     O.    Reg. 

42/75,  s.  6(1,2). 

(3)  For  the  purpose  of  this  section,  "commercial 
dental  laboratory"  means  a  laboratory  operated 
by  a  registered  dental  technician  or  a  corporation 
wherein  prosthetic  devices  are  fabricated  on  the 
prescription  of  a  dentist  but  does  not  include 
premises  wherein  prosthetic  devices  are  fabricated 
by  a  denture  therapist  for  his  own  patients. 
O.Reg.  42/75,  s.  6(4). 

7.  For  the  purposes  of  the  Act,  "professional 
misconduct"  means. 


1.  failure  by  a  licensee  to  abide  by  the 
terms,  conditions  or  limitations  of  his 
licence ; 

2.  failure  to  maintain  the  records  that  are 
required  to  be  kept  respecting  the  licensee's 
patients ; 

3.  failure  to  issue  a  receipt  or  statement  to 
a  patient  or  to  a  third  party  responsible 
for  the  payment  of  an  account  that  does 
not  itemize  the  service  provided  and  the 
fees  therefor; 

4.  exceeding  the  lawful  scope  of  practice; 

5.  having  a  conflict  of  interest ; 

6.  using, 

i.  terms,  titles  or  designations  other 
than  those  authorized  or  prescribed 
by  this  Regulation,  or 

ii.  the  words  "clinic",  "dental  centre", 
or  any  other  form  of  dental  group 
designation ; 

7.  failure  to  refer  to  a  dental  surgeon  or  a 
physician  a  patient  who  has  an  intra  oral 
condition  that  is  not  normal  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  therapy 
except  as  provided  for  under  subsection  3  (2) 
of  the  Act; 

9.  using  or  knowingly  permitting  the  use  of 
any  description  or  designation  of  a  denture 
therapist  other  than  as  a  denture  therapist 
except  for  any  academic  degrees,  titles  or 
entitlements  that  are  not  related  to  the 
practice  of  dentistry ; 

10.  the  contravention  of  any  provisions  of  the 
Act  or  the  regulations ; 

1 1 .  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  voca- 
tional designation,  the  licensee's 
address,  academic  degrees,  except 
those  that  are  related  to  the  practice 
of  dentistry,  telephone  number  and 
office  hours, 

ii.  an  announcement  in  a  newspaper  or  a 
weekly  or  monthly  periodical  that  does 
not  contain  more  than  the  information 


Reg.  238 


DENTURE  THERAPISTS 


47 


contained  in  an  announcement  card, 
and 

A.  does  not  exceed  two  standard 
newspaper  columns  in  width 
and  five  centimetres  in  depth, 
including  the  margins, 

B.  is  not  part  of  an  advertisement 
containing  references  to  dental 
equipment  or  to  prosthetic 
appliances,  and 

C.  does  not  appear  more  than 
once  in  any  issue  of  the  news- 
paper 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  com- 
mencement of  the  practice  of  the 
denture  therapist,  a  change  of  loca- 
tion or  a  new  association  in  practice, 

vi.  one  exterior  sign  or,  where  there  are  no 
door  plates  or  building-directory  list- 
ings, not  more  than  two  exterior  signs 
stating  his  name  and  his  vocational 
designation,  which  signs  shall  be  on 
the  premises  where  the  denture 
therapist  practises,  provided  that, 

A.  only  one  sign  may  be  a  sus- 
pended sign, 

B.  only  one  sign  may  be  illumi- 
nated, 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  cen- 
timetres 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  practice  of 
denture  therapy  that  contain  no  more 
than  the  name  of  the  licensee,  a  voca- 
tional designation  and  academic 
degrees  other  than  those  that  are 
related  to  the  practice  of  dentistrv'  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  geo- 
graphical area  in 
which  the  denture 
therapist  practises 
denture  therapy,  and 

3.  be  used  only  in  the 
part  designated 
"denture  therapists" 
and  where  the  practice 
of  denture  therapy  is 
carried  on  as  a  partner- 
ship list  only  the  part- 
nership name ; 

12.  using  or  having  in  the  office  premises 
dental  equipment  other  than  equipment 
required  in  the  practice  of  denture  therapy ; 

13.  charging  fees  that  are  excessive  or  un- 
reasonable 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  state- 


48 


DENTURE  THERAPISTS 


Reg.  238 


ment  the  denture  therapist  knows  or 
ought  to  know  is  false,  misleading  or 
otherwise  improper; 

16.  signing  or  issuing  'a  certificate,  report  or 
similar  document  that  withholds  state- 
ments or  information  the  licensee  knows  or 
ought  to  know  should  be  disclosed  to  the 
person  to  whom  the  document  will  be 
delivered  or  to  whom  its  contents  will  be 
made  known ; 

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  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.  selling  of  accounts  by  denture  therapists 
to  third  parties; 

21.  using  or  having  in  the  licensee's  office 
drugs  or  anaesthetics  of  any  kind ; 

22.  soliciting  of  patients  by  a,  supervised 
denture  therapist ; 

23.  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 ; 

24.  using  credit  cards  to  obtain  payment  for 
denture  therapy  services  from  patients; 

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  with- 
out the  approval  of  the  Board; 

31.  conviction  of  an  offence  that  affects  the 
fitness  of  a  licensee  to  engage  in  the 
practice  of  denture  therapy; 

32.  an  act  relevant  to  the  practice  of  denture 
therapy  that,  having  regard  to  all  the 
circumstances,  would  reasonably  be  regard- 
ed as  disgraceful,  dishonourable  or  unpro- 
fessional conduct;  and 

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  register 
referred  to  in  subsection  4  (5)  of  the  Act. 
O.  Reg.  42/75,  s.  7;  O.  Reg.  658/75,  s.  1; 
O.  Reg.  42/77,  s.  1;  O.  Reg.  245/80,  s.  5. 

8.  Notwithstanding  paragraph  11  of  section  7,  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  employ- 
ment as  a  denture  therapist  other  than  by  a 
professional  card  that  gives  his  name,  academic 
degrees  and  vocational  designation.  O.  Reg.  42/75, 
s.  8. 

9. — (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  education  and  qualifica- 
tion in  denture  therapy. 

(2)  Where  a  licensee, 

(a)  does  not  have  the  education  and  has  not 
earned  the  qualification  referred  to  in  sub- 
section (1);  and 

(b)  is  exempt  from  the  requirements  and  qualifi- 
cations set  out  in  clause  2  (1)  (b), 

the  name  of  the  licensee  that  shall  be  entered  in  the 
register  referred  to  in  subsection  4  (5)  of  the  Act  shall 
be, 

(c)  where, 

(i)  the  licensee  is  an  immigrant,  the  name 
of  the  licensee  as  it  appears  in  the 
documentary  evidence  of  his  immi- 
gration, or 

(ii)  the  licensee  was  an  immigrant  and  is 
now  a  citizen  of  Canada,  the  name  of 
the    licensee    as    it    appears    in    the 


Reg.  238 


DENTURE  THERAPISTS 


49 


documentary  evidence  of  his  citizen- 
ship; or 

W)  such  name,  other  than  the  name  referred 
to  in  clause  (c),  as  the  Registrar  considers 
proper. 

(3)  An  appHcant  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  Regis- 
trar 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  com- 
petent jurisdiction  in  Ontario  changing  the 
applicant's  or  licensee's  name;  or 

(6)  a  certified  copy  of  a  valid  certificate  of  mar- 
riage 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,  suffi- 
ciently 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  impro- 
per purpose.     O.  Reg.  245/80,  s.  6. 

10. — (1)  A  denture  therapist  shall  use  only  one  of 
the  designations  in  subsection  (2)  on  printed  material 
and  permitted  advertisements  associated  with  his 
practice  and  his  office,  but  may  place  academic 
degrees  he  has  earned  after  his  name  other  than 
degrees  related  to  the  practice  of  dentistry. 

(2)  The  following  terms,  titles  or  designations  are 
authorized  as  vocational  designations  for  denture 
therapists: 

1.  Denture  Therapist. 

2.  D.T. 

3.  Denture  Therapy  Clinic. 

(3)  All  words  in  a  term,  title  or  designation  referred 
to  in  subsection  (2)  wherever  used,  shall  be  of  uniform 
size.     O.  Reg.  245/80,  s.  7. 

11.  The  decisions  of  the  DiscipHne  Committee 
shall  be  published  by  the  Board  in  its  annual  report 
and  may  be  published  by  the  Board  in  any  other 
publication  of  the  Board,  and  where  a  denture 
therapist  has  been  found  guilty  of  professional 
misconduct  or  incompetence,  the  full  name  and 
address  of  the  denture  therapist  may  be  stated 
and  a  summary  of  the  charge,  the  decision  and  the 
text  or  substance  of  any  restriction  on  the  licence 
of  the  denture  therapist  or  of  any  reprimand  may 
be  added,  but  where  a  denture  therapist  has  been 
found  not  guilty  of  professional  misconduct  or 
incompetence,  the  identity  of  the  denture  therapist 


shall  not  be  published  but  the  substance  of  the 
proceedings  may  be  published  without  identification 
of  the  parties  for  the  purpose  of  publishing  advice 
to  the  denture  therapist  or  to  the  profession.  O.  Reg. 
42/75.  s.  10. 

12. — (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  infprmation  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  compilation  of 
statistics.     O.  Reg.  42/75,  s.  11. 

13.  Every  licensee,  except  a  licensee  who  is  a 
supervised  denture  therapist,  shall  make  and  keep 
patient  and  financial  records  respecting  his  patients 
and  the  record  for  each  patient  shall  contain  not 
less  than, 

(a)  the  patient's  history; 
(6)  the  procedures  used; 

(c)  the  prosthetic  appliances  or  devices  provid- 
ed; and 

(d)  the  licensee's  fees  and  charges  made  to 
the  patient.     O.  Reg.  42/75,  s.  12. 

14.  The  Registrar  shall  perform  the  duties  imposed 
upon  him  by  the  Act,  the  regulations  and  the 
by-laws  of  the  Board.     O.  Reg.  42/75,  s.  13. 


Form  1 

Denture  Therapists  Act 

LICENCE  FOR  THE  PRACTICE  OF 
DENTURE  THERAPY 

GOVERNING  BOARD  OF  DENTURE 
THERAPISTS 

This  is  to  certify  that 


is  duly  licensed  as  a  denture  therapist  under  the 
Denture  Therapists  Act,  and  is  entitled  to  engage  in  the 
practice  of  denture  therapy  in  accordance  with  the  Act 
and  the  regulations  thereunder. 


50 


DENTURE  THERAPISTS 


Reg.  238 


(SEAL) 

Given  under  the  Corporate  Seal  of  the  Governing 

Board  of  Denture  Therapists  at  Toronto  this 

day  of ,  19 


Licence  Number. 


Chairman 


Registrar 
O.  Reg.  42/75,  Form  1. 


Reg.  239 


DEPOSITS  REGULATION 


51 


REGULATION  239 

under  the  Deposits  Regulation  Act 


GENERAL 


1.  Any  proposed  advertisement  submitted  for  cer- 
tification 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.  1970,  Reg.  223,  s.  1. 

2.  Upon  being  satisfied  that  the  proposed  adver- 
tisement complies  with  the  provisions  of  the  Act  and 
the  regulations,  the  Commission  shaU  direct  the 
Registrar  of  the  Commission  to  issue  a  certificate. 
R.R.O.  1970,  Reg.  223,  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.  1970,  Reg.  Ill,  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  segre- 
gated as  required  by  subsection  5  (1)  of  the  Act  show- 
ing the  cash  on  hand  or  deposited  in  any  bank  to  which 
the  Bank  Act  (Canada)  applies  and  showing  the  prin- 
cipal amount,  the  acquisition  date,  the  maturity  date 
and  the  description  of  every  short  term  security  held. 
R.R.O.  1970,  Reg.  223,  s.  4. 

5. — (1)  The  return  required  to  be  furnished  by  sub- 
section 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  state- 
ments 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.  1970,  Reg.  223,  s.  5. 

6.  The  fees  that  shall  be  paid  to  the  Commission 
are  as  follows : 

1.  Upon  the  submission  of  an  advertise- 
ment under  subsection  4  (1)  of  the  Act, 

i.  for  the  first  proposed  advertise- 
ment   $  SO 


ii.  for  each  additional  proposed  ad- 
vertisement thereafter $  10 

Upon  furnishing  each  return  under  sub- 
section 5  (3)  of  the  Act 25 

For  an  inspection  by  a  duly  authorized 
representative  of  the  Commission  under 
subsection  5  (4)  of  the  Act,  the  rate  per 
day  per  representative  shall  be  $25. 
R.R.O.  1970,  Reg.  223,  s.  6. 


Form   1 

Deposits  Regulation  Act 

Particulars  of  the  security  for  deposits  accepted  or 
received  by  a  person  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. 


Date. 


Signed. 


Auditor 


S2 


DEPOSITS  REGULATION 


Reg.  239 


Schedule  A 


Acquisition 
Date 

Full  Description  of 
Security 

Maturity 
Date 

Cost 

Market 
Value 

Principal 
Amount 

Totals 

1 

$ 

1 

$ 

1 

$ 

R.R.O.  1970,  Reg.  223,  Form  1. 


Reg.  240 


DEVELOPMENT  CORPORATIONS 


S3 


REGULATION  240 

under  the  Development  Corporations  Act 

APPROVAL  OF  LOANS  AND  GUARANTEES 

L  No  loans  may  be  made  or  guarantees  given  for  the  payment  of  loans  in  excess  of  $250,000.00  under 
clauses  12  (1)  (a)  and  (b)  of  the  Act  unless  the  approval  of  the  Lieutenant  Governor  in  Council  has  been  first 
obtained.     O.  Reg.  382/75,  s.  1. 


Reg.  241 


DEVELOPMENT  CORPORATIONS 


55 


REGULATION  241 


under  the  Development  Corporations  Act 


ONTARIO  INTERNATIONAL  CORPORATION 

1.  Under  section  5  of  the  Act,  the  Ontario  Interna- 
tional Corporation  is  constituted  on  behalf  of  Her 
Majesty  in  right  of  Ontario  as  a  corporation  without 
share  capital  with  the  following  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  generality  of  the  foregoing, 

i.  the  provision  of  services  to  co-ordi- 
nate the  public  and  private  sector 
with  respect  to  the  export  of  Ontario 
oriented  products  and  services;  and 

ii.  the  provision  of  financial  assistance 
by  way  of  loan  or  guarantee,  to  a  per- 
son carrying  on  an  industrial  under- 
taking 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. 

3.  To  structure,  promote,  market  and  finalize 
export  transactions  of  maximum  benefit  to  the 
Ministries  and  boards,  agencies  and  commis- 
sions of  the  Government  of  Ontario  as  well  as 
the  private  sector  in  fields  such  as  Energ>-, 
Environment,  Health,  Education,  Agricul- 
tural Resources,  Transportation,  and  manu- 
facturing. 

4.  To  do  all  things  that  are  incidental  or  condu- 
cive to  the  attainment  of  the  objects  of  the 
Ontario  International  Corporation.     O.  Reg. 

496/80,  s.  1. 

2.  The  Ontario  International  Corporation  shall  con- 
sist of  not  fewer  than  three  and  not  more  than  seven 
members  to  be  appointed  by  the  Lieutenant  Governor 
in  Council.     O.  Reg.  496/80,  s.  2. 

3.  The  members  of  the  Ontario  International  Cor- 
poration shall  form  and  be  its  board  of  directors  and  the 
Lieutenant  Governor  in  Council  shall  designate  one  of 
them  as  chairman.     O.  Reg.  496/80,  s.  3. 


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.     O.  Reg.  496/80,  s.  4. 

5.  The  fiscal  year  of  the  Ontario  International  Cor- 
poration shall  commence  on  the  1st  day  of  April  in  each 
year  and  end  on  the  3 1st  day  of  March  in  the  following 
year.     O.  Reg.  496/80,  s.  5. 

6.  The  Corporations  Act  and  the  Corporations 
Information  Act  do  not  apply  to  the  Ontario  Interna- 
tional Corporation.     O.  Reg.  496/80,  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  expens^ 
allowances  as  are  from  time  to  time  fixed  by  the 
Lieutenant  Governor  in  Council.  O.  Reg.  496/80, 
s.  7. 

8.  A  majority  of  the  members  of  the  Ontario  Inter- 
national Corporation  constitutes  a  quorum  at  meetings 
of  the  board  of  directors.     O.  Reg.  496/80,  s.  8. 

9.  The  board  of  directors  may  make  by-laws  reg- 
ulating its  proceedings  and  generally  for  the  conducti 
and  management  of  the  affairs  of  the  Ontario  Interna- 
tional Corporation.     O.  Reg.  496/80,  s.  9. 

10.  The  affairs  of  the  Ontario  International  Cor- 
poration are  under  the  management  and  control  of  the 
board  of  directors  and  the  chairman  shall  preside  at  all 
meetings  of  the  board  of  directors.  O.  Reg.  496/80, 
s.  10. 

1 1.  In  exercising  its  powers  the  Ontario  Internation- 
al Corporation  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  Gov- 
ernment of  Ontario.     O.  Reg.  496/80,  s.  11. 

12.  Such  employees  may  be  appointed  under  the 
Public  Service  Act  as  are  considered  necessar\'  from 
time  to  time  for  the  proper  conduct  of  the  business  of  the 
Ontario  International  Corporation.  O.  Reg.  496/80, 
s.  12. 


13.  In  accordance  with  government  policy,  the 
Ontario  International  Corporation  may  engage  persons 
other  than  those  appointed  under  section  12  to  provide 
professional,  technical,  or  other  assistance  to  or  on 
behalf  of  the  Ontario  International  Corporation,  and 
may  prescribe  their  duties  and  other  terms  of  engage- 
ment and  provide  for  payment  of  the  remuneration  and 
expenses  of  such  persons.     O.  Reg.  496/80,  s.  13. 


56 


DEVELOPMENT  CORPORATIONS 


Reg.  241 


14.  No  member,  officer  or  employee  of  a  corpora- 
tion, or  other  person  acting  on  behalf  of  the  Ontario 
International  Corporation,  is  personally  liable  for  any- 
thing done  or  omitted  in  good  faith  in  the  exercise  or 
purported  exercise  of  the  powers  conferred  by  this  Reg- 
ulation.    O.  Reg.  496/80,  s.  14. 

15.  The  accounts  and  financial  transactions  of  the 
Ontario  International  Corporation  shall  be  audited 
annually  by  the  Provincial  Auditor  and  reports  of  the 
audit  shall  be  made  to  the  Ontario  International  Cor- 
poration and  to  the  Minister.     O.  Reg.  496/80,  s.  IS. 

16.  The  Ontario  International  Corporation  shall 
make  a  report  annually  to  the  Minister  on  the  affairs  of 


the  Ontario  International  Corporation,  and  the  Minis- 
ter shall  submit  the  report  to  the  Lieutenant  Governor 
in  Council  and  shall  then  lay  the  report  before  the 
Assembly  if  It  is  in  session  or,  if  not,  at  the  next  ensuing 
session.     O.  Reg.  496/80,  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  he  may  require.     O.  Reg.  496/80,  s.  17. 

18.  The  Ontario  International  Corporation  termi- 
nates on  the  1st  day  of  June,  1983,  or  on  such  day 
thereafter  as  the  Lieutenant  Governor  in  Council  may 
designate.     O.  Reg.  496/80,  s.  18. 


Reg.  242 


DEVELOPMENTAL  SERVICES 


57 


REGULATION  242 

under  the  Developmental  Ser\ices  Act 


GENERAL 
Part  I 

INTERPRETATION 

1. — (1)  In  this  Regulation, 

(a)  "approved  children's  home"  means  a  home 
approved  by  the  Minister  and  desijinated  as  a 
class  of  facility  in  subsection  2  (3); 

{b)  "architect"  means  a  person  who  is  a  member 
of  the  Ontario  Association  of  Architects  or  a 
person  who  is  licensed  to  practise  as  an 
architect  under  the  Architects  Ad; 

(c)  "corporation"  means  a  corporation  without 
share  capital  having  objects  of  a  charitable 
nature, 

(i)  to  which  Part  III  of  the  Corporations 
Act  applies,  or 

(ii)  that  is  incorporated  under  a  general  or 
special  Act  of  the  Parliament  of  Can- 
ada; 

W)  "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  com- 
monly associated  with  the  provision  of 
any  such  specified  services,  but  docs  not 
include  any  part  of  such  items  and  health 
services  payable  under  the  Ontario  Health 
Insurance  Plan  under  the  Health  Insurance 
Act; 

(e)  "licensed  public  accountant"  means  a  public 
accountant  licensed  under  the  Public 
Accountancy  Act; 

(/)  "professional  engineer"  means  a  person 
registered  as  a  professional  engineer  or  a  per- 
son who  is  licensed  to  practise  as  a  profes- 
sional engineer  under  the  Professional 
Engineers  Act.  O.  Reg.  213/74,  s.  1  (1); 
O.  Reg.  218/80,  s.   1(1,  2). 

(2)  For  the  purposes  of  the  Act  and  this  Regu- 
lation, 

(a)  "assistance"  means, 


(i)  aid  in  any  form  to  a  resident  for  the 
purpose  of  providing  all  or  any  of  the 
following, 

(A)  care  in  a  facility, 

(B)  food,  shelter,  clothing,  fuel, 
utilities,  household  supplies 
and  personal  requirements, 

(C)  travel  and  transportation, 
(U)  a  funeral  and  burial, 

(E)  health  care,  and 

(F)  services  purchased  on  behalf  of 
a  resident, 

(ii)  aid  in  any  form  to  a  person  with  a 
developmental  handicap  other  than  a 
resident  for  the  purpose  of  providing 
all  or  an>-  of  the  following, 

(A)  residential  care, 

(B)  parent  relief,  and 

(C)  travel  and  transportation; 

{b)  "services"  means  services  for  a  person  with 
a  developmental  handicap  and  includes, 

(i)  diagnosis  and  assessment, 

(ii)  homemaker  services, 

(iii)  day  care, 

(iv)  training  and  rehabilitation, 

(v)  casework  and  counselling, 

(vi)  health  care, 

(vii)  research  and  evaluation, 

(viii)  training  programs  to  offer  instruction 
in  the  nature  of  mental  retardation  and 
its  prevention, 

(ix)  infant  stimulation, 

(x)  behaviour  management  training, 

(xi)  demonstration  projects, 

(xii)  staff  training  for  the  benefit  of  persons 
with  developmental  handicaps. 


58 


DEVELOPMENTAL  SERVICES 


Reg.  242 


(xiii)  information  programs  to  increase 
awareness  of  existing  services  for 
developmentally  handicapped  per- 
sons, and 

(xiv)  training  in  life  skills  for  persons  with  a 
developmental  handicap.  O.  Reg. 
213/74,  s.  1  (2);  O.  Reg.  218/80, 
s.  1  (3,  4). 


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  develop- 
mental handicap  are  designated  as  a  class  of  facility 
to  which  the  Act  and  this  Regulation  apply.  O.  Reg. 
213/74,  s.  2. 

(3)  Homes  approved  by  the  Minister  for  the  provid- 
ing of  residential  accommodation  for  or  on  behalf  of 
children  under  eighteen  years  of  age  with  a  develop- 
mental 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.  O.  Reg. 
218/80,  s.  2. 

Part  III 

OPERATING   SUBSIDY 

3. — (1)  Every  person  who  operates  a  facility  desig- 
nated in  Schedule  2  or  3  shall,  annually,  prepare  and 
submit  to  the  Minister  an  estimate  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  Minister. 

(2)  A  person  who  submits  an  estimate  under  sub- 
section (1)  may  at  any  time  during  the  budget  year 
after  the  estimate  has  been  approved  by  the  Minister 
submit  to  the  Minister  for  his  approval  an  amend- 
ment 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  subsection  (1)  or  (2)  or  he  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  Schedule  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  payable  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  pay- 
able 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.     O.  Reg.  213/74,5.3(1-5). 

(6)  Subject  to  subsection  (8),  the  amount  of  each 
instalment  payable  before  the  estimate  submitted  under 
subsection  (1)  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  instalment  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  instal- 
ment payable  under  subsection  (6)  or  (7). 

(9)  Any  difference  between  the  aggregate  of  the 
amounts  of  all  the  instalments  as  determined  under  sub- 
sections (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) 
ma\'  be  adjusted  in  the  instalments  due  and  payable  after 
the  Minister's  approval  of  the  estimate  submitted  under 
subsection  (1).     O.  Reg.  975/74,  s.  1. 

(10)  Where  the  submission  of  the  estimate  referred  to  in 
subsection  (1)  or  the  audited  annual  financial  statement 
referred  to  in  subsecdon  (4)  is  not  furnished  to  the  Minis- 
ter, the  provincial  aid  payable  under  subsection  (4)  may 
be  withheld  until  the  operator  of  the  facility  provides 
information  satisfacton,'  to  the  Minister.  O.  Reg.  213/ 
74,  s.  3  (9). 

(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  be  equal  to  the  total  esti- 
mate of  operafing  costs  submitted  b\'  the  Corporation  and 
approved  by  the  Minister  and  determined  having  regard 
to, 

(a)  the  number  of  beds; 

(b)  the  number  of  staff; 

(f )  the  services, 

to  be  provided  in  the  approved  children's  home  by  the 
corporation,  and 


Reg.  242 


DEVELOPMENTAL  SERVICES 


59 


(d)  the  anticipated  revenue  of  the  approved  chil- 
dren's home. 

(12)  Ever\'  corporation  applying  for  payment  of  pro- 
vincial aid  for  the  operation  of  an  approved  children's 
home  shall  enter  into  an  agreement  with  Ontario  with 
respect  to  the  pa>Tnent.     O.  Reg.  218/80,  s.  3. 


Part  IV 

CAPITAL  GRANTS 
4.— (1)  In  this  Part, 

(a)  "actual  cost"  means  the  cost  of  a  building 
project  and  includes, 

(i)  fees  payable  for  the  services  of  an 
architect,  professional  engineer,  or 
other  consultant, 

(ii)  the  cost  of  purchasing  and  installing 
furnishings  and  equipment, 

(iii)  the  cost  of  land  surveys,  soil  tests, 
permits,  licences  and  legal  fees, 

(iv)  the  cost  of  paving,  sodding  and  land- 
scaping, and 

(v)  the  cost  of  acquiring  the  land  necessary 
for  the  building  project; 

(b)  "approved  cost"  means  that  portion  of  the 
actual  cost  of  a  building  project  approved  by 
the  Minister; 

(c)  "building  project"  means  a  project  composed 
of  one  or  more  of  the  following  elements, 

(i)  the  purchase  or  other  acquisition  of  all 
or  any  part  of  an  existing  building  or 
buildings  including  the  land  contigu- 
ous thereto, 

(ii)  any  renovations,  alterations  or  addi- 
tions to  an  existing  building  or  build- 
ings, 

(iii)  the  purchase  or  other  acquisition  of 
vacant  land  for  the  purpose  of  con- 
structing a  building  or  buildings  there- 
on, 

(iv)  the  erection  of  a  new  building,  or  any 
part  thereof, 

(v)  the  demolition  of  a  building, 

(vi)  the  installation  of  public  utilities,  sew- 
ers and  items  or  services  necessary  for 
access  to  the  land  or  building  or  build- 
ings. 


(2)  The  amount  of  capital  grant  payable  under  the 
Act  to  a  facility  designated  or  to  be  designated  in 
Schedule  2  or  3  for  a  building  project  shall  be  equal  to 
two-thirds  of  the  approved  cost  of  the  building  pro- 
ject.    O.  Reg.  690/79,  s.  1,  part. 

(3)  The  amount  of  capital  grant  payable  on  or  after 
the  1st  day  of  April,  1980  under  the  Act  to  a  corpora- 
tion establishing  or  operating  an  approved  children's 
home  for  a  building  project  shall  be  equal  to, 

(a)  $15,000.00  per  bed;  or 

■(b)  80  per  cent  of  the  approved  cost  of  the  build- 
ing project. 


whichever  is  the  lesser. 
871/80,  s.  1. 


O.  Reg.  218/80,  s.  4;  O.  Reg. 


5. — (1)  An  application  for  a  capital  grant  shall  be 
made  to  the  Minister  on  a  form  provided  by  the  Minis- 
ter. 

(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  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  subclauses  4  (c)  (i),  (ii),  (iv)  or  (vi), 

(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  purposes  of  the  Act;  or 

(b)  where  the  Minister  approves,  structural 
sketches  and  specifications  prepared  by  a  per- 
son 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  Minister  shall  be  amended  or  altered  without 
the  approval  of  the  Minister.  O.  Reg.  690/79,  s.  1, 
part. 

6. — ( 1)  No  payment  of  a  capital  grant  shall  be  made 
for  a  building  project  except  where, 

(o)  the  building  project  has  been  approved  by  the 

Minister;  and 

ib)  the  approved  cost  has  been  determined. 

(2)  An  approval  of  a  building  project  by  the  Minis- 
ter 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  commenced 
before  such  anniversary  date. 


60 


DEVELOPMENTAL  SERVICES 


Reg.  242 


(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  ppint  in  time 
shall  not  exceed, 

(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  estimated 
amount  of  work  required  for  completion;  or 

(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, 

whichever  is  the  greater. 

(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  Minister  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  refund- 
able sales  tax  has  been  taken  into 
account, 

(iii)  a  statement  indicating  that  the  total 
amount  of  the  unpaid  accounts  applic- 
able 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  remaining  to  be  paid  will  be 
applied  first  to  the  payment  of  the 
unpaid  accounts.  O.  Reg.  690/79, 
s.  1,  part. 

7.  No  applicant  for  or  recipient  of  a  capital  grant  for 
a  building  project  shall, 

(a)  acquire  a  building  or  land  for  the  building 
project; 

(ft)  call  tenders  for  the  building  project; 


(c)  commence  construction  of  the  building  pro- 
ject; or 

(d)  erect  any  temporary  or  permanent  sign,  tablet 
or  plaque  on  the  site  or  building  project, 


without  the  written  approval  of  the  Minister. 

690/79,  s.  \,part. 


O.  Reg. 


8. — (1)  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  the  payment  enter  into  an  agreement 
with  the  Minister  in  which  the  applicant  shall  agree  not 
to, 

(a)  sell,  agree  to  sell,  mortgage,  lease,  encumber, 
donate  or  dispose  of  all  or  any  part  of  the 
building,  buildings  or  land; 

(b)  use  all  or  any  part  of  the  building,  buildings  or 
land  for  a  purpose  other  than  that  for  which  a 
grant  has  been  or  is  payable;  or 

(c)  demolish  or  make  alterations  or  additions  to 
all  or  any  part  of  the  building  or  buildings, 

without  the  written  approval  of  the  Minister  and  the 
Minister  may  require,  as  a  condition  of  the  approval  of 
the  payment,  that  the  recipient  repay  the  whole  or  such 
part  of  the  payment  as  the  Minister  considers  appro- 
priate in  the  circumstances  where  there  is  a  default 
under  the  agreement. 

(2)  Where  a  recipient  contravenes  the  provisions  of 
subsection  (1),  or  is  in  default  of  any  condition  for 
repayment  imposed  by  the  Minister  under  subsection 
(1),  the  Minister  may  require  the  return  of  a  part  of  the 
payment  or  the  whole  payment  whereupon  the  recipi- 
ent is  liable  to  repay  such  amount  of  the  payment 
received  under  the  Act  for  the  project  as  is  required  by 
the  Minister  as  a  debt  due  to  the  Crown,  and  such 
amount  may  be, 

(a)  deducted  from  any  moneys  payable  by 
Ontario  to  the  recipient  under  the  Act;  or 

(b)  recovered  by  proceedings  in  a  court  of  com- 
petent jurisdiction.  O.  Reg.  690/79,  s.  1, 
part. 

9. — (1)  Expenditures  incurred  by  a  facility,  other 
than  a  corporation  establishing  or  operating  an 
approved  children's  home,  for  furnishings  or  equip- 
ment, 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  efficient  operation  of  the  facility  and 
the  cost  of  which  is  not  excessive  for  the  pur- 
pose; and 

(c)  are  in  excess  of  $300.00, 


Reg.  242 


DEVELOPMENTAL  SERVICES 


61 


are  capital  expenditures  for  which  a  grant  may  be  paid, 
upon  application  by  the  facility,  in  an  amount  equal  to 
two-thirds  of  the  approved  expenditures  incurred. 
O.  Reg.  218/80,  s.  5,  part;  O.  Reg.  871/80,  s.  2. 

(2)  Expenditures  incurred  by  a  corporation  operat- 
ing 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  efficient  operation  of  the  facility  and 
the  cost  of  which  is  not  excessive  for  the  pur- 
pose; and 

(c)  axG  in  excess  of  $300.00, 

are  capital  expenditures  for  which  a  grant  may  be  paid, 
upon  application  by  the  corporation  operating  an 
approved  children's  home,  in  an  amount  equal  to  80  per 
cent  of  the  approved  expenditures  incurred.     O.  Reg. 

218/80,  s.  5,  part. 

10.  A  facility,  if  requested  by  the  Minister,  shall  file 
with  the  Minister  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  municipality  in  which  the  facility  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 
facility  is  located  or  other  law  for  the  protec- 
tion of  persons  from  fire  hazards; 

id)  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  Regulation  87  of  Revised 
Regulations  of  Ontario,  1980  made  under  the 
Building  Code  Act.  O.  Reg.  690/79,  s.  1, 
part. 


Part  V 

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  recom- 
mendations of  the  officer  are  carried  out; 


(b)  there  is  adequate  protection  from  radiators  or 
other  heating  equipment; 

(f )  the  water  supplies  are  adequate  for  all  normal 
needs,  including  those  of  fire  protection; 

(d)  the  fire  protection  equipment,  including  the 
sprinkler  system,  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; 

(/■)  at  least  once  a  year  the  heating  equipment  is 
serviced  by  qualified  personnel  and  the  chim- 
neys 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  sys- 
tem, 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  extinguishing  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 
conspicuous  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  procedures  are  practised 
by  staff  and  residents  at  least  once  a  month 
using  the  fire  detection  and  alarm  system  to 
initiate  the  drill; 

(/)  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  facil- 
ity; 

(o)  oxygen  is  not  used  or  stored  in  the  facility  in  a 
pressure  vessel; 

(/» )  combustible  rubbish  is  kept  to  a  minimum; 


62 


DEVELOPMENTAL  SERVICES 


Reg.  242 


{q)  all  exits  are  clear  and  unobstructed  at  all 
times; 

(r)  combustible  draperies,  mattresses,  carpeting, 
curtains,  decorations  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  appliances  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; 

(it )  flammable  liquids  and  paint  supplies  are 
stored  in  suitable  containers  in  non-combusti- 
ble cabinets; 

(v)  suitable  non-combustible  ashtrays  are  pro- 
vided where  smoking  is  permitted; 

(w)  no  portable  electric  heaters  are  used  in  the 
facility  that  are  not  in  accordance  with  stan- 
dards 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  substance  that  is  likely  to  pre- 
vent them  from  functioning  normally.  O. 
Reg.  690/79,  s.  I,  part. 

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.     O.  Reg.  690/79,  s.  1,  part. 

13.  The  board  of  each  facility  shall  keep  and  main- 
tain an  inventory  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.     O.  Reg.  690/79,  s.  I,  part. 

14. — (1)  The  charge  for  any  resident  eighteen  years 
of  age  or  older  shall  be  equal  to  the  cost  of  providing 
assistance  to  him.     O.  Reg.  218/80,  s.  6,  part. 

(2)  The  charge  for  any  resident  under  eighteen  years 
of  age  shall  be  equal  to  the  amount  agreed  upon  by  the 
parent  or  guardian  of  the  resident  and  the  facility  and 
approved  by  the  Minister.     O.  Reg.  871/80,  s.  3. 

15.  An  application  for  admission  to  a  facility  and  for 
assistance  shall  be  made  to  an  administrator  who  shall 
determine  whether  the  applicant  is  eligible  for  admis- 
sion 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.     O.  Reg.  690/79,  s.  1,  part. 

16.  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  services  and 
whether  the  applicant  is  able  to  contribute  to  all  or  any 
part  of  the  cost  thereof.     O.  Reg.  690/79,  s.  1,  part. 

17.  A  certificate  under  subsection  10  (3)  of  the  Act 
shall  be  in  Form  1.     O.  Reg.  690/79,  s.  1,  part. 

18.  A  notice  of  cancellation  under  section  14  of  the 
Act  shall  be  in  Form  2.     O.  Reg.  690/79,  s.  1,  part. 

19.  A  notice  of  continuance  under  subsection  IS  (2) 
of  the  Act  shall  be  in  Form  3.  O.  Reg.  690/79,  s.  1, 
part. 


Part  VI 

ADMISSION  OF  CHILDREN 

20.  In  this  Part, 

(a)  "child"  means  a  person  with  a  developmental 
handicap  under  eighteen  years  of  age;  and 

(b)  "parent"  means  the  father  or  mother  of  a 
child,  and  includes  a  person  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.  O.  Reg. 
871/80,  s.  4,  part. 

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. 
O.  Reg.  871/80,  s.  4,  part. 

22.  A  child  shall  be  provided  services  and  assistance 
where  the  child  is, 

(o)  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  pur- 
suant to  an  agreement  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.  O.  Reg.  871/ 
80,  s.  4,  part. 


Reg.  242 


DEVELOPMENTAL  SERVICES 


63 


Schedule  1 

Item     Location  Name 

1.  Aurora  Pine  Ridge 


2.  Brockville 


St.  Lawrence  Regional 
Centre 


3.  Cedar  Springs    Southwestern  Regional  Centre 

4.  Cobourg  D'Arcy  Place 

5.  Edgar  Adult  Occupational  Centre 

6.  Goderich  Bluewater  Centre 

7.  Gravenhurst       Muskoka  Centre 

8.  London  CPRI 
Huronia  Regional  Centre 
Midwestern  Regional  Centre 
Prince  Edward  Heights 


9.  Orillia 

10.  Palmerston 

11.  Picton 

12.  St.  Thomas 


St.  Thomas  Adult  Rehabilita- 
tion and  Training  Centre 

13.  Smiths  Falls       Rideau  Regional  Centre 

14.  Thunder  Bay      Northwestern  Regional  Centre 

15.  Toronto  Surrey  Place  Centre 

16.  Whitby  Durham  Centre  for  the 

Developmentally 
Handicapped 

17.  Woodstock         Oxford  Regional  Centre 

O.  Reg.  213/74,  Sched.  1;  O.  Reg.  187/75,  s.  1;  O.  Reg. 
279/75,  s.  1;  O.  Reg.  306/76,  s.  1;  O.  Reg.  413/77,  s.  1; 
O.  Reg.  393/78,  s.  1. 


Schedule  2 


Item     Location 

1.  Brantford 

2.  Hamilton 

3.  Kingston 


Name 


4.  Kitchener 


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 


5.  Oakville 

6.  Plainfield 


Oaklands  Regional  Centre 
Plainfield  Children's  Home 


7.  Thunder  Bay       Mental  Retardation  Unit — 

Hogarth- Westmount 
Hospital 

8.  Vineland  Bethesda  Home 

9.  Whitby  Christopher  Robin  Home  for 

Children 

O.  Reg.  213/74,  Sched.  2;  O.  Reg.  187/75,  s.  2; 
O.  Reg.  742/75,  s.  1 ;  O.  Reg.  413/77,  s.  2;  O.  Reg. 
562/78,  s.  1;  O.  Reg.  871/80,  s.  5. 


Schedule  3 


Item     Location 

1.  Sault  Ste. 
Marie 


Name 


Algoma  District  Mental 
Retardation  Services 

O.  Reg.  213/74,  Sched.  3. 


Form   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  neces- 
sary for  me  to  form  a  satisfactory  opinion,  I  do 
hereby  further  certify  that  he/she  is  not  competent 
to  manage  his/her  estate. 

1.  Farts    indicating    incompetence    observed    by 
myself : 


2.  Other  facts,   if  any,   indicating  incompetence 
communicated  to  me  by  others: 


Date. 


19. 


(signature) 


64 


DEVELOPMENTAL  SERVICES 


Reg.  242 


(print  or  type  name  of 
signing  physician) 


(name  and  address  of  facility) 

Date  of  Admission ,  19. .  . . 

O.  Reg.  213/74,  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... 
Date. 


,  19.... 


,  19. 


(signature) 


(print  or  type  name  of 
signing  physician) 


(name  and  address  of  facility) 

O.  Reg.  213/74,  Form  2. 


Form  3 

Develppmental  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  continues  to  be  incompetent  to  manage 
his/her  estate,  and  the  certificate  of  incompetence 
which  was  issued  with  respect  to  him/her  by 


. ,   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) 

O.  Reg.  213/74,  Form  3. 


Reg.  243 


DISTRICT  WELFARE  ADMINISTRATION  BOARDS 


65 


REGULATION  243 


under  the  District  Welfare  Administration  Boards  Act 


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  clause  1  (rf)  of  the  Act  and 
this  Regulation,  "district"  has  the  same  meaning  as  in 
the  Territorial  Division  Act.     O.  Reg.  231/71,  s.  1. 

2.  In  addition  to  the  welfare  services  mentioned  in 
clause  1  (h)  of  the  Act,  "welfare  services",  for  the  pur- 
pose of  the  Act  and  this  Regulation  includes, 

(a)  hospitalization  of  indigent  persons ; 

(b)  services  in  respect  of  children's  aid 
societies ; 

(c)  social  services  that  are  furnished  for  the 
purpose  jof , 

(i)  rehabilitation,  including  vocational 
assessment  and  counselling,  the 
facihtitation  of  vocational  training 
and  placement  in  employment, 

(ii)  counselling  in  respect  of  family  or 
marital  relationships, 

(iii)  counselling  in  respect  of  child  care 
and  training,  and  parent-child  rela- 
tionships, 

(iv)  counselling  in  respect  of  debts,  finan- 
cial or  household  management  and 
homemaking, 

(v)  counselling  in  respect  of  nutritional 
needs  and  requirements,  and 

(vi)  counselling  in  respect  of  the  main- 
tenance of  adequate  standards  of 
health  and  personal  hygiene; 

(d)  such  other  social  services  that  may  be 
required  by  a  recipient  and  are  approved 
by  the  Director; 

(e)  administrative,  secretarial  and  clerical  ser- 
vices including  staff  training  relating  to 
the  provision  of  any  of  the  foregoing  welfare 
services; 

(/)  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.     O.  Reg.  231/71,  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.  1970,  Reg.  225,  s.  2. 

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.  1970,  Reg.  225, 
s.  3;0.  Reg.  231/71,  s.  4(1-3). 

MEMBERSHIP  OF  BOARDS 

5. — (1)  For  the  purpose  of  determining  the  member- 
ship 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  number  of  members,  the  areas  in  a  dis- 
trict 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.  O.  Reg. 
84/73,  s.  1,  part. 

(4)  The  term  of  office  of  each  member  of  a  board 
who  is  not  a  member  at  large  is  two  years  and  shall 
commence  on  the  1st  day  of  January  next  following  the 
member's  appointment.     O.  Reg.  917/78,  s.  1,  part. 

(5)  A  member  of  a  board  is  eligible  for  re-appoint- 
ment at  the  expiration  of  his  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  ap- 
pointed for  the  remainder  of  the  unexpired  term. 
O.  Reg.  84/73,  s.  1,  part. 

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  established  for  a 
district,  either  in  one  payment  for  the  full  amount 
or  by  the  payment  of  instalmlents  in  such  amounts 
and  at  such  times  as  the  Minister  may  direct. 
R.R.O.  1970,  Reg.  225,  s.  4. 


66 


DISTRICT  WELFARE  ADMINISTRATION  BOARDS 


Reg.  243 


CHAIRMEN  OF  BOARDS 

7. — (1)  A  board  shall,  at  its  first  meeting  after  the 
1st  day  of  January  in  each  year,  appoint  one  of  its 
members  as  chairman  of  the  board. 

(2)  The  member  of  the  board  who  is  appointed 
under  subsection  (1)  shall  serve  as  chairman  until  the 
31st  day  of  December  following  the  appointment  and, 
subject  to  subsection  (3),  may  be  re-appointed  as 
chairman  for  the  next  ensuing  year.  O.  Reg.  917/78, 
s.  2. 

(3)  No  member  of  the  board  shall  serve  for  more 
than  three  consecutive  terms  as  chairman. 

(4)  Where  the  chairman  resigns  or  dies  before  his 
term  as  chairman  has  expired,  the  board  shall  appoint 
another  member  of  the  board  as  the  chairman 
thereof  to  complete  the  unexpired  portion  of  the  term 
of  the  chairman  who  has  resigned  or  died.  R.K.O. 
1970,  Reg.  225,  s.  5  (3,  4). 

Schedule  1 

THE   DISTRICT  OF  SUDBURY  WELFARE 
ADMINISTRATION   BOARD 

The  District  of  Sudbury  Welfare  Administration 
Board  shall  consist  of  nine  members  and  the  areas 
they  represent  and  the  manner  of  their  appoint- 
ment shall  be  as  follows: 

1.  One  member  at  large  to  be  appointed  by 
the  Lieutenant  Governor  in  Council. 

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  coun- 
cils of, 

i.  The  Corporation  of  the  Township 
of  Chapleau, 

ii.  The  Corporation  of  the  Township 
of  Hagar, 

iii.  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  coun- 
cils of, 

i.  The   Corporation   of   the   Town   of 
Espanola, 


ii.  The  Corporation  of  the  Township  of 
The  Spanish  River, 

iii.  The  Corporation  of  the  Town  of 
Massey, 

iv.  The  Corporation  of  the  Town  of 
Webb  wood, 

V.  The  Corporation  of  the  Township  of 
Nairn  and, 

vi.  The  Corporation  of  the  Township 
of  Baldwin.  O.  Reg.  84/73,  s.  2, 
part. 

Schedule  2 

THE   DISTRICT  OF  ALGOMA  WELFARE 
ADMINISTRATION   BOARD 

The  District  of  Algoma  Welfare  Administration 
Board  shall  consist  of  nine  members  and  the  areas 
they  represent  and  the  manner  of  their  appoint- 
ment 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  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, 

i.  The   Corporation  of  the  Township 
of  Thompson, 

ii.  The  Corporation  of  the  Village  of 
Iron  Bridge, 

iii.  The  Corporation  of  the  Township 
of  Day  and  Bright  Additional, 

iv.  The  Corporation  of  the  Township 
of  Thessalon, 

v.  The  Corporation  of  the  Town  of 
Thessalon, 

vi.  The  Corporation  of  the  Township 
qf  Plummer  Additional, 

vii.  The  Corporation  of  the  Town  of 
Bruce  Mines, 


Reg.  243 


DISTRICT  WELFARE  ADMINISTRATION  BOARDS 


67 


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  Aber- 
deen 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  Improve- 
ment District  of  White  River,  and 

xviii.  The  Corporation  of  the  Township 
of  Wicksteed. 

xix.  The  Corporation  of  the  Improvement 
District  of  the  North  Shore. 
O.  Reg.  84/73,  s.  2,  part;  O.  Reg. 
683/73,  s.  1;  O.  Reg.  125/77,  s.  1. 


Schedule  3 

THE  DISTRICT  OF  NIPISSING 
WELFARE  ADMINISTRATION   BOARD 

The  District  of  Nipissing  Welfare  Administration 
Board  shall  consist  of  seven  members  and  the  areas 
they  represent  and  the  manner  of  their  appoint- 
ment 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  Sturgeon  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  coun- 
cils 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  coun- 
cils 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  coun- 
cils of, 

i.  The   Corporation   of   the   Town   of 
Mattawa, 

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  Improve- 
ment District  of  Cameron.  O.  Reg. 
84/73,  s.  2,  part;  O.  Reg.  125/77,  s.  2. 


Schedule  4 

THE   DISTRICT  OF  COCHRANE 
WELFARE  ADMINISTRATION   BOARD 

The  District  of  Cochrane  Welfare  Administration 
Board  shall  consist  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  Kapuskasing. 


68 


DISTRICT  WELFARE  ADMINISTRATION  BOARDS 


Reg.  243 


4.  Area  3,  represented  by  one  member  to  be 
appointed  jointly  by  the  municipal  coun- 
cils of, 

i.  The  Corporation   of   the  Township 
of  Fauquier,  and 

ii.  The  Corporation  of  the  Township 
of  Shackleton  and  Machin. 

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  coun- 
cils 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 
Eilber  and  Devitt, 

ii.  The  Corporation  of  the  Improvement 
District  of  Opasatika,  and 

iii.  The  Corporation  of  the  Township  of 
Owens,  Williamson  and  Idington. 
O.  Reg.  84/73,  s.  2,  part;  O.  Reg. 
125/77,  s.  3;  O.  Reg.  917/78,  s.  3. 

Schedule  5 

THE  DISTRICT  OF  RAINY  RIVER 
WELFARE  ADMINISTRATION  BOARD 

The  District  of  Rainy  River  Welfare  Administra- 
tion Board  shall  consist  of  eight  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  t,  represented  bj'  one  member  to  be 
appointed  jointly  by  the  municipal  coun- 
cils 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  coun- 
cils 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  coun- 
cils 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  coun- 
cils of, 

i.  The  Corporation   of  the   Township 
of  Alberton, 

ii.  The  Corporation   of  the  Township 
of  Emo, 

iii.  The  Corporation  of  the  Township  of 
La  Vallee,  and 

iv.  The   Corporation   of   the   Improve- 
ment District  of  Kingsford. 

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. 
O.  Reg.  84/73,  s.  2,  part. 


Schedule  6 

THE  DISTRICT  OF  PARRY  SOUND 
WELFARE  ADMINISTRATION   BOARD 

The  District  of  Parry  Sound  Welfare  Administra- 
tion Board  shall  consist  of  fourteen  members  and  the 


Reg.  243 


DISTRICT  WELFARE  ADMINISTRATION  BOARDS 


69 


areas  they  represent  and  the  manner  of  their  ap- 
pointment 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  coun- 
cils 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, 

i.   the  municipal  councils  of, 

A.  The  Corporation  of  the  Town- 
ship of  Carling, 

B.  The  Corporation  of  the  Town- 
ship of  Hagerman, 

C.  The  Corporation  of  the  Town- 
ship of  McDougall, 

D.  The  Corporation  of  the  Town- 
ship of  McKellar,  and 

ii.   the  council  of  The  Ojibways  of  the 
Henvev  Inlet  Indian  Band. 


4.  Area  3,  represented  by  one  member  to  be 
appointed  jointly  by  the  municipal  coun- 
cils of, 

i.  The   Corporation    of    the   Town    of 
Powassan, 

ii.  The   Corporation   of   the   Town   of 
Trout  Creek, 

iii.  The  Corporation  of  the  Township 
of  Nipissing, 


iv.  The  Corporation   of  the   Township 
of  North  Himsworth,  and 

V.  The   Corporation   of  the  Township 
of  South  Himsworth. 

5.  Area  4,  represented  by  one  member  to  be 
appointed  jointly  by  the  municipal  coun- 
cils of, 

i.  The  Corporation  of  the  Village  of 
Magnetawan, 

ii.  The  Corporation  of  the  Village  of 
South  River, 

iii.  The  Corporation   of  the  Village  of 
Sundridge, 

iv.  The  Corporation   of  the  Township 
of  Chapman, 

v.  The   Corporation   of   the   Township 
of  Joly,  and 

vi.  The   Corporation   of   the   Township 
of  Machar. 

6.  Area  5,  represented  by  one  member  to  be 
appointed  jointly  by  the  municipal  coun- 
cils of, 

i.  The  Corporation   of   the   Township 
of  Armour, 

ii.  The  Corporation  of  the  Village  of 
Burks  Falls, 

iii.  The   Corporation    of   the    Town    of 
Kearney, 

iv.  The  Corporation   of  the   Township 
of  McMurrich, 

v.  The  Corporation   of  the  Township 
of  Perry, 

vi.  The   Corporation   of  the   Township 
of  Ryerson,  and 

vii.  The  Corporation   of   the   Township 
of  Strong. 

7.  Area  6,  represented  by  seven  members  to 
be  appointed  jointly  by  the  municipal 
councils  of  all  the  municipalities  for  which 
the  Board  is  established.  O.  Reg.  84/73, 
s.  2,  part. 


70 DISTRICT  WELFARE  ADMINISTRATION  BOARDS Reg.  243 

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 
j^gj^  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  441  of  Revised  Regulations  of  Ontario,  1980  .  $ 

8.  Maintenance: 

i.  Cost  of  providing  office  space $ . 

ii.  Heat $ . 

iii.  Utilities  (telephone,  electricity,  gas,  water) $. 

iv.  Building  maintenance — 

Supplies I . 

Extra  care  of  premises $ . 

V.  Office  supplies  and  expenses $ . 

vi.  Office  equipment $ . 

9.   Insurance  $ 

10.   Other  (list  items  and  estimated  expenditures  for  each): 

$. 

$. 

Total $ . 


Reg.  243  DISTRICT  WELFARE  ADMINISTRATION  BOARDS  71 

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. 

Dated  at this day  of 19 


(signature  of  chairman  of  board) 
R.R.O.  1970,  Reg.  225,  Form  1;  O.  Reg.  231/71,  s.  5  (1-4). 


Reg.  244  DOG  LICENSING  AND  LIVE  STOCK  AND  POULTRY  PROTECTION 


73 


REGULATION  244 

under  the  Dog  Licensing  and  Live  Stock  and  Poultry  Protection  Act 
APPLICATION  FOR  PAYMENT  OF  A  GRANT 


1.  Where  a  municipality  has  paid  an  award  for 
damage  ascertained  under  section  11  of  the  Act 
respecting  damage  by  wolves,  the  municipality 
may  apply  in  Form  1  to  the  Commissioner  for  a 
grant  respecting  such  damage.  O.  Reg.  663/78, 
s.  1. 

MAXIMUM  AMOUNTS  OF  COMPENSATION 

2. — (1)  The  following  amounts  are  prescribed  as 
maximum  amounts  for  the  purposes  of  subsection  1 1 
(14)  of  the  Act: 

1.  For  a  head  of  cattle,  SI, 000. 

2.  For  a  fur-bearing  animal,  SIOO. 

3.  For  a  goat,  $200. 

4.  For  a  horse,  S500. 

5.  For  poultry  of  one  owner  killed  or  injured  in 
any  year,  $1,000. 

6.  For  a  rabbit,  $20  and  for  all  rabbits  of  one 
owner  killed  or  injured  in  any  year,  $1,000. 

7.  For  a  head  of  sheep,  $200. 

8.  For  a  head  of  swine,  $200. 

O.  Reg.  693/79,  s.  l,part. 

(2)  The  following  amounts  are  prescribed  as 
maximum  amounts  for  the  purposes  of  subsection  24 
(3)  of  the  Act: 

1.  For  honey  bees,  $35. 

2.  For  hive  equipment,  $75. 

O.  Reg.  1007/80,  s.  1. 


Form  1 

Dog  Licensing  and  Live  Stock  and 
Poultry  Protection  Act 

APPLICATION  FOR  GRANT 

Application  by  . 


(Name  of  Municipality) 


to  the  Live  Stock  Commissioner  for  a  grant  to 
reimburse  the  Municipality  for  claim(s)  for  damage 
by  wolves  paid  by  the  Municipality  as  follows: 

1.       i.  Name  of  owner  of  live  stock  or  poultry  .... 


ii.  Address  of  owner 

Lot Con Township 

iii.  Injured  live  stock — 

—  kind  injured 

—  no.  of  head  and  estimated  live  weight  of 
each  head  


— compensation  paid  $ 

iv.  Injured  poultry — 

—  kind  injured 

—  no.  of  pounds 

—  compensation  paid  $ 

V.  Killed  live  stock — 

—  kind  killed   

— no.  of  head  and  estimated  live  weight  of 

each  head  


-compensation  paid  $ 


vi.   Killed  poultry — 

—  kind  killed 

—  no.  of  pounds 

—  compensation  paid  $ 

vii.  Date  compensation  paid 

2.        i.  Name  of  owner  of  live  stock  or  poultry 


74 


DOG  LICENSING  AND  LIVE  STOCK  AND  POULTRY  PROTECTION  Reg.  244 


ii.  Address  of  owner 

Lot Con Township 

iii.  Injured  live  stock — 

—  kind  injured 

—  no.  of  head 

—  compensation  paid  ,S 

iv.  Injured  poultry — 

—  kind  injured  

—  no.  of  pounds 

—  compensation  paid  $ 

V.  Killed  live  stock — 

—  kind  killed 

—  no.  of  head 

—  compensation  paid  $ 

vi.  Killed  poultry — 

—  kind  killed 


no.  of  pounds . 


—  compensation  paid  $ 
vii.  Date  compensation  paid  . 


A  copy  of  the  report  of  the  valuer  with  respect 
to  each  claim  is  attached  hereto.  Where  there  is 
evidence,  that  the  damage  was  caused  by  wolves, 
(other  than  as  set  out  in  the  valuer's  report),  such 
evidence  is  as  follows: 


Dated  at . 
19.. .. 


,  this . 


. day  of , 


(Clerk  of  the  Municipality) 
O.  Reg.  342/75,  Form  1;  O.  Reg.  693/79,  s.  2. 


Reg.  245  DOG  LICENSING  AND  LIVE  STOCK  AND  POULTRY  PROTECTION 


75 


REGULATION  245 


under  the  Dog  Licensing  and  Live  Stock  and  Poultry  Protection  Act 


DOGS  AT  LARGE  IN  UNORGANIZED 
AREAS 

APPLICATION 

1.  This  Regulation  applies  to  all  territory  without 
municipal  organization.     R.R.O.  1970,  Reg.  226,  s.  1. 

2.  This  Regulation  does  not  apply  to  a  dog  that  is, 

(a)  muzzled  in  a  manner  that  renders  the  dog 
incapable  of  biting  anything ;  or 

(b)  in  the  custody  or  control  of  a  person  who  is 
capable  of  ensuring  that  the  dog  will  not  harm 
any  person  or  create  a  nuisance.  R.R.O. 
1970,  Reg.  226,  s.  2. 

DOGS  NOT  TO  RUN  AT  LARGE 

3.  No  owner  of  a  dog  shall  allow  the  dog  to  run  at 
large  in  any  area  mentioned  in  section  1.  R.R.O. 
1970,  Reg.  226,  s.  3. 

4. — (1)  Subject  to  subsection  (6),  a  provincial 
offences  officer,  as  defined  in  the  Provincial  Offences 
Act,  in  an  area  mentioned  in  section  1  may. 

(a)  seize  and  impound  any  dog  found  running  at 
large ;  and 

(b)  in  his  discretion ,  restore  possession  of  the  dog 
to  the  owner  thereof  where, 

(i)  the  owner  claims  possession  of  the 
dog  within  five  days  after  the  date  of 
the  seizure,  and 

(ii)  the  owner  pays  to  the  provincial 
offences  officer  all  expenses  incurred 
in  securing,  caring  for  and  feeding  the 
dog. 

(2)  Where,  at  the  end  of  five  days,  possession  of  the 
dog  has  not  been  restored  to  the  owner  under  subsec- 
tion (1),  the  provincial  offences  officer  may  sell  the  dog 
at  public  auction. 

(3)  Where  a  dog  is  sold  under  subsection  (2),  the 
proceeds  of  the  sale  shall  be  applied, 

(a)  to  pay  to  the  provincial  offences  officer  all 
expenses  incurred  in  securing,  caring  for  and 
feeding  the  dog; 


(b)  to  pay  all  expenses  of  the  public  auction; 
and 

(c)  to  pay  to  the  Treasurer  of  Ontario  for 
deposit  to  the  credit  of  the  Consolidated 
Revenue  Fund  any  balance  of  the  proceeds. 

(4)  Where  the  owner  of  a  dog  has  not  claimed  the 
dog  within  five  days  of  its  seizure  under  subsection  (1), 
and  no  bid  has  been  received  at  a  sale  by  public  auc- 
tion, the  provincial  offences  officer  may  kill  or  other- 
wise dispose  of  the  dog  as  he  sees  fit  at  any  time  after 
the  auction  and  no  damages  or  compensation  shall  be 
recovered  on  account  of  its  killing  or  other  disposition. 

(5)  Where  the  proceeds  of  the  sale  of  a  dog  are 
insufficient  to  pay  the  expenses  under  clauses  (3)  (a) 
and  (b),  or  a  dog  is  killed  or  otherwise  disposed  of 
under  subsection  (4),  the  provincial  offences  officer 
shall  submit  an  account  showing  the  amounts  of  the 
expenses  and  the  sale  price  of  the  dog,  if  any,  to  the 
Minister  and  the  Minister  shall  direct  payment  of  the 
amount  of  the  expenses  less  the  sale  price,  if  any. 

(6)  Where,  in  the  opinion  of  the  provincial  offences 
officer,  a  dog  seized  under  subsection  (1)  is  injured  or 
should  be  destroyed  without  delay  for  humane  reasohs 
or  for  reasons  of  safety  to  persons,  the  provincial 
offences  officer  may  kill  the  dog  as  soon  after  seizure  as 
he  thinks  fit  without  permitting  any  person  to  reclaim 
the  dog  or  without  offering  it  by  public  auction  and  no 
damages  or  compensation  shall  be  recovered  on 
account  of  its  killing.  R.R.O.  1970,  Reg.  226,  s.  4, 
revised. 

5. — { 1)  Where  a  provincial  offences  officer  is  unable 
to  seize  a  dog  that  is  running  at  large  contrary  to  the 
provisions  of  this  Regulation,  he  may  kill  the  dog. 

(2)  Where  a  provincial  offences  officer  finds  a  dog 
running  at  large  contrar\-  to  the  provisions  of  this 
Regulation  and  he  believes  that  before  he  can  seize  the 
dog  it  may  attack  a  human  being,  he  may  kill  the  dog. 

(3)  Where  any  person  finds  a  dog  running  at  large 
contrary  to  the  provisions  of  this  Regulation  and 
the  dog  is  in  the  act  of  attacking  or  threatening  to 
attack  a  human  being,  he  may  kill  the  dog. 

(4)  No  damage  or  compensation  shall  be  recovered 
for  the  killing  of  a  dog  under  this  section.  R.R.O. 
1970,  Reg.  226,  s.  5,  revised. 


Reg.  246 


DRAINAGE 


77 


REGULATION  246 

under  the  Drainage  Act 


FORMS 


1.  The  requisition  for  a  drainage  works  referred 
to  in  subsection  3  (1)  of  the  Act  shall  be  in  Form  1. 
O.  Reg.  298/76,  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.     O.  Reg.  298/76,  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  per- 
son 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  per- 
son referred  to  in  clause  4  (1)  (c)  of  the 
Act.     O.  Reg.  298/76,  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  dis- 
trict or  regional  municipalities,  be  in  Form  6; 
and 

(b)  in  the  case  of  municipalities  within  district  or 
regional  municipalities,  be  in  Form  7. 

(2)  The  borrowing  by-law  for  use  by  district  or  reg- 
ional municipalities  on  behalf  of  an  area  municipality 
shall  be  in  Form  8.     O.  Reg.  299/79,  s.  1. 

5.  The  statement  of  the  amount  of  compensation 
paid  referred  to  in  section  68  of  the  Act  shall  be  in 
Form  9.     O.  Reg.  298/76,  s.  5. 


Form   1 

Drainage  Act 
REQUISITION  FOR  DRAINAGE  WORKS 

To:   

Clerk  of  the of 


Sir: 


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  he  appoint  a 
time  and  place  at  which  he  will  attend  and  examine 
the  area  in  order  to  make  a  report. 

X)ated  this day  of 19 


{Signature  of  party  or  parties) 

O.  Reg.  298/76,  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) 


78 


DRAINAGE 


Reg.  246 


and  you,  as  an  owner  of  land  affected,  are  requested 
to  attend  at  such  time  and  place. 

Dated  this day  of ,  19 


(Signature  of  Clerk) 

O.  Reg.  298/76,  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 
.requiring  drainage,  hereby  petition 


municipalities) 

that  the  area  more  particularly  described  as  follows ; 

{Describe  the  area) 

may  be  drained  by  means  of  a  drainage  works. 

Signature 

of  Con.  or 

Petitioners     Part        Lot        Plan       Municipality 


Petition  filed  this day  of ,  19 . 


(Clerk) 
O.  Reg.  298/76,  Form  3 

Form  4 

Drainage  Act 

PETITION  FOR  DRAINAGE  WORKS  BY 
DIRECTOR 


may  be  drained  by  means  of  a  drainage  works. 

Dated  at ,  this day  of 

19 


(Director) 
O.  Reg.  298/76,  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 


I, 


the  Director  appointed  under  the  Drainage  Act,  hereby 
petition  that  the  area  more  particularly  described  as 
follows: 

{Describe  the  area) 


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) 

O.  Reg.  298/76,  Form  S,  revised. 

Form  6 

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  council  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) 


Reg.  246 


DRAINAGE 


79 


And  whereas  the  council  of  the .  .  . 
of in  the  County  of. 


has  procured  a  report  made  by . 
and  the  report  is  as  follows: 


(here  set  out  report) 

And  whereas  the  estimated  total  cost  of  construct- 
ing 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 pursuant  to  the  Drainage  Act, 

enacts  as  follows: 

1.  The  report  is  hereby  adopted  and  the  drainage 
works  as  therein  indicated  and  set  forth  is 
hereby  authorized  and  shall  be  completed  in 
accordance  therewith. 

2. — (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 
municipality  for  construction  of  the  drainage 
works  less  the  total  amount  of, 

(a)  grants  received  under  section  85  of  the 
Act;  and 

(b)  commuted  payments  made  in  respect  of 
the  lands  and  roads  assessed. 

(2)  The  Corporation  may  issue  debentures  for  the 
amount  borrowed  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  Corpora- 
tion on  the  date  of  sale  of  such  debentures. 


— (1)  For  paying  the  amount  of  $. 
being, 


(a)  the  amount  assessed  upon  the  lands  and 
roads,  except  the  lands  and  roads  belong- 
ing to  or  controlled  by  the  municipahty; 
and 

(b)  the  amount  required  to  pay  interest  on  the 
portion  of  the  amount  borrowed,  repre- 
sented by  the  amount  in  clause  a, 

less  the  total  amount  of, 

(c)  grants  received  under  section  85  of  the 
Act; 

(d)  moneys  paid  under  subsection  61  (3)  of  the 
Act;  and 

(e)  commuted  payments  made  in  respect  of 
the  lands  and  roads  assessed, 

a  special  rate  shall  be  levied  upon  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. 

(2)  The  amount  of  the  special  rate  levied  upon 
each  parcel  of  land  or  part  thereof  shall  be 

divided  into equal  amounts  and 

one  such  amount  shall  be  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  Municipahty 

Total 

4.  For  paying  the  amount  of  $ being, 

(a)  the  amount  assessed  upon  the  lands  and 
roads  belonging  to  or  controlled  by  the 
municipahty;  and 


80 


DRAINAGE 


Reg.  246 


{b)  the  amount  required  to  pay  interest  on  the 
portion  of  the  amount  borrowed  repre- 
sented by  the  amount  in  clause  a, 

a  special  rate  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  the  other  taxes  are  collected. 

5.  All  assessments  of  $ or  less  are  pay- 
able 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 . 
19.... 


. day  of . 


Head  of  Municipality 
Clerk 


Third  Reading 

Enacted  this day  of 19 ... . 

Head  of  Municipality 

Clerk 
O.  Reg.  467/78,  s.  2,  part;  O.  Reg.  299/79,  s.  2. 

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  council  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)  ■ 

And  whereas  the  council  of  the 

of .  .  ■. in  the  District  or  Regional 

Municipality  of has  procured 

a  report  made  by and  the 

report  is  as  follows: 

(here  set  out  report) 

And  whereas  the  estimated  total  cost  of  construct- 
ing 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 pursuant  to  the  Drainage 

Act,  enacts  as  follows: 

1.  The  report  is  hereby  adopted  and  the  drainage 
works  as  therein  indicated  and  set  forth  is 
hereby  authorized,  and  shall  be  completed  in 
accordance  therewith. 

2.^(1)  The  Corporation  of  the 

of may  borrow  on  the  credit 


Reg.  246 


DRAINAGE 


81 


of  the  Corporation  the  amount  of  $ , 

being  the  amount  to  be  contributed  by  the 
municipality  for  construction  of  the  drainage 
works  less  the  total  amount  of, 


(a)  grants  received  under  section  85  of  the 
Act ;  and 


(b)  commuted  payments  made  in  respect  of 
the  lands  and  roads  assessed. 


(2)  The  Corporation  may  arrange  for  the  issue  of 
debentures  on  its  behalf  for  the  amount 
borrowed  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  Corpora- 
tion on  the  date  of  sale  of  such  debentures. 


— (1)  For  paying  the  amount  of  $. 
being. 


(a)  the  amount  assessed  upon  the  lands  and 
roads,  except  the  lands  and  roads  belong- 
ing to  or  controlled  by  the  municipality; 
and 

(b)  the  amount  required  to  pay  interest  on  the 
portion  of  the  amount  borrowed  repre- 
sented by  the  amount  in  clause  a, 

less  the  total  amount  of, 

(c)  grants  under  section  85  of  the  Act ; 


(d)  moneys  paid  under  subsection  61  (3)  of  the 
Act;  and 


(e)  commuted  payments  made  in  respect  of 
the  lands  and  roads  assessed, 

a  special  rate  shall  be  levied  upon  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. 


(2)  The  amount  of  the  special  rate  levied  upon 
each  parcel  of  land  or  part  thereof  shall  be 

divided  into equal  amounts  and  one 

such  amount  shall  be  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, 

(a)  the  amount  assessed  upon  the  lands  and 
roads  belonging  to  or  controlled  by  the 
municipality;  and 

(6)  the  amount  required  to  pay  interest  on  the 
portion  of  the  amount  borrowed  repre- 
sented by  the  amount  in  clause  a, 

a  special  rate  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  collected. 

5.  All  assessments  of  $ or  less  are  pay- 
able 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 


Clerk 


Third  Reading, 


82 


DRAINAGE 


Reg.  246 


Enacted  this day  of. 

19.... 


Head  of  Municipality 


Clerk 
O.  Reg.  467/78,  s.  2,paH;  O.  Reg.  299/79,  s.  3. 

l^orm  8 

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  council  of  the 

of in   the   District   or   Regional 

Municipality    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  construct- 
ing the  drainage  works  is  $ 

And  whereas  $ is  the  amount  to  be 

contributed  by  the  area  municipality  for  construc- 
tion 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  construction  of  the 
drainage  works. 

(2)  The  Corporation  may  issue  debentures  for  the 
amount  borrowed  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  Corpora- 
tion 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 


Clerk 

Third  Reading 

Enacted  this day  of.  . . 

19.... 


Head  of  Municipality 

Clerk 
O.  Reg.  467/78,  s.  2,  part^ 


Reg.  246 


DRAINAGE 


83 


Form  9 

Drainage  Act 

NOTICE  OF  COMPENSATION  PAID 

Notice   is   hereby   given    that    compensation    for 
injury   to   or   severance   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) 
O.  Reg.  298/76,  Form  7;  O.  Reg.  299/79,  s.  4. 


Reg.  247 


DRAINAGE 


85 


REGULATION  247 

under  the  Drainage  Act 


RULES  OF  PRACTICE  AND  PROCEDURE 

TO  BE  FOLLOWED  IN 

ALL  PROCEEDINGS  BEFORE  THE  REFEREE 

1.  In  these  Rules, 

(«)  "county  court  clerk"  means  the  clerk  of 
the  county  court  for  the  county  in  which 
the  initiating  municipality  is  situate ; 

{b)  "office  of  the  county  court  clerk"  means 
the  office  of  the  county  court  for  the 
county  in  which  the  initiating  municipality 
is  situate.     R.R.O.  1970,  Reg.  227,  s.  1. 

2.  All  proceedings  before  the  referee  may  be  in- 
stituted by, 

(a)  notice  of  appeal  to  the  referee ;  or 

(b)  originating  notice  in  the  form  of  a  notice  of 
motion.     R.R.O.  1970,  Reg.  227,  s.  2. 

3. — (1)  Every  notice  originating  proceedings  be- 
fore the  referee  shall  be  endorsed  with  a  notice, 

(a)  requiring  an  appearance  to  be  entered  in 
the  office  of  the  county  court  clerk  of  the 
county  in  which  the  notice  instituting  the 
proceedings  is  filed ;  and 

(6)  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  clerk  of  the  county 

court  of  the  county  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  style  of  cause  shall  be  used : 


In  the  Court  of  the  Drainage  Referee 
Between         A.B.  Appellant 

and 
CD.  Respondent 

R.R.O.  1970,  Reg.  227,  s.  3. 


4.  Every  notice  instituting  proceedings  before  the 
referee  shall  be  filed  in  the  office  of  the  county  court 
clerk.     R.R.O.  1970,  Reg.  227,  s.  4. 

5. — (1)  Where  an  appellant  institutes  proceedings 
in  person,  the  notice  instituting  the  proceedings  shall 
be  endorsed  with  the  place  of  residence  and  oc- 
cupation of  the  appellant. 

(2)  Where  the  appellant  resides  more  than  five 
miles  from  the  office  of  the  county  court  clerk, 
the  notice  instituting  the  proceedings  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  ofl&ce  of  the  county  court 
clerk. 

(3)  All  documents  requiring  to  be  personally 
served  upon  the  appellant  may  be  served  upon  the 
nominee  of  the  appellant  and  service  of  the  docu- 
ments on  the  nominee  shall  be  deemed  to  be  effective 
service  upon  the  appellant. 

(4)  Where  an  appellant  who  resides  more  than 
five  miles  from  the  office  of  the  county  court  clerk 
fails  to  name  a  nominee  or  give  the  correct  ad- 
dress of  the  nominee,  any  document  requiring  to  be 
personally  served  upon  the  appellant  shall  be  deemed 
to  be  effectively  served  if  it  is  posted  up  in  the  office 
of  the  county  court  clerk.  R.R.O.  1970,  Reg.  227, 
s.  5. 

6.  Where  the  Act  or  these  Rules  require  that 
service  of  any  document  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.  1970,  Reg.  227,  s.  6. 

7.  A  notice  by  which  any  proceedings  under  the 
Act  is  instituted  shall  be  deemed  to  have  been 
effectively  served  upon  a  party  respondent  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.O.  1970,  Reg.  227,  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  county  court 
clerk,  an  acceptance  of  service  by  a  solicitor  may  be 
filed  in  lieu  of  the  affidavit  of  service.  R.R.O.  1970, 
Reg.  227,  s.  8. 

9.  Where  a  respondent  is  served  with  a  notice  of 
appeal  or  other  notice  originating  proceedings,  other 
than  a  notice  of  motion  on  an  application,  the  re- 
spondent shall  enter  an  appearance  within  fifteen 
days  after  the  service,  including  the  day  of  service. 
R.R.O.  1970,  Reg.  227,  s.  9. 


86 


DRAINAGE 


Reg.  247 


10.  A  respondent  shall  enter  an  appearance  by 
filing,  with  the  clerk  of  the  county  court  in  whose 
office  the  notice  of  appeal  or  other  notice  instituting 
proceedings  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  his  address  and  his  address  for 
service,  being  not  more  than  five  miles 
from  the  office  of  the  county  court  clerk. 
R.R.O.   1970,  Reg.  227,  s.   10. 

11.  Where  a  memorandum  of  appearance  does 
not  contain  the  address  of  the  respondent  or  the 
address  of  his  solicitor  or  of  a  person  nominated 

under  subsection  5  (2),  the  memorandum  of  appear- 
ance shall  not  be  filed  and,  where  an  address  for  ser- 
vice 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. 
1970,  Reg.  227,  s.  11. 

12.  As  soon  as  a  memorandum  of  appearance  is 
filed,  the  county  court  clerk  shall  enter  the  appearance 
in  the  procedure  book.     R.R.O.  1970,  Reg.  227,  s.  12. 

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  enter- 
ing appearances,  the  respondent  shall  forthwith  give 
notice  of  the  appearance. 

(2)  Where  a  respondent  enters  an  appearance  after 
the  time  limited  for  entering  appearances  and  omits 
to  give  notice  of  the  appearance,  the  appellant  may 
proceed  as  if  no  appearance  had  been  entered. 

(3)  Where  a  respondent  enters  an  appearance  after 
the  time  Hmited  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.  1970,  Reg.  227,  s.   13. 

14.  Where  there  is  default  of  appearance,  the  party 
in  default  is  not  entitled  to  notice  of  any  further  pro- 
ceedings other  than  the  posting  up  of  documents  in  the 
office  of  the  county  court  clerk.  R.R.O.  1970,  Reg. 
227,  s.   14. 

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  appear- 
ances, move  before  the  referee,  after  giving  seven 
clear  dajrs  notice,  for  an  order  fixing  the  procedure  to 
be  followed. 

(2)  Where  the  appellant  fails  to  move  for  an  order 
fixing  the  procedure  to  be  followed  within  the  time 
limit  prescribed  in  subsection  (1),  any  party  to  the 
proceedings  may  apply  to  the  referee,  on  seven  clear 
days  notice  to  the  other  parties  to  the  proceedings,  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  has  reason  for  postponing  the  giving  of 
directions  as  to  any  proceedings,  shall  make  an  order, 

(a)  directing  all  the  subsequent  proceedings 
to  be  taken  by  all  parties ;  and 

(b)  fixing  the  times  for  the  proceedings, 

and  the  provisions  of  the  order  shall  be  carried  out 
by  praecipe  orders  issued  by  the  clerk  of  the  coimty 

court -in   whose   office   the   order   is   filed.     R.R.O. 
1970,  Reg.  227,  s.   IS. 

16.  Any  party  to  the  proceedings  may,  after  the 
time  for  entering  appearances  has  expired,  apply 
to  the  referee  for  a  date  for  the  hearing.  R.R.O. 
1970,  Reg.  227,  s.  16. 

17.  A  copy  of  the  order  under  subsection  IS  (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  county  court  clerk  in 
whose  office  the  proceedings  are  pending.  R.R.O. 
1970,  Reg.  227,  s.  17. 

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.  1970,  Reg.  227,  s.   18. 

19.  Where,  in  the  opinion  of  the  referee,  it  is  de- 
sirable 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 
counties  as  he  considers  advisable  and  he  shall  notify 
the  clerk  of  the  county  court  in  each  of  the  counties 
for  which  dates  for  sittings  have  been  appointed  and 
each  clerk  so  notified  shall  cause  notice  of  the  dates 
for  sittings  to  be  posted  up  in  his  office.  R.R.O. 
1970,  Reg.  227,  s.  19. 

20. — (1)  Except  as  provided  in  subsection  (2),  a 
party  is  not  entitled,  unless  the  referee  so  directs,  to 
examine  for  discovery  the  engineer  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  examination  for 
discovery  of  the  engineer  or  surveyor  who  prepared 
the  report.     R.R.O.  1970,  Reg.  227,  s.  20. 

21.  Where  sittings  have  been  appointed  as  pro- 
vided in  section  19,  any  party  affected  may  bring 


K.eg.  247 


DRAINAGE 


87 


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  action  or  proceedings  down  for 
trisj  by  praecipe  order  to  the  clerk  of  the  county 
court  not  less  than  six  clear  days  before  the  date 
appointed  for  the  sittings.  R.R.O.  1970,  Reg.  227, 
s.  21. 

22.  Notwithstanding  sections  2  to  21,  the  referee 
may,  upon  an  application  being  made  to  him,  appoint 
a  special  date  for  the  trial  or  hearing  of  any  action  or 
proceedings  under  the  Act.  R.R.O.  1970,  Reg.  227, 
s.  22. 

23.  Unless  the  referee  otherwise  directs,  the  party 
instituting  the  proceedings  shall,  at  least  six  days 
before  the  trial,  deposit  with  the  clerk  of  the  county 
court  for  the  use  of  the  referee  a  certified  copy  of  the 
notice  initiating  the  proceedings  together  with  aU 
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.  1970,  Reg.  227,  s.  23. 

24. — (1)  Where  a  municipal  corporation  is  a  party 
in  a  trial  of  any  proceedings  under  the  Act,  the  muni- 
cipal corporation  shall,  unless  otherwise  ordered  by 
the  referee,  produce  at  the  hearing  all  documents 
within  its  possession  or  control  relating  to  the 
drainage  works,  including  all  reports,  plans,  specifica- 
tions, assessments,  by-laws,  provisional  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  him. 

(3)  Where  the  referee  requires  a  copy,  or  copies,  of 
the  evidence  taken  by  a  stenographic  reporter  during 
a  trial  of  proceedings  under  the  Act,  the  party 
initiating  the  proceedings  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  taxed  in  the  cause.  R.R.O. 
1970,  Reg.  227,  s.  24. 

25.  Non-compliance  with  these  Rules  shall  not 
nullify  any  notice  or  any  other  proceedings  unless  the 
referee  otherwise  directs,  but  any  notice  or  any  other 
proceedings  may  be  set  aside  by  the  referee  either 
wholly  or  in  part  as  irregular.  R.R.O.  1970,  Reg. 
227,  s.  25. 

26.  In  any  hearing  before  the  referee  where  viva 
voce  evidence  is  to  be  tendered  and  where  the 
initiating  municipality  or  any  other  municipality 
that  has  procured  a  report  for  repair  or  improve- 
ment of  a  drainage  works  is  a  party  to  the 
proceedings,  the  municipality  shall  ensure  the  at- 
tendance at  the  hearing  of  the  engineer  who  made 
the  latest  report  to  the  council  of  the  municipality  in 
respect  of  the  drainage  works.  R.R.O.  1970,  Reg. 
227,  s.  26. 


27.— (1)  Where, 

(a)  a  municipality  is  a  p>arty ;  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  his  knowledge  as  the  referee  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  subsection  (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 
proceedings.     R.R.O.  1970,  Reg.  227,  s.  27. 

28.  An  application  to  set  aside  any  proceedings 
because  of  irregularity  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.  1970,  Reg.  227,  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. 
1970,  Reg.  227,  s.  29. 

30.  The  referee  may  increase  or  decrease  the  time 
appointed  by  these  Rules,  or  fixed  by  order,  for  doing 
any  act  or  taking  any  proceedings  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.  1970,  Reg.  227,  s.  30. 

31.  Every  county  court  clerk  shall,  at  the  request 
of  any  party  and  upon  receiving  a  praecipe  for  the 
purpose  and  payment  of  the  necessary  postage  and 
express  charges  for  the  transmission  and  return 
of  the  same,  transmit  to  the  referee  the  proceedings 
on  file  in  his  office.     R.R.O.  1970,  Reg.  227,  s.  31. 

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  179  of  Regulation  540  of  Revised 
Regulations  of  Ontario,  1980,  being  the  Rules  of- Prac- 
tice and  Procedure  of  the  Supreme  Court  of 
Ontario.     R.R.O.  1970,  Reg.  227,  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  witness  or  witnesses. 
R.R.O.  1970,  Reg.  227,  s.  U. 


Reg.  248 


DRUGLESS  PRACTITIONERS 


89 


REGULATION  248 

under  the  Drugless  Practitioners  Act 


CHIROPRACTORS 

INTERPRETATION 

1.  In  this  Regulation, 

(a)  "Board"  means  The  Board  of  Directors  of 
Chiropractic ; 

(6)  "secretary-treasurer"  means  the  secretary- 
treasurer  of  the  Board.  R.R.O.  1970,  Reg. 
228,  s.l. 

REGISTRATION 

2.  The  secretary-treasurer  shall  maintain  a  regis- 
ter of  persons  admitted  to  practise  as  chiropractors. 
R.R.O.  1970,  Reg.  228,  s.  2. 

3.  The  secretary-treasurer  shall  register  as  a  chiro- 
practor any  person  who, 

(a)  is  of  good  moral  character ; 

(b)  is  at  least  eighteen  years  of  age; 

(c)  has  passed  the  examinations  prescribed  by 
section  17;  and 

(d)  has  paid  the  registration  fee  prescribed  by 
clause  8  (a).     R.R.O.  1970,  Reg.  228,  s.  3. 

4.  The  secretary-treasurer  may  register  any  person 
who, 

(a)  complies  with  the  requirements  of  subsection 
19(1); 

(b)  has  passed  the  examinations  prescribed  by 
the  Canadian  Chiropractic  Examining 
Board,  or  any  predecessor  thereof,  for  the 
subjects  mentioned  in  section  17;  and 

(c)  pays  the  registration  fee  prescribed  by  clause 
8  (a).  R.R.O.  1970,  Reg.  228,  s.  4;  O.  Reg. 
497/74,  s.  1. 

5.  The  secretary-treasurer  shaU  register  any  per- 
son who, 

(a)  is  registered  as  a  chiropractor  in  a  juris- 
diction, 

(i)  outside  Ontario  under  regulations 
similar  to  this  Regulation,  and 

(ii)  in  which  jjersons  registered  as  chiro- 
practors under  the  Act  may  register 
without  examination;  and 


ib)  pays  the  registration  fee  prescribed  by  clause 
8  (a).     R.R.O.  1970,  Reg.  228,  s.  5. 

6. — (1)  The  registration  of  a  chiropractor  expires 
with  the  first  Monday  in  February  in  each  year. 

(2)  The  secretary-treasurer  shall  renew  the  regis- 
tration for  one  year  where  the  chiropractor  pays  the 
renewal  fee  prescribed  by  clause  8  (b).  R.R.O.  1970, 
Reg.  228,  s.  6. 

7. — (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  last  known 
address  appearing  on  the  register  that  his  registration 
has  expired. 

(2)  Where  a  chiropractor  whose  registration  has 
expired  pays  the  fee  prescribed  by  clause  8  (c),  within 
two  years  of  the  expiry  date  the  secretary-treasurer 
shall  register  the  chiropractor.  R.R.O.  1970,  Reg. 
228,  s.  7. 

8.  The  fees  to  be  paid  by  a  chiropractor  are, 

(a)  on  registration,  $40; 

(b)  on  renewal  of  registration,  $125;  and 

(c)  where  his  registration  has  expired,  for 
each  year  or  part  of  a  year  that  has  passed 
since  the  date  of  expiry  of  registration, 
$200.  R.R.O.  1970,  Reg.  228,  s.  8;  O.  Reg. 
570/72,  s.  1;  O.  Reg.  7/77,  s.  1. 

9.  Where  a  registration  has  not  been  renewed 
and  more  than  two  consecutive  years  have  passed 
since  the  date  of  expiry  of  the  registration,  the 
Board  may  re-register  the  chiropractor  if  he, 

(a)  pays  the  fee  prescribed  by  clause  8  (c); 

(b)  passes  such  examinations  as  the  Board  may 
prescribe ;  and 

(c)  submits  proof  in  a  form  satisfactory  to  the 
Board  of  his  competence  as  a  chiropractor. 
R.R.O.  1970,  Reg.  228,  s.  9. 


DISCIPLINE 

10. — (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. 


90 


DRUGLESS  PRACTITIONERS 


Reg.  248 


(2)  Before  holding  the  hearing,  the  Board  shall 
send  by  registered  mail  to  the  chiropractor  at  his 
last  known  address  apf)earing  on  the  register,  a 
notice, 

(a)  giving  the  details  of  the  alleged  misconduct, 
ignorance  or  incomp)etence  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  decision  may  be  made 
in  his  absence. 

(5)  At  the  hearing,  the  chiropractor  is  entitled  to 
hear  the  evidence  against  him,  to  cross-examine 
thereon,  to  call  witnesses  in  his  behalf  and  to  present 
his  argument. 

(6)  The  chiropractor  may  be  represented  at  the 
hearing  by  counsel  or  by  an  agent. 

(7)  Where  the  Board  decides  to  suspend  a  registra- 
tion, the  period  of  suspension  shall  not  be  longer  than 
three  months.     R.R.O.  1970,  Reg.  228,  s.  10. 

11. — (1)  The  Board  may  appoint  an  inspector  for 
the  investigation  of  complaints  made  against  a  chiro- 
practor. 

(2)  The  inspector  shall  investigate  a  written  com- 
plaint that  a  chiropractor  has  been  guilty  of  mis- 
conduct or  diplayed  such  ignorance  or  incompetence 
as  to  render  it  desirable  in  the  public  interest  that 
his  registration  be  cancelled  or  suspended. 

(3)  The  inspector  shall  report  to  the  Board  on 
every  investigation  made  by  him.  R.R.O.  1970, 
Reg.  228,  s.  11. 

12. — (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 
whatsoever  related  to  the  practice  of  chiropractic 
containing  anything  other  than  his  name,  address, 
telephone  number,  office  hours,  professional  title, 
without  first  submitting  the  proposed  notice,  ad- 
vertisement or  material  to  the  Board  which  may 
grant  or  refuse  permission  to  publish,  distribute  or 
use  such  notice,  advertisement  or  material. 

(2)  A  chiropractor  who  contravenes  subsection  (1) 
shall  be  deemed  guilty  of  misconduct  within  the 
meaning  of  this  Regulation. 


(3)  A  chiropractor  who  publishes,  displays,  dis- 
tributes or  causes  or  permits,  directly  or  indirectly 
the  publishing,  display,  distribution  or  use  of  any 
advertisement,  notice  or  material  of  any  kind 
whatsoever  that  contains  falsehoods,  misrepresenta- 
tions, misleading  or  distorted  statements  as  to 
bodily  functions  or  malfunctions  of  any  kind,  or  as 
to  cures  by  any  method  of  treatment  used  by  him 
or  as  to  his  training,  qualifications  or  attainments, 
shall  be  deemed  guilty  of  misconduct  within  the 
meaning  of  this  Regulation.     O.  Reg.  184/76,  s.  1. 

DESIGNATIONS 

13.  No  person  other  than  a  chiropractor  registered 
under  the  Act  shall  advertise  or  use  any  title  or  add 
any  affix  to  his  name  signifying  that  he  is  qualified 
to  practise  as  a  chiropractor.  R.R.O.  1970,  Reg. 
228,  s.  12. 


14.  As  an  occupational  designation,  chiropractors 
may  describe  themselves  as  chiropractors  only. 
R.R.O.  1970,  Reg.  228,  s.  13. 

ALLOWANCE  FOR  BOARD 

15.  The  per  diem  allowance  for, 

(a)  members  of  the  Board,   not  including  the 
Chairman,  is  $200;  and 

(b)  for  the  Chairman,  is  $225, 

together  with  their  necessary  travelling  and  other 
expenses  while  actually  engaged  on  the  business  of  the 
Board.     O.  Reg.  1081/80,  s.  1. 


16.  The  accounts  of  the  Board  shall  be  audited 
annually  by  a  chartered  accountant.  R.R.O.  1970, 
Reg.  228,  s.  15. 

EXAMINATIONS 

17. — (1)  The  Board  shall  prescribe  examinations 
for  the  admission  of  chiropractors  to  practise  in 
Ontario,  upon  the  subjects  prescribed  by  subsec- 
tion (2).     R.R.O.  1970,  Reg.  228,  s.  16  (1). 

(2)  The  subjects  for  examination  are, 

(a)  anatomy; 

(b)  neurology; 

(c)  physiology; 

(d)  bacteriology; 

(«)  physiological  chemistry ; 
(/)  hygiene  and  sanitation ; 


Reg.  248 


DRUGLESS  PRACTITIONERS 


91 


(g)  diagnosis  and  symptomatology ; 

(A)  pathology ;  and 

(i)  principles  of  practice,  technique  and  treat- 
ment. R.R.O.  1970,  Reg.  228,  s.  16(2); 
O.  Reg.  497/74,  s.  3. 

(3)  The  examination  on  the  subjects  mentioned  in, 

(a)  clauses  (2)  (a)  to  (h)  shall  be  written;  and 

(b)  clause  (2)  (i)  shall  be  written  and  oral. 
R.R.O.  1970,  Reg.  228,  s.  16  (3). 

18. — (1)  The  Board  shall  conduct  or  cause  to  be 
conducted  examinations  at  least  once  a  year. 

(2)  The  Board  shall  conduct  or  cause  to  be  con- 
ducted supplemental  examinations  within  four  months 
after  the  examinations  referred  to  in  subsection  (1)  are 
held.     R.R.O.  1970,  Reg.  228,  s.  17. 

19. — (1)  Any  person  who, 

(a)  is  of  good  moral  character ; 

(b)  is  the  holder  of  an  Ontario  Secondary 
School  Honour  Graduation  Diploma  of  the 
General  Course  or  a  comparable  standing  as 
determined  by  the  Minister  of  Health;  and 

(c)  has  graduated  from  a  school  referred  to  in 
section  26, 

may  apply  to  the  secretary-treasurer  as  a  candidate 
for  the  examinations.  R.R.O.  1970,  Reg.  228, 
s.  18  (1) ;  O.  Reg.  497/74,  s.  4  (1). 

(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. 

(3)  The  application  shall  be  accompanied  by, 

(a)  two  letters  of  character ; 

(b)  an  Ontario  Secondary  School  Honour 
Graduation  Diploma  of  the  General  Course, 
or  a  certificate  of  equivalent  standing  as 
determined  by  the  Minister  of  Health; 

(c)  a  certificate  in  Form  2  from  the  head  of  the 
teaching  staff  of  a  school  referred  to  in 
section  26;  and 

(d)  the  examination  fee  prescribed  by  sec- 
tion 22.  R.R.O.  1970,  Reg.  228,  s.  18 
(2,  3). 

(4)  Where  a  candidate  has  passed  the  examination 
prescribed     by     the     Canadian     Chiropractic     Ex- 


amining Board,  or  any  predecessor  thereof,  in 
one  or  more  of  the  subjects  mentioned  in  sec- 
tion 17,  the  Board  may,  without  examination, 
give  the  candidate  credit  for  any  subjects  so 
passed.     O.  Reg.  497/74,  s.  4  (2). 

(5)  The  Board  shall  review  the  application  and,  if 
it  complies  with  the  provisions  of  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.  1970,  Reg.  228,  s.  18  (5). 

20. — (1)  A  person  who  has, 

(a)  been  notified  under  subsection  19  (S);  and 

(b)  paid  the  fee  prescribed  by  section  22, 
may  try  the  examinations. 

(2)  A  person  who  has, 

(a)  tried  the  examinations ; 

(b)  failed  in  three  subjects  or  fewer;  and 

(c)  paid  the  examination  fee  prescribed  by  sec- 
tion 22, 

may  try  at  a  supplemental  examination  the  subjects 
in  which  he  has  failed.     R.R.O.  1970,  Reg.  228,  s.  19. 

21.  A  candidate  for  examination  or  supplemental 
examination  shall  be  allowed, 

(a)   1  Yi  hours  for  each  subject  written ;  and 

{b)  thirty  minutes  for  the  oral  examination. 
R.R.0. 1970.  Reg.  228,  s.  20. 

FEES  ON  EXAMINATION 

22.  A  person  shall  pay  on  examination  a  fee, 

(a)  not  exceeding  $50 ;  and 

(b)  calculated  on  the  basis  of, 

(i)  $10  for  each  subject  at  an  examina- 
tion, and 

(ii)  $20  for  each  subject  at  a  supple- 
mental examination.  R.R.O.  1970, 
Reg.  228,  s.  21. 

EXAMINERS 

23. — (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  examination. 

(2)  No  person  shall  be  appointed  as  a  presiding 
examiner  unless  he  is  a  member  of  the  Board.  R.R.O. 
1970,  Reg.  228,  s.  22. 


92 


DRUGLESS  PRACTITIONERS 


Reg.  248 


24.  The  Board  shall  pay  a  presiding  examiner  or  an 
examiner, 

(a)  $15  for  the  examination  on  each  subject 
over  which  the  examiner  presides; 

(b)  $  1 2 .  50  for  each  half  day  or  less  during  which 
the  examiner  conducts  an  oral  examina- 
tion; 

(c)  an  amount  equal  to  the  amount  spent  by 
the  examiner  for  travelling  and  living 
expenses  while  acting  as  examiner ;  and 

(d)  $1  for  each  written  examination  that  the 
examiner  reads  and  marks.  R.R.O.  1970, 
Reg.  228,  s.  23. 

25. — (1)  The  presiding  examiner  shall, 

(a)  prepare  with  the  assistance  of  the  examiners 
the  examination  paj)er  for  each  subject; 

(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  unless  the  examination  paper  has 
been  approved  by  the  Board.  R.R.O.  1970,  Reg. 
228,  s.  24. 

SCHOOLS  FOR  CHIROPRACTORS 

26. — (1)  An  applicant  for  examination  shall  com- 
plete a  course  of  instruction  in  a  training  school, 

(a)  in  Ontario  that  conducts  a  course  in  chiro- 
practic as  set  out  in  subsection  (2);  or 

(b)  in  any  jurisdiction  outside  of  Canada 
that, 

(i)  conducts  a  course  in  chiropractic  as 
set  out  in  subsection  (2),  and 

(ii)  is  accredited  by  the  Accreditation 
Commission  of  the  Council  on 
Chiropractic  Education.  R.R.O. 
1970,  Reg.  228,  s.  25(1);  O.  Reg. 
497/74,  s.  5. 

(2)  The  course  in  chiropractic  shall  include  not 
less  than  four  academic  years  of  nine  months  each 
with  at  least  4.200  hours  of  instruction  in  the  follow- 
ing subjects : 

1 .  Anatomy,  including  dissection. 

2.  Physiology. 

3.  Chemistry. 


4.  Medical  jurisprudence. 

5.  Pathology. 

6.  Psychology. 

7.  Ophthalmology. 

8.  Otolaryngology. 

9.  Histology. 

10.  Dietetics. 

1 1 .  Diagnosis  and  symptomatology. 

12.  Radiology. 

13.  First  aid  and  minor  surgery. 

14.  Psychiatry. 

15.  Bacteriology. 

16.  Hygiene  and  sanitation. 

17.  Obstetrics. 

18.  Clinical  training. 

19.  Principles  of  practice,  technique  and  treat- 
ment.    R.R.O.  1970,  Reg.  228,  s.  25  (2). 

Form  1 

Drugless  Practitioners  Act 


APPLICATION  FOR  REGISTRATION  AS  A 
CHIROPRACTOR  BY  EXAMINATION 

To :  The  Secretary-Treasurer. 

Board  of  Directors  of  Chiropractic. 


(name) 


(address) 

apply  for  registration  as  a  chiropractor  and  in  support 
submit  the  following  information : 


1 .  Date  and  place  of  birth : 

2.  Address: 


(post  office)  (province) 

3.  My  preliminary  education  comprised : 


Reg.  248 


DRUGLESS  PRACTITIONERS 


93 


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  following  optional  courses : 


Date. 


..day  of ,  19 

(signature  of  applicant) 
R.R.O.  1970,  Reg.  228,  Form  1. 


Form  2 

Drugless  Practitioners  Act 

CERTIFICATE  OF  EDUCATION 
IN  CHIROPRACTIC 


I, 


(name) 

head  of  the  teaching  staff  of . . 
hereby  certify  that .  . 


(school  or  college) 


(name  of  graduate) 
has  successfully  completed  the  course  in  chiropractic 
at 


Date. 


(school  or  college) 
. . . day  of 


.,  19.... 


(signature) 
R.R.O.  1970,  Reg.  228,  Form  2. 


Reg.  249 


DRUGLESS  PRACTITIONERS 


95 


REGULATION  249 


under  the  Drugless  Practitioners  Act 
CLASSIFICATIONS  (c)  the  use  of  thermal  or  ultra-violet  lamps. 


CHIROPRACTORS 

1. — (1)  Persons  who  follow  the  system  of  treat- 
ment prescribed  by  subsection  (2)  are  classified  as 
chiropractors. 

(2)  The  system  of  treatment  that  may  be  followed 
by  chiropractors  is  the  treatment  of  persons  by  the 
relief  of  interference  with  the  normal  functioning  of 
the  nervous  system  of  the  body  by  the  adjustment 
or  the  manipulation  or  both  of  the  articulations 
and  the  tissues  thereof,  more  especially  those  of  the 
spinal  column  and  when  necessary  with  the  aid  of, 

(a)  exercise; 

(b)  light; 

(c)  thermotherapy ; 

(d)  hydrotherapy ;  or 

{e)  electrotherapy.  R.R.O.  1970,  Reg.  229, 
s.  1. 

MASSEURS 

2. — (1)  In  this  section  "association"  includes  a 
club,  corporation  or  unincorporated  organization. 

(2)  Persons  who  follow  the  system  of  treatment  pre- 
scribed 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  without  adjusting  or  attempting 
to  adjust  any  bony  structure  thereof ; 

(6)  the  use  of  steam  baths,  electric  baths, 
electric  light  baths,  vapour  baths  or  fume 
baths ;  and 


(4)  Subsection  (2)  does  not  apply  to  a  trainer  who  is 
employed  by  an  athletic  association  for  services 
rendered  by  him  to  members  of  the  athletic  association 
during  their  training  or  playing  season.  R.R.O. 
1970,  Reg.  229,  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. 

(3)  The  system  of  treatment  that  may  be  followed 
by  physiotherapists  is  the  treatment  of  p)ersons, 

(a)  in  the  case  of  a  physiotherapist  registered 
under  the  Act  on  the  31st  day  of  January, 
1955; and 

(b)  in  the  case  of  a  physiotherapist  registered 
after  the  date  mentioned  in  clause  (a),  upon  a 
prescription, 


by. 


(c)  the  massaging  and  manipulating  of  the 
body; 

(d)  the  use  of, 

(i)  radiant  energy,  except  radiant  and 
electrical  energy  from  radio  active 
materials  or  X-ray  machines,  and 

(ii)  mechanical  energy;  and 

{e)  the  exercising  of  the  body  in  any  suitable 
medium.    R.R.O.  1970,  Reg.  229,  s.  3. 


Reg.  250 


DRUGLESS  PRACTITIONERS 


97 


REGULATION  250 

under  the  Drugless  Practitioners  Act 


GENERAL 


INTERPRETATION 


1.  In  this  Regulation, 

(a)  "Board"  means  The  Board  of  Directors  of 
Drugless  Therapy ; 

(b)  "drugless  therapist"  means  any  person  who 
practises  or  advertises  or  holds  himself  out  in 
any  way  as  p-actising  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 ; 

(c)  "osteopath"  means  any  person  who  prac- 
tises or  advertises  or  holds  himself  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  osteopathy  and  approved  by 
the  Board.     R.R.O.  1970,  Reg.  230,  s.  1. 


REGISTRATION 

2.  Any  person  being  eighteen  years  of  age  may 
apply  to  the  Board  for  registration  as  a  drugless 
therapist.     R.R.O.  1970,  Reg.  230,  s.  2. 

CLASSIFICATIONS 


3.  Drugless  therapist  is  a  classification. 
1970,  Reg.  230,  s.  3. 


R.R.O. 


SCHOOLS  AND  COLLEGES 

4.  No  school  or  college  teaching  drugless  therapy 
shall  be  approved  by  the  Board,  whose  course  of 
instruction  is  less  than  four  years  of  nine  months  in 
each  year  and  unless  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.  1970,  Reg.  230,  s.  4. 


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  $75 ;  and 

(6)  with  each  appUcation  for  renewal  of  any 
such  registration,  a  fee  of  $25  plus  an 
additional  fee  of  $25  for  each  year  that  the 
registration  was  not  renewed. 

(2)  An  additional  fee  of  $15  shall  be  paid  with  each 
application  for  renewal  received  after  the  30th  day 
of  January  in  any  year.  R.^.O.  1970,  Reg.  230, 
s.  5. 


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.  1970,  Reg.  230,  s.  6. 


REGISTRATION 

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  shall  set  forth, 

(a)  classification  under  which  registration  is 
desired ; 

(6)  preliminary  education  of  the  applicant  prior 
to  admission  to  college  or  graduation ; 


98 


DRUGLESS  PRACTITIONERS 


Reg.  250 


(c)  name  and  post  office  address  of  the  college  of 
graduation ; 

(d)  actual  time  of  attendance  at  lectures  in  the 
college  of  graduation,  subjects  taught  and 
the  number  of  lecture  hours  devoted  to  each 
subject ; 

(«)  references  to  character,  professional  status 
and  efficiency  in  practice ;  and 

(/)  any  other  information  required  by  the 
Board, 

and  every  such  application  shall  be  accompanied  by 
the  prescribed  fee. 

(3)  Every  registration  and  renewal  thereof  shall 
remain  in  force  until  the  end  of  the  calendar  year. 
R.R.O.  1970,  Reg.  230,  s.  7. 

8.  A  drugless  practitioner  is  entitled  to  renew  his 
registration  upon  making  application  therefor  and 
paying  the  prescribed  fee.  R.R.O.  1970,  Reg.  230, 
s.  8. 

9. — (1)  A  drugless  therapist  shall  be  entitled  to 
renew  his  registration  upon  making  application 
therefor  and  paying  the  prescribed  fee  as  set  out  in 
clause  5  (1)  (b)  and  subsection  5  (2),  provided  the  appli- 
cation for  renewal  is  made  within  two  years  from  the 
date  of  expiry  of  the  said  registration. 


(2)  Where  a  drugless  therapist  has  failed  to 
renew  his  registration  for  two  years,  he  may  renew 
his  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  application  for  registration.  R.R.O. 
1970,  Reg.  230,  s.  9. 

10.  A  certificate  of  registration  and  of  every 
renewal  thereof  shall  be  issued  to  the  applicant. 
R.R.O.  1970,  Reg.  230,  s.  10 

11.  Any  person  who  commences  a  course  of 
instruction  for  the  purpose  of  qualifying  to  praciise  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  is  taking  but  the  Board  may  extend  the  time  for 
registration.     R.R.O.  1970,  Reg.  230,  s.  11. 


12.  The  Board  may  make  reciprocal  arrangements 
with  other  bodies,  councils  or  boards  governing  drug- 
less practitioners  in  jurisdictions  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  prac- 
tise in  such  jurisdiction.  R.R.O.  1970,  Reg.  230, 
s.  12. 

13. — (1)  The  Board  may,  in  its  absolute  discretion 
and  in  such  circumstances  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  eye- 
sight. 

(2)  The  Board  may,  in  its  absolute  discretion,  remit 
all  or  part  of  the  renewal  fees  of  any  registrant  who,  by 
reason  of  physical  disability,  illness  or  absence  from 
Ontario,  discontinues  practise  in  Ontario  for  a  period 
of  not  less  than  one  year.  R.R.O.  1970,  Reg.  230, 
s.  13. 

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. 
1970,  Reg.  230,  s.  14. 

15. — (1)  If  an  apphcant  fails  on  more  than  three 
subjects,  he  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.  1970,  Reg.  230,  s.  15. 

16. — (1)  No  candidate  is  eligible  to  try  any  exam- 
i  nation  until  his  candidature  has  been  approved  by  the 
Board. 

(2)  The  approval  may  be  given  upon  proof  of  the 
candidate  having  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  secon- 
dary subjects,  as  in  each  case  is  satisfactory  to  the 
Board.     R.R.O.  1970,  Reg.  230,  s.  16. 

17.  There  shall  be  paid  with  each  application  for 
examination  and  with  each  application  for  supple- 
mental 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.  1970, 
Reg.  230,  s.  17. 


SUBJECTS 

18.  The  subjects  of  examination  shall  be, 

(a)  foundational  subjects:  anatomy,  histology, 
physiology,  bacteriology,  chemistry,  hy- 
giene and  sanitation,  diagnosis,  symptom- 
atology, pathology,  gynecology ;  and 


Reg.  250 


DRUGLESS  PRACTITIONERS 


99 


(b)  subjects  special  to  principles  of  practice, 
technique  and  treatment  for  drugless  ther- 
apy.   R.R.O.  1970,  Reg.  230,  s.  18. 

19.  The  examinations  shall  consist  of  written,  oral 
and  clinical  examinations  in  each  subject.  R.R.O. 
1970,  Reg.  230,  s.  19. 

20.  There  shall  be  two  examination  periods  in 
each  day  from  9.00  a.m.  to  11.30  a.m.,  and  from 
1.30  p.m.  to  4.00  p.m.,  but  the  presiding  examiner 
may  extend  any  such  period  for  a  further  half  hour. 
R.R.O.  1970,  Reg.  230,  s.  20. 

21. — (1)  The  Board  shall  arrange  a  period  of  three 
consecutive  days  in  each  year  for  the  regular  examina- 
tions, which  three-day  period  may  be  extended  at  the 
discretion  of  the  presiding  examiner. 

(2)  The  Board  shall  further  arrange  a  similar  period 
for  supplemental  examinations  when  necessary. 
R.R.O.  1970,  Reg.  230,  s.  21. 

22. — (1)  AppHcants  for  supplemental  examina- 
tions shall  be  those  who  have  failed  in  not  more  than 
three  subjects  and  such  other  applicants  as  are 
approved  by  the  Board  on  the  grounds  of  special 
necessity. 

(2)  Unless  by  special  leave  of  the  Board,  no  appli- 
cant shall  take  a  supplemental  examination  in  any 

subject  that  he  has  not  tried  at  the  regular  examina- 
tions.   R.R.O.  1970,  Reg.  230,  s.  22. 

23. — (1)  Oral  and  chnical  examinations  may  be 
arranged  by  the  presiding  examiner  during  and  follow- 
ing the  time  period  of  the  written  examinations. 

(2)  The  session  for  each  individual  for  the  oral 
and  clinical  examination  shall  not  exceed  thirty 
minutes  and,  if  taken  during  a  written  examination, 
the  time  shall  be  so  extended  that  the  candidate  has 
at  least  254  hours  for  each  written  examination. 
R.R.O.  1970,  Reg.  230,  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  exam- 
iners, depending  on  the  number  of  candidates  for 
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  appoint- 
ment and  shall  forthwith  notify  the  secretary- 
treasurer  of  his  acceptance,  whereupon  his  appoint- 
ment is  confirmed  and  he  shall  then  receive  a  copy 
of  the  regulations  affecting  examinations,  payment, 
rules  for  examinations  and  the  time  set  for  examina- 
tions 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  shall  conduct  the 
examinations,  set  and  read  the  written  papers  and 
allot  marks  thereon,  and  conduct  the  oral  and  chnical 
examinations  with  assistance  therein  if  necessary  and 
shall  provide  the  clinical  and  other  material  necessary 
for  the  oral  and  clinical  examinations.  R.R.O.  1970, 
Reg.  230,  s.  24. 

25. — (1)  The  presiding  examiner  of  candidates  for 
registration  as  drugless  practitioners  shall  be  paid  on 
the  same  basis  as  he  is  paid  for  attendance  at  regular 
meetings  of  the  Board. 

(2)  Each  examiner  shall  receive  $10  for  each 
written  examination  paper  set  and  75  cents  for  each 
paper  read  and  marked  by  him,  and  shall  receive 
SI 2,50  for  each  half-day  of  three  hours  or  part  thereof 
for  conducting  oral  and  chnical  examinations  and,  in 
addition,  he  shall  be  reimbursed  for  transportation 
and  expenses.     R.R.O.  1970,  Reg.  230,  s.  25. 

26. — (1)  At  the  close  of  the  examinations,  whether 
regular  or  supplemental,  the  examiners  shall  meet  and 
discuss  results,  finally  adjust  marks  granted  and  make 
due  recommendations  to  the  Board  regarding  the  can- 
didates at  the  examinations  and  changes  recom- 
mended regarding  examinations. 

(2)  The  presiding  examiner  shall  act  as  secretary 
of  such  meeting  and  submit  the  official  report  to  the 
Board.    R.R.O.  1970,  Reg.  230,  s.  26. 

27.  Each  examination  paper  for  each  examination 
period  shall  comprise  one  subject  and  shall  consist  of 
one  question  which  the  candidate  is  required  to 
answer  and  five  other  questions  of  which  the  candi- 
date shall  answer  any  four  and  the  total  marks  for 
each  examination  paper  is  100.  R.R.O.  1970,  Reg. 
230,  s.  27. 

STANDARD   TO    BE   OBTAINED 

28. — (1)  A  Standard  of  100  marks  for  the  written 
answers,  and  100  marks  for  orals  and  clinicals,  shall  be 
adopted  by  each  examiner. 

(2)  Written  examination  results  and  oral  and  clini- 
cal 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.  1970,  Reg.  230,  s.  28. 

29.  The  secretary-treasurer  of  the  Board  shall 
arrange  for  a  suitable  examination  hall,  furniture  and 
equipment,  pencils,  stationery,  blotters,  examination 
books  or  paper  and  all  other  material  or  equipment 
necessary  for  the  due  carrying  out  of  the  examinations, 
and  the  cost  thereof  and  of  any  other  material  or  thing 


100 


DRUGLESS  PRACTITIONERS 


Reg.  250 


necessary  or  incidental  to  the  said  examinations  shall 
be  paid  from  the  office  of  the  .secretary-treasurer  on 
presentation  of  vouchers,  and  the  payments  shall  be 
confirmed  at  the  next  regular  meeting  of  the  Board. 
R.R.O.  1970,  Reg.  230,  s.  29. 

DISCIPLINE 

30. — ( 1 )  The  certificate  of  registration  of  any  drug- 
less  practitioner  may,  after  due  enquiry  by  the  Board, 
be  either  suspended  or  cancelled  for  incompetence, 
misconduct  or  breach  of  this  Regulation. 

(2)  Any  drugless  practitioner  against  whom  an 
allegation  of  misconduct,  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  convene  for  the  purpose  of  determining 
whether  or  not  he  has  been  guilty  of  the  alleged  mis- 
conduct, incompetence  or  breach  of  this  Regulation. 
R.R.O.  1970,  Reg.  230.  s.  30. 

31.  No  drugless  practitioner  registered  under  the 
Act  shall  display  any  sign,  bill,  poster  or  placard  hold- 
ing himself  out  or  advertising  himself  as  a  drugless 
therapist  .unless  the  certificate  of  registration  issued 
by  the  Board  specifies  that  such  person  is  registered 
as  a  drugless  therapist.    R.R.O.  1970,  Reg.  230,  s.  31. 

32.  No  registrant  shall  use  the  words  "drugless 
practitioner"  as  an  occupational  designation  but  may 
describe  himself  only  in  the  terms  of  the  classification 
in  which  he  is  registered.  R.R.O.  1970,  Reg.  230, 
s.  32. 

33.  No  drugless  practitioner  shall  pubhsh  or  cause 
to  be  published  in  any  newspaper,  telephone  directory, 
periodical,  circular  or  in  any  other  printed  matter,  any 
notice  or  advertisement  containing  anything  other 
than  his  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.  1970,  Reg.  230,  s.  33. 

34.  A  registrant  using  or  causing  to  be  used  adver- 
tising matter  that  contains  mis-statements,  false- 
hoods, misrepresentations,  distorted  or  fabulous 
statements  as  to  cures  by  any  method  of  treatment 


used  by  him  or  as  to  his  training,  qualifications  or 
attainments,  shall  be  deemed  to  be  guilty  of  mis- 
conduct within  the  meaning  of  this  Regulation. 
R.R.O.  1970,  Reg.  230.  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  un- 
registered persons  shall  be  filed  with  the  secretary- 
treasurer  who  shall  make  such  further  investigations 
as  he  deems  necessary  and  report  to  the  Board. 

(3)  The  inspector  shall  be  remunerated  for  his 
time  and  expenses  as  the  Board  may  determine. 
R.R.O.  1970.  Reg.  230.  s.  35. 

CHEQUES 

36.  All  cheques  of  the  Board  shall  be  signed  by  the 
chairman  or  vice-chairman  and  secretary-treasurer. 
R.R.O.  1970.  Reg.  230,  s.  36.  :.     .. 


37.  Each  member  of  the  Board,  other  than  the 
secretary-treasurer,  shall  be  paid. 

(a)  an  allowance  of  $100  for  each  day  or  part  of 
a  day  engaged  in  attending  the  meetings  of 
the  Board,  the  maximum  allowance  in 
any  year  not  to  exceed  $1,200;  and 

(b)  an  allowance  for  his  travelling  and  living 
expenses  to.  from  and  at  those  meetings. 
O.  Reg.  627/78,  s.  I.  part. 

38.  The  secretary-treasurer  of  the  Board  shall  be 
paid  a  salary  of  $1,200  per  annum.  O.  Reg. 
627/78.  s.  \,part. 


39.  The  accounts  of  the  Board  shall  be  audited  by  a 
chartered  accountant  annually.  R.R.O.  1970.  Reg. 
230.  s.  39. 


Reg.  251 


DRUGLESS  PRACTITIONERS 


101 


REGULATION  251 

under  the  Drugless  Practitioners  Act 


MASSEURS 

INTERPRETATION 

1.  In  this  Regulation, 

(a)  "Board"  means  The  Board  of  Directors 
of  Masseurs ; 

(b)  "secretary-treasurer"  means  secretary- 
treasurer  of  the  Board.  R.R.O.  1970, 
Reg.  231.  s.  1. 

REGISTRATION 

2.  The  secretary-treasurer  shall  maintain  a  register 
of  persons  admitted  to  practise  as  masseurs.  R.R.O. 
1970,  Reg.  231,  s.  2. 

3.  The  secretary-treasurer  shall  register  as  a  masseur 
any  person  who  has, 

(a)  passed  the  examinations  prescribed  by  section 
16;  and 

(b)  paid  the  registration  fee  prescribed  by  clause 
7  (1)  (a).     O.  Reg.  969/80,  s.  1,  part. 

4.  The  secretary-treasurer  shall  register  as  a  masseur 
any  person  who  has, 

(a)  received  his  education  and  training  outside  of 
Ontario; 

(b)  education  and  training  equivalent  to  that 
required  by  section  16; 

(c)  been  examined  by  the  Board;  and 

(d)  paid  the  registration  fee  prescribed  by  clause 
7  (1)  (a).     O.  Reg.  969/80,  s.  1,  part. 

5. — (1)  The  registration  of  a  masseur  expires 
with  the  first  Monday  in  February  in  each  year. 
R.R.O.  1970,  Reg.  231,  s.  S  (1). 

(2)  The  secretary-treasurer  shall  renew  the  registra- 
tion of  a  person  registered  as  a  masseur  for  one  year 
where  the  masseur  pays  the  renewal  fee  prescribed  by 
clause  7  (1)  (b).     O.  Reg.  969/80,  s.  2. 


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  last  known  address 
appearing  on  the  register  that  his  registration  has 
expired.     R.R.O.  1970,  Reg.  231,  s.  6  (1). 


(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.     O.  Reg.  969/80,  s.  3. 

7. — (1)  The  fees  to  be  paid  by  a  masseur  are, 

(a)  on  registration;  $50; 

(b)  on  renewal  of  registration,  $40; 

(c)  on  renewal  of  registration,  where  a  registra- 
tion has  expired  for  one  year  or  part  thereof, 
$50;  or 

(d)  on  renewal  of  registration,  where  a  registra- 
tion has  expired  for  more  than  one  year,  $  150. 

(2)  A  person  who  has  been  admitted  to  practise  as  a 
masseur  but  who  is  not  practising  and  applies  to  the 
secretary-treasurer  and  pays  a  fee  of  $20  each  year  may 
be  placed  on  an  inactive  register  for  a  period  not 
exceeding  two  years. 

(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  he, 

(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  his  competence  to  practise  as  a 
masseur.     O.  Reg.  969/80,  s.  4. 


DISCIPLINE 

8. — (1)  The  Board  may,  after  a  hearing,  suspend 
or  cancel  the  registration  of  any  f)erson  found  guilty 
of  misconduct  or  to  be  ignorant  or  incompetent. 

(2)  Before  holding  a  hearing,  the  Board  shall  send 
by  registered  mail  to  the  masseur  at  his  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 

(6)  appointing  the  date,  time  and  place  for  the 
hearing. 


102 


DRUGLESS  PRACTITIONERS 


Reg.  251 


(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  decision  may  be  made  in 
his  absence. 

(5)  At  the  hearing,  the  masseur  is  entitled  to  hear 
the  evidence  against  him,  to  cross-examine  thereon, 
to  call  witnesses  in  his  behalf  and  to  present  his 
argument. 

(6)  The  masseur  may  be  represented  at  the  hearing 
by  counsel  or  by  an  agent.  R.R.O.  1970,  Reg.  231,  s.  8 
(1-6). 

(7)  Where  the  Board  decides  to  suspend  the  registra- 
tion, the  period  of  suspension  shall  not  be  longer  than 
ninety  days.     O.  Reg.  969/80,  s.  5. 

9.  For  the  purpose  of  section  8  "misconduct" 
means, 

(a)  failure  to  maintain  the  standard  of  practice  of 
the  profession; 

(b)  failure  to  maintain  records  in  respect  of  a 
masseur's  patients; 

(c)  exceeding  the  lawful  scope  of  practice; 

id)  using  terms,  titles  or  designations  other  than 
those  authorized  by  this  Regulation; 

(«)  treating  or  attempting  to  treat  a  condition 
that  the  masseur  recognizes  or  should  have 
recognized  as  being  beyond  his  competence; 

(/)  failure  of  a  masseur  to  refer  a  patient  to  a 
legally  qualified  medical  practitioner  when 
the  masseur  recognizes  or  should  have  recog- 
nized 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  fit- 
ness of  a  masseur  to  engage  in  the  practice  of 
massage; 

(k)  sexual  impropriety  with  a  patient; 

(/)  abusing  a  patient  verbally  or  physically; 

(m)  announcing  or  holding  out  falsely  by  a  mas- 
seur that  he  has  special  qualifications; 


(n)  acting  as  a  masseur  while  the  ability  to  per- 
form any  act  as  a  masseur  is  impaired  by 
alcohol  or  drugs; 

(o)  knowingly  permitting  his  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  cir- 
cumstances, would  reasonably  be  regarded  by 
masseurs  as  disgraceful,  dishonourable  or 
unprofessional; 

iq)  publishing,  displaying,  distributing  or  caus- 
ing 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  training,  qualification  or  skills. 
O.  Reg.  969/80,  s.  6. 

10. — (1)  The  Board  may  appoint  an  inspector  who 
on  the  direction  of  the  Board  shall  investigate  a  written 
complaint  that  a  masseur  has  been  guilty  of  miscon- 
duct or  displayed  such  ignorance  or  incompetence  as  to 
render  it  desirable  in  the  public  interest  that  his  regis- 
tration be  cancelled  or  suspended. 

(2)  The  inspector  shall  make  a  written  report  to  the 
Board  of  every  investigation  made  by  him.     O.  Reg. 

969/80,  s.  7. 


DESIGNATIONS 

11.  No  person  other  than  a  masseur  registered 
under  the  Act  shall  advertise  or  use  any  title  or  add 
any  affix  to  his  name  signifying  that  he  is  qualified 
to  practise  as  a  masseur.  R.R.O.  1970,  Reg.  231, 
s.  10. 


12.  A  person  registered  as  a  masseur  shall  not  use 
any  occupational  designation  in  respect  of  that  regis- 
tration other  than  Registered  Masseur  or  Registered 
Masseuse,  Registered  Massage  Therapist  or  the  letters 
"Reg.  M."  or  "Reg.  M.T.".     O.  Reg.  969/80,  s.  8. 


ALLOWANCE   FOR   BOARD 

13. — (1)  Members  of  the  Board  shall  be  paid  a  per 
diem  allowance  of  $100  together  with  their  necessary 
travelling  and  living  expenses  while  actually  engaged 
on  the  business  of  the  Board. 

(2)  In  addition  to  the  allowance  paid  under  subsec- 
tion (1),  the  secretary-treasurer  shall  be  paid  an  annual 
allowance.     O.  Reg.  969/80,  s.  9. 


Reg.  251 


DRUGLESS  PRACTITIONERS 


103 


EXAMINATIONS 

14. — (1)  The  Board  shall  prescribe  examinations 
for  the  admissions  of  masseurs  to  practice  in 
Ontario,  upon  the  subjects  prescribed  by  sub- 
section (2).     R.R.O.   1970,  Reg.  231,  s.   14  (1). 

(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),  (f)  and  (g)  shall 
consist  of  one  oral  and  two  written  examina- 
tions; and 

(b)  clause  (2)  (h)  shall  be  a  practical  examina- 
tion.    O.  Reg.  969/80,  s.  11 

15. — (1)  The  Board  shall  conduct  or  cause  to  be 
conducted  examinations  at  least  once  a  year. 
R.R.O.  1970,  Reg.  231,  s.  15  (1). 

(2)  The  Board  shall  conduct  or  cause  to  be  conducted 
supplemental  examinations  within  four  months  after 
the  examinations  conducted  under  subsection  (1), 
except  that  when  two  examinations  a  year  are  held,  the 
supplemental  shall  be  considered  to  be  part  of  the 
next  regular  examination.     O.  Reg.  969/80,  s.  12  (1). 

(3)  An  applicant  who  fails  a  written  examination 
may  apply  to  the  Board  for  a  review  of  the  written 
examination  that  he  has  failed  upon  payment  of  a  fee 
of  $50  for  each  written  examination  that  is  reviewed. 
O.  Reg.  969/80,  s.  12  (2). 

16. — (1)  Any  person  who, 

(a)  is  the  holder  of  a  Secondary  School  Gradua- 
tion Diploma  or  a  certificate  considered  by  the 
Minister  as  equivalent  thereto;  and 

(b)  has  registered  in  a  course  of  instruction  in 
massage  at  a  private  vocational  school  regis- 
tered under  the  Private  Vocational  Schools 
Act, 

may  apply  to  the  secretary-treasurer  as  an  applicant  for 
examination  and  registration. 


(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  secretary-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  21. 

(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  stating  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  secretary-treasurer  shall  notify  the  applicant 
that  the  applicant  is  entitled  to  take  the  examinations. 
O.  Reg.  969/80,  s.  13. 

17. — (1)  An  applicant  who  has, 

(a)  been  notified  under  subsection  16  (5);  and 

(b)  paid  the  fee  prescribed  by  section  21, 
may  try  the  examinations. 

(2)  An  applicant  who  has, 

(a)  tried  the  examinations  and  failed  in  one  of  the 
four  examinations;  and 

(b)  paid  the  fee  prescribed  by  section  21, 

may  try  a  supplemental  examination  in  the  subject  that 
he  fails.     O.  Reg.  969/80,  s.  14. 


EXAMINERS 

18. — (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  examination. 

(2)  No  person  shall  be  appointed  as  a  presiding 
examiner  unless  he  is  a  member  of  the  Board. 
R.R.O.  1970,  Reg.  231,  s.  19. 

19.  The  Board  shall  pay  an  examiner  other  than  the 
presiding  examiner, 


104 


DRUGLESS  PRACTITIONERS 


Reg.  251 


(a)  $100  for  the  preparation  of  each  written 
examination  and  $50  for  each  oral  and  practi- 
cal examination; 

(b)  $75  for  each  day  or  less  during  which  the 
examiner  conducts  or  supervises  an  examina- 
tion; 

(c)  the  actual  amount  spent  in  travelling  and  liv- 
ing expenses  while  engaged  as  an  examiner; 
and 

(d)  $5  for  each  written  examination  paper  that  the 
examiner  reads  and  marks.  O.  Reg.  969/80, 
s.  16. 

20. — (1)  The  presiding  examiner  shall, 


(a)  review  the  examination  papers  after  they 
have  been  prepared  by  the  examiner;  and 

(b)  conduct  the  examination  at  the  time  set 
by  the  Board.  R.R.O.  1970,  Reg.  231,  s.  21 
(1). 

(2)  The  presiding  examiner  shall  be  paid  for  his  ser- 
vices an  amount  equal  to  the  amount  prescribed  by 
subsection  13  (1).     O.  Reg.  969/80,  s.  17. 

FEES  ON  EXAMINATION 

21. — (1)  An  applicant  for  examination,  other  than  a 
supplemental  examination,  shall  pay  a  fee  of  $55. 

(2)  An  applicant  for  a  supplemental  examination 
shall  pay  a  fee  of  $30.     O.  Reg.  969/80,  s.  18. 


Form  1 

Drugless  Practitioners  Act 

APPLICATION  FOR  REGISTRATION  AS  A  MASSEUR  BY  EXAMINATION 

To :  The  Secretary-Treasurer, 

Board  of  Directors  of  Masseurs 


I, 


(name)  (address) 

apply  for  registration  as  a  masseur  and  in  support  submit  the  following  information : 

1 .  Date  and  place  of  birth : 

2.  Address : 


(post  offce) 
3.  My  preliminary  education  comprised : 


(province) 


4.  I  graduated  from  the. 
school  at 


5.  I  attended  the  following  lectures  at  the  school  mentioned  in  paragraph  4  and  I  hold  certificates  in  the 
following  optional  courses: 


Date. 


.  day  of , 


..  19.... 


(signature  of  applicant) 

R.R.O.  1970,  Reg.  231,  Form  1. 


Reg.   251  DRUGLESS  PRACTITIONERS  105 

Form  2 

Drugless  Practitioners.  Act 
CERTIFICATE  OF  EDUCATION  IN  MASSAGE 

I ,  head  of  the 

(name) 

teaching  staff  of , 

(school) 

hereby  certify  that 

(name  of  graduate) 


has  successfully  completed  the  course  in  massage  at 

(school) 

Date day  of ,  19. 


(signature) 
R.R.O.  1970.  Reg.  231,  Form  2. 


Reg.  252 


DRUGLESS  PRACTITIONERS 


107 


REGULATION  252 


under  the  Drugless  Practitioners  Act 
OSTEOPATHS 

INTERPRETATION 

1.  In  this  Regulation, 


(a)  "Board"  means  Board  of  Directors  of 
Osteopathy ; 

(b)  "secretary-treasurer"  means  secretary- 
treasurer  of  the  Board.  R.R.O.  1970, 
Reg.  232,  s.  1. 


REGISTRATION 

2.  The  secretary-treasurer  shall  maintain  a  register 
of  persons  admitted  to  practice  as  osteopaths. 
R.R.O.  1970,  Reg.  232,  s.  2. 

3.  The  secretary-treasurer  shall  register  as  an 
osteopath  any  person  who, 

(a)  is  of  good  moral  character ; 

ib)  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.  1970,  Reg.  232,  s.  3. 

4.  The  secretary-treasurer  shall  register  any  per- 
son who, 

(a)  is  registered  as  an  osteopath  in  a  jurisdic- 
tion outside  Ontario  under  regulations 
similar  to  this  Regulation ;  and 

(6)  pays  the  registration  fee  prescribed  by  clause 
7  (a).     R.R.O.  1970,  Reg.  232,  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  regis- 
tration for  one  year  where  the  osteopath  pays  the 
renewal  fee  prescribed  by  clause  7  (b).  R.R.O.  1970, 
Reg.  232,  s.  S. 

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  last  known  address 
appearing  on  the  register  that  his  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.  1970,  Reg.  232,  s.  6. 


7.  The  fees  to  be  paid  by  an  osteopath  are, 

(a)  on  registration,  $75 ; 

(b)  on  renewal  of  registration,  $50 ;  and 

(c)  where  his  registration  has  expired,  for  each 
year  or  part  of  a  year  that  has  passed 
since  the  date  of  expiry  of  registration,  $25. 
R.R.O.  1970,  Reg.  232,  s.  7;  O.  Reg. 
162/75,  s.  1. 

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  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 

(6)  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  decision  may  be  made 
in  his  absence. 

(5)  At  the  hearing,  the  osteopath  is  entitled  to 
hear  the  evidence  against  him,  to  cross-examine 
thereon,  to  call  witnesses  in  his  behalf  and  to  present 
his  argument. 

(6)  The  osteopath  may  be  represented  at  the 
hearing  by  counsel  or  by  an  agent. 

(7)  Where  the  Board  decides  to  suspend  the  regis- 
tration, the  period  of  suspension  shall  not  be  longer 
than  thirty  days.     R.R.O.  1970,  Reg.  232,  s.  8. 


108 


DRUGLESS  PRACTITIONERS 


Reg.  252 


9. — (1)  The  Board  may  appoint  an  inspector  for 
the  investigation  of  complaints  made  against  an 
osteopath. 

-  «•.  if  ■ 

(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  registration  be  cancelled  or  sus- 
pended. 

(4)  The  inspector  shall  report  to  the  Board  on 
every  investigation  made  by  him.  R.R.O.  1970, 
.Reg.  232,  s.  9. 

DESIGNATIONS 

10.  No  person  other  than  an  osteopath  registered 
under  the  Act  shall  advertise  or  use  any  title  or  .«dd 
any  affix  to  his  name  signifying  that  he  is  qualified 
to  practise  as  an  osteopath.  R.R.O.  1970,  Reg.  232, 
s.  10. 

ALLOWANCE   FOR   BOARD 

11. — (1)  Members  of  the  Board  shall  be  paid, 

(a)  a  per  diem  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.  1970, 
Reg.  232,  s.  11  (1). 

(2)  The  allowance  is, 

(a)  $75  a  day ;  and 

(b)  the  actual  amount  spent  in  travelling  and 
living  expenses.  R.R.O.  1970,  Reg.  232, 
s.  11  (2);  O.Reg.  162/75,  s.  2  (1). 

(3)  The  amount  of  the  allowance  paid  under  clause 
(2)  (a)  to  each  member  shall  not  exceed  $750  in  any  one 
year.     O.  Reg.  162/75,  s.  2  (2). 

(4)  In  addition  to  the  allowance  paid  under  subsec- 
tion (3),  the  secretary-treasurer  shall  be  paid  an  annual 
allowance  of  $600.     R.R.O.  1970,  Reg.  232,  s.  11  (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 ; 


(6)  physiology,  including  physiological 
chemistry ; 

(c)  pathology  and  bacteriology,  including  para- 
sitology, immunology,  public  health  and 
preventive  medicine ; 

(d)  surgery,  including  surgical  specialties ; 

(e)  obstetrics,  gynaecology  and  paediatrics; 

(/)  neurology,  psychology  and  psychiatry ;  and 

(g)  osteopathic  medicine,  including  principles, 
therapeutics,  pharmacology,  materia  me- 
dica  and  jurisprudence.  R.R.O.  1970, 
Reg.  232,  s.  12. 

13. — (1)  The  Board  shall  conduct  or  cause  to  be 
conducted  examinations  at  least  once  a  year. 

(2)  When  necessary,  the  Board  shall  conduct  or 
cause  to  be  conducted  supplemental  examinations 
within  four  months  after  the  examinations  under 

subsection  (1).     R.R.O.   1970,  Reg.  232,  s.  13. 

14. — (1)  Any  person  who, 

(a)  is  of  good  moral  character ; 

(b)  is  the  holder  of  an  Ontario  Secondary 
School  Graduation  Diploma  or  an  equiva- 
lent certificate  as  determined  by  the  Minister 
of  Health; 

(c)  has  successfully  completed  at  least  two 
years  of  preliminary  study  at  a  coUege  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, 

may  apply  to  the  secretary-treasurer  as  a  candidate 
for  the  examination. 

(2)  Application  for  examination  shall  be  made  in 
Form  1  to  the  secretary-treasurer. 

(3)  The  applicant  shall  submit  with  the  applica- 
tion, 

(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. 


Reg.  252 


DRUGLESS  PRACTITIONERS 


109 


(4)  The  Board  shall  review  the  application  and, 
if  it  complies  with  the  provisions  of  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.  1970,  Reg.  232,  s.  14. 

15. — (1)  A  person  who  has, 

(a)  been  notified  under  subsection  14  (4);  and 

{b)  paid  the  fee  prescribed  by  section  17, 
may  take  the  examinations. 
(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  has  failed.     R.R.O.  1970,  Reg.  232,  s.  15. 

16.  A  person  who  is  taking  an  examination  or 
supplemental  examination  shall  be  allowed, 

(a)  2  Vi  hours  for  each  subject  written ;  and 

(b)  thirty  minutes  for  the  oral  examination 
in  each  subject.  R.R.O.  1970,  Reg.  232, 
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 

(6)  calculated  on  the  basis  of , 

(i)  $10  for  each  subject  at  an  examina- 
tion, and 

(ii)  $20  for  each  subject  at  a  supple- 
mental examination.  R.R.O.  1970, 
Reg.  232,  s.  17. 

OSTEOPATHIC  COLLEGES 

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  completed  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  therai>eutics ; 

ii.    materia  medica  and  associated  subjects; 
and 

iii.    toxicology. 

5.  Pathology. 

6.  Public  health  and  preventive  medicine,  com- 
prising, 

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  osteo- 
pathy. 

10.  Neurology. 

11.  Psychology. 


no 


DRUGLESS  PRACTITIONERS 


Reg.  252 


12.  Psychiatry. 

13.  Paediatrics. 

14.  Dermatology  and  syphilology. 

15.  Therapeutics. 

16.  Tropical  medicine. 

17.  Medical  jurisprudence.     R.R.O.  1970,  Reg.  232, 
s.  18. 

MEETINGS  OF  THE   BOARD 

19.— (1)  The  chairman  or,  in  his  absence,  the 
vice-chairman  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  chairman  or  upon  the  written 
request  of  any  two  members  of  the  Board  stating 
the  reason  for  calling  the  meeting.  R.R.O.  1970, 
Reg.  232,  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  meetings  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  exami- 
nations ; 

(e)  receive  all  moneys  and  securities  and  keep 
a  proper  record  of  all  business  transactions 
of  the  Board,  the  receipt  and  expenditure 
of  all  moneys  and  securities,  and  forthwith 
deposit  all  such  moneys  or  securities  re- 
ceived in  such  chartered  bank  as  the  Board 
selects ;  and 

(/)  carry  out  such  other  duties  as  the  Board 
from  time  to  time  directs.  R.R.O.  1970, 
Reg.  232,  s.  20. 

21.  All  cheques  of  the  Board  shall  be  signed 
by  the  chairman  or  vice-chairman  and  the  secretary- 
treasurer.     R.R.O.  1970,  Reg.  232,  s.  21. 


22.  The  accounts  of  the  Board  shall  be  audited 
annually  by  a  chartered  accountant  appointed  by  the 
Board.     R.R.O.  1970,  Reg.  232,  s.  22. 


Form   1 

Drugless  Practitioners  Act 

APPLICATION  FOR  REGISTRATION  AS  AN  OSTEOPATH  BY  EJ^AMINATION 


Name. 


Address , 


(If  female) 


name)  (given  name  in  full) 

(any  alteration  in  or  change  of  name  since  registration  of  birth) 
(municipality)  (county)  (province) 


(home  address)  (street  address) 

Date  of  birth Age 

Are  you  a  British  Subject  ? 


(yes  or  no) 


Primary  Education , 


(business  address) 


(by  birth  or  naturalized) 


(name  of  public  or  private  schools  attended) 

Date  of  entrance  to  high  school  or  collegiate 

Names  of  high  schools,  coUegiates,  private  schools,  senior  schools  attended. 


Reg.  252 DRUGLESS  PRACTITIONERS 111 

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 to .  . . 

I  have  received  special  training  in  osteopathy  and  in  respect  thereof  I  hold  certificates  from. 


(names  of  boards) 
Three  references  as  to  character  (names  and  addresses) 


I  am  registered  to  practise  in 

(provinces  or  states) 


(signature  of  applicant) 


Affidavit 

To:  The  Board  of  Directors  of  Osteopathy, 
Drugless  Practitioners  Act, 
Province  of  Ontario. 

I of 

in  the County  of . 


112 DRUGLESS  PRACTITIONERS Reg.  252 

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. 

Declared  before  me  at  the of 

this day  of ,  19 . . . . 


(a  Commissioner,  etc.) 

R.R.O.  1970,  Reg.  Ul.  Form  1. 

Form  2 

Drugless  Practitioners  Act 

CERTIFICATE  OF  EDUCATION  IN  OSTEOPATHIC  MEDICINE 

I, 

(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 

(school  or  college) 

Date day  of ,  19 


(signature) 
R.R.O.  1970.  Reg.  232,  Form  2. 


Reg.  253 


DRUGLESS  PRACTITIONERS 


113 


REGULATION  253 

\       under  the  Drugless  Practitioners  Act 
PHYSIOTHERAPISTS 


INTERPRETATION 

1.  In  this  Regulation, 

(a)  "Board"  means  the  Board  of  Directors  of 
Physiotherapy ; 

(b)  "secretary-treasurer"  means  the  secretary- 
treasurer  of  the  Board.  R.R.O.  1970, 
Reg.  233,  s.  1. 

REGISTRATION 

2.  The  secretary-treasurer  shall  maintain  a  register 
of  persons  admitted  to  practise  as  physiotherapists. 
R.R.O.  1970.  Reg.  233,  s.  2. 

3. — (1)  The  secretary-treasurer  shall  register  as  a 
physiotherapist  any  person  who, 

(a)  is  of  good  moral  character; 

(b)  has  passed  the  examinations  prescribed 
under  section  16;  and 

(f)  has  paid  the  registration  fee  prescribed  by 
section  7.  R.R.O.  1970,  Reg.  233,  s.  3  (1); 
O.  Reg.  729/80,  s.  1  (1). 

(2)  The  secretary-treasurer  shall  register  as  a 
physiotherapist  any  person,  other  than  persons  re- 
ferred to  in  subsection  (1),  who  is, 

(a)  the  holder  of  a  degree  or  diploma  in 
physiotherapy  from, 

(i)  any  university  in  Canada  having  a 
course  that  includes  the  requirements 
of  section  25  and  that  is  approved  by 
the  Board, 

(ii)  the  Chartered  Society  of  Physio- 
therapy of  the  United  Kingdom,  or 

(iii)  the  diploma  program  in  physiotherapy 
established  at  Mohawk  College  of 
Applied  Arts  and  Technology-,  Ham- 
ilton, and  approved  by  the  Board;  or 

(6)  eligible  for  membership  in  the  Canadian 
Physiotherapy  Association  and  has  passed  the 
examinations  prescribed  under  section  16  or 
other  examinations  that,  in  the  opinion  of  the 
Board,  are  equivalent  thereto. 


and  pays  the  registration  fee  prescribed  in  section  7. 
O.  Reg.  729/80,  s.  1  (2). 

4. — (1)  The  registration  of  a  physiotherapist 
expires  with  the  first  Monday  in  February  in  each 
year. 

(2)  Where  a  physiotherapist  pays  the  renewal  fee 
prescribed  by  this  Regulation  on  or  before  the  date 
when  his  registration  expires,  the  secretary-treasurer 
shall  renew  his  registration  for  one  year.  R.R.O. 
1970.  Reg.  233,  s.  4. 

5. — (1)  Where  a  registered  physiotherapist  fails 
to  pay  the  renewal  fee  on  or  before  the  expiry 
date,  his  name  shall  be  struck  from  the  register, 
and  the  secretary-treasurer  shall  notify  the  physio- 
therapist by  registered  mail  addressed  to  his  latest 
address  shown  on  the  register  that  his  registration 
has  expired. 

(2)  Where  a  physiotherapist  whose  registration  has 
expired  pays  the  fee  prescribed  by  clause  7  (d),  the 
secretary-treasurer  shall  re-register  the  physio- 
therapist.    R.R.O.  1970,  Reg.  233,  s.  5. 


6.  Where  a  physiotherapist  who  ceases  to  practise 
in  Ontario, 

(a)  notifies  the  Board  during  the  registration 
year  in  which  he  ceases  to  practise  that  he 
has  ceased  to  practise ;  and 

(b)  pays  the  renewal  fee  prescribed  by  clause  7 
(c)  for  the  registration  year  in  which  he 
resumes  practise  in  Ontario, 

the  secretary-treasurer  shall  re-register  the  physio- 
therapist.    R.R.O.  1970,  Reg.  233,  s.  6. 


7.  Subject  to  sections  8  and  9,  the  fees  to  be  paid  by 
a  physiotherapist  are. 


(a)  $85  on  registration; 

(b)  $5  for  a  certificate  of  registration; 
(f )  $60  on  renewal  of  registration;  and 

(d)  $85  on  re-registration.     O.  Reg.  929/79,  s.  1. 


114 


DRUGLESS  PRACTITIONERS 


Reg.  253 


8.  The  fee  to  be  paid  on  registration  by  a 
physiotherapist  who  is  registered  by  the  secretary- 
treasurer  and  commences  to  practise  after  the  15th  day 
of  November  in  the  year  of  his  registration  is  $30. 
O.  Reg.  929/79,  s.  2.  ' 

TEMPORARY  REGISTER 

9. — (1)  The  secretary-treasurer  shall  maintain  a 
separate  page  in  the  register  for  duly  qualified 
physiotherapists  who  apply  to  register  for  a  period 
of  time  not  exceeding  six  months.  R.R.O.  1970, 
Reg.  233,  s.  10  (1). 

(2)  The  fee  to  be  paid  by  a  physiotherapist  who  is 
registered  under  this  section  is  $40.  O.  Reg.  929/79, 
s.  4. 

(3)  Notwithstanding  subsection  4  (1),  the  registra- 
tion of  a  physiotherapist  registered  under  this  section 
expires  six  months  after  the  date  of  registra- 
tion.    R.R.O.  1970,  Reg.  233,  s.  10  (3). 

DISCIPLINE 

10. — (1)  The  Board  may  appoint  an  inspector 
who,  on  the  direction  of  the  Board,  shall  investi- 
gate a  complaint  that  a  physiotherapist  has  been 
guilty  of  misconduct  or  displayed  such  ignorance  or 
incompetence  as  to  render  it  desirable  in  the  public 
interest  that  his  registration  be  cancelled  or  suspended. 

(2)  The  inspector  shall  make  a  written  report  to 
the  Board  of  every  investigation  made  by  him. 
R.R.O.  1970,  Reg.  233,  s.  11. 

11. — (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. 

(2)  Before  holding  a  hearing,  the  Board  shall  send 
by  registered  mail  to  the  physiotherapist  at  his  latest 
address  shown  on  the  register  a  notice, 

(a)  giving, 

(i)  the  details  of  the  alleged  misconduct, 
ignorance  or  incompetence,  and 

(ii)  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 
fixed  for  the  hearing. 

(4)  If  the  physiotherapist  fails  to  attend  the  hear- 
ing on  the  date  and  at  the  time  and  place 
appointed,  the  hearing  may  proceed  and  a  decision 
may  be  made  in  his  absence. 


(5)  The  hearing  shall  be  stenographically  recorded. 

(6)  At  the  hearing,  the  physiotherapist  is  entitled 
to  hear  the  evidence  against  him,  to  cross-examine 
thereon,  to  call  witnesses  in  his  behalf  and  to  present 
his  argument. 

(7)  The  physiotherapist  may  be  represented  at 
the  hearing  by  counsel  or  by  an  agent. 

(8)  Where  the  Board  decides  to  suspend  the 
registration,  the  period  of  suspension  shall  not  be 
longer  than  one  year. 

(9)  A  majority  of  the  members  of  the  Board  shall 
be  present  at  a  hearing  and  constitute  a  quorum. 

(10)  The  decision  of  a  majority  of  the  members 
of  the  Board  present  is  the  decision  of  the  Board. 


(11)  In  the  case  of  an  equality  of  votes,  the 
complaint  made  against  the  physiotherapist  shall  be 
dismissed. 

(12)  Every  decision  of  the  Board  shall  be  in 
writing,  and  notice  of  every  decision  shall  be  sent  by 
registered  mail  to  the  physiotherapist  at  his  latest 
address  shown  on  the  register  or,  where  he  is 
represented  by  counsel,  to  his  counsel.  R.R.O. 
1970,  Reg.  233,  s.  12. 

DESIGNATION 

12.  No  person  other  than  a  physiotherapist  regis- 
tered under  the  Act  shall  advertise  or  use  any  title 
or  add  any  affix  to  his  name  signifying  that  he  is 
qualified  to  practise  as  a  physiotherapist.  R.R.O. 
1970,  Reg.  233,  s.  13. 

13. — (1)  As  an  occupational  designation,  physio- 
therapists may  only  describe  themselves  as  physio- 
therapists or  registered  physiotherapists  and  may  use 
the  letters  "Reg.  Pht," 

(2)  Where  a  physiotherapist  advertises  or  uses 
the  words  "clinic",  "institute"  or  "health  service", 
he  shall  include  his  name  and  the  word  "phys- 
iotherapy" or  the  word  "physiotherapist". 

(3)  A  physiotherapist  may  describe  his  qualifi- 
cations 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  qualifications  or  occupation  in  a 
manner  that  suggests  the  qualities  or  effectiveness 
of  his  services  or  skill  other  than  in  the  manner 
set  out  in  subsections  (1),  (2)  and  (3).  R.R.O.  1970, 
Reg.  233,  s.  14. 

ALLOWANCE  FOR  THE  BOARD 

14. — (1)  Members  of  the  Board  shall  be  paid, 


Reg.  253 


DRUGLESS  PRACTITIONERS 


115 


(a)  a  per  diem  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.  1970, 
Reg.  233,  s.  15  (1). 

(2)  The  allowance  referred  to  in  subsection  (1)  is, 

(a)  an  amount  not  to  exceed  $100  a  day;  and 

(b)  the  actual  amount  spent  for  travelling  and 
living  expenses. 

(3)  The  amount  of  the  allowance  paid  under  clause 
(2)  (a)  to  each  member  shall  not  exceed  $1,200  in  any 
one  year.     O.  Reg.  922/77,  s.  3. 

(4)  The  Board  may  by  resolution  provide  for  the 
investment  of  the  surplus  revenue  of  the  Board. 
R,R.O.  1970,  Reg.  233,  s.  15  (4). 

15.  The  accounts  of  the  Board  shall  be  audited 
annually  by  a  chartered  accountant.  R.R.O.  1970, 
Reg.  233,  s.  16. 

EXAMINATIONS 

16. — (1)  The  Board  shall  prescribe  examinations 
for  the  admission  of  physiotherapists  to  practise  in 
Ontario  upon  the  subjects  prescribed  by  subsection  (2). 

(2)  The  subjects  for  examination  are, 

(a)  anatomy  and  physiology ; 

(b)  theory  of  treatment  by  massage,  manip- 
ulation and  movement ; 

(c)  electrotherapy; 

{d)  anatomy  and  surface  marking ; 

{e)  massage  and  remedial  exercises;  and 

{/)  electrotherapy  and  its  application. 

(3)  The  examination  on  the  subjects  mentioned  in, 

(a)  clauses  (2)  (a),  (b)  and  (c)  shall  be  written;  and 

(6)  clauses  (2)  (d),  (e)  and  (/)  shall  be  oral. 
R.R.O.  1970,  Reg.  233,  s.  17. 

17. — (1)  The  Board  shall  conduct  or  cause  to  be 
conducted  examinations  at  least  once  a  year. 

(2)  The  Board  shall  conduct  or  cause  to  be  con- 
ducted supplemental  examinations  within  six  months 
of  the  holding  of  the  examinations  under  subsection 
(1).     R.R.O.  1970,  Reg.  233,  s.   18. 


18. — (1)  Any  person  who, 

(a)  is  of  good  moral  character ; 

{b)  is  the  holder  of  an  Ontario  Secondary 
School  Graduation  Diploma  with  nine 
papers  of  Grade  13,  or  an  equivalent 
certificate  as  determined  by  the  Minister 
of  Health;  and 

(c)  has  graduated  from  a  school  or  college  refer- 
red to  in  section  25, 

may  apply  to  the  secretary-treasurer  as  a  candidate 
for  the  examinations. 

(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. 

(3)  The  application  shall  be  accompanied  by, 

(a)  two  letters  testifjnng  as  to  good  moral 
character ; 

(b)  an  Ontario  Secondary  School  Graduation 
Diploma  with  nine  papers  of  Grade  13  or 
an  equivalent  certificate  as  determined  by 
the  Minister  of  Health; 

(c)  a  certificate  in  Form  2  from  the  head  of  the 
teaching  staff  of  a  school  or  college  referred 
to  in  section  25  or,  if  the  applicant  is 
unable  to  produce  a  certificate  in  Form  2, 
a  statement  in  Form  3 ;  and 

(d)  the  examination  fee  prescribed  by  section  21. 

(4)  The  Board  shall  review  the  application  and,  if 
it  finds  that  the  application  complies  with  the 
provisions  of  this  Regulation,  it  shall  inform  the 
secretary-treasurer  and  the  secretary-treasurer  shall 
notify  the  candidate  of  the  date,  time  and  place 
fixed  for  the  examination.  R.R.O.  1970,  Reg.  233, 
s.  19. 

19. — (1)  A  person  who  has, 

(a)  been  notified  under  subsection  18  (4);  and 

(b)  paid  the  fee  prescribed  by  section  2 1 ,  may  try 
the  examinations. 

(2)  A  person  who  has, 

(a)  tried  the  examinations ; 

(b)  failed  in  not  more  than  one  subject;  and 

(c)  paid  the  fee  prescribed  by  section  21, 

may  try  at  a  supplemental  examination  the  subject 
in  which  he  has  failed. 

(3)  A  person. 


116 


DRUGLESS  PRACTITIONERS 


Reg.  253 


(a)  whose  native  language  is  not  English ;  and 

(b)  who, 

(i)  has  attended  courses  of  instruction 
in  physiotherapy  in  a  jurisdiction 
other  than  one  of  the  provinces  of 
Canada, 

(ii)  is  qualified  as  prescribed  by  section  25 
to  try  the  examinations, 

(iii)  has  been  notified  under  subsection  19 
(4),  and 

(iv)  has  paid  the  fee  prescribed  by  section 
21, 

may  try  the  examinations  in  two  groups  not  more 
than  six  months  apart.  R.R.O.  1970,  Reg.  233, 
s.  20. 

20.  A  candidate  for  examination  or  supplemental 
examination  shall  be  allowed, 

(a)  2^4  hours  for  each  subject  written;  and 

(b)  a  maximum  of  one  hour  for  each  oral 
examination.  R.R.O.  1970,  Reg.  233, 
s.  21. 

21.  A  candidate  referred  to  in  section  20  shall  pay  a 
fee  for  examinations  not  exceeding, 

(a)  $45  for  the  examinations ;  and 

(b)  $25   for  the   supplemental   examinations. 

R.R.O.  1970,  Reg.  233,  s.  22. 

EXAMINERS 

22. — (1)  At  least  one  month  before  the  date  of  an 
examination  or  supplemental  examination,  the 
Board  shall  appoint  sufficient  examiners,  including  a 
presiding  examiner,  to  conduct  the  examination. 

(2)  No  person  shall  be  appointed  as  a  presiding 
examiner  unless  he  is  a  member  of  the  Board  or  a 
representative  appointed  by  the  Board.  R.R.O. 
1970.  Reg.  233,  s.  23. 

23.  The  Board  shall  pay  a  presiding  examiner  or  an 
examiner, 

(a)  $15  for  each  examination  over  which  the 
examiner  presides ; 

(b)  $25  for  each  half  day  or  less  during  which 
the  examiner  conducts  oral  or  practical 
examinations ; 

(c)  an  amount  equal  to  the  amount  spent  by 
the  examiner  for  travelling  and  living 
exf)enses  while  acting  as  examiner;  and 


(d)  $3  for  each  written  examination  paper  that 
the  examiner  reads  and  marks.  R.R.O. 
1970,  Reg.  233,  s.  24. 

24. — (1)  The  Board  or  the  representatives  ap- 
pointed by  it  shall, 

(a)  prepare  the  examination  questions  for  each 
subject ;  and 

(b)  conduct  the  examination  at  the  time  set 
by  the  Board. 

(2)  No  examination  question  shall  be  submitted 
to  a  candidate  for  examination  unless  it  has  been 
approved  by  the  Board.  R.R.O.  1970,  Reg.  233, 
s.  25. 

QUALIFICATIONS    OF   APPLICANTS 
FOR    EXAMINATIONS 

25. — (1)  An  applicant  for  examination  shall  com- 
plete a  course  of  not  less  than  2,600  hours  of 
instruction  in  a  school  or  college  that  conducts  a 
course  in  physiotherapy. 

(2)  The  course  of  instruction  shall  include, 

(a)  theoretical  and  clinical  instruction  in, 

(i)  anatomy, 

(ii)  chemistry, 

(iii)  electrotherapy  and  physics, 
(iv)  first  aid, 

(v)  gymnastics  and  recreation, 
(vi)  hydrotherapy, 
(vii)  massage  and  hospital  technique, 

(viii)  medical  and  surgical  conditions, 
(ix)  physiology, 

(x)  psychology  and  psychiatry,  and 

(xi)  remedial  exercises  and  methods  of 
rehabilitation ;  and 

(b)  clinical  experience  and  training  of  not  less 
than  1 ,000  hours  under  the  supervision  of  a 
physiotherapist  in  a  public  hospital  ap>- 
proved  under  the  Public  Hospitals  Act. 

(3)  The  course  of  instruction  in  anatomy  shall  not 
be  less  than  250  hours  and  shall  include  dissection 
performed  or  caused  to  be  performed  by  the  in- 
structor and  the  use  of  cadavers  or  parts  thereof 
prepared  by  the  instructor.  R.R.O.  1970,  Reg. 
233,  s.  26. 


Reg.  253 


DRUGLESS  PRACTITIONERS 


117 


1^"  orm    1 

Drugless  Practitioners  Act 

APPLICATION  FOR  REGISTRATION  AS  A 
PHYSIOTHERAPIST  BY  EXAMINATION 

To :  The  Secretary-Treasurer, 

Board  of  Directors  of  Physiotherapy. 

I, 

(name) 


(address) 

apply  for  registration  as  a  physiotherapist  and  in 
support  submit  the  following  information : 


1.  Date  and  place  of  birth: 

2.  Address: 


(post  office)  (province) 

3.  My  preliminary  education  comprised : 


4.  I  graduated  from  the. 
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  following  optional  courses : 


Date. 


.dayof . 


,19. 


(signature  of  applicant) 
R.R.O.  1970,  Reg.  233,  Form  1. 

Form  2 

Dnigless  Practitioners  Act 

CERTIFICATE  OF  EDUCATION  IN 
PHYSIOTHERAPY 


I 

(name) 

head  of  the  teaching  staff  of . 


(school  or  college) 


hereby  certify  that . 


(name  of  graduate) 
has  successfully  completed  the  course  in  physiother- 
apy at  


Date. 


(school  or  college) 
day  of . . . 


,19.. 


(signature) 
R.R.O.  1970,  Reg.  233,  Form  2. 

Form  3 

Drugless  Practitioners  Act 
STATEMENT  OF  QUALIFICATIONS 

I 

of  the of 

in  the of 

state  that : 


1 .  I  am  an  applicant  for  examination  for  registration 
as  a  physiotherapist. 

2.  I  am  unable  to  obtain  and  produce  the  Certificate 
of  Education  in  Physiotherapy  in  Form  2  for 
the  following  reasons : 


3.  I  attended  and  successfully  completed  a  course 
in  physiotherapy,  which  course  included  all  of 
the  matters  set  out  in  section  25  of  Regulation  253 
of  Revised  Regulations  of  Ontario,  1980  for 
Physiotherapists.   This  course  was  attended  by 


me  at, 


and  I  successfully  completed  the  course  in  the 

year  19. .  . .  and  obtained  a  diploma  or  degree 
as  evidence  thereof. 


Dated  at this . 


.  day  of . 


,19.. 


(signature  of  applicant) 
R.R.O.  1970,  Reg.  233,  Form  3. 


Reg.  254 


EDIBLE  OIL  PRODUCTS 


119 


REGULATION  254 

under  the  Edible  Oil  Products  Act 


GENERAL 

1.  In  this  Regulation,  "designated  product"  means 
an  edible  oil  product  designated  under  section  2. 
R.R.O.  1970,  Reg.  234,  s.  1. 


DESIGNATED    PRODUCTS 

2.  Products  that, 

(a)  do  not  contain  a  dairy  product ;  and 

{b)  are  manufactured  by  any  means  by  which 
fat  or  oil,  other  than  that  of  milk,  has 
been  processed  or  mixed  or  blended  with 
one  or  more  other  ingredients  so  that  the 
resultant  product  is  an  imitation  of,  or 
resembles,  any  dairy  product, 

are  designated  edible  oil  products  to  which  the  Act 
applies.     R.R.O.  1970,  Reg.  234,  s.  2. 


3. — (1)  Every  person  who  manufactures  desig- 
nated products  is  required  to  be  the  holder  of  a 
licence  in  Form  2  in  respect  of  each  location  at 
which  he  manufactures  designated  products. 

(2)  An  application  for  a  licence  to  manufacture 
designated  products  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  location  at  which  designated  prod- 
ucts are  manufactured  and  shall  accompany  the 
application  for  the  licence.  R.R.O.  1970,  Reg.  234, 
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.   1970,  Reg.  234,  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.  1970, 
Reg.  234,  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. 

(4)  Where  the  name  or  trade-name  of  a  designated 
product  appears  in  an  advertisement  respecting,  or 
on  the  label  of  a  container  of,  a  designated  product, 
the  words  "an  edible  oil  product"  shall, 

(a)  immediately  follow  the  name  or  trade-name ; 
and 

(b)  be  in  letters  not  smaller  than  those  in  the 
name  or  trade-name. 

(5)  Every  container  of  a  designated  product  shall 
have  legibly  displayed  thereon  the  percentage  of  each 
ingredient. 

(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  relation  to  any  dairy  prod- 
uct.    R.R.O.  1970,  Reg.  234,  s.  7. 


7. — (1)  Every  manufacturer  of  a  designated  product 
shall  keep  records  showing, 

(a)  the  ingredients  and  the  amounts  thereof 
used  in  the  manufacture  of  the  designated 
product ; 


120 


EDIBLE  OIL  PRODUCTS 


Reg.  254 


(b)  the  quantities  of  the  designated  product 
that  he  has  manufactured,  sold  and  retained 
in  storage ;  and 

(c)  the  names  and  addresses  of  all  persons  to 
whom  he  has  sold  the  designated  product. 

(2)  Every  wholesaler  of  a  designated  product  shall 
keep  records  showing, 

(a)  the  quantities  of  the  designated  product  in 
storage  and  sold ;  and 

{b)  the  names  and  addresses  of  persons  to  whom 
he  has  sold  the  designated  product. 

(3)  Every  manufacturer  or  wholesaler  shall  main- 
tain 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.  1970,  Reg.  234,  s.  8. 

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 

(6)  conveyances  being  used  for  transport  or 
delivery  of, 

(i)  a  designated  product,  and 

(ii)  edible  oil  products  used  in  the 
manufacturing  of  a  designated  prod- 
uct. 

(2)  In  making  an  inspection  an  inspector  may 
examine, 

(a)  apparatus  and  equipment  used  in  the  manu- 
facturing and  packaging  of  a  designated 
product ; 

(6)  materials  or  substances  used  in  the  manu- 
facturing and  packaging  of  a  designated 
product ;  and 

(f)  records  kept  under  subsection  7  (1)  or 
(2).     R.R.O.  1970,  Reg  234,  s.  9. 

9. — (1)  An  inspector  may  obtain  samples  of  a 
designated  product  in  quantities  sufficient  for  having 
an  analysis  made. 

(2)  Where  an  inspector  obtains  a  sample  of  a 
designated  product,  he  shall, 

(a)  make  a  report  in  Form  S  to  the  chief  inspec- 
tor; and 

(b)  deliver  a  copy  of  the  report  to  the  person 
in  charge  of  the  premises. 


(3)  Where  an  analyst  makes  an  analysis  of  the 
sample  obtained  by  an  inspector  of  a  designated 
product,  he  shall  make  a  report  to  the  chief  inspector 
in  Form  6.     R.R.O.  1970,  Reg.  234,  s.   10,  revised. 

DETENTION  OF  EDIBLE  OIL  PRODUCTS 

10. — (1)  Where  an  inspector  finds  an  edible  oil 
product  that  he  has  reasonable  grounds  to  suspect 
does  not  comply  with  the  Act  and  this  Regulation, 
he  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  manu- 
facturer of  the  edible  oil  product ;  or 

(b)  by  an  analyst,  including  the  time  required 
for  the  issuance  of  his  report. 

(2)  Where  an  insjjector  finds  after  analysis  an 
edible  oil  product  that  does  not  comply  with  the 
Act  and  this  Regulation,  he  may  place  the  edible  oil 
product  under  detention.  R.R.O.  1970,  Reg.  234, 
s.   11. 


11.  Where  an  inspector  has  placed  an  edible  oil 
product  under  detention  he  shall  attach  to  the  con- 
tainer 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  inspec- 
tor.     R.R.O.   1970,  Reg.  234,  s.   12. 


12.  Where  an  inspector  is  satisfied  that  an  edible 
oil  product,  container  or  package  of  containers  that 
has  been  placed  under  detention  complies  with  the 
Act  and  this  Regulation,  he  may  release  the  edible 
oil  product,  container  or  package  of  containers  from 
detention  by  removing  the  detention  tag.  R.R.O. 
1970,  Reg.  234,  s.   13. 


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  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 


Reg.  254 


EDIBLE  OIL  PRODUCTS 


121 


(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  confis- 
cated, 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.  1970,  Reg.  234,  s.  14. 


F  orm   1 

Edible  Oil  Products  Act 

APPLICATION  FOR  LICENCE  TO 
MANUFACTURE  DESIGNATED  PRODUCTS 

To:  The  Chief  Inspector, 

Edible  Oil  Products  Act, 
Ministry  of  Agriculture  and  Food, 
Legislative  Buildings, 
Toronto,  Ontario. 


(name  of  applicant) 


(address) 

applies  for  a  licence  to  manufacture  designated  prod- 
ucts under  Ihe  Edible  Oil  Products  Act  and  the  regula- 
tions, 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.  Business  address 

3.  Name  of  manufacturing  plant 

4.  Address  of  manufacturing  plant 

5.  Name  of  manager  of  plant  (if  any) 

6.  Name  or  trade-name  of  each  designated  product 

7.  Ingredients   and   percentages   thereof  of  each 

desit^nated  product 

8.  The    licence    fee    of    $500    accompanies    this 
application. 


(signature  of  applicant) 
R.R.O.  1970,  Reg.  234,  Form  1. 


bOrm  2 

Edible  Oil  Products  Act 

Year No 

MANUFACTURER'S  LICENCE 

Under  the  Edible  Oil  Products  Act,  and  the  regula- 
tions, and  subject  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  Toroqte,  the day  of , 

19.... 


Chief  Inspector 
R.R.O.  1970,  Reg.  234,  Form  2. 


Form  3 

Edible  Oil  Products  Act 

APPLICATION   FOR   LICENCE   TO   SELL   BY 
WHOLESALE  DESIGNATED  PRODUCTS 

To:  The  Chief  Inspector, 

Edible  Oil  Products  Act, 
Ministry  of  Agriculture  and  P'ood, 
Legislative  Buildings, 
Toronto,  Ontario. 


(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) 


122 


EDIBLE  OIL  PRODUCTS 


Reg.  254 


2.  Address  of  head  office 

3.  Name  of  manager 

4.  Business  address 

5.  Name  or  trade-name  of  each  designated  product 

6.  Ingredients   and   f)ercentages   thereof  of   each 
designated  product 


(signature  of  applicant) 


By. 


(title  of  official  signing  if 
a  partnership  or  corpwration) 

R.R.O.   1970,  Reg.  234,  Form  i. 
Form  4 


Edible  Oil  Products  Act 


Year. 


No. 


WHOLESALER'S  LICENCE 

Under  the  Edible  Oil  Products  Act,  and  the  regula- 
tions, and  subject  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.  1970,  Reg.  234,  Form  4. 

Form  5 

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 

8.  Quantity  in  sample 

9.  Price  paid  for  sample 

10.  Identification   mark   on   label   of  container  of 

sample 

1 1 .  Manufacturer 

12.  Was  detention  effected? If  so,  amount 

under  detention 

13.  Detention  Tag  No 


Date. 


(signature  of  inspector) 
R.R.O.  1970,  Reg.  234,  Form  5. 

Form  6 

Edible  Oil  Products  Act 

REPORT  OF  ANALYST  TO  THE 
CHIEF  INSPECTOR 

1.  Date  and  time  of  receipt  of  sample 

2.  Condition  of  sample  when  received 

3.  Name  of  manufacturer  or  trade-name  on  label  of 
container  of  designated  product 

4.  Quantity  in  sample 

5.  From  whom  received 

(name  and  address) 


Reg.  254 


EDIBLE  OIL  PRODUCTS 


123 


6.  Identification   mark   on   label   of  container  of 
sample 

7.  Date  of  analysis  of  sample 

RESULTS   OF    EXAMINATION    AND    ANALYSIS 

1.  I  found  the  sample  has  the  following  com- 
ponent parts  and  percentages  thereof:  i.  Refined  oils 
of  animal,  fish,  marine-animal  or  vegetable,  origin 

or  any  combination  thereof per  cent, 

ii.   Water per  cent,   and  iii.  Other  parts 

and  percentages  

2.  I  found  by  analysis  of  the  designated  product  in 

the  sample  the  following  values :  i.  Iodine  value 

ii.    Index  of  refraction iii.   Saponification 

value iv.  Reichert-Meisal  value 

V.    Polenske    value vi.    Kirschner    value 

vii.  Acid  value 


I  certify  that  the  sample  is . 
human  consumption. 


(fit  or  unfit) 


.for 


Date. 


(signature  of  analyst) 
R.R.O.  1970,  Reg.  234,  Form  6. 

Form  7 

Edible  Oil  Products  Act 

EDIBLE  OIL  PRODUCT  UNDER  DETENTION 

Detention  Tag  No 

Under  the  Edible  Oil  Products  Act,  and  the  regula- 
tions, I  have  placed  under  detention*  the  edible  oil 
product  in  the  container  or  package  of  containers  to 
which  this  tag  is  attached. 


Date. 


(signature  of  inspector) 


^Section  11  of  Regulation  254  of  Revised  Regulations 
of  Ontario,  1980  reads  as  follows: 

Where  an  inspector  has  placed  an  edible  oil  product 
under  detention  he  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 
authoritN  of  an  inspector  or  of  the  chief  inspec- 
tor.    R.R.O.  1970,  Reg.  234,  Form  7. 


Reg.  255 


EDUCATION 


125 


REGULATION  255 


under  the  Education  Act 


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.     O.  Reg.  708/76,  s.  1. 

2. — (1)  The  amount  that  a  board  shall  place  in  a 
reserve  under  subsection  210  (2)  of  the  Act  shall  be 
calculated  by, 

(a)  determining  the  excess  of, 

(i)  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  em- 
ployees, or  any  of  them,  that  occurs 
in  such  year, 

over, 

(ii)  the  expenditures  incurred  in  such 
year  by  the  board  that,  in  the 
opinion  of  the  Minister,  are  attribu- 
table to  the  strike  or  lock-out; 
and 

(6)  subtracting  from  such  excess  the  product 
of  the  percentage  rate  of  grant  for  the 
board  in  respect  of  recognized  ordinary 
expenditure,  determined  under  the  Regu- 
lation governing  the  payment  of  legislative 
grants  for  such  year,  and  the  reduction 
in  the  recognized  ordinary  expenditure 
for  such  year,  as  defined  in  such  Regu- 
lation, in  respect  of  the  board,  that 
results  from  such  strike  or  lock-out. 

(2)  The  amount  that,  under  clause  210  (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 
adoption  of  the  estimates, 
and 

(B)  that  is  excluded  from  the  esti- 
mates of  the  board. 


over. 


(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  lock- 
out ;  and 

(b)  subtracting  from  such  excess  the  product 
of  the  percentage  rate  of  grant  for  the  board 
in  resf)ect  of  recognized  ordinary  expendi- 
ture, 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.  O.  Reg.  708/76,  s.  2, 
part. 

3. — (1)  In  this  section, 

(a)  "area  municipality"  means  an  area  m\inici- 
pality  as  defined  in  the  Municipality  of  Met- 
ropolitan Toronto  Act\ 

(b)  "board"  means  a  board  of  education  of  an 
area  municipality ; 

(c)  "School  Board"  means  The  Metrof>olitan 
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  subsection  211  (2)  of  the  Act, 
shall  be  calculated  by, 

(a)  determining  the  excess  of. 


126 


EDUCATION 


Reg.  255 


(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  opinion  of 
the  Minister,  are  attributable  to  the 
strike  or  lock-out ;  and 

(h)  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  ex- 
penditure 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  211  (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  b> , 

(a)  determining  the  excess  of, 

(i)  the  amount  of  money. 


(A)  that  would  normally  be  |)aid 

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  estimates,  and 

(B)  tiiat  is  excluded  from  the  esti- 
mates of  the  School  Boarfl, 


(ii)  the  total  of  the  expenditures  in- 
curred by  the  boards  and  the  School 
Board  in  such  year  prior  to  the 
adoption  of  the  estimates  that,  in 
the  opinion  of  the  Minister,  are 
attributable  to  such  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  ex- 
penditure for  such  year,  as  defined  in  such 
Regulation,  in  respect  of  the  School  Board, 
that  results  from  such  strike  or  lock-out. 
O.  Reji.  708/76,  s.  3,  part. 


Reg.  256 


EDUCATION 


127 


REGULATION  256 


under  the  Kducation  Act 


r 


CALCULATION  OF  AVERAGE 
DAILY  ENROLMENT 

1.  In  this  Regulation, 

(a)  "cycle"  means  the  number  of  school  days 
for  which  the  schedule  of  classes  in  a  school 
continues  before  such  schedule  is  repeated; 

(ft)  "full-time  pupil"  means  a  pupil  who  is  enrol- 
led in  (lay  school  other  than  in  junior  kinder- 
garten or  kindergarten  and  who.  in  respect  of 
a  cycle,  is  registered  for  an  average  of  more 
than  150  minutes  per  school  day; 

(r)  "half-time  pupil"  means  a  pupil  who  is  enrol- 
led in  junior  kindergarten  or  kindergarten  and 
who.  in  respect  of  a  c>cle,  is  registered  for  an 
average  of  at  least  1 50  minutes  per  school  day; 

(d)  "part-time  pupil"  means  a  pupil  who  is 
enrolled  in  day  school  and  is  neither  a 
full-time  pupil  nor  a  half-time  pupil. 
O.  Reg.  863/76.  s.  1;  O.  Reg.  64/78.  s.  1;  O. 
Reg.  231/80.  s.  1. 

2.  Average  daily  enrolment  for  a  year  shall  be 
calculated  by  adding, 

(a)  the  product  of  0.3  and  the  sum  of, 

(i)  the  number  of  full-time  pupils  en- 
rolled on  the  last  school  day  in 
January  and  0.5  times  the  number 
of  half-time  pupils  enrolled  on  such 
day, 

(ii)  the  quotient  obtained  by  determin- 
ing, for  each  part-time  pupil  en- 
rolled on  the  last  school  day  in 
January,  the  number  of  minutes 
for  which  such  pupil  is  registered 
in  the  cycle  that  includes  such  day 
and  dividing  the  sum  of  the  num- 
bers so  determined  by  the  product 
of  300  and  the  number  of  days  in 
such  cycle. 


(iii)  the  number  of  full-time  pupils  en- 
rolled on  the  last  school  day  in 
April  and  0.5  times  the  number  of 
half-time  pupils  enrolled  on  such 
day,  and 

(iv)  the  quotient  obtained  by  determin- 
ing, for  each  part-time  pupil  en- 
rolled on  the  last  school  day  in 
April,  the  number  of  minutes  for 
which  such  pupil  is  registered  in 
the  cycle  that  includes  such  day  and 
dividing  the  sum  of  the  numbers  so 
determined  by  the  product  of  300 
and  the  number  of  days  in  such 
cycle ; 

(b)  the  product  of  0.4  and  the  sum  of, 

(i)  the  number  of  full-time  pupils  en- 
rolled on  the  last  school  day  in 
September  and  0.5  times  the  number 
of  half-time  pupils  enrolled  on  such 
day,  and 

(ii)  the  quotient  obtained  by  determin- 
ing, for  each  part-time  pupil  en- 
rolled on  the  last  school  day  in 
September,  the  number  of  minutes 
for  which  such  pupil  is  registered 
in  the  cycle  that  includes  such  day 
and  dividing  the  sum  of  the  num- 
bers so  determined  by  the  product 
of  300  and  the  number  of  days  in 
such  cycle ;  and 

(t)  the  quotient  obtained  by  determining,  for 
each  pupil  who  is  enrolled  in  a  summer 
school  or  evening  class,  the  product  of  the 
number  of  sessions  for  which  the  pupil  is 
enrolled  and  the  number  of  minutes  in  each 
session  for  which  he  is  enrolled  and 
dividing  the  sum  of  the  products  so 
determined  by  the  product  of  300  and  the 
number  of  school  days  in  the  year.  O.  Reg. 
863/76,  s.  2. 


Reg.  257 


EDUCATION 


129 


REGULATION  257 


under  the  Education  Act 


I 


COUNTY  COMBINED 
SEPARATE  SCHOOL  ZONES 

1.  The  following  areas  are  designated  as  areas  in 
which  the  separate  school  zones  whose  centres  are 
within  the  areas  are  united  to  form  county  combined 
separate  school  zones : 

1.  The  County  of  Brant,  designated  as 
"Brant". 

2.  The  County  of  Elgin,  designated  as 
"Elgin". 

3.  The  County  of  Essex  excluding  the  City  of 
Windsor,  designated  as  "Essex". 

4.  The  Regional  Municipality  of  Halton, 
designated  as  ' '  Halton  " . 

5.  The  County  of  Kent,  designated  as  "Kent". 

6.  The  County  of  Lambton,  designated  as 
"Lambton". 

7 .  That  portion  of  The  Regional  Municipality  of 
Niagara  that  was  formerly  the  County  of 
Lincoln,  designated  as  "Lincoln". 

8.  The  County  of  Middlesex,  designated  as 
"London  and  Middlesex". 

9.  The  Regional  Municipality  of  Durham 
except  the  Town  of  Newcastle,  designated 
as  "Durham  Region". 

10.  The  County  of  Oxford,  designated  as 
"Oxford". 

1 1 .  The  County  of  Renfrew,  designated  as 
"Renfrew". 

12.  The  County  of  Simcoe  and  the  Baxter  Ward 
of  the  Township  of  Georgian  Bay  in  The 
District  Municipality  of  Muskoka,  desig- 
nated as  "Simcoe". 

13.  The  Regional  Municipality  of  Waterloo, 
designated  as  "Waterloo". 

14.  That  portion  of  The  Regional  Municipality  of 
Niagara  that  was  formerly  the  County  of 
Welland,  designated  as  "Welland". 


15.  The  County  of  Wellington,  designated  as 
"Wellington". 

16.  The  Regional  Municipality  of  Hamilton- 
Wentworth,  designated  as  "Hamilton- 
Went  worth". 

17.  The  Regional  Municipality  of  York,  desig- 
nated as  "York  Region": 

1 8.  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,  designated  as  "Frontenac- 
Lennox  and  Addington". 

23.  The  Regional  Municipality  of  Haldimand- 
Norfolk,  designated  as  "Haldimand-Nor- 
folk". 

24.  The  counties  of  Hastings  and  Prince  Edward 
and  the  Township  of  Airy  and  the  geo- 
graphic townships  of  Dickens,  Lyell,  Mur- 
chison  "and  Sabine  in  the  Territorial  Dis- 
trict of  Nipissing,  designated  as  "Hastings- 
Prince  Edward". 

25.  The  counties  of  Huron  and  Perth,  desig- 
nated as  "Huron-Perth". 

26.  The  County  of  Lanark  and  the  United 
Counties  of  Leeds  and  Grenville,  designated 
as  "Lanark-Leeds  and  Grenville". 

27.  The  counties  of  Northumberland,  Peter- 
borough and  Victoria  and  the  Town  of 
Newcastle,  designated  as "  Peterborough- 
Victoria-Northumberland  and  Newcastle". 
R.R.O.  1970,  Reg.  797,  s.  1 ;  O.  Reg.  16/72, 
s.  1 ;  O.  Reg.  442/72,  s.  1 ;  O.  Reg.  232/73, 
s.  1 ;  O.  Reg.  85/74,  s.  1 ;  O.  Reg.  222/74, 
s.  1 ;  O.  Reg.  629/74,  s.  1. 


Reg.  258 


EDUCATION 


131 


REGULATION  258 


under  the  Education  Act 


DESIGNATION  OF  SCHOOL  DIVISIONS 
IN  TERRITORIAL  DISTRICTS 

1. — (1)  The  area  in  the  territorial  districts  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  the  Schedule.  R.R.O.  1970, 
Reg.  793,  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 
Aberdeen  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.     O.  Reg.  394/71,  s.  1. 

2.  The  Central  Algoma  Board  of  Education. 
R.R.O.  1970,  Reg.  793,  Sched.  1,  par.  2. 


Schedule  2 

1.  In  the  Territorial  District  of  Algoma,  being  the 
Township  of  Wicksteed. 

2,  The  Hornepavne  Board  of  Education.     R.R.O. 
1970.  Reg.  793.  Sched.  2  :  O,  Reg.  354/72,  s.  1. 


Schedule  3 

1.   In  the  Territorial  District  of  Algoma,  being, 

i.  the   townships  of  Michipicoten  and   White 
River,  and 


ii.  the  geographic  townships  of  Esquega  and 
Fiddler. 

2.  The  Michipicoten  Board  of  Education.  R.R.O. 
1970,  Reg.  793,  Sched.  3;  O.  Reg.  354/72,  s.  2; 
O.  Reg.  959/75,  s.  1;  O.  Reg.  789/79,  s.  1. 


Schedule  4 

1.  In  the  Territorial  District  of  Algoma,  being, 

i.  the  towns  of  Blind  River  and  Elliot  Lake, 

ii.  the  Village  of  Iron  Bridge, 

iii.  the  Township  of  Day  and  Bright  Addi- 
tional, 

iv.  the  townships  of  the  North  Shore  and 
Thomjjson, 

V.  the  geographic  townships  of  Bright,  Cob- 
den,  Gladstone,  Grasett,  Jogues,  Juillette, 
Kamichisitit,  Mack,  Montgomery,  Nouvel, 
Parkinson,  Patton,  Scarfe,  Timmermans 
and  the  portion  of  the  geographic  town- 
ship of  Striker  not  included  in  the  Town- 
ship of  the  North  Shore,  and 

vi.  all  the  islands  in  the  North  Channel  of 
Lake  Huron  lying  south  of  the  geographic 
townships  of  Bright,  Cobden  and  the  por- 
tion of  Striker  that  is  not  part  of  the 
Township  of  the  North  Shore. 

2.  The  North  Shore  Board  of  Education.  R.R.O. 
1970,  Reg.  793,  Sched.  4;  O.  Reg.  354/72,  s.  3; 
O.  Reg.  250/73,  s.  1 ;  O.  Reg.  39/75,  s.  1 ;  O.  Reg. 
959/75,  s.  2;  O.  Reg.  830/76,  s.  1 ;  O.  Reg.  925/78, 
s.  1. 


Schedule  5 

1.   In  the  Territorial  District  of  Algoma,  being, 

i.  the  City  of  Sault  Ste.  Marie, 

ii.  the  Township  of  Prince, 

iii.  the  geographic  townships  of  Archibald, 
Aweres,  Dennis,  Deroche,  Fenwick,  Fisher, 
Gaudette,  Havilland,  Herrick,  Hodgins, 
Hopie,  Jarvis,  Kars,  Kincaid,  Ley,  Peever, 
Pennefather,  Rix,  Ryan,  Shields,  Slater, 
Tilley,  Topper  and  VanKoughnet,  and 


132 


EDUCATION 


Reg.  258 


iv.  the  mining  locations  known  as  Montreal 
Mining  Southern  Location,  Montreal  Min- 
ing Northern  Location,  A.  McDonnell 
Mining  Location,  Kincaid  Mining  Loca- 
tions 5,  6,  7  and  8  and  Rankin  Mining 
Location. 

2.  The  Sault  Ste.  Marie  Board  of  Education. 
R.R.O.  1970,  Reg.  793,  Sched.  5 ;  O.  Reg.  959/75,  s.  3; 
O.  Reg.  254/78,  s.  1. 


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  Glackmeyer,  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  and  Teefy. 

2.  The  Cochrane-Iroquois  Falls  Board  of  Educa- 
tion. R.R.O.  1970,  Reg.  793,  Sched.  6;  O.  Reg. 
354/72,  s.  4;  O.  Reg.  431/72,  s.  1 ;  O.  Reg.  250/73, 
s.  2;0.  Reg.  39/75,  s.  2. 

Schedule  7 

1 .  In  the  Territorial  District  of, 
i.  Cochrane,  being, 

A.  the  Town  of  Hearst, 

B.  the  Township  of  Eilber  and  Devitt, 
and 

C.  the  geographic  townships  of  Barker, 
Casgrain,  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.  R.R.O.  1970, 
Reg.  793,  Sched.  7;  O.  Reg.  431/72,  s.  2;  O.  Reg. 
152/76,  s.  1. 

Schedule  8 

1.   In  the  Territorial  District  of  Cochrane,  being, 

i.  the  towns  of  Kapuskasing  and  Smooth 
Rock  Falls, 

ii.  the  Township  of  Fauquier, 


iii.  the  Township  of  Owens,  Williamson  and 
Idington, 

iv.   the  Township  of  Shackleton  and  Machin, 

V.   the  Improvement  District  of  Opasatika, 

vi.  the  geographic  townships  of  Haggart, 
McCowan  and  O'Brien,  and 

vii.  the  portion  of  the  geographic  Township  of 
Owens  that  is  not  in  the  Township  of  Owens, 
Williamson  and  Idington. 

2.  The  Kapuskasing  Board  of  Education.  R.R.O. 
1970,  Reg.  793,  Sched.  8;  O.  Reg.  234/73,  s.  1; 
O.  Reg.  959/75,  s.  4;  O.  Reg.  878/76,  s.  2;  O.  Reg. 
584/77,  s.  2;  O.  Reg.  822/80,  s.  1;  O.  Reg.  1058/80,  s.  1. 

Schedule  9 

1.  In  the  Territorial  District  of  Cochrane,  being 
the  City  of  Timmins. 

2.  The  Timmins  Board  of  Education.  R.R.O. 
1970,  Reg.  793,  Sched.  9;  O.  Reg.  431/72,  s.  4; 
O.  Reg.  250/73,  s.  3;  O.  Reg.  39/75,  s.  3. 

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  Aubrey,  Brit- 
ton,  Drayton,  Eton,  Hartman,  Ilsley,  Jor- 
dan, Ladysmith,  Melgund,  Mutrie,  Redvers, 
Rowell,  Rugby,  Southworth,  Van  Home, 
Vermilion,  Vermilion  Additional,  Wabi- 
goon,  Wainwright  and  Zealand,  and 

iv.  that  portion  of  Block  10  lying  south  of  the 
production  easterly  and  westerly  of  the  most 
northerly  limit  of  the  geographic  Township 
of  Drayton. 

2.  The  Dryden  Board  of  Education.  R.R.O. 
1970,  Reg.  793,  Sched.  10;  O.  Reg.  354/72.  s.  6; 
O.  Reg.  254/78,  s.  2. 

Schedule  11 

1.   In  the  Territorial  District  of  Kenora,  being, 

i.  the  towns  of  Keewatin  and  Kenora, 

ii.  the  Township  of  Jaffray  and  Melick, 

iii.  the  Improvement  District  of  Sioux  Nar- 
rows, 


Reg.  258 


EDUCATION 


133 


s 


iv.  the  geographic  townships  of  Boys,  Kirkup, 
Pellatt  and  Redditt, 

V.  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  2.5  miles  measured  east  astro- 
nomically from  the  northeast  corner  of 
the  said  station  house;  thence  north  astro- 
nomically 2.5  miles;  thence  west  astronom- 
ically 5  miles;  thence  south  astronomical- 
ly 5  miles;  thence  east  astronomically 
5  miles;  thence  north  astronomically  2.5 
miles  to  the  point  of  commencement,  and 

vi.  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  geo- 
graphic township  of  Boys  to  the  southwest 
corner  of  the  geographic  township  of  Kirk- 
up and  south  of  the  southerly  boundaries 
of  the  geographic  townships  of  Boys  and 
Pellatt,  the  towns  of  Keewatin  and  Kenora 
and  the  Township  of  Jaffray  and  Melick. 

2.  The  Kenora  Board  of  Education.  R.R.O. 
1970.  Reg.  793.  Sched.  1 1  ;  O.  Reg.  354/72,  s.  7. 

Schedule  12 

1.  In  the  Territorial  District  of  Kenora,  being, 

i.  the  townships  of  Ear  Falls  and  Red  Lake, 

ii.  the  Improvement  District  of  Balmertown, 

iii.  the  geographic  townships  of  Baird.  Dome 
and  Heyson, 

iv.  all  lands  within  an  area  four  miles  in 
width  and  lying  on  both  sides  of  the  centre 
line  of  tertiary  road  Number  804  and 
within  two  miles  of  the  said  centre  line 
measured  at  right  angles  thereto,  and  not 
in  the  Township  of  Ear  Falls,  and 

V.  all  lands  within  an  area  four  miles  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  two  miles  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  inter- 
section with  the  southerly  limit  of  the 
Township  of  Red  Lake,  and  not  in  the 
Township  of  Ear  Falls  or  referred  to  in 
subparagraph  iv. 

2.  The  Red  Lake  Board  of  Education.  R.R.O. 
1970,  Reg.  793,  Sched.  12;  O.  Reg.  250/73,  s.  4; 
O  Reg.  499/76,  s.  1. 


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.  R.R.O. 
1970,  Reg.  793,  Sched.  13. 

Schedule  14 

1.  In  The  District  Municipality  of  Muskoka, 
being  all  of  The  District  Municipality  of  Muskoka 
except  the  F'reeman  Ward  of  the  area  municipality 
of  the  Township  of  Georgian  Bay. 

2.  The  Muskoka  Board  of  Education.  R.R.O. 
1970,  Reg.  793,  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,  Beaucage,  Boyd,  Clarkson,  Com- 
manda,  Crerar,  Deacon,  Eddy,  Falconer, 
French,  Gibbons,  Hugel,  Jocko,  Kirk- 
patrick,  Lauder,  Loudon,  Lyman,  Mac- 
pherson,  Pedley,  Pentland,  Phelps,  Poitras 
and  Wyse. 

2.  The  Nipissing  Board  of  Education.  R.R.O. 
1970,  Reg.  793,  Sched.  15;  O.  Reg.  354/72.  s.  8; 
O.  Reg.  39/75,  s.  4. 


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, 
McConkey,  Wilson,  Mills  and 
Pringle, 


134 


EDUCATION 


Reg.  258 


D.  the  Township  School  Area  of  Kear- 
ney, Bethune  and  Proudfoot, 

E.  the  Township  School  Area  of 
Laurier, 

F.  the  Township  School  Area  of  Mag- 
netawan, 

G.  the  Township  School  Area  of  McMur- 
rich, 

H.  the  Township  School  Area  of  Nipis- 
sing, 

I.  that  part  of  the  Township  School  Area 
of  North  Himsworth  and  East  F"erris, 
lying  within  the  Township  of  North 
Himsworth, 

J.  the  Township  School  Area  of  South 
Himsworth, 

K.   the  Township  School  Area  of  Perry, 

L.  the  Township  School  Area  of  South 
River, 

M.  the  Township  School  Area  of  Sund- 
ridge, 

N.  School  Section  No.  3,  in  the  geo- 
graphic townships  of  Bethune  and 
Proudfoot, 

O.  School  Section  No.  2,  in  the  geo- 
graphic 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  Chisholm. 

2.  The  East  Parry  Sound  Board  of  Education. 
R.R.O.  1970,  Reg.  793,  Sched.  16. 


Schedule  17 


1.  In, 


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,     Georgian     Bay     North 


Archipelago,  Georgian  Bay  South 
Archipelago,  Hagerman,  Humphrey, 
McDougall  and  McKellar, 

D.  the  geographic  townships  of  Blair, 
Brown,  Burton,  East  Burpee,  Fergu- 
son, Ferrie,  Henvey,  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  town- 
ships of  Harrison  and  Shawanaga 
that  are  not  in  the  Township  of  Geor- 
gian Bay  North  Archipelago,  and 

ii.  The  District  Municipality  of  Muskoka,  being 
the  Freeman  Ward  of  the  area  municipality 
of  the  Township  of  Georgian  Bay. 

2.   The    West    Parry    Sound    Board    of    F>duca- 
tion.     R.R.O.    1970,   Reg.   793,  Sched.    17;  O.   Reg. 

71/80,  s.  24. 


Schedule  18 

1.  In   the   Territorial   District   of   Rainy   River, 
being, 

i.   the  Township  of  Atikokan, 

ii.  the  geographic  townships  of  Asmussen, 
Baker,  Bennett,  Hutchinson,  McCaul, 
Tanner  and  Trottier, 

iii.  all  the  lands  in  unsurveyed  territory  de- 
scribed as  follows:  Commencing  at  the 
southwest  corner  of  the  geographic  township 
of  Bennett,  thence  south  astronomically 
6  miles;  thence  east  astronomically  to  a 
point  distant  6  miles  measured  south 
astronomically  from  the  southeast  corner 
of  the  geographic  township  of  Baker; 
thence  north  astronomically  6  miles  more 
or  less  to  the  southeast  corner  of  the 
geographic  township  of  Baker;  thence 
west  astronomically  to  the  point  of  com- 
mencement, and 

iv.  all  the  lands  in  unsurveyed  territory  des- 
cribed as  follows:  Commencing  at  the 
southwest  corner  of  the  geographic  town- 
ship of  McCaul ;  thence  south  astronomical- 
ly 6  miles;  thence  east  astronomically  to 
a  point  distant  6  miles  measured  south 
astronomically  from  the  southeast  corner 
of  the  geographic  township  of  Trottier; 
thence  north  astronomically  6  miles  more 
or  less  to  the  southeast  corner  of  the 
geographic   township  of   Trottier;   thence 


Reg.  258 


EDUCATION 


135 


» 


west  astronomically  to  the  point  of  com- 
mencement. 

2.  The  Atikokan   Board  of  Education.     R.R.O. 
1970,  Reg.  793.  Sched.  18;  O.  Reg.  354/72,  s.  9. 


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  Val- 
lee,  Morley,  Morson  and  Worth- 
ington, 

C.  the  Township  of  McCrosson  and 
To  veil, 

D.  the  Improvement  District  of  Kingsford, 

E.  the  geographic  townships  of  Claxton, 
Dance,  Dewart,  Menary,  Mis- 
campbell,  Nelles,  Pratt,  Sifton,  Spohn 
and  Sutherland, 

F.  the  Wild  Land  Reserve,  and 
ii.  Kenora,  being, 

A.  the  geographic  township  of  Phillips, 
and  the  west  half  of  the  geographic 
township  of  Godson, 

B.  ail  lands  lying  between  the  geo- 
graphic townships  of  Croome  and 
Phillips  described  as  follows.  Com- 
mencing at  the  northwest  corner 
of  the  geographic  township  of 
Croome ;  thence  north  astronomical- 
ly to  the  southwest  corner  of  the 
geographic  township  of  PhilHps; 
thence  east  along  the  southerly 
boundary  of  that  geographic  town- 
ship to  the  southeast  corner  thereof; 
thence  south  astronomically  to  the 
northeast  corner  of  the  geographic 
township  of  Croome,  thence  west 
along  the  northerly  boundary  of 
that  geographic  township  to  the 
point  of  commencement, 

C.  the  area  bounded  by  the  easterly 
boundary  of  the  geographic  town- 
ship of  Phillips,  the  northerly  bound- 
ary of  the  geographic  township  of 
Godson  and  the  southerly  shore  of 
Kakagi  Lake. 


2.  The  Fort  Frances-Rainy  River  Board  of  Edu- 
cation. R.R.O.  1970,  Reg.  793.  Sched.  19;  O.  Reg. 
354/72,  s.  10. 

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,  Genier, 
Halsey,  Kaplan  and  Panet. 

2.  The  Chapleau  Board  of  Education.  R.R.O. 
1970.  Reg.  793.  Sched.  20;  O.  Reg.  354/72,  s.  11; 
O.  Reg.  959/75,  s.  5. 

Schedule  21 

1 .  In  the  Territorial  District  of  Sudbury,  being. 

i.  the  towns  of  Espanola,  Massey  and  Webb- 
wood, 

ii.  the  townships  of  Baldwin,  Nairn  and  The 
Spanish  River, 

iii.  the  geographic  townships  of  Curtin,  Foster, 
McKinnon,  Merritt,  Mongowin  and  Shake- 
speare, and 

iv.  the  portion  of  the  geographic  township  of 
Hyman  that  is  not  part  of  the  Town  of  Wal- 
den. 

2.  The  Espanola  Board  of  Education.  R.R.O. 
1970,  Reg.  793,  Sched.  21;  O.  Reg.  431/72,  s.  5; 
O.  Reg.  250/73,  s.  5;  O.  Reg.  959/75,  s.  6. 

Schedule  22 

1.  In  the  Territorial  District  of  Sudbury,  being, 

i.  the  City  of  Sudbur\', 

ii.  the  towns  of  Capreol,  Nickel  Centre,  Ona- 
ping  Falls,  Rayside- Balfour,  Valley  East  and 
Walden, 

iii.  The  Township  of  Casimir,  Jennings  and 
Appleby, 

iv.  the  Township  of  Cosby,  Mason  and  Mart- 
land, 

V.  the  Township  of  Hagar, 

vi.  the  Township  of  Ratter  and  Dunnet, 

vii.  the  geographic  townships  of  Allen,  Awrey, 
Bigwood,    Burwash,    Cartier,    Cascaden, 


136 


EDUCATION 


Reg.  258 


Cherriman,  Cleland,  Cox,  Davis,  Delamere, 
Foy,  Haddo,  Hart,  Harty,  Hawley,  Hendrie, 
Henry,  Hess,  Hoskin,  Janes,  Laura,  Lough- 
rin,  Moncrieff,  Scaddinj;,  ScoUard,  Secord, 
Servos  and  Street, 

viii.  the  portions  of  the  geofjraphic  townships  of 
Dill,  Eden  and  Tilton  that  are  not  part  of  the 
City  of  Sudbury, 

ix.  the  portion  of  the  geographic  township  of 
Dryden  that  is  not  part  of  the  Town  of  Nickel 
Centre,  and 

X.  the  portion  of  the  geographic  township  of 
Trill  that  is  not  part  of  the  Town  of  Walden. 

2.  The  Sudbury  Board  of  Education.  R.R.O. 
1970,  Reg.  793,  Sched.  22;  O.  Reg.  431/72,  s.  6; 
O.  Reg.  250/73,5.6(1,2). 


Schedule  23 

1.  In  the  Territorial  District  of  Thunder  Bay, 
being, 

i.  the  Town  of  Geraldton, 

ii.  the  townships  of  Beardmore  and  Longlac, 

iii.  the  geographic  townships  of  Ashmore, 
Errington,  Houck,  Leduc  and  Oakes. 

2.  The  Geraldton  Board  of  Education.  R.R.O. 
1970.  Reg.  793,  Sched.  23;  O.  Reg.  354/72,  s.  12; 
O.  Reg.  830/76,  s.  2. 

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'Connor,  Oliver,  Paipoonge  and  Shuniah, 

iii.  the  geographic  townships  of  Blackwell, 
Conacher,  Devon,  Forbes,  Fraleigh,  Goldie, 
Golding,  Gorham,  Hagey,  Laurie,  Lismore, 
Lybster,  Marks,  Michener,  Pearson,  Rob- 
son,  Scoble,  Sibley,  Strange  and  Ware,  and 

iv.  the  Dawson  Road  Lots, 

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  (sometimes 
known  as  the  Matawin  River). 


2.  The  Lakehead  Board  of  Education.  R.R.O. 
1970,  Reg.  793,  Sched.  24;  O.  Reg.  354/72,  s.  13; 
O.  Reg.  963/80,  s.  1. 

Schedule  25 

1.  In  the  Territorial  District  of  Thunder  Bay, 
being, 

i.  the  townships  of  Manitouwadge,  Marathon, 
Schreiber  and  Terrace  Bay,  and 

ii.  the    geographic    townships    of    Coldwell, 
Lahontan,  Pic  and  Syine. 

2.  The  Lake  Superior  Board  of  Education. 
R.R.O.  1970,  Reg.  793,  Sched.  25;  O.  Reg.  354/72, 
s.  14;0.  Reg.  959/75,  s.  7. 


Schedule  26 

1.  In   the   Territorial    District   of   Thunder   Bay, 

being, 

i.  the  townships  of  Dorion  and  Nipigon, 

ii.   the  Township  of  Red  Rock, 

iii.  lots  1  to  11  in  concessions  4  to  11  in  the 
geographic  township  of  Lyon,  and 

iv.  concessions  1  and  2  and  lots  1  to  6  in  con- 
cessions 3  and  4  in  the  geographic  township 
of  Stirling. 

2.  The  Nipigon-Red  Rock  Board  of  Education 
R.R.O,  1970,  Reg.  793,  Sched.  26;  O.  Reg.  354/72. 
s.  15;  O.  Reg.  822/80,  s.  2. 


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,  Cole- 
man, Dack,  Dymond,  Evanturel, 
Harley,  Harris,  Hilliard,  Hudson, 
James  and  Kerns, 

D.  the  geographic  townships  of  Barber, 
Bayly,  Beauchamp,  Bryce.  Cane. 
Firstbrook.  Gillies  Limit.  Haultain, 
Henwood,  Ingram,  Lorrain.  Lundy, 
Marter,  Milner,  Nicol,  Pense,  Robil- 


Reg.  258 


EDUCATION 


137 


lard,   Savard,   Sharpe,   South   Lor- 
rain,  Truax  and  Tudhope, 

E.  concessions  1  and  2  in  the  geographic 
townships  of  Catharine,  Marquis  and 
Pacaud,  and 

ii.  Nipissing,  being, 

A.  the  Township  of  Temagami,  and 

B.  the  geographic  townships  of  Askin, 
Best,  Briggs,  Cassels,  Chambers, 
Gladman,  Joan,  Kenny,  Law,  McCal- 
lum,  McLaren,  Milne,  Olive,  Phyllis, 
Riddell,  Sisk,  Thistle,  Torrington 
and  Yates. 

2.  The  Timiskaming  Board  of  Education.  R.R.O. 
1970,  Reg.  793.  Sched.  27;  O.  Reg.  354/72,  s.  16; 
O.  Reg.  254/78,  s.  3. 


Schedule  28 

1.   In  the  Territorial  District  of. 


i.  Timiskaming,  being, 

A.  the  Town  of  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  geo- 
graphic townships  of  Catharine, 
Marquis  and  Pacaud,  and 

ii.  Cochrane,  being  the  portion  of  the  geo- 
graphic township  of  Benoit  that  is  not  part 
of  the  Township  of  Black  River- Matheson. 

2.  The  Kirkland  Lake  Board  of  Education. 
R.R.O.  1970,  Reg.  793,  Sched.  28;  O.  Reg.  354/72, 
s.  17;  O.  Reg.  431/72,  s.  7;  O.  Reg.  39/75,  s.  5; 
O.  Reg.  609/76,  s.  1. 


Reg.  259 


EDUCATION 


139 


REGULATION  259 


under  the  Education  Act 


DISTRICT  COMBINED  SEPARATE 
SCHOOL  ZONES 

1.  The  municipalities,  geographic  townshijjs  and 
separate  school  zones  referred  to  in  paragraph  1  of 
each  Schedule  are  designated  as  an  area  in  which  the 
separate  school  zones  whose  centres  are  within  the 
area  are  united  to  form  a  district  combined  separate 
school  zone.     R.R.O.  1970,  Reg.  798,  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  the  Schedule.  R.R.O. 
1970,  Reg.  798,  s.  2. 

Schedule  1 

1.  In  the  Territorial  District  of  Kenora,  being 
the  towns  of  Keewatin  and  Kenora,  the  Town- 
ship of  Jaffray  and  Melick,  and  the  Improvement 
District  of  Sioux  Narrows. 


2.   Kenora    District. 
Sched.  1. 


R.R.O.     1970,    Reg.    798, 


Schedule  2 

1.  In  the  Territorial  District  of  Kenora,  being 
the  towns  of  Dryden  and  Sioux  Lookout,  the 
Township  of  Barclay,  and  the  geographic  townships 
of  Melgund,  Southworth  and  Zealand. 

2.  Dryden  District.  R.R.O.  1970,  Reg.  798, 
Sched.  2;  O.  Reg.  743/73,  s.  1 ;  O.  Reg.  156/78,  s.  1 ; 
O.  Reg.  890/78,  s.  1. 

Schedule  3 

1.  In  the  Territorial  District  of  Rainy  River,  being 
the  towns  of  Fort  Frances  and  Rainy  River,  and  the 
townships  of  Alberton,  Dilke,  Emo,  La  Vallee  and 
Motley. 

2.  Fort  Frances-Rainy  River  District.  R.R.O. 
1970,  Reg.  798,  Sched.  3;  O.  Reg.  686/78,  s.  1; 
O.  Reg.  497/80,  s.  1. 

Schedule  4 

1.  In  the  Territorial  District  of  Thunder  Bay, 
being  the  City  of  Thunder  Bay,  and  the  townships 
of  Neebing,  Oliver,  Paipoonge  and  Shuniah. 

2.  Lakehead  District.  R.R.O.  1970,  Reg.  798. 
Sched.  4;  O.  Reg.  17/72,  s.  1 ;  O.  Reg.  37/74,  s.  1. 


Schedule  5 


1.  In  the  Territorial  District  of  Thunder  Bay, 
being  the  Town  of  Geraldton,  the  townships  of 
Beardmore  and  Longlac,  the  geographic  townships 
of  Ashmore,  Daley,  Errington  and  Leduc,  and  the 
Roman  Catholic  Separate  School  Zone  No.  1, 
Theresa,  in  unsurveyed  territory. 

2.  Geraldton  District.  R.R.O.  1970,  Reg.  798, 
Sched.  7;  O.  Reg.  134/77,  s.  1. 

Schedule  6 

1.  In  the  Territorial  District  of  Algoma,  being, 

i.  the  City  of  Sault  Ste.  Marie, 

ii.  the  Township  of  Macdonald,  Meredith  and 
Aberdeen  Additional, 

iii.  the  Township  of  Tarbutt  and  Tarbutt  Addi- 
tional, 

iv.  the  townships  of  Johnson,  Laird  and' Prince, 
and 

V.  the  geographic  townships  of  Archibald, 
Aweres,  Dennis,  Deroche,  Fenwick,  Fisher, 
Gaudette,  Havilland,  Herrick,  Hodgins, 
Kars,  Ley,  Pennefather,  Shields,  Tilley, 
Tupper  and  VanKoughnet. 

2.  Sault  Ste.  Marie  District.  R.R.O.  1970,  Reg. 
798,  Sched.  8;  O.  Reg.  432/72,  s.  1 ;  O.  Reg.  630/74, 
s.  1;  O.  Reg.  156/78,  s.  2;  O.  Reg.  14/80,  s.  I. 

Schedule  7 

1 .  In  the  Territorial  District  of  Algoma,  being  the 
townships  of  Michipicoten  and  White  River  and  the 
geographic  townships  of  Esquega  and  Fiddler. 

2.  Michipicoten  District.  R.R.O.  1970,  Reg.  798, 
Sched.  9.     O.  Reg.  27/76,  s.  1;  O.  Reg.  790/79,  s.  1. 

Schedule  8 

1 .  In  the  Territorial  District  of, 

i.  Algoma,  being  the  towns  of  Blind  River 
and  Elliot  Lake,  the  Village  of  Iron  Bridge, 
the  Township  of  Day  and  Bright  Addi- 
tional, the  Township  of  the  North  Shore, 
the  geographic  township  of  Cobden  and  the 
portion  of  the  geographic  township  of 
Striker  that  is  not  part  of  the  Township 
of  the  North  Shore, 


140 


EDUCATION 


Reg.  259 


ii.  Sudbury,  being  the  towns  of  Espanola, 
Massey  and  Webbwood,  the  townships  of 
Baldwin,  Nairn  and  The  Spanish  River 
and  the  geographic  townships  of  Curtin, 
Merritt  and  Mongowin,  and 

iii.  Manitoulin,     being     the    Town     of     Little 
Current. 

2.  North  Shore  District.  R.R.O.  1970,  Reg.  798, 
Schedule  10;  O.  Reg.  249/73,  s.  1 ;  O.  Reg.  743/73, 
s.  2 ;  O.  Reg.  27/76.  s.  2 ;  O.  Reg.  828/76,  s.  2 ;  O.  Reg. 
910/78,  s.  1. 

Schedule  9 

1.  In  the  Territorial  District  of, 

i.   Sudbury,  being, 

A.  the  City  of  Sudbury, 

B.  the  towns  of  Capreol,  Nickel  Centre, 
Onaping  Falls,  Rayside-Balfour, 
Valley  East  and  Walden, 

C.  the  Township  of  Casimir,  Jennings 
and  Appleby, 

D.  the  Township  of  Cosby,  Mason  and 
Martland, 

E.  the  Township  of  Hagar, 

F.  the  Township  of  Ratter  and  Dunnett, 

G.  the  geographic  townships  of  Allen, 
Awrey,  Bigwood,  Burwash,  Cartier, 
Cascaden,  Cherriman,  Cleland,  Cox, 
Davis,  Delamere,  Foy,  Haddo,  Hart, 
Harty,  Hawley,  Hendrie,  Henry, 
Hess,  Hoskin,  Janes,  Laura,  Lough- 
rin,  Moncrieff,  Scadding,  Scollard, 
Secord,  Servos  and  Street, 

H.  the  portions  of  the  geographic 
townships  of  Dill,  Eden  and  Tilton 
that  are  not  part  of  the  City  of  Sud- 
bury, 

L  the  portion  of  the  geographic 
township  of  Dryden  that  is  not  part  of 
the  Town  of  Nickel  Centre,  and 

J.  the  portions  of  the  geographic 
townships  of  Hyman  and  Trill  that 
are  not  part  of  the  Town  of  Walden, 

ii.  ManitouHn,  being  the  Township  of  Ruther- 
ford and  George  Island,  and 

iii.  Parry  Sound,  being  the  geographic  township 
of  Henvey. 

2.  Sudbury  District.  R.R.O.  1970,  Reg.  798, 
Sched.  11;  O.  Reg.  56/71,  s.  1;  O.  Reg.  452/72, 
s.  1;0.  Reg.  249/73,  s.  2(1,2). 


Schedule   10 

1.  In  the  Territorial  District  of  Sudbury,  being  the 
township  of  Chapleau  and  the  geographic  town.ships  of 
Caverley,  Chapleau,  Eisenhower,  Gallagher,  Genier 
and  Panel. 

2.  Chapleau  District.     O.  Reg.  748/80,  s.  1. 

Schedule   11 

1.  In  the  Territorial  District  of, 

i.  Nipissing,  being  the  City  of  North  Bay, 
the  towns  of  Cache  Bay,  Mattawa  and 
Sturgeon  Falls,  the  Improvement  District 
of  Cameron,  the  townships  of  Bonfield, 
Caldwell,  Calvin,  Chisholm,  East  Ferris, 
Field,  Mattawan,  Papineau  and  Springer, 
and  the  geographic  townships  of  Badgerow, 
Beaucage,  Clarkson,  Crerar,  Falconer, 
Gibbons,  Grant,  Hugel,  Kirkpatrick, 
Loudon,  Lyman,  Macpherson,  Pedley, 
Pentland,  Phelps  and  Poitras,  and 

ii.  Parry  Sound,  being  the  townships  of 
Nipissing,  North  Himsworth  and  South 
Himsworth. 

2.  Nipissing  District.  R.R.O.  1970,  Reg.  798, 
Sched.  12;  O.  Reg.  432/72,  s.  3;  O.  Reg.  65/75,  s.  1. 

Schedule   12 

1.  In  the  Territorial  District  of  Timiskaming, 
being  the  towns  of  Colbalt ,  Haileybury ,  Latchford  and 
New  Liskeard,  the  Village  of  Thornloe,  the  townships 
of  Armstrong,  Brethour,  Casey,  Coleman,  Dymond, 
Evanturel,  Harley,  Harris,  Hilliard,  Hudson,  James 
and  Kerns  and  the  geographic  townships  of  Beau- 
champ,  Cane,  Firstbrook  and  Henwood. 

2.  Timiskaming  District.  R.R.O.  1970,  Reg.  798, 
Sched.  13;  O.  Reg.  678/75,  s.  2. 

Schedule   13 

1.  In  the  Territorial  District  of  Timiskaming, 
being  the  towns  of  Charlton,  Englehart  and  Kirk- 
land  Lake,  the  improvement  districts  of  Gauthier 
and  Matachewan,  the  townships  of  Chamberlain, 
Larder  Lake  and  McGarry  and  the  geographic 
townships  of  Boston,  Grenfell,  Lebel,  Maisonville 
and  Otto. 

2.  Kirkland  Lake  District.  R.R.O.  1970,  Reg. 
798,  Sched.  14;  O.  Reg.  432/72,  s.  5;  O.  Reg. 
249/73,  s.  4;  O.  Reg.  471/76,  s.  1. 

Schedule   14 

1.   In  the  Territorial  District  of  Cochrane,  being, 
i.  the  towns  of  Cochrane  and  Iroquois  Falls, 


Reg.  259 


EDUCATION 


141 


ii.  the   townships   of   Black    River-Matheson 
and  Glackmeyer,  and 

iii.  the  geographic  townships  of  Brower,  Cal- 
der,  Clute,  Fox,  Lamarche,  Newmarket 
and  Pyne. 

2.  Cochrane-Iroquois  Falls  District.  R.R.O. 

1970,  Reg.  798.  Sched.  15;  O.  Reg.  65/75,  s.  2;  O. 
Reg.  156/78,  s.  3. 

Schedule  15 

1.   In  the  Territorial  District'of  Cochrane, being, 

i.  the    towns   of    Kapuskasing   and   Smooth 
Rock  Falls, 

ii.  the  Township  of  Fauquier, 

iii.  the  Township  of  Owens,  Williamson  and 
Idington, 

iv.  the  Township  of  Shackleton  and  Machin, 

V.  the  Improvement  District  of  Opasatika, 

vi.  the  geographic  townships  of  Haggart, 
Nansen  and  O'Brien,  and 


vii.  the  portion  of  the  geographic  Township  of 
Owens  not  included  in  the  Township  of 
Owens,  Williamson  and  Idington. 

2.  Kapuskasing  District.  R.R.O.  1970,  Reg.  798, 
Sched.  16;  O.  Reg.  233/73,  s.  1 ;  O.  Reg.  65/75,  s.  s'; 
O.  Reg.  608/76,  s.  1;  O.  Reg.  823/80,  s.  1. 


Schedule   16 

1.  In  the  Territorial  District  of  Cochrane,  being  the 
Town  of  Hearst,  the  Township  of  Eilber  and  Devitt, 
and  the  geographic  townships  of  Casgrain,  Hanlan, 
Kendall,  Lowther,  Stoddard,  Studholme  and  Way. 

2.  Hearst  District.  R.R.O.  1970,  Reg.  798,  Sched. 
17;  O.Reg.  153/76,  s.  3. 

Schedule   17 

1.  In  the  Territorial  District  of  Cochrane,  being 
the  City  of  Timmins. 

2.  Timmins  District.  R.R.O.  1970,  Reg.  798, 
Sched.  18;  O.  Reg.  452/72,  s.  3;  O.  Reg.  65/75,  s.  4. 


Reg.  260 


EDUCATION 


143 


REGULATION  260 


under  the  Education  Act 


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  Air>  and  Sabine  Dis- 
trict School  Area.     O.  Reg.  842/79.  s.  1. 

THE  COLLI.NS  DISTRICT  SCHOOL  AREA 

2.  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  astronomically  trom  mile 
board  2 1  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  astronomicalh 
from  the  said  mile  board;  on  the  south  by  a  line  drawn 
due  east  and  west  astronomically  through  a  point  dis- 
tant one  half-mile  due  south  astronomically  from  the 
said  mile  board;  and  on  the  west  by  a  line  drawn  due 
north  and  south  astronomicall>'  through  a  point  distant 
one  half-mile  due  west  astronomically  from  the  said 
mile  board.     O.  Reg.  582/79,  s.  1. 

THE  CONNELL  AND  PONSFORD  DISTRICT 
SCHOOL  AREA 

3.  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.     O.  Reg.  652/80,  s.  1,  part. 

THE  LONG  DOG  DISTRICT  SCHOOL  AREA 

4.  The  lands  de.scribed  in  the  following  Schedule 
are  formed  into  a  district  school  area  to  be  known  as 
The  Long  Dog  District  School  Area: 

Schedule 

AH  and  singular  that  tract  of  land  situate  in  the 
Patricia  Portion  of  the  Territorial  District  of  Kenora, 
more  particularly  described  as  follows: 


The  area  enclosed  by  the  circle  having  a  radius  of  3.2 
kilometres  scribed  by  using  the  point  of  intersection  of 
the  co-ordinates  of  latitude  53°  30'  North  and  lon- 
gitude 89°  11'  West  as  centre.     O.  Reg.  747/80,  s.  1. 

THE  MCCULLAGH  DISTRICT  SCHOOL  AREA 

5.  The  portion  of  The  Connell  and  Ponsford  Dis- 
trict School  Area  that  is  in  the  geographic  Township  of 
McCullagh  in  the  Patricia  Portion  of  the  Territorial 
District  of  Kenora,  being  all  that  portion  of  such  dis- 
trict school  area  that  is  not  in  the  Improvement  Dis- 
trict of  Pickle  Lake,  is  detached  from  The  Connell  and 
Ponsford  District  School  Area  and  formed  into  The 
McCullagh  District  School  Area.  O.  Reg.  652/80, 
s.  1,  part. 

THE  MOOSE  FACTORY  ISLAND  DISTRICT 
SCHOOL  AREA 

6.  The  lands  described  in  the  following  Schedule 
are  formed  into  a  district  school  area  to  be  known  as 
The  Moose  Factory  Island  District  School  Area: 

Schedule 

The  area  in  the  Territorial  District  of  Cochrane  con- 
sisting 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  Xo.  68,  except  Indian  Reserve  No.  1 
on  Moose  Factory  Island.     O.  Reg.  70/80,  s.  1. 

THE  MOOSONEE  DISTRICT  SCHOOL  AREA 

7.  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 
composed  of  islands  and  parts  of  islands  in 
the  Moose  River.     O.  Reg.  867/76,  s.  1. 

THE  NORTHERN  DISTRICT  SCHOOL  AREA 

8.  The  Allanwater  District  School  Area,  The 
Armstrong  District  School  Area,  The  Auden  District 
School  Area,  The  P'erland  District  School  Area  and 
The  Savant  Lake  District  School  Area  are  combined 
into  one  district  school  area  to  be  known  as  The 
Northern  District  School  Area.     O.  Reg.  232/80,  s.  1. 


144 


EDUCATION 


Reg.  260 


THE  SLATE  FALLS  DISTRICT  SCHOOL  AREA 

9.  The  lands  described  in  the  following  Schedule 
are  formed  into  a  district  school  area  to  be  known  as 
The  Slate  Falls  District  School  Area.  O.  Reg.  722/76, 
s.  1. 

Schedule 

All  and  singular  that  tract  of  land  situate  in  the 
Patricia  Portion  of  the  Territorial  District  of  Kenora, 
more  particularly  described  as  follows: 

Beginning  at  the  place  of  intersection  of  the  Ninth 
Base  Line  and  the  Fourth  Meridian;  thence  easterly 
along  the  Ninth  Base  Line  a  distance  of  six  miles  to  a 
point;  thence  northerly  and  parallel  to  the  Fourth 
Meridian  a  distance  of  six  miles  to  a  point;  thence 
westerly  and  parallel  to  the  Ninth  Base  Line  to  a  point 
in  the  Fourth  Meridian;  thence  southerly  along  the 
Fourth  Meridian  to  the  place  of  beginning.  O.  Reg. 
722/76,  Sched. 

THE  STURGEON  LAKE  DISTRICT  SCHOOL  AREA 

10.  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  centre  line  extending  from  the  easterly  bound- 
ary of  the  Township  of  Ignace  northeasterly  a  distance 
of  forty-five  miles.  O.  Reg.  956/76,  s.  1;  O.  Reg. 
911/77,  s.  1. 


THE  SUMMER  BEAVER  DISTRICT  SCHOOL  AREA 

11.  The  lands  described  in  the  following  Schedule 
are  formed  into  a  district  school  area  to  be  known  as 
The  Summer  Beaver  District  School  Area.     O.  Reg. 

721/76,  s.  1. 


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.     O.  Reg.  721/76,  Sched. 


Reg.  261 


EDUCATION 


145 


REGULATION  261 


under  the  Education  Act 


EARLY  SCHOOL-LEAVING 
1,  In  this  Regulation, 

(a)  "child"  means  a  person  of  compulsory 
school  age .  who  has  attained  the  age  of 
fourteen  years ; 

{b)  "committee"  means  a  committee  estab- 
lished under  section  2 ; 

(c)  "parent"  includes  guardian ; 

(d)  "pupil"  means  a  child  for  whom  a  program 
has  been  prescribed  under  subsection  3 
(4).     O.  Reg.  159/75,  s.  1. 

2. — (1)  A  board  shall  establish  a  committee  for 
the  purposes  of  this  Regulation  and  designate  the 
secretary  thereof. 

(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  quorum  of  a  com- 
mittee shall  consist  of, 

(a)  a  chairman  who  shall  be  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  appro- 
priate provincial  supervisory  officer  for 
the  area  in  which  the  board  has  juris- 
diction ;  and 

(c)  at  least  one  person,  in  addition  to  those  refer- 
red to  in  clauses  (a)  and  (b).  O.  Reg.  159/75, 
s.  2. 

3. — (1)  A  parent  of  a  child  may  apply  in  writing 
to  the  principal  of  the  school  that  the  child  attends 
or  has  a  right  to  attend  to  have  the  child  excused 
from  attendance,  and  the  parent  shall  state  in  the 
application  why  he  considers  that  the  child  should 
be  so  excused. 

(2)  Where  an  application  is  made  under  sub- 
section (1),  the  principal  shall  forthwith  forward  the 
application  to  the  secretary  of  the  committee,  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,  the  guidance  counsellor  and 
any  other  teacher  of  the  school  that  the  child 
attends  or  has  a  right  to  attend,  and  the  school 
attendance  counsellor,  to  report  to  the  committee 


upon  the  child  in  respect  of  whom  the  application 
is  made  and  to  make  recommendations  in  respect 
of  the  application. 

(3)  The  committee  shall,  after  interviewing  the 
child,  his  parent  and,  where  the  committee  con- 
siders it  appropriate,  any  other  person,  determine 
that  the  child  shall, 

(a)  attend  school  as  required  by  subsection  20  (1) 
of  the  Act; 

(b)  attend  school  on  a  part-time  basis  in  a 
program  prescribed  by  the  committee ;  or 

(c)  be  excused  from  attendance  at  school  if  he 
conforms  to  a  program  prescribed  by  the 
committee. 

(4)  Where  the  parent  of  the  child  concurs  with  a 
determination  under  clause  3  (6)  or  (c),  the  committee 
shall  prescribe  a  program  for  the  child,  involving  con- 
tinuing studies  or  other  activity  or  both,  directed 
toward  the  child's  needs  and  interests,  and  the  secre- 
tary of  the  committee  shall  notify  in  writing  the  school 
attendance  counsellor,  the  principal  of  the  school  and 
the  child  and  his  parents  of  the  action  taken  by  the 
committee  and,  where  the  parent  does  not  concur  with 
such  determination,  the  child  shall  continue  to  attend 
school. 

(5)  A  pupil  shall  conform  to  the  program  as  pre- 
scribed for  him  by  the  committee  under  subsection  (4) 
or  as  altered  under  section  6  and  is  excused  from 
attendance  at  school  as  determined  by  the  committee 
only  so  long  as  he  does  so. 

(6)  A  pupil  who  is  excused  from  attendance  at 
school  as  determined  by  the  committee  under  subsec- 
tion (3)  shall  be  included  as  a  full-time  pupil  in  the 
enrolment  of, 

(a)  the  school  that  he  attends  on  a  part-time 
basis ;  or 

{b)  subject  to  section  10,  the  school  that  he 
would  attend  if  he  were  not  excused  from 
full-time  and  part-time  attendance  at 
school, 

until  he  is  no  longer  of  compulsory  school  age. 
O.  Reg.  159/75,  s.  3. 

4. — (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. 


146 


EDUCATION 


Reg.  261 


(2)  The  principal  and  school  attendance  counsellor 
shall,  in  addition  to  any  other  reports  required  of 
them,  report  to  the  committee  from  time  to  time  as 
required  by  the  committee  regarding  the  progress 
of  a  pupil,  and  they  are  entitled  to  require  and 
obtain  from  the  parent  and  from  any  person 
associated  with  the  conduct  of  the  program  pre- 
scribed for  the  pupil  such  information  in  respect  of 
the  progress  of  the  pupil  as  they  require  for  their 
reports.     O.  Reg.  159/75,  s.  4. 

5.  The  parent  of  a  child  may  examine  the  reports 
and  recommendations  in  respect  of  the  child  made 
under  subsection  3  (2),  and  the  parent  of  a  pupil  may 
examine  a  report  in  respect  of  the  pupil  under  subsec- 
tion 4  (2).     O.  Reg.  159/75,  s.  5. 


6. — (1)  Where  a  parent  of  a  pupil  wishes  to  alter 
the  program  prescribed  for  the  pupil  by  the  com- 
mittee, the  parent  may  apply  in  writing  to  the 
secretary  of  the  committee  for  approval  of  such 
alteration  by  the  committee. 

(2)  Pursuant  to  the  application  of  a  parent  under 
subsection  (1)  or  to  a  report  under  subsection  4  (2),  the 
committee  may,  after  discussion  of  the  application  or 
the  report  with  the  pupil  and  his  parent,  alter  the  pro- 
gram of  the  pupil  and  shall  notify  in  writing  the  school 
attendance  counsellor,  the  principal  of  the  school,  the 
child  and  his  parent  of  any  such  alteration.  O.  Reg. 
159/75,  s.  6. 

7.  A  board  shall  transmit  to  the  provincial  school 
attendance  counsellor  on  or  before  the  31st  day  of 
July  in  each  year  a  report  summarizing  the  activities 
of  its  committee  for  the  preceding  school  year  and 
shall  set  out  therein  the  number  of  pupils  who  during 
such  school  year, 

(a)  were  excused  from  attendance  at  school ; 

(b)  were  required  to  attend  school  on  a  part- 
time  basis  only ;  and 

(c)  returned  to  full-time  attendance  at  school. 
O.  Reg.  159/75,  s.  7. 

8.  Where  a  pupil  and  his  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  was  included  under 
sub.section  3  (6),  and  the  board  for  the  school  section  or 
separate  school  zone  or  secondary  school  district  in 
respect  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  atten- 
dance at  a  school  operated  by  the  last-mentioned 
board,  and  the  committee  shall  make  the  determina- 
tion in  accordance  with  subsections  3  (2)  and  (3)  and 
may  prescribe  a  program  for  the  pupil  in  accordance 
with  subsection  3  (4),  and  for  such  purpose  the  com- 
mittee shall  have  access  to  all  reports,  recommenda- 
tions and  submissions  made  to  the  committee  of  a 
board  that  previously  prescribed  a  program  for  the 
pupil.     O.  Reg.   159/75,  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  the  payment  of  a  fee.  O.  Reg.  159/75, 
s.  9. 


10.  Where  a  pupil  has  ceased  to  reside  within 
the  area  of  jurisdiction  of  the  board  under  which 
the  program  for  the  pupil  was  prescribed  and  the 
pupil  is  not  qualified  to  be  a  resident  pupil  of  the 
board  in  whose  area  of  jurisdiction  he  has  taken 
up  residence,  the  pupil  is  not  excused  from  attend- 
ance at  school  unless  he  continues  to  conform  to  the 
program  that  was  prescribed  for  him  and,  where  the 
pupil  continues  in  the  program,  he  shall  do  so 
without  the  payment  of  a  fee  and  shall  remain 
enrolled  as  a  full-time  pupil  of  the  school  where  he 
was  enrolled  immediately  before  his  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  principal  and  school  attendance 
counsellor  who  makes  the  reports  to  the  committee 
under  subsection  4  (2)  as  that  principal  or  school  atten- 
dance counsellor  may  require.     O.Reg.  159/75,  s.  10. 


Reg.  262 


EDUCATION 


147 


REGULATION  262 


under  the  Education  Act 


ELEMENTARY  AND  SECONDARY  SCHOOLS 

AND  SCHOOLS  FOR  TRAINABLE 

RETARDED  CHILDREN— GENERAL 

1.  In  this  Regulation, 

(a)  "business  studies"  means  the  courses  in 
general  studies  that  are  developed  from 
curriculum  guidelines  listed  under  the 
heading  "Business  Studies"  in  circular 
H.S.I,  issued  by  the  Ministry; 

(b)  "department"  means  an  organizational 
unit  of  a  secondary  school  in  which  three 
or  more  teachers,  under  the  direction  and 
supervision  of  one  of  them,  teach  courses 
in  one  or  more  subjects  or  in  an  area  of 
study  for  the  equivalent  of  the  full  time  of 
at  least  two  teachers  for  a  school  year ; 

(c)  "division"  means  the  primary  division, 
the  junior  division,  the  intermediate  divi- 
sion or  the  senior  division ; 

(d)  "French  as  a  second  language"  includes 
programs  for  English  speaking  pupils  in 
which  French  is  the  language  of  instruc- 
tion; 

(e)  "general  studies"  means  the  courses  de- 
veloped from  curriculum  guidelines  that 
are  issued  by  the  Minister  for  the  inter- 
mediate division  and  senior  division  and 
hsted  under  a  heading  other  than  "Tech- 
nological Studies"  in  circular  H.S.I,  issued 
by  the  Ministry ; 

(/)  "individual  psychological  examination  or 
test"  means  an  examination  or  test  of  a 
pupil's  intelligence  or  personality  adminis- 
tered to  one  pupil  by  an  examiner ; 

(g)  "parent"  includes  guardian; 

(A)  "technological  studies"  means  the  courses 
developed  from  curriculum  guidehnes  that 
are  issued  by  the  Minister  for  the  inter- 
mediate division  and  senior  division  and 
hsted  under  the  heading  "Technological 
Studies"  in  circular  H.S.I,  issued  by  the 
Ministry.     O.  Reg.  704/78,  s.  1. 

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  legis- 
lative grant  in  respect  of  capital  cost  that  the 
plans  and  details  referred  to  in  subsection  (1)  be 
approved  by  the  Minister.     O.  Reg.  704/78,  s.  2. 

DAILY  SESSIONS 

3. — (1)  Subject  to  subsection  (2),  the  school  day 
for  pupils  shall  consist  of  not  less  than  five  hours 
including  a  recess  or  interval  but  not  including  the 
lunch  break. 

(2)  A  board  may  reduce  the  length  of  the  school 
day  for  pupils  in  junior  kindergarten,  kindergarten 
and  special  education  programs. 

(3)  The  lunch  break  for  pupils  and  teachers  shall 
be  not  less  than  forty  minutes. 

(4)  There  shall  be  a  morning  recess  and  an 
afternoon  recess,  each  of  which  shall  be  from  ten  to 
fifteen  minutes  in  length,  for  pupils  in  the  primary 
division  and  the  junior  division. 

(5)  In  the  intermediate  division  and  the  senior 
division,  a  principal  may,  subject  to  the  approval 
of  his  board,  provide  for  recesses  or  intervals  for 
pupils  between  periods. 

(6)  Unless  a  board  otherwise  directs  for  some  or 
all  of  its  pupils  the  instructional  program  for 
pupils  on  a  school  day  shall  begin  not  earlier  than 
9  a.m.  and  end  not  later  than  4  p.m. 

(7)  The  instructional  program  for  a  pupil  on  a 
school  day  shall  begin  not  earlier  than  8  a.m.  and 
end  not  later  than  5  p.m.  except  with  the  approval 
of  the  Minister. 

(8)  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.  704/78,  s.  3. 

NATIONAL  ANTHEM 

4.  The  opening  or  closing  exercises  in  a  school 
shall  include  0  Canada  and  may  include  God  Save 
the  Queen.     O.  Reg.  704/78,  s.  4. 


5.  Every  school  shall  fly  the  National  Flag  of 
Canada  or  the  National  Flag  of  Canada  and  the 


148 


EDUCATION 


Reg.  262 


Provincial  Flag  of  Ontario  on  such  occasions  as  its 
board  directs  and  shall  display  in  the  school, 

(a)  the  National  Flag  of  Canada ;  or 

(b)  the  National  Flag  of  Canada  and  the 
Provincial  Flag  of  Ontario.  O.  Reg. 
704/78,  s.  5. 

EMERGENCY  PROCEDURES 

6. — (1)  Every  board  shall  establish  procedures 
that  shall  be  followed  in  the  event  of  fire  and 
other  emergencies  that  may  develop  on  or  adjacent 
to  school  property  and  shall  provide  for  drill  in 
such  procedures. 

(2)  Every  principal  shall  hold  emergency  drill 
in  accordance  with  the  procedures  established 
under  subsection  (1)  at  least  three  times  between  the 
first  school  day  of  the  school  year  and  the  31st  day 
of  December  and  at  least  three  times  between  the 
1st  day  of  January  and  the  last  school  day  of  the 
school  year. 

(3)  Every  person  in  a  school  building  shall  take 
part  in  emergency  drill.     O.  Reg.  704/78,  s.  6. 

TEXTBOOKS 

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  his 
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,  subject  to  the  approval  of  his  board, 
such  textbook  may  be  introduced  for  use  in  the 
school. 

(3)  In  the  selection  of  textbooks  under  sub- 
section (2),  preference  shall  be  given  to  books  that 
have  been  written  by  Canadian  authors  and  edited, 
printed  and  bound  in  Canada. 

(4)  A  board  shall  provide  without  charge  for  the 
use  of  each  pupil  enrolled  in  a  day  school,  operated 
by  the  board,  such  of  the  textbooks  selected  under 
subsections  (1)  and  (2),  as  relate  to  the  courses  in 
which  the  pupil  is  enrolled,  except  textbooks  that 
relate  to  courses  for  credit  towards  the  Secondary 
School  Honour  Graduation  Diploma.  O.  Reg. 
704/78,  s.  7. 

GRADES  9  AND   10   IN  ELEMENTARY  SCHOOLS 

8. — (1)  An  elementary  school  board  whose  area 
of  jurisdiction  is  not  within  a  secondary  school 
district    shall    provide    for   resident    pupils   of   the 


board  at  the  grade  9  and  10  level  instruction  that 
is  acceptable  for  credit  towards  a  secondary  school 
graduation  diploma,  except  where  the  board  pro- 
vides daily  transportation  or  reimbursement  for 
board,  lodging  and  transportation  once  a  week  for 
such  pupils,  to  another  school  where  such  instruc- 
tion is  provided. 

(2)  An  elementary  school  board  whose  area  of 
jurisdiction  is  within  a  secondary  school  district 
may  provide  for  its  resident  pupils  at  the  grade  9 
and  10  level  instruction  that  is  acceptable  for 
credit  towards  a  secondary  school  graduation 
diploma.     O.  Reg.  704/78,  s.  8. 

CONTINUING  EDUCATION  CLASSES 

9. — (1)  The  course  of  study  for  a  continuing 
education  class,  the  number  of  times  that  a 
continuing  education  class  shall  be  held  each  week 
and  the  length  of  time  per  session  of  each  con- 
tinuing education  class  shall  be  determined  by 
the  board  or  boards  establishing  the  continuing 
education  class  except  that  an  elementary  school 
board  may  offer  continuing  education  classes  only 
in  courses  of  study  that  the  board  is  authorized 
or  required  to  provide  in  its  day  school  program 
in  the  primary,  junior  and  intermediate  divisions. 

(2)  Notwithstanding  subsection  (1),  an  elementary 
school  board  may  offer  as  a  subject  at  the  primary 
division,  junior  division  and  intermediate  division 
level  in  its  continuing  education  classes,  a  language 
other  than  English  or  French. 

(3)  The  accommodation  and  equipment  of  a  day 
school  may  be  used  for  a  continuing  education 
class. 

(4)  The  requirements  for  a  continuing  education 
class  are  the  same  as  the  requirements  for  day 
schools  under  the  Act  and  the  regulations  in 
respect  of, 

(a)  the  management  of  classes ; 

(b)  the  admission  and  discipline  of  pupils; 

(c)  subject  to  subsection  (5),  the  duties  and 
qualifications  of  and  the  requirements  for 
teachers  and  principals; 

(d)  the  textbooks  to  be  used ;  and 

(e)  the  granting  of  credits. 

(5)  A  board  may  employ  a  person  who  is  not  a 
teacher  to  teach  in  a  continuing  education  class  a 
course  that  is  not  to  be  recognized  for  credit 
provided  such  person  holds  qualifications  acceptable 
to  the  board  for  such  employment. 

(6)  The  principal  of  a  day  school  shall  be  the 
principal  of  the  continuing  education  classes  in  his 
school    unless    the    board    appoints    as    principal 


Reg.  262 


EDUCATION 


149 


thereof  another  person  who  holds  the  appropriate 
principal's  qualifications  set  out  in  section  10. 

(7)  Two  or  more  boards  may  jointly  establish 
continuing  education  classes  in  a  school  or  schools 
operated  by  one  or  more  of  the  boards  concerned 
and  determine  where  such  classes  shall  be  conducted. 
O.  Reg.  704/78.  s.  9. 

QUALIFICATIONS  FOR  PRINCIPALS  AND 
VICE-PRINCIPALS 

10. — (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 
269  of  Revised  Regulations  of  Ontario,  1980, 
principal's  qualifications;  or 

{b)  holds  a  certificate  that  is  referred  to  infection 
45  of  Regulation  269  of  Revised  Regulations 
of  Ontario,  1980  and  that  qualifies  him  as 
principal  of  such  school,  or  is  deemed  under 
section  46  thereof  to  hold  a  certificate  that  so 
qualifies  him, 

and,  in  the  case  of  a  school, 

(c)  in  which  English  is  the  language  of  instruc- 
tion; or 

id)  that  is  established  under  Part  XI  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  (5),  (6)  or  (7),  as  the  case  may 
be,  of  section  20.     O.  Reg.  469/79,  s.  1. 

(2)  Notwithstanding  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,  he  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  succes- 
sor board. 

(3)  Notwithstanding  subsection  (1),  where  a  teacher 
who  does  not  hold  the  qualifications  referred  to  in  sub- 
section (1), 

(a)  was  employed  by  a  board  prior  to  the 
1st  day  of  September.  1972  as  principal 
of  an  elementary  school  that  had  an 
enrolment  of  300  or  more  pupils  and  is 
employed  by  such  board  as  principal  of  an 
elementary  school  on  the  date  this  Regula- 
tion comes  into  force ; 

(b)  was  employed  by  a  board  on  the  1st  day  of 
September,    1978    as    vice-principal   of   an 


elementary  school  that  had  an  enrolment  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-princi- 
pal 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-principal,  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  adminis- 
tration of  two  or  more  elementary  schools  operated 
by  the  board  and  such  person  shall  be  subject  to 
the  authority  of  the  appropriate  supervisory  officer. 

(5)  A  supervising  principal  may  be  principal 
of  one  of  the  schools  of  which  he  is  supervising 
principal  provided  he  is  not  principal  of  any  other 
school. 

(6)  Notwithstanding  subsection  (1),  a  teacher  who, 
before  the  1st  day  of  September,  1970  held  the  neces- 
sary qualifications  as  principal  of  a  secondary  school 
continues  to  be  qualified  as  principal  or  vice-principal 
of  a  secondary  school.     O.  Reg.  704/78,  s.  10  (2-6). 

1 1. — (1)  The  principal  and  vice-principal  of  a  school 
for  trainable  retarded  children  having  an  enrolment 
greater  than  100  or  of  a  school  in  which  there  are  classes 
for  trainable  retarded  children  and  the  enrolment  in 
such  classes  is  greater  than  100  shall  each  be  a  teacher 
who, 

(a)  holds  or  is  deemed  to  hold,  under  Regulation 
269  of  Revised  Regulations  of  Ontario,  1980, 
principal's  qualifications,  or  holds  a  certifi- 
cate referred  to  in  section  45  of  such  Regula- 
tion or  is  deemed  to  hold  such  certificate 
under  section  46  thereof;  and 

(b)  holds  an  additional  qualification  in  special 
education  as  recorded  on  his  Ontario  Teach- 
er's Qualifications  Record  Card.     O.  Reg. 

469/79,  s.  2. 

(2)  The  principal  of  an  elementary  or  secondary 
school  that  includes  one  or  more  classes  for 
trainable  retarded  children  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)  Notwithstanding  subsection  (1),  where  a  teacher 
who  does  not  hold  the  qualifications  referred  to  in  sub- 
section (1)  was,  on  the  1st  day  of  September,  1978 
employed  by  a  board  as  prinicpal  or  vice-principal  of  a 


ISO 


EDUCATION 


Reg.  262 


school  for  trainable  retarded  children  having  an 
enrolment  greater  than  100  or  of  a  school  in  which 
there  are  classes  for  trainable  retarded  children  and  the 
enrolment  in  such  classes  is  greater  than  100,  he  shall 
be  deemed  to  be  qualified  as  principal  or  vice-princi- 
pal, as  the  case  may  be,  of  a  school  for  trainable 
retarded  children  or  of  a  school  in  which  there  are 
classes  for  trainable  retarded  cjiildren  the  enrolment  in 
which  is  greater  than  100  that  is  operated  by  that 
board  or  its  successor  board.  O.  Reg.  704/78,  s.  11 
(2,  3). 


DUTIES  OF  PRINCIPALS 

12. — (1)  The  principal  of  a  school  is  in  charge 
of  the  management  and  discipline  of  the  school 
and,  subject  to  the  approval  of  the  appropriate 
supervisory  officer,  is  in  charge  of  the  organization 
of  the  school. 

(2)  In  addition  to  his  duties  under  the  Act,  the 
principal  of  a  school  shall, 

(a)  supervise  the  instruction  in  the  school 
and  advise  and  assist  any  teacher,  in  co- 
operation with  the  teacher  in  charge  of  the 
organizational  unit  or  program  in  which 
the  teacher  teaches ; 

(b)  make  allowance  in  the  timetable  for  duties 
required  of  teachers  in  charge  of  organ- 
izational units  or  programs  and  for  special 
duties  required  of  any  teacher; 

(c)  assign  duties  to  vice-principals  and  to 
teachers  in  charge  of  organizational  units 
or  programs ; 

(d)  hold  meetings  of  the  teachers  to  discuss 
matters  relating  to  the  management  and 
organization  of  the  school ; 

{e)  make  recommendations  to  his  board  re- 
specting any  additions  or  alterations  that 
he  considers  necessary  to  the  school  build- 
ing; 

(/)  inspect  the  school  premises  regularly  and 
report  promptly  to  his  board, 

(i)  any  repairs  to  the  school  that  are 
required,  and 

(ii)  any  lack  of  attention  on  the  part  of 
the  building  maintenance  staff  of  the 
school ; 

(g)  instruct  pupils  in  the  care  of  the  school 
premises ; 

(h)  make  provision  for  adequate  supervision 
during  the  period  determined  by  his  board 
under  subsection  3  (8),  and  for  the  supervis- 


ing and  conducting  of  any  other  school  activ- 
ity authorized  by  his  board; 

(i)  exercise  control  over  the  amount  of  home- 
work assigned  to  pupils ; 

(j)  assign  suitable  quarters  for  pupils  to  eat 
lunch; 

(k)  report  to  his  board  in  writing,  on  its 
request,  on  the  effectiveness  of  members 
of  the  teaching  staff ; 

(/)  recommend  to  his  board, 

(i)  the  appointment  and  promotion  of 
teachers,  and 

(ii)  the  demotion  or  dismissal  of  a 
teacher  whose  work  or  attitude  is 
unsatisfactory,  but  only  after  warn- 
ing the  teacher  in  writing,  giving  him 
assistance  and  allowing  him  a 
reasonable  time  to  improve ; 

(w)  submit  to  his  board  an  annual  budget  for 
supplies  and  equipment ; 

(n)  report  promptly  any  serious  neglect  of  duty 
or  infraction  of  the  school  rules  by  a 
pupil  to  the  parent  where  the  pupil  is  a 
minor  and  otherwise  to  the  pupil ; 

(o)  issue  a  statement  of  progress  to  a  pupil 
withdrawing  from  the  school  or  to  the 
parent  of  such  pupil  where  the  pupil  is  a 
minor ; 

(p)  provide  for  the  guiding  and  counselling 
of  pupils  with  respect  to  their  duties, 
the  courses  of  study  and,  where  applicable, 
the  vocations  or  future  educational  pro- 
grams to  which  the  courses  of  study  lead 
and  the  requirements  for  admission  thereto ; 

(q)  promote  and  maintain  close  co-operation 
with  the  residents  and,  where  applicable, 
the  industry  and  business,  of  the  com- 
munity; 

(r)  provide  for  the  placement  of  pupils  eligible 
for  admission ;  and 

(s)  where  it  is  proposed  to  administer  to  a 
pupil  an  individual  psychological  examina- 
tion or  test,  obtain  written  permission 
therefor  from  the  parent  of  the  pupil 
where  the  pupil  is  a  minor,  and  otherwise 
from  the  pupil. 

(3)  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 


Reg.  262 


EDUCATION 


151 


building  or  grounds   that   the  schools  occupy  or 
use  in  common. 

(4)  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  his  board. 

(5)  A  principal  shall  transmit  his  reports  and 
recommendations  to  his  board  through  the  appro- 
priate supervisory  officer.     O.  Reg.  704/78,  s.  12. 

VICE-PRINCIPALS 

13. — (1)  A  board  may  appoint  one  or  more  vice- 
principals  for  a  school. 

(2)  A  vice-principal  shall  perform  such  duties  as 
are  assigned  to  him  by  the  principal. 

(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. 
O.  Reg.  704/78,  s.  13. 

PRINCIPALS,   VICE-PRINCIPALS  AND  TEACHERS 

IN  CHARGE  OF  SCHOOLS  AND  CLASSES 

ESTABLISHED  UNDER  PART  XI  OF  THE  ACT 

14. — (1)  Where,  under  section  258  of  the  Act, 
more  than  two  classes  where  French  is  the  language 
of  instruction  are  established  in  an  elementary 
school,  and  the  enrolment  for  such  classes  does 
not  exceed  125,  the  board  that  ojjerates  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 
in  a  secondary  school  under  section  261  of  the 
Act  is  more  than  75  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. 

(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  program  of  education  in  such 
classes. 

(4)  Notwithstanding  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  a  board  as  a  teacher  or 
vice-principal,  as  the  case  may  be,  to  carry  out  the 


responsibility  referred  to  in  such  subsections,  he  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. 

(5)  Subsections  (1)  to  (4)  apply  with  the  necessary 
modifications  to  schools  or  classes  for  English-speak- 
ing pupils  established  under  sections  258  and  272  of 
the  Act.     O.  Reg.  704/78,  s.  14. 

TEACHERS  IN  CHARGE  OF  ORGANIZATIONAL 

UNITS 

15. — (1)  The  organization  of  a  secondary  school 
shall  be  by  departments  or  other  similar  organ- 
izational units. 

(2)  A  board  shall  appoint  for  each  organizational 
unit  of  a  secondary  school  a  teacher  to  direct  and 
supervise,  subject  to  the  authority  of  the  principal, 
such  organizational  unit. 

(3)  Notwithstanding  the  manner  in  which  a 
secondary  school  is  organized,  where  a  program  of 
business  studies  is  offered  in  a  secondary  school, 
the  board  that  operates  the  school  shall  appoint  a 
teacher  to  be  in  charge  of  such  program,  subject 
to  the  authority  of  the  principal. 

(4)  Notwithstanding  the  manner  in  which  a 
secondary  school  is  organized,  where  a  program 
of  technological  studies  is  offered  in  a  secondary 
school,  the  board  that  operates  the  school  shall 
appoint  a  teacher  to  be  in  charge  of  such  program, 
subject  to  the  authority  of  the  principal. 

(5)  A  teacher  appointed  under  subsection  (2),  (3)  or 
(4)  shall  not  be  appointed  to  be  in  charge  of  more  than 
one  organizational  unit. 

(6)  A  teacher  appointed  under  subsection  (2),  (3)  or 
(4)  shall  hold  specialist  or  honour  specialist  qualifica- 
tions in  one  or  more  of  the  subjects  taught  in  the 
organizational  unit  for  which  the  teacher  is  appointed. 
O.  Reg.  704/78,  s.  IS. 

16. — ( 1 )  The  organization  of  an  elementary  school 
may  be  by  divisions  or  similar  organizational  units. 

(2)  A  board  may  appoint  for  each  organizational 
unit  of  an  elementary  school  a  teacher  to  direct  and 
supervise  such  organizational  unit  subject  to  the 
authority  of  the  principal  of  the  school. 

(3)  A  teacher  appointed  under  subsection  (2)  shall 
hold  additional  qualifications  in  respect  of  the  organi- 
zational unit  for  which  he  is  appointed  and  such  other 
professional  qualifications  as  may  be  required  by  his 
board.     O.  Reg.  704/78,  s.  16. 

DUTIES  OF  TEACHERS  IN  CHARGE  OF 
ORGANIZATIONAL  UNITS 

17. — (1)  In  addition  to  his  duties  as  a  teacher 
under  the  Act  and  this  Regulation,  a  teacher 
appointed  under  section  15  or  16  shall, 


152 


EDUCATION 


Reg.  262 


(a)  assist  the  principal,  in  co-operation  with 
the  teachers  in  charge  of  other  organiza- 
tional units  or  programs,  in  the  general 
organization  and  management  of  the 
school ; 

(6)  assist  the  principal, 

(i)  in  planning  additions  or  alterations 
to  school  buildings,  and 

(ii)  in  recommending  appointments  to 
the  teaching  staff  of  his  organiza- 
tional unit  or  program ; 

(c)  be  responsible  to  the  principal  for  the 
organization  and  direction  of  his  organ- 
izational unit  or  program ; 

(d)  co-ordinate  and  supervise  the  planning 
for  his  organizational  unit  or  program ; 

(e)  retain  on  file  up-to-date  copies  of  outlines 
of  courses  of  study  for  his  organizational 
unit  or  program,  with  sufficient  detail  to 
permit  the  effective  co-ordination  of  the 
courses  of  study ; 

(/)  assist  teachers  in  his  organizational  unit 
or  program  in  improving  their  methods  of 
instruction ; 

(g)  assist  teachers  in  his  organizational  unit 
or  program  in  maintaining  proper  standards 
for  instruction  and  keeping  adequate  re- 
cords of  the  work  and  achievement  of 
pupils ; 

(h)  call  meetings  of  the  teachers  in  his  organi- 
zational unit  or  program  to  discuss  matters 
relating  to  the  organizational  unit  or 
program  and  to  exchange  ideas  on  problems 
encountered  in  teaching ; 

(t)  prepare  an  annual  budget  for  supplies 
and  equipment  for  his  organizational  unit 
or  program  and  submit  such  budget  to  the 
principal ; 

ij)  requisition,  through  the  principal,  equip- 
ment and  supplies  for  his  organizational 
unit  or  program ; 

(k)  maintain  a  current  inventory  of  the  equip- 
ment in  his  organizational  unit  or  program ; 

(/)  be  responsible  for  the  maintenance  and 
care  of  equipment  and  supplies  in  his 
organizational  unit  or  program ; 

(m)  ensure  that  there  is  adequate  supervision 
of  pupils  who  are  engaged  in  work  that  is 
performed  off  school  property  and  that  is 
part  of  his  organizational  unit  or  program. 


(2)  In  addition  to  his  duties  under  subsection  (1),  a 
teacher  in  charge  of  the  program  of  business  studies  in 
a  secondary  school  shall, 

(a)  recommend  to  the  principal  time-table 
allotments  with  respect  to  the  courses  of 
such  program ;  and 

(b)  establish  with  the  approval  of  the  principal 
liaison  with  business  and  commercial  estab- 
lishments in  the  area  served  by  the 
school. 

(3)  In  addition  to  his  duties  under  subsection  (1),  a 
teacher  in  charge  of  the  program  of  technological 
studies  in  a  secondary  school  shall, 

(a)  recommend  to  the  principal  time-table 
allotments  with  respect  to  the  courses  of 
such  program ; 

(b)  establish  with  the  approval  of  the  principal 
liaison  with  industry  in  the  area  served  by 
the-school ;  and 

(c)  ensure  that  all  reasonable  safety  procedures 
are  carried  out  by  persons  participating  in 
the  courses  in  such  program.  O.  Reg. 
704/78,  s.  17. 

subject  and  program  supervision  and 
co-ordinAtion 

18. — (1)  A  board  may,  in  respect  of  one  or  more 
subjects  or  programs  in  the  schools  under  its 
jurisdiction,  appoint  a  teacher  to  supervise  or  co- 
ordinate such  subjects  or  programs  or  to  act  as  a 
consultant  for  the  teachers  of  such  subjects  or 
programs,  and  the  persons  so  appointed  shall  hold 
specialist  or  honour  specialist  qualifications,  if  such 
are  available,  in  one  or  more  of  the  subjects  or 
programs  in  respect  of  which  he  is  appointed. 

(2)  Notwithstanding  subsection  (1),  a  teacher  who, 
on  the  8th  day  of  September,  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.  O.  Reg.  704/78, 
s.  18. 

19._(1)  Subject  to  the  authority  of  the  ap- 
propriate supervisory  officer,  a  teacher  appointed 
under  section  18  shall  assist  teachers  in  the  subject 
or  program  for  which  he  is  appointed  in  maintaining 
proper  standards  and  improving  methods  of  instruc- 
tion. 

(2)  Where  a  teacher  appointed  under  section  18  is 
performing  his  duties  in  a  school,  he  is  subject  to  the 
authority  of  the  principal  of  that  school.  O.  Reg. 
704/78,  s.  19. 

qualifications  of  teachers 

20. — (1)  A  teacher  in  a  school  shall,  subject  to  sub- 
section (2),  be  a  person  who  holds  or  is  deemed  under 


Reg.  262 


EDUCATION 


153 


Regulation  269  of  Revised  Regulations  of  Ontario, 
1980,  to  hold  an  Ontario  Teacher's  Certificate  and 
shall,  subject  to  subsections  (3),  (5)  and  (6),  be  assigned 
or  appointed  to  teach  according  to  a  qualification 
recorded  on  his  Ontario  Teacher's  Qualifications 
Record  Card  or  on  the  record  in  respect  of  such  teacher 
held  by  the  Ministry. 

(2)  A  teacher  who  does  not  hold  and  is  not  deemed 
under  Regulation  269  of  Revised  Regulations  of 
Ontario,  1980,  to  hold  an  Ontario  Teacher's  Certifi- 
cate but  who, 

(a)  is  qualified  to  hold  an  Ontario  Teacher's 
Certificate  except  that  he  is  not  a  Canadian 
citizen; 

(b)  holds  a  Temporary  Letter  of  Standing 
or  a  Provisional  Letter  of  Standing  or  a 
Permanent  Letter  of  Standing  valid  for 
the  teaching  of  the  deaf;  or 

(c)  holds  a  certificate  or  letter  of  standing  re- 
ferred to  in  subsection  25  (1)  of  Regulation 
269  of  Revised  Regulations  of  Ontario, 
1980, 

may  teach  in  an  elementary  or  a  secondary  school 
in  a  class,  division,  school  or  subject  for  which  his 
certificate  or  letter  of  standing  is  valid  or  in  which  he 
has  received  professional  education  as  indicated  on 
his  Temporary  Letter  of  Standing  or  Provisional 
Letter  of  Standing.     O.  Reg.  704/78,  s.  20  (1,  2). 

(3)  Subject  to  subsections  (4),  (9),  (10)  and  (12),  a 
teacher  whose  Ontario  Teacher's  Qualifications 
Record  Card,  or  the  record  in  respect  of  such  teacher 
held  by  the  Ministry,  indicates  qualifications  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,  with  the  approv- 
al of  the  board  and  with  due  regard  for  the  safety  and 
welfare  of  the  pupils  and  the  provision  of  the  best 
possible  program,  be  assigned  or  appointed  to  teach  in 
a  division  or  a  subject  in  general  studies  for  which  no 
qualification  is  recorded  on  his  Ontario  Teacher's 
Qualification  Record  Card  or  on  the  record  in  respect 
of  such  teacher  held  by  the  Ministry. 

(4)  Subject  to  subsections  (5),  (6),  (7)  and  (8),  a 
teacher  who  does  not  hold  an  acceptable  university 
degree  as  defined  in  clause  1  (a)  of  Regulation  269  of 
Revised  Regulations  of  Ontario,  1980,  shall  not  be 
assigned  or  appointed  to  teach  general  studies  in  a 
secondary  school  except  that  such  teacher,  if  he  is 
qualified  to  teach  in  the  primary  division,  the  junior 
division  and  the  intermediate  division  of  an  elemen- 
tary school,  may  be  assigned  or  appointed  to  teach 
general  studies  to  pupils  enrolled  in  a  modified  level  or 
special  vocational  program  or  in  a  basic  level  or  an 
occupational  program  in  a  secondary  school. 

(5)  A  teacher  who  holds  a  commercial-vocational 
qualification  may  be  assigned  or  appointed  to  teach  the 
courses  in   business  studies  shown  on   his  Ontario 


Teacher's  Qualifications  Record  Card  or  on  the  record 
in  respect  of  such  teacher  held  by  the  Ministry. 

(6)  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  home  economics  or  family 
studies  course. 

(7)  A  teacher  who  holds  qualifications  in 
technological  studies  in  food  and  nutrition  or  home 
economics  may  be  assigned  or  appointed  to  teach  in  a 
secondarv'  school  the  food  and  nutrition  portion  of  the 
home  economics  or  family  studies  course. 

(8)  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.     O.  Reg.  316/80,  s.  1. 

(9)  No  teacher  shall  be  assigned  or  appointed  to 
teach  in  classes  where  English  is  the  language  of 
instruction  unless  he  received  his  basic  teacher 
education  in  the  English  language  or  is  otherwise 
qualified  under  the  regulations  for  such  assignment 
or  appointment. 

(10)  No  teacher  shall  be  assigned  or  appointed  to 
teach  in  schools  or  classes  established  under  Part 
XI  of  the  Act  where  French  is  the  language  of 
instruction  unless  he  received  his  basic  teacher 
education  in  the  French  language  or  is  otherwise 
qualified  under  the  regulations  for  such  assignment 
or  appointment. 

(11)  Notwithstanding  subsections  (9)  and  (10),  a 
teacher  who  obtained  his  basic  teacher  education  prior 
to  the  1st  day  of  September,  1980,  and  who  holds 
qualifications  to  teach  in  the  intermediate  division  and 
the  senior  division  may  be  assigned  or  appointed  to 
teach  in  either  or  both  of  such  divisions  in  classes 
where  English  or  French  is  the  language  of  instruc- 
tion.    O.  Reg.  704/78,  s.  20  (5-7). 

(12)  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, 

(i)  classes  in  any  one  of  art,  guidance, 
home  economics  or  family  studies, 
instrumental  music,  vocal  music  or 
physical  education,  or 

(ii)  classes  in  or  courses  that  are  included 
in  business  studies; 

{b)  be  placed  in  charge  of  a  school  library, 
a  guidance  program  or  a  special  education 
program ;  or 

(c)  be  assigned  or  appointed  to  teach. 


154 


EDUCATION 


Reg.  26-2 


(i)  French  as  a  second  language, 

(ii)  English  as  a  second  language, 

(iii)  industrial  arts  or  any  other  course  that 
is  included  in  technological  studies,  or 

(iv)  in  a  special  education  program, 


unless, 


(d)  his  Ontario  Teacher's  Qualifications  Record 
Card  or  the  record  in  respect  of  such 
teacher  held  by  the  Ministry  indicates 
that  he  holds  qualifications  in  the  area  of 
responsibility  to  which  he  is  to  be  assigned 
or  appointed  or  of  which  he  is  to  be  placed 
in  charge;  or 

(e)  he  is  qualified  for  such  assignment,  appoint- 
ment or  placement  under  subsection  (2)  or 
(13)  or  deemed  to  be  qualified  therefor  under 
subsection  (14)  or  (15).  O.  Reg.  704/78, 
s.  20  (8);  O.  Reg.  469/79,  s.  3  (1-3). 

(13)  A  teacher  in  a  school  or  class  for  trainable 
retarded  children  shall, 

(a)  have  an  entry  on  his  Ontario  Teacher's 
Qualifications  Record  Card  or  on  the 
record  in  respect  of  such  teacher  held 
by  the  Ministry,  indicating  that  he  holds 
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  Train- 
able Retarded. 

4.  Provisional  or  Permanent  Letter 
of  Standing  valid  for  the  teaching 
of  the  trainable  retarded.     O.    Reg. 

704/78,  s.  20  (9). 

(14)  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  language  in  an  elementan,-  school  or  a 
secondary  school;  or 

(b)  industrial  arts  in  an  elementary  school, 

and  is  not  qualified  for  such  position  under  subsection 
(12),  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.     O.  Reg.  469/79,  s.  3  (4),  part. 


(15)  The  provision  of  subsection  (12)  that  no  teacher 
shall  be  assigned  or  appointed  to  teach  in  a  special 
education  program  unless  he  holds  qualifications  in 
special  education  shall  not  apply  to  teaching  classes  in 
general  studies  or  technological  studies  in  a  special 
vocational  or  an  occupational  program  until  the  1st 
day  of  September,  1985.     O.  Reg.  556/80,  s.  1. 

DUTIES  OF  TEACHERS 

21.  A  teacher  shall,  in  addition  to  his  duties 
under  the  Act, 

(a)  be  responsible  for  effective  instruction, 
training  and  evaluation  of  progress  of 
pupils  in  the  subjects  assigned  to  him  and 
for  the  management  of  his  class  or  classes; 

{b)  prepare  for  use  in  his  class  or  classes  such 
teaching  plans  and  outlines  as  are  required 
by  his  principal  and  the  appropriate 
supervisory  officer  and  submit  the  plans 
and  outlines  to  his  principal  or  the  appropri- 
ate supervisory  officer,  as  the  case  may  be, 
on  request ; 

(c)  carry  out  the  supervisory  duties  assigned 
to  him  by  his  principal ; 

{d)  where  his  board  has  appointed  teachers 
under  section  15,  16  or  18,  co-operate 
with  such  teachers  and  with  his  principal 
in  securing  a  suitable  selection,  arrangement 
and  correlation  of  the  subject  matter  and 
learning  materials;  and 

(e)  ensure  that  the  classroom  or  teaching 
area  is  ready  for  the  reception  of  pupils 
at  least  fifteen  minutes  before  the  com- 
mencement of  classes  in  the  school  in  the 
morning  and,  where  applicable,  five  minutes 
before  the  commencement  of  classes  in  the 
school  in  the  afternoon.  O.  Reg.  704/78, 
s.  21. 

APPOINTMENT   OF   UNQUALIFIED   PERSONS   AS 
TEACHERS 

22. — (1)  Subject  to  subsection  (2),  a  board  may,  in 
case  of  emergency,  appoint  an  unqualified  person  to 
teach  for  not  more  than  ten  school  days  in  a  school 
year. 

(2)  In  no  case  shall  a  board  employ  as  a  teacher 
a  person  whose  teaching  certificate  is  cancelled  or 
under  suspension.     O.  Reg.  704/78,  s.  22. 

PROFESSIONAL   SUPPORT   STAFF 

23.  Psychiatrists,  psychologists  and  other  pro- 
fessional 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 


Reg.  262 


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155 


subject    to    the    administrative    authority    of    the 
principal  of  that  school.     O.  Reg.  704/78,  s.  23. 

REQUIREMENTS   FOR   PUPILS 

24.— (1)  A  pupil  shall, 

(a)  attend  classes  punctually  and  regularly; 

(b)  exercise  self -discipline ; 

(c)  accept  such  discipline  as  would  be  exercised 
by  a  kind,  firm  and  judicious  parent ; 

(d)  be  clean  in  his  person  and  habits,  diligent 
in  his  studies,  courteous  to  his  fellow  pupils 
and  obedient  and  courteous  to  teachers; 
and 

(e)  take  such  tests  and  examinations  as  are 
required  by  or  under  the  Act. 

(2)  When  a  pupil  returns  to  school  after  an 
absence,  his  parent  or,  where  the  pupil  is  an  adult, 
the  pupil,  shall,  orally  or  in  writing  as  the  principal 
requires,  give  the  reason  for  the  absence. 

(3)  A  pupil  may  be  temporarily  absent  from 
school  at  any  time  at  the  oral  or  written  request  of 
his  parent  or,  where  the  pupil  is  an  adult,  at  the 
request  of  the  pupil,  and  in  either  case  with  con- 
sent of  the  principal. 

(4)  Where  the  principal  believes  that  an  unjustifi- 
able use  is  being  made  of.  the  privilege  referred  to  in 
subsection  (3),  he  shall  promptly  notify  the  board  and 
inform  the  parent  or,  where  the  pupil  is  an  adult, 
inform  the  pupil,  of  such  notification. 

(5)  Every  pupil  is  responsible  to  the  principal  of 
the  school  that  he  attends  for  his  conduct, 

(a)  on  the  school  premises ; 

(b)  on  out-of-school  activities  that  are  part  of 
the  school  program ;  and 

(c)  while  travelling  on  a  school  bus  that  is 
owned  by,  or  on  a  school  bus  or  bus  that  is 
under  contract  to  a  board.  O.  Reg. 
704/78,  s.  24. 

DAMAGE  TO  SCHOOL   PROPERTY 

25.  Where  a  pupil  damages,  destroys,  loses  or 
misappropriates  school  property  and  the  pupil  or 
his  parent  does  not  compensate  the  board  therefor 
within  a  reasonable  time,  the  principal  of  the  school 
shall  report  the  matter  to  his  board.  O.  Reg. 
704/78,  s.  25. 

ADVERTISEMENTS  AND  ANNOUNCEMENTS 

26.  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  operates  the  school  except 
announcements  of  school  activities.  O.  Reg.  704/78, 
s.  26. 

SUPERVISION 

27.  The  appropriate  supervisory  officer,  irt  addition 
to  his  duties  under  the  Act  may,  during  his  visit  to  a 
school,  assume  any  of  the  authority  and  responsibility 
of  the  principal  of  the  school.     O.  Reg.  704/78,  s.  27. 

RELIGIOUS  EXERCISES  AND  RELIGIOUS 
EDUCATION  IN  THE  PUBLIC  SCHOOLS 

28. — (1)  A  public  school  shall  be  opened  or  closed 
each  school  day  with  religious  exercises  consisting  of 
the  reading  of  the  Scriptures  or  other  suitable  readings 
and  the  repeating  of  the  Lord's  Prayer  or  other  suitable 
prayers. 

(2)  The  readings  and  prayers  that  form  part  of  the 
religious  exercises  referred  to  in  subsection  (1)  shall  be 
chosen  from  a  list  of  selections  approved  for  such  pur- 
pose by  the  board  that  operates  the  school  where  the 
board  approves  such  a  list  and,  where  the  board  does 
not  approve  such  a  list,  the  principal  of  the  school  shall 
select  the  readings  and  prayers  after  notifying  the 
board  of  his  intention  to  do  so,  but  his  selection  is 
subject  to  revision  by  the  board  at  any  time. 

(3)  The  religious  exercises  under  subsection  (1)  may 
include  the  singing  of  one  or  more  hymns. 

(4)  Two  periods  per  week  of  one-half  hour  each,  in 
addition  to  the  time  assigned  to  religious  exercises  at 
the  opening  or  closing  of  a  public  school,  shall  be 
devoted  to  religious  education. 

(5)  Religious  education  shall  be  given  immediately 
after  the  opening  of  a  public  school  or  immediately 
before  the  closing  of  school  in  either  the  morning  or  the 
afternoon  session. 

(6)  Instruction  in  religious  education  shall  be  given 
by  the  teacher  and  issues  of  controversial  or  sectarian 
nature  shall  be  avoided. 

(7)  By  resolution  of  a  board,  a  clergyman  or  clergy- 
men of  any  denomination,  or  a  lay  person  or  lay  per- 
sons selected  by  the  clergyman  or  clergymen,  may  give 
religious  instruction  in  a  school  of  the  board  in  lieu  of  a 
teacher  or  teachers. 

(8)  Where  two  or  more  clergymen  of  different 
denominations,  or  lay  persons  selected  by  the  clergy- 
men, upon  written  application  to  the  board,  secure 
permission  under  subsection  (7)  to  give  religious 
instruction  in  the  same  school,  the  principal  of  the 
school,  by  resolution  of  the  board,  shall  arrange  for 
such  accommodation  within  the  school  and  such  times 
within  the  periods  referred  to  in  subsection  (S)  as  are 
agreeable  to  both  the  principal  and  the  clergymen  or 
the  lay  persons  selected  by  the  clergymen. 


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EDUCATION 


Reg.  262 


(9)  Where  the  number  of  rooms  in  a  public  school  is 
insufficient  to  meet  the  needs  of  the  groups  organized 
for  religious  instruction  under  subsection  (7)  or  (8),  the 
principal  of  the  school,  by  resolution  of  the  board, 
may  arrange  for  additional  accommodation  elsewhere. 

(10)  No  pupil  shall  be  required  to  take  part  in 
any  religious  exercises  or  be  subject  to  any  in- 
struction in  religious  education  where  his  parent  or, 
where  the  pupil  is  an  adult,  the  pupil  applies  to  the 
principal  of  the  school  that  the  pupil  attends  for 
exemption  of  the  pupil  therefrom. 

(11)  In  public  schools  without  suitable  waiting 
rooms  or  other  similar  accommodation,  if  the  parent 
of  a  pupil  or,  where  the  pupil  is  an  adult,  the  pupil 
applies  to  the  principal  of  the  school  for  the  exemption 
of  the  pupil  from  attendance  while  religious  exercises 
are  being  held  or  religious  education  given,  such 
request  shall  be  granted. 

(12)  Where  a  parent  of  a  pupil,  or  a  pupil  who  is 
an  adult,  objects  to  the  pupil's  taking  part  in 
religious  exercises  or  being  subject  to  instruction 
in  religious  education,  but  requests  that  the  pupil 
remain  in  the  classroom  during  the  time  devoted  to 
religious  exercises  or  instruction  in  religious  edu- 
cation, the  principal  of  the  school  that  pupil  attends 
shall  permit  the  pupil  to  do  so,  if  he  maintains 
decorous  behaviour. 

(13)  If,  because  of  his  right  to  be  absent  from 
religious  exercises  or  instruction  in  religious  edu- 
cation, any  pupil  is  not  present  in  the  classroom 
during  the  periods  specified  for  religious  exercises 
or  instruction  in  religious  education,  his  absence 
shall  not  be  considered  a  contravention  of  the  rules 
of  his  school. 

(14)  A  teacher  claiming  exemption  from  the 
teaching  of  religious  education  as  prescribed  by 
this  section  shall  notify  his  board  to  that  effect  in 
writing,  and  the  board  shall  make  such  other 
provision  as  is  necessary  to  implement  this  section 
with  respect  to  the  teaching  of  religious  education. 

(15)  The  Minister  may  grant  to  a  board  exemption 
from  the  teaching  of  religious  education  in  any 
classroom  or  school  if  the  board  requests  in  writing 
the  exemption  and  submits  reasons  for  its  request. 

(16)  The  appropriate  supervisory  officer  shall  each 
year  bring  the  provisions  of  this  section  to  the 
attention  of  the  board  or  boards  in  respect  of  which 
he  has  jurisdiction.     O.  Reg.  704/78,  s.  28. 


RELIGIOUS   EXERCISES   AND   RELIGIOUS   EDUCATION 
IN   THE   SECONDARY   SCHOOLS 

29. — (1)  A  secondary  school  shall  be  opened  or 
closed  each  school  day  with  religious  exercises 
consisting  of  the  reading  of  the  Scriptures  or  other 
suitable  readings  and  the  repeating  of  the  Lord's 
Prayer  or  other  suitable  prayers. 


(2)  The  readings  and  prayers  that  form  part  of  the 
religious  exercises  referred  to  in  subsection  (1)  shall  be 
chosen  from  a  list  of  selections  approved  for  such 
purpose  by  the  board  that  operates  the  school  where 
the  board  approves  such  a  list  and,  where  the  board 
does  not  approve  such  a  list,  the  principal  of  the 
school  shall  select  the  readings  and  prayers  after 
notifying  the  board  of  his  intention  to  do  so,  but 
his  selection  is  subject  to  revision  by  the  board  at 
any  time. 

(3)  As  part  of  the  religious  exercises,  a  board  may 
direct, 

(a)  its  teachers  and  pupils  to  read  Scripture 
passages  at  the  close  of  the  school  day; 
and 

(b)  its  principals  to  suggest  Bible  passages  to 
be  memorized  by  the  pupils. 

(4)  A  clergyman  or  any  person  selected  by  him 
may  be  authorized  by  resolution  of  a  board  to  give 
instruction  in  religious  education  in  a  school  to 
pupils  of  his  own  denomination  at  a  time  during 
the  school  day  allotted  by  the  principal  of  the 
school  but  the  time  so  allotted  by  the  principal 
shall  not  exceed  one  hour  a  week  for  any  one  class. 

(5)  The  clergymen  of  a  number  of  denominations 
may  be  authorized  by  resolution  of  a  board  to 
select  a  lay  person  to  give  instruction  in  religious 
education  in  a  school  to  the  pupils  of  those 
denominations  at  such  times  during  the  school  day 
as  are  allotted  by  the  principal  of  the  school  but 
the  times  so  allotted  by  the  principal  shall  not 
exceed  one  hour  a  week  for  any  one  class. 

(6)  Where, 

(a)  more  than  one  clergyman  obtains  the  permis- 
sion of  a  board  under  subsection  (5)  to  give 
religious  instruction;  and 

(b)  the  school  accommodation  is  insufficient 
for  the  instruction  to  be  given  at  the  same 
time, 

the  board  shall,  by  resolution,  determine  the  day  of 
the  week  that  accommodation  will  be  available  for 
each  denomination. 

(7)  Religious  instruction  in  a  secondary  school 
shall  be  given  in  the  school  building. 

(8)  Where  a  parent  of  a  pupil  or,  where  the 
pupil  is  an  adult,  the  pupil  objects  to  the  pupil's 
taking  part  in  religious  exercises  or  being  subject  to 
instruction  in  religious  education,  the  pupil  may 
leave  the  classroom  during  the  exercises  or  instruc- 
tion or  remain  in  the  classroom,  whichever  the 
parent,  or  the  pupil,  as  the  case  may  be,  directs. 

(9)  Before  a  teacher,  clergyman  or  lay  person 
selected  by  the  clergyman  commences  a  religious 
exercise,  a  pupil  on  whose  behalf  an  objection  has 
been  made  shall  be  allowed  to  leave  the  classroom. 


Reg.  262 


EDUCATION 


157 


(10)  A  teacher  claiming  exemption  from  the 
teaching  of  religious  education  as  prescribed  by  this 
section  shall  notify  his  board  to  that  effect  in 
writing,  and  the  board  shall  make  such  other 
provision  as  is  necessary  to  implement  this  section 
with  respect  to  the  teaching  of  religious  education. 

(11)  No  religious  emblem  of  a  denominational 
nature  shall  be  exhibited  in  a  secondary  school 
during  school  hours,  except  during  the  time  allotted 
by  the  principal  to  religious  instruction.  O.  Reg. 
704/78,  s.  29. 

SPECIAL   EDUCATION   PROGRAMS   AND   SERVICES 

30. — (1)  In  this  section  and  in  sections  31  and  32, 
"committee"  means  a  Special  Education  Program 
Placement  and  Review  Committee. 

(2)  Where  a  board  establishes  special  education 
programs  and  special  education  services  under  the 
Act,  it  shall, 

(a)  establish  procedures  and  criteria  governing 
the  placement  of  an  exceptional  pupil  and 
the  review  of  such  placement ; 

(b)  establish  one  or  more  Special  Education 
Program  Placement  and  Review  Com- 
mittees and  determine  the  jurisdiction  of 
each  committee  so  established; 

(c)  ensure  that  in  the  establishment  of  pro- 
cedures under  clause  a  provision  is  made 
for, 

(i)  a  health  assessment, 

(ii)  a  psychological  assessment  where 
considered  necessary  by  the  commit- 
tee, subject  to  clause  12  (2)  (s), 

(iii)  consideration  by  a  committee  estab- 
lished under  clause  (b),  and 

(iv)  consultation  with  the  pupil,  insofar 
as  is  possible,  and  his  parent ; 

(d)  obtain  written  permission  of  the  parent 
and  where  the  pupil  is  an  adult,  written 
permission  of  the  pupil,  prior  to  place- 
ment of  a  pupil  in  a  special  education 
program ; 

(e)  provide  that  there  be  a  continual  evaluation 
of  the  program  of  each  exceptional  pupil; 

{/)  provide  for  a  review  by  the  committee 
of  the  placement  of  each  exceptional 
pupil  at  least  once  in  every  year  to 
ensure  that  the  program  is  appropriate 
for  the  needs  and  capabilities  of  the 
pupil ; 

(g)  determine  the  location  for  each  special 
education  program,  and  the  special  edu- 
cation services  to  be  provided ; 


(A)  provide  such  special  furniture,  equipment 
and  materials  as  are  necessary  for  an 
exceptional  pupil  to  benefit  from  the 
special  education  program ;  and 

(i)  print  and  make  available  copies  of  the  proce- 
dures and  criteria  established  under  clause 
(a)  and  the  maximum  enrolments  established 
in  section  35.     O.  Reg.  704/78,  s.  30. 

31. — (1)  A  committee  shall  consist  of  such  num- 
ber of  members,  not  fewer  than  three,  as  the  board 
that  estabhshes  the  committee  may  determine,  all 
of  whom  shall  be  appointed  by  the  board  and  one 
of  whom  shall  be  a  supervisory  officer  or  a  person 
designated  by  him. 

(2)  Where  a  program  placement  or  review  is  in 
reference  to  a  trainable  retarded  child  or  a  secondary 
school  exceptional  pupil,  the  committee  shall  include, 
in  addition  to  the  members  appointed  under 
subsection  (1),  a  supervisory  officer  employed  by 
one  of  the  separate  school  boards  whose  jurisdiction 
includes  part  of  the  school  division  or,  where  no 
such  separate  school  board  employs  a  supervisory 
officer,  a  provincial  supervisory  officer,  and  a  super- 
visory officer  who  is  included  in  the  committee 
under  this  subsection  shall  be  deemed  to  be  a 
member  of  the  committee  in  respect  of  such  pro- 
gram placement  or  review.     O.  Reg.  704/78,  s.  31. 

32.^ — (1)  In  this  section,  "withdrawal  program" 
means  a  program  of  specialized  instruction  for 
exceptional  pupils  who  otherwise  attend  regular 
classes  that  is  provided, 

(a)  for  a  period  that  includes  not  more  than 
half  the  classroom  time  of  the  pupils ; 

(b)  either  in  the  regular  classrooms  of  the 
pupils  or  by  withdrawing  the  pupils  from 
their  regular  classrooms  for  the  program; 
and 

(c)  by  a  teacher  who  holds  qualifications  in 
special  education. 

(2)  The  placement  of  an  exceptional  pupil  in  an 
elementary  or  secondary  school  special  education 
program,  except  a  pupil  in  a  withdrawal  program, 
shall  be  considered  by  a  committee,  and  the  com- 
mittee, in  accordance  with  the  procedures  and 
criteria  established  by  the  board,  Shall  determine 
the  placement  of  the  pupil  and  shall,  at  least  once 
in  every  year,  review  such  placement  and,  subject 
to  subsection  (5),  make  any  change  that  the  committee 
considers  should  be  made  in  the  program  or  placement 
of  the  pupil. 

(3)  Where  a  pupil  has  been  placed  in  a  special 
education  program,  the  parent  of  the  pupil  or, 
where  the  pupil  is  an  adult,  the  pupil  shall  be 
advised  that, 

(a)  there  shall  be  a  review,  at  least  once  in 
every  year,  of  the  placement  of  the  pupil; 
and 


158 


EDUCATION 


Reg.  262 


(b)  the  parent  or  the  pupil,  as  the  case  may  be, 
may  at  any  time  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 
of  the  placement  of  the  pupil  by  a  com- 
mittee, and  shall  state  in  his  application 
the  reasons  for  requesting  the  review. 

(4)  Upon  receipt  of  an  application  under  clause  (3) 
(b),  the  chief  executive  officer  or  the  secretary  of  the 
board,  as  the  case  may  be,  shall  forward  the  applica- 
tion to  the  appropriate  committee,  which  shall  review 
the  placement  of  the  pupil  and,  within  thirty  days  after 
receipt  of  the  application  by  the  chief  executive  officer 
or  the  secretary,  determine  what  change,  if  any,  shall, 
subject  to  subsection  (5),  be  made  in  the  program  or 
placement  of  the  pupil  and  notify  the  applicant  of  the 
determination. 

(5)  No  major  change  shall  be  made  in  the  program 
or  placement  of  a  pupil  in  a  special  education 
program  without  the  written  permission  of  the  parent 
of  the  pupil  and,  where  the  pupil  is  an  adult,  without 
the  written  permission  of  the  pupil.  O.  Reg.  704/78, 
s.  32. 

33.  Notwithstanding  any  age  requirement  that  may 
be  included  in  the  criteria  established  under  clause  30 
(2)  (a),  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.  704/78,  s.  33. 

34.  A  board  may  authorize  a  principal  to  arrange 
for  home  instruction  to  be  provided  for  a  pupil 
where, 

(a)  medical  evidence  that  the  pupil  cannot 
attend  school  is  provided  to  the  principal ; 
and 

(6)  the  principal  is  satisfied  that  home  in- 
struction is  required.     O.  Reg.  704/78,  s.  34. 

35. — (1)  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 
exceed. 


(a)  in  a  class  for  pupils  who  are  emotionally 
disturbed  or  socially  maladjusted,  for 
pupils  who  have  learning  disabilities,  or 
for  pupils  who  are  younger  than  com- 
pulsory school  age  and  have  impaired 
hearing,  eight  pupils ; 

(6)  in  a  class  for  pupils  who  are  blind,  for 
pupils  who  are  deaf,  for  pupils  who  are 
trainable  retarded  children,  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  physical  handi- 
caps, 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)  after  the  1st  day  of  September,  1981 ,  in  a  class 
in  general  studies  for  pupils  who  are  in  a  spe- 
cial vocational  or  an  occupational  program, 
twenty  pupils; 

(/)  after  the  1st  day  of  September,  1981,  inaclass 
in  technological  studies  for  pupils  who  are  in  a 
special  vocational  or  an  occupational  pro- 
gram, sixteen  pupils; 

(g)  in  an  elementary  school  class  for  pupils 
who  are  gifted,  twenty-five  pupils ;  and 

(A)  in  a  class  for  aphasic  or  autistic  pupils,  or 
for  pupils  with  multiple  handicaps  for 
whom  no  one  handicap  is  dominant,  six 
pupils.  O.  Reg.  704/78,  s.  35  (1);  O.  Reg. 
469/79,  s.  4. 

(2)  The  maximum  case  load  for  a  teacher  of 
exceptional  pupils  who  are  hospitalized  or  for  whom 
home  instruction  is  provided  shall  be  eight  pupils. 

(3)  The  maximum  case  load  for  a  speech  correction 
teacher  shall  be  150  pupils.  O.  Reg.  704/78,  s.  35 
(2,  3). 


Reg.  263 


EDUCATION 


159 


REGULATION  263 


under  the  Kducation  Act 


FEES  FOR  MINISTRY  COURSES 

1.  In  this  Regulation,  "course"  means  a  course  pro- 
vided by  the  Ministry  leading  to, 

(a)  the  Program  Development  and  Implementa- 
tion qualification; 

(b)  the   Program   Supervision   and   Assessment 
qualification;  and 

(c)  the  Principal's  Refresher  Course  qualifica- 
tion.    O.  Reg.  749/80,  s.  1. 

2.  Subject  to  section  3,  the  total  fee  to  be  paid  for  a 
course  shall  be  $225  which  shall  be  made  up  of  a  non- 
refundable registration  fee  of  $25  and  a  tuition  fee  of 
$200.     O.  Reg.  749/80,  s.  2. 

3. — (1)  Where  a  person  who  has  applied  to  take  a 
course  does  not  commence  the  course,  no  tuition  fee  is 
payable,  and  any  tuition  fee  received  for  the  course  by 
or  on  behalf  of  such  person  shall  be  refunded  to  the 
person  who  paid  it. 

(2)  Where  a  person  who  has  commenced  a  course 
withdraws  from  the  course  during  the  first  week  thereof 
and  gives  notice  in  writing  to  the  Ministry  of  his  with- 
drawal, the  tuition  fee  payable  by  or  on  behalf  of  such 


person  shall  be  $50  and  any  amount  of  tuition  fee  in 
excess  of  $50  that  was  paid  for  the  course  by  or  on  behalf 
of  such  person  shall  be  refunded  to  the  person  who  paid 
it. 

(3)  Notwithstanding  subsection  (2),  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 

(b)  compassionate   grounds   acceptable   to   the 
Minister, 

the  tuition  fee  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  $50  for  each  full 
week  of  the  course  that  is  subsequent  to  the  withdrawal 
if  the  withdrawal  is  during  the  second  or  any  sub- 
sequent week,  and  the  appropriate  amount  shall  be 
refunded  to  the  person  who  paid  the  fee  for  the  course. 

(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.  O.  Reg.  749/80, 
s.  3. 


Reg.  264  EDUCATION 161 

REGULATION  264 

under  the  Education  Act 

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  $10.     O.  Reg.  725/79,  s.  1. 

2.  The  fee  for  a  duplicate  of  an  Ontario  Teacher's  Certificate  is  $25.     O.  Reg.  725/79,  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  Certificate,  is  $10.     O.  Reg.  725/79,  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  education  institution  in  Ontario  is  $10.  O.  Reg. 
725/79,  s.  4. 


Reg.  265 


EDUCATION 


163 


REGULATION  265 

under  the  Education  Act 


THE  JAMES  BAY  LOWLANDS  SECONDARY 
SCHOOL  BOARD 

1.  In  this  Regulation, 

(a)  "board"  means  The  James  Bay  Lowlands 
Secondary  School  Board ; 

(b)  "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 ; 

(c)  "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  apportionment  is  made  as 
adjusted  by  the  latest  assessment  equaliza- 
tion factor  applicable  thereto  that  is  pro- 
vided by  the  Minister.  O.  Reg.  379/76, 
s.  1. 

2.  The  James  Bay  Lowlands  Secondarv'  School  Board 
is  continued  and  has  jurisdiction  in  The  James  Bay  Low- 
lands Secondary  School  District  described  in  the 
Schedule.     O.  Reg.  379/76,  s.  2,  revised. 

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; 

(A)  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  agree- 
ment under  subsection  165  (1)  of  the  Act  to  provide  tuition 
for  Indian  pupils, 

(a)  from  the  Attawapiskat  Band,  the  council 
of  the  Attawapiskat  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 ; 

(i)  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  Kasheche- 
wan 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  resolution  requesting 
a  member  on  the  board  from  the  Fort 
Albany  community  and  forwards  a  copy 
thereof  to  the  secretary  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.  O.  Reg. 
379/76,5.4. 

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 
Moosonee  Development  Area  Board. 

(2)  A  member  of  the  board  who  ceases  to  be  an 
elector  in  respect  of  the  area  for  which  he  was 
elected  is  thereupon  disqualified  to  act  as  a  member 
of  the  board.     O.  Reg.  379/76.  s.  6. 

5. — (1)  Meetings  shall  be  held  in  the  year  1982  and  in 
every  second  year  thereafter  on  such  date  in  the  month  of 
December  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).  O.  Reg.  379/76, 
s.  7  (1);  O.  Reg.  828/78,  s.  1  (1),  revised. 

(2)  The  term  of  office  of  a  member  of  the  board  shall  be 
two  years  commencing  on  the  1st  day  of  December  next 
following  his  election  to  the  Board.  O.  Reg.  828/78,  s.  1 
(2),  revised. 

(3)  Where  a  vacancy  occurs  from  any  cause  in 
the    office    of   an    elected    member   of   the    board. 


164 


EDUCATION 


Reg.  265 


the  remaining  members  shall,  subject  to  section  202 
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. 
O.  Reg.  379/76,5.7(3). 

(4)  At  least  six  days  before  a  meeting  under  this 
section,  the  secretary  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 
members  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  manner  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  mem- 
bers 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  sec- 
retary 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  person  designated  by 
him. 

(6)  If  objection  is  made  to  the  right  of  a  person  to 
vote  at  a  meeting  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  100  (9),  (10),  (11),  (12),  (16),  (17), 
(18),  (19)  and  (21)  of  the  Act  apply  with  necessary 
modifications  to  a  meeting  under  this  Regulation.  O. 
Reg.  379/76,  s.  5  (2-5). 


6. — (1)  The  sum  required  by  the  board  for 
secondary  school  purposes  in  each  year  shall  be 
apportioned  between  the  Moosonee  Development 
Area  and  the  remainder  of  The  James  Bay  Low- 
lands Secondary  School  District  in  the  ratio  of  the 
equalized  assessment  of  the  property  rateable  for 
secondary  school  purposes  in  the  Moosonee  Develop- 
ment 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 
Development  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.     O.  Reg.  379/76,  s.  8. 

7. — (1)  Subject  to  subsection  (2),  subsections  208  (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  deben- 
tures 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.     O.  Reg.  379/76,  s.  9. 

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. 

(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.     O.  Reg.  379/76,  s.  10. 

Schedule 

THE  JAMES  BAY  LOWLANDS 
SECONDARY  SCHOOL  DISTRICT 

That  part  of  the  Territorial  District  of  Cochrane 
comprised  of  the  geographic  townships  of  Caron,  Hor- 
den  and  Moose  and  the  unsurveyed  territory  consisting 
of  the  islands  in  the  Moose  River  that  are  situate  in 
their  entirety  north  of  a  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.  O.C.  149/76. 


Reg.  266 EDUCATION 165 

REGULATION  266 

under  the  Education  Act 

LEGISLATIVE  GRANTS 

1.  A  sum  on  account  of  the  legislative  grant  to  a  board  for  educational  purposes  for  any  year  may  be  paid  to 
the  board  prior  to  the  filing  of  a  regulation  prescribing  the  conditions  governing  the  payment  of  legislative  grants 
for  educational  purposes  for  such  year  provided  that  the  sum  so  paid  is  not  in  excess  of  thirty  per  cent  of  the  grant 
payable  to  the  board  for  the  preceding  year.     O.  Reg.  20/73,  s.  1. 


Reg.  267 


EDUCATION 


167 


REGULATION  267 


under  the  Education  Act 


THE  NORTH  OF  SUPERIOR  DISTRICT 

ROMAN  CATHOLIC  SEPARATE  SCHOOL 

BOARD 

1.  The  combined  separate  school  zone  that  is  the 
area  of  jurisdiction  of  The  North  of  Superior  Com- 
bined Roman  CathoHc  Separate  School  Board  is 
designated  as  a  district  combined  separate  school 
zone.     O.  Reg.  957/76.  s.  1. 

2. — (1)  The  following  municipalities  in  the  Ter- 
ritorial District  of  Thunder  Bay  are  designated  as 
an  area  in  which  the  separate  school  zones  whose 
centres  are  within  the  area  are  united  to  form  a 
district  combined  separate  school  zone : 

1.  The  townships  of  Dorion,  Manitouwadge, 
Marathon,  Nipigon,  Schreiber  and  Terrace 
Bay  and  the  improvement  districts  of  Nakina 
and  Red  Rock. 

2.  The  geographic  townships  of  Lyon,  Pic  and 
Stirling.  O.  Reg.  957/76,  s.  2  (1);  O.  Reg. 
235/77,  s.  1;  O.  Reg.  492/78,  s.  1;  O.  Reg. 
15/80,  s.  1;  O.  Reg.  651/80,  s.  1. 

(2)  The  name  designated  for  the  area  designated 
in  subsection  (1)  is  "North  of  Superior  District". 
O.  Reg.  957/76,  s.  2  (2). 


3.  The  North  of  Superior  District  Roman  Catholic 
Separate  School  Board  is  exempted  from  the  provi- 
sions of  subsections  1 13  (2)  to  (18)  of  the  Act.  O.  Reg. 
957/76,  s.  3. 

4.  The  North  of  Superior  District  Roman  Catholic 
Separate  School  Board  shall  be  composed  of  nine 
trustees  who  shall  be  elected  as  follows : 

1.  Three  by  the  separate  school  electors  of 
the  Township  of  Manitouwadge. 

2.  One  by  the  separate  school  electors  of 
the  Township  of  Nipigon. 

3.  One  by  the  separate  school  electors  of 
the  Township  of  Schreiber. 

4.  Two  by  the  separate  school  electors  of 
the  Township  of  Terrace  Bay. 

5.  One  by  the  separate  school  electors  of  the 
Improvement  District  of  Nakina. 

6.  One  by  the  separate  school  electors  of 
the  Improvement  District  of  Red  Rock. 
O.  Reg.  957/76,  s.  4;  O.  Reg.  492/78,  s.  2. 


Reg.  268 


EDUCATION 


169 


REGULATION  268 


under  the  Education  Act 


ONTARIO  SCHOOLS  FOR  THE 
BLIND  AND  THE  DEAF 

INTERPRETATION 

I.  In  this  Regulation, 

(a)  "applicant"  means  an  applicant  for  admission 
to  a  School; 

(b)  "bursar"  means  the  business  administrator  of 
a  School; 

(c)  "Director"  means  the  Executive  Director  of 
the  Regional  Services  Division  of  the  Minis- 
try; 

id)  "Indian"  means, 

(i)  an  Indian  as  defined  in  the  Indian  Act 
(Canada),  or 

(ii)  an  Eskimo, 

who  is  not  qualified  to  be  a  resident  pupil  of  a 
board; 

(c)  "parent"  includes  a  guardian; 

(/)  "residence  counsellor"  means  a  person 
employed  as  a  residence  counsellor  in  a 
School; 

(g)  "School"  means  a  school  referred  to  in  section 
2; 

(A)  "Superintendent"  means  the  Superintendent 
of  a  School.     O.  Reg.  SSS/79,  s.  1. 

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  desig- 
nated as  The  Ernest  C.  Drury  School. 

(4)  The  Ontario  School  for  the  Deaf,  London  is 
designated  as  The  Robarts  School.  O.  Reg.  555/79, 
s   2. 

ADMISSIONS 

3. — (1)  Where  an  applicant  who  is  not  an  Indian,  or 
the  parent  of  such  applicant,  submits  to  the  Superin- 


tendent evidence  satisfactory  to  the  Superintendent 
that, 

(o)  the  applicant  will  be  under  the  age  of  twenty- 
one  years  on  the  first  day  of  the  school  year  for 
which  he  seeks  admission; 

(b)  because  of  a  visual  or  an  auditory  handicap, 
or  both,  as  certified  by  a  legally  qualified 
medical  practitioner,  the  applicant  is  in  need 
of  a  special  educational  program  in  the 
School; 

(c)  if  the  applicant  is  under  eighteen  years  of  age, 
the  applicant's  parent  is  a  resident  of  Ontario; 
and 

id)  if  the  applicEmt  is  eighteen  years  of  age  or 
over,  the  applicant  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  admis- 
sion 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  seeks  admission  submits  to 
the  Superintendent  evidence  satisfactory  to  the 
Superintendent  under  clauses  (1)  (6)  and  id),  and  the 
Minister  approves  the  admission  of  the  applicant,  the 
Superintendent  shall  admit  the  applicant  to  the 
School.     O.  Reg.  555/79,  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  resides  in  that  province, 

(ii)  to  whom  clause  3  (1)  ib)  applies,  and 

(iii)  who  is  not  inadmissible  under  subsec- 
tion 8(1);  and 

ib)  agrees  to  pay  such  fees  as  are  payable  for  the 
instruction  and  maintenance  of  the  applicant. 


170 


EDUCATION 


Reg.  268 


and  the  Minister  approves  the  admission  of  the  ap- 
plicant, the  Superintertdent  shall  admit  the 
applicant.     O.  Reg.  SS5/79,  s.  4. 

5.  Where  the  Minister  of  Indian  Affairs  and  North- 
ern Development  for  Canada, 

(o)  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  Superintendent  shall  admit  the 
applicant.     O.  Reg.  555/79,  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  Superintendent  under  clause  3  (1)  (b),  the  Superin- 
tendent shall,  where  the  Minister  approves  the  admis- 
sion 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  mav  be.  O.  Reg.  555/79. 
s.  6. 

7.  Where  an  applicant  is  eligible  for  admission  under 
section  3,  4,  5  or  6,  the  Superintendent  may  admit  him 
at  any  time  during  the  school  year  provided  that 
accommodation  and  a  program  are  available.     O.  Reg. 

555/79,  s.  7. 

8. — (1)  An  applicant  shall  not  be  admitted  to  a 
School  if  he  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)  (fc) 
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  eigh- 
teen years  of  age  or  over,  the  Minister  may  appoint  a 
committee  to  hear  and  determine  any  question  con- 
cerning the  eligibility  for  admission  of  the  applic- 
ant.    O.  Reg.  555/79,  s.  8. 


FEES 

9.  No  fee  is  payable  in  respect  of  a  pupil  admitted  to 
a  School  under  section  3.     O.  Reg.  555/79,  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  resi- 
dence 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  transporta- 
tion of  pupils,  food  services  for  the  staff  and 
for  pupils  who  are  not  in  residence,  the 
summer  course  for  parents,  the  media  centre, 
the  program  for  emotionally  disturbed  pupils 
and  special  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. 

(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  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,  resi- 
dence counsellors  and  residence  operating 
expenses,  food  services  for  the  staff  and  for 
pupils  who  are  in  residence,  the  summer 
course  for  parents,  the  media  centre,  the  pro- 
gram for  emotionally  disturbed  pupils  and 
special  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. 
O.  Reg.  555/79,  s.  10. 

1 1. — (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- 


Reg.  268 


EDUCATION 


171 


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  esti- 
mates of  such  School  for  such  fiscal  year  to 
salaries  of  teachers,  counsellors  and  aides  in 
the  deaf-blind  program  and  to  transportation 
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.     O.  Reg.  555/79,  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  fee  for  such  month  shall  be  reduced  pro  rata. 
O.  Reg.  555/79,  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  transpor- 
tation costs  for  a  pupil  admitted  to  a  School  under 
section  3  where  the  board  of  which  such  pupil  is  qual- 
ified to  be  a  resident  pupil  does  not  provide  transporta- 
tion to  and  from  the  School.     O.  Reg.  555/79,  s.  13. 


DUTIES  OF  PUPILS 

14.  A  pupil  at  a  School  shall, 

(a)  except  with  the  permission  of  the  Superinten- 
dent, 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; 

(f)  exercise  self-discipline  and  accept  such  dis- 
cipline as  would  be  exercised  by  a  kind,  firm 
and  judicious  parent; 

id)  be  clean  in  his  person  and  habits,  diligent  in 
his  studies  and  courteous  to  other  pupils  and 
to  the  teaching  and  non-teaching  staff  of  the 
School; 

(e)  be  responsible  to  the  Superintendent  for  his 
conduct  on  the  school  premises,  on  out-of- 


school  activities  and  programs  sponsored  by 
the  School  and  while  travelling  on  a  bus  under 
contract  to  or  owned  by  the  Ministry; 

(/)  leave  the  school  premises  only  under  condi- 
tions 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  residence  area. 
O.  Reg.  555/79,  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  by  the  Superinten- 
dent, the  management  of  his  classes  and  the 
discipline  in  his  classroom; 

(b)  co-operate  with  officials  of  the  Ministry  and 
the  Superintendent  for  the  purposes  of  plan- 
ning and  evaluating  the  program  of  instruc- 
tion; 

(c)  make  adequate  provision  in  his  daily  program 
for  the  individual  differences  of  the  pupils  in 
his  classes  so  that  each  pupil  may  experience  a 
reasonable  amount  of  success; 

(d)  prepare  for  use  in  his  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; 

ie)  assist  in  maintaining  discipline  in  the  School 
and  in  fostering  school  spirit  and  morale;  and 

(/)  carry  out  such  supervisory  duties  as  may  be 
assigned  by  the  Superintendent.     O.   Reg. 

555/79,  s.  15. 

DUTIES  OF  RESIDENCE  COUNSELLORS 

16.  A  residence  counsellor  shall, 

(a)  be  responsible  for  the  residence  area  assigned 
to  him  by  the  Superintendent  and  provide  for 
the  safety,  health,  comfort  and  well-being  of 
pupils  in  such  area; 

(6)  plan  and  provide  programs  to  encourage  and 
promote  the  growth  and  development  of  each 
pupil  in  his  residence  area  and  evaluate  such 
programs; 

(r)  make  adequate  provision  for  individual  dif- 
ferences of  the  pupils  in  the  programs  that  he 
provides; 

(d)  record  the  growth  and  development  of  each 
pupil  in  his  residence  area; 


172 


EDUCATION 


Reg.  268 


(e)  assist  in  maintaining  school  spirit,  morale  and 
discipline; 

(/)  carry  out  such  supervisory  duties  as  may  be 
assigned  to  him  by  the  Superintendent;  and 

(g)  co-operate  with  the  Superintendent  in  all 
matters  affecting  the  School.  O.  Reg. 
555/79,  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  of  the  pupil  or  the  pupil,  where  he  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  programs; 

(b)  to  provide  transportation  and  escort  for  the 
pupil  where  necessary  to  ensure  regular 
attendance  if  such  transportation  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  admis- 
sion of  the  pupil  to  a  hospital  for  treatment  or 
surgery; 

id)  to  permit  such  medical  treatment  of  the  pupil 
as  may  be  recommended  by  the  school  physi- 
cian, 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  pro- 
vided by  the  School;  and 

(/)  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.     O.  Reg.  555/79,  s.  17. 


DUTIES  OF  SUPERINTENDENT 

18.  There  shall  be  for  each  School  a  Superintendent 
who  shall, 

(a)  admit  pupils  in  accordance  with  this  Regula- 
tion; 

(6)  decide  the  pupils  who  shall  be  in  residence  at 
the  School  and  the  pupils  who  shall  reside  in 
homes  approved  by  him; 


(c)  decide  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  con- 
siders proper; 

(/)  establish  and  maintain,  and  retain,  transfer 
and  dispose  of,  a  pupil  record  in  respect  of 
each  pupil  enrolled  in  the  School,  in  the  man- 
ner 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  Gradua- 
tion 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  discipline  of  the  School  and  ensure  that 
proper  supervision  is  maintained  at  all  times; 

(j)  furnish  to  the  Director,  on  his  request,  infor- 
mation 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; 

(/)  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  drill  at  the  School  and  the 
residences  at  least  six  times  during  the  school 
year  and  require  that  every  pupil  and  staff 
nrember  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  parent,  or  to  the  pupil  where 
he  is  eighteen  years  of  age  or  over.     O.  Reg. 

555/79,  s.  18. 

19. — (1)  The  Superintendent  may  dismiss  a  pupil 
from  a  School  or  from  a  program  in  the  School  for  a 


Reg.  268. 


EDUCATION 


173 


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  Superin- 
tendent shall  notify  forthwith  in  writing  the  pupil,  his 
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  subsection  (1),  or  the  dismissed  pupil  where  he  is 
eighteen  years  of  age  or  over,  may,  within  seven  days  of 
the  commencement  of  the  dismissal,  appeal  to  the 
Director  against  the  dismissal,  and  the  Director,  after 
hearing  the  appeal  or  where  no  appeal  is  made,  may 
remove,  confirm  or  modify  the  dismissal  and,  where  he 
considers  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  his  conduct  is  so 
refractory  that  his  presence  is  injurious  to  other  pupils 
where, 

(a)  the  Superintendent  so  recommends; 

(b)  the  pupil  and  his  parent  have  been  notified  in 
writing  of, 

(i)  the  recommendation  of  the  Superin- 
tendent, and 

(ii)  the  right  of  the  pupil  where  he  is  eigh- 
teen years  of  age  or  over,  and  other- 
wise of  his  parent,  to  make  represen- 
tations at  a  hearing  to  be  conducted  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  is  eighteen 
years  of  age  or  over,  and  the  Superintendent.     O.  Reg. 

555/79,  s.  19. 

20. — ( 1)  The  Superintendent  may  discharge  a  pupil, 

(a)  for  failure  to  make  progress  satisfactory  to  the 
Superintendent;  or 

(b)  where  the  pupil  is  no  longer  in  need  of  a  spe- 
cial educational  program  in  the  School  and 
another  program  placement  would  be  more 
appropriate  for  the  pupil. 

(2)  Where  a  pupil  has  been  discharged  under  sub- 
section (1),  the  Superintendent  shall, 

(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  is  eighteen  years  of  age  or  over,  in 
respect  of  the  opportunities  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  subsection  (1),  or  the  discharged  pupil  where  he  is 
eighteen  years  of  age  or  over,  may,  within  seven  days  of 
the  discharge,  appeal  to  the  Director  against  the  dis- 
charge, 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  is  eighteen 
years  of  age  or  over,  and  the  Superintendent.     O.  Reg. 

555/79,  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 

(6)  the  need  of  the  pupil  for  medical  treatment, 
certified  by  the  school  physician.     O.  Reg. 

555/79,  s.  21. 


superintendent's  advisory  council 

22. — (1)  A  Superintendent  may  establish  a  Superin- 
tendent's Advisory  Council  for  his  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  subsection  (1)  shall  be  composed  of  at  least  six 
persons  appointed  by  the  Superintendent,  and  such 
Council  shall  meet  at  the  call  of  the  Superintendent  at 
least  twice  during  each  school  year. 

(3)  A  member  of  a  Superintendent's  Advisory  Coun- 
cil is  entitled  to  be  reimbursed  for  his  expenses  neces- 
sarily incurred  to  attend  a  meeting  of  the  Superinten- 
dent's Advisory  Council.     O.  Reg.  555/79,  s.  22. 


qualifications  of  teachers 

23. — (1)  A  teacher  employed  to  teach  the  deaf  at  a 
School  shall  hold, 

(a)  a  certificate  qualifying  him  to  teach  in  an 
elementary  school  or  a  secondary  school  in 
Ontario  or  a  letter  of  standing;  and 

{b)  the  Diploma  in  Deaf  Education  granted  by  the 
Minister  or  qualifications  in  education  of  the 
deaf  that  the  Minister  considers  equivalent 
thereto. 


174 


EDUCATION 


Reg.  268 


(2)  A  deaf  adult  may  be  employed  to  teach  the  deaf  at 
a  School  if  he  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  ciualifyinji  him  to  teach  in  an 
elementary  school  or  a  secondary  school  in 
Ontario  or  a  letter  of  standing;  and 

(b)  have  completed,  or  be  actively  engaged  in 
completing,  the  requirements  for  the 
specialist  qualification  for  teaching  the  blind, 
or  hold  qualificatipns  in  education  of  the  blind 


that  the  Minister  considers  equivalent  there- 
to. 

(4)  A  teacher  employed  to  teach  the  deaf-blind  at  a 
School  shall, 

(a)  hold  a  certificate  qualifying  him  to  teach  in  an 
elementary  school  or  a  secondary  school  in 
Ontario  or  a  letter  of  standing;  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.     O.  Reg.  555/79,  s.  23. 


Reg.  269 


EDUCATION 


175 


REGULATION  269 


under  the  Education  Act 


ONTARIO  TEACHER'S  QUALIFICATIONS 

INTERPRETATION 

1.  In  this  Regulation, 

(a)  "acceptable    university    degree"    means    a 
degree  that  is, 

(i)  granted  by  an  Ontario  university  that 
is  an  ordinary  member  of  the  Associa- 
tion of  Universities  and  Colleges  of 
Canada, 

(ii)  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  subclause  (i), 

(iii)  granted  by  a  university  in  the  United 
States  that  is  recognized  by, 

(A)  Middle   States  Association  of 
Colleges  and  Schools, 

(B)  New   England   Association  of 
Schools  and  Colleges, 

(C)  North  Central  Association  of 
Colleges  and  Schools, 

(D)  Northwest      Association       of 
Schools  and  Colleges, 

(E)  Southern  Association  of  Col- 
leges and  Schools,  or 

(F)  Western  Association  of  Schools 
and  Colleges, 

and  is  considered  by  the  Minister  to  be 
equivalent  to  a  degree  referred  to  in 
subclause  (i),  and 

(iv)  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  subclause  (i); 

(ft)  "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 


resf)ect  of  the  performance  by  the  teacher 
of  his  duties  under  the  Act  and  the  regu- 
lations; 

(c)  "approved  program"  means  a  program 
approved  by  the  Minister; 

(d)  "band"  and  "council  of  the  band"  have  the 
same  meaning  as  in  the  Indian  Act  (Canada); 

(e)  "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  Minis- 
ter of  Education; 

(g)  "division"  means  the  primar>'  division,  junior 
division,  intermediate  division  or  senior  divi- 
sion; 

(// )  "education  authoritj"  means  a  corporation 
that  is  incorporated  b>-  two  or  more  bands  or 
councils  of  bands  for  the  purpose  of  providing 
for  the  educational  needs  of  the  members  of 
such  bands; 

(/)  "general  studies"  means  tiie  courses 
developed  from  curriculum  guidelines  that 
arc  issued  by  the  Minister  for  the  intermediate 
division  and  senior  division  and  listed  under  a 
heading  other  than  "Technological  Studies"  in 
circular  H.S.I,  issued  by  the  Ministry; 

(j )  "holds  a  degree"  means,  in  respect  of  a 
candidate,  that  he  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  con- 
ferred ; 

{k)  "program  of  professional  education"  means  a 
program  approved  b\  the  Minister  and  con- 
ducted at  a  college,  faculty  or  school  of  educa- 
tion in  Ontario  that  includes, 

(i)  a  concentrated  study  of  two  di- 
visions, including  in  the  case  of  the 
intermediate  division  and  the  senior 
division  a  minimum  of  two  optional 
courses  of  which, 

(A)  one  is  from  Schedule  A  and  the 
other  from  Schedule  A  or 
Schedule  B, 

(B)  two  are  from  Schedule  C  at  the 
basic  level,  or 


176 


EDUCATION 


Reg.  269 


(C)  one  is  from  Schedule  C  at  the 
basic  level  and  the  other  the 
same  option  at  the  advanced 
level, 

(ii)  studies  in  education  including  learn- 
ing and  development  throughout 
the  primary,  junior,  intermediate 
and  senior  division, 

(iii)  teaching  methods  designed  to  meet 
the  individual  needs  of  pupils, 

(iv)  the  acts  and  regulations  respecting 
education, 

(v)  a  review  of  the  curriculum  guide- 
lines issued  by  the  Minister  related 
to  all  of  the  divisions  and  a  study 
of  curriculum  development,  and 

(vi)  a  minimum  of  forty  days  of  practical 
experience  in  schools  or  in  other 
situations  approved  by  the  Minister 
for  observation  and  practice  teach- 
ing; 

(/)  "technological  qualifications"  means,  in 
respect  of  a  candidate  for  the  Ontario 
Teacher's  Certificate  or  a  Provisional  or 
Temporary  Letter  of  Standing, 

(i)  the  holding  of  the  secondary  school 
graduation  diploma  or  the  successful 
completion  of  courses  that  are  con- 
sidered by  the  Minister  to  be  the 
equivalent  of  such  diploma, 

(ii)  proof  of  his  competence  in  the  area 
or  areas  of  technological  studies 
selected  as  options  in  the  program 
of  professional  education,  and 

(iii)  one  of, 

(A)  five  years  of  wage-earning 
business  or  industrial  ex- 
perience related  to  the  area  or 
areas  of  technological  studies 
selected  as  options  in  the 
program  of  professional  edu- 
cation, or 

(B)  a  combination  of  education 
beyond  that  referred  to  in 
subclause  (i)  and  business  or 

industrial  experience  that 
totals  five  years,  including  at 
least  two  years,  whenever 
accumulated,  of  wage-earning 
experience  related  to  the  area 
or  areas  of  technological 
studies  selected  as  options  in 
the  program  of  professional 
education ; 


(m )  "technological  studies"  means  the  courses 
developed  from  curriculum  guidelines  that 
are  issued  by  the  Minister  for  the  intermediate 
division  and  the  senior  division  and  listed 
under  the  heading  "Technological  Studies"  in 
circular  H.S.I,  issued  by  the  Ministry; 

(n)  "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  acceptable 
university  degree ; 

(o)  "university  credit"  means  a  unit  of  recog- 
nition in  respect  of  the  successful  com- 
pletion of  a  university  course,  such  that 
sixty  such  university  credits  are  required 
to  complete  a  four-year  university  program 
leading  to  an  acceptable  university  degree. 
O.  Reg.  407/78,  s.  1;  O.  Reg.  557/80,  s.  1. 


Part  I 

BASIC  QUALIFICATIONS 

2.  A  candidate  for  the  Ontario  Teacher's  Certificate 
shall  submit  to  the  dean  of  a  college  or  faculty  of  educa- 
tion 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 
his  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  propf  that 
she  is  the  person  referred  to  in  the  certi- 
ficate or  other  document  submitted  under 
clause  (a); 

(f)  a  certificate  of  change  of  name  where 
applicable ; 

(d)  evidence  satisfactory  to  such  dean  or  director 
of  his  academic  or  technological  qualifica- 
tions; 

(e)  in  the  case  of  a  person  who  was  not  born 
in  Canada,  evidence  that  he  is  a  Canadian 
citizen  or  a  permanent  resident  under  the 
Immigration  Act,  1976  (Canada); 

(/)  proof  of  freedom  from  active  tuberculosis. 
O.  Reg.  407/78,  s.  2;  O.  Reg.  557/80,  s.  2. 

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, 


Reg.  269 


EDUCATION 


177 


(a)  has  complied  with  section  2; 

(b)  is  a  Canadian  citizen; 

(c)  holds  an  acceptable  university  degree  or 
qualifications  the  Minister  considers  equiv- 
alent thereto,  or  technological  quaHfica- 
tions;  and 

(d)  has  successfully  completed  a  program  of 
professional  education, 

the  Minister  may  grant  to  the  candidate  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  com- 
pleted.    O.  Reg.  407/78,  s.  3;  O.  Reg.  557/80,  s.  3. 

4. — (1)  An  entry  on  an  Ontario  Teacher's  Quali- 
fications 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  Qualifica- 
tions Record  Card  in  resjject  of  a  program  success- 
fully 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  estabhshed  under  Part  XI  of  the  Act. 
O.  Reg.  407/78,  s.  4. 

(3)  Notwithstanding  sections  8,  16  and  29,  qualifi- 
cations valid  in  French  Language  schools  and  classes 
established  under  Part  XI  of  the  Act  are  valid  in  French 
Language  classes  where  the  teacher  is  otherwise  quali- 
fied according  to  subsection  20  (12)  of  Regulation  262 
of  Revised  Regulations  of  Ontario,  1980.  O.  Reg. 
557/80,  s.  4. 

5.  Where  the  dean  of  the  Faculty  of  Education 
of  the  University  of  Ottawa  or  the  director  of  the 
School  of  Education  of  Laurentian  University  of 
Sudbury  reports  to  the  Deputy  Minister  that  a 
candidate, 

(a)  has  complied  with  section  2 ; 

(6)  is  a  Canadian  citizen ; 

(c)  has  successfully  completed  at  least  the 
requirements  for  a  Secondary  School 
Honour  Graduation  Diploma  including 
fran(;ais  and  either  English  or  anglais ;  and 

id)  has  successfully  completed  an  approved  pro- 
gram of  teacher  education  in  the  French  lan- 
guage, with  concentration  in  the  primary 
division  and  the  junior  division, 


the  Minister  may  grant  to  the  candidate  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.     O.  Reg.  407/78,  s.  5;  O.  Reg.  557/80,  s.  5. 

6.  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  comphed  with  section  2; 

(b)  is  of  native  ancestry; 

(f)  holds  the  requirements  for  a  Secondary 
School  Graduation  Diploma  or  standing 
the  Minister  considers  equivalent  thereto; 
and 

{d)  has  successfully  completed  an  approved  pro- 
gram of  teacher  education  with  concentration 
in  the  primary  division  and  the  junior  divi- 
sion, 

the  Minister  may  grant  to  the  candidate  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  com- 
pleted.    O.  Reg.  407/78,  s.  6;  O.  Reg.  557/80,  s.  6. 

7.  Where  the  dean  of  a  college  or  faculty  of  education 
in  Ontario  reports  to  the  Deputy  Minister  that  a  candi- 
date has  met  the  requirements  of  clauses  3  (a),  (c)  and 
(d)  but  is  not  a  Canadian  citizen,  the  Minister  may 
grant  to  the  candidate  a  Temporary  Letter  of  Standing 
in  Form  3  valid  for  six  years  in  schools  and  classes 
where  English  is  the  language  of  instruction.  O.  Reg. 
557/80,  s.  7. 

8.  Where  the  dean  of  the  Faculty  of  Education  of  the 
University  of  Ottawa  or  the  director  of  the  School  of 
Education  of  Laurentian  University  of  Sudbury  reports 
to  the  Deputy  Minister  that  a  candidate  has  met  the 
requirements  of  clauses  3  (a),  (c)  and  (d)  or  clauses  5 
(a),  (c)  and  (d),  but  is  not  a  Canadian  citizen,  the 
Minister  may  grant  to  the  candidate  a  Temporary 
Letter  of  Standing  in  Form  3a  valid  for  six  years  in 
French-language  schools  and  classes  established  under 
Part  XI  of  the  Act.     O.  Reg.  557/80,  s.  8. 

9.  Where  the  holder  of  a  Temporary  Letter  of 
Standing  granted  under  section  7,  8  or  13  submits 
to  the  Deputy  Minister  evidence  that  he  is  a 
Canadian  citizen,  the  Minister  may  grant  him  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.    O.  Reg.  407/78,  s.  10. 

10.  Where  the  dean  of  a  college  or  faculty  of  educa- 
tion or  the  director  of  a  school  of  education  in  Ontario 
reports  to  the  Deputy  Minister  that  a  candidate, 

(a)  has  comphed  with  section  2; 


178 


EDUCATION 


Reg.  269 


(b)  holds  an  acceptable  university  degree  or 
qualifications  the  Minister  considers  equiv- 
alent thereto  or  technological  qualifica- 
tions; and 

((■)  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.  O.  Reg.  407/78.  s.  11;  O.  Reg.  557/ 
80,  s.  10. 

11.  For  the  purposes  of  section  12,  a  person 
who  holds  a  Temporary  Elementary  School  Certi- 
ficate or  a  Temporary  Secondary  School  Certificate 
is  deemed  to  hold  a  Provisional  Letter  of  Standing 
granted  on  the  date  of  his  Temporary  Elementary 
School  Certificate  or  his  Temporary  Secondary 
School  Certificate.     O.  Reg.  407/78,  s.  12. 

12. — (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  appro- 
priate supervisory  officer;  and 

(b)  has  successfully  completed  the  second 
session  of  a  program  of  professional  educa- 
tion 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.  O.  Reg.  407/78,  s.  13{1);0. 
Reg.  557/80,  s.  11  (1). 

(2)  Where  the  dean  of  a  college  or  faculty  of  educa- 
tion 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  certi- 
fied by  the  appropriate  supervisory  officer, 
for  one  school  year  after  the  granting  of  his 
Provisional  Letter  of  Standing  and  after 
its  extension  where  it  was  extended; 

(b)  has  successfully  completed  the  final  session 
of  a  program  of  professional  education ;  and 

(i)  is  a  Canadian  citizen, 

the  Minister  hku  grunt  to  the  candidate  an  Ontario 
Teacher's  Certificate  in  Form  1,  and  an  Ontario 
Teachers  Qualifications  Record  Card  in  Form  2  that 
indicates  the  areas  of  concentration  successfully  com- 
pleted. O.Reg.  407/78,  s.  13  (2);  O.  Reg.  557/80,  s.  11 
(2). 

13.  Where  the  dean  of  a  college  or  faculty  of  educa- 
tion or  the  director  of  a  school  of  education  in  Ontario 


reports  to  the  Deputy  Minister  that  a  candidate  has 
met  the  requirements  of  clauses  12  (2)  (a)  and  (b)  but  is 
not  a  Canadian  citizen,  the  Minister  may  grant  to  the 
candidate  a  Temporary  Letter  of  Standing  valid  for  six 
years  in  Form  3  where  the  program  of  professional 
education  was  taken  in  English,  or  in  Form  3o  where 
such  program  was  taken  in  French.  O.  Reg.  557/80, 
s.  12. 

14.  An  applicant  for  a  Temporary  Letter  of 
Standing  who  completed  a  teacher  education  pro- 
gram outside  Ontario  shall  submit  to  the  Director 
of  the  Teacher  Education  Branch  of  the  Ministry 
with  his  application, 

(a)  the  items  required  to  be  submitted  under 
section  2 ; 

(b)  evidence  of  his  academic  or  technological 
qualifications ; 

(c)  his  teaching  certificate  and  a  transcript 
of  his  teacher  education  program ; 

(d)  a  statement  from  the  issuing  authority 
that  his  teaching  certificate  has  not  been 
suspended  or  cancelled ; 

(e)  evidence  that  he  is  free  to  accept  employ- 
ment in  Ontario  as  a  teacher;  and 

(/)  such  evidence  as  the  Director  may  re- 
quire of  successful  teaching  experience  in 
schools  and  programs  similar  to  those  for 
which  the  Temporary  Letter  of  Standing 
applied  for  is  valid.     O.  Reg.  97/79,  s.  1. 

15. — (1)  Where  an  applicant  for  a  Temporary 
Letter  of  Standing, 

(a)  has  complied  with  section  14; 

(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  quali- 
fications required  for  an  Ontario  Teacher's 
Certificate, 

the  Director  of  the  Teacher  Education  Branch  of 
the  Ministry  may  issue  to  the  applicant  a  Letter 
of  Eligibility,  in  Form  5  where  the  teacher  educa- 
tion program  was  taken  in  English  and  in  Form  5a 
where  such  program  was  taken  in  French.  O.  Reg. 
97/79,  s.  2,  part. 

(2)  Where  an  applicant  who  holds  a  Letter  of  Eligi- 
bility granted  under  this  section  submits  to  the  Deputy 
Minister  evidence  that  he  has  an  offer  of  a  position  as  a 
teacher  in  Ontario  from, 

(a)  aboard; 


Reg.  269 


EDUCATION 


179 


(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  Development  of  the  Government 
of  Canada;  or 

(e)  a  council  of  a  band  or  an  incorporated 
education  authority  estabHshed  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  educa- 
tion for  Indians, 

and  that  such  offer  is  subject  to  his  obtaining  a  Tempor- 
ary Letter  of  Standing  valid  for  six  years  from  the  date 
of  issue,  the  Minister  may  grant  to  the  applicant  a 
Temporary  Letter  of  Standing  in  Form  3  or  Form  3a ,  as 
the  case  may  be.  O.  Reg.  97/79,  s.  2,  part;  O.  Reg. 
557/80,  s.  13. 

16.  Where  an  applicant  for  a  Temporary  Letter 
of  Standing, 

(a)  has  complied  with  the  requirements  of  sec- 
tion 14; 

(b)  has  successfully  completed  outside  Canada 
a  teacher  education  program  acceptable  to 
the  Minister ;  and 

(f)  holds  the  academic  or  technological  quaU- 
fications  required  for  an  Ontario  Teacher's 
Certificate, 


the  Director  of  the  Teacher  Education  Branch  of 
the  Ministry  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  XI  of 
the  Act,  a  Letter  of  Eligibility  in  Form  5a.  O.  Reg. 
97/79,  s.  2,  part. 

17.  Where  an  applicant  who  holds  a  Letter  of  Eligi- 
bility issued  under  section  16  in  Form  5  or  Form  5a 
submits  to  the  Deputy  Minister  evidence  that  he, 

(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  Pro- 
vincial Schools  Negotiations  Act, 

(iv)  the  Department  of  Indian  Affairs  and 
Northern  Development  of  the  Gov- 
ernment 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  provide  education  for 
Indians, 

and  such  offer  is  subject  to  his  obtaining  a 
Temporary  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  Eligibility, 

the  Minister  may  grant  to  the  applicant  a  Temporary 
Letter  of  Standing  valid  for  six  years  from  the  date  of 
issue  in  Form  3  or  Form  3a,  as  the  case  may  be.  O. 
Reg.  16/80,  s.  1;  O.  Reg.  557/80,  s.  14. 

18.  Where  the  holder  of  a  Temporary  Letter 
of  Standing  granted  under  section  15  or  17  submits 
to  the  Deputy  Minister  evidence  that  he, 

(a)  is  a  Canadian  citizen;  and 

(b)  has  at  least  ten  months  of  successful 
teaching  experience  in  Ontario  on  the 
Temporary  Letter  of  Standing,  as  certified 
by  the  appropriate  supervisory  officer, 

the  Minister  may  grant  to  the  candidate  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.     O.  Reg.  407/78,  s.  18. 

19.  Where  a  person  who  is  granted  a  Temporary 
Letter  of  Standing  under  section  15  or  17  that  has 
expired  or  is  about  to  expire  submits  to  the  Deputy 
Minister  evidence  that  he, 

(a)  is  a  Canadian  citizen; 

(b)  has  been  employed  as  a  teacher  for  a  total  of 
less  than  ten  months;  and 

(c)  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  Pro- 
vincial Schools  Negotiations  Act, 

(iv)  the  Department  of  Indian  Affairs  and 
Northern  Development  of  the  Gov- 
ernment of  Canada,  or 


180 


EDUCATION 


Reg.  269 


(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  provide  education  for 
Indians, 

the  Minister  may  renew  the  Temporary  Letter  of 
Standing  for  a  period  of  one  year.  O.  Reg.  557/80, 
s.  16. 

20. — (1)  Where  the  principal  of  the  Teacher  Edu- 
cation Centre,  Belleville,  reports  to  the  Deputy 
Minister  that  a  candidate, 

(a)  has  complied  with  section  2; 

(6)  is  a  Canadian  citizen; 

(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  equiva- 
lent thereto;  and 

(e)  has  successfully  completed  an  approved  pro- 
gram 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. 

(2)  Where  the  principal  of  the  Teacher  Education 
Centre,  Belleville,  reports  to  the  Deputy  Minister  that  a 
candidate  has  met  the  requirements  of  clauses  (1)  (a), 
(c),  (d)  and  (e),  but  is  not  a  Canadian  citizen,  the 
Minister  may  grant  to  the  candidate  a  Provisional 
Letter  of  Standing  in  Form  4  or  4a,  as  the  case  may  be, 
valid  for  six  years  from  the  date  of  issue  for  teaching 
the  deaf.     O.  Reg.  557/80,  s.  17. 

21.  Where  the  principal  of  a  course  leading  to 
the  additional  qualification  of  Part  I  Special  Educa- 
tion, 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  one  of, 

(i)  a  Diploma  in  Pre-School  Education 
obtained  at  Ryerson  Polytechnical 
Institute, 

(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  Edu- 
cation obtained  at  an  Ontario  college 
of  applied  arts  and  technology ; 


(b)  has  comphed  with  section  2 ;  and 

(c)  has  successfully  completed  the  program  for 
Part  I  Special  Education  including  part  one  of 
the  Teaching  Trainable  Retarded  option, 

the  Minister  may  grant  to  the  candidate  a  Pro- 
visional 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.  O.  Reg.  407/78,  s.  22;  O. 
Reg.  557/80,  s.  18. 

22. — (1)  Where  the  principal  of  a  course  leading  to 
the  additional  qualification  of  Part  II  Special  Educa- 
tion, 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  a  Provisional  Letter  of  Standing 
granted  under  section  21; 

(b)  has  taught  successfully  for  one  year  in  Ontario 
in  a  school  or  class  for  the  trainable  retarded 
as  certified  by  the  appropriate  supervisory 
officer; 

(c)  is  a  Canadian  citizen;  and 

(d)  has  successfully  completed  the  program  for 
Part  II  Special  Education  including  part  two 
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. 

(2)  Where  the  principal  of  a  course  leading  to  the 
additional  qualification  of  Part  II  Special  Education,  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  has  met  the 
requirements  of  clauses  (1)  (a),  (b)  and  (of),  but  is  not  a 
Canadian  citizen,  the  Minister  may  grant  to  the  candi- 
date a  Provisional  Letter  of  Standing  in  Form  4  or 
Form  4a,  as  the  case  may  be,  valid  for  six  years  from 
the  date  of  issue  for  teaching  in  schools  or  classes  for 
the  trainable  retarded.     O.  Reg.  557/80,  s.  19. 

23.  Where  the  holder  of  a  Provisional  Letter  of 
Standing  granted  under  section  20  or  section  22  sub- 
mits to  the  Deputy  Minister  evidence  that  he  is  a 
Canadian  citizen,  the  Minister  may  grant  him  a  Per- 
manent Letter  of  Standing  valid  for  teaching  the  deaf 
only  or  valid  for  teaching  in  schools  or  classes  for  the 
trainable  retarded,  as  the  case  may  be.  O.  Reg.  557/ 
80,  s.  20. 

24. — (1)  A  person  who  holds  one  of  the  following 
certificates  and  who  is, 

(a)  a  Canadian  citizen ;  or 


Reg.  269 


EDUCATION 


181 


(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  Certi- 
ficate. 

4.  Interim  Elementary  School  Teacher's  Certi- 
ficate, Standard  1,  2,  3  or  4. 

5.  Interim  First  Class  Certificate. 

6.  Interim  High  School  Assistant's  Certi- 
ficate. 

7.  Interim  High  School  Assistant's  Certi- 
ficate, Type  A. 

8.  Interim  High  School  Assistant's  Certi- 
ficate Type  B. 

9.  Interim  Occupational  Certificate,  Type  A 
(Practical  Subjects). 

10.  Interim  Occupational  Certificate,  Type  B 
(Practical  Subjects). 

11.  Interim  Primary  School  Specialist's  Certi- 
ficate. 

12.  Interim  Second  Class  Certificate. 

13.  Interim  Vocational  Certificate,  Type  A. 

14.  Interim  Vocational  Certificate,  Type  B. 

15.  Occupational  Specialist's  Certificate  (Prac- 
tical Subjects). 

16.  Permanent  Commercial-Vocational  Certi- 
ficate. 

17.  Permanent  Elementary  School  Teacher's 
Certificate. 

18.  Permanent  Elementary  School  Teacher's 
Certificate,  Standard  1,  2,  3  or  4. 

19.  Permanent  First  Class  Certificate. 

20.  Permanent  High  School  Assistant's  Certi- 
ficate. 


21.  Permanent  Occupational  Certificate  (Prac- 
tical Subjects). 

22.  Permanent    Primary    School    Specialist's 
Certificate. 


23.  Permanent  Second  Class  Certificate. 

24.  Permanent  Vocational  Certificate. 

25.  Vocational  Specialist's  Certificate.  O.  Reg. 
407/78,  s.  24  (1);  O.  Reg.  97/79,  s.  4. 

(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  qualifica- 
tions held  by  the  person.     O.  Reg.  407/78,  s.  24  (2). 

(3)  A  person  who  holds  an  interim  certificate  refer- 
red to  in  subsection  (1)  and  who  is  not  a  Canadian 
citizen  continues  to  be  qualified  to  teach  in  accordance 
with  the  certificate  that  he  holds  until, 

(a)  the  30th  day  of  June,  1981;  or 

(b)  the  date  to  which  the  certificate  is  valid  as 
shown  thereon, 

whichever  is  the  later,  and  the  person  may,  upon 
becoming  a  Canadian  citizen,  be  granted  by  the  Minis- 
ter an  Ontario  Teachers'  Certificate  in  Form  1,  and  an 
Ontario  Teacher's  Qualifications  Record  Card  in  Form 
2  that  indicates  the  qualifications  that  he  holds.  O. 
Reg.  317/79,  s.  1. 

(4)  Where  a  person  who  held  a  Letter  of  Standing 
granted  before  the  1st  day  of  July,  1978  and  who  is  a 
Canadian  citizen  submits  to  the  Deputy  Minister  evi- 
dence 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,  as 
certified  by  the  appropriate  supervisory  officer,  in  a 
division  or  subject  for  which  the  Letter  of  Standing  is 
valid,  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 
indicates  the  qualifications  held  by  the  person. 
O.  Reg.  407/78,  s.  24  (4). 

25. — (1)  A  person  who  holds  one  of  the  following 
certificates  or  Letters  of  Standing  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 
subjects  in  which  he  is  qualified  by  the  certificate  or 
Letter  of  Standing  that  he  holds: 

1.  Elementary  Certificate  in  Teaching  Train- 
able Retarded  Children. 

2.  Elementary    Instrumental    Music    Certifi- 
cate, Type  A. 

3.  Elementary    Instrumental    Music    Certifi- 
cate, Type  B. 

4.  Elementary  Vocal  Music  Certificate,  Type 
A. 

5.  Elementary  Vocal  Music  Certificate,  Type 
B. 


182 


EDUCATION 


Reg.  269 


6.  Interim  Elementary  School  Teacher's  Cer- 
tificate Standard  1,  2,  3  or  4  (French  only). 

7.  Interim  Second  Class  Certificate  (French 
only). 

8.  Interim    Specialist    Certificate    in    Instru- 
mental Music. 

9.  Interim    Specialist    Certificate    in    Vocal 
Music. 

10.  Intermediate  Certificate  in  Teaching  Train- 
able Retarded  Children. 

11.  Intermediate   Industrial   Arts  Only  Certi- 
ficate. 

12.  Intermediate    Instrumental    Music    Certi- 
ficate, Type  A. 

13.  Intermediate    Instrumental    Music    Certi- 
ficate, Type  B. 

14.  Intermediate  Vocal  Music  Certificate.  Type 
A. 


15.  Intermediate  Vocal  Music  Certificate.  Type 
B. 

16.  Letter  of  Standing  (Renewable). 

17.  Permanent  Elementary  School  Teacher's 
Certificate,  Standard  1,  2,  3  or  4  (French 
only). 


18.  Permanent    Letter    of    Standing    (Renew- 
able). 

19.  Permanent  Second  Class  Certificate  (French 
only). 

20.  Permanent  Specialist  Certificate  in  Instru- 
mental Music. 

21.  Permanent  Sp)ecialist  Certificate  in  Vocal 
Music. 


22.  Specialist    Certificate    as    Teacher    of    the 
Blind. 


23.  Specialist    Certificate    as    Teacher    of    the 
Deaf. 


24.  Supervisor's    Certificate    in    Instrumental 
Music. 


25.  Supervisor's  Certificate  in  Vocal  Music. 

26.  Teacher  of  the  Trainable  Retarded. 


27.  Temporary  Certificate  as  Teacher  of  French 
to  English-speaking  Pupils  in  Elementary 
Schools.     O.  Reg.  407/78,  s.  25  (1). 

(2)  Where  the  dean  of  a  college  or  faculty  of  educa- 
tion 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  a  Canadian  citizen ; 

(f )  holds  a  certificate  or  Letter  of  Standing  listed 
in  subsection  (1); 

(d)  holds  an  acceptable  university  degree  or 
qualifications  the  Minister  considers  equiva- 
lent 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  estab- 
lished under  Part  XI  of  the  Act,  a  Secondary 
School  Honour  Graduation  Diploma;  and 

(e)  has  successfully  completed  approved  pro- 
grams with  concentration  in  two  divisions 

the  Minister  may  grant  to  the  candidate  an  Ontario 
Teacher's  Certificate  in  Form  1  and  an  Ontario 
Teacher's  Qualifications  Recorrl  Card  in  P'orm  2  that 
indicates  the  areas  of  concentration  successfully  com- 
pleted. O.  Reg.  407/78,  s.  25  (2);  O.  Reg.  16/80,  s.  2; 
O.  Reg.  557/80,  s.  21  (1). 

(3)  A  person  who  holds  a  Deferred  Elementary 
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  is  qualified  by  the  certificate  that  he  holds 
and,  upon  submission  to  the  Ministry  of  evidence  that 
he  has  completed  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  Quali- 
fications Record  Card  in  P'orm  2  that  indicates  the 
qualifications  held  by  the  person.  O.  Reg.  407/78. 
s.  25  (3). 

(4)  A  person  who  holds  an  Interim  Commercial- 
Vocational  Certificate  that  was  valid  on  the  30th  day 
of  June.  1978,  subject  to  the  conditions  and  require- 
ments pertaining  to  such  certificate,  remains  qualified 
to  teach  in  the  schools  and  classes  for  which  he  is 
qualified  by  the  certificate  he  holds,  and  upon  submis- 
sion to  the  Ministry,  on  or  before  the  30th  day  of  June, 
1981,  of  evidence  that  he  has  met  the  requirements  for 
a  Permanent  Commercial-Vocational  Certificate  in 
force  at  the  time  the  interim  certificate  was  issued,  the 
Minister  may  grant  to  the  person  an  Ontario  Teacher's 
Certificate  in  Form  1  and  an  Ontario  Teacher's  Qual- 
ifications Record  Card  in  Form  2  that  indicates  the 
qualifications  held  by  the  person.  O.  Reg.  55  7/80, 
s.  21  (2). 


Reg.  269 


EDUCATION 


183 


Part  n 

ADDITIONAL  QUALIFICATIONS  FOR  TEACHERS 

26.  A  session  of  a  course  leading  to  an  addi- 
tional qualification  shall  consist  of  a  minimum  of 
125  hours  of  work  that  is  approved  by  the  Minister. 
O.  Reg.  407/78,  s.  26. 

27.  Where  the  dean  of  a  college  or  faculty  of  educa- 
tion 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; 

(6)  holds  an  acceptable  university  degree  or 
qualifications  the  Minister  considers  equiv- 
alent thereto;  and 

(f)  has  successfully  completed  an  approved 
program  leading  to  qualifications  in  an 
additional  area  of  concentration  in  the 
primary  division,  the  junior  division,  the 
intermediate  division  in  general  studies  or 
the  senior  division  in  general  studies, 

the  Minister  may  have  entered  on  the  candidate's 
Ontario  Teacher's  Qualifications  Record  Card  such 
additional  area  of  concentration.  O.  Reg.  407/78,  s. 
27(1);0.  Reg.  557/80,  s.  22. 

28. — (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; 

{b)  has  successfully  completed  an  approved 
program  leading  to  additional  qualifica- 
tions in  a  subject  listed  in  Schedule  C ;  and 

(f)  has  demonstrated  appropriate  competence 
in  such  subject, 

the  Minister  may  have  entered  on  the  candidate's 
Ontario  Teacher's  Qualifications  Record  Card  the 
additional  qualification  in  such  subject. 

(2)  Except  where  the  additional  qualification  is 
in  Industrial  Arts,  an  additional  qualification  may 
not  be  entered  under  subsection  (1)  on  the  Ontario 
Teacher's  Qualifications  Record  Card  of  a  candidate 
whose  area  of  concentration  in  the  program  of 
professional  education  that  qualified  him  for  the 
Ontario  Teacher's  Certificate  was  not  in  the  inter- 
mediate and  senior  divisions  in  technological  studies 
unless  the  candidate  has  at  least  twenty-four 
months  of  wage-earning  experience  related  to  the 
subject  for  which  such  additional  qualification  is  to 
be  entered.    O.  Reg.  407/78,  s.  28. 


29.  Where  a  candidate  who  holds  the  Ontario 
Teacher's  Certificate,  and  whose  Ontario  Teacher's 
Qualifications  Record  Card  shows  areas  of  con- 
centration in  two  or  more  of  the  primary  division, 
junior  division  or  intermediate  division  of  an 
elementary  school,  and  that  his  program  of  pro- 
fessional education  was  taken  in  English,  has 
successfully  completed  an  approved  program  referred 
to  in  clause  27  (c)  that  is  conducted  in  French  and  that 
leads  to  a  qualification  to  teach  in  the  primary  divi- 
sion, the  junior  division  or  the  intermediate  division  of 
a  French-language  elementary  school  or  class  estab- 
lished under  Part  XI  of  the  Act,  the  Minister  may  have 
entered  on  the  candidate's  Ontario  Teacher's  Qualifi- 
cations Record  Card  the  areas  of  concentration  suc- 
cessfully completed.     O.  Reg.  407/78,  s.  29. 


ONE   SESSION  COURSES 

30.  Where  the  principal  of  a  single-session  course 
leading  to  a  qualification  listed  in  Schedule  D,  or  the 
dean  of  a  colkge  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;  and 

(b)  has  successfully  completed  the  approved 
program  for  the  single  session  course  lead- 
ing to  an  additional  qualification  in  a  sub- 
ject listed  in  Schedule  D, 

the  Minister  may  have  entered  upon  the  candidate's 
Ontario  Teacher's  Qualifications  Record  Card  the 
quahfication  in  such  subject.  O.  Reg.  407/78,  s.  30; 
O.  Reg.  97/79,  s.  5. 


THREE  SESSION  SPECIALIST  COURSES 

31.  Where  the  principal  of  the  first  session  of  a 
three-session  course  leading  to  a  qualification  listed 
in  Schedule  E,  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  and  in  the  case  of, 

(i)  all  qualifications  listed  in  Schedule  E 
except  Guidance,  Industrial  Arts, 
Media,  Multiculturalism  in  Educa- 
tion, Music-Instrumental,  Music- 
Vocal  (Primary,  Junior),  Music- Vocal 
(Intermediate,  Senior),  Specijil  Edu- 
cation and  Visual  Arts,  the  candidate's 
Ontario  Teacher's  QualiHcations 
Record  Card  has  an  entry  showing 
qualifications  in  the  primary  division, 
the  junior  division,  the  intermediate 


184 


EDUCATION 


Reg.  269 


division   in   general   studies,   or  the 
senior  division  in  general  studies,  or 

(ii)  Primary  Education,  Junior  Educa- 
tion, and  Intermediate  Education,  the 
candidate's  Ontario  Teacher's  Qualifi- 
cations Record  Card  has  an  entry  for 
the  area  of  concentration  for  the  cor- 
responding division;  and 

(b)  has  successfully  completed  the  approved 
program  for  the  first  session  of  a  course 
leading  to  an  additional  qualification  in 
a  subject  listed  in  Schedule  E, 

the  Minister  may  have  entered  upon  the  candidate's 
Ontario  Teacher's  Qualifications  Record  Card  the 
Part  I  qualification  in  such  subject.  O.  Reg.  407/78, 
s.  31;  O.  Reg.  97/79,  s.  6;  O.  Reg.  557/80,  s.  23. 

32.  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; 

(b)  has  successfully  completed  the  first  session, 
or  the  equivalent  thereof,  of  a  course  lead- 
ing to  an  additional  qualification  in  a 
subject  listed  in  Schedule  E;  and 

(c)  has  successfully  completed  the  approved 
program  for  the  second  session  of  such 
course, 

the  Minister  may  have  entered  upon  the  candidate's 
Ontario  Teacher's  Qualifications  Record  Card  the 
Part  II  qualification  in  such  subject.  O.  Reg. 
407/78,  s.  32. 

33.  Where  the  principal  of  the  third  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; 

(6)  has  successfully  completed  the  second 
session,  or  the  equivalent  thereof,  of  a 
course  leading  to  an  additional  qualifica- 
tion in  a  subject  listed  in  Schedule  E ; 

(c)  submits  evidence  of  at  least  two  years  of 
successful  teaching  experience  in  Ontario, 
of  which  at  least  one  year  includes 
experience  in  such  subject,  as  certified  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  Teacher's  Qualifications  Record  Card  the 
specialist  qualification  in  such  subject.  O.  Reg. 
407/78,  s.  33. 

34.  Where  the  dean  of  a  college  or  faculty  of  educa- 
tion 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  Teacher'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 
30,  31,  32,  33,  37,  42  or  43, 

the  Minister  may  grant  to  the  candidate  a  letter  indi- 
cating that  the  candidate  holds  the  appropriate  addi- 
tional qualification.     O.  Reg.  557/80,  s.  24. 

35. — (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  specialist  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  evidence  satisfactory  to  the  Minister 
of  the  completion  of  such  requirements,  have 
entered  on  such  teacher's  Ontario  Teacher's  Quali- 
fications Record  Card  the  specialist  qualification  in 
Guidance. 

(2)  A  teacher  who  holds  or  is  deemed  to  hold  afi 
Ontario  Teacher'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  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  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  Librarian- 
ship.     O.  Reg.  97/79,  s.  7. 

36.  A  teacher  who  holds  a  special  certificate  in 
a  subject  listed  in  Schedule  D,  E  or  F,  or  a  special 
certificate  no  longer  issued,  continues  to  be  qualified 
in  accordance  with  such  certificate,  and  the  Minister 
shall  have  the  additional  qualification  correspond- 
ing to  such  special  certificate  recorded  on  the 
teacher's  Ontario  Teacher's  Qualifications  Record 
Card  where  the  teacher  holds  or  is  granted  an 
Ontario  Teacher's  Certificate.    O.  Reg.  407/78,  s.  35. 

ONE  SESSION  HONOUR  SPECIALIST  COURSE 

37. — (1)  Where  the  dean  of  a  college  or  faculty 
of  education  in  Ontario  reports  to  the  Deputy 
Minister  that  a  candidate  for  an  Honour  Specialist 


Reg.  269 


EDUCATION 


185 


qualification    in    a    subject    or    subjects    listed    in 
Schedule  F, 

(a)  holds  or  is  deemed  to  hold  an  Ontario 
Teacher's  Certificate  and  the  candidate's 
Ontario  Teacher's  Qualifications  Record 
Card  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  uni- 
versity 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 
subject  or  subjects  in  which  the 
candidate  seeks  an  Honour 
SpeciaUst  qualification,  in- 
cluding, in  the  case  of  two  sub- 
jects, at  least  forty-two  uni- 
versity 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  supervisory 
officer,  at  least  one  year  of  which  is  in 
the  subject  or  one  or  both  of  the  subjects 
in  which  the  Honour  Specialist  qualifica- 
tion is  sought ;  and 

id)  has  successfully  completed  subsequent  to 
the  experience  referred  to  in  clause  (c)  the 
approved  program  for  the  Honour  Spe- 
cialist qualification  in  such  subject  or 
subjects, 

the  Minister  may  have  entered  upon  the  candidate's 
Ontario  Teacher's  Qualifications  Record  Card  the 
Honour  Sf>ecialist  qualification  in  such  subject  or 
subjects.  O.  Reg.  407/78,  s.  36  (1);  O.  Reg.  97/79, 
s.  8;  O.  Reg.  557/80,  s.  25  (1). 

(2)  A  university  credit  that  has  been  used  to  meet 
the  requirements  for  an  Honour  Specialist  qualifica- 
tion established  by  clause  (1)  (b)  shall  not  be  used  to 
meet  the  requirements  for  another  Honour  Specialist 
qualification.     O.  Reg.  557/80,  s.  25  (2). 


(3)  For  the  purpose  of  clause  (1)  (b),  a  university 
credit  in-  Anthropology,  Psychology  or  Sociology 
shall  be  deemed  to  be  a  university  credit  in  Man 
in  Society.     O.  Reg.  407/78,  s.  36  (2). 

(4)  Where  the  dean  of  a  college  or  faculty  of  educa- 
tion 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; 

{b)  has  entries  on  his  Ontario  Teacher's  Quali- 
fications Record  Card  indicating  qualifica- 
tions in  at  least  three  of  the  subjects 
listed  in  Schedule  C  including  at  least  one 
at  both  the  basic  and  the  advanced  level; 

(c)  submits  evidence  of  at  least  two  years  of 
successful  teaching  experience  in  tech- 
nological studies  in  Ontario,  certified  by 
the  appropriate  supervisory  officer; 

id)  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  Honour  Tech- 
nological Studies  Specialist  qualification, 

the  Minister  may  have  entered  upon  the  candidate's 
Ontario  Teacher's  Qualifications  Record  Card  the 
Honour  Technological  Studies  Specialist  qualifica- 
tion.    O.  Reg.  407/78,  s.  36  (3);  O.  Reg.  16/80,  s.  4. 

38. — (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  Occupational 
Certificate,  Type  A  completes  the  requirements  for 
such  certificate  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.  O.  Reg.  97/79, 
s.  9. 

(2)  Where  a  teacher  who, 

(a)  held  an  Interim  High  School  Assistant's  Cer- 
tificate, 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 


186 


EDUCATION 


Reg.  269 


before  the  1st  day  of  July,  1978,  the  Minister  may  have 
entered  on  the  teacher's  Ontario  Teacher's  Qualifica- 
tions Record  Card  the  appropriate  Honours  Specialist 
qualification.     O.  Reg.  407/78,  s.  37  (2). 


principal's  qualifications 

39. — (1)  The  course  leading  to  principal's  qualifi- 
cations shall  consist  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  Quali- 
fications Record  Card  has  the  entry  for  the  Pro- 
gram Supervision  and  Assessment  qualification 
holds  principal's  qualifications.  O.  Reg.  407/78, 
s.  38. 

40.  An  applicant  for  admission  to  a  course  leading 
to  the  Program  Development  and  Implementation 
qualification  shall, 

(a)  hold  or  be  deemed  to  hold  an  Ontario 
Teacher's  Certificate ; 

(6)  hold  concentrations  in  three  divisions 
including  the  intermediate  division,  as 
indicated  on  the  applicant's  Ontario  Teach- 
er's Qualifications  Record  Card; 

(c)  provide  evidence  of  five  years  of  successful 
teaching  experience  in  Ontario,  certified  by 
the  appropriate  supervisory  officer;  and 

{d)  hold  or  provide  evidence  of  one  of, 

(i)  a  Specialist  or  Honours  Specialist 
qualification  as  indicated  on  the 
applicant's  Ontario  Teacher's  Quali- 
fications Record  Card, 

(ii)  a  Master's  Degree  or  Doctorate 
that  is  acceptable  to  the  Minister, 

(iii)  successful  completion  of  such  num- 
ber of  post-graduate  courses  accept- 
able to  the  Minister  as  is  equivalent 
to  the  number  of  post-graduate 
courses  that  are  required  to  qualify 
for  a  Master's  Degree,  or 

(iv)  an  area  of  concentration  in  a  fourth 
division  as  indicated  on  the  appli- 
cant's Ontario  Teacher's  Qualifica- 
tions Record  Card  and  an  additional 
five  years  of  successful  teaching 
experience  beyond  that  required 
by  clause  (c).  O.  Reg.  407/78,  s.  39; 
O.  Reg.  557/80,  s.  26. 

41.  An  applicant  for  admission  to  a  course  lead- 
ing  to    the    Program    Supervision    and    Assessment 


qualification  shall  have  an  entry  on  his  Ontario 
Teacher's  Qualifications  Record  Card  indicating 
that  the  applicant  holds  the  Program  Development 
and  Implementation  qualification.  O.  Reg.  407/78, 
s.  40. 

42.  Where  the  principal  of  a  course  leading  to  the 
Program  Development  and  Implementation  quali- 
fication reports  to  the  Deputy  Minister  that  a  candi- 
date holds  the  admission  requirements  set  forth  in 
section  40  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  Implementation  quali- 
fication.    O.  Reg.  97/79,  s.  10. 

43.  Where  the  principal  of  a  course  leading  to  the 
Program  Supervision  and  Assessment  qualification 
reports  to  the  Deputy  Minister  that  a  candidate 
holds  the  admission  requirements  set  forth  in  section 
41  or  47  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. 
O.  Reg.  97/79,  s.  11. 

44.  Where  the  principal  of  a  Principal's  Refresher 
Course  reports  to  the  Deputy  Minister  that  a  candi- 
date, 

(a)  holds  principal's  qualifications; 

{b)  has  two  years  of  successful  experience  as 
a  principal  as  certified  by  the  appropriate 
supervisory  officer;  and 

(f)  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.  O.  Reg. 
407/78.  s.  43. 

45.  A  teacher  who  holds  a  High  School  Principal's 
Certificate,  an  Elementary  School  Principal's  Certifi- 
cate, a  Secondary  School  Principal's  Certificate,  Type 
B,  a  Secondary  School  Principal's  Certificate,  Type  A, 
a  Secondary  School  Principal's  Certificate  or  a  Voca- 
tional School  Principal's  Certificate,  whether  such  cer- 
tificate is  an  interim  certificate  or  a  permanent  certifi- 
cate, remains  qualified  within  the  limitations  of  the 
certificate  that  he  holds  except  that  the  interim  qualifi- 
cation will  not  lapse  after  the  five-year  period  of 
validity,  and  such  qualification  shall  be  shown  on  his 
Ontario  Teacher's  Qualifications  Record  Card. 
O.  Reg.  557/80,  s.  27. 

46.  A  teacher  who  holds  an  Elementary  School 
Inspector's  Certificate  shall  be  deemed  to  hold  an 
Elementary  School  Principal's  Certificate.  O.  Reg. 
407/78,  s.  45. 

47.  Notwithstanding  section  41,  a  teacher  who 
holds  or  who  is  deemed  to  hold  an  interim  or 
permanent  Elementary  School  Principal's  Certificate, 
or  who  holds  an  interim  or  permanent  Secondary 


Reg.  269 


EDUCATION 


187 


School  Principal's  Certificate,  Type  B,  an  interim 
or  permanent  Vocational  School  Principal's  Certifi- 
cate, an  interim  Secondary  School  Principal's  Certifi- 
cate, or  an  interim  Secondary  School  Principal's 
Certificate,  Type  A,  may  be  admitted  to  the  course 
leading  to  the  Program  Supervision  and  Assessment 
qualification.     O.  Reg.  97/79,  s.  13. 

48. —  (1)  Where  a  teacher  held  an  interim  Elementary 
School  Principal's  Certificate,  an  interim  Secondary 
School  Principal's  Certificate,  Type  B,  or  an  interim 
Secondan.'  School  Principal's  Certificate,  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.  O.  Reg.  407/78, 
s.  47  (1). 

(2)  A  teacher  who  holds  a  permanent  Secondary 
School  Principal's  Certificate,  Type  A  or  a  permanent 
Secondary  School  Principal's  Certificate  is  deemed 
to  hold  principal's  qualifications.  O.  Reg.  97/79, 
s.  14. 


Part  III 

LETTERS  OF   PERMISSION 

49.  Where  the  director  of  education  or  secretary 
of  a  board  submits  to  the  appropriate  Regional 
Director  of  Education  of  the  Ministry  in  duplicate 
an  application  in  Form  7  or  la  together  with 
evidence  that, 

(a)  the  board  has  advertised  at  least  three 
times,  stating  the  salary,  in  a  daily  news- 
paper having  provincial  circulation  in 
Ontario  a  position  for  which  a  teacher  is 
required  under  the  regulations; 

(6)  where  employment  is  for  a  period  com- 
mencing the  first  school  day  in  September 
and  continuing  at  least  until  the  31st  day 
of  December,  at  least  one  such  advertise- 
ment appeared  after  the  1st  day  of 
August  preceding  such  period; 


(f)  where  employment  is  for  a  period  com- 
mencing 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  pre- 
ceding such  period;  and 

{d)  seven  days  have  passed  since  the  date  of 
the  final  advertisement,  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. 
O.  Reg.  407/78,  s.  48. 

Part  IV 

TEMPORARY  LETTERS  OF  APPROVAL 

50.  Where  the  director  of  education  or  secretary 
of  a  board  submits  to  the  appropriate  Regional 
Director  of  Education  of  the  Ministry  in  duplicate 
an  application  in  Form  8  or  8a  certifying  that, 

(o)  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.  O.  Reg.  407/78,  s.  49;  O. 
Reg.  557/80,  s.  28. 


188 EDUCATION Reg.  269 

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 

French  (Second  language) 

French  (First  language)  -  frangais 

Geography 

German 

History 

Home  Economics 

Industrial  Arts 

Italian 

Man  in  Society 

Mathematics 

Music  -  Instrumental 

Music  -  Vocal 

Political  Science 

Physical  and  Health  Education 

Russian 

Science  -  General 

Science  -  Biology 

Science  -  Chemistry 

Science  -  Geology 

Science  -  Physics 

Spanish 

Visual  Arts 

O.  Reg.  407/78,  Sched.  A;  O.  Reg.  557/80,  s.  29. 


SCHEDULE  B 

Intermediate  and  Senior  Division  Options 

taken  in  English  or  French 

English  as  a  Second  Language 

French  as  a  Second  Language 

Guidance 

Librarianship 

Media 

Reading 

Special  Education 


O.  Reg.  407/78,  Sched.  B. 


Reg.  269 


EDUCATION 


189 


SCHEDULE  C 
Technological  Studies  Options 
taken  in  English  or  French 


BASIC  LEVEL 


Business 

Clerical  Practice 

Merchandising 

Warehousing 

Construction 

Building  Maintenance 
Painting  &  Decorating 
Plumbing 

Refrigeration,  Air 
Conditioning  &  Heating 

Trowel  Trades 


Woodwork 


ADVANCED  LEVEL 

Business 

Clerical  Practice 

Merchandising 

Warehousing 

Construction 

Building  Maintenance 

Painting  &  Decorating 

Plumbing 

Refrigeration 

Air  Conditioning 

Heating  &  Ventilation 

Plaster 

Concrete 

Masonry 

Carpentry 

Cabinet  Making 


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 


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 
V7elding 


Materials,  Processes  &  Design 
Industrial  Arts 
Project  Design 


Materials,  Processes  &  Design 
Industrial  Arts 
Project  Design 


190 


EDUCATION 


Reg.  269 


Music 
Music 


Natural  Resources 

Natural  Resource  Management 


Music 

Music  -  Instrumental 
Music  -  Vocal 

Natural  Resources 

Natural  Resource  Management 


Personal  Services 
Cosmetology 
Home  &  Fairtily  Care 
Hospital  Services 

Textiles 

Textile  Maintenance 
Textiles  &  Clothing 
Upholstery 

Transportation 
Aircraft 
Auto  Body 
Automotive 
Small  Engines 


Personal  Services 
Cosmetology 
Home  &   Family  Care 
Hospital  Services 

Textiles 

Textile  Maintenance 
Textiles  &  Clothing 
Upholstery 

Transportation 
Aircraft 
Auto  Body 
Automotive 
Small  Engines 


O.  Reg.  407/78,  Sched.  C. 


SCHEDULE  D 
One  Session  Qualifications 
taken  in  English  or  French 


Associate  Teacher 


Childhood  Education 

Childhood  Education  in  Great  Britain 

Community  School  Development 

Driver  Education  Instructor 

Integrated  Arts 

Law 


Preschool  Deaf  Education 

Teaching  Children  with  Language  Difficulties  -  Aphasia 

Teacher  of  Cree 

Teacher  of  Mohawk 

Teacher  of  Native  Children 

Teacher  of  Ojibway 

O.  Reg.  407/78,  Sched.  D;  O.  Reg.  16/80,  s.  5;  O.  Reg.  557/80,  s.  30. 


SCHEDULE  E 
Three  Session  Qualifications 
taken  in  English  or  French 

Business  Education  -  Accounting 

Business  Education  -  Data  Processing 

Business  Education  -  Marketing  &  Merchandising 

Business  Education  -  Secretarial 

Dramatic  Arts 

English  as  a  Second  Language 

Environmental  Science 

French  as  a  Second  Language 


Reg.  269 EDUCATION 191 

Guidance 

Home  Economics 

Indus.tr ial  Arts 

Intermediate  Education 

Junior  Education 

Librarianship 

Media 

Multiculturalism  in  Education 

Music  -  Instrumental 

Music  -  Vocal  (Primary,  Junior) 

Music  -  Vocal  (Intermediate,  Senior) 

Physical  and  Health  Education  (Primary,  Junior) 

Physical  and  Health  Education  (Intermediate,  Senior) 

Primary  Education 

Reading 

Religious  Education 

Special  Education 

The  Blind 

The  Deaf 

The  Deaf/Blind 

Visual  Arts 


O.  Reg.  407/78,  Sched.  E. 


SCHEDULE    F 

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 

French  (Second  language) 

French  (First  language)  -  frangais 

Geography 

Geology 

German 

Greek 

History 

Home  Economics 

Italian 

Latin 

Man  in  Society 

Mathematics 

Music 

Physical  and  Health  Education 

Physics 

Political  Science 

Russian 

Science 

Spanish 

Visual  Arts 


O.  Reg.  407/78,  Sched.  F;  O.  Reg.  97/79,  s.  15. 


192 


EDUCATION 


Reg.  269 


FORM  1 
Education  Act 

ONTARIO  TEACHER'S  CERTIFICATE 
BREVET  D ' ENSEIGNEMENT  DE  L' ONTARIO 


THIS  IS  TO  CERTIFY  THAT 


NOUS,  SOUSSIGNES,  CERTIFIONS  QUE 


Ncune  in  full 

having  complied  with  the 
regulations  made  under  the 
Education  Act,  is  hereby 
granted  an 


nom  en  toutes  lettres 

ayant  satisfait  aux  exigences 
des  r^glements  €tablis  selon 
la  loi  sur  1' Education  revolt 
par  la  pr^sente  un 


ONTARIO  TEACHER'S  CERTIFICATE 
BREVET  D ' ENSEIGNEMENT  DE  L' ONTARIO 


valid  in  the  schools  of 
Ontario  in  accordance  with 
the  regulations  made  under 
the  Education  Act. 


valable  dans  les  ecoles  de 
1* Ontario  d'apres  les 
rdglements  etablis  selon  la 
Loi  sur  1' education. 


Number 
Num6ro 


Dated  at  Toronto  this 
Fait  h.   Toronto,  ce 


day  of 

jour  du  mois  de 


19.... 


DEPUTY  MINISTER  LE  SOUS-MINISTRE 


MINISTER  OF 
EDUCATION 


LE  MINISTRE  DE 

L' Education 


O.  Reg.  407/78,  Form  1. 


Reg.  269 EDUCATION 193 

FORM  2 
Education  Act 

ONTARIO  TEACHER'S  QUALIFICATIONS  RECORD  CARD 
CARTE  DES  QUALIFICATIONS  DE  L'ENSEIGNANT  DE  L' ONTARIO 

Issued  to:  S.I.N. 

Delivrie  S  N.A.S 


Date  Degree  (s) Date  of  Birth 

Grade (s)         Date  de  naissance 


DEPUTY  MINISTER   LE  SOUS-MINISTRE   MINISTER  OF   LE  ^;INISTRE  DE 

EDUCATION     L' EDUCATION 


BASIC  QUALIFICATIONS  ADDITIONAL  QUALIFICATIONS 

QUALIFICATIONS  DE  BASE  QUALIFICATIONS  ADDITIONNELLES 

Institution  Attended  Year  Year 

Etablissement  fr§quent6  Annie  Qualifications  AnnSe 


Areas  of  Concentration 
Secteurs  de  concentration 

Year 
Initial  Annie 


Additional  Year 

Additionnel  Annie 


O.  Reg.  407/78,  Form  2. 


194 


EDUCATION 


Reg.  269 


FORM  3 
Education  Act 

TEMPORARY  LETTER  OF  STANDING 
for 

(Name  in  full) 


(Canadian  Citizen  or  Permanent  Resident) 


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 


O.  Reg.  557/80,  s.  31. 


Reg.  269 


EDUCATION 


195 


Form  3a 

LOI  SUR  L' EDUCATION 
ATTESTATION  TEMPORAIRE  DE  COMPETENCE 
decern^e  a 

(Norn  au  complet) 
(citoyen  canadien  ou  resident  permanent) 


Vu  votre  formation  scolaire  ou  technologique  et 
professionnelle ,  vous  recevez  par  la  presente  une  ATTES- 
TATION TEMPORAIRE  DE  COMPETENCE  valide  jusqu'au  

,  vous  autorisant  a  enseigner  en  Ontario 

dans  les  ecoles  et  les  classes  de  langue  fran^aise  insti- 
tuees  en  vertu  de  la  loi  sur  1' education,  partie  XI. 

La  formation  professionnelle  fut  completee 


NUMI^RO 


DATE 


LE  SOUS-MINISTRE 


LE  MINISTRE  DE 

L • Education 


O.  Reg.  557/80,  s.  2>2. 


196  EDUCATION  Reg.  269 

FORM  4 
Education  Act 
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 

O.  Reg.  557/80,  s.  33. 


Reg.  269 EDUCATION 197 

Form  4a 

LOT  SUR  L' EDUCATION 

ATTESTATION  PROVISOIRE  DE  COMPETENCE 

NOUS,  SOUSSIGNES,  CERTIFIONS  QUE 

t 

ayant  satisfait  aux  exigences  des  reglements  ^tablis  selon 
la  Loi  sur  1' education,  re9oit  par  la  presente  une 

ATTESTATION  PROVISOIRE  DE  COMPETENCE  valide  jusqu'au  

• pour  enseigner  en  Ontario  dans  les 

^coles  et  les  classes  de  langue  fran9aise  institutes  en 
vertu  de  la  Loi  sur  1* Education,  partie  XI, 

La  formation  professionnelle  fut  compl§t^e 

Num^ro  

Fait  a  Toronto  ce  jour  du 

mois  de  19  .  .  . 

LE    SOUS-MINISTRE  LE   MINISTRE    DE 

L'EfDUCATION 


RENOUVELLEMENT 


LE  ^MINISTRE  DE 
L '  EDUCATION 


1. 


O.  Reg.  557/80,  s.  34. 


198 EDUCATION  Reg.  269 

FORM  5 
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 

15  (Dor  16 
Qualifications  Regulation.   When  you  have  conformed  with  the  re- 
quirements of  section  ,  you  will  qualify 

15  (2)or  17 
for  a  Temporary  Letter  of  Standing. 


Dated  at  Toronto  this day 

of  19... 


DIRECTOR 

TEACHER  EDUCATION  BRANCH 


Statement  of  Board  Supervisory  Officer 

This  is  to  certify  that the  holder  of  this  Letter  of  EligibiHty  has  been 

(Name) 

offered  a  position  as  a  teacher  with for  the  school  year 

(Name  of  Board) 
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.  407/78,  Form  5;  O.  Reg.  97/79,  s.  16. 


Reg.  269         EDUCATION ]22. 

FORM  5a 
LOI  SUR  L' EDUCATION 

ATTESTATION  D ' ADMISSIBILITE 
d^cernie  a 


(nom) 

Consid^rant  votre  formation  scolaire  et  professionnelle, 

nous  vous  d^cernons  la  pr6sente  ATTESTATION  D' ADMISSIBILITE 

valable  pour  un  an,  en  vertu  de  1' article  du 

15  (1)  ou  16 

r^glement  sur  les  qualifications  de  I'enseignant  de  1' Ontario. 

Lorsque  vous  aurez  satisfait  aux  exigences  de  1' article 

,  vous  serez  apte  a  recevoir  une  attestation 

15  (2)  ou  17 

temper aire  de  competence. 

Fait  a  Toronto  ce  jour  du  mois  19   . 


Directeur 

Direction  de  la  formation 

des  enseignants 


Declaration  de  I'agent  de  supervision  du  conseil  scolaire 

Je,  soussign^,  certifie  que titulaire  de  cette  attestation 

(nom) 

d'admissibilit6,  a  re9u  une  offre  d'emploi  comme  enseignant  au  conseil  scolaire 


pour  I'annte  scolaire sous  rfeerve  qu'il  obtienne  une  attestation  temporaire  de  comf)etence ; 

je  certifie  de  plus  que  le  candidate  possede  une  bonne  maitrise  du  fran^ais  pour  satisfaire  aux  t&ches  et 
aux  exigences  de  sa  profession  d'enseignant. 

Fait  k ce jour  du  mois  de 19 

Agent  de  supervision 

Poste 
O.  Reg.  407/78.  Form  5a;  O.  Reg.  97/79,  s.  17. 


200 EDUCATION Reg.  269 

FORM   6 

Education  Act 

PEPKANENT  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 


O.  Reg.  407/78,  Form  6. 


Reg.  269 EDUCATION 201 

FORM  6a 

LOT  suR  L' Education 

ATTESTATION  PERMANENTE  DE  COMPETENCE 
NOUS,  SOUSSIGNES,  CERTIFIONS  QUE 


(nom) 


ayant  satisfait  aux  exigences  des  reglements  etciblis  selon 

la  Loi  sur  1' education,  reyoit  par  la  presente  une  ATTESTATION 

PERMANENTE  DE  COMPETENCE  pour  enseigner 


aux en  Ontario. 

61§ves  sourds  ou  d^biles  moyens 


Num^ro  

Fait  ^  Toronto  ce  jour  du 

mois  de  19... 


LE    SOUS-MINISTRE  LE   MINISTRE 

DE    L' EDUCATION 


O.  Reg.  407/78,  Form  6a. 


202 EDUCATION Reg.  269 

FORM  7 
Education  Act 

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  

Status  in  Canada  (citizen  or  permanent  resident) 

as  a  teacher  of  the     divisions 

at     school . 

from 19...  to  19... 

I  certify  and  attach  evidence  that  the  board  has  complied 
with  section  49  of  the  Ontario  Teacher's  Qualification  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 


O.  Reg.  407/78,  Form  7. 


Reg.  269  EDUCATION 203 

FORM  7a 
LOT  SUR  L' EDUCATION 

DEMANDE  DE  PERMISSION  INTERIMAIRE 


Au  directeur  regional  de  1' Education  du  ministfere; 


Au  nom  du  

(nom  du  conseil  scolaire) 


UNE  PERMISSION  INTERir^AIRE  est  demand^e  pour  I'emploi  de 


nom  en  toutes  lettres 


Num^ro  d ' assurance  sociale  

Statut  au  Canada  (citoyen  ou  resident  permanent) 

en  quality  d'enseignant  aux  cycles  

a  1 • gcole  


du 19...  au 19... 

Je  certifie  et  joins  la  preuve  que  le  conseil  scolaire  a 
satisfait  a  1' article  49  du  reglement  sur  les  qualifications 
de  I'enseignant  de  1 'Ontario.  Veuillez  trouver  ci-jointe  une 
copie  de  I'annonce  publicitaire  la  plus  recente  off rant  la 
position  pour  laquelle  on  demande  une  permission  interimaire. 

Date  ^ 

Le  directeur  de  1' Education 
ou  le  secretaire  du  conseil 
scolaire 


PERMISSION  INTERIMAIRE  ACCORDEE  PAR  LA  PRESENTS. 
Date  


Le  directeur  regional 
de  1 • Education 


O.  Reg.  407/78,  Form  la. 


204    EDUCATION Reg.  269 

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 ) 

A  TEMPORARY  LETTER  OF  APPROVAL  is  requested  to  employ 


(  name  in  full) 

Social  Insurance  Number  

Basic  Certification  

as  a  

(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  reauired  by  the  regulations 
for  the  position,  and  that  the  teacher  named  herein  is  com- 
petent 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 


O.  Reg.  557/80,  s.  35. 


Reg.  269 EDUCATION 205 

Form  80 

Loi  suR  L' Education 

DEMANDS  D' APPROBATION  TEMPORAIRE 

Au  directeur  regional  de  1' Education  du  ministere; 

Au  nom  du  

^ nom  du  conseil  scolaire) 

UNE  APPROBATION  TEMPORAIRE  est  demandee  pour  I'emploi  de 


(nom  au  complet) 

Numero  d ' assurance  sociale  

Brevet  de  base  

En  qualite  de 


(enseignant,  directeur  d'^cole,  etc.^ 

de  

(matiere,  cycle,  ecole  ) 

du 19...   au  19... 

Je  certifie  que  le  conseil  scolaire  estime  necessaire  de 
nommer  ou  d'affecter  a  ce  poste  1' enseignant  susnomme  qui  ne 
possede  pas  les  qualifications  additionnelles  exigees  pour  ce 
poste  par  les  reglements  et  que  cet  enseignant  possede  la 
competence  voulue  pour  en  exercer  les  fonctions. 


Date  , 

Le  directeur  de  1' Education 
ou  le  secr6taire  du  conseil 
scolaire 


LETTRE  D' APPROBATION  TEMPORAIRE  ACCORDEE  PAR  LA  PRESENTE. 


Date  

Le ^directeur  regional  de 
1 'Education 


O.  Reg.  557/80,  s.  36. 


* 


Reg.  270 


EDUCATION 


207 


REGULATION  270 


under  the  Kdiication  Act 


PRACTICE  AND  PROCEDURE— BOARDS  OF 
REFERENCE 

1.  In  this  Regulation, 

(a)  "applicant"  means  a  person  in  respect  of 
whose  application  the  Minister  has  granted 
a  Board ; 

ib)  "Board"  means  a  Board  of  Reference  that  is 
granted  by  the  Minister  under  section  241  of 
the  Act; 

(f)  "reference"  means  proceedings  before  a 
Board;  and 

(d)  "respondent"  means  a  party  to  a  reference 
other  than  the  applicant.  O.  Reg.  519/75, 
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  con- 
tract ;  and 

(b)  where  a  teacher  is  the  applicant,  the 
teacher  and  the  board  that  dismissed  the 
teacher  or  terminated  his  contract. 
O.  Reg.  519/75,  s.  2. 

3.  Except  as  provided  by  section  7,  the  minimum 
rules  for  proceedings  provided  in  Part  I  of  the  Statut- 
ory Powers  Procedure  Act,  apply  to  a  reference. 
O.  Reg.  519/75,  s.  3. 

4.  The  chairman  of  the  Board  shall  cause  three 
reference  books  to  be  prepared  from  the  docu- 
ments filed  with  him  under  section  5.  O.  Reg. 
519/75,  s.  4. 

5. — (1)  Where  a  teacher  is  the  applicant,  the 
teacher  shall  file  with  the  chairman  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 ; 

(6)  the  notice  of  dismissal  or  termination  of 
contract ; 

(c)  the  statement  of  the  disagreement  with  the 
dismissal  or  termination  of  contract  as  sent 
to  the  Minister ; 


(d)  the  notice  from  the  Minister  that  he  has 
directed  a  judge  to  act  as  chairman  of  the 
Board;  and 

(e)  the  notice  of  the  nomination  by  the 
teacher  of  a  representative  to  the  Board. 

(2)  Where  a  teacher  is  the  applicant,  the  board 
shall  file  with  the  chairman  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  dis- 
missing the  teacher  or  terminating  his 
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  has 
directed  a  judge  to  act  as  chairman  of 
the  Board ;  and 

(/)  the  notice  of  the  nomination  by  the 
board  of  a  representative  to  the  Board. 

(3)  The  Minister  shall  cause  to  be  filed  with  the 
chairman  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  respondent ;  and 

(c)  the  Order-in-Council  authorizing  the  judge 
to  act  as  chairman  of  the  Board. 

(4)  Where  a  board  is  the  applicant,  the  teacher 
shall  file  with  the  chairman  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 ; 

(6)  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; 


208 


EDUCATION 


Reg.  270 


(d)  the  notice  from  the  Minister  that  he  has 
directed  a  judge  to  act  as  chairman  of  the 
Board ;  and 

{e)  the  notice  of  the  nomination  by  the  teacher 
of  a  representative  to  the  Board. 

(5)  Where  a  board  is  the  applicant,  the  board 
shall  file  with'  the  chairman  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  has 
directed  a  judge  to  act  as  chairman  of  the 
Board ;  and 

(e)  the  notice  of  the  nomination  by  the  board 
of  a  representative  to  the  Board. 

(6)  The  documents  to  be  filed  with  the  chairman 
under  this  section  shall  be  filed  with  him  not  less 
than  three  days  before  the  day  upon  which  the 
hearing  is  to  begin. 

(7)  A  copy  of  the  documents  filed  with  the 
chairman  by  an  applicant  shall  be  served  by  the 
applicant  upon  the  respondent  and  a  copy  of  the 
documents  filed  with  the  chairman  by  a  respondent 
shall  be  served  by  the  respondent  upon  the 
applicant,  and  such  service  shall  be  made  by  per- 
sonal service  or  by  registered  mail  upon  the  party 
or  upon  the  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. 

(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  chairman  may 
require  any  such  error  or  omission  to  be  corrected 
upon  such  terms  as  to  adjournment,  costs  and 
otherwise  as  he  may  determine.  O.  Reg.  519/75, 
s.  5. 

6. — (1)  At  a  reference,  the  respondent  shall  begin 
and  at  the  conclusion  of  the  case  for  the  respondent, 

(a)  where  the  applicant  states  his  intention 
not  to  adduce  evidence  and  he  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  applicant  has  the  right  to 
open  his  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  his  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 
to  his  case,  the  Board,  at  the  request  of  such 
party  made  prior  to  the  giving  of  the  direction  of 
the  Board,  may  permit  the  party  to  adduce  such 
evidence  upori  such  conditions  in  respect  of  cross- 
examination,  introduction  of  rebuttal  evidence, 
reply,  costs  and  any  other  matters  as  the  chairman 
may  direct.     O.  Reg.  519/75,  s.  6. 

7.  Notwithstanding  section  15  of  the  Statutory 
Powers  Procedure  Act,  the  findings  of  fact  of  the 
Board  shall  be  based  exclusively  on  evidence  admis- 
sible under  the  law  of  evidence  and  on  matters  of 
which  notice  may  be  taken  under  section  16  of  that 
Act.     O.  Reg.  519/75,  s.  7. 

8. — (1)  The  evidence  before  a  Board  shall  be 
recorded  by  a  person  approved  and  appointed  by 
the  chairman  of  the  Board  and  who,  before  acting, 
shall  make  an  oath  or  affirmation  that  he  will  truly 
and  faithfully  record  the  evidence  to  the  best  of 
his  abilities. 

(2)  It  is  not  necessary  to  transcribe  the  evidence 
recorded  at  a  reference  unless, 

(a)  the  chairman  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  prepara- 
tion 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.  O.  Reg. 
519/75,  s.  8. 

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  conducted  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. 
O.  Reg.  519/75.  s.  9. 

10. — (1)  The  chairman  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  affirma- 
tion that  he  will  truly  and  faithfully  translate  the 
evidence  to  the  best  of  his  abilities. 


Reg.  270 


EDUCATION 


209 


(2)  The  costs  of  an  interpreter  shall  be  included 
in  the  costs  of  the  reference.     O.  Reg.  519/75,  s.  10. 

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  language,  the  decision 
of  the  Board  and  the  reasons  therefor,  where 
reasons  have  been  given,  and  the  transcript, 
if  any,  of  the  oral  evidence  given  at  the  hearing, 
shall  be  translated  into  the  English  language,  and 
the  costs  thereof  shall  be  included  in  the  costs 
of  the  reference.     O.  Reg.  519/75,  s.  11. 

12.  A  member  of  a  Board  who  participates  in  a 
decision  of  the  Board  shall  have  been  present 
throughout  the  reference.     O.  Reg.  519/75,  s.  12. 

13. — (1)  The  remuneration  of  members  of  a 
Board  other  than  the  chairman  shall  not  be  less 
than  $85  per  day  or  greater  than  $150  per  day. 

(2)  In  addition  to  the  remuneration  under  sub- 
section (1),  a  member  of  a  Board  is  entitled  to  his 
actual  travelling  and  living  expenses  incurred  while 
engaged  in  his  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.  O.  Reg.  519/75, 
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  him  or  give  him  or  his 
solicitor  at  least  five  days  notice  of  the  intention 
to  examine  him  as  a  witness,  paying  at  the  same 
time  the  amount  proper  for  conduct  money,  and, 
if  such  opposite  party  does  not  attend  on  such 
summons  or  notice,  the  reference  may  be  postponed 
at  the  direction  of  the  chairman  of  the  Board. 
O.  Reg.  519/75,  s.  14. 

15.  The  chairman  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.     O.  Reg.  519/75,  s.  15. 

16.  The  chairman  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 

(b)  exclude  the  testimony  of  any  person  who 
does  not  comply  with  an  order  made  under 
clause  (a).     O.  Reg.  519/75,  s.  16. 

17.  A  record  of  a  reference  compiled  by  a 
Board  shall  be  forwarded  as  soon  as  practicable 
by  the  chairman  of  the  Board  to  the  Minister, 
and  such  record  shall  be  retained  by  the  Minister 
for  a  period  of  at  least  two  years  after  which  time 
they  may  be  destroyed  without  the  necessity  of 
notice  thereof  being  given  to  either  party  to  the 
reference.     O.  Reg.  519/75,  s.  17. 


Reg.  271 


EDUCATION 


211 


REGULATION  271 


under  the  Education  Act 


PUPIL  RECORDS 


1. — (1)  In  this  Regulation, 

(a)  "achievement    form' 
achievement  form ; 


means    a    student 


(b)  "credit"  means  recognition  granted  to  a 
pupil  by  a  principal  as  prima  facie  evidence 
that  the  pupil  has  successfully  completed 
a  quantity  of  work  that, 

(i)  has  been  specified  by  the  principal 
in  accordance  with  the  requirements 
of  the  Minister,  and 

(ii)  is  acceptable  to  the  Minister  as 
partial  fulfilment  of  the  require- 
ments for  the  Secondary  School 
Graduation  Diploma  or  the  Sec- 
ondary School  Honour  Graduation 
Diploma,  as  the  case  may  be ; 

(c)  "guardian"  includes  a  person,  society  or 
corporation  that  has  custody  of  a  pupil ; 

(d)  "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 ; 

{e)  "receiving  school"  means  a  school  or 
private  school  to  which  a  pupil  transfers 
from  a  sending  school ; 


(/)  "record  folder' 
record  folder ; 


means  an  Ontario  student 


(g)  "record  of  French  instruction"  means  a 
student  record  of  accumulated  instruction 
in  French  as  a  second  language; 

(A)  "school"  means  a  school  in  Ontario  operated 
by  the  Government  of  Ontario  or  by  a  board; 

(j)  "secondary  school  course"  means  a  course  at 
the  secondar>-  school  level  given  at  a  school 
or  private  school;  and 

(j)  "sending  school"  means, 

(i)  a  school,  or 

(ii)  a  private  school  to  which  a  pupil 
record  has  been  transferred. 


from  which  a  pupil  transfers  to  a  school 
or  private  school.  O.  Reg.  38/73,  s.  1  (1); 
O.  Reg.  30/76,  s.  1  (1);  O.  Reg.  610/78,  s.  1. 


(2)  For  the  purposes  of  this  Regulation, 

(a)  a    pupil    retires    from    school    where 
withdraws  from  a  school  except  where. 


he 


(i)  he  withdraws  for  a  temporary  period 
with  the  consent  of  the  principal,  or 

(ii)  he  transfers  to  another  school  or  to 
a  private  school  to  which  his  pupil 
record,  except  the  index  card,  is 
transferred ;  and 

(b)  a  pupil  retires  from  a  private  school  where 
he  withdraws  from  the  private  school 
except  where, 

(i)  he  withdraws  for  a  temporary  period 
with  the  consent  of  the  principal,  or 

(ii)  he  transfers  to  a  school  or  to  another 
private  school  to  which  his  pupil 
record,  except  the  index  card,  is 
transferred.     O.  Reg.  38/73,  s.  1  (2). 

(3)  For  the  purposes  of  this  Regulation,  an 
educational  institution  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  Government  of  Canada  shall  be 
deemed  to  be  a  private  school  in  Ontario  that  is 
operated  by  the  Government  of  Canada.  O.  Reg. 
30/76,s.  1  (2). 

2.  A  pupil  record  shall  consist  of, 

(a)  a  record  folder  completed  in  accordance 
with  this  Regulation ; 

(b)  achievement  forms  in  respect  of  the  pupil 
completed  in  accordance  with  this  Regu- 
lation ; 

(c)  documents,  photographs  and  information 
in  writing  inserted  in  the  record  folder 
with  the  approval  of  the  principal ; 

(d)  an  index  card  referred  to  in  section  6; 
and 

{e)  where  the  pupil  is,  on  or  after  the  30th 
day  of  September,  1977,  enrolled  in  a 
program  of  instruction  in  French  as  a 
second  language,  a  record  of  French  instruc- 
tion completed  in  accordance  with  this 
Regulation.  O.  Reg.  38/73,  s.  2;  O.  Reg. 
610/78,  s.  2. 


212 


EDUCATION 


Reg.  271 


3.  This  Regulation  does  not  apply  to  a  record 
established  or  maintained  by  the  Ministry  in 
respect  of  a  pupil  enrolled  in  a  correspondence 
course  that  is  distributed  and  supervised  by  the 
Ministry.     O.  Reg.  38/73,  s.  3. 

4. — (1)  A  pupil  record  shall  be  established  at  the 
time  of  enrolment  in  respect  of  each  pupil  who  enrols 
for  the  first  time  in  school. 

(2)  Where  a  pupil  who  retired  from  school  prior  to 
the  establishment  of  a  pupil  record  in  respect  of  such 
pupil  re-enrols  in  a  school  for  the  first  time,  a  pupil 
record  shall  be  established  in  respect  of  such  pupil  at 
the  time  that  he  re-enrols,  and  where  such  pupil  re- 
enrols  in  a  school  other  than  the  school  in  which  he 
was  enrolled  immediately  prior  to  his  retirement  from 
school,  the  pupil  record  established  under  this  subsec- 
tion shall,  upon  the  written  requests  of  the  principal  of 
the  school  at  which  the  pupil  has  re-enrolled, 

(a)  be  established  by  the  principal  of  the 
school  in  which  the  pupil  was  enrolled 
immediately  prior  to  his  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. 

5. — (1)  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  such  pupil 
under  subsection  4  (2),  the  pupil  record  shall  be  estab- 
lished by, 

(a)  transcribing  into  or  attaching  to  the  record 
folder  the  items,  particulars  and  summaries 
required  for  its  completion  in  accordance 
with  this  Regulation ; 

{b)  completing  and  inserting  in  the  record 
folder  such  achievement  forms  as  may 
be  necessary  to  record  the  educational 
achievement  of  the  pupil ;  and 

(c)  inserting  in  the  record  folder  such  other 
documents,  photographs  or  other  infor- 
m.ation  in  writing  that  in  the  opinion  of  the 
principal  should  form  part  of  the  pupil 
record  for  the  purpose  of  the  improvement 
of  instruction  of  the  pupil. 

(2)  Where  a  principal  has  established  a  pupil 
record  in  respect  of  a  pupil,  the  record  of  progress 
through  school  of  the  pupil  and  any  written  infor- 
mation and  documents  that  pertain  to  the  pupil, 
that  have  not  been  inserted  in  the  record  folder  and 
that  are  not  records  of  attendance  of  pupils  recorded 
in  the  register  supplied  by  the  Minister  or  recorded 
in  such  other  manner  as  is  approved  by  the  Minister, 
shall  be  destroyed, 

(a)  where  the  pupil  or  his  parent  or  guardian 
has  examined  the  pupil  record,  forthwith; 


(b)  where  the  pupil  or  his  parent  or  guardian 
has  not  examined  the  pupil  record,  after 
the  expiration  of  six  months  from  the 
establishment  of  the  pupil  record.  O.  Reg. 
38/73,  s.  5. 


OFFICE    INDEX   CARD 

6. — (1)  The  principal  shall  establish  and  maintain 
an  index  card  for  each  pupil  enrolled  in  the  school 
and  on  such  index  card  shall  be  recorded, 

(a)  the  full  name  of  the  pupil  as  recorded  on 
the  record  folder ; 

(b)  the  sex  of  the  pupil ; 

(c)  the  social  insurance  number  of  the  pupil 
where  the  social  insurance  number  is  pro- 
vided by  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  the  name  of  the  guardian  of  the 
pupil  where  aprplicable ; 

(/)  the  current  address  and  home  telephone 
number  of  the  pupil,  and  an  emergency 
telephone  number  in  respect  of  the  pupil 
where  the  parent  or  guardian  or  the  pupil 
provides  such  a  number; 

(g)  the  date  upon  which  the  pupil  enrols  in 
the  school  and  the  date  upon  which  the 
pupil  transfers  to  a  receiving  school  or 
retires  from  school; 

(h)  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  such  receiving 
school ; 

(/)  the  address  of  the  pupil  at  the  date  he 
transfers  from  the  school  or  at  the  date 
the  pupil  retires  from  school;  and 

ij)  the  name  and  address  of  the  school  or  such 
other  means  of  identification  thereof  as 
may  be  sufficient  to  identify  the  source  of 
the  index  card.  O.  Reg.  38/73,  s.  6  (1); 
O.  Reg.  911/78,  s.  1  (1). 

(2)  In  addition  to  the  information  recorded  under 
subsection  (1),  the  principal  may  cause  to  be  recorded 
on  the  index  card, 

(a)  current  particulars  of  the  professional 
practitioners  and  advisors  of  the  pupil ; 

(b)  the  pupil's  means  of  transportation  to  and 
from  school;  and 


Reg.  271 


EDUCATION 


213 


(f )  such  other  information  as  the  principal  con- 
siders relevant  to  assist  in  locating  the  pupil 
or  in  obtaining  assistance  for  the  pupil  in  the 
case  of  an  emergency.  O.  Reg.  38/73, 
s.  6(2);  O.  Reg.  911/78,  s.  1  (2). 

(3)  The  index  card  referred  to  in  subsection  (1)  shall 
remain  at  the  school  during  the  period  the  pupil  is 
enrolled  at  the  school  and,  where  the  pupil  transfers  to 
another  school  or  to  a  private  school  or  retires  from 
school,  the  index  card  shall  be  stored  at  the  school 
from  which  he  transfers  or  retires,  or  at  a  central 
records  office  provided  by  the  board,  for  a  period  of 
seventy  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.  O.  Reg.  38/ 
73,  s.  6  (3). 


RECORD  FOLDER 

7. — (1)  A  record  folder  shall  be  in  Form  1  or  its 
equivalent  in  the  French  language  and  shall  be 
obtained  from  the  Ministry  or  from  a  supplier 
designated  by  the  Minister.     O.  Reg.  30/76,  s.  2. 

(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  paj)er  of  similar  weight,  composition  and  size 
to  those  supplied  by  the  Ministry.  O.  Reg.  38/73, 
s.7(2). 

8. — (1)  Subject  to  subsection  (3),  Part  A  of  a  record 
folder  shall  be  completed  when  the  pupil  record  is 
established  and  shall  indicate  the  method  of  verifica- 
tion of  the  name  and  date  of  birth  of  the  pupil. 

(2)  Where  a  pupil  is  known  by  a  surname  other 
than  his  legal  name  and  where  the  principal  is 
satisfied  that  such  name  is  a  name  obtained  by 
repute,  the  surname  by  which  the  pupil  is  known 
may  be  recorded  in  Part  A  in  lieu  of  his  legal  surname. 

(3)  Where  a  principal  receives  a  document  that 
establishes  to  his  satisfaction  that  a  pupil,  in  respect 
of  whom  a  pupil  record  is  maintained  by  the 
principal,  has  had  his  name  changed, 

(a)  by  adoption ; 

(6)  by  marriage ;  or 

(c)  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  record  folder  and  shall  change 
the  name  of  the  pupil  on  the  record  folder,  the 
achievement  forms  and  the  index  card,  and  there- 
after reference  to  such  record  folder,  achievement 
forms  and  index  card  shall  be  made  as  if  the  original 
record  had  been  established  in  the  name  as  changed. 
O.  Reg.  38/73,5.8. 


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  lo- 
cated.    O.  Reg.  911/78,  s.  2. 

10. — (1)  An  entry  shall  be  made  in  Part  B  of  a 
record  folder, 

(a)  where  an  achievement  form  in  respect  of 
the  pupil  is  prepared ;  and 

(6)  where  an  achievement  form  is  not  required  to 
be  prepared  under  subsection  22  (2). 

(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 
subheading  "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 
subheading  "Board"  each  time  that  an  entry  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.    O.  Reg.  38/73,  s.  9  (1-4). 

(5)  Where  an  entry  is  made  in  Part  B,  the  month, 
the  day  of  the  month  and  the  year  in  which  the 
pupil  commenced  the  studies  or  the  work  in  respect 
of  whicli  the  achievement  form  is  prepared  shall 
be  entered  in  the  columns  in  Part  B  under  the 
subheading  "Entered"  and  where  an  entry  is  made 
in  Part  B  and  no  achievement  form  is  required  to 
be  prepared  under  subsection  22  (2),  the  entry  in  these 
columns  shall  be  made  as  if  an  achievement  form  was 
prepared.     O.  Reg.  911/78,  s.  3  (1). 

(6)  Where  an  entry  is  made  in  Part  B,  the  month, 
the  day  of  the  month  and  the  year  in  which  the 
pupil  completed  the  studies  or  the  work  in  respect 
of  which  the  achievement  form  is  prepared  shall 
be  entered  in  the  columns  in  Part  B  under  the 
subheading  "Completed"  and,  where  an  entry  is 
made  in  Part  B  and  no  achievement  form  is 
required  to  be  prepared  under  subsection  22  (2),  the 
entry  in  these  columns  shall  be  the  date  upon  which 
the  pupil  transferred  from  the  school  to  another  school 
or  to  a  private  school,  or  retired  from  the  school,  as  the 
case  may  be.     O.  Reg.  911/78,  s.  3  (2). 

(7)  Where  an  entry  is  made  in  Part  B  of  the 
record  folder,  the  grade  in  which  the  pupil  is  placed 
at  the  date  of  such  entry  shall  be  recorded  opposite 
such  entry  in  the  column  under  the  subheading 
"Achievement  Form  No."    O.  Reg.  911/78,  s.  3  (3). 


214 


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Reg.  271 


(8)  At  least  one  entry  in  Part  B  shall  be  made 
for  each  school  year.    O.  Reg.  38/73,  s.  9  (8). 

11. — (1)  A  secondary  school  course  that  has  been 
successfully  completed  by  a  pupil  shall  be  recorded 
in  Part  C  of  the  record  folder  established  for  the 
pupil,  under  one  of  the  subheadings, 

(a)  Communications; 

(b)  Social  and  environmental  studies ; 

(c)  Pure  and  applied  sciences ;  and 

(d)  Arts, 

in  accordance  with  the  classification  of  the  course 
that  was  established  by  the  principal  for  the  school 
year  in  which  the  course  is  successfully  completed 
by  the  pupil. 

(2)  Entries  made  in  Part  C  in  respect  of  secondary 
school  courses  that  have  been  successfully  com- 
pleted 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". 

(3)  The  title  of  the  secondary  school  course 
successfully  completed  and  its  local  designation 
shall  be  entered  in  the  proper  column  under  the 
sub-subheading  "Courses"  in  Part  C.  O.  Reg. 
38/73,  s.  10  (1-3). 

(4)  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"  adjacent  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  repre- 
sentative 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  ib),  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  integer, 
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  course.  O.  Reg.  38/73,  s.  10  (4);  O.  Reg. 
911/78,  s.  4(1). 

(5)  Where  a  Secondary  School  Graduation  Dip- 
loma or  a  Certificate  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  Training  was  granted  it  shall 
be  so  recorded ;  and 

(b)  the  total  value  assigned  for  diploma  pur- 
poses to  the  credits  awarded  in  respect  of 
the  courses  under  each  area  of  study  shall 
be  entered  opposite  the  sub-subheading 
"total"  immediately  above  the  entry  re- 
ferred 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. 

(6)  Where  a  credit  has  been  obtained  at  a  summer 
school  or  at  an  evening  class,  the  title  of  the  course 
in  respect  of  which  the  credit  was  obtained,  the  grade, 
if  any,  the  value  of  the  credit  obtained  and  the  date 
shall  be  recorded  in  the  appropriate  colums  in  Part 
C  of  the  record  folder  in  the  manner  prescribed 
in  subsections  (1),  (2),  (3)  and  (4).  O.  Reg.  38/73,  s.  10 
(5,  6). 

(7)  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.  O.  Reg. 
911/78,  s.  4  (2). 

12.  Notwithstanding  section  11,  where  a  computer 
or  equipment  used  in  connection  with  a  computer 
is  used  to  record  the  progress  of  a  pupil  through 
school  or  to  print  a  part  of  the  pupil  record,  the 
record  or  a  copy  thereof  that  is  so  produced  shall 
be  placed  in  the  record  folder  in  respect  of  the  pupil 
and,  where  such  record  or  copy  contains  the  infor- 


Reg.  271 


EDUCATION 


215 


mation  that  would  be  required  for  completion  of 
any  entry  in  Part  C  of  the  record  folder  if  the  pupil 
record  were  maintained  and  completed  without  the 
use  of  a  computer  or  equipment  used  in  connection 
with  a  computer,  such  information  need  not  be 
recorded  in  Part  C.     O.  Reg.  38  /73,  s.  1 1 . 

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  p)erson.     O.  Reg.  38/73,  s.  12. 

14. — (1)  Subject  to  subsection  (2),  a  summary  of 
any  recommendations  regarding  special  health  prob- 
lems of  a  pupil  that,  in  the  opinion  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  eighteen  years. 

(3)  Entries  in  Part  E  of  the  record  folder  shall 
be  kept  current.     O.  Reg.  38/73,  s.  13. 

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  re- 
placed from  time  to  time  with  a  more  recent 
photograph  of  the  pupil.     O.  Reg.  38/73,  s.  14. 

16. — (1)  Where  a  pupil  participates  in  an  extra- 
curricular activity,  a  record  of  his  participation  may 
be  entered  in  Part  G  of  the  record  folder. 

(2)  Where  an  entr\'  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  resj)ect  of  such 
entry  may  be  inserted  in  the  record  folder.  O.  Reg. 
38/73,s.  15. 

17.  — ( 1 )  Fart  H  of  a  record  folder  may  be  used 
to  record, 

(a)  the  referrals  of  the  pupil,  if  any,  to  services 
or  agencies ; 


(b)  information  regarding  a  talent  or  special 
ability  of  the  pupil ;  and 

(c)  out-of-school  activities  of  the  pupil  and 
any  other  information  not  recorded  in 
Part  G  of  the  record  folder  that  may,  in 
the  opinion  of  the  principal,  be  beneficial 
to  teachers  in  the  instruction  of  the  pupil, 

and  additional  information  in  respect  of  such  entry 
may  be  inserted  in  the  record  folder.  O.  Reg.  38  /73, 
s.  16;  O.  Reg.  911/78,  s.  5  (1). 

(2)  Where  a  pupil  is  excused  from  attendance  at 
school  or  from  full-time  attendance  at  school  under 
an  early  school  leaving  program,  information  in 
respect  thereof,  including  the  date  the  pupil 
begins  the  program,  shall  be  recorded  in  Part  H  of 
the  record  folder.    O.  Reg.  911/78,  s.  5  (2). 

18.  Outstanding  achievements  of  a  pupil  and  any 
awards  or  scholarships  that  he  receives  and  the  date 
thereof  may  be  recorded  in  Part  I  of  the  record 
folder  in  respect  of  the  pupil,  and  additional  infor- 
mation in  respect  of  such  entry  may  be  inserted 
in  the  record  folder.     O.  Reg.  38/73,  s.  17. 

19. — (1)  The  date  upon  which  a  pupil  retires 
from  school  or  from  a  private  school  to  which 
his  pupil  record,  except  the  index  card,  has  been 
transferred,  shall  be  recorded  under  the  subheading 
"Date  of  retirement"  in  Part  J  of  the  record  folder 
in  respect  of  the  pupil  and,  where  after  such  retirement 
the  pupil  re-enrols  in  school  or  in  a  private  school 
that  maintains  his  pupil  record,  the  date  of  his 
subsequent  retirement  from  school  or  from  a  private 
school  shall  be  recorded  therein. 

(2)  Where  a  date  is  entered  under  the  subheading 
"Date  of  retirement"  in  "Part  J  of  a  record  folder, 
the  address  of  the  pupil  at  such  date  shall,  where 
the  address  is  known  to  the  principal,  be  recorded 
under  the  subheading  "Address  at  retirement"  in 
Part  J.     O.  Reg.  38/73.  s.  18. 

20.  Information  as  to  the  destination  of  the  pupil 
in  resf)ect  of  employment  or  further  education  upon 
his  retiring  from  school  may  be  entered  in  Part  K  of 
the  record  folder.     O.  Reg.  38  /73,  s.  19. 


THE  STUDENT  ACHIEVEMENT  FORM 

21. — (1)  Subject  to -subsection  (3),  an  achievement 
form  supplied  by  the  Ministry  or  by  a  supplier  desig- 
nated by  the  Minister  shall  be  in  Form  2.     O.  Reg. 

38/73,  s.  20(1). 

(2)  A  board  may  approve  for  use  in  its  schools 
an  achievement  form  in  the  English  or  the  French 
language  that  is  not  an  achievement  form  in  Form  2 
if  the  achievement  form, 


216 


EDUCATION 


Reg.  271 


(a)  provides  for  the  information  required  under 
sections  23,  24  and  25; 

(b)  contains  space  for  comment  by  the  pupil  or 
his  parent  or  guardian  as  the  case  may  be ; 
and 

(c)  contains  the  following  statement  or,  in  the 
case  of  an  achievement  form  in  the  French 
language,  an  accurate  translation  of  the 
following  statement  in  the  French  language : 


TO  STUDENTS  AND  PARENTS: 

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  made  to  ensure  that  all  entries 
made  are  a  clear  indication  of  the  achieve- 
ment of  the  pupil.  If  you  wish  to  review 
the  information  contained  in  the  record 
folder,  please  contact  the  principal.  O.  Reg. 
38/73,  s.  20  (2);  O.  Reg.  911/78,  s.  6. 

(3)  Where  the  Ministry  or  a  supplier  designated 
by  the  Minister,  at  the  request  of  a  board,  supplies 
an  achievement  form  in  Form  2  translated  into  the 
French  language,  such  achievement  form  shall  be 
deemed  to  be  an  achievement  form  in  Form  2. 

(4)  An  achievement  form  approved  by  a  board 
under  subsection  (2)  may  be  produced  by  means  of  a 
computer  or  equipment  used  in  connection  with  a 
computer,  and  a  copy  of  an  achievement  form 
printed  thereby  is  acceptable  for  inclusion  in  the 
record  folder. 

(5)  Subject  to  subsection  (6),  an  achievement  form 
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  34; 

(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. 

(6)  Where  the  information  on  the  achievement 
form  is  recorded  by  means  of  a  computer  or  equip- 
ment used  in  connection  with  a  computer,  the 
paper  on  which  the  information  is  printed  shall  be 
such  as  to  provide  as  nearly  as  may  be  the 
characteristics  set  out  in  subsection  (5).  O.  Reg. 
38/73,  s.  20  (3-6). 

22. — (1)  Subject  to  subsection  (2),  an  achievement 
form  shall  be  prepared  for  each  pupil  at  the  end  of  each 


school  year  and  at  the  time  the  pupil  transfers  to 
another  school  or  to  a  private  school,  or  retires  from 
school,  as  the  case  may  be,  and  may  be  prepared  more 
frequently  as  required  by  the  board. 

(2)  Where  a  pupil  transfers  to  another  school  or  to  a 
private  school,  or  retires  from  school,  within  six 
weeks  of  the  date  of  his  enrolment  in  the  school  or 
within  six  weeks  from  the  commencement  of  a  new 
school  year,  as  the  case  may  be,  an  achievement 
form  need  not  be  prepared  in  respect  of  such  period. 

(3)  Where  schools  are  organized  on  a  semester 
plan,  an  achievement  form  shall  be  prepared  at  the 
end  of  each  semester.     O.  Reg.  38  /73,  s.  21 . 

23.  The  full  name  of  the  pupil  as  recorded  on 
the  record  folder  and  the  grade  in  which  the  pupil 
is  placed  shall  be  entered  on  the  achievement  form. 
O.  Reg.  911/78,  s.  7,  part. 

24. — ( 1 )  There  shall  be  set  out  on  an  achievement 
form, 

(a)  a  concise  statement  of  the  program  of  study 
undertaken  by  the  pupil  sufficient  to  enable 
a  teacher  to  understand  the  objectives, 
content  and  degree  of  difficulty  of  the 
courses  included  in  the  program  of  study; 

(b)  in  respect  of  each  program  of  study  under- 
taken by  the  pupil,  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  in  such  program 
of  study; 

(c)  in  respect  of  a  course  for  which  credit  may  be 
awarded  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 ;  and 

(d)  in  respect  of  a  course  for  which  no  credit 
may  be  awarded,  the  words  "non-credit 
course". 

(2)  Where  an  achievement  form  in  F"orm  2  is  used, 
the  information  referred  to  in  clause  (1)  (a)  shall  be  set 
out  in  the  column  under  the  heading  "Description  of 
Studies"  and  the  information  referred  to  in  clauses  (1) 
(6),  (f )  and  id)  shall  be  set  out  in  the  other  columns 
opposite  the  description  of  the  program  of  study  to 
which  it  refers.     O.  Reg.  38/73,  s.  24. 

25. — (1)  An  achievement  form  shall  bear  the 
address  and  other  particulars  of  the  school  at  which 
the  pupil  attained  the  achievement  recorded  on  the 
form  sufficient  to  identify  the  school  and  shall  be 
signed  by  the  principal  of  the  school  or  the  teacher 
or  other  school  official  designated  for  such  purpose  by 
the  principal,  and  a  form  so  signed  is  prima  facie 


Reg.  271 


EDUCATION 


217 


evidence  of  the  achievement  of  the  pupil  recorded  on 
the  form. 

(2)  Where  an  achievement  form  is  signed  by  a 
teacher  or  other  school  official  designated  by  the 
principal,  the  person  signing  the  form  shall  indicate 
thereon  that  he  is  signing  for  and  on  behalf  of 
the  principal  and  shall  give  the  name  of  the 
principal.     O.  Reg.  38  /73,  s.  25. 

(3)  The  number  of  lates  and  absences  of  the 
pupil  and,  where  applicable,  promotion  to  the  next 
grade,  may  be  entered  on  the  achievement  form. 
O.  Reg.  911/78.  s.  8. 

26. — (1)  Where  an  achievement  form  is  completed 
and  signed  as  provided  in  section  25,  the  achievement 
form  shall  be  placed  in  the  record  folder  of  the  pupil 
and  a  true  copy  of  the  achievement  form  shall, 

(a)  be  forwarded  to  the  pupil  where  the  pupil 
has  attained  the  age  of  eighteen  years ;  or 

(b)  be  forwarded  to  the  parent  or  guardian  of 
the  pupil  where  the  pupil  has  not  attained 
the  age  of  eighteen  years. 

(2)  An  achievement  form  that  is  forwarded  as 
provided  in  subsection  (1)  may  also  constitute  a 
report  card  in  respect  of  the  pupil  if  it  is  so  noted 
on  the  achievement  form. 

(3)  Where  an  achievement  form  is  used  as  a  report 
card,  the  record  of  attendance  of  the  pupil  in  respect 
of  the  reporting  period  may  be  entered  on  the 
achievement  form.     O.  Reg.  38/73,  s.  26. 

27.  Where-a  principal  receives  a  request  referred  to 
in  subsection  237  (4)  of  the  Act  and  refuses  to  comply 
with  the  request  or  any  part  thereof,  he  shall  place  in 
the  record  folder  in  respect  of  the  pupil, 

(a)  the  request  received  by  him ;  and 

(b)  a  note  indicating  his  reasons  for  not  com- 
plying with  the  request, 

and  shall  advise  the  person  making  the  request  of  his 
rights  under  subsection  237  (5)  of  the  Act.  O.  Reg. 
38/73,  s.  27;  O.  Reg.  911/78,  s.  9. 


STUDENT  RECORD  OF  ACCUMULATED  INSTRUCTION 
IN  FRENCH  AS  A  SECOND  LANGUAGE 

28. — (1)  In  this  section,  "program"  means  a  pro- 
gram in  French  as  a  second  language. 

(2)  Subject  to  subsection  (9),  a  record  of  French 
instruction  shall  be  in  Form  3. 

(3)  A    record    of    French    instruction    shall    be 
established   for  each   pupil    who   is   enrolled   in   a 


program  in  an  elementary  school  or  a  secondary 
school  on  or  after  the  30th  day  of  September,  1977. 

(4)  Subject  to  subsection  (10),  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 

(6)  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  temporary  period 
while  the  pupil  is  enrolled  in  a  program. 

(6)  Subject  to  subsection  (10),  there  shall  be 
entered  on  the  record  of  French  instruction  estab- 
lished in  respect  of  a  pupil,  in  the  column  appro 
priate  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  instruc- 
tion received  in  each  such  subject ; 

(/)  the  total  number  of  hours  of  instruction 
received  by  the  pupil  in  a  program  during 
such  school  year  or  summer  course ;  and 

{g)  the  total  number  of  hours  of  instruction 
in  a  program  that  the  pupil  has  accumu- 
lated 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. 

(7)  Where  a  pupil  is  enrolled  in  a  program  for  a 
portion  of  a  school  year,  the  percentage  of  the 
school  year  that  he  is  in  such  program  shall,  subject 
to  subsection  (10),  be  entered  on  his  record  of  French 


218 


EDUCATION 


Reg.  271 


instruction  in  the  column  headed  "School  Year"  to  the 
right  of  the  dotted  line. 

(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  accumu- 
lated 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". 

(9)  A  record  of  French  instruction  may  be  pro- 
duced by  means  of  a  computer  or  equipment  used 
in  connection  with  a  computer  if  the  record  of 
French  instruction  so  produced  provides  the  infor- 
mation required  under  subsections  (5),  (6),  (7)  and  (8). 

(10)  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  achievement  forms  in 
respect  of  the  pupil,  taken  together,  the  entry  of  such 
information  in  respect  of  a  program  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.  610/78,  s.  3. 


TRANSFER 

29.— <1)  Subject  to  subsections  (2),  (3)  and  (4), 
where  a  pupil  transfers  from  a  sending  school  to  a 
receiving  school,  the  principal  of  the  receiving  school 
shall,  where  the  receiving  school  is  a  school,  and  may, 
jivhere  the  receiving  school  is  a  private  school,  send  to 
the  principal  of  the  sending  school  a  written  request  for 
transfer  of  the  pupil  record  in  respect  of  the  pupil,  and 
upon  receipt  of  such  request  the  principal  of  the  send- 
ing school  shall  transfer  by  first  class  mail  to  the  prin- 
cipal of  the  receiving  school,  the  materials  referred  to 
in  clauses  2  (a),  {b),  (c)  and  (e)  in  respect  of  the  pupil. 

(2)  Where  a  pupil  transfers  by  reason  of  promo- 
tion or  in  accordance  with  instructions  of  the  board 
from  one  school  to  another  that  is  under  the  juris- 
diction of  the  same  board,  the  principal  of  the 
sending  school  may,  without  a  request  therefor  in 
writing,  forward  to  the  principal  of  the  receiving 
school  by  first  class  mail  or  by  delivery  service 
provided  by  the  board,  the  materials  referred  to  in 
clauses  2  (a),  (b),  (c)  and  (c)  in  respect  of  the  pupil. 
O.  Reg.  610/78,  s.  4. 

(3)  Where  the  receiving  school  is  a  private  school, 
the  principal  of  the  sending  school  shall  make  the 
transfer  under  subsection  (1)  only  where  he  has 
received  from  the  principal  of  the  private  school 
written  assurance  that  the  private  school  will  main- 
tain, transfer  and  dispose  of  the  pupil  record  in 
accordance  with  the  Act  and  this  Regulation.  O.  Reg. 
911/78,  s.  10  (1). 


(4)  Where  the  receiving  school  is  a  private  school 
that  is  not  operated  by  the  Government  of  Canada  and 
that  is  not  inspected  under  subsection  15  (7)  of  the  Act, 
the  principal  of  the  sending  school  shall  make  the 
transfer  under  subsection  (1)  only  with  the  consent  of, 

(a)  the  pupil  where  he  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.  911/78,  s.  10  (2). 

(5)  An  original  pupil  record  shall  not  be  trans- 
ferred to  an  educational  institution  outside  Ontario, 
but  a  true  copy  of  the  information  contained  in 
the  pupil  record  of  a  pupil  may  be  sent  by  registered 
mail  to  the  principal  of  such  an  educational  in- 
stitution where  the  principal  in  whose  possession 
the  pupil  record  may  be,  receives, 

(a)  a  request  for  the  pupil  record  from  the 
principal  of  such  educational  institution; 
and 

(b)  a  request  in  writing  for  the  transfer  of  the 
pupil  record  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. 

(6)  A  true  copy  of  the  information  contained  in 
a  pupil  record  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, 

where  the  pupil  or  his  parent  or  guardian,  as  the  case 
may  be,  satisfies  the  principal  that  the  pupil  requires 
the  copy  for  the  purpose  of  enrolling  in  an  educational 
institution  outside  Ontario.     O.  Reg.  38/73,  s.  28 

(5,  6). 

30. — (1)  Where  a  pupil  has  been, 

(a)  admitted  to  or  committed  to  an  institution 
for  treatment  in  respect  of  alcoholism, 
drug  addiction  or  a  mental  disorder ; 

(b)  sent  to  a  training  school  or  sentenced  to  a 
penal  or  a  correctional  institution;  or 

(c)  convicted  of  an  offence  under  the  Criminal 
Code  (Canada)  or  of  an  offence  under  the 
laws  of  the  Province  of  Ontario  or  any 
other  jurisdiction, 


Reg.  271 


EDUCATION 


219 


and  an  entry  in  respect  thereof  has  been  made  in 
his  record  or  the  pupil  record  discloses  one  or  more 
of  such  cases,  the  principal  may,  where  in  his 
opinion  such  information  is  not  conducive  to  the 
improvement  of  instruction  of  the  pupil,  delete  from 
the  record  any  such  entry  and  for  the  purpose  of  so 
doing  may  destroy  all  or  part  of  the  pupil  record  of 
such  pupil  after  the  principal  has  recreated  the  pupil 
record  or  part  thereof  for  the  purpose  of  making  such 
deletion.     O.  Reg.  38  /73,  s.  29. 

(2)  Where  in  the  opinion  of  the  principal  of  a 
school,  certain  information  or  material  that  has 
been  inserted  in  the  record  folder  in  respect  of  a 
pupil  is  no  longer  conducive  to  the  improvement  of 
instruction  of  the  pupil,  the  principal  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.  911/78, 
s.  11. 

31. — (1)  Where  the  principal  of  a  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  ap- 
proval of  the  board,  estabhsh  and  maintain  the 
pupil  record  or  the  part  thereof  in  the  French 
language. 

(2)  Where  the  principal  of  a  private  school  that 
maintains  a  pupil  record  is  of  the  opinion  that  the 
pupil  record  or  any  part  of  the  pupil  record  should 
be  maintained  in  the  French  language,  the  principal 
may,  with  the  approval  of  the  person  operating  the 
private  school,  maintain  the  pupil  record  or  the  part 
thereof  in  the  French  language. 

(3)  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. 

(4)  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.  38  /73,  s.  30. 

32.  Where  a  pupil  retires  from  school  or  from  a 
private  school  that  maintains  a  pupil  record  in  respect 
of  the  pupil  and  the  pupil,  where  he  has  attained  the 
age  of  eighteen  years,  or  his  parent  or  guardian,  where 
the  pupil  has  not  attained  such  age,  so  requests,  the 


principal  shall  give  to  the  pupil  or  his  parent  or  guar- 
dian, as  the  case  may  be, 

(a)  a  true  copy  of  Part  C  of  the  record  folder 
in  respect  of  the  pupil ;  and 

(6)  exclusive  of  the  achievement  forms  and  the 
record  of  French  instruction,  the  informa- 
tion and  materials  that  are  stored  in  the 
record  folder, 

and  where  the  information  and  materials  referred 
to  in  clause  (b)  are  not  requested  by  the  pupil  or  by 
his  parent  or  guardian,  as  the  case  may  be,  they 
shall  be  retained  in  the  pupil  record  until  the  31st 
day  of  July  of  the  year  following  the  year  in  which 
the  pupil  retires  from  school,  after  which  date  they 
shall  be  destroyed  forthwith.  O.  Reg.  38/73,  s.  3l'; 
O.  Reg.  610/78,  s.  5;  O.  Reg.  911/78,  s.  12. 

33.  The  achievement  forms  retained  in  a  record 
folder  in  respect  of  a  pupil  may  be  destroyed  after 
three  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.  38/73,  s.  32. 

34. — (1)  Subject  to  subsection  (3),  a  record  folder  in 
respect  of  a  pupil  shall  be  retained  by  the  board, 

(a)  in  the  school  attended  by  the  pupil 
immediately  before  his  retirement  from 
school ;  or 

(b)  in  a  central  records  office  maintained  by  the 
board  that  operated  the  school  referred  to  jn 
clause  (a), 

for  a  period  of  seventy  years  from  the  year  in  which 
the  pupil  retires  from  school. 

(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  three  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  his  retirement  from  school  and, 
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. 

(3)  Where  a  record  folder  in  respect  of  a  pupil 
has  been  microrecorded  in  a  manner  that  permits 
a  reproduction  to  be  printed,  the  record  folder  may  be 
destroyed  after  three  years  following  the  year  in 
which  the  pupil  retires  from  school  or  from  a  private 
school  that  maintains  a  pupil  record  in  respect  of 
that  pupil  and  the  microrecording  shall  be  retained 
for  a  period  of  seventy  years  after  the  retirement  of 
the  pupil. 


220 


EDUCATION 


Reg.  271 


(4)  Where  a  private  school  that  maintains  a  pupil 
record  ceases  to  operate  as  a  private  school, 

(a)  a  pupil  record  that  was  retained  by  the 
private  school  in  respect  of  a  former  pupil ; 
and 

(6)  a  pupil  record  of  a  pupil  of  the  private 
school  who  does  not  transfer  to  a  school 
or  to  a  private  school  to  which  his  pupil 
record  is  transferred, 

shall  forthwith  be  sent  to  the  Minister.     O.   Reg. 
38  /73,  s.  33. 

(5)  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, 

(a)  a  pupil  record  in  respect  of  a  former 
pupil,  that  was  retained  by  the  board  or  by 
a  school  operated  by  the  board;  and 

(6)  a  pupil  record  in  respect  of  a  pupil  of  a 
school  operated  by  the  board,  who  does  not 
transfer  to  a  school  or  private  school  to 
which  his  pupil  record  is  transferred, 

shall  forthwith  be  sent  to  the  Minister.     O.   Reg. 
30/76,5.3. 

(6)  In  this  section,  "record  folder"  shall,  where 
a  record  of  French  instruction  has  been  prepared 
in  respect  of  the  pupil,  include  such  record.  O.  Reg. 
610/78,  s.  6. 


Reg.  271 


EDUCATION 


Form  1 

Education  Act 

THE  ONTARIO  STUDENT 
RECORD  FOLDER 


221 


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222 


EDUCATION 


Reg.  271 


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Reg.  271 


EDUCATION 


223 


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O.  Reg.  38/73.  Form  1. 


224 


EDUCATION 


Reg.  271 


Form  2 
Education  Act 
STUDENT  ACHIEVEMENT  FORM 
STUDENT  ACHIEVEMENT  FORM 


Surname,  Given  names 


Grade 


Description  of  Studies 


Description  of  Achievement 


(where  applicable) 
Grading  Diploma 
Credits 


School  Name  and  Address 


Signature  of  School  Official 


Date  Sent 


Reg.  271 


EDUCATION 


225 


To  students  and  parents: 


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 


made  to  ensure  that  all  entries 
made  are  a  clear  indication  of 
the  achievement  of  the  pupil. 
If  you  wish  to  review  the  in- 
formation contained  in  the 
record  folder,  please  contact  the 
principal. 


Comment  by  student  and/or  parents; 


O.  Reg.  911/78,5.  13. 


226 


EDUCATION 


Reg.  271 


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Reg.  271 


EDUCATION 


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REGULATION  272 

under  the  Education  Act 
PURCHASE  OF  MILK 

1.  A  board  is  authorized  to  purchase  milk  for  free  distribution  to  pupils  in  schools  under  its  jurisdiction. 
R.R.O.  1970,  Reg.  201,  s.  1. 

2.  The  authority  of  a  board  may  be  exercised  on  the  terms  and  conditions, 

(a)  the  distribution  is  effected  only  on  school  dajrs  between  8.45  a.m.  and  4.00  p.m.  and  under 
the  supervision  and  direction  of  the  principal ;  and 

(b)  that  the  milk  is  consumed  on  the  school  premises.     R.R.O.  1970,  Reg.  201,  s.  2. 


Reg.  273 


EDUCATION 


231 


REGULATION  273 


under  the  Education  Act 


SCHOOL  YEAR  AND  SCHOOL  HOLIDAYS 


INTERPRETATION 

1.— (1)  In  this  Regulation, 

(a)  "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 ; 

(6)  "professional  activity"  includes  evaluation 
of  the  progress  of  pupils,  consultation  with 
parents,  the  counselling  of  pupils,  curricu- 
lum and  program  evaluation  and  develop- 
ment, professional  development  of  teachers 
and  attending  educational  conferences ; 

(c)  "professional  activity  day"  means  a  school 
day  that  is  designated  as  a  day  for  pro- 
fessional activities  on  a  school  calendar ; 

(d)  "school  day"  means  a  day  that  is  within 
a  school  year  and  is  not  a  school  holiday; 
and 

(e)  "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  program  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. 
546/73,  s.  1. 

2. — (1)  Subject  to  section  4,  the  school  year  shall 
commence  on  the  day  following  Labour  Day  and 
end  on  the  30th  day  of  June  but,  when  the  30th 
day  of  June  is  a  Monday  or  Tuesday,  the  school  year 
shall  end  on  the  preceding  Friday. 

(2)  Subject  to  section  4,  a  school  year  shall 
include  at  least  185  instructional  days,  and  the 
remaining  school  days  shall  be  professional  activity 
days. 

(3)  Subject  to  section  4,  the  following  are  school 
holidays: 

1.  Every  Saturday  and  Sunday. 


2.  A  day  appointed  by  the  Governor  General 
or  the  Lieutenant  Governor  as  a  public 
holiday  or  for  thanksgiving. 

3.  Where  the  school  is  open  during  July  and 
August,  Dominion  Day  and  Labour  Day. 

4.  Good  Friday. 

5.  Victoria  Day. 

6.  A  Christmas  vacation  to  begin  on  the 
23rd  day  of  December  or,  when  the  23rd 
day  of  December  is  a  Tuesday,  on  the 
22nd  day  of  December  and  to  end  on 
the  2nd  day  of  January  or,  when  the  2nd 
day  of  January  is  a  Thursday,  on  the  3rd 
day  of  January. 

7.  Five  consecutive  days  commencing  on  the 
Monday  next  following  the  Friday  preced- 
ing the  21st  day  of  March,  or  five 
consecutive  days,  exclusive  of  Saturday 
and  Sunday,  that  are  within  the  period 
from  the  first  school  day  in  January  to  the 
last  school  day  in  June,  and  are  designated 
as  school  holidays  in  lieu  thereof  by  the 
board  that  operates  the  school. 

8.  Easter  Monday  or  a  day  designated  as  a 
school  holiday  in  lieu  thereof  by  the 
board  that  operates  the  school. 

9.  Where  Remembrance  Day  is  not  Saturday 
or  Sunday,  Remembrance  Day  or  a  day 
designated  as  a  school  holiday  in  lieu 
thereof  by  the  board  that  operates  the 
school.     O.  Reg.  546/73,  s.  2. 

3.  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  4,  prepare, 
adopt  and  submit  t,o  the  Minister  on  or  before  the  1st 
day  of  May,  in  respect  of  the  school  year  next  follow- 
ing, the  school  calendar  or  school  calendars  to  be  fol- 
lowed 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  followed; 

(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.  O.  Reg.  546  /73, 
s.  3. 


232 


EDUCATION 


Reg.  273 


4. — (1)  For  one  or  more  schools  under  its  juris- 
diction 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  1st  day  of  March  a  proposed  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 
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  15  th  day  of  April  such 
calendar  or  a  revision  thereof  submitted  under  sub- 
section (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  3. 
O.  Reg.  546/73,  s.  4. 


5. — (1)  Where,  in  the  opinion  of  the  board,  it  is 
desirable  to  alter  a  school  calendar  that  has  been  sub- 
mitted under  section  3  or  subsection  4  (3)  or  approved 
and  implemented  under  subsection  4  (1)  or  (2),  the; 
board  may,  with  the  prior  approval  of  the  Minister, 
alter  the  school  calendar. 

(2)  Where. 

(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  Public  Health  Act  or  the 
Education  Act;  and 

(6)  the  school  calendar  is  not  altered  under  sub- 
section (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.  546  /73,  s.  5. 

6.  Nothing  in  this  Regulation  shall  operate  to 
prevent  the  holding  of  a  meaningful  and  significant 
program  in  observance  of  Remembrance  Day. 
O.  Reg.  546/73,  s.  6. 


Reg.  274 


EDUCATION 


233 


REGULATION  274 

under  the  Education  Act 


SPECIAL  EDUCATION  PROGRAMS  AND 
SERVICES 

1.  A  Special  Education  Program  Placement  and 
Review  Committee  established  by  a  board  under 
clause  30  (2)  (b)  of  Regulation  262  of  Revised  Regula- 
tions of  Ontario,  1980  is  deemed  to  be  a  committee 
referred  to  in  subparagraph  iii  of  paragraph  5  of  sub- 
section 10  (1)  of  the  Act  for  the  purposes  of  identifying 
exceptional  pupils  and  making  and  reviewing  place- 
ments of  exceptional  pupils.     O.  Reg.  1057/80,  s.  1. 

2. — (1)  The  decision  of  an  admissions  board  estab- 
lished before  this  Regulation  came  into  force,  to  admit  a 
trainable  retarded  child  to  a  school  or  class  for  trainable 
retarded  children  is  deemed  to  be  a  decision  of  a  com- 
mittee referred  to  in  subparagraph  iii  of  paragraph  5  of 
subsection  10  (1)  of  the  Act  to  identify  such  child  as  an 
exceptional  pupil  and  to  place  the  child  in  a  school  or 
class  for  trainable  retarded  pupils. 

(2)  Each  board  that  had,  prior  to  the  day  when  this 
Regulation  comes  into  force,  established  an  admissions 
board  referred  to  in  subsection  (I)  shall  forthwith 
establish  a  committee  referred  to  in  subparagraph  iii  of 
paragraph  5  of  subsection  10  (1)  of  the  Act  and  the 
provisions  of  Regulation  262  of  Revised  Regulations  of 
Ontario,  1980  in  respect  of  special  education  programs 
and  services  shall  apply  to  the  placement  and  review  of 
placement  of  the  trainable  retarded  pupils  in  schools 
and  classes  for  trainable  retarded  pupils  operated  by 
such  board.     O.  Reg.  1057/80,  s.  2. 

3. — (1)  Each  board  shall  prepare  and  approve  a 
plan  in  accordance  with  a  planning  guide  provided  by 
the  Minister  that  will  disclose  the  methods  by  which 
and  the  times  within  which  the  board  shall  comply 
with  paragraph  7  of  section  149  of  the  Act  in  relation  to 
exceptional  pupils  of  the  board  who  are  not  trainable 
retarded  pupils. 

(2)  A  plan  referred  to  in  subsection  (1)  shall  be  sub- 
mitted to  the  Minister  not  later  than  the  1st  day  of 
May,  1982  for  review  by  the  Minister. 

(3)  A  plan  referred  to  in  subsection  (1)  shall  provide 
for  an  annual  review  of  the  plan  and  any  amendment 
to  the  plan  that  is  a  result  of  the  review  shall  be  sub- 
mitted to  the  Minister  for  review  by  the  Minister. 
O.  Reg.  1057/80,  s.  3. 

4. — (1)  Each  public  school  board,  Roman  Catholic 
separate  school  board  and  Protestant  separate  school 
board  shall  prepare  and  approve  a  plan  for  the  estab- 
lishment and  provision  of  schools  or  classes  for  their 
resident  pupils  who  are  trainable  retarded  pupils  or  for 
the  entering  into  of  one  or  more  agreements  with 


another  board  or  boards,  for  the  provision  of  instruction 

for  such  pupils. 

(2)  Each  plan  referred  to  in  subsection  (1)  shall  be 
developed  in  consultation  and  co-operation  with  the 
board  or  boards  that  have  provided  schools  or  classes 
for  trainable  retarded  pupils  who  are  qualified  to  be 
resident  pupils  of  the  public  school  board,  Roman 
Catholic  separate  school  board  or  Protestant  separate 
school  board,  as  the  case  may  be,  to  ensure  that  the 
transfer  of  the  trainable  retarded  pupils  is  carried  out 
with  the  least  possible  disruption  to  the  program  for  the 
treiinable  retarded  pupils. 

(3)  A  plan  referred  to  in  subsection  (1)  shall  be  sub- 
mitted to  the  Minister  not  later  than  the  1st  day  of 
May,  1982  for  review  by  the  Minister.  O.  Reg.  1057/ 
80,  s.  4. 

5.  Each  board  shall  not  later  than  the  1st  day  of 
May,  1982  prepare  and  approve  a  plan  for  the  enrol- 
ment of  each  developmentally  handicapped  person  who 

is, 

(a)  in  attendance  at  a  day  nursery  licensed  under 
the  Day  Nurseries  Act  that  has  a  program  for 
developmentally  handicapped  children;  and 

(b)  qualified  to  be  a  resident  pupil  of  the  board, 

and   shall    submit   such    plan    to   the    Minister   for 
approval.     O.  Reg.  1057/80,  s.  5. 

6.  Each  board  shall  not  later  than  the  1st  day  of 
May,  1982  prepare  and  approve  a  plan  for  the  enrol- 
ment of  each  person  who  is  qualified  to  be  a  resident 
pupil  of  the  board  or  who  except  as  to  residence  would 
be  qualified  to  be  a  resident  pupil  of  the  board  and  who, 

(a)  resides  in  a  facility  listed  in  Schedule  1  of 
Regulation  242  of  Revised  Regulations  of 
Ontario,  1980  that  is  not  a  facility  at  which 
the  Minister  provides  an  educational  pro- 
gram; 

(b)  resides  in  a  facility  designated  under  section  2 
of  the  Developmental  Services  Act  that  is  not 
a  facility  listed  in  Schedule  1  of  Regulation 
242  of  Revised  Regulations  of  Ontario,  1980; 

(c)  is  lodged  in  a  home  for  special  care  estab- 
lished, approved  or  licensed  under  the 
Homes  for  Special  Care  Act;  or 

(d)  resides  in  a  home  for  retarded  persons  or  an 
auxiliary  residence  approved  under  the 
Homes  for  Retarded  Persons  Act, 


234 


EDUCATION 


Reg.  274 


and  shall  submit  such  plan  to  the  Minister  for  review  by 
the  Minister.     O.  Reg.  1057/80,  s.  6. 

7.  The  refusal  of  admission  of  a  person  to  a  school  or 
class  for  trainable  retarded  children  by  an  admissions 
board  before  this  Regulation  came  into  force,  does  not 
prevent  the  enrolment  of  such  person  in  a  school  or  his 
subsequent  placement  in  a  school  or  a  class  for  trainable 
retarded  children  on  or  after  the  day  when  this  Regula- 
tion comes  into  force.     O.  Reg.  1057/80,  s.  7. 

8. — ( 1)  A  plan  prepared  and  approved  by  a  board  in 
accordance  with  section  3  in  respect  of  its  exceptional 
pupils  who  are  not  trainable  retarded  pupils  and  in 
accordance  with  section  6  in  respect  of  trainable 
retarded  pupils,  shall  be  implemented  by  the  board  in 
accordance  with  the  terms  of  each  of  the  plans,  as  the 
case  may  be,  as  to  the  dates  by  which  and  the  extent  to 
which  special  education  programs  and  special  educa- 
tion services  shall  be  established  or  provided  for  its 
exceptional  pupils  who  are  not  trainable  retarded  pupils 
and  its  trainable  retarded  pupils. 

(2)  A  plan  prepared  and  approved  by  a  public  school 
board,  Roman  Catholic  separate  school  board  or  a 
Protestant  separate  school  board,  as  the  case  may  be,  in 
accordance  with  section  4  shall  be  implemented  by  the 
board  in  accordance  with  the  terms  of  the  plan  on  and 
after  the  date  designated  by  the  order  of  the  Lieutenant 
Governor  in  Council  made  in  respect  of  such  board. 


(3)  A  plan  developed  by  a  board  in  accordance  with 
.section  5  shall  be  implemented  by  the  board  in  accord- 
ance with  the  terms  of  the  plan  where  the  plan  is 
approved  by  the  Minister.     O.  Reg.  1057/80,  s.  8. 

9.  It  is  a  condition  of  a  plan  developed  under  this 
Regulation  that  each  committee  referred  to  in  subpara- 
graph iii  of  paragraph  5  of  subsection  1 0  (1 )  of  the  Act 
is  authorized  to  schedule  the  referrals  to  the  committee 
in  such  manner  as  to  enable  the  committee  to  deal  with 
the  referrals  in  an  orderly  manner.  O.  Reg.  1057/80, 
s.  9. 

10.  Where, 

(a)  the  plans  and  any  amendment  thereto  sub- 
mitted under  section  3;  or 

ib)  the  plans  submitted  under  section  4  or  6, 

have  been  reviewed,  the  Minister  may  require  any 
board  that  submitted  a  plan  or  an  amendment  thereto, 
as  the  case  may  be,  to  make  changes  in  the  plan  that  the 
Minister  considers  necessary  to  maintain  uniformity  in 
the  planning  approach  of  boards  and  the  plan  as 
changed  shall  be  resubmitted  to  the  Minister  and 
implemented  in  accordance  with  subsection  8  (1)  or  (2), 
as  the  case  may  be.     O.  Reg.  1057/80,  s.  10. 


Reg.  275 EDUCATION 235 

REGULATION  275 

under  the  Kducation  Act 
SPECIAL  GRANT 

1.  Subject  to  the  approval  of  the  Lieutenant  Governor  in  Council,  the  Minister  may  pay  in  any  year, 
pursuant  to  a  request  from  a  board,  in  addition  to  the  grant  pa\able  under  the  General  Legislative  Grant 
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.     O.  Reg.  880/74,  s.  I. 

2.  A  board  to  which  a  special  grant  is  paid  in  a  year  under  section  1  is  not  precluded  from  applying  for  and 
receiving  a  special  grant  in  an  ensuing  year.     O.  Reg.  880/74,  s.  2. 

3.  The  Minister,  subject  to  the  approval  of  the  Lieutenant  Governor  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  >ear  next  following  the  year  in  which  it  is  made  if  it  is  not  applied  as  prescribed.     Q.  Reg. 

880/74,  s.  3. 


Reg.  276 


EDUCATION 


237 


REGULATION  276 


under  the  Education  Act 


SUPERVISORY  OFFICERS 
PART  1 

QUALIFICATIONS  OF  SUPERVISORY  OFFICERS 

1.— (1)  In  this  Part. 

(a)  "architect"  means  a  person  who  is  a 
member  of  the  Ontario  Association  of 
Architects  or  a  person  who  is  licensed  to 
practise  as  an  architect  under  the  Architects 
Act; 

(6)  "chartered  accountant"  means  a  member 
of  The  Institute  of  Chartered  Accountants 
of  Ontario ; 

(c)  "Principal's  Certificate"  means  a  perman- 
ent principal's  certificate; 

(d)  "professional  engineer"  means  a  person 
registered  as  a  professional  engineer  or  a 
person  who  is  licensed  to  practise  as  a 
professional  engineer  under  the  Professional 
Engineers  Act.     O.  Reg.  140/75,  s.  1  (1). 

(2)  A  person  who  holds  a  Supervisory  Officer's  Cer- 
tificate or  who  under  this  Regulation  is  deemed  to  hold  a 
Supervisory  Officer's  Certificate  is  qualified  as  a  super- 
visory officer  under  this  Regulation,  and  a  person 
employed  by  a  board  with  the  approval  of  the  Minister 
under  subsection  3  (4)  is  qualified  as  a  supervisory 
officer  under  this  Regulation  for  the  period  during 
which  the  person  is  employed  by  the  board  in  a 
position  referred  to  in  that  subsection.  O.  Reg. 
496/79,  s.  1. 

2. — (1)  A  candidate  for  a  Supervisory  Officer's 
Certificate  shall  make  application  to  the  Minister 
before  the  first  day  of  December  to  take,  in  the 
year  next  following,  the  written  and  oral  exami- 
nations prescribed  by  the  Minister.  O.  Reg.  140/75 , 
s.  2  (1). 

(2)  A  candidate  for  a  Supervisory  Officer's  Certifi- 
cate shall  submit  to  the  Minister  with  his  application 
evidence  that  he  has  seven  years  of  successful  experi- 
ence, 

(a)  as  a  teacher  and  that  he  holds, 

(i)  the  degree  of  Bachelor  of  Arts  or 
Bachelor  of  Science  from  an  Ontario 
university,  or  a  degree  the  Minister 
considers  equivalent  thereto. 


(ii)  a  permanent  teaching  certificate  valid 
in  Ontario,  and 

(iii)  one  of, 

(A)  an  Elementary  School  Princi- 
pal's Certificate, 

(B)  a  Secondary  School  Principal's 
Certificate,  Type  A, 

(C)  a  Secondary  School  Principal's 
Certificate,  Type  B, 

(D)  a  Secondary  School  Principal's 
Certificate, 

(E)  a  Program  Supervision  and 
Assessment  qualification  and, 
subsequent  to  obtaining  such 
qualification,  at  least  one  year 
of  successful  experience  as 
principal  or  vice-principal  of  a 
school,  as  certified  by  the 
appropriate  supervisory 
officer,  or 

(F)  a  Master  of  Education  degree 
or  a  degree  the  Minister  consid- 
ers equivalent  thereto;  or 

(b)  in  business  administration  acceptable  to  the 
Minister,  at  least  two  years  of  which  is  in  the 
employ  of  a  board  in  Ontario  or  of  the  Minis- 
try, and  that  he  holds, 

(i)  the  degree  of  Bachelor  of  Arts  or 
Bachelor  of  Science  from  an  Ontario 
university  or  a  degree  the  Minister 
considers  equivalent  thereto,  or  is  an 
architect,  a  chartered  accountant  or  a 
professional  engineer,  or  holds  a  pro- 
fessional qualification  the  Minister 
considers  equivalent  thereto,  and 

(ii)  one  of, 

(A)  the  degree  of  Master  of  Educa- 
tion or  Master  of  Business 
Administration  or  a  degree  the 
Minister  considers  equivalent 
thereto,  or 

(B)  a  certificate  indicating  suc- 
cessful completion  of  a  program 
in  school  management  ap- 
proved  by  the  Minister  and 


238 


EDUCATION 


Reg.  276 


evidence  of  successful  comple- 
tion of  two  additional  courses 
approved  by  the  Minister  for 
the  purpose  of  thig  clause;  or 

(c)  in  business  administration  acceptable  to  the 
Minister,  at  least  five  years  of  which  is  in  the 
employ  of  a  board  in  Ontario  or  of  the  Minis- 
try, and  that  he  holds, 

(i)  a  certificate  as  a  Certified  General 
Accountant,  or  a  designation  as  a 
Registered  Industrial  Accountant  from 
the  Society  of  Management  Accoun- 
tants, and 

(ii)  the  qualifications  set  out  in  sub- 
clause (b)  (ii).  O.  Reg.  496/79,  s.  2; 
O.  Reg.  726/79,  s.  1. 

(3)  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)  the  Acts  administered  by  the  Minister  and 
the  regulations  thereunder ; 

(b)  the  curriculum  guidelines  and  other  refer- 
ence material  pertaining  to  elementary  and 
secondary  education  in  Ontario ;  and 

(c)  theories  and  practices  of  supervision,  ad- 
ministration, and  business  organization 
that  may  be  applicable  to  the  effective 
operation  of  a  school  system. 

(4)  Where  a  candidate  obtains  standing  satis- 
factory to  the  Minister  on  each  of  the  written 
and  oral  examinations  referred  to  in  subsection  (1), 
the  Minister  shall  grant  him  a  Supervisory  Officer's 
Certificate.     O.  Reg.  140/75,  s.  2  (3,  4). 

3. — (1)  A  supervisory  officer  responsible  for  the 
development,  implementation,  operation  and  supervi- 
sion of  educational  programs  in  schools  shall, 

(a)  hold  the  qualifications  set  out  in  clause  2  (2) 
(a)  and  a  Supervisory  Officer's  Certificate;  or 

ib)  be  a  person  who  is  deemed  to  hold  a  Super- 
visory Officer's  Certificate  under  section 
4.     6.  Reg.  496/79,  s.  3  (1). 

(2)  A  senior  business  official  who, 

(a)  reports  to  a  director  of  education ;  or 

(b)  reports  to  an  assistant  director  of  edu- 
cation or  associate  director  of  education; 
or 

(f)  is  employed  by  a  board  that  has  an  enrol- 
ment of  more  than  600  pupils  and  that 
does  not  employ  a  director  of  education. 


shall,  subject  to  subsection  (4),  be  a  person  who  holds, 
or  who  under  this  Regulation  is  deemed  to  hold,  a 
Supervisory  Officer's  Certificate,  or  who  holds  other 
qualifications  acceptable  to  the  Minister.  O.  Reg. 
140/75,  s.  3  (2);  O.  Reg.  496/79,  s.  3  (2). 

(3)  A  business  official  who, 

(a)  is  assigned  one  or  more  of  the  duties  of  a 
supervisory  officer ; 

ib)  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  considers  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 
Supervisory  Officer's  Certificate,  or  who  holds  other 
qualifications  acceptable  to  the  Minister.  O.  Reg. 
140/75,  s.  3  (3);  O.  Reg.  496/79,  s.  3  (3). 

(4)  A  board  may,  with  the  approval  of  the  Minister, 
appoint  as  a  senior  business  official  to  whom  subsection 
(2)  applies  or  a  business  official  to  whom  subsection  (3) 
applies,  for  a  term  fixed  by  the  Minister,  a  person  who 
does  not  hold  a  Supervisory  Officer's  Certificate  and  is 
not  deemed  to  hold  such  certificate  under  this  Regula- 
tion if, 

(a)  such  person  holds  the  qualifications  set  out  in 
subclause  2  (2)  (h)  (i)  or  subclause  2  (2)  (c)  (i) 
and  agrees  with  the  board  in  writing  to  com- 
plete the  requirements  of  subclause  2  (2)  (b) 
(ii)  or  subclause  2  (2)  (c)  (ii),  as  the  ca.se  may 
be,  within  the  term  fixed  by  the  Minister  and 
to  be  a  candidate  at  the  written  or  oral 
examinations  referred  to  in  subsection  2  (1)  at 
the  first  opportunity  available  to  such  person; 
and 

(b)  the  board  agrees  with  the  Minister  in  writing 
that  it  will  take  all  necessar>'  steps  to  termi- 
nate the  appointment  of  the  person  to  such 
position  forthwith  upon  the  person  ceasing  to 
make  satisfactory  progress  toward  the  com- 
pletion of  such  requirements.  O.  Reg.  496/ 
79,  s.  3  (4). 

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  Principal's 
Certificate,  or  a  Secondary  School 
Principal's  Certificate,  Type  A;  or 


Reg.  276 


EDUCATION 


239 


(6)  served  £is  a  provincial  inspector  of  second- 
ary schools  or  a  municipal  inspector  of 
secondary  schools, 

is  deemed  to  hold  a  Supervisory  Officer's  Certificate. 
O.  Reg.  140/75,  s.  4. 

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  jjerson  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  Supervis- 
ory Officer's  Certificate.     O.  Reg.  140/75,  s.  5. 


PART  II 

TRANSFER   AND   DISMISSAL 

6. — (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  organizational  plan  of  operation  in 
respect  of  schools  or  of  supervisory  services 
that  eliminates  the  position  or  merges  it 
with  another  position ; 

(6)  a  reduction  in  the  number  of  classes  or 
in  the  business  functions  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  unnecessary 
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  is  qualified,  with  supervisory 
and  administrative  responsibilities  as 
similar  as  possible  to  those  of  his  previous 
position ;  and 

(c)  pay  the  supervisory  officer  for  at  least 
one  year  following  the  date  of  the  transfer 
with  no  reduction  in  his  rate  of  salary. 
O.  Reg.  140/75,  s.  6. 

7.  Where  a  board  considers  that  a  supervisory 
officer  has  neglected  his  duty  or  is  guilty  of  mis- 
conduct or  inefficiency,  the  board  shall  cause  notice 
to  be  given  in  writing  to  the  supervisory  officer 
stating    the    alleged    neglect,    misconduct    or    in- 


efficiency and  requiring  that  he  app>ear  before  a 
committee  of  the  board,  on  a  specified  date  not 
less  than  six  months  from  the  date  of  the  notice, 
to  review  his  performance.     O.  Reg.  140/75,  s.  7. 

8. — (1)  Where  the  committee  referred  to  in 
section  7  reports  to  the  board  that  the  work  of  the 
supervisory  officer  is  so  unsatisfactory  as  to  con- 
stitute grounds  for  dismissal  under  section  257  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  chairman  of  the  committee 
shall  send  a  copy  of  the  recommendation  to  the 
supervisory  officer  and  shall  advise  him  in  writing 
that  he  is  entitled  to  a  hearing,  to  which  Part  I 
of  the  Statutory  Powers  Procedure  Act,  except  subsec- 
tion 9  (1)  thereof,  shall  apply,  such  hearing  to  be  before 
the  committee  of  the  whole  board,  and  that,  if  he  does 
not  request  a  hearing  within  fifteen  days  after  the  date  of 
the  advice,  he  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.     O.  Reg.  140/75,  s.  8. 

9. — (1)  After  the  hearing  or  after  the  super- 
visory officer  has  waived  the  hearing  referred  to 
in  section  8,  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  chairman  of 
the  board. 

(2)  Upon  receipt  of  the  recommendation  of  dis- 
missal, 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.     O.  Reg.  140/75,  s.  9. 

10.  Where  a  supervisory  officer  is  dismissed  in 
accordance  with  section  9,  the  board  shall  pay 
him  a  severance  allowance  equal  to  the  salary  to 
which  he  would  have  been  entitled  for  the  remainder 
of  the  school  year  or  for  six  months,  whichever  is 
the  greater.     O.  Reg.  140/75,  s.  10. 

11.  Where  a  supervisory  officer  is  charged  with  an 
offence  against  the  laws  of  Canada  or  Ontario 
in  resj)ect  of  conduct  that  the  board  believes 
constitutes  grounds  for  suspension  under  section  257 
of  the  Act,  the  board  may  suspend  the  supervisory 
officer  from  any  or  all  of  his  duties  and  shall 
continue  to  pay  him  his  salary  until  a  court  has 
finally  decided  the  case  and  the  time  for  making 
an  appeal  has  passed.     O.  Reg.  140/75,  s.  11. 


240 


EDUCATION 


Reg.  276 


12.  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  257 
of  the  Act,  the  board  shall  cause  notice  to  be  given 
in  writing  to  the  supervisory  officer  that  it  proposes 
to  dismiss  him,  and  such  notice  shall  include  the 
reasons  for  the  proposed  dismissal  and  shall  advise 
the  supervisory  officer  that  he  is  entitled  to  a  hearing, 
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  he  does  not  request  a  hearing  within  fifteen  days  after 
the  date  of  the  notice,  he  shall  be  considered  to  have 
waived  the  hearing.     O.  Reg.  140/75,  s.  12. 

13. — (1)  After  the  hearing  or  after  the  supervisory 
officer    has    waived    the    hearing    referred    to    in 


section  12,  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  dismissal  to  the  board  through 
the  chairman  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.     O.  Reg.  140/75,  s.  13. 

14.  Where  a  supervisory  officer  is  dismissed  in 
accordance  with  section  13  and  is  paid  a  severance 
allowance,  such  allowance  shall  not  exceed  the 
severance  allowance  set  out  in  section  10.  O.  Reg. 
140/75,  s.  14. 


Reg.  277 


EDUCATION 


241 


REGULATION  277 


under  the  Education  Act 


TEACHERS'  CONTRACTS 

FORM  OF  CONTRACTS 

1. — (1)  Every  contract  between  a  board  and  a 
permanent  teacher  shaD  be  in  Form  1 . 

(2)  Every  contract  between  a  board  and  a  pro- 
bationary teacher  shall  be  in  Form  2.  R.R.O.  1970, 
Reg.  208,  s.  1. 

PAYMENT  OF  SALARIES 

2. — (1)  A  board  shall  pay  the  salary  of  a  teacher 
under  its  jurisdicticm  in  the  number  of  payments  set 
forth  in  the  contract  but  not  fewer  than  ten. 

(2)  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  shaU  be  deemed 
to  be  varied  accordingly.  R.R.O.  1970,  Reg.  208, 
s.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  Countv 


(or  as  the  case  may  be)  of  . . 
hereinafter  called  the  "Teacher". 


1.  The  Board  agrees  to  employ  the  Teacher  as  a 
(jermanent  teacher  and  the  Teacher  agrees  to  teadi 

for  the  Board  commencing  the  day 

of 19 at  a  yearly  salaiy 

of Dollars,  subject  to  any  changes  in 

salary  mutually  agreed  upon  by  the  Teacher  and  the 

Board,  payable  in payments, 

(not  fewer  than  ten) 
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  teach- 
ing month. 

ii.  Where  there  are  more  than  ten  payments, 
at  least  one-twelfth  on  or  before  the  last 
teaching  day  d  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  d  the  Board,  which- 
ever is  the  earlier. 

2.  This  Agreement  is  subject  to  the  Teacher's 
continuing  to  hold  qualifications  in  accordance  with 
the  Acts  and  the  regulations  administered  by  the 
Minister. 

3.  The  Teacher  agrees  to  be  diligent  aixl  faithful 
in  his  duties  during  the  period  d  his  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  attendance  thereat  is  certified  by  the 
supervisory  officer  concerned  or  by  the  chairman 
of  the  conference,  the  Board  agrees  to  make  no 
deductions  ircxn  the  Teacher's  salary  for  his  absence 
during  that  attendance. 

5.  Where  an  Act  of  Ontario  or  a  regulation  there- 
under authorizes  the  Teacher  to  be  absent  from 
sch(X)l  without  loss  of  pay,  the  Board  agrees  that  no 
deduction  from  his  pay  will  be  made  for  the  period  of 
absence  so  authorized. 

6.  This  Agreement  may  be  terminated, 

(a)  at  any  time  by  the  mutual  consent  in  writing 
of  the  Teacher  and  the  Board;  or 

ib)  on  the  31st  day  of  December  in  any  year  of 
the  Teacher's  emplojmient  by  either  party 
giving  written  notice  to  the  other  on  or 
before  the  last  preceding  30th  day  of 
November;  or 

(c)  on  the  31st  day  of  August  in  any  year  of  the 
Teacher's  emplojmient  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  in 
the  event  of  his  entering  into  an  agreement  with 
another  board  he  will  within  forty-eight  hours  notify 


242 


EDUCATION 


Reg.  277 


the   Board  in   writing  of  the  termination  of  this 
Agreement  unless  the  notice  has  already  been  given. 

8.  Where  tho  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  accordance  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  Chairman  of  the  Board) 


(signature  of  Secretary  of  the  Board) 


(signature  of  Teacher) 


R.R.O.  1970,  Reg.  208,  Form  1 ;  O.  Reg.  803/73,  s.  1 ; 
O.  Reg.  676/74,  s.  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  toacli 

for  the.  Board  commencing  the day  of 

19 at  a  yearly  salary  of Dollars, 

subject  to  any  changes  in  salary  mutually  agreed 
ujK)n  by  the  Teacher  and  the  Board,  payable  in 


payments,    less    any    lawful 

(not  fewer  than  ten) 

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 
thf  last  teaching  day  of  June,  or  at  the 
time  of  leaving  thf  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  administered  by  the 
Minister. 

3.  The  Teacher  agrees  to  be  diligent  and  faithful 
in  his  duties  during  the  period  of  his  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  attendance  thereat  is  certified  by  the 
supervisory  officer  concerned  or  by  the  chairman  of 
the  conference,  the  Board  agrees  to  make  no  deduc- 
tions from  the  Teacher's  salary  for  his  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  pay  will  be  made  for 
the  period  of  absence  so  authorized. 

6.  Notwithstanding  anything  in  this  contract  this 
Agreement  may  be  terminated, 

(a)  at  any  time  by  the  mutual  consent  in  writing 
of  the  Teacher  and  the  Board;  or 

(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 
November;  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  in  the 
event  of  his  entering  into  an  agreement  with  another 
board  he  will  within  forty-eight  hours  notify  the  Board 
in  writing  of  the  termination  of  this  Agreement  unless 
the  notice  has  already  been  given. 


Reg.  277 


EDUCATION 


243 


8.  Where  this  Agreement  is  not  terminated  under 
paragraph  6  at  the  conclusion  of  the  probationary 
period  in  paragraph  1,  the  Teacher  is  deemed  to  be 
employed  £is  a  permanent  teacher  by  the  Board. 


In  Witness  whereof  the  Teacher  has  signed  and  the 
Board  h£is  affixed  hereto  its  corporate  seal  attested 
by  its  proper  officers  in  that  behalf.. 


(signature  of  Chairman  of  the  Board) 
(signature  of  Secretary  of  the  Board) 

(signature  of  Teacher) 


R.R.O.  1970.  Reg.  208,  Form  2;  O.  Reg.  803/73.  s.  2; 
O.  Reg.  676/74.  s.  2. 


Reg.  278 


ELDERLY  PERSONS  CENTRES 


245 


REGULATION  278 

under  the  Elderlv  Persons  Centres  Act 


GENERAL 

1.  In  this  Regulation, 

(a)  "architect"  means  an  architect  who  is  a 
member  in  good  standing  of  the  Ontario 
Association  of  Architects ; 

{b)  "fiscal  year"  of  a  corporation  means  the 
period  designated  by  the  Minister  as  the 
fiscal  year  of  the  corporation; 

(c)  "professional  engineer"  means  a  profes- 
sional engineer  who  is  a  member  in  good 
standing  of  the  Association  of  Professional 
Engineers  of  the  Province  of  Ontario. 
R.R.O.  1970,  Reg.  235,  s.  1;  O.  Reg.  347/79, 
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 
complies  with, 

(a)  the  laws  affecting  the  health  of  inhabitants  of 
the  municipality  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; 

(f)  any  by-law  of  the  municipality  in  which  the 
centre  is  located  or  other  law  for  the  protection 
of  persons  from  fire  hazards; 

id)  any  restricted  area,  standard  of  housing  or 
building  by-law  passed  by  the  municipality  in 
which  the  centre  is  located  pursuant  to  Part 
III  of  the  Planning  Act  or  any  predecessor 
thereof; 

(e)  the  requirements  of  Regulation  87  of  Revised 
Regulations  of  Ontario,  1980  made  under  the 
Building  Code  Act;  and 

(/)  the  requirements  of  Regulation  794  of 
Revised  Regulations  of  Ontario,  1980  made 
under  the  Power  Corporation  Art.  O.  Reg. 
767/79,  s.  I,  part. 

3. — (1)  For  the  purposes  of  this  section  and  sections 
4,  5,  6  and  7, 

(o)  "actual  cost"  means  the  cost  of  a  building 
project  and  includes. 


(i)  fees  payable  for  the  services  of  an 
architect,  professional  engineer,  or 
other  consultant, 

(ii)  the  cost  of  purchasing  and  installing 
furnishings  and  equipment, 

(iii)  the  cost  of  land  surveys,  soil  tests, 
permits,  licences  and  legal  fees, 

(iv)  the  cost  of  paving,  sodding  and  land- 
scaping, and 

(v)  the  cost  of  acquiring  the  land  necessary 
for  the  building  project; 

(b)  "applicant  for  a  capital  grant"  means  a 
municipality  or  an  approved  corporation  that 
is  applying  or  has  applied  for  a  grant  under 
subsection  4  (1)  of  the  Act  for  the  erection, 
alteration,  extension,  renovation,  acquisition 
or  the  furnishing  and  equipping  of  a  centre; 

(f )  "approved  cost"  means  that  portion  of  the 
actual  cost  of  a  building  project  approved  by 
the  Minister; 

(d)  "building  project"  means  a  project  composed 
of  one  or  more  of  the  following  elements: 

(i)  for  the  purchase  or  other  acquisition  of 
all  or  any  part  of  an  existing  building  or 
buildings  including  the  land  contigu- 
ous thereto, 

(ii)  any  renovations,  alterations  or  addi- 
tions to  an  existing  building  or  build- 
ings, 

(iii)  the  purchase  or  other  acquisition  of 
vacant  land  for  the  purpose  of  con- 
structing a  building  or  buildings  there- 
on, 

(iv)  the  erection  of  a  new  building,  or  any 
part  thereof, 

(v)  the  demolition  of  a  building, 

(vi)  the  installation  of  public  utilities,  sew- 
ers and  items  or  services  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 


246 


ELDERLY  PERSONS  CENTRES 


Reg.  278 


approved  cost  of  the  building  project.     O.  Reg.  Ibljl^, 
s.  1,  part. 

4. — (1)  An  application  for  a  capital  grant  shall  be 
made  to  the  Minister  on  a  form  provided  by  the  Minis- 
ter. 

(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  subclause  3  (1)  (d) 
(i),  (ii),  (iv)  or  (vi), 

(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  purposes  of  the  Act;  or 

(b)  where  the  Minister  approves,  structural 
sketches  and  specifications  prepared  by  a  per- 
son 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  Minister  shall  be  amended  or  altered  without 
the  approval  of  the  Minister.  O.  Reg.  767/79,  s.  1, 
part. 

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  Minis- 
ter 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  commenced 
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, 

(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  thfe  total  estimated 
amount  of  work  required  for  completion;  or 

{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, 

whichever  is  the  greater. 


(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  Minister  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  refund- 
able sales  tax  has  been  taken  into 
account, 

(iii)  a  statement  indicating  that  the  total 
amount  of  the  unpaid  accounts  applic- 
able 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  remaining  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  coun- 
cil of  that  municipality  togethef  with  the  councils  of  one 
or  more  contiguous  municipalities,  has  directed  pay- 
ment to  the  corporation  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  personal  prop- 
erty, approved  by  the  Minister,  that  is  equivalent  in 
value  to  at  least  20  per  cent  of  the  actual  cost  of  the 
building  project.     O.  Reg.  767/79,  s.  I,  part. 

6.  No  applicant  for  or  recipient  of  a  capital  grant 
for  a  building  project  shall, 

(a)  acquire  a  building  or  land  for  the  building 
project; 

(6)  call  tenders  for  the  building  project; 

(c)  commence  construction  of  the  building  pro- 
ject; or 

(d)  erect  any  temporary  or  permanent  sign,  tablet 
or  plaque  on  the  site  or  building  project, 

without  the  written  approval  of  the  Minister.     O.  Reg. 
767/79,  s.  I,  part. 


Reg.  278 


ELDERLY  PERSONS  CENTRES 


247 


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  the  payment  enter  into  an  agreement 
with  the  Minister  in  which  the  applicant  shall  agree  not 
to, 

(a)  contravene  the  provisions  of  subsection  8(1) 
of  the  Act; 

(b)  use  all  or  any  part  of  the  building,  buildings  or 
land  for  a  purpose  other  than  that  for  which  a 
grant  has  been  or  is  payable;  or 

(f)  demolish  or  make  alterations  or  additions  to 
all  or  any  part  of  the  building  or  buildings. 

without  the  written  approval  of  the  Minister  and  the 
Minister  may  require,  as  a  condition  of  the  approval  of 
the  payment,  that  the  recipient  repay  the  whole  or  such 
part  of  the  payment  as  the  Minister  considers  approp- 
riate in  the  circumstances  where  there  is  a  default  under 
the  agreement.     O.  Reg.  767/79,  s.  I,  part. 

8.  Expenditures  incurred  by  a  municipality  or  an 
approved  corporation  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  efficient  operation  of  an  approved 
centre  and  the  cost  of  which  is  not  excessive 
for  the  purpose;  and 

(c)  are  in  excess  of  $300, 

are  capital  expenditures  for  which  a  grant  may  be  paid 
under  subsection  4  (1)  of  the  Act,  upon  application  by 
the  municipality  or  the  approved  corporation  in  an 
amount  equal  to  30  per  cent  of  the  amount  of  the 
approved  expenditures  incurred.  O.  Reg.  767/79, 
s.  I,  part. 

9.  A  municipality  or  an  approved  corporation  shall 
in  respect  of  every  approved  centre  operated  by  it  keep 
and  mayitain  an  inventory  of  all  furnishings  and 
equipment  acquired  by  the  centre  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  and  contain  such  additional  information 
as  the  Director  may  require.  O.  Reg.  767/79,  s.  1, 
part. 

10. — (1)  An  application  by  a  municipality  or  an 
approved  corporation,  as  the  case  may  be,  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  submitted  monthly,  quarter-yearly,  half-yearly  or 
yearly  and  shall  be  submitted  to  the  Director  not  later 
than  the  last  day  of  the  month  immediately  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  sub- 
section (1). 

(3)  In  respect  of  expenditures  incurred  on  and  after 
the  1st  day  of  January,  1974,  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 
SI, 250.     O.  Reg.  1039/80,  s.  1. 

(4)  In  determining  the  maximum  net  monthly 
expenditure  under  subsection  (2), 

(a)  the  Director  may  average  the  exp)enditure  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  subsection  4  (1)  of  the  Act  shall  not  be 
included.  O.  Reg.  203/73,  s.  4;  O.  Reg. 
347/79,  s.  2. 

11.  The  sum  payable  by  a  municipality  or 
municipalities,  as  the  case  may  be,  to  an  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  corporation  of  maintaining  and  operating  its 
approved  centre  or  centres  determined  in  accordance 
with  the  form  referred  to  in  subsection  10  (1). 
O.  Reg.  1039/80,  s.  2,  part. 

12.  It  is  a  term  and  condition  of  payment  of  a  grant 
under  subsection  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.  O.  Reg.  1039/80, 
s.  2,  part. 

13.  A  grant  ma\'  be  paid  under  section  5  of  the  Act  to  a 
municipality  or  to  an  approved  corporation  for  costs  of 
a  program  of  services  for  elderly  persons  in  an  approved 
centre,  but  in  no  case  shall  the  total  grant  under  section 
5  of  the  Act  exceed  $15,000  for  any  approved  centre 
during  any  fiscal  year.     O.  Reg.  347/79,  s.  3. 

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  hrt-  chief  stating 
that  the  premises  meet  all  the  rt(iuirements 
of  any  statute,  regulation  or  by-law  for  the 


248 


ELDERLY  PERSONS  CENTRES 


Reg.  278 


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  satis- 
factory to  the  Director; 

(d)  keep  separate  books  of  account, 

(i)  setting  forth  the  revenues  and  ex- 
penditures of  the  centre, 

(ii)  containing  a  separate  record  of  the 
moneys  received  by  the  centre  from 
sources  other  than  under  the  Act, 
and 

(iii)  that  are  audited  at  least  once  a  year 
by  a  licensed  public  accountant  in 
the  case  of  the  approved  corporation 
and  an  auditor  licensed  in  accordance 
with  the  Municipal  Affairs  Act  and 
appointed  in  accordance  with  the 
Municipal  Act  in  the  case  of  the 
municipality; 

(e)  furnish  to  the  Director  not  later  than  the  last 
day  of  the  fourth  month  following  the  end  of 
each  fiscal  year  financial  statement  of  the 
centre  for  the  immediately  preceding  fiscal 


year  together  with  a  report  of  a  licensed  public 
accountant  in  the  cjise  of  the  approved  corpo- 
ration 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 
his  opinion, 

(i)  he  has  received  all  the  information  and 
explanations  he  has  required, 

(ii)  the  financial  statement  and  the  claims 
for  provincial  subsidy  are  in  accor- 
dance with  the  books  and  records  of 
the  centre  and  approved  corporation, 
as  the  case  may  be, 

(iii)  the  calculation  of  the  provincial  sub- 
sidy is  in  accordance  with  the  Regula- 
tions, and 

(iv)  the  financial  statement  has  been  pre- 
pared in  accordance  with  generally 
accepted  accounting  principles  applied 
on  a  basis  consistent  with  that  of  the 
preceding  year, 

and  such  other  financial  and  statistical  infor- 
mation as  the  Director  may  require. 
R.R.O.  1970,  Reg.  235,  s.  9;  O.  Reg.  117/71 
s.  5  (1-5);  O.   Reg.  40/72,  s.  6;  O.   Reg. 
203/73,  s.  6;  O.  Reg.  347/79,  s.  4. 


Reg.  279  ELECTION  249 

REGULATION  279 

under  the  Klection  Act 

FEES  AND  EXPENSES 

I.  The  fees  and  expenses  allowed  under  the  Act  are  set  forth  in  the  Schedule.     O.  Reg.  517/80,  s.  1. 

Schedule 

Notes: 

1.  In  this  Schedule, 

(rt)   "necessary",  "reasonable"  anfl  "related"  mean  necessary,  reasonable  and  related,  as  the  case  may 
be,  in  the  opinion  of  the  Chief  Election  Officer; 

{b)   "rural"  means, 

(i)  a  municipality  not  described  in  clause  (c), 

(ii)   territory  without  municipal  organization,  and 

(iii)  polling  rlivisions  designated  as  rural  b\  the  Chief  Election  Officer  on  the  recommendation 
of  the  returning  officer  such  as  those  which  are  rural  in  character  but  located  in  newly- 
organized  urban  cities  and  towns,  and,  where  designated  "rural",  polling  divisions  remain 
so  for  all  purposes  during  the  election  period; 

(f )   "urban"  means, 

(i)   a  city,  town,  village  or  improvement  district  having  a  population  of  at  least  5,000, 

(ii)   a  township  having  a  population  of  at  least  10,000,  and 

(iii)   a  municipality  adjacent  to  a  city  having  a  population  of  at  least  100,000. 

2.  For  the  purpose  of  declaring  a  polling  division  to  be  rural  or  urban,  the  population  figures  used  shall  be 
those  shown  in  the  latest  Ontario  Municipal  Directory. 

3  For  all  printing  and  for  an>  items  purchased  for  use  at  a  provincial  election ,  Federal  and  Ontario  sales  tax 
applies. 

4.  Sujjplicrs'  invoices  must  be  checked  for  accurac\  as  to  quantity  received,  price,  extensions  and  sales  tax, 
certified  with  the  approval  stamp  and  the  original  signature  of  the  returning  officer,  and  submitted  to  the 
Election  Office  for  approval  and  pa\  ment. 

All  suppliers'  invoices  must  be  headed  up  as  follows: 

BILLED  TO:     (name  of  returning  officer) 

Returning  Officer  for  the  Electoral  District  of  (Name  of  electoral  district) 

(Address  of  returning  officer)* 

'■•Home  address  for  post-election  billings. 

5 .  The  fees  and  allowable  exf)enses  prescribed  in  items  5  and  7  under  "Fees  and  Expenses"  may  be  pro-rated 
flownwards  where  such  duties  are  directed  by  the  Chief  Election  Officer  to  be  done  more  than  once 
between  elections. 

6.  Being  fees,  the  amounts  payable  to  persons  appointed  as  enumerators  or  poll  officials  etc.  are  not  required 
to  equal  minimum  wage  requirements  but  efforts  are  made  to  make  the  fees  competitive. 


250 ELECTION Reg.  279 

7.  Where  the  amounts  provided  in  the  following  items  of  this  Schedule  do  not,  by  reason  of  the  size  and 
character  of  the  electoral  district  or  other  special  circumstances,  constitute  adequate  remuneration  to 
election  officers  and  other  persons  employed  at  or  with  respect  to  an  election,  including  landlords  of 
premises  used  for  the  purpose  of  the  election,  the  Chief  Election  Officer  may  authorize  the  payment  of 
such  extra  amount  as  he  deems  necessary  to  provide  sufficient  remuneration.  Where  an  extra  amount  is 
paid,  that  extra  amount  shall  not  exceed  30  per  cent  of  the  amount  that  is  otherwise  payable. 

FEES  AND  EXPENSES 

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  The  amount  per  kilometre 

allowable  at  the  relevant  time  to  a  civil  servant  in  accordance  with  the 
policy  established  by  Management  Board  of  Cabinet  in  the  Manual  of 
Administration 

—  other  transportation  and  related  travel  expenses   Receipts 

URBAN  —  for  each  polling  place  and  advance  poll   $2.50 

2.  Sundry  Items  fjj 

« 
Reimbursement  of  cash  outlays  for  office  supplies,  stationery,  postage,  pay  tele- 
phone calls,  base  map{s)  and  required  copies  of  final  map{s)  etc.,  but  excluding 
meals Receipts 

3.  Payment  for  any  election  expenses  not  specifically  set  out  herein  but  considered 
necessary  and  reasonable  for  the  proper  conduct  of  an  election  Receipts 

BEFORE  AN  ELECTION 

4.  Course  on  electoral  procedure 

Attendance — including  part  payment  for  part  days $95.00  a  day 

Personal  driving The  amount  per  kilometre 

allowable  at  the  relevant  time  to  a  civil  servant  in  accordance  with  the  policy 
established  by  Management  Board  of  Cabinet  in  the  Manual  of  Administration 

Other  transportation  and  related  travel  expense Receipts 

PAYABLE  TO  RETURNING  OFFICER 

5.  Polling  Divisions 

Review,  when  ordered  by  the  Chief  Election  Officer $250.00 

Changes,  when  determined  as  necessary  after  review,  with  detailed  descriptions  of 

all  areas  or  boundaries $500.00 

Maps,  preparation  of  map  or  maps  of  electoral  district  with  polling  division  bound- 
aries and  poll  numbers  shown  by  bold  dark  lines  in  such  manner  as  to  be  suitable  for 
reproduction  of  copies  sufficient  for  the  distribution  noted  in  item  9 $250.00 

Typed  descriptions,  on  8'/i  x  14  inch  white  paper  as  per  format  supplied  by  the 
Election  Office  and  including  the  production  of  carbon  or  machine  copies  sufficient 
for  the  distribution  noted  in  item  9 $300.00 


Reg.  279  ELECTION  251 

6.  Storage  of  election  supplies  at  home  or  elsewhere  (no  insurance  required) $  20.00  a  month 

7 .  Key — preparation  of  original  or  revised  Key  to  urban  polling  divisions,  typed  on  8  Vz 
X  14  inch  white  paper  as  per  format  supplied  by  the  Election  Office  and  including 
the  production  of  carbon  or  machine  copies  sufficient  for  the  distribution  as  noted  in 

item  9 $     8.50  per  original 

page 

PLUS  —  in  an  urban  electoral  district $315.00 

—  in  a  mixed  urban  and  rural  electoral  district  (amount  determined  by  the 

Chief  Election  Officer)   $  65.00  minimum 

8.  Selection  of  polling  places  and  any  necessary  rental  agreement  negotiations   ....  $315.00 

9.  Distribution  of  maps,  descriptions  and  keys 

One  copy  to  the  Chief  Election  Officer 

One  copy  to  the  local  association  of  each  party 

Copies  required  for  use  in  the  returning  office 

During  an  Election 
returning  officer 

10.  Personal  fee 

All  duties  including  revision $2,000.00 

PLUS  —  Name  fee  —  for  each  name  on  the  polling  list 

If  a  poll  is  held  (minimum  $3,000.00) $  .10 

If  no  poll  is  held  (minimum  $1,500.00)   $  .05 

PAYMENT  OF  OFFICE  OR  OTHER  PERSONNEL 

1 1 .  Stenographers,  typists,  clerical  assistants  and  other  help  in  the  returning  office  and 
for  persons  to  post  advance  poll  and  notices  of  poll  —  for  each  name  on  the  polling 

list $  .11 

Cost  of  film  projectionist  where  necessary Vouchers 

RENTALS 

12.  Office  rental  as  approved  by  the  Chief  Election  Officer Approved 

Contract 

Facilities  for  instruction  meetings,  office  furniture,  business  machines  and  film 
projector Vouchers 

ELECTION  CLERK 

13.  Personal  Fee 

All  duties  including  those  of  assistant  revising  officer  if  recommended  by  the 

returning  officer  and  approved  by  the  Chief  Election  Officer 3/5  of  item  10 

14.  Rural  Travel  (there  is  no  urban  allowance  for  election  clerks) 

Personal  driving  as  directed  by  the  returning  officer   

The  amount  per  kilometre  allowable  at  the  relevant  time  to  a  civil  servant  in 


252 ELECTION Reg.  279 

accordance  with  the  policy  established  by  Management  Board  of  Cabinet  in  the 
Manual  of  Administration 

Related  rural  travel  expenses  as  approved  by  the  returning  officer Receipts 


15.  Attendance  by  a  returning  officer  and  election  clerk  at  a  judicial  recount  or  appeal 

from  decision  on  recount  and  paid  to  each $95.00  a  day 

ASSISTANT  REVISING  OFFICER 
(other  than  election  clerk) 

16.  In  special  circumstances  when  appointed  by  the  returning  officer  with  the  approval 
of  the  Chief  Election  Officer 

All  duties  as  directed  and  for  those  polling  divisions  allocated  by  the  returning 

officer $65 .  00  a  da>' 

PLUS  —  if  located  other  than  in  the  returning  office 

Personal  driving  in  rural  areas   

The  amount  per  kilometre  allowable  at  the  relevant  time  to  a  civil  .servant 
in  accordance  with  the  policy  established  by  Management  Board  of 
Cabinet  in  the  Manual  of  Administration 

Other  rural  transportation  and  related  travel  expense Receipts 

Sundry  supplies  Receipts 

REGULAR  ENUMERATORS 

17.  For  the  enumeration  of  a  polling  division  and  the  preparation  and  posting  of  the 
typed  list  of  voters  as  directed  and  approved  by  the  returning  officer  and  paid  to  each 

Basic  fee,  including  personal  driving  and  incidentals  i:  jji 

Rural $55.00 

Urban $40.00 

Attendance  at  class  of  instruction  including  travel  to  and  from  $15.00 

For  each  name  on  typed  list  submitted  to  the  returning  officer   $     .30 

Personal  driving  in  rural  or  mixed  rural  and  urban  electoral  districts  delivering  lists 

to  the  returning  officer  after  a  total  of  16  kilometres  of  travel   

The  amount  per  kilometre  allowable  at  the  relevant  time  to  a  civil  servant  in 
accordance  with  the  policy  established  by  Management  Board  of  Cabinet  in  the 
Manual  of  Administration 

Typing  of  lists  by  other  than  the  enumerators,  to  be  deducted  from  the  total  fee 

payable  to  each $     .04  a  name 

SPECIAL  ENUMERATORS 

18.  Special  enumeration  or  other  office  duties  as  directed  by  the  returning  officer  and 

paid  to  each $40.00  a  day 

Personal  driving,  rural  and  urban  —  paid  for  one  vehicle  per  pair  of  enumerators 

The  amount  per  kilometre  allowable  at  the 

relevant  time  to  a  civil  servant  in  accordance  with  the  policy  established  by  Man- 
agement Board  of  Cabinet  in  the  Manual  of  Administration 


Reg.  279  ELECTION  253 

POLLING  PLACE  RENTAL 

19.  Furnished  as  per  poll  rental  agreement 

per  polling  place $50.00  a  day 

DEPUTY  RETURNING  OFFICER 

20.  All  duties  in  connection  with  attending  and  holding  a  poll  and  making  a  return, 

including  advance  polls $60.00  a  day 

Attendance  at  class  of  instruction  including  travel  to  and  from  $15.00 

Postage  returning  ballot  box  in  remote  areas Receipts 

Personal  driving  in  rural  or  mixed  rural  and  urban  electoral  districts  picking  up  or 
returning  election  material  after  a  total  of  16  kilometres  of  travel  in  each  case 

The  amount  per  kilometre  allowable  at  the 

relevant  time  to  a  civil  servant  in  accordance  with  the  polic>-  established  by  Man- 
agement Board  of  Cabinet  in  the  Manual  of  Administration 

POLL  CLERK 

21.  All  duties  in  connection  with  attending  and  holding  a  poll,  including  advance  polls   $45.00  a  day 
Attendance  at  class  of  instruction  including  travel  to  and  from  $15.00 

CONSTABLES 

22.  In  the  capacity  of  Poll  Co-ordinator 

Attendance  at  a  polling  location  when  3  or  more  polling  places  are  being  held  .  .  $60.00  a  day 
Attendance  at  class  of  mstruction  including  travel  to  and  from  $15.00 

23.  In  the  capacity  of  Traffic  Director  if  required  in  a  poll $30.00 

SECURITY  GUARD 

24.  When  required  by  the  returning  officer  and  authorized  by  the  Chief  Election  Officer    Vouchers 

PRINTING 

Excluding  any  sundry  printing,  the  following  items  must  be  printed  according  to 
specifications  produced  by  the  Chief  Election  Officer  and  supplied  to  each  printer  by 
the  returning  officer.  The  prescribed  affidavit  taken  by  the  printer  and  the 
returning  officer  must  be  filed  with  the  Election  Office  before  any  payment  is 
approved. 

LIST  OF  ELECTORS 

25.  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  officer  including  up  to  25 
complete  sets,  trimmed  and  bound  with  cardboard  covers — 

Reproduced  by  a  printing  method  such  as  photo-offset up  to  $26.00  a  page 

Reproduced  by  a  machine  copier  such  as  Xerox,  etc up  to  $18.00  a  page 

Reproduced  by  a  machine  copier  such  as  Xerox,  etc.  at  the  returning  office  ....  up  to  $13.00  a  page 

PROCLAMATION 

26.  As  sample  format  —  up  to  a  maximum  of  300  copies   up  to  $125.00  a  lot 


254 ELECTION Reg.  279 

ADVANCE  POLL  NOTICE 

27.  As  sample  format  —  up  to  a  maximum  of  100  copies   up  to  $105.00  a  lot 

NOTICE  OF  POLL 

28.  Front  page  —  as  sample  format  —  up  to  a  maximum  of  400  copies  which  includes 

200  copies  for  sets  below up  to  $125.00  a  lot 

29.  Follow  sheets  (*)  from  pages  supplied  by  the  returning  officer,  to  be  sorted  and 
gathered  with  the  above  front  page  into  proper  sequence  and  stitched  in  a  set  —  up 
to  a  maximum  of  200  sets  for  each  original  follow  page  — 

Reproduced  by  a  printing  method  such  as  photo-offset up  to  $26.00  a  page 

Reproduced  by  a  machine  copier  such  as  Xerox,  etc up  to  $18.00  a  page 

Reproduced  by  a  machine  copier  such  as  Xerox,  etc.  at  the  returning  office  ....   up  to  $13.00  a  page 

*  (use  'key'  for  urban  polling  places,  poll  descriptions  for  rural  polling  places) 

BALLOTS 

30.  Printing  2  sides,  numbering  once  on  perforated  stub  and  stitched  or  stapled  (no 
gumming)  into  pads  of  25  ballots  each  —  per  1,000  ballots  — 

Printed  with  the  names  of  2  or  3  candidates  up  to  $26.00 

For  each  additional  name  on  ballot up  to  $1.35 

SUNDRY  PRINTING 

31.  As  ordered  by  the  returning  officer Invoices 

The  following  electoral  districts  have  been  designated  as  "Northern"  and  will  be 

subject  to  special  allowance:  -'      .. 

Algoma  Parr\'  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 $        2.65 

Name  fee  —  minimum  payable  —  if  poll  is  held   $4,500.00 

—  if  no  poll  is  held  .  .  . , $2,500.00 

O.  Reg.  517/80,  Sched. 


Reg.  280 


EMPLOYMENT  AGENCIES 


255 


REGULATION  280 

under  the  Employment  Agencies  Act 


GENERAL 

1.  In  this  Regulation, 

(a)  "homemaker"  means  a  person  who  per- 
forms housekeeping  services,  includ- 
ing cleaning,  other  than  as  a  sitter  only; 

(6)  "operator"  means  a  person  who  carries 
on  the  business  of  an  employment  agency ; 

(c)  "sitter"  means  a  person  who  is  respon- 
sible for  the  safekeeping  of  a  person  in 
his  charge  and  who  performs  no  other 
services.     R.R.O.  1970,  Reg.  241,  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  employ- 
ment for  persons  other  than  sitters  or  home- 
makers; 

(c)  Class  C  employment  agencies,  consisting  of 
employment  agencies  that  procure  employ- 
ment for  sitters  only;  and 

(rf)  Class  D  employment  agencies,  consisting  of 
employment  agencies  that  procure  employ- 
ment for  homemakers  or  homemakers.  and 
.sitters.     R.R.O.  1970,  Reg.  241,  s.  2. 

3.  No  operator  of  an  employment  agency  of  a  class 
shall  have  any  financial  interest,  whether  proprietary 
or  otherwise,  in  an  employment  agency  of  another 
class.     R.R.O.  1970,  Reg.  241,  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  applica- 
tion 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. 

(5)  The  fee  for  a  licence  or  renewal  is, 

(a)  for  a  Class  A  or  Class  B  employment 
agency,  $100; 

{b)  for  a  Class  C  employment  agency,  $25; 
and 

(c)  for  a  Class  D  employment  agency,  $50. 

(6)  A  licence  is  not  transferable.  R.R.O.  1970, 
Reg.  241,  s.  4. 

5.  Every  licensee  shall  immediately  notify  the 
supervisor  in  writing, 

(a)  of  any  proposed  change, 

(i)  in  the  name  of  the  Ucensee, 

(ii)  in    the    trade    name    of    the    em- 
ployment agency,  or 

(iii)  in    the    address    of    any    place    of 
business  of  the  employment  agency, 

that  is  shown  on  the  Ucence ; 

(6)  in  the  case  of  a  partnership,  of  any  pro- 
posed 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  em- 
ployment agency  or  of  any  place  of  business 

of  the  employment  agency.     R.R.O.    1970, 
Reg.  241,  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.  1970,  Reg.  241, 
s.  6. 

7.  A  licence  shall  not  be  issued  where  an  applica- 
tion 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. 


256 


EMPLOYMENT  AGENCIES 


Reg.  280 


(a)  the  licence  is  in  force ;  or 

(6)  an  application  for  renewal  of  the  licence 
has  been  made.  R.R.O.  1970,  Reg.  241, 
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  jserson 
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  apphcant 
under  a  franchise  agreement,  the  applicant  may 
be  issued  a  licence  to  operate  an  employment 
agency. 

(3)  Notwithstanding  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  j)ermits 
to  be  published  or  displayed  any  notice,  sign, 
advertisement,  or  publication  inserts  or  causes  to 
be  inserted  in  the  notice,  sign,  advertisement  or 
publication  his  name  and  address.  R.R.O.  1970, 
Reg.  241,  s.  8. 

9.  Where  a  Ucensee  intends  to  terminate  the 
business  of  the  employment  agency  for  which  he 
is  licensed  for  the  purpose  of  appljdng  for  a  licence 
to  carry  on  an  employment  agency  of  a  class  other 
than  the  class  for  which  he  is  licensed,  the  licensee 
shall  immediately  notify  the  supervisor  in  writing  of 
his  intention, 

(a)  to  terminate  the  business  of  the  employment 
agency  for  which  he  is  licensed;  and 

(6)  to  apply  for  a  licence  to  carry  on  an 
employment  agency  of  the  proposed  class. 
R.R.O.  1.970,  Reg.  241,  s.  9. 

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  ad- 
ditional 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    business. 

(2)  The  security  referred  to  in  subsection  (1)  shall  be 
secured  by, 

(a)  a  personal  bond  in  Form  4  accompanied 
by  collateral  security ;  or 

0)  a  bond  of  a  guarantee  company  approved 
under  the  Guarantee  Companies  Securities 
Act  in  Form  5. 


(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)  (6),  where  the  employment 
agency  is  a  Class  C  or  Class  D  employment  agency, 
and  shall  be, 

(a)  a  bond  issued  or  guranteed  by  Canada; 
or 

(b)  a  bond  issued  or  guaranteed  by  Ontario, 
so  long  as  the  bond  is  transferable  and  assignable. 

(4)  A  bond  may  be  cancelled  by  any  j)erson  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.  1970,  Reg. 
241,  s.  10. 

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.  1970,  Reg.  241, 
s.  11. 

12. — (1)  A  Class  B  employment  agency  shall  not 
charge  an  apphcant  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  procuring  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; 

(6)  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. 


Reg.  280 


EMPLOYMENT  AGENCIES 


257 


(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.  1970,  Reg.  241,  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.  1970,  Reg.  241,  s.  13. 

14. — (1)  A  Class  D  employment  agency  shall  not 
charge  a  fee  for  procuring  employment  for  a  home- 
maker  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.  1970,  Reg.  241,  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.  1970,  Reg.  241,  s.  15. 

16.  An  employment  agency  shall  issue  a  receipt 
for  aU  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.  1970,  Reg.  241,  s.  16. 

17. — (1)  No  employment  agency  shall  refer  a 
person  for  employment  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  employ- 
ment agency  to  find  employment  for 
him. 

(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  em- 
ployment agency ; 

(6)  the  full  name  of  the  person  referred  for 
employment ;  and 

(c)  in  the  case  of  a  person  referred  for  em- 
ployment 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   limita- 
tions, fit  for  employment, 

within  the  twelve-month  period  preced- 
ing the  date  the  person  was  referred  for 
employment, 

and  the  person  shall  submit  the  statement  to 
the  prospective  employer  for  his  information  in 
determining  whether  or  not  to  employ  the  person. 
R.R.O.  1970,  Reg.  241,  s.  17. 


18.  In  addition  to  any  other  records  required  to 
be  kept  by  an  employment  agency,  every  em- 
ployment agency  shall  make  and  keep  records 
showing, 

(a)  the  name,  address  and  qualifications  of 
each  person  whose  application  for  em- 
ployment 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 


258 


EMPLOYMENT  AGENCIES 


Reg.  280 


and  address  of  the  employer  of 
each  person  for  whom  employment 
has  been  procured.  R.R.O.  1970, 
Reg.  241,  s.  18. 

19.  Where  an  applicant  for  a  licence  or  a  licensee 
is  a  corporation,  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  ap- 
plicant or  licensee,  as  the  case  may  be,  under  this 
Regulation.     R.R.O.  1970,  Reg.  241,  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.  1970,  Reg.  241, 
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) 

emplojonent  agency,  and  for  the  purpose  of  procuring  a  licence  gives  the  following  information : 

1.  The  applicant  is  responsible  for  the  emplojntnent  agency  and  the  employment  agency  is  registered 
in  the  name  of  the  applicant,  and 


O  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 

Emjdoyment  Agency 

Reg.  280 


EMPLOYMENT  AGENCIES 


259 


□  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: 


Name  in  Full 

Residence  Address 

City  or  Town 

Residence 

Telephone 

Number 

State  Whether  Active 

or  Non-Active  in 

Business  of 

Emplo)rment  Agency 

D  The  applicant  is  a  corporaticm  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  weU  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 

260 


EMPLOYMENT  AGENCIES 


Reg.  280 


•  In  tne  case  of  a  partnership,  three  references  must  be  given  for  each  partner  and  in  the  case  of  a  cor- 
poration, 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  employment  agency : 


Trade  Name 

Address 

Licence  No. 

Commencement  and 
Termination  Dates,  If  Any 

5.  Has  the  applicant  heretofore  been  licensed  or  applied  for  a  licence  to  carry  on  an  employment 


agency ; 


If  so,  give  particulars : 


Yes  D 


No  D 


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  D 


No  D 


If  so,  give  particulars : 


*7.  Has  the  applicant  been  expelled  from  any  professional  association  ? 

Yes  D  No  D 

If  so,  give  particulars : 


*  Where  the  applicant  is  a  partnership,  this  item  applies  to  each  partner  and  where  the  applicant  is 
a  cor{)oration  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 : 


Reg.   280 EMPLOYMENT  AGENCIES 261 

9.  Is  the  applicant,  or  will  the  applicant  be,  engaged,  occupied  or  enxployed  in  any  business,  oc- 
cupation or  profession  other  than  the  business  of  an  employment  agency? 

Yes  n  No  n 

If  so,  give  particulars : 


*10.  Is  the  applicant  an  undischarged  bankrupt? 

Yes  D  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  D  No  D 

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. 

*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  D  No  D 

*  Where  the  applicant  is  a  partnership,  this  item  applies  to  each  partner  and  where  the  applicant  is  a 
corporation,  this  item  applies  to  eadi  officer  and  to  each  director. 

If  so,  give  particulars : 


13.  Is  the  applicant's  business  carried  on  under  a  franchise  agreement  ? 

Yes  D  No  D 

If  so,  enclose  a  copy  of  the  franchise  agreement  with  this  application. 


(witness) 


(address  of  witness)  (signatures  of  applicant) 

R.R.O.  1970,  Reg.  241,  Form  1. 


262 EMPLOYMENT  AGENCIES Reg.  280 

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  March, 

(Class  A,  Class  B,  Class  C  or  Class  D) 

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  employ- 
ment 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) : 


(6)  been  engaged,  occupied  or  employed  in  any  way  in  any  business,  occupation  or  profession 
other  than  the  business  of  an  employment  agency  (where  the  answer  is  yes,  give 
particulars) : 


Reg.  280 


EMPLOYMENT  AGENCIES 


263 


(signatures  of  applicant) 
R.R.O.  1970,  Reg.  241,  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 


j^^SltkOi. 


at. 


(address) 

is  licensed  to  engage  in  the  business  of  a employment  agency. 

This  licence  expires  on  the  31st  day  of  March,  19 ... . 

Dated  this day  of 19 


Supervisor 
R.R.O.  1970,  Reg.  241,  Form  3. 


Form  4 

Employment  Agencies  Act 
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  Obbgee)   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. 


264 EMPLOYMENT  AGENCIES Reg.  280 

I 

(name  of  Obligor) 

bind  mjrself,  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  shaU  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  cancellaticni  under  the 
preceding  provision,  this  Bond  shall  continue  in  force  and  the  collateral  security  shall  remain 
on  deposit  for  a  period  of  six  months  after  the  cancellation  of  the  Bond. 

3.  The  total  Uability  imposed  upon  the  ObUgor  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.O.  1970,  Reg.  241,  Form  4. 


Form  5 

Employment  Agencies  Act 

BOND  OF  A  GUARANTEE  COMPANY  APPROVED  UNDER 

THE  GUARANTEE  COMPANIES  SECURITIES  ACT 

Bond  No Amount 

Know  All  Men  By  These  Presents,  that  we 


(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  (herein- 
after called  the  Obligee)  in  the  sum  of Dollars  (I )  of  lawful  money  of  Canada, 

to  be  paid  unto  the  Obhgee,  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 

(name  of  Surety) 

bind  ourselves,  our  successors  and  assigns  jointly  and  firmly  by  these  presents. 


Reg.   280 EMPLOYMENT  AGENCIES 265 

1.  This  Bond  may  be  cancelled  by  the  Surety  by  giving  to  the  sup)ervisor  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  continue  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.O.  197a,  Reg.  241,  Form  5. 


Reg.   281  EMPLOYMENT  STANDARDS  267 

REGULATION  281 

under  the  Employment  Standards  Act 
AMBULANCE  SERVICE  INDUSTRY 

1.  In  this  Regulation,  "ambulance  service  industrv'"  means  every  establishment  where  ambulance  services 
are  carried  out,  and  includes  ambulance  drivers,  drivers'  helpers  and  first-aid  attendants  employed  in  the 
operation  of  ambulance  services.     R.R.O.  1970,  Reg.  242,  s.  1. 

2.  All  employers  in  the  ambulance  service  industrv'  are  exempt  from  section  25  of  the  Act  respecting 
employees  who  are  engaged  as  ambulance  drivers,  drivers'  helpers  and  first-aid  attendants.  O.  Reg.  338/78, 
s.  1. 

3.  All  employers  in  the  ambulance  service  industry  who  pay  employees  engaged  as  ambulance  drivers, 
drivers'  helpers  and  first-aid  attendants  a  weekly  wage  of  not  less  than  $144,  are  exempt  from  the  provisions  of 
subclause  11(1)  (a)  (iii)  of  the  Act  respecting  those  employees.     O.  Reg.  338/78,  s.  2,  revised. 


Reg.  282 


EMPLOYMENT  STANDARDS 


269 


REGULATION  282 

under  the  Employment  Standards  Act 


BENEFIT  PLANS 

1.  For  the  purposes  of  Part  X  of  the  Act  and  this 
Regulation, 

(a)  "actuarial  basis"  means  the  assumptions 
and  methods  generally  accepted  and  used 
by  a  Fellow  of  the  Canadian  Institute  of 
Actuaries  to  estabhsh  the  costs  of  pension 
benefits,  life  insurance,  disabihty  insurance, 
health  insurance  or  any  other  similar 
benefits  including  the  actuarial  equivalents 
of  such  benefits  which  costs  depend  upon 
the  contingencies  of  human  life,  such  as 
death,  accident,  sickness  or  disease; 

(b)  "age"  means  any  age  of  eighteen  years  or 
more  and  less  than  sixty-five  years ; 

(c)  "benefits"  includes  an  aggregate,  annual, 
monthly  or  other  periodic  amount  or 
accrual  thereof  to  which  an  employee,  his 
beneficiaries,  survivors  or  def)endants  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, 
hospital,  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 ; 

(d)  "dependant"  means  a  dependant  as  de- 
fined in  the  pension,  life  insurance,  dis- 
ability insurance  or  benefit,  or  health 
insurance  or  benefit  plan,  fund  or  arrange- 
ment provided,  furnished  or  offered  by  an 
employer  to  an  employee  and  "dependent 
child"  and  "dependent  spouse"  have  a 
corresponding  meaning; 

(e)  "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, 

(i)  a  short-term  disability  income  in- 
surance or  benefit  plan,  fund  or 
arrangement  that  is  other  than  a 
long-term  disability  income  plan, 
and 


(ii)  a  long-term  disability  income  in- 
surance or  benefit  plan,  fund  or 
arrangement  under  which  the  pay- 
ments or  benefits  to  an  employee 
are  payable  for  a  period  of  not  less 
than  fifty-two  weeks  or  until  re- 
covery, retirement  or  death,  which- 
ever 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,  dis- 
ability insurance  or  benefit  or  a  health 
insurance  or  benefit  plan ; 

{g)  "health  insurance  or  benefit  plan"  in- 
cludes a  plan,  fund  or  arrangement  pro- 
vided, 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,  hospital,  nursing,  drug  or  dental 
expenses  or  other  similar  expenses ; 

(A)  "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  dis- 
memberment insurance ; 

(i)  "marital  status"  includes  the  condition 
of  being  an  unmarried  person  who  is  sup- 
porting in  whole  or  in  part  a  dependent 
child  or  children,  and  includes  a  "common 
law"  status  of  husband  and  wife  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  em,ployee ; 

{j)  "normal  pensionable  age"  means  the  date 
or  age  specified  in  a  pension  plan  at  which 
an  employee  can  retire  from  his  employ- 
ment 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 ; 


270 


EMPLOYMENT  STANDARDS 


Reg.  282 


(*)  "pension  plan"  means  a  superannuation, 
retirement  or  pension  plan,  fund  or  ar- 
rangement provided,  furnished  or  offered 
by  an  employer  to  an  employee  for  the 
purpose  of  providing  benefits  to  an  em- 
ployee who  participates  therein  upon  retire- 
ment or  termination  of  employment  or 
benefits  to  a  spouse  or  dependant  of  an 
employee  out  of  contYibutions  made  by  the 
employer  and  employee  or  the  employer  or 
employee  and  the  investment  income, 
gains,  losses  and  expenses  thereon  or  there- 
from and  includes, 

(i)  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 
specified  period  of  employment, 

(ii)  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, 

(iii)  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, 

(iv)  a  profit  sharing  pension  plan  under 
which  payments  or  contributions  by 
an  employer  are  determined  by 
reference  to  profits  or  out  of  profits 
from  his  business  and  the  benefits 
are  determined  with  reference  to  the 
accumulated  amount  of  payments 
or  contributions  paid  by  or  for  the 
credit  of  an  employee  and  the  in- 
vestment income,  gains,  losses  and 
exp)enses  thereon  or  therefrom,  and 

(v)  a  composite  pension  plan  that  is 
any  combination  of  a  unit-benefit 
pension  plan,  a  defined  benefit  pen- 
sion plan,  a  money  purchase  pension 
plan  or  a  profit  sharing  pension 
plan; 

(/)  "sex"  includes  a  distinction  between  em- 
ployees in  a  plan,  fund  or  arrangement 
provided,  furnished  or  offered  by  an 
employer  to  his  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  distinction 


between  employees  in  such  a  plan,  fund  or 
arrangement  because  of  the  pregnancy  of 
a  female  employee ; 

(w)  "spouse"  means  a  spouse  as  defined  in 
the  pension,  life  insurance,  disability  in- 
surance or  benefit  or  health  insurance 
or  benefit  plan,  fund  or  arrangement 
provided,  furnished  or  offered  by  an 
employer  to  an  employee ;  and 

(n)  "voluntary  additional  contribution" 
means  an  additional  contribution  by  an 
employee  to  or  under  a  pension  plan 
except  a  contribution  the  payment  of 
which,  under  the  terms  of  the  plan,  im- 
poses upon  an  employer  an  obligation  to 
make  a  concurrent  additional  contribution 
to  or  under  the  plan.     O.  Reg.  654  /75,  s.  1 . 

2.  The  prohibition  in  subsection  34  (2)  of  the  Act 
does  not  apply  to, 

(a)  monthly  or  other  periodic  amounts  provided 
under  a  money  purchase,  profit  sharing 
or  composite  pension  plan  where  such 
amounts  differentiate  between  employees 
because  of  sex  and  such  differentiation  is 
determined  upon  an  actuarial  basis; 

(b)  benefits  provided  under  additional  vol- 
untary employee-pay-all  pension  plans  or 
voluntary  additional  contribution  features 
of  pension  plans  where  the  benefits  dif- 
ferentiate between  employees  because  of 
sex  and  such  differentiation  is  determined 
upon  an  actuarial  basis ; 

(c)  the  conversion  of  normal  pension  benefits 
under  an  option  contained  in  a  pension 
plan  where  the  adjustment  of  benefits 
differentiate  between  employees  because 
of  sex  and  such  differentiation  is  determined 
upon  an  actuarial  basis ; 

(d)  the  conversion  of  normal  pension  benefits 
because  of  the  retirement  of  an  employee 
before  or  after  his  normal  retirement  date 
where  the  adjustment  of  the  benefits  differ- 
entiate between  employees  because  of  sex 
and  such  differentiation  is  determined  upon 
an  actuarial  basis;  and 

(e)  a  differentiation  in  the  rates  of  con- 
tribution of  an  employer  to  a  pension  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.  O.  Reg.  654/75, 
s.  2. 

3.  The  prohibition  in  subsection  34  (2)  of  the  Act 
does  not  apply  to, 

(a)  an  increase  in  benefits  payable  to  an 
employee  under  a  pension  plan  that  pro- 


Reg.  282 


EMPLOYMENT  STANDARDS 


271 


vides  for  such  increased  benefits  because 
the  employee  has  a  dependent  spouse ; 

(b)  any  benefits  under  a  pension  plan  that  are 
payable  periodically  to  a  surviving  spouse 
of  a  deceased  employee  for  the  life  of  the 
surviving  spouse  or  until  the  remarriage  of 
the  surviving  spouse  and,  for  the  purposes 
of  this  clause,  such  benefits  shall  include 
a  lump  sum  benefit  equal  to  the  commuted 
value  of  such  monthly  payments  not 
exceeding  $25  a  month ;  and 

(c)  a  differentiation  in  the  rates  of  contri- 
bution of  an  employer  to  a  defined  benefit 
pension  plan  that  provides  an  increase  in 
benefits  to  an  employee  because  of  marital 
status  where  the  rates  of  contribution  of 
the  employer  differentiate  between  em- 
ployees because  of  marital  status.  O.  Reg. 
654/75,  s.  3. 

4.  The  prohibition  in  subsection  34  (2)  of  the  Act 
does  not  apply  to, 

(a)  the  exclusion  of  an  employee  from  partici- 
pation in  a  pension  plan  where  the  plan 
requires  a  minimum  age  for  access  thereto ; 

(6)  a  provision  in  a  f)ension  plan  limiting 
the  maximum  age  of  an  employee  for 
access  to  the  plan  to  the  normal  pensionable 
age  where  the  normal  pensionable  age  in 
the  plan  is  under  sixty-five  years  and 
the  provisions  of  the  plan  do  not  allow 
employees  who  participate  therein  to  con- 
tinue to  accrue  benefits  thereunder  after 
such  employees  have  reached  the  normal 
pensionable  age ; 

(c)  benefits  payable  under  a  pension  plan 
where  the  benefits  differentiate  between 
employees  because  of  age  provided  that 
such  differentiation  is  in  accordance  with 
the  provisions  of  the  Pension  Benefits  Act; 

(d)  the  right  of  an  employee  to  acquire 
an  interest  in  the  benefits  under  or 
contributions  paid  by  or  for  the  credit 
of  the  employee  to  a  pension  plan  upon 
termination  of  employment  in  accordance 
with  the  Pension  Benefits  Act,  where  the 
right  to  acquire  an  interest  in  the  benefits 
or  contributions  differs  between  employees 
because  of  age ; 

(e)  a  differentiation  in  the  rates  of  voluntary 
additional  contributions  of  an  employee 
to  a  pension  plan  where  the  rates  of  such 
contributions  differ  between  employees 
because  of  age ; 

(/)  a  differentiation  in  the  rates  of  contri- 
butions that  an  employee  is  required  to 


make  to  a  money  purchase  or  profit  sharing 
pension  plan  where  the  rates  of  such 
contributions  differ  between  employees 
because  of  age;  and 

ig)  a  differentiation  in  the  contributions  of  an 
employer  to  a  defined  benefit  pension  plan 
where  such  differentiation  between  em- 
ployees is  because  of  age  in  accordance 
with  the  provisions  of  the  Pension  Benefits 
Act,  and  is  determined  on  an  actuarial 
basis.     O.Reg.  654/75.  s.  4. 

5.  The  prohibition  in  subsection  34  (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  differenti- 
ation 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.     O.  Reg.  654  /75,  s.  5. 

6.  The  prohibition  in  subsection  34  (2)  of  the  Act 
does  not  apply  to, 

(a)  any  benefits  under  a  life  insurance  plan 
that  are  payable  periodically  to  the  sur- 
viving 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 
provides  benefits  that  are  payable  periodi- 
cally to  the  surviving  spouse  of  an  em- 
ployee.    O.  Reg.  654  /75,  s.  6. 

7.  The  prohibition  in  subsection  34  (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  differ- 
entiation is  determined  upon  an  actuarial 
basis  because  of  age ;  and 

(6)  a  differentiation  in  the  contributions  of  an 
employer  to  a  life  insurance  plan  where  such 


272 


EMPLOYMENT  STANDARDS 


Reg.  282 


differentiation  is  determined  upon  an 
actuarial  basis  because  of  age  and  in  order  to 
provide  equal  benefits  under  the  plan. 
O.Reg.  654/75,8.7. 

8.  The  prohibition  in  subsection  34  (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  disability  insur- 
ance 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  differ- 
entiation 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  disability  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-absence  that  she  has  applied 
for  under  any  term  of  a  contract  of  em- 
ployment, oral  or  written,  express  or 
implied,  that  prevails  over  Part  XI  of  the 
Act.    O.  Reg.  654/75,  s.  8. 

9.  The  prohibition  in  subsection  34  (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  differ- 
entiation   is    made    in    order    to    provide 


benefits  for  a  spouse  or  a  dependent  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  premium  rates 
and  where  such  differentiation  for  employees 
having  marital  status  and  for  employees 
without  marital  status  is  on  the  same 
proportional  basis.     O.  Reg.  654/75,  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  she  has 
applied  for  under  any  term  of  a  contract  of  employ- 
ment, 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-absence  under  Part  XI  of  the  Act,  or  such 
greater  period  of  leave-of-absence  to  continue  to 
participate  therein.  O.  Reg.  654/75,  s.  10;  O.  Reg. 
884/75,  s.  1. 

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  his  employees,  an 
employee  was  excluded  from  participating  in  the 
plan,  fund  or  arrangement  or  a  benefit  thereunder, 
and  upon  the  application  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  arrangement  or  benefit.     O.  Reg.  654/75,  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  his  contributions  to  or  the 
benefits  under  the  health  insurance  or  benefit  plan 
in  causing  the  plan  to  comply  with  Part  X  of  the 
Act  and  this  Regulation.     O.  Reg.  654  /75,  s.  13. 

13.  Notwithstanding  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 
pensionable  date  is  increased  shall  be  entitled  to  his 
pension  benefits  on  the  normal  pensionable  date  as 
provided  by  the  plan  before  it  was  increased. 
O.  Reg.  654/75,  s.  14. 


Reg.  283 


EMPLOYMENT  STANDARDS 


273 


REGULATION  283 

under  the  Employment  Standards  Act 


DOMESTICS  AND  NANNIES 

1.  In  this  Regulation, 

(a)  "domestic"  means  a  domestic  as  described  in 
clause  2  (a); 

(b)  "nanny"  means  a  nanny  as  described  in 
clause  2  (b).     O.  Reg.  1013/80,  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;  or 

(fc)  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  formal 
training.     O.  Reg.  1013/80,  s.  2. 

3. — (1)  A  contract  or  arrangement  for  the  services  of 
a  domestic  or  nanny  shall  provide  that  the  wages  for 
such  services  shall  not  be  less  than, 

(a)  $24  a  day; 

(b)  $132  a  week;  or 

(c)  $568  a  month. 

(2)  In  the  absence  of  a  contract  or  arrangement 
mentioned  in  subsection  (1),  a  householder  shall  pay  a 
domestic  or  nanny  not  less  than  $3  an  hour.  O.  Reg. 
1013/80,  s.  3. 

4.  Where  meals  or  room  or  both  are  taken  into 
account  by  a  householder  in  calculating  the  minimum 
wage  of  a  domestic  or  nanny,  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  follows: 


1.  Room 

2.  Meals 


Both  room 
and  meals 


—  S20  per  week. 

—  $1.50   each   and    not   more 
than  $30  per  week. 


—  $50  per  week. 


O.  Reg.  1013/80,  s.  4. 

5. — ( 1)  Every  householder  shall  give  to  a  domestic  or 
nanny  who  resides  in  the  residence  of  the  householder 
not  less  than  thirty-six  consecutive  hours  in  each  week 
free  from  the  performance  of  any  duties  for  the  house- 
holder and  without  any  deduction  from  the  normal  pay 
of  the  person. 

(2)  Subject  to  subsection  (3),  where,  with  the  con- 
sent of  the  domestic  or  nanny,  duties  are  performed 
during  the  thirty-six  consecutive  hours  mentioned 
in  subsection  (1),  the  time  spent  in  performing  such 
duties  shall  be  added  to  one  of  the  next  four  sub- 
sequent thirty-six  consecutive  hours  of  time  free  from 
the  performance  of  any  duties  and  no  deduction  shall 
be  made  therefor  from  the  normal  pay  of  the  person. 

(3)  In  addition  to  the  normal  pay  to  which  the  person 
is  entitled,  the  householder  shall  pay  the  domestic  or 
nanny  a  minimum  wage  of  $3  an  hour  for  the  time  spent 
in  performing  duties  during  the  thirty-six  consecutive 
hours  where  no  compensating  time  is  given  as  pre- 
scribed by  subsection  (2).     O.  Reg.  1013/80,  s.  5. 

6.— (1)  Parts  IV  and  VI  and  clauses  26  (1)  (ft),  (c) 
and  (d)  and  section  27  of  the  Act  do  not  apply  to  a 
domestic  or  nanny. 

(2)  A  householder  who  has  entered  into  a  contract  or 

arrangement  described  in  subsection  3  (1)  is  exempt 
from  the  provisions  of  subclause  11  (a)  (iii)  of  the  Act 
with  respect  to  a  domestic  or  nanny  who  is  employed 
under  such  a  contract  or  arrangement.  O.Reg.  1013/ 
80,  s.  6. 


Reg.  284 


EMPLOYMENT  STANDARDS 


275 


REGULATION  284 

under  the  Kmployment  Standards  Act 


FRUIT,  VEGETABLE  AND  TOBACCO 
HARVESTERS 

INTERPRETATION 

1.  For  the  purposes  of  this  Regulation, 

(a)  "housing  accommodation"  means  a  place 
of  dwelling  that  is  reasonably  lit  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 ; 

(b)  "piece  work  rate"  means  a  rate  of  pay 
calculated  upon  a  unit  of  work  performed ; 

(c)  "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 
facilities ; 

(d)  "serviced  housing  accommodation"  means 
housing  accommodation  for  which  light, 
heat,  fuel,  water,  gas  or  electricity  are 
provided  at  the  expense  of  the  employer. 
O.  Reg.  320/75,  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.  O.  Reg. 
320/75,  s.  2. 

3.  Subject  to  section  4,  every  employer  shall 
pay  not  less  than, 

(a)  $2.15  an  hour  to  an  employee  who  is  a 
student  under  eighteen  years  of  age  where 
the  weekly  hours  of  the  student  are  not  in 
excess  of  twenty-eight  hours  or  where  the 
student  is  employed  during  a  school  holi- 
day ;  and 

(b)  $2.85  an  hour  to  an  employee  other  than  an 
employee  mentioned  in  clause  (a).  O.  Reg. 
320/75,  s.  3;  O.  Reg.  418/76,  s.  1;  O.  Reg. 
131/79,  s.  I. 

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 
exercising  rea.sonabie  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.  O.  Reg. 
320/75,  s.  4. 

5.  Where  housing  accommodation,  room  or  meals 
are  taken  into  account  by  an  employer  in  cal- 
culating the  minimum  wage  of  an  employee,  the 
maximum  amount  at  which  such  housing  accommo- 
dation, room  or  meals  shall  be  valued  shall  be  as 
follows: 

1.  Serviced  housing  accommoda- 

tion   $40.00  a  week 

2.  Housing  accommodation $30.00  a  week 

3.  Room $11.00  a  week 

4.  Meals $1.15  each 

and  not  more 
than  $24.00  a 
week 

5.  Both  Room  and  meals $35.00  a  week 

O.  Reg.  320/75,  s.  5;  O.  Reg.  418/76,  s.  2. 

6.  Notwithstanding  the  provisions  of  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  him  vacation  pay  pursuant  to  Part  VIII  of  the 
Act.     O.  Reg.  320/75,  s.  6. 

7. — (1)  Notwithstanding  the  provisions  of  any 
other  Regulation,  an  employee  who  has  been 
employed  by  his  employer  for  a  period  of  thirteen 
weeks  or  more  and  who  is  not  excluded  under 
clau.se  26  (1)  (fr),  (f),  id)  or  {e)  of  the  Act,  shall  be 
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.  O.  Reg. 
320/75.  s.  7. 


Reg.  285 


EMPLOYMENT  STANDARDS 


277 


REGULATION  285 

under  the  Employment  Standards  Act 


GENERAL 

INTERPRETATION 

1.  In  this  Regulation, 

(a)  "construction"  includes  all  work  in  and 
about  the  construction,  erection,  demoli- 
tion, repair,  remodelling,  decoration  or  alter- 
ation 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,  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  his  employer ; 

(6)  "domestic  servant"  means  a  person  who  is 
employed  by  a  householder, 

(i)  as  a  sitter  to  attend  primarily  to  the 
needs  of  a  child  who  is  a  member  of  the 
household, 

(ii)  as  a  companion  to  attend  to  the  needs 
of  an  aged,  infirm  or  ill  member  of  the 
household,  or 

(iii)  as  a  domestic  to  perform  services  in  the 
household  who  works  twenty-four 
hours  a  week  or  less; 

(c)  "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  similar  nature ; 

(d)  "learner"  means  a  person  who  has  not  had 
previous  experience  in  the  kind  of  work  that 
he  is  hired  for  or  that  he  p)erforms ; 

(c)  "lodging"  means  the  provision  of  a  room 
and  three  meals  per  day  for  a  seven-day 
week; 

(/)  "road  building"  means  the  preparation, 
construction,  reconstruction,  repair,  altera- 
tion, remodelling,  renovation,  demoHtion, 
finishing  and  maintenance  of  streets,  high- 
ways or  parking  lots,  including  structures 
such  as  bridges,  tunnels  or  retaining  walls 


in  connection  with  streets  or  highways,  and 
all  foundations,  installation  of  equipment, 
appurtenances  and  work  incidental  thereto ; 

ig)  "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  facilities ; 

(A)  "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  seat- 
ing accommodation  for  not  more  than 
nine  persons  exclusive  of  the  driver,  used 
for  the  carriage  for  hire  of  persons.  O.  Reg. 
803/75,  s.  1;  O.  Reg.  1014/80,  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  he  is  enrolled ; 

(b)  a  person  who  performs  work  under  a  pro- 
gram 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  rehabihta- 
tion  program  authorized  under  the  Ministry 
of  Correctional  Services  Act;  or 

(d)  an  offender  who  performs  work  or  services 
under  an  order  or  sentence  of  a  court. 
O.  Reg.  803/75,  s.  2(1);  O.  Reg.  665/78, 
s.  1. 

(2)  Where,  under  an  agreement  or  arrangement 
between  an  employee  and  his  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  25  (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. 
O.  Reg.  803/75,  s.  2. 


278 


EMPLOYMENT  STANDARDS 


Reg.  285 


Exemptions  from  Parts  IV  to  VIII  of  Act 

3.  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, 

(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; 

id)  as  a  student  in  training  for  the  professions 
or  callings  mentioned  in  clause  (a),  (b)  or  (c); 

(e)  in  commercial  fishing; 

(/)  as  a  domestic  servant ;  or 

(g)  as  a  registered  salesman  of  a  broker 
registered  under  the  Real  Estate  and 
Business  Brokers  Act; 

(h)  as  a  salesman,  other  than  a  route  salesman, 
who  is  entitled  to  receive  all  or  any  part 
of  his  remuneration  as  commissions  in  re- 
spect 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 
his  employer ;  or 

(t)  on  a  farm  whose  employment  is  directly 
related  to  the  primary  production  of  eggs, 
milk,  grain,  seeds,  fruit,  vegetables,  maple 
products,  honey,  tobacco,  pigs,  cattle,  sheep 
and  poultry.     O.  Reg.  803/75,  s.  3. 

Exemptions  from  Part  IV  of  Act 
HOURS  of  work 

4.  Part  IV,  except  section  22,  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  mana- 
gerial 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; 

(/)  to  perform  homework ; 

ig)  as  a.  superintendent,  janitor  or  caretaker 
of  a  residential  building  and  who  resides 
in  the  building;  or 

(A)  as  an  embalmer  or  funeral  director. 

O.  Reg.  803/75,  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  charitable  organization 
registered  as  a  charitable  organization  in 
Canada  under  Part  1  of  the  Income  Tax 
Act  (Canada),  where  the  work  or  duties 
of  the  student  are  directly  connected  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 ; 


Reg.  285 


EMPLOYMENT  STANDARDS 


279 


(e)  as  a  trainee  in  a  course  leading  to  registration 
as  a  registered  nursing  assistant  under  the 
Health  Disciplines  Act; 

(/)  as  a  trainee  in  a  course  of  study  for  a 
laboratory  technologist  as  required  by  the 
Canadian  Society  of  Laboratory  Technolo- 
gists ;  or 

(g)  as  a  trainee  in  a  course  of  study  for  a 
radiological  technician  as  required  by  the 
Canadian  Association  of  Radiological  Tech- 
nicians.    O.  Reg.  803/75,  s.  5. 

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  mana- 
gerial 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; 

(e)  to  perform  homework ; 

(/)  as  a  student  to  instruct  or  supervise 
children ; 

(g)  as  a  student  at  a  camp  for  children; 

(A)  as  a  student  in  a  recreational  program 
operated  by  a  charitable  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  connected  with  the 
recreational  program ; 


(i)  as  a  superintendent,  janitor  or  caretaker 
of  a  residential  building  and  who  resides  in 
the  building ;  or 

(j)  as  a  taxi  cab  driver. 

O.  Reg.  803/75,  s.  6. 

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 ; 

(/)  as  a  student  at  a  camp  for  children ; 

(g)  as  a  student  in  a  recreational  program 
operated  by  a  charitable  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  connected  with 
the  recreational  program ; 

(A)  as  a  sujjerintendent,  janitor  or  caretaker 
of  a  residential  building  and  who  resides 
in  the  building; 

(t )  as  a  taxi  cab  driver ;  or 

{j)  as  a  seasonal  employee  in  a  hotel,  motel, 
tourist  resort,  restaurant  or  tavern  who 
is  provided  with  room  and  board. 


280 


EMPLOYMENT  STANDARDS 


Reg.  285 


(2)  An  employee  who  works  in  construction  and 
receives  7  per  cent  or  more  of  his  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  26  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 
27  of  the  Act.     O.  Reg.  803/75,  s.  7. 


Exemptions  from  Part  VIII  of  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  regis- 
tration as  a  registered  nursing  assistant 
under  the  Health  Disciplines  Act; 

(b)  as  a  trainee  in  a  course  of  study  for  a 
laboratory  technologist  cis  required  by  the 
Canadian  Society  of  Laboratory  Tech- 
nologists ;  or 

(c)  as  a  trainee  in  a  course  of  study  for  a 
radiological  technician  as  required  by  the 
Canadian  Association  of  Radiological  Tech- 
nicians.    O.  Reg.  803/75,  s.  8. 


MINIMUM  WAGE  ESTABLISHED 

9. — (1)  An  employer  shall  pay  not  less  than  the 
minimum  wage  hereinafter  prescribed : 

(a)  subject  to  the  minimum  wage  prescribed 
in  clauses  (e)  and  (/),  $2.15  an  hour  to  an 
employee  who  is  a  student  under  eighteen 
years  of  age  where  the  weekly  hours  of 
the  student  are  not  in  excess  of  twenty- 
eight  hours  or  where  the  student  is  employ- 
ed during  a  school  holiday ; 

(b)  subject  to  the  minimum  wage  prescribed  in 
clauses  (e)  and  (/),  to  an  employee  who  is  a 
learner  during  the  first  month  of  employment 
of  the  learner,  $2.90  an  hour; 

(c)  to  an  ambulance  driver,  a  driver's  helper  or  a 
first-aid  attendant  employed  in  the  ambul- 
ance service  industry,  $144  a  week  or,  where 
the  ambulance  driver,  driver's  helper  or  first- 
aid  attendant  works  not  more  than  forty- 
eight  hours  a  week,  $3  an  hour; 


(rf)  $2.50  an  hour  to  an  employee  who  serves 
liquor  directly  to  a  customer,  gue.st,  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; 

(e)  to  an  employee  who  is  engaged  in  construc- 
tion, $3.25  an  hour; 

(/)  to  a  guard  who  is  employed  to  protect  prop- 
erty during  construction  who  guards  the  site 
of  construction,  $3.25  an  hour; 

(g)  for  the  services  of  a  hunting  or  fishing  guide, 
$15  for  less  than  five  consecutive  hours  in 
a  day  and  $30  for  five  or  more  hours  in  a  day, 
whether  such  hours  are  consecutive  or  not; 
and 

(h)  to  an  employee  other  than  an  employee  men- 
tioned in  clauses  (a)  to  (g),  $3  an  hour. 
O.  Reg.  803/75,  s.  9  (1);  O.  Reg.  189/76,  s.  1 
(1-7);  O.  Reg.  339/78,  s.  1,  revised. 


(2)  Where  meals  or  room  or  both  are  taken  into 
account  by  an  employer  in  calculating  the  minimum 
wage  of  an  employee,  the  maximum  amount  at  which 
meals  or  room  or  both  shall  be  valued  for  the 
purpose  of  determining  if  the  minimum  wage  pres- 
cribed has  been  paid  to  the  employee  shall  be  as 
follows : 


1.  Room 

2.  Meals 


—  $11  a  week  ' 

—  $1.15  each  and  not 
more  than  $24  a 
week 


3.   Both  room  and  meals  —    $35  a  week 

O,  Reg.  803/75,  s.  9  (2);  O.  Reg.  189/76,  s.  1  (8). 

(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  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 
he  has  been  paid  the  minimum  wages  prescribed 
under  the  Act. 


Reg.  285 


EMPLOYMENT  STANDARDS 


281 


(5)  Subsection  (4)  does  not  appb'  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  result- 
ing in  the  stopping  of  work.  O.  Reg.  803/75, 
s.  9  (3-5). 

LEARNERS 

10.  The  number  of  employees  who  may  be  em- 
ployed as  learners  shall  not  exceed  one-fifth  of  the 
employer's  total  number  of  employees  and,  where  the 
total  number  of  employees  is  less  than  five,  only 
one  employee  may  be  employed  as  a  learner. 
O.  Reg.  803/75,  s.  10. 

11.  No  person  shall  be  paid  as  a  learner  who, 

(a)  is  employed  for  less  than  twenty-eight  hours 
in  a  work  week ;  or 

(b)  is  a  homeworker.     O.  Reg.  803/75,  s.  11 . 

REGULAR  RATE  OR  REGULAR  WAGES 

12. — (1)  Subject  to  clause  1  (m)  and  to  section  S  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,  his  regular 
wages  for  a  public  holiday  or  a  day  that  is  substituted 
or  designated  for  the  public  holiday  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  him; 

(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  his 
daily  earnings,  exclusive  of  overtime  pay, 
over  a  period  of  thirteen  work  weeks  pre- 
ceding the  public  holiday  or  the  day  that 
is  substituted  or  designated  for  the  public 
holiday. 

(2)  Subject  to  clause  1  (w)  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  XII  of 
the  Act,  the  wages  of  the  employee  for  a  regular  non- 
overtime  work  week  shall  be  determined  by  calculat- 
ing the  average  of  his  weekly  earnings  exclusive  of 
overtime  pay,  for  the  weeks  he  has  worked  in  the 
period  of  thirteen  work  weeks  preceding  the  date  he 
would  have  been  entitled  to  receive  notice  of  termina- 
tion.    O.  Reg.  803/75,  s.  12. 

13. — (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 
notwithstanding  that  a  term  of  the 
contract  of  employment  expressly 
forbids  or  limits  hours  of  work  or 
requires  the  employer  to  authorize 
hours  of  work  in  advance ; 

(b)  where  the  employee  is  not  performing  work 
and  is  required  to  remain  at  his  place 
of  employment, 

(i)  waiting  or  holding  himself  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 
sleeping  and  the  employer  furnishes 
sleeping  facilities,  or 

(iii)  take  time  off  work  in  order  to 
engage  in  his  own  private  affairs  or 
pursuits  as  is  established  by  con- 
tract, custom  or  practice;  or 

(b)  is  not  at  his  place  of  employment  and 
is  waiting  or  holding  himself  ready  for  call 
to  work.     O.  Reg.  803/75,  s.  13. 

HOMEMAKERS 

14. — (1)  In  this  section  "homemaker"  means 
a  person  who  is  employed  by  a  person  other  than 
a  householder  to  perform  homemaking  services 
for  a  householder  or  member  of  a  household  in  the 
private  residence  of  the  householder. 

(2)  Notwithstanding  section  13,  the  hours  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  1 1  (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).  O.  Reg.  417/76, 
s.  1. 

DEDUCTIONS,  ETCETERA,  FROM  WAGES 

15. — (1)  Notwithstanding  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, 


282 


EMPLOYMENT  STANDARDS 


Reg.  285 


(a)  a  statute  so  provides ; 

(b)  an  order  or  judgment  of  a  court  so 
requires ;  or 

(c)  subject  to  subsection  (2),  a  written  authori- 
zation 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  workman- 
ship, or  for  cash  shortages  or  loss  of  property  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  31  of  the  Act. 
O.  Reg.  803/75,  s.  14. 

ROAD  BUILDING 

16. — (1)  Notwithstanding  Part  VI  of  the  Act,  and 
subject  to  subsection  (2), 

(a)  an  employee  engaged  at  the  site  of  road 
building  in  relation  to  streets,  highways  or 
parking  lots  shall  be  paid  overtime  pay 
by  his  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  his  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  con- 
nection with  streets  or  highways  shall  be 
paid  overtime  pay  by  his  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  his  regular 
rate. 

(2)  Where  the  hours  of  work  in  the  case  of, 

(a)  an  employee  within  clause  (1)  (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.  O.  Reg. 
803/75,  s.  15. 


Special  Overtime  Provisions 

LOCAL  cartage 

17.— <1)  Notwithstanding  Part  VI  of  the  Act,  an 
employee,  except  an  employee  mentioned  in  sub- 
section (2),  who  is  the  operator,  or  operator's  helper 
of  a  vehicle  used  in  the  business  of  carrying  goods 
for  hire  within  a  municipality  or  to  any  point  not 
more  than  three  miles  beyond  its  limits  shall  be 
paid  overtime  pay  by  his  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  his 
regular  rate. 

highway  transport 

(2)  Notwithstanding  Part  VI  of  the  Act,  an 
employee,  except  an  employee  mentioned  in  sub- 
section (1)  who  is  the  operator  of  a  public  commer- 
cial vehicle  licensed  under  the  Public  Commercial 
Vehicles  Act  shall  be  paid  overtime  pay  by  his 
employer  for  each  hour  worked  in  excess  of  sixty 
hours  in  a  work  week  at  an  amount  not  less  than 
one  and  one-half  times  his  regular  rate,  and  in 
computing  the  number  of  hours  worked  by  the 
employee  in  any  week,  only  those  hours  during 
which  the  employee  is  directly  responsible  for  the 
public  commercial  vehicle  shall  be  included. 

HOTEL,  motel,  ETCETERA 

(3)  Notwithstanding  Part  VI  of  the  Act,  a  seasonal 
employee  who  works  for  the  owner  or  operator  of 
a  hotel,  motel,  tourist  resort,  restaurant  or  tavern 
and  who  is  provided  with  room  and  board  shall  be 
paid  overtime  pay  by  his  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  his 
regular  rate. 

FRESH  FRUITS  AND  VEGETABLES  PROCESSING 

(4)  Notwithstanding  Part  VI  of  the  Act,  a  seasonal 
employee  whose  employment  is  directly  related  to  the 
canning,  processing  and  packing  of  fresh  fruits  or 
vegetables  or  the  distribution  thereof  by  the  canner, 
processor  or  packer  shall  be  paid  overtime  pay  by 
his  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  his  regular  rate. 

SEWER  AND  WATERMAIN  CONSTRUCTION 

(5)  Notwithstanding  Part  VI  of  the  Act,  an  em- 
ployee who  is  employed  in  laying,  altering,  repair- 
ing 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  his 
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  his  regular  rate.  O.  Reg. 
803/75,  s.  16. 


Reg.  286 


EMPLOYMENT  STANDARDS 


283 


REGULATION  286 

under  the  Employment  Standards  Act 


TERMINATION  OF  EMPLOYMENT 

1.  For  the  purposes  of  Part  XII  of  the  Act, 

(a)  "temporary  lay-off"  means, 

(i)  a  lay-off  of  not  more  than  thirteen 
weeks  in  any  period  of  twenty  con- 
secutive weeks, 

(ii)  a  lay-off  of  more  than  thirteen 
weeks  where, 

(A)  the  person  continues  to  receive 
payments  from  the  employer, 

(B)  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, 

(C)  the  person  laid  off  receives 
supplementary  unemployment 
benefits,  or 

(D)  the  person  laid  off  is  entitled  to 
be  in  receipt  of  supplementary 
unemployment  benefits  but 
does  not  receive  the  same 
because  he  is  employed 
elsewhere  during  the  lay-off,  or 


(iii)  a  lay-off  of  more  than  thirteen  weeks 
where  the  employer  recalls  the  person 
within  the  time  or  times  fixed  by 
the  Director ; 

{b)  "termination  of  employment"  includes  a 
lay-off  of  a  p)erson  for  a  period  longer 
than  a  temporary  lay-off ; 

(c)  "week  of  lay-off"  means  a  week  in  which 
a  person  receives  less  than  one-half  of  the 
amount  he  would  earn  at  his  regular  rate 
in  a  normal  non-overtime  work  week,  but 
shall  not  mean  a  week  in  which  a  i>erson, 

(i)  was  not  able  to  work  or  not  avail- 
able for  work, 

(ii)  was  subject  to  disciplinary  suspen- 
sion, or 


(iii)  was  not  provided  with  work  by  his 
employer  by  reason  of  any  strike  or 
lock-out  occurring  at  his  place  of 
employment  or  elsewhere.  R.R.O. 
1970,  Reg.  251,  s.  1. 

2.  Part  XII  of  the  Act  does  not  appply  to  a  person 
who, 

(a)  is  laid  off  after  refusing  an  offer  by  his 
employer  of  reasonable  alternate  work ; 

(b)  is  laid  off  after  refusing  alternate  work 
made  available  to  him  through  a  seniority 
system ; 

(c)  is  on  lay-off  and  does  not  return  to  work 
within  a  reasonable  time  after  being 
requested  to  do  so  by  his  employer; 

(d)  is  laid  off  or  terminated  during  or  as  a 
result  of  a  strike  or  lock-out  at  his  place 
of  employment ; 

(e)  is  employed  in  the  construction,  alteration, 
decoration,  repair  or  demolition  of  buildings, 
structures,  roads,  sewer's,  water  or  gas  mains, 
pipelines,  tunnels,  bridges,  canals  or  other 
works  at  the  site  thereof; 

(/)  is  employed  under  an  arrangement  whereby 
he  may  elect  to  work  or  not  for  a  tem- 
porary period  when  requested  so  to  do;  or 

(g)  having  reached  the  age  of  retirement 
according  to  the  established  practice  of  the 
employer,  has  his  employment  terminated. 
R.R.O.  1970,  Reg.  251.  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  com- 
mercial navigation  is  exempt  from  the  provisions  of 
Part  XII  of  the  Act  in  respect  of  an  employee  to  whom  a 
bona  fide  supplementary  unemployment  benefit  fund, 
plan  or  arrangement  applies  that  has  been  agreed  upon 
by  the  employer  and  the  employee  or  his  agent  if  the 
employee  or  his  agent  consents  or  agrees  in  writing  to 
such  exemption.     O.  Reg.  761/79,  s.  1. 

4.  Subject  to  section  5,  the  notice  required  to  be 
given  by  an  employer  under  subsection  40  (2)  of  the 
Act  shall  not  be  less  than. 


(a)  eight  weeks'  notice  if  the  employment  of  fifty 
or  more  f)ersons  and  fewer  than  200  persons 
is  to  be  terminated  at  an  establishment; 


284 


EMPLOYMENT  STANDARDS 


Reg.  286 


(b)  twelve  weeks'  notice  if  the  employment  of 
200  or  more  persons  and  fewer  than  500 
persons  is  to  be  terminated  at  an  establish- 
ment ;  and 

(c)  sixteen  weeks'  notice  if  the  employment 
of  500  or  more  persons  is  to  be  terminated 
at  an  establishment..  R.R.O.  1970,  Reg. 
251,  s.  3. 

5. — (1)  Where  not  more  than  10  per  cent  of  the  per- 
sons employed  at  an  establishment,  being  fifty  or  more 
persons,  have  their  employment  terminated  in  any 
period  of  four  weeks  or  less,  the  provisions  of  subsec- 
tion 40  (1)  of  the  Act  apply  unless  the  termination  is 
caused  by  the  permanent  discontinuance  of  all  or  part 
of  the  business  of  the  employer  at  the  establishment  in 
which  case  the  provisions  of  subsection  40  (2)  of  the 
Act  apply. 

(2)  In  determining  the  number  of  persons  employed 
at  an  establishment  for  the  purposes  of  subsection  (1), 
those  persons  who  have  been  employed  for  less  than 
three  months  shall  not  be  taken  into  considera- 
tion.    R.R.O.  1970,  Reg.  251,  s.  4. 

6.  A  person  who  has  been  employed  for  less  than 
three  months  shall  not  be  entitled  to  notice  under  sub- 
section 40  (2)  of  the  Act.     R.R.O.  1970,  Reg.  251,  s.  S. 

7.  Where  notice  is  required  to  be  given  by  an 
employer  under  subsection  40  (2)  of  the  Act,  the 
employer  shall  at  the  same  time  notify  the  Minister  in 
writing.     R.R.O.  1970,  Reg.  251,  s.  6. 

8. — (1)  Where  the  terms  of  employment  permit  a 
person  whose  employment  is  terminated  to  take 
another  position  in  the  establishment  as  a  result  of 
which  some  other  person  loses  his  employment,  the 
employer  may  post  a  notice  in  a  conspicuous  part 
of  the  establishment  listing  the  person  to  be  termi- 
nated in  the  first  instance,  his  seniority  and  job 
classification  and  setting  forth  the  date  of  termination. 

(2)  The  posting  of  the  notice  mentioned  in  subsec- 
tion (1)  shall  be  notice  of  termination  of  employment  as 
of  the  day  of  posting  to  the  person  losing  his  employ- 
ment in  the  circumstances  set  out  in  subsection  (1). 

(3)  The  provisions  of  clause  40  (6)  (a)  of  the  Act  do 
not  apply  to  a  person  remaining  in  the  employment  of 
the  employer  in  the  circumstances  set  out  in  subsection 
(1).     R.R.O.  1970,  Reg.  251,  s.  7. 

9. — (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  conditional  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  temporarily  laid  off  as  defined  in  this  Regula- 
tion, the  employment  of  that  person  shall  be  deemed 
to  have  been  terminated  upon  the  first  day  that  he 
was  laid  off  and  the  employer  shall  pay  to  that 
person  an  amount  calculated  in  accordance  with  sub- 
section 40  (7)  of  the  Act,  as  though  the  employment  of 
the  person  had  been  terminated  forthwith  without 
notice.     R.R.O.   1970,  Reg.  251,  s.  8. 

10.  Where  a  person  continues  to  be  employed  after 
the  expiry  of  notice  of  termination  of  employment  for  a 
period  exceeding  the  length  of  the  notice,  his  employ- 
ment shall  not  be  terminated  except  in  accordance 
with  the  provisions  of  Part  XII  of  the  Act  and  this 
Regulation.     R.R.O.  1970,  Reg.  251,  s.  9. 

11.  The  length  of  notice  of  termination  of  employ- 
ment shall  not  include  any  week  of  vacation  unless  the 
person  after  receiving  the  notice  agrees  to  take  his 
vacation  during  the  period  of  the  notice.  R.R.O. 
1970,  Reg.  251,  s.  10. 

12. — (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  regular  rate,  whether  the  person 
performed  work  or  not. 

(2)  Where  during  the  period  of  notice  of  termina- 
tion the  person  who  has  been  given  that  notice 
is  guilty  of  wilful  misconduct  or  disobedience  or 
wilful  neglect  of  duty  that  has  not  been  condoned 
by  the  employer,  the  provisions  of  Part  XII  of  the  Act 
and  of  this  Regulation  shall  not  apply.  R.R.O.  1970, 
Reg.  251,  s.  11. 

13. — (1)  For  the  purposes  of  subsections  40  (6)  and 
(7)  of  the  Act  and  of  section  12  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 
agent;  or 

(c)  pursuant  to  an  order  or  j  udgment  of  a  court. 

(2)  An  authorization  in  writing  which  permits  a 
deduction  from  the  said  amounts  for, 

(a)  cash  shortages  where  two  or  more  persons 
have  access  to  the  cash ; 

(b)  losses  due  to  faulty  workmanship;  or 


Reg.  286 


EMPLOYMENT  STANDARDS 


285 


(c)  the  value  of  property  stolen  from  the  person, 

is  null  and  void.     R.R.O.  1970,  Reg.  251,  s.  12. 

14.  Where  the  employment  of  a  person  is  termi- 
nated 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 
40  (6)  and  (7)  of  the  Act  and  section  12  of  this  Regula- 
tion.    R.R.O.  1970,  Reg.  251,  s.  13. 

15. — (1)  Subject  to  subsection  (2),  period  of 
employment  constitutes  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  Part  XII  of  the  Act. 

(2)  Successive  periods  of  employment  of  a  person 
by  an  employer  shall  constitute  one  period  of  employ- 
ment except  where  the  successive  periods  of  employ- 
ment are  more  than  thirteen  weeks  apart  in  which  case 
the  period  of  last  employment  shall  constitute  the 
period  of  employment  for  the  purposes  of  Part  XII  of 
the  Act.     R.R.O.  1970,  Reg.  251,  s.  14. 

16. — (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  for  which  he  was  employed,  the 
employment  of  that  person  shall  be  deemed  not  to  be 
employment  for  a  definite  term  or  task  and  his 
emplojmient  shall  be  deemed  to  have  commenced 
at  the  beginning  of  the  term  or  task.  R.R.O.  1970, 
Reg.  251,  s.  15. 


Reg.  287 


ENDANGEREt)  SPECIES 


287 


REGULATION  287 

under  the  Endangered  Species  Act 


ENDANGERED  SPECIES 

1.  The  species  of  fauna  listed  in  Schedule  1  are 
declared  to  be  threatened  with  extinction.     O.  Reg. 

33/77,  s.  1. 

2.  The  species  of  flora  listed  in  Schedule  2  is 
declared  to  be  threatened  with  extinction.  O.  Reg. 
33/77,  s.  2. 


Schedule  1 

1.  Coluber    constrictor    foxi     Baird    and     Girard 
commonly  known  as  Blue  Racer. 

2.  Crotalus  horridus  horridus  Linnaeus  commonly 
known  as  Timber  Rattlesnake. 

3.  Falco  peregrinus  anatum  Bonaparte  commonly 
known  as  Peregrine  Falcon. 

4.  Haliaeetus   leucocephalus    alascanus   Townsend 
commonly  known  as  Bald  Eagle. 

5.  Pieris  virginiensis  Edwards  commonly  known 
as  West  Virginia  White  Butterfly. 


6.  Natrix  sipedon  insularum  Conant  and  Clay 
commonly  known  as  Lake  Erie  Island  Water 
Snake. 

7.  Charadrius  melodus  Ord  commonly  known  as 
Piping  Plover. 

8.  Numenius  borealis  Forster  commonly  known  as 
Eskimo  Curlew. 

9.  Aquila  chrysaetos  Linnaeus  commonly  known 
as  Golden  Eagle. 

10.  Pelecanus  erythrorhynchos  Gmelin  commonly 
known  as  White  Pelican. 

11.  Felts  concolor  couguar  Kerr  commonly  known 
as  Mountain  Lion  or  Eastern  Cougar. 

12.  Dendroica  kirtlandii  Baird  commonly  known 
as  Kirtland's  Warbler.  O.  Reg.  33/77,  Sched. 
1;0.  Reg.  581/77,  s.  1. 


Schedule  2 

1.  Cypripedium  candidum  Muhl  commorily  known 
as  Small  White  Lady's-slipper  orchid.  O.  Reg. 
33/77,  Sched.  2. 


Reg.  288 


ENERGY 


289 


REGULATION  288 


under  the  Energy  Act 


FUEL  OIL  CODE 


1.  In  this  Regulation, 

(a)  "approved"  means, 

(i)  where  appHed  to  a  standard,  that 
the  standard  is  Hsted  in  "Titles 
of  Appliances,  Equipment  and  Ac- 
cessory Standards  Authorized  for 
Use  in  the  Province  of  Ontario 
under  the  Energy  Act, 

(ii)  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 
standard  acceptable  to  the  Director 
or  conforming  with  a  Laboratory 
test  report  accepted  by  the  Director, 
or 

(iii)  where  applied  to  an  installation, 
that  it  conforms  with  this  Regu- 
lation ; 

(6)  "professional  engineer"  means  a  person 
who  is  a  member  or  licensee  of  the  As- 
sociation of  Professional  Engineers  of  the 
Province  of  Ontario.     O.  Reg.  441  /77,  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  Standards,  Specifica- 
tions 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  thereto  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  provision  of 
a  standard,  specification,  code  or  publication  adopted 
in  subsection  (1)  and  the  provisions  of  this  Regulation, 
the  provisions  of  this  Regulation  shall  prevail. 

(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.     O.  Reg.  44 1/ 

77,  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  operating  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  pressure ; 

(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 
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.     O.  Reg.  441/77,  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  forth- 
with; 

(c)  take  all  reasonable  precautions  to  prevent 
the  escape  or  spillage  of  fuel  oil  during  all 
operations  including  testing  and  repairing ; 
and 


290 


ENERGY 


Reg.  288 


{d)  ensure  that  escaped  fuel  oil  is  recovered 
and  contaminated  soil  is  removed  forth- 
with.   O.  Reg.  441/77,  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  permanently  seal  the 
ends  of  the  piping  by  capping  or 
plugging ; 

(c)  where  the  soil  around  the  tank  is  con- 
taminated 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. 
O.  Reg.  441  /77,  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  is 
qualified  to  make  the  weld  in  accordance  with  the 
requirements  of  CSA  Standard  Z 184- 1975  Gas 
Pipeline  Systems  and  is  the  holder  of  a  subsisting 
identification  card  issued  under  the  Boilers  and  Pres- 
sure Vessels  Act.     O.  Reg.  441/77,  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  ensure  the  temperature  of  the  fuel 
oil  is  not  raised  above  its  flash  point.  O.  Reg. 
441  /77.  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  instal- 
lation 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  instructions  as 


approved  by  a  testing  organization  desig- 
nated under  section  15,  and  Part  12  of  the 
Code  adopted  in  section  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  category  II  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  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  instructions  as 
approved  by  a  testing  organization  desig- 
nated under  section  15,  and  Part  12  of  the 
Code  adopted  in  section  2 ; 

(c)  the  installation  of  a  construction  heater 
and  any  associated  piping  and  the  repair, 
servicing  or  removal  of  the  heater  is  per- 
formed only  by  a  person  holding  a  certificate 
as  a  category  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.     O.  Reg.  441  /77,  s.  8. 

9. — (1)  Subject  to  sub.sections  (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 ; 


Reg.  288 


ENERGY 


291 


{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  con- 
forms with  the  apphcable  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  equip- 
ment is  greater  than  70  U.S.  gallons  per 
hour ;  or 

(6)  the  appliance  and  its  equipment  is  being 
used  for  the  function  for  which  it  was 
designed  and  has  previously  been  used  in 
another  location.     O.  Reg.  441  /77,  s.  9. 

10.  Every  contractor  who  installs  an  appliance 
shall  record  his  name,  address  and  registration 
number  on  the  appliance  in  a  readily  visible  location. 
O.  Reg.  441 /77,  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 ; 

(6)  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  appli- 
ance; or 

(/)  there  is  non-compliance  with  this  Regu- 
lation 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  appli- 


ance and  the  Director  of  the  condition.     O.  Reg. 
441/77,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  appli- 
ance do  not  terminate  outside  the  building  and 
refuses  to  deliver  fuel  oil  to  the  appliance  in  accord- 
ance with  subsection  (1),  he  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.  O.  Reg. 
441/77,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 ; 

(6)  any  defective  equipment  or  component  is 
repaired  or  replaced  forthwith ; 

(c)  any  leak  is  reported  to  an  inspector 
within  twelve  hours  of  its  discovery ; 

{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. 
O.  Reg.  441/77,  s.  13. 

14.  Where  a  fuel  oil  appliance  is  served  by  a 
pipeline,  the  distributor  shall  arrange  for  inspection 
of  the  appliance  at  intervals  approved  by  the 
Director.     O.  Reg.  441  /77.  s.  14. 


15. — (1)  The  Canadian  Standards  Association, 
the  Underwriters'  Laboratories  of  Canada  and  the 
Canadian  Gas  Association  are  designated  as  organi- 
zations to  test  fuel  oil  appliances,  including  those 
designed  to  bum  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  designated  as  organi- 
zations 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. 


292 


ENERGY 


Reg.  288 


(3)  Where  an  organization  designated  in  sub- 
section ( 1)  is  testing  an  appliance  having  components 
or  accessories  previously  certified  by  an  organi- 
zation not  designated  in  subsection  (1),  such  com- 
ponents or  accessories  shall  be  investigated  to 
confirm  whether  they  comply  with  the  applicable 
approved  standards.     O.  Reg.  441  /77,  s.  15. 

16.  An  appliance,  component,  accessory  or  equip- 
ment for  which  there  is  no  approved  standard  may 
be  tested  by  a  testing  organization  designated  by 
section  15  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  con- 
formance with  the  report  and  the  label  shall  con- 
stitute approval.     O.  Reg.  441  /77,  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  15  to  test  and  label  the 
appliance ;  and 

(6)  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  appliance. 

(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 
apphances  of  substantially  the  same  design  manu- 
factured by  two  or  more  persons  have  been  tested 
and  labelled  by  an  organization  designated  under 
section  15. 

(5)  The  fee  payable  by  an  applicant  for  insfjecting 
the  fuel  features  of  an  appliance  by  an  inspector 
under  subsection  (2)  and  for  observing  a  test  under 
subsection  (3)  shall  be  $30  for  every  hour  or  fraction 
thereof  of  the  time  spent  by  an  inspector  and  may 
include  travel  time  and  reasonable  travel  and  living 
expenses. 

(6)  The  Director  may  authorize  an  organization 
designated  under  section  15, 

(a)  to  perform  the  inspection  described  in  clause 
(2)  (6);  and 


{b)  to  require  the  applicant  for  a  label  under 
subsection  (1)  to  conduct  such  tests  as  are 
considered  necessary  by  the  testing  organi- 
zation 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.     O.  Reg.  441/77,  s.  17. 

18. — (1)  An  application  for  a  licence  to  distribute 
fuel  oil  by  pipeline  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  compHes  with  this 
Regulation. 

(3)  The  fee  on  making  an  application  under  subsec- 
tion (1)  for  a  licence  or  renewal  thereof  for  one  year  is 
$25  for  each  distribution  system.  O.  Reg.  441/77, 
s.   18. 

19. — (1)  An  appllication  for  a  registration  as  a  con- 
tractor under  section  13  of  the  Act  or  a  renewal  thereof 
shall  be  made  to  the  Director. 

(2)  The  fee  on  making  an  application  for  registra- 
tion as  a  contractor  or  a  renewal  thereof  is  $50 
for  one  year. 

(3)  Evidence  of  registration  as  a  contractor,  or  a 
renewal  thereof,  shall  be  issued  to  an  applicant  by 
the  Director  when  the  appHcant  is  registered  as  a 
contractor  or  his  registration  is  renewed. 

(4)  A  contractor  shall  display  evidence  of  his 
registration  in  a  conspicuous  place  in  his  business 
premises  and  shall  notify  the  Director  forthwith  of 
any  change  of  his  business  address. 

(5)  Every  registration  or  renewal  thereof,  expires 
on  the  date  indicated  thereon. 

(6)  Registrations  and  renewals  thereof  are  not 
transferable. 

(7)  Where  a  person's  evidence  of  registration  is 
lost  or  destroyed,  he  shall,  on  payment  of  a  $5  fee, 
be  issued  a  dupHcate  evidence  of  registration. 

(8)  Where  a  registered  contractor  changes  his 
name,  he  shall,  on  payment  of  a  $5  fee,  be  issued 
evidence  of  registration  in  his  new  name.  O.  Reg. 
441  /77,  s.  19. 

20. — (1)  A  certificate  as  required  by  subsection  14 
(1)  or  subsection  17  (2)  of  the  Act  or  a  renewal  thereof 
when  issued  to  an  applicant  shall  be  designated  as  a 
category  II  oil  burner  mechanic,  category  III  oil  burner 
mechanic,  or  a  pipeline  inspector  certificate,  as  the 
case  may  be. 


Reg.  288 


ENERGY 


293 


(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. 

(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  Direc- 
tor. 

(4)  The  fee  on  an  initial  application  for  a  certifi- 
cate as  a  category  II  oil  burner  mechanic,  category 
III  oil  burner  mechanic  or  as  a  pipeline  inspector, 
or  a  renewal  thereof,  is  $20  and  where  a  certificate 
is  issued,  the  application  fee  shall  be  applied  to 
the  issue  of  the  initial  certificate. 

(5)  An  appUcant  for  a  certificate  as  a  category 
II  oil  burner  mechanic,  category  III  oil  burner 
mechanic  or  as  a  pipeline  inspector,  or  a  renewal 
thereof,  shall  satisfy  the  Director  as  to  his  know- 
ledge and  competence  with  respect  to  the  subject- 
matter  of  the  type  of  certificate  applied  for. 

(6)  Where  an  applicant  for  a  certificate  is  not 
successful  in  passing  an  examination  required  by  the 
Director  under  subsection  (5),  the  applicant  may  not 
make  another  application  for  a  certificate  until  a 
period  of  not  less  than  ninety  days  has  elapsed  from 
the  date  of  examination  and  the  fee  on  a  sub- 
sequent application  is  $20. 

(7)  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  expiring 
on  the  birthday  of  the  holder. 

(8)  The  holder  of  a  certificate  shall  notify  the 
Director  forthwith  of  any  change  of  his  address. 

(9)  When  a  person's  certificate  is  lost  or  destroyed, 
he  shall,  on  payment  of  a  $5  fee.  be  issued  a  dupli- 
cate certificate. 

(10)  Where  the  holder  of  a  certificate  changes  his 
name,  he  shall,  on  payment  of  a  $5  fee,  be  issued  a 
certificate  in  his  new  name.     O.  Reg.  441  /77,  s.  20. 

21. — (1)  Where  a  person  holds  more  than  one  valid 
certificate  under  section  14  of  the  Act,  he  shall  make 
one  application  for  renewal  of  all  such  certificates. 

(2)  Notwithstanding  subsection  20  (4),  the  fee  for 
the  renewal  of  all  certificates  issued  under  subsection 
14  (1)  of  the  Act  is  $20.     O.  Reg.  441/77,  s.  21. 

22.  Section  14  of  the  Act  does  not  apply  to, 

(a)  a  p)erson  who  installs  an  appliance  or 
works  on  an  installed  appliance  in  his  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.     O.  Reg.  441  /77.  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  follow- 
ing procedures, 

(a)  clean,  oil  or  replace  any  electrical  com- 
ponent 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  in- 
cluding piping,  components,  valves  and 
heating  equipment ; 

{e)  disconnect  and  reconnect  not  more  than 
five  feet  in  horizontal  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 

(/)  the  procedures  permitted  of  the  holder  of  a 
certificate  as  a  category  III  oil  burner 
mechanic.  O.  Reg.  441/77.  s.  23  (1); 
O.  Reg.  665/77,  s.  1. 

(2)  The  holder  of  a  certificate  as  a  category  III 
oil  burner  mechanic  may  perform  the  following 
procedures, 

(a)  clean,  lubricate  or  reactivate  an  appli- 
ance ;  and 

(b)  clean,  remove  and  replace  any  flue  pipe 
or  the  barometric  damper.  O.  Reg.  441  /77, 
s.  23  (2). 

24.  Where  an  appliance  is  to  be  installed  in  a 
building,  the  Director  may  require, 

(a)  that  installation  drawings  be  submitted 
to  him  prior  to  the  commencement  of  the 
installation ;  and 

(6)  that  such  drawings  be  certified  by  a  pro- 
fessional engineer  as  complying  with  this 
Regulation.     O.  Reg.  441  /77,  s.  24. 


Reg.  289 


ENERGY 


295 


REGULATION  289 

under  the  Knergy  Act 


GAS  PIPELINE  SYSTEMS 
1.  In  this  Regulation, 

(a)  "operating  company"  means  an  individual, 
partnership,  corporation,  public  agency  or 
other  entity  operating  a  gas  pipeline  system; 

(b)  "professional  engineer"  means  a  person  who  is 
a  member  or  licensee  of  the  Association  of 
Professional  Engineers  of  the  Province  of 
Ontario.     O.  Reg.  629/80,  s.  1. 

2. — (1)  The  Standard  issued  by  the  Canadian  Stan- 
dards Association  entitled  CSA  Standard  Z184-M1979 
Gas  Pipeline  Systems,  as  it  existed  on  the  1st  day  of 
August,  1980,  and  the  standards,  specifications,  codes 
and  publications  set  out  therein  as  reference  publica- 
tions insofar  as  they  apply  to  the  said  Standard  are 
adopted  as  part  of  this  Regulation  with  the  following 
changes: 

1.  Clause  1.1.1.  is  revoked  and  the  following 
substituted  therefor: 

1.1.1.  This  Standard  covers  the  design,  fab- 
rication, installation,  inspection,  test- 
ing, and  the  safety  aspects  of  operation 
and  maintenance  of  gas  pipeline  sys- 
tems including  transmission  lines, 
compressor  stations,  metering  and 
regulating  stations,  distribution  lines 
and  service  lines. 


2.  The  explanations  and  note  under  Table  3.2 
are  revoked  and  the  following  substituted 
therefor: 

*Category  I  does  not  require  proven  notch 
toughness  properties.  Category  II  materials 
shall  have  minimum  Charpy  V-notch  tough- 
ness requirements  of  20J  at  the  design  temper- 
ature. 

+Category  I  valves,  fittings  and  flanges  may 
be  specified  for  pipe  runs  less  than  50  metres 
in  length. 

Note:  Valves  to  AP16D,  Specification  for 
Pipeline  Valves,  that  have  been  qualified  for 
design  temperatures  below  -29  degrees  Cel- 
sius meet  Category  II  requirements  at  or 
above  the  test  temperature  used. 

3 .  The  explanations  under  Table  3 . 3  are  revoked 
and  the  following  substituted  therefor: 

*For  pipe  runs  exceeding  50  metres  in  length 
Category  II  pipe  should  be  specified  when  the 
design  operating  stress  exceeds  145  MPa  for 
pipe  in  Class  Location  2,  or  120  MPa  for  pipe 
in  Class  Location  3,  or  95  MPa  for  pipe  in 
Class  Location  4. 

+Categor>'  I  pipe  may  be  specified  for  pipe 
runs  less  than  50  metres  in  length. 


Table  6.6  is  revoked  and  the  following  substituted  therefor: 
Table  6.6* 


Test  Requirements  for  Pipelines  to  Operate  at  Hoop  Stresses  of  30  Per  Cent  or 
More  of  the  Sjsecified  Minimum  Yield  Strength  of  the  Pipe 

1 

2 

3 

4 

5 

Class 
Location 

Permissible 
Test  Medium 

Prescribed  Test  Pressure 
Minimum                       Maximum 

Maximum  Allowable 

Operating  Pressure 

(Lesser  oO 

1 

Approved  Liquid 
Air  or  Gas 

1.25xm.o.p. 
1.25xm.o.p. 

Clause  6.5.9.3. 
1.25  xd.p. 

t.p.  H-  1.25  or  d.p. 
t.p.  -^  1.25  or  d.p. 

2 

Approved  Liquid 
Air  or  Gas 

1.25xm.o.p. 
1.25xm.o.p. 

Clause  6.4.9.3. 
1.25  xd.p. 

t.p.  ^  1.25  or  d.p. 
t.p.  -i-  1.25  or  d.p. 

3 

Approved  Liquid 

1.40xm.o.p. 

Clause  6.4.9.3. 

t.p.  -^  1.40  or  d.p. 

4 

Approved  Liquid 

1.40xm.o.p. 

Clause  6.4.9.3. 

t.p.  -j-  1.40  or  d.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 


296 


ENERGY 


Reg.  289 


Notes: 


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  prescribed  in  Column  4.  (See 
Clauses  2.1  and  6.8.1) 


(1)  m.o.p.  =  maximum  operating  pressure  (not  necessarily  the  maximum  allowable  operating  pressure). 

(2)  d.p.  =  design  pressure. 

(3)  t.p.=test  pressure. 

(4)  For  definitions  of  terms  S,  D,  t,  E,  and  T,  see  Clause  6.4.1.1. 


(2)  Where  there  is  a  conflict  between  a  provision  of  a 
standard,  specification,  code  or  publication  adopted  in 
subsection  (1)  and  the  provisions  of  this  Regulation, 
the  provisions  of  this  Regulation  shall  prevail. 
O.  Reg.  629/80,  s.  2. 

3.  No  person  shall  design,  construct,  erect,  alter, 
install,  test  or  remove  a  pipeline,  plant,  machinery  or 
equipment  for  the  transmission  or  distribution  of  gas 
except  in  accordance  with  the  Standard  adopted  under 
section  2  and  this  Regulation.     O.  Reg.  629/80,  s.  3. 

4. — (1)  Before  commencing  an  installation,  exten- 
sion, replacement  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, 

(o)  written  acknowledgement  from  the  Director 
that  the  installation,  extension,  replacement 
or  reclassification,  as  the  case  may  be,  con- 
forms to  the  requirements  of  the  Act  and  this 
Regulation;  or 

ib)  certification  by  a  professional  engineer  that 
the  installation,  extension,  replacement  or 
reclassification,  as  the  case  may  be,  conforms 
to  the  requirements  of  the  Act  and  this  Regu- 
lation. 

(2)  Subsection  (1)  does  not  apply  to  a  service  line 
with  a  diameter  of  less  than  88.9  millimetres. 

(3)  Before  uprating  a  pipeline,  every  operating  com- 
pany shall  obtain, 

(a)  written  acknowledgement  from  the  Director 
that  the  uprating  of  the  pipeline  conforms  to 
the  requirements  of  the  Act  and  this  Regula- 
tion; or 

(b)  certification  by  a  professional  engineer  that 
the  uprating  of  the  pipeline  conforms  to  the 
requirements  of  the  Act  and  this  Regula- 
tion.    O.  Reg.  629/80,  s.  4. 


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.  629/80,  s.  5. 

6. — (1)  Every  operating  company  shall  formulate  in 
writing  and  file  with  the  Director  a  manual  setting  out 
its  standard  practices  and  procedures  that  shall  comply 
with  this  Regulation. 

(2)  Every  operating  company  shall  review  the  man- 
ual 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 
procedures  and  inform  the  Director  in  writing  of  any 
revision. 

(3)  The  standard  practices  and  procedures  required 
under  subsection  (1)  and  the  revisions  required  under 
subsection  (2)  shall  be  certified  by  a  professional 
engineer  as  conforming  to  this  Regulation.  O.  Reg. 
629/80,  s.  6. 

7.  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  nominal  size,  length,  operating  pressure 
and  location  of  each  pipeline.     O.  Reg.  629/80,  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.  629/80,  s.  8. 

9.  Where  plastic  pipe  and  fittings  are  used  in  a 
pipeline,  the  plastic  pipe  and  fittings  shall  be  certified 
by  a  recognized  testing  laboratory  as  conforming  to  the 
standards  contained  in  "Titles  of  Appliances,  Equip- 
ment and  Accessor>'  Standards  Authorized  for  Use 
in  the  Province  of  Ontario  under  the  Energy  Act". 
O.  Reg.  629/80,  s.  9. 

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  pipeline  unless  he  is  qualified 


Reg.  289 


ENERGY 


297 


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.  629/ 
80,  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  certifi- 
cate as  a  gas  pipeline  inspector  certifies  that  the  instal- 
lation, testing  or  replacement  of  the  pipeline  has  been 
made  in  accordance  with  this  Regulation.  O.  Reg. 
629/80,  s.  11. 

12. — (1)  An  application  for  a  licence  to  transmit  gas 
or  a  renewal  thereof  under  section  12  of  the  Act  shall 
be  made  to  the  Director. 

(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  preced- 
ing the  year  for  which  application  is  made, 

(a)  does  not  exceed   14,000,000  cubic  metres, 
$100; 


(b)  exceeds  14,000,000  cubic  metres,  $250. 
Reg.  629/80,  s.  12. 


O. 


13. — (1)  An  application  for  a  licence  to  distribute 
gas  or  a  renewal  thereof  under  section  12  of  the  Act 
shall  be  made  to  the  Director. 

(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, 

(o)  does  not  exceed  14,000  cubic  metres,  nil; 

(b)  exceeds  14,000  cubic  metres  but  does  not 
exceed  280,000  cubic  metres,  $25; 

(c)  exceeds  280,000  cubic  metres  but  does  not 
exceed  2,800,000  cubic  metres,  $50; 

id)  exceeds  2,800,000  cubic  metres  but  does  not 
exceed  14,000,000  cubic  metres,  $150; 

(e)  exceeds  14,000,000  cubic  metres,  $350.     O. 
Reg.  629/80,  s.  13. 


14. — (1)  An  application  for  a  certificate  as  a  gas 
pipeline  inspector,  or  a  renewal  thereof,  under  subsec- 
tion 14  (1)  of  the  Act  shall  be  made  to  the  Director. 

(2)  The  fee  on  an  initial  application  for  a  certificate  as 
a  gas  pipeline  inspector  is  $20  and  where  a  certificate  is 
issued  the  application  fee  shall  be  applied  to  the  issue  of 
the  initial  certificate. 

(3)  An  initial  certificate  as  a  gas  pipeline  inspector 
expires  on  the  holder's  second  birthday  next  following 
the  issuance  of  the  certificate  and  any  subsequent 
renewal  shall  be  for  a  period  of  two  years  expiring  on  the 
date  shown  on  the  certificate. 

(4)  The  renewal  fee  for  a  certificate  as  a  gas  pipeline 
inspector  is  $20. 

(5)  An  applicant  for  a  certificate  as  a  gas  pipeline 
inspector,  or  a  renewal  thereof,  shall  satisfy  the  Direc- 
tor as  to  his  knowledge  and  competence  as  a  gas 
pipeline  inspector. 

(6)  The  holder  of  a  certificate  shall  notify  the  Direc- 
tor forthwith  of  any  change  of  his  address. 

( 7)  Where  a  person's  certificate  is  lost  or  destroyed  he 
shall,  on  payment  of  a  $5  fee,  be  issued  a  duplicate 
certificate. 

(8)  Where  the  holder  of  a  certificate  changes  his 
name  he  shall  on  payment  of  a  $5  fee  be  issued  a 
certificate  in  his  new  name.     O.  Reg.  629/80,  s.  14. 

15.  Subsection  14  (1)  and  section  17  of  the  Act  do 
not  apply  to  a  person  who  is  a  professional  engineer. 
O.  Reg.  629/80,  s.  15. 

16. — (1)  Where  a  person  holds  more  than  one  valid 
certificate  under  section  14  of  the  Act,  he  shall  make 
one  application  for  the  renewal  of  all  such  certificates. 

(2)  Notwithstanding  subsection  14  (4),  the  fee  for 
the  renewal  of  all  certificates  for  which  application  is 
made  under  subsection  (1)  is  $20.  O.  Reg.  629/80, 
s.  16. 

1 7.  Every  licence  or  renewal  thereof  expires  on  the 
date  shown  thereon.     O.  Reg.  629/80,  s.  17. 


Reg.  290 


ENERGY 


299 


REGULATION  290 

under  the  Energy  Act 


GAS  UTILIZATION  CODE 
1.  In  this  Regulation, 
(a)  "approved"  means, 

(i)  where  applied  to  a  standard,  that 
the  standard  is  listed  in  "Titles  of 
Appliances,  Equipment  and  Acces- 
sory Standards  Authorized  for  Use 
in  the  Province  of  Ontario  Under 
the  Energy  Act", 

(ii)  where  apphed  to  an  appliance,  that 
the  appliance  bears  a  label  issued  by 
the  Director,  or  bears  a  label  of  a 
designated  testing  organization,  cer- 
tifying conformance  with  a  standard 
acceptable  to  the  Director  or  con- 


forming with  a  laboratory  test  report 
accepted  by  the  Director,  or 

(iii)  where  applied  to  an  installation, 
that  it  conforms  with  this  Regu- 
lation ; 

(b)  "professional  engineer"  means  a  person  who 
is  a  member  or  licensee  of  the  Association 
of  Professional  Engineers  of  the  Province 
of  Ontario.    O.  Reg.  439/77,  s.  1. 

2. — (1)  The  Code  issued  by  the  Canadian  Gas 
Association  entitled  "Installation  Code  for  Natural 
Gas  Burning  Appliances  and  Equipment,  CGA  B 
149.1-1976  as  it  existed  on  the  1st  day  of  September, 
1977  and  the  Standards,  Specifications  and  Codes  set 
out  therein  as  reference  publications  insofar  as  they 
apply  to  the  said  Code  are  adopted  as  part  of  this 
Regulation  with  the  following  changes: 


1.  Part  3  is  amended  by  adding  thereto  the  following  clause: 

3.4.2 :  Appliances  shall  not  be  installed  in  an  area  of  a  dry-cleaning  or  other  establishment  that  has  an 
atmosphere  where  vapours  corrosive  to  the  appliances  may  be  present. 

2.  Clause  3.10.1  is  revoked  and  the  following  substituted  therefor: 

3.10.1:  Meter/regulator  installations  shall  be  in  accordance  with  CSA  Standard  Z184-Gas  Pipeline 
Systems. 

3.10.2:  A  meter,  and  regulator  assembly,  may  only  be  installed,  tested,  serviced  or  changed  by  a 
person  authorized  by  the  distributor. 

3.  Part  5  is  amended  by  adding  thereto  the  following  clause : 

5.29:  An  infra-red  heater  shall  not  be  installed  in  single  or  multiple  family  dwellings,  hotels,  motels 
or  buildings  used  for  institutional  occupancy. 

4.  Subclause  6. 14.4  (a)  is  revoked  and  the  following  substituted  therefor: 
(a) :  a  certified  tee  or  90°  elbow  of  Type  B.     Vent  material. 

5.  Clause  6.19.2  is  amended  by  adding  the  words  "Except  in  buildings  used  as  one  or  two  family 
dwellings"  at  the  beginning  thereof. 

6.  Section  7.1  is  revoked. 

7.  Clause  7.11.1  is  revoked  and  the  following  substituted  therefor: 

7.11.1:  Boilers  shall  be  equipped  with  approved  automatic  devices  of  which  the  sole  function  shall 
be  to  shut  down  the  burners  in  the  event  of  undue  pressure  or  low  water  in  a  steam  boiler,  overheating  in 
a  water  boiler,  low  water  in  a  water  boiler  with  an  input  in  excess  of  250,000  BTUH  or  where  the  hot  water 
system  is  below  the  highest  flue  pass  of  the  boiler. 


300 


ENERGY 


Reg.  290 


8.  Clause  9.2.2  is  revoked  and  the  following  substituted  therefor ; 

9.2.2:  Except  where  the  total  input  of  an  appliance  is  less  than  2,000,000  BTUH,  provision  shall 
be  made  for  shutting  off  the  gas  supply  to  the  appliance  by  locating  a  shut-off  valve  outside  the  room 
occupied  by  the  appliance.    This  valve  shall  be  readily  accessible  in  the  event  of  emergency. 

9.  Part  10  is  amended  by  adding  thereto  the  following  clauses: 

10.10.9:  Welding  shall  be  performed  by  persons  certified  under  the  Boilers  and  Pressure  Vessels  Act  and 
using  methods  set  forth  in  Regulation  289  of  Revised  Regulations  of  Ontario,  1980. 

10. 10. 10:  Testing  of  underground  welded  pipe  shall  be  performed  in  accordance  with  the  procedures  set  forth 
in  Regulation  289  of  Revised  Regulations  of  Ontario,  1980. 

10.  Subclause  10.13.2  (b)  is  revoked  and  the  following  substituted  therefor: 

(b) :  its  diameter  is  not  less  than  the  diameter  of  the  piping  it  serves  or  two  inches  diameter,  whichever 
is  the  lesser. 

11.  Clause  10.22.4  is  amended  by  adding  thereto  the  following  subclauses: 

(c):  additions  to  existing  piping  systems  under  y^  psig  may,  if  less  than  twenty  feet  in  length,  be 
tested  in  accordance  with  clause  b. 

(d):  the  fitter  who  makes  a  pressure  test  on  a  gas  system  shall,  when  the  test  is  completed,  attach 
to  the  piping  a  tag  in  a  form  acceptable  to  the  distributor  recording  the  test  pressure  and  duration,  the 
date  and  his  certificate  number. 


(2)  Where  there  is  a  conflict  between  a  provision 
of  a  standard,  specification,  code  or  publication 
adopted  in  subsection  (1)  and  the  provisions  of  this 
Regulation,  the  provisions  of  this  Regulation  shall 
prevail. 

(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. 

(4)  A  reference  in  the  code  adopted  in  subsection  (1) 
to  "enforcing  authority"  shall  be  deemed  to  be  a  ref- 
erence to  "gas  distributor"  in  the  following  clauses: 

1. 

2. 
3. 
4. 
5. 
6. 
7. 

O.  Reg.  439/77,  s.  2. 


3.  No  person  shall  knowingly  supply  gas  to  or 
use  a  gas  appliance  where, 


4.1.  2 

4.7.  1 

6.5.  1 

6.8.  1 

6.19.4 

6.19.5 

10.15.7 

0.  R 

Appliances 

USE  OF  APPLIANCES 

(a)  its  installation  is  inspected  by  the  distributor 
under  subsection  15  (2)  of  the  Act  and  is 
found  not  to  comply  with  the  Act  or  this 
Regulation; 

(b)  the  combustion  products  of  the  appliance 
are  not  safely  vented;  or 

(c)  the  appliance  has  been  tagged  as  unsafe. 
O.  Reg.  439/77,  s.  3. 

4. — (1)  Subject  to  subsections  (2)  and  (3),  where  a 
gas  distributor  finds  that, 

(a)  an  appliance  is  used  for  a  purpose  other 
than  that  for  which  it  is  designed ; 

(b)  any  device,  attachment,  alteration  or  deter- 
ioration might  in  any  way  impair  the 
combustion  within  or  safe  venting  of  an 
appliance ; 

(c)  there  is  non-compliance  with  this  Regu- 
lation with  respect  to  the  venting  of  the 
appliance  or  the  siipply  of  air  for  com- 
bustion ; 

(d)  the  operation  of  an  appliance  raises  the 
surface  temperature  of  adjacent  com- 
bustible material  in  excess  of  194°  Fahren- 
heit; or 

(e)  the  condition  of  the  piping,  tubing  or  hose 
does  not  comply  with  this  Regulation, 

the  distributor  shall  notify  the  user  of  the  appliance 
in  writing  of  the  existence  of  any  condition  set  out 


Reg.  290 


ENERGY 


301 


in  clause  (a),  (b),  (c),  {d)  or  (e),  as  the  case  may  be,  and 
that,  unless  the  appliance  or  its  installation  is  corrected 
within  ten  days  of  the  receipt  of  the  notice  by  the  user, 
that  the  user's  supply  of  gas  will  be  terminated. 

(2)  Where  the  distributor  is  satisfied  that  no  hazard 
exists  as  a  result  of  a  finding  under  subsection  (1),  he 
may  extend  the  ten-day  period  in  subsection  (1)  by  a 
further  ten  days. 

(3)  Where  the  Director  agrees,  the  distributor  may 
further  extend  the  period  in  subsection  (2)  for  such 
time  as  the  Director  designates.     O.  Reg.  439/77,  s.  4. 

5. — (1)  Where  an  appliance  or  its  installation  is  not 
corrected  within  the  period  set  out  in  subsection  4  (1), 
(2)  or  (3),  as  the  case  may  be,  the  distributor  shall  not 
supply  gas  to  the  appliance  and  no  person  shall  use  the 
appliance  until  the  appliance  or  its  installation  is  cor- 
rected. 

(2)  The  person  responsible  for  the  operation  of 
an  appliance  shall  ensure  that  the  appliance  is 
maintained  in  a  safe  operating  condition.  O.  Reg. 
439/77,  s.  5. 

6. — (1)  Every  distributor  shall  formulate  in  writ- 
ing and  file  with  the  Director  a  manual  setting  out 
his  standard  practices  and  procedures  and  shall 
include  therein  the  types  and  categories  of  residen- 
tial and  commercial  appliances  and  the  frequency  of 
re-inspection  for  an  appliance  and  its  installation 
and  each  distributor  shall  operate  in  conformance 
with  his  manual. 

(2)  Notwithstanding  subsection  (1),  it  shall  be  the 
responsibility  of  the  owner  of  an  industrial  estab- 
lishment where  gas  is  used  to  arrange  for  the  main- 
tenance of  appliances  and  their  installations  and  to 
ensure  that  they  are  installed  and  maintained  in 
^cordance  with  the  Act  and  this  Regulation. 

(3)  The  distributors,  and  the  persons  in  charge 
of  the  establishments  referred  to  in  subsection  (2), 
shall  maintain  a  record  of  each  inspection  made 
under  this  section  until  the  report  of  the  next 
inspection  is  completed.    O.  Reg.  439/77,  s.  6. 

APPROVAL  OF  APPLIANCES 

7. — (1)  The  Canadian  Gas  Association  is  desig- 
nated as  an  organization  to  test  all  gas  appliances 
to  approved  standards  and,  where  the  appliances 
conform  to  the  standards,  to  place  its  label  thereon. 

(2)  The  Canadian  Standards  Association  Testing 
Laboratories  and  the  Underwriters'  Laboratories 
of  Canada  are  designated  as  organizations  to  test, 

(a)  gas  appliances  having  an  input  greater  than 
400,000  BTUH; 

(b)  gas    appliances    of    any    input    designed 
primarily  for  commercial  or  industrial  use 


except  commercial  cooking  and  water  heat- 
ing; 

(c)  gas    appliances    of    any    input    designed 
primarily  for  mobile  homes;  and 

(d)  appliances  using  gas  or  electricity  inter- 
changeably to  perform  the  same  functions, 

and  where  the  appliances  conform  to  the  approved 
standards,  place  their  label  thereon. 

(3)  The  Canadian  Gas  Association,  the  Canadian 
Standards  Association  Testing  Laboratories  and  the 
UnderwriterF'  Laboratories  of  Canada  are  desig- 
nated as  organizations, 

(a)  to  test  equipment  components  or  acces- 
sories; and 

(6)  to  test  appliances  designed  to  burn  both 
gas  and  fuel  oil  either  together  or  separately, 

to  approved  standards  and,  where  the  equipment, 
components,  accessories  or  appliances  conform  to 
the  standards,  to  place  their  labels  thereon. 

(4)  The  Underwriters'  Laboratories  Incorporated 
is  designated  as  an  organization  to  test  equipment, 
components  and  accessories  to  approved  standards 
and,  where  the  equipment,  component  or  accessory 
conforms  to  the  standards,  to  place  its  labels  thereon. 

(5)  Where  an  organization  designated  in  sub- 
section (3)  is  testing  an  appliance  having  components 
or  accessories  previously  certified  by  an  organiza- 
tion not  designated  under  subsection  (3),  the  com- 
ponents or  accessories  shall  be  investigated  to 
ascertain  whether  they  comply  with  the  applicable 
approved  standards.    O.  Reg'.  439/77,  s.  7. 

8.  An  appliance,  component,  accessory  or  equip- 
ment for  which  there  is  no  approved  standard  may 
be  tested  by  a  testing  organization  designated  under 
subsection  7  (3)  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.     O.  Reg.  439/77,  s.  8. 

9. — (1)  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  that  does  not  bear  the  label  of  the  Canadian 
Gas  Association,  the  Canadian  Standards  Associa- 
tion 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 


302 


ENERGY 


Reg.  290 


subsection    7    (3)    to    test    and    label    the 
appliance;  and 

(6)  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  appliance. 

(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  manufac- 
tured by  two  or  more  persons  have  been  tested  and 
labelled  by  an  organization  designated  under  subsec- 
tion 7  (3). 

(5)  The  fee  payable  by  an  applicant  for  inspecting 
the  fuel  features  of  an  appliance  by  an  inspector  under 
sub.section  (2)  and  for  observing  a  test  under  subsection 
(3)  shall  be  $30  for  every  hour  or  fraction  thereof  of  the 
time  spent  by  an  inspector  and  may  include  travel  time 
and  reasonable  travel  and  living  expenses. 

(6)  The  Director  may  authorize  an  organization 
designated  under  subsection  7  (3), 

(a)  to  perform  the  inspection  described  in  clause 
(2)  (b);  and 

(h)  to  require  the  applicant  for  a  label  under  sub- 
section (1)  to  conduct  such  tests  as  are  consi- 
dered 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.     O.  Reg.  439/77,  s.  9. 

10.  Where  application  is  made  under  subsection  9 
(1)  in  respect  of  the  fuel  features  of  an  appliance  where 
there  is  no  approved  standard  for  the  appliance  or 
where  an  approved  standard  is  only  partially  applic- 
able, an  inspector  may  determine  whether  the  fuel 
features  of  the  appliance  conform  to  the  applicable 
requirements  of  any  approved  standard  and  to  this 
Regulation.     O.  Reg.  439/77,  s.  10. 

EXEMPTIONS 

11. — (1)  An  appliance  having  an  input  in  excess 
of  50,000,000  BTUH  that  conforms  to  the  applicable 
requirements  of  the  Code  adopted  in  section  2  is 
exempt  from  section  10  of  the  Act. 


(2)  The  owner  of  an  appliance  referrd  to  in  subsec- 
tion (1)  shall  submit  to  the  gas  distributor,  prior  to  the 
activation  of  the  appliance, 

(a)  certification  by  a  professional  engineer 
that  the  appliance  and  its  installation  con- 
form to  the  requirements  of  the  code 
adopted  in  section  2;  and 

(b)  the  name,  address  and  telephone  number 
of  the  person  who  will  activate  the  appli- 
ance. 

(3)  A  manually  operated  appliance  other  than  a 
commercial  type  appliance  or  residential  type 
appliance  with  an  input  not  exceeding  20,000  BTUH, 
and  a  Bunsen  burner,  are  exempt  from  section  10 
of  the  Act. 

(4)  An  appliance  that  is  being  used  for  the 
function  for  which  it  was  designed  and  that  has 
previously  been  used  in  another  location  is  exempt 
from  section  10  of  the  Act.    O.  Reg.  439/77,  s.  11. 

12. — (1)  An  application  for  registration  as  a  con- 
tractor under  section  13  of  the  Act,  or  a  renewal  there- 
of, shall  be  made  to  the  Director. 

(2)  The  fee  on  making  an  application  for  regis- 
tration as  a  contractor  or  a  renewal  thereof  for 
one  year  is  $50. 

(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  his  registration  is  renewed. 

(4)  A  contractor  shall  display  evidence  of  his 
registration  in  a  conspicuous  place  in  his  business 
premises  and  shall  notify  the  Director  forthwith  of 
any  change  of  his  business  address. 

(5)  Where  a  person's  evidence  of  registration  is 
lost  or  destroyed  he  shall,  on  payment  of  a  $5  fee, 
be  issued  a  duplicate  evidence  of  registration. 

(6)  Where  a  contractor  changes  his  name,  he 
shall,  on  payment  of  a  $5  fee,  be  provided  with 
evidence  of  registration  in  his  new  name. 

(7)  Every  registration  or  renewal  thereof  expires 
on  the  date  indicated  thereon. 

(8)  Registrations  and  renewals  thereof  are  not 
transferable.    O.  Reg.  439/77,  s.  12. 

13. — (1)  An  application  for  a  certificate  under  sub- 
section 14  (1)  of  the  Act  or  a  renewal  thereof  shall  be 
made  to  the  Director. 

(2)  A  certificate  under  subsection  14  (1)  of  the  Act  or 
renewal  thereof  when  issued  to  an  applicant  shall  be 
designated  as  a  gas  fitter  I,  gas  fitter  II,  gas  appliance 
installer  I,  gas  appliance  installer  II,  maintenance  gas 
fitter,  service  gas  fitter  or  gas  standby  fitter  certificate, 
as  the  case  may  be. 


Reg.  290 


ENERGY 


303 


(3)  The  fee  on  an  initiEil  application  for  a  certificate 
under  subsection  (1)  or  a  renewal  thereof  is  $20  and, 
where  a  certificate  is  issued,  the  application  fee  shall 
be  applied  to  the  issue  of  the  certificate. 

(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  expiring 
on  the  birthday  of  the  holder. 

(5)  An  applicant  for  a  certificate  under  subsection 
14  (1)  of  the  Act  or  a  renewal  thereof  shall  satisfy  the 
Director  as  to  his  knowledge  and  competence  with 
respect  to  the  subject-matter  of  the  type  of  certificate 
applied  for. 

(6)  Where  an  applicant  for  a  certificate  is  not 
successful  in  passing  an  examination  required  by 
the  Director  under  subsection  (5),  the  applicant  may 
not  make  another  application  for  a  certificate  until 
a  period  of  not  less  than  ninety  days  has  elapsed 
from  the  date  of  the  examination  and  the  fee  on  a 
subsequent  application  is  $20. 

(7)  The  holder  of  a  certificate  shall  notify  the 
Director  forthwith  of  any  change  of  his  address. 

(8)  Where  a  person's  certificate  is  lost  or  de- 
stroyed, he  shall,  on  payment  of  a  $5  fee,  be  issued 
a  duplicate  certificate. 

(9)  Where  the  holder  of  a  certificate  changes 
his  name,  he  shall,  on  payment  of  a  $5  fee,  be 
issued  a  certificate  in  his  new  name.  O.  Reg.  439/77, 
s.  13. 

14.  Section  14  of  the  Act  does  not  apply  to  a 
person  who  installs  an  appliance  or  works  on  an 
installed  appliance  in  his  own  single-family  detached 
dwelling.    O.  Reg.  439/77,  s.  14. 

15. — (1)  Where  a  person  holds  more  than  one  valid 
certificate  under  section  14  of  the  Act,  he  shall  make 
one  application  for  renewal  of  all  such  certificates. 

(2)  Notwithstanding  subsection  13  (3),  the  fee  for 
renewal  of  all  certificates  issued  under  subsection  14 
(1)  of  the  Act  is  $20.     O.  Reg.  439/77,  s.  IS. 

16.  The  holder  of, 

(a)  a  certificate  as  a  gas  fitter  I  may  install, 
alter,  purge,  activate,  repair,  service  or 
remove  an  appliance  with  any  BTUH 
input  and  its  equipment  and  in  connec- 
tion therewith  may  perform  the  following 
procedures : 

(i)  clean,  oil  or  replace  any  electrical 
component  or  accessory  forming 
part  of  such  appliance, 


(ii)  disconnect  and  reconnect  not  more 
than  five  feet  in  horizontal  measure- 
ment of  water  piping  in  order  to 
replace  water  heaters  with  approved 
water  heaters  and  carry  out  the 
necessary  replacement  of  controls 
and  components  that  form  part  of 
an  approved  water  heater, 

(iii)  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, 

(iv)  install,  service,  remove  or  replace 
any  vent  or  vent-connector  together 
with  its  associated  draft  control 
devices,  and 

(v)  install,  service,  remove  or  replace 
components  and  accessories  forming 
part  of  a  refrigerating  or  air-con- 
ditioning unit; 

(6)  a  certificate  as  a  gas  fitter  II  may  install, 
alter,  purge,  activate,  repair,  service  or 
remove  a  preassembled  appliance  having 
an  input  of  400,000  BTUH  or  less  and  the 
equipment  therefor  and  in  connection 
therewith  may  perform  the  procedures 
described  in  paragraphs  i,  ii,  iii,  iv  and  v 
of  clause  (a); 

(c)  a  certificate  as  a  gas  appliance  installer  I 
may  install,  test,  purge,  activate  or  remove 
any  appliance  with  any  BTUH  input  and 
may  perform  the  following  procedures: 

(i)  install  or  remove  any  vent  or  vent 
connector  together  with  its  asso- 
ciated draft  control  devices, 

(ii)  install  or  remove  any  piping  to  such 
appliance  downstream  of  the  meter, 
and 

(iii)  disconnect  and  reconnect  not  more 
than  five  feet  in  horizontal  measure- 
ment 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)  a  certificate  as  a  gas  appliance  installer  II 
may  install,  test,  purge,  activate  or  remove 
a  preassembled  appliance  having  an  input 
of  400,000  BTUH  or  less  and  the  equip- 
ment therefor  and  in  connection  therewith 
may  jjerform  the  procedures  described  in 
paragraphs  i,  ii  and  iii  of  clause  (c); 


304 


ENERGY 


Reg.  290 


(e)  a  certificate  as  a  maintenance  fitter  may 
install,  test,  purge,  activate,  repair,  ser- 
vice or  remove  an  appliance  fuelled  with 
gas  or  propane  in  the  vapour  state  having 
any  input  and  its  equipment  that  is  located 
or  is  being  located  on  the  industrial 
premises  of  his  employer; 

(/)  a  certificate  as  a  service  gas  fitter  may 
purge,  activate,  repair,  service  or  remove 
a  preassembled  appliance  having  an  input 
of  400,000  BTUH  or  less  where  the  appli- 
ance has  been  manufactured  by  his  em- 
ployer or  is  being  serviced  by  his  employer 
where  the  employer  is  an  authorized  agent 
of  the  manufacturer  and  in  connection 
therewith  may  perform  the  following  pro- 
cedures : 

(i)  service  or  replace  any  electrical 
component  or  accessory  forming 
part  of  such  appliance, 

(ii)  service,  remove  or  replace  any  vent 
or  vent-connector  together  with  its 
associated  draft  devices,  and 


(iii)  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;  or 

ig)  a  certificate  as  a  gas  standby  fitter  shall 
be  a  person  employed  by  a  distributor 
supplying  natural  gas  and  may  perform  the 
following  procedures: 

(i)  shut  off  all  types  of  appliances  of 
any  input  including  the  complete 
turn  off  of  a  gas  service, 

(ii)  relight  and  perform  basic  adjust- 
ments on  a  residential  appliance, 
and 

(iii)  make  emergency  gas  leakage  tests 
and  repairs  on  a  residential  appli- 
ance.   O.  Reg.  439/77,  s.  16. 

17.  Every  distributor  of  gas  shall  pay  an  annual 
fee  for  inspections  during  the  year  of  his  pipelines 
and  appliances  and  the  pipelines  and  appliances  of 
his  consumers  in  an  amount  equal  to  the  cost  of  the 
inspections.    O.  Reg.  439/77,  s.  17. 


Reg.  291 


ENERGY 


305 


REGULATION  291 

under  the  Knergy  Act 


OIL  PIPELINE  TRANSPORTATION 
SYSTEMS 

I.  In  this  Regulation, 

(a)  "oil"  means  crude  oil,  liquid  petroleum  prod- 
ucts, natural  gasoline,  natural  gas  liquids, 
liquefied  petroleum  gas  and  any  condensate 
resulting  from  the  production,  processing  or 
refining  of  gas; 

(b)  "operating  compan>'"  means  an  individual, 
partnership,  corporation,  public  agency  or 
other  entity  operating  an  oil  pipeline  trans- 
portation system; 

(c)  "professional  engineer"  means  a  person  who  is 
a  member  or  licensee  of  the  Association  of 
Professional  Engineers  of  the  Province  of 
Ontario.     O.  Reg.  1032/80,  s.  1. 

2. —  (1)  The  Standard  issued  by  the  Canadian  Stan- 
dards Association  entitled  CSA  Standard  Z 183- 1977 
Oil  Pipeline  Transportation  Systems  as  it  existed  on 
the  31st  day  of  December,  1980  and  the  standards, 
specifications,  codes  and  publications  set  out  therein  as 
reference  publications  insofar  as  they  apply  to  the  said 
Standard  are  adopted  as  part  of  this  Regulation  with 
the  following  changes: 

1.  The  definitions  of  "High  Vapour  Pressure 
(HVP)  Pipeline"  and  "Low  Vapour  Pressure 
(LVP)  Pipeline"  in  clause  2.1  are  revoked  and 
the  following  substituted  therefor: 

"High  Vapour  Pressure  (HVP) 
Pipeline"  means  a  pipeline  transport- 
ing hydrocarbons  or  hydrocarbon 
mixtures  in  a  liquid  or  quasi-liquid 
state  that  cannot  be  stored  in  tanks 
designed  for  atmospheric  service,  but 
excluding  liquefied  natural  gas 
(methane),  or  other  hydrocarbons 
which  require  cr\'ogenic  techniques  to 
maintain  a  liquid  state; 

"Low  Vapour  Pressure  (LVP) 
Pipeline"  means  a  pipeline  transport- 
ing hydrocarbons  or  hydrocarbon 
mixtures  in  a  liquid  state  that  can  be 
stored  in  tanks  designed  for  atmos- 
pheric pressure; 

2.  Clause  3.1.2.4.3.1  is  revoked  and  the  follow- 
ing substituted  therefor: 

3.1.2.4.3.1     General. 


Valves  shall  be  installed  on  both  sides  of 
major  water  crossings  and  at  other  locations 
in  a  pipeline  appropriate  for  the  terrain  in 
order  to  limit  damage  from  accidental  dis- 
charge. The  maximum  distance  between  VEil- 
ves  shall  not  exceed  18.6  miles  (30  km). 

3 .  Clause  3.1.2.4.3.2  is  revoked  and  the  follow- 
ing substituted  therefor: 

3.1.2.4.3.2     HVP  Pipelines. 

Valves  shall  be  installed  outside  cities,  towns, 
and  villages,  and  at  the  transition  from  Zone  1 
to  Zone  2.  In  Zone  2  the  maximum  spacing 
between  valves  shall  not  exceed  7.5  miles  (12 
km).  Where  the  operating  company  is  of  the 
opinion  that  installation  of  additional  valves 
in  other  locations  is  necessary,  such  valves 
shall  be  in.stalled. 

4.  Clause  3.2.2.1  is  revoked  and  the  following 
substituted  therefor: 

3.2.2.1     Design  Formula. 

The  design  pressure  for  steel  pipeline  trans- 
portation systems  or  the  nominal  wall  thick- 
ness for  a  given  design  pressure  shall  be 
determined  by  the  following  formula. 


P  =  J^  X  F  X  E  or 


Metric     P  =  -^  x  10='  x  F  x  E 


where 

P  =  design  pressure  in  p.s.i.  (kPa). 

S  =  specified  minimum  yield  strength  p.s.i. 

(MPa)  stipulated  in  the  specifications 

under  which  the  pipe  was  purchased 

from  the  manufacturer, 
t  =  nominal  wall  thickness  in  inches  (mm). 
D  =  outside  diameter  of  pipe  in  inches  (mm). 
E  =  longitudinal  joint  factor  obtained  from 

Table  I. 
F  =  design  factor  as  specified  below. 

Design  Factor  for  Steel  Pipe 


Zone  Location 

Design.  Factor  (F) 

1.  LVP&  HVP 

2.  LVP 
2.  HVP 

0.72 
0.72 
0.50 

306 


ENERGY 


Reg.  291 


5 .  Clause  3.2.2.1.1  and  Table  2  are  revoked  and 
the  following  substituted  therefor: 

3.2.2.1.1  No  pipe  with  a  ratio  of  wall  thick- 
ness to  outside  diameter  of  more  than  1  to  100 
shall  be  used  in  the  con.struction  of  a  pipeline 
without  the  approval  of  the  Director. 

6.  Clause  3.2.2.1.2  is  revoked  and  the  following 
substituted  therefor: 

3.2.2.1.2  A  design  factor  0. 50  or  less  shall  be 
used  in  the  design  formula  in  clause  3 . 2 . 2 . 1  for 
steel  pipe  used  for  transporting  H  VP  liquids  in 
Zone  1  that, 

(a)  is  supported  by  a  vehicular,  pedes- 
trian, 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  assembly,  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  has  a  parallel  alignment  on 
the  right-of-way  with  a  hard  surfaced 
road,  a  highway  or  a  street,  without 
extra  protection  or  sufficient  depth  of 
cover  acceptable  to  the  Director. 

7.  Clause  3.7.1.3  is  revoked  and  the  following 
substituted  therefor: 

3.7.1.3.     Piping  and  Components. 

All  HVP  piping  and  components  including  the 
piping  connecting  the  facilities  to  the  valving 
employed  in  isolating  the  facilities  from  the 
transmission  line  shall  be  designed  using  a 
design  factor  F  of  0.50  or  less. 

8.  Clause  4  is  amended  by  adding  thereto  the 
following: 

4.1.2.1  For  steel  pipe  larger  than  3  %"  (60. 3 
mm)  outside  diameter,  fracture  toughness 
requirements  shall  be  specified  by  the 
designer  where  necessary  and  these  require- 
ments shall  be  based  on  factors  including 
operating  stress,  minimum  operating  temper- 
ature, and  are  mandatory  for  HVP  pipelines. 

9.  Clauses  5.9.1.2.1  and  5.9.1.2.2  are  revoked 
and  the  following  substituted  therefor: 

5.9.1.2.1  All  tie-in  welds,  all  welds  within 
the  limits  of  crossings,  all  welds  in  HVP 
pipelines,  and  a  minimum  of  15%  of  all  field 
welds  in  LVP  pipelines  shall  be  radiographi- 


cally  inspected  and  such  welds  shall  be 
radiographed  for  100%  of  the  circumference. 

10.  Clause  7. 1.3  is  revoked  and  the  following  sub- 
stituted therefor: 

7.1.3     Maximum  Test  Pressure. 

The  maximum  test  pressure  shall  be  the  lesser 
of, 

(a)  that  pressure  which  produces  a  devia- 
tion from  a  straight  line  proportional- 
ity of  0.2  per  cent  (offset  method)  on  a 
pressure  volume  plot,  of  the  volume  of 
the  section  being  tested  (see  Note  1 );  or 

(b)  a  calculated  pressure  corresponding  to 
108  per  cent  of  specified  minimum 
yield  strength  of  the  pipe. 

Notes: 

1.  0.2  per  cent  (offset  method)  on  a  pres- 
sure volume  plot  corresponds  to  a  0. 1 
per  cent  strain  on  a  stress  strain  plot. 

2.  Test  pressure  resulting  in  a  stress  level 
as  stated  or  approaching  actual  yield- 
ing of  the  pipe  should  not  be  performed 
without  taking  additional  precautions 
regarding  line  pipe  yield  strength  and 
critical  dimensions  measured  on  rep- 
resentative samples. 

3.  Without  taking  additional  precautions 
maximum  test  pressure  should  not 
exceed  those  which  will  produce  a 
hoop  stress  greater  than  100  per  cent  of 
the  specified  minimum  yield  strength 
of  the  pipe. 

11.  Clause  7.1.4.2  is  revoked  and  the  following 
substituted  therefor: 

7.1.4.2     Zone  2  HVP  Lines. 

For  Zone  2  HVP  lines,  the  minimum  test  pres- 
sure shall  be  140%  of  the  intended  maximum 
operating  pressure. 

12.  Clause  7.4.1.2  is  revoked  and  the  following 
substituted  therefor: 

7.4. 1.2  Whenever  the  intended  test  pressure 
will  result  in  a  hoop  stress  greater  than  80  per 
cent  of  specified  minimum  yield  strength  of 
the  pipe, 

(a)  the  test  pressure  shall  be  increased  at  a 
constant  rate;  and 

(b)  a  pressure-volume  plot  shall  be  made 
to  record  the  pressures  corresponding 
to  volumes  of  test  medium  injected 


Reg.  291 


ENERGY 


307 


during  the  final  40  per  cent  of  the  pres- 
surization  period. 

13.  Clause  7.5.1.1  is  revoked  and  the  following 
substituted  therefor: 

7.5.1.1  The  maximum  operating  pressure  at 
any  point  shall  not  exceed  the  lesser  of  80%  of 
the  proof  test  or  the  design  pressure  based  on 
the  nominal  wall  thickness  of  the  pipe. 

14.  Clause  7.5.1.2  is  revoked  and  the  following 
substituted  therefor: 

7.5.1.2  Pressure  limiting  devices  shall  be 
installed  on  the  pipeline  to  ensure  that  the 
maximum  operating  pressure  of  any  section 
is, 

(a)  not  exceeded  by  more  than  5%  for  any 
period  of  time;  and 

(b)  not  exceeded  by  5 %  or  less  for  a  period 
not  longer  than  5  minutes. 

15.  Clause  7.5.2.1  is  revoked  and  the  following 
substituted  therefor: 

7.5.2.1  The  maximum  operating  pressure  at 
any  point  shall  not  exceed  the  lesser  of  72%  of 


the  proof  test  or  the  design  pressure  based  on 
the  nominal  wall  thickness  of  the  pipe. 

16.  Clause  7.5.2.2  is  revoked  and  the  following 
substituted  therefor: 

7.5.2.2  Pressure  limiting  devices  shall  be 
installed  on  the  pipeline  to  ensure  that  the 
maximum  operating  pressure  of  any  section 
is, 

(a)  not  exceeded  by  more  than  5%  for  any 
period  of  time,  and 

(b)  not  exceeded  by  5%  or  less  for  a  period 
not  longer. than  5  minutes. 

17.  Clause7.6.4is  revoked  and  the  following  sub- 
stituted therefor: 

7.6.4  Pressure  cycling  shall  be  permitted 
only  prior  to  the  strength  test  and  proof  test, 
providing  the  maximum  hoop  stress  gener- 
ated does  not  exceed  the  lesser  of  80  per  cent  of 
specified  minimum  yield  strength  of  the  pipe 
or  the  stress  at  90  per  cent  of  the  intended 
proof  test  pressure. 

18.  Table  14  is  revoked  and  the  following  substi- 
tuted therefor: 


Table  14 
Test  Requirements  for  Pipelines  to  Operate  at  Pressures  Greater  than  100  p.s.i.  (700  kPa) 


Zone  of 
Pipeline 

Prescribed  Test  Pressures 

Maximum  Operating 
Pressure  (3) 

Strength  Test  (1) 

Duration  Minimum  of  4  Hours 

Proof  Test  (2) 

Duration  Normally  24  Hours 

Minimum 

Maximum 

Minimum 

Maximum 

LVP& 
HVP 
Zone  1 

not  less  than 
proof  test 

Lesser  of  0.2% 
deviation  from 
pressure  volume  plot 
or  108%  SMYS  based 
on  nominal  wall 
strength 

1.25  X 
m.o.p. 

Lesser  of  0.2% 
deviation  from 
pressure  volume  plot 
or  108%  SMYS  based 
on  nominal  wall 
strength 

Lesser  of: 

80%  of  proof  test 

pressure  or  d.p. 

HVP 
Zone  2 

not  less  than 
proof  test 

Lesser  of  0.2% 
deviation  from 
pressure  volume  plot 
or  108%  SMYS  based 
on  nominal  wall 
strength 

1.40  X 
m.o.p. 

Lesser  of  0.2% 
deviation  from 
pressure  volume  plot 
or  108%  SMYS  based 
on  nominal  wall 
strength 

Lesser  of: 

72%  of  proof  test 

pressure  or  d.p. 

(1)  Strength  Test — A  pressure  test  for  purposes  of  confirming  the  structural  integrity  of  a  pipeline. 

(2)  Proof  Test — A  pressure  test  for  purposes  of  establishing  a  maximum  operating  pressure  and  insuring  that 
the  pipeline  is  free  from  leaks. 

(3)  Maximum  Operating  Pressure — Refers  to  maximum  pressure  under  steady-state  operation.  =  m.o.p. 
Note:  d.p.  =  design  pressure. 


308 


ENERGY 


Reg.  291 


19.  Part  7  is  amended  by  adding  thereto  the  fol- 
lowing clause: 

7.7.7     Test  Records. 

The  operating  company  shall  retain  in  its  file, 
for  the  useful  life  of  each  pipeline  a  record  of 
each  test  performed  on  the  pipeline. 

20.  Clause  9.13.3  is  revoked  and  the  following 
substituted  therefor: 

9.13.3  All  valves  and  other  exposed 
facilities  on  a  pipeline  right-of-way  shall  be 
protected  to  minimize  the  possibility  of 
unauthorized  operation  and  transmission  line 
vadves  that  might  be  required  in  an  emergency 
shall  be  inspected  and  partiedly  operated  at 
least  once  a  year. 

21.  Part  9  is  amended  by  adding  thereto  the  fol- 
lowing clauses: 

9.12.7     Hazards  HVP  Lines. 

9.12.7.1  An  operating  company  shall 
inform  the  appropriate  local  authorities 
including  the  police  and  fire  departments 
about  the  hazards  associated  with  the  high 
vapour  pressure  pipeline. 

9.12.7.2  An  operating  company  shall  co- 
operate with  the  appropriate  local  authorities, 
to  formulate  plans  for  evacuating  people  from 
the  vicinity  of  a  pipeline  under  emergency 
conditions. 

22.  Part  9  is  amended  by  adding  thereto  the  fol- 
lowing clauses: 

9. 18.4  Where  a  zone  location  changes  under 
clause  9.18  the  operating  company  shall 
inform  the  Director  in  writing  within  30  days 
of  the  information  becoming  available. 

9.18.5  When  an  operating  company  pro- 
poses to  change  any  of  its  oil  pipeline  trans- 
portation system  facilities  from  LVP  to  HVP 
service,  it  shall  forthwith  forward  in  writing 
to  the  Director  for  his  approval  details  of  its 
proposal  that  shall  include  the  results  of  a 
survey  for  population  density  and  a  list  of  the 
work  necessary  to  upgrade  the  system  for 
HVP  service  and  no  work  shall  be  commenced 
on  such  proposed  change  until  the  Director's 
approval  is  received  by  the  operating  com- 
pany. 

(2)  Where  there  is  a  conflict  between  a  provision  of 
a  standard,  specification,  code  or  publication  adopted 
in  subsection  (1)  and  the  provisions  of  this  Regulation, 
the  provisions  of  this  Regulation  shall  prevail. 

(3)  This  Regulation  does  not  apply  to  gathering  lines 
and  offshore  pipelines.     O.  Reg.  1032/80,  s.  2. 


3.  No  person  shall  design,  construct,  erect,  alter, 
install,  test  or  remove  a  pipeline  system  for  the  trans- 
portation of  oil  except  in  accordance  with  the  Standard 
adopted  under  section  2  and  this  Regulation.  O.  Reg. 
1032/80,  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.  1032/80,  s.  4. 

5. — (1)  Every  operating  company  shall  formulate  in 
writing,  and  file  with  the  Director,  a  manual  setting  out 
its  standard  practices  and  procedures  which  shall  com- 
ply with  this  Regulation. 

(2,  Every  operating  company  shall  review  the  man- 
ual 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 
procedures  and  inform  the  Director  in  writing  of  any 
revisions. 

(3)  The  standard  practices  and  procedures  required 
under  subsection  (1)  and  the  revisions  required  under 
subsection  (2)  shall  be  certified  by  a  professional 
engineer  as  conforming  to  this  Regulation.  O.  Reg. 
1032/80,  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  pro- 
poses to  install  during  the  fiscal  year  including,  where 
known,  the  nominal  size,  length,  operating  pressure 
and  location  of  each  pipeline.     O.  Reg.  1032/80,  s.  6. 

7.  When  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.  1032/80,  s.  7. 

8.  The  operating  company  shall  report  immediately 
by  phone  to  an  inspector  where  there  is  a  major  leak  or 
break  in  its  pipeline  system.     O.  Reg.  1032/80,  s.  8. 

9.  Where  a  pipeline  to  be  used  by  an  operating  com- 
pany is  designed,  installed,  tested  or  replaced,  a  profes- 
sional 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.  1032/80, 
s.  9. 

10. — (1)  An  application  to  transmit  oil  by  a  pipeline 
system  or  a  renewal  thereof  shall  be  made  to  the  Direc- 
tor. 

(2)  The  fee  payable  on  an  application  for  d  licence  to 
transmit  oil  by  pipeline  or  a  renewal  thereof  is  $500. 

(3)  An  operating  company  whose  transmission 
pipeline  system  is  less  than  25  miles  (40  km)  in  length  is 
exempt  from  the  requirements  of  section  12  of  the  Act 
and  this  section.     O.  Reg.  1032/80,  s.  10. 

1 1.  Section  1 7  of  the  Act  does  not  apply  to  a  person 
who  is  a  professional  engineer.     O.  Reg.  1032/80,  s.  1 1 . 


Reg.  292 


ENERGY 


309 


REGULATION  292 

under  the  Energy  Act 


PROPANE  STORAGE,  HANDLING  AND 
UTILIZATION  CODE 

1.  In  this  Regulation, 

(a)  "approved"  means, 

(i)  where  applied  to  a  standard,  that 
the  standard  is  listed  in  "Titles  of 
Appliances,  Equipment  and  Acces- 
sory Standards  Authorized  for  Use 
in  the  Province  of  Ontario  Under 
the  Energy  Act", 

(ii)  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  stand- 
ard acceptable  to  the  Director  or 


conforming  with  a  laboratory  test 
report  accepted  by  the  Director,  or 

(iii)  where  applied  to  an  installation 
that  it  conforms  with  this  Regula- 
tion; 

(b)  "professional  engineer"  means  a  person  who 
is  a  member  or  licensee  of  the  Association 
of  Professional  Engineers  of  the  Province 
of  Ontario.    O.  Reg.  440/77,  s.  1. 

2. — (1)  The  Code  issued  by  the  Canadian  Gas 
Association  entitled  "Installation  Code  for  Propane 
Burning  Appliances  and  Equipment",  CGA 
B149. 2-1976,  as  it  existed  on  the  1st  day  of  September, 
1977,  and  the  Standards,  Specifications  and  Codes  set 
out  therein  as  reference  publications  insofar  as  they 
apply  to  the  said  Code  are  adopted  as  part  of  this 
Regulation,  with  the  following  amendments: 


1 .  Part  3  is  amended  by  adding  thereto  the  following  clause : 

3.4.2  Appliances  shall  not  be  installed  in  an  area  of  a  dry-cleaning  or  other  establishment  that  has 
an  atmosphere  where  vapours  corrosive  to  the  appliances  may  be  present. 

2.  Clause  3.9.1  is  revoked  and  the  following  substituted  therefor: 

3.9.1  yieter  I  regulator  installations  shall  be  in  accordance  with  CSA  Standard  Z184 — Gas  Pipeline 
Systems. 

3.  Clause  5.17.5  is  revoked  and  the  following  substituted  therefor: 

5.17.5  Room  heaters  installed  in  rooms  used  primarily  for  sleeping  shall  be  of  the  sealed  combustion 
unit  type. 

4.  Part  5  is  amended  by  adding  thereto  the  following  section : 

5.28  An  infra-red  heater  shall  not  be  installed  in  single  or  multiple  family  dwellings,  hotels,  motels 
or  buildings  used  for  institutional  occupancy. 

5.  Subclause  6.14.4  (a)  is  revoked  and  the  following  substituted  therefor: 
(a) :  a  certified  tee  or  90°  elbow  of  Type  B  Vent  material ; 

6.  Clause  6.19.2  is  revoked  and  the  following  substituted  therefor: 

6.19.2  Except  in  one  and  two  family  dwellings,  mechanical /««  exhausters  may  be  used  in  vents  or 
chimneys  in  lieu  of  natural  draft.  When  such  exhausters  are  used  with  appliances  requiring  venting, 
provision  shall  be  made  to  prevent  the  flow  of  propane  to  main  burners  if  the  mechanical  flue  exhauster 
is  not  operating.  Such  exhausters  shall  not  be  used  in  incinerators  except  with  the  permission  of  the 
enforcing  authority. 


7.  Section  7.1  is  revoked. 


310 


E>*ERGY 


Reg.  292 


8.  Clause  9.2.2  is  revoked  and  the  following  substituted  therefor: 

9.2.2  Except  where  the  total  input  to  the  appliance  is  less  than  2,000,000  BTUH,  provision  shall 
be  made  for  the  shutting  off  of  the  propane  supply  to  the  appliance  by  locating  a  shut-off  valve  outside  the 
room  occupied  by  the  appliance.    This  valve  shall  be  readily  accessible  in  the  event  of  emergency. 

9.  Part  10  is  amended  by  adding  thereto  the  following  clause: 

10.10.9  Welding  shall  be  performed  by  persons  certified  under  the  Boilers  and  Pressure  Vessels  Act  and 
Regulations  and  using  methods  set  forth  in  Regulation  289  of  Revised  Regulations  of  Ontario,  1980. 

10.  Subclause  10.13.2  (b)  is  revoked  and  the  following  substituted  therefor: 

(b):  its  diameter  is  not  less  than  the  diameter  of  the  piping  it  serves  or  two  inches  diameter, 
whichever  is  the  lesser. 

11.  Clause  10.15.2  is  revoked  and  the  following  substituted  therefor: 

10.15.2  Underground  piping  shall  be  welded  or  threaded  and  where  threaded  the  fittings  shall  be 
heavy  duty  and  the  pipe  shall  be  at  least  schedule  80  and  underground  tubing  shall  be  connected  by 
brazing  or  with  the  use  of  flare  connectors. 

12.  Clause  12.5.5  is  amended  by  adding  thereto  the  following  subclause: 

12.5.5.3  Except  for  a  cylinder  that  is  installed  in  accordance  with  section  12.7,  a  cylinder  shall 
not  be  filled  at  a  construction  site. 


(2)  Where  there  is  a  conflict  between  a  provision 
of  a  standard,  specification,  code  or  publication 
adopted  by  subsection  (1)  and  the  provisions  of  this 
Regulation,  the  provisions  of  this  Regulation  shall 
prevail. 

(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.  O.  Reg.  440/ 
77,  s.  2. 


3. — (1)  Prior  to  the  construction  of,  alteration  to 
or  addition  to  a  filling  plant  or  a  cylinder  handling 
facility,  plans  shall  be  submitted  in  triplicate  to  the 
Director,  showing, 

(a)  the  location  of  each  storage  tank,  cylinder 
storage  facility  or  other  propane  handling 
facilities  within  the  filling  plant  or  cylinder 
handling  facihty,  as  the  case  may  be; 

(6)  the  distance  from  a  storage  tank  or 
cylinder  storage  facility  to, 

(i)  the  property  lines  of  the  plant  or 
facility, 

(ii)  each  building  located  within  the 
prop)erty  lines  of  the  plant  or  facility, 

(iii)  each  building  located  on  adjacent 
property  that  is  within  400  feet 
of  the  property  lines  of  the  plant  or 
facility,  as  the  case  may  be ; 


(c)  the  location  of  any  other  flammable  or 
combustible  product  storage  facility;  and 

{d)  the  size  of  each  storage  tank  in  the  filling 
plant  in  USWG  capacity. 

(2)  No  person  shall  construct,  alter  or  add  to  the 
storage  or  handling  facilities  of  a  filling  plant  or 
cylinder  handling  facility  until  the  plans  submitted 
under  subsection  (1)  have  been  accepted  by  the 
Director.     O.  Reg.  440  /77,  l.  3. 

4. — (1)  No  person  shall  use  or  knowingly  supply 
propane  to  an  appliance,  container  or  equipment 
where, 

(a)  the  installation  of  the  appliance,  con- 
tainer or  equipment  does  not  comply  with 
this  Regulation ; 

(6)  the  appliance  has  been  tagged  as  unsafe ; 

(c)  the  appliance  is  used  for  a  purpose  other 
than  that  for  which  it  is  designed ; 

{d)  any  device  or  attachment  attached  to 
the  appliance  or  alteration  or  deterioration 
of  the  appliance  might  in  any  way  impair 
the  combustion  within  or  impair  the  safe 
venting  of  the  appliance ; 

[e)  there  is  non-compliance  with  this  Regu- 
lation with  respect  to  the  venting  of  the 
appliance  or  the  supply  of  air  for  com- 
bustion ; 


Reg.  292 


ENERGY 


311 


(/)  the  op)eration  of  an  appliance  raises  the 
surface  temperature  of  adjacent  combus- 
tible material  in  excess  of  194°  Fahrenheit ; 


ig)  the  condition  of  the  piping,  tubing  or 
hose  does  not  comply  with  this  Regu- 
lation. 

(2)  The  person  responsible  for  the  operation  of  an 
appliance  or  work  shall, 

(a)  ensure  that  the  appliance  or  work  is 
maintained  in  safe  operating  condition; 
and 

(b)  not  knowingly  continue  to  use  an  appli- 
ance or  work  where  the  appliance  or  work 
is  damaged  or  defective  until  the  appH- 
ance  or  work  is  repaired  or  replaced. 
O.Reg.  440/77,  s.  4. 

5. — (1)  The  Canadian  Gas  Association,  the 
Canadian  Standards  Association  and  the  Under- 
writers' Laboratories  of  Canada  are  designated  as 
organizations, 

(a)  to  test  equipment,  components  and  acces- 
sories ;  and 

(6)  to  test  appliances,  including  those  designed 
to  bum  both  propane  and  fuel  oil  either  to- 
gether or  separately, 

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 
is  designated  as  an  organization  to  test  equip- 
ment, 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  equip- 
ment for  which  there  is  no  approved  standard  may 
be  tested  by  a  testing  organization  designated 
under  subsection  (1),  and  the  organization  shall  make  a 
report  thereon  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. 

(4)  Where  an  organization  designated  in  subsection 
(1)  is  testing  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 
it  complies  with  the  applicable  approved  standards. 
O.  Reg.  440/77,  s.  5. 


6. — (1)  A  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  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  in 
subsection  5  (1)  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  appliance. 

(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  and 
manufactured  by  two  or  more  persons  have  been 
tested  and  labelled  by  an  organization  designated 
under  subsection  5  (1). 

(5)  The. fee  payable  by  an  applicant  for  inspecting 
the  fuel  features  of  an  appliance  by  an  inspector  under 
subsection  (2)  and  for  observing  a  test  under  subsection 
(3)  shall  be  $30  for  every  hour  or  fraction  thereof  of  the 
time  spent  by  the  inspector  and  may  include  travel 
time  and  reasonable  travel  and  living  expenses. 

(6)  The  Director  may  authorize  an  organization 
designated  under  subsection  5  (1), 

(a)  to  inspect  an  appliance  to  determine  that 
the  fuel  features  conform  to  approved 
standards ;  and 

(ft)  to  require  the  applicant  for  a  label  under 
subsection  (1)  to  conduct  such  tests  as  are 
considered  necessary  by  the  testing  organi- 
zation to  determine  that  the  appliance 
conforms  to  approved  standards,  and, 

the  testing  organization  shall,  where  the  inspection 
or  testing  of  the  appliance  indicates  the  fuel  features 
conform  to  approved  standards,  place  its  label 
thereon.     O.  Reg.  440  /77,  s.  6. 

7.  Where  application  is  made  under  subsection  6  (1) 
in  respect  of  the  fuel  features  of  an  appliance  where 
there  is  no  approved  standard  for  the  appliance  or 


312 


ENfeRGY 


Reg.  292 


where  an  approved  standard  is  only  partially  applic- 
able, an  inspector  may  determine  whether  the  fuel 
features  of  the  appliance  conform  to  the  applicable 
requirements  of  any  approved  standard  and  to  this 
Regulation.     O.  Reg.  440/77,  s.  7. 

8. — (1)  An  appliance  having  an  input  in  excess  of 
50,000,000  BTUH  that  conforms  to  the  applicable 
requirements  of  the  Code  adopted  in  section  2  is 
exempt  from  section  10  of  the  Act. 

(2)  The  owner  of  an  appliance  referred  to  in  subsec- 
tion (1)  shall  submit  to  the  propane  distributor,  prior  to 
activation  of  the  appliance, 

(a)  certification  by  a  professional  engineer 
that  the  appliance  and  its  installation  con- 
form to  the  requirements  of  the  Code  adopt- 
ed in  section  2  and  to  this  Regulation ;  and 

(b)  the  name,  address  and  telephone  number  of 
the  person  who  will  activate  the  appliance. 

(3)  A  manually  operated  appliance,  other  than  a 
commercial  type  appliance  or  a  residential  type 
appliance  with  an  input  not  exceeding  20,000 
BTUH,  a  Bunsen  burner  or  a  propane  hand  torch 
that  is  directly  connected  to  a  cylinder  having  a 
propane  capacity  not  greater  than  five  pounds  by 
weight  is  exempt  from  section  10  of  the  Act. 

(4)  An  appliance  that  is  being  used  for  the 
function  for  which  it  was  designed  and  that  has 
previously  been  used  in  another  location  is  exempt 
from  section  10  of  the  Act.     O.  Reg.  440  /77,  s.  8. 


9.  The  owner  of  a  tank  truck,  cargo-liner,  filling 
plant  and  cylinder  handling  facility  for  which  a 
licence  is  issued  pursuant  to  this  Regulation  shall 
inspect  the  vehicle,  plant  or  facility,  as  the  case 
may  be,  at  least  once  each  year,  and, 

(a)  prepare  a  report  on  each  inspection  on  a 
form  acceptable  to  the  Director  that  shall 
be  signed  by  the  owner  or  his  authorized 
representative;  and 

(ft)  forward  two  copies  of  the  completed 
inspection  report  to  the  area  inspector 
and  retain  one  copy  at  the  vehicle,  plant 
or  facility  inspected,  as  the  case  may  be. 
O.  Reg.  440/77.  s.  9. 

10. — (1)  An  application  for  registration  as  a  con- 
tractor under  section  13  of  the  Act,  or  a  renewal  there- 
of, shall  be  made  to  the  Director. 

(2)  The  fee  on  making  an  application  for  regis- 
tration as  a  contractor,  or  a  renewal  thereof,  is 
$50  for  one  year. 


(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  his  registration  is  renewed. 

(4)  A  contractor  shall  display  evidence  of  his 
registration  in  a  conspicuous  place  in  his  business 
premises  and  shall  notify  the  Director  forthwith 
of  any  change  of  his  business  address. 

(5)  Every  registration,  or  renewal  thereof,  expires 
on  the  date  indicated  thereon. 

(6)  Registrations  and  renewals  thereof  are  not 
transferable.    O.  Reg.  440/77,  s.  10. 

11. — (1)  An  application  for  a  certificate  as  a 
propane  fitter,  a  certificate  for  the  purpose  of 
transporting  or  distributing  propane  by  tank  truck, 
cargo-liner  or  cylinder  delivery  vehicle,  or  a  certi- 
ficate as  a  plant  operator  under  subsection  14  (1)  of  the 
Act,  or  a  renewal  thereof,  shall  be  made  to  the  Direc- 
tor. 

(2)  The  fee  on  an  initial  application  for  a  certificate 
under  subsection  (1),  or  a  renewal  thereof,  is  $20  and 
where  a  certificate  is  issued  the  application  fee  shall  be 
applied  to  the  issue  of  the  certificate. 

(3)  An  applicant  for  a  certificate  under  subsection 
14  (1)  of  the  Act,  or  a  renewal  thereof,  shall  satisfy  the 
Director  as  to  his  knowledge  and  competence  with 
respect  to  the  subject-matter  of  the  type  of  certificate 
applied  for. 

(4)  Where  an  applicant  for  a  certificate  is  not 
successful  in  passing  an  examination  required  by  the 
Director  under  subsection  (3),  the  applicant  may  not 
make  another  application  for  a  certificate  until  a 
period  of  not  less  than  ninety  days  has  elapsed 
from  the  date  of  the  examination  and  the  fee  on  a 
subsequent  application  is  $20. 

(5)  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  expiring 
on  the  birthday  of  the  holder. 

(6)  A  certificate  as  a  propane  fitter,  or  a  renewal 
thereof,  shall  be  designated  as  SI,  S2,  S3,  S4,  S5, 
S5K,  S6,  S7  or  S8. 

(7)  A  certificate  for  the  purpose  of  transporting 
or  distributing  propane  by  tank  truck,  cargo-liner 
or  cylinder  delivery  vehicle  shall  be  designated  as 
Tl  or  T2. 

(8)  A  certificate  as  a  plant  operator  shall  be 
designated  as  PI,  P2,  P3  or  P4. 

(9)  The  holder  of  a  certificate,  or  a  renewal 
thereof,  shall  notify  the  Director  forthwith  of  any 
change  of  his  address.    O.  Reg.  440/77.  s.  11. 


Reg.  292 


ENERGY 


313 


12. — (1)  Where  a  person  holds  more  than  one  valid 
certificate  under  section  14  of  the  Act,  he  shall  make 
one  application  for  renewal  of  all  such  certificates. 

(2)  Notwithstanding  subsection  11  (2),  the  fee  for 
the  renewal  of  all  certificates  issued  under  subsection 
14  (1)  of  the  Act  is  $20.     O.  Reg.  440/77,  s.  12. 

13.  Section  14  of  the  Act  does  not  apply  to, 

(a)  a  person  who  installs  an  appliance  or  works 
on  an  installed  appliance  in  his  own  single- 
family  detached  dwelling;  or 

(b)  a  person  who  transfers  propane  from  one 
container  to  another  for  his  own  use  and 
includes  the  employees  of  such  person. 
O.  Reg.  440/77,  s.  13. 

14.  The  holder  of  an, 

(a)  SI  certificate  may  install,  alter,  purge, 
activate,  repair,  service  or  remove  an 
appliance  of  any  BTUH  input,  containers, 
equipment,  piping,  tubing  or  hose  and  may 
perform  the  functions  of  the  holder  of  a 
Tl,  T2  or  PI  certificate; 

(6)  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  supply  piping,  tubing 
or  hose  to  an  appliance  having  any  input 
and  may  perform  the  functions  of  the 
holder  of  a  Tl,  T2  or  P2  certificate; 

(c)  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  a 
Tl,  T2  or  P3  certificate; 

(d)  S4  certificate  may  install,  alter,  purge, 
activate,  repair,  service  or  remove  an 
appliance  to  be  used  in  mobile  housing  or 
recreational  vehicles  and  the  containers, 
equipment,  piping,  tubing  or  hose  therefor; 

(«)  S5  certificate  may  install,  alter,  purge, 
activate,  repair,  service  or  remove  propane 
or  natural  gas  construction  heating  appli- 
ances and  may  deliver,  install,  service  or 
remove  containers,  equipment,  piping, 
tubing  or  hose  therefor; 

(/)  S5K  certificate  may  install,  alter,  purge, 
activate,  repair,  service  or  remove  con- 
struction heating  appliances  having  a 
BTUH  input  not  in  excess  of  400,000  and 


may  deliver,  install  or  remove  cylinders, 
equipment,  piping,  tubing  or  hose  therefor; 

(g)  S6  certificate  may  install,  alter,  purge, 
activate,  repair,  service  or  remove  car- 
buretion  equipment  for  internal  combus- 
tion engines  and  may  install,  service  or 
remove  containers,  equipment,  piping, 
tubing  or  hose  therefor ; 

(A)  S7  certificate  may  install,  alter,  purge, 
activate,  repair,  service  or  remove  crop 
drying  appliances  and  may  connect  or 
remove  the  containers,  equipment,  piping, 
tubing  or  hose  therefor ; 

(t)  S8  certificate  may  install,  alter,  purge, 
activate,  repair,  service  or  remove  re- 
frigerators and  may  connect  or  remove 
the  containers,  equipment,  piping,  tubing 
or  hose  therefor.     O.  Reg.  440/77,  s.  14. 

15.  The  holder  of  a, 

(a)  Tank  Truck  Operator  Tl  certificate  may 
transfer  propane  to  or  from  a  tank  truck, 
cargo-liner,  or  filling  plant  and  may  fill 
containers  of  consumers; 

(6)  Cylinder  Vehicle  Operator  T2  certificate 
may  deliver  containers,  connect  and  dis- 
connect cylinders  and  load  and  secure 
containers  on  a  cylinder  delivery  vehicle. 
O.  Reg.  440/77,  s.  15. 

16.  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)  Plant  Operator  P2  certificate  may  load 
or  unload  tank  trucks  into  or  from  a  filling 
plant,  fill  containers  and  maintain  and 
operate  the  transfer  equipment  in  a  filling 
plant ; 

(c)  Plant  Operator  P3  certificate  may  fill 
containers  and  maintain  and  operate  the 
transfer  equipment  in  a  filling  plant; 

{d)  Plant  Operator  P4  certificate  may  examine 
cylinders  employing  the  procedures  de- 
scribed 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.  440/77,  s.  16. 

17. — (1)  An  application  for  a  cylinder  handling 
licence  as  required  by  section  12  of  the  Act,  or  a 
renewal  thereof,  shall  be  made  to  the  Director  for 
each  location  of  the  applicant, 


314 


ENERGY 


Reg.  292 


(a)  where  the  applicant, 

(i)  does  not  have  a  Ailing  plant,  or 

(ii)  only  transfers  propane  from  a  con- 
tainer having  a  water  capacity  not 
greater  than  1 ,000  pounds  to  a  con- 
sumer's cylinder;  and 

(b)  where   the   applicant   supplies   consumers 
with  propane  in  cylinders. 

(2)  The  fee  on  making  an  application  for  a 
cylinder  handling  licence,  or  a  renewal  thereof,  is 
$15. 

(3)  A  cylinder  handUng  licence,  or  a  renewal 
thereof,  shall  be  issued  to  an  applicant  where  the 
location  from  which  he  supplies  consumers  with 
propane  in  cylinders  complies  with  this  Regulation. 

(4)  A  cylinder  handling  licence,  or  a  renewal 
thereof,  expires  on  the  date  shown  thereon. 

(5)  A  cylinder  handling  licence,  or  a  renewal 
thereof,  is  not  transferable. 

(6)  A  cylinder  handling  licence,  or  renewal  thereof, 
shall  be  prominently  displayed  at  the  location  for 
which  it  is  issued.    O.  Reg.  440/77,  s.  17. 

18. — (1)  An  application  for  a  transfer  Hcence  as 
required  by  section  12  of  the  Act,  or  a  renewal 
thereof,  shall  be  made  to  the  Director  for  each 
transfer  facility  of  the  applicant. 

(2)  Section  12  of  the  Act  does  not  apply  to  a 
person  who  transfers  propane  from  one  container 
to  another  for  his  own  use. 

(3)  The  fee  on  making  an  application  for  a  transfer 
licence,  or  renewal  thereof,  issued  for  a  period  of 
one  year  is  one  cent  per  U.S.  gallon  of  the  total 
water  capacity  of  the  propane  storage  tanks  at 
each  filling  plant  location  where  propane  is  trans- 
ferred but  in  no  case  shall  the  fee  for  each  location 
be  less  than  $15  per  year. 

(4)  A  person  who  transfers  propane  from  a 
container  having  a  water  capacity  not  greater  than 


1,000  pounds  to  a  cylinder  of  a  consumer  is  not 
required  to  be  the  holder  of  a  transfer  licence. 

(5)  A  transfer  licence,  or  renewal  thereof,  expires 
on  the  date  shown  thereon. 

(6)  A  transfer  licence,  or  renewal  thereof,  is  not 
transferable. 

(7)  A  transfer  licence,  or  renewal  thereof,  shall 
be  prominently  displayed  at  the  location  for  which 
it  is  issued.    O.  Reg.  440/77,  s.  18. 

19. — (1)  An  apphcation  for  a  hcence  to  transport 
propane  as  required  by  section  12  of  the  Act,  or  a 
renewal  thereof,  shall  be  made  to  the  Director  for 
each  tank  truck  or  cargo-liner  of  the  applicant. 

(2)  Subsection  (1)  does  not  apply  to  a  person  who 
transports  propane  by  a  two-wheel  or  four-wheel  tank 
trailer  having  a  capacity  of  2,000  U.S.  water  gallons  or 
less. 

(3)  The  fee  on  making  an  application  for  a  licence, 
or  a  renewal  thereof,  for  each  tank  truck  or  each 
cargo-liner  is  $7.50  per  year. 

(4)  A  licence  to  transport  propane  by  tank  truck 
or  cargo-liner,  or  a  renewal  thereof,  shall  be  issued 
to  an  applicant  where  the  tank  truck  or  cargo-liner 
complies  with  this  Regulation. 

(5)  A  licence  to  transport  propane,  or  a  renewal 
thereof,  expires  on  the  date  shown  thereon. 

(6)  A  licence  to  transport  propane,  or  a  renewal 
thereof,  is  not  transferable. 

(7)  A  licence  to  transport  propane,  or  a  renewal 
thereof,  shall  be  carried  in  or  on  the  vehicle  for 
which  it  is  issued.    O.  Reg.  440/77,  s.  19. 

20. — (1)  Where  a  person's  licence,  certificate  or 
evidence  of  registration  is  lost  or  destroyed  he  shall, 
on  payment  of  a  $5  fee,  be  issued  a  duplicate 
licence,  certificate  or  evidence  of  registration. 

(2)  Where  the  holder  of  a  licence,  certificate  or 
registration  changes  his  name,  he  shall,  on  payment 
of  a  $5  fee,  be  issued  with  a  licence,  certificate 
or  evidence  of  registration  in  his  new  name.  O.  Reg. 
440/77,  s.  20. 


Reg.  293 


ENVIRONMENTAL  ASSESSMENT 


315 


REGULATION  293 


under  the  Environmental  Assessment  Act 


GENERAL 

1.  In  this  Regulation, 

(fl)  "development  corporation"  means  a  cor- 
poration under  the  Development  Corpora- 
tions Act; 

(b)  "operating"  includes  maintaining  and  re- 
pairing and  any  activities  for  operating, 
maintaining  and  repairing,  and  "of)eration" 
has  a  corresponding  meaning; 

(c)  "$1,000,000"  means  the  greater  of  $1,000,000 
and  $1,000,000  divided  by  the  Non-residen- 
tial Construction  Input  Index  issued  by 
Statistics  Canada  for  the  month  of  December, 
1977,  multiplied  by  the  Non-residential  Con- 
struction Input  Index  issued  by  Statistics 
Canada  for  the  month  in  which  the  first  con- 
tract for  the  construction  of  the  undertaking  is 
entered  into,  or,  where  no  such  contract  is 
entered  into,  the  month  in  which  the  com- 
mencement date  for  the  undertaking  falls  and 
any  other  amount  in  dollars  has  a  corres- 
ponding meaning.  O.  Reg.  836/76,  s.  1;  O. 
Reg.  468/80,  s.  1. 

2. — (1)  AU  environmental  assessments  shall  be 
submitted  with  a  summary  in  Form  1. 

(2)  Written  submissions  and  requirements  for 
hearings  made  or  given  under  subsection  7  (2)  of  the 
Act  may  be  made  in  accordance  with  Form  2. 

(3)  Written  submissions  and  requirements  for 
hearings  made  or  given  under  subsection  10  (1)  of 
the  Act  or  subsection  12  (1)  of  the  Act  may  be  made  in 
accordance  with  Form  3. 

(4)  A  requirement  for  a  hearing  given  pursuant 
to  section  13  of  the  Act  may  be  made  in  accord- 
ance with  Form  4.     O.  Reg.  836/76,  s.  2. 

3.  The  following  bodies  are  defined  as  public 
bodies: 

1 .  Algonqtiin  Forestry  Authority. 

2.  Authorities  within  the  theaning  qi  the  Con- 
servation Authorities  Act, 

3.  Colleges,  universities  and  other  bodies, 
except  the  Royal  Ontario  Museum  and 
municipalities,  to  which  the  Ontario  Univer- 
sities Capital  Aid  Corporation  Act  applies. 

4.  Development  corporations. 


5.  Ontario  Energy  Corporation. 

6.  Ontario  Hydro. 

7.  Ontario  Northland  Transportation  Com- 
mission. 

8.  Ontario  Telephone  Development  Corpora- 
tion. 

9.  Ontario  Transportation  Development  Cor- 
poration. 

10.  Toronto  Area  Transit  Operating  Authority. 

11.  Urban  Transportation  Development  Cor- 
poration.    O.  Reg.  836/76,  s.  3. 

4. — (1)  An  undertaking,  whether  constructed  or 
commenced  before  or  after  the  coming  into  force  of  the 
relevant  provisions  of  the  Act,  for  the  construction  or 
commencement  of  which  the  approval  of  the  Minister 
to  proceed  was  not  required  is  exempt  with  respect  to 
its  operation  and  retirement  from  the  provision  of  sub- 
section 5  (1)  of  the  Act  requiring  the  proponent  not  to 
proceed  with  the  undertaking  and  from  the  provisions 
of  subsection  6  (1)  of  the  Act. 

(2)  A  proponent  of  an  undertaking  of  a  type 
referred  to  in  subsection  (1)  is  exempt  from  the 
provisions  of  section  39  of  the  Act  with  respect  to 
the  requirement  of  submitting  an  environmental 
assessment  to  the  Minister  with  resp)ect  to  the 
operation  or  retirement  of  the  undertaking. 
O.  Reg.  836/76,  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  exer- 
cising power  in  respect  of  municipal  affairs. 

(2)  In  this  section, 

(a)  "estimated  cost"  means  the  most  current  esti- 
mate prepared  by  an  engineer,  architect,  offi- 
cial, planner  or  construction  contractor  of  the 
cost  of  an  undertaking  which  estimate  has 
been  submitted  to  the  council  or  other  gov- 
erning body  of  a  municipality  or  a  committee 
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, 

(i)  the  acquisition  of  land, 

(ii)  feasibility  studies  and  design  carried 
out  for  the  undertaking,  or 

(iii)  the  operation  of  the  undertaking, 


316 


ENVIRONMENTAL  ASSESSMENT 


Reg.  293 


and  where  an  undertaking  is  being  con- 
structed in  phases  includes  the  cost  of  all 
phases;  and 

(ft)  "exclusive  right  of  way"  when  used  in  con- 
nection with  a  bus  service  means  a  roadway, 
including  entrances  and  exists,  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  associated  with  such  a  right  of  way, 
nor  a  reserved  bus  lane  on  an  existing  road. 
O.  Reg.  468/80,  s.  2,  part. 

(3)  An  undertaking  by  a  municipality  for  which  an 
environmental  assessment  has  not  been  submitted  is 
exempt  from  the  provisions  of  the  Act  where, 

(a)  subject  to  subsection  (4),  it  has  an  estimated 
cost  of  not  more  than  $2,000,000  provided  it 
is  not  an  undertaking  of  a  type  described  in 
clause  S  (ft),  (c)  or  (d); 

{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  road  shown  on  a  plan  of  subdivision  as 
being  part  of  the  subdivision  being  approved 
under  section  36  of  the  Planning  Act; 

(e)  it  is  a  waste  disposal  site  that, 

(i)  is  a  transfer  station  for  domestic  waste 
that  uses  portable  containers, 

(ii)  is  an  organic  soil  conditioning  site 
certified  under  the  Environmental 
Protection  Act,  or 

(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; 

(/)  it  is  an  undertaking  of  a  type  which,  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 
numbers  OHB-2,  OHC-3  and  OHD-4  in  the 
issue  of  The  Ontario  Gazette  dated  the 
13th  day  of  November,  1976; 

(g)  it  is  an  undertaking  of  a  type  which,  save  that 
the  proponent  is  not  Ontario  Hydro,  is 
described  in  the  Order  of  the  Minister  dated 
the  14th  day  of  October,  1976  and  published 
as  number  OHF-6  in  the  issue  of  The 
Ontario  Gazette  dated  the  13th  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;  or 

{h)  it  is  a  work  provided  for  in  a  subdivision 
agreement  between  a  municipality  and  a  sub- 
divider  other  than  an  undertaking  to  which 
clause  (a)  does  not  apply  by  reason  of  clause 
(4)  (6),  (c),  (d)  or  (e)  or,  except  in  the  case  of 
works  being  provided  for  management  of 
storm  water  from  the  subdivision  and  other 
adjacent  lands  of  the  subdivider,  clause  (4) 
(/).  O.  Reg.  468/80,  s.  2,  part;  O.  Reg. 
885/80,  s.  1  (1). 

(4)  The  exemption  provided  by  clause  (3)  (a)  does 
not  apply  in  respect  of, 

(a)  the  construction  of  a  new  road  or  of  a  realign- 
ment of  an  existing  road  except  where  the  road 
or  realignment  is, 

(i)  to  be  less  than  one  kilometre  in  length, 

(ii)  to  serve  a  municipally  owned  industri- 
al, residential  or  commercial  area,  or 

(iii)  to  provide  internal  circulation  in  a 
municipal  recreation  area  or  park; 

(ft)  a  new  bus  service  on  an  exclusive  right  of  way 
or  a  new  rail  transit  system; 

(f)  a  new  station,  terminal  or  marshalling  yard 
for  a  rail  transit  s>stem; 

(d)  a  waste  disposal  site  that, 

(i)  is    a   transfer   station    for    processed 
organic  waste, 

(ii)  is  a  site  for  the  disposal  of  hauled  liquid 
industrial  waste  or  hazardous  waste  as 
designated  in  regulations  made  under 
Part  V  of  the  Environmental  Protec- 
tion Act,  or 

(iii)  is  a  site  for  the  disposal  of  any  other 
waste  that  the  Director  ascertains 
under  subsection  30  (1)  of  the 
Environmental  Protection  Act  is  the 
equivalent  of  the  domestic  waste  of 
not  less  than  1,500  persons; 


(e)  a  new  water  production  works,  sewage  treat- 
ment works,  or  sewage  lagoon  and  the  stor- 
age, collection,  transmission  or  distribution 
works  associated  therewith;  or 

(/)  an  undertaking  which  is  or  includes  a  work  of 
a  type  listed  in  one  of  the  first  six  groups  of 
items  in  Column  1  of  the  Table  in  subsection 
9  (2)  and  its  construction  has  not  commenced 
by  the  date  set  out  opposite  in  Column  2  of 
the  said  Table.     O.  Reg.  468/80,  s.  2,  part. 


Reg.  293 


ENVIRONMENTAL  ASSESSMENT 


317 


(5)  An  undertaking  by  a  municipality,  for  which  an 
environmental  assessment  has  not  been  submitted  is 
exempt  from  the  provisions  of  the  Act  where, 

(a)  before  the  3rd  day  of  June,  1980, 

(i)  the  undertaking  had  been  authorized 
by  a  resolution  or  by-law  of  the  council 
or  other  governing  body  of  the  munici- 
pality, 

(ii)  land  had  been  acquired  by  or  on  behalf 
of  the  municipality  for  the  purpose  of 
implementing  the  undertaking,  or 

(iii)  the  municipality  or  some  other  exprop- 
riating authority  acting  on  behalf  of 
the  municipality  served  notice  under 
the  Expropriations  Act  of  an  applica- 
tion for  approval  to  expropriate  land 
to  be  used  for  the  purpose  of  imple- 
menting the  undertaking, 

and  at  least  25  per  cent  of  the  estimated  cost  is 
scheduled  to  be  spent  or  construction  con- 
tracts for  at  least  25  per  cent  of  the  estimated 
cost  are  scheduled  to  be  let  within  three  years 
after  the  3rd  day  of  June,  1980; 

ib)  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 
numbers  OHE-5  and  OHG-7  in  the  issue  of 
The  Ontario  Gazette  dated  the  13th  da\  of 
November,  1976,  and  construction  of  the 
undertaking  is  commenced  within  twelve 
months  after  an  approval  under  the  Act  is 
issued  to  Ontario  Hydro  for  an  undertaking  of 
that  type; 

(c)  it  is  an  undertaking  that  consists  of  the  expan- 
sion of  an  existing  water  works  or  sewage 
works  where  the  expansion  is  commenced 
prior  to  the  31st  day  of  January,  1982  and 
where,  in  the  case  of  an  expansion  to  a  water 
treatment  or  sewage  treatment  facility,  the 
expansion  is  located  at  the  site  of  or  adjacent 
to  an  existing  water  treatment  or  sewage 
treatment  facility; 

id)  it  is  an  undertaking  of  a  type  with  respect 
to  which  the  Minister  issued  a  notice 
under  clause  7  (1)  (b)  of  the  Act  on  the  2Sth 
day  of  Februar\-,  1980,  for  the  environ- 
mental assessment  submitted  by  the  Toronto 
Area  Transit  Operating  Authority  as  number 
B-1  on  the  5th  day  of  March,  1980, 
for  one  of  the  environmental  assessments 
submitted  by  the  Toronto  Area  Transit 
Operating  Authority  as  number  B-2,  B-3  or 
B-4  and  construction  of  the  undertaking  is 
commenced  within  twelve  months  after  an 
approval  has  been  issued  to  the  Toronto  Area 
Transit  Operating  Authority  for  an  under- 
taking of  that  type; 


(e)  it  is  an  undertaking  of  a  type  that,  save  that 
the  proponent  is  not  Ontario  Hydro,  is 
described  in  the  Order  of  the  Minister  dated 
the  14th  day  of  October,  1976  and  published 
as  number  OHL-12  in  the  issue  of  The 
Ontario  Gazette  dated  the  13th  day  of 
November,  1976  and  construction  of  the 
undertaking  is  commenced  withiA  twelve 
months  after  an  approval  under  the  Act  is 
issued  to  Ontario  Hydro  for  an  undertaking  of 
that  type;  or 

(/)  it  is  an  undertaking  of  a  type  that,  save  that 
the  proponent  is  not  the  Minister  of  Trans- 
portation and  Communications,  is  similar  to 
any  listed  under  "B"  in  the  key  contained  in 
the  Order  of  the  Minister  dated  the  15th  day  of 
August,  1978  and  published  as  number  MTC- 
13  in  the  issue  of  The  Ontario  Gazette 
dated  the  16th  day  of  September,  1978,  and 
construction  of  the  undertaking  is  commenced 
within  twelve  months  after  an  approval  under 
the  Act  is  issued  to  the  Minister  of  Transpor- 
tation and  Communications  for  an  undertak- 
ing of  that  type  or  where  the  approval  was 
issued  before  the  3rd  day  of  June,  1980, 
within  twelve  months  after  that  date. 
O.  Reg.  468/80,  s.  2,  part;  O.  Reg.  885/80, 
s.  1  (2). 

(6)  An  exemption  under  clause  (5)  (a)  ceases  to  apply 
with  respect  to  those  parts  of  the  undertaking  that  are 
not  competed  within  three  years  after  the  3rd  day  of 
June,  1980  unless  at  least  25  per  cent  of  the  estimated 
cost  of  the  undertaking  has  been  spent  or  construction 
contracts  for  at  least  25  per  cent  of  the  estimated  cost 
have  been  let  prior  to  the  end  of  the  three  year  period. 

(7)  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  con- 
ditional on  compliance  with  the  Act,  is  an  undertaking 
that  is  exempt  from  the  provisions  of  subsection  5  (1)  of 
the  Act.     O.  Reg.  468/80,  s.  2,  part. 

(8)  For  purposes  of  subclause  (5)  (a)  (i),  an  under- 
taking shall  be  deemed  to  have  been  authorized 
by  resolution  or  by-law  of  the  council  or  other 
governing  body  of  the  municipality  where  the  council 
or  other  governing  body  of  a  municipality  has  passed  a 
resolution  or  given  second  reading  to  a  by-law 
prior  to  the  3rd  day  of  June,  1980  authorizing  any  step, 
including  any  step  necessary  for  the  obtaining  of  or  the 
making  of  an  application  for  approval  under  any  other 
Act,  in  connection  with  proceeding  with  the  undertak- 
ing that  indicates  an  intention  by  the  council  or  other 
governing  body  to  implement  the  undertaking  at  a 
specific  site. 

(9)  In  subsection  (8),  "any  step"  includes, 

(a)  any  application  for  approval  that  may  be 
necessary  to  facilitate  the  carrying  out  of  the 
undertaking; 


318 


ENVIRONMENTAL  ASSESSMENT 


Reg.  293 


(b)  an  amendment  of  an  official  plan  or  a 
restricted  area  by-law  and  any  application 
therefor; 

(c)  the  engaging  of  a  consultant  to  prepare  any 
material  necessary  to  proceed  with  an  under- 
taking or  to  obtain  an  approval; 

(d)  the  advertising  for  or  awarding  of  tenders  to 
carry  out  any  part  of  the  undertaking; 

(e)  the  approval  of  financing  necessary  to  carry 
out  any  part  of  the  undertaking;  or 

if)  the  acquisition  of  land. 

(10)  Subsection  (8)  does  not  apply  to  the  proposed 
waste  disposal  site  of  The  Regional  Municipality  of 
Halton  at  the  site  in  the  Town  of  Milton  known  as  site 
'F'.     O.  Reg.  885/80,  s.  1  (3). 

6. — (1)  Notwithstanding  section  5,  an  undertak- 
ing which  consists  of  establishing,  constructing  and 
operating  a  new  hydro-electric  generating  facility 
in  the  Go  Home  Lake  area  of  Ontario  and  associated 
transmission  and  transformation  facilities  is  not 
exempt  from  the  provisions  of  the  Environmental 
Assessment  Act  and  in  this  section  "hydro-electric 
generating  facility"  includes  a  dam  or  other  water  stor- 
age or  diversion  facility  for  the  purpose  of  storing, 
diverting  or  conducting  water  for  the  generation  of 
electricity.     O.  Reg.  816/78,  s.  1. 

(2)  Notwithstanding  section  5,  an  undertaking  that 
consists  of  establishing,  constructing  and  operating  an 
east-west  arterial  road  located  in  the  City  of  Cam- 
bridge, running  easterly  from  the  proposed  Highway  8 
By-pass  in  the  direction  of  Franklin  Boulevard  and  any 
associated  facilities  is  not  exempt  from  the  provisions  of 
the  Act.     O.  Reg.  8/80,  s.  1. 


7. — (1)  All  undertakings  and  classes  of  under- 
takings by  or  on  behalf  of  Her  Majesty  in  right 
of  Ontario  and  carried  out  by, 

(a)  the  Minister  of  Revenue ; 

(6)  the  Minister  of  Labour ; 

(t)  the  Minister  of  Correctional  Services; 

{d)  the  Attorney  General ; 

(e)  the  Minister  of  Colleges  and  Universities ; 

(/)  the  Solicitor  General ; 

(g)  the    Minister   of    Community    and    Social 
Services ; 

(A)  the  Minister  of  Consumer  and  Commercial 
Relations ; 

(i)  the  Minister  of  Education ; 


(;)  the  Minister  of  Health ; 

(k)  the  Minister  of  Agriculture  and  Food;  and 

(/)  the  Minister  of  Housing, 

are  exempt  from  the  provisions  of  the  Act.     O.  Reg. 
836/76,  s.  6  (1);0.  Reg.  94/77,  s.  1. 

(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 ; 

(6)  acting    on    behalf    of    a    Minister    of    the 
Crown;  or 

(c)  defined  as  a  public  body, 

are  exempt  from  the  provisions  of  the  Act.     O.  Reg. 
836/76,  s.  6  (2). 

8.  Notwithstanding  section  7,  an  undertaking 
that  is  being  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  7; 
or 

(b)  an  agent  of  the  Crown  exempted  by  section  7 , 

that  would  be  subject  to  the  Act  but  for  section  7  is  not 
exempt  from  the  Act.     O.  Reg.  836/76,  s.  7. 

9. — (1)  In  this  section, 

(a)  "authority"  means  an  authority  within  the 
meaning  of  the    Conservation   Authorities 

Act; 

(b)  "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 ; 

(c)  "commencement  date"  means, 

(i)  where  contracts  are  to  be  awarded 
for  the  carrying  out  of  part  or  all 
of  the  construction  involved  in  the 
undertaking,  the  date  on  which  the 
first  such  contract  is  awarded,  and 

(ii)  where  no  such  contract  is  to  be 
awarded,  the  date  on  which  con- 
struction commences ; 

(d)  "cost"  means  the  estimated  total  cost  of 
the  implementation  of  an  undertaking  at 
the  time  of  its  approval  under  the  Con- 
servation Authorities  Act  by  the  Minister 
of  Natural  Resources  exclusive  of  any  costs 


Reg.  293 


ENVIRONMENTAL  ASSESSMENT 


319 


for  the  acquisition  of  land  or  for  any 
feasibility  studies  and  design  carried  out 
for  the  undertaking,  or  the  operation  of 
the  undertaking ; 

(e)  "dam  reconstruction"  means  the  recon- 
struction or  rebuilding  of  a  dam  that 
involves  a  change  in  use  of  the  dam  or 
reservoir  from, 

(i)  the  use  being  made  immediately 
prior  to  the  reconstruction  taking 
place,  or 

(ii)  a  use  being  made  within  the  ten 
years  immediately  prior  to  the  re- 
construction taking  place  where  the 
construction  involves  the  repair  of 
a  dam  which  has  been  wholly  or 
partly  inoperable  due  to  damage. 

O.  Reg.  636/77,  s.  I,  part;  O.  Reg.  468/80,  s.  3. 

(2)  An  undertaking  by  an  authority,  for  which 
an  environmental  assessment  is  not  submitted,  is 
exempt  from  the  provisions  of  the  Act  if, 

(a)  the  undertaking, 
cost  of  the  undertaking  were  scheduled 

(i)  was  approved  by  the  Minister  of 
Natural  Resources  on  or  before  the 
31st  day  of  January,  1978,  and 

(ii)  was  on  a  list  of  undertakings  submit- 
ted to  the  Minister  on  or  before  the  4th 
day  of  July,  1978  by  the  authority 
proposing  to  carry  out  the  undertak- 
ing and  the  list  indicated  that  con- 
tracts for  at  least  25  per  cent  of  the 

to  be  awarded  on  or  before  the  31st 
day  of  December,  1980;  or 

(6)  the  undertaking  is  solely  for  the  purpose 
of. 

(i)  reforestation  and  woodlot  manage- 
ment, 

(ii)  restocking  of  indigenous  wildlife,  or 

(iii)  provision  of  conservation  area  work- 
shops and  administration  build- 
ings, 

or  any  combination  thereof ;  or 

(c)  the  undertaking, 

(i)  has  a  cost  of  not  more  than 
$1,000,000,  and 

(ii)  has,  for  work  described  in  Column  1 
of    the    Table,    a    commencement 


date  falling  on  or  before  the  date 
in  Column  2  of  the  Table  opposite 
the  first  applicable  item  in  Column  1 . 

TABLE 


Column  1 

Column  2 

Type  of  Work 

Date 

Construction  of  Dams 

and  Reservoirs 

December  31,  1980 

Channelization,  Stabil- 

ization or  Diversion 

of  Watercourses 

December  31,  1981 

Construction  of  Dykes 
and  Levees 

December  31,  1982 

Lake  Shoreline  Altera- 

tion including  creation 
of  new  shoreline 

December  31,  1983 

Dam  Reconstruction 

December  31,  1984 

WildHfe,  including  fish, 
Habitat  Manipula- 
tion 

December  31,  1985 

All  other  types 

December  31,  1986 

(3)  For  the  purposes  of  this  section,  an  under- 
taking shall  be  deemed  to  be  a  work  described  in 
Column  1  of  the  Table  where  any  part  of  the  under- 
taking is  a  work  described  in  the  said  Column  1. 

(4)  An  undertaking  exempt  under  clause  (2)  (a) 
ceases  to  be  exempt  under  that  clause  with  respect  to 
those  parts  of  it  that  were  not  completed  by  the  31st 
day  of  December,  1980,  unless  contracts  for  at  least  25 
per  cent  of  the  cost  of  the  undertaking  were  awarded 
by  the  31st  day  of  December,  1980. 

(5)  Notwithstanding  subsection  (2),  the  activities 
of  the  Grand  River  Conservation  Authority  con- 
sisting of  the  planning,  designing,  providing,  con- 
structing, operating  or  retiring  of  water  control 
facilities  for  which  Grand  River  Conservation 
Authority  General  Membership  Resolution  Number 
32-75  requires  that  an  Environmental  Impact 
Assessment  be  carried  out  are  designated  as  under- 
takings to  which  the  Act  applies. 

(6)  The  acquisition  of  land  or  interests  in  land  by 
an  authority  is  exempt  from  the  provisions  of 
subsection  5  (1)  of  the  Act.  O.  Reg.  636/77, 
s.  1,  part. 

10.  The  undertaking  of  making  a  loan,  giving  a 
grant,  giving  a  guarantee  of  debts  or  issuing  or 


320  ENVIRONMENTAL  ASSESSMENT  Reg.  293 


granting  a  licence,  permit,  approval,  permission  or 
consent  is  exempt  from  the  provisions  of  subsec- 
tion 5  (1)  of  the  Act.     O.  Reg.  836/76,  s.  9. 

11.  Notwithstanding  any  provisions  of  this  Regula- 
tion 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.  8/80, 

s.  2. 


Form  1 

Environmental  Assessment  Act 
SUMMARY  FORM  FOR  AN  ENVIRONMENTAL  ASSESSMENT  SUBMISSION 
Re :     An  Environmental  Assessment  received  from 


(name  of  proponent) 

for to  be  located  in 

(title  of  Undertaking)  (location(s)  of  undertaking) 

Environmental  Assessment  Number (Number  to  be  issued  by  the  Ministry  of  the  Environment) 

For  the  public  benefit,  in  a  resume  of  an  Environmental  Assessment,  the  following  headings  should  be 
expanded  upon  and  cross-indexed  to  the  Environmental  Assessment  where  applicable.  Additional  headings 
can  be  used  and  any  inapplicable  headings  deleted. 

RESUME: 

1 .  Purpose  of  the  Undertaking. 

2.  Description  of  the  Undertaking. 

3.  Justification  of  the  need  for  the  Undertaking. 

4.  Description  of  possible  alternatives  to  the  Undertaking. 

5.  Alternative  implementation  methods  for  both  the  Undertaking  and  the  alternatives  to  it. 

6.  Geographic  areas/boundaries  within  which  the  Undertaking  will  be  executed,  and  the  same  for  the 
alternatives.  Included  should  be  a  well  marked,  legible  map.  (This  may  be  a  1 .50,000  scale  topographic 
map,  plus  a  smaller  simplified  one  for  publication  purposes). 

7.  The  environment  affected  or  possibly  affected,  either  directly  or  indirectly  for  the  areas  mentioned  in 
item  5.  This  would  include  the  actual  effects  or  possible  effects  of  the  various  methods  of  carrying  out 
the  Undertaking  and  the  alternatives,  and  may  be  explained  on  a  map. 

8.  Remedial  measures /or  any  adverse  effects  mentioned  in  item  7 . 

9.  Advantages  and  disadvantages  to  the  environment  of  the  Undertaking  and  the  alternatives. 

10.  All  studies  and  reports  done  in  connection  with  the  Undertaking  or  matters  related  to  the  Undertaking, 
under  the  control  of  the  Proponent :     list  studies  and  reports. 

11.  All  studies  and  reports  done  in  connection  with  the  Undertaking  or  matters  related  to  the  Undertaking 
of  which  the  Proponent  is  aware  which  are  not  under  the  control  of  the  Proponent:  list  studies  and 
reports. 

ADDITIONAL  INFORMATION: 

Additional  information,  if  any,  may  include  such  things  as: 
agencies  or  authorities  contacted, 

lists  of  public  meetings  affecting  any  decision  relating  to  the  Undertaking, 
etc. 

WORDS  IN  ITALICS,  OTHER  THAN  NAMES  OF  FORMS  OR  THE  ACT,  MAY  BE  OMITTED. 

O.  Reg.  836/76,  Form  1. 


Reg.  293 ENVIRONMENTAL  ASSESSMENT 321 

Form  2 

Environmental  Assessment  Act 
SUBMISSION  AND  NOTICE  REQUIRING  A  HEARING  (SECTION  7  (2)  OF  THE  ACT) 
RE :    An  Environmental  Assessment  received  from : 

(name  of  propninent) 

for 

(title  of  Undertaking) 

(in/at) 

(location(s)  of  Undertaking) 

Environmental  Assessment  Number 

TO :    The  Minister  of  the  Environment 

(address) 

FROM:    

(name  of  submitter) 

(address) 

(telephone  number) 

DATE: 

SUBMISSION 

(a)  I    make   the    (following/attached)   submission   relating   to   the   Undertaking,   the    Environmental 
Assessment  and  the  Review  thereof: 

(Submission  may  follow  at  this  point  or  may  be  a  separate  attachment.   List  any  attachments). 

And,  if  a  hearing  is  required: 

HEARING 

(b)  I  require  a  hearing  by  the  Environmental  Assessment  Board  with  respect  to  the  Undertaking,  the 
Environmental  Assessment  and  the  Review  thereof. 

(NOTE:  There  is  provision  in  clause  12  (2)  (b)  of  the  Act  for  the  Minister  to  disapprove  of  a  hearing 
requirement). 

(signature  of  submitter) 

WORDS  IN  ITALICS,  OTHER  THAN  NAMES  OF  FORMS  OR  THE  ACT,  MAY  BE  OMITTED. 

O.  Reg.  836/76,  Form  2. 


322 ENVIRONMENTAL  'ASSESSMENT Reg.  293 

Form  3 

Environmental  Assessment  Act 

SUBMISSION  (SECTION  10  OF  THE  ACT) 
AND  NOTICE  REQUIRING  A  HEARING  (SECTION  12  (1)  OF  THE  ACT) 

RE:  An  Environmental  Assessment  received  from: 


(name  of  proponent) 

for 

(title  of  Undertaking) 

(in/at) 

(location(s)  of  Undertaking) 

Environmental  Assessment  Number 

TO :    The  Minister  of  the  Environment 


(address) 

FROM : 

(name  of  submitter) 

(address) 

DATE: 

(telephone  number) 

Having  previously  made  a  written  submission  under  subsection  7  (2)  of  the  Act  on 

(date) 

with  regard  to  the  above  Undertaking,  the  Environmental  Assessment  and  the  Review  thereof, 

I/a  submission  is  made: 

SUBMISSION 

(a)  I  make  the  (following/attached)  submission  relating  to  the  proposed  amendments  to  the  Environ- 
mental Assessment : 

(Submission  may  follow  at  this  point  or  may  be  a  separate  attachment.    List  any  attachments) . 

A  nd,  if  a  hearing  is  required,  include : 

HEARING 

(b)  I  require  a  hearing  by  the  Environmental  Assessment  Board  on  the  acceptance  or  amendment 
and  acceptance  of  the  Environmental  Assessment,  and  whether  approval  to  proceed  with  the 
undertaking  should  or  should  not  be  given  or  should  be  given  subject  to  specified  conditions. 

(NOTE:  There  is  provision  in  clause  12  (2)  (b)  of  the  Act  for  the  Minister  to  disapprove  of  a  hearing 
requirement). 


(signature  of  submitter) 

WORDS  IN   ITALICS.  OTHER  THAN   NAMES  OF  FORMS  OR  THE  ACT,   MAY  BE  OMITTED. 

O.  Reg.  836/76,  Form  3. 


Reg.  293 


ENVIRONMENTAL  ASSESSMENT 


323 


Form  4 
Environmental  Assessment  Act 
NOTICE  REQUIRING  A  HEARING  (SECTION  13  OF  THE  ACT) 
RE :    An  Environmental  Assessment  received  from : 


for 


(name  of  proponent) 
(title  of  Undertaking) 
(location  (s)  of  Undertaking) 


(in/at) 


Environmental  Assessment  Number . 
TO :    The  Minister  of  the  Environment 


(address) 


FROM: 


(name  of  submitter) 


(address) 


(telephone  number) 


DATE: 


HEARING 

Having  previously  made  a  written  submission  under  subsection  7  (2)  of  the  Act  on 


(date) 


with  regard  to  the  above  Undertaking,  the  Environmental  Assessment  and  the  Review  thereof,  I  now 
require  a  hearing  by  the  Environmental  Assessment  Board  on  whether  approval  to  proceed  with  the 
Undertaking  should  or  should  not  be  given,  or  should  be  given  subject  to  specified  conditions. 

(NOTE:  There  is  provision  in  section  13  of  the  Act  for  the  Minister  to  disapprove  of  a  hearing  requirement). 


(signature  of  submitter) 

WORDS  IN   ITALICS,  OTHER  THAN  NAMES  OF  FORMS  OR  THE  ACT,  MAY  BE  OMITTED. 

O.  Reg.  836/76,  Form  4. 


Reg.  294 


ENVIRONMENTAL  ASSESSMENT 


325 


REGULATION  294 


under  the  Environmental  Assessment  Act 


SOUTH  CAYUGA  SEWAGE  WORKS  AND 
WASTE  DISPOSAL  SITES 

1.  In  this  Regulation, 

(a)  "South  Cayuga  Sewage  Works  and  Waste 
Disposal  Sites"  means  the  sewage  works  or 
waste  disposal  sites  located  in  the  Town  of 
Haldimand  in  The  Regional  Municipality  of 
Haldimand-Norfolk  on  any  parts  of  lots  10  to 
21,  Concession  4,  and  lots  10  to  21,  Conces- 
sion 5  in  the  former  Township  of  South 
Cayuga  for  the  purpose  of  receiving  sewage 
or  waste  and  of  treating  or  disposing  of  the 
sewage  or  waste; 

(b)  "South  Cayuga  undertaking"  means  the 
enterprises  or  activities  of  establishing  and 
operating  the  South  Cayuga  Sewage  Works 
and  Waste  Disposal  Sites  together  with  all 
facilities  ancillary  thereto  including  highways 
and  bridges  providing  access  thereto  and  all 
waste  management  systems  related  thereto 
and  any  proposal,  plan  or  program  in  relation 
to  such  enterprises  or  activities;  and 


(c)  "waste  management  system  related  thereto" 
means  any  waste  management  system  of  Her 
Majesty  the  Queen  in  right  of  Ontario  of 
which  any  part  of  the  South  Cayuga  Sewage 
Works  and  Waste  Disposal  Site  is  a  part  and 
any  facility  or  works  established  on  land 
owned  or  occupied  by  Her  Majesty  the  Queen 
in  right  of  Ontario  or  any  agent  thereof  for 
purposes  of  collecting  sewage  or  waste  for 
transmission  or  trans-shipment  to  the  South 
Cayuga  Sewage  Works  and  Waste  Disposal 
Site.     O.  Reg.  1122/80,  s.  1. 

2.  The  South  Cayuga  undertaking  is  exempt  from 
the  provisions  of  the  Act.     O.  Reg.  1122/80,  s.  2. 

3.  Every  person  who  is  carrying  out  the  South 
Cayuga  undertaking  or  any  part  thereof  is  exempt  from 
the  provisions  of  the  Act  in  relation  to  such  undertak- 
ing.    O.  Reg.  1122/80,  s.  3. 

4.  Sections  2  and  3  do  not  apply  to  any  part  of  the 
South  Cayuga  undertaking  with  respect  to  which  an 
environmental  assessment  is  submitted  by  its  propo- 
nent.    O.  Reg.  1122/80,  s.  4. 


Reg.  295 


ENVIRONMENTAL  PROTECTION 


327 


REGULATION  295 


under  the  En\ironmental  Protection  Act 


AIR  CONTAMINANTS  FROM  FERROUS 
FOUNDRIES 

1.  In  this  Regulation, 

(a)  "effluent  gas  stream"  means  the  combin- 
ation of  gases  and  solids  being  emitted  from 
a  process  or  operation ; 

(6)  "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  cleaning  of  any 
casting  or  other  dust-causing  or  odour- 
causing  op)eration  ancillary  to  the  casting 
process  is  carried  on ; 

(c)  "particulate"  means  solid  particles; 

(d)  "particulate  collection  efficiency"  means 
the  amount  of  the  solid  particles  that  is 
removed  from  the  effluent  gas  stream, 
expressed  as  a  percentage  of  the  total  par- 
ticulate in  the  uncontrolled  effluent  gas 
stream  on  a  weight  basis ; 

(e)  "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.  1970, 
Reg.  11,  s.  1. 


2.  This  Regulation  does  not  apply  to, 

(a)  die  casting;  or 

ib)  any  premises  or  part  thereof  where  steel 
ingots  are  cast.     R.R.O.  1970,  Reg.  11,  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  mic- 
ron fraction.     R.R.O.   1970,  Reg.   11,  s.  3. 

4. — (I)  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  particulate  and  the  remaining  air 
contaminants  shall  be  emitted  in  such  a 
manner  as  to  comply  with  the  requirements 
of  sections  5  and  6  of  RcKulation  308  of 
Revised  Regulations  of  Ontario,  1980; 


(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  particulate  and  the  remaining  air 
contaminants  shall  be  emitted  in  such  a 
manner  as  to  comply  with  the  requirements 
of  sections  5  and  6  of  Regulation  308  of 
Revised  Regulations  of  Ontario,  1980; 

(b)  afterburners  working  at  all  times  during  the 
operation  of  the  cupola ; 

(c)  no  water  fallout  beyond  the  Hmits  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  electric  arc  furnace  shall  be  designed  and 
operated  so  as  to  have, 

(a)  a  maximum  emission  of  twenty-five  pounds 
an  hour  of  particulate  and  the  remaining  air 
contaminants  shall  be  emitted  in  such  a  man- 
ner as  to  comply  with  the  requirements  of 
sections  5  and  6  of  Regulation  308  of  Revised 
Regulations  of  Ontario,  1980; 

(6)  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.  1970,  Reg.  11,  s.  4. 

5.  The  owner  or  operator  of  each  ferrous  foundry 
shall  .submit  a  written  proposal  to  the  Minister,  show- 
ing in  detail  the  method  and  devices  by  which  the 
owner  or  operator  intends  to  meet  the  requirements  of 
this  Regulation.     R.R.O.  1970,  Reg.  11,  s.  5. 


Reg.  296 


ENVIRONMENTAL  PROTECTION 


329 


REGULATION  296 


under  the  Environmental  Protection  Act 


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.     O.  Reg.  872/74,  s.  1 . 


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°Cand760mm 

Hg  pressure 

1. 

Arsenic 

Micrograms    of    Arsenic 
p>er  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/m» 
15,700  ug/m» 

4. 

Dustfall 

Tons  of  dustfall  per  square 
mile  per  month 

20  Total 
13 

30  days 
1  year 

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/m» 

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* 
1.38  ug/m» 

8. 

Fluorides  in 
Forage  for 
Consumption 
by  Live  stock 

Parts  of  total  fluorides  per 
one  million  parts  forage 
(dry  weight) 

35 

Individual 
-Sample 

330 


ENVIRONMENTAL  PROTECTION 


Reg.  296 


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 

9. 

Fluoridation 
(total) 
April  15  to 
October  15 

Micrograms  of  total  fluo- 
rides collected  by  100  sq. 
centimetres  of  limed  filter 
paper 

40 

30  days 

10. 

Fluoridation 
(total) 

October  16  to 
April  14 

Micrograms  of  total  fluo- 
rides collected  by  100  sq. 
centimetres  of  limed  filter 
paper 

80 

30  days 

11. 

Hydrogen 
Sulphide 

Parts    of    hydrogen    sul- 
phide   per    one    million 
parts  of  air  by  volume 

0.02 

1  hour 

30  ug/m» 

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/m» 

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/m» 

17. 

Oxidants 

(total) 

Parts   of   total    oxidants 
per  one  million  parts  of 
air  by  volume 

0.10 

1  hour 

18. 

Ozone 

Parts  of  ozone   per  one 
million    parts   of   air    by 
volume 

0.08 

1  hour 

165  ug/m* 

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/m» 

55  ug/m' 

Reg.  296 


ENVIRONMENTAL  PROTECTION 


331 


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°Cand760mm 

Hg  pressure 

22. 

Suspended 
Particulate 
Matter 

Micrograms  of  susp>ended 
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 

O.  Reg.  872/74,  Sched. ;  O.  Reg.  158/75,  s.  1. 


Reg.  297 


ENVIRONMENTAL  PROTECTION 


333 


REGULATION  297 


under  tlie  Knxironmental  Protection  Act 


ASPHALT  PAVING  PLANTS 

(a)  "aggregate  material"  means  any  material  or 
materials,  including,  but  not  limited  to, 
gravel,  slag,  limestone,  crushed  rock,  sand, 
hydrated  lime,  cement,  furnace  ash, 
asbestos,  glass  or  sulphur,  or  any  two  or 
more  of  them,  used  to  produce  asphalt 
paving  when  mixed  with  bituminous 
asphalt ; 

(b)  "asphalt  paving  plant"  means  equipment 
designed  to  dry  aggregate  material  and  to 
mix  the  aggregate  material  with  bituminous 
asphalt ; 

(c)  "fine  material"  means  that  portion  of 
aggregate  material  that  will  pass  through 
a  number  200  sieve  as  designated  in  the 
American  "Society  for  Testing  Materials 
publication  number  ASTM-E-1 1-61 ; 

{d)  "permanent  asphalt  paving  plant"  means 
an  asphalt  paving  plant  that  remains  at 
one  location  for  more  than  one  calendar 
year; 

(«)  "portable  asphalt  paving  plant"  means 
an  asphalt  paving  plant  that  remains  at  one 
location  for  less  than  one  calendar  year. 
O.Reg.  183/72,s.  1. 


2.  No  person  responsible  for  a  portable  asphalt 
paving  plant  shall  operate  or  permit  the  plant  to  be 
operated  so  as  to  emit  solid  material  into  the  air, 

(a)  at  a  rate  greater  than  that  derived,  by 
measurement  or  calculation,  from  the 
application  of  the  following  formula: 


E  = 


X   1.67  X  C 


Where:    E  is  the  amount  of  solid  material 
emitted  in  pounds  per  minute 

A  is  the  actual  operating  rate  of 
production  of  the  plant  at  the 
time  of  testing  in  tons  per  hour 

B  is  the  maximum  designed  rate  of 
production  of  the  plant  as  stated 
by  the  manufacturer  of  the 
dryer  in  tons  per  hour  cor- 
rected to  a  moisture  content  of 
5  per  cent 


C  is  1,  except  that  where  the 
material  processed  contains  less 
than  5  per  cent  of  fine  material 
by  weight,  C  is  the  actual  per- 
centage of  fine  material  con- 
tained in  the  material  processed 
divided  by  5  per  cent ;  or 

(b)  at  a  greater  rate  than  1.67  f)ounds  per 
minute, 

whichever  is  the  lesser.     O.  Reg.  183/72,  s.  2. 

3.  No  person  responsible  for  an  asphalt  paving 
plant  shall  operate  or  permit  the  plant  to  be  operated 
so  that  visible  solid  material,  a  water  plume  or 
fallout  of  water  droplets  emitted  into  the  air  from 
the  asphalt  paving  plant  impinges  on  any  pjoint 
beyond  the  limits  of  the  property  on  which  the 
asphalt  paving  plant  is  located.  O.  Reg.  183/72, 
S.3. 

4.  No  person  responsible  for  an  asphalt  paving 
plant  shjill  permit  visible  solid  material  emitted 
from  any  source  other  than  the  asphalt  paving 
plant  to  pass  beyond  the  limits  of  the  property  on 
which  the  asphalt  paving  plant  is  located.  O.  Reg. 
183/72,5.4. 

5.  No  j)erson  responsible  for  a  permanent  asphalt 
paving  plant  shall  operate  or  permit  the  plant  to 
be  operated  so  as  to  emit  solid  material  into  the  air, 

(a)  that  will,  at  any  point  of  impingement, 
result  in  a  concentration  of  solid  material, 
measured  or  calculated,  equal  to  or  greater 
than  that  derived  from  the  application  of 
the  following  formula: 


F  =  A 
B 


X  100  X  C 


Where: 


F  is  the  calculated  average  con- 
centration of  solid  material  at  a 
point  of  impingement  in  micro- 
grams per  cubic  metre  of  air  for  a 
thirty-minute  period 

A  is  the  actual  operating  rate  of 
production  of  the  plant  at  the 
time  of  testing  in  tons  per  hour 

B  is  the  maximum  designed  rate 
of  production  of  the  plant  as 
stated  by  the  manufacturer  of 
the  dryer  in  tons  per  hour  cor- 
rected to  a  moisture  content  of 
5  per  cent 


334 


ENVIRONMENTAL  PROTECTION 


Reg.  297 


is  1,  except  that  where  the 
material  processed  contains  less 
than  5  per  cent  of  fine  material 
by  weight,  C  is  the  actual  per- 
centage  of  fine  material  con- 
tained in  the  material  processed 
divided  by  5  per  cent ;  or 


(6)  that  will  result  in  a  concentration  of  solid 
material,  measured  or  calculated,  at  any 
point  of  impingement  of  an  average  greater 
than  100  micrograms  per  cubic  metre  of  air 
during  a  period  of  thirty  minutes, 

whichever  is  the  lesser.     O.  Reg.  183  /72,  s.  5. 


Reg.   298  ENVIRONMENTAL  PROTECTION  335 

REGULATION  298 

under  the  Environmental  Protection  Act 
CLASSES  OF  CONTAMINANTS— EXEMPTIONS 

1.  In  this  Regulation, 

(a)  "highway"  has  the  same  meaning  as  in  the  Highway  Traffic  Act; 

(b)  "road  authority"  means  any  person  or  persons  having  jurisdiction  and  control  over  a  highway. 
O.  Reg.  505/72,  s.  1. 

2.  Where  any  substance  used  on  a  highway  by  the  Crown  as  represented  by  the  Minister  of  Transportation 
and  Communications  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  provisions  of  the  Act  and  the  regulations.     O.  Reg.  505/72,  s.  2. 


Reg.  299 


ENVIRONMENTAL  PROTECTION 


337 


REGULATION  299 

under  the  Knvironmental  Protection  Act 


CONTAINERS 

1. — (1)  In  this  Regulation, 

(a)  "carbonated  soft  drink"  includes  non- 
alcoholic beers  and  wines  and  unflavoured 
mineral  waters ; 

ib)  "import  flavour"  means  a  flavour  of  carbo- 
nated soft  drink  which  is  sold  by  way  of  an 
import  sale  in  Class  2  or  Class  3  containers 
where  no  carbonated  soft  drink  of  that 
flavour  is  manufactured  or  sold  in  Class  1 
containers  in  Ontario; 

(c)  "import  sale"  means  the  sale  of  a  carbonated 
soft  drink  which  was  produced  and  placed  in 
its  retail  container  in  a  country  other  than 
Canada  or  the  United  States  of  America; 

(d)  "licensed  sale"  means  the  sale  of  a  carbonated 
soft  drink  by  way  of  an  on-premises  sale  at 
premises  licensed  under  the  Liquor  Licence 
Act; 

(g)  "non-refillable  container"  means  a  container 
that  is  not  a  refillable  container,  but  does  not 
include, 

(i)  a  container, 

(A)  that  is  used  or  intended  to  be 
used  to  contain  a  product  in 
bulk, 

(B)  that  is  for  use  in  connection 
with  soft  drink  dispensing 
machines,  and 

(C)  that  is  accepted  for  reuse  as  a 
container  by  a  retail  vendor, 
distributor,  processor  or  manu- 
facturer of  carbonated  soft 
drinks,  or 

(ii)  a    container    that    contains    or    is 
intended  to  contain  other  containers; 

(/)  "on-premises  sale"  means  the  sale  of  a  bever- 
age intended  for  consumption  on  the  prem- 
ises on  which  it  is  sold; 

(g)  "refillable  container"  means  a  container, 

(i)  that  contains  or  is  intended  to 
contain  a  carbonated  soft  drink 
sold  or  intended  for  sale, 


(ii)  that  will  be  accepted  for  reuse 
as  a  container  by  a  retail  vendor, 
distributor,  processor  or  manu- 
facturer of  carbonated  soft  drinks, 

(iii)  for  which  a  deposit  is  or  will  be 
charged  at  the  time  of  sale  of  the 
carbonated  soft  drink  at  retail  other 
than  by  way  of  an  on-premises 
sale,  and 

(iv)  for  which,  as  a  used  container, 
money  will  be  paid  or  given  by  a 
retail  vendor,  distributor,  processor 
or  manufacturer  of  carbonated  soft 
drinks, 

but  does  not  include  a  container  that 
contains  or  is  intended  to  contain  other 
containers ; 

ill)  "sales  from  mobile  industrial  canteens" 
means  sales  of  carbonated  soft  drinks  in 
Class  2  containers  made, 

(i)  from  a  commercial  motor  vehicle 
having  no  more  than  two  axles, 
other  than  a  bus, 

(ii)  at  the  same  time  as  other  ready- 
to-eat  food  is  offered  for  sale  from 
the  vehicle, 

(iii)  at  an  industrial,  commercial,  con- 
struction or  other  similar  site, 

(iv)  to  persons  who  are  employed  at 
the  site  and  not  resident  at  the 
site  unless  they  are  engaged  in 
construction  at  the  site,  and 

(v)  intended  for  consumption  at  the 
site; 

(j)  "spring  water"  means  mineral  or  spring 
water  within  the  meaning  of  Section 
B12.001  of  the  Food  and  Drug  Regu- 
lations made  under  the  Food  and  Drugs 
Act  (Canada).  O.  Reg.  687/76,  s.  1 ;  O.  Reg. 
146/77,  s.  1;  O.  Reg.  157/78,  s.  1. 

(2)  In  this  Regulation  where  a  reference  is  made  to  a 
container  with  a  capacity  of  284  millilitres,  the  ref- 
erence shall  be  deemed  to  include  a  reference  to  a  con- 
tainer with  a  capacity  of  280  millilitres.  O.  Reg. 
.397/80,  s.  1. 

2. — ( 1 )  Refillable  containers  are  classified  as  Class 
1  -containers. 


338 


ENVIRONMENTAL  PROTECTION 


Reg.  299 


(2)  Non-refillable  containers  that  are  cylindrical 
cans  are  classified  as  Class  2  containers. 

(3)  Non-refillable  containers  that  are  glass  bottles 
are  classified  as  Class  3  containers. 

(4)  Class  1  containers  of  a  capacity  established  by 
subsection  13(1)  are  also  classified  as  Class  4  contain- 
ers. 

(5)  Containers  that  contain  or  are  intended  to 
contain  Class  1  containers  are  classified  as  Class  5 
containers.     O.  Reg.  687/76,  s.  2. 

3.  Subject  to  section  6  and  subsections  14  (3)  and 
(4),  where  a  retail  vendor  is  presented  with  an  empty 
Class  1  container  by  any  person,  the  retail  vendor  shall 
accept  the  empty  Class  1  container  from  the  person 
and  shall  pay  to  him  an  amount  not  less  than, 

(a)  ten  cents  for  each  Class  1  container  that 
when  sold  at  retail  contains  between  125 
and  350  millilitres,  both  inclusive,  of  a 
carbonated  soft  drink ; 

{b)  twenty  cents  for  each  Class  1  container 
that,  when  sold  at  retail,  contains  more 
than  350  millilitres  of  a  carbonated  soft 
drink ;  and 

(c)  notwithstanding  clause  (6),  thirty  cents  for 
each  Class  1  container  that  has  a  capacity 
of  1.5  Htres.  O.  Reg,  687/76,  s.  3; 
O.  Reg.  146/77,  s.  2, 

4.  Every  Class  1  container  manufactured  on  or 
after  the  1st  day  of  February,  1977  and  intended 
to  contain  a  carbonated  soft  drink  for  sale  in 
Ontario  shall  be  clearly  marked  "MONEY-BACK 
BOTTLE-BOUTEILLE  CONSIGNEE".  O.  Reg. 
687/76,  s.  4. 

5. — (1)  Upon  the  request  of  a  retail  vendor,  a 
distributor,  processor  or  manufacturer  or  a  person 
acting  on  behalf  of  such  distributor,  processor  or 
manufacturer  shall  collect  from  the  retail  vendor  the 
empty  Class  1  containers  for  carbonated  soft 
drinks  manufactured,  processed,  sold  or  distributed 
by  such  distributor,  processor  or  manufacturer  and 
reimburse  the  retail  vendor  in  full  for  each 
payment  made  by  the  retail  vendor  under  section  3. 

(2)  A  processor  or  manufacturer  shall  reimburse  a 
distributor  in  full  for  each  payment  made  by  the  dis- 
tributor under  subsection  (1)  in  respect  of  each  con- 
tainer returned  by  the  distributor  to  the  processor  or 
manufacturer.     O.  Reg.  687/76,  s.  5. 

6. — (1)  No  retail  vendor  shall  be  required  to 
accept, 

(a)  a  Class  1  container  that  is  not  intact 
or  is  not  in  a  reasonably  clean  condition ; 

(6)  more  than  forty-eight  Class  1  containers 
from  a  person  in  a  twenty-four  hour 
period ;  and 


(c)  any  Class  1  cdntainer  that,  when  sold  at 
retail,  contained  a  brand  or  flavour  of  a 
carbonated  soft  drink  not  sold  by  the 
retail  vendor  in  a  Class  1  container 
having  the  same  capacity  for  consumption 
off  his  premises  during  the  six  months 
immediately  preceding  the  presentation  of 
the  container. 

(2)  Notwithstanding  the  provision  of  clause  (1)  (c) 
relating  to  capacity,  where  a  retail  vendor  has  sold  a 
carbonated  soft  drink  in  a  Class  1  container  at  any 
time  during  the  six  months  immediately  preceding  the 
presentation  of  a  container  he  shall  accept  the  con- 
tainer, 

(a)  if  it  has  a  10  fluid  ounce,  300  milli- 
litre,  12  fluid  ounce  or  16  fluid  ounce 
capacity  and  he  has  sold  during  such 
six-month  period  the  carbonated  soft  drink 
in  a  Class  1  container  having  any  such 
capacity ;  and 

(b)  if  it  has  a  26  fluid  ounce,  750  milli- 
litre,  28  fluid  ounce,  30  fluid  ounce  or 
32  fluid  ounce  capacity  and  he  has  sold 
during  such  six-month  period  the  car- 
bonated soft  drink  in  a  Class  1  container 
having  any  such  capacity.  O.  Reg.  687/76, 
S.6. 

7.  An  amount  paid  under  section  3  shall  be  in 
cash.     O.  Reg.  687/76,  s.  7. 

S. — (1)  Every  retail  vendor  of  carbonated  soft 
drinks  in  Class  1  containers  for  consumption  off  his 
premises  shall  clearly  display  on  his  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  reason- 
ably clean  refillable  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, 
display  the  following  notice: 

"Les  reglements  etablis  par  la  Province  de 
rOntario  en  vertu  de  la  loi  intitulee  the 
Environmental  Protection  Act  (Loi  sur  la  pro- 
tection de  I'environnement)  prevoient  le  rem- 
boursement  integral  en  especes  du  montant 
depose,  pour  un  maximum  de  quarante-huit 
bouteilles  consignees  de  boisson  gazeuse  vides, 
de  la  meme  contenance,  rapportees  au  cours 
d'une  periode  de  vingt-quatre  heures,  intactes 
et  suffisamment  propres,  d'une  marque  et  d'une 
saveur  vendues  dans  ce  magasin  au  cours  des 
derniers  six  mois."     O.  Reg.  687/76,  s.  8. 


Reg.  299 


ENVIRONMENTAL  PROTECTION 


339 


9. — (1)  In  all  advertising  or  labelling  of  a  carbo- 
nated soft  drink  where  prices  are  shown  or  announced, 
the  price  of  the  carbonated  soft  drink  shall  be  clearly 
displayed  or  announced  and  the  amount  of  any  deposit 
for  the  container  thereof  shall  be  clearly  and  separately 
displayed  or  announced. 

(2)  Where  the  price  of  a  carbonated  soft  drink  in  a 
Class  2  or  Class  3  container  is  shown  or  announced  in 
the  advertising  or  labelling  of  a  retail  vendor,  dis- 
tributor, processor  or  manufacturer,  such  person  shall 
show  or  announce  in  advertising  or  labelling  the  price 
for  the  carbonated  soft  drink  in  each  capacit\-  of  Class 
1  container  in  which  the  carbonated  soft  drink  is  sold, 
distributed,  processed  or  manufactured  by  such  person 
in  the  same  size  as  the  Class  2  or  Class  3  container  for 
which  a  price  is  shown  or  announced. 

(3)  Where  advertising  referred  to  in  subsection  (2)  is 
directed  at  members  of  the  public  who  are  not  on 
premises  at  which  the  carbonated  soft  drink  is  sold,  all 
prices  required  to  be  shown  or  announced  by  subsec- 
tion (2)  shall  be  shown  or  announced  in  each  adver- 
tisement. 

(4)  In  subsection  (2)  "same  size"  means,  in  respect  of 
a  container,  a  container  of  the  same  capacity  or  of  a 
capacity  that  is  permitted  by  subsection  11  (3)  to  be 
stocked  and  offered  for  sale  instead  of  a  Class  1  con- 
tainer of  a  capacity  of  284,  300  or  750  millilitres,  as  the 
case  may  be.     O.  Reg.  687/76,  s.  9. 

10.  No  person  shall  sell  or  offer  for  sale  beer  as 
defined  in  the  Liquor  Licence  Act  or  a.  carbonated  soft 
drink  in  a  Class  2  container  that  has  an  opening  device 
that  is  detachable  in  ordinary  use.  O.  Reg.  687/76, 
s.  10(1). 

11. — (1)  Subject  to  subsections  (8)  and  (10),  where  a 
retail  vendor  stocks,  displays  or  offers  for  sale  a  carbo- 
nated soft  drink  in  a  Class  2  or  Class  3  container, 

(a)  he  shall  also  stock  and  offer  for  sale  the 
same  flavour  of  carbonated  soft  drink  in 
Class  1  containers  of  the  same  capacity; 
and 

(b)  he  shall  display  the  Class  1  containers  in 
the  same  product  display  area  as  the  other 
class  of  containers.  O.  Reg.  687/76,  s.  11(1); 
O.  Reg.  146/77,5.3(1). 

(2)  Where  a  retail  vendor  displays  a  carbonated  soft 
drink  in  a  Class  3  container  and  is  required  by  subsec- 
tion ( 1)  to  stock,  offer  for  sale  and  display  a  carbonated 
soft  drink  of  the  same  flavour  in  Class  1  containers  of 
the  same  capacity  in  the  same  product  display  area, 
the  Class  1  containers  so  required  to  be  displayed  shall 
contain  a  carbonated  soft  drink  of  the  same  brand  as 
that  displayed  in  the  Class  3  container. 

(3)  The  display  space  used  for  each  brand,  flavour 
and  capacity  of  carbonated  soft  drink  required  by  sub- 
section (2)  to  be  displayed  in  Class  1  containers  shall  be 
not  less  than  the  display  space  used  for  that  brand, 


flavour  and  capacity  of  carbonated  soft  drink  in  Class 
3  containers. 

(4)  The  display  space  used  for  carbonated  soft 
drinks  required  by  subsection  (1)  to  be  displayed  in 
Class  1  containers, 

(a)  with  respect  to  carbonated  soft  drinks  in 
Class  2  containers,  shall  be  not  less  than 
that  used  for  carbonated  soft  drinks  in 
Class  2  containers ;  and 

(6)  with  respect  to  carbonated  soft  drinks  sold 
by  way  of  import  sales  in  Class  3  containers, 
shall  be  not  less  than  that  used  for  car- 
bonated soft  drinks  sold  by  way  of  import 
sales  in  Class  3  containers. 

(5)  For  purposes  of  subsections  (3>  and  (4),  and 
subject  to  subsections  (6)  and  (7),  display  space  used 
shall  be  determined  by, 

(a)  the  length  of  shelf,  counter  or  floor  space ; 
and 

(6)  the  area  of  shelf,  counter  or  floor  space, 

used  for  the  display  and  when  the  display  space 
used  for  Class  1  containers  is  less  than  that  used 
for  the  other  class  of  containers  by  either  measure- 
ment then  the  display  space  used  for  the  Class  1 
containers  is  deemed  to  be  less  than  the  display  space 
used  for  the  other  class  of  containers. 

(6)  In  determining  the  display  space  used  for 
Class  1  containers  no  space  occupied  by  a  brand, 
flavour  and  capacity  of  carbonated  soft  drink  shall 
be  included  unless  some  of  the  Class  1  containers  of 
that  brand,  flavour  and  capacity  of  carbonated 
soft  drink  are  conveniently  accessible  to  the  customers 
of  the  retail  vendor  without  the  customer  having 
to  move  containers. 

(7)  In  determining  display  space  used  where 
shelf,  counter  or  floor  space  is  occupied  by  more 
than  one  layer  of  containers,  the  area  of  the  shelf, 
counter  or  floor  space  so  occupied  shall  be  multiplied 

by, 

(a)  in  the  case  of  Class  1  and  Class  3  con- 
tainers, the  number  of  layers  of  such  con- 
tainers or  Class  5  containers  containing 
such  containers;  and 

(6)  in  the  case  of  Class  2  containers,  two- 
thirds  of  the  number  of  layers  of  such 
containers  or  Class  5  containers  contain- 
ing such  containers.  O.  Reg.  157/78, 
s.  2  {\),part. 

(8)  Subsection  (1)  does  not  apply  to  the  sale  of  car- 
bonated soft  drinks  in  Class  2  or  Class  3  containers, 

(a)  from  vending  machines ; 


340 


ENVIRONMENTAL  PROTECTION 


Reg.  299 


(b)  on  aircraft ; 

(c)  by  sales  from  mobile  industrial  canteens; 

(d)  where  the  carbonated  soft  drink  is  an 
import  flavour  and  the  person  who  manu- 
factures the  carbonated  soft  drink  or  the 
person  who  imports  it  into  Ontario  has 
filed  written  notice  with  the  Director  of  the 
Pollution  Control  Branch  of  the  Ministry 
setting  out  the  brand  name  under  which 
the  carbonated  soft  drink  is  sold  in  Ontario 
and  the  flavour  of  the  carbonated  soft 
drink ; 

(e)  by  a  licensed  sale ; 

(/)-at  premises  where  deliveries  of  carbonated 
soft  drinks  are  received  only  by  un- 
scheduled boat,  aircraft  or  snow  train  and 
which  are  located  more  than  ten  miles 
from  the  nearest  road  or  railway ;  or 

ig)  where  the  carbonated  soft  drink  is  spring 
water  of  a  particular  brand  and  all  spring 
water  of  that  brand,  whether  sold  in  or  out 
of  Ontario,  comes  from  a  single  under- 
ground source.  O.  Reg.  146/77,  s.  3  (2); 
O.  Reg.  157/78,  s.  2  (2). 

(9)  Subsection  (2)  does  not  apply  to  the  sale  in  Class 
3  containers  of  carbonated  soft  drinks  by  way  of 
import  sales.     O.  Reg.  157/78,  s.  2  (1),  part. 

(10)  A  retail  vendor  who  stocks  or  offers  for  sale  a 
carbonated  soft  drink  in, 

(a)  a  Class  2  or  Class  3  container  having  a 
capacity  of  300  millilitres  may  stock 
and  offer  for  sale  the  carbonated  soft 
drink  in  a  Class  1  container  manufactured 
before  the  1st  day  of  April,  1978,  having 
a  capacity  of  10,  12  or  16  fluid  ounces, 
instead  of  a  capacity  of  300  millilitres; 

(b)  a  Class  2  or  Class  3  container  having  a 
capacity  of  750  millilitres  may  stock  and 
offer  for  sale  the  carbonated  soft  drink  in 
a  Class  1  container  manufactured  before 
the  1st  day  of  April,  1978,  having  a 
capacity  of  26,  28,  30  or  32  fluid  ounces 
instead  of  a  capacity  of  750  millilitres ;  or 

(c)  a  Class  2  container  having  a  capacity  of 
284  millilitres  may  stock  and  offer  for  sale 
the  carbonated  soft  drink  in  a  Class  1 
container  having  a  capacity  of  10  fluid 
ounces,  300  millilitres,  12  fluid  ounces  or 
16  fluid  ounces  instead  of  a  capacity  of 
284  millihtres.    O.  Reg.  687/76,  s.  11  (3). 

(11)  A  carbonated  soft  drink  that  is  or  has  been 
contained  in  a  Class  2  or  Class  3  container  shall 
not  be  stocked,  displayed  or  offered  for  sale  by  a 
retail  vendor  except  in  accordance  with  the  pro- 


visions of  sections  11  and  12. 
part. 


O.  Reg.  157/78,5.2(1), 


12. — (1)  No  person  shall  sell  or  offer  for  sale  any 
carbonated  soft  drink  that  is  or  has  been  con- 
tained in  a  Class  3  container  unless, 

(a)  the  Class  3  container  has  a  capacity  of  200 
millilitres,  750  millilitres  or  l.S  litres;  or 

(b)  where  the  carbonated  soft  drink  is  sold  by 
way  of  import  sale  or  is  spring  water  sold 
under  clause  11  (8)  (g),  the  Class  3  container 
has  a  capacity  of  300  millilitres.  O.  Reg. 
157/78,  s.  3  (1). 

(2)  No  person  shall  make  a  licensed  sale  of  a  carbo- 
nated soft  drink  that  was  contained  in  a  Class  2  con- 
tainer on  the  premises  in  which  the  sale  was 
made.     O.  Reg.  146/77,  s.  4,  part. 

(3)  Subsection  (2)  does  not  apply  to  the  sale  of  car- 
bonated soft  drinks  in  Class  2  containers, 

(a)  from  vending  machines ; 

(b)  on  aircraft ; 

(c)  at  premises  where  deliveries  of  carbonated 
soft  drinks  are  received  only  by^  unscheduled 
boat,  aircraft,  or  snow  train  and  which  are 
located  more  than  ten  miles  from  the  nearest 
road  or  railway;  or 

(d)  where  the  carbonated  soft  drink  is  an  import 
flavour  that  is  sold  under  clause  11  (8) 
id).  O.  Reg.  146/77,  s.  4, part;  O.  Reg.  157/ 
78,  s.  3  (2). 

(4)  Subsection  (1)  does  not  apply  to  prohibit  the  sale 
or  offering  for  sale  of  a  carbonated  soft  drink  in  a  Class 
3  container  having  a  capacity  of  739  millilitres  where, 

(a)  the  container  is  filled  with  the  carbonated  soft 
drink  before  the  1st  day  of  January,  1980; 

(b)  the  vendor  of  the  carbonated  soft  drink  com- 
plies with  the  provisions  of, 

(i)  section  9  on  the  basis  that  where  the 
price  of  the  drink  in  a  Class  3  container 
having  a  capacity  of  739  millilitres  is 
advertised  or  labelled,  the  price  of  the 
drink  in  a  Class  1  container  having  a 
capacity  of  750  millilitres  is  similarly 
advertised  or  labelled,  and 

(ii)  section  1 1  on  the  basis  that  the  drink  in 
a  Class  1  container  having  a  capacity 
of  750  millilitres  may  be  substituted  in 
lieu  of  the  drink  in  a  Class  1  container 
having  a  capacity  of  739  millilitres; 
and 

(c)  the  carbonated  soft  drink  is  not  advertised  in 
739  millilitre  containers  in  any  advertising 


Reg.  299 


ENVIRONMENTAL  PROTECTION 


341 


directed  at  the  public  off  the  premises  at 
which  the  carbonated  soft  drink  is  sold. 
O.Reg.  72/80,  s.  1. 

13. — (1)  A  Class  4  container  shall  have  one  of 
the  following  capacities : 

1.  200  millihtres 

2.  300  millilitres 

3.  750  millilitres 

4.  1.5  litres 

O.  Reg.  687/76,  s.  13  (1);  O.  Reg.  146/77,  s.  5  (1). 

(2)  No  person  shall  sell  or  offer  for  sale  a  carbonated 
soft  drink  in  a  Class  1  container  manufactured  on  or 
after  the  1st  day  of  April,  1978  unless  the  container  is 
also  a  Class  4  container. 

(3)  No  retail  vendor  who  is  not  licensed  under  the 
Liquor  Licence  Act  shall  stock  or  sell  a  carbonated  soft 
drink  in  a  Class  4  container  having  a  capacity  of  200 
millilitres.     O.  Reg.  687/76,  s.  13  (2,  3). 

(4)  Subsection  (2)  does  not  apply  until  the  1st  day  of 
Januar\',  1982,  to  prohibit  the  sale  of  a  brand  of  carbo- 
nated soft  drink  that, 

(a)  has  not  been  manufactured  in  Class  2  or 
Class  3  containers  after  the  1st  day  of 
January,  1977; 

{b)  is  manufactured  by  a  manufacturer  who 
has  not  after  the  1st  day  of  January,  1977, 
manufactured  any  brand  of  carbonated 
soft  drink  in  a  Class  2  or  Class  3  container ; 
and 

(c)  has  been  manufactured  since  before  the 
1st  day  of  January,  1977.  O.  Reg.  146/77, 
s.  5  (2). 

14. — (1)  In  this  section  the  words  "containers 
of  a  single  capacity"  include,  where  a  container's 
capacity  is  marked  thereon  in  fluid  ounces,  con- 
tainers having  a  capacity  marked  thereon  in 
millihtres  provided  the  capacity  so  marked  is  not 
more  than  10  millilitres  more  nor  smaller  than 
10  millihtres  less  than  the  number  of  millihtres 
which  is  equivalent  to  the  number  of  fluid  ounces 
marked  on  the  other  containers  of  the  single 
capacity. 

(2)  Notwithstanding  subsection  13  (2),  a  person  may 
offer  for  sale  and  sell  carbonated  soft  drinks  of  a  single 
brand  in  Class  1  containers  of  a  single  capacity  greater 
than  16  fluid  ounces  not  mentioned  in  subsection  13 
(1),  provided  that, 

(a)  the  brahd  of  soft  drink, 


(i)  was  offered  for  sale  and  sold  in 
Ontario  on  or  before  the  1st  day  of 
August,  1976  in  Class  1  containers 
of  such  capacity, 

(ii)  was  not  offered  for  sale  or  sold  in 
Ontario  after  the  1st  day  of  April, 
1977  in  Class  2  or  Class  3  containers, 
and 

(iii)  was  not  offered  for  sale  or  sold  in 
Ontario  after  the  1st  day  of  April, 
1977  in  a  Class  1  container  of  a  differ- 
ent capacity  greater  than  16  fluid 
ounces; 

(6)  all  carbonated  soft  drinks  of  the  brand 
sold  by  the  person  in  Class  1  containers 
are  contained  in  Class  5  containers,  and 
each  Class  5  container  at  the  time  of  sale 
of  the  carbonated  soft  drink  is  full  and 
contains  at  least, 

(i)  twenty-four  Class  1  containers  of 
a  capacity  equal  to  or  less  than  16 
fluid  ounces,  or 

(ii)  six  Class  1  containers  of  a  capacity 
greater  than  16  fluid  ounces;  and 

(c)  a  separate  deposit  is  charged  for  each 
Class  5  container  that  is  not  less  than  25 
per  cent  of  the  amount  which  would  be 
required  to  be  paid  in  respect  of  the 
Class  1  containers  contained  therein  when 
returned  empty  if  section  3  were  appli- 
cable thereto. 

(3)  Notwithstanding  subsection  13  (2)  and  subsec- 
tion (2)  of  this  section,  a  person  may  offer  for  sale  and 
resell  by  way  of  an  on-premises  sale  a  carbonated  soft 
drink  sold  to  the  person  in  accordance  with  subsection 
(2). 

(4)  Notwithstanding  section  3,  a  person  who  sells  or 
offers  for  sale  a  carbonated  soft  drink  under  subsection 
(2)  may  charge  a  deposit  and  pay  an  amount  in  respect 
of  empt\'  Class  1  containers  that  is  different  from  the 
amount  required  by  section  3  to  be  paid  for  each  empty 
Cla.ss  1  container  provided, 

(a)  the  total  amount  charged  for  a  deposit 
in  respect  of  a  Class  5  container  and  the 
Class  1  containers  contained  therein  is  not 
less  than  125  per  cent  of  the  amount  that 
would  be  required  to  be  paid  on  the  return 
of  the  empty  Class  1  containers ;  and 

(6)  the  amount  charged  for  a  deposit  in 
respect  of  each  Class  1  container  is  not  less 
than  one-half  of  the  amount  that  would 
be  paid  on  the  return  of  the  empty  con- 
tainer, 

if  section  3  were  applicable  to  the  return  of  such 
empty  Class  1  containers. 


342 


ENVIRONMENTAL  PROTECTION 


Reg.  299 


(5)  Notwithstanding  section  6,  a  person  who  sells  or 
offers  for  sale  a  carbonated  soft  drink  under  subsection 
(2),  when  presented  with  an  empty  Class  1  or  Class  5 
container  that,  when  sold  at  retail  contained  the  brand 
of  carbonated  soft  drink  sold  by  such  person  under 
subsection  (2),  shall, 

(a)  accept  such  container  provided  it  is  intact 
and  in  a  reasonably  clean  condition ;  and 

{b)  pay  to  the  person  presenting  such  container 
an  amount  in  cash  not  less  than  the  full 
deposit  charged  in  respect  of  such  con- 
tainer under  clause  (2)  (c)  and  subsection 
(4).     O.  Reg.  146/77,  s.  6,  part. 

(6)  Every  retail  vendor  who  sells  or  offers  for  sale 
carbonated  soft  drinks  under  subsection  (2)  shall 
clearly  display  on  his  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  fur  each 
intact  and  reasonably  clean  refillable  container  of 
the  brand  of  carbonated  soft  drink  sold  here.", 

instead   of  the   notice   referred   to   in   subsection   8 
jl).     O.  Reg.  146/77,  s.  b,part;  O.  Reg.  811/77,  s.  1. 

(7)  A  retail  vendor  who  is  required  to  display 
the  notice  referred  to  in  subsection  6  may,  in  addition, 
display  the  following  notice : 

"Les  fuglemen ts  relatifs  a  la  Loi  sur  la 
protection  de  I'environnement  stipulent  que 
pour  les  boissons  gazeuses  vendues  ici,  chaque 
contenant  consigne  rendu  intact  et  raisonnable- 


ment  propre  de  fa<;on  qu'il  peut  resservir,  doit 
Stre  rembours^  int^gralement  et  en  especes." 
O.  Reg.  146/77,  s.  6, />ar<. 

15.  Where  a  brand  of  carbonated  soft  drink  is  not 
distributed  in  Ontario  in  1.5  litres  containers  except  by 
retail  vendors, 

(a)  a  retail  vendor  who  offers  to  sell  that  brand 
of  carbonated  soft  drink  in  Class  3  containers 
of  any  capacity  from  600  millilitres  to  one 
litre  where  the  container  was  filled  with 
the  carbonated  soft  drink  prior  to  the  1st  day 
of  October,  1979,  notwithstanding  the  provi- 
sion of  clause  11(1)  (a)  relating  to  the  stock- 
ing and  offering  for  sale  of  carbonated  soft 
drinks  in  Class  1  containers  of  the  same 
capacity,  is  not  required  to  stock  or  offer  for 
sale  that  brand  of  carbonated  soft  drink  in 
Class  1  containers  of  a  corresponding  capac- 
ity; 

{b)  subsection  12  (1)  does  not  apply  to  prevent 
the  sale  of  that  brand  of  carbonated  soft 
drink  in  a  Class  3  container  of  any  capacity 
from  600  millilitres  to  one  litre  where  the 
container  was  filled  with  the  carbonated  soft 
drink  prior  to  the  1st  day  of  October,  1979; 
and 

(c)  subsection  13  (2)  does  not  apply  to  prevent 
the  sale  of  that  brand  of  carbonated  soft 
drink  in  a  Class  1  container  having  a  capacity 
of  one  litre  where  the  container  was  filled  with 
the  carbonated  soft  drink  prior  to  the  1st  day 
of  January,  1980.  O.  Reg.  524/79,  s.  1; 
O.  Reg.  600/79,  s.  1;  O.  Reg.  765/79,  s.  1. 


Reg.  300 


ENVIRONMENTAL  PROTECTION 


343 


REGULATION  300 


under  the  En\ironmental  Protection  Act 


CONTAINERS  FOR  CARBONATED 
SOFT  DRINKS 

1.  Containers  are  classified  as  follows : 

1.  Class  1 — containers, 

i.  that  are  not  class  2,  3,  4,  5  or  6 
containers, 

ii.  that  are  sealed  or  intended  to  be 
sealed,  and 

iii.  in  which  carbonated  soft  drinks  under 
pressure  are  sold  or  are  intended  to  be 
sold. 

Class  2 — containers, 

i.  that  contain  or  are  intended  to  contain 
a  product  or  products  sold  or  intended 
for  sale, 

ii.  that  will  be  accepted  for  re-use  as 
containers  by  retail  vendors,  dis- 
tributors, processors  or  the  manufac- 
turer or  manufacturers  of  the  product 
or  products, 

iii.  for  which  a  deposit  is  or  will  be 
charged  at  the  time  of  sale  of  the 
product  or  products  at  retail,  and 

iv.  for  which,  as  used  containers,  money 
or  money's  worth  will  be  paid  or  given 
by  retail  vendors,  distributors,  pro- 
cessors or  the  manufacturer  or 
manufacturers  of  the  product  or 
products. 


3.  Class  3 — containers  that  are  cylindrical  cans 
that  each  have, 

i.  a  body  and  at  least  one  end  made  of 
steel,  and 

ii.  a  label  or  marking  indicating  that  a 
can  contains  a  stated  amount  that  is 
not  less  than  280  millilitres  and  not 
more  than  300  millilitres. 

4.  Class  4— containers  that  are  glass  bottles 
that  each  have  a  label  or  marking  in- 
dicating that  the  bottle  contains  a  stated 
amount  that  is  not  more  than  1.5  litres. 

5.  Class  5 — containers, 

i.  that  are  used  or  intended  for  use  to 
contain  a  product  in  bulk, 

ii.  that  are  for  use  in  connection  with  soft 
drink  dispensing  machines,  and 

iii.  that  are  accepted  for  re-use  as  con- 
tainers by  retail  vendors,  distributors, 
processors  or  the  manufacturer  or 
manufacturers  of  the  product. 

6.  Class  6 — containers  that  contain  or  are 
intended  to  contain  containers.  O.  Reg. 
998/75,  s.  1;  O.  Reg.  810/77,  s.  1;  O.  Reg. 
398/80,  s.  1. 


2.  No  person  shall  use  or  sell  for  use  in  Ontario 
a  Class  1  container.     O.  Reg.  998/75,  s.  2. 


Reg.  301 


ENVIRONMENTAL  PROTECTION 


345 


REGULATION  301 

under  the  Environmenta)  Protection  Act 


COPPER  CLIFF  SMELTER  COMPLEX 

L  This  Regulation  applies  to  Inco  Limited  and  to 
emissions  of  sulphur  dioxide  from  the  Copper  Cliff 
Smelter  Complex  of  Inco  Limited  in  The  Regional 
Municipality  of  Sudbury.     O.  Reg.  712/80,  s.  1. 

2.  In  this  Regulation, 

(a)  "ton"  means  a  short  ton; 

0)  "working  day"  means  any  day  on  which  a 
process  unit  of  the  Copper  Cliff  Smelter  Com- 
plex receives  sulphur-bearing  process  feed 
material  and  emits  any  sulphur  dioxide  to  the 
atmosphere.     O.  Reg.  712/80,  s.  2. 

3.— -(1)  Emissions  during  each  of  the  four  periods, 
each  beginning  on  the  2nd  day  of  September,  1980  and 
respectively  ending  at  the  end  of  the  third  and  fourth 
calendar  quarters  of  1980,  and  the  first  and  second 
calendar  quarters  of  1981,  shall  not  exceed,  in  the 
average,  2,500  tons  per  working  day. 


(2)  Emissions  during  each  twelve-month  period 
respectively  ending  at  the  end  of  the  third  and  fourth 
calendar  quarters  of  1981,  each  calendar  quarter  of 
1982  and  the  first  three  calendar  quarters  of  1983,  shall 


not  exceed,  in  the  average,  2,500  tons  per  working 
day. 

(3)  Emissions  during  each  twelve-month  period 
ending  at  the  end  of  the  fourth  calendar  quarter  of  1 983 
and  each  calendar  quarter  thereafter  shall  not  exceed, 
in  the  average,  1,950  tons  per  working  day. 

(4)  For  purposes  of  subsections  (1),  (2)  and  (3),  the 
amount  of  sulphur  dioxide  emitted  on  any  working  day 
for  which  an  accurate  record  is  kept  shall  be  the 
amount  so  recorded  and  for  which  an  accurate  record 
is  not  kept  shall  be  deemed  to  be  the  greater  of, 

(a)  the  number  of  tons  that  can  be  established  to 
have  been  emitted;  or 

(b)  2,500  tons  for  a  working  day  up  to  the  31st 
day  of  December,  1982  and  1,950  tons  for  a 
working  day  after  the  31st  day  of  December, 
1982. 

(5)  Where,  in  the  average,  emissions  exceed  2,500 
tons  per  working  day  with  respect  to  any  period  re- 
ferred to  in  subsection  (1),  there  shall  be  deemed  to  be 
no  contravention  of  subsection  (1)  in  respect  of  that 
period  if,  in  the  average,  emissions  per  working  day 
for  a  period  of  twelve  months  ending  at  the  end  of  that 
period  do  not  exceed  2,500  tons.  O.  Reg.  712/80, 
s.  3. 


Reg.  302 


ENVIRONMENTAL  PROTECTION 


347 


REGULATION  302 


under  the  Hnvironinental  Protection  Act 


CROWN  WASTE  DISPOSAL  SITES 

1.  In  this  Regulation, 

(a)  "Crown  waste  disposal  site"  means, 

(i)  any  waste  disposal  site  for  the  treat- 
ment or  disposal  of  waste  in  the  Town 
of  Haldimand  in  The  Regional 
Municipality  of  Haldimand-Norfolk 
on  any  part  of  lots  10  to  21,  Conces- 
sion 4  or  lots  10  to  21,  Concession  5  in 
the  former  Township  of  South 
Cayuga,  and 

(ii)  any  waste  disposal  site  established  on 
land  owned  or  occupied  by  Her 
Majesty  the  Queen  in  right  of  Ontario 
or  any  agent  thereof  for  purposes  of 
collecting  waste  for  trans-shipment  to 
a  waste  disposal  site  at  a  location  refer- 
red to  in  subclause  (i); 

(6)  "sewage"  means, 

(i)  liquid  waste,  including  liquid  indus- 
trial waste,  received  at  a  South  Ca\  uga 
Sewage  Works  by  sewer,  motor 
vehicle  or  other  means  for  treatment  or 
disposal,  and 


(ii)  waste  contaminated  by  liquid  waste 
that  is  received  at  a  South  Cayuga 
Sewage  Works  by  sewer,  motor 
vehicle  or  other  means  for  treatment  or 
disposal;  and 

(c)  "South  Cayuga  Sewage  Works"  means  any 
works  from  time  to  time  established  in  the 
Town  of  Haldimand  in  The  Regional  Munici- 
pality of  Haldimand-Norfolk  on  any  part  of 
lots  10  to  21,  Concession  4  or  lots  10  to  21, 
Concession  5  in  the  former  Township  of 
South  Ca\  uga  for  purposes  of  receiving  and 
treating  or  disposing  of  liquid  waste  and 
waste  contaminated  by  liquid  waste.  O. 
Reg.   1121/80.  s.   1. 

2.  Crown  waste  flisposal  sites  are  classified  as  a 
class  of  waste  disi)osal  sites  an<l  are  exempt  from  sec- 
tion 30  of  the  Act.     O.  Reg.   1121/80,  s.  2. 

3.  Ever>  per.son  who  is  the  Director  in  respect  of 
.section  30  of  the  Act  is  classified  as  a  class  of  persons 
and  is  exempt  from  the  requirement  to  hold  a  hearing 
under  subsection  30  (1)  of  the  Act.  O.  Reg.  1121/80, 
s.  3. 

4.  Sewage  is  designated  as  a  waste  and  is  exempt 
from  Part  V  of  the  Act.     O.  Reg.  1121/80,  s.  4. 


Reg.  303 


ENVIRONMENTAL  PROTECTION 


349 


REGULATION  303 


under  the  Kn\ironmental  Protection  Act 


DEEP  WELL  DISPOSAL 

INTERPRETATION 

1.  In  this  Regulation, 

(a)  "barrel"  means  35  standard  Canadian 
gallons  as  defined  by  the  Weights  and 
Measures  Ad  (Canada) ; 

(6)  "deep  well  disposal"  means  the  discharge 
of  liquid  waste  into  a  geological  forma- 
tion by  means  of  a  well ; 

(c)  "Detroit  River  Group"  means  the  geo- 
logical formations  generally  known  as 
the  Detroit  River  Group  of  formations 
of  Devonian  age ; 

(d)  "liquid  industrial  waste"  means  liquid 
waste  that  results  from  industrial  pro- 
cesses or  manufacturing  or  commercial 
operations ; 

{e)  "lost  circulation  zone"  means  a  zone 
within  a  geological  formation  generally 
known  by  this  name  and  into  which  wastes 
can  be  discharged  without  positive  in- 
jection pressure  at  the  surface; 

(/)  "oil  field  brine"  means  brine  produced  in 
association  with  oil  and  pas  drilling  and  pro- 
duction operations  that  are  controlled  under 
the  Petroleum  Resources  Act; 

(g)  "surface  facilities"  means  storage  or  treat- 
ment facilities  provided  at  the  disposal 
site  for  liquid  waste  before  discharge  into 
the  subsurface  and  includes  piping,  pumps, 
valves,  tankage,  instrumentation  and  other 
equipment.     O  Reg.  152/73,  s.  1. 

DESIGNATION   AND   EXEMPTION   OF   WASTES 

2.  The  following  is  designated  a  waste: 
Oil  field  brine.     O.  Reg.  1 52/73,  s.  2. 

3.  The  following  waste  is  exempted  from  the  Act 
and  this  Regulation ; 

Oil  field  brine.     O  Reg  152/73.  s.  3. 

CLASSIFICATION  OF  WASTE   DISPOSAL  SITE 

4.  The  following  is  classified  as  a  waste  disposal 
site: 


Deep  well  disposal  site.     O.  Reg.  152/73,  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  maintenance  of  surface  facilities  pro- 
vided 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  operation. 

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  safeguards  maintained  for  the  pre- 
vention of  accidents  or  spills  at  the  site. 

6.  All  wells  to  be  used  for  deep  well  disposal 
shall  conform  to  the  requirements  of  the  Pet- 
roleum Resources  Act  and  Regulation  752  of 
Revised  Regulations  of  Ontario,  1980. 

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  in- 
vestigation 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. 


350 


ENVIRONMENTAL  PROTECTION 


Reg.  303 


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  composition  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  in- 
jection 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  contained  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.  O.  Reg. 
152/73.  s.  5. 


6.  The  following  are  prescribed  as  the  rates  of 
the  fees  for  the  disposal  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  disposed  of  in  the 
well, 

up  to  and  including  25 

million  barrels V4^  per  barrel 


more  than  25  million 
barrels  and  up  to  and 
including  50  million 
barrels 


^^  per  barrel 


more  than  50  million 
barrels  and  up  to  and 
including  100  million 
barrels. . 1/20^  per  barrel 

more  than  100  million 
barrels  and  up  to  and 
including  200  million 
barrels 1/50^  per  barrel 

more  than  200  million 

barrels 1/100^  per  barrel 

2.  For  the  cumulative  total 
of  all  waste  other  than 
brine  disposed  of  in  the 
well, 


up  to  and  including 
100  thousand  barrels. 

more  than  100  thou- 
sand barrels  and  up  to 
and  including  500 
thousand  barrels.  .  .  . 


20^  per  barrel 


10^  per  barrel 


more  than  500  thou- 
sand barrels 


5^  per  bkrrel 
O.  Reg.  231/74,  s.  1. 


LOCATION  OF  SITES 

7. — (1)  Subject  to  subsection  (2),  no  deep  well  dis- 
posal 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  circu- 
lation zone  in  the  Detroit  River  Group  within  five 
miles  of  the  St.  Clair  River.     O.  Reg.  232/74,  s.  1. 


Reg.  304 


ENVIRONMENTAL  PROTECTION 


351 


REGULATION  304 

under  the  Environmental  Protection  Act 


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. 
O.  Reg.  849/80,  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  a  waste  for  the  pur- 
poses of  clause  24  (d)  of  the  Act.     O.  Reg.  849/80,  s.  2. 

3.  The  waste  designated  by  section  2  is  exempt  from 
the  provisions  of  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.     O.  Reg.  849/80,  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,  estab- 
lishment, alteration  or  enlargement  of  the  site  that  pro- 
hibits the  disposal  of  waste  at  the  site  after, 

(a)  the  31st  day  of  May,  1981,  unless  an 
environmental  assessment  has  been  submit- 
ted under  the  first  condition  of  an  exemption 
order  made  under  section  29  of  the  Environ- 
mental Assessment  Act  and  being  Ontario 
Regulation  780/80;  and 

(b)  the  31st  day  of  March,  1982,  except  in 
accordance  with  an  approval  issued  under 
the  Environmental  Assessment  Act.  O.  Reg. 
849/80,  s.  4. 


Reg.  305 


ENVIRONMENTAL  PROTECTION 


353 


REGULATION  305 


under  the  Knvironmental  Protection  Act 


DISCHARGE  OF  SEWAGE  FROM  PLEASURE 
BOATS 

1.  In  this  Regulation, 

(a)  "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  pur- 
poses; 

(b)  "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, 

(i)  liquid  wastes,  free  of  solids,  from 
water  used  in  a  pleasure  boat  for 
household  purposes,  or 

(ii)  exhaust  wastes,  cooling  water  and 
bilge  water  from  a  pleasure  boat ; 

(c)  "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 ; 

{d)  "toilet",  in  relation  to  a  pleasure  boat, 
means  equipment  designed  or  used  for  de- 
fecation or  urination  by  humans.  R.R.O. 
1970,  Reg.  644,  s.  1;  O.  Reg.  419/74,  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. 
1970,  Reg.  644.  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  equip- 
ment ;  and 

(b)  such  toilet  and  storage  equipment  are 
installed  so  as  to  be  non-portable.  R.R.O. 
1970,  Reg.  644,  s.  3;  O.  Reg.  419/74,  s.  2. 

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 ; 

(6)  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; 

(c)  no  means  of  removal  of  toilet  waste  is  pro- 
vided other  than  the  means  mentioned  in 
clause  (b); 

{d)  equipment  designed  for  the  incineration  and 
storage  of  human  excrement  is  suppHed  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  congruent  with  one  another  and 
the  boat.  R.R.O.  1970,  Reg.  644,  s.  5; 
O.  Reg.  419/74,  s.  4. 


Ash 


Reg.  306 


ENVIRONMENTAL  PROTECTION 


355 


REGULATION  306 


under  the  Hnvironmental  Protection  Act 


DISPOSABLE  CONTAINERS  FOR  MILK 


1.  In    this    Regulation, 
means  a  container, 


"disposable    container" 


{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,  pro- 
cessor, distributor  or  retail  vendor  of  the 
product  or  products  sold  or  intended  for 
sale  in  the  container.     O.  Reg.  368/72,  s.  1. 


2.  Disjx)sable  containers,  other  than, 

(a)  plastic  film  pouches ; 

(6)  coated  paper  containers;  and 

(c)  any  disposable  container  having  a  capacity 
of  less  than  one  pint, 


in  which  fluid  milk  products  are  or  are  intended 
to  be  sold  are  classified  as  disposable  containers  for 
milk.     O.  Reg.  368/72,  s.  2. 

3.  No  person  shall  use  a  disposable  container  for 
milk  as  a  container  for  a  fluid  milk  product  that  is 
or  is  intended  to  be  sold  for  consumption  off  the 
premises  of  the  retail  vendor  of  the  fluid  milk 
product.     O.  Reg.  368/72,  s.  3. 


Reg.  307 


ENVIRONMENTAL  PROTECTION 


357 


REGULATION  307 

under  the  Environmental  Protection  Act 


DISPOSABLE  PAPER  CONTAINERS 
FOR  MILK 

1.  In    this    Regulation,    "disposable    container" 
means  a  container, 

(a)  that  is  used  to  contain  a  product  or  prod- 
ucts 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 ; 


(b)  for  which  no  deposit  is  or  will  be  charged 
at  the  time  of  sale  of  the  product  or  prod- 
ucts at  retail  and  for  which,  as  a  used  con- 
tainer, 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.     O.  Reg.  533/72,  s.  1. 

2.  Notwithstanding  section  2  of  Regulation  306  of 
Revised  Regulations  of  Ontario,  1980,  disposable 
containers, 

(a)  that  are  plastic  coated  paper  containers  of 
more  than  two  quarts  capacity;  and 

(6)  in  which  fluid  milk  products  are  or  are 
intended  to  be  sold, 

are   classified   as   disposable   paper  containers   for 
milk.    O.  Reg.  533/72,  s.  2. 

3.  No  person  shall  use  a  disposable  paper  con- 
tainer for  milk.    O.  Reg.  533/72,  s.  3. 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


359 


REGULATION  308 

under  the  Environmental  Protection  Act 


GENERAL— AIR  POLLUTION 

INTERPRETATION 

1.  In  this  Regulation, 

(fl)  "air  pollution  episode"  means  an  occasion 
when  air  contamination  is  at  such  a  level 
and  for  such  a  period  of  time  that  the  air 
contamination  may  become  the  cause  of 
increased  human  sickness  and  mortality ; 

(b)  "air  pollution  index"  means  a  series  of  num- 
bers expressing  the  relative  levels  of  air  pol- 
lution and  taking  into  consideration  one  or 
more  air  contaminants ; 

(c)  "equipment"  includes  apparatus,  device, 
mechanism  or  structure; 

(d)  "fuel  burning  equipment"  includes  equip- 
ment designed  to  burn  fuel  but  does  not 
include  an  internal  combustion  engine; 

(e)  "highway"  means  highway  as  defined  in  sub- 
section 1  (1)  of  the  Highway  Traffic  Act; 

(f)  "incinerator"  includes  equipment  used  for 
the  burning  of  waste ; 

ig)  "opacity"  means, 

(i)  the  color  of  a  visible  emission  in 
shades  of  grey  to  black,  or 

(ii)  the  degree  to  which  a  visible  emission 
obstructs  the  passage  of  light ; 

(A)  "point  of  emission"  means  the  point  at 
which  a  contaminant  enters  the  natural 
environment ; 

(t)  "visible  emission"  means  any  contaminant 
which  can  be  detected  by  the  naked  eye. 
R.R.O.  1970,  Reg.  15,  s.  1 ;  O.  Reg. 
873/74,  s.  1. 

APPLICATION 

2.  The  Act  and  this  Regulation  apply  to  all  areas 
within  Ontario.    R.R.O.  1970,  Reg.  15,  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  8  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  residence. 

3.  Fuel  burning  equipment  used  solely  for 
the  purpose  of  comfort  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.    O.  Reg.  873/74,  s.  2. 

AIR   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  pKjIlution  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  num- 
ber 32,  designated  as  Air  Advisory  Level,  and  meteoro- 
logical forecasts  indicate  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  make 
preparation  for  the  curtailment  of  such  operations 
as  are  specified  by  the  Minister. 

(4)  Where  the  air  pollution  index  reaches  the  num- 
ber 50,  designated  as  First  Air  Pollution  Alert,  and 
meteorological  forecasts  indicate  a  six  hour  prolonga- 
tion 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  operations  as  are  specified  by  the 
Minister.    R.R.O.  1970.  Reg.  15,  s.  4. 

CONTROL   OF   AIR   CONTAMINANTS 

5. — (1)  The  maximum  concentration  of  a  con- 
taminant set  out  in  Column  1  of  Schedule  1  at  a 


360 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


point  of  impingement  from  a  source  of  contaminant, 
other  than  a  motor  vehicle,  shall  not  be  greater 
than  the  concentration  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  impingement  may  be  calculated  in  accordance 
with  the  Appendix. 

(3)  No  person  shall  cause  or  permit  the  concentra- 
tion of  a  contaminant  at  a  point  of  impingement 
to  exceed  the  standard  prescribed  in  Schedule  1. 
O.  Reg.  873/74,  s.  3,  part. 

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 ; 

(6)  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.  1970, 
Reg.  15,  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  approximately 
twenty  per  cent  of  the  area  is  black; 

(6)  the  area  within  the  square  designated  as 
number  2  shall  have  b^ack  dots  or  lines 
evenly  spaced  such  that  approximately 
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.  O.  Reg.  873/74, 
s.  3,  part. 

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  emis- 
sion ;  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  may, 

(a)  be  in  shades  of  grey  darker  than  number 
1,  but  not  darker  than  number  2  on  the 
Visible  Emission  Chart  of  the  Province  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, 

for  a  period  of  not  more  than  four  minutes  in  the 
aggregate  in  any  thirty-minute  period.  O.  Reg. 
873/74,  s.  3,  part. 

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, 
resulting  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  with  parti- 
culars of  such  failure,  change  or  shut- 
down, and 

(ii)  furnish  the  provincial  officer  with  the 
particulars  in  wtiting,  as  soon  as  is 
practicable,  of  such  failure,  change  or 
shut-down ;  and 

(6)  the  provincial  officer,  where  he  considers  it 
advisable,  may  authorize,  in  writing,  the 
continuance  of  such  operation  for  such 
period  of  time  as  he  considers  reasonable 
in  the  circumstances  and  may  impose  upon 
the  owner  or  operator  such  terms  and 
conditions  for  such  continued  operation 
as  he  considers  necessary  in  the  circum- 
stances. R.R.O.  1970,  Reg.  15,  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  or  waste  for  the 
burning  of  which  the  equipment  or  incinerator  was 
designed. 

(2)  No  person  shall  bum  or  f)ermit  to  be  burned  in 
any  fuel  burning  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. 
1970,  Reg.  15,  s.  10. 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


361 


11.  Except  for  heat,  sound,  vibration  or  radiation, 
no  person  shall, 

(a)  construct,  alter,  demolish,  drill,  blast, 
crush  or  screen  anything  or  cause  or  permit 
the  construction,  alteration,  demolition, 
drilling,  blasting,  crushing  or  screening  of 
anything  so  that  a  contaminant  is  carried 
beyond  the  limits  of  the  property  on 
which  the  construction,  alteration,  demoli- 
tion, drilling,  blasting,  crushing  or  screen- 
ing is  being  carried  out ;  or 

(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. 
O.  Reg.  873/74.  s.  4. 

12. — (1)  No  person  shall  operate  or  permit  the 
operation  of, 

(o)  an  apartment  incinerator,  domestic  inciner- 
ator, multiple  chamber  incinerator  or 
starved  air  incinerator  burning  domestic 
waste; 


(b)  a  multiple  chamber  incinerator  or  a  starved 
air  incinerator  burning  solid  industrial 
waste; 

(c)  an  incinerator  burning  liquid  industrial 
waste,  industrial  slurries  or  sludges,  sewage 
sludges  or  slurries,  gaseous  wziste,  organic 
vapour  or  fume;  or 

(d)  a  municipal  incinerator  burning  solid  wjiste 
or  sludges, 

that  causes  or  is  likely  to  cause  a  concentration  in  the 
combustion  gases  emitted  into  the  natural  environ- 
ment, of  organic  matter  having  a  carbon  content,  ex- 
pressed as  equivalent  methane,  being  an  average  of 
ten  measurements  taken  at  approximately  one  minute 
intervals,  greater  than  100  parts  per  million  by  vol- 
ume, measured  on  an  undiluted  basis. 

(2)  Subsection  (1)  does  not  apply  to  prohibit  the 
operation  of  a  catalytic  incinerator.  O.  Reg.  834/80, 
s.  1. 

13.  No  person  shall  store,  handle  or  transport  any 
solid,  liquid  or  gaseous  material  or  substance  in  such 
manner  that  an  air  contaminant  is  released  to  the 
atmosphere.     R.R.O.  1970,  Reg.  IS.  s.  12. 


362  ENVIRONMENTAL  PROTECTION  Reg.  308 

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 
live  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) 

0.6  X  10«  X  Q 


K  = 


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  emission  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. 


Reg.  308 ENVIRONMENTAL  PROTECTION 363 

(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  p>oint  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) 

(ill)  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 

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) 


K=.;^^4*^x.p[-^g)-].{e.[->f-^y].e.[-^(-H)-]} 


10*  X  Q  X  F 
31.4  X  6y  X  62 


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  direction  of  the  wind  through 
the  wind-oriented  centre  of  the  building  or  structure  on  which  the  point  of 
emission  is  located 
(see  figures  11  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  impingement 

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  (6). 

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 


364 ENVIRONMENTAL  PROTECTION  Reg.  308 

6y  is  determined  as  follows : 

/s'  -A 

y       4  3  where  A  is  the  greatest  width,  in  metres,  presented  to  the  wind  by 
the  building  or  structure  on  which  the  point  of  emission  is  located,  measured 
horizontally  and  perpendicularly  to  the  direction  of  the  wind 
{see  figure  13) 

where  6y  is  equal  to  or  less  than  243.45 

1.08172 
calculate  Xy  =  6.554  6y 

where  6y  is  greater  than  243.45 

1.14616 
calculate  X^  =  4.524  6y 

and  calculate 

Xy  =  G  +  Xy  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 

0.92445 
calculate  6y  =  0.176  Xy 

where  the  value  of  Xy  is  greater  than  2500 

0.87248 
calculate  6y  =  0.268  Xy 

6z  is  determined  as  follows : 

B 

2  15  ^here  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  6z  is  equal  to  or  less  than  141.41 

1.08783 
calculate  X^  =  12.027  6^^ 

where  6'z  is  greater  than  141.41 

1.10419 
calculate  Xz  =  10.418  6z 

and  calculate  Xz  =  G  +  Xz  where  G  has  the  same  value  for  G  as  used  in 
the  equation 

Xy  =  G  +  X^ 

Where  the  value  of  Xz  is  equal  to  or  less  than  2500 

0.91926 
calculate  6z  =  0.106  Xz 

where  Xz  is  greater  than  2500 

0.90564 
calculate  6^  =  0.120  Xz 


Reg.  308 ENVIRONMENTAL  PROTECTION 365 

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 : 
,,   _  A 

y  "  4  3  where  6y  has  the  same  value  as  6y  determined  for  value  number  1 
for  K 

where  6y  is  equal  to  or  less  than  49.01 

1.07455 
calculate  X'^  =  10.686  6' 

where  6y  is  greater  than  49.01  and  less  than  409.32 

1.08889 
calculate  X'    =  10.020  6' 

^  y 

where  6y  is  equal  to  or  greater  than  409.32 

1.15556 
calculate  X'     =  6.760  6' 

\  y 

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 
0.93062 

calculated    =  0.110  X,, 
y  ^ 

where  Xy  is  greater  than  700  and  less  than  7000 

0.91837 

calculate  6    =  0.120  X,, 
y  ^ 

where  X.,  is  equal  to  or  greater  than  7000 

0.86538 
calculate  6    =  0.191  X,, 

y  ^ 

67,  is  determined  as  follows . 

.>  _    B 

2  15  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  d'z  is  equal  to  or  less  than  24.64 

1.16918 

calculate  X'    =  16.524  6' 
Z  z 

where  635  is  greater  than  24.64  and  less  than  1 10.75 

1.53965 

calculate  X'    =  4.984  6' 
Z  z 

where  62  is  equal  to  or  greater  than  1 10.75 

1.85677 
calculate  X'z  =  1 .090  6'z 


366 ENVIRONMENTAL  PROTECTION Reg.  308 

and  calculate 

Xz  =  G  +  Xz  where  G   has  the  same  value  for  G  determined   for  value 
number  1  for  K 

where  Xz  is  equal  to  or  less  than  700 

0.8553 
calculate  6^  =  0.091  Xz 

where  X^  is  greater  than  700  and  less  than  7000 

0.6495 
calculate  6^  =  0.352  Xz 

where  Xz  is  equal  to  or  greater  than  7000 

0.53857 
calculate  6z  =  0.955  Xz 

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  emission  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  circum- 
scribing 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  11) 

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-oriented  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  sub- 
clauses 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) 


^         10*  X  Q  X  F 
~  6.28  X  6y  X  6z  X 


u><-p[-^(jyy]^{-p[-i(v^j]^''p["H^)l} 


Where:     K  is  the  half  hour  average  concentration  of  the  contaminant  at  the  point  of 
impingement  in  micrograms  per  cubic  metre 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


367 


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 

6y  is  a  function  which  defines  the  amount  of  dispersion  of  the  contaminant  in  a 
horizontal  direction  at  the  point  of  impingement 

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  + 


(^)x[l5  +  2.68'^--f^"'] 


Where :      h  is  the  height  above  grade,  in  metres,  of  the  point  of  emission 

Vg  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 


368 ENVIRONMENTAL  PROTECTION Reg.  308 

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 

0.92445 
6y  =  0.176X 

When  the  value  of  X  is  greater  than  2500 

""•'*^''  0.87248 

6y  =  0.268X 

6z  is  determined  as  follows: 

When  the  value  of  X  is  determined  in  the  calculation  of  6y  is  equal  to  or  less 
than  2500 

0.91926 
6z  =  0.106X 

When  the  value  of  X  is  greater  than  2500 

0.90564 
6z  =  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 

0.93062 
6y  =  0.110  X 

Where  the  value  of  X  is  greater  than  700  but  less  than  7000 

0.91837 
6y  =  0.120  X 

Where  the  value  of  X  is  equal  to  or  greater  than  7000 

0.86538 
6y  =  0.191  X 

6z  is  determined  as  follows: 

Where  X  has  the  same  value  as  determined  in  the  calculation  of  6y 

Where  X  is  equ£il  to  or  less  than  700 

0.8553 
6z  =  0.091  X 


Reg.  308 ENVIRONMENTAL  PROTECTION 369 

Where  X  is  greater  than  700  but  less  than  7000 

0.6495 
6z  =  0.352  X 

Where  X  is  equal  to  or  greater  than  7000^ 

0.53857 
6z  =  0.955  X 

{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  f)er  second.  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  vs  is  less  than  7  metres  per  second  the  value  of  vg  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  figure  22) 

7.  In  the  calculation  of  K  at  ground  level,  the  value  of  X  shaU  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  maximum  value  of  K  is  found. 

{(i)  where  the  emissions  of  a  contaminant  are  from  more  than  one  source,  the  contaminant 
concentrations  at  the  point  of  impingement,  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  applicable.  The  largest  aggregate  K  obtained  shall 
be  the  value  of  K  to  apply  in  this  Regulation.     O.  Reg.  873/74,  s.  6. 


370 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


1 

t 

s     ^ 

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S3dX3W  02  NVHl  SS3"l\ 

POINT  OF 
IMPINGEM 

\        AIR 
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g  z 

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CO 

li. 

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cr 

O 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


371 


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m 


o 

I- 

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ii 


3 

o 
a: 


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3 

S2 


I- 

o 


372 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


373 


374 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


ID 
UJ 

CD 
U. 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


375 


i 

o 

a: 

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\       ^  \ 

\         ^     \ 

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3 


376 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


^ 

o 

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\        \               cc                   \ 

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Reg.  308 


ENVIRONMENTAL  PROTECTION 


377 


378 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


379 


380 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


N 

n 

1   \ 
1      \ 

/ 

/ 

X 

/ 

\ 

\ 

/ 
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\ 

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i|i 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


381 


1- 

fei 

h-UJ 

ll 

• 

\ 

ui 
q: 


382 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


383 


384 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


385 


386 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


387 


o 


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3f 

o 

1- 

Q 

o 

UJ 

^ 

a: 

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go 


388 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


389 


390 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


Reg.  308 


ENVIRONMENTAL  PROTECTION 


391 


O.  Reg.  873/74,  s.  7,  part. 


392 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


Schedule  1 


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. 

Acrylonitrile 

Micrograms  of  acrylonitrile  per  cubic 
metre  of  air 

2,200 

6. 

Ammonia 

Micrograms  of  ammonia  per  cubic  metre 
of  air 

3,600 

7. 

Antimony 

Total  micrograms  of  antimony  in  free 
and  combined  form  per  cubic  metre  of 
air 

75 

8. 

Arsenic 

Total  micrograms  of  arsenic  in  free  and 
combined  form  per  cubic  metre  of  air 

75 

9. 

Arsine 

Micrograms  of  arsine  per  cubic  metre  of 
air 

10 

10. 

Benzene 

Micrograms  of  benzene  per  cubic  metre 
of  air 

10,000 

11. 

Beryllium 

Total  micrograms  of  beryllium  in  free 
and  combined  form  per  cubic  metre  of 
air 

0.03 

12. 

Boron  Tribromide 

Micrograms   of   boron    tribromide   per 
cubic  metre  of  air 

100 

13. 

Boron  Trichloride 

Micrograms    of    boron    trichloride    per 
cubic  metre  of  air 

100 

14. 

Boron  Trifluoride 

Micrograms    of    boron    trifluoride    per 
cubic  metre  of  air 

5.0 

15. 

Boron 

Total  micrograms  of  boron  in  free  and 
combined  form  per  cubic  metre  of  air 

100 

16. 

Bromine 

Micrograms  of  bromine  per  cubic  metre 
of  air 

70 

17. 

Cadmium 

Total  micrograms  of  cadmium  in  free 
and  combined  form  per  cubic  metre  of 
air 

5.0 

Reg.  308 


ENVIRONMENTA.L  PROTECTION 


393 


Item 

Column  1 

Column  2 

Column  3 

Name  of  Contaminant 

Unit  of  Concentration 

Concentration  at  Point 

of  Impingement — Half 

Hour  Average 

18. 

Calcium  Hydroxide 

Micrograms  of  calcium  hydroxide  per 
cubic  metre  of  air 

27 

19. 

Calcium  Oxide 

Micrograms  of  calcium  oxide  per  cubic 
metre  of  air 

20 

20. 

Carbon  Black 

Micrograms  of  carbon  black  per  cubic 
metre  of  air 

25 

21. 

Carbon  Bisulphide 

Micrograms  of  carbon   disulphide   per 
cubic  metre  of  air 

330 

22. 

Carbon  Monoxide 

Micrograms   of   carbon    monoxide   per 
cubic  metre  of  air 

6,000 

23. 

Carbon  Tetrachloride 

Micrograms  of  carbon  tetrachloride  per 
cubic  metre  of  air 

20,000 

24. 

Chlorine 

Micrograms  of  chlorine  per  cubic  metre 
of  air 

300 

25. 

Chlorine  Dioxide 

Micrograms    of    chlorine    dioxide    per 
cubic  metre  of  air 

85 

26. 

Chromium 

Total  micrograms  of  chromium  in  free 
and  combined  form  per  cubic  metre  of 
air 

30 

27. 

Copper 

Total  micrograms  of  copper  in  free  and 
combined  form  per  cubic  metre  of  air 

100 

28. 

Cresols 

Micrograms  of  cresols  per  cubic  metre 
of  air 

230 

29. 

Decaborane 

Micrograms   of  decaborane   per   cubic 
metre  of  air 

50 

30. 

Detergent  Enzyme 
(Subtilisin) 

Micrograms  of  subtilisin  per  cubic  metre 
of  air 

1.0 

31. 

Diborane 

Micrograms  of  diborane  per  cubic  metre 
of  air 

20 

32. 

Dicapryl  Phthalate 

Micrograms  of  dicapryl  phthalate  per 
cubic  metre  of  air 

100 

33. 

Dimethyl  Disulphide 

Micrograms  of  dimethyl  disulphide  per 
cubic  metre  of  air 

40 

34. 

Dimethyl  Sulphide 

Micrograms  of  dimethyl  sulphide  per 
cubic  metre  of  air 

30 

35. 

Dioctyl  Phthalate 

Micrograms   of  dioctyl   phthalate   per 
cubic  metre  of  air 

100 

36. 

Dustfall 

Micrograms  per  square  metre 

8.000 

394 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


Item 

COIA.MN    1 

Column  2 

Column  3 

Name  of  Contaminant 

Unit  of  Concentration 

Concentration  at  Point 

of  Impingement  -Half 

Hour  Average 

37. 

Ethyl  Acetate 

Micrograms  of  ethyl  acetate  per  cubic 
metre  of  air 

19,000 

38. 

Ethyl  Acrylate 

Micrograms  of  ethyl  acrylate  per  cubic 
metre  of  air 

4.5 

39. 

Ethyl  Benzene 

Micrograms  of  ethyl  benzene  per  cubic 
metre  of  air 

4,000 

40. 

Ethylene  Oxide 

Micrograms  of  ethylene  oxide  per  cubic 
metre  of  air 

28,500 

41. 

Ferric  Oxide 

Micrograms   of  ferric   oxide   f)er  cubic 
metre  of  air 

75 

42. 

Fluorides, 
(Gaseous) 
(April  15  to  October  15) 

Micrograms  of  gaseous,  inorganic  fluo- 
ride per  cubic  metre  of  air  expressed 
as  hydrogen  fluoride 

4.3 

43. 

Fluorides, 

(Total) 

(April  15  to  October  15) 

Total  micrograms  of  inorganic  fluoride 
per   cubic    metre   of   air   expressed    as 
hydrogen  fluoride 

8.6 

44. 

Fluorides, 

(Total) 

(October  16  to  April  14) 

Total  micrograms  of  inorganic  fluoride 
per   cubic    metre    of   air   expressed    as 
hydrogen  fluoride 

17.2 

45. 

Formaldehyde 

Micrograms  of  formaldehyde  per  cubic 
metre  of  air 

65 

46. 

Formic  Acid 

Micrograms  of  formic  acid  per  cubic 
metre  of  air 

1,500 

47. 

Furfural 

Micrograms  of  furfural  per  cubic  metre 
of  air 

1,000 

48. 

Furfuryl  Alcohol 

Micrograms  of  furfuryl  alcohol  per  cubic 
metre  of  air 

3,000 

49. 

Hydrogen  Chloride 

Micrograms   of  hydrogen   chloride   per 
cubic  metre 

100 

SO. 

Hydrogen  Cyanide 

Micrograms   of  hydrogen   cyanide   per 
cubic  metre  of  air 

1,150 

51. 

Hydrogen  Sulphide 

Micrograms  of  hydrogen  sulphide  per 
cubic  metre  of  air 

30     . 

52. 

Iron  (metallic) 

Micrograms  of  metallic  iron  per  cubic 
metre  of  air 

10 

53. 

Lead 

Total   micrograms  of  lead  in   free  and 
combined  form  per  cubic  metre  of  air 

10 

54. 

Lithium  Hydrides 

Total  micrograms  of  lithium  hydrides 
per  cubic  metre  of  air 

7.5 

Reg.  308 


ENVIRONMENTAL  PROTECTION 


395 


Item 

Column  1 

Column  2 

Column  3 

Name  of  Contaminant 

Unit  of  Concentration 

Concentration  at  Point 

of  Impingement  — Half 

Hour  Average 

55. 

Lithium 

Total  micrograms  of  lithium  in  other 
than    hydride    compounds    per    cubic 
metre  of  air 

60 

56. 

Magnesium  Oxide 

Total  micrograms  of  magnesium  oxide 
per  cubic  metre  of  air 

100 

57. 

Manganese 

Total  micrograms  of  manganese  in  free 
and  combined  form  per  cubic  metre  of 
air 

100 

58. 

Mercaptans 

Total    micrograms   of   mercaptans   per 
cubic  metre  of  air  expressed  as  methyl 
mercaptans 

20 

59. 

Mercury  (alkyl) 

Total    micrograms    of    alkyl    mercury 
compounds  per  cubic  metre  of  air 

1.5 

60. 

Mercury 

Total   micrograms  of   mercury   in   free 
and  combined  form  per  cubic  metre  of 
air 

5.0 

61. 

Methyl  Acrylate 

Micrograms    of    methyl    acrylate    per 
cubic  metre  of  air 

4.0 

62. 

Methyl  Alcohol 

Micrograms  of  methyl  alcohol  per  cubic 
metre  of  air 

84,000 

63. 

Methyl  Bromide 

Micrograms    of    methyl    bromide    per 
cubic  metre  of  air 

12,000 

64. 

Methylene  Chloride 

Micrograms  of  methylene  chloride  per 
cubic  metre  of  air 

100,000 

65. 

Methyl  Chloroform 
(1-1-1  Trichloroethane) 

Micrograms  of  methyl  chloroform  per 
cubic  metre  of  air 

350,000 

66. 

Methyl  Ethyl 
Ketone  (2-Butanone) 

Micrograms  of  methyl  ethyl  ketone  per 
cubic  metre  of  air 

31,000 

67. 

Methyl  Methacrylate 

Micrograms    of    methyl    methacrylate 
per  cubic  metre  of  air 

860 

68. 

Milk  Powder 

Micrograms  of  milk  powder  per  cubic 
metre  of  air 

20 

69. 

Monomethyl  Amine 

Micrograms  of  monomethyl  amine  per 
cubic  metre  of  air 

25 

70. 

Nickel 

TotaJ  micrograms  of  nickel  in  free  and 
combined  form  per  cubic  metre  of  air 

5 

71. 

Nickel  Carbonyl 

Micrograms    of    nickel    carbonyl    per 
cubic  metre  of  air 

1.5 

72. 

Nitric  Acid 

Micrograms   of   nitric   acid   per   cubic 
metre  of  air 

100 

396 


ENVIRONMENTAL  PROTECTION 


Reg.  308 


Item 

Column  1 

Column  2 

Column  3 

Name  of  Contaminant 

Unit  of  Concentration 

Concentration  at  Point 

of  Impingement — Half 

Hour  Average 

73. 

Nitrilotriacetic  Acid 

Micrograms  of  Nitrilotriacetic  Acid  per 
cubic  metre  of  air 

100 

74. 

Nitrogen  Oxides 

Micrograms    of    nitrogen    oxides    per 
cubic  metre  of  air  expressed  as  NO, 

500 

75. 

Ozone 

Micrograms  of  ozone  per  cubic  metre 
of  air 

200 

76. 

Pentaborane 

Micrograms  of  pentaborane  per  cubic 
metre  of  air 

3.0 

77. 

Pentachlorophenol 

Micrograms  of  pentachlorophenol  per 
cubic  metre  of  air 

90 

78. 

Phenol 

Micrograms  of  phenol  per  cubic  metre 
of  air 

100 

79. 

Phosgene 

Micrograms    of    phosgene    per    cubic 
metre  of  air 

130 

80. 

Phosphoric  Acids 

Micrograms    of    phosphoric    acids    per 
cubic  metre  of  air  expressed  as  PgOg 

100 

81. 

Phthalic  Anhydride 

Micrograms  of  phthalic  anhydride  per 
cubic  metre  of  air 

100 

82. 

Propylene  Bichloride 

Micrograms  of  propylene  dichloride  per 
cubic  metre  of  air 

2,400 

83. 

Propylene  Oxide 

Micrograms    of    propylene    oxide    per 
cubic  metre  of  air 

78,000 

84. 

Silver 

Total  micrograms  of  silver  in  free  and 
combined  form  per  cubic  metre  of  air 

3 

85. 

Styrene 

Micrograms  of  styrene  per  cubic  metre 
of  air 

400 

86. 

Sulphur  Dioxide 

Micrograms  of  sulphur  dioxide  per  cubic 
metre  of  air 

830 

87. 

Sulphuric  Acid 

Micrograms  of  sulphuric  acid  per  cubic 
metre  of  air 

100 

88. 

Suspended  Particulate 

Matter  (particulate  less 
than  44  microns  in  size) 

Total  micrograms  of  suspended  particu- 
late matter  per  cubic  metre  of  air 

100 

89. 

Tellurium  (except 
hydrogen  telluride) 

Micrograms   of   tellurium   in   free   and 
combined  form  per  cubic  metre  of  air 

30 

90 

Tetrahydrofuran 

Micrograms    of    tetrahydrofuran    per 
cubic  metre  of  air 

93,000 

91. 

Tin 

Total  micrograms  of  tin  in  free  and  com- 
bined form  per  cubic  metre  of  air 

30 

Reg.  308 


ENVIRONMENTAL  PROTECTION 


397 


Item 

Column  1 

Column  2 

Column  3 

Name  of  Contaminant 

Unit  of  Concentration 

Concentration  at  Point 

of  Impingement — Half 

Hour  Average 

92. 

Titanium 

Total  micrograms  of  titanium  in  free 
and  combined  form  per  cubic  metre  of 
air 

100 

93. 

Toluene 

Micrograms  of  toluene  per  cubic  metre 
of  air 

2,000 

94. 

Toluene  Di-isocyanate 

Micrograms    of    toluene    di-isocyanate 
per  cubic  metre  of  air 

1.0 

95. 

Trichloroethylene 

Micrograms  of  trichloroethylene  per 
cubic  metre  of  air 

85,000 

96. 

Trifluorotrichloro  Ethane 

Micrograms  of  trifluoro  trichloroethane 
per  cubic  metre  of  air 

2.4  miUioA 

97. 

Vanadium 

Total  micrograms  of  vanadium  in  free 
and  combined  form  per  cubic  metre  of 
air 

5.0 

98. 

Vinylidene  chloride 
(1,  1  Dichloro  Ethene) 

Micrograms  of  vinylidene  chloride  per 
cubic  metre  of  air 

26,000 

99. 

Xylenes 

Micrograms  of  xylenes  per  cubic  metre 
of  air 

2,300 

100. 

Zinc 

Total  micrograms  of  zinc  in  free  and 
combined  form  per  cubic  metre  of  air 

100 

O.  Reg.  873/74,  s.  7,  part;  O.  Reg.  271/77,  s.  1. 


Reg.  309 


ENVIRONMENTAL  PROTECTION 


399 


REGULATION  309 

under  the  Environmental  Protection  Act 


GENERAL— WASTE  MANAGEMENT 

INTERPRETATION 

1.  In  this  Regulation, 

1.  "access  road"  means  a  road  that  leads  from  a 
public  road  to  a  waste  disposal  site; 

2.  "agricultural  waste"  means  waste,  other  than 
sewage,  resulting  from  farm  operations, 
including  animal  husbandn,'  and  where  a 
farm  operation  is  carried  on  in  respect  of  food 
packing,  food  preserving,  animal  slaughter- 
ing or  meat  packing,  includes  the  waste  from 
such  operations; 

3.  "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; 

4.  "composting"  means  the  treatment  of  waste 
by  aerobic  decomposition  of  organic  matter 
by  bacterial  action  for  the  production  of 
stabilized  humus; 

5.  "cover  material"  means  soil  or  other  materi- 
al approved  for  use  in  sealing  cells  in  landfill- 
ing; 

6.  "dead  animal"  means  an  animal  that  dies 
naturally  or  from  disease  or  by  reason  of 
accident  and  includes  parts  thereof; 

7.  "derelict  motor  vehicle"  means  a  motor 
vehicle  that, 

i.  is  inoperable,  and 

ii.  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  re- 
pairs required  to  put  it  into  operable 
condition; 

8.  "dump"  means  a  waste  disposal  site  where 
waste  is  deposited  without  cover  material 
being  applied  at  regular  intervals; 

9.  "fly-ash"  means  particulate  matter  re- 
moved  from  combustion   flue  gases; 

10.  "grinding"  means  the  treatment  of  waste 
by  uniformly  reducing  the  waste  to  parti- 
cles of  controlled  maximum  size ; 

11.  "hauled  Hquid  and  hazardous  waste  collec- 
tion system"  means  a  waste  management 


system  or  any  part  thereof  for  the  collec- 
tion, handling,  transportation,  storage  or 
processing  of  hauled  liquid  industrial  waste 
or  hazardous  waste  but  does  not  include 
the  disposal  thereof ; 

12.  "hauled  liquid  industrial  waste"  means 
liquid  waste,  other  than  hauled  sewage, 
that  results  from  industrial  processes  or 
manufacturing  or  commercial  operations 
and  that  is  transported  in  a  tank  or  other 
container  for  treatment  or  disposal,  and 
includes  sewage  residue  from  sewage  works 
that  are  subject  to  the  provisions  of 
the  Ontario  Water  Resources  Act; 

13.  "hauled  sewage"  means  waste  removed 
from, 

i.  a  cesspool, 

ii.  a  septic  tank  system, 
iii.  a  privy  vault  or  privy  pit, 
iv.  a  chemical  toilet, 
V.  a  portable  toilet,  or 
vi.  a  sewage  holding  tank; 


14.  "hazardous  waste"  means  waste  that  re- 
quires special  precautions  in  its  storage, 
collection,  transportation,  treatment  or 
disposal,  to  prevent  damage  to  persons  or 
property  and  includes  explosive,  flamma- 
ble, volatile,  radioactive,  toxic  and  patho- 
logical waste ; 

15.  "incineration"  means  the  treatment  of 
waste  by  controlled  burning,  including 
measures  for  Hmiting  air  pollution,  to 
reduce  the  volume  of  the  waste  and  to 
leave  it  in  a  more  stable  form  for  dis- 
posal; 

16.  "incinerator  ash"  means  the  ash  residue, 
other  than  fly-ash,  resulting  from  incinera- 
tion where  the  waste  is  reduced  to  ashes 
containing  by  weight  less  than  10  per  cent 
of  combustible  materials ; 

17.  "incinerator  waste"  means  the  residue 
from  incineration,  other  than  incinerator 
ash  and  fly-ash ; 


400 


ENVIRONMENTAL  PROTECTION 


Reg.  309 


18.  "inert  fill"  means  earth  or  rock  fill  that 
contains  no  putrescible  materials  or  soluble 
or  decomposable  chemical  substances; 

19.  "individual  collection  system"  means  the 
collection  of  his  own  domestic  wastes  by  a 
householder  and  the  transportation  of  such 
wastes  to  a  waste  disposal  site  by  the 
householder ; 

20.  "landfilling"  means  the  disposal  of  waste 
by  deposit,  under  controlled  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 ; 

21.  "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 ; 

22.  "municipal  waste  management  system" 
means  a  waste  management  system,  or  any 
part  thereof,  of  which  a  municipality  is  the 
owner ; 

23.  "on-site  garbage  grinder"  means  a  grinder, 

i.  used  for  the  treatment  of  waste  that 
is  subsequently  discharged  as  sew- 
age, and 

ii.  located  in  a  building  or  structure 
used  principally  for  functions  other 
than  waste  management ; 

24.  "on-site  incinerator"  means  an  incinerator 
that  is  located  in  a  building  or  structure 
used  principally  for  functions  other  than 
waste  management ; 

25.  "on-site  road"  means  a  road  for  the  move- 
ment of  vehicles  and  equipment  within  a 
waste  disposal  site ; 

26.  "organic  soil  conditioning"  means  the  incor- 
poration of  processed  organic  waste  in  the 
soil  to  improve  its  characteristics  for  crop  or 
ground  cover  growth; 

27.  "packing  and  baling"  means  the  treatment  of 
waste  by  its  compression  into  blocks  or  bales 
and  binding  or  sheathing  the  blocks  with 
wire,  metal,  plastic  or  other  material; 

28.  "private  waste  management  system"  means  a 
waste  management  system,  or  any  part 
thereof,  of  which  a  person  other  than  a 
municipality  is  the  owner; 


29.  "processed  organic  waste"  means  waste  that 
is  predominantly  organic  in  composition  and 
has  been  treated  by  aerobic  or  anaerobic 
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;. 

30.  "scavenging"  means  the  uncontrolled  remov- 
al of  reusable  material  from  waste  at  a  waste 
disposal  site; 

31.  "transfer  station"  means  a  waste  disposal 
site  used  for  the  purpose  of  transferring 
waste  from  a  collection  vehicle  to  another 
carrier  for  transportation  to  another  waste 
disposal  site.  R.R.O.  1970,  Reg.  824,  s.  1 ; 
O.  Reg.  217/73,  s.  1 ;  O.  Reg.  382/73,  s.  1; 
O.  Reg.  75/74,  s.  1. 


DESIGNATION   AND   EXEMPTION   OF   WASTES 

2.  The  following  are  designated  wastes : 

1.  Agricultural  wastes. 

2.  Condemned  animals  or  parts  thereof  at  a 
plant  licensed  under  the  Meat  Inspection  Act 
(Ontario),  or  an  establishment  operating 
under  the  Meat  Inspection  Act  (Canada). 

3.  Dead  animals. 

4.  Derelict  motor  vehicles. 

5.  Hauled  liquid  industrial  waste. 

6.  Hauled  sewage. 

7.  Hazardous  waste. 

8.  Incinerator  waste. 

9.  Inert  fill. 

10.  Processed  organic  waste. 

11.  Rock  fill  or  mill  tailings  from  a  mine. 
R.R.O.  1970,  Reg.  824,  s.  2;  O.  Reg.  217/73, 
s.  2;  O.  Reg.  382/73,  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  Meat  Inspection  Act 
(Ontario)  or  an  establishment  operating 
under  the  Meat  Inspection  Act  (Canada). 


Reg.  309 


ENVIRONMENTAL  PROTECTION 


401 


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. 
O.  Reg.  75/74.  s.  2. 

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. 

11.  Transfer  stations.  R.R.O.  1970,  Reg.  824, 
s.  4;  O.  Reg.  217/73,  s.  3;  O.  Reg.  382/73, 
s.  4. 

5.  The  following  waste  disposal  sites  are  exempted 
from  Part  V  of  the  Act  and  this  Regulation : 

1.  On-site  incinerators. 

2.  On-site  garbage  grinders. 

3.  Derelict  motor  vehicle  sites.  O.  Reg.  75/74. 
s.  3;  O.  Reg.  724/79.  s.  1. 

CLASSIFICATION   AND   EXEMPTION 
OF   WASTE    MANAGEMENT   SYSTEMS 

6.  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  collec- 
tion systems. 


5.  Marine  craft  waste  disposal  systems. 

6.  Organic  waste  management  systems. 
R.R.O.  1970,  Reg.  824,  s.  6;  O.  Reg.  217/73, 
s.  4. 

7.  The  following  waste  management  systems  are 
exempted  from  Part  V  of  the  Act  and  this  Regulation : 

1.  Individual  collection  systems. 

2.  Marine  craft  waste  disposal  systems.  O.Reg. 

75/74,  s.  4. 


STANDARDS  FOR  WASTE  DISPOSAL  SITES 

8.  The  following  are  prescribed  as  standards  for  the 
location,  maintenance  and  operation  of  a  land-filling 
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  con- 
ditions. 

2.  Access  to  the  site  shall  be  limited  to  such 
times  as  an  attendant  is  on  duty  and  the 
site  shall  be  restricted  to  use  by  persons 
authorized  to  deposit  waste  in  the  fill 
area. 

3.  Drainage  passing  over  or  through  the  site 
shall  not  adversely  affect  adjoining  proper- 
ty and  natural  drainage  shall  not  be  ob- 
structed. 

4.  Drainage  that  may  cause  pollution  shall 
not,  without  adequate  treatment,  be  dis- 
charged into  watercourses. 

5.  Waste  shall  be  placed  sufficiently  above 
or  isolated  from  the  maximum  water  table 
at  the  site  in  such  manner  that  im- 
pairment of  groundwater  in  aquifers  is 
prevented  and  sufficiently  distant  from 
sources  of  potable  water  supplies  so  as  to 
prevent  contamination  of  the  water,  unless 
adequate  provision  is  made  for  the  collec- 
tion and  treatment  of  leachate. 

6.  Where  necessary  to  isolate  a  landfilling 
site  and  effectively  prevent  the  egress  of 
contaminants,  adequate  measures  to  pre- 
vent water  pollution  shall  be  taken  by  the 
construction  of  berms  and  dykes  of  low 
permeabihty. 

7.  Where  there  is  a  possibility  of  water  pol- 
lution 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  contamin- 
ants and,  if  necessary,  measures  shall  be 


402 


ENVIRONMENTAL  PROTECTION 


Reg.  309 


taken  for  the  collection  and  treatment  of 
contaminants  and  for  the  prevention  of 
water  pollution. 

8.  The  site  shall  be  located  a  reasonable  dis- 
tance from  any  cemetery. 

9.  Adequate  and  proper  equipment  shall  be 
provided  for  the  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  disposal  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. 

12.  All  waste  disposal  operations  at  the  site 
shall  be  adequately  and  continually  super- 
vised. 

13.  Waste  shall  be  deposited  in  an  orderly 
manner  in  the  fill  area,  compacted  ade- 
quately and  covered  by  cover  material  by 
a  proper  landfilling  operation.  \ 

14.  Procedures  shall  be  established  for  \he 
control  of  rodents  or  other  animals  an^ 
insects  at  the  site. 

15.  Procedures  shall  be  established,  signs 
posted,  and  safeguards  maintained  for  the 
prevention   of   accidents   at   the   site. 

16.  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. 

17.  A  green  belt  or  neutral  zone  shall  be  pro- 
vided around  the  site  and  the  site  shall  be 
adequately  screened  from  public  view. 

18.  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  in- 
spected at  regular  intervals  over  the  next 
ensuing  period  of  two  years  and  where 
necessary  action  shall  be  taken  to  main- 
tain the  integrity  and  continuity  of  the 
cover  materials. 

19.  Scavenging  shall  not  be  permitted.  R.R.O. 
1970,  Reg.  824,  s.  10(1);  O.  Reg.  217/73, 
s.  5  (1,2). 

9.  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.  Incinerator  waste  shall  be  disposed  of  at 
a  landfilling  site. 

3.  The  incinerator  shall  be  located, 

i.  so  that  it  is  accessible  for  the  trans- 
portation of  wastes  thereto  without 
nuisance, 

ii.  taking  into  account  meteorological 
considerations  to  minimize  environ- 
mental effects,  and 

iii.  so  that  the  services  and  utilities  re- 
quired for  the  operation  of  the  in- 
cinerator are  available,  including 
facilities  for  the  disposal  of  residue 
and  of  quenching  and  scrubbing 
water. 

4.  The  design  and  capacity  of  the  incinerator 
shall  be  in  accordance  with  accepted  engi- 
neering practices  and  of  a  type  and  size 
adequate  to  efficiently  process  the  quanti- 
ties 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. 

5.  The  following  equipment  shall  be  provided 
as  necessary  for  particular  applications: 

i.  Scales  for  the  accurate  determina- 
tion of  the  input  of  all  wastes  by 
weight. 

ii.  A  storage  pit  or  other  storage  facili- 
ties. 

iii.  A  crane  or  other  means  of  removing 
waste  from  the  pit  or  other  storage 
facihties. 

iv.  Means  of  controlling  dusts  and 
odours. 

V.  Such  instruments  as  may  be  neces- 
sary for  the  efficient  operation  of  an 
incinerator. 

6.  The  incineration  site  shall  include  an  un- 
loading area  properly  enclosed  and  of 
sufficient  size  for  the  intended  operation. 

7.  Access  roads  shall  be  provided  for  vehicles 
hauhng  waste  to  the  incineration  site. 

8.  On-site  fire  protection  shall  be  provided 
and,  where  possible,  arrangements  shall  be 
made  with  a  fire  department  or  munici- 


Reg.  309 


ENVIRONMENTAL  PROTECTION 


403 


pality  for  adequate  fire  fighting  services 
in  case  of  an  emergency. 

9.  Scavenging  shall  not  be  permitted.  R.R.O. 
1970.  Reg.  824,  s.  11  (1);  O.  Reg.  217/73. 
s.  6(1.2). 

10.  The  following  are  prescribed  as  standards  for 
the  location,  maintenance  and  operation  of  a  dump: 

1.  The  fill  area  shall  not  be  subject  to  flood- 
ing 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  nearest  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  stating  requirements 
for  the  operation  of  the  dump,  including 
measures  for  the  control  of  vermin  and  in- 
sect infestation. 

7.  The  site  shall  be  so  located  and  opera- 
ted as  to  reduce  to  a  minimum  the  hazards 
resulting  from  fire. 

8.  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.  R.R.O. 
1970.  Reg.  824.  s.  12  (1);  O.  Reg.  217/73. 
s.7{1.2). 

11. — (1)  Subject  to  subsection  (2),  no  dump  shall  be 
established  or  operated  in  a  city,  borough,  town,  sepa- 
rated town,  township,  village  or  police  village  in  any 
county,  regional  municipality  or  the  Provisional 
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,  Claren- 
don 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  WoUaston,  in  the 
County  of  Hastings. 

4.  The  townships  of  Dalhousie  and  North 
Sherbrooke,  Darling,  Lavant,  North  Bur- 
gess, and  South  Sherbrooke,  in  the  County 
of  Lanark. 

5.  The  townships  of  Asphodel.  Belmont  and 
Methuen,  Chandos,  Ennismore,  Gal  way 
and  Cavendish,  and  Harvey,  in  the  County 
of  Peterborough. 

6.  The  townships  of  Bagot  and  Blithfield, 
Brougham,  Brudenell  and  Lyndoch, 
Griffith  and  Matawatchan,  Head,  Clara, 
and  Maria,  North  Algona,  Radcliffe.  Rag- 
lan, 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,  Mon- 
mouth, Sherborne,  McClintock  and 
Livingstone,  and  Snowdon  and  Stanhope,  in 
the  Provisional  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  Coch- 
rane, Hearst,  Iroquois  Falls,  Kapuskasing 
and  Smooth  Rock  Falls,  and  the  townships  of 
Glackmeyer,  Tisdale  and  Whitney,  in  the 
Territorial  District  of  Cochrane. 

3.  The  towns  of  Dryden,  Keewatin.  Kenora. 
and  Sioux  Lookout,  and  the  townships  of 
Jaffray  and  Mehck,  in  the  Territorial 
District  of  Kenora. 

4.  The  towns  of  Gore  Bay  and  Little  Current, 
in  the  Territorial  District  of  Manitoulin. 

S.  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  Winder- 
mere. 


404 


ENVIRONMENTAL  PROTECTION 


Reg.  309 


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  Nipis- 
sing. 

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  Dis- 
trict of  Parry  Sound. 

8.  The  towns  of  Fort  Frances  and  Rainy 
River,  and  the  Township  of  Atikokan,  in 
the  Territorial  District  of  Rainy  River. 

9.  That  part  of  The  Regional  Municipality  of 
Sudbury  and  the  Territorial  District  of  Sud- 
bury 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  Balfour,  Falconbridge, 
and  Neelon  and  Garson,  in  the  Territorial 
District  of  Sudbury. 

10.  The  City  of  Thunder  Bay,  the  Town  of 
Geraldton  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.  1970, 
Reg.  824,  s.  13. 

12.  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  pre- 
vent direct  surface  drainage  to  the  water- 
course. 

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  residential  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  during  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  prevent 
the  egress  of  contaminants.  O.  Reg. 
217/73,  s.  9. 


STANDARDS  FOR  WASTE  MANAGEMENT  SYSTEMS 

13.  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.  R.R.O.  1970,  Reg.  824,  s.  14  (1) ; 
O.  Reg.  217/73,5.8  (1). 


Reg.  310 


ENVIRONMENTAL  PROTECTION 


405 


REGULATION  310 


under  the  Kiixironmental  Protection  Act 


MARINAS 

1.  In  this  Regulation, 

(a)  "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 ; 

(b)  "litter"  means  organic  and  inorganic  waste, 
except  sewage,  and  includes  fuel,  lubri- 
cants, paper,  rags,  bottles,  glass,  plastics, 
crockery,  cans,  scrap  metal,  junk,  or  similar 
refuse  or  garbage ; 

(c)  "marina"  means  a  place  located  on  or 
adjacent  to  a  body  of  water  or  a  water- 
course where  moorings  or  any  services  are 
provided  for  pleasure  boats  or  the  occu- 
pants thereof,  and  includes  a  commercial 
marina  but  does  not  include  a  place  used 
primarily  by  the  owner  thereof  for  his 
purposes ; 

(d)  "operator"  includes  the  owner  or  lessee 
of  a  marina ; 

(e)  "pleasure  boat"  means  a  boat  used  pri- 
marily 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 ; 

(/)  "pump-out  facility"  means  a  device  or 
equipment  for  removing  sewage  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 ; 

ig)  "sewage"  means  all  human  excrement; 


(h)  "toilet",  in  relation  to  a  pleasure  boat,  means 
equipment  designed  or  used  for  defecation  or 
urination  by  humans.  R.R.O.  1970,  Reg. 
646,  s.  1. 

2.  The  operator  of  a  marina  shall, 

(a)  provide  at  the  marina  containers  for  litter 
in  sufficient  number  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  accor- 
dance with  all  applicable  laws.  R.R.O. 
1970,  Reg.  646,  s.  2. 

3.  The  op)erator  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  conveniently 
used  by  occupants  of  pleasure  boats  in 
which  toilets  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  condi- 
tion; 

(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  uj)on  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.  1970,  Reg.  646, 
s.  3. 


Reg.  311 


ENVIRONMENTAL  PROTECTION 


407 


REGULATION  311 


under  the  Knvironmental  Protection  Act 


MOTOR  VEHICLES 

L  In  this  Regulation, 

(a)  "catalytic  converter"  means  a  device  through 
which  exhaust  from  a  motor  is  passed  in  order 
to  prevent  or  lessen  the  emission  of  a  conta- 
minant and  which  device  would  be  impaired 
in  its  functioning  by  the  use  of  leaded  gasoline 
as  a  fuel  for  operation  of  the  motor; 

(b)  "gross  vehicle  weight"  means  the  manufac- 
turer's gross  weight  rating; 

(f )  "leaded  gasoline"  means  gasoline  that  is  not 
unleaded  gasoline; 

(d)  "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; 

(e)  "model  year",  when  used  with  respect  to  a 
motor  vehicle,  means  the  model  year  desig- 
nated by  the  manufacturer  but,  where  the 
manufacturer  does  not  make  such  a  designa- 
tion, means  the  calendar  year  in  which  the 
manufacture  of  a  motor  vehicle  is  completed; 

(/)  "motorcycle"  means  a  motor  vehicle  having  a 
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; 

(g)  "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.     O.  Reg.  561/79,  s.  1. 

2.  Motor  vehicles  for  which  a  permit  under  the 
Highway  Traffic  Act  has  not  been  issued  are  exempt 
from  all  the  provisions  of  this  Regulation  except  sec- 
tion 4.     O.  Reg.  561/79,  s.  2. 

3. — ( 1)  No  person  shall  use  leaded  gasoline  as  a  fuel 
to  operate  a  motor  vehicle  manufactured  with  a  cataly- 
tic 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  mil- 
lilitres  of  gasoline  into  the  tank  when  intro- 
duction of  gasoline  is  attempted  from  a  nozzle 
referred  to  in  clause  (b).  O.  Reg.  561/79, 
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.     O.  Reg.  561/79,  s.  4. 

5.  In  respect  of  a  motor  or  motor  vehicle  manufac- 
tured with  a  system  or  device  to  prevent  or  lessen  the 
emission  of  any  contaminant,  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.     O.  Reg.  561/79,  s.  S. 

6. — ( 1 )  For  a  light  duty  motor  vehicle  of  a  model  year 
and  displacement  listed  in  Column  1  of  the  Table,  the 
figures  appearing  opposite  in  the  remaining  columns 
are  prescribed  as  maximum  emission  standards  for  the 
vehicle  with  respect  to  the  contaminant  named  at  the 
head  of  each  column  when  tested  under  the  test  condi- 
tions 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; 

(6)  the  transmission  of  the  motor  vehicle  shall  be 
in  the  neutral  position; 


408 


ENVIRONMENTAL  PROTECTION 


Reg.  311 


(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  infrared  analyzer  or 
other  analytical  device  or  procedure  of 
equivalent  accuracy. 


(3)  Every  motor  vehicle  for  which  emission  stan- 
dards are  prescribed  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 

1 
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 

1 

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 

O.  Reg.  561/79,  s.  6. 

7. — ( 1)  A  provincial  officer,  designated  for  the  purpose  of  carrying  out  the  provisions  of  Part  III  of  the  Act,  or  a 
poHce  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  to  him  under 
subsection  (I).     O.  Reg.  561/79,  s.  7. 


Reg.  311 ENVIRONMENTAL  PROTECTION 409 

Form  1 

Environmental  Protection  Act 

NOTICE  TO  SUBMIT  MOTOR  VEHICLE 

Take  Notice  that  under  the  Environmental  Protection  Act  and  the  regulations  thereunder, 

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 

O.  Reg.  561/79,  Form  1. 


Reg.  312 


ENVIRONMENTAL  PROTECTION 


411 


REGULATION  312 


under  the  Environmental  Protection  Act 


SULPHUR  CONTENT  OF  FUELS 

INTERPRETATION 

1.  In  this  Regulation, 

(a)  "fuel"  includes  any  fuel  used  for  heating, 
generating  steam  or  electricity,  or  for  in- 
dustrial processes ; 


(6)  "sulphur  content"  means  the  amount  of 
sulphur  in  the  fuel  as  determined  by  standard 
methods  of  sampling  and  testing  and  in  the 
case  of  coal  shall  be  determined  as  organic 
sulphur.     R.R.O.  1970,  Reg.  17,  s.  1. 


APPLICATION 

2.  This  Regulation  applies  to  The  Municipality  of 
Metropolitan  Toronto.     R.R.O.  1970,  Reg.  17,  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  sulphur  content 
of  the  fuel  is  greater  than  the  maximum  sulphur 
content  set  opposite  thereto  in  Column  2  of  the 
Schedule.     O.  Reg.  157/73,  s.  1. 


4.  A  fuel  having  a  higher  sulphur  content  than  the 
maximum  sulphur  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 
apphed  for  and  obtained  a  certificate  of  approval, 
under  section  7  of  the  Act,  for  methods  or  devices 
that  will  result  in  emissions  of  sulphur  dioxide  no 
greater  than  if  the  fuel  contained  the  sulphur  content 
prescribed  in  the  Schedule.  R.R.O.  1970,  Reg.  17, 
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  him;  and 

(b)  shall  specify  to  the  Air  Resources  Branch  of 
the  Ministry  the  source  or  sources  of  supply 
of  the  fuels  supplied  by  him, 

at  such  times  and  in  such  manner  as  the  Air  Resources 
Branch  of  the  Ministry  specifies.  R.R.O.  1970,  Reg. 
17,  s.  5. 

6.  Every  supplier  of  fuel  shall,  upon  the  request  of 
a  provincial  officer,  provide  duplicate  samples  of  any 
fuel  supplied  by  him.     R.R.O.  1970,  Reg.  17,  s.  6. 

Schedule 


Fuel 

Column  1 

Column  2 

Grade  or  type  of 
Fuel 

Maximum  Sulphur 
Content 

Oil 
Coal 

1 

2 

4 

5 

6B 

6C 

Bituminous 

0.5% 
0.5% 
1.5% 
1.5% 
1.5% 
1.5% 
1.5% 

O.  Reg.  157/73,  s.  2. 


Reg.  313 


ENVIRONMENTAL  PROTECTION 


413 


REGULATION  313 


under  the  Environmental  Protection  Act 


TRANSFERS  OF  LIQUID  INDUSTRIAL 
WASTE 

1. — (1)  In  this  Regulation, 

(a)  "hauler  of  waste"   means  a  person   who 
transports  liquid  industrial  waste ; 

(6)  "liquid    industrial    waste"    means    liquid 
waste  that  is  a  product  of, 

(i)  an  enterprise  or  activity  involving 
industrial,  manufacturing  or  com- 
mercial processes  or  operations, 

(ii)  research  or  an  experimental  enter- 
prise or  activity,  or 

(iii)  an  enterprise  or  activity  to  which 
subclause  (i)  would  apply  if  the  enter- 
prise or  activity  were  carried  on  for 
profit, 

but  does  not  include, 

(iv)  waste  that  is  a  product  of  a  sewage 
system  subject  to  the  provisions  of 
Part  VII  of  the  Act  or  a  sewage  works 
subject  to  the  Ontario  Water 
Resources  Act  or  waste  that  is 
removed  from  a  holding  tank  to  which 
regulations  made  under  clause  136  (3) 
(a)  or  (b)  of  the  Act  apply, 

(v)  waste  discharged  by  its  producer 
at  the  site  where  the  waste  is 
produced  into  municipal  sanitary 
sewage  works  in  accordance  with 
applicable  by-laws  or  into  a  sewage 
system,  as  defined  in  Part  VII  of 
the  Act,  that  is  being  operated  in 
accordance  with  the  Act, 

(vi)  waste  disposed  of  at  a  waste  disposal 
site  as  defined  in  Part  V  of  the  Act, 
operated  by  the  producer  of  the  waste 
and  located  on  the  site  where  the 
waste  is  produced,  or 

(vii)  waste  that  is  wholly  used  or  recycled. 

(2)  Liquid  industrial  waste  is  designated  as  a  waste 
in  addition  to  those  wastes  specified  in  clause  24  id)  of 
the  Act.     O.  Reg.  926/76,  s.  1. 

2.  Those  facilities,  equipment  and  operations  of  a 
producer  of  liquid  industrial  waste  that  are  involved 


in  the  collection,  handling  or  storage  of  liquid 
industrial  waste  are  classified  as  a  Class  1  waste 
management  system.     O.  Reg.  926/76,  s.  2. 

3.  Those  facilities,  equipment  and  operations  of  a 
hauler  of  waste  that  are  involved  in  transporting 
liquid  industrial  waste  are  classified  as  a  Class  2 
waste  management  system.     O.  Reg.  926/76,  s.  3. 

4. — (1)  No  operator  of  a  Class  1  waste  manage- 
ment system  shall  permit  liquid  industrial  waste  to 
pass  from  his  control  except  by  transfer  of  the 
liquid  industrial  waste  to  a  Class  2  waste  manage- 
ment system  for  which  a  certificate  of  approval  or  a 
provisional  certificate  of  approval  has  been  issued. 

(2)  Where  liquid  industrial  waste  is  transferred  to  a 
Class  2  waste  management  system  from  a  Class  1 
waste  management  system, 

(a)  the  operator  of  the  Class  2  waste  manage- 
ment system  shall  provide  to  the  operator 
of  the  Class  1  waste  management  system 
a  numbered  form  obtained  from  the  Ministry 
for  the  purpose,  upon  which  form  he  has 
recorded  his  name  and  address  and  the 
registration  number  of  the  vehicle  used; 
and 

{b)  the  operator  of  the  Class  1  waste  manage- 
ment system  shall  obtain  from  the  operator 
of  the  Class  2  waste  management  system 
the  form  referred  to  in  clause  (a)  and  shall, 

(i)  record  on  the  form, 

(A)  the  name  and  address  of  the 
producer  of  the  liquid  indus- 
trial waste, 

(B)  the  description  and  amount  of 
the  liquid  industrial  waste 
being  transferred,  and 

(C)  the  date,  time  and  place  of  the 
transfer, 

(ii)  sign  the  form,  and 

(iii)  forward  the  completed  form  forth- 
with to  the  Ministry,  retaining  one 
copy  thereof  for  a  p)eriod  of  one 
year.     O.  Reg.  926/76,  s.  4. 

5. — (1)  No  operator  of  a  Class  2  waste  manage- 
ment system  shall  f)ermit  liquid  industrial  waste 
to  pass  from  his  control  except  by  transfer  of  the 
liquid  industrial  waste, 


414 


ENVIRONMENTAL  PROTECTION 


Reg.  313 


(a)  to  a  waste  management  system  or  a 
waste  disposal  site  for  which  a  certificate 
of  approval  or  a  provisional  certificate 
of  approval  has  been  issued ;  or 

(6)  to  a  sewage  works  under  the  Ontario 
Water  Resources  Act  for  which  an  approval 
under  that  Act  has  been  issued  and  with 
the  approval  of  the  owner  of  such  sewage 
works. 

(2)  Where  liquid  industrial  waste  is  transferred 
from  a  Class  2  waste  management  system, 

(a)  the  operator  of  the  Class  2  waste  manage- 
ment system  shall, 

(i)  on  a  numbered  form  obtained  from 
the  Ministry  for  the  purpose,  record, 

(A)  his  name  and  address, 

(B)  the  registration  number  of  the 
vehicle  used, 

(C)  a  list  of  the  numbers  of  all  the 
forms  provided  under  clause  4 
(2)  (a)  in  respect  of  the  liquid 
industrial  waste  being  trans- 
ferred, and 

(D)  if  any  of  the  liquid  industrial 
waste  being  transferred  was 
received  from  a  Class  2  waste 
management  system,  a  list  of 
the  numbers  of  all  forms  with 
which  he  was  provided  in 
respect  of  the  receipt  of  the 
liquid  industrial  waste  being 
transferred,  and 

(ii)  if  the  transfer  is  to  a  sewage  works 
under  the  Ontario  Water  Resources 


Act, 


(A)  record  on  the  ^ame  form, 

1.  the  location  of  the 
sewage  works, 

2.  the  description  and 
amount  of  the  liquid 
industrial  waste  being 
transferred,  and 

3.  the  date,  time  and  place 
of  the  tra,nsfer,  and 

(B)  sign  the  form  and  forward 
the  completed  form  forth- 
with to  the  Ministry,  retain- 


ing one  copy   thereof  for  a 
period  of  one  year,  or 

(iii)  if  the  transfer  is  to  a  waste  manage- 
ment system  or  waste  disposal  ^ite, 
provide  the  operator  thereof  with 
the  form  prepared  as  prescribed  in 
subclause  (a)  (i); 

(b)  the  operator  of  a  waste  management 
system  or  waste  disposal  site  to  which  the 
liquid  industrial  waste  is  transferred  shall 
obtain  the  form  prepared  as  prescribed 
in  subclause  (a)  (i)  and  shall, 

(i)  record  on  the  form, 

(A)  the  location  and  the  name  of 
the  operator  of  the  waste  man- 
agement system  or  waste  dis- 
posal site, 

(B)  the  number  of  the  certificate  of 
approval  or  provisional  certifi- 
cate of  approval  for  the  waste 
management  system  or  waste 
disposal  site, 

(C)  the  description  and  amount  of 
the  liquid  industrial  waste 
being  transferred, 

(D)  the  date,  time  and  place  of  the 
transfer  of  the  liquid  industrial 
waste,  and 

(E)  the  date  and  method  of  dis- 
posal, the  method  of  treatment 
or  processing,  or  the  destina- 
tion of  the  liquid  industrial 
waste,  whichever  is  applic- 
able, 

(ii)  sign  the  form,  and 

(iii)  forward  the  completed  form  forth- 
with to  the  Ministry,  retaining  one 
copy  thereof  for  a  period  of  one 
year.     O.  Reg.  926/76,  s.  5. 

6. — (1)  A  Class  1  waste  management  system  is 
exempt  from  section  27  of  the  Act  in  respect  of  the 
collection,  handling  and  temporary  storage  of 
liquid  industrial  waste  at  the  site  where  it  is 
produced. 

(2)  The  exemption  in  subsection  (1)  does  not  apply 
where  the  liquid  industrial  waste  is  a  product  of  a 
waste  management  system  or  waste  disposal  site. 
O.  Reg.  926/76,  s.  6. 


Reg.  314 


EXPROPRIATIONS 


415 


REGULATION  314 


under  the  Expropriations  Act 


CO-OPERATIVE  DEVELOPMENT- 
NORTH  PICKERING 


1.  The  development  of  the  lands  described  in 
Schedules  1,  2  and  3  for  a  planned  community,  and  of 
the  land  described  in  Schedules  4  and  S,  for  an 
airport,  by  Her  Majesty  the  Queen  in  right  of  Ontario 
and  Her  Majesty  the  Queen  in  right  of  Canada,  is 
designated  as  a  co-operative  development.  O.  Reg. 
575/72,  s.  1. 

Schedule  1 

In  the  Borough  of  Scarborough,  in  The 
Municipality  of  Metropolitan  Toronto,  and 
being  the  lands  bounded  as  follows : 

Premising  that  all  bearings  herein  are  astronomic 
and  referred  to  the  central  meridian  of  Zone  10  of 
the  Ontario  Co-ordinate  System,  being  79°  30'  west 
longitude ; 

Beginning  at  a  point,  marked  by  a  monument,  in  the 
east  limit  of  Lot  1  Concession  3,  a  distance  of  3445.02 
feet  measured  southerly  thereon  from  the  northeast 
corner  thereof; 

thence  northerly  thereon  to  the  northeast  corner 
thereof,  marked  by  a  monument ; 

thence  westerly  along  the  south  limit  of  the  road 
allowance  between  Concessions  3  and  4  to  a  monu- 
ment thereon,  measured  200  feet  easterly  along 
said  south  limit  from  the  northwest  corner  of  Lot  2 
'  Concession  3 ; 

thence  south  18°  17'  00'  east  140.00  feet ; 

thence  south  72°  44'  05"  west  to  a  monument  in  the 
west  hmit  of  Lot  2  Concession  3 ; 

thence  northerly  along  the  said  limit  of  Lot  2  Con- 
cession 3  to  the  northwest  corner  thereof,  marked 
by  a  monument ; 

thence  westerly  along  the  south  limit  of  the  road 
allowance  between  Concessions  3  and  4  to  a  monu- 
ment thereon,  distant  1115.75  feet  measured  easterly 
along  said  south  limit  from  the  northwest  corner  of 
Lot  4  Concession  3 ; 

thence  south  18°  45'  10'  east  232.85  feet  to  a  monu- 
ment; 


thence  south  71°  16'  40'  west  to  a  monument  in  the 
west  limit  of  Lot  4  Concession  3 ; 

thence  northerly  along  the  west  limit  of  Lot  4  Con- 
cession 3  and  the  production  thereof  to  its  inter- 
section, marked  by  a  monument,  with  the  north 
limit  of  the  road  allowance  between  Concessions  3 
and  4; 

thence  westerly  along  the  north  limit  of  the  road 
allowance  between  Concessions  3  and  4  to  the  south- 
east corner  of  Lot  9  Concession  4,  marked  by  a 
monument ; 

thence  northerly  along  the  east  limit  of  Lot  9 
Concession  4  a  distance  of  334.04  feet  to  a  point ; 

thence  north  47°  03'  30"  west  282.47  feet  to  a 
monument 

thence  north  37°  32'  00"  west  197.00  feet  to  a 
monument ; 

thence  north  4°  54'  10"  west  178.87  feet  to  a 
monument ; 

thence  south  75°  44'  00"  west  228.21  feet  to  a 
monument ; 

thence  south  39°  33' 00"  west  118.26  feet  to  a 
monument ; 

thence  south  70°  28'  20"  west  92.77  feet  to  a 
monument ; 

thence  north  78°  28' 20"  west  157.13  feet  to  a 
monument ; 

thence  south  20°  25' 30"  west  137.12  feet  to  a 
monument ; 

thence  south  34°  12'  30"  west  122.33  feet  to  a 
monument ; 

thence  south  61°  59'  10"  west  167.92  feet  to  a 
monument ; 

thence  north  83°  01' 00'  west  207.28  feet  to  a 
monument ; 

thence  north  58°  23' 30"  west  112.30  feet  to  a 
monument  in  the  east  limit  of  Lot  10  Concession  4; 

thence  south  61°  19'  40"  west  160.67  feet  to  a 
monument ; 


thence    south    11°  31' 20'    east    96. 
monument; 


feet    to    a 


416 


EXPROPRIATIONS 


Reg.  314 


thence    south    23°  24'  10"    west    83.31    feet    to    a 
monument; 

thence    south    37°  07'  10"    west    68.80    feet    to    a 
monument ; 

thence    south    46°  37'  10"    west    96.65    feet    to    a 
monument ; 

thence    south    31°  38' 00"    west    51.79    feet    to    a 
monument ; 

thence    south    40°  44' 50"    west    100.17    feet    to    a 
monument ; 

thence    south    75°  48' 00"    west    100.49    feet    to    a 
monument; 

thence    north    81°  19' 30"    west    118.56    feet    to    a 
monument ; 

thence    north    53°  08' 50"    west    146.11    feet    to    a 
monument ; 

thence    north    69°  37'  20"    west    96.62    feet    to    a 
monument ; 

thence    north    55°  32' 00"    west    175.65    feet    to    a 
monument ; 

thence    north    46°  52'  40"    west    102.08    feet    to    a 
monument ; 

thence    north    55°  56'  40"    west    75.99    feet    to    a 
monument ; 

thence    north    60°  09'  10"    west    59.81     feet    to    a 
monument ; 

thence    south    83°  01' 30"    west    57.23    feet    to    a 
monument ; 

thence    north    60°  38'  40"    west    46.41    feet    to    a 
monument; 

thence    north    84°  21' 00"    west    42.75    feet    to    a 
monument ; 

thence    north    36°  14'  50"    west    100.44    feet    to    a 
monument ; 

thence  south  53°  02'  20"  west  65.79  feet  to  a  point 
in  the  west  limit  of  Lot  10  Concession  4; 

thence    south    53°  02'  20"    west    15.45    feet    to    a 
monument ; 

thence    north    50°  03'  10"    west    31.78    feet    to    a 
monument ; 

thence  north  40°  12'  10"  east  36.82  feet  to  the  west 
limit  of  Lot  10  Concession  4 ; 

thence    north    40°  12'  10"    east    69.66    feet    to    a 
monument ; 


thence  north  79°  27'  30"  west  67.72  feet  to  the  west 
limit  of  Lot  10  Concession  4; 

thence    north    79°  27'  30"    west    6.83    feet    to    a 
monument ; 

thence  north  54°  17'  30"  west  101.94  feet  to  the  east 
limit  of  Lot  1 1  Concession  4 ; 

thence    north    54°  17'  30"    west    33.07    feet    to    a 
monument; 

thence    north    46°  38'  50"    west    122.71    feet    to    a 
monument ; 

thence    north    36°  45' 20"    west    113.18    feet    to    a 
monument ; 

thence    north    27°  52' 10"    west    71.07    feet    to    a 
monument ; 

thence    north    29°  53'  50"    west    49.07    feet    to    a 
monument ; 

thence    north    52°  12'  00"    west    82.72    feet    to    a 
monument ; 

thence    north    82°  14'  10"    west    303.25    feet    to    a 
monument ; 

thence    north    61°  59'  40"    west    163.30    feet    to    a 
monument; 

thence    north    28°  21'  10"    west    88.21    feet    to    a 
monument ; 

thence    north    43°  25'  00"    west    77.30    feet    to    a 
monument ; 

thence    north    53°  58'  30"    west    64.22    feet    to    a 
monument ; 

thence    north    77°  54'  30"    west    74.96    feet    to    a 
monument ; 

thence    south    66°  20'  40"    west    145.31    feet    to    a 
monument ; 

thence    south    61°  59'  30"    west    83.96    feet    to    a 
monument ; 

thence    south    39°  14'  20"    west    104.91    feet    to    a 
monument ; 

thence    south    58°  12'  30"    west    73.88    feet    to    a 
monument ; 

thence    south    67°  20'  30"    west    59.22    feet    to    a 
monument ; 

thence    south    29°  44'  00"    west    44.42    feet    to    a 
monument ; 

thence   south   86°  48' 50"   west    115.63   feet   to   the 
west  limit  of  Lot  1 1  Concession  4 ; 


Reg.  314 


EXPROPRIATIONS 


417 


thence  south  86°  48'  50"  west  89.34  feet  to  a 
monument ; 

thence  north  66°  33' 00"  west  71.96  feet  to  a 
monument ; 

thence  south  87°  16'  20"  west  167.52  feet  to  a 
monument ; 

thence  south  65°  11' 20"  west  42.64  feet  to  a 
monument ; 

thence  north  82°  56'  40"  west  138.92  feet  to  a 
monument ; 

thence  north  88°  22'  00"  west  194.07  feet  to  a 
monument ; 

thence  north  59°  07' 20"  west  119.21  feet  to  a 
monument ; 

thence  north  45°  45'  00"  west  132.52  feet  to  a 
monument ; 

thence  north  36°  30'  10"  west  72.22  feet  to  a 
monument ; 

thence  north  23°  27'  10"  west  143.34  feet  to  a 
monument ; 

thence  north  0°  58'  40"  east  133.09  feet  to  a 
monument ; 

thence  north  4°  44'  40"  east  87.07  feet  to  a  monument ; 

thence  north  19°  12' 00"  east  109.17  feet  to  a 
monument ; 

thence  north  6°  55'  50"  east  93.75  feet ; 

thence  north  73"  13'  30"  east  637.60  feet  to  a 
monument  in  the  west  limit  of  Lot  11  Concession  4; 

thence  northerly  along  the  west  limit  of  Lot  11 
Concession  4  to  the  northwest  corner  thereof, 
marked  by  a  monument ; 

thence  north  12°  59' 00"  west  66.19  feet  to  the 
southwest  corner  of  Lot  1 1  Concession  5,  marked 
by  a  monument ; 

thence  northerly  along  the  west  limit  of  Lot  11 
Concession  5  to  the  northwest  corner  thereof, 
marked  by  a  monument ; 

thence  westerly  along  the  north  limit  of  Lot  12 
Concession  5  a  distance  of  504.86  feet  to  a  monument ; 

thence  north  9°  44'  50"  west  to  the  intersection 
with  the  north  boundary  of  the  Borough  of 
Scarborough ; 

thence  easterly  along  the  north  boundary  of  the 
Borough  of  Scarborough  to  the  northeast  corner 
thereof; 


thence  southerly  along  the  east  boundary  of  the 
Borough  of  Scarborough  to  its  intersection  with  a 
line  drawn  on  the  course  of  north  46°  46'  30"  east 
through  the  point  of  commencement ; 

thence  south  46°  46'  30"  west  36.38  feet,  more  or  less, 
to  the  place  of  beginning.     O.  Reg.  575/72,  Sched.  1. 


Shedule  2 

In  the  Town  of  Markham,  in  The  Regional 
Municipality  of  York,  and  being  the  lands  bounded 
as  follows : 

Premising  that  all  bearings  herein  are  astronomic 
and  referred  to  the  central  meridian  of  Zone  10  of 
the  Ontario  Co-ordinate  System,  being  79°  30'  west 
longitude ; 

Beginning  at  the  southwest  corner  of  Lot  1  Conces- 
sion 9,  marked  by  a  cut  cross  on  a  boulder; 

thence  northerly  along  the  east  limit  of  the  road 
allowance  between  Concessions  8  and  9  to  a 
monument  distant  100.00  feet  measured  southerly 
thereon  from  the  northwest  corner  of  Lot  4  Con- 
cession 9,  marked  by  a  monument ; 

thence  north  72°  40'  50"  east  249.86  feet  to  a 
monument ; 

thence  north  10°  05'  00"  west  100.00  feet  to  a 
monument  in  the  north  limit  of  Lot  4  Concession  9; 

thence  south  72°  39'  40"  west  along  the  north  limit 
of  Lot  4  Concession  9  a  distance  of  40.38  feet  to  a 
monument; 

thence  north  10°  02' 50"  west  1025.20  feet  to  a 
monument ; 

thence  north  72°  50'  20"  east  780.31  feet  to  a 
monument ; 

thence  north  22°  25' 00"  west  71.28  feet  to  a 
monument ; 

thence  north  72°  50' 20"  east  331.48  feet  to  a 
monument ; 

thence  north  21°  29' 40"  west  229.68  feet  to  a 
monument  in  the  north  limit  of  Lot  5  Concession  9; 

thence  south  72°  50'  20"  west  along  the  north  hmit 
of  Lot  5  Concession  9  a  distance  of  5.20  feet  to  a 
monument ; 

thence  north  22°  26'  20"  west  66.28  feet  to  a 
monument  in  the  south  limit  of  Lot  6  Concession  9; 

thence  south  72°  50'  20"  west  along  the  south  limit 
of  Lot  6  Concession  9  a  distance  of  37.28  feet  to  the 
southeast  corner,  marked  by  a  monument,  of  Lot  15 
of  Block  E  according  to  Registered  Plan  19,  duly 


418 


EXPROPRIATIONS 


Reg.  314 


registered  in  the  Land  Registry  Office  for  the  Registry 
Division  of  Toronto  Boroughs  and  York  South; 

thence  north  10°  27'  10"  west  along  the  east  limit 
of  said  Lot  15  a  distance  of  165.00  feet  to  the 
northeast  corner  thereof,  marked  by  a  monument; 

thence  south  72°  50'  20"  west  along  the  north  limit 
of  said  Block  E  562.21  feet  to  the  northwest  corner 
of  Lot  8  of  Block  E,  marked  by  a  monument ; 

thence  south  10°  22'  40"  east  along  the  west  limit 
of  said  Lot  8  a  distance  of  165.00  feet  to  the 
southwest  corner  thereof,  marked  by  a  monument ; 

thence  south  72°  50'  20"  west  along  the  south  limit 
of  Lot  6  Concession  9  a  distance  of  16.62  feet  to  the 
southeast  corner  of  Lot  7  of  said  Block  E,  marked 
by  a  monument ; 

thence  north  10°  22'  40"  west  along  the  east  limit 
of  said  Lot  7  a  distance  of  165.00  feet  to  the 
northeast  corner  thereof,  marked  by  a  monument ; 

thence  south  72°  50'  20"  west  along  the  north  limit 
of  said  Block  E  298.00  feet  to  the  northwest  corner 
of  Lot  4  of  said  Block  E,  marked  by  a  monument; 

thence  south  10°  22'  40"  east  along  the  west  limit 
of  said  Lot  4  a  distance  of  165.00  feet  to  the 
southwest  corner  thereof,  marked  by  a  monument; 

thence  south  72°  50'  20"  west  along  the  south  limit 
of  Lot  6  Concession  9  a  distance  of  33.00  feet  to  the 
southeast  corner  of  Lot  3  of  said  Block  E,  marked 
by  a  monument ; 

thence  north  10°  22'  40"  west  along  the  east  limit 
of  said  Lot  3  a  distance  of  165.00  feet  to  the 
northeast  corner  thereof,  marked  by  a  monument ; 

thence  south  72°  50'  20"  west  along  the  north  limit 
of  said  Block  E  to  its  intersection  with  the  east 
limit  of  Block  D  according  to  said  Registered  Plan  19, 
marked  by  a  monument ; 

thence  north  10°  24'  40"  west  along  the  east  limit 
of  said  Block  D  a  distance  of  496.43  feet  to  a 
monument ; 

thence  north  10°  10'  40"  west  continuing  along  the 
east  limit  of  said  Block  D  a  distance  of  67.08  feet 
to  the  northeast  corner  of  Lot  7  of  said  Block  D, 
marked  by  a  monument ; 

thence  south  71°  42'  west  along  the  north  limit  of 
said  Lot  7  of  Block  D  a  distance  of  165.37  feet  to 
the  northwest  corner  thereof,  marked  by  a  monument ; 

thence  north  10°  22'  40"  west  along  the  west  limit 
of  Lot  6  Concession  9  a  distance  of  33.00  feet  to  the 
southwest  corner  of  Lot  8  of  said  Block  D,  marked 
by  a  monument ; 


thence  north  71°  42'  east  along  the  south  limit  of 
said  Lot  8  of  Block  D  a  distance  of  165.38  feet  to  the 
southeast  corner  thereof,  marked  by  a  monument; 

thence  north  10°  24'  50"  west  along  the  east  limit  of 
said  Block  D  a  distance  of  330.40  feet  to  a  monument ; 

thence  north  8°  52'  30"  west  continuing  along  the 
east  limit  of  Block  D  a  distance  of  244.84  feet  to 
the  northeast  corner  of  Lot  12  of  said  Block  D, 
marked  by  a  monument ; 

thence  south  72°  21'  30"  west  along  the  north  limit 
of  said  Lot  12  of  Block  D  a  distance  of  171.38  feet 
to  the  northwest  corner  thereof,  marked  by  a 
monument,  being  a  point  in  the  east  limit  of  the 
road  allowance  between  Concessions  8  and  9 ; 

thence  northerly  along  the  east  limit  of  the  road 
allowance  between  Concessions  8  and  9  to  a  point 
thereon,  marked  by  a  monument,  distant  15.00  feet 
measured  northerly  thereon  from  the  southwest 
corner  of  Lot  12  Concession  9 ; 

thence  north  72°  05' 20"  east  1758.00  feet  to  a 
monument ; 


thence   north    10°  37'  40" 
monument ; 


west    1260.00   feet    to   a 


thence    south    72°  08'  10"    west    708.52    feet    to    a 
monument; 

thence    south    72°  22'  10"    west    823.03    feet    to    a 
monument; 


thence    south 
monument ; 


10°  38'  10"    east    99.59    feet    to    a 


thence  south  71°  57'  10"  west  226.56  feet  to  a  point, 
marked  by  a  monument,  in  the  east  limit  of  the  road 
allowance  between  Concessions  8  and  9  distant  166.56 
feet  measured  southerly  thereon  from  the  northwest 
corner  of  Lot  12  Concession  9,  marked  by  a  monument ; 

thence  northerly  along  the  east  limit  of  the  road 
allowance  between  Concessions  8  and  9  to  the 
northwest  corner  of  Lot  19  Concession  9,  marked 
by  a  monument ; 

thence  easterly  along  the  north  limit  of  Lot  19 
Concession  9  a  distance  of  3421.09  feet  to  its  inter- 
section, marked  by  a  monument,  with  a  line  drawn 
parallel  to  the  eastern  boundary  of  Lots  18  and  19 
Concession  9  a  distant  3300  feet  measured  westerly 
therefrom  and  at  right  angles  thereto; 

thence  southerly  along  said  parallel  line  2661.88  feet 
to  its  intersection  with  the  south  limit  of  Lot  18 
Concession  9,  marked  by  a  monument ; 

thence  easterly  along  the  south  limit  of  Lot  18 
Concession  9  to  the  southeast  corner  thereof, 
marked  by  a  monument ; 


Reg.  314 


EXPROPRIATIONS 


419 


thence  north  72°  21'  30"  east  66.55  feet  to  a  point, 
marked  by  a  monument,  in  the  west  hmit  of  Lot  17 
Concession  10; 

thence  north  10°  15'  20'  west  along  the  west  limit  of 
Lot  17  Concession  10  a  distance  of  45.00  feet  to  the 
northwest  corner  thereof,  marked  by  a  monument ; 

thence  easterly  along  the  north  limit  of  Lot  17 
Concession  10  a  distance  of  2960.78  feet  to  its 
intersection,  marked  by  a  monument,  with  a  line 
drawn  parallel  to  the  easterly  boundary  of  Lot  17 
Concession  10  and  distant  2500  feet  measured 
westerly  therefrom  and  at  right  angles  thereto; 

thence  south  18°  52' 50"  east  along  the  last-men- 
tioned parallel  line,  1292.45  feet  to  its  intersection, 
marked  by  a  monument  with  the  south  limit  of 
Lot  17  Concession  10; 

thence  easterly  along  the  southerly  limit  of  Lot  17 
Concession  10  and  the  production  thereof  to  inter- 
section with  the  easterly  boundary  of  the  Town  of 
Markham ; 

thence  southerly  along  the  easterly  boundary  of  the 
Town  of  Markham  to  its  southerly  boundary ; 

thence  westerly  along  the  southerly  boundary  of  the 
Town  of  Markham  to  its  intersection  with  a  line 
drawn  on  the  course  of  south  9°  44'  50"  east  through 
the  point  of  commencement ; 

thence  north  9°  44'  SO"  west  to  the  place  of  beginning. 
O.  Reg.  575/72,  Sched.  2. 


Schedule  3 

In  the  Township  of  Pickering  in  the  County  of 
Ontario,  as  they  existed  on  the  3 1st  day  of  December, 
1973,  and  being  the  lands  bounded  as  follows: 

Premising  that  all  bearings  herein  are  astronomic 
and  referred  to  the  central  meridian  of  Zone  10  of  the 
Ontario  Co-ordinate  System,  being  79°  30'  west 
longitude ; 

Beginning  at  the  point  of  intersection,  marked  by  a 
monument,  of  a  line  drawn  on  a  course  of  north 
70°  24'  10"  east  through  the  southeast  corner  of  Lot  17 
Concession  10  in  the  Town  of  Markham  in  The  Reg- 
ional Municipality  of  York  with  the  west  limit  of  Lot 
35  Concession  6  in  the  Township  of  Pickering  and 
which  point  of  intersection  is  distant  2610.78  feet 
measured  south  18°  53'  00"  east  along  the  said  west 
limit  from  the  northwest  corner  of  Lot  35  Concession 
6,  marked  by  a  monument; 

thence  south  18°  53' 00"  east  along  said  west  limit 
794.21  feet  to  a  monument ; 

thence    north    73°  09'  30"    east    964.93    feet    to    a 
monument ; 


thence  north  19°  38'  20"  west  10.00  feet  to  a 
monument ; 

thence  north  72°  52'  30"  east  746.26  feet  to  a 
monument  in  the  east  limit  of  Lot  35  Concession  6 ; 

thence  north  17°  30'  00"  west  along  the  east  limit 
of  Lot  35  Concession  6  a  distance  of  527.74  feet  to  a 
monument ; 

thence  north  72°  30'  00"  east  66.00  feet  to  a 
monument  in  the  west  limit  of  Lot  34  Concession  6 ; 

thence  south  17°  30' 00"  east  along  the  west  limit 
of  Lot  34  Concession  6  a  distance  of  350.67  feet  to 
a  monument ; 

thence  north  70°  45'  40'  east  1333.18  feet  to  a 
monument  in  the  division  line  between  lots  33  and  34 
Concession  6; 

thence  north  79°  28'  20"  east  703.06  feet  to  a 
monument ; 

thence  north  72°  05'  00"  east  625.00  feet  to  a 
monument  in  the  east  limit  of  Lot  33  Concession  6; 

thence  south  17°  55'  00"  east  along  the  east  limit 
of  Lot  33  Concession  6  a  distance  of  64.72  feet  to  a 
monument; 

thence  north  71°  58'  00'  east  66.00  feet  to  a 
monument  in  the  west  limit  of  Lot  32  Concession  6; 

thence  south  17°  55' 00"  east  along  the  west  limit 
of  Lot  32  Concession  6  a  distance  of  1500.00  feet 
to  its  intersection,  marked  by  a  monument,  with  a 
line  drawn  parallel  to  the  south  limit  of  Lot  32 
Concession  6  and  distant  2000  feet  measured 
northerly  therefrom  and  at  right  angles  thereto; 

thence  easterly  along  said  parallel  line  to  its  inter- 
section, marked  by  a  monument,  with  the  east  limit 
of  Lot  32  Concession  6 ; 

thence  easterly  on  a  line  drawn  parallel  to  the 
south  limit  of  Lot  31  Concession  6  and  distant 
2000  feet  measured  northerly  therefrom  and  at  right 
angles  thereto,  to  its  intersection,  marked  by  a  monu- 
ment, with  the  west  limit  of  Lot  30  Concession  6; 

thence  southerly  along  the  west  limit  of  Lot  30 
to  its  intersection  with  the  northerly  limit  of  the 
King's  Highway  as  widened  (known  as  Highway 
No.  7)  and  shown  on  a  plan  deposited  in  the 
Land  Registry  Office  for  the  Registry  Division  of 
Durham  as  number  150; 

thence  easterly  following  the  northerly  limit  of  said 
highway  as  shown  on  plans  deposited  in  said  Land 
Registry  Office  as  numbers  150,  216,  307  and  272  to  its 
intersection  with  the  production  northerly  of  the  west 
limit  of  Lot  14  according  to  Registered  Plan  10  duly 
registered  in  said  Land  Registry  Office; 


420 


EXPROPRIATIONS 


Reg.  314 


thence  southerly  and  easterly  to  and  along  the 
westerly  and  southerly  boundaries  of  said  Lot  14 
to  the  southeast  corner  thereof  being  a  point  in  the 
west  limit  of  Lot  12  according  to  Registered  Plan 
530,  duly  registered  in  said  Registry  Office ; 

thence  southerly  along  the  west  limit  of  said  Lot  12 
to  the  southwest  corner  thereof; 

thence  easterly  along  the  south  limits  of  Lots  12,  11, 
10,  9,  8  and  7  according  to  said  Registered  Plan  530 
to  the  southeast  corner  of  said  Lot  7 ; 

thence  northerly  along  the  east  limit  of  said  Lot  7 
to  the  northwest  corner  of  a  one  foot  reserve 
according  to  said  Registered  Plan  530 ; 

thence  easterly  along  the  north  limit  of  the  said 
one  foot  reserve  to  the  northeast  corner  thereof ; 

thence  southerly  along  the  easterly  limit  of  the  said 
one  foot  reserve  to  the  southeast  corner  thereof, 
also  being  the  southwest  corner  of  Lot  6  according 
to  said  Registered  Plan  530. 

thence  easterly  along  the  southerly  limit  of  said 
Lot  6  to  the  southeast  corner  thereof  also  being  the 
southwest  corner  of  Lot  5  according  to  said 
Registered  Plan  10; 

thence  easterly,  southerly  and  easterly  following 
the  limit  of  said  Registered  Plan  10  to  the  southeast 
corner  of  Lot  7  according  to  said  Registered  Plan  10 ; 

thence  northerly  along  the  east  limit  of  the  last- 
mentioned  Lot  7  to  its  intersection  with  the  westerly 
production  of  the  south  limit  of  Lot  58  according 
to  said  Registered  Plan  10; 

thence  easterly  to  and  along  the  south  limit  of  said 
Lot  58,  to  the  southeast  corner  thereof; 

thence  northerly  and  easterly  following  the  easterly 
and  southerly  limits  of  said  Registered  Plan  10  to 
the  southeast  corner  of  Lot  34  according  to  said 
Registered  Plan  10; 

thence  northerly  following  the  easterly  limit  of  said 
Registered  Plan  10  and  the  production  northerly 
thereof  to  its  intersection  with  northerly  limit  of 
the  King's  Highway  (known  as  Highway  7)  as  shown 
on  a  plan  deposited  in  said  Land  Registry  Office  as 
number  288; 

thence  easterly  along  the  northerly  limit  of  the  said 
King's  Highway  to  its  intersection  with  the  pro- 
duction northerly  of  the  east  limit  of  Lot  17 
Concession  5 ; 

thence  southerly  to  and  along  the  east  limit  of  Lot  17 
Concession  5  and  the  production  thereof  to  its  inter- 
section with  the  north  limit  of  Lot  17  Concession  4; 

thence  easterly  along  the  north  limit  of  Lot  17 
Concession  4  a  distance  of  126.33  feet  to  a  monument ; 


thence  south  16°  29'  40"  east  203.01  feet  to  a 
monument ; 

thence  north  72°  59' 20"  east  203.19  feet  to  a 
monument  in  the  east  limit  of  Lot  17  Concession  4; 

thence  southerly  along  the  east  limit  of  Lot  17 
Concession  4  to  a  point  distant  4433.41  feet  measured 
southerly  thereon  from  the  northeast  corner  thereof ; 

thence  north  60°  57'  10"  east  688.66  feet; 

thence  north  60°  07'  40"  east  755.95  feet ; 

thence  south  15°  59'  50"  east  563.14  feet  to  a 
monument ; 

thence  south  15°  58'  30"  east  397.03  feet  to  a 
monument ; 

thence  south  14°  57' 00"  east  101.47  feet  to  a 
monument ; 

thence  south  15°  24'  10"  east  317.45  feet  to  a 
monument ; 

thence  south  18°  41'  20"  east  126.30  feet  to  a 
monument; 

thence  south  13°  32'  50"  east  58.00  feet  to  a 
monument ; 

thence  south  15°  56'  20"  east  350.79  feet  to  the 
north  limit  of  the  Canadian  Pacific  Railway  right- 
of-way  ; 

thence  westerly  along  the  limit  of  the  Canadian 
Pacific  Railway  right-of-way  1.48  feet  to  its  inter- 
section with  the  east  limit  of  Lot  16  Concession  4; 

thence  southerly  along  the  east  limit  of  Lot  16 
Concession  4  a  distance  of  102.27  feet  to  the 
south  limit  of  the  Canadian  Pacific  Railway  right- 
of-way  ; 

thence  easterly  along  the  south  limit  of  the  Canadian 
Pacific  Railway  right-of-way  1 .30  feet  to  a  monument ; 

thence  south  16°  21'  50"  east  614.59  feet  to  a 
monument ; 

thence  south  16°  06'  40"  east  27.01  feet  to  the 
southeast  corner  of  Lot  16  Concession  4; 

thence  south  17°  56'  30"  east  66.00  feet  to  the  north 
limit  of  Lot  16  Concession  3; 

thence  north  72°  00'  40"  east  along  the  north  limit 
of  Lot  16  Concession  3  a  distance  of  49.18  feet  to 
the  northeast  corner  thereof ; 

thence  southerly  along  the  east  limit  of  Lot  16 
Concession  3  a  distance  of  4618.51  feet  to  a 
monument ; 


Reg.  314 


EXPROPRIATIONS 


421 


thence  south  50°  05' 40'  west  4201.07  feet  to  a 
monument  in  the  south  Hmit  of  Lot  18  Concession  3 ; 

thence  south  45°  47' 20"  west  148.12  feet  to  a 
monument  in  the  north  limit  of  Lot  18  Concession  2 ; 

thence  south  30°  28'  40"  west  74.58  feet  to  a 
monument ; 

thence  south  54°  21' 50"  west  172.97  feet  to  a 
monument ; 

thence  south  50°  48'  00"  west  1494.09  feet  to  a 
monument ; 

thence  south  50°  46' 30'  west  411.04  feet  to  a 
monument ; 

thence  south  50°  05'  40'  west  1014.62  feet  to  a 
monument  in  the  east  limit  of  Lot  21  Concession  2; 

thence  south  17°  59'  20"  east  along  the  east  limit 
of  Lot  21  Concession  2  a  distance  of  494.01  feet; 

thence  south  68°  53' 00"  west  354.10  feet  to  a 
monument ; 

thence  south  69°  14' 40'  west  651.50  feet  to  a 
monument ; 

thence  south  71°  08' 30"  west  318.78  feet  to  a 
monument  in  the  west  limit  of  Lot  2 1  Concession  2 ; 

thence  north  17°  42'  30'  west  along  the  west  Hmit 
of  Lot  21  Concession  2  a  distance  of  18.30  feet  to  a 
monument ; 

thence  south  50°  46'  20"  west  4386.71  feet  to  a 
monument  in  the  east  limit  of  Lot  25  Concession  2 ; 

thence  south  17°  43'  20"  east  along  the  east  limit 
of  Lot  25  Concession  2  a  distance  of  782.59  feet 
to  a-monument ; 

thence  south  72°  17'  00"  west  368.00  feet  to  a 
monument ; 

thence  south  17°  44' 50"  east  115.00  feet  to  a 
monument ; 

thence  north  72°  16'  00'  east  268.00  feet  to  a 
monument ; 

thence  north  86°  21' 00"  east  103.12  feet  to  a 
monument  in  the  east  limit  of  Lot  25  Concession  2 ; 

thence  south  17°  43'  20"  east  along  the  east  limit 
of  Lot  25  Concession  2  a  distance  of  594.40  feet  to  a 
monument ; 

thence  south  81°  33'  30"  west  1993.98  feet  to  a 
monument ; 

thence  south  16°  39' 00"  east  381.80  feet  to  a 
monument ; 


thence  south  73°  24'  00"  west  647.49  feet  to  a 
monument ; 

thence  north  17°  08' 00"  west  172.91  feet  to  a 
monument ; 

thence  south  73°  08'  30"  west  387.78  feet  to  a 
monument ; 

thence  south  52°  59' 00"  west  361.57  feet  to  a 
monument ; 

thence  south  67°  44'  30'  west  679.80  feet  to  a 
monument  in  the  west  limit  of  Lot  27  Concession  2 ; 

thence  south  50°  46'  40"  west  890.83  feet  to  a 
monument ; 

thence  south  46°  13'  30"  west  563.37  feet  to  the  west 
limit  of  Lot  28  Concession  2 ; 

thence  south  46°  11'  20"  west  73.47  feet  to  the  east 
limit  of  Lot  29  Concession  2 ; 

thence  south  46°  13'  30"  west  332.27  feet  to  a 
monument ; 

thence  south  47°  51' 50"  west  1041.29  feet  to  a 
monument ; 

thence  south  52°  23'  00"  west  94.42  feet  to  a 
monument  in  the  west  limit  of  Lot  29  Concession  2 ; 

thence  south  52°  26'  20'  west  710.76  feet  to  a 
monument ; 

thence  south  17°  09'  00'  east  180.65  feet  to  a 
monument  in  the  south  Hmit  of  Lot  30  Concession  2 ; 

thence  south  74°  08'  20'  west  659.07  feet  along  the 
south  limit  of  Lot  30  Concession  2  to  its  intersection 
with  the  production  northerly  of  the  east  limit  of 
Lot  31  Concession  1,  marked  by  a  monument; 

thence  south  17°  24'  00'  east  to  and  along  the  east 
Hmit  of  Lot  31  Concession  1  a  distance  of  363.00  feet 
to  a  monument ; 

thence  south  73°  59' 00'  west  508.00  feet  to  a 
monument ; 

thence  south  46°  49'  40'  west  167.82  feet  to  a 
monument ; 

thence  south  46°  50'  20'  west  1476.97  feet ; 

thence  south  46°  49'  50"  west  757.27  feet  to  a 
monument ; 

thence  south  46°  47'  10"  west  17.95  feet ; 

thence  south  46°  50'  10'  west  92.59  feet  to  a 
monument ; 

thence  south  17°  54'  20'  east  208.95  feet  to  a 
monument ; 


422 


EXPROPRIATIONS 


Reg.  314 


thence    south    70°  07'  50"    west    415.53    feet    to    a 
monument; 


thence    south    46°  49'  30" 
monument ; 

thence    south    46°  45'  00" 
monument ; 


west    370.85    feet    to    a 


west    484.77    feet    to    a 


thence  south  46°  07'  40"  west  80.35  feet  to  a 
monument  in  the  east  limit  of  Lot  22  according 
to  Registered  Plan  329  duly  registered  in  the 
Registry  Office  for  the  Registry  Division  of  Ontario 
County  at  Whitby; 

thence  south  17°  26'  20"  east  along  the  east  limit 
of  said  Lot  22  a  distance  of  166.93  feet  to  the 
southeast  corner  thereof,  marked  by  a  monument; 

thence  south  72°  49'  20"  west  along  the  south  limit 
of  said  Lot  22  a  distance  of  403.30  feet  to  a  monument ; 

thence  south  46°  49'  40"  west  395.25  feet  to  a 
monument  in  the  east  limit  of  Lot  6  according  to 
said  Registered  Plan  329 ; 

thence  south  17°  19'  00"  east  along  the  east  limit 
of  said  Lot  6  a  distance  of  190.17  feet  to  the 
southeast  corner  thereof,  marked  by  a  monument; 

thence  south  72°  53'  50"  west  along  the  south  limit 
of  said  Lot  6  a  distance  of  388.52  feet  to  a  monument ; 


thence    south    46°  51'  00" 
monument ; 


west    235.20    feet    to    a 


thence  south  46°  50'  10"  west  840.83  feet  to  a 
monument ; 

thence  south  19°  16'  40"  east  199.35  feet  to  a 
monument ; 

thence  south  72°  33' 40"  west  420.39  feet  to  a 
monument ; 

thence  south  46°  46'  30'  west  289.60  feet  to  a 
monument  in  the  west  limit  of  Lot  35  Concession  1 
distant  3415.05  feet  measured  southerly  along  the 
west  limit  of  Lot  35  Concession  1  from  the  north- 
west corner  thereof,  marked  by  a  monument ; 

thence  south  46°  46'  30"  west  36.38  feet  more  or  less 
to  its  intersection  with  the  west  boundary  of  the 
Township  of  Pickering ; 

thence  northerly  along  the  west  boundary  of  the 
Township  of  Pickering  to  its  intersection  with  a  line 
drawn  on  the  course  of  south  70°  24'  10"  west  through 
the  point  of  commencement ; 

thence  north  70°  24'  10"  east  32  feet,  more  or  less,  to 
the  place  of  beginning. 

O.  Reg.  575/72,  Sched.  3. 


Schedule  4 

In  the  Town  of  Markham,  and  in  the  Town  of 
Whitchurch-Stouffville  both  in  The  Regional 
Municipality  of  York,  and  being  composed  of: 

1.  All  that  part  of  Lots  25,  26,  27,  28,  29,  30  and  31 
in  Concession  8  in  the  Town  of  Markham  lying 
east  of  a  line  drawn  parallel  to  the  eastern 
boundary  of  said  Lots  25,  26,  27,  28,  29,  30 
and  31  and  distant  3300  feet  measured  westerly 
therefrom  at  right  angles  thereto. 

2.  All  that  part  of  Lots  18  and  19,  in  Con- 
cession 9  in  the  Town  of  Markham  lying  east 
of  a  line  drawn  parallel  to  the  eastern  boundary 
of  said  Lots  18  and  19  and  distant  3300  feet 
measured  westerly  therefrom  at  right  angles 
thereto. 

3.  All  of  Lots  20,  21,  22,  23,  24,  25,  26,  27,  28, 
29,  30  and  31  in  Concession  9  in  the  Town  of 

Markham. 

4.  All  that  part  of  Lot  17  in  Concesssion  10  in 
the  Town  of  Markham  lying  east  of  a  line 
drawn  parallel  to  the  eastern  boundary  of  the 
said  Lot  and  distant  2500  feet  measured  westerly 
therefrom  at  right  angles  thereto. 

5.  All  of  Lots  18,  19,  20,  21,  22,  23,  24,  25,  26,  27, 
27,  28,  29,  30  and  31  in  Concession  10  in  the 
Town  of  Markham. 

6.  All  of  the  east  half  of  Lot  32  in  Concession  9 
in  the  Town  of  Whitchurch-Stouffville. 

7.  All  that  part  of  Lot  32  in  Concession  10  in  the 
Town  of  Whitchurch-Stouffville  lying  south 
of  a  line  drawn  parallel  to  the  northern 
boundary  of  the  said  Lot  and  distant  650  feet 
measured  southerly  therefrom  at  right  angles 
thereto. 

8.  All  that  part  of  the  allowance  for  road 
between  Lots  25  and  26  in  Concession  8  in  the 
Town  of  Markahm  lying  east  of  a  line  drawn 
parallel  to  the  production  northerly  of  the  east- 
ern boundary  of  said  Lot  25  and  distant  3300 
feet  measured  westerly  therefrom  at  right  angles 
thereto. 

9.  All  that  part  of  the  allowance  for  road 
between  Lots  30  and  31  in  Concession  8  in  the 
Town  of  Markham  lying  east  of  a  line  drawn 
parallel  to  the  production  northerly  of  the  eastern 
boundary  of  said  Lot  30  and  distant  3300  feet 
measured  westerly  therefrom  at  right  angles 
thereto. 

10.  All  of  the  allowance  for  roads  between  Lots  20 
and  21,  between  Lots  25  and  26  and  between 
Lots  30  and  31  in  Concessions  9  and  10  in  the 
Town  of  Markham. 


Reg.  314 


EXPROPRIATIONS 


423 


11.  All  of  the  allowance  for  road  between  Con- 
cessions 8  and  9  in  the  Town  of  Markham 
lying  between  the  production  easterly  of  the 
southern  boundary  of  Lot  25  in  Concession  8 
and  the  production  westerly  of  the  northern 
boundary  of  Lot  31  in  Concession  9. 

12.  All  of  the  allowance  for  road  between  Con- 
cessions 9  and  10  in  the  Town  of  Markham 
and  in  the  Town  of  Whitchurch-Stouffville 
lying  between  the  production  easterly  of  the 
southern  boundary  of  Lot  18  in  Concession  9 
and  the  production  westerly  of  a  line  drawn 
parallel  to  the  northern  boundary  of  Lot  32  in 
Concession  10  and  distant  650  feet  measured 
southerly  therefrom  at  right  angles  thereto. 

13.  All  of  the  allowance  for  road  between  the  Town 
of  Markham  and  the  Township  of  Pickering, 
in  the  County  of  Ontario,  lying  between  the 
production  easterly  of  the  southern  boundary 
of  Lot  17  in  Concession  10  in  the  Town  of 
Markham  and  the  production  westerly  of  the 
northern  boundary  of  the  south  half  of  Lot  35 
in  Concession  9  in  the  Township  of  Pickering. 
O.  Reg.  575/72,  Sched.  4. 


Schedule  5 

In  the  Townships  of  Pickering  and  Uxbridge, 
in  the  County  of  Ontario,  as  they  existed  on  the 
31st  day  of  December,  1973  and  being  composed  of: 

1.  All  that  part  of  Lot  18  in  Concession  5  in  the 
Township  of  Pickering,  being  all  of  Lots  1,  2,  3,  4, 
5,  6,  7,  8,  9,  10,  11,  12,  13,  14,  IS,  16,  17,  18,  19, 
20,  21,  22,  23,  24,  25,  26,  27,  28,  29,  30,  31,  32, 
33,  34,  35,  36,  37,  38,  39,  40,  41,  42,  43,  44,  45, 
46,  47,  48,  49,  50,  51,  52, 53, 54, 55, 56, 57  and  58 
and  all  of  the  streets  as  shown  on  the  plan  of  the 
Village  of  Brougham,  registered  in  the  Land 
Registry  Office  for  the  Registry  Division  of 
Durham  (No.  40)  as  Plan  Number  10,  including 
that  part  of  the  allowance  for  road  betwen  Lots  18 
and  19  in  said  Concession  5  lying  north  of  the 
production  westerly  of  the  southern  boundary  of 
said  Lot  58. 

2.  All  that  part  of  Township  Lot  19  in  Concession  5, 
Township  of  Pickering,  being  composed  of  all  of 
Lots  1,  2,  3,  4,  5,  6,  7,  8,  9,  10,  11,  12,  13,  14,  IS 
and  16  and  all  of  the  streets  as  shown  on  the  said 
plan  of  the  Village  of  Brougham,  registered  as 
Plan  Number  10. 

3.  All  that  part  of  Township  Lot  18  in  Concession  6, 
Township  of  Pickering,  being  composed  of  all  of 
Lots  1,  2,  3,  4  and  5  as  shown  on  the  said  plan  of 
the  Village  of  Brougham,  registered  as  Plan 
Number  10. 


4.  All  that  part  of  Township  Lot  19  in  Concession  6, 
Township  of  Pickering,  being  composed  of  all  of 
Lots  1,  2,  3,  4,  5,  6,  7,  8,  9,  10,  11,  12,  13,  14,  15, 
16,  17,  18,  19,  20,  21,  22,  23,  24  and  25  and  all  of 
the  streets  as  shown  on  the  said  plan  of  the  Village 
of  Brougham,  registered  as  Plan  Number  10. 

5.  AU  of  Lots  1,  2,  3,  4,  5,  6,  7,  8,  9,  10,  11,  12,  13, 
14,  15,  16,  17  and  18  and  all  of  the  streets  and 
avenues,  as  shown  on  a  plan  of  subdivision 
registered  in  the  said  Land  Registry  Office  as  Plan 
Number  530. 

6.  All  of  Lots  17,  18,  19,  20,  21,  22,  23,  24,  25,  26, 
27,  28,  29  and  30  in  Concession  6  in  the 
Township  of  Pickering,  saving  and  excepting 
thereout  and  therefrom  all  those  parts  of  Lots  29 
and  30  taken  for  the  King's  Highway  No.  7, 
as  shown  on  plans  deposited  in  the  said 
Land  Registry  Office  as  Deposited  Plans  No.  150 
Highways,  and  No.  216  Highways. 

7.  All  that  part  of  Lot  31  in  Concession  6  in  the 
Township  of  Pickering,  Ijnng  north  of  a  Hne 
drawn  parallel  to  the  southern  boundary  of 
the  said  Lot  and  distant  2000  feet  measured 
northerly  therefrom  at  right  angles  thereto. 

8.  All  that  part  of  Lot  32  in  Concession  6  in  the 
Township  of  Pickering  being  designated  as 
Part  1  as  shown  on  a  plan  deposited  in  the 
said  Land  Registry  Office  as  Plan  RD-85,  and 
that  part  of  Parts  2  and  3,  as  shown  on  the  said 
Plan,  lying  north  of  a  line  drawn  parallel  to  the 
southern  boundar>'  of  the  said  Lot  and  distant 
2000  feet  measured  northerly  therefrom  at  right 
angles  thereto. 

9.  All  that  part  of  Lot  33  in  Concession  6  in  the 
Township  of  Pickering,  lying  north  of  the 
southern  boundary  of  that  part  of  the  Lot 
designated  as  Part  6,  on  a  plan  deposited  in  the 
said  Land  Registry  Office  as  Plan  RD-83,  and 
north  of  the  straight  line  joining  the  southwesterly 
corner  of  said  Part  6  to  the  southeasterly  corner  of 
Part  10  as  shown  on  the  said  plan,  the  said  part  of 
Lot  33  includes  Parts  2,  3,  4,  5,  6  and  part  of  Parts 
9  and  10  as  shown  in  the  said  Plan  RD-83. 


10.  All  that  part  of  Lot  34  in  Concession  6  in  the 
Township  of  Pickering,  lying  north  of  the 
southern  boundary  of  that  part  of  the  Lot,  desig- 
nated as  Part  10,  on  a  plan  deposited  in  the  said 
Land  Registry  Office  as  Plan  RD-83,  the  said  part 
of  Lot  34  includes  Parts  1,11  and  12  and  part  of 
Part  10. 

11.  All  that  part  of  Lot  35  in  Concession  6  in  the 
Township  of  Pickering,  designated  as  Part  10  on  a 
plan  deposited  in  the  said  Land  Registry  Office  as 
Plan  RD-83  and  that  part  of  the  Lot  lying  north  of 
the  production  westerly  of  that  part  of  the  south 
boundary  of  said  Part  10  having  a  bearing  of 
north  73  degrees,  10  minutes,  10  seconds  east. 


424 


EXPROPRIATIONS 


Reg.  314 


12.  All  of  Lots  17,  18,  19,  20,  21,  22,  23,  24,  25.  26, 
27,  28,  29,  30,  31,  32,  33.  34  and  35  in  Con- 
cession 7  in  the  Township  of  Pickering. 

13.  All  that  part  of  Lot  18  in  Concession  8  in  the 
Township  of  Pickering,  lying  south  of  a  line  drawn 
parallel  to  the  southern  boundary  of  the  said 
Lot  and  distant  2995  feet  measured  northerly 
therefrom  at  right  angles  thereto. 

14.  All  that  part  of  Lot  19  in  Concession  8  in  the 
Township  of  Pickering,  lying  south  of  a  line 
drawn  parallel  to  the  southern  boundary  of  the 
said  Lot  and  distant  3000  feet  measured 
northerly  therefrom  at  right  angles  thereto. 

15.  All  of  Lots  20.  21,  22,  23,  24.  25.  26.  27,  28,  29, 
30,  31,  32,  33,  34  and  35  in  Concession  8  in  the 
Township  of  Pickering. 

16.  All  that  part  of  Lot  21  in  Concession  9  in  the 
Township  of  Pickering,  lying  south  of  a  line 
drawn  parallel  to  the  northern  boundary  of 
the  said  Lot  and  distant  3000  feet  measured 
southerly  therefrom  at  right  angles  thereto. 

17.  All  that  part  of  Lot  22  in  Concession  9  in  the 
Township  of  Pickering,  lying  south  of  a  line 
drawn  parallel  to  the  northern  boundary  of  the 
said  Lot  and  distant  1500  feet  measured 
southerly  therefrom  at  right  angles  thereto. 

18.  All  of  Lots  23,  24,  25,  26.  27,  28.  29,  30,  31 
and  32  in  Concession  9  in  the  Township  of 
Pickering. 

19.  All  of  the  south  half  of  Lot  33  in  Concession  9 
in  the  Township  of  Pickering. 

20.  All  that  part  of  Lot  34  in  Concession  9  in  the 
Township  of  Pickering,  lying  south  of  a  line 
drawn  north  72  degrees,  10  minutes,  east  from 
a  point  in  the  western  boundary  of  the  said 
Lot  distant  4155.43  feet,  measured  north  16 
degrees.  30  minutes,  west  along  the  said 
boundary  from  the  southwest  corner  of  the  said 
Lot  34 :  premising  that  the  bearings  hereinbefore 
mentioned  are  astronomical  and  are  derived 
from  the  western  boundary  of  the  said  Lot 
as  having  a  bearing  of  north  16  degrees,  30 
minutes,  west. 

21.  All  of  the  south  half  of  Lot  35  in  Concession  9 
in  the  Township  of  Pickering. 

22.  All  of  the  allowance  for  road  between  Lots  18 
and  19  Concessions  6  and  7.  and  that  part  of 
the  allowance  for  road  between  Lots  18  and  19, 
Concession  8  in  the  Township  of  Pickering, 
lying  south  of  the  production  westerly  of  a 
line  drawn  parallel  to  the  southern  boundary 
of  Lot  18  and  distant  2995  feet  measured 
northerly  therefrom  and  at  right  angles  thereto. 


23.  All  of  the  allowance  for  road  between  Lots  20 
and  21  in  Concessions  6,  7  and  8  in  the  Township 
of  Pickering. 

24.  All  of  the  allowance  for  road  between  Lots  22 
and  23  in  Concessions  6.  7,  8  and  9  in  the 
Township  of  Pickering. 

25.  All  of  the  allowance  for  road  between  Lots  24 
and  25  in  Concessions  6.  7,  8  and  9  in  the 
Township  of  Pickering. 

26.  All  of  the  allowance  for  road  between  Lots  26 
and  27  in  Concessions  6,  7,  8  and  9  in  the 
Township  of  Pickering. 

27.  All  of  the  allowance  for  road  between  Lots  28 
and  29  in  Concessions  6.  7.  8  and  9  in  the 
Township  of  Pickering. 

28.  All  that  part  of  the  allowance  for  road  between 
Lots  30  and  31  in  Concession  6  in  the  Township 
of  Pickering,  lying  north  of  the  production 
easterly  of  a  line  drawn  parallel  to  the  southern 
boundary  of  said  Lot  31  and  distant  2000  feet 
measured  northerly  therefrom  at  right  angles 
thereto. 

29.  All  that  part  of  the  allowance  for  road  between 
Lots  32  and  33  in  Concession  6  in  the  Township 
of  Pickering,  lying  north  of  the  production 
westerly  of  a  line  drawn  parallel  to  the  southern 
boundary  of  said  Lot  32  and  distant  3500  feet 
measured  northerly  therefrom  at  right  angles 
thereto. 

30.  All  that  part  of  the  allowance  for  road  between 
Lots  34  and  35  in  Concession  6  in  the  Township 
of  Pickering,  lying  north  of  the  south  boundary 
of  Part  10,  as  designated  on  a  plan  deposited 
in  the  said  Land  Registry  Office  as  Plan  RD-83. 

31.  All  of  the  allowance  for  road  between  Lots  30 
and  31  in  Concessions  7,  8  and  9  in  the  Township 
of  Pickering. 

32.  All  of  the  allowance  for  road  between  Lots  32 
and  33  in  Concessions  7.  8  and  9  in  the  Township 
of  Pickering. 

33.  All  of  the  allowance  for  road  between  Lots  34 
and  35  in  Concessions  7  and  8,  and  that  part  of 
said  allowance  for  road  in  Concession  9  in  the 
Township  of  Pickering,  lying  south  of  the  pro- 
duction easterly  of  the  northern  boundary  of 
the  south  half  of  said  Lot  35,  in  said  Concession  9. 

34.  All  of  the  allowance  for  road  between  the 
Township  of  Pickering  and  the  Town  of 
Markham,  in  The  Regional  Municipality  of  York, 
lying  between  the  production  easterly  of  the 
southern  boundary  of  Lot  17  in  Concession  10, 
in  the  Town  of  Markham  and  the  production 
westerly  of  the  northern  boundary  of  the  south 
half  of  Lot  35  in  Concession  9  in  the  Township 
of  Pickering. 


Reg.  314 


EXPROPRIATIONS 


425 


35.  All  of  the  allowance  for  road  between  Con- 
cessions 6  and  7  in  the  Township  of  Pickering, 
lying  west  of  the  production  southerly  of  the 
eastern  boundary  of  Lot  17  in  said  Concession  7. 

36.  All  of  the  allowance  for  road  between  Con- 
cessions 7  and  8  in  the  Township  of  Pickering, 
lying  west  of  the  production  southerly  of  the 
eastern  boundary  of  Lot  18  in  said  Concession  8. 

37.  All  of  the  allowance  for  road  between  Con- 
cessions 8  and  9  in  the  Township  of  Pickering, 
lying  west  of  the  production  southerly  of  the 
eastern  boundary  of  Lot  21  in  said  Concession  9. 

38.  All  that  part  of  Lot  1,  and  that  part  of  Lot  2  in 
Concession  1  in  the  Township  of  Uxbridge,  lying 
east  of  a  line  drawn  parallel  to  the  eastern  bound- 
ary of  said  Lots  1  and  2  and  distant  3000  feet 
measured  westerly  therefrom  at  right  angles 
thereto. 

39.  All  of  Lots  3,  4  and  5  in  Concession  1  in  the 
Township  of  Uxbridge. 


40.  All  of  Lots  1,  2  and  3  in  Concession  2  in  the 
Township  of  Uxbridge  including  all  of  Lots  1,  2, 
3,  4,  5,  6,  7,  8,  9,  10,  11,  12,  13  and  14  and 
Altona  Street  in  the  Village  of  Altona  as  shown  on 
a  plan  of  the  Village  registered  in  the  said  Land 
Registry  Office  as  David  Reesor's  Plan. 

41.  All  that  part  of  Lot  4,  and  all  that  part  of  Lot  5 
in  Concession  2  in  the  Township  of  Uxbridge, 
lying  west  of  a  line  drawn  parallel  to  the 
eastern  boundary  of  said  Lots  4  and  5  and 
distant  3300  feet  measured  westerly  therefrom 
at  right  angles  thereto. 

42.  All  of  the  allowance  for  road  between  Con- 
cessions 1  and  2  in  the  Township  of  Uxbridge, 
lying  south  of  the  production  easterly  of  the 
northern  boundary  of  Lot  5  in  Concession  1. 

43.  All  of  the  allowance  for  road  between  the  Town- 
ship of  Pickering  and  the  Township  of  Uxbridge, 
lying  between  the  production  southerly  of  the 
eastern  boundary  of  Lot  1  in  said  Concession  2  in 
the  Township  of  Uxbridge  and  the  production 
northerly  of  the  eastern  boundary  of  Lot  33  in 
Concession  9  in  the  Township  of  Pickering. 
O.  Reg.  575/72,  Sched.  5. 


. 


Reg.  315 


EXPROPRIATIONS 


427 


REGULATION  315 

under  the  Expropriations  Act 


FORMS 


1. — (1)  An  application  for  approval  to  expropriate 
land  shall  be  in  Form  1 . 

(2)  A  notice  of  application  for  approval  to  ex- 
propriate land  served  and  published  by  an  expro- 
priating 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  subsection  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  expropriating  authority  under  subsection  41  (1)  of 
the  Act  shall  be  in  Form  9. 

(8)  A  notice  of  abandonment  of  land  under  subsec- 
tion 43  (1)  of  the  Act  shall  be  in  Form  10. 

(9)  A  declaration  of  abandonment  under  subsection 
43  (2)  of  the  Act  shall, 

(fl)  where  the  abandoned  land  is  registered  under 
the  Registry  Act,  be  in  Form  11;  and 

(b)  where  the  abandoned  land  is  registered  under 
the  Land  Titles  Act,  be  in  Form  12.  R.R.O. 
1970,  Reg.  285,  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,  partsof)  Lot 

Con 

Registered  Plain 

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.  1970,  Reg.  285,  Form  1. 

Form  2 

Expropriations  Act 

NOTICE   OF   APPLICATION    FOR   APPROVAL 
TO  EXPROPRIATE  LAND 

In  The  Matter  Ok  an  application  by 
(expropriating  authority) 


428 


EXPROPRIATIONS 


Reg.  315 


for    approval    to   expropriate    land    being    (part, 

parts  of)  Lot 

Con 

Registered  Flan 

in  the 

(name  of  local  municipality) 

in  the  County  of 

District  of 

for  the  purpose  of 

(description  of  project  or 

work) 

Notice  Is  Hkrkhy  (iivEx  that  application  has 
been  made  for  approval  to  expropriate  the  land 
described  as  follows: 


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  reasonably  necessarv 
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  he  is  served  with  the 
notice,  or,  when  he  is  served  by  publication, 
within  thirty  days  after  the  first  publication 
of  the  notice ; 

(/;)  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  authoritv) 
(address) 


(name  of  expropriating  authority) 


(signature   of   officer   or   agent    of 
expropriating  authority) 


Notes: 


1.  The  Expropriations  Act  provides  that, 


(a)  where  an  inquiry  is  requested,  it  shall  be 
conducted  by  an  inquiry  officer  appointed  by 
the  Attorney  General; 

(h)   the  inquiry  officer, 

(i)  shall  give  every  party  to  the  in- 
quiry an  opportunity  to  present 
evidence  and  argument  and  to  ex- 
amine and  cross-examine  witnesses, 
either  personally  or  by  his  counsel  or 
agent,  and 

(ii)  may  recommend  to  the  approving 
authority  that  a  party  to  the  inquiry 
be  paid  a  fixed  amount  for  his  costs 
of  the  inquiry  not  to  exceed  S20()  and 
the  approving  authorit\'  may  in  its 
discretion  order  the  expropriating 
authority  to  pay  such  costs  forth- 
with. 

2.  "owner"  and  "registered  owner"  are  defined  in 
the  Act  as  follows: 

"owner"  includes  a  mortgagee,  tenant, 
execution  creditor,  a  person  entitled  to  a 
limited  e>late  or  interest  in  land,  a  commit- 
tee of  the  estate  of  a  mentally  incompetent 
person  or  of  a  person  incapable  of  manag- 
ing his  affairs,  and  a  guardian,  executor, 
administrator  or  trustee  in  whom  land  is 
vested ; 

"registered  owner"  means  an  owner  of  land 
whose  interest  in  the  land  is  defined  and 
whose  name  is  specified  in  an  instrument  in 
the  proper  land  registry  or  sheriffs  office, 
and  includes  a  person  shown  as  a  tenant  of 
land  on  the  last  revised  assessment  roll. 

3.  The  expropriating  authority,  each  owner  who 
notifies  the  approving  authority  that  he  desires 
a  hearing  in  respect  of  the  lands  intended  to  be 
expropriated  and  any  owner  added  as  a  partv 
by  the  inquiry  officer  are  parties  to  the  inquiry. 

(Where  this  notice  is  published,  the  following  shall 
appear  in  each  publication:  "This  notice  first  pub- 
lished on  the day  of 


19. 


To: 


.".)  R.R.O.  1970.  Reg.  285,  Form  2. 

Form  3 

Expropriations  Act 

NOTICE  OF  HEARING 
(party  to  inquiry) 
(address) 


Reg.  315 


EXPROPRIATIONS 


429 


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) 

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  necessary  in  the  achievement 
of  the  objectives  of  the  expropriating  authority. 


Dated  at ,  this . 

19.... 


.  day  of 


(name  of  office  or  authority  giving  notice) 

(address) 

(signature  of  officef  or  agent) 

R.R.O.  1970,  Reg.  285,  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) 
And  In  The  Matter  Of  a  hearing  fixed  for 

the day  of 


(day) 


.,  19. . .  .at  the  hour  of 


(month) 
..o'clock   in   the    noon   at 


(location) 


(address) 
Notice  Is  Hereby  Given  that 


(expropriating 
intends  to  rely  at  the  hearing  on 


authority) 

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  Staturday  and  Sunday  at  the  following 
location  (s): 


Dated  at  ,  this 


day  of 


430 


EXPROPRIATIONS 


Reg.  315 


.,  19. 


(name  of  expropriating  authority) 

(signature  of  officer  or  agent  of 
expropriating  authority) 

R.R.O.  1970,  Reg.  285,  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) 

Dated  at  ,  this  day  of 

,  19  .... 

R.R.O.  1970,  Reg.  285,  Form  5. 
Form  6 
Expropriations  Act 

CERTIFICATE  OF  APPROVAL 

(on  Expropriation  Plan) 

The     hereby 

(name  of  approving  authority) 

certifies  that  approval  was  given  to  


(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.  1970,  Reg.  285,  Form  6. 

Form  7 

Expropriations  Act 

NOTICE  OF  EXPROPRIATION 

To:     

(name  of  owner) 

(address) 
Take  Notice  That: 

1.  The  lands  shown  on  a  plan  registered  in  the 

(name  of  proper  land  registry  office) 


Reg.  315 


EXPROPRIATIONS 


431 


on  the day  of 


19 


as  No have  been  expropriated  and  are 

now  vested  in  the  expropriating  authority. 

2.  The  name  and  address  of  the  expropriating 
authority  for  service  and  further  communica- 
tion 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  in- 
quiry 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  compensation  assessed  as  of 
the  date  of  the  registration  of  the  plan. 

5.  For  your  convenience  a  copy  of  a  Notice  of 
Election  is  furnished  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 
Land  Compensation  Board  if  agreement  with 
respect  to  compensation  cannot  be  reached  by 
negotiation. 

Notwithstanding  paragraph  7 ,  you  may  by  agree- 
ment with  the  expropriating  authority  dispense 
with  the  negotiation  procedures  and  refer  the 
matter    directly    to    the    Land    Compensation 


Board  at 


(address) 


to  have  the  compensation  determined  by  arbi- 
tration. 

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, 

are  set  out  as  follows: 

26.  Where  the  statutory  authority  and  the 
owner  have  not  agreed  upon  the  compensa- 
tion payable  under  this  Act  and  in  the  case 
of  injurious  affection,  section  22  has  been 
complied  with,  or,  in  the  case  of  expro- 
priation, section  25  has  been  complied  with 
or  the  time  for  complying  therewith  has 
expired, 

(a)  the  statutory  authority  or  the  owner 
may  serve  notice  of  negotiation  upon 
the  other  of  them  and  upon  the 
board  of  negotiation  stating  that  it 
or  he,  as  the  case  may  be,  requires 
the  compensation  to  be  negotiated 
under  section  27 ;  or 

(b)  where  the  statutory  authority  and 
the  owner  have  agreed  to  dispense 
with  negotiation  proceedings,  the 
statutory  authority  or  the  owner 
may  serve  notice  of  arbitration  upon 
the  other  of  them  and  upon  the 
Board  to  have  the  compensation 
determined  by  arbitration. 


34. — (1)  Where  the  amount  to  which  an  owner  is 
entitled  upon  an  expropriation  or  claim  for 
injurious  affection  is  determined  by  the 
Board  and  the  amount  awarded  by  the  Board 
is  85  per  cent,  or  more,  of  the  amount  offered 
by  the  statutory  authority,  the  Board  shall 
make  an  order  directing  the  statutory 
authority  to  pay  the  reasonable  legal,  apprai- 
sal and  other  costs  actually  incurred  by  the 
owner  for  the  purposes  of  determining  the 
compensation  payable,  and  may  fix  the  costs 
in  a  lump  sum  or  may  order  that  the  determi- 
nation of  the  amount  of  such  costs  be  referred 
to  a  taxing  officer  of  the  Supreme  Court  who 
shall  tax  and  allow  the  costs  in  accordance 
with  this  subsection  and  the  tariffs  and  rules 
prescribed  under  clause  46  {d). 

(2)  Where  the  amount  to  which  an  owner  is 
entitled  upon  an  expropriation  or  claim  for 
injurious  affection  is  determined  by  the 
Board  and  the  amount  awarded  by  the  Board 


432 


EXPROPRIATIONS 


Reg.  315 


is  less  than  85  per  cent  of  the  amount  offered 
by  the  statutory  authority,  the  Board  may 
make  such  order,  if  any,  for  the  payment  of 
costs  as  it  considers  appropriate,  and  may  fix 
the  costs  in  a  lump  sum  or  may  order  that  the 
determination  of  the  amount  of  such  costs  be 
referred  to  a  taxing  officer  of  the  Supreme 
Court  who  shall  tax  and  allow  the  costs  in 
accordance  with  the  order  and  the  tariffs  and 
rules  prescribed  under  clause  46  (d)  in  like 
manner  to  the  taxation  of  costs  awarded  on  a 
party  and  party  basis. 


Dated  at this 


dav  of 


19. 


(name  of  expropriating  authority) 

(signature   of   officer   or   agent    of 
expropriating  authority) 

(Where  this  notice  is  published,  the  following  shall 
appear  in  each  publication:  "This  notice  first  pub- 
lished on  the   day  of  , 

19....".) 

R.R.O.  1970,  Reg.  285,  Form  7. 
Form  S 
Expropriations  Act 
NOTICE  OF  ELECTION 

To:   


(name  of  expropriating  authority) 
I/We  being  the  registered  owner(s)  of  land  expro- 
priated 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 

hereby  elect  to  have  the  compensa- 


registry  office) 

tion  to  which  I/We  am/are  entitled  assessed, 

□  (a)  where  there  has  been  an  inquiry,  as 
of  the  date  the  notice  of  hearing 
before  the  inquiry  officer  was  served ; 

n  (l>)  as  of  the  date  of  the  registration  of 
the  plan ;  or 


n  (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.  1970,  Reg.  285,  Form  8. 
Form  9 
Expropriations  Act 
NOTICE  OF  POSSESSION 


To: 


(registered  owner) 

Take  Notice: 

I.  That requires  possession 

(expropriating  authority) 

on  the day  of 

19.  .  .  .  of  the  lands  expropriated  from  you  and 

defined  on  the  plan  of  expropriation  registered 

on  the   day  of   

19 ...  .  as  No in  the  Land  Registry 

Office  for  the   Registry   (Land  Titles)   Division 

of  


2.  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  considers  that  under  all  the  circumstances 
the  application  should  be  granted,  may  order 
that  the  date  for  possession  shall  be  on  such 
earlier  or  later  date  as  is  specified  in  the  order. 


Dated  at this 


19. 


day  of 


(name  of  expropriating  authority) 

(signature   of   officer   or   agent   of 
expropriating  authority) 

R.R.O.  1970,  Reg.  285.  Form  9. 

Form  10 

Expropriations  Act 

NOTICE  OF  ABANDONMENT  OF  LAND 


Reg.  315 


EXPROPRIATIONS 


433 


To: 


(name  of  former  owner) 
In  The  Matter  Of  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 

as  No 

Take  Notice  that  — 


.,  19. 


(name  of  expropriating  authority) 


proposes  to  abandon  (if  the  abandonment  contem- 
plates retention  of  a  limited  interest  in  the  land,  state 
nature  of  interest  being  abandoned) 

in  the  above-mentioned  land  described  as  follows: 


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  re- 
quired by  subsection  43  (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  he  has  the  right  to  compensa- 
tion for  consequential  damages;  or 


(6)  require  the  expropriating  authority  to  re- 
tain the  land,  estate  or  interest,  in  which 
case  he  has  the  right  to  full  compensation 
therefor.     R.R.O.  1970,  Reg.  285,  Form  10. 


Form  11 

Expropriations  Act 

DECLARATION  OF  ABANDONMENT 

To  the  Land  Registrar  for  the  Registry  Division  of 


In  The  Matter  Of 


(lot,  concession,  registered 


in  the 

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    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 
applicable    (part  of)   the   expropriated   land   is  un- 
necessary for  the  purposes  of  the 


(expropriating  authority) 


Strike  out    And  Whereas  it  has  been  found  that  a 
if  not  more   limited   estate   or   interest   in   the 

applicable    expropriated  land  only  is  required  by  the 


(expropriating  authority) 


434 


EXPROPRIATIONS 


Reg.  315 


And  Whereas  all  the  owners  entitled  to 
be  notified  of  the  abandonment  have 
elected  in  writing  to  take  back  the  ex- 
propriated land; 

Now  Therefore  the  


(expropriating 
.hereby  declares  that 


authority) 
the  land  described  as  follows: 


is  abandoned.  (Where  applicable,  de- 
scribe the  more  limited  estate  or  interest 
to  be  retained  by  the  expropriating 
authority.) 


Dated  at  ,  this 


.,  19  ... 


day  of 


(name  of  expropriating  authority) 

(signature  of  expropriating 
authority) 

Note:  This  form  is  to  be  used  where  the  land  affected 
thereby  is  registered  under  the  Registry  Act. 

R.R.O.  1970,  Reg.  285,  Form  11. 

Form  12 

Expropriations  Act 
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 

and  shown 

(expropriating  authority) 


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; 

Strike  out 

if  not           And  Whereas  it  has  been  found  that 
applicable    (part  of)   the  expropriated   land   is   un- 
necessary for  the  purposes  of  the 


(expropriating  authority) 


Strike  out    And  Whereas  it  has  been  found  that  a 
if  not  more   limited   estate   or   interest   in   the 

applicable    expropriated  land  only  is  required  by  the 


(expropriating  authority) 

And  Whereas  all  the  owners  entitled  to 
be  notified  of  the  abandonment  have 
elected  in  writing  to  take  back  the 
expropriated  land; 

Now  Therefore,  the 


(expropriating 
hereby    declares    that 


authority) 


the  land  described  as  follows: 


is  abandoned.  (Where  applicable,  de- 
scribe the  more  limited  estate  or  interest 
to  be  retained  by  the  expropriating 
authority.) 


Dated  at  ,  this 

19  .... 


day  of 


(name  of  expropriating  authority) 


(signature  of  expropriating 
authority) 

Note:  This  form  is  to  be  used  where  the  land  affected 
thereby  is  registered  under  the  Land  Titles  Act. 

R.R.O.  1970,  Reg.  285,  Form  12. 


Reg.  316 


EXPROPRIATIONS 


435 


REGULATION  316 


under  the  Expropriations  Act 


RULES  OF  PRACTICE  AND  PROCEDURE  OF 
THE  LAND  COMPENSATION  BOARD 

1.  In  these  Rules, 

(a)  "chairman"  means  the  chairman  of  the 
Board ; 

(b)  "claimant"  means  an  owner  who  has  served 
or  who  has  been  served  with  a  notice  of 
arbitration  under  the  Act ; 

(c)  "municipality"  has  the  same  meaning  as  in 
the  Municipal  Affairs  Act,  and  includes  a 
metropolitan  municipality  and  its  local 
boards  and  a  regional  or  district  municipality 
and  its  local  boards; 

(d)  "registrar"  means  the  registrar  of  the 
Board ; 

(e)  "respondent"  means  a  statutory  authority 
that  has  served  or  that  has  been  served  with 
a  notice  of  arbitration  under  the  Act ; 

(/)  "rules"  means  the  Rules  of  Practice  and 
Procedure  of  the  Board  as  amended  or 
remade  from  time  to  time.  R.R.O.  1970, 
Reg.  286,  r.  1. 

2.  Except  as  otherwise  provided  by  statute,  pro- 
ceedings before  the  Board  for  any  order,  decision  or 
determination  of  the  Board  other  than  the  deter- 
mination of  compensation  pursuant  to  a  notice  of 
arbitration,  shall  be  commenced  by  notice  of  motion 
called  an  originating  notice  which  shall  be  served 
upon  all  parties  affected  by  the  order,  decision  or 
determination  sought,  and  shall  be  filed  with  the 
Board  and  shall  be  returnable  not  earlier  than  seven 
days  and  not  later  than  fifteen  days  after  such 
service.     R.R.O.   1970,  Reg.  286,  r.  2. 

3. — (1)  A  notice  of  arbitration  served  by  an 
owner  as  claimant  for  compensation  shall  be  in 
Form  1. 

(2)  The  claimant  shall  file  with  the  Board  proof  of 
service  of  the  notice  of  arbitration  served  on  the 
statutory  authority  as  respondent  within  ten  days 
after  the  date  of  service  on  the  statutory  authority. 
R.R.O.  1970,  Reg.  286,  r.  3. 

4.  Where  a  statutory  authority  has  been  served 
as  respondent  with  a  notice  of  arbitration  in  Form  1 , 


the  respondent  shall  serve  a  reply  in  Form  2  on  the 
claimant  within  twenty  days  after  service  of  the 
notice  of  arbitration,  and  shall  forthwith  after  service 
of  the  reply  file  a  copy  thereof  with  the  Board. 
R.R.O.  1970,  Reg.  286,  r.  4. 

5. — (1)  A  notice  of  arbitration  served  by  a  statu- 
tory authority  shall  be  in  Form  3. 

(2)  The  statutory  authority  shall  file  with  the 
Board  proof  of  service  of  the  notice  of  arbitration 
served  on  the  owner  as  claimant  within  ten  days 
after  the  date  of  service  on  the  owner.  R.R.O.  1970, 
Reg.  286,  r.  5. 

6.  Except  by  leave  of  the  Board,  where  a  notice  of 
arbitration  has  been  served  by  a  statutory  authority, 
no  application  for  an  order  appointing  the  time  and 
place  of  hearing  the  arbitration  shall  be  entertained 
until  the  owner  as  claimant  has  filed  with  the  Board 
and  served  on  the  statutory  authority  as  respondent 
a  statement  of  his  claim  for  compensation  in  Form 
4,  stating  clearly  and  concisely  the  amount  claimed 
by  him,  the  basis  upon  which  such  amount  is 
calculated  and  the  facts  in  support  of  each  element 
of  compensation  claimed.  R.R.O.  1970,  Reg.  286, 
r.  6. 

7.  Where  a  claimant  has  served  a  statement  of 
claim  under  rule  6,  the  respondent  shall  within 
twenty  days  thereafter  serve  a  reply  in  Form  5  on  the 
claimant  and  forthwith  after  said  service  file  a  copy 
with  the  Board.     R.R.O.  1970,  Reg.  286,  r.  7. 

8.  Where  a  respondent  denies  that  a  claimant  is 
entitled  to  any  compensation  on  the  ground, 

(a)  that  the  claimant  has  no  interest  in  the 
land  expropriated  or  injuriously  affected; 

(6)  that'  no  compensation  is  payable  with 
respect  to  the  interest  of  the  claimant  in 
such  land;  or 

(c)  that  the  claim  of  the  claimant  is  barred  by 
a  provision  in  the  Act  or  any  other  statute, 

it  must  raise  such  denial  in  its  reply,  setting  out  the 
relevant  facts  and  statutory  provisions  relied  on,  and 
unless  the  respondent  has  done  so,  it  may  not  make 
such  denial  at  the  hearing  of  the  arbitration  without 
leave  of  the  Board.     R.R.O.  1970,  Reg.  286,  r.  8. 

9.  A  respondent  may,  at  any  time  before  the 
Board's  determination  of  the  arbitration,  file  with  the 
registrar  under  a  sealed  cover  a  statement  of  the 
amount  of  the  offer  of  compensation  made  by  it  to  the 


436 


EXPROPRIATIONS 


Reg.  316 


claimant  under  section  25  of  the  Act,  exclusive  of  any 
amount  in  respect  of  costs,  and  such  statement  shall 
not  be  opened  by  the  Board  until  after  the  amount 
to  which  the  claimant  is  entitled  is  determined  by  the 
Board.     R.R.O.  1970.  Reg.  286.  r.  9. 

10.  Except  as  provided  in  rule  9.  neither  the 
claimant  nor  the  respondent  shall  state  in  any  notice 
of  arbitration,  statement  of  claim  or  reply  or  other- 
wise in  any  document  filed  with  the  Board  the 
amount  of  any  offer  of  compensation  or  of  any  pay- 
ment by  the  respondent  to  the  claimant  under 
section  25  of  the  Act  or  otherwise.  R.R.O.  1970. 
Reg.  286.  r.  10. 

11.  Service  of  documents  may  be  made. 

(a)  in  the  case  of  the  Crown,  on  the  minister  or 
deputy  minister  of  the  ministry  concerned  or 
a  person  in  the  ministry  concerned 
authorized  to  accept  service  thereof;  and 

{b)  in  the  case  of  a  municipal  or  other  corpora- 
tion or  a  partnership,  on  the  persons  pre- 
scribed by  the  Rules  of  Practice  and  Proce- 
dure of  the  Supreme  Court.  R.R.O.  1970. 
Reg.  286.  r.  11. 

12.  Unless  otherwise  ordered  by  the  Board,  no 
pleadings  other  than  a  notice  of  arbitration,  statement 
of  claim  and  reply  under  these  rules,  are  required  in  an 
arbitration  to  determine  compensation.  R.R.O. 
1970.  Reg.  286.  r.  12. 

13.  The  Rules  of  Practice  and  Procedure  of  the  Su- 
preme Court  relating  to  examinations  for  discovery, 
general  rules  as  to  examinations  and  production  of 
documents  apply,  with  necessary  modifications,  in 
proceedings  under  the  Act.  and,  where  the  Crown  is  a 
party,  apply  in  a  like  manner  as  in  proceedings  against 
the  Crown  under  section  12  of  the  Proceedings  Against 
the  Crown  Act.     R.R.O.  1970,  Reg.  286.  r.  13. 

14.  Where  a  person  has  been  appointed  under  sec- 
tion 39  of  the  Act  to  represent  an  owner,  the  opposite 
party  may  examine  such  person  in  the  place  of  the 
owner  or,  at  his  option,  the  owner,  if  he  is  competent 
to  give  evidence.     R.R.O.  1970.  Reg.  286.  r.  14. 

15. — (1)  The  registrar  shall,  as  soon  as  thirty  days 
have  elapsed  after  service  of  a  notice  of  arbitration 
on  the  Board,  send  to  the  party  who  served  the  notice 
of  arbitration  a  certificate  of  readiness  in  Form  6  in 
blank. 

(2'  Subject  to  rule  6.  upon  being  furnished  with  a 
certificate  of  readiness,  duly  completed  and  signed  by 
or  on  behalf  of  all  parties,  the  Board  may  of  its  own 
motion  appoint  a  time  and  place  for  hearing  the  arbi- 
tration and  shall  mail  notice  of  the  appointment  to  the 
parties.     R.R.O.  1970,  Reg.  286.  r.  15. 

16.  At  any  time  at  least  thirty  days  after  service 
of  a  notice  of  arbitration,  any  party  may  apply  to  the 


Board  on  notice  of  motion  for  an  order  or  for  leave 
under  rule  6  to  apply  for  an  order  appointing  the 
time  and  place  for  hearing  the  arbitration,  and  when 
an  order  has  been  made  appointing  the  time  and 
place  for  the  hearing  the  registrar  shall  mail  notice 
of  the  appointment  to  the  parties  at  least  thirty  days 
before  the  time  of  hearing.  R.R.O.  1970,  Reg.  286, 
r.  16. 

17.  Upon  receipt  of  the  notice  of  appointment  of 
the  time  and  place  for  hearing  the  arbitration,  the 
respondent  shall  at  least  twenty  days  before  the 
hearing  serve  a  copy  of  the  notice  upon  all  regis- 
tered owners  and  also  upon  any  person  known  to  the 
statutory  authority  to  be  an  owner  or  claiming  to 
be  entitled  as  an  owner  to  any  interest  in  the  land 
expropriated  or  injuriously  affected  or  to  the  whole 
or  any  part  of  the  compensation  that  may  be 
awarded  pursuant  to  the  arbitration.  R.R.O.  1970, 
Reg.  286.  r.  17. 

18.  The  Board  may,  on  application  of  any  person 
having  or  claiming  an  interest  as  an  owner  in  the 
land  or  in  the  compensation  that  may  be  awarded 
pursuant  to  an  arbitration,  add  such  person  as  a 
party  to  the  arbitration  proceedings  either  as  a 
claimant  or  a  respondent  on  such  terms  as  it  considers 
proper.     R.R.O.  1970.  Reg.  286,  r.  18. 

19.  At  the  commencement  of  a  hearing  to  deter- 
mine compensation  the  respondent. 

(a)  where  the  arbitration  relates  to  an  expro- 
priation, shall  file  a  copy  of  the  certificate 
of  approval  of  expropriation  under  section 
8  of  the  Act,  the  plan  of  the  expropriated 
land  and  proof  of  its  registration  in  accord- 
ance with  section  9  of  the  Act ;  and 

(b)  shall  file  an  affidavit  proving  service  of  the 
notice  of  appointment  for  the  hearing  in 
accordance  with  rule  17  and  that  the  person? 
served  are  all  persons  required  to  be  served 
under  rule  17.  R.R.O.  1970,  Reg.  286, 
r.  19. 

20.  Subject  to  the  rules,  the  procedure  at  the  hear- 
ing of  any  proceedings  shall  be  such  as  the  Board  ma\' 
direct.     R.R.O.  1970.  Reg.  286,  r.  20. 

21.  Except  on  such  terms  as  the  Board  considers 
proper,  no  evidence  may  be  tendered  by  the  claim- 
ant at  a  hearing  to  determine  compensation  for 
expropriation  of  land  of  any  offer  to  purchase  the 
land  made  to  him  by  any  person  other  than  the 
respondent  at  any  time  prior  to  the  expropriation 
unless  he  has  served  on  the  respondent  not  later  than 
fifteen  days  before  the  hearing,  notice  of  his  inten- 
tion to  call  such  evidence  with  particulars  thereof. 
R.R.O.  1970.  Reg.  2S(k  r.  21. 

22.  A  summons  to  a  wilne^.^  under  subsection  28  (4) 
of  the  Act  shall  be  in  Form  7  and  shall  be  issued  in  the 
name  of  the  Board  by  the  registrar  at  the  request  of  a 
party  and  shall  be  served  personally  on  the  person  to 


Reg.  316 


EXPROPRIATIONS 


437 


whom  it  is  addressed  together  with  the  fees  and  allow- 
ances for  his  attendance  as  a  witness  as  are  prescribed 
for  attendance  of  a  witness  before  the  Supreme 
Court.     R.R.O.  1970,  Reg.  286,  r.  11. 

23. — (1)  Except  where  these  Rules  otherwise  pro- 
vide, any  application  to  the  Board  of  an  inter- 
locutory nature  in  connection  with  any  proceeding 
shall  be  made  in  writing  and  shall  state  the  style 
of  cause  of  the  proceedings  and  the  grounds  upon 
which  the  application  is  made. 

(2)  If  the  application  is  made  with  the  consent 
of  ail  parties  it  shall  be  accompanied  by  consents 
signed  by  or  on  behalf  of  the  parties. 

(3)  If  the  application  is  not  made  with  the  consent 
of  all  parties,  then,  before  it  is  made,  a  notice  thereof 
shall  be  served  by  the  applicant  upon  all  other 
parties,  and  proof  of  service  thereof  shall  be  filed 
with  the  Board. 

(4)  Any  party  who  wishes  to  oppose  the  applica- 
tion shall,  within  seven  days  after  receiving  a  copy 
thereof,  mail  or  deliver  written  notice  of  his  opposi- 
tion to  the  registrar  and  to  the  applicant  and  before 
making  any  order  the  Board  shall  consider  any  such 
opposition  and  if  so  required  by  any  party  shall  give 
all  parties  an  opportunity  of  appearing  before  the 
Board.     R.R.O.  1970,  Reg.  286,  r.  23. 

24.  The  Board  may  give  such  directions  as  to  the 
practice  and  procedure  to  be  followed  in  any  pro- 
ceeding before  it  as  it  considers  proper  to  determine 
the  real  question  at  issue  between  the  parties. 
R.R.O.  1970,  Reg.  286,  r.  24. 

25.  Where,  in  the  opinion  of  the  Board,  an  amend- 
ment to  any  document  filed  with  the  Board  is 
necessary  for  determining  the  real  question  at  issue 
between  the  parties,  the  Board  may  direct  the 
amendment  upon  such  terms  as  the  Board  in  its 
discretion  considers  proper.  R.R.O.  1970,  Reg.  286, 
r.  25. 

26.  The  Board  may  enlarge  or  abridge  the  time 
appointed  by  the  rules  for  doing  any  thing  or  taking 
any  proceeding,  upon  such  terms  as  the  Board  consid- 
ers proper.     R.R.O.  1970,  Reg.  286,  r.  26. 

27.  The  Board  may  from  time  to  time  adjourn  any 
proceeding  before  it.     R.R.O.  1970,  Reg.  286,  r.  27. 

28.  No  proceeding  before  the  Board  shall  be 
defeated  or  affected  by  any  technical  objection  or  by 
any  objection  based  upon  defects  in  form.  R.R.O. 
1970,  Reg.  286,  r.  28. 

29. — (1)  Unless  otherwise  ordered  by  the  Board 
the  party  serving  the  notice  of  arbitration  shall 
prepare  the  formal  order  made  by  the  Board  in 
Form  8  and  submit  it  to  the  other  party  for  approval, 
and  if  the  parties  fail  to  agree  on  the  form  of  the  order, 
the  order  shall  be  settled  by  the  Board. 


(2)  When  settled,  the  order  shall  be  engrossed  in 
duplicate  and  left  with  the  registrar  to  be  signed  by 
him  and  sealed  and  entered  in  the  book  kept  for  that 
purpose.     R.R.O.  1970,  Reg.  286,  r.  29. 

30.  The  forms  hereto  are  prescribed  for  use  with 
such  variations  as  circumstances  or  the  nature  of 
the  application  require  and,  where  no  form  is  pre- 
scribed, the  forms  prescribed  by  the  Rules  of 
Practice  and  Procedure  of  the  Supreme  Court  may 
be  adopted  with  necessary  modifications.  R.R.O. 
1970,  Reg.  286,  r.  30. 

31.  All  notices  of  arbitration,  statements  of  claim 
replies,  orders  or  other  papers  or  documents  to  be 
served,  filed  or  prepared  under  the  rules  shall  be 
printed,  typewritten,  written  or  reproduced  legibly 
upon  one  side  of  good  quality  paper  eleven  inches 
by  eight  and  one-half  inches  with  a  margin  upon 
the  left  hand  side.     R.R.O.  1970,  Reg.  286,  r.  31. 

32.  All  transcripts  of  viva  voce,  evidence  shall  be 
prepared  in  accordance  with  the  Rules  of  Practice 
and  Procedure  of  the  Supreme  Court.  R.R.O.  1970, 
Reg.  286,  r.  il. 

Form  1 

{JRule  3) 

Expropriations  Act 

NOTICE  OF  ARBITRATION 

(To  be  served  and  filed  by  an  owner  claiming 
compensation) 

Claimant 


(give  full  name  and  address  of  owner) 


Respondent. 


(correct  legal  description  and  address  of 


the  statutory  authority  from  which  compensation  is 


claimed) 

1.  Take  notice  that  the  claimant  requires  that 
compensation  claimed  by  him  from  the  respon- 
dent with  respect  to  the  land  described  below 
be  determined  by  the  Land  Compensation  Board. 

2.  The  claimant  claims  compensaticoi  for  his 
interest  as: 

(describe  claimant's  interest) 

in    the    following    land    expropriated    by    the 
respondent : 

(describe  land) 

3.  The  claimant  claims  compensation  for  injurious 
affection  to  his  interest : 


438 


EXPROPRIATIONS 


Reg.  316 


(describe  claimant's  interest) 


in  the  following  land: 


(describe  land) 


4.  Statement  of  Claim 

(the  claimant  should  set  out  in  this  paragraph 
clearly  and  concisely  in  subparagraphs  lettered 
consecutively  the  amount  claimed  under  para- 
graph 2  or  3,  or  both,  the  basis  upon  which  each 
claim  is  calculated  and  the  facts  in  support  of 
each  element  of  comp)ensation  claimed) 

This  Notice  is  given  by 


(claimant  or,  solicitor(s)  for  the  claimant) 


(give  full  address) 
Province  of  Ontario  and  the 


(county) 
address  at  which  documents  may  be  served  on  me  is 

(give  full  address) 
,  Province  of  Ontario. 


(county,  etc.) 

Dated  at this day  of 

,  19.... 

(claimant  or,  solicitor(s)  for  claimant) 
R.R.O.  1970,  Reg.  286,  Form  1. 

Form  2 

{Rule  4) 

Expropriations  Act 

REPLY 

(To   be   served   and   filed   by  a   respondent    where 

claimant  has  served  a  Notice  of  Arbitration  under 

rule  .3) 

Claimant 


(give  full  name  and  address  of  owner) 


Respondent. 


(correct  legal  description  and  address 


of  statutory  authority  from  which  compensation  is 


claimed) 

1.  A  certificate  of  approval  for  expropriation  by 
the  respondent  of  the  land  in  respect  of  which 
the  claimant  is  claiming  compensation  was 
issued  by: 

(correct  legal  description  of  the  approving 

.  on  the day  of , 


authority) 
19.... 


2.   a  duly  signed  plan  of  the  land  was  registered 
in  the  Land  Registry  Office  for   


of 


. .  on  the day  of 

.,  19. . . .,  within  three 


months  after  granting  approval  of  the  expro- 
priation. 

3.  The  requirements  of  section  25  of  the  Act  have 
been  complied  with  Q 


Section  25  of  the  Act  has  not  been  complied 
with  but  the  time  for  complying  with  its  re- 
quirements has  expired,     (as  the  case  may  be)  Q 

4.  The  requirements  of  section  22  of  the  Act  with 
respect  to  the  claimant's  claim  for  land  injuriously 
affected  described  in  the  Notice  of  Arbitration 
have  been  complied  witli. 

5.  The  respondent  admits  paragraphs  (1,  2  and  3, 
as  the  case  may  be)  of  the  claimant's  Notice  of 
Arbitration  and  Statement  of  Claim. 

6.  The  respondent  says . 


(set  forth  the  facts  which 


the  respondent  alleges  as 


grounds  for  its  reply) 

7.  (To  be  completed  where  required  under  rule  8). 
The  respondent  denies  that  the  claimant  is 
entitled  to  any  compensation  on  the  grounds 
that; 

(state  the  facts  or  law  on  which  the  statutory 
authority  bases  its  denial) 


This  Reply  is  made  by . 


(respondent  or,  solicitor(s)  for 


Reg.  316 


EXPROPRIATIONS 


439 


the  respondent) 


(give  full  address) 
Province  of  Ontario  and  the 


(county) 
address  at  which  documents  may  be  served  on  the 
respondent  is, 

(give  full  address) 
,  Province  of  Ontario. 


(county) 

Dated  at ,  this day  of 

19.... 

(respondent  or,  solicitor(s)  for  respondent) 
R.R.O.  1970,  Reg.  286,  Form  2. 

Form  3 

(Rule  5) 

Expropriations  Act 

NOTICE  OF  ARBITRATION 

(To  be  served  and  filed  by  a  statutory  authority 
requiring  compensation  to  be  determined) 


Claimant 


(full  name  and  address  of  owner) 


Res{X)ndent. 


(correct  legal  description  and  address 


of  statutory  authority  from  which  compensation  is 


claimed) 

1.  Take  notice  that  the  respondent  requires  that 
the  compensation,  if  any,  to  be  paid  by  it  to  the 
claimant  with  respect  to  land  described  below 
be  determined  by  the  Land  Compensation 
Board. 

2.  Compensation,  if  any,  is  payable  with  resf)ect  to 
the  claimant's  interest  in  the  following  land: 


(state  nature  of  claimant's  interest  and  describe 
land) 


3. 


(correct    legal    description    of    the    approving 

on  the  day  of 

authority) 

,   19 .... ,  approved  ex- 
propriation of  the  land  described  in  paragraph  2. 

4.  A  duly  signed  plan  of  the  land  was  filed  in  the 

Land  Registry  Office  for  


on  the   day  of 


19 within  three  months  after  granting  of 

approval  for  the  expropriation. 

5.  The  requirements  of  section  25  of  the  Act  have 
been  complied  with,  □ 


The  time  for  complying  with  requirements  of 
section  25  of  the  Act  has  expired.  Q  (as  the 
case  may  be) 

6.  The  claimant  may  be  entitled  to  compensation 
for  injurious  afiecti(Xi  to  his  interest  as 

in  the  following  land : 

(state  nature  of  claimant's  interest  and  describe 
land) 

7.  The  requirements  of  section  22  of  the  Act  have 
been  complied  with  with  respect  to  the  claim- 
ant's claim  for  injurious  affection  to  the  land 
described  in  paragraph  6. 

This  Notice  is  given  by 

(respondent  or,  solicitor(s)  for 

the  resj)ohdent) 

(give  full  address) 
,  Province  of  Ontario  and  the 


(county) 

address  at  which  documents  may  be  served  on  the 
respondent  is 


(give  full  address) 
,  Province  of  Ontario. 


(county) 


440 


EXPROPRIATIONS 


Reg.  316 


Dated  at ,  this 

19.... 


day  of 


(respondent  or,  solicitor(s)  for  respondent) 

R.R.O.  1970,  Reg.  286,  Form  3. 
Form  4 

(Rule  6) 

Expropriations  Act 

STATEMENT  OF  CLAIM 

(To  be  served  and  filed  by  a  claimant  on  whom  a 
statutory  authority  has  served  a  Notice  of  Arbitra- 
tion under  rule  5) 


Claimant . 


(give  full  name  and  address) 


Respondent. 


(give  correct  legal  description  and 


address  of  statutory  authority  that  has  filed  Notice 


of  Arbitration) 

1.  This  is  the  Statement  of  Claim  of  the  claimant 
for  compensation  pursuant  to  the  Notice  of 


Arbitration  of  the  respondent  dated 

day  of 19 ... . 

2.  The  claimant  admits  paragraphs  (1,2  and  3,  as 
the  case  may  be)  of  the  Notice  of  Arbitration. 


3.  The  claimant  says : 


(the  claimant  should  set  out  in  this  paragraph 
clearly  and  concisely  in  subparagraphs  consecu- 
tively lettered,  the  amount  claimed  in  respect  of 
expropriated  or  injuriously  affected  or  both,  the 
basis  upon  which  each  claim  is  calculated  and  the 
facts  in  support  of  each  element  of  compensation 
claimed) 


This  Statement  of  Claim  is  served  by 


(claimant  or,  solicitor(s)  for  the  claimant) 


(give  full  address) 
Province  of  Ontario  and  the 


(county) 
address  at  which  documents  may  be  served  on  me  is 

(give  full  address) 
Province  of  Ontario. 


(county) 
Dated  at this day  of 


,  19 . 


(claimant  or,  solicitor(s)  for  claimant) 
R.R.O.  1970,  Reg.  286,  Form  4. 

Form  5 

{Rule  7) 

Expropriations  Act 

REPLY 

(To  be  served  and  filed  by  a  respondent  when  the 
claimant  has  filed  a  Statement  of  Claim  under  Rule  6) 


Claimant . 


(give  full  name  and  address) 


Respondent. 


(give  correct  legal  description  and 


address  of  statutory  authority  from  which  com- 


pensation is  claimed) 

1.  This  is  the  Reply  of  the  respondent  to  the 
Statement  of  Claim  of  the  claimant  dated  the 
day  of   19 

2.  The  respondent  admits  paragraphs  (1,  2  and  3, 
as  the  case  may  be)  of  the  Statement  of  Claim. 

3.  The  respondent  says : 

(set  forth  clearly  and  concisely  in  paragraphs 
numbered  consecutively  the  facts  which  the 
respondent  alleges  in  reply  to  the  Statement 
of  Claim) 


Reg.  316 


EXPROPRIATIONS 


441 


4.  (To  be  completed  where  required  under  rule  8) 
The  respondent  denies  that  the  claimant  is  en- 
titled to  any  compensation  on  the  grounds  that: 

(state  the  facts  and  specify  any  statutory  enact- 
ments upon  which  the  statutory  authority  bases 
its  denisil) 

This  Reply  is  made  by . 


(respondent  or,  solicitor(s)  for 
the  respondeift) 

(give  full  address) 

Province  of  Ontario  and  the 

(county) 

address  at  which  documents  may  be  served  on  the 
respondent  is 

(give  full  address) 
,  Province  of  Ontario. 


(county) 

Dated  at this day  of 

,  19.... 

(respondent  or,  solicitor(s)  for  the  respondent) 

R.R.O.  1970,  Reg.  286,  Form  5. 

Form  6 

(RtOe  15) 

Expropriations  Act 

IN  THE  MATTER  OF 
THE  EXPROPRIATIONS  ACT 

Between  : 


A.B. 


Claimant 


-and — 


CD.  Respondent 

Certificate  of  Readiness 

The  undersigned  do  hereby  certify  to  the  Board 
that  this  arbitration  will  be  ready  for  hearing  one 
month  from  this  date  or  at  any  time  thereafter  which 
may  be  fixed  for  hearing  and  estimate  that  the 
hearing  will  last  days.  This  estimate  is  given  to 
assist  the  Board  on  setting  aside  what  appears  to 
be  sufficient  time  for  the  hearing. 


The  undersigned  also  acknowledge  that  if  any 
application  for  adjournment  is  made  after  one  month 
from  the  date  hereof  the  party  or  parties  requiring  an 
adjournment  may  be  required  to  pay  any  cost  in- 
curred in  setting  aside  time  and  engaging  a  reporter 
who  cannot  be  used  for  another  hearing. 


Dated  at this 


19. 


day  of 


(solicitor  for  claimant) 

(solicitor  for  respondent) 

Note:  If  a  party  signs  in  person,  the  words  "Solicitor 
for"  should  be  struck  out. 

All  parties  or  their  solicitors  should  sign  the 
same  Certificate  of  Readiness  before  filing  it 
with  the  Board.  R.R.O.  1970,  Refi-  286, 
Form  6. 

Form  7 

(Rule  22) 
Expropriations  Act 
SUMMONS  TO  A  WITNESS 
Between: 

A.B.  Claimant 


-and — 


CD. 


Respondent 


To: 


You  are  hereby  summoned  and  required  to  attend 
before  the  Land  Compensation  Board  at  a  hearing 

to  be  held  at 


in  the of 


. ,  the   day  of 


, ,  19 . . . .  at  the  hour  of . 


o'clock  in  the noon  (local  time)  and  so  from 

day  to  day  until  the  hearing  is  concluded  or  the 
Board  otherwise  orders,  to  give  evidence  on  oath 
touching  the  matters  in  question  in  the  proceedings 
and  to  bring  with  you  and  produce  at  such  time  and 


place . 


442 


EXPROPRIATIONS 


Reg.  316 


If  you  fail  to  attend  and  give  evidence  at  the  hearing, 
or  to  produce  the  documents  or  things  specified,  at 
the  time  and  place  specified,  without  lawful  excuse, 
you  are  liable  to  punishment  by  the  Supreme  Court 
in  like  manner  as  if  for  contempt  of  that  court  for 
disobedience  to  a  subpoena. 


Dated  at ^ this 


day 


of. 


19.. 


Land  Compensation  Board: 


Registrar 

Note:  You  are  entitled  to  be  paid  the  fees  and 
allowances  for  your  attendance  at  the  hearing 
as  are  prescribed  for  the  attendance  of  a 
witness  before  the  Supreme  Court. 

R.R.O.  1970,  Res.  286,  Form  7. 

Form  8 

(Rule  29) 
Expropriations  Act 

ORDER  OF 
LAND  COMPENSATION  BOARD 

Before: 


Chairman  (or  Vice-Chairman) 


the 


day  of 


Member 


19. 


Member 


Between: 


Claimant 
— and  — 

Respondent 

Upon  the  application  of  the  above  named 

in  the  presence  of  the  claimant  and  respondent,  upon 
hearing  the  evidence  adduced  on  behalf  of  the  claim- 
ant and  respondent  and  upon  hearing  Counsel  for  the 
claimant  and  respondent  (or  upon  hearing  the 
claimant  and  respondent,  in  person,  as  the  case 
may  be). 

The  Board  Orders: 

(here  set  forth  what  the  Board  orders) 


Registrar 
R.R.O.  1970,  Reg.  286,  Form  8. 


Reg.  317 


EXPROPRIATIONS 


443 


REGULATION  317 

under  the  Expropriations  Act 


RULES  TO  BE  APPLIED  FOR  THE  PURPOSES  OF  SUBSECTION  34  (1)  OF  THE  ACT 

1. — (1)  The  amount  of  legal,  appraisal  and  other  costs  shall  be  in  the  discretion  of  the  taxing  officer  to  be 
determined  quantum  meruit  and  in  so  doing  the  taxing  officer  may  reduce  the  amount  of,  or  disallow,  any  item  of 
cost  upon  the  ground  that  the  same  was  not  reasonable  in  amount  or  was  not  reasonably  incurred. 

(2)  Subject  to  subsection  (1),  legal  costs  shall  be  taxed,  quantum  meruit,  by  the  taxing  officer  as  on  a  taxation 
of  costs  as  between  a  solicitor  and  his  own  client.     O.  Reg.  491/71,  s.  1. 


Reg.  318 


FAMILY  BENEFITS 


445 


REGULATION  318 

under  the  Family  Benefits  Act 


GENERAL 
1. — (1)  In  this  Regulation, 

(a)  "liquid  assets"  means  cash,  bonds,  stocks, 
debentures  and  any  other  assets  that  can  be 
converted  readily  into  cash  and  includes  a 
beneficial  interest  in  assets  held  in  trust  and 
available  to  be  used  for  maintenance,  but  does 
not  include, 

(i)  the  amount  remaining  to  be  paid  to  an 
applicant,  recipient  or  beneficiary,  as 
the  case  may  be,  under  a  mortgage  or 
agreement  for  sale; 

(ii)  the  cash  surrender  value  of  a  life  insur- 
ance policy; 

(iii)  that  portion  of  the  sale  price  of  an 
applicant's  or  recipient's  property  that 
is  applied  or,  where  ,the  Director 
approves,  that  will  be  applied  to  the 
purchase  of  a  new  residence; 

(iv)  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);  or 

(v)  in  the  academic  year  for  which  it  is 
intended, 

(A)  any  loan  received  by  a  student 
under  section  3  of  the  Canada 
Student  Loans  Act  (Canada), 

(B)  any  loan  received  by  a  student 
under  section  8  of  the  Ministry 
of  Colleges  and  Universities 
Act, 

(C)  any  grant  received  by  a  student 
under  Regulation  646  of 
Revised  Regulations  of 
Ontario,  1980  made  under  the 
Ministry  of  Colleges  and  Uni- 
versities Act,  or 

(D)  any  bursary  received  by  a  stu- 
dent under  Regulation  643  of 
Revised  Regulations  of 
Ontario,  1980  made  under  the 
Ministry  of  Colleges  and  uni- 
versities Act; 

(b)  "married  person"  means  an  adult  person 
other  than  a  single  person  ; 


(c)  "single  person"  means  an  adult  person  who 
is  a  widow,  widower,  unmarried,  deserted, 
separated  or  divorced  and  who  is  not  living 
with  another  person  as  husband  or  wife ; 

(d)  "spouse"  includes  a  person  who  although 
not  legally  married  to  another  person  lives 
with  that  person  as  if  they  were  husband 
and  wife.  R.R.O.  1970,  Reg.  287,  s.  1  (1) ; 
O.  Reg.  715/73,  s.  1;  O.  Reg.  285/79,  s.  1;  O. 
Reg.  85/80,  s.  1. 

(2)  For  the  purpose  of  clause  1  (/)  of  the  Act, 

(a)  elementary  schools,  secondary  schools  and 
schools  for  trainable  retarded  children  under 
the  Education  Act; 

(b)  The  Ontario  School  for  the  Deaf; 

(c)  The  Ontario  School  for  the  Blind; 

(d)  Ontario  Teacher  Education  College; 

(e)  private  schools  operated  in  accordance  with 
section  15  of  the  Education  Act; 

(/)  private  vocational  schools  under  the  Private 
Vocational  Schools  Act; 

(g)  colleges  of  applied  arts  and  technology  estab- 
lished under  the  Ministry  of  Colleges  and 
Universities  Act; 

(h)  a  diploma  nursing  program  or  a  nursing 
assistant  program  recognized  under  the 
Health  Disciplines  Act,  for  the  purpose  of 
obtaining  a  certificate  of  competency  to 
practise  as  a  registered  nurse  or  as  a  regis- 
tered nursing  assistant; 

(i)  the  Ontario  Police  College  established  under 
the  Police  Act;  and 

ij)  colleges  of  agricultural  technology  adminis- 
tered by  the  Ministry  of  Agriculture  and 
Food, 

are   classes   of   educational   institutions.     O.    Reg. 
518/78,  s.  1. 

(3)  For  the  purposes  of  the  Act  and  this  Regula- 
tion, 

(a)  "blind  person"  means  a  person  with  visual 
acuity  in  both  eyes  that  with  proper 
refractive  lenses  is  20/200  (6/60)  or  les« 
with  Snellen  chart  or  equivalent,  or  a  personX 


446 


FAMILY  BENEFITS 


Reg.  318 


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, 

(i)  a  tangent  screen  at  a  distance  of 
one  meter  using  a  ten  millimeter 
white  test  object,  or 

(ii)  a  perimeter  at  a  distance  of  one- 
third  of  a  meter  using  a  three 
millimeter  white  test  object ; 

(b)  "disabled  person"  means  a  person  who 
has  a  major  physical  or  mental  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  findings  accepted  by  the  medical 
advisory  board ; 

(c)  "permanently  unemployable  person" 
means  a  person  who  is  unable  to  engage 
in  remunerative  employment  for  a  pro- 
longed period  of  time  as  verified  by  ob- 
jective medical  findings  accepted  by  the 
medical  advisory  board ;  and 

(d)  "person  in  need"  means  a  person, 

(i)  whose  budgetary  requirements 
determined  under  section  12  exceed 
his  income  determined  under  section 
13,  and 

(ii)  who  is  not  otherwise  made  in- 
eligible for  a  benefit  under  the 
Act  or  this  Regulation.  O.  Reg. 
187173,  s.  I,  part. 

2. — (1)  The  wife  of  a  recipient  of  a  pension  under 
the  Old  Age  Security  Act  (Canada), 

(a)  who  is  a  person  in  need ; 

(b)  who  is  not  eligible  for  an  allowance  under 
subsection  7  (1)  of  the  Act  or  under  subsec- 
tions (3),  (4)  or  (5)  of  this  section  or  for  a 
pension  under  the  Old  Age  Security  Act 
(Canada); 

(c)  who  has  attained  the  age  of  sixty  years ; 

(d)  who  is  living, 

(i)  with  her  husband, 

(ii)  apart  from  her  husband  where  he  is  a 
patient  in  an  institution  under  the 
Mental  Hospitals  Act,  a  sanatorium 
under  the  Sanatoria  for  Comsump- 
tives  Act,  a  hospital  for  the  chroni- 
,  cally  ill  or  a  nursing  home  or  a  resi- 

dent 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  con- 
tinuous period  of  six  months  or  more, 
or 

(iii)  apart  from  her  husband  where  he 
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)  subject  to  section  5,  who  has  liquid  assets  that 
together  with  those  of  her  husband  do  not 
exceed  $5,000  in  value, 

is,  subject  to  subsection  (2),  and  to  sections  3,  6,  7  and 
8,  eligible  for  an  allowance  calculated  in  accordance 
with  section  10.     O.  Reg.  252/76,  s.  1,  part;  O.  Reg. 

1104/80,  s.  1  (1). 

(2)  Subsection  (1)  does  not  apply, 

(a)  to  a  person  who  was  not  eligible  for  an 
allowance  under  that  subsection  before 
the  month  of  October,  1975  and  who 
became  eligible  for  a  spouse's  allowance 
under  the  Old  Age  Security  Act  (Canada) 
on  or  after  that  month  ;  or 

(b)  after  the  month  of  October,  1975  to  a 
person  who  was  eligible  for  an  allowance 
under  that  subsection  prior  to  that  month 
and  who  became  eligible  for  a  spouse's 
allowance  under  the  Old  Age  Security  Act 
(Canada)  after  that  month.  O.  Reg. 
252/76,  s.  I,  part. 

(3)  The  wife  of  a  recipient  or  of  a  former  recipient  of 
an  allowance  under  the  Act  or  a  predecessor  Act, 

(a)  who  is  a  person  in  need ; 

ib)  who  is  not  eligible  for  an  allowance  under 
subsection  7  (1)  of  the  Act  or  under  any  other 
subsection  of  this  section; 

(c)  who  has, 

(i)  attained  the  age  of  sixty  years,  or 
(ii)  one  pr  more  dependent  children ; 

(d)  who  is  a  single  person  ;  and 

(e)  subject  to  section  5,  who  has  liquid  assets  that 
do  not  exceed  $2,500  in  value  and  where  she 
has  one  or  more  dependent  children,  that 
amount  shall  include  the  value  of  their  liquid 
assets  and  shall  be  increased  by  $2,500  for  the 
first  dependent  child  and  $500  for  each  addi- 
tional dependent  child. 


Reg.  318 


FAMILY  BENEFITS 


447 


is,  subject  to  sections  5,  6  and  7,  eligible  for  an 
allowance  calculated  in  accordance  with  section  11. 
O.  Reg.  187/73.  s.  2.  part;  O.  Reg.  715/73,  s.  2  (1); 
O.  Reg.  777/74,  s.  1;  O.  Reg.  16/75,  s.  1;  O.  Reg. 
1104/80,  s.  1  (2). 

(4)  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 

(6)  who  has  attained  the  age  of  eighteen  years 
and  resides  in  a  facility  designated  under 
the  Developmental  Services  Act; 

and  who, 

(c)  is  a  person  in  need ; 

(d)  is  not  eligible  for  an  allowance  under  suB'sec- 
tion  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 
in  section  4, 

is,  subject  to  sections  5,  6  and  7,  eligible  for  an 
allowance  calculated  in  accordance  with  section  11. 
O.  Reg.  214/74,  s.  1. 

(5)  A  permanently  unemployable  person, 

(a)  who  is  a  person  in  need ; 

(b)  who  has  attained  the  age  of  eighteen 
years ; 

(c)  who  is  not  eligible  for  an  allowance  under 
subsection  7  (1)  of  the  Act  or  under  subsec- 
tion (1),  (3),  (4)  or  (6)  of  this  section; 

(d)  who  has  liquid  assets  not  in  excess  of  the 
amounts  under  section  4 ;  and 

{e)  who  is  not  eligible  for  a  pension  under 
the  Old  Age  Security  Act  (Canada), 

is,  subject  to  sections  5,  6  and  7,  eligible  for  an 
allowance  calculated  in  accordance  with  section  11. 
O.  Reg.  187/73,  s.  2,  part;  O.  Reg.  715/73,  s.  2; 
O.  Reg.  285/79,  s.  2  (1). 


(6)  A  person  who, 

(a)  is  a  person  in  need ; 

(b)  is  resident  in  Ontario; 


(c)  is,  with  the  approval  of  the  Director  of  the 
Vocational  Rehabilitation  Services  Branch  of 
the  Ministr>-  of  Community  and  Social  Ser- 
vices, enrolled  in  an  assessment  or  training 
program  established  under  section  5  of  the 


Vocational  Rehabilitation  Services  Act  and, 
in  the  opinion  of  the  Director,  is  unable  to  take 
full  advantage  of  such  program  without  an 
allowance; 

(d)  is  not  receiving  an  allowance  under  the  Adult 
Occupational  Training  Act  (Canada); 

ie)  is  not  eligible  for  a  pension  under  the  Old  Age 
Security  Act  (Canada);  and 

;/)  has  liquid  assets  not  in  excess  of  the  amounts 
under  section  3; 

is,  subject  to  sections  5  and  7,  eligible  for  an  allowance 
calculated  in  accordance  with  section  11.  O.  Reg. 
992/78,  s.  1;  O.  Reg.  285/79,  s.  2  (2);  O.  Reg.  1100/80, 
s.  1. 

(7)  A  person  who, 

(a)  is  a  person  in  need; 

(b)  is  resident  in  Ontario; 

(c)  is  a  mother  with  a  dependent  child; 

(d)  has  been  living  separate  and  apart  from  her 
husband  for  three  months  or  more; 

(e)  is  not  eligible  for  an  allowance  under  subsec- 
tion 7  (1)  of  the  Act  or  under  subsection  (1), 
(3),  (4),  (5)  or  (6)  of  this  section; 

(/)  who  has  liquid  assets  not  in  excess  of  the 
amounts  under  section  3;  and 

(g)  who  is  not  eligible  for  a  pension  under  the  Old 
Age  Security  Act  (Canada), 

is,  subject  to  sections  5  and  7,  eligible  for  an  allowance 
calculated  in  accordance  with  section   11.     O.   Reg. 

352/79,  s.  1. 

3. — (1)  Subject  to  section  4,  an  applicant  or  reci- 
pient, other  than  an  applicant  or  recipient  under  clause 
7  (1)  (a),  (c),  (e)  or  (/)  of  the  Act,  or  under  subsection  2 
(5)  or  (6)  of  this  Regulation,  is  not  eligible  for  an  allow- 
ance 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  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  depen- 
dent child; 

(c)  a  married  person  with  a  spouse  and  has  liquid 
assets  that  together  with  the  liquid  assets  of 
his  spouse  exceed  $5,000  in  value  but  where 


448 


FAMILY  BENEFITS 


Reg.  318 


he  has  one  or  more  dependent  children,  that 
amount  shall  include  the  value  of  their  liquid 
assets  and  shall  be  increased  by  $500  for  each 
dependent  child. 

(2)  Subject  to  section  4,  an  applicant  or  recipient 
under  clause  7  (1)  (a),  (c)  or  (e)  of  the  Act  or  under 
subsection  2  (5)  or  (6)  of  this  Regulation,  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  $3,000  in 
value; 

(b)  a  single  person  with  dependent  children  and 
has  liquid  assets  that  together  with  the  liquid 
assets  of  his  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  depen- 
dent child; 


(c)  a  married  person  with  a  spouse  and  has  liquid 
assets  that  together  with  the  liquid  assets  of 
his  spouse  exceed  $5,500  in  value  but  where 
he  has  one  or  more  dependent  children,  that 
amount  shall  include  the  value  of  their  liquid 
assets  and  shall  be  increased  by  $500  for  each 
dependent  child. 


(3)  Subject  to  section  4,  an  applicant  or  recipient 
under  clause  7  (1)  (/)  of  the  Act  is  not  eligible  for  an 
allowance  where  the  foster  child  has  liquid  assets  that 
exceed  $2,500  in  value.     O.  Reg.  1104/80,  s.  2. 


4. — (1)  Notwithstanding  section  3  and  subsections  2 
(1)  and  (3),  the  Director  may  determine  that  a 
beneficiary  with  liquid  assets  having  a  value  in  excess 
of  the  maximum  amount  otherwise  permitted  to  him 
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.  O.  Reg.  187/73, 
s.  3. 


(2)  Notwithstanding  section  3,  subsections  2  (1)  and 
(3)  and  subsection  (1)  of  this  section,  where, 


(a)  a  person  who  is  an  applicant  or  recipient  or  a 
beneficiary  included  or  to  be  included  in  the 
allowance  wishes  to  accumulate  liquid  assets 
having  a  value  in  excess  of  the  maximum 
amount  otherwise  permitted  under  this 
Regulation  in  order  to  purchase  an  article  con- 
sidered by  the  Director  to  be  necessary  for  the 
well-being  of  the  person; 


(6)  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  accumulation  referred  to  in  clause  (a), 

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.     O.  Reg.  1104/80,  s.  3. 

5.  Subject  to  subsection  14  (5)  and  notwithstanding 
anything  else  in  the  Act  or  in  this  Regulation,  no  per- 
son is  eligible  for  an  allowance, 

(a)  who,  subject  to  section  26  is  a  resident  or 
patient  in, 

(i)  an  institution  under  the  Mental  Hos- 
pitals Act, 

(ii)  a    children's    mental    health    centre 
under  the  Children's  Mental  Health 

Services  Act, 

(iii)  a  sanatorium  under  the  Sanatoria  for 
Consumptives  Act,  or 

(iv)  a     sanitarium     under     the     Private 
Sanitaria  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)  of  this 
Regulation  and  who  is  not  living  as  a  single 
person;  or 

(c)  subject  to  paragraph  20  of  subsection  13  (2), 
who  is  a  recipient  of  general  assistance  paid 
under  the  General  Welfare  Assistance  Act 
other  than, 

(i)  a  resident  of  a  nursing  home  licensed 
under  the  Nursing  Homes  Act,  or 


(ii)  a  recipient  of  general  assistance  on 
behalf  of  a  person  who  is  not  a 
beneficiary; 

(d)  under  clause  7  (1)  (c)  of  the  Act  or  under  sub- 
section 2  (5)  of  this  Regulation  who  is  depen- 
dent upon  her  spouse  for  support  and  main- 
tenance where  the  spouse  is  not  eligible  for  a 
pension  under  the  Old  Age  Security  Act 
(Canada)  or  for  an  increment  under  the 
Ontario  Guaranteed  Annual  Income 
Act.  R.R.O.  1970,  Reg.  287,  s.  6;  O.  Reg. 
73/71,  s.  2;  O.  Reg.  183/73,  s.  4;  O.  Reg. 
715/73,  s.  5;  O.  Reg.  215/74,  s.  1;  O.  Reg. 
533/74,  s.  3;  O.  Reg.  352/79,  s.  2;  O.  Reg. 
85/80,  s.  2. 


Reg.  318 


FAMILY  BENEFITS 


449 


6. — (1)  Where  an  applicant  or  recipient  under  sec- 
tion 2  of  this  Regulation,  or  under  clauses  7  (1)  (a)  to  (e) 
of  the  Act,  or  the  spouse  or  a  dependent  child  of  the 
applicant  or  recipient  has  an  interest  or  estate  in  real 
property  other  than  real  property  used  by  the  applicant 
or  recipient  as  his  own  dwelling  place,  the  applicant  or 
recipient,  as  the  case  may  be,  is  not  eligible  for  an 
allowance  unless  such  arrangement  or  disposition  of 
the  estate  or  interest  is  made  as  is  deemed  to  be 
advantageous  for  the  care  of  the  applicant's  or  reci- 
pient's family.     R.R.O.  1970,  Reg.  287,  s.  7  (1). 

(2)  Where  an  applicant  or  recipient  is  a  foster 
parent  he  is  not  eligible  for  an  allowance  on  behalf 
of  a  foster  child  who  has  an  interest  or  estate  in 
real  property  other  than  real  property  used  as  his 
own  dwelling  place  by  the  foster  child  unless  such 
arrangement  or  disposition  of  the  estate  or  interest 
is  made  as  is  deemed  to  be  advantageous  for  the  care 
of  the  foster  child.     O.  Reg.  715  /73,  s.  6. 

7.  Where,  within  three  years  preceding  the  date 
of  application,  or  at  any  date  subsequent  thereto, 
an  applicant  or  recipient  or  the  spouse  of  an  applicant 
or  recipient  has  made  an  assignment  or  transfer  of 
liquid  assets  or  real  property  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  for  an  allowance,  the  Director  may  deter- 
mine that  the  applicant  or  recipient  is  not  eligible 
for  an  allowance  or  he  may  reduce  the  amount  of 
an  allowance  granted  to  compensate  for  the  in- 
adequate consideration.     R.R.O.  1970,  Reg.  287,  s.  8. 

8.  Where  the  Director  is  not  satisfied  that  an 
applicant  or  recipient  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 
entitled  to  or  eligible  for  including,  where  the  applicant, 
recipient  or  beneficiary  is  a  sponsored  dependant  or 
nominated  relative  within  the  meaning  of  the  regula- 
tions under  the  Immigration  Act,  1976  (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  behalf  under  the  said  regulations  between 
the  Government  of  Canada  and  the  nominator  or 
sponsor,  the  Director  may  determine  that  the  appli- 
cant, recipient  or  beneficiary  is  not  eligible  for  a 
benefit  or  he  may  reduce  the  amount  of  an  allowance 
granted  by  the  amount  of  the  compensation,  contribu- 
tion or  financial  resource,  as  the  case  may  be,  that  in 
his  opinion  is  available  to  the  applicant,  recipient  or 
beneficiary.     O.  Reg.  285/79,  s.  3. 

9.  A  recipient  under  clause  7  ( 1)  (d)  of  the  Act  or 
under  subsection  2  (7)  of  this  Regulation  is  not  eligible 
for  an  allowance  in  a  month  during  which  she  is  regu- 
larly engaged  in  remunerative  employment 
immediately  following  any  period  of  four  consecutive 
months  during  which  she  was  regularly  employed  for 
more  than  an  average  of  120  hours  monthly,  com- 


mencing with  any  month  in  which  she  worked  more 
than  120  hours.     O.  Reg.  352/79,  s.  3. 

10. — (1)  Where  moneys  are  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)  or  reduce 
the  allowance  in  accordance  with  subsection  11  (4),  the 
Director  may  require  as  a  condition  of  eligibility  for  a 
benefit  that  an  applicant  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  moneys  when 
they  become  payable  in  respect  of  the  same  period  of 
time  to  which  the  moneys  apply. 

(2)  Subsection  (1)  does  not  apply  to  income  referred 
to  in  paragraph  1  or  paragraphs  13  to  35  of  subsection" 
13  (2). 

(3)  The  written  agreement  referred  to  in  subsection 
(1)  may  include, 

(a)  an  authorization  and  direction  to  the  person  or 
agency  from  whom  the  moneys  are  receivable 
to  deduct  and  pay  such  moneys  directly  to 
Ontario;  and 

(b)  an  assignment  to  Ontario  by  the  applicant  or 
receipient  of  his  or  her  right  to  such  moneys 
from  the  person  or  agency  from  whom  such 
moneys  are  receivable. 

(4)  The  amount  of  any  moneys  paid  to  Ontario 
under  an  agreement  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  moneys  are  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  moneys  to  Ontario 
under  an  authorization  and  direction  or  an  assignment 
under  subsection  (3).     O.  Reg.  1104/80,  s.  4. 


11. — (1)  Subject  to  subsections  (2)  and  (4),  the 
amount  of  the  allowance  shall  be  equal  to  the  budget- 
ary requirements  of  the  applicant  determined  in 
accordance  with  section  12,  after  deducting  therefrom 
his  income  determined  in  accordance  with  section 
13.     O.  Reg.  S33/-74,  s.  4  (1),  paH. 

(2)  The  allowance  payable  to  a  recipient  other 
than, 

(a)  a  recipient, 

(i)  who  is  a  blind  person  or  a  disabled 
j)erson, 

(ii)  who  is  a  person  referred  to  in  subsec- 
tion 2  (6),  or 

(iii)  who  is  a  married  person  and  he  or  his 
spouse  or  both  of  them  are  receiving 


450 


FAMILY  BENEFITS 


Reg.  318 


an     increment     under    the    Ontario 
Guaranteed  Annual  Income  Act;  and 

(b)  an  applicant  or  recipient  under  subsection  2 

(4), 

shall  not  exceed  a  maximum  of  $650  per  month  where 
the  number  of  beneficiaries  does  not  exceed  four,  but 
where  there  are  more  than  four  beneficiaries,  this 
maximum  shall  be  increased  by  a  further  $30  monthly 
for  each  beneficiary  in  excess  of  four.  O.  Reg. 
992/78,  s.  2;  O.Reg.  219/80,  s.  1;  O.Reg.  1104/80,  s.S. 

(3)  The  provisions  of  subsection  (2)  do  not  apply 
where  the  amount  of  an  allowance  payable  to  an 
applicant  or  recipient  exceeds  the  maximum  amounts 
in  that  subsection  by  reason  of  any  increase  in  the 
budgetary  requirement  for  fuel  of  the  applicant  or 
recipient  under  paragraph  8  of  subsection  12  (3). 
O.  Reg.  821/73,  s.  1. 

(4)  The  allowances  computed  in  accordance  with 
subsections  (1)  and  (2)  shall  be  reduced  by  the  amount 
of  any  payment  received  by  or  on  behalf  of  an  appli- 
cant, recipient,  or  beneficiary  under  the  Pension  Act 
(Canada),  the  Unemployment  Insurance  Act,  1971 
(Canada),  the  War  Veterans'  Allowances  Act  (Canada), 
the  Civilian  War  Pensions  and  Allowances  Act  (Can- 
ada), the  Compensation  for  Victims  of  Crime  Act,  the 
Workmen's  Compensation  Act,  the  Quebec  Pension 
Plan  (Quebec)  and  the  Canada  Pension  Plan  (Canada), 
provided  that  the  Director  may  average  the  payment 
referred  to  in  this  subsection  over  the  period  of  time  to 
which  it  applies.     O.  Reg.  533/74,  s.  4  (1),  part. 

12. — (1)  In  this  section,  "shelter"  means  the  cost  for 
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  506  of  Revised 
Regulations  of  Ontario,  1980  made  under  the 
Housing  Development  Act  or  through  the 
Residential  Rehabilitation  Assistance  Pro- 
gram authorized  by  section  34. 1  of  the 
National  Housing  Act  (Canada)  for  repairs  to 
the  dwelling  place  approved  by  the  Director; 

{d)  an  agreement  for  sale; 

(e)  taxes; 

(/)  premiums  for  a  policy  of  fire  insurance  cov- 
ering the  dwelling  place  or  the  contents 
thereof;  and 

(g)  the  amount  of  the  common  expenses  required 
to  be  contributed  for  a  condominium  unit 
except  that  portion  of  the  common  expenses 
allocated  to  the  cost  of  heating,  electricity, 
gas,  water  or  other  utilities.     O.  Reg.  581/72, 


s.   2  (1);  O.   Reg.  355/77,  s.   2  (1);  O.   Reg. 
763/78,  s.  1;  O.  Reg.  85/80.  s.  3  (1). 

(2)  Notwithstanding  that  under  subsection  (1)  shelter 
includes  rent  where  an  applicant  or  recipient  is  a  tenant 
of  any  authority  or  agency  that  provides  low  rental 
housing  accommodation  on  behalf  of  the  Crown  in  right 
of  Ontario  or  on  behalf  of  a  municipality,  shelter  does 
not  include  that  portion  of  the  rent  for  which  the  appli- 
cant or  recipient  is  liable  in  respect  of  a  person  living  in 
the  dwelling  place  who  is  not  a  beneficiary.  O.  Reg. 
1104/80,  s.  6  (1). 

(3)  For  the  purpose  of  computing  the  amounts  of 
allowances,  the  monthly  budgetary  requirements  of 
the  applicant  or  recipient,  other  than  an  applicant  or 
recipient  under  subsections  (4),  (5),  (6),  (7)  and  (8)  shall 
be  determined  as  follows: 

1.  Where  the  applicant  or  recipient  receives 
board  and  shelter  from  the  same  source, 
an  amount  for  basic  needs  determined  by 
the  Director  in  accordance  with  the  follow- 
ing Table : 

TABLE 


Monthly 
Minimum 

Monthly 
Maximum 

One  Adult  Beneficiary 

$219 

$257 

Two  Beneficiaries 

356 

424 

Three  Beneficiaries 

435 

482 

Four  Beneficiaries  (A) 

502 

538 

(A)  For  each  beneficiary  in  addition  to  four,  add 
an  amount  up  to  $56  to  the  monthly  amount. 

In  determining  the  amount  under  paragraph 
1,  the  Director  shall  take  into  account, 

i.  any  family  relationship  that  exists 
between  the  applicant  or  recipient 
and  the  person  or  persons  in  the 
household  where  he  resides  from 
whom  he  receives  board  and  shelter ; 

ii.  any  special  needs  of  the  applicant 
or  recipient  or  any  other  benefi- 
ciary ; 

iii.  the  value  of  any  services  contributed 
by  any  beneficiary  to  the  household 
where  the  applicant  or  recipient 
resides;  and 

iv.  any  other  circumstances  of  the  house- 
hold where  the  applicant  or  recipient 
resides. 


Reg.  318 


FAMILY  BENEFITS 


451 


3.  Subject  to  paragraphs  4,  5  and  6  for  basic 
needs  of  an  applicant  or  recipient  whose 
basic  needs  are  not  determined  under  para- 
graphs 1  and  2  and, 

i.  whose  payment  for  shelter  includes 
the  cost  of  heating  the  dwelling 
place,  a  monthly  amount  deter- 
mined in  accordance  with  Schedule 
A;  and 


whose  payment  for  shelter  does  not 
include  the  cost  of  heating  the 
dwelling  place,  a  monthly  amount 
determined  in  accordance  with 
Schedule  B. 


Subject  to  subsection  13  (8),  the  amount  for 
basic  needs  determined  in  accordance  with 
Schedule  A  or  B  shall  be  reduced  by  the 
amount  by  which  the  monthly  cost  to  the 
applicant  or  recipient  for  shelter  is  less  than, 

i.   for  a  single  person  without  dependent 
children,  $75  monthly; 

ii.  for  a  married  person  without  depen- 
dent children, 

A.  $130  monthly  where  his  or  her 
basic  needs  are  determined  in 
accordance  with   Schedule  A, 


$120  monthly  where  his  or  her 
basic  needs  are  determined  in 
accordance  with  Schedule  B; 
or 


iii.   for  a  single  person  or  married  person 
with  dependent  children. 


A.  $130  monthly  where  his  or  her 
basic  needs  are  determined  in 
accordance  with  Schedule  A, 


B.  $120  monthly  where  his  or  her 
basic  needs  are  determined  in 
accordance  with  Schedule  B, 

but  where  there  are  more  than  two 
beneficiaries,  the  amounts  in  sub- 
subparagraphs  A  and  B  shall  be 
increased  b\'  S5  for  each  additional 
beneficiary  in  excess  of  two, 


provided  that  in  determining  the  amount  of  a 
reduction  under  this  paragraph,  no  refund  or 
payment  made  to  the  applicant  or  recipient 
under  section  7  of  the  Income  Tax  Act  shall 
be  taken  into  account  and  provided  further 
that  no  reduction  under  this  paragraph  shall 
exceed  the  amount  determined  by  the  Direc- 
tor in  accordance  with  the  following  Table: 


TABLE 


Family  Size 

Schedule 
A 

Schedule 
B 

One  Adult  Beneficiary 
Two  Beneficiaries  (A) 

$38 
93 

$38 
83 

(A)  For  each  beneficiary  in  addition  to  two, 
add  $5  to  the  monthly  amount. 

Where  a  duly  qualified  medical  practitioner 
certifies  that  a  beneficiary  is  pregnant,  or 
where  a  beneficiary  has  given  birth  to  a  child, 
for  additional  needs  of  the  beneficiary  due  to 
the  pregnancy  or  birth,  an  amount  not 
exceeding  $15  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. 


6.  Where  a  duly  qualified  medical  prac- 
titioner 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 
for  basic  needs  determined  in  accordance 
with  Schedule  A  or  B  to  compensate  for 
any  additional  cost  to  provide  the  special 
diet  for  the  beneficiary. 


For  fuel  where  the  budgetary  require- 
ments of  the  applicant  or  recipient  for  basic 
needs  are  determined  under  Schedule  B, 
an  annual  amount,  subject  to  paragraph  8, 
as  determined  by  the  Director  in  accord- 
ance with  the  following  Table,  and  the 
amount  may  be  apportioned  over  any 
period  of  not  more  than  twelve  months: 


452 


FAMILY  BENEFITS 


Reg.  318 


TABLE 
Annual  Amount  for  Fuel 


Number 
of  Rooms 

Detached  Houses 

Attached,  Semi-detached  and  Duplex 
Houses,  Apartments,  Flats  and  Rooitis 

Not  in  a  Territorial 
District 

In  a  Territorial 
District 

Not  in  a  Territorial 
District 

In  a  Territorial 
District 

1 
2 
3 
4 
5 
6 

$  84 

108 
144 
180 
216 
252 

$108 
156 
204 
252 
300 
348 

%  60 

84 
108 
144 
180 
216 

$  84 

108 
156 
204 
252 
300 

8.  Where  any  amount  determined  by  the 
Director  under  paragraph  7  is  insufficient 
to  meet  the  actual  or  anticipated  cost  of 
fuel  for  the  period  of  apportionment  deter- 
mined under  that  paragraph,  the  Director 
may  increase  the  budgetary  requirement 
for  fuel  under  paragraph  7  for  that  period 
up  to  the  amount  of  the  actual  or  anti- 
cipated cost,  as  the  case  may  be. 

9.  For  travel  and  transportation,  where  the 
applicant  or  recipient  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  or  in  cases 
approved  by  the  director  a  per- 
manently unemployable  person,  a 
monthly  amount  equal  to  $15,  but 
where  in  the  opinion  of  the  Director 
the  disabled  person  or  permanently 
unemployable  person  requires  the 
use  of  a  wheelchair  when  travelling 
in  the  community,  a  monthly  amount 
equal  to  $30. 

10.  For  premiums  paid  on  a  policy  of  life 
insurance  in  force  at  the  date  of  applica- 
tion by  an  applicant  or  recipient  with  a 
dependent  child  where, 

i.  the  insurance  is  on  the  life  of  the 
applicant  or  recipient  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  per- 
son, 

an  amount  up  to  a  maximum  amount  of 
$10  monthly. 

11.  For  personal  needs  due  to  advanced  age 
an  amount  equal  to, 

i.  $30  where  the  applicant  or  his 
spouse  but  not  both  of  them,  or  the 
recipient  or  his  spouse  but  not  both 
of  them,  has  attained  the  age  of 
sixty-five  years ;  or 

ii.  $60    where    the    applicant    and  his 

spouse    or    the    recipient    and  his 

spouse  have  each  attained  the  age 
of  sixty-five  years, 

and  where, 

iii.  the  applicant  or  recipient  received 
an  allowance  for  the  month  of 
October,  1975  for  which  the  applicant 
or  recipient  was  eligible  in  an 
amount  determined  by  including 
in  his  budgetary  requirements  for 
that  month  the  amount  included  in 
subparagraph  i  or  ii;  and 

iv.  the  applicant  or  recipient  or  the 
spouse  of  the  applicant  or  recipient 
was  eligible  for  a  pension  under  the 
Old  Age  Security  Act  (Canada)  in 
the  month  of  October,  1975, 

the  amount  in  subparagraph  i  shall  be 
increased  by  $53.96,  or  the  amount  in  sub- 
paragraph ii  shall  be  increased  by  $107. 92,  as 
the  case  may  be,  so  long  as  the  applicant  or 


Reg.  318 


FAMILY  BENEFITS 


453 


recipient  continues  to  remain  eligible  for  the 
allowance. 

12.  For  special  needs,   where  the  applicant  or 
recipient, 

i.  is  a  blind  person  or  a  disabled  person; 

ii.  is  a  person  referred  to  in  subsection  2 
(6);  or 

iii.  is  a  married  person  and  one  spouse  is 
or  both  of  them  are  receiving  an 
increment  under  the  Ontario 
Guaranteed  Annual  Income  Act, 

an  amount  equal  to, 

iv.  the  difference  between  $80  and  the 
aggregate  of  the  monthh'  amounts 
determined  under  paragraphs  5,  6,  7, 
8,  9,  10  and  11  where  such  aggregate 
is  less  than  $80  and  where  the  appli- 
cant or  recipient  is, 

A.  a  single  person,  or 

B.  a  married  person  and  only  one 
spouse  is  a  blind  person,  dis- 
abled person,  a  person  referred 
to  in  subsection  2  (6)  or  is 
receiving  an  increment  under 
the  Ontario  Guaranteed  Annu- 
al Income  Act;  or 

V.  the  difference  between  $160  and  the 
aggregate  of  the  monthh'  amounts 
determined  under  paragraphs  5,  6,  7, 
8,  9,  10  and  1 1  where  such  aggregate 
is  less  than  $160  and  where  the  appli- 
cant or  recipient  is  a  married  person 
and  both  spouses  are  blind  persons, 
disabled  persons,  persons  referred  to 
in  subsection  2  (6),  or  are  receiving 
increments  under  the  Ontario 
Guaranteed  Annual  Income  Act. 

R.R.O.  1970,  Reg.  287,  s.  11  (2);  O.  Reg.  73/71,  s.  4 
(1,  2);  O.  Reg.  381/72,  s.  1;  O.  Reg.  581/72,  s.  2  (2) 
O.  Reg.  187/73,  s.  5  (1);  O.  Reg.  380/73,  s.  1  (1,  2) 
O.  Reg.  559/73,  s.  2  (1,  2);  O.  Reg.  685/73,  s.  1 
O.  Reg.  801/73,  s.  2  (1-3);  O.  Reg.  777/74,  s.  4  (1,  2) 
O.  Reg.  778/74,  s.  2  (2,  3);  O.  Reg.  417/75,  s.  2  (1-3) 
O.  Reg.  567/75,  s.  1  (1);  O.  Reg.  856/75,  s.  1;  O.  Reg 
252/76,  s.  2;  O.  Reg.  508/76.  s.  1;  O.  Reg.  355/77,  s. 
(2-6);  O.  Reg.  992/78,  s.  3;  O.  Reg.  993/78,  s.  1(1,2) 
O.  Reg.  85/80,  s.  3  (2,  3);  O.  Reg.  219/80,  s.  2  (1-3); 
O.  Reg.  1104/80,  s.  6  (1-4). 

(4)  For  the  purpose  of  computing  the  amount  of 
allowances,  the  monthly  budgetary  requirements  of  an 
applicant  or  recipient  who  is  eligible  under  clause  7  (1) 
(/)  of  the  Act  shall  be  a  monthly  amount  equal  to 
$125  for  the  first  foster  child,  $100  for  the  second 


foster  child  and  $85  for  each  addition£il  foster  child. 
O.  Reg.  1104/80,  s.  6(5). 

(5)  Subject  to  subsection  (6),  for  the  purpose  of 
computing  the  monthly  allowance  of  an  applicant  or 
recipient  resident  in, 

(a)  a  home,  joint  home  or  satellite  home  under 
the  Homes  for  the  Aged  and  Rest  Homes  Act; 

ib)  a  charitable  institution  under  the  Charitable 
Institutions  Act; 

(c)  a  nursing  home  licensed  under  the  Xursing 
Homes  Act;  or 

id)  a  home  for  retarded  persons  or  an  auxiliary 
residence  under  the  Homes  for  Retarded 
Persons  Act, 

the   monthly  budgetary  requirements   shall   be   an 
amount  equal  to  the  sum  of, 

(e)  the  lesser  of, 

(i)  $11.42  a  day,  or 

(ii)  the  daily  rate  chargeable  in  respect 
of  the  resident, 

multiplied  by  the  number  of  days  in  the 
month  or  determined  for  the  month  in  such 
other  manner  as  the  Director  may  decide; 
and 

(/)  a  comfort  allowance  in  an  amount  determined 
by  the  Director  but  not  exceeding  $61. 

R.R.O.  1970,  Reg.  287,  s.  11  (4);  O.  Reg. 

153/71,  s.  2  (1);  O.  Reg.  380/73,  s.  1  (3); 
O.  Reg.  533/74,  s.  5  (2);  O.  Reg.  567/75,  s.  1 
(2);  O.  Reg.  385/76,  s.  1;  O.  Reg.  201/77,  s.  1 
(1,2);  O.  Reg.  767/78,  s.  1;  O.  Reg.  64/79,  s.  1; 
O.  Reg.  365/79,  s.  1  (1);  O.  Reg.  571/79,  s.  1; 
O.  Reg.  760/79,  s.  1;  O.  Reg.  49/80,  s.  1; 
.  O.  Reg.  369/80,  s.  1;  O.  Reg.  511/80,  s.  1  (1); 
O.  Reg.  742/80,  s.  1;  O.  Reg.  877/80,  s.  1. 

(6)  In  determining  the  monthly  budgetary  re- 
quirements under  subsection  (5)  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 
subsection,  an  amount  for  transportation  allowance 
not  exceeding  $15  but  where  the  resident  is  a 
blind  f>erson  or  in  the  opinion  of  the  Director 
requires  a  wheelchair  for  traveling  in  the  community, 
the  amount  for  a  transportation  allowance  shall 
not  exceed  $30.     O.  Reg.  187/73,  s.  5  (2). 

(7)  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 


454 


FAMILY  BENEFITS 


Reg.  318 


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, 

the  monthly  budgetary  requirements  shall  be  an 
amount  equal  to  the  sum  of, 

(c)  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,  multiplied  by 
the  number  of  days  in  the  month; 

(d)  any  amount  paid  in  the  month  on  behalf  of 
the  person  for  clothing,  toiletries  and  other 
personal  necessities  under  the  Homes  for 
Special  Care  Act  or  under  the  Developmental 
Services  Act,  as  the  case  may  be;  and 

(e)  any  other  amount  paid  on  behalf  of  the  per- 
son under  the  Homes  for  Special  Care  Act  or 
under  the  Developmental  Services  Act,  as  the 
case  may  be.     O.  Reg.  214/74,  s.  2. 

(8)  For   the   purpose   of   computing   the    monthly 
allowance  of  a  person  who  is  a  patient  in, 

(a)  a  hospital  for  chronically  ill  patients; 

(b)  a  chronic  care  hospital; 

(c)  a  chronic  unit  attached  to  a  general  or  con- 
valescent hospital;  or 

(d)  a  nursing  home  for  chronic  care, 

designated  under  the  regulations  under  the  Health 
Insurance  Act  as  a  hospital  or  a  health  facility  for  the 
provision  of  insured  services  to  chronically  ill  patients, 
the  monthly  budgetary  requirements  shall  be  an 
amount  equal  to  the  sum  of, 

(e)  a  comfort  allowance  in  an  amount  determined 
by  the  Director  but  not  exceeding  $6 1  after  the 
first  month  and  prior  to  the  last  month  of  any 
continuous  period  of  residence  therein;  and 

{/)  the  cost  of  one  or  more  of  the  following 
items  and  services  approved  by  the  Direc- 
tor, 

(i)  dental  services, 
(ii)  dentures, 

(iii)  prosthetic  devices  including  eye- 
glasses, and 

(iv)  clothing.  O.  Reg.  215/74,  s.  2; 
O  Reg.  533/74,  s.  5  (3);  O.  Reg.  201/ 
77,  s.  1  (3);  O.  Reg.  365/79,  s.  1  (2); 
O.  Reg.  511/80,  s.  1  (2). 


13. — (1)  Subject  to  subsection  (2),  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  whatsoever,  received  by  or  on 
behalf  of. 


(a)   the  applicant  or  recipient ; 

(6)  the  spouse  of  the  applicant  or  recipient 
where  the  sf)ouse  is  living  with  the  appli- 
cant or  recipient,  as  the  case  may  be;  and 

(c)  any  dependant  of  the  applicant  or  recipient 
other  than  the  casual  earnings  of  the 
dependant.    O.  Reg.  715/73,  s.  9,  part. 

(2)  For  the  purposes  of  subsection  (1),  and  without 
restricting  the  generality  of  subsection  (1),  income  shall 
include,  ^ — 


1.  subject  to  subsection  (6),  the  gross  monthly 
income  from  wages,  salaries  and  casual  earn- 
ings other  than  the  casual  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.  an  amount  determined  by  the  Director 
up  to  a  maximum  amount  of  $40  for 
work-related  expenses  approved  by 
the  Director, 

ii.  notwithstanding  the  amount  of  $40 
referred  to  in  subparagraph  i,  in  the 
case  of  a  person  referred  to  in  clause  7 
(1)  (a),  (6),  (c)  or  (e)  of  the  Act,  or  sub- 
section 2  (1),  (4),  (5)  or  (6)  of  this 
Regulation, 

A.  an  amount  determined  by  the 
Director  up  to  a  maximum 
amount  of  $50  for  work-related 
expenses  approved  by  the 
Director,  and 

B.  an  amount  in  addition  to  that 
referred  to  in  sub-subpara- 
graph  A  determined  by  the 
Director  up  to  a  maximum 
amount  of  $40  for  extraordi- 
nary work-related  expenses 
approved  by  the  Director,  and 

iii.  $75  where  there  is  one  beneficiary  or 
$100  where  there  is  more  than  one 
beneficiary,  and 

iv.  an  additional  amount,  not  to  exceed 
$50,  equal  to  50  per  cent  of  the  amount 
by  which  the  person's  gross  monthly 
income  from  wages,  salaries,  casual 
earnings  and  the  net  monthly  income 
from  an  interest  in  or  operation  of  a 
business  exceed  the  total  amount  of  the 
exemptions  to  which  the  person  is 
entitled  under  subparagraphs  i,  ii  and 
iii; 

2.  subject  to  subsection  (7),  any  payment 
received  under  the  Old  Age  Security  Act 
(Canada); 

3.  subject  to  subsection  (7),  any  increment 
received  under  the  Ontario  Guaranteed 
Annual  Income  Act; 


Reg.  318 


FAMILY  BENEFITS 


455 


r 


4.  subject  to  subsection  (7),  any  pension  or 
payment  received  under  legislation  of  any 
other  country; 

5 .  subject  to  subsection  (5),  income  from  a  farm; 

6.  subject  to  subsections  (7)  and  (8),  any  regular 
or  periodic  payments  received  under  a 
mortgage  agreement  for  sale  or  loan  agree- 
ment where  the  unpaid  balance  of  the 
mortgage,  agreement  for  sale  or  loan, 
together  with  the  value  of  his  liquid  assets 
exceeds  the  maximum  value  of  the  liquid 
assets  permitted  to  him  under  sections  4  and 
5  or  under  section  2,  as  the  case  may  be; 

7.  subject  to  subsection  (7),  any  regular  or 
periodic  payments  received  under  any 
annuity,  pension  plan,  superannuation 
scheme  or  insurance  benefit; 


r^ 


8.  subject  to  subsection  (7),  any  payments  for 
support  or  maintenance  received  under  an 
order  made  by  a  court  of  competent  jurisdic- 
tion or  under  a  domestic  contract  or  an  agree- 
ment with  the  putative  father  of  a  child  born 
out  of  wedlock; 

9.  maintenance  allowances  paid  under  train- 
ing programs,  after  deducting  therefrom 
any  expenses  determined  by  the  Director 
to  be  necessary  for  taking  any  such  train- 
ing program ; 

10.  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 ;  and 

1 1 .  subject  to  subsection  (7),  where  the  applicant 
or  recipient  is  a  sponsored  dependant  or 
nominated  relative  within  the  meaning  of  the 
regulations  under  the  Immigration  Act,  1976 
(Canada),  payments  available  to  him,  as 
determined  by  the  Director,  under  any 
undertaking  or  engagement  made  on  his 
behalf  under  the  said  regulations  between  the 
Government  of  Canada  and  any  person 
nominating  or  sponsoring  him; 

12.  subject  to  paragraph  14,  where  the  applicant 
or  recipient  is  providing  lodging  to  any  per- 
son, a  monthly  amount  that  shall  be  deemed 
to  be  paid  by  such  person  to  the  applicant  or 
recipient,  which  amount  shall  be, 

i.  $30  where  the  person  is  of  the  age 
of  eighteen  years  or  more  and  is 
being  provided  with  meals  in  addi- 
tion to  lodging,  or 

ii.  $20  where  the  person  is  under 
eighteen  years  of  age  or  is  not  being 
provided  with  meals, 


but  shall  not  include, 

13.  any  benefits  referred  to  in  subsection  12  (4) 
and  any  benefits  received  under  the  Act  and 
the  Regulations; 

14.  the  gross  income  received  for  lodging  with- 
out meals  or  for  meals  and  lodging  provided 
by  the  applicant  or  recipient  to  any  child 
of  the  applicant  or  recipient  where  such 
child  is, 

i.  a  beneficiary, 

ii.  a  recipient  of  general  assistance  under 
the  General  Welfare  Assistance  Act,  or 

iii.  is  in  full  time  attendance  at  an  educa- 
tional institution  approved  by  the 
Director,  or  is  on  vacation  from  such 
institution; 

15.  40  per  cent  of  the  gross  income  as  deter- 

mined by  the  Director  received  from 
rented  self-contained  quarters; 

16.  40  per  cent  of  the  gross  income  as  determined 
by  the  Director  received  from  the  rental  of 
land  or  a  garage;  _ 

17.  family  allowances  received  under  the  Family 
Allowances  Act  (Canada)  or  allowances 
under  the  Youth  Allowances  Act  (Canada); 

18.  any  payment  received  as  a  child  tax  credit  by 
reason  of  the  application  of  section  122.2  of 
the  Income  Tax  Act  (Canada); 

19.  any  payment  received  under  the  Vocational 
Rehabilitation  Services  Act  or  the  regula- 
tions thereunder; 

20.  assistance  receiv-ed  under  the  General  Wel- 
fare Assistance  Act,  except  general  assistance 

paid  under  subsections  11(1)  and  (S)  of  Regu- 
lation 441  of  Revised  Regulations  of  Ontario, 
1980,  received  after  the  first  month  of  eligi- 
bility for  an  allowance; 

21.  payments  received  from  a  governmental 
source  or  other  agency  as  approved  by  the 
Director  on  behalf  of  a  child  who  is  not  a 
beneficiary; 

22.  donations  received  from  a  religious,  chari- 
table or  benevolent  organization; 

23.  casual  gifts  of  small  value; 

24.  casual  payments  of  small  value; 

25.  any  payment  or  refund  received  under  sec- 
tion 7  of  the  Income  Tax  Act; 

26.  any  grant  received  under  section  2  or  7  of  the 
Ontario  Pensioners  Property  Tax  Assistance 
Act; 


456 


FAMILY  BENEFITS 


Reg.  318 


21.  any  payment  received  under  Orders-in- 
Council  numbered  OC-34 10/70  and  OC- 
2403/71,  or  either  of  them,  made  pursuant  to 
section  5  of  the  Ministry  of  Agriculture  and 
Food  Act; 

28.  interest  and  dividends  earned  on  liquid 
assets; 

29.  any  payment  received  pursuant  to  the  Indian 
Act  (Canada)  under  a  treaty  between  Her 
Majesty  and  an  Indian  band; 

30.  any  payment  received  under  Order-in-Coun- 
cil  numbered  P.C.  1977-2496,  made  under 
section  40  of  the  Indian  Act  (Canada); 

31.  any  payment  received  from  the  sale  or  other 
disposition  of  an  asset; 

32.  any  grant  received  by  a  student  under  Regu- 
lation 646  of  Revised  Regulations  of  Ontario, 
1980,  made  under  the  Ministry  of  Colleges 
and  Universities  Act; 

33.  any  bursary  received  by  a  student  under 
Regulation  643  of  Revised  Regulations  of 
Ontario,  1980  made  under  the  Ministry  of 
Colleges  and  Universities  Act; 

34.  any  grant  received  by  a  part-time  student 
enrolled  in  a  post-secondary  institution, 
under  clause  7  (a)  of  the  Ministry  of  Colleges 
and  Universities  Act; 

35.  any  bursary  received  by  a  full-time  student 
enrolled  in  a  secondary  school,  under  clause  8 
(1)  {h)  of  the  Education  Act.  O.  Reg.  715/ 
73,  s.  9,  part;  O.  Reg.  215/74,  s.  3;  O.  Reg. 
533/74,  s.  6tl);  O.  Reg.  778/74,  s.  3;  O.  Reg. 
336/75,  s.  1;  O.  Reg.  567/75,  s.  2  (1,  2); 
O.  Reg.  741/75,  s.  1;  O.  Reg.  132/78,  s.  1; 
O.  Reg.  993/78,  s.  2;  O.  Reg.  285/79,  s.  4; 
O.  Reg.  900/79,  s.  1  (1,  2);  O.  Reg.  85/80, 
s.  4;  O.  Reg.  1100/80,  s.  2;  O.  Reg.  1104/80, 
s.  7. 

(3)  Where, 

(a)  a  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; 

(c)  the  exemptions  contained  in  paragraph  1  of 
subsection  (2)  as  of  the  30th  day  of 
November,  1979,  were  applied  in  calculating 
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  subsection  11  (1)  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, 

the  amount  of  the  allowance  for  each  month  after 
November,  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  calculated  by  applying 
the  exemptions  contained  in  paragraph  1  of  subsection 
(2)  as  it  existed  on  the  30th  day  of  November,  1979. 
O.  Reg.  900/79,  s.  1  (3). 

(4)  Notwithstanding  subsection  (1),  the  income 
determined  for  the  purposes  of  that  subsection,  of  an 
applicant  or  recipient  under  clause  7  (1)  (/)  of  the  Act 
shall  include  only  those  payments  received  by  the 
applicant  or  recipient  on  behalf  of  the  foster  child. 

(5)  For  the  purpose  of  paragraph  5  of  subsection  (2), 
the  annual  income  from  a  farm  shall  be  deemed  to  be, 

(a)  20  per  cent  of  the  first  $1,000  gross  income  or 
any  part  thereof; 

{b)  30  per  cent  of  the  second  $1,000  gross  income 
or  any  part  thereof;  and 

(c)  40  per  cent  of  the  gross  income  in  excess  of 
$2,000.     O.  Reg.  715/73,  s.  9,  part. 

(6)  Notwithstanding  subsection  (1),  in  determining 
the  amount  of  income  under  this  se'^tion,  the  Director 
may  average  the  gross  income  for  wages,  salaries  and 
casual  earnings  over  a  period, 

{a)  not  exceeding  six  months  where  the  applicant 
or  recipient  is  a  disabled  person,  a  blind  per- 
son or  a  permanently  unemployable  person; 
and 

ib)  not  exceeding  four  months  in  all  cases  other 
than  those  cases  referred  to  in  clause  (a). 
O.  Reg.  567/75,  s.  2  (3);  O.  Reg.  900/79, 
s.  1(2).- 

(7)  Where,  in  the  opinion  of  the  Director,  any  regu- 
lar or  periodic  payment  of  the  income  referred  to  in 
paragraph  2,  3,  4,  5,  6,  7,  8  or  11  of  subsection 
(2),  applies  to  a  number  of  months,  he  may  average 
the  income  received  over  that  number  of  months. 
O.  Reg.  533/74,  s.  6  (2). 

(8)  Where  an  applicant  or  recipient  is  in  receipt  of 
principal  or  interest  under  a  mortgage,  loan  agreement 
or  agreement  for  sale,  the  Director  may  approve  the 
application  of  such  amounts  up  to  $75  monthly  in 
reduction  of  the  actual  cost  to  the  applicant  or  recip- 
ient for  shelter  as  defined  in  subsection  12  (1),  for  the 
purpose  of  determining  the  reduction  in  his  or  her 
budgetary  requirements  for  basic  needs  under  para- 
graph 4  of  subsection  12  (3),  but  in  no  case  shall  the 
amounts  so  applied  be  included  as  income  for  the  pur- 
pose of  subsection  (1).     O.  Reg.  355/77,  s.  3. 


Reg.  318 


FAMILY  BENEFITS 


457 


14. — (1)  Subject  to  subsections  (2),  (3)  and  (4),  an 
allowance  shall  be  paid  by  cheque,  monthly  in  arrears, 
computed  from  the  first  day  of  the  month  following  the 
month  in  which  the  eligibility  of  the  applicant  is 
determined. 

(2)  An  allowance  for  an  applicant  who  resides  in  a 
home  for  special  care  established,  licensed  or  approved 
under  the  Homes  for  Special  Care  Act ,  or  in  a  facility 
designated  under  the  Developmental  Services  Act  shall 
be  computed  from  the  date  of  his  admission  to  the 
home  or  facility,  as  the  case  may  be.  O.  Reg.  16/75, 
s.  2. 

(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  cir- 
cumstances wholly  beyond  the  control  of  the  appli- 
cant, the  Director  may  direct  that  payment  shall 
commence  on  an  earlier  date  to  be  set  by  him,  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  he  determines  the 
eligibility,  whichever  is  the  later. 

(4)  Where  a  recipient  ceases  to  be  eligible  for  an 
allowance  and  on  a  new  application  therefor  another 
person  caring  for  a  dependent  child  or  foster-child 
of  the  recipient  is  eligible  for  an  allowance,  the 
allowance  to  that  person  shall  commence  from,  the 
first  day  of  the  month  following  the  month  in  which 
the  recipient  ceases  to  be  eligible. 

(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  imme- 
diately following  the  month  in  which  the  eligibility 
ceased.     R.R.O.  1970,  Reg.  287,  s.  13  (2-4). 

15. — (1)  Notwithstanding  sections  11  and  30, 
where  the  amount  of  any  payment  is  determined  under 
sections  12, or  30  to  be  more  than  zero  and  less  than 
$2.50  in  any  month,  the  amount  may  be  increased  to 
$2.50.     O.  Reg.  777/74,  s.  6. 

(2)  For  the  purposes  of  subsection  (3), 

(fl)  "training  allowance"  means  a  training 
allowance  payable  under  the  Adult  Occu- 
pational Training  Act  (Canada) ; 

(6)  "training  program"  means  a  program 
of  training  approved  by  the  Director. 

(3)  Notwithstanding  subsection  11  (1),  where  the 
amount  of  the  allowance  payable  to  a  recipient  who  is 
a  parent  with  a  dependent  child  would  be  reduced  to 
zero  under  section  13  by  reason  of  income  that  includes 
income  from  a  training  allowance  received  by  the  par- 
ent enrolled  in  a  training  program  for  which  he  or  she 
has  been  approved  by  the  Director,  the  amount  of  the 
allowance  shall  be  continued  at  $2.50  per  month  so 
long  as  the  f)arent  continues  to  be  approved  by  the 
Director  for  the  training  program.  O.  Reg.  813/76, 
s.  1. 


16. — (1)  The  Director  may  determine  that  a  bene- 
ficiary is  not  eligible  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.  O.  Reg. 
715/73,  s.  10,  part. 

(2)  The  Director,  having  regard  to  a  beneficiary's 
budgetary  requirements  and  his  income,  may  vary 
or  suspend  an  allowance  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  (2)  and  where  his 
maintenance  is  being  paid  for  in  whole  or  in 
part  by  a  governmental  agency  approved  by 
the  Director.  R.R.O.  1970,  Reg.  287,  s.  14 
(2). 

(3)  Where  a  recipient  ceases  to  be  eligible  for  an 
allowance  due  to  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 
difference  between  the  maximum  value  of  the  liquid 
assets  that  the  recipient  and  any  other  beneficiaries 
owned  during  the  period  of  ineligibility  and  the 
maximum  value  of  t\\e  liquid  assets  permitted  under 
subsections  2  (1)  and  (3),  section  3  and  section  4. 
O.  Reg.  85/80,  s.  5. 

17.— (1)  An  application  for  an  allowance  shall  be 
made  to  the  Director  in  Form  1.  R.R.O.  1970,  Reg. 
287,  s.  15  (1). 

(2)  An  application  by  a  foster  parent  for  an  allow- 
ance on  behalf  of  a  foster  child  shall  be  made  to  the 
Director  in  Form  2.     O.  Reg.  715/73,  s.  11. 

(3)  An  application  in  Form  1  shall  be  accompanied 
by  a  consent  to  inspect  assets  in  Form  3.  R.R.O. 
1970,  Reg.  287,  s.  15  (3). 

(4)  An  application  for  an  allowance  payable  under 
clause  7  (1)  (c)  or  (e)  of  the  Act  or  under  subsection  2  (5) 
of  this  Regulation  shall  be  accompanied  by  a  report  of 
a  legally  qualified  medical  practitioner  in  Form  4,  but 
where  the  applicant  is  a  blind  person,  the  report  shall 
be  in  Form  5.     O.  Reg.  187/73,  s.  7. 

(5)  Where  applicable,  an  applicant  shall  furnish,  to 
the  satisfaction  of  the  Director, 

(a)  proof  of  the  date  of  birth  of  the  applicant 
and  any  beneficiary  for  whom  an  allowance 
would  be  provided  under  the  application ; 

(b)  proof  of  marriage ;  and 

(c)  proof  of  the  death  of  the  spouse  or  of  a 
parent  of  a  dependent  child  or  foster  child 
in  respect  of  whom  an  application  is  made. 


458 


FAMILY  BENEFITS 


Reg.  318 


(6)  Where  the  applicant  by  reason  of  physical  or 
mental  disability  is  unable  to  make  the  appHcation 
in  person,  the  application  may  be  made  by  the 
spouse  or  some  other  responsible  person  acting  on 
behalf  of  the  applicant.  R.R.O.  1970,  Reg.  287, 
s.  15(5,  6). 

(7)  An  application  for  a  benefit  under  section  38 
shall  be  made  to  the  Director  in  Form  6.     O.  Reg. 

991/78,  s.  2. 

(8)  An  application  for  a  benefit  under  section  39 
shall  be  made  to  the  Director  in  Form  7.  O.  Reg. 
185/79,  s.  1. 

(9)  Notwithstanding  subsections  (1),  (2)  and  (7), 
where,  within  one  year  preceding  the  date  of  applica- 
tion, 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.     O.  Reg.  85/80,  s.  6. 

18. — (1)  In  this  section  "intake  authority"  means 
a  field  worker  or  any  other  person  designated  by 
the  Director. 

(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  (7),  shall  sign  the  application  in  the 
presence  of  the  intake  authority. 

(3)  The  intake  authority  shall  immediately  send 
the  completed  application  and  any  supporting 
material  to  the  Director. 

(4)  An  intake  authority  shall, 

(a)  at  the  request  of  the  Director, 

(i)  verify  any  statements  in  an  applica- 
tion for  an  allowance, 

(ii)  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,  and 

(iii)  review  the  capacity  of  the  applicant 
or  recipient  to  manage  an  allowance ; 

(b)  at  such  times  as  the  Director  directs,  pre- 
pare and  submit  a  report  on  any  circum- 
stances of  an  applicant  or  recipient  that 
might  affect  his  eligibility  for  the  amount 
of  or  continuance  of  a  benefit  or  any  other 
matter  relating  thereto;  and 

(c)  counsel  and  assist  any  applicant  or  recipient 
assigned  to  him  in  any  matter  relating  to  a 
benefit. 

(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  performs  or  service  that  he  renders 
under  the  Act  or  the  regulations.  O.  Reg.  715/73, 
s.  12. 

19.  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  his  original  decision, 
order  or  directive,  as  the  case  may  be,  that  was  the 
subject  of  the  review  or  appeal.  R.R.O.  1970,  Reg. 
287,  s.  19. 

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. 

(2)  The  Minister  shall  designate  as  chairman  of 
the  board  a  legally  qualified  medical  practitioner  ap- 
pointed under  subsection  (1).  R.R.O.  1970,  Reg. 
287,  s.  20(1,  2). 

(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)  obtain  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  per- 
manently unemployable  person  or 
under  what  conditions  he  would  be- 
come employable ;  and 

(b)  determine  if  the  spouse  of  the  applicant 
or  recipient  is  a  blind  person,  a  disabled 
person  or  a  permanently  unemployable 
person  for  the  purposes  of  paragraph  9  of 
subsection  12  (3).  R.R.O.  1970,  Reg.  287, 
s.  20  (3);  O.  Reg.  187/73,  s.  9. 

21.  A  beneficiary  is  entitled  without  cost  to  receive 
insured  services  in  accordance  with  the  Health  Insur- 
ance Act  and  the  regulations  thereunder.  O.  Reg. 
187/73,  s.  10,  part. 

22.  Any  beneficiary  or  class  thereof  other  than  a 
person  who, 

(a)  remains  eligible  for  a  drug  benefit  under  sub- 
section 24  (2);  or 

(b)  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 


Reg.  318 


FAMILY  BENEFITS 


459 


between   the  Crown   in  right   of  Ontario  and  The 
Ontario  Dental  Association.     O.  Reg.  252/76,  s.  3. 

23. — (1)  Notwithstanding  clause  1  (/)  of  the  Act,  in 
subsection  (2),  sections  24  and  25,  "Minister"  means 
the  Minister  of  Health  for  Ontario. 

(2)  In  sections  24  and  25,  "dispensarv"  means  a  per- 
son or  facilit>  in  Ontario  approved  by  the  Minister  to 
dispense  drugs.     O.  Reg.  741/75,  s.  2. 

24. — (1)  Ontario  shall  pay  on  behalf  of  any 
beneficiary  not  eligible  for  a  drug  benefit  under 
section  25,  an  amount  that  is  equal  to  the  cost, 
determined  by  the  Minister,  of  drugs  prescribed 
for  the  person  by  a  duly  qualified  medical 
practitioner  or  member  of  the  Royal  College  of 
Dental  Surgeons  of  Ontario  where  the  drugs  have 
been, 

(a)  approved  by  the  Minister ;  and 

(b)  purchased  by  or  on  behalf  of  the  beneficiary 
from  a  dispensary  during  the  month  next 
following  the  month  in  which, 

(i)  a  payment  of  the  allowance  has 
been  received  by  or  on  behalf  of  the 
beneficiary,  or 

(ii)  in  the  case  of  a  person  remaining 
eligible  for  the  payment  of  the 
drug  benefit  under  subsection  (2), 
the  person  is  approved  by  the 
Director. 

(2)  Notwithstanding  subsection  (1)  and  subject 
to  subsection  (3),  a  person  who  was  eligible  under 
this  section  for  payment  of  the  cost  of  drugs  pur- 
chased by  or  on  behalf  of  the  person  in  the  month 
of  October,  1975  and  who  became  eligible  on  the 
1st  day  of  that  month  for  a  spouse's  allowance 
under  the  Old  Age  Security  Act  (Canada)  shall 
continue  to  remain  eligible  for  the  drug  benefit  so 
long  as  the  person  does  not  become  ineligible  for 
the  drug  benefit  for  a  reason  other  than  the 
person's  eligibility  for  the  spouse's  allowance  on 
that  day. 

(3)  Notwithstanding  section  13  and  for  the  purpose 
of  subsection  (2),  a  spouse's  allowance  under  the  Old 
Age  Security  Act  (Canada)  received  by  any  person 
referred  to  in  subsection  (2),  shall  not  be  included  in 
the  person's  income  determined  under  section  13. 

(4)  A  payment  under  this  section  is  a  class  of 
benefit  other  than  an  allowance. 

(5)  For  the  purpose  of  subclause  (1)  (b)  (i),  a  pay- 
ment of  a  benefit  under  section  31  shall  be  deemed  to 
be  the  payment  of  an  allowance.  O.  Reg.  252/76, 
s.  4. 

25. — (1)  Ontario  shall  pay  on  behalf  of  any  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  and  has  been  a 
resident  of  Ontario  for  the  twelve  consecutive 
months  immediately  preceding  the  date  of 
the  approval; 

(c)  who  is  eligible  for  general  assistance  under 
the  General  Welfare  Assistance  Act;  or 

(d)  who  is  a  "dependant"  within  the  meaning  of 
clause  1  (1)  (e)  of  Regulation  441  of  Revised 
Regulations  of  Ontario,  1980,  of  a  person 
referred  to  in  clause  (c), 

an  amount  that  is  equal  to  the  cost  determined 
by  the  Minister,  of  drugs  prescribed  for  the  person 
by  a  duly  qualified  medical  practitioner  or  member 
of  the  Royal  College  of  Dental  Surgeons  of  Ontario, 
where  the  drugs  have  been, 

(e)  approved  by  the  Minister;  and 

(/)  purchased  by,  or  on  behalf  of  that  person 
from  a  dispensary  at  any  time  in  or  alter 
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, 

as  the  case  may  be, 

so  long  as  that  f>erson  continues  to  reside  in  Ontario. 
O.  Reg.  741/75,  s.  4  (1);  O.  Reg.  508/76,  s.  2  (1). 

(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. 

(3)  Subject  to  subsection  (4),  an  application  for  a 
benefit  payable  under  subsection  (1)  shall  be  made 
to  the  Minister  in  a  form  satisfactory  to  the  Minister, 
and  an  application  so  made  shall  be  deemed  to  be  an 
application  received  by  the  Director  in  accordance 
with  section  9  of  the  Act.  O.  Reg.  741/75,  s.  4  (3), 
part. 

(4)  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;  or 

(c)  general  assistance  under  the  General  Welfare 
Assistance  Act, 


460 


FAMILY  BENEFITS 


Reg.  318 


shall  be  deemed  to  be  an  application  made  under  sub- 
section (3).     O.  Reg.  508/76,  s.  2  (2). 

26. — (1)  Subject  to  subsection  (2),  any  person  who 
ceases  to  be  eligible  for  an  allowance  may,  as  deter- 
mined by  the  Director,  continue  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  ehgibility  for  the  allowance 
ceased. 

(2)  A  person  who  ceases  to  be  eligible  for  an  allow- 
ance 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  was  entitled  to  receive 
before  his  imprisonment  or  admission.  R.R.O. 
1970,  Reg.  287,  s.  24. 

27. — (1)  For  the  purposes  of  this  section,  "depen- 
dant" means  a  dependant  child  and  includes  a  foster 
child  for  whom  an  allowance  is  payable  to  the  recipient 
under  clause  7  (1)  (/)  of  the  Act.  O.  Reg.  576/75, 
s.  3,  part. 

(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)  $35  for  each  of  his  dependants  who  attains  the 
age  of  four  years  or  more  but  who  has  not 
attained  the  age  of  thirteen  years  in  the  calen- 
dar year  in  which  the  amount  is  paid;  and 

(b)  $65  for  each  of  his  dependants  who  attains  the 
age  of  thirteen  years  or  more  in  the  calendar 
year  in  which  the  amount  is  paid.  O.  Reg. 
993/78,  s.  3;  O.  Reg.  219/80,  s.  3. 

(3)  A  payment  under  this  section  is  a  class  of 
benefit  other  than  an  allowance.  O.  Reg.  567/75, 
s.  3,  part. 

28, — (1)  For  the  purpose  of  this  section,  "train- 
ing program"  means  a  training  program  located 
in  Ontario  that  has  been  approved  for  a  specified 
number  of  trainees, 

(a)  jointly  by  the  Department  of  Manpower 
and  Immigration  of  the  Government  of 
Canada  and  the  Ministry  of  Community 
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  sponsorship  of 
the  Department  of  Manpower  and  Immi- 
gration, 

as  part  of  the  Ministry  of  Community  and  Social 
Services'  project  for  the  training  of  recipients  who 
are  parents  with  dependent  children. 


(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 
Director,  may  be  paid  an  amount  considered  by 
the  Director  to  be  reasonable  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  enrollment  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.  O.  Reg.  813/76, 
s.  2. 

29. — (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  recipient's 
allowance  are  necessary  in  order  to  enable  the  recipient 
to  continue  to  reside  in  the  premises  and  where  the 
Director  gives  his  approval  before  any  expenditure  is 
incurred,  there  may  be  paid  to  the  recipient,  in  addi- 
tion 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  506  of  Revised 
Regulations  of  Ontario,  1980  made  under  the 
Housing  Development  Act  or  through  the 
Residential  Rehabilitation  Assistance  Pro- 
gram authorized  by  section  34. 1  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  remodel- 
ling 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 ; 

(/)  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  Regulation  87  of  Revised 
Regulations  of  Ontario,  1980  made  under  the 


Reg.  318 


FAMILY  BENEFITS 


461 


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. 

(3)  Notwithstanding  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. 
O.  Reg.  763/78,  s.  2,  part. 

(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  eyeglasses  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.     O.  Reg.  991/78,  s.  3. 

(5)  A  payment  under  this  section  is  a  class  of  benefit 
other  than  an  allowance.     O.  Reg.  763/78,  s.  2,  part. 

30.  An  applicant  or  recipient, 

(a)  who  is  a  blind  person  or  a  disabled  person; 

(b)  who  is  a  person  referred  to  in  subsection  2  (6); 
or 

(c)  who  is  a  married  person  and  one  spouse  is  or 
both   of  them   are   receiving  an   increment 


under     the     Ontario     Guaranteed    Annual 
Income  Act, 

shall,  in  addition  to  an  allowance,  be  paid  any 
amount  by  which  the  amount  of  the  allowance,  is 
less  than  the  amount  of  the  allowance  that  would 
be  payable  if  the  person's  budgetary  requirements 
determined  under  section  12  were, 

(d)  $337  where  the  applicant  or  recipient  is  a 
single  person; 

(e)  $536  where  the  applicant  or  recipient  is  a  mar- 
ried person  and  only  one  spouse  is  a  blind 
person,  a  disabled  person,  a  person  referred  to 
in  subsection  2  (6)  or  is  receiving  an  incre- 
ment under  the  Ontario  Guaranteed  Annual 
Income  Act;  or 

(/)  $674  where  the  applicant  or  recipient  is  a 
married  person  and  both  spouses  are, 

(i)  blind  persons  or  disabled  persons, 

(ii)  persons  referred  to  in  subsection  2  (6), 
or 

(iii)  receiving  increments  under  the 
Ontario  Guaranteed  Annual  Income 
Act, 


and,  where  the  applicant  or  recipient  has  one 
or  more  dependent  children,  the  amount 
determined  in  accordance  with  the  following 
Table: 


TABLE 


A.  Family  with  One  Adult  Beneficiary 

1.  First  Dependent  Child 

2.  Second  Dependent  Child,  add  to  the  amount  in 
item  1 

3.  For  each  additional  Dependent  Child  add  to  the 
aggregate  of  items  1  and  2 

Age  of  Dependent  Children 

16  Years 
and  Over 

10-15 
Years 

0-9 
Years 

$199 
85 
72 

$181 
70 
62 

$167 
58 
56 

B.  Family  with  Two  Adult  Beneficiaries 

1.  First  Dependent  Child 

2.  For  each  additional  Dependent  Child,  add  to  the 
amount  in  item  1 

85 
72 

70 
62 

58 
56 

O.  Reg.  992/78,  s.  5;  O.  Reg.  219/80,  s.  4;  O.  Reg.  1104/80,  s.  9. 


462 


FAMILY  BENEFITS 


Reg.  318 


31.  Where  a  recipient  ceases  to  be  eligible  for 
an  allowance  because  the  recipient  or  the  recipient's 
spouse  is  engaging  in  regular  employment,  there  may  be 
paid  to  the  recipient,  with  the  approval  of  and  in  a 
jnanner  to  be  determined  by  the  Director,  a  benefit  in  an 
amount  not  in  excess  of  $250.     O.  Reg.  1 104/80,  s.  10. 

32. — (1)  In  this  section,  "dependent  child"  includes 
a  foster  child  in  respect  of  whom  a  benefit  is  provided 
under  clause  7  (1)  {/)  of  the  Act.  O.  Reg.  799/77, 
s.  I,  part. 

(2)  Where  a  recipient  has  a  dependent  child  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, 

there  may  be  paid  to  the  recipient,  in  addition  to  an 
allowance,  an  amount  to  be  determined  by  the  Director, 
not  less  than  $25  a  month  and  not  in  excess  of  $200  per 
month  in  respect  of  each  such  severely  handicapped 
dependent  child.  O.  Reg.  991/78,  s.  A,  part;  O.  Reg. 
219/80,  s.  5;  O.  Reg.  1104/80,  s.  11. 

(3)  In  making  a  determination  under  subsection  (2), 
the  Director  shall  consider  all  the  circumstances  of  the 
recipient  including, 

(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  hmited 
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.  O.  Reg.  991/78,  s.  4, 
part. 

(4)  A  payment  under  this  section  is  a  class  of  benefit 
other  than  an  allowance.     O.  Reg.  799/77,  s.  I,  part. 

33.  Ontario  shall  pay  on  behalf  of  a  recipient  or 
an  applicant  the  cost  of  any  medical  examination  or 
report  to  determine  whether  he  is  a  disabled  person, 
a  permanently  unemployable  person  or  a  blind  person 
where  he  subsequently  becomes  eligible  for  a  benefit 
by  reason  of  the  examination  or  report  in  the 
amounts  of, 

(a)  $10  for  a  report  in  Form  4;  and 

(b)  $20  for  a  report  in  Form  5.  R.R.O.  1970, 
Reg.  287,  s.  26;  O.  Reg.  132/78,  s.  2. 


34. — (1)  In  this  section, 

(a)  "dependant"  means  a  dependant  as  defined 
in  clause  1  (1)  (e)  of  Regulation  943  of 
Revised  Regulations  of  Ontario,  1980  made 
under  the  Vocational  Rehabilitation  Services 
Act; 

(b)  "substantially  gainful  occupation"  means 
substantially  gainful  occupation  as  defined  in 
subsection  1  (2)  of  Regulation  943  of  Revised 
Regulations  of  Ontario,  1980  made  under  the 
Vocational  Rehabilitation  Services  Act. 
O.  Reg.  992/78,  s.  6,  part. 

(2)  Where  a  person  referred  to  in  subsection  2  (6) 
with  one  or  more  dependants  is  required  to  change  his 
or  her  place  of  residence  in  order  to  obtain  and  receive 
assessment  or  training  under  a  vocational  rehabilita- 
tion program  established  under  section  5  of  the  Voca- 
tional Rehabilitation  Services  Act,  while  maintaining 
the  person's  normal  place  of  residence  for  any  depend- 
ants, 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  $257  per  month. 
O.  Reg.  1104/80,  s.  12. 

(3)  A  person  who, 

(a)  is  unmarried; 

(b)  has  no  dependants; 

(c)  is  not  ehgible  for  an  allowance; 

(d)  is  incapable  of  pursuing  regularly  any 
substantially  gainful  occupation  because 
of  physical  or  mental  impairment; 

(e)  is,  with  the  approval  of  the  Director  of  the 
Vocational  Rehabilitation  Services  Branch  of 
the  Ministry  of  Community  and  Social  Ser- 
vices, enrolled  in  an  assessment  or  training 
program  established  under  section  5  of  the 
Vocational  Rehabilitation  Services  Act;  and 

(/ )  is  a  resident  or  patient  in  an  institution  under 
the  Mental  Hospitals  Act, 

may  be  paid  for  transportation  or  work-related 
expenses  an  amount  determined  by  the  Director  but  not 
exceeding  $61  per  month.  O.  Reg.  992/78,  s.  6,  part; 
O.  Reg.  285/79,  s.  5;  O.  Reg.  85/80,  s.  8;  O.  Reg. 
511/80,  s.  2. 

(4)  A  payment  under  this  section  is  a  class  of 
benefit  other  than  an  allowance.  O.  Reg.  992/78, 
s.  6,  part. 

35.-^(1)  Where  a  recipient  who  has  been  a  resident 
in  an  institution  approved  by  the  Director  is  discharged 
or  is  about  to  be  discharged  from  the  institution  in  order 
to  establish  a  permanent  residence  in  the  community 
and,  in  the  opinion  of  the  Director,  needs  financial 
assistance  in  establishing  the  residence,  there  may  be 


Reg.  318 


FAMILY  BENEFITS 


463 


paid  to  the  recipient,  in  addition  to  an  allowance,  a 
benefit  up  to  a  maximum  amount  of  $337. 

(2)  A  payment  under  this  section  is  a  class  of  benefit 
other  than  an  allowance.     O.  Reg.  1104/80,  s.  13. 

36.  An  application  for  an  allowance  under  section 
17  shall  be  deemed  to  include  an  application  for  a 
benefit  paid  or  provided  under  section  21,  22,  "24,  26, 
27,  28,  29,  30,  31,  32,  33  or  34.     O.  Reg.  285/79,  s.  6. 

37.  For  the  purpose  of  subsection  5  (2)  of  the  Act 
and  subject  to  subsection  12  (2),  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.     O.  Reg.  1 104/80,  s.  14. 

38. — (1)  In  this  section, 

(a)  "family  income"  means,  except  as  deter- 
mined in  subsection  (4),  the  aggregate  of  the 
amount  of  income  of, 

(i)  an  applicant  for  a  benefit  or  a  parent 
of  a  beneficiary  under  this  section, 

(ii)  the  spouse  of  the  applicant  or  the 
parent  of  a  beneficiary  who  resides 
with  the  applicant  or  parent,  and 

(iii)  the  severely  handicapped  child, 

for  the  taxation  year  next  preceding  that 
during  which  the  benefit  is  paid  or  is  to  be 
paid; 

{b)  "income"  means  the  amount  of  total  in- 
come 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; 

(c)  "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.     O.  Reg.  99 1/78,  s.  5 ,  part. 

(2)  Where  a  person  who  is  not  eligible  for  an 
allowance  is  the  parent  of  a  child  who, 

(a)  is,  in  the  opinion  of  the  Director,  severely 
handicapped ; 

(6)  has  not  attained  the  age  of  eighteen  years; 
and 

(c)  resides  with  the  person, 

there  may  be  paid  to  the  person  on  behalf  of  the  severely 
handicapped  child  a  benefit  in  an  amount  determined 
by  the  Director,  not  less  than  $25  a  month  and  not  in 


excess  of  $200  a  month  in  respect  of  each  such  severely 
handicapped  child.  O.  Reg.  991/78,  s.  5,  part; 
O.  Reg.  219/80,  s.  8;  O.  Reg.  1104/80,  s.  15. 

(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  Hm- 
ited  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  beneficiary  is  incurring  or  might 
incur  solely  by  reason  of  the  severe  handi- 
cap of  the  child. 

(4)  For  the  purpose  of  verifying  family  income, 
the  appHcant  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  beneficiary  and  the 
severely  handicapped  child,  filed  or  to  be  filed  with 
the  Minister  of  National  Revenue,  for  the  taxation 
year  next  preceding  that  during  which  the  benefit 
is  paid  or  is  to  be  paid. 

(5)  Notwithstanding  subsection  (4),  for  the  purpose 
of  subsection  (3), 

(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  bene- 
ficiary, 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  bene- 
ficiary 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, 

the  Director  may  determine  the  amount  of  the 
family  income. 


464 


FAMILY  BENEFITS 


Reg.  318 


(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)  Notwithstanding  section  21,  a  child  on  whose 
behalf  a  benefit  is  paid  under  this  section  is  not 
entitled  without  cost  to  receive  insured  services  in 
accordance  with  the  Health  Insurance  Act,  and  the 
regulations  thereunder. 

(8)  A  payment  under  this  section  is  a  class  of 
benefit  other  than  an  allowance.  O.  Reg.  991/78, 
s.  5,  part. 

39. — (1)  In  this  section, 

(a)  "active  treatment  hospital"  means  a  hospital 
listed  in  Schedule  1,  Part  I  of  Schedule  4  or 
Part  I  of  Schedule  5  to  Regulation  452  of 
Revised  Regulations  of  Ontario,  1980  made 
under  the  Health  Insurance  Act; 

(b)  "chronic  care  services"  means  chronic  care 
services  as  defined  in  clause  37  (1)  (b)  of 
Regulation  452  of  Revised  Regulations  of 
Ontario,  1980  made  under  the  Health  Insur- 
ance Act; 

(c)  "chronic  care  unit"  means  a  chronic  care  unit 
as  defined  in  clause  3  7  ( 1)  (c)  of  Regulation  452 
of  Revised  Regulations  of  Ontario,  1980 
made  under  the  Health  Insurance  Act; 

(d)  "dependant"  means, 

(i)  a  spouse  who  was  cohabiting  with  the 
applicant. 


(A)  immediately  prior  to  the  appli- 
cant being  admitted  to  a 
chronic  care  unit,  or 

(B)  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 

(ii)  a  child  under  eighteen  years  of  age; 

(e)  "spouse",   notwithstanding  clause   1  (1)  (rf) 
means, 

(i)  either  of  a  man  and  a  woman  being 
married  to  each  other,  and 

(ii)  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  receiv- 
ing 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  37  (8)  of  Regulation  452  of 
Revised  Regulations  of  Ontario,  1980,  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-payment  so  assessed. 

(3)  A  certificate  of  exemption  under  this  section  is  a 
class  of  benefit  other  than  an  allowance.  O.  Reg. 
185/79,  s.  2. 


Reg.  318 


FAMILY  BENEFITS 


465 


Schedule  A 
AMOUNTS  FOR  BASIC  NEEDS  (see  Notes) 


Number  of 

16  Years 

10-15 

0-9 

One  Adult 

Two  Adult 

Children 

and  Over 

Years 

Years 

Person 

Persons 

0 

0 

0 

0 

$257 

$456 

1 

0 

0 

1 

424 

514 

0 

1 

0 

438 

526 

1 

0 

0 

456 

541 

2 

0 

0 

2 

482 

570 

0 

1 

1 

496 

582 

0 

2 

0 

508 

588 

1 

0 

1 

514 

597 

1 

1 

0 

526 

603 

2 

0 

0 

541 

613 

3 

0 

0 

3 

538 

626 

0 

1 

2 

552 

638 

0 

2 

1 

564 

644 

0 

3 

0 

570 

650 

1 

0 

2 

570 

653 

1 

1 

1 

582 

659 

1 

2 

0 

588 

665 

2 

0 

1 

597 

669 

2 

1 

0 

603 

675 

3 

0 

0 

613 

685 

1.  Where  payment  for  shelter  includes  cost  of  heating  the  dwelling  place. 

2 .  The  above  Table  indicates  the  amounts  for  one  or  two  adults  and  the  three  oldest  children  in  a  family.  For 
each  additional  child  in  the  family  in  excess  of  three  children,  add  to  the  appropriate  amount  set  out  in  the 
Schedule  for  a  family  with  three  as  follows: 

i.   16  years  and  over $72 

ii.   10-15  years 62 

iii.  0-9  years , 56 

O.  Reg.  1104/80,  s.  16,  part. 


466 


FAMILY  BENEFITS 


Reg.  318 


Schedule  B 
AMOUNTS  FOR  BASIC  NEEDS  (see  Notes) 


Number  of 

16  Years 

10-15 

0-9 

One  Adult 

Two  Adult 

Children 

and  Over 

Years 

Years 

Person 

Persons 

0 

0 

0 

0 

$257 

$446 

1 

0 

0 

1 

414 

504 

0 

1 

0 

428 

516 

1 

0 

0 

446. 

531 

2 

0 

0 

2 

472 

560 

0 

1 

1 

486 

572 

0 

2 

0 

498 

578 

1 

0 

1 

504 

587 

1 

1 

0 

516 

593 

2 

0 

0 

531 

603 

3 

0 

0 

3 

528 

616 

0 

1 

2 

542 

628 

0 

2 

1 

554 

634 

0 

3 

0 

560 

640 

1 

0 

2 

560 

643 

1 

1 

1 

572 

649 

1 

2 

0 

578 

655 

2 

0 

1 

587 

659 

2 

1 

0 

593 

665 

3 

0 

0 

603 

675 

I 


1.  Where  heating  costs  are  paid  separately  from  shelter  costs. 

2.  The  above  Table  indicates  the  amounts  for  one  or  two  adults  and  the  three  oldest  children  in  a  family.  For 
each  additional  child  in  the  family  in  excess  of  three  children,  add  to  the  appropriate  amount  set  out  in  the 
Schedule  for  a  family  with  three  as  follows: 

i.    16  years  and  over ^72 

ii.    10-15  years 62 

iii.   0-9  years 56 

O.  Reg.  1104/80,  s.  16,  part. 


Reg.  318 


FAMILY  BENEFITS 


467 


Form  1 

Family  Benefits  Act 
APPLICATION  FOR  AN  ALLOWANCE 


1.  Name  of  Applicant: 
Address :    


Surname 


First  Name 


Second  Name 


Number 


Street  or  Rural  Route 


City,  Town,  Village 


Postal  Code 


Township 


County 


Municipality 


Maiden  name  if  applicable Tel.  No. 


Municipal 
Code 

R.O. 

F.W.A. 

Has  the  Applicant   previously  applied   for  an   allowance  or 

assistance  under  The  General  Welfare  Assistance  Act} Yes   □     No  Q   If  yes,  give  particulars 

in  narrative. 


2.  Personal  Data 
A. 


Name(s) 

Birth  Date 

Education 
Last  Grade 
Completed 

Birthplace 

Proof 

Health 

Day 

Month 

Year 

Applicant 

Spouse 

B.  Next  of  Kin. 


(Name) 


(Address) 


(Relationship) 


C.  Marital  Status  of  Applicant 

D  Single       D  Married 

n  Common- 
Law 

D  Widowed 

n  Divorced 

n  Separated 

□  Deserted 

Date: 

Place: 

If  applicant  or  spouse  previously  married,  please  provide  details . 


Does  applicant  or  spouse  have  OHIP  coverage? If  so,   are  premiums  paid  directly; 

through  pension  deductions,  or  otherwise  ? 

Give  details 


468 


FAMILY  BENEFITS 


Reg.  318 


(i)  Applicant:  OHIP  No Social  Insurance  No 

(ii)  Spouse:  OHIP  No Social  Insurance  No 

Are  special  diets  required  by  applicant,  spouse  or  dependent  children?     Yes   □     No   D 


3.   Dependent  Children 


Given  Name(s)  and  Surname(s) 

under  which  birth  was  registered 

for  each  child 

Sex 

Birth  Date 

Birthplace 

School  Grade 

Day 

Month 

Year 

4.  State  in  detail  reasons  why  aid  is  required. 


5.   Residence  in  Ontario  immediately  prior  to  the  date  of  this  application 


(Years)  (Months) 


Details  of  previous  residence. 


6.   Income: 

A.   Past  and  present  employment:     (List  employment  of  applicant  and  all  members  of  household: 
include  part-time  and  irregular  employment,  casual  and  odd  jobs) 

(Give  record  of  past  employment  of  all  employable  members  of  household.     Cover  a  sufficient 
period  for  each  person  to  indicate  period  of  last  regular  employment.) 


Employee 

Employer 
(Name  of  Person, 
Firm  or  Corporation) 

Employer's 
Address 

Number  of 

Hours 

Monthly 

Weekly  Wgs. 

Period  of 
Employment 

Gross  Net 

From 
Mo.-Yr. 

To 
Mo.-Yr. 

Reg.  318 


FAMILY  BENEFITS 


469 


Reason  for  leaving  employment , 


B.  Rental  Revenue     Yes  D     No  D 


Name 

Relationship 

Type  of  Rental 

Rate:  weekly 
or  monthly 

Date 
Commenced 

Date  Ceased 

C.  Roomers  (R)  or  Boarders  (B)     Yes    D     No    D 


Name 

R/B 

Relationship 

Date  of  Birth 

Rate:  weekly 
or  monthly 

Date 
Commenced 

Date 
Ceased 

Is  any  roomer  or  boarder  a  child  of  the  applicant  and  a  beneficiary  of  Family  Benefits,  a  student, 
or  in  receipt  of  General  Welfare  Assistance  ?     Yes    D     No    D 

If  yes,  provide  details 

Is  there  any  other  person  living  in  the  home  ?     Yes    D    No    D     If  yes,  provide  details 


470 


FAMILY  BENEFITS 


Reg.  318 


D.  Other  income  of  spouse  or  any  dependant     Yes    D     No    D 


Description 

Applicant 

Spouse  or  Dependant 

Reference 
Number 

Date 
Commenced 

Monthly 
Amount 

Date 
Commenced 

Monthly 
Amount 

Old  Age  Security  and  G.l.S 

Annuities,  Pensions, 
Superannuation 

Insurance  Benefits (provide 
details) 

Farm  or  Business  (provide 

details) 

Alimony  or  Separation 

Payment 

Maintenance  from  putative  father 
or  deserting  husband 

Mortgage  Receivable      Loan 
Agreement 

Training  Allowances  (Detail 
Expenses) 

Pension  Act  (Canada) 

Unemployment  Insurance  Act 
(Canada) 

War  Veterans'  Allowances  Act 
(Canada) 

Civilian    War   Pensions    and   Allow- 
ances Act  (Canada) 

Official  Guardian 

Canada  Pension  Plan 

(Canada) 

Quebec  Pension  Plan 

(Quebec) 

Workmen's  Compensation  Act 

General  Welfare  Assistance 

Act 

Compensation  for  Victims  of 

Crime  Act 

Other  (Specify) 

1 1 

Reg.  318 


FAMILY  BENEFITS 


471 


Is   applicant,   spouse  or   depH'ndent   child   in   receipt   of  any   rej^'ular  or   periodic   contribution   from 
relativesor  other  sources?     Yes    □     No    D 

I  f  yes,  provide  details  in  narrative 


Is  applicant,  spouse  or  dependent  child  in  receipt  of  Public   Assistance  other  than   for  which  the 
application  is  being  made?     Yes    □     No    D 

If  yes,  give  rate  $ and  date  commenced 

Has  applicant,  spouse  or  dependent  child  received  a  student  award?     Yes    □     No    D 

1  f  yes,  provide  details  in  narrative 

Has  application  been  made  for  any  of  the  above  types  of  income  ?     Yes    □     No    D 

If  yes,  provide  details 

Is  any  future  income  expected  from  any  source?     Yes    D     No    D 

If  yes,  provide  details 

Means  of  subsistence  of  applicant  aiid/or  spouse 

Did  applicant  and/or  spouse  serve  in  allied  armed  forces?     Yes    D     No    D 

If  yes,  dates  and  particulars 


7.   Assets 

A.  Check  for  each  item  held  by  applicant,  spouse  or  dependent  children  at  the  time  of  application 


Type 

Yes 

No 

Description 

A 

S 

c 

Amount 

1.     Cash  on  hand 

2.     Bank  accounts 

3.     Credit  unions 

4.     Safety  deposit  box 

5.     Bonds,  stock  shares  and  other 

securities 

6.     Mortgage  receivable 

7.     Loans,  notes 

8.     Accounts  collectable 

9.     Official  guardian  or  public  trustee 

(money  in  trust) 

10.      Interest  in  automobile  or  truck 

1 1 .      Interest  in  business 

12.     Other 

Are  any   future  assets  expected   (such  as  unadjusted  claims,   insurance,  an  inheritance,  or  lawsuit 
pending)  ?     Yes    D     No    D     If  Yes,  describe  fully  in  narrative 


472 


FAMILY  BENEFITS 


Reg.  318 


B.  Real  Property     Yes    D     No    D 


Description  and  Location 

Applicant 

Spouse 

Dependent 

Children 

Owned 

or 

Life 

Lease 

Rented 

Vacant 

Occupied 

Year 
Pur- 
chased 

As- 
sessed 
Value 

Mar- 
ket 
Value 

Balance 
of 
Mort- 
gages 

Lot 

Plan  or 
Concession 

Township  and  County 
or  Street  Address 
and  City  or  Town 

Transfer  of  Property — Real  or  Personal 

Has  any  property  or  assets  been  transferred  by  applicant,  spouse  or  dependent  children  within  three 
years  prior  to  this  application  ?     Yes    D    No    D 

If  Yes,  give  details  in  narrative 


C.  Estate  of  Deceased  Spouse 

L  Was  there  any  estate?     Yes    D     No    D  2.  Was  there  a  will ?     Yes    D    No    D 

3.  Have  letters  probate  or  letters  of  administration  been  applied  for?     Yes    D     No    D 

D.  Life  Insurance  (on  Life  of  Applicants  and  Dependants) 


Policy 
Number 

Applicant 
Spouse 

Dependent 
Children 

Name  and 
Address 

of 
Company 

Beneficiary 

Face  Value 

Cash 

Surrender 

Value 

Monthly 
Premiums 

8.  Debts 


Name  of  Creditor 

Details 

Verified 

Amount 

Yes 

No 

$ 

Reg.  318 


FAMILY  BENEFITS 


473 


9.  Living  Conditions 

A.  Is  person  in  hospital,  nursing  home  or  other 
institution  ? 


Apphcant 

Yes 

No 

Spouse 

1 .  If  Yes,  give  date  entered 

2.  Name,  address  and  type  of  institution. 


3.  Rate  paid  by     GWA    D    OH  IP    D    Other    D    (specify). 


B.  Is  applicant  boarding?     Yes    D    No    D    If  so,  with  whom ? , 
Effective  Date Rate  (monthly) 


(Relationship) 


C.  Other  living  arrangements : — Expenses  must  be  verified 


Type  of  accommodation  Owned    D 
Rented    D 


Rent 


Number  of  rooms . 


Attached    D 
Detached    D 


Mortgage,  principal 
and  interest 


Fuel :  paid  by  applicant    D 
or  included  in  rent    D 


Taxes  (gross) 


Are  any  costs  shared  ?  Yes    D    No    D 
If  Yes,  give  recipient's  share 


Fire  insurance 
(building  and 
contents) 


Condition  of  property 


Present  mortgage 
balance 


Utilities  (Hydro,  water,  phone) 


Tax  arrears 


Fuel 


Yearly 


Give  additional  details  of  mortgage 
if  necessary 


Name  and  address  of  landlord 


10. 


(full  name) 


DECLARATION 
do  certify  that : 


1.  I  am  the  applicant  named  in  the  foregoing  application  (or  the  person  making  application 
on  behalf  of  the  applicant). 

2.  All  the  statements  in  the  foregoing  application  are  true  to  the  best  of  my  knowledge  and 
belief  and  no  information  required  to  be  given  has  been  concealed  or  omitted. 


474 


FAMILY  BENEFITS 


Reg.  318 


3.  Should  assistance  be  granted  to  me/to  the  applicant  on  the  basis  of  the  foregoing  informa- 
tion, I  undertake  to  notify  the  Director  or  his  representative  of  any  changes  in  my/his 
circumstances,  especially  those  pertaining  to  assets,  income  and  living  arrangements. 


Witnessed  by 
(signature  of  intake  authority) 


(signature  of  applicant  or  signature  of  person 
making  application  on  behalf  of  applicant) 


Witnessed  by 
(signature  of  intake  authority) 


(signature  of  spouse  (if  applicable)  ) 


To  Be  Completed  By  Welfare  Administrator 


Is  applicant  capable  of  managing  assistance  ?     Yes    D    No    D 

If  No,  provide  details  and  recommendations 

Do  you  recommend  a  mail  out  report  ?     Yes    D     No    D 
The  following  forms,  documents  and  certificates  are  attached : 

Documents  to  follow :    

O.  Reg.  715/73,  s.  15,  part. 


Form  2 

Family  Benefits  Act 
APPLICATION  FOR  AN  ALLOWANCE  BY  A  FOSTER  PARENT 

Applicant 
1.  Name  of  Applicant : 


(surname) 
Address   


(given  names) 
(number)  (street  or  rural  route) 

(city,  town,  village  or  P.O.  township)         (county) 


F.W.A. 


R.O. 


(municipality) 


Reg.  318 


FAMILY  BENEFITS 


475 


Data  Pertaining  to  Foster  Child(ren) 


Given  Name(s)  and  Surname 
under  which  Birth  Registered 

Birth 
Date 

Birth  Date 
Proof 

Place  of 
Birth 

Sex 

School 

Grade 

Particulars  of  Natural  Parents 


Name 

Maiden 
Name 

Address  (if 
applicable) 

Marital 
Status 

Date  of 

Death  (if 

applicable) 

Details  of 
Employment 

Mother 

Father 

4.  Assets 

A.  Check  for  each  item  held  by  or  on  behalf  of  foster  child(ren)  at  time  of  application 


Type 

Description 

Amount 

Type 

Description 

Amount 

1.  Cash 

$ 

4.  Official  Guardian 

S 

2.  Bank  Account 

5.  Other  (please 
specify) 

3.  Bonds 

B.  Are  any  future  assets  expected  (such  as  unadjusted  claims,  insurance,  inheritances  or  lawsuits 
pending?     Yes    D    No    D 

5.  Does  foster  child  have  any  interest  in  real  property  ?     Yes    D     No    D 

6.  If  parents  deceased,  was  there  an  estate  and/or  life  insurance?     Yes   D    No   D 

7.  Income 

A.  Check  for  each  item  received  by  or  on  behalf  of  foster  child(ren)  at  time  of  application 


Type 

Date 
Commenced 

Monthly 
Amount 

Type 

Date 
Commenced 

Amount 

Canada  Pension  Plan 

% 

Family  Allowance 
(if  not,  explain) 

S 

War  Veterans 
Allowance 

Other  (please 
specify) 

Maintenance 

476 FAMILY  BENEFITS  Reg.  318 

B.   Is  any  future  income  expected  from  any  source?     Yes    D     No    D 

Data  Pertaining  to  P'ostcr  Parent 

8.   Date  child(ren)  taken  into  care  of  foster  parent 

Relationship  (if  any)  of  parent  to  child(ren) 

Has  previous  application  been  made  on  behalf  of  child(ren)  ?     Yes    D     No    D 

If  Yes,  by  whom  ? and  Date 

Do  these  children  have  any  brothers  or  sisters  under  twenty-one  ?     Yes    D     No    D 

If  Yes,  list  names  and  addresses,  and  names  of  their  foster  parents  (if  applicable) 


DECLARATION 

I do  certify  that : 

(full  name) 

1.  I  am  the  applicant  named  in  the  foregoing  application  (or  the  person  making  application 
on  behalf  of  the  applicant). 

2.  All  the  statements  in  the  foregoing  application  are  true  to  the  best  of  my  knowledge  and  belief 
and  no  information  required  to  be  given  has  been  concealed  or  omitted. 

3.  Should  assistance  be  granted  to  me/to  the  applicant  on  the  basis  of  the  foregoing  informa- 
tion, I  undertake  to  notify  the  Director  or  his  representative  of  any  changes  in  my/his 
circumstances,  especially  those  pertaining  to  assets,  income  and  living  arrangements. 


Witnessed  by  (signature  of  applicant  or  signature  of  person 

(signature  of  intake  authority)  making  application  on  behalf  of  applicant) 

().  Reg.  715/73,  s.  15,  part. 


Form  3 

Family  Benefits  Act 

CONSENT  TO  INSPECT  ASSETS 

I,  ,  an  applicant  under  the  Family  Benefits  Act  and 

I ,  spouse  of  the  above-named  applicant,  consent  that : 

(complete  only  where  applicable) 

1.  Any  person  authorized  by  the  Minister  may  inspect  and  have  access  to  information  and 
records,,  relating  to  any  account,  safety  deposit  box,  stocks,  bonds  or  other  assets  held  by 
me  or  on  my  behalf  alone  or  jointly  with  any  other  person,  in  any  bank,  trust  company  or 

(strike  out  other  financial  institution ;  and 

where  not 

^^  2.  Any  person  authorized  by  the  Minister  may  secure  information  in  respect  to  any  life  or 

accident  insurance  policy  on  my  late  spouse 

(name  of  spouse) 

Dated  at this day  of 19 


Reg.  318  FAMILY  BENEFITS  477 

Witness :    Signature  of  Applicant 

Address :    

Dated  at this day  of 19 

Witness :    Signature  of  Spouse  where  applicable 

Address  if  different 

O.  Reg.  715/73,  s.  15,  part. 

Form  4 

Family  Benefits  Act 
MEDICAL  REPORT  AND  CERTIFICATE  IN  RESPECT  OF  IMPAIRMENT 

Name  of  Person  Examined 

Address 

Sex  Male     D  Female     D  Date  of  Birth 


(day)  (month)  (year) 

1.     (a)  Complaints  and  History  of  Present  Impairment: 


(b)  Date  Impairment  Commenced: 


2.  Examination:     (i)     Mental  Alertness (iv)     Pulse 

(ii)     Height (v)     Blood  Pressure . 

(iii)     Weight (vi)     Other  Findings. 

Urinalysis : 

3.  Diagnosis  : 


4.  Prognosis: 


5.  Present  Treatment: 


6.  Limitations  Imposed  by  the  Impairment: 


478 FAMILY  BENEFITS Reg.  318 

7.  With  or  without  treatment  would  you  expect  sufficient  recovery  to  take  place  in  the  mental  or 
physical  condition  of  this  person  at  any  time  in  the  future  to  render  this  person  employable  ? 

Yes    D        No    D 


8.  Does  Person  Require  Care  in  a  Nursing  Home?     Yes   D        No   D 
If  'Yes',  probable  length  of  time: 


9.  Does  Person  Require  the  Services  of  a 

Registered  Nurse?  Yes   D        No    D 

If 'Yes',  Visits  Recommended:  D     Daily 

(Indicate 

which)    '-'    Number  per  Week 

n    Number  per  Month 

Visits  required  for  a  Period  of Days ;    Weeks ;    Months. 

10.  Does  Person  Require  THE  Use  OF  a  Wheelchair?        Yes   D        No   D 


11.  Recommendations  Regarding  Special  Diets: 


12.  Other  Recommendations: 


In  your  opinion  would  you  consider  this  person  to  be : 

Medically  employable D 

Temporarily  unemployable  for  medical  reasons  but  likely  able  to  resume 

employment  after : 

less  than  six  months ...  D 

six  months D 

one  year D 

two  years D 


Permanently  unemployable  for  medical  reasons  and  unlikely  to  be  able  to 

commence  remunerative  employment d 


Disabled  to  the  extent  that  the  person  is  severely  limited  in  the  activities  pertaining 
to  normal  living  such  as  self-care,  communication,  or  motor  activities,  and  this 
disability  is  likely  to  continue  for  a  prolonged  period  of  time D 


Reg.  318 


FAMILY  BENEFITS 


479 


CERTIFICATE  OF  DOCTOR 
Please  Print 

I,   ,  am  a  legally  qualified  medical  practitioner  and  have 

examined  the  above-named  person  at on . .  . 

and  this  report  contains  my  findings  and  considered  opinion  at  that  time. 


(date) 


(signature) 


(date) 


(address) 


O.  Reg.  187/73,  s.  13. 


Name. 


Form  5 

Family  Benefits  Act 

MEDICAL  REPORT  IN  RESPECT  OF  BLINDNESS 

Date  of  Birth 


(surname)                          (given  names) 
ADDRJiSS 

1.  History        Age  at  onset  of  loss  of  sight.         Right  eye. 

Any  other  disability 

2.  Visual  acuity 


Sex. 


Province  .  . 
Left  eye 


without  glasses 


with  glasses 


Right  eye      

Left  eye         

Both  eyes      

Field  of  vision : 
right 


left 


full 

contfacted 

.  diameter  less  than  20° . 
. . .  .cental  scotoma.  . .  , 
other 


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. 


480 


FAMILY  BENEFITS 


Reg.  318 


3.   Visual  field, 

The  diameter  of  the  visual  field  determined  by  use  of, 
(indicate  which) 

□  a  tangent  screen  at  a  distance  of  one  metre  using  a  10  millimetre  white  test  object;  or 

□  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 


other 


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. 


Do  not  write  in  this  space 


R. 

I)i>tance 
L. 


Sphert' 

Cyl 

Axis 

P.D. 

Far 

Near 

.\DD   R. 

for 
Near  L 


Bridge 

Templf 

Size  and  Shape 

Lxaniint'd  at. 
Dati- 


Signature  of  Ophthalmologist 

Address 

R.R.O.  1970,  Reg.  287,  Form  5;  O.  Reg.  153/71,  s.  4. 


Reg.  318 


FAMILY  BENEFITS 


481 


Form  6 

Family  Benefits  Act 

APPLICATION  FOR  SEVERELY  HANDICAPPED  CHILDREN'S  BENEFITS 


Surname                                      Given  Name 

Field  Worker  #         District  Office  § 

Address                                                           S.I. No. 

Birth  Date 

Postal  Code 

Telephone  No. 

Marital  Status 

D  Single;     D  Married;     D  Divorced;     D  Separated; 

n  Widowed;     D  Deserted;     D  Common-Law 

Spouse's  Surname                                   Given  Name 

S.I. No.                                  Birth  Date 

Severely  Handicapped  Child's  Name 

Sex          Birth  Date 

Does  child  spend  any  time  in 

a  hospital/institution  ?     Please  specify : 

Nature  of  handicap  (Brief  description) 

Other  Children  (Under  21  not  gainfully  employed) 

Name                              Sex                   Age 
M         F 

Name                                 Sex 
M        F 

Family  Income 

(As  reported  on  Income  Tax  Return  for  previous  taxation  year,  19 ) 


Applicant 


Spouse 


Income  from: 

Employment  (less  employment  expense  deduction) 


Pensions,  Superannuation 


Maintenance,  Alimony 


Rental  or  Boarder  Income 


Family  Allowance 


Unemployment  Insurance 


Dividends,  Interest 


Other  Income  from  Investments 


Other  Income  from 
Business/ Property  (explain) 


482 

FAMILY  BENEFITS 

Reg. 

318 

Other  (specify) 

Sub-Total 

(A) 

(B) 

Is  applicant  or  spouse  self-employed  ? 
If  yes,  state  nature  of  occupation 

D  Yes, 

D  No 

Does  the  severely  handicapped  child  have 
If  yes,  specify  source  and  amount  (annual 

any  income  ? 

D  Yes, 

D  No 

(C) 

Total  Family  Income  (total 

of  A,  B  and  C 

above) : 

If  present  family  income  is  substantially 
if  necessary,  attach  detailed  list  of  current 

different  from  previous  taxation 
income. 

year,  explain  and. 

In  all  cases  identify  only  those  portions  of  expenses  that  would  not  be  incurred  if  the  child  were  not 
handicapped. 


A.  Ongoing  Expenses 


1.    Regular  Expenses 

Transportation  Costs  to  doctor/ 
clinic/hospital 


Monthly 
$ 


B.  Contingences    (Sp)ecify    Actual 
or  Estimated  Cost) 

Special  Equipment/Maintenance 
paid  by  Applicant  (itemize 
below)  $ 


Monthly 


Babysitting  (Not  Day  Care) 

Parental  Relief  Program 

Extra  clothing,  Diapers,  Pants, 
Linen 

Summer  Camp  Fees 

Special  Shoes/ Boots 

Necessary  Home  Renovations 

Special  Diet 

Other  (Specify) 

2.    Medical  Expenses 

Costs  not  covered  by  OHIP 

Prescribed  Drugs  not  covered  by  existing 
plan  (Please  comment  if  not  covered  by 
F.B.A.  Drug  Card) 

Contingencies  Total 

Dental  Costs  not  covered  by  existing 
plan 

3.    Educational  &  Social  Expenditures 

Special  Education 

Day  Care  (Actual  cost  paid  by  parents) 


Note:  Availabihty  of,  and  use  of,  alternate 
sources  should  be  listed  e.g.  Blue  Cross, 
Community/ Provincial  Agencies,  Em- 
ployed Insurance  Plans. 


Special  Learning/ Development 
Equipment 


Other  (Specify) 


Reg.  318  FAMILY  BENEFITS  483 

Ongoing  Expenses  Total  $ 


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  representative,  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.  991/78,  s.  6. 

Form  7 

Family  Benefits  Act 

APPLICATION  FOR  REDUCED  ASSESSED  CO-PAYMENT 

Applicant's  Name   OHIP  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  Pen- 
sion Plan,  Company  Pension  Plan,  Union,  Professional,  or  like  dues) 

Net    monthly    employment    income    (gross    monthly    income    less    total 
deductions) 


484 


FAMILY  BENEFITS 


Reg.  318 


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,  Workmen's  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 
SECTION  TWO— EXPENSES 

1.     Basic  Needs 

TABLE 


Family  Size 

Monthly 
Amount 

Applicant  Alone 

$  61 

Applicant  +  1  Dependant 

$250 

Applicant  -1-  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 


Reg.  318  FAMILY  BENEFITS  485 

Water  

Fuel  

Telephone  

Other  (specify)  

Total  shelter  

3.  Family  Related  Costs 

Child  Care  

Alimony/Maintenance  

Other  (specify)  

Total  family  related  costs  .  

4.  Health  Costs 

OHIP  (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  

7.  Other  (specify)  . __^  


Total  monthly  expenses  (total  of  items  1-7)  ==^^==. 

Note:  Income  and  expenses  are  to  be  declared  only  in  respect  of  the  applicant  and 
his  or  her  dependants.  Do  not  include  casual  earnings  of  dependent 
children  under  item  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) 


486 


FAMILY  BENEFITS 


Reg.  318 


Amount  of  Exemption  (Amount  B  less  Amount  A) 


Reduced  Assessed  Co-payment  (Amount  B  less  Amount  C) 


(amount  C) 
(if    less    than 
zero,  enter  nil) 


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 


This  is  to  certify  that . 


Certificate  of  Exemption 


_has  been  granted  a  monthly  benefit  of 


(amount  C) 
under  the  Family  Benefits  Act. 


.under  section  39  of  Regulation  318  of  Revised  Regulations  of  Ontario,  1980 


(date) 


Signature  of  Director  of  Family  Benefits 
or  official  appointed  to  act  on  his  behalf. 

O.  Reg.  185/79,  s.  3;  O.  Reg.  365/79,  s.  2;  O.  Reg.  511/80,  s.  3. 


Reg.  319 


FAMILY  LAW  REFORM 


487 


DESIGNATION  OF  MATRIMONIAL 
HOME— FORMS 


REGULATION  319 

under  the  Family  Law  Reform  Act 

Form  2 
Family  Law  Reform  Act 


1.  A  designation  of  a  matrimonial  home  under  sub- 
section 41  (1)  of  the  Act  shall  be  in  Form  I.     O.  Reg. 

215/78,  s.  1. 

2.  A  cancellation  of  a  designation  of  a  matrimonial 
home  under  subsection  41  (3)  of  the  Act  shall  be  in 
Form  2.     O.  Reg.  215/78,  s.  2. 


Form  1 

Family  Law  Reform  Act 

DESIGNATION  OF  A  MATRIMONIAL  HOME 
We and 


(full  name) 


of   the 


the 


(full  name) 

of  . .  . 

of 


being  spouses  of  one  another  and  being  entitled  to 
possession  of  the  property  hereinafter  described, 
namely : 

(insert  proper  legal  description) 

hereby  designate  the  said  property  as  a  matrimonial 
home. 

Witness  our  hands  the dayof ,19. . 

Witness: 


(signature  of  spouse) 


(signature  of  spouse) 

Note :  Affidavit  of  Subscribing 
Witness  is  Required. 

NOTE:  UPON  REGISTRATION  OF  THIS  DOCU- 
MENT ANY  OTHER  PROPERTY  NOT 
SIMILARLY  DESIGNATED  AS  A 
MATRIMONIAL  HOME  SHALL  NOT 
QUALIFY  AS  A  MATRIMONIAL  HOME. 

O.  Reg.  215/78,  Form  1. 


CANCELLATION  OF  DESIGNATION  OF  A 
MATRIMONIAL  HOME 


We, 


(full  name) 


. . . . ,  and 
.,  of  the 


(full  name) 

of in 

the of 

being  spouses  of  one  another  and  being  entitled  to 
possession  of  the  property  hereinafter  described, 
namely : 

(insert  proper  legal  description) 

hereby  cancel  the  designation  of  the  said  property 
as  a  matrimonial  home,  which  designation  was  made 

by  us  on  the day  of 19 . . , 

and  was  registered  in  the  Land  Registry  Office  for 

the Division  of (No ) 

on  the   day  of   ,  19 .... , 

as  Instrument  Number 

Witness  our  hands  the day  of 19 . . 

Witness : 


(signature  of  spouse) 


(signature  of  spouse) 

Note :  Affidavit  of  Subscribing 
Witness  is  Required. 

NOTE:  UPON  REGISTRATION  OF  THIS 
DOCUMENT  THE  PROPERTY 
DESCRIBED  THEREIN  CEASES  TO  BE 
A  MATRIMONIAL  HOME.  UPON 
THERE  CEASING  TO  BE  ANY  DESIG- 
NATION OF  A  FAMILY  HOME  UNDER 
SUBSECTION  41(1)  OF  THE  ACT,  SEC- 
TION 39  OF  THE  ACT  SHALL  APPLY 
IN  RESPECT  OF  PROPERTY  THAT  IS 
A  MATRIMONIAL  HOME. 

O.  Reg.  215/78,  Form  2. 


I 


Reg.  320 


FARM  INCOME  STABILIZATION 


489 


REGULATION  320 


under  the  Farm  Income  Stabilization  Act 


PLAN— CORN  STABILIZATION,  1979-1981 

1.  The  voluntary  plan  for  farm  income  stabilization 
respecting  corn,  known  as  the  "Ontario  Corn  Stabili- 
zation Plan,  1979-1981"  is  continued.  O.  Reg.  480/ 
79,  s.  1,  revised. 

2.  In 'this  Regulation, 

(a)  "corn"  means  grain  corn  produced  in  Ontario 
and  marketed  during  the  term  referred  to  in 
section  9; 

(b)  "crop  year"  means  a  period  from  the  1st  day  of 
September  in  one  year  to  the  31st  day  of 
August  in  the  next  year; 

(c)  "multi-farm  operation"  means  two  or  more 
farm  units  operated  by  two  or  more  different 
participants  as  a  joint  undertaking; 

(d)  "participant"  means,  with  respect  to  a  multi- 
farm  operation,  a  person  who, 

(i)  is  a  bona  fide  farmer, 

(ii)  supports  a  farm  family  unit, 

(iii)  derives  his  principal  income  from 
farming,  and 

(iv)  shows  a  distinct  and  proportionate 
investment,  management,  labour  and 
risk-taking  or  profit-sharing  in  the 
multi-farm  operation; 

(e)  "plan"  means  the  Ontario  Com  Stabilization 
Plan,  1979-1981.     O.  Reg.  480/79,  s.  2. 

3.  A  person  who  applies  for  enrolment  in  the  plan  is 
required,  as  a  condition  of  acceptance  for  enrolment,  to 
be, 

(fl)  the  owner  and  operator  of  a  farm  on  which  he 
produces  com; 

ib)  the  tenant  and  operator  of  a  farm  on  which  he 
produces  com;  or 

(c)  a  participant  in  a  multi-farm  operation. 
O.  Reg.  480/79,  s.  3. 

4. — (1)  No  person  is  eligible  to  receive  payments 
under  the  plan  in  respect  of  a  crop  year  in  which  he  has 
marketed  less  than  ten  tonnes  of  com. 

(2)  A  person  may  continue  to  be  enrolled  in  the  plan 
whether  or  not  his  annual  registration  form  filed  under 


section  8  discloses  that  he  intends  to  market  less  than 
ten  tonnes  of  com  in  the  year  to  which  the  annual 
registration  form  applies.     O.  Reg.  480/79,  s.  4. 

5. — (1)  No  person  is  eligible  to  receive  payments 
under  the  plan  for  corn  marketed  by  him  in  excess  of 
1 ,000  tonnes  in  any  crop  year  within  the  period  referred 
to  in  section  9. 

(2)  No  person  who  is  a  psuticipant  in  a  multi-farm 
operation  is  eligible  to  receive  payments  under  the  plan 
for  corn  marketed  from  the  multi-farm  operation  where 
such  marketing  results  in  total  marketing  from  the 
multi-farm  operation  exceeding  3,000  tonnes  in  any 
crop  year  within  the  period  referred  to  in  section  9. 
O.  Reg.  480/79,  s.  5. 

6.  It  is  a  condition  of  enrolment  in  the  plan  that  to 
receive  any  payment  thereunder  the  person  enrolled 
shall  comply  with  the  following  conditions: 

1.  Sales  sHps  and  weigh  slips,  signed  by  the 
buyer  and  seller,  shall  be  maintained  by  the 
enrolled  person  and  submitted  to  the  Com- 
mission, or  to  such  person  as  it  may  direct,  in 
respect  of  every  lot  of  corn  for  which  payment 
is  claimed  under  the  plan. 

2.  The  enrolled  person  shall  not  claim  payment 
for  corn  under  the  plan  unless  it  was  marketed 
by  him  during  the  crop  year  with  respect  to 
which  he  has  applied  for  payment. 

3.  The  enrolled  person  shall  not  claim  payment 
for  corn  marketed  by  him  that  has  been 
replaced  by  him  through  purchases  of  other 
grains  or  feed,  and  in  the  cjise  of  purchase  of 
other  grains  or  feed,  the  amount  of  com 
replaced  shall  be  determined  by  the  Commis- 
sion. 

4.  The  enrolled  person  shall  maintain  a  record  of 
all  sales  of  corn  by  him  and  a  record  of  all 
purchases  by  him  of  corn,  other  grains  and 
feed,  and  the  record  of  sales  of  com  shall 
include  the  name  of  the  buyer  and  seller,  the 
date  of  the  sale,  the  date  and  location  of  deliv- 
ery, the  quantity,  the  moisture  content  and 
price. 

5.  Where  the  moisture  content  of  any  com  mar- 
keted by  the  enrolled  person  exceeds  15.5  per 
cent,  the  weight  of  the  corn  marketed  shall  be 
adjusted  to  a  weight  that  is  equivalent  to  the 
same  quantity  of  corn  having  a  moisture  con- 
tent of  15.5  per  cent.     O.  Reg.  480/79,  s.  6. 


490 


FARM  INCOME  STABILIZATION 


Reg.  320 


7. — ( 1)  An  application  for  enrolment  in  the  plan  shall 
be  in  Form  1. 

(2)  Subject  to  subsection  (3),  no  person  shall  be 
enrolled  in  the  plan  unless  his  application  for  enrol- 
ment was  submitted  to  the  Commission  not  later  than 
the  1st  day  of  September,  1979. 

(3)  Notwithstanding  subsection  (2),  a  person  may 
apply  for  enrolment  in  the  plan  for  the  crop  year  com- 
mencing on  the  1st  day  of  September,  1980  or  for  the 
crop  year  commencing  on  the  1st  day  of  September, 
1981,  where, 

(a)  he  has  not,  for  any  crop  year  during  the  term 
referred  to  in  section  9,  prior  to  such  date, 
marketed  ten  tonnes  or  more  of  corn  and  he 
pays  the  prescribed  fee  to  the  Commission 
with  his  application;  or 

(b)  he  h£is,  for  any  crop  year  during  the  term 
referred  to  in  section  9,  prior  to  such  date, 
marketed  ten  tonnes  or  more  of  corn  and  he 
pays  the  prescribed  fees  to  the  Commission 
together  with  an  amount  sufficient  to  place  his 
account  on  a  basis  equivalent  to  those  pro- 
ducers who  enrolled  for  the  crop  year  com- 
mencing on  the  1st  day  of  September,  1979. 
O.  Reg.  480/79,  s.  7. 

8.  Each  person  enrolled  in  the  plan  shall ,  prior  to  the 
1st  day  of  September  in  each  crop  year  during  the  term 
referred  to  in  section  9,  after  the  year  in  which  he 
applied  for  enrolment,  file  with  the  Commission  an 
annual  registration  form  in  Form  2  respecting  the  corn 
that  he  intends  to  market  subject  to  this  plan  during  the 
forthcoming  crop  year.     O.  Reg.  480/79,  s.  8. 

9.  Every  enrolment  shall  be  for  a  term  commencing 
on  the  1st  day  of  September,  1979  and  ending  with  the 
31st  day  of  August,  1982.     O.  Reg.  480/79,  s.  9. 


10. — (1)  Each  person  enrolled  or  applying  for 
enrolment  in  the  plan,  at  the  time  of  filing  each  annual 
registration  form  required  under  the  plan,  shall  pay  to 
the  Commission  such  fees  as  are  prescribed  in  connec- 
tion therewith. 

(2)  Each  person  enrolled  or  applying  for  enrolment  in 
the  plan,  at  the  time  of  filing  the  annual  registration 
form  required  in  1979,  shall  pay  a  fee  of  $1.62  a  tonne  of 
corn  shown  on  the  annual  registration  form  as  corn  that 
the  person  intends  to  market  subject  to  the  plan  during 
the  forthcoming  crop  year  and  for  which  he  is  eligible  to 
receive  payments  under  .Jhe  plan.  O.  Reg.  480/79, 
s.  10(1,  2). 

(3)  Each  person  who  was  enrolled  in  the  plan  in 
1979  and  has  paid  the  fees  therefor  shall  pay  a  fee  of 
$1.62  a  tonne  of  corn  for  each  tonne  of  corn  shown  on 
the  annual  registration  form  for  1980  in  excess  of  the 
number  of  tonnes  of  corn  shown  on  the  annual  registra- 
tion form  for  1979.  as  corn  that  the  person  intends  to 
market  subject  to  the  plan  during  the  forthcoming  crop 
year  and  for  which  he  is  eligible  to  receive  payments 
under  the  plan. 

(4)  Each  person  who  was  not  enrolled  in  the  plan  in 
1979  and  who  applies  for  enrolment  in  1980,  shall,  at 
the  time  of  filing  the  annual  registration  form  required 
in  1 980,  pay  a  fee  of  $  1 .  62  a  tonne  of  corn  shown  on  the 
annual  registration  form  as  corn  that  the  person  intends 
to  market  subject  to  the  plan  during  the  forthcoming 
crop  year  and  for  which  he  is  eligible  to  receive  pay- 
ments under  the  plan.     O.  Reg.  862/80,  s.  1. 

(5)  Where  a  producer,  at  the  end  of  the  term  referred 
to  in  section  9,  has  moneys  standing  to  the  credit  of  his 
account  on  the  books  of  the  Commission,  the  Commis- 
■sion  shall  refund  such  moneys  to  the  producer  together 
with  any  interest  earned  thereon.  O.Reg.  480/79, 
s.  10  (3). 


Form  1 

Farm  Income  Stabilization  Act 

CORN  STABILIZATION,  1979-1981 
APPLICATION  FOR  ENROLMENT  AND  ANNUAL  REGISTRATION  FORM 

CORN 

ONT.     STAB.     NUMBER 


NAME  OF  APPLICANT 

Family  or  Surname 
1 


Given     Names 


Social  Ins.  No. 


Reg.  320 FARM  INCOME  STABILIZATION 491 

If  Partnership  or  Corporation,  Give  Name 
2 

List  Names  of  Partners  or  Officers  Social  Ins.  No. 

3 

4 

5 

Mailing 

Address  Postal  Code 

As  a  condition  of  acceptance  of  this  application  for  participation  in  the  Ontario  Corn  Stabilization  Plan, 
1979-1981,  the  applicant  agrees  to  the  following  terms  and  conditions: 

1.  The  applicant  will  participate  for  the  full  term  of  the  plan,  conform  to  all  provisions  thereof  including  any 
amendments  that  may  be  made  from  time  to  time  and  pay  all  fees  in  accordance  with  the  plan. 

2.  The  applicant  will  accurately  complete  and  submit  to  the  Farm  Income  Stabilization  Commission  all 
information  and  annual  registration  forms  that  may  from  time  to  time  be  required  b.\-  the  Commission,  by 
the  date  required  in  the  Plan. 

3.  The  applicant  will  provide  to  the  Commission  upon  request,  any  documents,  books  or  records  or  other 
information  required  for  verification  of  any  information  supplied  in  any  annual  registration  form. 

FARM  LOCATION 

Farmland  County,  District  or  Regional  Municipality 


Hopie  Farm 


Township  Lot  Con.  Area  Code  Telephone   No. 


CROP  YIELD  REGISTRATION  AND  FEE  CALCULATION 

CORN  A  B  C 

Tonne  Fee  Remit  Total  Fee 


X  $1.62 

Make  cheque  or  money  order  payable  to  Farm  Income  Stabilization  Commission  of  Ontario. 

THIS  FORM  MUST  BE  SIGNED  BY, 

1.  In  the  case  of  an  individual,  by  the  applicant; 

2.  In  the  case  of  a  partnership  or  multi-farm  operation,  by  all  partners  or  participants;  or 

3.  In  the  case  of  a  corporation,  by  the  proper  officers  under  corporate  seal. 

I  (we)  certify  the  information  supplied  herein  is  complete  and  correct  and  recognize  that  misrepresentation  of 
facts  or  failure  to  comply  with  the  conditions  of  the  program  may  warrant  exclusion  from  the  benefits  of  the 
program  and  that,  if  I  (we)  fail  to  pay  fees  at  the  times  required,  I  (we)  shall  be  deemed  to  have  withdrawn  from 
enrolment  in  the  plan  and  all  moneys  heretofore  paid  by  me  (us)  are  forfeited. 


492 


FARM  INCOME  STABILIZATION 


Reg.  320 


Dated  this dav  of 19 . 


(applicant) 


O.  Reg.  480/79,  Form  1. 
Form  2 
Farm  Income  Stabilization  Act 
CORN  STABILIZATION,  1979-1981 
ANNUAL  REGISTRATION  FORM 
You  are  obligated  under  your  agreement  with  the  Commission  to  file  an  annual  registration  form  and  submit 
any  required  fees  therewith  on  or  before  ,  19 ...  . 


(Name) 


Quote  this  stabilization  number  on  any 
correspondence 


(Address) 


READ  DIRECTIONS  ON  REVERSE  SIDE 


Expected  Sales 
in  Tonnes 


Fee  per 
Tonne 


Balance 
in  Account 


Balance 
Due 


Crop  in  Tonnes  Tonne  Fee 

X       ^=     \p *p —     »p 

X      =    $ -    $ =    $ 

*Total  Balance  Due        $ 

Return  this  copy  with  your  cheque  payable  to  the  Farm  Income  Stabilization  Fund  by  the  date  shown  above 
Dated  the dav  of ,  19 


(Applicant) 


O.  Reg.  480/79,  Form  2. 


Reg.  321 


FARM  INCOME  STABILIZATION 


493 


REGULATION  321 

under  the  Farm  Income  Stabilization  Act 


PLAN— SOYBEAN  STABILIZATION,  1979-1981 

1.  The  voluntary  plan  for  farm  income  stabilization 
respecting  soybeans,  known  £is  the  "Ontario  Soybean 
Stabilization  Plan,  1979-1981"  is  continued.  O.  Reg. 
479/79,  s.  1. 

2.  In  this  Regulation, 

(a)  "crop  year"  means  a  period  from  the  1st  day  of 
September  in  one  year  to  the  31st  day  of 
August  in  the  next  year; 

(ft)  "multi-farm  operation"  means  two  or  more 
farm  units  operated  by  two  or  more  different 
participants  as  a  joint  undertaking; 

(c)  "participant"  means,  with  respect  to  a  multi- 
farm  operation,  a  person  who, 

(i)  is  a.  bona  fide  farmer, 

(ii)  supports  a  farm  family  unit, 

(iii)  derives  his  principal  income  from 
farming,  and 

(iv)  shows  a  distinct  and  proportionate 
investment,  management,  labour  and 
risk-taking  or  profit-sharing  in  the 
multi-farm  operation; 

(d)  "plan"  means  the  Ontario  Soybean  Stabiliza- 
tion Plan,  1979-1981; 

(c)  "soybeans"  means  soybeans  produced  in 
Ontario  and  marketed  for  any  purpose  other 
than  as  seed  during  the  term  referred  to  in 
section  9.     O.  Reg.  479/79,  s.  2. 

3.  A  person  who  applies  for  enrolment  in  the  plan  is 
required,  as  a  condition  of  acceptance  for  enrolment,  to 
be, 

(o)  the  owner  and  operator  of  a  farm  on  which  he 
produces  soybeans; 

(b)  the  tenant  and  operator  of  a  farm  on  which  he 
produces  soybeans;  or 

(c)  a  participant  in  a  multi-farm  operation. 
O.  Reg.  479/79,  s.  3. 

4. — (1)  No  person  is  eligible  to  receive  payments 
under  the  plan  in  respect  of  a  crop  year  in  which  he  has 
marketed  less  than  four  tonnes  of  soybeans. 


(2)  A  person  may  continue  to  be  enrolled  in  the  plan 
whether  or  not  his  annual  registration  form  filed  under 
section  8  discloses  that  he  intends  to  market  less  than 
four  tonnes  of  soybeans  in  the  year  to  which  the  annual 
registration  form  applies.     O.  Reg.  479/79,  s.  4. 

5. — (1)  No  person  is  eligible  to  receive  payments 
under  the  plan  for  soybeans  marketed  by  him  in  excess 
of  330  tonnes  in  any  crop  year  within  the  period  referred 
to  in  section  9. 

(2)  No  person  who  is  a  participant  in  a  multi-farm 
operation  is  eligible  to  receive  payments  under  the  plan 
for  soybeans  marketed  from  the  multi-farm  operation 
where  such  marketing  results  in  total  marketing  from 
the  multi-farm  operation  exceeding  990  tonnes  in  any 
crop  year  within  the  period  referred  to  in  section  9. 
O.  Reg.  479/79,  s.  S. 

6.  It  is  a  condition  of  enrolment  in  the  plan  that  to 
receive  any  payment  thereunder  the  person  enrolled 
shall  comply  with  the  following  conditions: 

1.  Sales  slips  and  weigh  slips,  signed  by  the 
buyer  and  seller,  shall  be  maintained  by  the 
enrolled  person  and  submitted  to  the  Com- 
mission, or  to  such  person  as  it  may  direct,  in 
respect  of  every  lot  of  soybeans  for  which 
payment  is  claimed  under  the  plan. 

2 .  The  enrolled  person  shall  not  claim  payment 
for  soybeans  under  the  plan  unless  they  were 
marketed  by  him  during  the  crop  year  with 
respect  to  which  he  has  applied  for  payment 
and  were  not  marketed  as  seed. 

3.  The  enrolled  person  shall  maintain  a  record  of 
all  sales  of  soybeans  by  him  and  the  record  of 
sales  of  soybeans  shall  include  the  name  of  the 
buyer  and  seller,  the  date  of  the  sale,  the  date 
and  location  of  delivery,  the  quantity,  the 
moisture  content  and  price. 

4.  Where  the  moisture  content  of  any  soybeans 
marketed  by  the  enrolled  person  exceeds  14 
per  cent,  the  weight  of  the  soybeans  marketed 
shall  be  adjusted  to  a  weight  that  is  equivalent 
to  the  same  quantity  of  soybeans  having  a 
moisture  content  of  14  per  cent.  O.  Reg. 
479/79,  s.  6. 

7. — ( 1)  An  application  for  enrolment  in  the  plan  shall 
be  in  Form  1. 

(2)  Subject  to  subsection  (3),  no  person  shall  be 
enrolled  in  the  plan  unless  his  application  for  enrol- 
ment was  submitted  to  the  Commission  not  later  than 
the  1st  day  of  September,  1979. 


494 


FARM  INCOME  STABILIZATION 


Reg.  321 


(3)  Notwithstanding  subsection  (2),  a  person  may 
apply  for  enrolment  in  the  plan  for  the  crop  year  com- 
mencing on  the  1st  day  of  September,  1980  or  for  the 
crop  year  commencing  on  the  1st  day  of  September, 
1981,  where, 

(a)  he  has  not,  for  any  crop  year  during  the  term 
referred  to  in  section  9,  prior  to  such  date, 
marketed  four  tonnes  or  more  of  soybeans  and 
he  pays  the  prescribed  fee  to  the  Commission 
with  his  application;  or 

(b)  he  has,  for  any  crop  year  during  the  term 
referred  to  in  section  9,  prior  to  such  date, 
marketed  four  tonnes  or  more  of  soybeans  and 
he  pays  the  prescribed  fees  to  the  Commission 
together  with  an  amount  sufficient  to  place  his 
account  on  a  basis  equivalent  to  those  produ- 
cers who  enrolled  for  the  crop  year  com- 
mencing on  the  1st  day  of  September, 
1979.     O.  Reg.  479/79,  s.  7. 

8.  Each  person  enrolled  in  the  plan  shall,  prior  to  the 
1st  day  of  September  in  each  crop  year  during  the  term 
referred  to  in  section  9,  after  the  year  in  which  he 
applied  for  enrolment,  file  with  the  Commission  an 
annual  registration  form  in  Form  2  respecting  the  soy- 
beans that  he  intends  to  market  subject  to  this  plan 
during  the  forthcoming  crop  year.  O.  Reg.  479/79, 
s.  8. 

9.  Every  enrolment  shall  be  for  a  term  commencing 
on  the  1st  day  of  September,  1979  and  ending  with  the 
31st  day  of  August,  1982.     O.  Reg.  479/79,  s.  9. 

10. — (1)  Each  person  enrolled  or  applying  for 
enrolment  in  the  plan,  at  the  time  of  filing  each  annual 


registration  form  required  under  the  plan,  shall  pay  to 
the  Commission  such  fees  as  are  prescribed  in  connec- 
tion therewith. 

(2)  Each  person  enrolled  or  applying  for  enrolment  in 
the  plan,  at  the  time  of  filing  the  annual  registration 
form  required  in  1979,  shall  pay  a  fee  of  $4. 00  a  tonne  of 
soybeans  shown  on  the  annual  registration  form  as 
soybeans  that  the  person  intends  to  market  subject  to 
the  plan  during  the  forthcoming  crop  year  and  for 
which  he  is  eligible  to  receive  payments  under  the  plan. 
O.  Reg.  479/79,  s.  10  (1,  2). 

(3)  Each  person  who  was  enrolled  in  the  plan  in 
1979  and  has  paid  the  fees  therefor  shall  pay  a  fee  of 
$4.00  a  tonne  of  soybeans  for  each  tonne  of  soybeans 
shown  on  the  annual  registration  form  for  1 980  in  excess 
of  the  number  of  tonnes  of  soybeans  shown  on  the 
annual  registration  form  for  1979  as  soybeans  that  the 
person  intends  to  market  subject  to  the  plan  during  the 
forthcoming  crop  year  and  for  which  he  is  eligible  to 
receive  payments  under  the  plan. 

(4)  Each  person  who  was  not  enrolled  in  the  plan  in 
1979  and  who  applies  for  enrolment  in  1980,  shall,  at 
the  time  of  filing  the  annual  registration  form  required 
in  1980,  payafeeof  $4. 00  a  tonne  of  soybeans  shown  on 
the  annual  registration  form  as  soybeans  that  the  person 
intends  to  market  subject  to  the  plan  during  the  forth- 
coming crop  year  and  for  which  he  is  eligible  to  receive 
payments  under  the  plan.     O.  Reg.  861/80,  s.  1. 

(5)  Where  a  producer,  at  the  end  of  the  term  referred 
to  in  section  9,  has  moneys  standing  to  the  credit  of  his 
account  on  the  books  of  the  Commission,  the  Commis- 
sion shall  refund  such  moneys  to  the  producer  together 
with  any  interest  earned  thereon.  O.  Reg.  479/79, 
s.  10  (3). 


Reg.  321 FARM  INCOME  STABILIZATION 495 

Form  1 

Farm  Income  Stabilization  Act 

SOYBEAN  STABILIZATION,  1979-1981 

APPLICATION  FOR  ENROLMENT  AND  ANNUAL  REGISTRATION  FORM 

SOYBEANS 

ONT.      STAB.      NUMBER 


NAME  OF  APPLICANT 

Family  or  Surname                                          Given     Names                                          Social  Ins.  No. 
1 

If  Partnership  or  Corporation,  Give  Name 
2 

List  Names  of  Partners  or  Officers                                                                                     Social  Ins.  No. 
3 


5 

Mailing 

Address  Postal  Code , 


As  a  condition  of  acceptance  of  this  soybean  application  for  participation  in  the  Ontario  Soybean  Stabilization 
Plan,  1979-1981,  the  applicant  agrees  to  the  following  terms  and  conditions; 

1 .  The  applicant  will  participate  for  the  full  term  of  the  plan,  conform  to  all  provisions  thereof  including  any 
amendments  that  may  be  made  from  time  to  time  and  pay  all  fees  in  accordance  with  the  plan. 

2.  The  applicant  will  accurately  complete  and  submit  to  the  Farm  Income  Stabilization  Commission  all 
information  and  annual  registration  forms  that  may  from  time  to  time  be  required  by  the  Commission,  by 
the  date  required  in  the  Plan. 

3.  The  applicant  will  provide  to  the  Commission  upon  request,  any  documents,  books  or  records  or  other 
information  required  for  verification  of  any  information  supplied  in  any  annual  registration  form. 

FARM  LOCATION 

Farmland  County,  District  or  Regional  Municipality 

Home  Farm  

Township  Lot  Con.  Area  Code  Telephone  No. 


CROP  YIELD  REGISTRATION  AND  FEE  CALCULATION 

SOYBEANS  A  B  C 

Tonne  Fee  Remit  Total  Fee 


X  $4.00 

Make  cheque  or  money  order  payable  to  Farm  Income  Stabilization  Commission  of  Ontario. 


496  FARM  INCOME  STABILIZATION  Reg.  321 

THIS  FORM  MUST  BE  SIGNED  BY, 

1.  In  the  case  of  an  individual,  by  the  applicant; 

2.  In  the  case  of  a  partnership  or  multi-farm  operation,  by  all  partners  or  participants;  or 

3.  In  the  case  of  a  corporation,  by  the  proper  officers  under  corporate  seal. 

I  (we)  certify  the  information  supplied  herein  is  complete  and  correct  and  recognize  that  misrepresentation  of 
facts  or  failure  to  comply  with  the  conditions  of  the  program  may  warrant  exclusion  from  the  benefits  of  the 
program  and  that,  if  I  (we)  fail  to  pay  fees  at  the  times  required,  I  (we)  shall  be  deemed  to  have  withdrawn  from 
enrolment  in  the  plan  and  all  moneys  heretofore  paid  by  me  (us)  are  forfeited. 

Dated  this day  of 19 . . . 


(applicant) 


O.  Reg.  479/79,  Form  1. 
Form  2 

Farm  Income  Stabilization  Act 

SOYBEAN  STABILIZATION,  1979-1981 

ANNUAL  REGISTRATION  FORM 

You  are  obligated  under  your  agreement  with  the  Commission  to  file  an  annual  registration  form  and  submit 

any  required  fees  therewith  on  or  before ,  19 ... . 


(Name)  Quote  this  stabilization  number  on  any 

correspondence 


(Address) 

READ  DIRECTIONS  ON  REVERSE  SIDE 

Expected  Sales  Fee  per  Balance  Balance 

Crop  in  Tonnes  Tonne  Fee  in  Account  Due 


X  —  ip Ip »P 

X      =     $ -     $ =     $ 

"Total  Balance  Due        $ 

•'Return  this  copy  with  your  cheque  payable  to  the  Farm  Income  Stabilization  Fund  by  the  date  shown  above. 
Dated  the day  of ,  19 


(Applicant) 


O.  Reg.  479/79,  Form  2. 


Reg.  322 


FARM  INCOME  STABILIZATION 


497 


REGULATION  322 

under  the  Farm  Income  Stabilization  Act 


PLAN— WEANER  PIG  STABILIZATION, 

1980-1985 

1.  The  voluntary  plan  for  farm  income  stabilization 
respecting  weaner  pigs,  known  as  the  "Ontario 
Weaner  Pig  Stabilization  Plan,  1980-1985"  is  con- 
tinued.    O.  Reg.  585/80,  s.  1,  revised. 

2.  In  this  Regulation, 

(a)  "multi-farm  operation"  means  two  or  more 
farm  units  operated  by  two  or  more  different 
participants  as  a  joint  undertaking; 

(b)  "participant"  means,  with  respect  to  a  multi- 
farm  operation,  a  person  who, 

(i)  is  a  bona  fide  farmer, 

(11)  supports  a  farm  family  unit, 

(iii)  derives  his  principal  income  from 
farming,  and 

(iv)  shows  a  distinct  and  proportionate 
investment  management,  labour  and 
risk-taking  or  profit-sharing  in  the 
multi-farm  operation; 

(c)  "plan"  means  the  Ontario  Weaner  Pig  Stabili- 
zation Plan,  1980-1985; 

(d)  "production  period"  means  a  period, 

(i)  from  the  1st  day  of  April  in  one  year  to 
the  30th  day  of  September  in  the  same 
year,  or 

(ii)  from  the  1st  day  of  October  in  one  year 
to  the  31st  day  of  March  in  the  next 
year; 

(c)  "sow"  means  a  sow  that  is  part  of  a  producer's 
breeding  herd  and  that, 

(i)  is  pregnant  and  has  previously  pro- 
duced a  litter  of  pigs,  or 

(ii)  has  farrowed  within  three  months  of 
the  time  its  status  as  a  sow  for  the 
purposes  of  this  plan  is  at  issue; 

(/)  "weaner  pig"  means  the  offspring  of  a  sow 
that  has  been  raised  to  weaning  age  and  that  is 
still  in  the  possession  of  the  person  who  pos- 


sesses the  sow  up  to  the  time  the  weaner  pig  is 
marketed.     O.  Reg.  585/80,  s.  2. 

3.  A  person  who  applies  for  enrolment  in  this  plan  is 
required,  as  a  condition  of  acceptance  for  enrolment,  to 
be, 

(a)  the  owner  of  the  sows  that  produce  the  weaner 
pigs  in  respect  of  which  enrolment  is  applied 
for;  or 

(6)  a  participant  in  a  multi-farm  operation  that 
owns  the  sows  that  produce  the  weaner  pigs  in 
respect  of  which  enrolment  is  applied 
for.     O.  Reg.  585/80,  s.  3. 

4. — (1)  No  person  is  eligible  to  receive  payments 
under  the  plan  in  respect  of  a  production  period  in 
which  he  owned,  on  the  effective  enrolment  date  for 
that  production  period,  fewer  than  four  sows. 

(2)  A  person  may  continue  to  be  enrolled  in  the  plan 
whether  or  not  he  owns  fewer  than  four  sows  on  the 
effective  enrolment  date  for  any  production 
period.     O.  Reg.  585/80,  s.  4. 

5. — (1)  No  person  is  eligible  to  receive  payments 
under  the  plan  in  respect  of  a  production  period 
respecting  weaner  pigs  produced  by  any  sows  in  excess 
of  100  sows  owned  by  him  on  the  effective  enrolment 
date  for  that  production  period. 

(2)  No  person  who  is  a  participant  in  a  multi-farm 
operation  is  eligible  to  receive  payments  under  the  plan 
in  respect  of  a  production  period  respecting  weaner  pigs 
produced  by  sows  in  excess  of  300  sows  in  the  multi- 
farm  operation  on  the  effective  enrolment  date  for  that 
production  period.     O.  Reg.  585/80,  s.  5. 

6.  It  is  a  condition  of  enrolment  in  the  plan  that  to 
receive  any  payment  thereunder  the  person  enrolled 
shall  comply  with  the  following  conditions: 

1.  In  every  production  period  the  person  enrol- 
led shall  file  with  the  Commission  a  record  of 
the  number  of  sows  owned  by  him  as  of  the 
effective  enrolment  date  determined  by  the 
Commission. 

2.  The  person  enrolled  shall  provide  to  the 
Commission  an  executed  direction  to  The 
Ontario  Pork  Producers'  Marketing  Board 
irrevocable  until  the  30th  day  of  September, 
1985,  authorizing  that  Board  toideduct  from 
moneys  owing  to  such  person  any  fees  payable 
to  the  Commission  and  to  remit  such  fees  to 
the  Commission. 


498 


FARM  INCOME  STABILIZATION 


Reg.  322 


3.  The  person  enrolled  shall  enter  into  a  contract 
with  the  Commission  in  which  the  person 
enrolled  agrees  to  pay  to  the  Commission 
interest,  at  such  rate  as  the  Commission 
determines,  on  any  fees  owing  to  the  Commis- 
sion and  not  paid  up  to  the  date  of  payment 
thereof. 

4.  The  person  enrolled  shall  maintain  a  record  of 
all  purchases  and  sales  by  him  of  sows  and  a 
record  of  all  sows  that  are  owned  by  him  and 
have  ceased  to  be  used  for  breeding  purposes. 
O.  Reg.  585/80,  s.  6. 

7. — ( 1)  An  application  for  enrolment  in  the  plan  shall 
be  in  Form  1. 

(2)  The  first  production  period  under  this  plan  shall 
be  the  production  period  commencing  on  the  1st  day  of 
April,  1980  and  ending  on  the  30th  day  of  September, 
1980. 

(3)  Subject  to  subsection  (4),  no  person  shall  be 
enrolled  in  the  plan  unless  his  application  for  enrol- 
ment was  submitted  to  the  Commission  not  later  than 
the  1st  day  of  Septmber,  1980. 

(4)  Notwithstanding  subsection  (2),  a  person  may 
apply  for  enrolment  in  the  plan  for  the  production 
period  commencing  on  the  1st  day  of  October,  1980  or 
for  any  subsequent  production  period  where  he  pays  the 
prescribed  fees  to  the  Commission  with  his  applica- 
tion.    O.  Reg.  585/80,  s.  7. 

8.  Each  person  enrolled  in  the  plan  shall,  in  each 
production  period,  file  with  the  Commission  a  record 
showing  the  number  of  sows  owned  by  him  on  the  date 
determined  by  the  Commission  as  the  effective  enrol- 
ment date  for  that  production  period.  O.  Reg.  585/80, 
s.  8. 

9.  Every  enrolment  shall  be  for  a  term  ending  on  the 
31st  day  of  March,  1985.     O.  Reg.  585/80,  s.  9. 

10. — (1)  Subject  to  subsection  (2),  each  person 
enrolled  or  applying  for  enrolment  in  the  plan  shall  pay 
to  the  Commission  such  fees  as  are  prescribed  in  con- 
nection therewith, 

(a)  in  the  case  of  the  production  period  ending  on 
the  30th  day  of  September,  1 980,  within  thirty 
days  of  the  coming  into  force  of  this  Regula- 
tion; and 

(b)  in  the  case  of  every  production  period  com- 
mencing after  the  production  period  referred 
to  in  clause  (a),  prior  to  the  commencement 
of  such  production  period. 

(2)  The  commission  may,  in  respect  of  any  pro- 
duction period,  permit  fees  for  that  production  period  to 
be  deferred  in  whole  or  in  part  for  such  period  of  time 
and  on  such  terms  as  to  payment  of  interest  as  the 
Commission  determines. 


(3)  Where  a  person  who  has  been  enrolled  in  the  plan 
has,  at  the  end  of  the  term  referred  to  in  section  9, 
moneys  standing  to  the  credit  of  his  account  on  the 
books  of  the  Commission,  the  Commission  shall  refund 
such  moneys  to  that  person  together  with  any  interest 
earned  thereon.     O.  Reg.  585/80,  s.  10. 

1 1.  For  the  purposes  of  the  plan,  in  each  production 
period,  the  number  of  weaner  pigs  owned  or  marketed 
shall  be  calculated  on  the  basis  of  9.6  weaner  pigs  for 
each  sow.     O.  Reg.  585/80,  s.  11. 

Form  1 

Farm  Income  Stabilization  Act 

WEANER  PIG  STABILIZATION,  1980-1985 

APPLICATION  FOR  ENROLMENT 

WEANER  PIGS 

Ont.  Stab.  Number 


Name  of  Applicant 

Family  or 
Surname 


Given 
Names 


Social 
Ins.  No. 


If  Partnership  or  Corporation,  Give  Name 


2. 


List  Names  of  Partners  or  Officers 

Social  Ins.  No. 
3 


4. 


Mailing 


Address Postal  Code 


As  a  condition  of  acceptance  of  this  application  for 
participation  in  the  Ontario  Weaner  Pig  Stabilization 
Plan,  1980-1985,  the  applicant  agrees  to  the  following 
conditions: 

1.  The  applicant  will  participate  for  the  full  term  of 
the  plan,  conform  to  all  provisions  thereof, 
including  any  amendments  that  may  be  made  from 
time  to  time,  and  pay  all  fees  in  accordance  with 
the  plan. 

2.  Any  records  submitted  by  the  applicant  to  the 
Commission  shall  be  complete  and  accurate. 


Reg.  322 


FARM  INCOME  STABILIZATION 


499 


The  applicant  will  provide  to  the  Commission 
upon  request,  any  documents,  books  or  records  or 
other  information  required  to  verify  that  the  appli- 
canfis  conforming  to  the  provisions  of  the  plan  and 
will  permit  the  Commission,  its  servants  or  agents 
to  enter  and  inspect  any  sows  or  weaner  pigs  that 
he  owns. 


Farm  Location 

Farmland     County,  District  or  Regional  Municipality 

Home  Farm 

Township  Lot  Con.  Area  Code  Tel.  No. 

This  Form  Must  be  Signed  by, 

1.  In  the  case  of  an  individual,  by  the  applicant. 

2.  In  the  case  of  a  partnership  or  multi-farm  opera- 
tion, by  all  partners  or  participants. 

3.  In  the  case  of  a  corporation,  by  the  proper  officers 
under  corporate  seal. 

I  (We)  Certify  the  information  supplied  herein  is 
complete  and  correct  and  recognize  that  misrepresen- 
tation of  facts  or  failure  to  comply  with  the  conditions  of 


the  program  may  warrant  exclusion  from  the  benefits  of 
the  program  and  that,  if  I  (we)  fail  to  pay  fees  at  the 
times  required,  I  (we)  shall  be  deemed  to  have  with- 
drawn from  enrolment  in  the  plan  and  all  moneys 
heretofore  paid  by  me  (us)  may  be  forfeited. 

In  consideration  of  acceptance  of  this  application,  I 

(we)  agree  that,  where  the  Commission  permits  deferral 
of  payment  of  the  whole  or  any  part  of  fees  owing  under 
the  plan,  I  (we)  agree  to  pay  to  the  Commission  such  fees 
at  such  time  as  the  Commission  determines  together 
with  such  interest  thereon  as  the  Commission  deter- 


In  consideration  of  acceptance  of  this  application,  I 
(we)  hereby  direct  and  authorize  The  Ontario  Pork 
Producers'  Marketing  Board  to  pay  to  The  Farm 
Income  Stabilization  Commission  of  Ontario,  out  of 
any  moneys  now  or  hereafter  owing  by  that  Board  to  me 
(us),  any  fees  or  interest  now  or  hereafter  owing  by  me  to 
the  Commission  and  this  direction  and  authorization  is 
irrevocable  until  the  30th  day  of  September,  1985. 


Dated  this day  of 


19. 


(applicant) 


O.  Reg.  585/80,  Form  1. 


Reg.  323 


FARM  INCOME  STABILIZATION 


501 


REGULATION  323 


under  the  Farm  Income  Stabilization  Act 


PLAN— WHITE  BEAN  STABILIZATION, 

1979-1981 

1.  The  voluntary  plan  for  farm  income  stabilization 
respecting  white  beans,  known  as  the  "Ontario  White 
Bean  Stabilization  Plan,  1979-1981"  is  continued. 
O.  Reg.  481/79,  s.  1. 

2.  In  this  Regulation, 

(a)  "crop  year"  means  a  period  from  the  1st  day  of 
September  in  one  year  to  the  31st  day  of 
August  in  the  next  year; 

(b)  "multi-farm  operation"  means  two  or  more 
farm  units  operated  by  two  or  more  different 
participants  as  a  joint  undertaking; 

(c)  "participant"  means,  with  respect  to  a  multi- 
farm  operation,  a  person  who, 

(i)  is  a  bona  fide  farmer, 

(ii)  supports  a  farm  family  unit, 

(iii)  derives  his  principal  income  from 
farming,  and 

(iv)  shows  a  distinct  and  proportionate 
investment,  management,  labour  and 
risk-taking  or  profit-sharing  in  the 
multi-farm  operation; 

(d)  "plan"  means  the  Ontario  White  Bean  Stabili- 
zation Plan,  1979-1981; 

(e)  "white  beans"  means  white  beans  produced  in 
Ontario  and  marketed  for  any  purpose  other 
than  as  seed  during  the  term  referred  to  in 
section  9.     O.  Reg.  481/79,  s.  2. 

3.  A  person  who  applies  for  enrolment  in  the  plan  is 
required,  as  a  condition  of  acceptance  for  enrolment,  to 
be, 

(a)  the  owner  and  operator  of  a  farm  on  which  he 
produces  white  beans; 

(b)  the  tenant  and  operator  of  a  farm  on  which  he 
produces  white  beans;  or 

(c)  a  participant  in  a  multi-farm  operation. 
O.  Reg.  481/79,  s.  3. 

4. — (1)  No  person  is  eligible  to  receive  payments 
under  the  plan  in  respect  of  a  crop  year  in  which  he  has 
marketed  less  than  three  tonnes  of  white  bezms. 


(2)  A  person  may  continue  to  be  enrolled  in  the  plan 
whether  or  not  his  annual  registration  form  filed  under 
section  8  discloses  that  he  intends  to  market  less  than 
three  tonnes  of  white  beans  in  the  year  to  which  the 
annual  registration  form  applies.     O.  Reg.  481/79,  s.  4. 

5. — (1)  No  person  is  eligible  to  receive  payments 
under  the  plan  for  white  beans  marketed  by  him  in 
excess  of  160  tonnes  in  any  crop  year  within  the  period 
referred  to  in  section  9. 

(2)  No  person  who  is  a  participjmt  in  a  multi-farm 
operation  is  eligible  to  receive  payments  under  the  plan 
for  white  beans  marketed  from  the  multi-farm  opera- 
tion where  such  marketing  results  in  total  marketing 
from  the  multi-farm  operation  exceeding  480  tonnes  in 
any  crop  year  within  the  period  referred  to  in  section  9. 
O.  Reg.  481/79,  s.  5. 

6.  It  is  a  condition  of  enrolment  in  the  plan  that  to 
receive  any  payment  thereunder  the  person  enrolled 
shall  comply  with  the  following  conditions: 

1.  Sales  slips  and  weigh  slips,  signed  by  the 
buyer  and  seller,  shall  be  maintained  by  the 
enrolled  person  and  submitted  to  the  Com- 
mission, or  to  such  person  as  it  may  direct,  in 
respect  of  every  lot  of  white  beans  for  which 
payment  is  claimed  under  the  plan. 

2 .  The  enrolled  person  shall  not  claim  payment 
for  white  beans  under  the  plan  unless  it  was 
marketed  by  him  during  the  crop  year  with 
respect  to  which  he  has  applied  for  payment 
and  was  not  marketed  as  seed. 

3.  The  enrolled  person  shall  maintain  a  record  of 
all  sales  of  white  beans  by  him  and  the  record 
of  sales  of  white  beans  shall  include  the  name 
of  the  buyer  and  seller,  the  date  of  the  sale,  the 
date  and  location  of  delivery,  the  quantity,  the 
moisture  content  and  price. 

4.  Where  the  moisture  content  of  any  white 
beans  marketed  by  the  enrolled  person 
exceeds  18  per  cent,  the  weight  of  the  white 
beans  marketed  shall  be  adjusted  to  a  weight 
that  is  equivalent  to  the  same  quantity  of 
white  beans  having  a  moisture  content  of  18 
per  cent. 

5 .  Where  any  lot  of  white  beans  contains  a  total 
of  more  than  2  per  cent  damaged  beans  or 
foreign  material,  the  weight  of  the  white 
beans  shall  be  eidjusted  to  a  weight  that  is 
equivalent  to  the  same  quantity  of  white 
beans  having  a  total  of  2  per  cent  damaged 
beans  or  foreign  material.  O.  Reg.  481/79, 
s.  6. 


502 


FARM  INCOME  STABILIZATION 


Reg.  323 


7. — ( 1)  An  application  for  enrolment  in  the  plan  shall 
be  in  Form  1. 

(2)  Subject  to  subsection  (3),  no  person  shall  be 
enrolled  in  the  plan  unless  his  application  for  enrol- 
ment was  submitted  to  the  Commission  not  later  than 
the  1st  day  of  September,  1979. 

(3)  Notwithstanding  subsection  (2),  a  person  may 
apply  for  enrolment  in  the  plan  for  the  crop  year  com- 
mencing on  the  1st  day  of  September,  1980  or  for  the 
crop  year  commencing  on  the  1st  day  of  September, 
1981,  where, 

(a)  he  has  not,  for  any  crop  year  during  the  term 
referred  to  in  section  9,  prior  to  such  date, 
marketed  three  tonnes  or  more  of  white  beans 
and  he  pays  the  prescribed  fee  to  the  Commis- 
sion with  his  application;  or 

(b)  he  has,  for  any  crop  year  during  the  term 
referred  to  in  section  9,  prior  to  such  date, 
marketed  three  tonnes  or  more  of  white  beans 
and  he  pays  the  prescribed  fees  to  the  Com- 
mission together  with  an  amount  sufficient  to 
place  his  account  on  a  basis  equivalent  to 
those  producers  who  enrolled  for  the  crop  year 
commencing  on  the  1st  day  of  September, 
1979.     O.  Reg.  481/79,  s.  7. 

8.  Each  person  enrolled  in  the  plan  shall,  prior  to  the 
1st  day  of  September  in  each  crop  year  during  the^term 
referred  to  in  section  9,  after  the  year  in  which  he 
applied  for  enrolment,  file  with  the  Commission  an 
annual  registration  form  in  Form  2  respecting  the  white 
beans  that  he  intends  to  market  subject  to  this  plan 
during  the  forthcoming  crop  year.  O.  Reg.  481/79, 
s.  8. 

9.  Every  enrolment  shall  be  for  a  term  commencing 
on  the  1st  day  of  September,  1979  and  ending  with  the 
31st  day  of  August,  1982.     O.  Reg.  481/79,  s.  9. 


10. — (1)  Each  person  enrolled  or  applying  for 
enrolment  in  the  plan,  at  the  time  of  filing  each  annual 
registration  form  required  under  the  plan,  shall  pay  to 
the  Commission  such  fees  as  are  prescribed  in  coinnec- 
tion  therewith. 

(2)  Each  person  enrolled  or  applying  for  enrolment  in 
the  plan,  at  the  time  of  filing  the  annual  registration 
form  required  in  1979,  shall  pay  a  fee  of  $5.55  a  tonne  of 
white  beans  shown  on  the  annual  registration  form  as 
white  beans  that  the  person  intends  to  market  subject  to 
the  plan  during  the  forthcoming  crop  year  and  for 
which  he  is  eligible  to  receive  payments  under  the  plan. 
O.  Reg.  481/79,  s.  10(1,  2). 

(3)  Each  person  who  was  enrolled  in  the  plan  in 
1979  and  has  paid  the  fees  therefor  shall  pay  a  fee  of 
$5.95  a  tonne  of  white  beans  for  each  tonne  of  white 
beans  shown  on  the  annual  registration  form  for  1980  in 
excess  of  the  number  of  tonnes  of  white  beans  shown  on 
the  annual  registration  form  for  1979  as  white  beans 
that  the  person  intends  to  market  subject  to  the  plan 
during  the  forthcoming  crop  year  and  for  which  he  is 
eligible  to  receive  payments  under  the  plan. 

(4)  Each  person  who  was  not  enrolled  in  the  plan  in 
1979  and  who  applies  for  enrolment  in  1980,  shall,  at 
the  time  of  filing  the  annual  registration  form  required 
in  1 980,  pay  a  fee  of  $5 .  95  a  tonne  of  white  beans  shown 
on  the  annual  registration  form  as  white  beans  that  the 
person  intends  to  market  subject  to  the  plan  during  the 
forthcoming  crop  year  and  for  which  he  is  eligible  to 
receive  payments  under  the  plan.  O.  Reg.  863/80, 
s.  1. 

(5)  Where  a  producer,  at  the  end  of  the  lerm  referred 
to  in  section  9,  has  moneys  standing  to  the  credit  of  his 
account  on  the  books  of  the  Commission,  the  Commis- 
sion shall  refund  such  moneys  to  the  producer  together 
with  any  interest  earned  thereon.  O.  Reg.  481/79, 
s.  10  (3). 


Reg.  323  FARM  INCOME  STABILIZATION  503 

Form  1 
Farm  Income  Stabilization  Act 
WHITE  BEAN  STABILIZATION,  1979-1981 
APPUCATION  FOR  ENROLMENT  AND  ANNUAL  REGISTRATION  FORM 

WHITE  BEANS 

ONT.     STAB.     NUMBER 


NAME  OF  APPLICANT 

Family  or  Surname                                          Given     Names                                          Social  Ins.  No. 
1 

If  Partnership  or  Corporation,  Give  Name 
2 

List  Names  of  Partners  or  Officers  Social  Ins.  No. 

3 

4 

5 

Mailing 

Address  Postal  Code 

As  a  condition  of  acceptance  of  this  application  for  participation  in  the  Ontario  White  Bean  Stabilization  Plan, 
1979-1981,  the  applicant  agrees  to  the  following  terms  and  conditions: 

1.  The  applicant  will  participate  for  the  full  term  of  the  plan,  conform  to  all  provisions  thereof  including  any 
amendments  that  may  be  made  from  time  to  time  and  pay  all  fees  in  accordance  with  the  plan. 

2.  The  applicant  will  accurately  complete  and  submit  to  the  Farm  Income  Stabilization  Commission  all 
information  and  annual  registration  forms  that  may  from  time  to  time  be  required  by  the  Commission,  by 
the  date  required  in  the  Plan. 

3.  The  applicant  will  provide  to  the  Commission  upon  request,  any  documents,  books  or  records  or  other 
information  required  for  verification  of  any  information  supplied  in  any  annual  registration  form. 

FARM  LOCATION 

Farmland  County,  District  or  Regional  Municipality 


Home  Farm 


Township  Lot  Con.  Area  Code  Telephone  No. 


CROP  YIELD  REGISTRATION  AND  FEE  CALCULATION 

WHITE  BEANS  A  B  C 

Tonne  Fee  Remit  Total  Fee 

X  $5.55 


504 FARM  INCOME"  STABILIZATION Reg.  323 

Make  cheque  or  money  order  payable  to  Farm  Income  Stabilization  Commission  of  Ontario. 

THIS  FORM  MUST  BE  SIGNED  BY, 

1.  In  the  case  of  an  individual,  by  the  applicant; 

2.  In  the  case  of  a  partnership  or  multi-farm  operation,  by  all  partners  or  participants;  or 

3.  In  the  case  of  a  corporation,  by  the  proper  officers  under  corporate  seal. 

I  (we)  certify  the  information  supplied  herein  is  complete  and  correct  and  recognize  that  misrepresentation  of 
facts  or  failure  to  comply  with  the  conditions  of  the  program  may  warrant  exclusion  from  the  benefits  of  the 
program  and  that,  if  I  (we)  fail  to  pay  fees  at  the  times  required,  I  (we)  shall  be  deemed  to  have  withdrawn  from 
enrolment  in  the  plan  and  all  moneys  heretofore  paid  by  me  (us)  are  forfeited. 

Dated  this day  of ,  19... 

(applicant) 


O.  Reg.  481/79,  Form  1. 
Form  2 

Farm  Income  Stabilization  Act 
WHITE  BEAN  STABILIZATION,  1979-1981 

ANNUAL  REGISTRATION  FORM 

You  are  obligated  under  your  agreement  with  the  Commission  to  file  an  annual  registration  form  and  submit 

any  required  fees  therewith  on  or  before ,  19 ...  . 


(Name)  Quote  this  stabilization  number  on  any 

correspondence 


(Address) 

READ  DIRECTIONS  ON  REVERSE  SIDE 

Expected  Sales  Fee  per  Balance  Balance 

Crop  in  Tonnes  Tonne  Fee  in  Account  Due 


X      =     $ -    $ =     $ 

X      =     $ -     $ =     $ 

'Total  Balance  Due         $ 

"Return  this  copy  with  your  cheque  payable  to  the  Farm  Income  Stabilization  Fund  by  the  date  shown  above. 

Dated  the day  of 19 


(Applicant) 


O.  Reg.  481/79,  Form  2. 


Reg.  324 


FARM  INCOME  STABILIZATION 


505 


REGULATION  324 


under  the  Farm  Income  Stabilization  Act 


PLAN— WINTER  WHEAT  STABILIZATION, 

1979-1981 

1.  The  voluntan  plan  for  farm  income  stabilization 
respecting  winter  wheat,  known  as  the  "Ontario 
Winter  Wheat  Stabilization  Plan,  1979-1981"  is  con- 
tinued.    O.  Reg.  331/79,  s.  1,  revised. 

2.  In  this  Regulation, 

(a)  "crop  year"  means  a  period  from  the  1st  day  of 
July  in  one  year  to  the  30th  day  of  June  in  the 
next  year; 

(b)  "multi-farm  operation"  means  two  or  more 
farm  units  operated  by  two  or  more  different 
participants  as  a  joint  undertaking; 

(c)  "participant"  means,  with  respect  to  a  multi- 
farm  operation,  a  person  who, 

(i)  is  a.  bona  fide  farmer, 

(ii)  supports  a  farm  family  unit, 

(iii)  derives  his  principal  income  from 
farming,  and 

(iv)  shows  a  distinct  and  proportionate 
investment,  management,  labour  and 
risk-taking  or  profit-sharing  in  the 
multi-farm  operation; 

(d)  "plan"  means  the  Ontario  Winter  Wheat 
Stabilization  Plan,  1979-1981; 

(e)  "winter  wheat"  means  winter  wheat  produced 
in  Ontario  and  marketed  during  the  term 
referred  to  in  section  9.  O.  Reg.  331/79,  s.  2. 

3.  A  person  who  applies  for  enrolment  in  the  plan  is 
required,  as  a  condition  of  acceptance  for  enrolment,  to 
be, 

(a)  the  owner  and  operator  of  a  farm  on  which  he 
produces  winter  wheat; 

ib)  the  tenant  and  operator  of  a  farm  on  which  he 
produces  winter  wheat;  or 

(c)  a  participant  in  a  multi-farm  operation. 
O.  Reg.  331/79,  s.  3. 

4. — (1)  No  person  is  eligible  to  receive  payments 
under  the  plan  in  respect  of  a  crop  year  in  which  he  has 
marketed  less  than  five  tonnes  of  winter  wheat. 


(2)  A  person  may  continue  to  be  enrolled  in  the  plan 
whether  or  not  his  annual  registration  form  filed  under 
section  8  discloses  that  he  intends  to  market  less  than 
five  tonnes  of  winter  wheat  in  the  year  to  which  the 
annual  registration  form  applies.     O.  Reg.  33 1/79,  s.  4. 

5. — (1)  No  person  is  eligible  to  receive  payments 
under  the  plan  for  winter  wheat  marketed  by  him  in 
excess  of  160  tonnes  in  any  crop  year  within  the  period 
referred  to  in  section  9. 

(2)  No  person  who  is  a  participant  in  a  multi-farm 
operation  is  eligible  to  receive  payments  under  the  plan 
for  winter  wheat  marketed  from  the  multi-farm  opera- 
tion where  such  marketing  results  in  total  marketing 
from  the  multi-farm  operation  exceeding  480  tonnes  in 
any  crop  year  within  the  period  referred  to  in  section  9. 

(3)  No  person  is  eligible  to  receive  payments  under 
the  plan  in  respect  of  winter  wheat  that  has  not  been 
marketed  through  the  Ontario  Wheat  Producers'  Mar- 
keting Board.     O.  Reg.  331/79,  s.  5. 

6.  It  is  a  condition  of  enrolment  in  the  plan  that  to 
receive  any  payment  thereunder  the  person  enrolled 
shall  comply  with  the  following  conditions: 

1.  The  enrolled  person  shall  keep  sales  slips  and 
weigh  slips,  signed  by  the  buyer  and  seller  and 
conforming  to  the  records  of  the  Ontario 
Wheat  Producers'  Marketing  Board  and  shall 
submit  such  slips,  or  an  equivalent  record 
supplied  by  that  board,  to  the  Commission  or 
to  such  person  as  it  may  direct,  in  respect  of 
every  lot  of  winter  wheat  for  which  payment  is 
claimed  under  the  plan. 

2.  The  enrolled  person  shall  not  claim  payment 
for  winter  wheat  under  the  plan  unless  it  was 
marketed  by  him  during  the  crop  year  with 
respect  to  which  he  has  applied  for  payment. 

3 .  The  enrolled  person  shall  maintain  a  record  of 
all  sales  of  winter  wheat  by  him  and  the  record 
of  sales  of  winter  wheat  shall  include  the  name 
of  the  buying  agent  and  seller,  the  date  of  sale, 
the  date  and  location  of  delivery,  the  quantity, 
the  moisture  content  and  price. 

4.  Where  the  moisture  content  of  any  winter 
wheat  marketed  by  the  enrolled  person 
exceeds  14  per  cent,  the  weight  of  the  winter 
wheat  marketed  shall  be  adjusted  to  a  weight 
that  is  equivalent  to  the  same  quantity  of 
winter  wheat  having  a  moisture  content  of  14 
per  cent.     O.  Reg.  331/79,  s.  6. 


506 


FARM  INCOME  STABILIZATION 


Reg.  324 


7. — ( 1)  An  application  for  enrolment  in  the  plan  shall 
be  in  Form  1. 

(2)  Subject  to  subsection  (3),  no  person  shall  be 
enrolled  in  the  plan  unless  his  application  for  enrol- 
ment was  submitted  to  the  Commission  not  later  than 
the  1st  day  of  July,  1979. 

(3)  Notwithstanding  subsection  (2),  a  person  may 
apply  for  enrolment  in  the  plan  for  the  crop  year  com- 
mencing on  the  1st  day  of  July,  1980  or  for  the  crop  year 
commencing  on  the  1st  day  of  July,  1981,  where, 

(a)  he  has  not,  for  any  crop  year  during  the  term 
referred  to  in  section  9,  prior  to  such  date, 
marketed  five  tonnes  or  more  of  winter  wheat 
and  he  pays  the  prescribed  fee  to  the  Commis- 
sion with  his  application;  or 

(b)  he  has,  for  any  crop  year  during  the  term 
referred  to  in  section  9,  prior  to  such  date, 
marketed  five  tonnes  or  more  of  winter  wheat 
and  he  pays  the  prescribed  fees  to  the  Com- 
mission together  with  an  amount  sufficient  to 
place  his  account  on  a  basis  equivalent  to 
those  producers  who  enrolled  for  the  crop  year 
commencing  on  the  1st  day  of  July,  1979. 
O.  Reg.  331/79,  s.  7. 

8.  Each  person  enrolled  in  the  plan  shall,  prior  to  the 
1st  day  of  July  in  each  crop  year  during  the  term  refer- 
red to  in  section  9,  after  the  year  in  which  he  applied  for 
enrolment,  file  with  the  Commission  an  annual  regist- 
ration form  in  Form  2  respecting  the  winter  wheat  that 
he  intends  to  market  subject  to  this  plan  during  the 
forthcoming  crop  year.     O.  Reg.  331/79,  s.  8. 

9.  Every  enrolment  shall  be  for  a  term  commencing 
on  the  1st  day  of  July,  1979  and  ending  with  the  30th 
day  of  June,  1982.     O.  Reg.  331/79,  s.  9. 


10. — (1)  Each  person  enrolled  or  applying  for 
enrolment  in  the  plan,  at  the  time  of  filing  each  annual 
registration  form  required  under  the  plan,  shall  pay  to 
the  Commission  such  fees  as  are  prescribed  in  connec- 
tion therewith. 

(2)  Each  person  enrolled  or  applying  for  enrolment  in 
the  plan,  at  the  time  of  filing  the  annual  registration 
form  required  in  1979,  shall  pay  a  fee  of  $2.  IS  a  tonne  of 
winter  wheat  shown  on  the  annual  registration  form  as 
winter  wheat  that  the  person  intends  to  market  subject 
to  the  plan  during  the  forthcoming  crop  year  and  for 
which  he  is  eligible  to  receive  payments  under  the  plan. 
O.  Reg.  331/79,  s.  10(1,  2). 

(3)  Each  person  who  was  enrolled  in  the  plan  in 
1979  and  has  paid  the  fees  therefor  shall  pay  a.  fee  of 
$2.15  a  tonne  of  winter  wheat  for  each  tonne  of  winter 
wheat  shown  on  the  annual  registration  form  for  1980  in 
excess  of  the  number  of  tonnes  of  winter  wheat  shown 
on  the  annual  registration  form  for  1979  as  winter 
wheat  that  the  person  intends  to  market  subject  to  the 
plan  during  the  forthcoming  crop  year  and  for  which  he 
is  eligible  to  receive  payments  under  the  plan. 

(4)  Each  person  who  was  not  enrolled  in  the  plan  in 
1979  and  who  applies  for  enrolment  in  1980,  shall,  at 
the  time  of  filing  the  annual  registration  form  required 
in  1980,  pay  a  fee  of  $2.15  a  tonne  of  winter  wheat 
shown  on  the  annual  registration  form  as  winter  wheat 
that  the  person  intends  to  market  subject  to  the  plan 
during  the  forthcoming  crop  year  and  for  which  he  is 
eligible  to  receive  payments  under  the  plan.  O.  Reg. 
860/80,  s.  1. 

(5)  Where  a  producer,  at  the  end  of  the  term  referred 
to  in  section  9,  has  moneys  standing  to  the  credit  of  his 
account  on  the  books  of  the  Commission,  the  Commis> 
sion  shall  refund  such  moneys  to  the  producer  together 
with  any  interest  earned  thereon.  O.  Reg.  331/79, 
s.  10(3). 


Reg.  324 


FARM  INCOME  STABILIZATION 


507 


Form  1 

Farm  Income  Stabilization  Act 

WINTER  WHEAT  STABILIZATION,  1979-1981 

APPLICATION  FOR  ENROLMENT  AND  ANNUAL  REGISTRATION  FORM 

WINTER  WHEAT 
WHEAT  REG.  NUMBER  ONT.  STAB.  NUMBER 


NAME  OF  APPLICANT 

Family  or  Surname 


1. 


Given  Names 


Social  Ins.  No. 


If  Partnership  or  Corporation,     Give  Name 


List  Names  of  Partners  or  Officers 


Social  Ins.  No. 


Mailing 

Address Postal  Code 


As  a  condition  of  acceptance  of  this  application  for  participation  in  the  Ontario  Winter  Wheat  Stabiliza- 
tion Plan,  1979-1981,  the  applicant  agrees  to  the  following  terms  and  conditions: 

1 .  The  applicant  will  participate  for  the  full  term  of  the  plan,  conform  to  all  provisions  thereof  including 
any  amendments  that  may  be  made  from  time  to  time  and  pay  all  fees  in  accordance  with  the  plan. 

2 .  The  applicant  will  accurately  complete  and  submit  to  the  Farm  Income  Stabilization  Commission  all 
information  and  annual  registration  forms  that  may  from  time  to  time  be  required  by  the  Commis- 
sion, by  the  date  required  in  the  plan. 

3.  The  applicant  will  provide  to  the  Commission  upon  request,  any  documents,  books  or  records  or 
other  information  required  for  verification  of  any  information  supplied  in  any  annual  registration 
form. 


FARM  LOCATION 

Farmland 

Home  Farm 


County,     District    or     Regional      Municipality 


Township 


Lot 


Con. 


Area  Code 


Telephone  No. 


WINTER  WHEAT 


CROP  YIELD  REGISTRATION  AND  FEE  CALCULATION 


A 
Tonne 

B 

Fee 

X 

$2.15 

Remit  Total  Fee 


508  FARM  INCOME  STABILIZATION  Reg.  324 

Make  cheque  or  money  order  payable  to  Farm  Income  Stabilization  Commission  of  Ontario. 

THIS  FORM  MUST  BE  SIGNED  BY, 

1.  In  the  case  of  an  individual,  by  the  applicant; 

2.  In  the  case  of  a  partnership  or  multi-farm  operation,  by  all  partners  or  participants;  or 

3.  In  the  case  of  a  corporation,  by  the  proper  officers  under  corporate  seal. 

I  (we)  certify  the  information  supplied  herein  is  complete  and  correct  and  recognize  that  misrepresentation  of 
facts  or  failure  to  comply  with  the  conditions  of  the  program  may  warrant  exclusion  from  the  benefits  of  the 
program  and  that,  if  I  (we)  fail  to  pay  fees  at  the  times  required,  I  (we)  shall  be  deemed  to  have  withdrawn  from 
enrolment  in  the  plan  and  all  moneys  heretofore  paid  by  me  (us)  are  forfeited. 

Dated  this day  of ,  19 


(applicant) 


O.  Reg.  331/79,  Form  1. 

Form  2 

Farm  Income  Stabilization  Act 
WINTER  WHEAT  STABILIZATION,  1979-1981 
ANNUAL  REGISTRATION  FORM 
You  are  obligated  under  your  agreement  with  the  Commission  to  file  an  annOal  registration  form  and  submit  any 
required  fees  therewith  on  or  before ,  19 ... . 


(Name)  Quote  this  stabilization  number  on 

any  correspondence. 


(Address) 

READ  DIRECTIONS  ON  REVERSE  SIDE 

Expected  Sales  Fee  per  Balance  Balance 

Crop  in  Tonnes  Tonne  Fee  in  Account  Due 

X     ^^$ ip V 


X     —   $ Ip —   Ip 

*Total  Balance  Due  S 

*  Return  this  copy  with  your  cheque  payable  to  the  Farm  Income  Stabilization  Fund  by  the  date  shown  above. 

Dated  the  day  of 19 

(Applicant) 


O.  Reg.  331/79,  Form  2. 


Reg.  325 


FARM  PRODUCTS  CONTAINERS 


509 


REGULATION  325 


under  the  Farm  Products  Containers  Act 


FRUIT  AND  VEGETABLES 

1.  In  this  Regulation  "association"  means  The 
Ontario  Fruit  and  Vegetable  Growers'  Association. 
R.R.O.  1970,  Reg.  288.  s.  1. 


LICENCES 

2.  Everv'  producer  who  purchases  containers  for  use 
or  suitable  for  use  in  the  marketing  of  fruit  or  vege- 
tables shall  be  deemed  to  be  the  holder  of  a  licence 
therefor  in  Form  1.     R.R.O.  1970,  Reg.  288,  s.  2. 

3. — (1)  Every  producer  shall  pay  to  the  associa- 
tion licence  fees  of  1  f)er  cent  of  the  net  invoice 
price  of  the  manufacturer  for  all  containers  pur- 
chased. 

(2)  A  manufacturer  who  sells  containers  either 
directly  or  indirectly  to  a  producer  shall  collect  the 
licence  fees  from  the  producer  and  shall  pay  them  to 
the  association.     R.R.O.  1970,  Reg.  288,  s.  3  (1,  2). 

(3)  A  manufacturer  shall  transmit  the  licence 
fees  collected  to  the  secretary  of  the  association 
within  three  months  of  collection.  O.  Reg.  502/72, 
s.  1. 

(4)  The  association  shall  not  use  any  money  re- 
ceived as  licence  fees  for  the  retail  or  wholesale 
distribution  or  processing  of  fruit  or  vegetables. 
R.R.O.  1970,  Reg.  288,  s.  3  (4). 


EXEMPTIONS 

4.  A  producer  engaged  in  the  processing  or  canning 
of  fruit  CM-  vegetables  is  exempt  from  the  provi- 
sions of  this  Regulation.     R.R.O.  1970,  Reg.  288, 

S.4. 

5.  This  Regulation  does  not  apply  to, 

(a)  liners    and    pads    used    in    the    packaging 
of  fruit  or  vegetables  in  hampers ; 

(b)  collars  and  cups  used  in   the  packaging 
of  fruit  in  baskets ; 


(c)  basket  hooks ; 

(d)  plant  boxes ; 

(e)  plant  cubes ; 

(/)  field  boxes  and  crates ; 

(g)  hampers     of     five-eighths     of    a     bushel 
capacity ; 

(h)  pallet  boxes; 

(i)  bulk  bins;  and 

(j)  unprinted  plastic  overwrap  used  within  a 
retail  store  organization. 

R.R.O.  1970,  Reg.  288,  s.  5;    O.  Reg.  502/72,  s.  2. 

Form  1 

Farm  Products  Containers  Act 

LICENCE  TO  PRODUCER  OF  FRUIT  OR 
VEGETABLES 

Under  the  Farm  Products  Containers  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued  to 


(address) 

as  a  producer  of  fruit  or  vegetables  to  purchase  con- 
tainers therefor. 

Dated  at  Toronto,  this day  of 19. . . 

The  Ontario  Fruit  and  Vegetable 
Growers'  Association: 


President 


Secretary 
R.R.O.  1970,  Reg.  288,  Form  1. 


Reg.  326 


FARM  PRODUCTS  GRADES  AND  SALES 


511 


REGULATION  326 

under  the  Farm  Products  Grades  and  Sales  Act 


BURLEY  TOBACCO 
1.  In  this  Regulation, 

(a)  "colour"  means  the  colour  of  leaves  and 
includes  the  following  colour  classes: 

i.  Bright  blonde. 

ii.  Buff. 

iii.  Dull  to  reddish  tan. 

iv.  Dusky  dark. 

V.  Dusky  tan. 

vi.  Green  in  dusky  dark, 
vii.  Light  buff, 
viii.  Medium  to  dark  reddish  brown. 

ix.  Tan. 

X.  Reddish  brown. 

xi.  Rich  tan. 
xii.  Variegated; 

(b)  "cutters"  means  the  leaves  of  the  cutter 
group  grown  on  a  tobacco  plant  above  the 
sands  and  below  the  leaf ; 

(c)  "group"  means  a  division  of  tobacco  based 
on  the  position  of  the  leaves  on  a  tobacco 
plant  and  includes  the  groups, 

(i)  cutters, 

(ii)  leaf, 

(iii)  sands,  and 

(iv)  tips; 

{d)  "leaf"  means  the  leaves  of  the  leaf  group 
grown  on  a  tobacco  plant  above  the  cutters 
and  below  the  tips ; 

{e)  "nondescript"  means  tobacco  leaves  that 
are, 

(i)  aphid  infected, 

(ii)  badly  hailed, 


(iii)  barn-burnt, 

(iv)  crude  green  right  through  the  leaf, 

(v)  dead, 

(vi)  dirty, 

(vii)  frosted, 

(viii)  mouldy,  or 

(ix)  water  damaged ; 

(/)  "quality"  means  the  combination  of  the 
elements  of  smoothness,  maturity,  body, 
size,  finish  and  uniformity  of  tobacco 
leaves  and  includes  the  following  degree 
of  quality: 

i.  Choice. 

ii.  Fine, 

iii.  Good. 

iv.  Fair. 

V.  Low. 

vi.  Medium, 

vii.  Common, 

viii.  Poor; 

(g)  "sands"  means  the  leaves  of  the  sand 
group  grown  nearest  the  ground  on  a 
tobacco  plant ; 

(A)  "tips"  means  the  leaves  of  the  tip  group 
grown  at  the  top  of  a  tobacco  plant ; 

(t)  "tobacco"  means  tobacco  of  the  cigarette- 
type  burley.    O.  Reg.  343/75,  s.  1. 

2.  This  Regulation  applies  to  the  grading  and 
sale  of  cigarette-type  burley  tobacco  in  Ontario. 
O.  Reg.  343/75,  s.  2. 

3.  No  person  shall, 

(a)  sell  or  deliver  for  sale  to  a  first  buyer 
thereof;  or 

(6)  buy  from  the  producer  thereof, 


512 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  326 


any  cigarette-type  burley  tobacco  unless  it  has 
been  graded  and  marked  in  accordance  with  the 
Act  and  this  Regulation.    O.  Reg.  343/75,  s.  3. 

4. — (1)  Where  tobacco  is  graded  under  the  Act 
and  this  Regulation,  the  person  who  grades  the 
tobacco  shall  examine  the  tobacco  in  as  many  bales 
of  tobacco  on  a  pallet  as,  in  his  opinion,  are  neces- 
sary for  him  to  determine  the  grade  of  all  the 
tobacco  on  the  pallet  and  shall  affix  to  a  bale  of 
tobacco  on  the  pallet,  a  tag  or  label  on  which  is 
legibly  marked  or  printed  the  grade  of  the  tobacco 
on  the  pallet. 

(2)  No  person  shall  remove  from  a  bale  of  tobacco 
the  tag  or  label  affixed  under  subsection  (1)  without 
the  authority  of  an  inspector,  until  the  tobacco  has 
been  sold  and  delivered  to  the  first  buyer  of  the 
tobacco.    O.  Reg.  343/75,  s.  4. 

5.  In  the  grading  of  cigarette-type  burley  tobacco, 
regard  shall  be  had  to, 

(a)  the  group   to   which   the   tobacco   leaves 
belong ; 

(b)  the  colour  of  the  tobacco  leaves;  and 

(c)  the  quality  of  the  tobacco  leaves.    O.  Reg. 
343/75.  s.  5. 

6. — (1)  Where  tobacco  is  leaf -spotted  severely, 
severely  hailed,  frosted,  reddened  by  reason  of 
excessive  moisture,  sweated  or  severely  barn-burnt, 
smoked,  severely  bruised  in  handling  during  harvest- 
ing, wet  or  severely  wind-damaged,  it  may  be 
graded  in  accordance  with  the  requirements  of  the 
grade  for  which  it  qualifies  otherwise,  but  the  grade 
mark  designating  the  grade  that  is  affixed  to  the 
bale  shall  be  followed, 

(a)  in  the  case  of  tobacco  leaf-spotted  severely, 
by  the  letter  D ; 

{b)  in  the  case  of  severely  hailed  tobacco,  by 
the  letter  H ; 

(c)  in   the   case   of  frosted   tobacco,   by   the 
letter  O; 

(d)  in  the  case  of  tobacco  reddened  by  reason 
of  excess  moisture,  by  the  letter  R; 

{e)  in  the  case  of  sweated  or  severely  barn- 
burnt  tobacco,  by  the  letter  S; 

(/)  in   the   case  of  smoked  tobacco,   by   the 
letter  T; 

{g)  in  the  case  of  tobacco  severely  bruised  in 
handling  during  harvesting,  by  the  letter 

V; 

(h)  in  the  case  of  wet  tobacco,  by  the  letter 
W;  and 


(i)  in    the    case    of    severely    wind-damaged 
tobacco,  by  the  letter  Z. 

(2)  Each  letter  required  to  follow  a  grade  mark 
referred  to  in  subsection  (1)  shall  be  legibly  marked 
or  printed  and  shall  be  at  least  as  large  as  the 
letters  in  the  grade  mark.    O.  Reg.  343/75,  s.  6. 

7. — (1)  Where  tobacco  is  damaged  by  mould 
after  being  cured,  it  shall  not  be  included  in  any 
tobacco  graded  under  section  9. 

(2)  Where  bits  of  broken  tobacco  leaves  and  stems 
result  from  handling  tobacco,  they  shall  not  be 
included  in  any  tobacco  graded  under  section  9. 
O.  Reg.  343/75,  s.  7. 

8.  Each  crop  of  a  producer  shall  have  a  sample 
selected  and  tested  for  burn  quality  and  at  the  time 
of  sale  every  flat  of  each  crop  shall  have  designated 
on  the  grade  tag  or  label  the  burn  rate  for  the 
sample  from  that  crop.    O.  Reg.  343/75,  s.  8. 

9.  The  grades  for  cigarette-type  burley  tobacco 
are  as  follows: 

1.  S-1  grade,  consisting  of  sands  that  are, 

(a)  of  fine  quality; 

(6)  a  clean,  clear,  uniform,  light  buff 
colour ; 

(c)  thin-bodied ;  and 

(d)  ripe. 

2.  S-IL  grade,  consisting  of  sands  that  are, 

(a)  of  fine  quality ; 

(6)  a  clean,  bright  buff  colour ; 

(c)  thin-bodied;  and 

(d)  ripe. 

3.  S-2  grade,  consisting  of  sands  that  are, 

(a)  of  good  quality; 
{b)  a  clean  buff  colour ; 

(c)  thin-bodied;  and 

(d)  ripe. 

4.  S-3  grade,  consisting  of  sands  that  are, 

(a)  of  medium  quality ; 

(b)  a  clean  tan  colour ; 

(c)  thin-bodied;  and 


Reg.  326 


FARM  PRODUCTS  GRADES  AND  SALES 


513 


(d)  fairly  ripe. 

5.  S-4  grade,  consisting  of  sands  that  are, 

(a)  of  fair  quality ; 

(b)  a  dusky  tan  colour,  some  variega- 
tion permitted; 

(c)  thin-bodied  to  medium-bodied ;  and 

(d)  slightly  immature. 

6.  S-5  grade,  consisting  of  sands  that  are, 

(a)  of  low  quality ; 

(b)  a   dusky   dark    rolour,    variegation 
permitted ; 

(c)  thin-bodied  to  medium-bodied;  and 

(d)  immature. 

7.  C-1  grade,  consisting  of  cutters  that  are, 

(a)  of  choice  quality ; 

(b)  a    clear,    bright,    uniform    blonde 
colour ; 

(c)  thin-bodied  and  silky;  and 

(d)  ripe. 

8.  C-2  grade,  consisting  of  cutters  that  are, 

(a)  of  fine  quahty ; 

(b)  a  clean,  clear,   uniform,   light  buff 
colour ; 

(c)  thin-bodied;  and 

(d)  ripe. 

9.  C-3  grade,  consisting  of  cutters  that  are, 

(a)  of  good  quality ; 

(b)  a  buff  colour; 

(c)  thin-bodied;  and 
{d)  ripe. 

10.  C-4  grade,  consisting  of  cutters  that  are, 
(a)  of  medium  quality: 
(6)  a  tan  colour; 
(c)  thin-bodied;  and 


(d)  fairly  ripe. 

11.  C-5  grade,  consisting  of  cutters  that  are, 

(a)  of  fair  quality ; 

(b)  a  tan  colour,  slight  variegation 
permitted ; 

(c)  thin-bodied;  and 

(d)  fairly  ripe. 

12.  C-6  grade,  consisting  of  cutters  that  are, 

(a)  of  low  quality ; 

(b)  a  tan  to  variegated  colour ;  and 

(c)  thin-bodied. 

13.  C-7  grade,  consisting  of  cutters  that  are, 

(a)  of  common  quality; 

{b)  a  dusky  dark  colour,  variegation 
permitted,  slight  green  tinge  per- 
mitted ; 

(c)  thin-bodied  to  medium-bodied ;  and 

(d)  immature. 

14.  L-1  grade,  consisting  of  leafs  that  are, 

(a)  of  good  quahty ; 

(b)  a  rich  tan  colour ; 

(c)  medium-bodied;  and 

(d)  rif)e. 

15.  L-2  grade,  consisting  of  leafs  that  are, 

(a)  of  medium  quality; 

(b)  a  dull  to  reddish-tan  colour; 

(c)  medium-bodied;  and 

(d)  fairly  ripe. 

16.  L-3  grade,  consisting  of  leafs  that  are, 

(a)  of  fair  quality ; 

(b)  a  reddish-brown  colour ; 

(c)  medium-bodied;  and 

(d)  fairly  ripe. 


514 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  326 


17.  L-4  grade,  consisting  of  leafs  that  are, 

(a)  of  low  quality ; 

(b)  a  medium  to  dark  reddish-brown ; 

(c)  medium-bodied ;  and 

(d)  slightly  immature. 

18.  L-5  grade,  consisting  of  leafs  that  are, 

(a)  of  poor  quality ; 


(b)  dusky  dark,  some  variegation  per- 
mitted; 


(c)  medium-bodied  or  poorer;  and 

(d)  immature  or  better. 

19.  N.D.  grade,  consisting  of  tobacco  that  is 
nondescript.    O.  Reg.  343/75,  s.  9. 


Reg.  327 


FARM  PRODUCTS  GRADES  AND  SALES 


515 


REGULATION  327 


under  the  Farm  Products  Grades  and  Sales  Act 


DAIRY  PRODUCTS 

INTERPRETATION 

1.  In  this  Regulation, 

1.  "bacterial  culture"  means  the  coagulum 
made  by  growth  of  harmless  acid-producing 
bacteria  in  milk,  reconstituted  milk  powder 
or  reconstituted  skim   milk   powder; 

2.  "brand"  means  any  mark,  stencil,  stamp, 
label  or  writing  placed  on  any  milk 
product  or  package  containing  a  milk 
product ; 

3.  "butter"  means  the  food  prepared  by 
gathering  the  milk-fat  of  milk  or  cream 
into  a  mass  that  may  also  contain  a 
portion  of  the  other  milk  constituents 
not  separated  in  good  manufacturing 
practice,  with  or  without  salt  or  food 
colour,  and  that  contains, 

i.   not  less  than  80  per  cent  milk-fat, 
ii.   no  fat  or  oil  other  than  milk-fat,  and 
iii.   not  more  than  16  per  cent  water; 

4.  "buttermilk  powder"  means  dried  but- 
termilk that  contains  not  more  than  5 
per  cent  by  weight  of  water  and  no  fat  or 
oil  other  than  milk-fat ; 

5.  "cheddar  cheese"  means  cheese  made  by 
the  cheddar  process  from  matted  and  milled 
curd  obtained  from  milk,  to  which  no 
skim  milk  has  been  added  or  from  which  no 
milk-fat  has  been  removed,  by  the  action  of 
rennet  or  other  coagulating  agent,  with  or 
without  the  addition  of  not  more  than  2  per 

V  cent  bacterial  culture,  and  that  contains 

on  the  dry  basis  not  less  than  48  per  cent 
milk-fat  and  no  fat  or  oil  other  than 
milk-fat ; 

6.  "cheese"  means  cheese  made  by  coagulat- 
ing the  casein  of  milk,  skim  milk,  evaporated 
milk,  evaporated  skim  milk,  cream,  milk 
powder  or  skim  milk  powder,  or  a  mixture 
thereof,  with  or  without  the  addition  of 
cream,  milk  powder,  skim  milk  powder  or 
small  amounts  of  other  ingredients  such  as 
ripening  ferments,  harmless  acid-produc- 
ing bacterial  cultures,  special  mould  cul- 
tures, salt,  seasoning,  special  flavouring 
materials,  food  colour  or  permitted  pre- 
servatives ; 


7.  "condensed  milk"  means  milk  from  which 
water  has  been  evaporated  and  to  which 
sugar  or  dextrose,  or  both,  with  or  without 
added  vitamin  D,  have  been  added  and  that 
contains  by  weight,  all  tolerances  being 
allowed  for,  not  less  than, 

i.   28  per  cent  milk  solids,  and 

ii.  8  per  cent  milk-fat; 

8.  "cream"  means  the  fatty  liquid  prepared 
from  milk  by  separating  the  milk  con- 
stituents in  such  manner  as  to  increase 
the  milk-fat  content ; 

9.  "creamery"  means  premises  to  which  milk 
or  cream  is  regularly  brought  for  the 
purpose  of  being  manufactured  into  cream- 
ery butter ; 

10.  "creamery  butter"  means  butter  manu- 
factured in  a  creamery  exclusively  from 
milk,  or  from  cream  separated  from  milk, 
or  from  both,  and  with  or  without  added 
water,  food  colour  or  common  salt ; 

11.  "dairy  butter"  means  butter,  other  than 
creamery  butter  and  whey  butter; 

12.  "Director"  means  the  Director  of  the  Farm 
Products  Quality  Branch  of  the  Ministry  of 
Agriculture  and  Food;- 

13.  "evaporated  milk"  means  milk  from  which 
water  has  been  evaporated,  with  or  without, 

i.  added  vitamin  D,  or 

ii.  disodium  phosphate  or  sodium  cit- 
rate, or  both,  added  in  a  total  quantity 
of  not  more  than  0. 1  per  cent  of  the 
finished  product, 

and  that  contains  not  less  than, 

iii.   25.5  per  cent  milk  solids,  and 

iv.   7.8  per  cent  milk-fat; 

14.  "evaporated  partly  skimmed  milk"  means 
evaporated  skim  milk  from  which  only  part 
of  the  milk-fat  has  been  removed ; 

15.  "evaporated  skim  milk"  means  milk  that 
has  been  concentrated  to  at  least  one-half  of 
its  original  volume  by  the  removal  of  water, 


516 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  327 


and  from  which  any  of  the  milk-fat  has  been 
removed,  with  or  without  added  vitamin  D ; 

16.  "fat"  means  any  fat  or  oil,  whether  of 
animal,  vegetable,  marine  or  mineral  origin ; 

17.  "foreign  substance"  in  respect  of  a  milk 
product  means  any  substance  that  is 
incorporated  into  or  placed  in  the  milk 
product,  other  than  substances  normal 
for  the  composition  of  the  milk  product; 

18.  "ice  cream"  means  the  frozen  food  that  is 
made  from  ice  cream  mix  by  freezing,  with 
or  without  the  addition  of  cocoa  or 
chocolate  syrup,  fruit,  nuts  or  confections, 
and  that  contains  not  less  than, 

i.   36  per  cent  food  solids, 

ii.    10  per  cent  milk-fat,  and 

iii.  1.8  pounds  of  food  solids  per  gallon, 
of  which  amount  not  less  than  0.50 
pound  is  milk-fat, 

and  that  does  not  contain  more  than, 

iv.  0.5  per  cent  stabilizer,  or 

v.    100,000  bacteria  per  gram; 

19.  "ice  cream  mix"  means  the  unfrozen 
pasteurized  combination  of  cream,  milk 
or  other  milk  products  sweetened  with 
sugar,  invert  sugar,  honey,  dextrose,  glu- 
cose, corn  syrup  or  corn  syrup  solids, 
with  or  without, 

i-  egg, 

ii.  flavouring  preparation, 

iii.  cocoa  or  chocolate  syrup, 

iv.  food  colour, 

v.  acid-reducing  salts,  or 

vi.  a  stabilizer  that  is  not  more  than  0.5 
per  cent  of  the  finished  product, 

and  that  contains  not  less  than, 

vii.  36  per  cent  food  solids,  and 

viii.   10  per  cent  milk- fat; 

20.  "malted  milk  powder"  means  the  product 
made  by  combining  milk  with  the  liquid 
separated  from  a  mash  of  ground  barley 
malt  and  meal,  with  or  without  the  addition 
of  salt,  sodium  bicarbonate  or  potassium 
bicarbonate,  in  such  manner  as  to  secure 


the  full  enzyme  action  of  the  salt  extract, 
and  by  removing  water,  and  contains, 

i.   not  less  than  7.5  per  cent  milk-fat, 
and 

ii.   not  more  than  3.5  per  cent  water; 

21.  "milk"  means  the  normal  lacteal  secretion 
obtained  from  the  mammary  gland  of  the 
cow,  genus  Bos,  and  that  is  free  from  colos- 
trum; 

22.  "milk-fat"  means  the  milk-fat  separated 
from  milk,  that  has, 

i.  a  specific  gravity  of  not  less  than 
0.905  at  a  temperature  of  40°C, 

ii.  a  tocopherol  content  not  greater  than 
50  micrograms  per  gram  as  deter- 
mined by  the  official  method  pre- 
scribed by  the  Food  and  Drugs  Act 
(Canada)  and  regulations  thereunder, 

iii.  A  Reichert-Meissl  number  not  less 
than  24,  and 

iv.  a  Polenske  number  not  exceeding  10 
per  cent  of  the  Reichert-Meissl 
number  and  in  no  case  exceeding  3.5; 

23.  "milk  powder"  means  dried  milk  that  con- 
tains not  less  than, 

i.   95  per  cent  milk  solids,  and 

ii.   26  per  cent  milk-fat, 

with  or  without  added  vitamin  D; 

24.  "package  cheese"  means  process  cheese  or 
the  product  resulting  from  the  comminut- 
ing and  mixing  of  one  or  more  lots  of  cheese 
without  the  aid  of  heat  or  emulsifying 
agents ; 

25.  "permitted  preservatives"  means  the  pre- 
servatives designated  in  the  Food  and  Drug 
Regulations  (Canada)  as  Class  III  pre- 
servatives and  used  in  accordance  with  the 
requirements   of   those   regulations; 

26.  "process  butter"  means  creamery  butter 
that  has  been  melted  or  clarified  or  refined 
and  remanufactured  into  butter; 

27.  "process  cheese"  means  cheese  that  is  pro- 
duced by  comminuting  or  mixing  one  or 
more  lots  of  cheese  with  the  aid  of  heat 
and  emulsifying  agents  into  a  homogeneous 
mass; 

28.  "registered  number"  means  the  number 
issued  to  a  plant  as  the  registered  number  or 
establishment  number  for  the  plant  under  the 
Canada  Dairy  Products  Act; 


Reg.  327 


FARM  PRODUCTS  GRADES  AND  SALES 


517 


29.  "relish"  means  chives,  dates,  horseradish, 
ohves,  onions,  pickles,  pimentos  or  pine- 
apples, or  any  combination  thereof; 

30.  "reworked  butter"  means  creamery  butter 
that  has  been  reworked  in  a  churn  ; 

31.  "sherbet"  means  the  frozen  food,  other 
than  ice  cream,  that  is  made  from  a  milk 
product,  with  or  without, 

i.  water, 

ii.  sweetening  agent, 

iii.  fruit  or  fruit  juice, 

iv.  citric  or  tartaric  acid, 

V.  flavouring  preparation,  or 

vi.  food  colour, 

and  that  contains, 

vii.  a  stabilizer  that  is  not  more  than  0.75 
per  cent  of  the  finished  product, 

viii.  not  more  than  5  per  cent  milk  solids, 
including  milk-fat,  and 

ix.  not  less  than  0.35  per  cent  acid  as 
determined  by  titration  and  expressed 
as  lactic  acid; 

32.  "skim  milk  powder"  means  dried  skim 
milk  that  contains  not  less  than  95  per  cent 
milk  solids,  with  or  without  added  vitamin 
D; 

33.  "standardized  milk"  means  milk  that  has 
been  adjusted  by  the  addition  to  or  removal 
from  milk  of  milk-fat,  or  milk  solids 
other  than  milk-fat,  for  the  purpose  of 
processing  into  a  milk  product ; 

34.  "sterilized  canned  cream"  means  cream 
that  has  been  heated  without  concentration 
or  appreciable  loss  of  volume  to  a  temper- 
ature of  at  least  100°C  for  a  length  of 
time  sufficient  to  kill  all  the  organisms 
present  and  that  is  packed  in  hermetically 
sealed  containers  and  that  contains  no  fat  or 
oil  other  than  milk-fat ; 

35.  "sterilized  milk"  means  milk  that  has  been 
heated  without  concentration  or  appreci- 
able loss  of  volume  to  a  temperature  of  at 
least  100°C  for  a  length  of  time  sufficient  to 
kill  all  the  organisms  present,  that  is  packed 
in  hermetically  sealed  containers  and  that 
contains, 


i.   not  less  than  3'/i  per  cent  by  weight  of 
milk-fat, 

ii.   not  less  than  UK*  per  cent  by  weight 
of  total  milk  solids,  and 

iii.   no  fat  or  oil  other  than  milk-fat; 

36.  "whey"  means  the  product  remaining 
after  the  fat  and  casein  have  been  removed 
from  milk  in  the  process  of  making 
cheese ; 

37.  "whey  butter"  means  butter  made  from 
milk-fat  that  has  been  recovered  from 
whey,  or  from  a  mixture  of  such  milk-fat 
and  cream,  or  from  a  mixture  of  whey 
butter  and  creamery  butter ; 

38.  "whey  powder"  mean.s  dried  whey.  R.R.O. 
1970,  Reg.  291,  s.   I. 

DESIGNATION   OF    MILK    PRODUCTS 
AS   FARM   PRODUCTS 

2.  The   following   milk    products   are   designated 
as  farm  products : 

1.  Buttermilk  powder. 

2.  Cheese. 

3.  Condensed  milk. 

4.  Creamery  butter. 

5.  Dairy  butter. 

6.  Evaporated  milk. 

7.  Evaporated  partly  skimmed  milk. 

8.  Evaporated  skim  milk. 

9.  Ice  cream. 

10.  Ice  cream, mix. 

11.  Malted  milk  powder. 

12.  Milk  powder. 

13.  Sherbet. 

14.  Skim  milk  powder. 

15.  Sterilized  canned  cream. 

16.  Sterilized  milk. 

17.  Whey  butter. 

18.  Whey   powder.     R.R.O.    1970,    Reg.    291, 
s.  2. 


518 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  327 


3.  No  person  shall  buy,  sell,  offer  for  sale,  have  in 
possession  for  sale  or  manufacture  for  sale  any 
product  as  a  product  designated  in  section  2  unless 
it  conforms  with  the  definition  for  that  product  in 
section  1.     R.R.O.   1970,  Reg.  291,  s,  3. 


CREAMERY    BUTTER 

4.  No  person  shall  sell,  offer  for  sale,  have  in 
possession  for  sale  or  distribute  for  sale  any 
creamery  butter  made  in  Ontario  unless  the  butter 
has  been  graded,  packed  and  marked  in  accordance 

with    the   Act   and   this   Regulalion.     R.R.O.    1970, 
Reg.  291,  s.  4. 

5. — (1)  The  following  grades  of  creamery  butter 
are  established : 

1.  Canada  First  Grade,  consisting  of  creamery 
butter  that  contains  not  more  than  16  per 
cent  water,  not  less  than  80  per  cent  milk- 
fat,  and  no  fat  other  than  milk-fat,  and 
that  has  a  minimum  total  score  of  92  points 
of  which  at  least  39  points  are  for  flavour, 
and  that  has  the  following  characteristics: 

i.  A  flavour  that  is  clean  with  no  objec- 
tionable flavour. 

ii.  A   texture   that   is   firm,   close   and 
waxy. 

iii.  The  moisture  is  well  incorporated. 

iv.  A   colour   that    is   practically    true 
and  even  and  is  of  a  desirable  shade. 

V.  The  salt  is  all  dissolved. 


Canada  Second  Grade,  consisting  of 
creamery  butter  that  does  not  qualify  for 
Canada  First  Grade,  but  does  not  have  any 
of  the  characteristics  of  Canada  Third 
Grade  or  Below  Canada  Third  Grade, 
that  contains  not  more  than  16  per  cent 
water,  not  less  than  80  per  cent  milk-fat, 
and  no  fat  other  than  milk-fat,  and  that 
has  a  minimum  total  score  of  87  points  of 
which  at  least  37  points  are  for  flavour, 
and  that  has  one  or  more  of  the  following 
characteristics : 


i.  A  flavour  that  is  slightly  unclean  or 
unclean,  or  is  slightly  weedy  but 
without  stinkweed  or  other  pro- 
nounced weedy  flavour,  or  is  slightly 
stale  or  stale,  or  is  slightly  metallic 
or  metallic,  or  is  slightly  tallowy  or 
tallowy,  or  is  sour,  or  is  bitter  as  a 
result  of  pronounced  woody  or  other 
objectionable  flavour  on  the  surface 
or  in  the  butter. 


ii.  A  texture  that  is  weak,  open,  greasy, 
brittle  or  sticky. 

iii.  The  moisture  is  free  or  is  leaky. 

iv.  A  colour  that  is  slightly  mottled  or 
mottled,  or  is  slightly  streaky  or 
streaky,  or  uneven,  or  is  of  objection- 
able shade. 

V.   The  salt  is  not  all  dissolved. 

Canada  Third  Grade,  consisting  of 
creamery  butter  that  does  not  qualify  for 
Canada  First  Grade  or  Canada  Second 
Grade,  but  does  not  have  any  of  the  charac- 
teristics of  butter  of  Below  Canada  Third 
Grade,  that  contains  not  more  than  16  per 
cent  water,  not  less  than  80  per  cent  milk- 
fat,  and  no  fat  other  than  milk-fat,  and  that 
has  a  total  score  of  less  than  87  points 
of  which  less  than  37  points  are  for  flavour, 
and  that  has  one  or  more  of  the  following 
characteristics: 


A  flavour  that  is  very  stale,  or  very 
sour,  very  tallowy,  fishy,  very  un- 
clean, very  metallic,  very  yeasty, 
very  musty,  very  cheesey,  or  very 
fruity,  or  rancid,  or  pronouncedly 
weedy  but  without  stinkweed  or 
flavour  of  similar  type,  or  other 
objectionable  flavour  on  the  surface 
or  in  the  butter  that  is  more  pro- 
nounced than  permitted  for  Canada 
Second  Grade. 


ii.  A  texture  that  is  very  weak,  or  is 
otherwise  inferior  to  that  permitted 
for  Canada  Second  Grade. 

iii.  A  milky  moisture. 

iv.  A  colour  that  is  very  mottled,  very 
streaky  or  very  uneven. 

V.   The   salting   is   exceedingly   heavy. 

4.  Below  Canada  Third  Grade,  consisting  of 
creamery  butter  that  does  not  qualify  for 
Canada  First  Grade,  Canada  Second  Grade 
or  Canada  Third  Grade,  and  that  contains 
not  more  than  16  per  cent  water,  not  less 
than  80  per  cent  milk-fat,  and  no  fat 
other  than  milk-fat,  and  that  has  one  or 
more    of    the    following    characteristics: 

i.  A  flavour  that  is  very  objectionable, 
such  as  very  rancid,  garlic,  onion, 
gasoline,  kerosene,  surface  taint, 
stinkweed  or  other  strong  weedy 
flavour    comparable    to   stinkweed. 


Reg.  327 


FARM  PRODUCTS  GRADES  AND  SALES 


519 


ii.  Dirt  or  foreign  matter  in  or  on  the 
butter. 

iii.  Mould    on    the    butter    or    on    the 
package. 

(2)  The  scores  mentioned  in  subsection  (1)  are 
based  upon  a  maximum  score  of  the  number  of 
points  in  column  2  for  the  characteristic  mentioned 
in  column  1  of  the  Table,  as  follows: 


TABLE 

Column  1 

Column  2 

Flavour 

45  points 

Texture 

15  points 

Incorporation  of  moisture 

10  points 

Colour 

10  points 

Salting 

10  points 

Packing 

10  points 

R.R.O.  1970,  Reg.  291,  s.  5. 
GRADING  OF  CREAMERY  BUTTER 

6. — (1)  Every  creamery  operator  shall  take  a 
representative  sample  of  not  less  than  seven  pounds 
of  the  butter  from  each  churning  of  butter,  including 
each  churning  of  reworked  and  process  butter,  for  the 
purpose  of  grading  the  butter. 

(2)  A  grader  may  grade  butter,  other  than  re- 
worked or  process  butter,  of  any  churning  of 
creamery  butter  submitted  for  grading  if, 

(a)  the  butter  was  produced  in  a  creamery  to 
which  a  registered  number  is  issued ; 

(6)  at  least  seven  pounds  of  butter  from  the 
churning  is  submitted  in  a  container  for 
the  purpose  of  grading ;  and 

(c)  a  statement  is  marked  on  or  affixed  to  the 
container,  or  is  otherwise  furnished  to  the 
grader  showing, 

(i)  the   registered   number   of   the 
creamery, 

(ii)  the  number  of  the  churning  for  the 
calendar  year, 

(iii)  the  day  and  month  of  the  churning, 
and 

(iv)  the  number  of  pounds  of  butter  in 
the  churning. 


(3)  A  grader  may  grade  creamery  butter  of  any 
churning  of  reworked  or  process  butter  if, 

(a)  at  least  seven  pounds  of  butter  from  the 
churning  is  submitted  in  a  container  for  the 
purpose  of  grading ;  and 

{b)  a  statement  is  marked  or  affixed  to  the 
container,  or  is  otherwise  furnished  to  the 
grader,  showing, 

(i)  where  a  registered  number  is  issued 
to  the  creamery,  the  registered 
number, 

(ii)  where  no  registered  number  is  is- 
sued, the  name  and  address  of  the 
person  who  reworked  or  processed 
the  butter, 

(iii)  the  number  of  the  churning  for  the 
calendar  year, 

(iv)  the  day  and  month  of  the  churning, 
and 

(v)  the  number  of  pounds  of  butter  in 
the  churning. 

(4)  A  creamery  operator  shall  assign  to  each 
churning  of  creamery  butter  a  churning  number  in 
the  order  in  which  the  churning  occurs  and  begin 
the  series  for  each  calendar  year  with  the  figure  1. 

(5)  Every  person  who  reworks  or  processes 
creamery  butter  shall  assign  to  each  churning  of 
reworked  or  process  butter  a  churning  number 
in  the  order  in  which  the  churning  occurs  and  the 
number  shall  be  prefixed  with  the  letter  R  and  the 
series  for  each  calendar  year  shall  begin  with  the 
figure  1. 

(6)  The  churning  number  assigned  under  sub- 
section (4)  or  (S)  shall  be  marked  on  the  box  following 
the  letters  "CH.  NO.".     R.R.O.  1970,  Reg.  291,  s.  6. 

7. — (1)  The  grader  shall  refuse  to  grade  creamery 
butter  at  times  and  places  that,  in  his  opinion, 
are  not  proper  for  the  grading. 

(2)  Creamery  butter  submitted  to  graders  for 
grading  shall  be  arranged  in  the  order  of  the 
churnings  in  a  suitable  place  and  all  boxes  shall  be 
open  for  inspection  and  sampling. 

(3)  A  grader  may  refuse  to  grade  creamery  butter 
of  any  churning,  if,  in  his  opinion, 

(a)  the  butter  is  too  fresh  from  the  chum  to 
permit  the  proper  determination  of  its 
quality; 

(b)  the  temperature  of  the  butter  is  too  high, 
or  too  low,  to  permit  proper  examination ;  or 


520 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  327 


(c)  the  butter  is  not  representative  of  the  churn- 
ing to  be  graded.  R.R.O.  1970,  Reg.  291, 
s.  7. 

8. — (1)  When  grading  creamery  butter,  the  grader 
shall  grade  the  butter  in  at  least  one  box  from  each 
churning  in  every  lot  of  butter  submitted  to  him  for 
grading. 

(2)  Where  a  grader  grades  the  butter  in  only  one 
box  from  any  churning,  he  shall  give  the  grade  of  the 
butter  in  that  box  to  the  butter  in  all  boxes  of  that 
churning. 

(3)  Where,  in  the  opinion  of  the  grader,  it  is  neces- 
sary or  desirable  to  grade  more  than  one  box  of 
creamery  butter  from  a  churning  in  any  lot  of 
creamery  butter  submitted  to  him  for  grading,  he 
may  grade  additional  boxes  of  the  creamery  butter 
of  that  churning  and  the  creamery  operator  shall  pay 
a  fee  of  25  cents  for  each  box  so  graded. 

(4)  The  grader  may  mark  with  a  brand  any  box 
containing  creamery  butter. 

(5)  A  grader  may  alter  any  incorrect  brand  marked 
on  any  box  containing  creamery  butter. 

(6)  Where  a  grader  finds  that  a  creamery  operator 
has  sold  creamery  butter  that  is  marked  with  a  grade 
higher  than  the  grade  for  the  butter,  the  Director 
may  require  the  creamery  operator  to  hold  all  of  the 
butter  that  is  churned  at  the  creamery  until  the 
grader  has  established  the  grade  for  the  butter. 
R.R.O.  1970,  Reg.  291,  s.  8. 

9.  Any  person  who  submitted  creamery  butter  to 
a  grader  for  grading,  or  any  purchaser  of  creamery 
butter  that  a  grader  has  graded,  may  appeal  to  the 
Director  from  the  decision  of  the  grader.  R.R.O. 
1970,  Reg.  291,  s.  9. 

10. — (1)  Where  a  grader  grades  creamery  butter, 
he  shall  issue  to  the  operator  of  the  creamery  a 
statement  of  the  grading  of  each  lot  of  butter 
graded  by  him  showing, 

(a)  the  name  of  the  creamery  or  produce 
broker ; 

(6)  the   registered  number  of  the  creamery; 

(c)  the  place  where  the  butter  was  graded; 

(d)  the  date  on  which  the  butter  was  graded; 

(e)  the  churning  number  of  each  churning 
graded ; 

(/)  the  date  of  manufacture  of  each  churning 
graded ; 

(g)  the  number  of  pounds  of  butter  in  each 
churning ; 


(A)  the  flavour  score  and  the  total  score  of 
each  churning; 

(i)  the  defects  in  each  churning,  if  any;  and 

(j)  the  percentage  of  water  in  each  churning. 

(2)  A  statement  issued  under  subsection  (1)  is  not 
valid  after  six  weeks  from  its  date  of  issue. 

(3)  Notwithstanding  subsection  (1),  where  the 
grader  is  of  the  opinion  that  creamery  butter 
that  has  been  graded  by  him  as  Below  Canada 
Third  Grade  is  unfit  for  human  consumption,  he  shall 
not  issue  a  statement  of  the  grading  of  the  butter. 

(4)  Where  a  grader  is  of  the  opinion  that  creamery 
butter  is  unfit  for  human  consumption,  no  person 
shall  sell,  offer  for  sale,  have  in  possession  for  sale  or 
distribute  for  sale  that  creamery  butter  for  human 
consumption.     R.R.O.  1970,  Reg.  291,  s.  10. 

PACKING  AND   MARKING  OF  CREAMERY   BUTTER 

11.  Creamery  butter  of  Canada  First  Grade  shall 
be  solidly  packed  in  clean  boxes  that  are  neatly 
marked,  cleanly  lined  and  neatly  finished.  R.R.O. 
1970,  Reg.  291,  s.  11. 

12. — (1)  Where  creamery  butter  is, 

(a)  moulded  or  cut  into  prints,  blocks,  squares 
or  pats ;  and 

{b)  packed  in  cartons,  tins  or  other  packages, 

each  package  shall  contain  a  net  weight  of  creamery 
butter  of  one-quarter  pound,  one-half  pound  or  one 
pound  or  multiple  thereof  not  exceeding  fourteen 
pounds. 

(2)  Every  package  mentioned  in  subsection  (1)  shall 
be  legibly  and  indelibly  marked  with, 

(a)  a  statement  of  the  net  weight  of  the 
creamery  butter,  expressed  in  pounds  or 
fraction  of  a  pound ; 

(b)  the  name  and  address  of  the  factory  of 
origin,  manufacturer,  cutter,  jobber,  whole- 
sale dealer  or  retail  dealer ; 

(c)  the  words  "creamery  butter"  on  the  main 
panel  of  the  package ;  and 

{d)  the  grade  name  printed  on  the  main  panel 
of  the  package, 

(i)  where  the  net  weight  of  the  package 
is  less  than  one  pound,  in  not  less 
than  12-point  extended  Gothic  type 
capitals,  and 


Reg.  327 


FARM  PRODUCTS  GRADES  AND  SALES 


521 


(ii)  where  the  net  weight  of  the  package 
is  not  less  than  one  pound  or  more 
than  fourteen  pounds,  of  not  less 
than  18-point  extended  Gothic  type 
capitals. 

(3)  Where  a  package  is  marked  with  a  name  and 
address  of  a  factory  of  origin  in  accordance  with  clause 
(2)  (b),  the  name  shall  not  be  fictitious  unless  the  name 
is  followed  by  the  word  "brand"  and  the  name  and  the 
word  "brand"  are  printed  in  type  of  a  size  appropriate 
to  the  size  of  the  package.  R.R.O.  1970,  Reg.  291, 
s.  12. 

PROCESS   BUTTER 

13. — (1)  Process  butter  shall  not  be  manufactured, 
sold  or  offered  for  sale  in  Ontario  without  a  special 
permit  therefor  from  the  Director. 

(2)  A  special  permit  may  be  limited  as  to  time 
and  place  of  manufacture  and  as  to  quantity  and 
quality  of  the  butter.  R.R.O.  1970,  Reg.  291, 
s.  13. 

PACKING   AND   MARKING   OF   DAIRY    BUTTER   AND 
WHEY   pUTTER 

14.  Where  dairy  butter  or  whey  butter  is, 

(a)  moulded  or  cut  into  prints,  blocks,  squares 
or  pats ;  and 

(b)  packed  in  tins  or  other  packages, 

each  package  shall  contain  a  net  weight  of  one- 
quarter  pound,  one-half  pound  or  one  pound  or 
multiple  thereof.     R.R.O.   1970,  Reg.  291,  s.  14. 

15.  Every  package  mentioned  in  section  14  shall 
be  legibly  and  indelibly  marked  with, 

(a)  a  statement  of  the  net  weight  of  the  dairy 
butter  or  whey  butter,  expressed  in  pounds 
or  fraction  of  a  pound ;  and 

(6)  the  name  and  address  of  the  factory  of 
origin,  manufacturer,  cutter,  jobber,  whole- 
sale dealer  or  retail  dealer.  R.R.O.  1970, 
Reg.  291,  s.  15. 

16.  Every  package  mentioned  in  section  14  shall 
be  marked  on  the  main  panel  of  the  wrapper  and  on 
the  carton  with  the  words  "dairy  butter"  or  "whey 
butter",  as  the  case  may  be,  printed, 

(a)  where  the  net  weight  is  less  than  one  pound, 
in  not  less  than  12-point  extended  Gothic 
type  capitals ;  and 

(b)  where  the  net  weight  is  one  or  more 
pounds,  in  not  less  than  24-point  extended 
Gothic  type  capitals.  R.R.O.  1970,  Reg. 
291,  s.  16. 


17. — (1)  Every  package  that  contains  whey  but- 
ter, other  than  packages  mentioned  in  section  14, 
shall  be  marked  on  the  side  thereof  with, 

(a)  the  registered  number  of  the  plant ; 
(6)  the  words  "whey  butter"  ; 

(c)  the  date  of  manufacture  shown  by  the 
number  of  the  day  of  the  month  followed 
by  a  virgule  followed  by  the  number 
representing  the  order  that  month  occurs 
in  the  year  as,  for  example,  the  21st  day 
of  January  is  shown  as  21/1 ;  and 

(d)  the  churning  number.  , 

(2)  The   operator   of   the   plant   shall    assign    to  j 
each  churning  of  whey  butter  a  churning  number 
in    the   order   in    which    the   churning   occurs   and 
begin   the  series   for  each  calendar  year  with   the 
figure  1. 

(3)  Churning  numbers  for  churnings  of  whey 
butter  shall  be  printed, 

(a)  on  packages  weighing  more  than  two 
pounds  and  less  than  twenty-five  pounds, 
in  not  less  than  24-point  extended  Gothic 
tyf)e  capitals ;  and 

(6)  on  packages  weighing  at  least  twenty-five 
pounds,  in  not  less  than  60-point  extended 
Gothic  type  capitals.  R.R.O.  1970,  Reg. 
291,  s.  17. 


18. — (1)  Where  a  package  of  dairy  butter  or  of  a 
mixture  of  dairy  butter  and  creamery  butter 
resembles  packages  of  creamery  butter,  the  package 
of  dairy  butter  or  mixture  of  dairy  butter  and 
creamery  butter  shall  be  marked  on  the  side  thereof 
with  the  words  "dairy  butter". 

(2)  Marks  required  under  subsection  (1)  shall  be 
printed, 

(a)  on  packages  weighing  less  than  twenty- 
five  pounds,  in  not  less  than  24-point 
extended  Gothic  type  capitals;  and 

(b)  on  packages  weighing  not  less  than  twenty- 
five  pounds,  in  not  less  than  60-point 
extended  Gothic  type  capitals.  R.R.O. 
1970,  Reg.  291,  s.  18. 


CHEDDAR   CHEESE 

19.  No  person  shall  sell,  offer  for  sale,  or  have  in 
possession  for  sale,  cheddar  cheese  made  in  Ontario 
unless  the  cheese  has  been  packed  and  marked  in 
accordance  with  the  Act  and  this  Regulation. 
R.R.O.  1970,  Reg.  291,  s.   19. 


522 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  327 


GRADES   FOR   CHEDDAR   CHEESE 

20. — (1)  The  following  grades  of  cheddar  cheese 
are  established : 

1.  Canada  First  Grade,  consisting  of  cheddar 
cheese  that  contains,  on  a  dry  basis,  not  less 
than  48  per  cent  milk-fat,  and  no  fat  other 
than  milk-fat,  and  that  has  a  minimum 
total  score  of  92  points  of  which  at  least  39 
points  are  for  flavour,  and  that  has  all  the 
following  characteristics: 

i.  A  flavour  that  is  clean  with  no  objec- 
tionable flavour. 

ii.  A  texture  that  is  firm,  smooth  and 
silky. 

iii.   In    substance    is    reasonably    close. 

iv.  A  colour  that  is  uniform. 

V.  Of  fairly  regular  size  with  surfaces 
that  are  sound  and  well  finished, 
and  of  a  proper  size  for  boxes. 

vi.  The  cheese  and  the  boxes  are  neatly 
marked,  the  cheese  has  scale  boards 
placed  but  not  pressed  on  both  ends 
and  the  boxes  are  clean  and  sound. 

vii.  When  tested  by  the  extraneous 
matter  test,  the  cheese  shows  discs  of 
number  1  or  2. 


Canada  Second  Grade,  consisting  of  cheese 
that  does  not  qualify  for  Canada  First 
Grade,  but  does  not  have  any  of  the 
characteristics  of  Canada  Third  Grade  or 
Below  Canada  Third  Grade,  that  contains 
on  a  dry  basis  not  less  than  48  per  cent 
milk-fat  and  no  fat  other  than  milk- 
fat,  and  that  has  a  minimum  total  score 
of  87  points  of  which  at  least  37  points 
are  for  flavour,  and  that  has  one  or  more  of 
the  following  characteristics : 

i.  A  flavour  that  is  fruity,  or  not 
clean,  or  slightly  rancid,  or  slightly 
off,  or  off,  or  turnip-like,  or  is 
otherwise  objectionable. 

ii.  A  texture  that  is  pasty  or  weak, 
mealy,  acidic  or  stiff. 

iii.  In  substance  is  open  or  loose,  or 
has  ragged  or  flat  holes  or  slight 
pin-holes,  or  is  slightly  gassy. 

iv.  A  colour  that  is  uneven  or  slightly 
mottled,  or  is  of  a  mottled  or  ob- 
jectionable shade,  or  it  shows  slight 


discolouration  that  is  foreign  to  the 
normal  colour  of  Canadian  cheddar 
cheese. 

V.  Irregular  in  size,  or  surfaces  not 
smoothly  finished,  or  rinds  slightly 
damaged  by  cracking  or  from  other 
causes  but  are  without  conspicuous 
cracks  or  decidedly  rough  appear- 
ance. 

vi.  When  tested  by  the  extraneous  mat- 
ter test,  the  cheese  shows  a  disc 
number  3. 

3.  Canada  Third  Grade,  consisting  of  cheese 
that  does  not  qualify  for  Canada  First 
Grade  or  Canada  Second  Grade,  but  does 
not  have  any  of  the  characteristics  of 
Below  Canada' Third  Grade,  that  contains, 
on  a  dry  basis,  not  less  than  48  per  cent 
milk-fat,  no  fat  other  than  milk-fat,  and 
that  has  a  total  score  of  less  than  87 
points  of  which  less  than  37  points  are  for 
flavour,  and  that  has  one  or  more  of  the 
following  characteristics: 

i.  A  flavour  that  is  rancid  or  badly  off, 
or  is  otherwise  inferior  to  flavour  per- 
mitted  for   Canada   Second   Grade. 

ii.  A  texture  that  is  very  weak,  very 
acidic,  very  soft  or  very  stiff. 

iii.  In  substance  is  very  open,  or  has  gas 
or  Swiss  holes. 

iv.  A  colour  that  is  very  uneven  or  very 
mottled,  or  is  of  a  very  objectionable 
shade  or  shows  discolouration  that  is 
foreign  to  the  normal  colour  of 
Canadian  cheddar  cheese  that  is 
more  pronounced  than  permitted 
for  Canada  Second  Grade. 

v.  Surfaces  decidedly  rough  in  appear- 
ance or  have  conspicuous  cracks  or 
the  rinds  are  damaged  from  other 
causes  to  a  greater  extent  than 
permitted  for  Canada  Second  Grade, 
but  not  sufficiently  damaged  to  be 
classed  Below  Canada  Third  Grade. 

vi.  When  tested  by  the  extraneous 
matter  test,  the  cheese  shows  a  disc 
number  4. 

4.  Below  Canada  Third  Grade,  consisting  of 
cheese  that  does  not  qualify  for  Canada 
First  Grade,  Canada  Second  Grade  or 
Canada  Third  Grade,  and  that  contains, 
on  a  dry  basis,  not  less  than  48  per  cent 
milk-fat,  no  fat  other  than  milk-fat,  and 
that  has  one  or  more  of  the  following 
characteristics : 


Reg.  327 


FARM  PRODUCTS  GRADES  AND  SALES 


523 


i.  A  flavour  that  is  very  objectionable, 
such  as  very  sour,  gasoline,  kerosene, 
garlic,  stinkweed  or  other  strong 
weedy  flavour  comparable  to  stink- 
weed. 

ii.  A  texture  that  is  very  dry,  crumbly, 
mushy  or  is  leaking. 

iii.  In  substance  is  extremely  open  or 
very  porous. 

iv.  A  mixture  of  white  and  coloured 
curds  in  the  same  cheese,  or  other 
very  objectionable  discolouration 
that  is  foreign  to  the  normal  colour 
of  Canadian  cheddar  cheese. 

V.  Seriously  damaged  by  vermin  or 
other  means. 

vi.  Contains  a   foreign   substance. 

vii.  Inferior  to  Canada  Third  Grade 
in  any  other  characteristic. 

(2)  The  scores  mentioned  in  subsection  (1)  are 
based  upon  a  maximum  score  of  the  number  of 
points  in  column  2,  for  the  characteristic  mentioned 
in  column  1  of  the  Table,  as  follows: 


TABLE 

Column  1 

Column  2 

Flavour 

45  points 

Texture 

25  points 

Closeness 

15  points 

Colour 

10  points 

Finish 

5  points 

R.R.O.   1970,  Reg.  291,  s.  20. 
GRADING  OF  CHEDDAR  CHEESE 

21.  A   grader   may   grade   cheddar   cheese   if, 

(a)  the  cheese  was  produced  in  a  cheese  factory 
to  which  a  registered  number  is  issued; 

(b)  each  cheese  has  marked  on  it  and  on  its 
covering, 

(i)  the  registered  number  of  the  cheese 
factory, 

(ii)  the  vat  number,  and 

(iii)  the    date    of    manufacture    of    the 
cheese ;  and 


(c)  the  operator  of  the  cheese  factory  furnishes  a 
statement  showing  the  total  number  of 
pounds  of  cheese  in  the  vat.  R.R.O.  1970, 
Reg.  291,  s.  21. 

22. — (1)  The  grader  may  specify  the  times  and 
places  at  which  he  grades  cheddar  cheese. 

(2)  Cheddar  cheese  submitted  to  a  grader  for 
grading  shall  be  arranged  in  a  suitable  place  and  all 
boxes  shall  be  open  for  inspection  and  sampling. 

(3)  A  grader  may  refuse  to  grade  cheddar  cheese, 
if,  in  his  opinion, 

(a)  the  cheese  is  not  sufficiently  matured  to 
permit  the  proper  determination  of  its 
quality; 

(b)  the  temperature  of  the  cheese  is  too  high  or 
M.           too  low  to  permit  proper  examination ;  or 

(c)  the  cheese  is  not  representative  of  the  vat 
required  to  be  graded.  R.R.O.  1970,  Reg. 
291,  s.  22. 

23. — (1)  When  grading  cheddar  cheese,  the  grader 
shall  grade  at  least  one  box  of  cheese  from  each  vat 
in  every  lot  of  cheese  submitted  to  him  for  grading. 

(2)  Where  a  grader  grades  the  cheese  in  only 
one  box  from  any  vat,  he  shall  give  the  grade  of  the 
cheese  in  that  box  to  the  cheese  in  all  boxes  of  cheese 
manufactured  at  the  same  time  from  that  vat. 

(3)  Where,  in  the  opinion  of  a  grader,  it  is 
necessary  or  desirable  to  grade  more  than  one 
box  of  cheese  from  any  lot  of  cheese  manufactured 
at  the  same  time  from  the  same  vat  submitted  to  him 
for  grading,  he  may  grade  other  boxes  of  the 
cheese  made  from  that  vat  and  the  operator  of  the 
cheese  factory  shall  pay  to  the  grader  a  fee  of  25 
cents  for  each  box  of  cheese  so  graded. 

(4)  The  grader  may  mark  with  a  brand  any  box 
containing  cheddar  cheese. 

(5)  A  grader  may  alter  any  incorrect  marking  on  any 
cheddar  cheese  or  on  any  box  containing  cheddar 
cheese.     R.R.O.   1970,  Reg.  291,  s.  23. 

24.  Any  person  who  submitted  cheddar  cheese 
to  a  grader  for  grading,  or  any  purchaser  of  cheddar 
cheese  that  a  grader  has  graded,  may  appeal  to 
the  Director  from  the  decision  of  the  grader. 
R.R.O.  1970,  Reg.  291,  s.  24. 

25. — (1)  Where  a  grader  grades  cheddar  cheese, 
he  shall  issue  to  the  operator  of  the  cheese  factory  in 
respect  of  the  grading  of  each  lot  of  cheese  graded  by 
him,  a  statement  showing, 

(a)  the  name  of  the  cheese  factory ; 

(b)  the  registered  number  of  the  cheese  factory ; 


524 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  327 


(c)  the   place   where   the  cheese   was  graded ; 

(d)  the  date  the  cheese  was  graded ; 

(e)  the  number  of  each  vat  graded  ; 

(/)  the  date  of  manufacture  of  each  vat ; 

{g)  the  quantity  of  cheese  in  each  vat ; 

(h)  the  flavour  score  and  total  score  of  each  vat ; 

(i)  the  defects  in  each  vat,  if  any;  and 

(j)  that  the  cheese  was  white  or  was  coloured. 

(2)  A  statement  issued  under  subsection  (1)  is  not 
valid  after  three  months  from  its  date  of  issue. 

(3)  Notwithstanding  subsection  (1),  where  the 
grader  is  of  the  opinion  that  cheddar  cheese  that 
has  been  graded  by  him  as  Below  Canada  Third 
Grade  is  unfit  for  human  consumption,  he  shall  not 
issue  a  statement  of  the  grading  of  the  cheese. 

(4)  Where  a  grader  is  of  the  opinion  that  cheddar 
cheese  is  unfit  for  human  consumption,  no  person  shall 
sell,  offer  for  sale,  have  in  possession  for  sale  or 
distribute  for  sale  that  cheddar  cheese  for  human 
consumption.     R.R.O.  1970,  Reg.  291,  s.  25. 

26. — (1)  Cheddar  cheese  shall  be  marked  at  the 
factory  of  origin  within  twenty-four  hours  after  its 
removal  from  the  press,  with  a  brand  that  shows, 

(a)  the  registered  number  of  the  factory ; 

(b)  the  vat  number  for  the  manufacture  of  the 
cheese ;  and 

(c)  the  date  of  manufacture  of  the  cheese. 

(2)  The  operator  of  a  cheese  factory  shall  assign  to 
each  lot  of  cheese  manufactured  in  the  cheese  factory 
a  vat  number  in  the  order  in  which  the  manufacture 
occurs,  and  begin  the  series  for  each  calendar  year 
with  the  number  100. 

(3)  The  date  of  manufacture  of  a  cheese  shall  be 
shown  by  the  number  of  the  day  of  the  month 
followed  by  a  virgule  followed  by  the  number 
representing  the  order  that  the  month  occurs  in  the 
year  followed  by  a  virgule  followed  by  the  last 
two  ciphers  of  the  year,  as  for  example,  the  21st  day 
of  January,  1981,  is  shown  as  21/1/81. 

(4)  All  marks  required  under  subsection  1  shall  be 
legibly  and  indelibly  printed, 

(a)  where  the  weight  of  the  cheese  is  more  than 
twenty-five  pounds,  in  not  less  than  60- 
point  extended  Gothic  type  capitals;  and 


(b)  where  the  weight  of  the  cheese  is  one  pound 
or  more  but  not  more  than  twenty-five 
pounds,  in  not  less  than  24-point  extended 
Gothic  type  capitals. 

(5)  Each  package  containing  cheddar  cheese  shall 
be  marked  at  the  time  of  packing  with  the  marks 
required  under  subsection  (1). 

(6)  Where  a  box  of  cheese  is  marked  in  accordance 
with  subsection  (1),  the  left  side  of  the  lap  of  the  box 
shall  be  marked  at  the  time  of  packing  with  the  weight 
of  the  cheese  in  printing, 

(a)  where  the  weight  of  the  cheese  is  more  than 
twenty-five  pounds,  in  type  of  at  least  one 
inch  high  and  one-half  of  an  inch  wide, 
followed  by  the  letters  "LBS"  in  block  type 
one  inch  high ;  and 

(b)  where  the  weight  of  the  cheese  is  not  more 
than  twenty-five  pounds,  in  type  at  least 
one-half  of  an  inch  high  and  one-quarter 
of  an  inch  wide,  followed  by  the  letters 
"LBS"  in  block  type  one-half  of  an  inch 
high.     R.R.O.  1970,  Reg.  291,  s.  26. 

27.  Cheddar  cheese  before  being  packed,  shall 
be  kept  in  a  ripening  room  for  a  period  of  at  least 
eight  days  from  the  time  of  its  removal  from  the 
press,  unless  the  development  of  a  rind  is  not 
necessary  or  desirable,  in  which  case  the  cheese  may 
be  packed  at  any  time  after  its  removal  from  the 
press  and  left  in  a  ripening  room  for  a  period  of  eight 
consecutive  days.     R.R.O.  1970,  Reg.  291,  s.  27. 

28. — (1)  Where  cheddar  cheese  is  packaged  in  a 
package  that  does  not  weigh  more  than  twenty 
pounds  when  made,  or  after  being  cut,  the  cheese  and 
the  package  containing  the  cheese  shall  be  marked 
with  a  brand  that  shows, 

(a)  the  net  weight  of  the  contents  expressed 
in  pounds,  fraction  of  a  pound,  or  ounces; 

(b)  the  name  and  address  of  the  factory  of 
origin,  manufacturer,  cutter,  jobber,  whole- 
sale dealer  or  retail  dealer;  and 

(c)  the  words  "cheddar  cheese". 

(2)  All  marks  required  under  subsection  (1)  shall  be 
legibly  and  indelibly  printed, 

(a)  where  the  weight  of  the  cheese  is  not 
more  than  one  pound,  in  not  less  than  12- 
point  extended  Gothic  type  capitals;  and 

(b)  where  the  net  weight  of  the  cheese  is  more 
than  one  pound,  in  not  less  than  24-point 
extended  Gothic  type  capitals.  R.R.O. 
1970,  Reg.  291,  s.  28. 


Reg.  327 


FARM  PRODUCTS  GRADES  AND  SALES 


525 


STANDARDS   OF   COMPOSITION    FOR   CHEESE 
OTHER  THAN   CHEDDAR  CHEESE 

29.  No  person  shall  sell,  offer  for  sale  or  have  in 
possession  for  sale  any  cheese,  other  than  cheddar 
cheese,  unless  the  cheese  has  been  packed  and  marked 
in  accordance  with  the  Act  and  this  Regulation. 
R.R.O.  1970,  Reg.  291,  s.  29. 

30. — (1)  The  varieties  or  types  of  cheese  listed 
in  column  1  of  the  Table  shall  contain  on  a  dry  basis, 
not  less  than  the  percentage  of  milk-fat  in  column  2, 
as  follows : 

TABLE 


Column  1 

Column  2 

Item 

Variety  or  Type  of  Cheese 

Minimum 
Milk-fat 
Content  on 
Dry  Basis 

1. 

2. 

3. 
4. 
5. 

Alpin,    Asiago,    Blue    Vein,    Bel 
Paese,  Brick,  Camembert,  Ched- 
dar, Feta,  Gouda,  Granular,  Lim- 
burger,  Neufchatel,  Port  du  Salut. 

Esrom,    Havarti,    Pasta    Filata, 
Maribo,  Samsoe,  Steppe,  Tilsiter. 

Emmenthaler,  Gruyere,  Swiss. 

Bra,    Edam,    Layden. 

Parmesan,    Romano    and    other 
cheese   of   hard-grating   types. 

48% 

45% 

43% 
40% 
32% 

(2)  Cheese  of  hard-grating  types  shall  not  contain 
more  than  34  per  cent  of  water.  R.R.O.  1970,  Reg. 
291,  s.  30. 

31. — (1)  Cream  cheese  shall  be  made  from  curd 
obtained  from  the  action  of  lactic  fermentation,  or 
rennet,  or  both,  on  cream  or  on  milk  to  which  cream 
has  been  added. 

(2)  In  the  manufacture  of  cream  cheese,  the  curd, 
whether  heated  or  unheated,  or  salted  or  unsalted, 
shall  be  drained  by  gravity  or  light  pressure  or  by 
any  other  approved  method  with  or  without  the 
addition  of  not  more  than  0.5  per  cent  by  weight  of 
vegetable  gum,  gelatin  or  algin. 

(3)  Cream  cheese  shall  contain  not  more  than 
55  per  cent  of  water  and,  on  a  dry  basis,  not  less  than 
65  per  cent  of  milk-fat. 

(4)  Where  cream  cheese  is  manufactured  with  the 
addition  of  a  relish  or  other  cheese,  it  shall  be 
made  with  amounts  of  cheese  or  relish  sufficient  to 
differentiate  the  product  from  plain  cream  cheese 
but,  when  other  cheese  is  added,  the  amount  of 


cheese  added  shall  not  exceed  20  per  cent  of 
the  content  of  the  cream  cheese,  nor  more  than  65 
per  cent  by  weight  of  water  and,  on  a  dry  basis, 
not  less  than  55  per  cent  of  milk-fat.  R.R.O. 
1970,  Reg.  291,  s.  31. 

32.  Process  cheese  may  contain  added  water, 
solids  derived  from  milk,  permitted  preservatives, 
food  colour,  seasonings,  relishes  or  condiments, 
and  the  finished  product, 

(a)  if  manufactured  from  a  cream  cheese  base, 
with  or  without  the  addition  of  seasonings 
or  condiments,  shall  contain  not  more 
than  55  per  cent  of  water,  and,  on  a  dry 
basis,  not  less  than  65  per  cent  of  milk-fat ; 

(b)  if  manufactured  from  a  cream  cheese 
base  with  the  addition  of  a  relish  or  other 
cheese,  shall  contain  such  relish  or  cheese 
in  an  amount  sufficient  to  differentiate  the 
product  from  a  process  plain  cream  cheese, 
but  when  other  cheese  is  added  the  amount 
shall  not  exceed  20  per  cent  of  the  cheese 
content  of  the  finished  product,  nor  more 
than  65  per  cent  by  weight  of  water, 
and,  on  a  dry  basis,  not  less  than  55  per 
cent  of  milk-fat ; 

(c)  if  manufactured  from  a  base  of  any  variety 
or  type  of  cheese  mentioned  in  item  1 
of  the  Table  in  section  30,  shall  contain  not 
more  than  43  per  cent  of  water  and, 
on  a  dry  basis,  not  less  than  48  per  cent  of 
milk-fat ;  and 

(d)  if  manufactured  from  any  other  cheese 
base  than  a  variety  or  type  of  cheese 
mentioned  in  item  1  of  the  Table  in 
section  30,  shall  contain  not  more  than 
43  per  cent  of  water  and,  on  a  dry  basis, 
not  less  than  45  per  cent  of  milk-fat. 
R.R.O.  1970,  Reg.  291,  s.  i2. 

33.  Skim  milk  cheese  shall  be  cheese,  except  cottage 
cheese,  that  contains,  on  a  dry  basis,  not  more  than  15 
per  cent  of  milk-fat.     R.R.O.  1970,  Reg.  291,  s.  33. 

34.  Skim  milk  process  cheese  shall  be  process 
cheese  that  contains  not  more  than  55  per  cent  of  water 
and,  on  a  dry  basis,  not  more  than  15  per  cent  of 
milk-fat.     R.R.O.   1970,  Reg.  291,  s.  34. 

35.  Swiss  cheese  or  Emmenthaler  cheese  shaU  be 
cheese  that  is  made  by  the  Emmenthaler  process  from 
heated  and  pressed  curd  obtained  by  the  action  of 
rennet  on  milk,  or  on  standardized  milk,  this  is 
ripened  by  special  gas-producing  bacteria  that  cause 
characteristic  eyes  or  holes  and  that  contains 
not  more  than  41  per  cent  of  water,  and,  on  a 
dry  basis,  not  less  than  43  per  cent  of  milk-fat. 
R.R.O.  1970,  Reg.  291,  s.  35. 


526 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  327 


36.  Gouda  cheese  shall  be  cheese  made  by  the 
Gouda  process,  from  heated  and  pressed  curd 
obtained  by  the  action  of  rennet  on  milk,  the  rind  of 
which  is  coloured  with  a  food  colouring  matter, 
and  the  finished  product  contains  on  a  dry 
basis,  not  less  than  48  per  cent  of  milk-fat. 
R.R.O.   1970,  Reg.  291,  s.  36. 

37.  Granular  or  stirred  curd  cheese  shall  be  cheese 
that  is  made  from  heated  and  pressed  curd  obtained 
by  the  action  of  rennet  on  milk  but  is  not  cheddared 
as  in  the  Cheddar  process,  and  that  contains  on  a 
dry  basis,  not  less  than  48  per  cent  of  milk-fat. 
R.R.O.  1970,  Reg.  291,  s.  37. 


PACKING   AND   MARKING   FOR   CHEESE   OTHER 
THAN   CHEDDAR 

38. — (1)  Package  cheese  shall  be  packed  in 
packages  containing  a  net  weight  of  one-quarter 
pound,  one-half  pound,  one  pound  or  multiple 
thereof,  except  that  grated  or  dehydrated  cheese  may 
be  packed  in  packages  containing  a  net  weight  of 
two  ounces. 

(2)  Subsection  (1)  does  not  apply  to  cheese  that  is  cut 
and  packaged  at  a  retail  store.  R.R.O.  1970,  Reg. 
291,  s.  38. 

39. — (1)  All  cheese  other  than  cheddar  cheese 
shall  be  legibly  and  indelibly  marked,  or  packed  in 
packages  that  are  legibly  and  indelibly  marked, 
with  a  brand  showing, 

(a)  the  net  weight  of  the  contents  in  pounds, 
fraction  of  a  pound  or  in  ounces ; 

{b)  the  name  and  address  of  the  manufacturer, 
jobber,  wholesale  dealer  or  retail  dealer; 
and 

(c)  a  true  statement  of  the  variety  or  type  of 
cheese,  or  in  the  case  of  process  cheese, 
the  words  "Process  Cheese",  "Emulsified 
Cheese",  "Process  Cheese  Spread",  "Skim 
Milk  Process  Cheese",  "Skim  Milk  Emulsi- 
fied Cheese"  or  "Skim  Milk  Process  Cheese 
Spread",  as  the  case  may  be,  on  the  main 
panel  of  the  package. 

(2)  Skim  milk  cheese,  granular  cheese  or  stirred 
curd  cheese  that  has  not  been  reprocessed,  and 
packages  containing  such  cheese  shall,  before  leav- 
ing the  factory  of  origin,  be  marked  on  the  side 
thereof  with, 

(a)  the  words  "Skim  Milk  Cheese",  "Granular 
Cheese",  or  "Stirred  Curd  Cheese",  as  the 
case  may  be ; 

(i)   the  registered  number  of  the  cheese  factory ; 

(c)  the  vat  number  for  the  manufacture  of  the 
cheese ;  and 


{d)  the  date  of  manufacture  of  the  cheese. 

(3)  The  operator  of  the  factory  shall  assign  to 
each  lot  of  cheese  other  than  cheddar  manufactured 
in  the  factory,  a  vat  number  in  the  order  in  which 
the  manufacture  occurs  and  begin  the  series  for 
each  calendar  year  with  the  figure  1. 

(4)  The  date  of  manufacture  of  the  cheese  shall  be 
shown  by  the  number  of  the  day  of  the  month  followed 
by  a  virgule  followed  by  the  number  representing  the 
order  that  the  month  occurs  in  the  year  followed  by  a 
virgule  followed  by  the  last  two  ciphers  of  the 
year,  as  for  example,  the  21st  day  of  January, 
1981,  is  shown  as  21/1/81. 

(5)  All  marks  required  under  this  section  shall  be 
printed, 

(a)  where  the  weight  of  the  cheese  is  not  more 
than  one  pound,  in  not  less  than  12-point 
extended  Gothic  type  capitals; 

(b)  where  the  weight  of  the  cheese  is  more 
than  one  pound  but  not  more  than  five 
pounds,  in  not  less  than  18-point  extended 
Gothic  type  capitals; 

(c)  where  the  net  weight  of  the  cheese  is 
more  than  five  pounds  but  not  more 
than  twenty-five  pounds,  in  not  less  than 
24-point  extended  Gothic  type  capitals; 
and 

(d)  where  the  net  weight  of  the  cheese  is  more 
than  twenty-five  pounds,  in  not  less  than 
60-point  extended  Gothic  type  capitals. 
R.R.O.  1970,  Reg.  291,  s.  39. 

40.  No  person  shall, 

(a)  incorporate  or  place  any  foreign  substance 
in  any  cheese  during  or  after  its  manu- 
facture ; 

(6)  incorporate  in  a  cheese  during  the  process 
of  its  manufacture  any  inferior  curd  or 
cheese ;  or 

(c)  knowingly  sell,  of?er  for  sale  or  have  in 
possession  for  sale  any  cheese  in  which  has 
been  incorporated  during  the  process  of 
manufacture  any  inferior  curd  or  cheese, 
without  giving  notice  of  such  incorporation. 
R.R.O.   1970,  Reg.  291,  s.  40. 

SKIM    MILK    POWDER 

41.  No  person  shall  sell,  offer  for  sale,  have  in 
possession  for  sale  or  distribute  for  sale  any  skim  milk 
powder  manufactured  in  Ontario  for  purposes  of 
human  consumption  unless  the  skim  milk  powder 


Reg.  327 


FARM  PRODUCTS  GRADES  AND  SALES 


527 


has  been  packed  and  marked  in  accordance  with  the 
Act  and  this  Regulation.  R.R.O.  1970,  Reg.  291, 
s.  41. 

42.  Skim  milk  powder  for  human  consumption 
shall  comply  with  the  following  standards : 

1.  It  shall  be  reasonably  uniform  in  com- 
position and  the  colour  shall  be  white  or 
light  cream  and  substantially  free  from 
brown  specks. 

2.  The  flavour  and  odour,  before  or  after 
reconstitution,  shall  be  sweet  and  clean 
and  free  from  any  objectionable  flavour  or 
odour. 

3.  After  reconstitution,  it  shall  have  an 
acidity,  expressed  as  lactic  acid,  of  not  less 
than  0.11  per  cent. 

4.  It  shall  contain  not  less  than  95  per  cent  by 
weight  of  milk  solids. 

5.  It  shall  contain  no  fat  other  than  milk-fat. 


6.  It  may  contain  vitamin  D.     R.R.O.    1970, 
Reg.  291,  s.  42. 


43. — (1)  The    following    grades    of    skim    railk 
powder  for  human  consumption   are  established: 

1.  Canada  First  Grade  Skim  Milk  Powder, 
consisting  of  skim  milk  powder  that  complies 
with  the  standards  set  out  in  section  42 
and  complies  with  the  following  standards: 

i.  Entirely  free  from  hard  lumps  and 
from  any  scorched  or  storage  flavour 
or  odour  before  or  after  reconstitu- 
tion. 


ii.  Subject  to  subsection  (2),  when 
analysed,  has  in  respect  of  the  sub- 
stance or  dispersal  time  mentioned  in 
column  1  of  the  Table,  a  maximum 
amount  of  that  substance  or  dispersal 
time  that  is  specified  in  column  2,  3  or 
4,  as  follows: 


TABLE 


Item 

Column  1 

Column  2 

Column  3 

Column  4 

When  Made 

When  Made 

When  Made 

Substance 

By  Spray 
Process 

By  Instant 
Process 

By  Roller 
Process 

1. 

Fat 

1.2    per  cent 

1.2    per  cent 

1.2    per  cent 

2. 

Moisture 

4.0    per  cent 

5.0    per  cent 

4.0    per  cent 

3. 

Acidity  (Reconstituted Basis) 

0.15  per  cent 

0.15  per  cent 

0.15  per  cent 

4. 

Solubility  Index 

1.2  ml. 

1.0  ml. 

5. 

Bacteria  (Reconstituted  Basis) 

10,000  ml. 

10.000  ml. 

10,000  ml. 

6. 

Sediment 

Disc  No.  2 

Disc  No.  2 

Disc  No.  3 

7. 

Dispersal  Time 

Not  less  than 
44  grams  in 
20  seconds 

Canada  Second  Grade  Skim  Milk  Powder, 
consisting  of  skim  milk  powder  that  does 
not  comply  with  all  of  the  standards  for 
Canada  First  Grade  Skim  Milk  Powder 
but  complies  with  the  standards  set  out  in 
section  42  and  complies  with  the  following 
standards : 

i.  Reasonably   free   from   hard   lumps 
and  has  only  a  slight  scorched  or 


storage  flavour  or  odour  before  or 
after  reconstitution. 


Subject  to  subsection  (2),  when 
analysed,  has  in  respect  of  the  sub- 
stance mentioned  in  column  1  of  the 
Table,  a  maximum  amount  of  that 
substance  that  is  specified  in  column  2 
or  3,  as  follows: 


528 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  327 


TABLE 


Item 

Column  1 

Column  2 

Column  3 

Substance 

Spray  Process 
not  to  exceed 

Roller  Process 
not  to  exceed 

L 
2. 
3. 
4. 
5. 
6. 

Fat 

Moisture 

Acidity  (Reconstituted  Basis) 

Solubility  Index 

Bacteria  (Reconstituted  Basis) 

Sediment 

1.5    percent 
5.0    per  cent 
0.17  per  cent 
2.0  ml. 
30,000  ml. 
Disc  No.  4 

1.5    per  cent 
5.0    per  cent 
0.17  per  cent 

30.000  ml. 
Disc  No.  4 

(2)  Where  skim  milk  powder  has  been  processed 
by  a  method  that  materially  improves  the  ease  of  its 
reconstitution  in  water,  it  may  contain  not  more 
than  5  per  cent  by  weight  of  water.  R.R.O. 
1970,  Reg.  291,  s.  43. 

GRADING    OF   SKIM    MILK    POWDER 

44.  A  grader  may  grade  skim   milk   powder  if, 

(a)  the  skim  milk  powder  is  produced  in  a 
plant  to  which  a  registered  number  is 
issued ; 

(b)  at  least  twenty-five  pounds  of  skim  milk 
powder  is  submitted  in  a  container  for  the 
purpose  of  grading ; 

(c)  the  container  is  clean  and  sound  throughout, 
and  provides  adequate  protection  against 
undue  absorption  of  moisture  or  other 
foreign  matter ; 

(d)  the  container  has  marked  on  it  or  affixed 
thereto, 

(i)  the  registered  number  of  the  plant, 
and 

(ii)  the  day,  month  and  year  of  manu- 
facture ;  and 

(e)  the  total  weight  of  skim  milk  powder  in  each 
lot  to  be  graded.     R.R.O.   1970,  Reg.  291, 

s.  44. 

45. — (1)  The  grader  may  specify  the  times  and 
places    at    which    he    grades    skim    milk    powder. 


(2)  Skim  milk  powder  submitted  in  packages  to 
a  grader  for  grading  shall  be  arranged  in  a  suitable 
place  and,  at  the  request  of  the  grader,  the  packages 
shall  be  open  for  inspection  and  sampHng.  R.R.O. 
1970,  Reg.  291,  s.  45. 

46. — (1)  When  grading  skim  milk  powder,  the 
grader  shall  grade  the  skim  milk  powder  in  at  least 
one  package  in  each  lot  of  not  more  than  twenty 
packages  submitted  to  him  for  grading,  and  at  least 
two  packages  in  each  lot  of  more  than  twenty 
packages  so  submitted. 

(2)  Where,  in  the  opinion  of  a  grader,  it  is 
necessary  or  desirable  to  grade  skim  milk  powder 
in  packages  additional  to  the  packages  mentioned 
in  subsection  (1),  the  grader  may  grade  the  skim  milk 
powder  in  such  additional  packages  and  the  operator 
of  the  plant  shall  pay  to  the  grader  a  fee  of  25  cents  in 
respect  of  each  package  of  skim  milk  powder  so 
graded. 

(3)  For  the  purpose  of  subsection  (1),  there  shall 
be  included  in  each  lot  the  entire  output  of  the 
factory  of  origin  in  one  day,  determined  in  accordance 
with  daily  production  records  that  are  kept  by  or  on 
behalf  of  the  operator  of  the  plant. 

(4)  The  grader  may  mark  with  a  brand  any 
package  containing  skim  milk  powder. 

(5)  A  grader  may  alter  any  incorrect  marking 
on  any  package  containing  skim  milk  powder. 
R.R.O.  1970,  Reg.  291,  s.  46. 

47.  Any  person  who  has  submitted  skim  milk  pow- 
der to  a  grader  for  grading,  or  any  purchaser  of  skim 
milk  powder  that  has  been  graded,  may  appeal  to  the 
Director  from  the  decision  of  the  grader.  R.R.O. 
1970,  Reg.  291,  s.  47. 


Reg.  327 


FARM  PRODUCTS  GRADES  AND  SALES 


529 


48.  Where  a  grader  grades  skim  milk  powder,  he 
shall  issue  to  the  operator  of  the  plant  in  respect  of 
the  grading  of  each  lot  of  skim  milk  powder 
graded  by  him  a  certificate  showing, 

(a)  the  name  of  the  plant ; 

(b)  the  registered  number  of  the  plant ; 

(c)  the  date   the  lot   was  graded; 

{d)  the  date  of  manufacture  of  the  lot ; 

(e)  the  number  of  pounds  of  skim  milk  powder 
in  the  lot ; 

(/)  a  description  of  the  flavour  of  the  skim  milk 
powder ;  and 

(g)  the  results  of  any  analysis  of  the  skim  milk 
powder.     R.R.O.  1970,  Reg.  291,  s.  48. 

PACKING   AND    MARKING   OF   SKIM    MILK    POWDER 
FOR    HUMAN   CONSUMPTION 

49.  Skim  milk  powder  in  packages  having  a 
capacity  of  twenty-five  pounds  or  more  shall  be 
packed  and  marked  as  follows: 

1.  Packages  shall  be, 

i.   boxes  or  cartons, 

ii.  wooden  barrels  that  are  new  and 
properly  headed, 

iii.  metal  drums  with  tight-fitting  covers, 
or 

iv.  such  other  packages  as  are  prescribed. 

2.  Packages  shall  be  clean  and  sound  through- 
out. 

3.  Packages  shall  provide  adequate  protection 
against  undue  absorption  of  moisture  and 
foreign  matter. 

4.  Packages  shall  contain  a  net  weight  of  at 
least    twenty-five    pounds    when    packed. 

5.  Each  package  shall,  by  means  of  a  trade 
label  or  a  stencilled  or  lithographed  design 
affixed  thereto,  be  legibly  and  indelibly 
marked  with, 

i.  the  name  and  address  of  the  manu- 
facturer or  the  person  on  whose  behalf 
the  skim  milk  powder  was  manufac- 
tured, 

ii.  the  words  "Dry  Skim  Milk",  "Pow- 
dered Skim  Milk"  or  "Skim  Milk 
Powder",  and 


iii.  a  statement  of  the  quantity  or  weight 
of  the  contents  thereof. 

6.  The  trade  label  or  the  stencilled  or  litho- 
graphed design  shall  indicate  on  the  package 
the  process  of  manufacture,  such  as 
"Spray",   "Roller"   or   "Vacuum   Drum". 

7.  The  grade  name,  the  date  of  manufacture 
and  the  registered  number  of  the  plant  shall 
be  neatly  printed  on  the  package  as 
follows : 

i.  The  date  of  manufacture  shall  be 
shown  by  the  number  of  the  day 
of  the  month  followed  by  a  hyphen 
followed  by  a  number  representing 
the  order  that  the  month  occurs  in  the 
year  followed  by  a  hyphen  followed 
by  the  last  two  ciphers  of  the  year. 

ii.  The  registered  number  of  the  plant 
shall  be  shown  by  the  letters  "EST." 
followed  by  the  number. 

iii.  The  printing  shall  be  in  not  less 
than  60-point  extended  Gothic  type 
capitals  on  the  side  of  the  package 
but,  in  the  case  of  barrels,  shall 
be  between  the  two  upper  hoops. 

8.  Each  package  shall  be  marked  at  the  time 
of  packing  with  the  date  on  which  it 
was  packed.  R.R.O.  1970,  Reg.  291, 
s.  49. 

50.  Skim  milk  powder  in  packages  having  a 
capacity  of  less  than  twenty-five  pounds  shall  be 
packed  and  marked  in  accordance  with  the  following 
requirements : 

1.  The  package  shall  contain  a  net  weight  of 
one-quarter  pound,  one-half  jjound  or  one 
pound   or   multiple   thereof. 

2.  The  package  shall  be  legibly  and  indelibly 
marked  with, 

i.  the  grade  name  printed  on  the  main 
panel  in  not  less  than  12-point 
extended  Gothic  type  capitals  for 
packages  weighing  le.ss  than  one 
pound,  and  not  less  than  18-point 
extended  Gothic  type  capitals  for  pack- 
ages weighing  one  pound  or  more, 

ii.  the  words  "Dry  Skim  Milk",  "Pow- 
dered Skim  Milk"  or  "Skim  Milk 
Powder"  and  an  indication  of  the  pro- 
cess of  manufacture,  on  the  main 
panel. 


530 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  327 


iii.  a  statement  of  the  net  weight  of  the 
contents,  in  ounces,  fraction  of  a 
pound,  or  pounds  and  fraction  of  a 
pound,  as  the  case  may  be, 

iv.  the  name  and  address  of  the  manu- 
facturer or  paciier  or  the  first  dealer  to 
whom  such  packages  are  dehvered  by 
the  manufacturer  or  packer,  and 

V.  the  registered  number  of  the  factory  of 
origin  on  the  outer  container  used  for 
shipment  by  the  manufacturer  or 
packer  of  the  skim  milk  pow- 
der.    R.R.O.   1970,  Reg.  291.  s.  50. 

PACKING   AND    MARKING   CONCENTRATED    MILK 

PRODUCTS    FOR    HUMAN    CONSUMPTION 

OTHER    THAN    SKIM    MILK    POWDER 

51. — (1)  All  packages  of  evaporated  milk,  includ- 
ing evaporated  skim  milk  and  evaporated  partly 
skimmed  milk,  intended  for  human  consumption, 
shall  have  a  net  weight  of  six  ounces,  one  pound  or 
a  multiple  thereof. 

(2)  All  packages  of  milk  powder  intended  for 
human  consumption  shall  have  a  net  weight  of  one- 
quarter  pound,  one-half  pound,  one  pound,  2 1/2 
pounds  or  five  pounds  or  multiple  thereof.  R.R.O. 
1970,  Reg.  291,  s.  51. 

52. — (1)  All  packages  containing  concentrated 
milk  products,  sterilized  milk  or  sterilized  canned 
cream  shall  be  legibly  and  indelibly  marked  with, 

(a)  a  statement  of  the  net  weight  expressed 
in  ounces  or  pounds,  as  the  case  may  be ; 

(b)  the  name  and  address  of  the  manufacturer 
or  packer  or  dealer  who  first  obtains 
them   from   the   manufacturer  or   packer; 

(c)  a  true  and  accurate  description  of  the 
contents,  including  the  name  of  the  pro- 
duct ;  and 

{d)  the  registered  number  on  the  outer  container 
used  in  shipment  by  the  manufacturer  or 
packer  of  the  product. 

(2)  All  packages  of  evaporated  partly  skimmed 
milk  and  sterilized  canned  cream  shall,  in  addition 
to  the  markings  required  by  subsection  (1),  be  legibly 
and  conspicuously  marked  with  a  statement  of  the  per- 
centage content  by  weight  of  milk-fat.  R.R.O.  1970, 
Reg.  291,  s.  52. 

PACKING   AND    MARKING    FOR    ICE   CREAM, 
ICE   CREAM    MIX    AND   SHERBET 

53. — (1)   Every  package  of  ice  cream  or  sherbet, 

(a)  that  contains  five  fluid  ounces  or  more 
shall   have  a   net   volume   of  one-quarter 


pint,  one-half  pint,  one  pint  or  multiple 
of  a  pint  and  shall  be  legibly  and  indelibly 
marked  with  a  true  and  accurate  statement 
of  the  net  volume  of  the  contents  expressed 
in  pints,  quarts,  gallons  or  fractions  thereof ; 

{b)  that  contains  less  than  five  fluid  ounces 
shall  be  legibly  and  indelibly  marked  with 
a  true  and  accurate  statement  of  the 
net  volume  of  the  contents  expressed  in 
fluid  ounces; 

(c)  shall  be  legibly  and  indelibly  marked  by 
the  manufacturer  at  the  time  of  packing 
with  the  name  and  address  of  the  manu- 
facturer or  the  person  for  whom  the 
product  was  manufactured;  and 

{d)  shall  be  legibly  and  indelibly  marked 
with  a  true  and  accurate  description  of  the 
contents,  including  the  name  of  the  product, 
or  products,  contained  therein. 


(2)  Marks  required   under  subsection  (1) 
printed, 


>hall   be 


(a)  where  the  net  volume  is  not  more  than 
one  pint,  in  not  less  than  12-point  extended 
Gothic  type  capitals;  and 

{b)  where  the  net  volume  is  more  than  one 
pint,  in  not  less  than  24-point  extended 
Gothic  type  capitals. 

(?>)  Notwithstanding  subsection  (2),  cans  or  other 
receptacles  used  for  packaging  bulk  ice  cream  or  sher- 
bet may  be  legibly  and  indelibly  marked  with  the  name 
and  address  of  the  manufacturer,  or  the  person  for 
whom  the  product  was  manufactured,  in  type  of  a  size 
appropriate  to  the  size  of  the  can  or  other  receptacle. 

(4)  Every  package  containing  ice  cream  mix 
shall   be   legibly   and    indelibly    marked   with, 

{a)  the  name  and  address  of  the  manufacturer; 

(b)  a  true  and  accurate  statement  ol  ttie  net 
contents;  and 

(c)  the   words    "Ice   Cream    Mix". 

(5)  Notwithstanding  clause  (1)  (a),  two  or  more 
packages  of  ice  cream  or  sherbet  each  containing  five 
fluid  ounces  or  less,  may  be  packaged  together  in  a 
larger  package  where, 

(a)  each  package  containing  not  more  than  five 
fluid  ounces  is  marked  in  accordance  with 
subsection  (2);  and 

{b)  such  larger  package  is  legibly  and  indelibly 
marked  in  not  less  than  12-point  extended 
Gothic  type  capitals  with  a  true  and 
accurate  statement  of, 

(i)  the  name  and  address  of  the  manu- 
facturer or  the  person  for  whom 
the   product   was   manufactured, 


Reg.  327 


FARM  PRODUCTS  GRADES  AND  SALES 


531 


(ii)  the  name  of  the  product  or  products 
contained  therein, 

(iii)  the  number  of  packages  contained 
therein,  and 

(iv)  the    net    volume   of   each    package 
contained   therein. 

(6)  No  person  shall  store  in  containers  or  cabinets 
used  for  the  storage  of  ice  cream  or  sherbet  any 
product  Hkely  to  be  detrimental  to  the  quality  or 
flavour  of  ice  cream  or  sherbet. 

(7)  Where  a  manufacturer  of  ice  cream  or 
sherbet  furnishes  a  container  or  cabinet  to  any 
person  for  the  purpose  of  storage  for  sale  of  ice 
cream  or  sherbet  of  his  manufacture  and  marks 
the  container  or  cabinet  legibly  and  conspicuously 
with  his  name  and  address,  no  person  shall  place  or 
store  in  the  container  or  cabinet  any  ice  cream  or 
sherbet  other  than  the  ice  cream  or  sherbet  of  that 
manufacture.     R.R.O.  1970,  Reg.  291,  s.  53. 

PACKING   AND   MARKING   OF  CONCENTRATED 
MILK   PRODUCTS   FOR   ANIMAL  AND   POULTRY   FOOD 

54. — (1)  All  packages  of  concentrated  milk  pro- 
ducts for  animal  and  poultry  food  purposes  shall  be 
legibly  and  indelibly  marked  with, 

(a)  the  name  of  the  product ; 

(b)  the  net  weight  of  the  product  expressed 
in  pounds ; 

(c)  the  name  and  address  of  the  manufacturer 
or  vendor ;  and 

(d)  the  words  "For  Animal  Food  Only". 

(2)  Marks  required  under  subsection  (1)  shall  be 
printed, 

(a)  for  packages  weighing  one  pound  or  more 
but  not  more  than  twenty-five  pounds, 
in  not  less  than  24-point  extended  Gothic 
type  capitals;  and 

(6)  for  packages  weighing  more  than  twenty- 
five  pounds,  in  not  less  than  60-point 
extended  Gothic  type  capitals. 

(3)  Marks  required  under  subsection  (1)  are  in  addi- 
tion to  marks  that  are  required  under  the  Feeds  Act 
(Canada).     R.R.O.  1970,  Reg.  291,  s.  54. 

ADVERTISING   OF   MILK    PRODUCTS 

55. — (1)  Every  person  who  advertises  creamery 
butter  or  skim  milk  powder  for  sale,  or  who  places 
a  placard  on  creamery  butter  or  skim  milk  powder 
for  the  purpose  of  sale,  within  Ontario,  shall  include 
in  the  advertisement  or  on  the  placard  the  grade 
name  of  the  creamery  butter  or  skim  milk  powder. 

(2)  Every  person  who  advertises  for  sale  within 
Ontario  any  dairy  butter,  whey  butter  or  skim  milk 


cheese  or  who  places  a  placard  on  dairy  butter, 
whey  butter  or  skim  milk  cheese  shall  describe  the 
product  as  "Dairy  Butter",  "Whey  Butter"  or 
"Skim  Milk  Cheese",  as  the  case  may  be.  R.R.O. 
1970,  Reg.  291,  s.  55. 


56.  No  person  shall  sell,  offer  for  sale,  have  in 
possession  for  sale  or  distribute  for  sale  for  purposes 
of  food  for  human  consumption  skim  milk  powder, 

(a)  that  when  graded  is  found  to  be  of  a 
quality  below  the  requirements  of  Canada 
Second  Grade  Skim  Milk  Powder; 

(b)  that  was  manufactured  in  a  plant  to  which 
a    registered    number    is    not    issued;    or 

(c)  that  is  not  manufactured  for  purposes  of 
human  consumption.  R.R.O.  1970,  Reg. 
291,  s.  56. 

57.  No  person  shall  sell,  offer  for  sale,  have  in 
possession  for  sale  or  distribute  for  sale  for 
purposes  of  food  for  human  consumption  butter- 
milk powder, 

(fl)  that  is  not  required  to  meet  the  standards 
for  buttermilk  powder  for  human  con- 
sumption ; 

{b)  that  was  manufactured  in  a  plant  to  which 
a    registered    number    is    not    issued;    or 

(c)  that  is  not  manufactured  for  purposes  of 
human  consumption.  R.R.O.  1970,  Reg. 
291,  s.  57. 

58.  No  person  shall  by  himself  or  through  the 
agency  of  any  other  person  incorporate  or  place  any 
foreign  substance  in  a  milk  product  during  or  after 
the  manufacture  of  the  product.  R.R.O.  1970,  Reg. 
291,  s.  58. 

59.  No  person  shall  mark  a  milk  product  or  the 
package  containing  a  milk  product  in  a  manner  that 
gives  false  information  in  respect  of  any  mark  required 
under  this  Regulation.     R.R.O.  1970,  Reg.  291,  s.  59. 

50.  A  milk  product,  having  a  composition  other 
than  as  provided  in  this  Regulation,  that  is  found 
on  the  premises  of  a  manufacturer,  wholesaler  or 
retailer,  shall  be  deemed  to  be  for  sale, 

(a)  if  the  milk  product  is  packaged  in  con- 
sumer-sized packages;  or 

(b)  if  the  product  is  in  bulk  or  in  packages  other 
than  consumer-sized  packages  and  is  not 
labelled  "Not  For  Sale".  R.R.O.  1970,  Reg. 
291,  s.  60. 

61.  An  inspector  upon  entering  any  premises  or 
conveyance  for  the  purposes  of  enforcing  the  Act  or  the 
regulations  shall  produce,  upon  request,  the  certificate 
of  his  appointment  to  the  person  in  charge  there- 
of.    R.R.O.  1970,  Reg.  291,  s.  61. 


Reg.  328 


FARM  PRODUCTS  GRADES  AND  SALES 


533 


REGULATION  328 


under  the  Farm  Products  Grades  and  Sales  Act 


FLUE-CURED  TOBACCO 

INTERPRETATION 

I.  In  this  Regulation, 

(a)  "colour"  means  the  colour  of  leaves  and 
includes  the  following  colour  classes : 

i.  Lemon  and  light  orange. 

ii.  Orange  and  light  mahogany, 
iii.   Dark  mahogany, 
iv.  Grey. 

V.  Green  in  lemon  and  light  orange, 
vi.  Green  in  orange  and  mahogany, 
vii.  Cherry  red; 

(b)  "cutter-leaf"  means  the  leaves  on  the  cutter 
side  of  the  leaf  group  of  a  tobacco  plant ; 

(c)  "cutters"  means  the  leaves  of  the  cutters 
group  grown  on  a  tobacco  plant,  above  the 
lugs  and  below  the  leaf,  that  are  thin  in  body ; 

(d)  "grey"  means  distinctly  grey ; 

(e)  "group"  means  a  division  of  tobacco  based 
on  the  position  of  the  leaves  on  a  tobacco 
plant  and  includes  the  groups, 

(i)  leaf, 

(ii)  cutters,  and 

(iii)  lugs; 

(/)  "leaf"  means  the  leaves  of  the  leaf  group 
grown  on  the  upper  part  of  a  tobacco  plant 
above  the  cutters; 

ig)  "lugs"  means  the  leaves  of  the  lugs  group 
grown  nearest  the  ground  on  a  tobacco 
plant ; 

(A)  "nondescript"  means  tobacco  leaves  that 
are, 

(i)  semi-cured, 

(ii)  wasted  to  the  extent  of  at  least  40 
per  cent  of  each  of  the  leaves,  or 

(iii)  crude,  decayed  or  ofl-type ; 


(t)  "quahty"  means  the  combination  of  the 
elements  of  smoothness,  maturity,  body, 
size,  finish  and  uniformity  of  tobacco  leaves 
and  includes  the  following  degrees  of 
quality: 

i.  Choice. 

ii.  Fine, 

iii.  Good, 

iv.  Fair. 

V.  Common, 

vi.  Very  common, 

vii.  Poor; 


(j)  "tobacco' 
type; 


means  tobacco  of  the  flue-cured 


(k)  "wrapper"  means  leaves  selected  from  the 
leaf  or  cutter  groups  that  are  ripe,  silky,  oily, 
firm,  of  good  tensile  strength,  elastic  and 
have  clear  finish  and  blending  fibres. 
R.R.O.  1970,  Reg.  292,  s.  1. 

2.  This  Regulation  applies  to  the  grading  and  the 
sale  of  flue-cured  tobacco  in  Ontario.  R.R.O.  1970, 
Reg.  292,  s.  2. 


3.  No  person  shall, 

(a)  sell  or  deliver  for  sale  to  a   first   buyer 
thereof ;  or 

{b)  buy  from  the  producer  thereof, 

any  flue-cured  tobacco,  unless  it  has  been  graded  and 
marked  in  accordance  with  the  Act  and  this  Regula- 
tion.    R.R.O.  1970,  Reg.  292,  s.  3. 


4. — ( 1 )  Where  tobacco  is  graded  under  the  Act  and 
this  Regulation,  the  person  who  grades  the  tobaccp 
shall  examine  the  tobacco  in  as  many  bales  of 
tobacco  on  a  pallet  as,  in  his  opinion,  are  necessary 
for  him  to  determine  the  grade  of  all  of  the 
tobacco  on  the  pallet  and  shall  affix  to  a  bale 
of  tobacco  on  the  pallet  a  tag  or  label  on  which  is 
legibly  marked  or  printed  the  grade  of  the  tobacco 
on  the  pallet. 


534 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  328 


(2)  No  person  shall  remove  from  a  bale  of  tobacco 
the  tag  or  label  affixed  under  subsection  (1)  without  the 
authority  of  an  inspector,  until  the  tobacco  has  been 
sold  and  delivered  to  the  first  buyer  of  the  tobacco. 
R.R.O.  1970,  Reg.  292,  s.  4. 


5.  In  the  grading  of  flue-cured  tobacco  regard  shall 
be  had  to, 

(a)  the   group   to    which    the   tobacco   leaves 
belong ; 

(b)  the  colour  of  the  tobacco  leaves ;  and 

(c)  the  quality  of  the  tobacco  leaves.     R.R.O. 
1970,  Reg.  292,  s.  5. 

6. — (1)  Where  tobacco  qualifies  as  wrapper,  the 
grade  mark  designating  the  grade  that  is  affixed  to  the 
bale  shall  be  followed  by  the  letter  A. 

(2)  Where  tobacco  is  leaf-spotted  severely,  severely 
hailed,  frosted,  reddened  by  reason  of  excess  moisture, 
scorched,  smoked,  severely  bruised  in  handling  dur- 
ing harvesting,  wet  or  severely  wind-damaged,  it 
may  be  graded  in  accordance  with  the  requirements 
of  the  grade  for  which  it  qualifies  otherwise,  but  the 
grade  mark  designating  the  grade  that  is  affixed  to  the 
bale  shall  be  followed, 

{a)  in  the  case  of  tobacco  leaf-spotted  severely, 
by  the  letter  D ; 

(6)  in  the  case  of  severely  hailed  tobacco,  by 
the  letter  H ; 

(c)  in  the  case  of  frosted  tobacco,  by  the  letter 
O; 


{d)  in  the  case  of  tobacco  reddened  by  reason  of 
excess  moisture,  by  the  letter  R ; 

(e)  in  the  case  of  scorched  tobacco,  by  the  letter 
S; 

(/)  in  the  case  of  smoked  tobacco,  by  the  letter 
T; 

(g)  in  the  case  of  tobacco  severely  bruised  in 
handling  during  harvesting,  by  the  letter  V ; 

(A)  in  the  case  of  wet  tobacco,  by  the  letter  W ; 
and 

(t)  in    the    case    of    severely    wind-damaged 
tobacco,   by   the  letter  Z. 

(3)  Each  letter  required  to  follow  a  grade  mark 
referred  to  in  subsections  (1)  and  (2)  shall  be  legibly 


marked  or  printed  and  shall  be  at  least  as  large  as  the 
letters  in  the  grade  mark. 

(4)  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 
the  letters  MH  at  least  two  inches  in  height. 

(5)  Subsection  (4)  does  not  apply  to  a  producer 
of  tobacco  who  notifies  the  person  in  charge  of 
grading  at  the  tobacco  auction  exchange  to  which 
he  delivers  his  tobacco,  not  later  than  the  time  of 
delivery  of  the  tobacco,  that  he  applied  maleic 
hydrazide  to  the  tobacco  durmg  the  growing  season. 

(6)  Where  tobacco  is  marked  in  accordance  with 
subsection  (4),  or  notice  is  given  in  accordance  with 
subsection  (5),  the  tobacco  shall  not  be  included  in 
any  grade  under  section  8  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  followed  by  the  letters  MH  legibly 
marked  or  printed  and  at  least  as  large  as  letters 
in  the  marking. 

(7)  Notwithstanding  section  3,  tobacco  marked  in 
accordance  with  subsections  (4),  (5)  and  (6)  of  this 
section  may  be  sold  or  delivered  to  the  first  buyer 
thereof.     R.R.O.  1970,  Reg.  292,  s.  6. 

7. — (1)  Where  tobacco  is  damaged  by  mould  after 
being  cured,  it  shall  not  be  included  in  any  tobacco 
graded  under  section  8. 

(2)  Where  bits  of  broken  tobacco  leaves  and  stems 
result  from  handling  tobacco,  they  shall  not  be 
included  in  any  tobacco  graded  under  section  8. 

(3)  Bits  of  broken  tobacco  leaves  gathered  from  a 
warehouse  floor  and  free  from  foreign  material  may  be 
graded  as  scrap  and  so  marked.  R.R.O.  1970,  Reg. 
292,  s.  7. 

8.  The  grades  for  flue-cured  tobacco  are  as  follows : 
1.   BLl  grade,  consisting  of  cutter-leaf  that  is, 

(a)  in  lemon  and  light  orange  colours;  and 

(b)  of  choice  quality,  having  the  following 
characteristics: 

i.   Ripe. 

ii.  Very  smooth  and  very  good  tex- 
ture. 

iii.   Medium  body  and  size. 

iv.  True  finish. 

V.   Uniform. 


Reg.  328 


FARM  PRODUCTS  GRADES  AND  SALES 


535 


2.  BL2  grade,  consisting  of  cutter-leaf  that  is, 

(a)  in  lemon  and  light  orange  colours;  and 

(b)  of    fine    quality,    having    the    following 
characteristics : 

i.   Ripe. 

ii.  Smooth  and  good  texture, 
iii.  Medium  body  and  size, 
iv.  Fairly  true  finish. 

V.  Fairly  uniform. 

3.  BL3  grade,  consisting  of  leaf  that  is, 

(a)  in  lemon  and  light  orange  colours;  and 

(b)  of  good   quality,   having   the   following 
characteristics: 

i.  Ripe. 

ii.  Fairly  smooth  and  fairly  good  tex- 
ture. 

iii.  Medium  body  and  size. 

iv.  Good  finish. 

V.  Slightly  variable. 

4.  BL4  grade,  consisting  of  leaf  that  is, 

(a)  in  lemon  and  light  orange  colours,  of  fairly 
true  colour  shades ;  and 

(b)  of    fair   quality,    having    the    following 
characteristics : 

i.  Fairly  ripe. 

ii.  Fair  texture. 

iii.  Medium  body,  some  variation  in 
size. 

iv.  Fair  finish. 

V.  Slightly  variable. 

5.  BL5  grade,  consisting  of  leaf  that  is, 

(a)  in  variable  shades  of  lemon  and  light 
orange  colours ;  and 

(6)  of  common  quality,  having  the  following 
characteristics : 

i.  Fairly  ripe, 
ii.  Fairly  poor  texture. 


iii.  Medium  body,  some  variation  in 
size. 

iv.   Fairly  poor  finish. 

V.  Variable. 

6.  BL6  grade,  consisting  of  leaf  that  is, 

(a)  in  variable  shades  of  lemon  and  light 
orange  colours ;  and 

(6)  of   poor   quality,   having   the   following 
characteristics : 

i.   Fairly  ripe. 

ii.  Poor  texture, 
iii.  Medium  body, 
iv.   Poor  finish. 

V.  Quite  variable. 

7.  BF2  grade,  consisting  of  leaf  that  is, 

(a)  in    dark    orange    and    light    mahogany 
colours ;  and 

(b)  of   fine    quality,    having   the    following 
characteristics : 

i.  Ripe. 

ii.  Smooth  and  good  texture, 
iii.  Medium  body  and  size, 
iv.  Fairly  true  finish. 

V.  Fairly  uniform. 

8.  BF3  grade,  consisting  of  leaf  that  is, 

(a)  in    dark    orange    and    light    mahogany 
colours ;  and 

(b)  of  good  quality,   having  the  following 
characteristics : 

i.  Ripe. 

ii.  Fairly   smooth    and   fairly   good 
texture. 

iii.  Medium  body  and  size. 

iv.  Good  finish. 

V.  Slightly  variable. 

9.  BF4  grade,  consisting  of  leaf  that  is, 

(a)  in    dark    orange    and    light    mahogany 
colours  of  fairly  true  colour  shade ;  and 


536 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  328 


(b)  of    fair    quality,    having    the    following 
characteristics : 

i.  Fairly  ripe. 

ii.  Fair  texture. 

iii.  Medium  to  heavy  body,  some  vari- 
ation in  size. 

iv.  Fair  finish. 

v.  Slightly  variable. 

10.  BF5  grade,  consisting  of  leaf  that  is, 

(a)  in  variable  shades  of  dark  orange  and  light 
mahogany  colours ;  and 

(b)  of  common  quality,  having  the  following 
characteristics : 

i.  Fairly  ripe. 

ii.  Coarse  texture. 

iii.  Medium    to    heavy    body,    some 
variation  in  size. 

iv.  Fairly  poor  finish. 

V.  Variable. 

1 1 .  BF6  grade,  consisting  of  leaf  that  is, 

(a)  in  variable  shades  of  dark  orange  and  light 
mahogany  colours ;  and 

(b)  of  poor  quality,   having  the  following 
characteristics : 

i.  Range  of  ripeness. 

ii.  Very  coarse  texture, 
iii.  Medium  to  heavy  body, 
iv.  Very  poor  finish. 

V.  Quite  variable. 

12.  BM4  grade,  consisting  of  leaf  that  is, 

(a)  in  dark  mahogany  colours  of  fairly  true 
colour  shade ;  and 

(6)  of   fair   quality,    having   the    following 
characteristics : 

i.  Fairly  ripe. 

ii.  Fair  texture. 

iii.  Medium    to    heavy    body,    some 
variation  in  size. 


iv.  Fair  finish. 
V.  Slightly  variable. 
13.  BM5  grade,  consisting  of  leaf  that  is, 

(a)  in   variable  shades  of  dark   mahogany 
colours ;  and 

(b)  of  common  quality,  having  the  following 
characteristics : 

i.  Fairly  ripe. 

ii.  Coarse  texture. 

iii.  Medium  to  heavy  body,  some  vari- 
ation in  size. 

iv.  Fairly  poor  finish. 

V.  Variable. 

14.     BM6  grade,  consisting  of  leaf  that  is, 

(a)  in   variable  shades  of  dark   mahogany 
colours ;  and 

(b)  of  poor  quality,   having  the   following 
characteristics : 

i.  Range  of  ripeness. 

ii.  Very  coarse  texture, 
iii.   Medium  to  heavy  body, 
iv.  Very  poor  finish. 

V.  Quite  variable. 

15.  BK3  grade,  consisting  of  leaf  that  is, 

(a)  in  shades  of  grey  colour ;  and 

(b)  of  good  quality,   having  the  following 
characteristics : 

i.  Ripe. 

ii.  Fairly  smooth  and  fairly  good  tex- 
ture. 

iii.  Medium  body  and  size. 

iv.  Good  finish. 

V.  Slightly  variable. 

16.  BK4  grade,  consisting  of  leaf  that  is, 

(a)  in  shades  of  grey  colour ;  and 

(b)  of    fair    quality,    having    the    following 
characteristics : 


Reg.  328 


FARM  PRODUCTS  GRADES  AND  SALES 


537 


i.  Fairly  ripe. 

ii.  Fair  texture. 

iii.  Medium  to  heavy  body,  some  vari- 
ation in  size. 

iv.  Fair  finish. 

V.  Slightly  variable. 

17.  BK5  grade,  consisting  of  leaf  that  is, 

(a)  in  shades  of  grey  colour ;  and 

(b)  of  common  quality,  having  the  following 
characteristics : 

i.  Fairly  ripe. 

ii.  Coarse  texture. 

iii.  Medium  to  heavy  body,  some  vari- 
ation in  size. 

iv.  Fairly  good  finish. 

V.  Variable. 

18.  BK6  grade,  consisting  of  leaf  that  is, 

(a)  in  shades  of  grey  colour ;  and 

(b)  of   poor  quality,   having  the  following 
characteristics : 

i.  Range  of  ripeness. 

ii.  Very  coarse  texture, 

iii.  Medium  to  heavy  body, 

iv.  Very  poor  finish. 

v.  Quite  variable. 

19.  BGL3  grade,  consisting  of  leaf  that  is, 

(a)  in  lemon  colour  with  light  green  veins; 
and 

(b)  of  good  quality,  having  the  following 
characteristics : 

i.  Fairly  smooth  and  fairly  good  tex- 
ture. 

ii.  Medium  body  and  size. 

iii.  Good  finish. 

iv.  Slightly  variable. 


20.  BGL4  grade,  consisting  of  leaf  that  is, 

(a)  in  lemon  colour  with  green  veins  and 
shoulders ;  and 

(6)  of    fair   quality,    having    the    following 
characteristics : 

i.  Fair  texture. 

ii.  Medium  body,  some  variation  in 
size. 

iii.  Fair  finish. 

iv.  Slightly  variable. 

21.  BGL5  grade,  consisting  of  leaf  that  is, 

(a)  in  lemon  and  hght  green  colour ;  and 

(b)  of  common  quality,  having  the  following 
characteristics : 

i.  Fairly  poor  texture. 

ii.  Medium  body,  some  variation  in 
size. 

iii.  Fairly  poor  finish. 

iv.  Variable. 

22.  BGL6  grade,  consisting  of  leaf  that  is, 

(a)  in  lemon  green  colour;  and 

(b)  of  poor  quality,   having  the  following 
characteristics : 

i.  Poor  texture. 

ii.  Medium  body. 

iii.  Poor  finish. 

iv.  Quite  variable. 

23.  BGF3  grade,  consisting  of  leaf  that  is, 

(a)  in    dark    orange    and    light    mahogany 
colours  with  light  green  veins;  and 

{b)  of  good  quality,   having  the  following 
characteristics : 

i.  Fairly  smooth  and  fairly  good  tex- 
ture. 

ii.  Medium  body  and  size. 

iii.  Good  finish. 

iv.  Slightly  variable. 


538 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  328 


24.  BGF4  grade,  consisting  of  leaf  that  is, 

(a)  in  dark  orange  and  light  mahogany 
colours  with  green  veins ;  and 

(b)  of  fair  quality,  having  the  following 
characteristics : 

i.  Fair  texture. 

ii.   Medium  to  heavy  body,  some  vari- 
ation in  size. 

iii.  Fair  finish. 

iv.  Slightly  variable. 

25.  BGF5  grade,  consisting  of  leaf  that  is, 

(a)  in  variable  shades  of  dark  orange  and 
mahogany  colours  with  heavy  green 
veins  and  shoulders ;  and 

(b)  of  common  quality,  having  the  following 
characteristics : 

i.  Coarse  texture. 

ii.  Medium    to    heavy    body,    some 
variation  in  size. 

iii.  Fairly  poor  finish. 

iv.  Variable. 

26.  BGF6  grade,  consisting  of  leaf  that  is, 

(a)  in  dark  colours  with  considerable  amount 
of  green  colour ;  and 

(b)  of  poor  quality,  having  the  following 
characteristics : 

i.  Very  coarse  texture. 

ii.  Medium  to  heavy  body. 

iii.  Poor  finish. 

iv.  Quite  variable. 

27.  BGR  grade,  consisting  of  leaf  that  is  cherry 
red  in  colour. 

28.  CLl  grade,  consisting  of  cutters  that  are, 

(a)  in  lemon  colour ;  and 

(b)  of  choice  quahty,  having  the  following 
characteristics : 

i.  Thoroughly  ripe. 

ii.  Very  silky  and  fine  texture. 


iii.  Thin  body  and  medium  size, 
iv.  True  finish. 
V.   Uniform. 
vi.   Blending  fibres. 

29.  CL2  grade,  consisting  of  cutters  that  are, 

(a)  in  lemon  and  light  orange  colours ;  and 

(b)  of    fine    quality,    having    the    following 
characteristics: 

i.  Ripe. 

ii.  Silky  and  fairly  fine  texture, 
iii.  Thin  body  and  medium  size, 
iv.  Fairly  true  finish. 

v.  Fairly  uniform. 

30.  CL3  grade,  consisting  of  cutters  that  are, 

(a)  in  lemon  and  light  orange  colours ;  and 

(b)  of  good  quality,   having  the  following 
characteristics : 

i.  Ripe. 

ii.  Soft  and  fairly  good  texture, 
iii.  Thin  body  and  medium  size, 
iv.  Good  finish. 

V.  Slightly  variable. 

31.  CL4  grade,  consisting  of  cutters  that  are, 

(a)  in  lemon  and  light  orange  colours  of  fairly 
true  colour  shade ;  and 

(b)  of    fair    quality,    having    the    following 
characteristics : 

i.  Fairly  ripe. 

ii.  Smooth  and  fair  texture, 
iii.  Thin  body,  some  variation  in  size, 
iv.   Fair  finish. 

V.  Slightly  variable. 

32.  CL5  grade,  consisting  of  cutters  that  are, 

(a)  in   variable  shades  of  lemon   and  light 
orange  colours ;  and 


Reg.  328 


FARM  PRODUCTS  GRADES  AND  SALES 


539 


(b)  of  common  quality,  having  the  following 
characteristics : 

i.  Fairly  ripe. 

ii.  Fairly  poor  texture. 

iii.  Thin  body,  some  variation  in  size. 

iv.  Fairly  f)oor  finish. 

V.  Variable. 

33.  CL6  grade,  consisting  of  cutters  that  are, 

(a)  in  variable  shades  of  lemon  and  light 
orange  colours ;  and 

(b)  of  poor  quality  and  having  the  following 
characteristics : 

i.  Fairly  ripe. 

ii.  Poor  texture, 
iii.  Thin  body, 
iv.  Poor  finish. 

V.  Quite  variable. 

34.  CF2  grade,  consisting  of  cutters  that  are, 

(a)  in  medium  and  dark  orange  colours ;  and 

(b)  of   fine    quality,    having    the    following 
characteristics : 

i.  Ripe. 

ii.  Silky  and  fairly  fine  texture, 
iii.  Thin  body  and  medium  size, 
iv.  Fairly  true  finish. 

V.  Fairly  uniform. 

35.  CF3  grade,  consisting  of  cutters  that  are, 

(a)  in  medium  and  dark  orange  colours;  and 

(b)  of  good  quality  and  having  the  following 
characteristics : 

i.  Ripe. 

ii.  Soft  and  fairly  good  texture, 

iii.  Thin  body  and  medium  size, 

iv.  Good  finish. 

V.  Slightly  variable. 


36.  GF4  grade,  consisting  of  cutters  that  are, 

(a)  in  dark  orange  colour ;  and 

(6)  of   fair    quality,    having    the    following 
characteristics : 

i.  Ripe. 

ii.  Smooth  and  fair  texture. 

iii.  Thin  body,  some  variation  in  size. 

iv.  Fair  finish. 

V.  Slightly  variable. 

37.  CF5  grade,  consisting  of  cutters  that  are, 

(a)  in  variable  shades  of  dark  orange  and  light 
mahogany  colours ;  and 

(6)  of  common  quality,  having  the  following 
characteristics : 

i.  Fairly  ripe. 

ii.  Fairly  poor  texture, 
iii.  Thin  body,  some  variation  in  size, 
iv.   Fairly  poor  finish. 

V.  Variable. 

38.  CF6  grade,  consisting  of  cutters  that  are, 

(a)  in  variable  shades  of  dark  orange  and  light 
mahogany  colours ;  and 

(b)  of  poor  quality,   having  the  following 
characteristics : 

i.  Fairly  ripe. 

ii.  Poor  texture, 
iii.  Thin  body, 
iv.  Poor  finish. 

V.  Variable. 

39.  CK4  grade,  consisting  of  cutters  that  are, 

(a)  in  shades  of  grey  colour ;  and 

(b)  of    fair   quality,    having    the    following 
characteristics : 

i.  Ripe. 

ii.  Soft  and  fairly  good  texture. 

iii.  Thin  body  and  medium  size. 


540 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  328 


iv.  Good  finish. 
V.  Slightly  variable. 

40.  CK5  grade,  consisting  of  cutters  that  are, 

(a)  in  shades  of  grey  colour ;  and 

(b)  of  common  quaUty,  having  the  following 
characteristics : 

i.  Fairly  ripe. 

ii.   Fairly  poor  texture, 
iii.  Thin  body,  some  variation  in  size, 
iv.  Fairly  poor  finish. 

V.  Variable. 

41.  CK6  grade,  consisting  of  cutters  that  are, 

(a)  in  shades  of  grey  colour ;  and 

(b)  of  poor  quality,   having  the   following 
characteristics : 

i.  Fairly  ripe. 

ii.  Poor  texture, 
iii.  Thin  body, 
iv.  Poor  finish. 

v.  Variable. 

42.  CGL3  grade,  consisting  of  cutters  that  are, 

(a)  in  lemon  colour  with  light  green  veins ;  and 

(b)  of  good  quality,   having  the  following 
characteristics : 

i.  Soft  and  fairly  good  texture. 

ii.  Thin  body  and  medium  size, 
iii.  Good  finish, 
iv.  Slightly  variable. 

43.  GGL4  grade,  consisting  of  cutters  that  are, 

(a)  in  lemon  and  orange  colours  with  green 
veins  and  shoulders ;  and 

(6)  of    fair   quality,    having    the    following 
characteristics : 

i.  Smooth  and  fair  texture. 

ii.  Thin  body,  some  variation  in  size. 


iii.  Fair  finish. 

iv.  Slightly  variable. 

44.  (COLS  grade,  consisting  of  cutters  that  are, 

(a)  in  lemon  and  orange  colours  with  a  green 
cast ;  and 

(b)  of  common  quahty,  having  the  following 
characteristics : 

i.  Fairly  poor  texture. 

ii.  Thin  body,  some  variation  in  size. 

iii.  Fairly  poor  finish, 
iv.  Variable. 

45.  CGL6  grade,  consisting  of  cutters  that  are, 

(a)  in  lemon  green  colour  of  pale  shades ;  and 

(b)  of  poor  quality,  having  the  following 
chaVacteristics : 

i.  Immature. 

ji.  Poor  texture, 

jji.  Poor  finish, 

iv.  Quite  variable. 

46.  CGF4  grade  consisting  of  cutters  that  are, 

(a)  in  dark  orange  colour  with  green  veins; 
and 

(b)  pf  fair  quality,  having  the  following 
characteristics: 

i.  Fair  texture. 

ii.  Thin  body,  some  variation  in  size. 

iii.  Fair  finish. 

iv.  Slightly  variable. 

47.  .CGF5  grade,  consisting  of  cutters  that  are, 

(a)  in  variable  shades  of  dark  orange  and  light 
mahogany  colours  with  heavy  green 
veins  and  shoulders;  and 

(b)  of  common  quality,  having  the  following 
characteristics : 

i.  Fairly  poor  texture. 

ii.  Thin  body,  some  variation  in  size. 


Reg.  328 


FARM  PRODUCTS  GRADES  AND  SALES 


541 


iii.  Fairly  j)oor  finish, 
iv.  Variable. 
48.  CGF6  grade,  consisting  of  cutters  that  are, 

(a)  in  variable  shades  of  dark  orange  and  light 
mahogany  colours  with  considerable 
amount  of  green  colour ;  and 

(b)  of  f>oor  quality,  having  the  following 
characteristics : 

i.  Immature. 

ii.  Poor  texture, 

iii.  Thin  body, 

iv.  Poor  finish. 

V.  Variable. 


49.  CCR  grade,  consisting  of  cutters  that  are 
cherry  red  in  colour. 


50.  XL2  grade,  consisting  of  lugs  that  are, 

(a)  in  lemon  to  light  orange  colours;  and 

(6)  of   fine   quality,    having    the   following 
characteristics : 

i.  Ripe. 

ii.  Smooth   and   good    texture, 
iii.  Thin  to  medium  body, 
iv.  True  finish. 

V.  Uniform  and  sound, 
vi.  Grainy  with  open  weave. 

51 .  XLS  grade,  consisting  of  lugs  that  are, 

(a)  in  lemon  to  light  orange  colours ;  and 

(b)  of  good  quality,  having  the  following 
characteristics : 

i.  Ripe. 

ii.  Fairly  good  texture, 

iii.  Thin  to  medium  body, 

iv.  Good  finish. 

V.  Slightly  variable. 


52.  XL4  grade,  consisting  of  lugs  that  are, 

(a)  in  lemon  and  light  orange  colours ;  and 

(b)  of    fair   quahty,    having    the    following 
characteristics  ; 

i.  Fairly  ripe. 

ii.  Fair  texture, 
iii.  Thin  to  medium  body, 
iv.  Fair  finish. 

V.  Slightly  variable. 

53.  XL5  grade,  consisting  of  lugs  that  are, 

(a)  in  light  orange  colour  but  may  have  dusky 
colour  shades ;  and 

{b)  of  common  quahty,  having  the  following 
characteristics : 

i.  Fairly  ripe. 

ii.  Fairly  poor  texture. 

iii.  Thin  to  medium  body. 

iv.  Fairly  poor  finish. 

V.  Variable  and  may  be  trashy. 

54.  XL6  grade,  consisting  of  lugs  that  are, 

(a)  in  orange  colour  having  dusky  shades; 
and 

(i)  of   poor   quality,   having   the   following 
characteristics : 

i.  Fairly  ripe. 

ii.  Poor  texture. 

iii.  Thin  body. 

iv.  Poor  finish. 

V.  Quite  variable  and  may  be  very 
trashy. 

55.  XF3  grade,  consisting  of  lugs  that  are, 

(a)  in  dark  orange  colour;  and 

(6)  of  good  quality,   having  the  following 
characteristics : 

i.  Ripe. 

ii.  Fairly  good  texture. 


542 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  328 


iii.  Thin  to  medium  body, 
iv.  Good  finish. 
V.  Shghtly  variable. 

56.  XF4  grade,  consisting  of  lugs  that  are, 

(a)  in  dark  orange  colour ;  and 

(b)  of    fair    quahty,    having    the    following 
characteristics : 

i.   Fairly  ripe. 

ii.   Fair  texture, 
iii.  Thin  to  medium  body, 
iv.   Fair  finish. 

V.  Slightly  variable. 

57.  XF5  grade,  consisting  of  lugs  that  are, 

(a)  in  dark  orange  and  dusky  colours ;  and 

(b)  of  common  quality,  having  the  following 
characteristics : 

i.  Fairly  ripe. 

ii.   Fairly  poor  texture, 
iii.  Thin  to  medium  body, 
iv.  Fairly  poor  finish. 

V.  Variable  and  may  be  fairly  trashy. 

58.  XF6  grade,  consisting  of  lugs  that  are, 

(a)  in  dark  orange  and  dusky  colours ;  and 

(b)  of   poor   quality,    having   the   following 
characteristics : 

i.  Fairly  ripe. 

ii.  Poor  texture. 

iii.  Thin  body. 

iv.  Poor  finish. 

V.  Quite  variable  and  may  be  very 
trashy. 

59.  XK4  grade,  consisting  of  lugs  that  are, 

(a)  in  shades  of  grey  colour ;  and 

{b)  of    fair    quahty,    having    the    following 
characteristics : 


i.  Fairly  ripe. 

ii.   Fair  texture, 
iii.  Thin  to  medium  body, 
iv.   Fair  finish. 

V.  Slightly  variable. 

60.  XK5  grade,  consisting  of  lugs  that  are, 

(a)  in  shades  of  grey  colour ;  and 

(b)  of  common  quality,  having  the  following 
characteristics: 

i.   Fairly  ripe. 

ii.   Fairly  poor  texture, 
iii.  Thin  to  medium  body, 
iv.   Fairly  poor  finish. 

V.   Variable  and  may  be  fairly  trashy. 

61.  XK6  grade,  consisting  of  lugs  that  are, 

(a)  in  shades  of  grey  colour ;  and 

(b)  of   poor   quality,    having   the   following 
characteristics : 

i.  Fairly  ripe. 

ii.  Poor  texture. 

iii.  Thin  body. 

iv.  Poor  finish. 

V.  Quite  variable  and  may  be  very 
trashy. 

62.  XGL5  grade,  consisting  of  lugs  that  are, 

(a)  in  lemon  and  light  orange  colours  with  a 
green  cast ;  and 

(b)  of  common  quality,  having  the  following 
characteristics : 

i.  Fairly  poor  texture. 

ii.  Thin  to  medium  body, 
iii.  Fairly  poor  finish. 
iv.   Variable  and  may  be  trashy. 

63.  XGL6  grade,  consisting  of  lugs  that  are, 

(a)  in  orange  colour  with  a  green  cast ;  and 


Reg.  328 


FARM  PRODUCTS  GRADES  AND  SALES 


543 


(b)  of   poor   quality,    having   the   following 
characteristics : 

i.   Poor  texture. 

ii.  Thin  body. 

iii.   Poor  finish. 

iv.  Quite  variable  and  may  be  very 
trashy. 

64.  XCR  grade  consisting  of  lugs  that  are  cherry 
red  in  colour. 

65.  NDL  grade,  consisting  of  nondescript  that  is, 

(a)  in  light  colour;  and 

(6)  of  a  quality  not  meeting  the  requirements 
of  BL6,  CL6  or  XL6  grades. 

66.  NDF  grade,  consisting  of  nondescript  that  is, 

(a)  in  dark  colours ;  and 

(b)  of  a  quality  not  meeting  the  requirements 
of  BF6,  CF6  or  XF6  grades. 


67.  NDM  grade,  consisting  of  nondescript  that  is, 

(a)  in  dark  mahogany  colours ;  and 

(b)  of  a  quality  not  meeting  the  requirements 
of  BM6  grade. 

68.  NDK  grade,  consisting  of  nondescript  that  is, 

(a)  in  grey  shades ;  and 

(b)  of  a  quality  not  meeting  the  requirements 
of  BK6,  CK6  or  XK6  grades. 

69.  NDG  grade,  consisting  of  nondescript  that  is, 

(a)  in  green  shades ;  and 

(b)  of  a  quality  not  meeting  the  requirements 
of  BGF6  or  CGF6  grades. 

R.R.O.  1970,  Reg.  292,  s.  8. 


Reg.  329 


FARM  PRODUCTS  GRADES  AND  SALES 


545 


REGULATION  329 


under  the  Farm  Products  Grades  and  Sales  Act 


FRUIT— CONTROLLED-ATMOSPHERE 
STORAGE 

1.  In  this  Regulation, 

(a)  "Director"  means  the  Director  of  the  Farm 
Products  Quality  Branch  of  the  Ministry  of 
Agriculture  and  Food; 

(b)  "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 ; 

(c)  "official  seal"  means  a  seal  provided  by  an 
inspector  and  affixed  by  him  to  the  loading 
door  of  a  compartment  in  a  controlled- 
atmosphere  storage  plant  so  that  the  door 
cannot  thereafter  be  opened  without  break- 
ing the  officicd  seal ; 

(d)  "operator"  means  an  operator  of  a  controlled- 
atmosphere  storage  plant.  O.  Reg.  051/75, 
s.  1,  revised. 

2. — (1)  An  application  for  a  licence  or  a  renewal  of  a 
licence  as, 

(a)  an  operator;  or 

(6)  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)  forapacker,  $2.     O.  Reg.  659/80,  s.  I, part. 

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-atmosphere  fruit,  the  operator, 


(a)  notifies  the  Farm  Products  Quality  Branch  of 
the  Ministry  of  Agriculture  and  Food  within 
120  hours  of  every  mechanical  sealing; 

(b)  controls  the  oxygen  content  of  the  air  in 
each  sealed  compartment  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  com- 
partment in  which  fruit  is  stored  for  a 
storage  j)eriod  of  at  least  ninety  con- 
secutive days ; 

(d)  does  not  at  any  time  break  or  permit 
to  be  broken  an  official  seal  other  than 
where, 

(i)  he  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)  he  has  first  obtained  the  permission  of 
an  inspector  and  the  storage  period 
referred  to  in  clause  (c)  has  been  com- 
pleted; 

(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; 

(/)  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  his  agent  or  an  inspector; 
and 

{h)  marks  immediately  on  each  container 
of  controlled-atmosphere  fruit  removed 
from  a  sealed  compartment  for  delivery 
to  a  licensed  packer, 

(i)  the  words  "controlled  atmosphere" 
immediately  preceding  the  name  of 
the  kind  of  fruit,  and 

(ii)  the  number  of  his  licence  as  an 
operator  in  Form  2.  O.  Reg.  951/75, 
s.  4  (1);  O.  Reg.  778/79,  s.  1  (1,  2). 


546 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  329 


(2)  Where  an  operator  has  complied  with  clause  (1) 
(b)  with  respect  to  any  compartment,  an  official  seal 
shall  be  affixed  to  the  loading  door  of  the  compart- 
ment.    O.  Reg.  951/75,  s.  4  (2). 

(3)  An  inspector  may  require  that  an  operator  carry 
out  adjustments  to  the  mechanical  sealing  of  a  com- 
partment in  order  to  affix  the  official  seal.     O.  Reg. 

778/79,  s.  1  (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  S  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 

(f )  the  total  storage  time  commencing  with  the 
time  of  compliance  with  clause  3  (1)  (b)  is  not 
less  than  100  consecutive  days.  O.  Reg. 
951/75,  s.  5;  O.  Reg.  778/79,  s.  2. 

5.  Where  the  holder  of  a  licence  in  Form  2  repacks 
controlled-atmosphere  fruit,  he  may  mark  immediately 
on  each  container  into  which  he  repacks  the  fruit, 

(a)  the  words  "controlled-atmosphere"  or  the 
designation  "C.A."  or  any  other  words  or 
designation  indicating  that  the  fruit  is  con- 
trolled-atmosphere fruit  immediately  pre- 
ceding the  name  of  the  kind  of  fruit;  and 


{b)  the  number  of  his  licence. 

s.  2. 


O.  Reg.  659/80, 


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  "controlled-atmosphere"  or  the  desig- 
nation "C.A."  or  any  other  words  or  designation  indi- 
cating 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-atmos- 
phere" 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  "controlled-atmosphere"  or  the  desig- 
nation "C.A."  or  any  other  words  or  designation  indi- 
cating that  the  fruit  is  controlled-atmosphere  fruit,  a 
number  other  than  the  number  of  his  licence.  O.  Reg. 
659/80,  s.  3. 


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  con- 
tainer in  such  manner  that  the  marks  are 
plainly  legible  through  the  container. 
O.  Reg.  951/75,  s.  8. 

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  packing  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.     O.  Reg.  951/75,  s.  9. 


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, 

Farm  Products  Quality  Branch, 
Ministry  of  Agriculture  and  Food 

The  undersigned  applies  to  the  Director,  Farm  Prod- 
ucts Quality  Branch,  for  a  licence  as 

(     )  AN     OPERATOR    OF     A     CONTROLLED- 
ATMOSPHERE  STORAGE  PLANT,  or  as 

(     )  A     PACKER     OF     CONTROLLED-ATMOS- 
PHERE FRUIT. 

(Please  mark  class  of  licence  applied  for) 


(name  of  applicant  and  business  name,  if  any,  under 
which  applicant  operates — please  type  or  print 
plainly) 


2:  Address  of  Applicant 


(street  and  number) 


Reg.  329 


FARM  PRODUCTS  GRADES  AND  SALES 


547 


(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, 
Farm  Products  Quality  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 day  of 

19 


(signature  of  applicant) 


By: 


(title  of  official  signing  if  a  corporation) 
O.  Reg.  659/80,  s.  4. 


Form  2 

Farm  Products  Grades  and  Sales  Act 

Under  the  Farm  Products  Grades  and  Sales  Act  and 
the  regulations,  and  subject  to  the  limitations  thereof, 
this  licence  is  issued  to 

(name) 

(address) 
as 

(     )  an  operator  of  a  controlled-atmosphere  storage 
plant 

(     )  a  packer  of  controlled-atmosphere  fruit 

This  licence  expires  with   the  31st  day  of  August, 
19 


Dated  at  Toronto,  this . . .  .day  of 


19. 


(Director) 

O.  Reg.  659/80,  s.  5. 


Reg.  330 


FARM  PRODUCTS  GRADES  AND  SALES 


549 


REGULATION  330 


under  the  Farm  Products  Grades  and  Sales  Act 
GRADES  FOR  BEEF  CARCASSES 
1.  In  this  Regulation, 


(a)  "brand"  means  an  imprint  described  in 
Schedule  2; 

(b)  "carcass"  means  a  carcass  of  beef  but  does 
not  include, 

(i)  the  hide, 

(ii)  that  portion  of  the  head  and  neck 
forward  of  the  first  cervical  joint, 

(iii)  that  part  of  the  fore-shank  below 
the  knee  joint  and  that  part  of  the 
hind-shank  below  the  hock  joint, 

(iv)  the  alimentary  canal,  liver,  kidneys, 
spleen,  genital  tract  and  genitalia, 
mammary  system,  heart  and  lungs, 

(v)  the  membranous  portion  of  the  dia- 
phragm and  pillar  of  the  diaphragm, 

(vi)  the  spinal  cord, 

(vii)  channel  fat,  kidney  fat,  pelvic  fat, 
heart  fat,  cod  fat  and  udder  fat, 

(viii)  the  tail  posterior  to  the  first  coccy- 
geal vertebra,  or 

(ix)  any  portion  of  the  carcass  the 
removal  of  which  is  required  under 
the  Meat  Inspection  Act  (Canada) 
or  the  Meat  Inspection  Act  (Ontario) 
or  any  regulations  made  thereunder; 

(c)  "carcass  of  beef"  means  the  carcass  of  an 
animal  of  the  bovine  species  that  has  been 
slaughtered  and  dressed  as  beef; 

id)  "Commissioner"  means  the  Live  Stock 
Commissioner; 

(e)  "district  supervisor"  means  a  District 
Supervisor  of  the  Livestock  Division  of 
the  Department  of  Agriculture  of  Canada; 

(/)  "establishment"  means  any  estabUshment 
registered  under  the  Meat  Inspection  Act 
(Canada),  the  Beef  Carcass  Grading  Regu- 
lations under  the  Canada  Agricultural 
Products  Standards  Act  or  the  Meat  Inspec- 
tion Act  (Ontario); 


is)  "grader"  means  a  grader  assigned  to  an 
establishment  for  the  purpose  of  grading 
carcasses ; 


(h)  "inspector"  means  an  inspector  appointed 
under  the  Act; 

(i)  "knife-ribbed"  means  to  cut  the  side  of  a 
carcass  midway  between  the  eleventh  and 
twelfth  ribs,  beginning  at  the  backbone, 
continuing  towar^is  the  plate  side  and  sever- 
ing the  costal  cartillages  but  not  severing 
the  backbone; 

(j)  "operator"  means  a  person  op»erating  an 
establishment.    O.  Reg.  804/75,  s.  1. 

2.  Carcasses  are  designated  as  farm  products. 
O.  Reg.  804/75,  s.  2. 

3.  The  following  grade  names  for  carcasses  and 
the  grades  and  standards  therefor,  established  under 
the  Canada  Agricultural  Products  Standards  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  CL 

10.  Canada  C2. 

11.  Canada  Dl. 

12.  Canada  D2. 

13.  Canada  D3. 

14.  Canada  D4. 

15.  Canada  E.     O.  Reg.  804/75,  s.  3. 
4. — (1)  No  carcass  shall  be  graded, 

(a)  by  a  person  other  than  a  grader; 


550 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  330 


(b)  at  a  place  other  than  an  establishment; 

(c)  unless  the  grader  is  provided  with  a  suffi- 
cient number  of  efficient  helpers  to  assist 
him  in  his  duties ; 

(d)  if  the  grader  is  of  the  opinion  that  he 
does  not  have  freedom  from  interference 
in  carrying  out  his  duties; 

(e)  unless  the  carcass  is  from  an  animal 
slaughtered  in  the  establishment  where  it 
is  to  be  graded;  and 

(/)  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  presented  to  him  for  grading  during 
reasonable  hours  mutually  agreed  upon  between  the 
operator  and  the  district  supervisor.  O.  Reg.  804/75, 
s.  4. 

5. — (1)  No  carcass  shaU  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  carcass. 

(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)  An  operator  may  require  that  a  carcass  clcissi- 
fied  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  carcass  prior  to 
trimming. 

(5)  The  grade  stamp  shall  be  applied  in  brown  ink. 
O.  Reg.  804/75.  s.  5. 

6. — (1)  Subject  to  subsection  (2),  brands  in  a  con- 
tinuous 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  general  supervision  of  a  grader. 

(2)  A  carcass  to  which  the  grade  stamp  was 
applied  after  trimming  shall  be  branded  after 
trimming.    O.  Reg.  804/75,  s.  6. 

7,  No  person  other  than  an  operator  shall  apply 
a  brand  to  a  graded  carcass.    O.  Reg.  804/75,  s.  7. 

8. — (1)  Brands  shall  be  applied  in  accordance 
with  the  instructions  of  a  grader  on  the  outside 
surface  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  shaU  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  B2. 

Blue 

7. 

Canada  B3. 

Blue 

8. 

Canada  B4. 

Blue 

9. 

Canada  CI. 

Brown 

10. 

Canada  C2. 

Brown 

11. 

All  other  grade  names 

for  carcasses 

Black 

O.  Reg.  804/75,  s.  8, 

9.  Stamps  bearing  the  name  of  a  retailer  or  whole- 
saler and  a  date  may  be  applied  on  a  carcass  if 
the  stamps, 

(a)  are  in  brown  ink  or  a  colour  of  ink  corre- 
sponding to  the  colour  of  ink  on  the  brand 
stamp  that  has  been  applied  to  the  carcass ; 


Reg.  330 


FARM  PRODUCTS  GRADES  AND  SALES 


551 


(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. 
O.  Reg.  804/75,  s.  9. 

10.  Where  a  grader  has  graded  a  carcass  he  may, 
at  the  request  of  any  consignor  or  his  agent,  issue 
a  grade  certificate  for  any  carcass  or  carcasses 
graded  by  him  at  an  establishment,  if  the  consignor 
or  agent, 

(a)  has  placed  on  each  of  the  animals  to  be 
carcass  graded  distinct  and  specific  identi- 
fication approved  by  the  Commissioner  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  establishment  at  the  time  of  delivery 
of  the  animal  or  lot  of  animals,  as  the  case 
may  be,  to  the  operator  of  the  establish- 
ment, a  manifest  in  a  form  prescribed  by 
the  Commissioner.     O.  Reg.  804/75,  s.  10. 

11. — (1)  Where  an  inspector  detains  a  carcass, 
he  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. 
O.  Reg.  804/75,  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  im- 
pression, 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.    O.  Reg.  804/75,  s.  12. 

13.  No  person  shall  in  any  advertisement  offer- 
ing the  whole  or  any  part  of  a  carcass  of  beef  for 
sale. 


(a)  make  any  statement  that  is  untrue,  decep- 
tive, 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.     O.  Reg.  804/75,  s.  13. 

Schedule  1 

GRADE  STAMP 
Dimensions:  One  inch  square. 


CANADA 
Al 


O.  Reg.  804/75,  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.    O.  Reg.  804/75,  Sched.  2. 


Reg.  331 


FARM  PRODUCTS  GRADES  AND  SALES 


553 


REGULATION  331 

under  the  Farm  Products  Grades  and  Sales  Act 
CHRISTMAS  TREES— GRADES 

INTERPRETATION 

1.  In  this  Regulation, 


(a)  "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 ; 

(6)  "Christmas  tree"  means  a  tree,  whether 
sheared  or  unsheared,  that  is, 

(i)  sold,  offered  for  sale  or  intended  to 
be  sold  severed  from  its  root  system 
and  with  its  bark,  branches  and 
foliage  mainly  intact,  and 

(ii)  of  the  coniferous  species,  including 
but  not  limited  to, 

(A)  Douglas  fir  (Pseudotsuga 
Menziesii), 

(B)  Balsam  fir  (Abies  balsomea), 

(C)  Black  spruce  (Picea  mariana), 

(D)  White  spruce  (Picea  glauca), 

(E)  Scotch  pine  (Pinus  sylvestis), 

(F)  Norway  spruce  (Picea 
excelsa), 

(G)  Red    Pine    (Pinus    resinosa), 
and 

(H)  Red  spruce  (Picea  rubens); 

(c)  "clean"  means  almost  entirely  free  from 
moss,  lichen  growth,  vines  or  other  foreign 
material  which  detracts  from  the  ap- 
pearance of  the  Christmas  tree ; 

(d)  "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 ; 

(J)  "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  consider- 
able size  caused  by  a  lack  of  branches 
or  fohage. 

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; 

{g)  "density"  means  density  of  foliage ; 

(h)  "Director"  means  the  Director  of  the  Farm 
Products  Quality  Branch  of  the  Ministry  of 
Agriculture  and  Food; 

(t)  "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 


554 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  331 


line  connecting  the  vertex  of  the  cone 
formed  by  the  tree  and  the  circumference 
of  the  base  of  the  cone ; 

(j)  "fairly  clean"  means  moderately  free  from 
moss,  lichen  growth,  vines  or  other  foreign 
material  which  detracts  from  the  ap- 
pearance of  the  Christmas  tree ; 

(k)  "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  tem- 
perature ; 

(m)  "goose  neck"  means  a  stem  that  has  a 
greater  distance  than  usual  between  two 
whorls  of  branches ; 

(n)  "handle"  means  that  portion  of  the  stem 
between  the  butt  or  base  of  a  Christmas 
tree  and  the  lowest  complete  whorl  of 
foliated  branches ; 

(o)  "healthy"  means  fresh  and  natural  in 
appearance ; 

(p)  "height"  means  the  distance  from  the 
butt  or  base  of  a  Christmas  tree  to  the 
top  of  the  tree ; 

(q)  "inspection"  means  inspection  by  an  in- 
spector appointed  under  the  Act  and 
"inspected"  has  a  corresponding  meaning; 

(r)  "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; 

(s)  "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  approxi- 
mately right  angles  to  the  stem.  R.R.O. 
1970,  Reg.  290,  s.  1. 


2.  Christmas  trees  are  designated  as  farm  products. 
R.R.O.  1970,  Reg.  290,  s.  2. 

3.  This  Regulation  applies  to  the  grading  and  sale 
of  Christmas  trees  in  Ontario.  R.R.O.  1970,  Reg. 
290,  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  ac- 
cordance with  this  Regulation ; 

(b)  misrepresent  the  grade  of  any  Christmas 
tree ;  or 

(c)  attach  any  tag  to  a  Christmas  tree  describ- 
ing 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.  1970,  Reg.  290,  s.  4. 


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  sub- 
section (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  sub- 
section (1)  shall  grade  the  Christmas  trees  prior  to 
inspection  and  shall  attach  to  each  tree  a  grade  tag  in 
accordance  with  section  6  indicating  the  grade  to 
which  the  tree  conforms  under  section  13. 

(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.  1970,  Reg. 
290,  s.  5. 

6. — (1)  Every  grade  tag  attached  to  a  Christmas 
tree  under  subsection  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. 


Reg.  331 


FARM  PRODUCTS  GRADES  AND  SALES 


555 


(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.  1970,  Reg.  290, 
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.  1970,  Reg. 
290,  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),  percentages  shall  be  calculated  on  the 
basis  of  actual  count  using  individual  trees  as  the 
units. 

(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.  1970, 
Reg.  290,  s.  8. 

9. — (1)  After  every  inspection  the  inspector  shall 
complete  an  insf)ection  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  him  or  by 
mailing  it  to  him  at  the  address  shown  on  the 
application.     R.R.O.  1970,  Reg.  290,  s.  9. 

DETENTION 

10. — (1)  Where  an  inspector  detains  any  Christ- 
mas tree  or  lot  of  trees  he  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  Christmas  tree  or  lot  of 
trees  that  have  been  detained  or  remove  any 
detention  tag.     R.R.O.  1970,  Reg.  290,  s.  10. 


FEES 

1 1 .  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.  1970,  Reg.  290,  s.  11. 


GRADES  FOR  CHRISTMAS  TREES 

12. — (1)  The  grades  for  Christmas  trees  are  as 
follows : 

1.  Ontario  Premium,  consisting  of  Christmas 
trees  of  any  height  that  possess  the  charac- 
teristics 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  charac- 
teristics 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  require- 
ments 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.  1970,  Reg.  290,  s.  12. 


Form  1 

Farm  Products  Grades  and  Sales  Act 

APPLICATION  FOR  INSPECTION  OF 
CHRISTMAS  TREES 

To:  The  Director, 

Farm  Products  Quality  Branch, 
Ministry  of  Agriculture  and  Food, 
Legislative  Buildings, 
Toronto. 

(name  of  applicant) 

(address) 
makes  application  for  inspection  of 


number  of  trees) 

located  at . 

(species) 


(approximate 
.Christmas    trees    composed    of 


(location) 


556 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  331 


Dated  at ,  this . 


day  of . 


19. 


(signature  of  applicant) 
R.R.O.  1970,  Reg.  290,  Form  1. 


Form  2 

Farm  Products  Grades  and  Sales  Act 

CHRISTMAS  TREE  INSPECTION 
CERTIFICATE 


(name  of  inspector) 

have  insjjected  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. 

Name  of  grower  or  person  in  possession 


Address 

Location  of  Christmas  Trees . 


Species  and  approximate  number  of  Christmas  Trees : 


Dated  at. 


this ....  day  of ,  19 ... . 

(signature  of  inspector) 
R.R.O.  1970,  Reg.  290,  Form  2. 


Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


557 


REGULATION  332 


under  the  Farm  Products  Grades  and  Sales  Act 


FRUIT  AND  VEGETABLES— GRADES 

INTERPRETATION 

L  In  this  Regulation, 

(a)  "aggregate  area"  means  the  total  area  under 
consideration  if  assembled  into  one  circular 
area  of  the  diameter  specified; 

(b)  "catchweight  package"  means  any  transpar- 
ent package  sold  on  a  weight  basis  in  which 
the  produce  is  readily  visible  and  which  con- 
tains not  more  than  three  pounds  net  weight; 

(c)  "clean"  means  not  affected  in  appearance  by 
dirt,  dust,  spray  residue  or  other  foreign  mat- 
erial; 

(d)  "closed  package"  means  any  package  the 
contents  of  which  cannot  be  satisfactorily 
inspected  without  removing  the  cover  or  other 
enclosing  device; 

(e)  "condition  defect"  means  any  defect  that  may 
develop  in  produce  during  storage  or  transit; 

(/)  "diameter"  means  the  greatest  diameter  at 
right  angles  to  the  longitudinal  axis; 

{g)  "Director"  means  the  Director  of  the  Farm 
Products  Quality  Branch  of  the  Ministry; 

ih)  "establishment"  includes  any  plant,  factory 
or  premises  where  produce  is  canned,  pre- 
served or  otherwise  processed; 

(j)  "fairly  well  formed"  means  that  not  less  than 
one-half  of  the  fruit  is  of  the  shape  charac- 
teristic of  the  variety  when  fully  mature  and 
the  remainder  of  the  fruit  deviates  only 
slightly  from  the  shape  characteristic  of  the 
variety  when  fully  mature; 

ij)  "hand-picked"  in  respect  of  fruit  means  that 
the  fruit  shows  no  evidence  of  rough  han- 
dling or  of  having  been  on  the  ground; 

(k)  "inspection"  means  inspection  by  an  inspec- 
tor appointed  under  the  Act  and  "inspected" 
has  a  corresponding  meaning; 

(/)  "inspection  point"  means  any  point  or  area  at 
which  an  inspector  attends; 


(to)  "master  container"  means  a  container  that  is 
designed  to  hold  more  than  one  package  of 
produce; 

(n)  "mature"  means  that  the  produce  has 
reached  such  stage  of  development  as  ensures 
completion  of  the  ripening  process; 

(o)  "Ministry"  means  the  Ministry  of  Agriculture 
and  Food; 

(p)  "package"  means  an>-  receptacle,  container, 
wrapper  or  confining  band,  but  does  not 
include  foil  wrap  on  individual  potatoes  or 
transparent  film  wrap  on  individual  speci- 
mens of  any  other  produce; 

{q)  "processing"  means  canning  or  preserving 
fruit  or  vegetables,  or  manufacturing  of 
products  from  fruit  or  vegetables  b\'  a  pro- 
cessor; 

(r)  "processor"  means  a  person  who  cans  or  pre- 
serves fruit  or  vegetables  or,  by  a  continuous 
operation  or  series  of  operations,  manufac- 
tures products  from  fruit  or  vegetables,  but 
does  not  include  a  person  who  cans  or  pre- 
serves fruit  or  vegetables  for  consumption  by 
himself  or  his  household; 

is)  "produce"  includes  any  fruit,  vegetable  or 
sweet  corn  that  can  be  grown  in  Canada; 

(/)  "properly  packed"  means  that  the  pro<luce  is 
not  slack,  overpressed  or  otherwise  in  a  con- 
dition likely  to  result  in  permanent  damage 
during  handling  or  in  transit; 

ill)  "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; 

{v)  "smooth"  means  that  the  produce  is  not 
ridged,  angular  or  indented; 

iw)  "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,  shrivelled,  water  core,  over- 
ripeness,  brown  core,  corky  core  or  other 
injury  that  may  affect  the  keeping  quality  of 
the  produce; 


558 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


{x)  "stemless  fruit"  means  any  fruit  that  has  no 
portion  of  the  stem  attached  thereto  and  has 
no  broken  skin  at  the  stem  end; 

(v)  "well  formed"  means  that  the  produce  has  a 
shape  characteristic  of  the  variety; 

(s)  "wrapper  leaves"  means  leaves  that  do  not 
closely  enfold  the  compact  portion  of  the 
head.     O,  Reg.  788/80,  s.  1. 

2.  All  fruit,  vegetables  and  sweet  corn  that  can  be 
commercially  grown  in  Canada  are  designated  as  farm 
products.     6.  Reg.  788/80,  s.  2. 


APPLICATION 

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 

(6)  unharvested  produce.     O.  Reg.  788/80,  s.  3. 
Part  I 

GENERAL 

4.  No  person  shall  pack,  transport,  ship,  advertise, 
sell  or  offer  for  sale  any  produce, 

(c)  unless  the  produce  is  graded,  packed  and 
marked  in  accordance  with  the  Act  and  this 
Regulation; 

(b)  that  is  below  the  minimum  grade  for  the  pro- 
duce; 

(c)  if  the  faced  or  shown  surface  falsely  represents 
the  contents; 

(d)  in  a  package,  unless  the  package  is  properly 
filled  and  packed; 

(c)  in  a  package  that  has  been  previously  marked, 
unless  the  marks  are  completely  removed  or 
obliterated; 

(/)  that  is  so  immature  or  so  diseased  or  otherwise 
affected  as  to  be  unfit  for  human  consump- 
tion; 

(g)  in  a  package  that  is  damaged,  stained,  soiled, 
warped  or  otherwise  deteriorated  so  as  to 
materially  affect  the  soundness,  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.     O.  Reg. 

788/80,  s.  4. 

5. — ( 1 )  Section  4  does  not  apply  to  the  transportation 
of  produce, 

(a)  of  any  person  for  the  purpose  of  use  by  himself 
and  his  household; 

ib)  of  a  grower  by  him  for  the  purpose  of  grading 
and  packing,  storing  or  processing;  or 

(c)  of  any  person  (other  than  a  grower  who  trans- 
ports the  produce  for  the  purpose  of  grading, 
packing  or  processing)  where  the  transporter 
supplies,  upon  request  of  an  inspector,  proof 
of  the  purpose  for  which  the  produce  is  trans- 
ported. 

(2)  Section  4  does  not  apply  to  the  sale  of  produce  for 
processing.     O.  Reg.  788/80,  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  condi- 
tions of  storage  of  any  produce.     O.  Reg.  788/80,  s.  6. 

7.  No  person  shall,  during  the  course  of  packing, 
warehousing  or  shipping  of  any  farm  product, 

(a)  wilfully  or  carelessly  damage  the  farm  prod- 
uct; 

(b)  handle  the  produce  in  such  a  manner  that  it  is 
likely  to  deteriorate  in  quality; 

(c)  expose  the  produce  to  any  weather,  or  other 
conditions  which  are  likely  to  result  in  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.  788/80,  s.  7. 


Part  II 

PACKAGES 

8. — (1)  Every  package  for  produce  shall  be  of  the 
dimensions  and  capacities  specified  in  Table  1  of  sec- 
tion 9. 

(2)  Subsection  (1)  does  not  apply  to, 

(a)  produce  for  which  there  are  no  grades  estab- 
lished under  this  Regulation; 


Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


559 


(b)  produce  sold  or  offered  for  sale  in  a  package 
where  the  experimental  use  thereof  has  been 
authorized  by  the  Director  and  the  package  is 
identified  and  used  only  in  the  manner 
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  per- 
mission has  been  granted  by  an  inspector  for 
shipment  or  transportation  for  the  purpose  of 


packing  in  standard  packages  for  sale. 

O.  Reg.  788/80,  s. 


8. 


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. 

(2)  All  produce  may  be  packed  in  the  packages 
described  in  Table  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 

1,110  cubic  inches 

Bushel  box,  Carton  or  Crate 

2,220  cubic  inches 

(4)  Fruit  and  vegetables  of  a  kind  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-tyj>e  bags  packed  at  point  of 
retail  sale 

Standard  apple  box 

3,  4,  5,  8,  10  pounds 

6,  8,  10,  20  pounds 

18  in.  X  11 1/2  in.  x  iO'/2  in. 

560 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


Item 

Fruit  or 
Vegetable 

Type  of  Package 

Size  or  Volume 

Half  box 

16'/h  in.  X  8%  in.  X  7%  in. 

Apple  crates 

17  in.  X  13  in.  x  11  in. 

Tray  carton 

19%  in.  X  111/2  in.  x  5%  in. 

Carton  or  Crate 

IbVn  in.  X  III/2  in.  X  5%  in.  end  piece 
with  4%  in.  side  piece 

Cell-pack 

i.  Apple  cell-packs  shall,  in  the  case 
of  cell-packs  for  elongated  var- 
ieties of  apples,   including  Deli- 
cious variety,  have  individual  cells 
of  the  dimensions  set  out  in  col- 
umns 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 

3Yh  in. 

3%  in. 

SYh  in. 

72 

3^16  in. 

3^/i6  in. 

3^/i6  in. 

80 

3Vi6  in. 

3V16  in. 

35/16  in. 

96 

3Vi6  in. 

2%  in. 

31/h  in. 

120 

2%  in. 

211/16  in. 

215/16  in. 

' 

140 

2iVi6  in. 

2^/16  in. 

2X4  in. 

160 

2^/i6  in. 

2'/i6  in. 

IYh  in. 

175 

2^5/32  in. 

211/32  in. 

21/2  in. 

200 

211/32  in. 

2^/32  in. 

2''/i6  in. 

216 

2V32  in. 

2^32  in. 

2%  in. 

ii.  Apple  cell-packs  shall,  in  the  case 

of  cell-packs  for  round  varieties  of 

apples,     including    Mcintosh, 

Spartan,  Newton  and  Rome  var- 

ieties, 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-packs,  set  out  opposite  thereto 

in  column  I  as  follows: 

Column  I 

Column  II 

Column  III 

Column  IV 

Count 

Length 

Width 

Depth 

60 

3^/i6  in. 

31/4  in. 

3%  in. 

72 

3^/16  in. 

31/16  in. 

3»/i6  in. 

84 

3 1/4  in. 

2%  in. 

35/16  in. 

- 

96 

33/16  in. 

211/16  in. 

31/4  in. 

120 

2"/i6  in. 

21/2  in. 

3  in. 

140 

2%  in. 

25/16  in. 

213/16  in. 

160 

29/i6  in. 

2'/4in. 

211/16  in. 

180 

2 '72  in. 

23/i6  in. 

IYh  in. 

200 

2%  in. 

21/16  in. 

2!/2in. 

216 

2V16  in. 

2  in. 

2'/i6  in. 

Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


561 


Item 

Fruit  or 
Vegetable 

Type  of  Package 

Size  or  Volume 

2. 

Beets 

Bags,  cartons,  boxes  or  crates 

1,  2,  3,  5,  10,  15,  25,  50,  75  and  100 
pounds. 

3. 

Cabbage 

Bags 

Sound,    suitable    non-standard    open 
containers. 

Sound  wire-bound  crates. 

40,  50  and  75  pounds 

4. 

Carrots 

Bags,  cartons,  boxes  or  crates. 

1,  2,  3,  5,  10,  15,  25,  50,  75  and  100 
pounds 

5. 

Cauliflower 

Sound    suitable    non-standard    open 
containers. 

Sound  wire-bound  crates. 

6. 

Celery 

Carton    i.  Regular  celery 

191/2  in.  X  161/2  in.  X  11  in. 

ii.  Celery  hearts 

20  in.  X  141/2  in.  X  10  in. 

7. 

Cherries 

Carton  or  crate 

i.   15%  in  X  15%  in.  x  4%  in. 
ii.   1614  in.  x  12  in.  x  S'4  in. 

Basket 

2  litres 

8. 

Corn  (Sweet) 

Bag,  carton,  box  or  crate 

any  multiple  of  Vz  dozen  ears 

Transparent  packages 

any  number  of  ears  up  to  a  dozen 

9. 

Cucumbers 

Regular  type: 

Crate 

16'/<iin.  X  lli^in.  x  41/2  in. 

Cartons:  i.  Special 

14  in.  X  91/i  in.  X  5  in.  or  4i/i  in. 

ii.   1  Dozen 

14%  in.  X  6%  in.  x  3%  in. 

iii.  2  Dozen 

l6Vi  in.  X  9  in.  X  6%  in. 

iv.  King 

161/2  in.  X  SVi  in.  x  61/4  in. 

V.  Queen 

14%  in.  X  81/^  in.  X  6 14  in. 

vi.  Prince 

13'^  in.  X  SVa  in.  x  614  in. 

vii.  Super  King 

16  in.  X  11  in.  X  9]/i  in. 

Long  Seedless  Type: 

Cartons:  i.  Small 

13Viin.  X  12Viin.  x  4'/^  in. 

ii.  Medium 

15  in.  X  121/2  in.  x  41/2  in. 

iii.  Large 

17  in.  X  121/2  in.  x  41/2  in. 

iv.  Extra  Large 

19  in.  X  12!^  in.  X  4Vi  in. 

10. 

Grapes 

Basket 

2  litres 

562 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


Item 

Fruit  or 
Vegetable 

Type  of  Package 

Size  or  Volume 

11. 

Head  Lettuce 

Cartons: 

Sound,    suitable    non-standard    open 
packages 

Sound,  wire-bound  crates 

19'/2  in.  X  16!/2  in.  x  11  in. 
24  in.  X  16'/2  in.  X  11  in. 

12. 

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 

13. 

Parsnips 

Bags,  cartons,  boxes  or  crates 

1,  2,  3,  5,  10,  15,  25,  50,  75  and  100 
pounds 

14. 

Peaches 

Cartons  or  crates 

16'/8  in.  X  111/2  in.  x  5%  in.  end  piece 
and  4>4  in.  side  piece 

Boxes,  cartons  or  crates 

16'/8  in.  X  111/2  in.  X  5)4  in.  end  piece 
and  3%  in.  side  piece 

Panta  Pak 

16 1/4  in.  X  13 '/2  in.  x  6 1/2  in. 

Cell-Pak 

Peach  cell-packs  shall  have  individual 
cells  of  the  dimensions  set  out  in  col- 
umns 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. 

3/4  in. 

36 

3  in. 

215/16  in. 

35/32  in. 

40 

227/32  in. 

213/16  in. 

31/16  in. 

48 

2'»V64  in. 

237/64  in. 

253/64  in. 

56 

235/64  in. 

231/64  in. 

245/64  in. 

60 

231/64  in. 

234/64  in. 

239/64  in. 

IS. 

Pears 

70 

21/4  in. 

21/4  in. 

ZYh  in. 

Pear  Box 

18  in.  X  111/2  in.  x  81/2  in. 

Half  Box 

16'/«  in.  X  Syk  in.  x  TYh  in. 

Carton  or  crate 

16 '/h  in.  X  111/2  in.  x  5%  in.  end  piece 
and  4%  in.  side  piece 

Pear  carton 

17  in.  X  10 '4  in.  X  5  in. 

Tray  carton 

19%  in.  X  12  in.  x 

11%  in.                     1 

Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


563 


Item 

Fruit  or 
Vegetable 

Type  of  Package 

Size  or  Volume 

16. 

Plums,  Prunes 

Boxes,  cartons  or  crates 

i.   18  in.  X  11 1/2  in.  x  3!4  in. 

ii.   16'/8  in.  x  13)4  in  x.  5%  in. 

iii.   161/8  in.  x  11 1/2  in.  x  4%  in.  end 
piece  and  3%  in.  side  piece 

iv.   16Ys  in.  x  10  in.  x  3%  in. — may 
have  V2  in.  cleat 

Baskets 

2  litres 

17. 

Potatoes 

Cartons,  boxes,  crates  or  new  bags 

1,  2,  3,  S,  10,  15,  20,  25,  50,  75  and  100 
pounds 

Transparent  packages 

3  potatoes  which  are  uniformly  sized, 
foil  wrapped  and  sold  as  a  unit 

18. 

Rhubarb 
(Field) 

Cartons 

Sound,  suitable  containers 

10  pounds 

(Forced) 

Cartons 

10  pounds 

19. 

Rutabagas 

Bag,  carton,  box  or  crate 

5,    10,    15,   25,   40,   50,   75,   and   100 
pounds 

20. 

Tomatoes 

Cartons,    boxes,    crates    or    other 
packages 

1,  2,  3,  5,  8,  and  10  pounds  and  multi- 
ples of  5  pounds 

Tomato  tubes 

minimum  net  weight  of  14  ounces 

Crates  or  lugs 

16'/8  in.  X  13 1/2  in.  X  61/2  in. 

O.  Reg.  788/80,  s.  9. 


Part  HI 


MARKINGS 


10.  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  initials,  surname  and  address,  and  a  firm 
or  corporation  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. 
O.  Reg.  788/80,  s.  10. 


11. — (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. 


564 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  iU 


(2)  Notwithstanding  clause  (1)  (c), 

(a)  where  this  Regulation  requires  that  a  package 
be  marked  to  indicate  the  size  of  the  produce 
therein,  the  markings  indicating  size  shall  be 
adjacent  to  the  grade  name; 

(ft)  where  carrots  have  been  washed  prior  to 
being  packed,  the  additional  designation 
"  Waished"  may  be  used  in  connection  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  connec- 
tion with  Canada  No.  1  Grade; 

(d)  where  onions  have  a  minimum  diameter  of 
three  inches  the  additional  designation  "Jum- 
bo" may  be  used  in  connection  with  Canada 
No.  1  Grade;  and 

(c)  where  rutabagas  have  been  completely 
immersed  in  a  wax  solution,  the  additional 
designation  "Waxed"  may  be  used  in  connec- 
tion with  the  grade  of  rutabagas.     O.  Reg. 

788/80,  s.  11. 

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 
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 

(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.  O.  Reg.  788/80,  s.  12;  O.  Reg. 
901/80,  s.  1. 

13.  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  Canadian  province  of  origin; 

(6)  where  a  grade  is  established  under  this  Regu- 
lation, the  grade  of  the  produce; 

(c)  the  price  per  pound  if  sold  by  weight; 

(d)  the  variety  for  apples  and  pears;  and 

(e)  the  word  "sweet"  or  "hot"  for  peppers. 
O.  Reg.  788/80,  s.  13. 

14.  The  country  or  Canadian  province  of  origin,  the 
grade  of  the  produce,  and  the  mezisure,  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.  O.  Reg.  788/ 
80,  s.  14. 

15.  Where  this  Regulation  requires  that  a  package,  a 
retail  display  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.     O.  Reg.  788/80,  s.  IS. 

16.  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; 

0)  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  pre- 
scribed by  this  Regulation  for  the  grade  of 
peaches  therein,  or  any  diameter  larger  than 
that  minimum.     O.  Reg.  788/80,  s.  16. 

17. — (1)  The  numerical  count  shall  be  shown  on, 

(a)  cartons  of  tiered  apples,  peaches  or  pears;  and 

0)  non-transparent  packages  of, 

(i)  cauliflower, 

(ii)  celery, 

(iii)  sweet  corn, 

(iv)  greenhouse  cucumbers  of  Canada  No. 
1  grade,  and 

(v)  lettuce. 

(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 

(6)  the  numerical  count.     O.  Reg.  788/80,  s.  17. 

18. — (1)  Net  weight  of  contents  shall  be  marked  on 
each  package  of, 

(a)  apples  packed  in  bags; 

Q))  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; 


Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


565 


(d)  field  rhubarb  packed  in  closed  containers; 

(e)  forced  rhubarb;  and 

(/)  tomatoes  packed  in  baskets  and  cartons  other 
than  two-quart,  four-quart,  six-quart,  eight- 
quart  or  eleven-quart  baskets. 

(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  pound.  O.  Reg.  788/80, 
s.  18. 

19.  Marks  for  produce  packed  in  packages  shall 
include, 

(a)  for  apples  and  pears,  the  name  of  the  variety; 
and 


(b)  for  peppers,    the   word 
O.  Reg.  788/80,  s.  19. 


'sweet"  or  "hot". 


20. — (1)  Except  as  otherwise  provided  in  this  sec- 
tion, marks  required  by  this  Regulation  shall  be  readily 
discernible,  of  a  permanent  nature  and  of  a  size  reason- 
ble  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-six- 
teenths 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  ib). 

(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  placed  on  one  end  of 
the  basket  or  carton. 

(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  advertise- 
ments 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 

(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.     O.  Reg.  788/80,  s.  20. 

21.  Every  person  who  uses  a  label  on  produce  pac- 
kages may  at  any  time  be  required  to  submit  it  to  the 
Director  for  approval.     O.  Reg.  788/80,  s.  21. 


Part  IV 

INSPECTION 

22.  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.     O.  Reg.  788/80,  s.  22. 

23. — (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  practic- 
able in  the  order  in  which  applications  are  received. 
O.  Reg.  788/80,  s.  23. 

24.  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.  O.  Reg.  788/80, 
s.  24. 

25.  Where  inspection  at  destination  is  requested,  the 
inspector  may,  pending  unloading  of  the  produce, 
inspect  and  certify  that  portion  of  the  produce  that  is 
accessible  for  inspection  and  issue  a  certificate  bearing 
the  notation  "doorway  inspection"  or  "top  and  doorway 
inspection"  or  issue  a  conditional  report  or  give  an  oral 
report.     O.  Reg.  788/80,  s.  25. 

26.  Where  an  inspector  has  reason  to  believe  that 
because  of  latent  defects  due  to  climatic  or  other  condi- 
tions the  true  quality  or  condition  of  the  produce  cannot 
be  determined,  the  inspector  may  postpone  inspection 
for  such  period  as  he  considers  necessary  to  enable  the 
true  quality  or  condition  of  the  produce  to  be  deter- 
mined.    O.  Reg.  788/80,  s.  26. 

27. — (1)  Where  a  person  who  is  financially 
interested  in  any  produce  is  dissatisfied  with  an  inspec- 
tion certificate  he  may  apply  for  an  appeal  inspection. 

(2)  The  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  applicant. 

(3)  An  application  for  an  appeal  inspection  may  be 
refused  where, 


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FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


(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  sub- 
sequent inspection  is  requested  for  the  purpose  of 
obtaining  a  report  without  questioning  the  correctness 
of  any  previous  certificate,  the  inspection  shall  not  be 
considered  an  appeal  inspection.  O.  Reg.  788/80, 
s.  27. 

28.  Where  an  appeal  inspection  is  made,  the  original 
certificate  shall,  upon  the  issuance  of  the  appeal  certifi- 
cate, be  deemed  to  be  annulled.     O.  Reg.  788/80,  s.  28. 

29.  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  potatoes, 
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.     O.  Reg.  788/80,  s.  29. 

30.  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  designated  by  the  Minister.  O.  Reg. 
788/80,  s.  30. 


-Part  V 

DETENTION 

31.  Where  an  inspector  detains  any  lot  of  produce  or 
produce  packages,  he  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.  O.  Reg.  788/80, 
s.  31. 

32.  No  person  shall  sell,  offer  for  sale,  move  or  allow 
or  cause  to  be  moved,  or  otherwise  dispose  of  any  lot  of 
produce  or  produce  packages  so  detained  without  the 
written  authority  of  an  inspector.  O.  Reg.  788/80, 
s.  32. 

33.  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  pack- 
ages shall  be  held  following  the  movement,  regrading, 
repacking  or  remarking,  until  further  movement  or 
disposal  is  authorized  by  an  inspector.  O.  Reg.  788/ 
80,  s.  33. 

34.  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  Regulation  respecting 
packages  and  markings.     O.  Reg.  788/80,  s.  34. 

35.  Where  an  inspector  is  satisfied  that  any  produce 
or  produce  package  that  has  been  placed  under  deten- 
tion complies  with  the  Act  and  this  Regulation,  he  may 
release  the  produce  or  produce  package  by  issuing  a 
detention  release.     O.  Reg.  788/80,  s.  35. 

Part  VI 

GENERAL 

36. — ( 1)  The  fees  payable  for  requested  inspection  of 
produce  other  than  produce  for  processing,  excepting 
re-certification  inspections  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. 

(2)  The  fee  for  re-certification  of  produce  that  has 
had  shipping  point  inspection  but  requires  re-certifica- 
tion is  $5. 

(3)  For  an  appeal  inspection, 

(a)  where  the  produce  is  found  to  be  in  accord- 
ance 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.     O.  Reg.  788/80,  s.  36. 

37.  Notwithstanding  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  grad- 
ing.    O.  Reg.  788/80,  s.  37. 

38.  The  fees  under  section  37  shall  be  paid  to  the 
Treasurer  of  Ontario,  Farm  Products  Quality  Branch, 
Ministry  of  Agriculture  and  Food,  Legislative  Build- 
ings, Toronto,  M7A  1A7,  within  fifteen  days  of  receipt 
of  a  statement  of  account  from  the  Director.  O.  Reg. 
788/80,  s.  38. 

39.  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.  O.  Reg.  788/80, 
s.  39. 


Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


567 


TOMATOES 

40. — (1)  The  fees  payable  for  grading  of  tomatoes 
bought  for  processing  and  received  by  a  processor  are  60 
cents  a  ton  or  fraction  thereof. 

(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  collecting  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. 

(4)  The  processor  shall  pa>-  the  fees  under  subsection 
(1)  to  the  Treasurer  of  Ontario,  the  Farm  Products  Qual- 
ity Branch,  Ministry  of  Agriculture  and  Food,  Legisla- 
tive Buildings,  Toronto,  M7A  1A7,  not  later  than  the 
1st  day  of  December  of  the  year  in  which  the  tomatoes 
were  graded. 

(5)  Each  processor  shall  on  or  before  the  1st  day  of 
November  in  each  year  furnish  to  the  Director  a 
statement  of  the  weights  and  grades  of  tomatoes 
received  for  processing  and  any  other  information 
required  on  a  form  prescribed  by  the  Director. 
O.  Reg.  788/80,  s.  40. 


PEAS 

4L — (1)  The  fees  payable  for  inspection  of  peas 
bought  for  processing  and  received  by  a  processor  are  14 
cents  a  ton  or  fraction  thereof. 

(2)  The  processor  and  the  grower  of  peas  shall  each 
pay  SO  per  cent  of  the  fees  under  subsection  1  in  respect 
of  the  grower's  peas  sold  to  and  received  by  the  proces- 
sor. 

(3)  The  processor  is  the  agent  of  the  Treasurer  of 
Ontario  in  collecting  the  grower's  share  of  the  fee  and 
shall  deduct  that  share  from  the  account  of  the  grower 
in  respect  of  the  peas  received. 

(4)  The  processor  shall  pay  the  fees  under  subsection 
(1)  to  the  Treasurer  of  Ontario,  the  Farm  Products 
Quality  Branch,  Ministry  of  Agriculture  and  Food, 
Legislative  Buildings,  Toronto,  M7A  1A7,  not  later 
than  the  1st  day  of  December  of  the  year  in  which  the 
peas  were  inspected. 

(5)  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.  O.  Reg.  788/80, 
s.  41. 


Part  VH 

Fresh  Fruit  and  Vegetable  Grade  Standards 

APPLES 

42.  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. 

s.  42. 


O.    Reg.    788/80, 


43. — ( 1)  Ontario  Small-one  Grade  is  the  grade  name 
for  apples  that, 

(a)  are,  in  the  case  of  apples  of  Delicious  or  Red 
Delicious  varieties,  of  a  diameter  of  not  less 
than  2  !4  inches  and  not  more  than  2  Vz  inches 
and,  in  the  case  of  apples  of  all  other  varieties, 
of  a  diameter  of  not  less  than  2  inches  and  not 
more  than  2!4  inches; 

0)  are  one  of  the  varieties  of  Delicious,  Early 
Mcintosh,  Golden  Russet,  Jonathan  Mcin- 
tosh, Melba,  Red  Delicious,  Scarlet  Pippin  or 
Fameuse; 

(c)  subject  to  clause  (d),  in  all  other  respects 
meet  the  requirements  for  Canada  Extra 
Fancy  Grade  apples;  and 

(d)  in  the  case  of  apples  of  Delicious  or  Red  Deli- 
cious varieties,  possess  a  minimum  of  55  per 
cent  of  the  surface  area  of  a  red  or  red-striped 
colour  of  the  shade  considered  fully  charac- 
teristic of  the  variety  when  fully  mature. 

(2)  Tolerances  by  count  for  variations  incidental  to 
the  commercial  grading  and  handling  of  apples  of 
Ontario  Small-one  Grade  are  the  same  as  for  Canada 
Fancy  Grade.     O.  Reg.  788/80,  s.  43. 

44.  Apples  that  meet  the  requirements  for  Canada 
Commercial  Grade  apples  may  be  alternatively  desig- 
nated as  Canada  Cee  Grade  or  Canada  "C"  Grade. 
O.  Reg.  788/80,  s.  44. 

ASPARAGUS 

45.  The  following  grade  names  for  asparagus  and 
the  grades,  standards  and  tolerances  therefor,  estab- 
lished under  the  Canada  Agricultural  Products  Stan- 
dards Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade. 


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FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


2.  Canada  No.  2  Grade.     O.  Reg.  788/80,  s.  45. 

46.  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 
pound  basis.     O.  Reg.  788/80,  s.  46. 


BEETS 

47.  The  following  grade  names  for  topped  beets  and 
the  grades,  standards  and  tolerances  therefor,  estab- 
lished under  the  Canada  Agricultural  Products  Stan- 
dards Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade. 

2.  CanadaNo.  2  Grade.     O.  Reg.  788/80,  s.  47. 

CABBAGE 

48.  The  following  grade  names  for  cabbage  and  the 
grades,  standards  and  tolerances  therefor,  established 
under  the  Canada  Agricultural  Products  Standards 
Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade. 

2.  CanadaNo.  2  Grade.     O.  Reg.  788/80,  s.  48. 

CANTALOUPES 

49.  The  following  grade  name  for  cantaloupes  and 
the  grades,  standards  and  tolerances  therefor,  estab- 
lished under  the  Canada  Agricultural  Products  Stan- 
dards Act,  are  hereby  adopted  in  whole: 

1.  CanadaNo.  1  Grade.     O.  Reg.  788/80,  s.  49. 

50. — ( 1)  Ontario  No.  2  Grade  is  the  grade  name  for 
cantaloupes  that  are, 

(o)  fairly  clean,  mature,  sound  and  of  one  variety; 

(6)  free  from  insects,  insect  larva  and  decay;  and 

(c)  properly  packed. 

(2)  Tolerances  by  count  for  variations  incidental  to 
the  commercial  grading  and  handling  of  cantaloupes  of 
Ontario  No.  2  Grade  are  the  same  as  for  Canada  No.  1 
Grade     O.  Reg.  788/80,  s.  50. 

CARROTS 

51.  The  following  grade  names  for  topped  carrots 
and  the  grades,  standards  and  tolerances  therefor, 
established  under  the  Canada  Agricultural  Products 
Standards  Act,  are  hereby  adopted  in  whole: 


1.  Canada  No.  1  Grade. 

2.  Canada  No.  1  Cut  Crowns  Grade. 

3.  CanadaNo.  2  Grade.     O.  Reg.  788/80,  s.  51. 

CAULIFLOW^ERS 

52.  The  following  grade  names  for  cauliflowers  and 
the  grades,  standards  and  tolerances  therefor,  estab- 
lished under  the  Canada  Agricultural  Products  Stan- 
dards Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade. 

2.  CanadaNo.  2  Grade.     O.  Reg.  788/80,  s.  52. 

CELERY 

53.  The  following  grade  names  for  celery  and  the 
grades,  standards  and  tolerances  therefor,  established 
under  the  Canada  Agricultural  Products  Standards 
Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade. 

2.  Canada  No.  1  Heart  Grade. 

3.  CanadaNo.  2  Grade.     O.  Reg.  788/80,  s.  53. 

CHERRIES 

54.  The  following  grade  names  for  cherries  and  the 
grades,  standards  and  tolerances  therefor,  established 
under  the  Canada  Agricultural  Products  Standards 
Act,  are  hereby  adopted  in  whole: 

1.  CanadaNo.  1  Grade. 

2.  Canada  Domestic  Grade. 

3.  Canada  Orchard  Run  Grade.     O.  Reg.  788/ 

80,  s.  54. 

CORN  (SWEET) 

55.  The  following  grade  name  for  sweet  corn  and  the 
grade,  standards  and  tolerances  therefor,  established 
under  the  Canada  Agricultural  Products  Standards 
Act,  are  hereby  adopted  in  whole: 

1.  CanadaNo.  1  Grade.     O.  Reg.  788/80,  s.  55. 

CUCUMBERS  (FIELD) 

56.  The  following  grade  names  for  field  cucumbers 
and  the  grades,  standards  and  tolerances  therefor, 
established  under  the  Canada  Agricultural  Products 
Standards  Act,  are  hereby  adopted  in  whole: 

1.  CanadaNo.  1  Grade. 

2.  CanadaNo.  2  Grade.     O.  Reg.  788/80,  s.  56. 


Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


569 


CUCUMBERS  (GREENHOUSE) 

57.  The  following  grade  names  for  greenhouse 
cucumbers  and  the  grades,  standards  and  tolerances 
therefor,  established  under  the  Canada  Agricultural 
Products  Standards  Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade. 

2.  CanadaNo.  2Grade.     O.  Reg.  788/80,  s.  57. 

GRAPES 

58.  The  following  grade  names  for  grapes  and  the 
grades,  standards  and  tolerances  therefor,  established 
under  the  Canada  Agricultural  Products  Standards 
Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade. 

2.  Canada  Domestic  Grade.     O.  Reg.  788/80, 
s.  58. 

59.  Notwithstanding  the  varietal  requirements  of 
Canada  No.  1  Grade,  grapes  that, 

(a)  are  of  different  varieties  and  colours; 

(6)  are  packed  in  approximately  equal  propor- 
tions 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.     O.  Reg. 

788/80,  s.  59. 

HEAD  LETTUCE  (ICEBERG  TYPE) 

60.  The  following  grade  names  for  lettuce  and  the 
grades,  standards  and  tolerances  therefor,  established 
under  the  Canada  Agricultural  Products  Standards 
Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade. 

2.  CanadaNo.  2  Grade.     O.  Reg.  788/80,  s.  60. 


ONIONS 

61.  The  following  grade  names  for  onions,  other 
than  green  onions,  and  the  grades,  standards  and  toler- 
ances therefor,  established  under  the  Canada  Agricul- 
tural Products  Standards  Act,  are  hereby  adopted  in 
whole: 

1.  Canada  No.  1  Grade. 


2.  Canada  No.  1  Pickling  Grade. 

3.  Canada  No.  2.     O.  Reg.  788/80,  s.  61. 

62.  Prior  to  the  16th  day  of  September  in  any  year, 
onions  grown  during  that  year  which  do  not  comply 
with  the  firmness  and  neck  dryness  requirements  of 
Canada  No.  1  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.     O.  Reg.  788/80,  s.  62. 

PARSNIPS 

63.  The  following  grade  names  for  topped  parsnips 
and  the  grades,  standards  and  tolerances  therefor, 
established  under  the  Canada  Agricultural  Products 
Standards  Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade. 

2.  Canada  No.  1  Cut  Crowns  Grade. 

3.  CanadaNo.  2  Grade.     O.  Reg.  788/80,  s.  63. 

PEACHES 

64.  The  following  grade  name  for  peaches  and  the 
grade,  standards  and  tolerances  therefor,  established 
under  the  Canada  Agricultural  Products  Standards 
Act,  are  hereby  adopted  in  whole: 

1 .  Canada  No.  1  Grade.     O.  Reg.  788/80,  s.  64. 

65. — (1)  Ontario  Domestic  Split-pit  Grade  is  the 
grade  name  for  peaches  that  are, 

(a)  sound,  mature,  clean,  hand-picked  and  one 
variety; 

(ft)  of  a  minimum  diameter  of  2  '/s  inches; 

(c)  of  Cardinal,  Collins,  Dixiered,  Earlired, 
Erlyvee,  Fisher,  Garnet  Beauty,  Goldray, 
June  Elberta,  Marigold,  Mayflower,  Prairie 
Dawn,  Redcap,  Royalvee,  Somervee,  Sunha- 
ven  or  Vanguard  variety; 

(rf)  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; 

(/)  free  from  limb  rub  that  affects  more  than  S  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; 


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FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


ih)  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; 

(?)  free  from  slight  deformities  that  affect  more 
than  IS  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),  (/),  ig), 
(It)  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,  injur>-  or  defect  or  a 
combination  thereof,  that  is  not  referred  to  in 
clause  (f ),  (/),  (g),  (It)  or  (?)  and  that  materi- 
ally affects  their  appearance,  edibility  or 
shipping  quality;  and 

(/)  properly  packed. 

(2)  The  tolerances  by  count  for  variations  incidental 
to  commercial  grading  and  handling  of  peaches  of 
Ontario  Domestic  Split-pit  Grade  shall  be  the  same  as 
for  Canada  No.  1  Grade.     O.  Reg.  788/80,  s.  65. 

66.  Notwithstanding  the  maturity  requirements 
under  Canada  No.  1  Grade,  the  firmness  for  peaches 
shall  not  exceed  fifteen  pounds  as  indicated  by  a  pres- 
sure tester  having  a  five-sixteenths  of  an  inch 
plunger.     O.  Reg.  788/80,  s.  66. 


67.  The  following  grade  names  for  pears  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.  O.  Reg.  788/ 
80,  s.  67. 

68.  Ontario  No.  3  Grade  is  the  grade  name  for  pears 
that  are, 

(a)  sound,  mature,  hand-picked  and  of  one  vari- 
ety; 

{b)  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; 

(/)  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  dis- 
colour the  surface  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  defor- 
mities; 

(/)  free  from  any  combination  of  two  or  more  of 
the  defects  referred  to  in  clause  (b),  (c),  (d), 
(e),  (/),  (g),  (h),  (i),  (j)  or  (k),  the  total  area  of 
which  exceeds  the  greater  single  area  toler- 
ance prescribed  for  the  particular  defects  of 
the  combination; 

(w)  free  from  any  damage,  injury  or  defect  or  a 
combination  thereof,  that  is  not  referred  to  in 
clause  (b),  (c ),  (d),  (e),  (/),  (g),  (h),  (i),  (j)  or  (k) 
and  that  materially  affects  their  appearance, 
edibility  or  shipping  quality; 

(m)  of  a  minimum  diameter  of, 

(i)  1  Vi  inches  for  all  varieties,  other  than 
those  of  Seckel  variety,  and 

(ii)  one  inch  for  Seckel  variety;  and 
(o)  properly  packed.     O.  Reg.  788/80,  s.  68. 

69.  Tolerances  by  count  for  variations  incidental  to 
the  commercial  grading  and  handling  of  pears  of 
Ontario  No.  3  Grade  are  the  same  as  for  Canada  Fancy 
Grade.     O.  Reg.  788/80,  s.  69. 

70.  Pears  that  meet  the  requirements  for  Canada 
Fancy  Grade  may  be  alternatively  designated  as  Can- 
ada No.  1  and  pears  that  meet  the  requirements  for 
Canada  Commercial  Grade  may  be  alternatively  desig- 
nated as  Canada  Cee  Grade,  Canada  "C"  Grade  or 
Canada  Domestic  Grade.     O.  Reg.  788/80,  s.  70. 


Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


571 


PEPPERS 

71. — (1)  Ontario  No.  1  Grade  is  the  grade  name  for 
peppers  that  are, 

(a)  of  similar  varietal  characteristics; 

ib)  firm  and  not  soft  or  shrivelled; 

(c)  free  from  insects,  insect  larvae  and  insect 
injury; 

id)  free  from  bruises  or  mechanical  injury; 

(e)  free  from  disease; 

(/)  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  (/)  and  that  ma- 
terially 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; 

(6)  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), 
O.  Reg.  788/80,  s.  71. 

PLUMS  AND  PRUNES 

72.  The  following  grade  name  for  plums  and  prunes 
and  the  grade,  standards  and  tolerances  therefor, 
established  under  the  Canada  Agricultural  Products 
Standards  Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade.     O.  Reg.  788/80,  s.  72. 

73.  The  firmness  for  Shiro  plums  shall  not  exceed  ten 
pounds  as  indicated  by  a  pressure  tester  having  a  five- 
sixteenths  of  an  inch  plunger.     O.  Reg.  788/80,  s.  73. 

POTATOES 

74.  The  following  grade  names  for  potatoes  and  the 
grades,  standards  and  tolerances  therefor,  established 
under  the  Canada  Agricultural  Products  Standards 
Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade. 

2.  Canada  No.  1  Large  Grade. 

3.  CanadaNo.  2Grade.     O.  Reg.  788/80,  s.  74. 


75. — (1)  Ontario  No.  1  Grade  is  the  grade  name  for 
potatoes  of  similar  varietal  characteristics  that  are, 

(a)  firm,  fairly  well  matured,  fairly  well  shaped 
and  reasonably  clean; 

(b)  free  from  dumbbells,  hollow  hearts,  necrosis, 
freezing  injur>',  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; 

(rf)  not  potatoes  from  which  knobs  have  been 
removed; 

ie)  of, 

(i)  in  the  case  of  round  varieties,  a 
minimum  diameter  of  2  inches  and  a 
maximum  diameter  of  SVz  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  SVi  inches 
except  that  for  potatoes  exceeding  3  Vz 
inches  in  length,  the  minimum  dia- 
meter may  be  1%  inches;  and 

(/)  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 14  inches  in 
diameter. 

(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  1  %  inches  and 
not  more  than  2Vi  inches  in  diameter,  but  this  grade 
does  not  apply  to  new  potatoes  shipped  on  or  before  the 
ISth  day  of  September  in  any  year  from  the  packer's 
premises. 

(4)  Ontario  No.  2  Grade  is  the  grade  name  for 
potatoes  of  similar  varietal  characteristics  that  are, 

(a)  reasonably  firm,  reasonably  mature,  not  seri- 
ously misshapen  and  reasonably  clean; 

(b)  free  from  damage  caused  by  blight; 

(c)  free  from  dumbbells,  freezing  injury,  bacteri- 
al ring  rot  and  soft  rot; 

(d)  free  from  serious  damage  caused  by  sunburn, 
greening,  abnormal  growth,  growth  cracks. 


572 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


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  package  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  1  % 
inches  in  diameter  and  3'/2  inches  in  length; 
and 

(/)  properly  packed. 

(5)  Ontario  Mini  Grade  is  the  grade  name  for 
potatoes  of  similar  varietal  characteristics  that  are, 

(a)  firm,  well-shaped  and  clean; 

(jb)  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  1  %  inches  in  diameter. 

(6)  In  subsections  (1)  to  (5), 

(a)  "fairly  well  matured"  means  that  not  more 
than  10  per  cent  by  weight  of  the  individual 
potatoes  in  a  lot  have  more  than  one-quarter 
of  the  skin  missing  or  feathered; 

(b)  "fairly  well  shaped"  means  that  the  individual 
potato  is  not  materially  pointed,  dumbbell 
shaped  or  otherwise  deformed; 

(c)  "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; 

(d)  "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; 

(e)  "seriously  misshapen"  means  that  the  indi- 
vidual potato  is  pointed,  dumbbell  shaped  or 
otherwise  deformed;  and 

if)  "soft  rot"  means  any  soft,  mushy  condition  of 
the  tissues  of  the  potato. 

(7)  For  the  purpose  of  Ontario  No.  1  Grade,  Ontario 
No.  1  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  background  colour  of  the 
potato  and  the  aggregate  area  affected 
exceeds  5  per  cent  of  the  surface  of  the 
potato,  or  I 


(ii)  surface  scab  that  shows  pronounced 
contrast  with  the  background  colour  of 
the  potato  and  the  aggregate  area 
affected  exceeds  3  per  cent  of  the  sur- 
face 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 
covering  the  defective  area; 

(c)  russet  scab  that  materially  affects  the  appear- 
ance of  the  potato; 

(d)  sunburn  that  causes  a  dark  green  area  more 
than  one-half  of  an  inch  in  diameter  on  a 
potato  2!/2  inches  in  diameter  or  a  corres- 
pondingly smaller  or  larger  dark  green  area  on 
a  smaller  or  larger  potato,  or  that  causes  dis- 
colouration 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; 

if)  sprouts  exceeding  one-half  of  an  inch  in  length 
on  inspection  at  shipping  point,  or  exceeding 
one  inch  in  length  on  inspection  at  destina- 
tion, where  more  than  1 0  per  cent  by  weight  6f 
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,  "dam- 
age" 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. 

(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 

(6)  defects,  including  scab,  that  cause  a  waste  of 
more  than  1 0  per  cent  of  the  total  weight  of  the 
potato  including  the  peel  covering  the  defec- 
tive 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, 


Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


573 


(a)  5  per  cent  below  minimum  size  and  5  per  cent 
above  maximum  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 

id)  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  defec- 
tive and  one  off-sized  potato. 

(11)  For  the  purposes  of  Ontario  Mini  Grade,  the 
tolerances  by  weight  for  variations  incidental  to  grad- 
ing, 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 
jxcept  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.     O.  Reg.  788/80,  s.  75. 

76.  The  Director  may  in  his  discretion  grant  an 
rtension  of  the  period  for  marketing  1%  inches 
inimum  diameter  new  potatoes  of  Ontario  No.  1 
rade  or  Ontario  No.  2  Grade  beyond  the  15th  day  of 
;ptember  in  any  year.     O.  Reg.  788/80,  s.  76. 

RASPBERRIES 

77. — (1)  Ontario  No.  1  Grade  is  the  grade  name  for 
pberries  sold  or  offered  for  sale  on  a  grade  basis  that 

(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  commercial  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.     O.  Reg.  788/80,  s.  77. 

RHUBARB  (FIELD) 

78.  The  following  grade  names  for  field  rhubarb  and 
the  grades,  standards  and  tolerances  therefor,  estab- 
lished under  the  Canada  Agricultural  Products  Stan- 
dards Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade. 

2.  Canada  Domestic  Grade.  O.  Reg.  788/80, 
s.  78. 

RHUBARB  (FORCED) 

79. — (1)  Ontario  No.  1  Grade  is  the  grade  name  for 
stalks  of  forced  rhubarb  of  similar  varietal  characteris- 
tics 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 

(/)  at  least  one-half  of  an  inch  in  diameter  at  the 
greatest  distance  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; 


574 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


(d)  well  trimmed  and  reasonably  well  coloured; 
and 

(e)  at  least  eight  inches  in  length  exclusive  of  the 
leaves. 

(3)  In  this  section, 

(a)  "damage"  means  any  injury  or  defect  that 
materially  affects  the  appearance,  edibility  or 
shipping  quality  of  the  stalks; 

(b)  "fresh"  means  not  withered; 

(c)  "reasonably  straight"  means  that  the  stalk 
does  not  have  more  than  one-half  twist  and  is 
not  bent  or  crooked; 

(d)  "reasonably  well  coloured"  means  that  a  pink 
or  red  colour  predominates  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; 

(e)  "similar  varietal  characteristics"  means  that 
the  stalks  are  alike  in  general  characteristics; 

(/)  "well  coloured"  means  that  a  pink  or  red  col- 
our 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 

(g)  "well  trimmed"  means  that  a  minimum  of  80 
per  cent  of  each  basal  husk  has  been  removed. 

(4)  Tolerances,  by  count  of  the  stalks,  for  variations 
incidental  to  commercial  grading  and  handling  of  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). 

(5)  Tolerances,  by  count  of  the  stalks,  for  variations 
incidental  to  commercial  grading  and  handling  of  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).     O.  Reg.  788/80,  s.  79. 

RUTABAGAS 

).  The  following  grade  name  for  rutabagas  and  the 
■,  standards  and  tolerances  therefor,  established 


under  the  Canada  Agricultural  Products  Standards 
Act,  are  hereby  adopted  in  whole: 

1.   Canada  No.  1  Grade.     O.  Reg.  788/80,  s.  80. 

STRAWBERRIES 

81. — (1)  The  following  grade  name  for  strawberries 
and  the  grade,  standards  and  tolerances  therefor, 
established  under  the  Canada  Agricultural  Products 
Standards  Act,  are  hereby  adopted  in  whole  for  straw- 
berries 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 

(/)  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  subsection  (2).     O.  Reg.  788/80,  s.  81. 

TOMATOES  (FIELD) 

82.  The  following  grade  names  for  field  tomatoes 
and  the  grades,  standards  and  tolerances  therefor, 
established  under  the  Canada  Agricultural  Products 
Standards  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.     O.   Reg.    788/80, 
s.  82. 

83. — (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  Pick- 
ling Grade. 


Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


S7S 


(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.     O.  Reg.  788/80,  s.  83. 

TOMATOES  (GREENHOUSE) 

84. — (1)  The  following  grade  names  for  greenhouse 
tomatoes  and  the  grades,  standards  and  tolerances 
therefor,  established  under  the  Canada  Agricultural 
Products  Standards  Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  Grade. 

2.  Canada  No.  2  Grade. 

3.  Canada  Commercial  Grade. 

(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  blos- 
som end  and  uniformly  coloured; 

(c)  of  a  minimum  diameter  of  2  Vi  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; 

(/)  free  from  any  damage,  injury  or  defect  or  a 
combination  thereof  that  is  not  referred  to  in 
clause  (a),  (fe),  (c),  {d)  or  (e)  and  that  causes  a 
waste  of  more  than  5  per  cent  of  an  individ- 
ual 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)  1  per  cent  affected  by  decay; 

(fc)  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).     O.  Reg.  788/80,  s.  84. 

Part  VIII 

PROCESSING 

85. — (1)  The  processed  fruit,  vegetables  and  sweet 
corn  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  her- 
metically sealed  container. 

(3)  No  person  shall  pack;  transport,  ship,  advertise, 
sell  or  offer  for  sale  any  of  the  following  fruit,  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,  Boysenber- 
ries,  Currants,  Gooseber- 
ries, Logan  Berries, 
Lawtonberries  and 
Thimbleberries). 

8.  Canned  Blueberries. 

9.  Canned  Carrots. 

10.  Canned  Cherries. 

11.  Canned  Corn. 

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  Pefu^s. 

20.  Canned  Plums  and  Prune  Plums. 

21.  Canned  Sweet  Potatoes. 

22.  Canned  White  Potatoes. 

23.  Canned  Pumpkin  and  Squash. 


576 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


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  corn  prod- 
ucts 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,  Boysenber- 
ries,  Lawtonberries, 
Thimbleberries). 

13.  Dried  Blueberries. 

14.  Frozen  Blueberries. 

15.  Frozen  Broccoli. 

16.  Frozen  Brussels  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. 
2  7.  Frozen  Peas. 

28.  Frozen  Peas  and  Carrots. 

29.  Frozen  Peaches. 

30.  Frozen  French  Fried  Potatoes. 

31.  Frozen  Rhubarb. 

32.  Canned  Sauerkraut. 

33.  Frozen  Spinach. 

34.  Frozen  Squash. 

35.  Frozen  Strawberries. 

36.  Tomato  Juice. 

37.  Concentrated  Tomato  Juice. 

O.  Reg.  788/80,  s.  85. 

Part  IX 

Fruit  and  Vegetables  for  Processing 
Grade  Standards 


86.  The  following  grade  names  for  apples  for  proces- 
sing purposes  and  the  grades,  standards  and  tolerances 
therefor,  established  under  the  Canada  Agricultural 
Products  Standards  Act,  are  hereby  adopted  in  whole: 

1.  Canada  No.  1  (Peelers)  Grade. 

2.  Canada  No.  2  (Peelers)  Grade. 

O.  Reg.  788/80,  s.  86. 

asparagus 

87. — ( 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 
5  Vz  inches  nor  less  than  5  inches  in  length  and 
not  less  than  three-eighths  of  an  inch  in 
diameter,  and  that  are  free  from, 

(a)  tips  that  are  so  spread  or  branched  that 
they  show  a  seedy  appearance  in  any 
part  thereof; 


Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


577 


(b)  broken  tips; 

(c)  white  butts; 

(d)  damage;  and 
(c)  decay. 

2.  No.  1  Grade,  consisting  of  spears  that  are 
fresh  and  not  badly  misshapen,  not  more  than 
seven  inches  nor  less  than  4  Vz  inches  in  length, 
not  less  than  one-quarter  of  an  inch  in  diam- 
eter, when  measured  at  a  point  AVi  inches 
from  the  extreme  tip  and  that  are  free  from, 

(a)  broken  tips; 

(b)  white  butts; 

(c)  damage;  and 

(d)  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, 

(a)  badly  broken  tips; 

(b)  white  butts; 

(c)  damage  caused  by  dirt  or  freezing; 

(d)  serious  damage;  and 

(e)  decay. 

(2)  In  subsection  (1), 

(a)  "badly  broken  tips"  means  spears  with  more 
than  the  extreme  tip  missing  so  that  the  shape 
or  general  appearance  of  the  tip  is  seriously 
affected; 

(b)  "badly  crooked"  means, 

(i)  deformed  by  abnormal  growth  of  flat 
spears  or  tips,  or 

(ii)  curled  or  badly  deformed  tips; 

(c)  "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, 

(i)  slightly  flat  with  rounded  or  oval  sides 
and  a  normal  tip,  and 

(ii)  crooks,  other  than  sharp  crooks,  that 
may  be  straightened  without  breaking 
after  blanching; 


(d)  "broken  tips"  means  spears  with  more  than 
the  extreme  tip  missing  so  that  the  shape  or 
general  appearance  of  the  tip  is  affected; 

(e)  "damage"  means  any  injury  or  defect  that 
affects  the  quality  of  spears  for  canning  or 
freezing  and  includes, 

(i)  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, 

(ii)  doubles  that  affect  the  shape  of  the 
spear  or  show  a  hollow  opening  in  the 
centre  of  the  spear, 

(iii)  dirt  or  sand  embedded  in  the  tip  or 
under  the  bracts  that  cannot  be 
removed  in  the  process  of  washing, 

(iv)  damage  by  freezing  as  shown  by  wat- 
ery, glazed  or  discoloured  appearance 
or  more  than  slight  whitish  or 
blanched  appearance, 

(v)  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, 

(vi)  mechanical  injury  or  longitudinal 
growth  scarring  in  the  upper  4 '/i  inches 
of  the  spear  of  a  more  than  superficial 
nature  and  corky  or  fibrous,  and 

(vii)  disease  having  more  than  two  discol- 
oured bracts  or  scales  resulting  from 
rust; 

(/)  "fresh"  means  not  limp,  flabby  or  badly 
wilted; 

(f )  "serious  damage"  means  any  injury  or  defect 
that  seriously  affects  the  quality  of  spears  for 
canning  or  freezing  and  includes, 

(i)  tips  having  tip  branches  that  exceed 
three-quarters  of  an  inch  in  length 
exclusive  of  head  and  that  are  badly 
spreading, 

(ii)  doubles  that  show  a  hollow  opening  in 
the  centre  of  the  spear, 

(iii)  disease  resulting  from  rust  that  causes 
discolouration  of  more  than  four 
bracts, 

(iv)  insect  injury  due  to  insect  eggs  or  lar- 
vae on  the  spear,  and 


578 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


(v)  mechanical  damage  that  causes  scars 
and  longitudinal  growth  scarring  in 
the  upper  7  Vi  inches  of  the  spear  of  a 
more  than  superficial  nature  and  corky 
or  flbrous; 

(,h)  "white  butts"  means  butts  that  show  on  the 
spear  at  the  extreme  butt  and  a  white  colour, 

(i)  that  completely  encircles  the  spear  and 
is  in  excess  of  one-quarter  of  an  inch  in 
height,  or 

(ii)  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, 

(a)  6  per  cent  that  does  not  meet  the  length 
and  diameter  requirements  of  the 
grade;  and 

(b)  5  per  cent  for  other  grade  defects  of 
which  not  more  than  1  per  cent  may  be 
for  decay. 

2.  For  No.  1  Grade, 

(a)  6  per  cent  that  does  not  meet  the  length 
and  diameter  requirements  of  the 
grade;  and 

{b)  10  per  cent  for  other  grade  defects  of 
which  not  more  than  5  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, 

(a)  2  per  cent  less  than  one-quarter  of  an 
inch  in  diameter  and  6  per  cent  more 
than  10  inches  in  length;  and 

(fc)  10  per  cent  for  grade  defects  of  which 
not  more  than  5  per  cent  may  be  for 
insect  eggs  and  larvae  and  not  more 
than  1  per  cent  may  be  for  decay.  O. 
Reg.  788/80,  s.  87. 

BEANS 

88.  The  grade  for  green  and  wax  beans  for  process- 
ing is  as  follows: 

1.  No.  1  Grade,  consisting  of  fresh  picked,  well 
formed,  tender  green  or  wax  beans,  medium 
sized  for  the  varietj',  and  free  from  beans  that 
are, 

(a)  large,  seedy,  shrivelled  or  rusty; 


(b)  damaged  by  disease  or  insects;  or 

(c)  heated.     O.  Reg.  788/80*  s.  88. 

BEETS 

89. — (1)  The  grade  for  beets  for  processing  is  as  fol- 
lows: 

1.  Ontario  No.  1  Grade,  consisting  of  beets  that 
are, 

(a)  of  similar  varietal  characteristics; 

ib)  not  soft,  shrivelled  or  woody  in  tex- 
ture; 

(c)  free  from  rings  that  have  a  white  tint; 

(d)  not  rough  or  seriously  misshapen; 

(e)  reasonably  clean; 
(/)  free  from  decay; 

(g)  free  from  frost  injury; 

(h)  free  from  areas  of  flesh  that  are  materi- 
ally darker  in  colour  than  the  remain- 
der of  the  flesh; 

(i)  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 

ij )  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  pro- 
cessing shall  be  packed  in  accordance  with  the  follow- 
ing diameter  size  ranges: 

1.  1  inch  to  1!4  inches. 

2.  1!4  inches  to  1%  inches. 

3.  1%  inches  to  2'/2  inches. 

4.  2 '/a  inches  to  4 !/2  inches. 

(3)  Tolerances  by  weight  for  variations  incidental  to 
commercial  grading  and  handling  of  beets  for  proces- 
sing shall  be  not  more  than, 

(a)  5  per  cent  below  the  diameter  size  ranges 
referred  to  in  subsection  (2); 

(b)  5  per  cent  above  the  diameter  size  ranges 
referred  to  in  subsection  (2); 

(c)  2  per  cent  affected  by  decay;  and 


Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


579 


(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). 
O.  Reg.  788/80,  s.  89. 

CABBAGES 

90. — (1)  The  grade  for  cabbages  for  processing  is  as 
follows: 

1.  Ontario  No.  1  Grade,  consisting  of  cabbages 
that  are, 

(a)  free  from  heads  that  yield  more  than 
slightly  to  pressure; 

(b)  trimmed  so  that, 

(i)  the  butts  do  not  exceed  one-half 
of  an  inch  in  length,  and 

(ii)  there  are  not  more  than  five 
wrapper  leaves  on  any  one  head 
of  cabbage; 

(c)  free  from  seed  stems; 

(rf)  free  from  decay; 

(e)  free  from  damage  caused  by  bursting, 
freezing,  disease,  birds,  insects,  dis- 
colouration or  by  mechanical  or  other 
means  that  results  in  a  loss  to  a  head  of 
cabbage  of  more  than  5  per  cent  by 
weight  when  such  damage  is  trimmed 
from  the  head  of  cabbage;  and 

(/)  composed  of  individual  heads  that  are 
of  a  minimum  weight  of  SVz  pounds 
and  a  minimum  diameter  of  SVz 
inches. 

(2)  Tolerances  by  count  for  variations  incidental  to 
commercial  grading  and  handling  of  cabbages  for  pro- 
cessing shall  be  not  more  than, 

(a)  3  per  cent  affected  by  decay;  and 

(b)  10  per  cent  having  grade  defects  including 
decay.     O.  Reg.  788/80,  s.  90. 

CARROTS 

91. — (1)  The  grade  for  carrots  for  processing  is  as 
follows: 

1.  No.  1  Grade,  consisting  of  carrots  that  are, 

(a)  of  similar  varietal  characteristics; 

0)  not  seeders; 

(c)  firm  but  not  woody; 

(4)  well  shaped,  fairly  smooth,  well  trim- 
med and  reasonably  clean; 


(e)  free  from  serious  damage  caused  by 
sprouts,  secondary  growth,  cuts, 
growth  cracks,  disease,  sunburn, 
insects  or  rodents  or  by  mechanical  or 
other  means;  and 

(/)  free  from  decay,  frost  injury,  hollow 
hearts  and  tainted  flavour. 

(2)  In  subsection  (1), 

(a)  "fairly  smooth"  means  not  rough,  forked,  mis- 
shapen or  covered  with  rootlets; 

(b)  "firm"  means  not  soft,  flabby  or  shrivelled; 

(c)  "of  similar  varietal  characteristics"  means  of 
the  same  general  type; 

id)  "reasonably  clean"  means  that  the  general 
appearance  is  not  seriously  affected  and  indi- 
vidual carrots  are  not  caked  with  dirt; 

(c)  "seeders"  means  carrots  that  have  a  yellow 
centre,  are  tough  and  have  no  definite  core; 

(/)  "serious  damage"  means  damage  that  seri- 
ously affects  the  appearance  of  the  carrot  and 
that  causes  a  loss  of  more  than  10  per  cent  of 
the  total  weight  of  the  carrot; 

ig)  "well  shaped"  means  having  the  shape 
characteristic  of  the  variety;  and 

(A)  ''well  trimmed"  means  that  the  tops  are  trim- 
med 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, 

(o)  2  per  cent  for  decay;  and 

(b)  6  per  cent  in  the  aggregate  for  other  grade 
defects.     O.  Reg.  788/80,  s.  91. 

CHERRIES 

92. — ( 1)  The  grade  for  sour  cherries  for  processing  is 
as  follows: 

1.  No.  1  Grade,  consisting  of  cherries  that  are, 

(a)  sound,  mature,  hand-picked,  clean,  of 
one  variety,  of  good  colour,  well 
formed  and  of  fair  size  for  the  variety; 

(b)  free  from  decay,  worms,  pulled  pits, 
doubles,  sun-scald,  stems,  dirt  or  other 
foreign  matter; 

(c)  free  from  insect  injury  and  disease; 

(d)  free  from  softness,  shrivelling  and 
bruises; 


580 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


(e)  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; 

if)  free  from  superficial  scars,  hail  marks, 
wind  whip,  limb  rub,  russeting  and 
similar  discolouration  or  scars  that 
affect  an  aggregate  area  per  cherry 
exceeding  one-eighth  of  an  inch  in 
diameter; 

ig)  free  from  any  scars  that  materially  dis- 
colour the  flesh; 

(h)  of  a  minimum  size  of  five-eighths  of  an 
inch  in  diameter;  and 

(i)  free  from  any  damage,  injury  or  defect 
or  a  combination  thereof  that  is  not 
referred  to  in  clause  (e),  (/)  or  ig)  and 
that  materially  affects  their  quality  for 
canning  or  freezing. 

(2)  Subject  to  subsection  (3),  the  minimum  colour  of 
sour  cherries  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  pro- 
cessor shall  specify  in  the  contract  which  type  of  colour 
comparator  will  be  used. 

(4)  Tolerances  by  count  or  weight  for  variations  inci- 
dental 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 
(fe).     O.  Reg.  788/80,  s.  92. 

93. — (1)  The  grade  for  sweet  cherries  for  processing 
is  as  follows: 

1.  No.  1  Grade,  consisting  of  cherries  that  are, 

(a)  sound,  mature,  hand-picked,  clean,  of 
one  variety,  of  good  colour,  well 
formed  and  of  fair  size  for  the  variety; 

(b)  free  from  decay,  worms,  pulled  pits, 
doubles,  sun-scald,  stems,  dirt  or  other 
foreign  matter; 

(c)  free  from  insect  injury  and  disease; 

(d)  free  from  softness,  shrivelling  and 
bruises; 


ie)  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; 

(/)  free  from  superficial  scars,  hail  marks, 
wind  whip,  limb  rub,  russeting  and 
similar  discolouration  or  scars  that 
affect  an  aggregate  area  per  cherry 
exceeding  one-eighth  of  an  inch  in 
diameter; 

(g)  free  from  any  scars  that  materially  dis- 
colour the  flesh; 

(A)  in  the  case  of  sweet  cherries  that  are 
processed  for  canning,  of  a  minimum 
diameter  of  three-quarters  of  an  inch; 
and 

(i)  free  from  any  damage,  injury  or  defect 
or  a  combination  thereof  that  is  not 
referred  to  in  clause  (e),  (/)  or  (g)  and 
that  materially  affects  their  quality  for 
canning  or  freezing. 

(2)  The  minimum  colour  of  sweet  cherries  for  proces- 
sing shall  be  determined  by  a  "No.  6"  plastic  colour 
comparator. 

(3)  Tolerances  by  count  or  weight  for  variations  inci- 
dental 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 
ib).     O.  Reg.  788/80,  s.  93. 

94. — (1)  The  grade  for  brine  cherries  for  processing 
is  as  follows: 

1.  No.  1  Grade,  consisting  of  cherries  that  are, 

(a)  sound,  mature,  hand-picked,  clean,  of 
one  variety,  of  good  colour,  well 
formed  and  of  fair  size  for  the  variety; 

(b)  free  from  decay,  worms,  pulled  pits, 
doubles,  sun-scald,  dead  stems,  dirt  or 
other  foreign  matter; 

(c)  free  from  insect  injury  and  disease; 

(d)  free  from  softness,  shrivelling  and 
bruises; 

(e)  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; 


Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


581 


(/)  free  from  superficial  scars,  hail  marks, 
wind  whip,  limb  rub,  russeting  and 
similar  discolouration  or  scars  that 
affect  an  aggregate  area  per  cherry 
exceeding  one-eighth  of  an  inch  in 
diameter; 

(g)  free  from  any  scars  that  materially  dis- 
colour the  flesh; 

(A)  of  a  minimum  size  of  nine-sixteenths  of 
an  inch  in  diameter;  and 

(i)  free  from  any  damage,  injury  or  defect 
or  a  combination  thereof  that  is  not 
referred  to  in  clause  (e),  (/)  or  (g)  and 
that  materially  affects  their  quality  for 
canning  or  freezing. 

(2)  Tolerances  by  count  or  weight  for  variations  inci- 
dental to  commercial  grading  and  handling  of  brine 
cherries  for  processing  shall  be  not  more  than, 

(a)  1  per  cent  affected  by  decay  or  worms; 

(&)  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).     O.  Reg.  788/80,  s.  94. 

95.  In  sections  92,  93  and  94, 

(a)  "double"  means  a  cherr\-  that  has  the  appear- 
ance of  attached  twin  cherries;  and 

ib)  "mature"  means  having  reached  the  state  of 
maturitN  at  which  the  pit  will  separate  cleanly 
from  the  flesh.     O.  Reg.  788/80,  s.  95. 


PEACHES 

96. — (1)  The  grade  for  peaches  for  processing  is  as 
follows: 

1.  No.  1  Grade,  consisting  of  peaches  that  are, 

(a)  uniformly  mature,  ripe  or  firm,  not 
soft  or  hard,  well  formed,  sound, 
clean,  hand-picked,  of  good  colourand 
of  one  variety; 

(b)  free  from  decay,  worms,  disease,  skin 
punctures  or  skin  breaks,  growth 
cracks,  split  pits  and  gum; 

(c)  free  from  damage  by  insects; 

(d)  free  from  damage  caused  by  russeting 
and  limb  rub  that  affects  an  aggregate 
area  per  peach  that  exceeds  S  per  cent 
of  the  surface  area  of  the  peach; 


(e)  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 

(/)  free  from  an>-  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, 

(a)  "firm"  means  fairly  solid  but  xielding  very 
slightly  to  moderate  pressure; 

(b)  "ripe"  means  yielding  readily  to  moderate 
pressure; 

(c)  "soft"  means,  with  respect  to  peaches  that  are 
not  clingstone  peaches,  over-ripe,  possessing 
very  little  resistance  to  slight  pressure  and 
having  reached  a  stage  of  growth  that  is  too 
far  advanced  to  be  desirable  for  processing; 
and 

{({)  "well  formed"  includes  being  capable  of 
yielding  two  well  shaped  halves. 

(3)  Tolerances  by  count  for  variations  incidental  to 
commercial  grading  and  handling  of  peaches  for  pro- 
cessing shall  be  not  more  than, 

(a)  3  per  cent  affected  b\  decay; 

{b)  5  per  cent  having  the  same  grade  defect;  and 

(r)  10  per  cent  having  grade  defects  of  any  kind 
including  those  referred  to  in  clauses  (a)  and 
(ft).     O.  Reg.  788/80,  s.  96. 


97. — (1)  The  grade  for  pears  for  processing  is  as 
follows: 

1.  No.  1  Grade,  consisting  of  pears  that  are, 

(a)  mature,  hand-picked,  sound,  firm, 
well  formed,  capable  of  yielding  two 
well  shaped  halves  and  of  one  variet\'; 

(ft)  free  from  scald,  hard  end,  black  end, 
internal  breakdown,  decay,  worms, 
drought,  spots,  sooty  blotch  and  ink 
spots;  and 

(c)  free  from  damage  that  cannot  be  com- 
pletely removed  in  the  ordinary  pro- 
cess of  paring  the  pears  for  commercial 
use  and  that  is  caused  by, 

(i)  bruises, 


582 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


(ii)  russeting  that  is  not  charac- 
teristic of  the  variety  and  that 
affects  an  aggregate  area  per 
pear  that  exceeds  5  per  cent  of 
the  surface  area  of  the  pear, 

(iii)  insect  injury, 

(iv)  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, 

(v)  hail  marks, 

(vi)  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, 

(vii)  skin  punctures, 

(viii)  insects,  other  than  leaf  roller 
injury  that  is  not  more  than 
one-half  of  an  inch  in  diameter 
and  does  not  deform  the  pear. 


(ix)  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  proces- 
sing 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  (f ).     O.  Reg.  788/80,  s.  97. 

PLUMS  AND  FRESH  PRUNES 

98. — (1)  The  grade  for  plums  and  fresh  prunes  for 
processing  is  as  follows: 

1.  No.  1  Grade,  consisting  of  plums  or  prunes 
that  are, 

(a)  well  formed,  mature,  clean,  of  good 
colour  and  of  one  variety; 

(b)  free    from    plum    rot,    decay,    insect 
injury,  leaf  marks,  doubles,  sun-scald 


where  the  softening  or  collapse  of  the 
flesh  is  apparent,  russeting  and  dis- 
ease; 

(c)  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; 

(d)  free  from  heat  injury  that  is  extensive 
or  not  light  in  colour; 

(e)  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; 

(/)  free  from  growth  cracks; 

ig)  free  from  split  pits; 

(h)  free  from  drought  spots  and  gum  spots; 

(i)  free  from  insects; 

(j)  free  from  bruising  other  than  slight 
bruising  incidental  to  grading  and 
handling  of  plums  and  prunes; 

(k)  free  from  hail  marks  or  other  similar 
depressions  or  scars  that  are  not  shal- 
low or  superficial  or  that  affect  an 
aggregate  area  per  plum  or  prune 
exceeding  one-quarter  of  an  inch  in 
diameter; 

(/)  free  from  any  combination  of  two  or 
more  of  the  defects  referred  to  in  clause 
(c),  (d),  (e),  (/),  (g),  ih),  (i),  (j)  or  {k) 
the  seriousness  of  which  exceeds  the 
tolerance  prescribed  for  any  one 
defect  in  the  combination;  and 

(m)  free  from  any  damage,  injury  or  defect 
or  a  combination  thereof  that  is  not 
referred  to  in  clause  (c),  {d),  (e),  (/), 
(g),  (h),  (i),  (j)  or  (k)  and  that  materi- 
ally affects  their  appearance,  edibility 
or  processing  quality. 

(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; 

(6)  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). 


Reg.  332 


FARM  PRODUCTS  GRADES  AND  SALES 


583 


(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 

(6)  more  than  4  per  cent  of  the  plums  or  fresh 
prunes  in  the  lot  have  stems  attached. 
O.  Reg.  788/80,  s.  98. 

TOMATOES  FOR  CANNING 

99. — (1)  Where  tomatoes  are  bought  from  the 
grower  on  a  grade  basis  for  the  purpose  of  canning,  the 
grades  for  the  tomatoes  are  as  follows- 

1 .  No.  1  Grade,  consisting  of  tomatoes  that  are, 

(a)  firm,  ripe,  well  formed  and  well  col- 
oured; 

(b)  free  from  black  moulds  that  affect  the 
flesh  of  the  tomato,  worms  that  have 
penetrated  the  wall  of  the  tomato, 
decay  and  anthracnose;  and 

(c)  free  from  damage  caused  by  growth 
cracks,  insects,  disease,  cat-faces, 
sunburn,  sun-scald,  white  moulds  or 
frost  injury  or  by  mechanical  or  other 
means. 

2.  No.  2  Grade,  consisting  of  tomatoes  that  do 
not  meet  the  requirements  for  No.  1  Grade  but 
are, 

(a)  ripe  and  fairly  well  coloured; 

(b)  free  from  worms  that  have  penetrated 
the  wall  of  the  tomato;  and 

(c)  free  from  serious  damage  caused  by 
growth  cracks,  insects,  disease,  cat- 
faces,  sunburn,  sun-scald,  moulds  or 
frost  injury,  or  by  mechanical  or  other 
means. 

3.  Culls,  consisting  of  tomatoes  that  do  not  meet 
the  requirements  of  No.  2  Grade. 

(2)  The  minimum  size  for  each  grade  may  be  fixed  by 
agreement  between  the  seller  and  the  purchaser  and 
tomatoes  below  the  fixed  minimum  are  culls. 

(3)  In  subsection  (1), 

(a)  "damage"  means  any  injury  that  causes  a  loss 
to  a  tomato  in  trimming  and  peeling  of  more 
than  10  per  cent  by  weight; 

(b)  "fairly  well  coloured"  means  that  the  flesh  of 
the  tomato  shows  at  least  two-thirds  red  col- 


our and  has  an  Agtron  E  reading  from  54  to 
84,  both  inclusive; 

(c)  "firm"  means  that  the  tomato  is  not  soft, 
puffy,  shrivelled  or  water  soaked; 

(rf)  "serious  damage"  means  any  injury  that 
causes  loss  to  a  tomato  in  trimming  and  peel- 
ing of  more  than  15  per  cent  by  weight  for 
black  mould  and  20  per  cent  for  all  other 
defects; 

(e)  "well  coloured"  means  that  the  flesh  of  the 
tomato  shows  at  least  90  per  cent  red  colour 
and  has  an  Agtron  E  reading  from  1  to  53, 
both  inclusive;  and 

(/)  "well  formed"  means  that  the  tomato  is  fairly 
round  and  not  badly  misshapen.  O.  Reg. 
788/80,  s.  99. 


TOMATOES  FOR  STRAINED  TOMATO  PRODUCTS 

100. — (1)  Where  tomatoes  are  bought  from  the 
grower  on  a  grade  basis  for  the  purpose  of  manufactur- 
ing into  strained  tomato  products  the  grades  for  the 
tomatoes  are  as  follows: 

1.  No.  1  Grade,  consisting  of  tomatoes  that  are, 

(a)  fairly  firm,  rij)e  and  well  coloured; 

(fc)  free  from  black  moulds  that  affect  the 
flesh  of  the  tomato,  worms  that  have 
penetrated  the  wall  of  the  tomato, 
anthracnose,  stems  and  frost  injury; 
and 

(c)  free  from  damage  caused  by  growth 
cracks,  shrivelling,  white  moulds, 
decay,  insects,  disease,  sunburn,  sun- 
scald,  woody  cat-faces  or  other  means. 

2 .  No.  2  Grade,  consisting  of  tomatoes  that  are, 

(a)  ripe  and  fairly  well  coloured; 

(6)  free  from  worms  that  have  penetrated 
the  wall  of  the  tomato;  and 

(c)  free  from  serious  damage  caused  by 
growth  cracks,  shrivelling,  moulds, 
decay,  insects,  disease,  sunburn,  sun- 
scald,  woody  cat-faces  or  by  other 
means. 

3.  Culls,  consisting  of  tomatoes  that  do  not  meet 
the  requirements  of  No.  2  Grade. 

(2)  In  subsection  (1), 

(a)  "damage"  means  any  injury  that  causes  a  loss 
to  the  tomato  in  trimming  of  more  than  10  per 
cent  by  weight; 


584 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  332 


(b)  "fairly  firm"  means  that  the  tomato  is  not 
water  soaked,  puffy,  or  sun  blistered; 

(c)  "fairly  well  coloured"  means  that  the  flesh  of 
the  tomato  shows  at  least  two-thirds  red  col- 
our and  has  an  Agtron  E  reading  from  49  to 
76,  both  inclusive; 

(d)  "serious  damage"  means  any  injury  that 
causes  a  loss  to  a  tomato  in  trimming  of  more 
than  15  per  cent  by  weight  for  black  mould 
and  20  per  cent  by  weight  for  all  other  defects; 
and 

(c)  "well  coloured"  means  that  the  flesh  of  the 
tomato  shows  at  least  90  per  cent  red  colour 
and  has  an  Agtron  E  reading  from  1  to  48, 
both  inclusive. 

(3)  Tomatoes  in  a  lot  that  have  stems  attached  and 
that  otherwise  meet  the  requirements  for  No.  1  Grade 
shall  be  deemed  to  meet  the  requirements  for  No.  1 
Grade  Tomatoes  for  manufacturing  into  strained 
tomato  products  where  a  contract  between  a  grower 
and  a  processor  for  the  tomatoes  provides  that  the 
tomatoes  may  have  stems  attached.  O.  Reg.  788/80, 
s..  100. 

101. — (1)  Tomatoes  bought  by  a  processor  from  a 
grower  for  the  purpose  of  canning  and  manufacturing 


into  strained  tomato  products  shall  be  bought  on  a 
grade  basis. 

(2)  All  grading  of  tomatoes  bought  under  subsection 
(1)  shall  be  by  inspectors  or  graders  appointed  under 

the  Act. 

(3)  No  processor  shall  buy  tomatoes  from  a  grower 
for  the  purposes  mentioned  in  subsection  (1)  unless  the 
tomatoes  are  graded. 

(4)  Where  tomatoes  are  bought  for  the  purposes 
mentioned  in  subsection  (1), 

(a)  subject  to  clause  (b),  a.  tomato  that  is  otherwise 
of  No.  1  Grade  but  has  a  stem  that  extends 
beyond  the  natural  node  shall  be  deemed  to  be 
of  No.  2  Grade; 

(b)  a  tomato  of  stemless  variety  that  is  otherwise 
of  No.  1  Grade  but  has  a  stem  that  exceeds  one 
inch  in  length  shall  be  deemed  to  be  of  No.  2 
Grade;  and 

(c)  a  cluster  of  tomatoes  on  a  branch  shall  be 
deemed  to  be  of  No.  2  Grade  except  that  any 
individual  tomato  that  does  not  meet  the 
requirements  of  No.  2  Grade  shall  be  removed 
and  deemed  to  be  a  Cull.  O.  Reg.  788/80, 
s.  101. 


Reg.  333 


FARM  PRODUCTS  GRADES  AND  SALES 


585 


REGULATION  333 

under  the  Farm  Products  Grades  and  Sales  Act 


GRADES  FOR  HOG  CARCASSES 
1.  In  this  Regulation, 

(a)  "carcass"  means  the  carcass  of  an  animal 
of  the  swine  species,  including  the  head, 
leaflard,  kidneys,  tongue  including  hyoid 
bone,  tenderloins,  diaphragm,  tail,  back- 
bone and  feet ; 

(b)  "  Commissioner' '  means  the  Live  Stock  Com- 
missioner of  Ontario ; 

(c)  "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  Standards  Act; 

{d)  "grader"  means  a  grader  assigned  to  an 
estabUshment  for  the  purpose  of  grading 
carcasses; 

(«)  "inspector"  means  an  inspector  appointed 
under  the  Act ; 

{/)  "operator"  means  a  person  operating  an 
establishment ; 

(g)  "shipper"  means  a  shipper  licensed  under 
the  Ontario  Pork  Producers'  Marketing 
Plan; 

(A)  "veterinary  inspector"  means  a  person 
appointed  or  designated  as  an  inspector 
under  the  Meat  Inspection  Act  (Canada)  or 
the  Meat  Inspection  Act  (Ontario).  O.  Reg. 
806/75,  s.  1. 

2.  Carcasses  are  designated  as  farm  products. 
O.  Reg.  806/75.  s.  2. 

3.  The  following  grade  names  for  carcasses  and  the 
grades  and  standards  therefor,  established  under  the 
Canada  Agricultural  Products  Standards  Act,  are  here- 
by 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.     O.  Reg.  806/75, 
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  verte- 
brae remaining  on  the  left  side ; 

(6)  open  through  the  tailhead  to  within  one 
inch  above  the  atlas  joint ;  and 

(c)  measured  on  the  left  side.  O.  Reg.  806/75, 
s.  4. 

5.— (1)  The  standards  for  Type  demerits  estab- 
lished under  the  Canada  Agricultural  Products 
Standards  Act  are  hereby  adopted  in  whole. 

(2)  The  standards  for  Quality  demerits  established 
under  the  Canada  Agricultural  Products  Standards 
Act  are  hereby  adopted  in  whole. 


586 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  333 


(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.     O.  Reg.  806/75,  s.  5. 

6. — (1)  No  carcass  shall  be  graded, 

(a)  by  a  person  other  than  a  grader ; 

(6)  at  a  place  other  than  an  establishment ; 

(c)  unless  the  grader  is  provided  with  a 
sufficient  number  of  efficient  helpers  to 
assist  him  in  his  duties ; 

(d)  if  the  operator  is  of  the  opinion  that  he 
does  not  have  freedom  from  interference  in 
carrying  out  his  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  presented  to  him  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  determines 
that  such  bruises  or  marks  are  the  result  of  physical 
injury  of  farm  origin.     O.  Reg.  806/75,  s.  6. 

7. — (1)  Where  a  grader  has  graded  a  carcass  he 
may,  at  the  request  of  any  consignor  or  his  agent, 
issue  a  grade  certificate  for  any  carcass  or  carcasses 
graded  by  him  at  an  establishment  if  the  consignor 
or  agent, 

(a)  has  placed  on  each  of  the  animals  to  be  car- 
cass graded  the  distinct  and  specific  tattoo 
mark  of  identity  referred  to  in  section  8;  and 

(6)  has  completed  and  filed  with  the  grader  at 
the  establishment  at  the  time  of  delivery 
of  the  animal  or  animals,  as  the  case  may 
be,  to  the  operator  of  the  establishment 
the  manifest  referred  to  in  section  8. 

(2)  A  grader  may  refuse  to  issue  a  grade  certificate 
for  any  carcass  where  he  believes,  on  reasonable 


and  probable  grounds,  that  the  provisions  of  the 
Act  or  this  Regulation  have  been  contravened  by 
means  of  or  in  relation  to  such  carcass  until  such  time 
as  he  is  satisfied  that  such  provisions  have  been  com- 
plied with. 

(3)  A  grade  certificate  shall  indicate  any  carcasses 
that  have  been  condemned  by  a  veterinary  inspector. 
O.  Reg.  806/75,  s.  7. 

8. — (1)  A  shipper,  upon  taking  delivery  of  animals 
from  a  producer,  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  establishment  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  estab- 
lishment at  which  the  hogs  are  to  be  slaughtered. 
O.  Reg.  806/75,  s.  8. 

9. — (1)  Where  an  inspector  detains  a  carcass,  he 
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. 
O.  Reg.  806/75,  s.  9. 

10.  A  carcass  bought  by  an  ojjerator  shall  be 
deemed  to  be  bought  on  the  basis  of  the  grade 
shown  on  any  grading  certificate  issued  respecting 
such  carcass.     O.  Reg.  806/75,  s.  10. 


Reg.  334 


FARM  PRODUCTS  GRADES  AND  SALES 


587 


REGULATION  334 

under  the  Farm  Products  Grades  and  Sales  Act 


GRADES  FOR  LAMB  AND 
MUTTON  CARCASSES 

1.  In  this  Regulation, 

(a)  "brand"  means  an  imprint  described  in 
Schedule  2 ; 

(b)  "carcass"  means  the  entire  carcass  of  an 
animal  of  the  sheep  species,  but  does  not 
include, 

(i)  the  p>elt,  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  mutton, 
the  alimentary  canal,  liver,  spleen, 
genital  tract  and  genitalia,  heart, 
lungs,  membranous  portion  of  the 
diaphragm,  heart  fat,  external  cod 
or  udder  fat,  and  the  tail  posterior 
to  the  third  coccygeal  vertebra ;  or 

(ii)  any  portion  of  the  carcass  the  removal 
of  which  is  required  under  the  Meat 
Inspection  Act  (Canada)  or  the  Meat 
Inspection  Act  (Ontario)  or  any  regu- 
lation made  thereunder; 

(c)  "Commissioner"  means  the  Live  Stock 
Commissioner  of  Ontario ; 

(d)  "district  supervisor"  means  a  District 
Supervisor  of  the  Livestock  Division  of  the 
Department  of  Agriculture  of  Canada; 

(e)  "establishment"  means  any  establishment 
registered  under  the  Meat  Inspection  Act 
(Canada),  the  Lamb  and  Mutton  Carcass 
Grading  Regulations  under  the  Canada 
Agricultural  Products  Standards  Act  or 
the  Meat  Inspection  Act  (Ontario); 

(J)  "grader"  means  a  grader  assigned  to  an 
establishment  for  the  purpose  of  grading 
carcasses ; 

ig)  "inspector"  means  an  inspector  appointed 
under  the  Act ; 

(A)  "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   fore- 
legs; 

(»)  "mutton  carcass"  means  the  carcass  of  an 
animal  of  the  sheep  species,  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  lamb  carcass ; 

(j)  "operator"  means  a  person  operating  an 
estabhshment.     O.  Reg.  808/75,  s.  1. 

2.  Carcasses  are  designated  as  farm  products. 
O.  Reg.  808/75,  s.  2. 

3. — (1)  The  following  grade  names  for  lamb  car- 
casses and  the  grades  and  standards  therefor, 
established  under  the  Canada  Agricultural  Products 
Standards  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  Agricultural  Products  Standards 
A  ct,  are  hereby  adopted  in  whole : 

1.  Canada  Dl. 

2.  Canada  D2. 

3.  Canada  D3. 

4.  Canada  D4. 

5.  Canada  E.     O.  Reg.  808/75,  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 ; 


588 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  334 


(c)  unless  the  grader  is  provided  with  a 
sufficient  number  of  efficient  helpers  to 
assist  him  in  his  duties ; 

{d)  if  the  grader  is  of  the  opinion  that  he 
does  not  have  freedom  from  interference 
in  canying  out  his  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  presented  to  him  for  grading  during 
reasonable  hours  mutually  agreed  upon  between  the 
operator  and  the  district  supervisor.  O.  Reg. 
808/75,  s.  4. 

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  carcass. 

(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.     O.  Reg.  808/75.  s.  5. 

6. — (1)  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  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  Col- 
umn 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 

1. 
2. 
3. 
4. 

Canada  Al. 
Canada  A2. 
Canada  A3. 
Canada  A4. 

Red 
Red 
Red 
Red 

Item 

Column  I 

Column  II 

GRADES 

GRADES 

5. 

Canada  B. 

Blue 

6. 

Canada  CI. 

Brown 

7. 

Canada  C2. 

Brown 

8. 

Canada  Dl. 

Black 

9. 

Canada  D2. 

Black 

10. 

Canada  D3. 

Black 

11. 

Canada  D4. 

Black 

12. 

Canada  E. 

Black 

O.  Reg.  808/75,  s.  6. 

7.  No  person  other  than  an  operator  shall  apply 
a  brand  to  a  graded  carcass.     O.  Reg.  808/75,  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  appUed  to  the 
carcass ; 

{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. 
0.  Reg.  808/75,  s.  8. 

9.  Where  a  grader  has  graded  a  carcass  he  may, 
at  the  request  of  any  consignor  or  his  agent,  issue 
a  grade  certificate  for  any  carcass  or  carcasses  graded 
by  him  at  an  establishment,  if  the  consignor  or 
agent, 

(a)  has  placed  on  each  of  the  animals  to  be 
carcass  graded  distinct  and  specific  identi- 
fication approved  by  the  Commissioner  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  estabhshment  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  pre- 
scribed by  the  Commissioner.  O.  Reg. 
808/75,  s.  9. 


Reg.  334 


FARM  PRODUCTS  GRADES  AND  SALES 


589 


10. — (1)  Where  an  inspector  detains  a  carcass,  he 
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. 
O.  Reg.  808/75,  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 
Regtilation. 

(2)  No  person  shall  apply  to  a  carcass  an  impres- 
sion, 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.     O.  Reg.  808/75,  s.  11. 

12.  Carcasses  shall  be  divided  into  lamb  carcasses 
and  mutton  carcasses  in  accordance  with  the 
characteristics  set  out  in, 

(a)  clauses  1  (h)  and  (i);  and 

(6)  the  standards  referred  to  in  section  3. 
O.  Reg.  808/75,  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  mistaken  by  any 
person  for  a  grade  name  other  than  a  grade 
name  applied  to  the  lamb  carcass  or  mutton 


carcass,  sis  the  case  may  be,  under  this 
Regulation.     O.  Reg.  493/76,  s.  1. 

Schedule  1 

GRADE  STAMP 
Dimensions :     1  inch  square 


CANADA 
Al 


O.  Reg.  808/75,  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-sixteenths 
of  an  inch  in  height.     O.  Reg.  808/75,  Sched.  2. 


Reg.  335 


FARM  PRODUCTS  GRADES  AND  SALES 


591 


REGULATION  335 


under  the  Farm  Products  Grades  and  Sales  Act 


GRADES  FOR   POULTRY 

INTERPRETATION 

1.   In  this  Regulation, 

(a)  "consumer"  means  a  person  who  buys 
undrawn  dressed  poultry  or  eviscerated 
poultry  for  use  by  himself  or  his  household 
and  not  for  resale ; 

(b)  "eviscerated  poultry"  means  slaughtered 
poultry  from  which  the  blood,  feathers, 
head,  legs  at  the  hock  joints,  oil  sac  and 
viscera,  including  the  respiratory,  diges- 
tive, reproductive  and  urinary  systems 
have  been  removed ; 

(c)  "further  processing"  means  the  cutting 
into  parts,  canning  or  manufacturing  into 
food  products  of  undrawn  dressed  poultry 
or  eviscerated  poultry ; 

(d)  "poultry"  means, 

(i)  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, 

(ii)  chicken  capon  being  male  chickens 
that  have  undergone  a  process  result- 
ing in  a  complete  removal  or  inacti- 
vation  of  the  sex  organs,  and  that 
have  a  flexible  cartilage  at  the 
posterior  end  of  the  breast  or  keel 
bone,  tender  meat  and  soft  skin  of 
smooth  texture, 

(iii)  fowl  being  mature  chickens  of 
either  sex  with  rigid  cartilage  at  the 
posterior  end  of  the  breast  or  keel 
bone;  male  birds  may  have  lengthy 
hard  spur  development . 

(iv)  turkey,  including, 

(A)  young  turkey,  being  young 
birds  of  either  sex,  having 
flexible  cartilage  at  the  post- 
erior end  of  the  breast  or  keel 
bone,  tender  meat  and  soft 
skin  of  smooth  texture,  and 

(B)  mature  turkey,  being  mature 
birds  of  either  sex,  having  rigid 


cartilage  at  the  posterior  end  of 
the  breast  or  keel  bone, 

(v)  ducks,  including, 

(A)  young  ducks,  being  young 
birds  of  either  sex,  having 
flexible  cartilage  at  the  post- 
erior end  of  the  breast  or  keel 
bone,  tender  meat  and  soft 
skin  of  smooth  texture,  and 

(B)  mature  ducks,  being  mature 
birds  of  either  sex,  having  rigid 
cartilage  at  the  posterior  end 
of  the  breast  or  keel  bone, 

(vi)  geese,  including, 

(A)  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 
texture,  and 

(B)  mature  geese,  being  mature 
birds  of  either  sex,  having  rigid 
cartilage  at  the  posterior  end 
of  the  breast  or  keel  bone; 

{e)  "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  Agri- 
cultural Products  Standards  A  ct ; 

{g)  "registered  station"  means  a  place  in 
respect  of  which  a  certificate  of  registration 
as, 

(i)  a    registered    poultry    killing    and 
dressing  station,  or 

(ii)  a  registered  poultry  grading  station, 

has  been  issued  under  the  Canada  Agricul- 
tural Products  Standards  Act : 

(h)  "undrawn  dressed  poultry"  means 
slaughtered  poutry  from  which  the  blood 
and  feathers  have  been  removed  ; 

(j)  "vendor"  means  a  person  who  sells  or 
offers    for   sale   undrawn   dressed    poultry 


592 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  335 


or  eviscerated  poultry  to  a  retail  or  whole- 
sale market,  a  consumer,  a  retail  store,  an 
institution,  a  hotel,  a  restaurant,  a  bar- 
becue or  to  anyone  commercially  engaged 
in  serving  meals.     O.  Reg.  204/72,  s.  1. 

APPLICATION   OF   REGULATION 

2.  Undrawn  dressed  poultry  and  eviscerated 
poultry  are  designated  as  farm  products.  O.  Reg. 
204/72,  s.  2. 


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  possession  for  sale  any 
undrawn  dressed  poultry  or  eviscerated  poultry  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  trans- 
ported or  shipped  to  a  registered  station  for  the  pur- 
pose of  being  graded. 

(3)  Poultry  being  shipped  for  further  processing 
is  not  required  to  be  individually  marked.  ().  Reg. 
204/72,s.  3. 

4.  Notwithstanding  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  evis- 
cerated poultry  that  is  not  marked  as  required  in 
section  3,  if  the  poultry  is  produced  on  hi,s  own 
farm  and  is  advertised,  sold,  offered  for  sale,  held 
in  possession  for  sale  or  transported  to  consumers 
only.     O.  Reg.  204/72,  s.  4. 


5.  Any  person  grading  poultry  pursuant  to  the 
Act  or  this  Regulation  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.     O.  Reg.  204/72,  s.  5. 


6.  (1)  The  mdividual  bird  markings  referred  to  in 
section  5  shall  be  placed  on  metal  tags,  inserts  or 
transparent  bags  for  packing  individual  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.     O.  Reg  204  /72,  s.  6. 

7.  The  individual  bird  markings  shall  be  clear 
and  legible.     O.  Reg.  204  /72,  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 

(/)  for  Canada  Grade  D,  brown.  O.  Reg. 
204/72,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.     O.  Reg.  204/72,  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. 
O.  Reg.  204/72,  s.  10. 

11. — (1)  Where  the  bird  markings  are  applied  by 
the  operator  of  a  registered  station,  he  shall  apply  the 
markings  only  at  the  registered  station. 

(2)  Where  the  bird  markings  are  applied  by  a 
producer-grader,  he  shall  apply  the  markings  only 
at  the  premises  where  he  is  permitted  to  grade 
poultry  under  the  Canada  Agricultural  Products 
Standards  Act  and  the  regulations  thereunder. 


Reg.  335 


FARM  PRODUCTS  GRADES  AND  SALES 


593 


(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.  O.  Reg.  204/72, 
s.  11. 

ADVERTISING 

12. — (1)  No  person  who  sells,  offers  for  sale  or 
holds  in  f>ossession  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  p)erson  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.  O.  Reg. 
204/72,  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  app)ear  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.     O.  Reg.  204/72,  s.  13. 

14. — (1)  Any  advertisement  pertaining  to  un- 
drawn dressed  poultry  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  advertis- 
ment  under  subsection  (1)  shall  be  in  letters  of  a  size 
and  prominence  at  least  equal  to  those  of  the  grade 
name.     O.  Reg.  204/72,  s.  14. 

15.  All  grade  markings  on  undrawn  dressed  proultry 
or  eviscerated  poultry  displayed  for  sale  shall  be 
clearly  visible  and  not  obscured  by  other  markings  or 
materials.     O.  Reg.  204/72.  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.     O.  Reg.  204  /72.  s.  16. 

DETENTION 

17.^ — (1)  Where  an  inspector  has  placed  under 
detention  any  undrawn  dressed  poultry  or  eviscer- 
ated poultry  he  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  Agriculture  and  Food 
—  Province  of  Ontario", 

(ii)  the  number  assigned  by  the  in- 
spector, 

(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  consisting  of  the  letters  "DET" 
and  the  number  of  the  detention  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).  O.  Reg.  204/72, 
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  his 
agent,  a  duly  completed  notice  of  detention  in  Form  1 
and,  where  the  poultry  is  on  premises  other  than 
that  of  the  owner,  he  shall  also  deliver  or  mail  a  copy  of 
the  notice  of  detention  to  the  person  on  whose 
premises  the  poultry  is  found.     O.  Reg.  204  /72,  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. 
O.  Reg.  204/72,  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. 
O.  Reg.  204/72,  s.  20. 

21. — (1)  Where  an  inspector  is  satisfied  that  any 
fwultry  held  under  detention  complies  with  this 
Regulation,  he  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.  O.  Reg.  204/72, 
s.  21. 

22. — (1)  The  grades  for  undrawn  dressed  poultry 
and  eviscerated  poultry  are  established  as  set  out  in 
the  following  tables: 


594 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  335 


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. 


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. 

6.  Canada  Grade  D  Capon  Chicken. 


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. 

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. 


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. 


Table  6 

1.  Canada  Grade  Special  Goose. 

2.  Canada  Grade  A  Goose. 

3.  Canada  Grade  B  Goose. 

4.  Canada  Grade  Utility  Goose. 

5.  Canada  Grade  C  Goose. 

6.  Canada  Grade  D  Goose. 


(2)  The  standards  for  the  grades  established  in 
tables  1,  2,  3,  4,  5  and  6  to  subsection  (1)  are  set  out  in 
Schedules  1,  2,  3,  4,  5  and  6,  respectively.  O.  Reg. 
204/72,  s.  22. 


Schedule  1 


The  standards  for  the  grades  established  in  Table  1 
to  subsection  22  (1)  are  as  follows: 

1.  Canada  Grade  Special  Chicken,  consisting 
of  undrawn  dressed  chickens  and  eviscerated 
chickens  that, 

(a)  are  whole,  except  for  the  usual  cut- 
ting for  proper  evisceration,  in  the 
case  of  eviscerated  chickens; 

(6)  are  of  normal  physical  conformation 
with  no  deformities ; 

(c)  are  plump,  full  breasted  on  both 
sides  of  the  keel  bone  at  the  anterior 
end,  with  a  slight  tapering  of  flesh 
toward  the  posterior endand  with  the 
keel  bone  at  the  anterior  end  not 
projecting  more  than  one-sixteenth 
of  an  inch  beyond  the  flesh; 


Reg.  335 


FARM  PRODUCTS  GRADES  AND  SALES 


595 


{d)  have  a  thick  deposit  of  fat  at  the  base 
of  the  neck  extending  in  a  heavy  roll 
into  the  "V"  of  the  wishbone  and  fat 
showing  generally  over  the  breast, 
thighs  and  back; 

(e)  do  not  have  more  than  four  pin- 
feathers  on  the  breast  and  not  more 
than  eight  pin-feathers  elsewhere  on 
the  carcass; 

(/)  have  no  prominent  discolouration ; 

(g)  have  no  more  than  one  skin  tear  on 
the  breast  and  the  tear  does  not 
exceed  one-quarter  inch  in  length ; 

(A)  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  evis- 
cerated chicken  weighing  more  than 
three  pounds,  no  tear  exceeds  one- 
half  of  an  inch  in  length; 

(i)  do  not  have  any  freezer  burn  other 
than  freezer  burn  consisting  of  slight 
surface  desiccation; 

(j)  do  not  have  a  dried  out  appearance ; 

{k)  do  not  have  any  cysts;  and 

(/)  do  not  have  any  broken  bones. 


2.  Canada  Grade  A  Chicken,  consisting  of 
undrawn  dressed  chickens  and  eviscerated 
chickens  that, 

(a)  are  whole  except  for  the  usual  cut- 
ting for  proper  evisceration  in  the 
case  of  eviscerated  chicken  ; 

(A)  are  of  normal  physical  conforma- 
tion with  no  deformities  except  that 
the  keel  bone  may  be  slightly  crooked 
so  long  as  it  does  not  interfere  with 
the  normal  arrangement  and  place- 
ment of  meat ; 

(f)  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; 


(d)  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; 

{e)  do  not  have  more  than  five  pin- 
feathers  on  the  breast  and  not  more 
than  ten  pin-feathers  elsewhere  on 
the  carcass ; 

(/)  do  not  have  more  than  four  promi- 
nent discoloured  spots  on  the  breast 
and  the  total  area  of  the  spots  does 
not  exceed  one-quarter  square  inch ; 

(g)  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  red- 
dish 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 ; 

(A)  do  not  have  on  the  breast  more 
than  one  skin  tear  and  the  tear 
does  not  exceed  one-quarter  of  an 
inch  in  length ; 

(i)  have  no  more  than  two  skin  tears 
on  the  carcass  elsewhere  than  on 
the  breast  and  no  tear  exceeds  one- 
half  of  an  inch  in  length ; 

(j)  do  not  have  any  freezer  burn  other 
than  freezer  burn  consisting  of  sur- 
face desiccation  and  the  total  area 
of  the  surface  desiccation  does  not 
exceed  two  and  one-quarter  square 
inches; 

(k)  do  not  have  a  dried  out  appearance; 

(/)  do  not  have  any  cysts ; 

(m)  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, 

(fl)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case  of 
eviscerated  chicken ; 

(6)  are  of  normal  physical  conformation 
with  no  deformities  except  that  the 
keel  bone  may  be  slightly  crooked; 


596 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  335 


(c)  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 ; 

(d)  have  sufficient  fat  to  prevent  a  dark 
red  appearance ; 

(e)  do  not  have  more  than  eight  pin- 
feathers  on  the  breast  and  not  more 
than  sixteen  pin-feathers  elsewhere 
on  the  carcass; 

(/)  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  ; 

(g)  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 
prominent  discoloured  spots  on  the 
carcass  elsewhere  than  on  the  breast 
if  the  total  area  of  the  other  spots 
does  not  exceed  one  and  on^-quarter 
square  inches ; 

(A)  have  no  more  than  two  skin  tears  on 
the  breast  and  no  tear  exceeds  one- 
half  of  an  inch  in  length ; 

(i)  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 ; 

(j)  may  have  freezer  burn  consisting 
of  deep  pitted  desiccation  if  the  total 
area  of  deep  pitted  desiccation  does 
not  exceed  two  and  one-quarter 
square  inches ; 

(k)  do  not  have  more  than  one  cyst  and 
the  cyst  is  small,  loose  and  not 
discoloured ;  and 

(/)  do  not  have  any  broken  bones. 

Canada  Grade  Utility  Chicken,  consisting 
of  undrawn  dressed  chicken  and  evis- 
cerated chicken  that  do  not  meet  the 
requirements  for  Canada  Grade  Special 
Chicken ,  Canada  Grade  A  Chicken  or  Canada 
Grade  B  Chicken  but  that, 

(a)  may  have,  in  the  case  of  eviscerated 
chicken,  the  usual  cutting  for  evis- 
ceration; 

(b)  subject  to  clause  c,  have  flesh  that 
is  substantially  intact  except  that  a 


small  portion  of  the  flesh  may  be 
cut  away  if  no  appreciable  loss  in  meat 
yield  is  occasioned  thereby ; 

(c)  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; 

(d)  have  areas  of  skin  missing  if  the  areas 
do  not  exceed  in  aggregate  the  area 
of  one-half  of  the  breast ; 

(e)  subject  to  clauses  (a),  (6),  (c)  and  (d), 
are  whole; 

(/)  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 ; 


(g) 


have  sufficient  fat  to  prevent  a  dark 


red  appearance 


(A)  do  not  have  more  than  eight  pin- 
feathers  on  the  breast  and  not  more 
than  sixteen  pin-feathers  elsewhere 
on  the  carcass ; 

(i)  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 ; 

(j)  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 
prominent  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 ; 

(k)  do  not  have  more  than  one  cyst  and 
the  cyst  is  small,  loose  and  not 
discoloured ; 

(/)  may  have  freezer  burn  consisting  of 
deep  pitted  desiccation  if  the  total 
area  of  deep  pitted  desiccation  does 
not  exceed  two  and  one-quarter 
square  inches ;  and 

(m)  may  have  dislocated  or  broken  wing 
or  leg  bones,  so  long  as  no  other 
bone  is  dislocated  or  broken. 


Reg.  335 


FARM  PRODUCTS  GRADES  AND  SALES 


597 


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, 

(a)  are  whole  except  for  the  usual 
cutting  for  proper  evisceration  in  the 
case  of  eviscerated  chicken ; 

(b)  have  sufficient  fullness  of  flesh  on 
both  sides  of  the  keel  bone  to  prevent 
an  extremely  sharp  falling  away  of 
fiesh  from  the  anterior  to  the  posterior 
end  and  with  the  keel  bone  not 
projecting  more  than  three-six- 
teenths of  an  inch  beyond  the  flesh ; 

(c)  may  have  pin-feathers  or  discolour- 
ation caused  by  pin-feathers; 

(d)  subject  to  clause  (c),  do  not  have  dis- 
colouration on  the  breast  in  excess  of 
an  area  of  two  and  one-quarter  square 
inches; 

{e)  may  have  discolouration  from  poor 
bleeding  on  the  neck,  feather  tract 
discolouration  of  an  amber  or  red- 
dish tinge  on  the  back  and  subject 
to  clause  (c),  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 

(/)  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, 

(a)  are  whole  except  for  the  usual  cut- 
ting for  proper  evisceration  in  the 
case  of  eviscerated  chicken ; 

(b)  have  some  flesh  on  both  sides  of  the 
keel  bone ; 

(c)  subject  to  clause  (c),  do  not  have 
severe  discolouration  from  any 
cause.     O.  Reg.  204/72,  Sched.  1. 

Schedule  2 

CHICKEN   CAPON 

The  standards  for  the  grades  established  in  Table  2 
to  subsection  22  (1)  are  as  follows: 


1.  Canada  Grade  Sp)ecial  Chicken  Capon, 
consisting  of  undrawn  dressed  chicken 
capons  and  eviscerated  chicken  capons 
that, 

(a)  have  the  breast,  thighs  and  back 
well  covered  with  fat ;  and 

(b)  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,  con- 
sisting of  undrawn  dressed  chicken  capons 
and  eviscerated  chicken  capons  that, 

(a)  have  the  breast,  thighs  and  back 
reasonably  well  covered  with  fat; 
and 

(b)  in  all  other  respects  meet  the  stand- 
ards 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  prescribed  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  Capwn  or  Canada  Grade  B 
Chicken  Capon  but  meet  the  standards  for 
Canada  Grade  Utility  Chicken  as  pre- 
scribed 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  Caf>on,  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. 
O.Reg.  204/72.  Sched.  2. 


598 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  335 


Schedule  3 

FOWL 


The  standards  for  the  grades  established  in  Table  3 
to  subsection  22  (1)  are  as  follows: 


1.  Canada  Grade  Special  Fowl,  consisting  of 
undrawn  dressed  fowl  and  eviscerated  fowl 
that, 

(a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case  of 
eviscerated  fowl ; 

(b)  are  of  normal  physical  conformation 
with  no  deformities ; 

(c)  are  plump,  full  breasted  on  both 
sides  of  the  keel  bone  at  the 
anterior  end,  with  a  slight  tapering 
of  fiesh  toward  the  posterior  end  and 
the  keel  bone  at  the  anterior  end  not 
projecting  more  than  one-sixteenth 
of  an  inch  beyond  the  flesh ; 

(d)  have  the  breast,  thighs  and  back 
well  covered  with  fat ; 

(e)  do  not  have  more  than  four  pin- 
feathers  on  the  breast  and  not  more 
than  eight  pin-feathers  elsewhere 
on  the  carcass ; 

(/)  have  no  prominent  discolouration; 

ig)  have  no  more  than  one  skin  tear  on 
the  breast  and  the  tear  does  not 
exceed  one-quarter  of  an  inch  in 
length; 

(A)  have  no  more  than  two  skin  tears  on 
the  carcass  elsewhere  than  on  the 
breast  and  no  tear  exceeds  one- 
half  of  an  inch  in  length  ; 

(t)  do  not  have  any  freezer  burn  other 
than  freezer  burn  consisting  of  slight 
surface  desiccation ; 

(j)  do  not  have  a  dried  out  appearance ; 

(k)  do  not  have  any  cysts;  and 

(/)  do  not  havt  any  broken  bones. 

2.  Canada  Grade  A  Fowl,  consisting  of  un- 
drawn dressed  fowl  and  eviscerated  fowl 
that, 

(a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case 
of  eviscerated  fowl ; 


(h)  are  of  normal  physical  conformation 
with  no  deformities  except  that  the 
keel  bone  may  be  slightly  crooked  so 
long  as  it  does  not  interfere  with  the 
normal  arrangement  and  placement 
of  meat ; 

(c)  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 ; 

(d)  have  the  breast,  thighs  and  back 
reasonably  well  covered  with  fat ; 

{e)  do  not  have  more  than  five  pin- 
feathers  on  the  breast  and  not  more 
than  ten  pin-feathers  elsewhere  on 
the  carcass ; 

(/)  donot  have  more  than  four  prominent 
discoloured  spots  on  the  breast  and 
the  total  area  of  the  spots  does  not 
exceed  one-quarter  square  inch  ; 

(g)  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  discoloured  spots  on  the 
carcass  elsewhere  than  on  the  breast 
if  the  total  area  of  the  other  spots 
does  not  exceed  one  square  inch ; 

(A)  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 ; 

(i)  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 ; 

(J)  do  not  have  any  freezer  burn  other 
than  freezer  burn  consisting  of  sur- 
face desiccation  and  the  total  area  of 
the  surface  desiccation  does  not  ex- 
ceed two  and  one-quarter  square 
inches ; 

{k)  do  not  have  a  dried  out  appearance; 

(/)  do  not  have  any  cysts ;  and 

(m)  do  not  have  any  broken  bones. 


Reg.  335 


FARM  PRODUCTS  GRADES  AND  SALES 


599 


3.  Canada  Grade  B  Fowl,  consisting  of  un- 
drawn dressed  fowl  and  eviscerated  fowl 
that  do  not  meet  the  requirements  for 
Canada  Grade  Special  Fowl  or  Canada 
Grade  A  Fowl,  but  that, 

(a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case 
of  eviscerated  fowl ; 

{b)  are  of  normal  physical  conformation 
with  no  deformities  except  that  the 
keel  bone  may  be  slightly  crooked ; 

(c)  have  sufficient  fullness  of  fiesh  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 ; 

{d)  have  sufficient  fat  to  prevent  a  dark 
red  appearance ; 

{e)  do  not  have  more  than  eight  pin- 
feathers  on  the  breast  and  not  more 
than  sixteen  pin-feathers  elsewhere 
on  the  carcass ; 

(/)  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 ; 

(g)  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 
prominent  discoloured  spots  on  the 
carcass  elsewhere  than  on  the  breast 
if  the  total  area  of  the  other  sp>ots 
does  not  exceed  one  and  one-quarter 
square  inches ; 

(A)  have  no  more  than  two  skin  tears  on 
the  breast  and  no  tear  exceeds  one- 
half  of  an  inch  in  length ; 

(i)  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; 

{j)  may  have  freezer  burn  consisting 
of  deep  pitted  desiccation  if  the  total 
area  of  deep  pitted  desiccation  does 
not  exceed  two  and  one-quarter 
square  inches; 

{k)  do  not  have  more  than  one  cyst  and 
the  cyst  is  small,  loose  and  not 
discoloured ;  and 

(/)  do  not  have  any'  broken  bones. 


4.  Canada  Grade  Utility  Fowl,  consisting  of 
undrawn  dressed  fowl  and  eviscerated 
fowl  that  do  not  meet  the  requirements  for 
Canada  Grade  Special  Fowl,  Canada  Grade 
A  Fowl  or  Canada  Grade  B  Fowl,  but  that, 

(fl)  may  have,  in  the  case  of  eviscerated 
fowl,  the  usual  cutting  for  evis- 
ceration ; 

(b)  subject  to  clause  (f),  have  flesh  that 
is  substantially  intact  except  that 
a  small  portion  of  the  flesh  may  be 
cut  away  if  no  appreciable  loss  in 
meat  yield  is  occasioned  thereby ; 

(c)  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 ; 

{d)  have  areas  of  skin  missing  if  the 
areas  do  not  exceed  in  aggregate  the 
area  of  one-half  of  the  breast ; 

(e)  subject  to  clauses  (a),  (b),  (c)  and  (d), 
are  whole; 

(/)  have  sufficient  fullness  of  flesh  on 
both  sides  of  the  keel  bone  to  prevent 
a  sharp  failing  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 ; 

{g)  have  sufficient  fat  to  prevent  a  dark 
red  appearance ; 

(A)  do  not  have  more  than  eight  pin- 
feathers  on  the  breast  and  not  more 
than  sixteen  pin-feathers  elsewhere 
on  the  carcass ; 

(t)  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 ; 

(j)  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 
prominent  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 ; 

{k)  do  not  have  more  than  one  cyst  and 
the  cyst  is  small,  loose  and  not 
discoloured ; 


600 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  335 


(/)  may  have  freezer  burn  consisting  of 
deep  pitted  desiccation  if  the  total 
area  of  deep  pitted  desiccation  does 
not  exceed  two  and  one-quarter 
square  inches;  and 

(m)  may  have  dislocated  or  broken  wing 
or  leg  bones,  so  long  as  no  other 
bone  is  dislocated  or  broken. 

5.  Canada  Grade  C  Fowl,  consisting  of  un- 
drawn 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, 

(a)  are  whole  except  for  the  usual 
cutting  for  proper  evisceration  in 
the  case  of  eviscerated  fowl ; 

(6)  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  pos- 
terior end  and  the  keel  bone  pro- 
jecting more  than  three-sixteenths 
of  an  inch  beyond  the  flesh; 

(c)  may  have  pin-feathers  or  discoloura- 
tion caused  by  pin-feathers ; 

id)  subject  to  clause  (c),  do  not  have  dis- 
colouration on  the  breast  in  excess  of 
an  area  of  two  and  one-quarter  square 
inches; 

(e)  may  have  discolouration  from  poor 
bleeding  on  the  neck,  feather  tract 
discolouration  of  an  amber  or  red- 
dish tinge  on  the  back  and  subject 
to  clause  (c),  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 

(/)  do  not  have  any  discoloured  cysts. 

6.  Canada  Grade  D  Fowl,  consisting  of  un- 
drawn 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, 

(a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case 
of  eviscerated  fowl ; 

(b)  have  some  flesh  on  both  sides  of  the 
keel  bone; 

(c)  may  have  pin-feathers  or  discoloura- 
tion caused  by  pin-feathers ;  and 


id)  subject  to  clause  (c),  do  not  have 
severe  discolouration  from  any 
cause.     O.  Reg.  204/72,  Sched.  3. 

Schedule  4 

TURKEYS 

The  standards  for  the  grades  established  in  Table  4 
to  subsection  22  (1)  are  as  follows: 

1.  Canada  Grade  Sp)ecial  Turkey,  consisting 
of  undrawn  dressed  turkeys  and  eviscerated 
turkeys  that, 

(a)  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  evisceration ; 

{b)  are  of  normal  physical  conformation 
with  no  deformities ; 

(c)  are  plump,  full  breasted  on  both 
sides  of  the  keel  bone  at  the  an- 
terior 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; 

(d)  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  reasonably  well  covered 
with  fat  and  in  the  case  of  un- 
drawn dressed  turkey  weighing  more 
than  eight  pounds,  have  the  breast, 
thighs  and  back  well  covered  with 
fat; 

(e)  do  not  have  more  than  four  pin- 
feathers  on  the  breast  and  not  more 
than  eight  pin-feathers  elsewhere  on 
the  carcass; 

(/)  have  no  prominent  discolouration  ; 

(g)  have  no  more  than  one  skin  tear  on 
the  breast  and  the  tear  does  not 
exceed  one-quarter  of  an  inch  in 
length ; 

(A)  have  no  more  than  two  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 


Reg.  335 


FARM  PRODUCTS  GRADES  AND  SALES 


601 


I 


L 


weighing  more  than  nine  pounds  or 
eviscerated  turkey  weighing  more 
than  eight  pounds  no  tear  exceeds 
three-quarters  of  an  inch  in  length; 

(t)  have  the  fore  part  of  the  breast  free 
of  flabbiness ; 

{j)  do  not  have  any  freezer  burn  other 
than  freezer  burn  consisting  of  sHght 
surface  desiccation ; 

{k)  do  not  have  a  dried  out  appearance; 

(/)  do  not  have  any  cysts ;  and 

(m)  do  not  have  any  broken  bones. 

2.  Canada  Grade  A  Turkey,  consisting  of 
undrawn  dressed  turkeys  and  eviscerated 
turkeys  that, 

(a)  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 ; 

(6)  are  of  normal  physical  conformation 
with  no  deformities  except  that  the 
keel  bone  may  be  slightly  crooked  so 
long  as  it  does  not  interfere  with  the 
normal  arrangement  and  placement 
of  meat ; 

(c)  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 ; 

(d)  have  a  disposition  and  quantity  of  fat 
such  that, 

(i)  in  the  case  of  undrawn  dressed 
turkey  weighing  eleven 
pounds  or  less  or  eviscerated 
turkey  weighing  ten  pounds 
or  less,  there  is  a  moderate 
covering  of  fat  over  the  breast, 
thighs  and  back, 

(ii)  in  the  case  of  undrawn  dressed 
turkey  weighing  more  than 
eleven  pounds  but  less  than 
eighteen  px)unds  or  eviscer- 
ated turkey  weighing  more 
than  ten  pounds  but  less  than 
sixteen  p)ounds,  the  breast 
and  thighs  are  reasonably 
well  covered  with  fat  and 
there  is  a  moderate  covering 
of  fat  over  the  back,  and 


(iii)  in  the  case  of  undrawn  dressed 
turkey  weighing  eighteen 
pwunds  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 
indicated  by  a  pronounced 
thickening  at  the  centre  of 
each  of  those  areas,  there  is 
sufficient  fat  beneath  the 
skin  in  other  areas  of  the 
breast  to  prevent  the  apf)ear- 
ance  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  appearance  of  the 
feather  follicles ; 

(e)  do  not  have  more  than  five  pin- 
feathers  on  the  breast  and  not  more 
than  ten  pin-feathers  elsewhere  on 
the  carcass ; 

(/)  may  have  discolouration  on  the  keel 
bone  if  light  amber  in  colour,  dis- 
colouration 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 ; 

(g)  may  have  discolouration  from  poor 
bleeding  on  the  area  of  the  neck  ex- 
tending 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  discoloured  spots 
on  the  carcass  elsewhere  than  on  the 
breast  if  the  total  area  of  the  other 
spots  does  exceed  one  square  inch ; 

(h)  do  not  have  on  the  breast  more  than 
one  skin  tear  and  the  tear  does  not 
exceed  one-quarter  of  an  inch  in 
length ; 

(i)  have  no  more  than  two  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  weigh- 
ing eight  p)ounds  or  less,  no  tear 
exceeds  one-half  of  an  inch  in  length 
and  in  the  case  of  undrawn  dressed 
turkey  weighing  nore  than  nine 
pwunds  or  eviscerated  turkey  weigh- 


602 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  335 


ing  more  than  eight  pounds,  no  tear 
exceeds  three-quarters  of  an  inch 
in  length ; 

(;')  do  not  have  more  than  a  slight 
flabbiness  on  the  fore  part  of  the 
breast ; 

(k)  do  not  have  any  freezer  burn  other 
than  freezer  burn  consisting  of  sur- 
face desiccation  and  the  total  area  of 
the  surface  desiccation  does  not 
exceed  two  and  one-quarter  square 
inches; 

(/)  do  not  have  a  dried  out  appearance ; 

(w)  do  not  have  any  cysts;  and 

(n)  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, 

(a)  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  evisceration ; 

(b)  of  normal  physical  conformation 
with  no  deformities  except  that  it 
may  have  a  slightly  crooked  keel ; 

(c)  have  sufficient  fullness  of  flesh  on 
both  sides  of  the  keel  bone  to 
prevent  a  sharp  falling  away  of  fiesh 
from  the  anterior  to  the  posterior 
end  and  with  the  keel  bone  not 
projecting  more  than  one-eighth  of 
an  inch  beyond  the  flesh ; 

(d)  have  sufficient  fat  to  prevent  a  dark 
red  appearance ; 

(e)  do  not  have  more  than  eight  pin- 
feathers  on  the  breast  and  not  more 
than  sixteen  pin-feathers  elsewhere 
on  the  carcass ; 

(/)  may  have  discolouration  on  the  keel 
bone  if  the  discolouration  is  light 
amber  in  colour,  and  discolouration 
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 ; 


(g)  may  have  discolouration  from  poor 
bleeding  on  the  neck,  feather  tract 
discolouration  of  an  amber  or  reddish 
tinge  on  the  back,  dark  pigment 
discolouration  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  elsewhere  than 
on  the  breast  if  the  total  area  of  the 
other  spots  does  not  exceed  one  and 
one-quarter  square  inched; 

(A)  have  no  more  than  two  skin  tears 
on  the  breast  and  no  tear  exceeds 
one-half  of  an  inch  in  length; 

(i)  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 ; 

{j)  may  have  freezer  burn  consisting  of 
deep  pitted  desiccation  if  the  total 
area  of  deep  pitted  desiccation  does 
not  exceed  four  square  inches ; 

(k)  do  not  have  more  than  one  cyst  and 
the  cyst  is  small,  loose  and  not 
discoloured ;  and 

(/)  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, 

(a)  may  have,  in  the  case  of  eviscerated 
turkey,  the  usual  cutting  for  evis- 
ceration ; 

(b)  subject  to  clause  (c),  have  flesh  that 
is  substantially  intact  except  that  a 
small  portion  of  the  flesh  may  be  cut 
away  if  no  appreciable  loss  in  meat 
yield  is  occasioned  thereby ; 

(c)  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 ; 


Reg.  335 


FARM  PRODUCTS  GRADES  AND  SALES 


603 


{d)  have  areas  of  skin  missing  if  the  areas 
do  not  exceed  in  aggregate  the  area 
of  one-half  of  the  breast ; 

(e)  subject  to  clauses  (a),  (b),  (c)  and  (d), 
are  whole; 

(/)  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 ; 


(g) 


have  sufficient  fat  to  prevent  a  dark 
red  annearanre' 


red  appearance 


(A)  do  not  have  more  than  eight  pin- 
feathers  on  the  breast  and  not  more 
than  sixteen  pin-feathers  elsewhere 
on  the  carcass ; 

(j)  may  have  discolouration  on  the  keel 
bone  if  the  discolouration  is  light 
amber  in  colour,  and  discolouration 
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; 

{j)  may  have  discolouration  from  poor 
bleeding  on  the  neck,  feather  tract 
discolouration  of  an  amber  or  red- 
dish tinge  on  the  back,  dark  pigment 
discolouration  if  confined  to  an  area 
not  exceeding  two  inches  forward 
from  thebaseof  the  tail,  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  and  one- 
quarter  square  inche  s ; 

{k)  do  not  have  more  than  one  cyst  and 
the  cyst  is  small,  loose  and  not 
discoloured ; 

(/)  may  have  freezer  burn  consisting  of 
deep  pitted  desiccation  if  the  total 
area  of  deep  pitted  desiccation  does 
not  exceed  four  square  inches ;  and 

(m)  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 
Grade  A  Turkey,  Canada  Grade  B  Turkey  or 
Canada  Grade  Utility  Turkey  but  that. 


(fl)  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  prop- 
er evisceration ; 

(b)  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  poste- 
rior end  and  with  the  keel  bone  not 
projecting  more  than  three-sixteen- 
ths of  an  inch  beyond  the  flesh  ; 

(c)  may  have  pin-feathers  or  discolour- 
ation caused  by  pin-feathers ; 

{d}  may  have  discolouration  on  the  koel 
bone  if  the  discolouration  is  light 
amber  in  colour,  and  discolouration 
on  the  keel  bone  of  a  scaly  nature, 
which  may  extend  the  entire  length 
of  the  keel  bone,  and  subject  to 
clause  (c),  other  discoloured  spots  on 
the  breast  if  the  total  area  of  the  other 
spots  does  not  exceed  two  and  one- 
quarter  square  inches; 

{e)  may  have  discolouration  from  poor 
bleeding  on  the  neck,  feather  tract 
discolouration  of  an  amber  or  red- 
dish tinge  on  the  back,  dark  pigment 
discolouration  if  confined  to  an  area 
not  exceeding  eight  inches  in  length 
forward  from  the  base  of  the  tail  and, 
subject  to  clause  (c),  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 

(/)  do  not  have  any  discoloured  cysts. 

6.  Canada  Grade  D  Turkey,  consisting  of  un- 
drawn dressed  turkeys  and  eviscerated  tur- 
keys 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, 

(a)  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  evisceration; 

(b)  have  some  flesh  on  both  sides  of  the 
keel  bone; 

(c)  may  have  pin-feathers,  discoloura- 
tion caused  by  pin-feathers,  dark 
pigmentation  or  freezer  burn ;  and 

(</)  subject  to  clause  (c),  do  not  have 
severe  discolouration  from  any 
cause.     O.  Reg.  204/72,  Sched.  4. 


604 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  335 


Schedule  5 

DUCKS 


The  standards  for  the  grades  established  in  Table  5 
to  subsection  12  (1)  are  as  follows: 

1.  Canada  Grade  Special  Duck,  consisting  of 
undrawn  dressed  ducks  and  eviscerated 
ducks  that, 

(a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case  of 
eviscerated  duck; 

(6)  are  of  normal  physical  conformation 
with  no  deformities; 

(c)  are  plump,  full  breasted  on  both 
sides  of  the  keel  bone  at  the  an- 
terior 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; 

{d)  have  the  breast,  thighs  and  back  well 
covered  with  fat ; 

(e)  do  not  have  more  than  four  pin- 
feathers  on  the  breast  and  not  more 
than  eight  pin-feathers  elsewhere  on 
the  carcass; 

(/)  have  no  prominent  discolouration; 

(g)  have  no  more  than  one  skin  tear  on 
the  breast  and  the  tear  does  not 
exceed  one-quarter  of  an  inch  in 
length ; 

(A)  have  no  more  than  two  skin  tears  on 
the  carcass  elsewhere  than  on  the 
breast  and  no  tear  exceeds  one-half 
of  an  inch  in  length ; 

(t)  do  not  have  any  freezer  burn  other 
than  freezer  burn  consisting  of  slight 
surface  desiccation ; 

{])  do  not  have  a  dried  out  appearance ; 

{k)  do  not  have  any  cysts ;  and 

(/)  do  not  have  any  broken  bones. 

2.  Canada  Grade  A  Duck,  consisting  of  un- 
drawn dressed  ducks  and  eviscerated  ducks 
that, 

(a)  are  whole  except  for  the  usual 
cutting  for  projser  evisceration  in 
the  case  of  eviscerated  duck ; 


(6)  are  of  normal  physical  conformation 
with  no  deformities  except  that  the 
keel  bone  may  be  slightly  crooked  so 
long  as  it  does  not  interfere  with  the 
normal  arrangement  and  placement 
of  meat ; 

(c)  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; 

{i)  have  the  breast,  thighs  and  back 
reasonably  well  covered  with  fat ; 

(e)  do  not  have  more  than  five  pin- 
feathers  on  the  breast  and  not  more 
than  ten  pin-feathers  elsewhere  on 
the  carcass; 

(/)  do  not  have  more  than  four  promi- 
nent discoloured  spots  on  the  breast 
and  the  total  area  of  the  spots  does 
not  exceed  one-quarter  square  inch; 

[g)  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  dis- 
colouration 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 ; 

(A)  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; 

(i)  have  no  more  than  two  skin  tears 
on  the  carcass  elsewhere  than  on  the 
breast  and  no  tear  exceeds  one-half 
of  an  inch  in  length ; 

{j)  do  not  have  any  freezer  burn  other 
than  freezer  burn  consisting  of  sur- 
face desiccation  and  the  total  area 
of  the  surface  desiccation  does  not 
exceed  two  and  one-quarter  square 
inches ; 

(k)  do  not  have  a  dried  out  appearance ; 

(/)  do  not  have  any  cysts;  and 

(w)  do  not  have  any  broken  bones. 

3.  Canada  Grade  B  Duck,  consisting  of  un- 
drawn dressed  ducks  and  eviscerated  ducks 


I 


Reg.  335 


FARM  PRODUCTS  GRADES  AND  SALES 


60S 


that  do  not  meet  the  requirements  for 
Canada  Grade  Special  Duck  or  Canada 
Grade  A  Duck  but  that, 

(a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case 
of  eviscerated  duck ; 

(b)  are  of  normal  physical  conformation 
with  no  deformities  except  that  the 
keel  bone  may  be  slightly  crooked; 

(c)  have  sufficient  fullness  of  f^esh  on 
both  sides  of  the  keel  bone  to  prevent 
a  sharp  falling  away  of  fiesh  from  the 
anterior  to  the  posterior  end  and  with 
the  keel  bone  not  projecting  more 
than  one-eighth  of  an  inch  beyond 
the  flesh ; 

(d)  have  sufficient  fat  to  prevent  a  dark 
red  appearance ; 

(e)  do  not  have  more  than  eight  pin- 
feathers  on  the  breast  and  not  more 
than  sixteen  pin-feathers  elsewhere 
on  the  carcass ; 

(/)  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 ; 

[g)  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  prominent  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 ; 

(A)  have  no  more  than  two  skin  tears 
on  the  breast  and  no  tear  exceeds 
one-half  of  an  inch  in  length; 

(»)  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 ; 

{j)  may  have  freezer  burn  consisting  of 
deep  pitted  desiccation  if  the  total 
area  of  deep  pitted  desiccation  does 
not  exceed  two  and  one-quarter 
square  inches ; 

{k)  do  not  have  more  than  one  cyst  and 
the  cyst  is  small,  loose  and  not 
discoloured ;  and 

(/)  do  not  have  any  broken  bones. 

4.  Canada  Grade  Utility  Duck,  consisting  of 
undrawn   dressed   ducks  and   eviscerated 


ducks  that  do  not  meet  the  requirements  for 
Canada  Grade  Special  Duck,  Canada  Grade 
A  Duck  or  Canada  Grade  B  Duck  but  that, 

(a)  may  have,  in  the  case  of  eviscerated 
duck,  the  usual  cutting  for  eviscera- 
tion; 

(b)  subject  to  clause  (c),  have  flesh  that  is 
substantially  intact  except  that  a  small 
portion  of  the  flesh  may  be  cut  away  if 
no  appreciable  loss  in  meat  yield  is 
occasioned  thereby; 

(c)  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 ; 

(d)  have  areas  of  skin  missing  if  the 
areas  do  not  exceed  in  aggregate 
the  area  of  one-half  of  the  breast ; 

(e)  subject  to  clauses  (a),  (b),  (c)  and  (d), 
are  whole; 

(/)  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 ; 

(g)  have  sufficient  fat  to  prevent  a  dark 
red  appearance ; 

(A)  do  not  have  more  than  eight  pin- 
feathers  on  the  breast  and  not  more 
than  sixteen  pin-feathers  elsewhere 
on  the  carcass ; 

(t)  do  not  have  more  than  six  promintat 
discoloured  spots  on  the  breast,  and 
the  total  area  of  the  spots  does  not 
exceed  one  square  inch ; 

(j)  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  prominent  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 ; 

(k)  do  not  have  more  than  one  cyst  and 
the  cyst  is  small,  loose  and  not 
discoloured ; 


606 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  335 


(/)  may  have  freezer  burn  consisting  of 
deep  pitted  desiccation  if  the  total 
area  of  deep  pitted  desiccation  does 
not  exceed  one  and  one-quarter 
square  inches ;  and 

(m)  may  have  dislocated  or  broken  wing 
or  leg  bones,  so  long  as  no  other  bone 
is  broken  or  dislocated. 

5.  Canada  Grade  C  Duck,  consisting  of 
undrawn  dressed  ducks  and  eviscerated 
ducks  that  do  not  meet  the  requirements 
for  Canada  Grade  Special  Duck,  Canada 
Grade  A  Duck,  Canada  Grade  B  Duck  or 
Canada  Grade  UtiHty  Duck  but  that, 

(a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case  of 
eviscerated  ducks ; 

(b)  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; 

(c)  may  have  pin-feathers  or  discoloura- 
tion caused  by  pin-feathers ; 

(d)  subject  to  clause  (c),  do  not  have  dis- 
colouration on  the  breast  in  excess  of 
an  area  of  two  and  one-quarter  square 
inches; 

(e)  may  have  discolouration  from  poor 
bleeding  on  the  neck,  feather  tract 
discolouration  of  an  amber  or  reddish 
tinge  on  the  back  and,  subject  to 
clause  (c),  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 

(/)  do  not  have  any  discoloured  cysts. 

6.  Canada  Grade  D  Duck,  consisting  of 
undrawn  dressed  ducks  and  eviscerated 
ducks  that  do  not  meet  the  requirements 
for  Canada  Grade  Special  Duck,  Canada 
Grade  A  Duck,  Canada  Grade  B  Duck, 
Canada  Grade  Utihty  Duck  or  Canada 
Grade  C  Duck  but  that, 

(a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case 
of  eviscerated  duck; 

(b)  have  some  flesh  on  both  sides  of  the 
keel  bone; 


(c)  may  have  pin-feathers  or  discolour- 
ation caused  by  pin-feathers;  and 

(d)  subject  to  clause  (c),  do  not  have 
severe  discolouration  from  any 
cause.     O.  Reg.  204/72,  Sched.  5. 


Schedule  6 


The  standards  for  the  grades  established  in  Table  6 
to  subsection  22  (1)  are  as  follows: 

1.  Canada  Grade  Special  Goose,  consisting 
of  undrawn  dressed  geese  and  eviscerated 
geese  that, 

(a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case 
of  eviscerated  geese; 

(b)  are  of  normal  physical  conformation 
with  no  deformities; 

(c)  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; 

(d)  have  the  breast,  thighs  and  back 
well  covered  with  fat; 

(e)  do  not  have  more  than  four  pin- 
feathers  on  the  breast  and  not  more 
than  eight  pin-feathers  elsewhere 
on  the  carcass; 

(/)  have  no  prominent  discolouration; 

(g)  have  no  more  than  one  skin  tear  on 
the  breast  and  the  tear  does  not 
exceed  one-quarter  of  an  inch  in 
length; 

(/?)  have  no  more  than  two  skin  tears  on 
the  carcass  elsewhere  than  on  the 
breast  and  no  tear  exceeds  three- 
quarters  of  an  inch  in  length; 

(i)  do  not  have  any  freezer  burn  other 
than  freezer  burn  consisting  of  slight 
surface  desiccation; 

(j)  do  not  have  a  dried  out  appearance; 

(k)  do  not  have  any  cysts;  and 

(/)  do  not  have  any  broken  bones. 


Reg.  335 


FARM  PRODUCTS  GRADES  AND  SALES 


607 


2  Canada  (iradf  A  Goose,  consisting  of  un- 
drawn dressed  geese  and  eviscerated  geese 
that, 

(a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case 
of  eviscerated  geese ; 

(h)  are  of  normal  physical  conformation 
with  no  deformities  except  that  the 
keel  bono  mav  be  slightly  crooked  so 
long  as  it  does  not  interfere  with  the 
normal  arrangement  and  placement 
of  meat ; 

(c)  arc  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 ; 

id)  have  the  breast,  thighs  and  back 
reasonably  well  covered  with  fat ; 

(e)  do  not  have  more  than  five  pin- 
feathers  on  the  breast  and  not  more 
than  ten  pin-feathers  elsewhere  on 
the  carcass; 

[f]  do  not  have  more  than  four  promin- 
ent discoloured  spots  on  the  breast 
and  the  total  area  of  the  spots  does 
not  exceed  one-quarter  square  inch  ; 

ig)  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  red- 
dish 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  spots 
does  not  exceed  one  square  inch  ; 

(A)  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; 

(i)  have  no  more  than  two  skin  tears  on 
the  carcass  elsewhere  than  on  the 
breast  and  no  tear  exceeds  one  inch 
in  length : 

ij)  do  not  have  any  freezer  burn  other 
than  freezer  burn  consisting  of  sur- 
face desiccation  and  the  total  area 
of  the  surface  desiccation  does  not 
exceed  two  and  one-quarter  square 
inches; 


(A)  do  not  have  a  dried  out  appearance ; 

(/)  do  not  have  any  cysts;  and 

(m)  do  not  have  any  broken  bones. 

3.  Canada  Grade  B  Goose,  consisting  of  un- 
drawn dressed  geese  and  eviscerated  geese 
that  do  not  meet  the  requirements  for 
Canada  Grade  Special  Goose  or  Canada 
Grade  A  Goose  but  that, 

{a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case 
of  eviscerated  geese ; 

{b)  are  of  normal  physical  conformation 
with  no  deformities  except  that  the 
keel  bone  may  be  slightlv  crooked ; 

(c)  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 ; 

{d)  have  sufficient  fat  to  prevent  a  dark 
red  appearance ; 

(e)  do  not  have  more  than  eight  pin- 
feathers  on  the  breast  and  not  more 
than  sixteen  pin-feathers  elsewhere 
on  the  carcass ; 

(/)  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 ; 

ig)  may  have  discolouration  from  poor 
bleeding  on  the  neck,  feather  tract 
discolouration  of  an  amber  or  red- 
dish 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  and  one- 
quarter  square  inches ; 

(A)  have  no  more  than  two  skin  tears  on 
the  breast  and  no  tear  exceeds  one- 
half  of  an  inch  in  length ; 

(i)  have  no  more  than  three  skin  tears 
on  the  carcass  elsewhere  than  on  the 
breast  and  no  tear  exceeds  one  inch 
in  length; 

(J)  may  have  freezer  burn  consisting  of 
deep  pitted  desiccation  if  the  total 
area  of  deep  pitted  desiccation  does 
not  extend  two  and  one-quarter 
square  inches; 


608 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  335 


(k)  do  not  have  more  than  one  cyst  and 
the  cyst  is  small,  loose  and  not  dis- 
coloured; and 

(/•)  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, 

(a)  may  have,  in  the  case  of  eviscerated 
geese,  the  usual  cutting  for  evis- 
ceration ; 

(b)  subject  to  clause  (c),  have  flesh  that 

is  substantially  intact  except  that  a 
small  portion  of  the  flesh  may  be  cut 
away  if  no  appreciable  loss  in  meat 
yield  is  occasioned  thereby ; 

(c)  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; 

(d)  have  areas  of  skin  missing  if  the  areas 
do  not  exceed  in  aggregate  the  area  of 
one-half  of  the  breast ; 

(e)  subject  to  clauses  (a),  (b),  (c)  and  (d), 
are  whole; 

(/)  have  sufficient  fullness  of  flesh  on 
both  sides  of  the  keel  bone  to  prevent 
a  sharp  falling  away  of  flesh  from  the 
anteVior  to  the  posterior  end  and  with 
the  keel  bone  not  projecting  more 
than  one-eighth  of  an  inch  beyond 
the  flesh ; 


(g) 


have  sufficient  fat  to  prevent  a  dark 
red  annearanrp- 


red  appearance ; 


(h)  do  not  have  more  than  eight  pin- 
feathers  on  the  breast  and  not  more 
than  sixteen  pin-feathers  elsewhere 
on  the  carcass ; 

(i)  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 ; 

{j)  may  have  discolouration  from  poor 
bleeding  on  the  neck,  feather  tract 
discolouration  of  an  amber  or  red- 
dish 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  and  one- 
quarter  square  inches ; 

(k)  do  not  have  more  than  one  cyst  and 
the  cyst  is  small,  loose  and  not 
discoloured ; 

(/)  may  have  freezer  burn  consisting  of 
deep  pitted  desiccation  if  the  total 
area  of  deep  pitted  desiccation  does 
not  exceed  two  and  one-quarter 
square  inches ;  and 

(w)  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  un- 
drawn dressed  geese  and  eviscerated  geese 
that  do  not  meet  the  requirements  for 
Canada  Grade  Special  Goose,  Canada  Grade 
A  Goose,  Canada  Grade  B  Goose  or  Canada 
Grade  Utility  Goose  but  that, 

(a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case  of 
eviscerated  geese ; 

{b)  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  poste- 
rior end  and  with  the  keel  bone  not 
projecting  more  than  three-six- 
teenths of  an  inch  beyond  the  flesh ; 

(c)  may  have  pin-feathers  or  discolour- 
ation caused  by  pin-feathers; 

id)  subject  to  clause  (c),  do  not  have  dis- 
colouration on  the  breast  in  excess  of 
an  area  of  two  and  one-quarter  square 
inches; 

(e)  may  have  discolouration  from  poor 
bleeding  on  the  neck,  feather  tract 
discolouration  of  an  amber  or  reddish 
tinge  on  the  back  and,  subject  to 
clause  (c),  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 

(/)  do  not  have  any  discoloured  cysts. 

6.  Canada  Grade  D  Goose,  consisting  of  un- 
drawn dressed  geese  and  eviscerated  geese 
that  do  not  meet  the  requirements  for 
Canada  Grade  Special  Goose,  Canada  Grade 
A  Goose,  Canada  Grade  B  Goose,  Canada 
Grade  Utility  Goose  or  Canada  Grade  C 
Goose  but  that. 


Reg.  335 


FARM  PRODUCTS  GRADES  AND  SALES 


609 


(a)  are  whole  except  for  the  usual  cutting 
for  proper  evisceration  in  the  case  of 
eviscerated  geese ; 

(b)  have  some  flesh  on  both  sides  of  the 
keel  bone ; 

(c)  may  have  pin-feathers  or  discolour- 
ation caused  by  pin-feathers;  and 

(d)  subject  to  clause  (c),  do  not  have 
severe  discolouration  from  any 
cause.     O.  Reg.  204/72,  Sched.  6. 


Form  1 

Farm  Products  Grades  and  Sales  Act 

NOTICE  OF  DETENTION 

Place 

Date 

To 

Address 

You  are  hereby  notified  that  the  following  poultry 
described   as 

marked 

said  to  have  originated  at 

and  to  be  owned  by 

and  now  situated  at 


is  seized  and  detained  under  detention  tags  numbered 


This  action  has  been  taken  because . 


You  are  hereby  forbidden  to  sell  or  otherwise 
dispose  of  the  material  so  detained  without  written 
permission  from  an  inspector. 


(signature  of  inspector) 

O.  Reg.  204/72.  Form  1. 

Form  2 

Farm  Products  Grades  and  Sales  Act 
NOTICE  OF  RELEASE 

Place 

Date 

To 

Address 

You  are  hereby  notified  that  poultry  seized  and 
detained  under  detention  tags  numbered 

and  respecting  which  a  Notice  of  Detention  dated 

has   been    issued,    is   hereby 

released  from  (Retention. 


(signature  of  inspector) 

O.  Reg.  204/72,  Form  2. 


Reg.  336 


FARM  PRODUCTS  GRADES  AND  SALES 


611 


REGULATION  336 


under  the  Farm  Products  Grades  and  Sales  Act 


GRADES  FOR  VEAL  CARCASSES 

1.  In  this  Regulation, 

(a)  "brand"  includes  mark  or  label; 

(b)  "carcass"  means  any  carcass  or  portion  of 
a  carcass  of  a  young  animal  of  the  bovine 
species  commonly  known  as  veal,  but  does 
not  include  a  carcass  as  defined  in  Regulation 
330  of  Revised  Regulations  of  Ontario,  1980; 

(c)  "Commissioner"  means  the  Live  Stock 
Commissioner  of  Ontario ; 

{d)  "conformation"  means  the  general  outline 
of  the  muscle  formation  of  a  carcass; 

(e)  "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  Regu- 
lations under  the  Canada  Agricultural 
Products  Standards  Act  or  the  Meat  Inspec- 
tion Act  (Ontario); 

(g)  "grader"  means  a  grader  assigned  to  an 
establishment  for  the  purpose  of  grading 
carcasses ; 

(A)  "inspector"  means  an  inspector  appointed 
under  the  Act ; 

(j)  "operator"  means  a  person  operating  an 
establishment.     O.  Reg.  805/75,  s.  1. 

2.  Carcasses  are  designated  as  farm  products. 
O.  Reg.  805/75,  s.  2. 

3.  The  following  grade  names  for  carcasses  and 
grades  and  standards  therefor,  established  under 
the  Canada  Agricultural  Products  Standards  Act,  are 
hereby  adopted  in  whole ; 

1.  Canada  A. 

2.  Canada  B. 

3.  Canada  C. 

4.  Canada  D. 

5.  Canada  E.     O.  Reg.  805/75,  s.  3. 


4. — (1)  No  carcass  shall  be  graded, 

(a)  by  a  p)erson  other  than  a  grader; 

(b)  at  a  place  other  than  an  establishment; 

(c)  unless  the  grader  is  provided  with  a  suffi- 
cient number  of  efficient  helpers  to  assist 
him  in  his  duties; 

(d)  if  the  grader  is  of  the  opinion  that  he  does 
not  have  freedom  from  interference  in 
carrying  out  his  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  presented  to  him  for  grading  during 
reasonable  hours  mutually  agreed  upon  between  the 
operator  and  the  district  supervisor.  O.  Reg.  805/75, 
s.  4. 

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  carcass. 

(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.    O.  Reg.  805/75,  s.  5. 

6.  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  Regu- 
lation, shall  be  applied  to  each  carcass  by  the 
operator  at  the  time  of  grading  under  the  general 
supervision  of  a  grader.    O.  Reg.  805/75,  s.  6. 

7.  No  person  other  than  an  operator  shall  apply 
a  brand  to  a  graded  carcass.    O.  Reg.  805/75,  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: 


612 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  336 


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 
apphed  in  brown  ink. 

4.  The  grade  names  "Canada  D"  and  "Can- 
ada E"  shall  be  applied  in  black  ink. 
O.  Reg.  805/75,  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  corre- 
sponding to  the  colour  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. 
O.  Reg.  805/75,  s.  9. 

10.  Where  a  grader  has  graded  a  carcass  he  may, 
at  the  request  of  any  consignor  or  his  agent,  issue  a 
grade  certificate  for  any  carcass  or  carcasses  graded 
by  him  at  an  establishment  if  the  consignor  or 
agent, 

(a)  has  placed  on  each  of  the  animals  to  be 
carcass  graded  distinct  and  specific  identi- 
fication approved  by  the  Commissioner 
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  estabhshment  at  the  time  of  delivery 
of  the  animal  or  lot  of  animals,  as  the  case 
may  be,  to  the  operator  of  the  establish- 
ment, a  manifest  in  a  form  prescribed  by 
the  Commissioner.     O.  Reg.  805/75,  s.  10. 

11. — (1)  Where  an  inspector  detains  a  carcass,  he 
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. 
O.  Reg.  805/75,  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  im- 
pression, 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.    O.  Reg.  805/75,  s.  12. 

Schedule  1 

GRADE  STAMP 
Dimensions:  One  inch  square. 


CANADA 
A 


O.  Reg.  805/75,  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.    O.  Reg.  805/75,  Sched.  2. 


Reg.  337 


FARM  PRODUCTS  GRADES  AND  SALES 


613 


REGULATION  337 


under  the  Farm  Products  Grades  and  Sales  Act 


HONEY 

1.  In  this  Regulation, 

(a)  "box"  means  any  crate,  carton,  other  outer 
covering  or  wrapper  in  which  containers  are 
packed ; 

(6)  "bulk  container"  means  a  container  that  has 
a  weight  capacity  of  more  than  eight  pounds ; 

(c)  "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  Pf  und 
Honey  Grader ; 

(d)  "comb  honey"  means  honey  that  is  in  the 
honeycomb; 

(e)  "consumer  container"  means  a  container  that 
has  a  weight  capacity  of  eight  pounds  or  less; 

(/)  "container"  means  a  receptacle  in  which 
honey  is  packed  for  sale; 

(g)  "establishment"  means  a  plant,  factor*'  or 
premises  where  honey  is  extracted,  packed, 
processed  or  used  in  connection  with  any 
manufacturing  process  and  includes  a  pack- 
ing plant  and  a  pasteurizing  plant ; 

(A)  "  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 
Fruit  and  Vegetable  Division  of  the  Depart- 
ment of  Agriculture  (Canada) ; 

ij)  "honey  substitute"  means  a  product  other 
than  pure  honey  manufactured  or  derived 
in  whole  or  in  part  from  a  farm  product 
and  prepared  for  the  same  uses  as  honey 
and  resembling  honey  in  appearance; 

ik)  "inspection"  means  inspection  by  an  in- 
sjjector  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 ; 

(m)  "lot"  means  a  uniform  blend  of  honey  in  a 
batch  or  in  a  storage  tank  from  which 
honey  is  drawn  for  processing  or  grading; 


(n)  "packer"  means  any  person  who  packs  and 
grades  honey  for  sale; 

(o)  "packing  plant"  means  premises  in  which 
honey  is  oacked  or  graded  by  a  packer; 

{p )  "pasteurizing"  means  the  treatment  of  ex- 
tracted honey  by  the  controlled  application 
of  heat  to  a  point  where  it  is  free  of  viable 
sugar-tolerant  yeasts  and  "pasteurized" 
has  a  corresponding  meaning ; 

(q)  "pasteurizing  plant"  means  premises  in 
which  honey  is  pEisteurized; 

(r)  "producer"  means  a  beekeeper  who  packs, 
ships,  transports  or  sells  only  honey  pro- 
duced in  his  own  apiaries.  R.R.O.  1970, 
Reg.  297,  s.  1 ;  O.  Reg.  507/74,  s.  1 ;  O.  Reg. 
363/78,  s.  1. 

2. — (1)   Honey  is  designated  as  a  farm  product. 
R.R.O.  1970,  Reg.  297,  s.  2. 

(2)  Honey   substitute   is   designated   as   a   farm 
product.     O.  Reg.  507/74,  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  ad- 
dress of  the  producer  and  the  word  "honey" ; 


(b)  honey  that  is  being  transported  in  bulk 
containers  to  an  establishment.  R.R.O. 
1970,  Reg.  297,  s.  3;  O.  Reg.  363/78.  s.  2. 

4. — (1)  Where  honey  is  packed  or  graded,  it  shall 
be  packed  or  graded  in  clean,  sanitary  rooms  that  are 
adequately  lighted,  ventilated  and  screened. 

(2)  Every  packing  plant  and  pasteurizing  plant 
shall  be  equipped  with  adequate  washing  facilities  for 
the  use  of  persons  working  therein. 

(3)  All  equipment  and  appUances  in  a  packing 
plant  or  pasteurizing  plant  shall  be  maintained  in  a 
clean  and  sanitary  condition. 

(4)  Every  f)erson  working  in  a  packing  plant  or 
pasteurizing  plant  shall  wear  clean,  sanitary  clothing, 
including  a  hair  covering. 

(5)  No  person  who  has  any  infectious  or  contagious 
disease  shall  work  in  an  estabhshment. 

(6)  No  person  shall  smoke  or  otherwise  consume 
tobacco  in  any  area  of  an  establishment  in  which 


614 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  337 


honey  is  prepared,  processed  or  handled.  R.R.O. 
1970,  Reg.  297,  s.  4. 

5.  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 ; 

(6)  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  iden- 
tifying it  as  having  been  produced  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  obliterated; 

(e)  unless  it  is  clean,  wholesome  and  fit  for 
human  consumption; 

(/)  unless  it  is  free  from  any  defect  or  deteriora- 
tion that  seriously  affects  its  edibility, 
appearance  or  shipping  quality ;  or 

(g)  in  the  case  of  comb  honey,  unless  it  is 
free  from  infestation  by  wax  moth. 
R.R.O.  1970,  Reg.  297,  s.  5;  O.  Reg.  363/78, 
s.  3. 

6.  No  person  shall  misrepresent  the  class,  grade, 
flavour,  weight,  own.ership  or  origin  of  honey. 
R.R.O.  1970,  Reg.  297,  s.  6. 

7, — (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 
in  which  a  honey  substitute  is  contained. 

(2)  No  person  shall  use  on  any  container  in  which 
a  honey  substitute  is  contained  the  word  "honey" 
or  any  other  word  that  resembles  "honey". 

(3)  Notwithstanding  subsection  (2), 

(a)  where  a  honey  substitute  contains  honey; 
and 

(b)  the  container  in  which  the  honey  substitute 
is  contained  bears  a  label  with  a  complete 
list  of  the  ingredients  of  the  honey  substitute 
with  the  ingredients  listed  in  decreasing 
order  as  to  the  proportion  of  the  honey 
substitute  that  they  comprise, 

the  list  of  ingredients  only  may  contain  the  word 
"honey"  provided  that  the  letters  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  sub- 
stitute has  a  relation  to  honey.  O.  Reg. 
507/74,5.3. 

8.  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.     R.R.O.  1970,  Reg.  297, 

s.  7. 

9.  Where  honey,  other  than  comb  honey,  is 
packed  in  containers,  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  designa- 
tions 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.  363/78,  s.  4. 

10.  Where  an  inspector  detains  any  container,  box 
or  any  number  of  containers  or  boxes  of  honey,  he 
may  attach  thereto  a  numbered  detention  tag  and 
no  person  shall  sell,  offer  for  salt,  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.  R.R.O.  1970, 
Reg.  297,  s.  9. 

11.  Where  an  inspector  is  satisfied  that  any  honey 
or  container  or  box  of  honey  that  has  been  placed 
under  detention  complies  with  this  Regulation,  he 
may  release  the  honey,  container  or  box  by  issuing  a 
detention  release.     R.R.O.  1970,  Reg.  297,  s.  10. 

12. — (1)  Every  person  who  requires  an  inspection 
of  honey  shall  apply  to  the  nearest  inspector  or  to  the 
Director  of  the  Farm  Products  Quality  Branch  of  the 
Ministry  of  Agriculture  and  Food.  O.  Reg.  363/78, 
s.  5. 

(2)  Inspection  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.     R.R.O.  1970,  Reg."  297,  s.  11  (2,3). 


Reg.  337 


FARM  PRODUCTS  GRADES  AND  SALES 


615 


13.  The  person  who  has  possession  of  any  honey 
or  containers  or  boxes  of  hone.v  to  be  inspected  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  assistance  to  the  inspector  as  the  inspector 
requires.     R.R.O.  1970,  Reg.  297,  s.  12. 

14.  Where  an  inspector  has  reason  to  believe  that 
theclassorgradeofanyhoney  may  not  be  immediately 
determined  he  may  postpone  inspection  for  such 
jwriod  of  time  as  he  considers  necessary  to  enable  the 
class  or  grade  to  be  determined.  R.R.O.  1970, 
Reg.  297,  s.  13. 

15. — (1)  Where  a  person  who  is  financially  inter- 
ested in  any  honey  is  dissatisfied  with  an  inspection 
certificate,  he  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  applicant. 

(3)  An  application  lor  an  apjx'al  inspection  may  be 
refused  by  the  inspector  where  he  is  of  the  opinion 
that, 

{(i)  it  is  trivial ; 

(/>)  the  cla.ss  or  grade  of  the  honey  has  changed ; 

(()  the  hcmey  is -not  acce>sible  for  inspection; 

((/)  the  identity  of  the  honev  has  been  lost :  or 

((')   the  condition  of  the  honev  has  materially 
changed.     R.R.O.  1970,  Reg.  297.  s.  14. 

16.  Upon  delivery  of  an  inspection  certificate  the 
applicant  for  the  inspection  shall  pay  a  fee.  R.R.O. 
1970.  Reg.  297,  s.  15. 

17. — (1)  The  fee  for  an  inspection  shall  be  S2.50 
plu>  an  additional  1/40  of  a  cent  for  every  pound  net 
weight  of  honey  in  excess  of  10,0(K)  {lounds  up  to  a 
maximum  of  S5. 

(2)  Where  an  appi>al  insfx-ction  proves  the  original 
ins|)cction  to  have  resulted  in  an  incorrect  inspection 
certificate,  no  fee  shall  be  payable  in  respect  of  the 
appeal  insjx'ction  and  thii>suanceof  an  appeal  inspec- 
tion certificate  shall  be  deemed  to  cancel  the  original 
inspection  certificate.     R.R.O.  1970,  Reg.  297,  s.  16. 

18.  Where  honey  has  been  inspected  under  section 
12  and  following  such  inspection  has  been  detained, 
the  honey  shall  not  be  released  from  detention  until  the 
person  in  possession  of  it  pays  a  fee.  R.R.O.  1970, 
Reg.  297,  s.  17. 


19.  The  fee  referred  to  in  section  18  shall  be  in 
the  same  amount  as  for  an  inspection  of  the 
honey.     R.R.O.  1970,  Reg.  297,  s.  18. 

20. — (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  sizes : 

1 .  Any  size  up  to  and  including  five  ounces  net 
weight. 

2.  Eight  ounces  net  weight. 

3.  Twelve  ounces  net  weight. 

4.  One  pound  net  weight. 

5.  Two  pounds  net  weight. 

6.  Four  pounds  net  weight. 

7.  Eight  pounds  net  weight. 

R.R.O.  1970.  Reg.  297.  s.  19  (1);  O.  Reg.  363/78. 
s.6(l). 

(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  sizes: 

1.  Thirty  pounds  net  weight. 

2.  Forty  pounds  net  weight. 

3.  Sixty  pounds  net  weight. 

4.  Sixty-five  pounds  net  weight. 

5.  Seventy  pounds  net  weight. 

6.  Half-barrel. 

7.  Barrel. 

8.  Drums  or  bulk  tank  shipments  of  any  size 
larger  than  a  barrel. 

R.R.O.  1970.  Reg.  297.  s.  19  (2);  O.  Reg.  363/78, 
s.  6  (2). 

(3)  Notwithstanding  subsection  (1),  the  Minister 
may  authorize  the  packing  of  honey  in  novelty  con- 
tainers 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.  R.R.O.  1970,  Reg.  297. 
s.  19  (3-5). 


616 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  337 


21.  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  con- 
tainer, 


(i)  the  word  "honey"  or,  where  appli- 
cable, 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  avoir- 
dupois 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  "pasteur- 
ized" 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,  in  letters  not 
less  than  one-sixteenth  of  an  inch  in  height, 
the  name  and  address  of  the  packer  or  the 
f)erson  responsible  for  packing  the  honey. 
R.R.O.  1970,  Reg.  297,  s.  20;  O.  Reg. 
363/78,  s.  7. 

22.  Subject  to  clause  2 1  (b)  and  subsection  24  (2),  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  pur- 
chaser and  of  a  size  not  less  than, 


(a)  one-sixteenth  of  an  inch  in  height  on  con- 
tainers, the  main  pane'  of  the  label  of  which 
has  an  area  of  twenty  square  inches  or  less ; 

(b)  one-eighth  of  an  inchin  height  on  containers, 
the  main  panel  of  the  label  of  which  has  an 
area  of  more  than  twenty  but  not  more  than 
forty  square  inches ; 

(c)  one-quarter  of  an  inch  in  height  on  con- 
tainers, the  main  panel  of  the  label  of  which 
has  an  area  of  more  than  forty  but  not  more 
than  one  hundred  square  inches;  and 


(d)  three-eighths  of  an  inch  in  height  on  con- 
tainers, the  main  panel  of  the  label  of  which 
has  an  area  of  more  than  one  hundred  square 
inches.     R.R.O.  1970,  Reg.  297,  s.  21. 

23. — ( 1)  Subclauses  2 1(a)  (i),  (iii),  (iv)  and  ( v)  do  not 
apply  in  respect  of  a  container  of  honey,  the  weight  of 
which,  including  the  container,  is  less  than  two 
ounces. 

(2)  Subclause  21  (a)  (iii)  does  not  apply  in  respect  of 
a  glass  container  on  which  the  net  weight  appears  in 
two  or  more  locations  on  the  shoulder  or  upper  part  of 
the  container  in  blown  numerals  with  a  flat,  stippled 
face  having  a  height  of, 

(a)  three-eighths  of  an  inch,  where  the  net 
weight  is  more  than  ten  ounces;  or 

{b)  one-quarter  of  an  inch,  where  the  net  weight 
is  ten  ounces  or  less.  R.R.O.  1970,  Reg. 
297,  s.  22. 

24. — (1)  Every  box  in  which  there  is  honey  that  has 
been  classified  and  graded  shall  be  marked  with, 

(a)  the  word  "honey"  ; 

(b)  the  class  and  grade  of  the  honey ; 

(f)  the  name  and  address  of  the  packer  or  the 
person  responsible  for  packing  the  honey ; 

{d)  the  number  and  size  of  the  containers  therein ; 

{e)  the  net  weight  of  the  honey ; 

(/)  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  desig- 
nation. 

(2)  The  markings  referred  to  in  subsection  (1)  shall 
lie  in  distinctly  legible  block  letters  not  less  than 
three-eighths  of  an  inch  in  height  and,  except  in 
respect  of  half-barrels,  barrels  or  larger  containers, 
shall  be  on  at  least  one  side  or  one  end  of  the  box. 
R.R.O.  1970,  Reg.  297,  s.  23. 


25. — (1)  Except  in   the  case  of  comb  honey, 
grades  for  honey  are  as  follows: 


the 


1.  CanadaNo.  1  Grade, consistingof  honey  that 

is, 

(a)  in  liquid  form  and, 

(i)  has  not  more  than  19  per  cent 
moisture  content  where  it  is 
declared  pasteurized  or  17.8 
per  cent  moisture  content 
where  not  so  declared. 


Reg.  337 


FARM  PRODUCTS  GRADES  AND  SALES 


617 


(ii)  is  clean  in  appearance  and  free 
from  any  foreign  material 
that  would  be  retained  on  a 
U.S.  standard  80-mesh 
screen, 

(iii)  is  clear,  bright  and  uniform  in 
colour,  free  from  visible 
crystals  and  surface  froth  or 
foam  that  exceeds  one-six- 
teenth of  an  inch  in  depth  at 
the  edges  of  the  container, 

(iv)  has  a  flavour  characteristic  of 
honey  of  the  same  class  and  is 
free  from  any  objectionable 
flavour,  aroma  or  taint,  and 

(v)  is  properly  packed;  or 

(b)  in  granulated  form  and, 

(i)  has  not  more  than  19  per  cent 
moisture  content  where  it  is 
declared  pasteurized  or  17.8 
per  cent  moisture  content 
where  not  so  declared, 

(ii)  is  clean  in  appearance,  free 
from  stain  and  is  free  from  any 
foreign  material  that  would 
be  retained  on  a  U.S.  standard 
80-mesh  screen, 

(iii)  has  a  smooth,  fine  texture  and 
complete  and  uniform  gran- 
ulation, 

(iv)  is  uniform  in  colour  and  free 
from  surface  froth  or  foam  that 
exceeds  one-sixteenth  of  an 
inch  in  depth, 

(v)  has  a  flavour  characteristic 
of  honey  of  the  same  class  and 
is  free  from  any  objectionable 
flavour,  aroma  or  taint,  and 

(vi)  is  properly  packed. 

2.  Canada  No.  2  Grade,  consisting  of  honey 
that  is, 

(a)  in  Uquid  form  and, 

(i)  has  not  more  than  20  per  cent 
moisture  content  where  it  is 
declared  pasteurized  or  18.6 
per  cent  moisture  content 
where  not  so  declared, 

(ii)  is  reasonably  clean  in  appear- 
ance and  free  from  any  foreign 
material  that  would  be  re- 
tained on  a  U.S.  standard 
60-mesh  screen. 


(iii)  is  free  from  surface  froth  or 
foam  that  exceeds  three-six- 
teenths of  an  inch  in  depth  at 
the  edges, 

(iv)  has  a  colour  that  may  be  dull 
and  cloudy  or  turbid  or 
slightly  uneven, 

(v)  shows  not  m6re  than  slight 
signs  of  crystallization  in  the 
form  of  a  light  suspension  or 
minor  sedimentation  of 
crystals, 

(vi)  has  a  flavour  that,  while  it 
may  be  slightly  uncharacter- 
istic of  honey  of  the  same 
class,  is  not  materially  im- 
paired in  any  respect,  and 

(vii)  is  properly  packed ;  or 

(6)  in  granulated  form  and, 

(i)  has  not  more  than  20  p>er 
cent  moisture  content  where 
it  is  declared  "pasteurized" 
or  18.6  per  cent  moisture  con- 
tent where  not  so  declared, 

(ii)  is  generally  attractive  in  ap- 
pearance and  is  free  from  any 
foreign  material  that  would 
be  retained  on  a  U.S.  stan- 
dard 60-mesh  screen, 

(iii)  has  a  texture  that  may  be 
medium,  coarse  or  very  gritty 
and  has  a  complete  and  fairly 
uniform  granulation, 

(iv)  is  not  more  than  slightly 
uneven  in  colour, 

(v)  is  free  from  surface  froth  or 
foam  that  exceeds  one-eighth 
of  an  inch  in  depth  at  the 
edges, 

(vi)  has  a  flavour  that,  while  it 
may  be  slightly  uncharacter- 
istic of  honey  of  the  same 
class,  is  not  materially  im- 
paired in  any  respect,  and 

(vii)  is  properly  packed. 


3.  Canada  No.  3  Grade,  consisting  of  honey 
that  is  packed  in  bulk  containers  and  that  is, 

(a)  in  liquid  form  and, 

(i)  has   not    more   than   20   per 
cent  moisture  content. 


618 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  337 


(ii)  is  reasonably  clean  in  appear- 
ance and  is  free  from  any 
foreign  material  that  would 
be  retained  on  a  U.S.  stan- 
dard 30-mesh  screen, 

(iii)  is  free  from  surface  froth  or 
foam  that  exceeds  one- 
quarter  of  an  inch  in  depth  at 
the  edges, 

(iv)  has  a  colour  that  may  be 
very  dull  and  cloudy  or  tur- 
bid and  uneven, 

(v)  although,  mainly  liquid,  may 
show  advanced  crystalliza- 
tion in  the  form  of  heavy 
suspension  or  obvious  sedi- 
mentation or  crystals, 

(vi)  hasaflavourthat  while  it  may 
be  uncharacteristic  of  honey 
of  the  same  class,  is  not 
materially  impaired  in  any 
respect,  and 

(vii)  is  properly  packed ;  or 
(6)  in  granulated  form  and, 

(i)  has  not  more  than  20  per  cent 
moisture  content, 

(ii)  is  free  from  foreign  material 
that  would  be  retained  on  a 
U.S.  standard  30-mesh 
screen, 

(iii)  may  be  unattractive  in 
appearance, 

(iv)  contains  no  particles,  the 
greatest  dimension  of  which 
exceeds  one-quarter  of  an 
inch. 


(v)  has  a  texture  that  may  be 
very  coarse  or  very  gritty, 

(vi)  has  a  granulation  that  may  be 
incompleteand  uneven,  freely 
fluid  and  showing  separation 
at  the  surface, 

(vii)  has  a  colour  that  may  be  un- 
even, 

(viii)  is  free  from  surface  froth  or 
foam  that  exceeds  one- 
quarter  of  an  inch  in  depth, 

(ix)  has  a  flavour  that,  while  it 
may  be  uncharacteristic  of 
honey  of  the  same  class,  is  not 
materially  impaired  in  any 
respect,  and 

(x)  is  properly  packed. 
R.R.O.  1970,  Reg.  297,  s.  24  (1) ;  O.  Reg.  363/78,  s.  8. 

(2)  Notwithstanding  subsection  (1),  honey  that  is 
not  pasteurized  or  otherwise  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  tex- 
ture is  not  uniform ; 

(b)  the  moisture  content  does  not  exceed  17  per 
cent ; and 


(c)  the  honey  conforms  in  all  other  respects  with 
the  requirements  for  Canada  No.  1  Grade  or 
Canada  No.  2  Grade,  as  the  case  may  be. 

(3)  Where  honey  is  packed  for  consumption  within 
Ontario  the  word  "Canada"  may  be  omitted  from  any 
grade  designation.     R.R.O.   1970,  Reg.  297,  s.  24 

(2,3). 


Reg.  337 


FARM  PRODUCTS  GRADES  AND  SALES 


619 


Schedule 

CLASSIFICATION  OF  HONEY 

Part  1 

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  millimeters 

more  than  30  millimeters  but  not  more 
than  50  millimeters 

more  than  50  millimeters  but  not  more 
than  85  millimeters 

more  than  85  millimeters 

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 

4.  Light  Amber 

5.  Dark  Amber 

6.  Dark 

not  darker  than  Extra  White 

darker  than  Extra  White  but 
not  darker  than  White 

darker  than  White  but  not 
darker  than  Golden 

darker  than  Golden  but  not 
darker  than  Amber 

darker  than  Amber  but  not 
darker  than  Dark 

darker  than  Dark 

not  more  than  13  milimeters 

more  than  13  millimeters  but  not  more 
than  30  millimeters 

more  than  30  millimeters  but  not  more 
than  50  millimeters 

more  than  50  millimeters  but  not  more 
than  85  millimeters 

more  than  85  millimeters  but  not  more 
than  114  millimeters 

more  than  114  millimeters 

R.R.O.  1970,  Reg.  297,  Sched. 


Reg.  338 


FARM  PRODUCTS  GRADES  AND  SALES 


621 


REGULATION  338 

under  the  Farm  Products  Grades  and  Sales  Act 


LICENCES 

1. — (1)  An  application  for  a  licence  or  a  renewal 
of  a  licence  as  a  dealer  shall  be  made  to  the  Director 
in  Form  1. 

(2)  A  licence  as  a  dealer  shall  be  in  Form  2. 

(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  following 
year. 

(4)  The  annual  fee  for  a  licence  as  a  dealer  is  $25. 
O.  Reg.  372/75,  s.  1. 


2.   Ever>'  dealer  shall  maintain 
transaction  showing, 


a  record  of  everv 


(a)  the  quantity  and  variety  or  type  of  each 
kind  of  fruit  or  vegetable  purchased, 
accepted  for  sale  or  sold  by  him ; 


(b)  the  name  of  the  person  from  whom  fruit 
or  vegetables  are  purchased  or  accepted 
for  sale  or  to  whom  they  are  sold ; 

(c)  the  price  at  which  fruit  or  vegetables 
are  bought  or  sold,  as  the  case  may  be; 
and 

(d)  where  the  dealer  has  not  purchased  the 
fruit  or  vegetables  on  his  own  account, 
the  commission  charged  by  him  to  a 
producer.     O.  Reg.  372/75,  s.  4. 

3. — (I)  A  person  who  commences  or  continues  to 
carry  on  business  as  a  dealer  respecting  farm  products 
other  than  fruits  and  vegetables  that  are  not  sold  for 
commercial  processing  is  exempt  from  subsection  10 
(1)  of  the  Act  and  this  Regulation  respecting  such  other 
farm  products.     O.  Reg.  424/80,  s.  2. 

(2)  A  person  who  purchases  fruit  or  vegetables 
from  a  producer  for  sale  at  retail  in  his  own 
retail  outlet  and  who  is  not,  directly  or  indirectly, 
engaged  in  the  operation  of  more  than  one  retail 
outlet,  is  exempt  from  subsection  10  (1)  of  the  Act  and 
this  Regulation  respecting  such  fruit  or  vegetables. 
O.  Reg.  372/75,  s.  5  (2). 


Form  1 

Farm  Products  Grades  and  Sales  Act 

APPLICATION  FOR  A  LICENCE  AS  A  DEALER 

FRESH  FRUIT  AND  VEGETABLES 

The  undersigned  makes  application  to  the  Director,  Farm  Products  Quality  Branch,  for  a  licence  as  a 
Dealer,  Fresh  Fruits  and  Vegetables,  under  the  Farm  Products  Grades  and  Sales  Act  and  the  regulations  made 
thereunder  for  the  annual  period  ending  March  31st,  19 


1 .  Name  

(name  of  applicant  or  business  name  under  which  applicant  operates — please  type  or  print  plainly) 

2 .  Address  of  main  office 

(street  and  number)  (city,  town  or  village)  (postal  code) 

3.  Office  telephone  number 

(area  code)  (telephone  no.  office) 

4.  List  the  name  and  address  of  each  member  of  a  partnership  or  unincorporated  company  (if  necessary  use 
reverse  side) 


622 FARM  PRODUCTS  GRADES  AND  SALES Reg.  338 

The  applicant  undertakes  to  furnish  to  the  Director,  Farm  Products  Quality  Branch,  details  of  any  changes 
from  the  facts  given  in  this  application  within  fifteen  days  of  the  date  the  changes  are  made. 

Dated  at ,  this day  of ,  19 

(signature  of  applicant) 


By 


(title  of  official  signing  if  partnership  or  corporation) 


□  cheque 

ATTACH  YOUR  FOR  $25.00  TO  THIS  APPLICATION 

□  money  order 

PLEASE  ENSURE  THAT  REMITTANCE  IS  BY  CHEQUE  OR  MONEY  ORDER  AND  MADE  PAYABLE 
TO  "THE  TREASURER  OF  ONTARIO". 

When  completed,  this  form,  together  with  remittance,  should  be  mailed  to: 

THE  DIRECTOR,  ACCOUNTS  BRANCH, 

MINISTRY  OF  AGRICULTURE  AND  FOOD, 

LEGISLATIVE  BUILDINGS, 

QUEEN'S  PARK, 

TORONTO,  ONTARIO  M7A  2 A3. 

O.  Reg.  424/80,  s.  3,  part. 


Form  2 

Farm  Products  Grades  and  Sales  Act 

Under  the  Farm  Products  Grades  and  Sales  Act,  and  the  regulations  made  thereunder  and  subject  to  the 
limitations  thereof,  this  LICENCE  is  issued  to. 


as  a 
DEALER,  FRESH  FRUIT  AND  VEGETABLES 

This  licence  expires  on 

Dated  at  Toronto,  this day  of ,  19 . . . . 


Director 

O.  Reg.  424/80,  s.  3,  part. 


Reg.  339 


FARM  PRODUCTS  GRADES  AND  SALES 


623 


REGULATION  339 

under  the  Farm  Products  Grades  and  Sales  Act 


MAPLE  PRODUCTS 

1.  In  this  Regulation, 

(a)  "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 ; 

(b)  "inspection"  means  inspection  by  an  in- 
spector appointed  under  the  Act  and 
"inspected"  has  a  corresponding  meaning; 

(c)  "maple  product"  means  any  product  pre- 
pared directly  or  indirectly  from  maple 
sap; 

(d)  "maple  product  substitute"  means  a  prod- 
uct other  than  a  pure  maple  product  manu- 
factured or  derived  in  whole  or  in  part 
from  a  farm  product  and  prepared  for  the 
same  uses  as  a  maple  product  and  resem- 
bling a  maple  product  in  appearance. 
O.  Reg.  233/78,  s.  1. 

2.  Maple  products  and  maple  product  substitutes 
are  designated  as  farm  products.     O.  Reg.  233/78, 


6.  2. 


! 


3.  This  Regulation  does  not  apply  to, 

(a)  maple  products  that  are  sold  or  offered 
for  sale  on  the  premises  of  the  producer 
thereof  directly  to  a  consumer;  or 

(b)  maple  products  that  are  in  bulk  containers 
and  that  are  in  the  process  of  being  trans- 
ported for  further  packaging.  O.  Reg. 
233/78,  s.  3. 

4.  No  jaerson  shall  pack,  transport,  ship,  advertise, 
sell,  offer  for  sale  or  have  in  possession  for  sale  any 
maple  product  unless, 

(a)  where  the  maple  product  is  sold  or  offered 
for  sale  on  a  grade  basis,  the  maple  product 
has  been  graded  in  accordance  with  the 
Act  and  this  Regulation; 

(b)  the  maple  product  has  been  packed  and 
marked  in  accordance  with  the  Act  and 
this  Regulation ;  and 

(c)  where  the  maple  product  has  been  trans- 
ported into  Ontario  and  has  been  repacked 
in  Ontario,  the  container  containing  the 
maple  product  is  marked  to  indicate  the 


country  of  origin  and  all  other  provisions 
of  this  Regulation  have  been  complied 
with.     O.  Reg.  233/78,  s.  4. 

5.  No  person  shall  pack,  transport,  ship,  advertise, 
sell,  offer  for  sale  or  have  in  possession  for  sale  any 
maple  product  unless  the  container  containing  the 
maple  product  has  marked  thereon, 

(a)  the  name  of  the  maple  product ; 

(b)  the  amount  of  maple  product  in  the  con- 
tainer measured, 

(i)  in   volume   units  for  maple  syrup, 
and 

(ii)  in    weight    units    for    other    maple 
products ; 

(c)  where  maple  syrup  is  sold  on  a  grade 
basis,  the  grade  and  colour  class  of  the 
maple  syrup;  and 

(d)  the  name  and  address  of  the  person  who 
packed  the  maple  product.    O.  Reg.  233/78, 

s.  5. 

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  pre- 
viously marked  unless  all  markings  thereon  that 
do  not  comply  with  this  Regulation  are  completely 
removed  or  obliterated.     O.  Reg.  233/78,  s.  6. 

7.  No  person  shall  misrepresent  the  grade,  count, 
weight,  measure,  mark  or  marking,  ownership  or 
place  of  origin  of  any  maple  product.  O.  Reg. 
233/78,  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  contained  bears  a  label  with 
a  complete  list  of  the  ingredients  of  the 
maple  product  substitute  with  the  ingre- 
dients listed  in  decreasing  order  as  to  the 
proportion  of  the  maple  product  sub- 
stitute that  they  comprise. 


624 


FARM  PRODUCTS  GRADES  AND  SALES 


Reg.  339 


the  list  of  ingredients  only  may  contain  the  word 
"maple"  provided  that  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  substitute 
is  contained  the  word  "maple"  except  in  the 
expressions  "artificially  maple  flavoured"  or  "arti- 
ficial maple  flavouring".    O.  Reg.  233/78,  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,  he  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  maplt- 
product  substitute  containers  or  remove  the  deten- 
tion tag  without  the  written  authority  of  an  inspec- 
tor.    O.  Reg.  233/78,  s.  9. 

10.  Where  an  inspector  is  satisfied  that  any 
maple  product  or  maple  product  container  or  maple 
product  substitute  or  maple  product  substitute 
container  that  has  been  placed  under  detention, 
complies  with  the  Act  and  this  Regulation,  he  may 
release  the  maple  product  or  maple  product  con- 
tainer or  maple  product  substitute  or  maple 
product  substitute  container  by  issuing  a  deten- 
tion release.    O.  Reg.  233/78,  s.  10. 

11. — (1)  Every  person  who  requires  an  inspection 
of  a  maple  product  shall  apply  to  the  nearest 
inspector  or  to  the  Director  of  the  Farm  Products 
Quality  Branch  of  the  Ministry  of  Agriculture  and 
Food. 

(2)  Inspection  shall  be  made  as  nearly  as  is 
practicable  in  the  order  in  which  applications  are 
received.     O.  Reg.  233/78,  s.  11. 

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  objec- 
tionable flavours  and  fit  for  human  con- 
sumption; and 

(<•)  is  not  free  from  any  defect  or  deteriora- 
tion affecting  its  edibility,  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.     O.  Reg.  233/78,  s.  12. 

13.  The  grades  for  maple  syrup  sold  or  offered 
for  sale  on  a  grade  basis  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  turbidity; 

(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  characteristic  maple  flavour 
and  is  free  from  any  objectionable  odour 
or  taste  other  than  a  trace  of  caramel, 
buddy  or  sappy  taste.  O.  Reg.  233/78, 
s.  13. 

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.    O.  Reg.  233/78,  s.  14. 


Reg.  339 


FARM  PRODUCTS  GRADES  AND  SALES 


625 


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  nm,  the  colour  values 
being  expressed  in  per  cent  of  light  trans- 


mission   as    compared    to    A.R.    Glycerol 
fixed  at  100  per  cent  transmission ;  or 

(b)  a  visual  glass  comparator,  the  optical  spe- 
cifications of  which  correspond  as  closely 
as  possible  to  the  specifications  deter- 
mined by  the  method  described  in  clause  (a). 
O.  Reg.  233/78,  s.  IS. 


Reg.  340 


FARM  PRODUCTS  MARKETING 


627 


REGULATION  340 

under  the  Farm  Products  Marketing  Act 


APPLES— PLAN 

L  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  apples.     R.R.O.  1970,  Reg.  301,  s.  1. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1)  in  paragraphs  1, 
2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  IS,  16,  17,  18,  19 
and  26  of  subsection  IS  (2)  and  in  sections  50  and  110 
of  the  Co-operative  Corporations  Act.  O.  Reg.  66/79, 
s.  1. 

3.  The  members  of  the  local  board  shaD  be  deemed 
to  be  the  shareholders  and  directors  thereof  in  the 
exercise  of  any  of  the  powers  mentioned  in  sec- 
tion 2.     R.R.O.  1970.  Reg.  301,  s.  3. 

Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Apple 
Marketing  Plan". 

2.  In  this  plan, 

(a)  "apples"  means  apples  of  every  variety  pro- 
duced in  Ontario ; 

(6)  "buyer"  means  a  p)erson  who  buys  apples 
from  a  producer ; 

(c)  "dealer"  means  a  person  who  is  engaged  in 
the  marketing  of  apples  in  Ontario ; 

(d)  "plan"  means  The  Ontario  Apple  Market- 
ing Plan ; 

(«)  "processing"  means  baking,  canning,  de- 
hydrating, drying,  freezing,  slicing  or  pro- 
cessing with  sugar  or  any  chemical  in- 
cluding, but  not  limited  to,  sulphur  dioxide, 
and  includes  producing  juice  from  apples; 

(/)  "processor"  means  a  person  engaged  in 
the  processing  of  apples ; 

{g)  "producer"  means  the  person  who,  on  the 
1st  day  of  October  in  any  year,  is  the 
beneficial  owner  of  a  property  on  which 
apple  trees  are  growing,  except  where  the 
property  is  being  rented  to  a  tenant  on  the 
1st  day  of  October  in  that  year,  in  which  case 
"producer"  means  the  tenant ; 


(A)  "retailer"  means  any  person  who  offers  for 
sale  or  sells  apples  directly  to  a  consumer. 

3.  The  plan  provides  for  the  control  and  regu- 
lation in  any  or  all  respects  of  the  producing  and 
marketing  within  Ontario  of  apples,  including  the 
prohibition  of  such  producing  and  marketing  in 
whole  or  in  part. 

4.  There  shall  be  a  local  board,  designated  for  the 
purposes  of  clause  6  (1)  (c)  of  the  Act,  as  "The  Ontario 
Apple  Marketing  Commission",  hereinafter  referred  to 
as  the  "Commission". 

5.  The  Commission  shall  be  composed  of  twenty- 
three  members  as  follows : 

1.  Twelve  members  shaU  be  producers. 

2.  One  member  shall  be  a  retailer. 

3.  One  member  shall  be  a  consumer  who  is  a 
member  of  the  Consumers'  Association  of 
Canada. 

4.  Five  members  shall  be  dealers  who  are 
members  of  the  Ontario  Apple  Dealers' 
Association. 

5.  Four  members  shall  be  processors. 

6.  Members  of  the  Commission  shall  be  elected  or 
api>ointed  in  accordance  with*  the  provisions  of  the 
plan  and  shall  hold  office  until  their  successors  are 
elected  or  appointed. 

7.  Producers  are  divided  into  nine  districts  as 
follows : 

1.  District  1,  comprising  the  regional 
municipalities  of  Hamilton-Wentworth  and 
Niagara  and  that  part  of  The  Regional 
Municipality  of  Haldimand-Norfolk  that  on 
the  31st  day  of  March,  1974  was  the  County 
of  Haldimand. 

2.  District  2,  comprising  the  counties  of  Wel- 
lington and  York,  as  it  existed  on  the  31st 
day  of  December,  1970,  and  the  regional 
municipalities  of  Halton,  Peel  and  Waterloo. 

3.  District  3,  comprising  the  County  of  Brant 
and  that  part  of  The  Regional  Municipality 
of  Haldimand-Norfolk  that  on  the  3 1st  day  of 
March,  1974  was  the  County  of  Norfolk. 

4.  District  4,  comprising  the  counties  of  Elgin, 
Huron,  Middlesex,  Oxford  and  Perth. 


628 


FARM  PRODUCTS  MARKETING 


Reg.  340 


5.  District  5,  comprising  the  counties  of  Essex, 
Kent  and  Lambton. 

6.  District  6,  comprisii^  the  counties  of  Bruce, 
Dufferin,  Grey  and  Siincoe. 

7.  District  7,  comprising  the  counties  of  North- 
umberland, Peterborough  and  Victoria  and 
The  Regional  Municipality  of  Durham. 

8.  District  8,  comprising  the  counties  of 
Frontenac,  Hastings,  Lennox  and  Adding- 
ton  and  Prince  Edward. 

9.  District  9,  comprising  the  counties  of 
Dundas,Glengarry,Grenville,  Lanark, 
Leeds,  Prescott,  Renfrew,  Russell  and  Stor- 
mont  and  The  Regional  Municipality  of 
Ottawa-Carleton . 

8. — (1)  The  producers  in  each  district  mentioned 
in  section  7  form  a  district  group  of  producers. 

(2)  A  producer  in  the  Provisional  County  of  Hali- 
burton  or  in  a  territorial  district  not  included  in  a 
district  mentioned  in  section  7  may  become  a  mem- 
ber of  the  district  group  of  producers  nearest  his 
place  of  production. 

9.  There  shall  be  a  committee  of  five  producer- 
members  in  each  district  to  be  known  as  the  "District 
Apple  Producers'  Committee". 

10.  On  or  before  the  10th  day  of  August  in  each 
year,  producers  in  each  district  shall  elect  from  their 
members  representatives  to  the  District  Apple 
Producers'  Committee. 

11. — (1)  On  or  before  the  15th  day  of  August  in 
each  year,  each  District  Apple  Producers'  Committee 
shaU  elect  from  among  themselves  one  member  to 
the  Commission. 

(2)  On  or  before  the  15th  day  of  August  in  each 
year,  the  members  of  all  District  Apple  Producers' 
Committees  shall  together  elect  from  among  them- 
selves three  additional  members  to  the  Commission, 
but  not  more  than  two  members  of  the  Commission 
may  be  elected  from  any  one  district. 

(3)  No  producer  is  eligible  for  election  to  the  Com- 
mission who  has  not  been  elected  a  representative  to 
the  District  Apple  Producers'  Committee  in  the 
same  year  as  that  in  which  his  term  commences  as  a 
member  of  the  Commission. 

(4)  No  producer  is  eligible  for  election  in  a  district 
to  the  Commission  unless  he  resides  within  the 
district. 

12.  On  or  before  the  15th  day  of  August  in 
each  year,  the  Minister  shall  appoint  a  retailer  in 
Ontario  as  a  member  of  the  Commission. 


13.  On  or  before  the  15th  day  of  August  in 
each  year,  the  Minister  shall  appoint  a  member 
from  Ontario  of  the  Consumers'  Association  of 
Canada  as  a  member  of  the  Commission. 

14.  Dealers  are  divided  into  five  districts  as 
follows : 

1.  District  1,  comprising  the  counties  of  Elgin, 
Essex,  Huron,  Kent,  Lambton,  Middlesex, 
Oxford  and  Perth. 

2.  District  2,  comprising  the  counties  of  Brant 
and  Wellington  and  the  regional 
municipalities  of  Haldimand-Norfolk,  Hal- 
ton,  Hamilton- Wentworth,  Niagara  and 
Waterloo. 

3.  District  3,  comprising  the  counties  of  Bruce, 
Dufferin,  Grey  and  Simcoe  and  The  Regional 
Municipality  of  Peel. 

4.  District  4,  comprising  the  counties  of  North- 
umberland, Peterborough,  Prince  Edward, 
Victoria  and  York,  as  it  existed  on  the  31st 
day  of  December,  1970,  and  The  Regional 
Municipality  of  Durham. 

5.  District  5,  comprising  the  counties  of  Dun- 
das,  Frontenac,  Glengarry,  Hastings, 
Lanark,  Leeds,  Lennox  and  Addington, 
Prescott,  Renfrew,  Russell,  Stormont  and 
The  Regional  Municipality  of  Ottawa- 
Carleton. 

15.  On  or  before  the  15th  day  of  August  in 
each  year,  the  members  of  the  Ontario  Apple 
Dealers'  Association  shall  elect  from  among  them- 
selves one  member  from  each  of  the  districts 
referred  to  in  section   14  as  members  of  the  Com- 


16.  On  or  before  the  15th  day  of  August  in 
each  year,  the  processors  in  Ontario  shall  elect 
from  among  themselves  four  members  to  the  Com- 
mission. 

17.  Subject  to  section  6,  the  members  of  the 
Commission  elected  or  appointed  under  this  Regula- 
tion shall  hold  office  until  the  15th  day  of 
August  in  the  year  next  following. 

18.  No  member  elected  or  appointed  to  the  Com- 
mission shall  be  eligible,  during  the  term  of  such 
election  or  appointment,  for  further  election  or 
appointment  to  the  Commission  in  any  other 
representative  capacity. 

19.  Where  any  District  Apple  Producers'  Commit- 
tee fails  to  elect  a  member  to  the  Commission  in 
accordance  with  the  provisions  of  subsection  11(1),  the 
Commission  shall,  at  its  first  meeting  after  the  15th 
day  of  August,  appoint  such  producer-members  as  are 
necessary  to  complete  the  Commission. 


Reg.  340 


FARM  PRODUCTS  MARKETING 


629 


20.  Where  the  members  of  all  District  Apple  Pro- 
ducers' Committees  fail  to  elect  the  three  additional 
members  to  the  Commission  in  accordance  with  the 
provisions  of  subsection  11  (2),  the  Commission  shall, 
at  its  first  meeting  after  the  ISth  day  of  August, 
appoint  such  producer-members  as  are  necessary  to 
complete  the  Commission. 

21.  Where  the  members  of  the  Ontario  Apple 
Dealers'  Association  or  the  processors  faU  to  elect 
a  member  to  the  Commission  in  accordance  with 
the  provisions  of  this  Regulation,  the  Commission 
shall,  at  its  first  meeting  after  the  15th  day  of 
August,  appoint  such  representative  members  to  the 
Commission  as  are  necessary  to  complete  the  Com- 
mission. 

22. — (1)  Where  a  member  elected  to  or  appointed 
by  the  Commission  dies  or  resigns  before  his  term 


has  expired,  the  Commission  may  appoint  a  person 
as  a  member  to  fill  such  vacancy  for  the  unexpired 
term  in  accordance  with  the  scheme  of  representation 
as  set  out  in  section  5. 

(2)  Where  a  member  appointed  to  the  Commission 
by  the  Minister  dies  or  resigns  before  his  term  has 
expired,  the  Minister  shall  appoint  a  person  as  a 
member  within  thirty  days  thereafter  to  fill  such 
vacancy  for  the  unexpired  term  in  accordance  with 
the  scheme  of  representation  as  set  out  in  section  5. 

(3)  Where  the  Commission  fails  to  appoint  a  person 
for  the  unexpired  term  of  a  member  under  subsection 
(1)  within  thirty  days  after  the  death  or  resignation  of 
the  member,  the  Board  may  appoint  a  person  for  the 
unexpired  term.  R.R.O.  1970,  Reg.  301,  Sched.; 
O.  Reg.  605/75,  s.  1;  O.  Reg.  905/76,  s.  1; 
O.  Reg.  1015/76,  s.  1,  revised. 


Reg.  341 


FARM  PRODUCTS  MARKETING 


631 


REGULATION  341 

under  the  Farm  Products  Marketing  Act 


APPLES  — MARKETING 

1.  In  this  Regulation. 

(a)  "apples"  means  apples  of  every  variety 
produced  in  Ontario ; 

(b)  "buyer"  means  a  person  who  buys  apples 
from  a  producer ; 

(c)  "Commission"  means  The  Ontario  Apple 
Marketing  Commission ; 

(d)  "plan"  means  The  Ontario  Apple  Marketing 
Plan; 

(e)  "processing"  means  baking,  canning,  de- 
hydrating, drying,  freezing,  slicing  or  pro- 
cessing with  sugar  or  any  chemical  includ- 
ing, but  not  limited  to,  sulphur  dioxide, 
and  includes  producing  juice  from  apples; 

(/)  "processor"  means  a  jaerson  engaged  in  the 
processing  of  apples ; 

ig)  "producer"  means  the  person  who,  on  the 
1st  day  of  October  in  any  year,  is  the 
beneficial  owner  of  a  property  on  which 
apple  trees  are  growing,  except  where  the 
property  is  being  rented  to  a  tenant  on  the 
1st  day  of  October  in  that  year,  in  which  case 
"producer"  means  the  tenant ; 

(A)  "retailer"  means  any  person  who  offers  for 
sale  or  sells  apples  directly  to  a  consumer. 
R.R.O.  1970,  Reg.  300,  s.  1;  O.  Reg. 
606/75,s.  1. 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  producing  and 
marketing  within  Ontario  of  apples,  including  the 
prohibition  of  such  producing  and  marketing  in  whole 
or  in  part.     O.  Reg.  675/77,  s.  1. 

3. — (1)  The  Board  exempts  from  this  Regulation 
apples  produced, 

(a)  in  the  territorial  districts  of  Ontario;  and 

(6)  in  the  Provisional  County  of  Haliburton. 
R.R.O.  1970,  Reg.  300,  s.  3. 

(2)  The  Board  exempts  from  clause  10  (d), 


(a)  acreages  of  apple  trees  of  spy  variety 
where  the  trees  are  under  twelve  years  of 
age ; and 

(b)  acreages  of  apple  trees  of  all  varieties 
other  than  spy  where  the  trees  are  under 
seven  years  of  age.     O.  Reg.  606/75,  s.  2. 

4.  Every  producer  shall,  not  later  than  the  21st 
day  of  October  in  each  year,  complete  and  file  with 
the  Commission  at  its  office,  1454  Dundas  Street 
East,  Suite  123,  Mississauga,  Ontario,  a  return  in 
Form  4.    O.  Reg.  588/78,  s.  1. 


5. — (1)  No  person  shall  commence  or  continue  to 
engage  in  the  producing  of  apples  except  under  the 
authority  of  a   licence  as  a   producer  in   Form   1. 

(2)  Every  producer  shall  be  deemed  to  be  the 
holder  of  a  licence  in  Form  1  while  not  in  default  of 
payment  of  licence  fees  required  to  be  paid  to  the 
Commission.     R.R.O.  1970,  Reg.  300,  s.  4. 

6. — (1)  No  person  shall  commence  or  continue  to 
engage  in  the  processing  of  apples  except  under  the 
authority  of  a  licence  as  a  processor  in   Form  3. 

(2)  No  licence  in  Form  3  shall  be  issued  except 
upon  application  therefor  in  Form  2. 

(3)  A  licence  in  Form  3  expires  with  the  15th  day 
of  July  next  following  the  date  on  which  the 
licence  is  issued. 

(4)  A  licence  in  Form  3  shall  be  issued  without 
charge.     R.R.O.  1970,  Reg.  300.  s.  5. 

7. — (1)  The  Board  may  refuse  to  grant  a  licence 
as  a  processor  where  the  applicant  is  not  qualified  by 
experience,  financial  responsibility  and  equipment 
to  engage  in  properly  the  business  of  a  processor 
or  for  any  other  reason  that  the  Board  considers 
proper.    O.  Reg.  588/78,  s.  2. 

(2)  The  Board  may  suspend  or  revoke  or  refuse  to 
renew  a  licence  as  a  producer  or  a  processor  for 
failure  to  observe,  j)erform  or  carry  out  the  provisions 
of  the  Act,  the  regulations,  the  pjan  or  any  order  or 
direction  of  the  Board  or  Commission.  O.  Reg. 
675/77,  s.  2.  part. 

8.  Every  producer  shall  pay  to  the  Commission 
licence  fees  at  the  rate  of  $20  per  year  per  acre  of  apple 


632 


FARM  PRODUCTS  MARKETING 


Reg.  341 


trees  in  respect  of  which  he  is  a  producer  under  clause 
1  (g)  in  respect  of  the  year  in  which  he  is  a  producer, 
payable  in  three  instalments,  one  instalment  of  $7  per 
acre  on  the  ISth  day  of  November,  one  instalment  of 
$7  per  acre  on  the  15th  day  of  February  of  the  next 
following  year  "and  one  instalment  of  $6  per  acre  on  the 
ISth  day  of  May  next  thereafter.  O.  Reg.  674/79, 
s.  1. 

POWERS  OF  COMMISSION 

9.  The   Board   delegates  to  the   Commission   the 
power, 

(a)  to  require  persons  engaged  in  producing  or 
marketing  apples  to  register  their  names, 
addresses  and  occupations  with  the  Com- 
mission ; 

(b)  to  appoint  persons  to, 

(i)  inspect  the  books,  records,  docu- 
ments, lands  and  premises  and  any 
apples  of  persons  engaged  in  pro- 
ducing or  marketing  apples,  and 

(ii)  enter  on  lands  or  premises  used  for 
producing  apples  and  measure  the 
area  of  land  used  to  produce  apples ; 

(c)  to  stimulate,  increase  and  improve  the  mar- 
keting of  apples  by  such  means  as  it  considers 
proper; 

(d)  to  co-operate  with  a  marketing  board,  a  local 
board  or  a  marketing  agency  of  any  other 
province  for  the  purpose  of  marketing  apples; 

(e)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying  out 
of  the  provisions  of  the  Act,  the  regulations 
and  the  plan.  R.R.O.  1970,  Reg.  300,  s.  7; 
O.  Reg.  253/78,  s.  1;  O.  Reg.  588/78,  s.  3. 

10.  The  Board  delegates  to  the  Commission  its 
power  to  make  regulations  with  respect  to  apples, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing  to 
engage  in  the  marketing  of  apples; 

(b)  prohibiting  persons  from  engaging  in  the 
marketing  of  apples  except  under  the 
authority  of  a  licence  issued  by  the 
Commission ; 

(c)  providing  for  the  suspension  or  revocation 
of,  or  refusal  to  renew,  a  licence  for  failure 
to  observe,  perform  or  carry  out  the  pro- 
visions of  the  Act,  the  regulations,  the  plan 
or  any  order  or  direction  of  the  Board  or 
Commission ; 


(d)  providing  for  the  fixing  of  licence  fees 
payable  yearly,  half-yearly,  quarterly  or 
monthly  at  different  amounts  or  in  instal- 
ments from  any  or  all  persons  marketing 
apples ; 

(e)  providing  for  the  collection  of  licence  fees 
from  any  or  all  persons  producing  or  market- 
ing apples  and  the  recovering  of  such  licence 
fees  by  suit  in  a  court  of  competent 
jurisdiction ; 

(/)  requiring  any  person  who  receives  apples 
to  deduct  from  the  moneys  payable  for  the 
apples  any  licence  fees  payable  to  the 
Commission  by  the  person  from  whom  he 
receives  the  apples  and  to  forward  such 
licence  fees  to  the  Commission ; 

(g)  prescribing  the  form  of  licences; 

(h)  requiring  any  person  who  produces  and 
processes  apples  to  furnish  to  the  Com- 
mission statements  of  the  amounts  of  apples 
that  he  produced  in  any  year  and  used  for 
processing ; 

(i)  providing  for  the  exemption  from  any  or 
all  of  the  regulations,  orders  or  directions 
under  the  plan  of  any  class,  variety,  grade 
or  size  of  apples,  or  any  person  or  class  of 
persons  engaged  in  the  producing  or  market- 
ing of  apples  or  any  class,  variety,  grade 
or  size  of  apples; 

(j)  requiring  the  furnishing  of  security  or 
proof  of  financial  responsibility  by  any 
person  engaged  in  the  marketing  of  apples 
and  providing  for  the  administration  and 
disposition  of  any  moneys  or  securities  so 
furnished ; 

{k)  providing  for  the  control  and  regulation 
of  the  marketing  of  apples  including  the 
times  and  places  at  which  apples  may  be 
marketed ; 

(/)  providing  for  the  control  and  regulation  of 
agreements  entered  into  by  producers  of 
apples  with  persons  engaged  in  marketing 
or  processing  apples  and  the  prohibition 
of  any  provision  or  clause  in  such  agree- 
ments ; 

(m)  requiring  any  person  who  produces  apples 
to  offer  to  sell  and  to  sell  the  apples 
through  the  Commission;  and 

(m)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  apples  by  or 
through  the  Commission  and  prescribing 
the  forms  and  terms  and  conditions  of  such 
agreements.     O.  Reg.  675/77,  s.  3. 

11. — (1)  The    Board    authorizes    the    Commission 
to  use  any  class  of  licence  fees  and  other  moneys 


Reg.  341 


FARM  PRODUCTS  MARKETING 


633 


payable  to  it  for  the  purposes  of  paying  the 
expenses  of  the  Commission,  carrjdng  out  and 
enforcing  the  Act  and  the  regulations  and  canying 
out  the  purposes  of  the  plan. 

(2)  The  Board  authorizes  the  Commission  to 
establish  a  fund  in  connection  with  the  plan  for 
the  payment  of  any  moneys  that  may  be  required 
for  the  purposes  mentioned  in  subsection  (1).  R.R.O. 
1970,  Reg.  300,  s.  9. 


MARKETING  BY  COMMISSION 

12. — (1)  All  apples  shall  be  marketed  by  or  through 
the  Commission. 

(2)  No  person  shall  market  apples  except  by  or 
through  the  Commission.  R.R.O.  1970,  Reg.  300, 
s.  10. 

13.  The  Board  vests  in  the  Commission  the  follow- 
ing powers: 

1.  To  direct  and  control,  by  order  or  direction, 
either  as  principal  or  agent,  the  marketing 
of  apples,  including  the  times  and  places 
at  which  apples  may  be  marketed. 

2.  To  determine  the  quantity  of  each  class, 
variety,  grade  and  size  of  apples  that  shall 
be  marketed  by  each  producer. 

3.  To  prohibit  the  marketing  of  any  class, 
variety,  grade  or  size  of  apples. 

4.  To  purchase  or  otherwise  acquire  such 
quantity  or  quantities  of  apples  as  the 
Commission  considers  advisable.  R.R.O. 
1970,  Reg.  300,  s.  11. 

14.  The  Board  vests  in  the  Commission  the  follow- 
ing powers: 

1.  To  determine  from  time  to  time  the  price 
or  prices  that  shall  be  paid  for  apples, 
or  any  class,  variety,  grade  or  size  of  apples, 
to  persons  engaged  in  the  producing, 
marketing  or  processing  of  apples  and  to 
determine  different  prices  for  different  parts 
of  Ontario. 

2.  To  require  the  price  or  prices  payable  or 
owing  to  any  person  for  apples  to  be  paid 
to  or  through  the  Commission. 

3.  To  collect  from  any  person  by  suit  in  a  court 
of  competent  jurisdiction  the  price  or  prices 
or  any  part  thereof  of  apples  owing  to  any 
person  engaged  in  the  producing,  marketing 
or  processing  thereof.  R.R.O.  1970,  Reg. 
300,  s.  12. 


Form  1 

Farm  Products  Marketing  Act 

LICENCE  TO  ENGAGE  IN  THE 
PRODUCING  OF  APPLES 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued 


to. 


(name) 


of. 


(address) 
to  engage  in  the  producing  of  apples. 

Dated  at  Toronto,  this day  of ,  19 . . . . 

The  Farm  Products  Marketing  Board: 


(Chairman) 


(Secretary) 
R.R.O.  1970,  Reg.  300,  Form  1. 

Form  2 


Farm  Products  Marketing  Act 

APPLICATION  FOR  A  LICENCE 
AS  A  PROCESSOR  OF  APPLES 

To:  The  Farm  Products  Marketing  Board: 


(name  of  appUcant) 


(address) 


makes  application  for  a  licence  as  a  processor  of  apples 
under  the  Farm  Products  Marketing  Act. 


Dated  at ,  this . 


day  of . 


,,  19.. 


(signature  of  appUcant) 


(where  applicant  is  a 

corporation  or  partnership, 

signature  of  person  authorized 

to  sign) 


(oflSce) 
R.R.O.  1970,  Reg.  300.  Form  2. 


634 


FARM  PRODUCTS  MARKETING 


Reg.  341 


Form  3 

Farm  Products  Marketing  Act 

LICENCE  AS  A  PROCESSOR  OF  APPLES 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued 


to. 


(name) 


of. 


(address) 

to  engage  in  the  processing  of  apples. 

This    licence    expires    with    the    15th    day    of 
July  next  following  the  date  of  issue. 

Issued  at  Toronto,  this day  of ,  19 . .  . . 

The  Farm  Products  Marketing  Board: 


Chairman 


Secretary 
R.R.O.  1970,  Reg.  300,  Form  3. 

Form  4 

Farm  Products  Marketing  Act 

ANNUAL  APPLE  ACREAGE  REPORT 

To:  The  Ontario  Apple  Marketing  Commission, 
1454  Dundas  St.  E., 
Suite  123, 
Mississauga,  Ont., 
L4X  1L4. 


(name  of  producer) 


(corporation  or  orchard  name) 


(state  whether  owner  or  tenant) 


(mailing  address) 


(person  responsible  for  orchard  (s)  ) 

This  is  the  annual  survey  for  assessment  of  apple 
acreage  within  the  Province  of  Qntario  for  the 
current  crop  year. 


Your  acreage  for  the  19....  crop  year  was  as 
follows  based  on  your  estimate  or  official  measure- 
ment: 


1.  Total  Apple  Acreage 

2.  Exemptions  (young  trees) 


i.  Spy  acreage  planted  since 
August  19. .  . . 

ii.  All  other  apple  acreage  planted 
since  August  19. . . . 

iii.   Basic  exemption 

(one  per  grower) 

3.  Total  Exemptions 

4.  Total  Assessable  Acres 


If  there  is  no  change  in  your  acreage  as  shown 
above  please  sign  and  return. 


(signature) 


(phone  number) 

If  there  have  been  changes  during  the  past  year, 
please  complete  the  following: 

Deduct: 
5.  Apple  Trees  removed  acres 


6.  Orchards  no  longer  rented 
— owner  of  orchard  previously 
rented 


(name) 


(address) 

7.  Orchards  sold  or  rented 
— ^Sold  or  rented  to 


(name) 


(address) 

8.  Total 

Add: 

9.  Young  trees  reaching  maturity 
Spy  variety  planted  between 
August  1, 19. .  . .  and  August  1, 
19.... 


acres 


Reg.  341 


FARM  PRODUCTS  MARKETING 


635 


All  other  varieties  planted 
between  August  1,  19. . . .  and 
August  1,  19. . . . 

10.  Orchard  previously  rented  by 
you  to  another  producer  but 
not  rented  this  year 


1 1 .  Orchards  purchased  or  rented     acres 

— Location 

— Purchased,  rented  or  leased 
from 


(name) 
(address) 


12.  Total 


13.  Total  Assessable  Acres   19. 
Crop  Year 


14.   19. .  . .  Crop  Year  Plantings 

Young  Apple  Trees  Planted  during 
the  year  August  1 ,  19....  to  July 
31,  19.... 

i.  Spy  variety  acres 

ii.  All  other  varieties  acre.« 


This  acreage  will  not  be  assessable  this  year  but 
will  be  added  to  your  total  apple  acreage  and  to 
the  exemptions  for  your  trees. 


Dated  at ,  this . 


(signature) 

(phone  number) 

...  day  of 19.... 

O.  Reg.  588/78,  s.  4. 


Reg.  342 


FARM  PRODUCTS  MARKETING 


637 


REGULATION  342 


under  the  Farm  Products  Marketing  Act 
ARBITRATION  OF  DISPUTES 
1.— (1)  Where. 


(a)  an  agreement  is  made  by  a  negotiating 
agency  established  in  connection  with  a 
plan  under  paragraph  23  of  subsection  8(1) 
of  the  Act;  or 

{b)  an  award  is  made  by  a  board  under  para- 
graph 25  of  subsection  8  (1)  of  the  Act, 

and  a  dispute  arises  out  of  that  agreement  or  that 
award,  any  party  to  the  dispute  or  the  local  board 
may  refer  the  matters  in  dispute  to  the  Board  and 
request  that  the  matters  in  dispute  be  settled  by 
an  arbitrator  or  a  board  of  arbitration. 

(2)  Where  matters  in  dispute  are  referred  to  the 
Board  under  subsection  (1),  the  reference  shall  be 
accompanied  by  a  statement  of  matters  in  dispute 
in  writing  signed  by  the  party  or  by  a  person  au- 
thorized so  to  do  on  his  behalf  or  by  the  secretary 
or  other  ofi&cer  of  the  local  board,  showing, 

(a)  the  names  and  addresses  of  the  parties  to 
the  dispute ; 

(b)  particulars  of  the  matters  in  dispute, 
including  the  times  when  and  places  where 
and  the  circumstances  under  which  the 
dispute  arose ; 


c)  the  provisions  of  the  agreement  or  award 
out  of  which  the  dispute  arose ;  and 


id)  the  matters  to  be  settled  by  an  arbitrator  or  a 
board  of  arbitration.     R.R.O.    1970,   Reg. 

303,  s.  1. 


2. — (1)  Where  the  Board  receives  a  statement  of 
matters  in  dispute,  the  Board,  if  it  is  of  the  opinion 
that  the  dispute  is  in  respect  of  matters  arising  out 
of  an  agreement  or  award  in  force  at  the  time  the 
dispute  arose  and  no  provision  is  made  in  the 
agreement  or  award  for  the  settlement  of  such  dis- 
pute, shall  appoint  an  arbitrator  or  a  board  of 
arbitration  and  shall  refer  the  matters  in  dispute  to 
the  arbitrator  or  board  of  arbitration,  as  the  case 
maybe. 


(2)  A  board  of  arbitration  shall  consist  of  three 
members,  one  of  whom  shall  be  a  member  of  the 
negotiating  committee  appointed  by  the  local  board, 
and  one  of  whom  shall  be  a  member  of  the  negotiating 
committee  appointed  other  than  by  the  local  board. 
R.R.O.  1970,  Reg.  303,  s.  2. 

3.  An  arbitrator  or  a  board  of  arbitration  appointed 
by  the  Board  under  subsection  2  (1)  shall  make  an 
award  in  respect  of  the  matters  submitted  to 
it.     R.R.O.  1970,  Reg.  303,  s.  3. 


Reg.  343 


FARM  PRODUCTS  MARKETING 


639 


REGULATION  343 

under  the  Farm  Products  Marketing  Act 


ASPARAGUS— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  asparagus.     R.R.O.  1970,  Reg.  304,  s.  1. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  2. 

3.  The  members  of  the  local  board  shall  be 
deemed  to  be  the  shareholders  and  directors  thereof 
in  the  exercise  of  any  powers  mentioned  in  section  2. 
R.R.O.  1970,  Reg.  304,  s.  3. 

Schedule 

Farm  Products  Marketing  Act 

PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario 
Asparagus  Growers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "asparagus"  means  asparagus  produced  in 
Ontario ; 

(b)  "fresh  asparagus"  means  asparagus,  except 
asparagus  that  is  used  by  a  processor  for  pro- 
cessing; 

(c)  "processing"  means  canning,  dehydrating, 
drying,  freezing  or  processing  with  sugar  or 
sulphur  dioxide  or  any  other  chemical; 

(d)  "processor"  means  a  person  engaged  in  the 
business  of  processing  asparagus; 

(e)  "producer"  means  a  person  who,  on  the 
1st  day  of  May  in  any  year,  is  the  bene- 
ficial owner  of  a  property  on  which 
asparagus  is  growing,  except  where  the 
property  is  being  rented  to  a  tenant  on 
the  1st  day  of  May  in  that  year,  in  which 
case  "producer"  means  the  tenant. 

3. — (1)  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  producing  and 
marketing  within  Ontario  of  asparagus,  including  the 
prohibition  of  such  producing  and  marketing  in  whole 
or  in  part. 


(2)  Subject  to  section  12,  for  the  purpose  of  electing 
or  appointing  producer  representatives  to  and  eligibility 
to  hold  office  as  a  member  of  the  local  board  or  a  District 
Asparagus  Growers'  Committee  under  sections  8,  9  and 
10,  a  producer  is  a  person  who,  on  the  Istday  of  May  in 
the  year  in  which  he  votes  for  or  is  elected  or  appointed  a 
member,  is  the  beneficial  owner  of  a  property  on  which 
more  than  one-half  acre  of  asparagus  is  growing,  except 
where  the  property  is  being  rented  to  a  tenant  on  the  1st 
day  of  May  in  that  year,  in  which  case  the  producer  is 
the  tenant,  and, 

(a)  where  the  producer  is  a  corporation,  the  per- 
son, if  any,  designated  in  writing  in  respect  of 
that  property  by  the  corporation  shall  be 
deemed  to  be  the  producer; 

(b)  where  the  producer  is  a  firm  or  partnership  of 
one  or  more  persons  carrying  on  the  produc- 
tion and  marketing  under  a  trade  name,  farm 
name  or  other  designation,  the  person,  if  any, 
designated  in  writing  in  respect  of  that  prop- 
erty by  the  owner  or  owners  shall  be  deemed 
to  be  the  producer;  and 

(c)  where  the  producer  is  comprised  of  two  or 
more  persons  who  are  joint  owners,  the  one  of 
such  joint  owners  who  first  presents  himself  to 
register  the  vote  in  respect  of  that  property 
shall  be  deemed  to  be  the  producer.  O.  Reg. 
215/79,  s.  1. 

4.  There  shall  be  a  local  board  to  be  known  as 
"The  Ontario  Asparagus  Growers'  Marketing  Board". 

5.  The  local  board  shall  be  composed  of  eleven  pro- 
ducer-members. 

6.  Producers  are  divided  into  four  districts  as  fol- 
lows: 

1.  District  1,  comprising  the  counties  of  Essex, 
Huron,  Kent,  Lambton,  Middlesex  and 
Perth. 

2.  District  2,  comprising  the  counties  of  Brant, 
Elgin  and  Oxford  and  the  regional 
municipalities  of  Haldimand-Norfolk,  Hal- 
ton,  Hamilton-Wentworth,  Niagara  and 
Waterloo. 

3.  District  3,  comprising  the  counties  of  Bruce, 
Dufferin,  Grey,  Simcoe  and  Wellington  and 
the  regional  municipalities  of  Peel  and  York. 

4.  District  4,  comprising  those  parts  of  Ontario 
that  are  not  included  in  districts  1,  2  and  3. 


640 


FARM  PRODUCTS  MARKETING 


Reg.  343 


7.  There  shall  be  a  committee  in  each  district  to  be 
known  as  the  "District  Asparagus  Growers'  Com- 
mittee". 

8.  On  or  before  the  15th  day  of  December  in  each 
year  the  producers  in  each  of  the  districts  named  in 
section  6  shall  elect  from  their  members  one  producer 
for  each  fifteen  producers  or  fraction  thereof  in  the 
district  to  the  District  Asparagus  Growers'  Committee 
for  the  district. 

9. — (1)  On  or  before  the  31st  day  of  December  in 
each  year  each  District  Asparagus  Growers'  Committee 
may  elect  from  the  producers  in  the  district  members  to 
the  local  board  as  follows: 

1.  District  1,  three  members. 

2.  District  2,  four  members. 

3.  District  3,  three  members. 

4.  District  4,  one  member. 

(2)  No  person  is  eligible  for  election  from  any 
district  to  the  local  board  unless  he  resides  within 
the  district. 

(3)  Where  in  any  year  a  District  Asparagus 
Growers'  Committee  fails  to  elect  one  or  more  mem- 


bers to  the  local  board  in  accordance  with  subsec- 
tion (1),  the  members  of  all  District  Asparagus 
Growers'  Committees  may  on  or  before  the  31st  day 
of  December  of  that  year  elect  the  member  or 
members  from  that  district  to  the  local  board. 

10. — (1)  At  its  first  meeting  after  the  31st  day  of 
December  the  members  elected  to  the  local  board 
shall  appoint  such  producer-members  as  are  nec- 
essary to  complete  the  local  board. 

(2)  Where  a  member  elected  or  appointed  to  the 
local  board  dies  or  resigns  before  the  31st  day  of 
December  of  the  year  next  following  the  date  of  his 
elettion  or  appointment,  the  members  of  the  local 
board  may  appoint  a  producer-member  for  the  un- 
expired term. 

(3)  Each  producer-member  appointed  as  a  mem- 
ber to  the  local  board  under  subsection  (1)  or  (2) 
shall  be  a  producer  in  the  district  for  which  he  is 
appointed. 

11.  The  terms  of  office  of  members  of  a  District 
Asparagus  Growers'  Committee  or  of  the  local  board 
expire  with  the  election  or  appointment  of  their  succes- 
sors. R.R.O.  1970,  Reg.  304,  Sched.;  O.  Reg.  52/72, 
ss.  1,  2;  O.  Reg.  360/78,  ss.  1-3;  O.  Reg.  215/79, 
ss.  1-6;  O.  Reg.  438/79,  s.  1,  revised. 


Reg.  344 


FARM  PRODUCTS  MARKETING 


641 


REGULATION  344 

under  the  Farni  Products  Marketing  Act 


ASPARAGUS  —MARKETING 

1.  In  this  Regulation, 

(a)  "asparagus"  means  asparagus  produced  in 
Ontario ; 

(b)  "fresh  asparagus"  means  asparagus,  ex- 
cept asparagus  that  is  used  by  a  processor 
for  processing ; 

(c)  "local  board"  means  The  Ontario  As- 
paragus Growers'  Marketing  Board; 

{d)  "processing"  means  canning,  dehydrating, 
drying,  freezing  or  processing  with  sugar 
or  sulphur  dioxide  or  any  other  chemical ; 

(e)  "processor"  means  a  person  engaged  in  the 
business  of  processing  asparagus ; 

{fj  "producer"  means  a  person  who,  on  the 
1st  day  of  May  in  any  year,  is  the  bene- 
ficial owner  of  a  property  on  which 
asparagus  is  growing,  except  where  the 
property  is  being  rented  to  a  tenant  on 
the  1st  day  of  May  in  that  year,  in  which 
case,  "producer"  means  the  tenant. 
O.Reg.  361/78,  s.  1. 

2.  This  Regulation  provides  for  the  control  and 
regulation,  in  any  or  all  respects,  of  the  producing 
and  marketing  within  Ontario  of  asparagus,  in- 
cluding the  prohibition  of  such  producing  and 
marketing  in  whole  or  in  part.  O.  Reg.  361/78, 
s.  2. 

3. — (1)  The  Board  exempts  fresh  asparagus  from 
this  Regulation,  except  sections  1  and  2,  subsections  4 
(1)  and  (2),  section  6,  clauses  7  (a),  (b)  and  (c)  and 
section  8. 

(2)  The  Board  exempts  from  section  6, 

(a)  a  producer  who  produces  one-half  of  an 
acre  of  asparagus  or  less ;  and 

(b)  a  producer  of  asparagus  in  respect  of  any 
acreage  of  asparagus  that  has  been  planted 
for  less  than  two  years.  O.  Reg.  361/78, 
s.  3. 

4.— (1)  No  person  shall  commence  or  continue  to 
engage  in  the  producing  of  asparagus  except  under 
the  authority  of  a  licence  as  a  producer  of  asparagus 
in  Form  1 . 


(2)  Every  producer,  while  not  in  default  of  pay- 
ment of  the  fees  required  to  be  paid  under  sec- 
tion 6,  shall  be  deemed  to  be  the  holder  of  a 
licence  in  Form  1 . 

(3)  No  person  shall  commence  or  continue  to 
engage  in  the  processing  of  asparagus  except  under 
the  authority  of  a  licence  as  a  processor  of 
asparagus  in  Form  2. 

(4)  No  licence  in  Form  2  shall  be  issued  except  upon 
application  therefor  in  Form  3. 

(5)  A  licence  in  Form  2  expires  with  the  31st  day  of 
January  in  the  year  next  following  the  year  in  which  it 
was  issued. 

(6)  A  licence  in  Form  2  shall  be  issued  to  a  processor 
of  asparagus  without  charge.     O.  Reg.  361/78,  s.  4. 

5. — (1)  The  Board  may  refuse  to  grant  a  licence 
as  a  processor  of  asparagus  where  the  applicant 
is  not  qualified  by  experience,  financial  responsi- 
bility and  equipment  to  engage  in  properly  the 
business  of  a  processor  of  asparagus  or  for  any 
other  reason  that  the  Board  considers  proper. 

(2)  The  Board  may  suspend  or  revoke  or  refuse 
to  renew  a  licence  as  a  producer  or  a  processor  of 
asparagus  for  failure  to  observe,  perform  or  carry 
out  the  provisions  of  the  Act,  the  regulations,  the 
plan  or  any  order  or  direction  of  the  Board  or  the 
local  board.     O.  Reg.  361/78,  s.  5. 

6.  Every  producer  shall  pay  to  the  local  board 
licence  fees  at  the  rate  of  $25  per  year  per  acre  of 
asparagus  in  respect  of  which  he  is  a  producer 
under  clause  1  ( / ) ,  in  respect  of  the  year  in  which  he  is 
a  producer,  payable  on  the  1st  day  of  June  in  that 
year.     O.  Reg.  361/78,  s.  6. 

7.  The  Board  delegates  to  the  local  board  the 
power, 

(a)  to  require  persons  engaged  in  producing 
or  marketing  asparagus  to  register  their 
names,  addresses  and  occupations  with  the 
local  board ; 

(b)  to  require  persons  engaged  in  producing  or 
marketing  asparagus  to  furnish  such  in- 
formation relating  to  the  production  or 
marketing  of  asparagus,  as  the  local  board 
determines ; 

(c)  to  ap{)oint  persons  to, 


642 


FARM  PRODUCTS  MARKETING 


Reg.  344 


(i)  inspect  the  books,  records,  docu- 
ments, lands  and  premises  and  any 
asparagus  of  persons  engaged  in 
producing  or  marketing  asparagus, 
and 

(ii)  enter  on  land  or  premises  used  for 
the  producing  of  asparagus  and 
measure  the  area  of  land  used  to 
produce  asparagus ; 

{d)  to  stimulate,  increase  and  improve  the 
marketing  of  asparagus  by  such  means 
at  it  considers  proper ; 

{e)  to  co-operate  with  a  marketing  board, 
local  board,  marketing  commission  or 
marketing  agency  of  Canada  or  of  any 
province  of  Canada  for  the  purpose  of 
marketing  asparagus ;  and 

(/)  to  do  such  acts  and  make  such  orders 
and  issue  such  directions  as  are  necessary 
to  enforce  the  due  observance  and  carry- 
ing out  of  the  provisions  of  the  Act,  the 
regulations  and  the  plan.  O.  Reg.  361/78, 
s.  7. 

8.  Every  producer  shall,  not  later  than  the 
21st  day  of  May  in  each  year,  complete  and  file 
with  the  local  board  at  its  head  office,  a  return 
in  Form  4.     O.  Reg.  361/78,  s.  8. 

9.  The  Board  delegates  to  the  local  board  its 
powers  to  make  regulations  with  respect  to  as- 
paragus, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 
to  engage  in  the  marketing  of  asparagus; 

(b)  prohibiting  persons  from  engaging  in  the 
marketing  of  asparagus  except  under  the 
authority  of  a  licence  to  market  asparagus ; 

(c)  providing  for  the  refusal  to  grant  a  licence 
to  market  asparagus  where  the  applicant 
is  not  qualified  by  experience,  financial 
responsibility  and  equipment  to  engage  in 
properly  the  business  for  which  the  applica- 
tion was  made,  or  for  any  other  reason  that 
the  local  board  considers  proper ; 

(d)  providing  for  the  suspension  or  revoca- 
tion of,  or  the  refusal  to  renew,  a  hcence 
to  market  asparagus  for  failure  to  observe, 
perform  or  carry  out  the  provisions  of  the 
Act,  the  regulations,  the  plan  or  any 
order  or  direction  of  the  local  board ; 

(e)  providing  for  fixing  of  licence  fees  payable 
yearly,  half-yearly,  quarterly  or  monthly 
at  different  amounts  or  in  instalments 
from  any  or  all  persons  marketing  as- 
paragus ; 


(/")  providing  for  the  collection  of  licence 
fees  from  any  or  all  persons  producing  or 
marketing  asparagus  and  the  recovering 
of  such  licence  fees  by  suit  in  a  court  of 
competent  jurisdiction; 

{g)  requiring  any  person  who  receives  aspara- 
gus to  deduct  from  the  monejre  payable 
for  the  asparagus  any  licence  fees  payable 
to  the  local  board  by  the  p)erson  from 
whom  he  receives  the  asparagus  and  to 
forward  such  licence  fees  to  the  local  board ; 

(h)  prescribing  the  form  of  licences; 

(t)  requiring  any  person  who  produces  and 
processes  asparagus  to  furnish  to  the 
local  board  statements  of  the  amount  of 
asparagus  that  he  produced  in  any  year 
and  used  for  processing ; 

(j)  subject  to  section  3,  providing  for  the 
exemption  from  any  or  all  of  the  regula- 
tions, orders  or  directions  under  the  plan 
of  any  class,  variety,  grade  or  size  of 
asparagus,  or  any  person  or  class  of  persons 
engaged  in  the  producing  or  marketing  of 
asparagus  or  any  class,  variety,  grade  or 
size  of  asparagus ; 

(k)  providing  for  the  control  and  regulation  of 
the  marketing  of  asparagus,  including  the 
times  and  places  at  which  asparagus  may 
be  marketed ; 

(/)  providing  for  the  control  and  regulation 
of  agreements  entered  into  by  producers 
of  asparagus  with  persons  engaged  in 
marketing  or  processing  asparagus,  and  the 
prohibition  of  any  provision  or  clause  in 
such  agreements ; 

(w)  requiring  any  person  who  produces  aspara- 
gus to  offer  to  sell  and  to  sell  the  asparagus 
to  or  through  the  local  board ; 

(n)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  asparagus  that 
has  not  been  sold  by  or  through  the  local 
board;  and 

(o)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  asparagus  by 
or  through  the  local  board  and  prescribing 
the  forms  and  the  terms  and  conditions 
of  such  agreements.  O.  Reg.  361/78, 
s.  9. 

10. — (1)  The  Board  authorizes  the  local  board  to 
use  any  class  of  licence  fees,  service  charges  and 
other  moneys  payable  to  it  for  the  purposes  of 
paying  the  expenses  of  the  local  board,  carrying 
out    and   enforcing   the    Act    and    the   regulations 


Reg.  344 


FARM  PRODUCTS  MARKETING 


643 


and   carrying   out    the    purposes   of   The    Ontario 
Asparagus  Growers'  Marketing  Plan. 

(2)  The  Board  authorizes  the  local  board  to 
establish  a  fund  in  connection  with  the  plan  for  the 
payment  of  any  moneys  that  may  be  required  for 
the  purposes  mentioned  in  subsection  (1).  O.  Reg. 
361/78,  s.  10. 

11.  The  Board  authorizes  the  local  board  to 
conduct  a  pool  or  pools  for  the  distribution  of  all 
moneys  received  from  the  sale  of  asparagus  and, 
after  deducting  all  necessary  and  proper  disburse- 
ments and  expenses,  to  distribute  the  remainder 
of  the  moneys  received  from  the  sale  in  such 
manner  that  every  producer  receives  a  share  of  the 
remainder  of  the  moneys  received  from  the  sale  in 
relation  to  the  amount,  class,  variety,  grade  or 
size  of  asparagus  delivered  by  him,  and  authorizes 
such  local  board  to  make  an  initial  payment  on 
delivery  of  the  asparagus  and  subsequent  payments 
until  all  of  the  remainder  of  the  moneys  received 
from  the  sale  is  distributed  to  the  producers. 
O.Reg.  361/78,  s.  11. 

12.  The  Board  authorizes  the  local  board  to 
appoint  agents,  to  prescribe  their  duties  and 
terms  and  conditions  of  employment  and  to  provide 
for  their  remuneration.     O.  Reg.  361/78,  s.  12. 

13.  The  Board  vests  in  the  local  board  the 
following  powers: 

1.  To  direct  and  control,  by  order  or  direction, 
either  as  principal  or  agent,  the  marketing 
of  asparagus,  including  the  times  and 
places  at  which  asparagus  may  be 
marketed. 

2.  To  determine  the  quantity  of  each  class, 
variety,  grade  and  size  of  asparagus  that 
shall  be  marketed  by  each  producer. 

3.  To  prohibit  the  marketing  of  any  class, 
variety,  grade  or  size  of  asparagus. 

4.  To  determine  from  time  to  time  the 
price  or  prices  that  shall  be  paid  to 
producers  or  to  the  local  board,  as  the 
case  may  be,  for  asparagus  or  any  class, 
variety,  grade  or  size  of  asparagus  and  to 
determine  different  prices  for  different 
parts  of  Ontario. 

5.  To  fix  and  impose  service  charges  from 
time  to  time  for  the  marketing  of  asparagus. 

6.  To  require  the  price  or  prices  payable  or 
owing  to  the  producer  for  asparagus  to 
be  paid  to  or  through  the  local  board. 

7.  To  collect  from  any  person  by  suit  in  a 
court  of  competent  jurisdiction  the  price 
or  prices  or  any  part  thereof  of  asparagus. 


8.  To  purchase  or  otherwise  acquire  such 
quantity  or  quantities  of  asparagus  as  the 
local  board  considers  advisable  and  to  sell 
or  otherwise  dispose  of  any  of  the  asparagus 
so  purchased  or  acquired. 

9.  To  pay  from  service  charges  imposed 
under  paragraph  5  its  expenses  in  carrying 
out  the  purposes  of  the  plan. 

10.  To  pay  to  the  producers  the  price  or 
prices  for  asparagus  less  service  charges 
imposed  under  paragraph  5  and  to  fix  the 
times  at  which  or  within  which  such 
payments  shall  be  made.  O.  Reg.  361/78, 
s.  13. 

14.  Each  payment  under  paragraph  10  of  sec- 
tion 13  shall  be  accompanied  by  a  statement 
showing  the  grades  and  quantity  of  each  grade  of 
asparagus  sold,  the  price  or  prices  paid  and  the 
particulars  of  the  service  charges  imposed  by  the 
local  board.     O.  Reg.  361/78,  s.  14. 

15. — (1)  There  shall  be  an  advisory  committee 
to  be  known  as  "The  Asparagus  Industry  Advisory 
Committee"  composed  of  seven  members. 

(2)  After  the  1st  day  of  January  and  before  the  31st 
day  of  January  in  each  year, 

(a)  the  Board  shall  appoint  one  member; 

(b)  the  local  board  shall  appoint  three  mem- 
bers; and 

(c)  the  Ontario  Food  Processors'  Association 
shall  appoint  three  members, 

to  The  Asparagus  Industry  Advisory  Committee. 

(3)  Subject  to  subsections  (4)  and  (5),  the  members 
of  the  advisory  committee  appointed  under  subsection 
(2)  are  and  remain  members  thereof  until  the  31st  day 
of  January  in  the  year  following  the  year  in  which  they 
were  appointed. 

(4)  Where  a  member  of  the  advisory  committee 
dies  or  resigns  or  is  unavailable  to  act  before  the 
expiration  of  his  term,  the  person  or  f)ersons  who 
appointed  him  shall  appoint  a  person  for  the 
unexpired  term  of  the  member  who  died  or  resigned 
or  was  unavailable  to  act. 

(5)  Where  the  local  board  or  the  Ontario  Food 
Processors'  Association,  as  the  case  may  be,  fails  to 
appoint  a  member  or  members  to  the  advisory 
committee  in  accordance  with  subsection  (2)  or  (4), 
the  Board  may  appoint  such  members  as  are 
necessary  to  complete  the  advisory  committee. 

(6)  The  Asparagus  Industry  Advisory  Committee 
is  empowered  to  advise  and  make  representations 
to  the  local  board  or  to  the  Ontario  Food  Processors' 
Association  in  respect  of, 


644 


FARM  PRODUCTS  MARKETING 


Reg.  344 


(a)  the  promotion  of  harmonious  relationships 
between  persons  engaged  in  the  production 
and  marketing  of  asparagus ; 

(b)  the  promotion  of  greater  efficiency  in  the 
production  and  marketing  of  asparagus ; 

(c)  the  prevention  and  correction  of  irregu- 
larities and  inequities  in  the  marketing  of 
asparagus ; 

(d)  the  improvement  of  the  quality  and  variety 
of  asparagus ; 

(e)  the  improvement  of  the  circulation  of 
market  information  respecting  asparagus; 
and 

(/)  without  limiting  the  generahty  of  any  of 
the  foregoing,  any  matter  with  respect  to 
which  the  Board  or  the  local  board  may  be 
empowered  to  make  regulations  under  the 
Act.     O.  Reg.  361/78,  s.  15. 

V  orm    1 

Farm  Products  Marketing  Act 

LICENCE  TO  ENGAGE  IN  THE 
PRODUCING  OF  ASPARAGUS 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued 


to. 


(name) 


of. 


(address) 
to  engage  in  the  producing  of  asparagus, 

Dated  at  Toronto,  this  . . ...  day  of , 

19.. 

The  Farm  Products  Marketing  Board: 


Chairman 


Secretary 
O.  Reg.  361/78,  Form  1. 

Form  2 

Farm  Products  Marketing  Act 

LICENCE  AS  A  PROCESSOR  OF  ASPARAGUS 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof, 
this  licence  is  issued 


to 


of 


(name) 


(address) 

to  engage  in  the  processing  of  asparagus. 

This    licence    expires    with    the    31st    day    of 
January  next  following  the  date  of  issue. 

Issued  at  Toronto,  this day  of , 

19... 

The  Farm  Products  Marketing  Board: 
Chairman 


Secretary 
O.  Reg.  361/78,  Form  2. 


Form  3 

Farm  Products  Marketing  Act 

APPLICATION  FOR  LICENCE  AS  A 
PROCESSOR  OF  ASPARAGUS 

To :  The  Farm  Products  Marketing  Board : 


(name  of  applicant) 


(address) 


makes  application  for  a  licence  as  a  processor  of 
asparagus  under  the  Farm  Products  Marketing  Act. 


Dated  at    ,   this 


day  of 


19. 


(signature  of  applicant) 


(where  applicant  is  a  corporation  or 

partnership,  signature  of  person 

authorized  to  sign) 


(office) 
O.  Reg.  361/78,  Form  3. 


Reg.  344 


FARM  PRODUCTS  MARKETING 


645 


Form  4 
Farm  Products  Marketing  Act 
ANNUAL  ASPARAGUS  ACREAGE  REPORT  FOR  19..  CROP  YEAR 
PLEASE  PRINT: 
1.  NAME  AND  ADDRESS  OF  OPERATOR  (OWNER  OR  TENANT) 


Family  or  last  name  or  name  of  corporation 


Usual  first  name  and  initials  (if  an  individual) 


Address  —  P.O.  Box  No.,  R.R.  No.,  or  name  of  street  or  road 


Local  Municipality 


County  or  Regional  Municipality 


Postal  Code 


Person  Officially  Responsible  for  the  Asparagus  Patch  (es) 


2.  PLEASE  CHECK  IF  FARM  IS  OWNED 


OR  RENTED 


D 


If  rented,  please  give  the  owner's  name  and  address. 

3.  This  is  the  annual  survey  for  Assessment  of  Asparagus  acreage  within  Ontario  for  the  current  crop  year. 

Your  acreage   for  the   19..    Crop   Year  is  as  follows;   based  on   your  assessment  and/or  acreage 
measurement. 

Total  Acres  Planted  in  Asparagus  

Less :     Acreage  Exemptions  

TOTAL  ASSESSABLE  ACREAGE  

If  There  Is  No  Change,  Please  Sign  Below  and  Return. 

4.  If  your  Assessment  Does  Not  Agree  With  Your  Records,  Complete  The  Remainder  of  This  Form. 

TOTAL  ASPARAGUS  ACREAGE  ON  MAY  1,  19..   (FOR  PROCESSING  AND  FRESH 

MARKET) 


(Planted  after  May  1/..) 


Variety 

Planting 
in  19.. 

1-2 
Years 

3-4 
Years 

5-10 
Years 

Over  10 
Years 

TOTAL 

U.C.  66 

U.C.  72 

Viking 

Viking  2K 

Other 

Total 

646 


FARM  PRODUCTS  MARKETING 


Reg.  344 


ACRES  DEDUCTED 

Removed acres 

No  longer  renting acres 

Sold acres  (to  whom) 

(name) 

(address) 

Dated  at  this 


Telephone  No. 


ADDITIONAL  ACRES 

Acres  reaching  maturity 

Acres  previously  rented  out 

Acres  purchased (from  whom) 

(name) 

(address) 

day  of  19 


Signature 

O.  Reg.  361/78,  Form  4. 


Reg.  345 


FARM  PRODUCTS  MARKETING 


647 


REGULATION  345 

under  the  Farm  Products  Marketing  Act 


BEANS— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  beans.     R.R.O.  1970,  Reg.  306,  s.  I,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  3. 

3.  The  members  of  the  local  board  shall  be  deemed 
to  be  the  shareholders  and  the  directors  thereof  in 
the  exercise  of  any  of  the  powers  mentioned  in 
section  2.     R.R.O.  1970,  Reg.  306,  s.  3. 

Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Bean 
Producers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "beans"  means  white  pea-beans  and  yellow- 
eye  beans  produced  in  Ontario ; 

{b)  "producer"  means  a  person  engaged  in  the 
production  of  beans. 

3.  This  plan  applies  to  the  control  and  regulation 
in  any  or  all  respects  of  the  marketing  within 
Ontario  of  beans. 

4.  There  shall  be  a  local  board  to  be  known  as 
"The  Ontario  Bean  Producers'  Marketing  Board". 

5.  The  local  board  shall  be  composed  of  nine  pro- 
ducer-members and  the  members  in  each  district 
shall  hold  office  until  their  successors  are  elected. 

6.  Producers  are  divided  into  six  districts  as 
follows: 

1.  District  1,  comprising  the  County  of  Kent. 

2.  District  2,  comprising  the  County  of  Elgin. 

3.  District  3.  comprising  the  County  of  Mid- 
dlesex. 

4.  District  4,  comprising  the  County  of  Lamb- 
ton. 

5.  District  5,  comprising  the  County  of  Huron. 

6.  District  6,  comprising  the  County  of  Perth. 


7.  There  shaU  be  a  committee  in  each  district  to  be 
known  as  the  "District  Bean  Producers'  Committee". 

8. — (1)  The  District  Bean  Producers'  Committees 
shall  have  the  following  number  of  members: 

1.  District  1,  nine  members. 

2.  District  2,  five  members. 

3.  District  3,  five  members. 

4.  District  4,  five  members. 

5.  District  5,  twelve  members. 

6.  District  6,  five  members. 

(2)  A  producer  in  a  territorieil  district  or  in  a 
county  not  mentioned  in  section  6  may  for  the 
purposes  of  the  plan  be  deemed  to  be  a  producer  in 
the  district  nearest  to  his  place  of  production. 

9.  On  or  before  the  15th  day  of  December  in 
each  year  producers  in  each  district,  at  a  meeting 
called  by  the  local  board  for  the  purpose,  shall 
elect  from  among  themselves  the  members  of  the 
District  Bean  Producers'  Committee  for  the  district. 

10. — (1)  On  or  before  the  31st  day  of  December  in 
each  year,  the  producers  in  each  district  shall  elect 
from  among  themselves  members  to  the  local  board 
as  follows  to  hold  office  for  one  year  from  the  31st 
day  of  December  in  that  year : 

1.  District  1,  one  member. 

2.  District  2,  one  member. 

3.  District  3,  one  member. 

4.  District  4,  one  member. 

5.  District  5,  four  members. 

6.  District  6,  one  member. 

(2)  No  person  is  eligible  for  election  or  apf)oint- 
ment  from  any  district  to  the  local  board  unless 
he  is  a  producer  in  the  district,  and  in  no  case 
shall  he  be  elected  to  represent  more  than  one 
district. 

11. — (1)  At  its  first  meeting  after  their  term  of 
office  has  commenced,  the  members  elected  to  the 
local  board  shall  appoint  the  producer-members  that 
are  necessary  to  complete  the  local  board. 

(2)  Where  a  member  of  the  local  board  dies  or 
resigns  before  the  expiration  of  his  term  of  office,  the 
members  of  the  local  board  may  appoint  a  producer- 
member  for  the  unexpired  term.  R.R.O.  1970, 
Reg.  306,  Sched.;  O.  Reg.  44/71,  s.  1,  2. 


Reg.  346 


FARM  PRODUCTS  MARKETING 


649 


REGULATION  346 

under  the  Farm  Products  Marketing  Act 


BEANS  —  MARKETING 

1.  In  this  Regulation, 

(a)  "beans"  means  white  pea-beans  and  yellow- 
eye  beans  produced  in  Ontario ; 

(b)  "dealer"  means  a  person  who  buys  beans 
from  a  producer  as  an  agent  of  the  local 
board ; 

(c)  "local  board"  means  The  Ontario  Bean 
Producers'  Marketing  Board ; 

(d)  "plan"  means  The  Ontario  Bean  Producers' 
Marketing  Plan ; 

(e)  "processing"  includes  picking,  polishing, 
drying  and  canning  or  processing  with  or 
without  other  ingredients  or  processing  or 
manufacturing  articles  of  food  or  drink  in 
whole  or  in  part  from  beans ; 

(/)  "producer"  means  a  person  engaged  in  the 
production  of  beans.  R.R.O.  1970,  Reg. 
307,  s.  1. 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  marketing 
within  Ontario  of  beans,  including  the  prohibition  of 
such  marketing  in  whole  or  in  part.  R.R.O.  1970, 
Reg.  307,  s.  2. 


3.  Every  person  who  produces  and  processes  beans 
shall  forward  to  the  local  board  the  licence  fees  pay- 
able by  him  in  any  month  not  later  than  the  15th  day  of 
the  following  month.     R.R.O.  1970,  Reg.  307,  s.  5  (3). 

POWERS  OF  LOCAL  BOARD 

4. — (1)  The  Board  authorizes  the  local  board  to 
use  the  licence  fees,  service  charges,  and  other 
moneys  payable  to  it,  for  the  purposes  of  paying  the 
expenses  of  the  local  board,  carrying  out  and 
enforcing  the  Act  and  the  regulations  and  carrying 
out  the  purposes  of  the  plan.  R.R.O.  1970,  Reg. 
307,s.  7(1);0.  Reg.  45/71,s.  2. 

(2)  The  Board  authorizes  the  local  board  to  estab- 
lish a  fund  in  connection  with  the  plan  for  the 
payment  of  any  moneys  that  may  be  required  for  the 
purposes  mentioned  in  subsection  (1).  R.R.O.  1970, 
Reg.  307,  s.  7  (2). 

5.  The  Board  authorizes  the  local  board  to  prohibit 
the  marketing  of  any  grade  or  size  of  beans.  R.R.O. 
1970,  Reg.  307,  s.  8. 


6.  The   Board   delegates   to  the  local   board   the 
power, 

(a)  to  require  persons  engaged  in  producing  or 
marketing  beans  to  register  their  names, 
addresses  and  occupations  with  the  local 
board ; 

(b)  to  require  persons  engaged  in  producing  or 
marketing  beans  to  furnish  such  information 
relating  to  the  production  or  marketing  of 
beans  including  the  completing  and  filing  of 
returns,  as  the  local  board  determines; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises  and 
any  beans  of  persons  engaged  in  the 
marketing  of  beans ; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  beans  by  such  means  as  it 
considers  proper ; 

(e)  to  co-operate  with  a  marketing  board,  local 
board,  marketing  agency  of  Canada  or  of  any 
province  in  Canada  for  the  purpose  of 
marketing  beans ; 

(/)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying  out 
of  the  provisions  of  the  Act,  the  regulations 
or  the  plan.  R.R.O.  1970,  Reg.  307,  s.  9; 
O.Reg.  45/71.  s.  3(1-3). 

7.  The  Board  delegates  to  the  local  board  its  powers 
to  make  regulations  with  respect  to  beans, 

(a)  providing  for  the  licensing  of  any  or  all  per- 
sons before  commencing  or  continuing  to 
engage  in  the  producing  or  marketing  of 
beans; 

(b)  prohibiting  persons  from  engaging  in  the  pro- 
ducing or  marketing  of  beans  except  under  the 
authority  of  a  licence; 

(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by 
experience,  financial  responsibihty  and 
equipment  to  engage  in  properly  the  business 
for  which  the  application  was  made,  or  for 
any  other  reason  that  the  local  board 
considers  proper; 

{d)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew,  a  licence  for 
failure  to  observe,  perform  or  carry  out  the 
provisions  of  the  Act,  the  regulations,  the 


650 


FARM  PRODUCTS  MARKETING 


Reg.  346 


plan  or  any  order  or  direction  of  the  Board 
or  local  board; 

(e)  providing  for  the  fixing  of  licence  fees  not 
exceeding  the  rate  of  $4.40  for  each  tonne  of 
beans  payable  yearly,  half-yearly,  quarterly 
or  monthly  at  different  amounts  or  in  instal- 
ments from  any  or  all  persons  producing  or 
marketing  beans  and  the  collecting  of  the 
licence  fees  and  the  recovering  of  such  licence 
fees  by  suit  in  a  court  of  competent  jurisdic- 
tion; 

if)  requiring  any  person  who  receives  beans  to 
deduct  from  the  moneys  payable  for  the 
beans  any  licence  fees  payable  to  the  local 
board  by  the  person  from  whom  he  receives 
the  beans,  and  to  forward  such  licence  fees  to 
the  local  board; 

(g)  requiring  any  person  who  produces  and  pro- 
cesses beans  to  furnish  to  the  local  board 
statements  of  the  amount  of  beans  that  he 
produced  in  any  year  and  used  for  proces- 
sing; 

(h)  prescribing  the  form  of  licences; 

(i)  providing  for  the  exemption  from  any  or  all 
of  the  regulations,  orders  or  directions  under 
the  plan  of  any  class,  variety,  grade  or  size  of 
beans,  or  any  person  or  class  or  persons 
engaged  in  the  producing  or  marketing  of 
beans  or  any  class,  variety,  grade  or  size  of 
beans; 

(j)  requiring  the  furnishing  of  security  or  proof 
of  financial  responsibility  by  any  person 
engaged  in  the  marketing  of  beans  and  pro- 
viding for  the  administration  and  disposition 
of  any  moneys  or  securities  so  furnished; 

(k)  providing  for  the  control  and  regulation  of 
the  marketing  of  beans,  including  the  times 
and  places  at  which  beans  may  be  marketed; 

(/)  providing  for  the  control  and  regulation  of 
agreements  entered  into  by  producers  of 
beans  with  persons  engaged  in  marketing  or 
processing  beans,  and  the  prohibition  of  any 
provision  or  clause  in  such  agreements; 

(w)  requiring  any  person  who  produces  beans  to 
offer  to  sell  and  to  sell  the  beans  to  or  through 
the  local  board; 

(n)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  beans  that  have 
not  been  sold  to,  by  or  through  the  local 
board;  and 

(o)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  beans  by  or 
through  the  local  board,  and  prescribing  the 
forms  and  the  terms  and  conditions  of  such 


agreements.     R.R.O.  1970,  Reg.  307,  s.  10; 
O.  Reg.  45/71,  s.  4;  O.  Reg.  587/80,  s.  5. 

8. — (1)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  yellow-eye  beans  be 
marketed  on  a  quota  basis ; 

(b)  to  prohibit  any  person  to  whom  a  quota  has 
not  been  fixed  and  allotted  for  the  market- 
ing of  yellow-eye  beans  or  whose  quota 
has  been  cancelled  from  marketing  any 
yellow-eye  beans; 

(c)  to  prohibit  any  person  to  whom  a  quota  has 
been  fixed  and  allotted  for  the  marketing 
of  yellow-eye  beans  from  marketing  any 
yellow-eye  beans  in  excess  of  such  quota ; 
and 

(d)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  market- 
ing of  yellow-eye  beans  produced  on  lands 
in  respect  of  which  such  quota  was  fixed 
and  allotted  from  marketing  any  yellow- 
eye  beans  other  than  yellow-eye  beans 
produced  on  such  lands. 

(2)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for  the 
marketing  of  yellow-eye  beans  on  such 
basis  as  the  local  board  considers  proper; 

(6)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  the  marketing  of  yellow-eye 
beans  for  any  reason  that  the  local  board 
considers  proper; 

(c)  to  cancel  or  reduce,  or  refuse  to  increase, 
a  quota  fixed  and  allotted  to  any  person 
for  the  marketing  of  yellow-eye  beans  for 
any  reason  that  the  local  board  considers 
proper;  and 

(d)  to  permit  any  person  to  whom  a  quota  has 
been  fixed  and  allotted  for  the  marketing 
of  yellow-eye  beans  to  market  any  yellow- 
eye  beans  in  excess  of  such  quota  on  such 
terms  and  conditions  as  the  local  board 
considers  proper.    O.  Reg.  452/75,  s.  1. 


APPOINTMENT   OF  AGENTS 

9.  The  Board  authorizes  the  local  board  to  appoint 
agents,  to  prescribe  their  duties  and  terms  and  condi- 
tions of  employment  and  to  provide  for  their  remuner- 
ation.    R.R.O.  1970,  Reg.  307,  s.  11. 


MARKETING  OF  BEANS 

10. — (1)  All  beans  shall  be  marketed  by  or  through 
the  local  board. 


Reg.  346 


FARM  PRODUCTS  MARKETING 


651 


(2)  No  person  shall  market  beans  except  by  or 
through  the  local  board.  R.R.O.  1970,  Reg.  307, 
s.  12. 

1 1.  The  Board  vests  in  the  local  board  the  following 
powers: 

1.  To  direct  and  control,  by  order  or  direction, 
either  as  principal  or  agent,  the  marketing  of 
beans,  including  the  times  and  places  at 
which  beans  may  be  marketed. 

2.  To  determine  the  quantity  of  each  class, 
variety,  grade  and  size  of  beans  that  shall  be 
marketed  by  each  producer. 

3.  To  prohibit  the  marketing  of  any  class, 
variety,  grade  or  size  of  beans. 

4.  To  determine  from  time  to  time  the  price  or 
prices  that  shall  be  paid  to  producers  or 
to  the  local  board,  as  the  case  may  be,  for 
beans  or  any  class,  variety,  grade  or  size 
of  beans  and  to  determine  different  prices 
for  different  parts  of  Ontario. 

5.  To  fix  and  impose  service  charges  from  time 
to  time  for  the  marketing  of  beans. 

6.  To  require  the  price  or  prices  payable  or 
owing  to  the  producer  for  beans  to  be  paid 
to  or  through  the  local  board. 

7.  To  collect  from  any  person  by  suit  in  a  court 
of  competent  jurisdiction  the  price  or  prices 
or  any  part  thereof  of  beans. 

8.  To  purchase  or  otherwise  acquire  such 
quantity  or  quantities  of  beans  as  the  local 
board  considers  advisable  and  to  sell  or 
otherwise  dispose  of  any  beans  so  pur- 
chased or  acquired. 

9.  To  pay  from  service  charges  imposed  under 
paragraph  5  its  expenses  in  carrying  out  the 
purposes  of  the  plan. 

10.  To  pay  to  the  producers  the  price  or  prices 
for  beans  less  service  charges  imposed  under 
paragraph  5  and  to  fix  the  times  at  which 
or  within  which  such  payments  shall  be 
made.  R.R.O.  1970,  Reg.  307,  s.  13; 
O.  Reg.  45/71,  s.  5  (1-3) ;  O.  Reg.  80/72,  s.  1. 

12.  Each  payment  under  paragraph  9  of  section  11 
shall  be  accompanied  by  a  statement  showing  the 
class,  variety,  grade  or  size  and  the  number  or 
quantity  of  beans  marketed,  the  price  or  prices  paid 
and  the  particulars  of  the  service  charges  imposed 
by  it.     R.R.O.  1970,  Reg.  307.  s.  14. 


13.  The  Board  authorizes  the  local  board  to  con- 
duct a  pool  or  pools  for  the  distribution  of  all  moneys 
received  from  the  sale  of  beans  and  after  deducting 
all  necessary  and  proper  disbursements  and  expenses, 
to  distribute  the  remainder  of  the  moneys  received 
from  the  sale  in  such  manner  that  every  producer 
receives  a  share  of  the  remainder  of  the  moneys 
received  from  the  sale  in  relation  to  the  amount, 
class,  variety,  grade  or  size  of  beans  delivered 
by  him,  and  authorizes  the  local  board  to  make  an 
initial  payment  on  deUvery  of  the  beans  and 
subsequent  payments  until  all  of  the  remainder  of  the 
moneys  received  from  the  sale  is  distributed  to  the 
producers.  R.R.O.  1970,  Reg.  307,  s.  15;  O.  Reg. 
45/71,  s.  6. 


BEAN   INDUSTRY  ADVISORY  COMMITTEE 

14.  There  shall  be  an  advisory  committee  to  be 
known  as  "The  Bean  Industry*  Advisory-  Committee" 
composed  of  a  chairman  and  eight  members.  R.R.O. 
1970,  Reg.  307,  s.  16. 

15.  After  the  1st  day  of  January  and  on  or  before 
the  ISth  day  of  January  in  each  year, 

(a)  the  Board  shall  appoint  the  chairman ; 

(i)  the  local  board  shall  appoint  four  members ; 

(c)  the  dealers  shall  appoint  three  members; 
and 

{d)  The  Ontario  Food  Processors'  Association 
shall  appoint  one  member. 


to  The  Bean  Industry  Advisory  Committee. 
1970,  Reg.  307,  s.  17. 


R.R.O. 


16.  Subject  to  section  17,  the  members  of  the 
advisory'  committee  appointed  under  section  H  are 
and  remain  members  thereof  until  the  15th  day  of 
January  in  the  year  next  following  the  year  in  which 
they  were  appointed.     R.R.O.  1970,  Reg.  307,  s.  18. 

17.  Where  a  member  of  The  Bean  Industry 
Advisory  Committee  dies  or  resigns  or  is  unavailable 
to  act  before  the  expiration  of  his  term,  the  person  or 
persons  who  appointed  him  shall  appoint  a  person  for 
the  unexpired  term  of  the  member  who  died,  resigned 
or  was  unavailable  to  act.  R.R.O.  1970,  Reg.  307. 
s.  19. 

18.  Where  any  of  the  persons  referred  to  in  clauses 
IS  (a),  (fc),  (c)  and  (d)  fail  to  appoint  a  member  to  The 
Bean  Industry  Advisory  Committee  in  accordance 
with  section  IS  or  17,  the  Board  may  appoint  such 
members  as  are  necessary  to  complete  the  said  com- 
mittee.    R.R.O..  1970,  Reg.  307,  s.  20. 

19.  The  Bean  Industry  Advisory  Committee  is 
empowered  to  advise  and  make  recommendations  to 


652 


FARM  PRODUCTS  MARKETING 


Reg.  346 


the  local  board,  the  dealers  or  The  Ontario  Food 
Processors'  Association  in  respect  of  any  of  the 
following  matters ; 

1.  The  promotion  of  harmonious  relationships 
between  persons  engaged  in  the  production 
and  marketing  of  beans. 

2.  The  promotion  of  greater  efficiency  in  the 
production  and  marketing  of  beans. 

3.  The  prevention  and  correction  of  irregulari- 
ties and  inequities  in  the  marketing  of 
beans. 

4.  The  improvement  of  the  quality  and  variety 
of  beans. 

5.  The  improvement  of  the  circulation  of 
market  information  respecting  beans. 

6.  Without  limiting  the  generality  of  any  of  the 
foregoing,  any  matter  with  respect  to  which 
the  Board  or  the  local  board  may  be  em- 
powered to  make  regulations  under  the 
Act.     R.R.O.  1970,  Reg.  307.  s.  21. 


Form  1 

Farm  Products  Marketing  Act 

LICENCE  AS  A  GROWER  OF  BEANS 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof, 
this  licence  is  issued 


to. 


(name) 


of 


(address) 
to  engage  in  the  producing  of  beans. 

Issued  at  Toronto,  this day  of 19.  .  . 

The  Farm  Products  Marketing  Board: 


Chairman 


Secretary 
R.R.O.  1970,  Reg.  307.  Form  1. 


Reg.  347 


FARM  PRODUCTS  MARKETING 


653 


REGULATION  347 

under  the  Farm  Products  Marketing  Act 


BERRIES  FOR  PROCESSING— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  berries.     O.  Reg.  78/72,  s.  1,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  IS,  16,  17,  18, 
19  and  26  of  subsection  IS  (2)  and  in  sections  SO  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  4. 

3.  The  members  of  the  local  board  shall  be 
deemed  to  be  the  shareholders  and  directors  thereof 
in  the  exercise  of  the  powers  mentioned  in  section  2. 
O.  Reg.  78/72,  s.  2. 

Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Berry 
Growers'  Mar keting-f or- Processing  Plan". 

2.  In  this  plan, 

(a)  "berries"  means  strawberries  and  rasp- 
berries produced  in  Ontario  that  are  used 
by  a  processor  for  processing ; 


(b)  "processing"  means  canning,  dehydrating, 
drying,  freezing  or  processing  with  sugar  or 
sulphur  dioxide  or  any  other  chemical ; 

(c)  "processor"  means  a  person  engaged  in  the 
business  of  processing  berries ; 

(d)  "producer"  means  a  person  engaged  in  the 
production  of  berries. 

3.  This  plan  applies  to  the  regulation  and  control 
of  the  marketing  of  berries  locally  within  Ontario. 

4.  There  shall  be  a  local  board  to  be  known  as 
The  Ontario  Berry  Growers'  Marketing  Board". 

5.  The  local  board  shall  be  composed  of  eight  pro- 
ducer-members. 

6.  The  Minister  shall  appoint  the  members  of  the 
local  board  and  shall  appoint  one  of  the  members  to  be 
the  chairman  and  another  of  the  members  to  be  the 
vice-chairman  of  the  local  board. 

7.  The  Minister  may  revoke  any  appointment  made 
by  him  under  section  6. 

8.  The  terms  of  office  of  the  members  appointed 
under  section  6  shall  expire  one  year  after  the  date  of 
their  appointment.  R.R.O.  1970,  Reg.  308,  Sched.; 
O.  Reg.  439/79,  s.  1. 


Reg.  348 


FARM  PRODUCTS  MARKETING 


655 


REGULATION  348 

under  the  Farm  Products  Marketing  Act 


BERRIES  FOR  PROCESSING— MARKETING 

1.  In  this  Regulation, 

(a)  "berries"  means  strawberries  and  rasp- 
berries produced  in  Ontario  that  are  used 
by  a  processor  for  processing ; 

{b)  "local  board"  means  the  Ontario  Berry 
Growers'  Marketing  Board ; 

(c)  "plan"  means  The  Ontario  Berry  Growers' 
Marketing-for-Processing  Plan ; 

(d)  "processing"  means  canning,  dehydrating, 
drying,  freezing  or  processing  with  sugar  or 
sulphur  dioxide  or  any  other  chemical ; 

(e)  "processor"  means  a  person  engaged  in  the 
business  of  processing  berries ; 

(/)  "producer"  means  a  person  engaged  in  the 
production  of  berries.  R.R.O.  1970,  Reg. 
309,  s.  1. 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  marketing 
within  Ontario  of  berries,  including  the  prohibition 
of  such  marketing  in  whole  or  in  part.  O.  Reg.  23/72, 
s.  1. 


3. — (1)  No  person  shall  commence  or  continue  to 
engage  in  the  growing  of  berries  except  under  the 
authority  of  a  hcence  as  a  producer  of  berries  in 
Form  1. 

(2)  Every  producer  shall  be  deemed  to  be  the 
holder  of  a  licence  as  a  producer  of  berries  in 
Form  1.    R.R.O.  1970.  Reg.  309,  s.  3. 

4. — (1)  No  person  shall  commence  or  continue  to 
engage  in  the  processing  of  berries  except  under  the 
authority  of  a  licence  as  a  processor  of  berries  in 
Form  3. 

(2)  No  licence  as  a  processor  of  berries  shall  be 
issued  except  upon  application  therefor  in  Form  2. 
R.R.O.  1970,  Reg.  309,  s.  4  (1,  2). 

(3)  A  licence  as  a  processor  of  berries  expires 
with  the  31st  day  of  January  next  following  the 
date  on  which  the  hcence  is  issued.  O.  Reg.  23/72, 
s.  2. 

(4)  A  licence  shall  be  issued  to  a  processor  of 
berries  without  charge.     R.R.O.   1970.   Reg    309, 

s.  4  (4). 


5. — (1)  The  Board  may  refuse  to  grant  a  licence 
where  the  applicant  is  not  qualified  by  experience, 
financial  responsibility  and  equipment  to  engage  in 
properly  the  business  of  a  processor,  or  for  any  other 
reason  that  the  Board  considers  proper. 

(2)  The  Board  may  suspend  or  revoke  or  refuse  to 
renew  a  licence  as  a  processor  of  berries  for  failure 
to  observe,  perform  or  carry  out  the  provisions  of 
the  Act,  the  regulations,  the  plan  or  any  order  or 
direction  of  the  Board  or  local  board.  R.R.O. 
1970,  Reg.  309,  s.  5. 

6. — ( 1 )  Every  producer  shall  pay  to  the  local  board 

licence  fees  at  the  rate  of  1/10  of  a  cent  for  each 
quart  or  fraction  thereof  of  berries  delivered  to  a 
processor.     R.R.O.  1970.  Reg.  309,  s.  6  (1). 

(2)  Any  person  who  receives  berries  shall  deduct 
from  the  moneys  payable  for  the  berries  any  licence 
fees  payable  to  the  local  board  by  the  person  from 
whom  he  receives  the  berries  and  shall  forward 
such  hcence  fees  to  the  local  board  not  later  than 
the  15th  day  of  September  in  each  year.  O.  Reg. 
23/72.  s.  3.  part. 


POWERS  OF  THE  LOCAL  BOARD 

7.  The  Board  delegates  to  the  local  board  the 
power. 

(a)  to  stimulate,  increase  and  improve  the 
marketing  of  berries  by  such  means  as  it 
considers  proper; 

(b)  to  co-operate  with  a  marketing  board,  local 
board,  marketing  commission  or  marketing 
agency  of  Canada  or  of  any  province  in 
Canada  for  the  purpose  of  marketing 
berries ; 

(c)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying 
out  of  the  provisions  of  this  Act.  the 
regulations  and  the  plan.  R.R.O.  1970, 
Reg.  309,  s.  7;  O.  Reg.  23/72,  s.  4. 

8. — (1)  The  Board  authorizes  the  local  board  to 
use  any  class  of  licence  fees  and  other  moneys 
payable  to  it,  for  the  purpose  of  paying  the  expenses 
of  the  local  board,  carrying  out  and  enforcing  the 
Act  and  the  regulations  and  carrying  out  the 
purposes  of  the  Ontario  Berry  Growers'  Marketing- 
for-Processing  Plan. 


656 


FARM  PRODUCTS  MARKETING 


Reg.  348 


(2)  The  Board  authorizes  the  local  board  to 
cstabhsh  a  fund  in  connection  with  the  plan  for 
the  payment  of  any  moneys  that  may  be  required 
for  the  purposes  mentioned  in  subsection  (1).  R.R.O. 
1970,  Reg.  309,  s.  8. 

9.  The  Board  authorizes  the  local  board  to 
require  the  price  or  prices  payable  or  owing  to  the 
producers  for  berries  to  be  paid  to  or  through 
the  local  board.    R.R.O.  1970,  Reg.  309,  s.  9. 

10.  The  Board  authorizes  the  local  board  to 
prohibit  the  marketing  locally  within  Ontario  of  any 
class,  variety  or  grade  of  berries.  R.R.O.  1970, 
Reg.  309,  s.  10. 


NEGOTIATING    AGENCIES 

11. — (1)  There  shall  be  two  negotiating  agencies, 
to  be  known  as, 

(a)  "The    Negotiating    Committee    for    Rasp- 
berries"; and 

(b)  "The   Negotiating   Committee   for  Straw- 
berries". 

(2)  Each  negotiating  committee  named  in  sub- 
section (1)  shall  be  composed  of  six  persons,  three  of 
whom  shall  be  appointed  annually  by  the  local 
board  and  three  of  whom  shall  be  appointed  annually 
by  the  processors. 

(3)  The  local  board  and  the  processors  shall 
appoint  their  respective  members  to  the  negotiating 
agencies  named  in  subsection  (1)  and  shall  notify  the 
Board  in  writing  of  the  names  and  addresses  of  their 
respective  members  not  later  than  the  5th  day  of  June 
in  each  year. 

(4)  Where  the  local  board  or  the  processors  fail  to 
appoint  the  persons  required  by  subsection  (2),  the 
Board  shall  appoint  such  persons  as  are  necessary  to 
complete  the  negotiating  agency. 

(5)  Subject  to  subsection  (6),  the  members  of  the 
negotiating  agencies  appointed  under  subsection  (2) 
are  and  remain  members  until  the  1st  day  of  August  of 
the  year  in  which  the  members  were  appointed. 

(6)  Where  a  member  of  a  negotiating  agency 
dies  or  resigns  or  is  unavailable  to  act  on  any 
committee  before  the  expiration  of  his  term  of 
membership,  the  local  board  or  the  processors,  as 
the  case  may  be,  shall  appoint  a  person  for  the 
unexpired  term  of  the  member  who  died,  resigned 
or  was  unavailable  to  act. 

(7)  Where  the  local  board  or  the  processors  fail  to 
make  an  appointment  under  subsection  (6)  within 
seven  days  after  a  vacancy  occurs,  the  Board  may 
appoint  such  persons  as  are  necessary  to  complete  the 
negotiating  agency.     R.R.O.  1970,  Reg.  309,  s.  11. 


12.  Each  negotiating  agency  named  in  subsection 
11  (1)  is  empowered  to  adopt  or  settle  by  agreement  in 
respect  of  berries, 

(a)  minimum  prices  for  strawberries  or  rfisp- 
berries,  as  the  case  may  be,  or  for  any 
class,  variety,  grade  or  size  thereof ; 

(b)  terms,  conditions  and  forms  of  agreements 
relating  to  the  producing  or  marketing  of 
strawberries  or  raspberries,  as  the  case  may 
be;  and 

(c)  any  charges,  costs  or  expenses  relating  to 
the  production  or  marketing  of  strawberries 
or  raspberries,  as  the  case  may  be.  R.R.O. 
1970,  Reg.  309.  s.  12. 

13.  A  meeting  of  a  negotiating  agency  may  be 
convened  by  a  notice  in  writing  given  by  the  three 
members  of  the  negotiating  agency  appointed  by  the 
local  board,  or  by  the  processors,  to  the  other 
members  of  the  negotiating  agency  at  least  seven 
days,  but  not  more  than  ten  days,  before  the  date 
of  the  meeting  stating  the  time  and  place  of  the 
meeting.    R.R.O.  1970.  Reg.  309.  s.  13. 

ARBITRATION 

14. — ( 1 )  Where  a  meeting  of  the  negotiating  agency 
is  not  held  in  accordance  with  the  notice  required 
by  section  13,  or  where  a  meeting  is  held  and  the 
negotiating  agency  does  not  arrive  at  an  agreement 
respecting  all  matters  that  it  is  empowered  to  adopt 
or  settle  by  agreement, 

(a)  in  the  case  of  strawberries,  on  or  before  the 
5th  day  of  June ;  or 

(b)  in  the  case  of  raspberries,  on  or  before  the 
20th  day  of  June, 

the   matters   in   dispute   shall   be   referred   by   the 
Board  to  an  Arbitration  Board. 

(2)  Where  the  negotiating  agency  decides, 

(a)  in  the  case  of  strawberries,  on  or  before  the 
5th  day  of  June;  or 

(b)  in  the  case  of  raspberries,  on  or  before  the 
20th  day  of  June, 

in  any  year  that  agreement  cannot  be  reached,  it 
shall  so  notify  the  Board. 

(3)  Where  a  negotiating  agency  does  not  arrive  at 
an  agreement  on  all  matters  that  it  is  empowered  to 
adopt  or  settle  by  agreement,  it  may  submit  in 
writing  to  the  Board  a  statement  or  statements  of 
the  matters  in  dispute.  R.R.O.  1970,  Reg.  309.  s.  14. 

15. — (1)  The  Arbitration  Board  shall  be  composed 
of  three  members. 


Reg.  348 


FARM  PRODUCTS  MARKETING 


657 


(2)  One  member  may  be  appointed  by  the  three 
members  of  the  negotiating  agency  appointed  by 
the  local  board  and  one  other  member  may  be 
appointed  by  the  three  members  of  the  negotiating 
agency  appointed  by  the  processors. 

(3)  Where  two  members  are  appointed  to  the  Arbi- 
tration Board  in  accordance  with  subsection  (2),  the 
two  members  so  appointed  may  appoint  a  third 
member  to  the  Arbitration  Board,  but,  where  the  two 
members  fail  to  agree  on  the  third  member  within 
seven  days  after  the  date  mentioned  in  clause  14  (2)  (a) 
or  (b),  in  any  year,  the  Board  shall  appoint  the  third 
member. 

(4)  Where  the  three  members  of  the  negotiating 
agency  appointed  by  the  local  board,  or  the  three 
members  of  the  negotiating  agency  appointed  by  the 
processors,  fail  to  appoint  a  member  to  the  Arbitration 
Board  in  accordance  with  subsection  (2)  within  seven 
days  after  the  date  mentioned  in  clause  14  (2)  (a)  or  (b), 
the  Board  shall  appoint  such  members  as  are  necessary 
to  complete  the  Arbitration  Board. 

(5)  The  Board  shall  submit  to  the  Arbitration  Board 
any  statement  or  statements  of  the  matters  in  dispute 
received  from  a  negotiating  agency  under  subsection 
14  (3). 

(6)  The  Arbitration  Board  shall  meet  forthwith 
after  the  appointment  of  the  three  members  thereof 
and  shall  make  an  award  in  respect  of  the  matters 
referred  to  it,  or  all  matters  that  the  negotiating 
agency  is  empowered  to  adopt  or  settle  by  agree- 
ment, as  the  case  may  be.  R.R.O.  1970,  Reg. 
309,  s.  15. 

Form  1 

Farm  Products  Marketing  Act 

LICENCE  AS  A  PRODUCER  OF  BERRIES 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued 


to. 


(name) 


of. 


(address) 
to  engage  in  the  growing  of  berries. 

This  licence  expires  with  the  31st  day  of  March 
next  following  the  date  of  issue. 

Issued  at  Toronto,  this. .  .  .day  of 19. . . . 

The  Farm  Products  Marketing  Board: 

Chairman 

Secretary 
R.R.O.  1970,  Reg.  309,  Form  1. 


Form  2 

Farm  Products  Marketing  Act 

APPLICATION  FOR  LICENCE 
AS  A  PROCESSOR  OF  BERRIES 

To:  The  Farm  Products  Marketing  Board: 
(name  of  applicant) 

(address) 

makes  application  for  a  licence  as  a  processor  of  berries 
under  the  Farm  Products  Marketing  Act. 

Dated  at this day  of 19 ...  . 

(signature  of  applicant) 


(where  applicant  is  a  cor- 
poration or  partnership,  sig- 
nature of  person  authorized 
to  sign) 

(office) 
R.R.O.  1970,  Reg.  309,  Form  2. 

Form  3 

Farm  Products  Marketing  Act 

LICENCE  AS  A  PROCESSOR  OF  BERRIES 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued 

to 

(name) 

(address) 

to  engage  in  the  processing  of  berries. 

This  licence  expires  with  the  31st  day  of  January 
next  following  the  date  of  issue. 

Issued  at  Toronto,  this  .  .  .  .day  of ,  19  .  . . 

The  Farm  Products  Marketing  Board: 

Chairman 

Secretary 
0.  Reg.  23/72.  s.  5. 


Reg.  349 


FARM  PRODUCTS  MARKETING 


659 


REGULATION  349 


under  the  Farm  Products  Marketing  Act 


BROILER  CHICKEN'S  AXD 
ROASTER  CHICKENS— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  producing  and  marketing 
within  Ontario  of  broiler  chickens  and  roaster  chick- 
ens.    O.  Reg.  39/78,  s.  1,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  5. 

3.  The  members  of  the  local  board  shall  be  deemed 
to  be  the  shareholders  and  the  directors  thereof  in  the 
exercise  of  any  of  the  powers  mentioned  in  section  2. 
R.R.O.  1970,  Reg.  310.  s.  3. 

Schedule 

Farm  Products  Marketing  Act 

PLAN 

1 .  This  plan  may  be  cited  as  "The  Ontario  Chicken 
Producers'  Marketing  Plan  ". 

2.  In  this  plan, 

(a)  "broiler  chicken"  means  a  chicken  or  any 
class  or  part  thereof  produced  from  the  egg 
of  a  domestic  hen  where  the  live  chicken 
weighs  five  and  one-half  pounds  or  less; 

(b)  "processing"  means  the  slaughtering  of 
broiler  chickens  or  roaster  chickens; 

(c)  "processor"  means  a  person  who  processes 
broiler  chickens  or  roaster  chickens ; 


(d)  "producer"  means  a  person  engaged  in  the 
production  of  broiler  chickens  or  roaster 
chickens ; 

(e)  "roaster  chicken"  means  a  chicken  or  any 
class  or  part  thereof  produced  from  the  egg 
of  a  domestic  hen  where  the  live  chicken 
weighs  more  than  five  and  one-half  pounds. 

3.  For  the  purpose  of  electing  producer-representa- 
tives to  the  District  Chicken  Producers'  Committee 
and  eHgibility  for  membership  in  a  District  Chicken 
Producers'  Committee  or  the  local  board,  a  producer 
is  the  owner  of  a  prop)erty  on  which  broiler  chickens 
or    roaster    chickens    are    produced    other    than    a 


property  rented  to  a  tenant  who  produces  and 
markets  broiler  chickens  or  roaster  chickens  on  his 
own  account,  in  which  case  the  producer  during  the 
currency  of  his  lease,  is  the  tenant,  and, 

(a)  where  the  producer  is  a  corporation,  the 
person,  if  any,  designated  in  writing  in 
respect  of  that  property  by  the  corporation 
shall  be  deemed  to  be  the  producer ; 

(b)  where  the  producer  is  a  firm  or  partnership 
or  one  or  more  persons  carrying  on  the 
production  and  marketing  under  a  trade 
name,  farm  name  or  other  designation,  the 
person,  if  any,  designated  in  writing  in 
respect  of  that  property  by  the  owner  or 
owners  shall  be  deemed  to  be  the  producer; 
and 

(c)  where  the  producer  is  comprised  of  two  or 
more  jsersons  who  are  joint  owners,  the  one  of 
such  joint  owners  who  first  presents  himself 
to  register  the  vote  in  respect  of  that 
property  shall  be  deemed  to  be  the  producer. 

4.  This  plan  provides  for  the  control  and  regulation 
in  any  or  all  respects  of  the  producing  and  marketing 
within  Ontario  of  broiler  chickens  and  roaster 
chickens,  including  the  prohibition  of  such  producing 
and  marketing  in  whole  or  in  part. 

5.  There  shall  be  a  local  board  to  be  known  as  "The 
Ontario  Chicken  Producers'  Marketing  Board". 

6.  The  local  board  shall  be  composed  of  ten 
produrii -members. 

7.  Producers  are  divided  into  nine  districts  as 
follows: 

1.  District  1,  comprising  the  counties  of 
Bruce,  Dufferin  and  Grey.  The  District 
Municipality  of  Muskoka  and  the  County  of 
Simcoe  other  than  the  townships  of  West 
Gwillimbury  and  Innisfil. 

2.  District  2,  comprising  the  counties  of  Huron 
and  Perth. 

3.  District  3,  comprising  the  counties  of  Elgin, 
Essex,  Kent,  Lambton,  Middlesex  and 
Oxford. 

4.  District  4,  comprising  The  Regional  Munici- 
pality of  Haldimand-Norfolk. 

5.  District  5,  comprising  The  Regional  Munici- 
pality of  Niagara. 


660 


FARM  PRODUCTS  MARKETING 


Reg.  349 


6.  District  6,  comprising  the  County  of  Brant 
and  the  regional  municipalities  of  Halton  and 
Hamilton-Wentworth. 

7.  District  7,  comprising  the  County  of  Wel- 
lington and  The  Regional  Municipality  of 
Waterloo. 

8.  District  8,  comprising  the  County  of  York  as 
it  existed  on  the  31st  day  of  December,  1970, 
the  townships  of  West  Gwillimbury  and 
Innisfil  in  the  County  of  Simcoe,  that  part  of 
The  Regional  Municipality  of  Durham  that 
on  the  31st  day  of  December,  1973  was  the 
County  of  Ontario,  and  The  Regional 
Municipality  of  Peel. 

9.  District  9,  comprising  the  counties  of  Dun- 
das,  Krontenac,  Glengarry,  Grenville, 
Hastings,  Lanark,  Lennox  and  Addington, 
Northumberland,  Peterborough,  Prescott, 
Prince  Edward,  Renfrew,  Russell,  Stormont 
and  Victoria,  The  Regional  Municipality  of 
Ottawa-Carleton,  the  Provisional  County  of 
Haliburton,  and  that  part  of  The  Regional 
Municipality  of  Durham  that  on  the  31st  day 
of  December,  1973,  was  the  County  of 
Durham. 

8. — (1)  The  producers  in  each  district  mentioned 
in  section  7  form  a  district  group  of  producers. 

(2)  A  producer  in  a  territorial  district  or  county 
not  included  in  a  district  mentioned  in  section  7  may 
become  a  member  of  the  district  group  of  producers 
nearest  to  his  place  of  production. 

9. — (1)  There  shall  be  a  committee  of  not  less  than 
four  producer-members  in  each  district  to  be  known 
as  the  "District  Chicken  Producers'  Committee". 

(2)  Subject  to  subsection  (1),  the  number  of 
producer-member  representatives  comprising  each 
District  Chicken  Producers'  Committee  shall  be 
determined  on  the  basis  of  one  producer-member 
representative  for  every  twenty  producers  or  part 
thereof  in  the  district  at  the  time  of  the  election 
referred  to  in  section   10. 

10. — (1)  The  producers  in  each  district  shall  elect 
from  their  members  representatives  to  each  District 
Chicken  Producers'  Committee,  one  of  whom  shall  be 
a  producer  of  roaster  chickens,  and  one  representative 
from  each  district  to  the  local  board. 

(2)  Those  persons  elected  from  Districts  1,  2,  3,  4 
and  5  under  subsection  (1)  on  or  before  the  1st  day  of 
May  in  1980  shall  hold  office  for  two  years  from  the  1st 
day  of  May,  1980  and  those  persons  elected  from  Dis- 


tricts 6,  7,  8  and  9  under  subsection  (1)  on  or  before  the 
1st  day  of  May  in  1980  shall  hold  office  for  one  year 
from  the  1st  day  of  May,  1980. 

(3)  On  or  before  the  1st  day  of  May  in  1981  and  in 
every  second  year  thereafter,  the  producers  in  Districts 
6,  7,  8  and  9  shall  elect  from  their  members  representa- 
tives to  each  District  Chicken  Procuders'  Committee, 
one  of  whom  shall  be  a  producer  of  roaster  chickens, 
and  one  representative  from  each  such  district  to  the 
local  board,  to  hold  office  for  a  period  of  two  years  from 
the  1st  day  of  May. 

(4)  On  or  before  the  1st  day  of  May  in  1982  and  in 
every  second  year  thereafter,  the  producers  in  Districts 
1,  2,  3,  4  and  5  shall  elect  from  their  members  rep- 
resentatives to  each  District  Chicken  Producers'  Com- 
mittee, one  of  whom  shall  be  a  producer  of  roaster 
chickens,  and  one  representative  from  each  such  dis- 
trict to  the  local  board,  to  hold  office  for  a  period  of  two 
years  from  the  1st  day  of  May. 

(5)  No  person  is  eligible  for  election  to  the  local 
board  who  has  not  been  elected  a  representative  to 
the  District  Chicken  Producers'  Committee  for  the 
same  term  as  that  for  which  he  is  proposed  to  be 
elected  to  the  local  board. 

(6)  No  person  is  eligible  for  election  from  any 
district  to  the  local  board  unless  he  resides  within  the 
district. 

1 1 . — ( 1 )  Where  the  producers  in  any  district  fail  to 
elect  a  representative  to  the  local  board  in  accordance 
with  the  provisions  of  section  10,  the  members  of 
the  local  board  shall,  at  its  first  meeting  after  the 
1st  day  of  May,  appoint  such  producer-members  as  are 
necessary  to  complete  the  local  board. 

(2)  When  a  member  elected  or  appointed  to  the 
local  board  dies  or  resigns  before  his  term  has  expired, 
the  members  of  the  local  board  may  appoint  a  pro- 
ducer-member for  the  unexpired  term. 

(3)  Each  producer-member  appointed  as  a  member 
to  the  local  board  under  subsection  (1)  or  (2)  shall  be  a 
producer  in  the  district  for  which  he  is  appointed. 

(4)  Where  the  members  of  the  local  board  fail  to 
appoint  a  person  for  the  unexpired  term  of  a  member 
under  subsection  (2)  within  seven  days  from  the  death 
or  resignation  of  the  member,  the  Board  may  appoint 
a   person   for   the   unexpired  term. 

12.  In  each  year  the  local  board  shall  appoint  one 
board  member  at  large  from  among  those  commit- 
teemen who  are  producers  of  roaster  chickens. 
R.R.O.  1970,  Reg.  310,  Sched.;  O.  Reg.  53/72, 
ss.  1-3;  O.  Reg.  462/72,  ss.  3-12;  O.  Reg.  39/78,  s.  2; 
O.  Reg.  836/79,  ss.  1,2,  revised. 


Reg.  350 


FARM  PRODUCTS  MARKETING 


661 


REGULATION  350 


under  the  Farm  Products  Marketing  Act 


BROILER  CHICKENS  AND  ROASTER 
CHICKENS— MARKETING 

1.  In  this  Regulation, 

(a)  "broiler  chicken"  means  a  chicken  or  any 
class  or  part  thereof  produced  from  the  egg 
of  a  domestic  hen  where  the  live  chicken 
weighs  five  and  one-half  pounds  or  less; 

{b)  "local  board"  means  The  Ontario  Chicken 
Producers'  Marketing  Board ; 

(c)  "plan"  means  The  Ontario  Chicken  Pro- 
ducers' Marketing  Plan; 

(d)  "processing"  means  the  slaughter  of  broiler 
chickens  or  roaster  chickens ; 

(e)  "processor"  means  a  person  who  processes 
broiler  chickens  or  roaster  chickens; 

(/)  "producer"  means  a  person  engaged  in  the 
production  of  broiler  chickens  or  roaster 
chickens ; 

(g)  "roaster  chicken"  means  a  chicken  or  any 
class  or  part  thereof  produced  from  the  egg 
of  a  domestic  hen  where  the  live  chicken 
weighs  more  than  five  and  one-half  pounds. 
O.  Reg.  463/72,  s.  2. 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  producing  and 
marketing  within  Ontario  of  broiler  chickens  and 
roaster  chickens,  including  the  prohibition  of  such 
producing  and  marketing  in  whole  or  in  part. 
O.  Reg.  40/78,  s.  1. 

3.  The  Board  exempts  from  this  Regulation  a 
broiler  chicken  or  a  roaster  chicken  where  the 
live  chicken  is  more  than  six  months  of  age.  O.  Reg. 
463/72.  s.  4. 

POWERS   OF   LOCAL    BOARD 

4.  The  Board  delegates  to  the  local  board  the 
power, 

(a)  to  require  persons  engaged  in  producing 
or  marketing  broiler  chickens  or  roaster 
chickens  to  register  their  names,  addresses 
and  occupations  with  the  local  board ; 

(6)  to  require  jjersons  engaged  in  producing 
or  marketing  broiler  chickens  or  roaster 
chickens  to  furnish  such  information  re- 
lating to  the  production  or  marketing  of 


broiler  chickens  or  roaster  chickens,  in- 
cluding the  completing  and  fiUng  of  returns, 
as  the  local  board  determines ; 

(c)  to  appoint  persons  to, 

(i)  inspect  the  books,  records,  documents, 
lands  and  premises  and  any  broiler 
chickens  or  roaster  chickens  of  persons 
engaged  in  producing  or  marketing 
broiler  chickens  or  roaster  chickens, 
and 

(ii)  enter  on  lands  or  premises  used  for  the 
producing  of  broiler  chickens  or  roas- 
ter chickens  and  perform  a  count  of 
broiler  chickens  or  roaster  chickens; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  broiler  chickens  and  roaster 
chickens  by  such  means  as  it  considers 
proper ; 

(e)  to  co-operate  with  a  marketing  board, 
local  board,  marketing  commission  or 
marketing  agency  of  Canada  or  of  any 
province  in  Canada  for  the  purpose  of 
marketing  broiler  chickens  or  roaster 
chickens ; 

(/)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying 
out  of  the  provisions  of  the  Act,  the 
regulations  and  the  plan.  R.R.O.  1970, 
Reg.  311,  s.  4;  O.  Reg.  463/72,  s.  5; 
O.  Reg.  538/79,  s.  1. 

5.  The  Board  delegates  to  the  local  board  its 
powers  to  make  regulations  with  respect  to  broiler 
chickens  and  roaster  chickens. 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 
to  engage  in  the  producing,  marketing  or 
processing  of  broiler  chickens  or  roaster 
chickens ; 

(b)  prohibiting  persons  from  engaging  in  the 
producing,  marketing  or  processing  of 
broiler  chickens  or  roaster  chickens  except 
under  the  authority  of  a  licence; 

(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by  ex- 
perience, financial  responsibility  and  equip- 
ment to  engage  in  properly  the  business  for 
which  the  application  was  made,  or  for 


662 


FARM  PRODUCTS  MARKETING 


Reg.  350 


any    other    reason    that    the    local    board 
considers  proper ; 

(d)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew,  a  licence  for 
failure  to  observe,  perform  or  carry  out  the 
provisions  of  the  Act,  the  regulations, 
the  plan  or  any  order  or  direction  of  the 
Board  or  local  board ; 

{e)  prescribing  the  form  of  licences; 

(/)  subject  to  section  3,  providing  for  the 
exemption  from  any  or  all  of  the  regula- 
tions, orders  or  directions  under  the  plan 
of  any  class,  variety,  grade  or  size  of 
broiler  chickens  or  roaster  chickens,  or  any 
person  or  class  of  persons  engaged  in  the 
producing  or  marketing  of  broiler  chickens 
or  roaster  chickens  or  any  class,  variety, 
grade  or  size  of  broiler  chickens  or  roaster 
chickens ; 

(g)  subject  to  section  8,  providing  for  the 
fixing  of  licence  fees  payable  yearly,  half 
yearly,  quarterly  or  monthly  at  different 
amounts  or  in  instalments  from  any  or  all 
persons  producing  or  marketing  broiler 
chickens  or  roaster  chickens  and  the 
collecting  of  the  licence  fees  and  the 
recovering  of  such  licence  fees  by  suit  in  a 
court  of  competent  jurisdiction; 

(A)  requiring  any  person  who  receives  broiler 
chickens  or  roaster  chickens  to  deduct 
from  the  moneys  payable  for  the  broiler 
chickens  or  roaster  chickens  any  licence 
fees  payable  to  the  local  board  by  the 
person  from  whom  he  receives  the  broiler 
chickens  or  roaster  chickens,  and  to  forward 
such  licence  fees  to  the  local  board ; 

(i)  requiring  the  furnishing  of  security  or 
proof  of  financial  responsibility  by  any 
person  engaged  in  the  marketing  of  broiler 
chickens  or  roaster  chickens  and  providing 
for  the  administration  and  disposition  of 
any  moneys  or  securities  so  furnished ; 

ij)  providing  for  the  control  and  regulation 
of  the  marketing  of  broiler  chickens  and 
roaster  chickens,  including  the  times  and 
places  at  which  broiler  chickens  and 
roaster  chickens  may  be  marketed ; 

(k)  providing  for  the  control  and  regulation 
of  agreements  entered  into  by  producers 
of  broiler  chickens  or  roaster  chickens  with 
persons  engaged  in  marketing  or  processing 
broiler  chickens  or  roaster  chickens,  and  the 
prohibition  of  any  provision  or  clause  in 
such  agreements ; 

(/)  requiring  any  person  who  produces  broiler 
chickens  or  roaster  chickens  to  offer  to  sell 


and  to  sell  the  broiler  chickens  or  roaster 
chickens  through  the  local  board ; 

(m)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  broiler  chickens 
or  roaster  chickens  that  have  not  been 
sold  by  or  through  the  local  board ; 

(n)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  broiler  chickens 
or  roaster  chickens  by  or  through  the  local 
board,  and  prescribing  the  terms  and 
conditions    of    such    agreements;    and 

io)  providing  for  the  making  of  such  orders  and 
the  issuing  of  such  directions  as  are 
necessary  to  enforce  the  due  observance 
and  carrying  out  of  the  provisions  of  the 
Act,  the  regulations,  the  plan  or  any  order 
or  direction  of  the  local  board.  R.R.O. 
1970,  Reg.  311.  s.  5;  O.  Reg.  463/72. 
s.  6;  O.  Reg.  592/72,  s.  1 ;  O.  Reg.  128/75, 
s.  1;0.  Reg.  352/76,  s.  1. 

6. — (1)  All  broiler  chickens  and  roaster  chickens 
shall  be  marketed  through  the  local  board. 

(2)  No  person  shall  market  broiler  chickens  or 
roaster  chickens  except  through  the  local  board. 
O.  Reg.  463/72,  s.  8. 

7.  The  Board  vests  in  the  local  board  the  following 
powers: 

1 .  To  direct  and  control  by  order  or  direction, 
either  as  principal  or  agent,  the  marketing 
of  broiler  chickens  and  roaster  chickens, 
including  the  times  and  places  at  which 
broiler  chickens  or  roaster  chickens  may  be 
marketed. 

2.  To  prohibit  the  marketing  of  any  class, 
variety,  grade  or  size  of  broiler  chickens 
or  roaster  chickens. 

3.  To  determine  from  time  to  time  the  price 
or  prices  that  shall  be  paid  to  producers 
or  to  the  local  board,  as  the  case  may  be, 
for  broiler  chickens  and  roaster  chickens  or 
any  class,  variety,  grade  or  size  of  broiler 
chickens  and  roaster  chickens  and  to 
determine  different  prices  for  different 
parts  of  Ontario. 

4.  To  fix  and  impose  service  charges  from 
time  to  time  for  the  marketing  of  broiler 
chickens  and  roaster  chickens. 

5.  To  purchase  or  otherwise  acquire  such 
quantity  or  quantities  of  broiler  chickens 
and  roaster  chickens  as  the  local  board 
considers  advisable  and  to  sell  or  other- 
wise dispose  of  any  broiler  chickens  and 
roaster  chickens  so  purchased  or  acquired. 
O.  Reg.  463/72,  s.  9. 


Reg.  350 


FARM  PRODUCTS  MARKETING 


663 


8.  Where  the  local  board  licenses  producers 
before  commencing  or  continuing  to  engage  in  the 
producing  or  marketing  of  broiler  chickens  or 
roaster  chickens,  the  licence  fees  shall  not  exceed 
amounts  at  the  rate  of  two-tenths  of  a  cent  for  each 
pound  of  broiler  chickens  or  roaster  chickens  sold 
by  them.     O.  Reg.  128  /75,  s.  3. 

9. — (1)  Any  person  who  produces  and  processes 
broiler  chickens  or  roaster  chickens  shall,  not  later 
than  the  31st  day  of  January  in  any  year,  furnish 
to  the  local  board  a  statement  of  the  amount  of 
broiler  chickens  or  roaster  chickens  he  produced 
and  used  for  processing  in  the  preceding  year. 
O.  Reg.  463/72,  s.  12,  part. 

(2)  Any  person  who  produces  and  processes  broiler 
chickens  or  roaster  chickens  shall  pay  licence  fees 
monthly  to  the  local  board  in  the  same  amounts  as 
are  prescribed  by  the  local  board  under  clause  5  (g )  for 
every  pound  of  broiler  chickens  or  roaster  chickens 
produced  and  processed  by  him.  O.  Reg.  128/75, 
s.  4. 

(3)  Any  person  who  produces  and  processes 
broiler  chickens  or  roaster  chickens  shall  forward  to 
the  local  board  the  licence  fees  payable  by  him  in 
any  month  not  later  than  the  15th  day  of  the 
following  month.     O.  Reg   463/72,  s.  12,  part. 

10.  The  local  board  may  recover  from  any  person 
by  suit  in  a  court  of  competent  jurisdiction  any  licence 
fees  payable  to  the  local  board.  R.R.O.  1970, 
Reg.  311,  s.  12. 

11. — (1)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  broiler  chickens  be  marketed 
on  a  quota  basis ; 

(b)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
marketing  of  broiler  chickens  or  whose 
quota  has  been  cancelled  from  marketing 
any  broiler  chickens ; 

(c)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  marketing 
of  broiler  chickens  from  marketing  any 
broiler  chickens  in  excess  of  such  quota; 
and 

{d)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  marketing 
of  broiler  chickens  produced  on  lands  or 
premises  in  respect  of  which  such  quota 
was  fixed  and  allotted  from  marketing  any 
broiler  chickens  other  than  broiler  chickens 
produced    on    such    lands    or    premises. 

(2)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for  the 
marketing  of  broiler  chickens  on  such  basis 
as  the  local  board  considers  proper ; 


(b)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  the  marketing  of  broiler  chickens 
for  any  reason  that  the  local  board  con- 
siders proper ;  and 

(c)  to  cancel  or  reduce,  or  refuse  to  increase,  a 
quota  fixed  and  allotted  to  any  person  for 
the  marketing  of  broiler  chickens  for  any 
reason  that  the  local  board  considers 
proj)er. 

(3)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  roaster  chickens  be  marketed 
on  a  quota  basis; 

(b)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
marketing  of  roaster  chickens  or  whose 
quota  has  been  cancelled  from  marketing 
any  roaster  chickens ; 

(c)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  marketing 
of  roaster  chickens  from  marketing  any 
roaster  chickens  in  excess  of  such  quota; 
and 

(d)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  marketing 
of  roaster  chickens  produced  on  lands  or 
premises  in  respect  of  which  such  quota 
was  fixed  and  allotted  from  marketing  any 
roaster  chickens  other  than  roaster  chickens 
produced  on  such  lands  or  premises. 

(4)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for  the 
marketing  of  roaster  chickens  on  such 
basis  as  the  local  board  considers  proper; 

(b)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  the  marketing  of  roaster  chickens 
for  any  reason  that  the  local  board  con- 
siders proper ;  and 

(c)  to  cancel  or  reduce,  or  refuse  to  increase,  a 
quota  fixed  and  allotted  to  any  person  for 
the  marketing  of  roaster  chickens  for  any 
reason  that  the  local  board  considers 
proper.     O.  Reg.  592/72,  s.  4,  part. 

QUOTAS 

12. — (1)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  broiler  chickens  be  produced 
on  a  quota  basis; 

(b)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
producing  of  broiler  chickens  or  whose 
quota  has  been  cancelled  from  producing 
any  broiler  chickens; 


664 


FARM  PRODUCTS  MARKETING 


Reg.  350 


(c)  to  prohibit  any  person  to  whom  a  quota  has 
been  fixed  and  allotted  for  the  production  of 
broiler  chickens  from  producing  any  broiler 
chickens  in  excess  of  such  quota;  and 

(d)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  producing 
of  broiler  chickens  on  lands  or  premises  in 
respect  of  which  such  quota  was  fixed  and 
allotted  from  producing  any  broiler  chickens 
other  than  broiler  chickens  produced  on 
such  lands  and  premises. 

(2)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for  the 
producing  of  broiler  chickens  on  such  basis 
as  the  local  board  considers  proper; 

(b)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  the  producing  of  broiler  chickens 
for  any  reason  that  the  local  board  considers 
proper ; 

(c)  to  cancel  or  reduce,  or  refuse  to  increase,  a 
quota  fixed  and  allotted  to  any  person  for 
producing  broiler  chickens  for  any  reason 
that  the  local  board  considers  proper,  and, 
without  limiting  the  generality  of  the 
foregoing,  to  cancel  or  reduce  any  such 
quota  as  a  penalty  where  the  local  board 
believes  on  reasonable  grounds  that  the 
person  to  whom  the  quota  was  fixed  and 
allotted  has  contravened  any  provisions  of 
the  Act  or  the  regulations ;  and 

(d)  to  permit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  producing 
of  broiler  chickens  to  produce  any  broiler 
chickens  in  excess  of  such  quota  on  such 
terms  and  conditions  as  the  local  board 
considers  proper. 

(3)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  roaster  chickens  be  pro- 
duced on  a  quota  basis ; 

{b)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
producing  of  roaster  chickens  or  whose 
quota  has  been  cancelled  from  producing 
any  roaster  chickens ; 

(c)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  pro- 
ducing of  roaster  chickens  from  producing 
any  roaster  chickens  in  excess  of  such 
quota;  and 

(d)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  pro- 
ducing of  roaster  chickens  on  lands  or 
premises  in  respect  of  which  such  quota 
was  fixed  and  allotted  from  producing  any 


roaster  chickens  other  than  roaster  chickens 
produced  on  such  lands  and  premises. 

(4)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for  the 
producing  of  roaster  chickens  on  such  basis 
as  the  local  board  considers  proper; 

(b)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  the  producing  of  roaster  chickens 
for  any  reason  that  the  local  board  con- 
siders proper; 

(c)  to  cancel  or  reduce  or  refuse  to  increase, 
a  quota  fixed  and  allotted  to  any  person 
for  producing  roaster  chickens  for  any 
reason  that  the  local  board  considers  proper , 
and,  without  Hmiting  the  generality  of  the 
foregoing,  to  cancel  or  reduce  any  such 
quota  as  a  penalty  where  the  local  board 
believes  on  reasonable  grounds  that  the 
person  to  whom  the  quota  was  fixed  and 
allotted  has  contravened  any  provision 
of  the  Act  or  the  regulations ;  and 

{d)  to  permit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  pro- 
ducing of  roaster  chickens  to  produce  any 
roaster  chickens  in  excess  of  such  quota 
on  such  terms  and  conditions  as  the  local 
board  considers  proper.  O.  Reg.  40/78, 
s.  2. 

13. — (1)  The  Board  authorizes  the  local  board  to 
use  any  class  of  hcence  fees,  service  charges  and 
other  moneys  payable  to  it,  for  the  purpose  of 
paying  the  expenses  of  the  local  board,  carrying  out 
and  enforcing  the  Act  and  the  regulations  and 
carrying  out   the  purposes  of  the  plan. 

(2)  The  Board  authorizes  the  local  board  to 
establish  a  fund  in  connection  with  the  plan  for  the 
payment  of  any  moneys  that  may  be  required  for  the 
purposes  mentioned  in  subsection  (1).  R.R.O.  1970, 
Reg.  311,  s.  13. 

ADVISORY  COMMITTEES 

14. — (1)  There  shall  be  a  committee  to  be  known 
as  "The  Chicken  Processors'  Advisory  Committee". 

(2)  The  Chicken  Processors'  Advisory  Committee 
shall  be  composed  of  persons  representing  the 
members  of  the  Ontario  Poultry  Processors  As- 
sociation. 

(3)  Each  member  of  the  Ontario  Poultry  Pro- 
cessors Association  is  entitled  to  appoint  one 
person  to  be  a  member  of  The  Chicken  Processors' 
Advisory  Committee. 

(4)  The  members  of  The  Chicken  Processors' 
Advisory  Committee  may  elect  from  among  them- 
selves one  member  to  be  chairman. 


Reg.  350 


FARM  PRODUCTS  MARKETING 


665 


(5)  Each  member  of  The  Chicken  Processors' 
Advisory  Committee  holds  office  until  his  successor 
is  appointed  or  until  the  person  he  represents 
ceases  to  be  a  member  of  the  Ontario  Poultry 
Processors  Association. 

(6)  The  Chicken  Processors'  Advisory  Committee 
may  make  recommendations  to  the  members  of  the 
Ontario  Poultry  Processors  Association  in  respect 
of, 

(a)  the  promotion  of  harmonious  relation- 
ships between  persons  engaged  in  the 
production  and  marketing  of  broiler 
chickens  and  roaster  chickens ; 

(b)  the  promotion  of  greater  eflficiency  in  the 
production  and  marketing  of  broiler 
chickens  and  roaster  chickens ; 

(c)  the  prevention  and  correction  of  irregu- 
larities and  inequities  in  the  marketing 
of  broiler  chickens  and  roaster  chickens ; 

(d)  the  improvement  of  the  quality  and  variety 
of  broiler  chickens  and  roaster  chickens ; 

(e)  the  improvement  of  the  circulation  of 
market  information  respecting  broiler 
chickens  and  roaster  chickens ; 

(/)  without  hmiting  the  generality  of  any  of 
the  foregoing,  any  matter  with  respect  to 
which  the  Board  or  the  local  board  may  be 
empowered  to  make  regulations  under  the 
Act  respecting  broiler  chickens  and  roaster 
chickens.     O.  Reg.  1013/76,  s.  1. 

15. — (1)  There  shall  be  a  committee  to  be  known  as 
"The  Chicken  Industry  Advisory  Committee". 

(2)  The  Chicken  Industry  Advisory  Committee 
shall  be  composed  of  a  chairman  and  six  members. 

(3)  After  the  1st  day  of  May  and  before  the  3 1st  day 
of  May  in  every  year, 

{a)  the  Board  shall  appoint  the  chairman ; 

(b)  the  local  board  shall  appoint  three  mem- 
bers from  among  its  members ;  and 

(c)  The  Chicken  Processors'  Advisory  Com- 
mittee shall  appoint  three  members  from 
among  its  members, 

to  The  Chicken  Industry  Advisory  Committee. 

(4)  Subject  to  subsection  (6),  the  members  of 
The  Chicken  Industry  Advisory  Committee  are 
and  remain  members  thereof  until  their  successors 
are  appointed. 

(5)  Where  a  member  of  The  Chicken  Industry 
Advisory  Committee  dies  or  resigns  or  is  unavailable 


to  act  before  the  time  for  his  successor  to  be 
appointed,  the  local  board  or  The  Chicken  Pro- 
cessors' Advisory  Committee,  as  the  case  may  be, 
shall  appoint  a  person  for  the  unexpired  term  of 
the  member  who  died,  resigned  or  was  unavailable 
to  act. 

(6)  Where  the  local  board  or  The  Chicken 
Processors'  Advisory  Committee,  as  the  case  may 
be,  fails  to  appoint  a  member  or  members  to  The 
Chicken  Industry  Advisory  Committee  in  accordance 
with  subsection  (3)  or  (5),  the  Board  may  appoint  such 
members  as  are  necessary  to  complete  the  said  com- 
mittee. 

(7)  The  Chicken  Industry  Advisory  Committee 
may  make  recommendations  to  the  local  board 
in  respect  of, 

(a)  the  promotion  of  harmonious  relation- 
ships between  persons  engaged  in  the 
production  and  marketing  of  broiler 
chickens  and  roaster  chickens ; 

(b)  the  promotion  of  greater  efficiency  in  the 
production  and  marketing  of  broiler 
chickens  and  roaster  chickens ; 

(c)  the  prevention  and  correction  of  irregu- 
larities and  inequities  in  the  marketing  of 
broiler  chickens  and  roaster  chickens : 

(d)  the  improvement  of  the  circulation  of 
market  information  respecting  broiler 
chickens  and  roaster  chickens ; 

{e)  without  hmiting  the  generahty  of  the 
foregoing,  any  matter  with  respect  to  which 
the  Board  or  the  local  board  may  be 
empowered  to  make  regulations  under 
the  Act  respecting  broiler  chickens  and 
roaster  chickens.     O.  Reg.  1013  /76.  s.  2. 


POWER  TO  CONDUCT  POOLS 

16. — (1)  The  Board  authorizes  the  local  board 
to  conduct  a  pool  or  pools  for  the  distribution  of  all 
moneys  received  from  the  sale  of  broiler  chickens  and, 
after  deducting  all  necessary  and  proper  disburse- 
ments and  expenses,  to  distribute  the  remainder  of 
the  moneys  received  from  the  sale  in  such  manner 
that  every  producer  receives  a  share  of  the  remainder 
of  the  moneys  received  from  the  sale  in  relation  to  the 
amount,  class,  variety,  grade  or  size  of  broiler 
chickens  delivered  by  him,  and  authorizes  the  local 
board  to  make  an  initial  payment  on  delivery  of  the 
broiler  chickens  and  subsequent  payments  until  all 
of  the  remainder  of  the  moneys  received  from  the 
sale  is  distributed  to  the  producers. 

(2)  The  Board  authorizes  the  local  board  to 
conduct  a  pool  or  pools  for  the  distribution  of  all 
moneys  received  from  the  sale  of  roaster  chickens 
and,    after    deducting    all    necessary    and    proper 


666 


FARM  PRODUCTS  MARKETING 


Reg.  350 


disbursements  and  expenses,  to  distribute  the 
remainder  of  the  moneys  received  from  the  sale 
in  such  manner  that  every  producer  receives  a  share 
of  the  remainder  of  the  moneys  received  from  the 
sale  in  relation  to  the  amount,  class,  variety,  grade 
or  size  of  roaster  chickens  delivered  by  him,  and 
authorizes  the  local  board  to  make  an  initial  payment 
on  delivery  of  the  roaster  chickens  and  subsequent 
payments  until  all  the  remainder  of  the  moneys 
received  from  the  sale-is  distributed  to  the  producers. 
O.  Reg.  352  /76,  s.  3,  part. 

17. — (1)  The  Board  authorizes  the  local  board 
to  require  the  price  or  prices  payable  or  owing  to  the 
producers  for  broiler  chickens  to  be  paid  to  or  through 


the  local  board  and  to  recover  such  price  or  prices 
by  suit  in  a  court  of  competent  jurisdiction. 

(2)  The  Board  authorizes  the  local  board  to 
require  the  price  or  prices  payable  or  owing  to  the 
producers  for  roaster  chickens  to  be  paid  to  or 
through  the  local  board  and  to  recover  such  price 
or  prices  by  suit  in  a  court  of  competent  juris- 
diction.    O.  Reg.  352  /76,  s.  3,  part. 


18.  The  Board  authorizes  the  local  board  to 
appoint  agents,  to  prescribe  their  duties  and 
terms  and  conditions  of  employment  and  to  provide 
for  their  remuneration.     O.  Reg.  352/76,  s.  3,  part. 


Reg.  351 


FARM  PRODUCTS  MARKETING 


667 


REGULATION  351 

under  the  Farm  Products  Marketing  Act 


BURLEY  TOBACCO— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  hurley  tobacco.     O.  Reg.  430/74,  s.  1,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1),  in  paragraphs 

1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  20. 

3.  The  members  of  the  local  board  shall  be 
deemed  to  be  the  shareholders  and  the  directors 
thereof  in  the  exercise  of  any  of  the  powers  men- 
tioned in  section  2.    O.  Reg.  430/74,  s.  3. 


Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Burley 
Tobacco  Growers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "burley  tobacco"  means  unmanufactured 
burley  tobacco  produced  in  Ontario; 

(6)  "producer"   means   a   person   engaged   in 
the  production  of  burley  tobacco  in  Ontario. 

3.  This  plan  applies  to  the  control  and  regulation 
in  any  or  all  respects  of  the  marketing  within 
Ontario  of  burley  tobacco  including  the  prohibition 
of  such  marketing  in  whole  or  in  part. 

4.  There  shall  be  a  local  board  to  be  known  as  "The 
Ontario  Burley  Tobacco  Growers'  Marketing  Board". 

5.  The  local  board  shall  be  composed  of  eight 
producer  members  elected  or  appointed  in  accor- 
dance with  this  plan. 

6.  Producers  are  divided  into  two  districts  as 
follows : 

1.  District     1,    comprising    the    County    of 
Essex. 

2.  District    2,    comprising    the    Province    of 
Ontario,  other  than  the  County  of  Essex. 


7.  Producers  in  each  of  the  districts  named  in 
section  6  form  a  district  group. 

8. — (1)  The  producers  in  each  district  shall  elect, 
from  the  producers  in  the  district,  members  to  the 
local  board  as  follows : 

1 .  District  1 ,  three  members. 

2.  District  2,  five  members. 

(2)  No  person  is  eligible  for  election  from  any 
district  to  the  local  board  unless  he  resides  within 
the  district. 

(3)  The  local  board  shall  appoint  a  returning 
officer  and  such  other  persons  as  are  required  to 
assist  him  in  the  nomination  and  voting  and 
shall  furnish  ballots  as  are  required. 

9. — (1)  On  the  third  Tuesday  in  May  in  each  year 
the  producers  in  each  district  shall  hold  a  meeting  to 
nominate  producers  in  the  district  for  election  as 
members  of  the  local  board. 

(2)  Any  producer  residing  in  the  district  may 
nominate  one  or  more  producers  residing  in  the  district 
for  election  as  members  of  the  local  board. 

(3)  When  the  returning  officer  is  satisfied  that 
nominations  under  subsection  (2)  are  complete,  he 
shall  so  declare  and,  after  giving  each  of  the  persons 
nominated  an  opportunity  to  decline  his  nomination, 
shall,  where  not  more  than  three  persons  are 
nominated  for  election  as  members  of  the  local 
board  in  District  1  or  not  more  than  five  persons  are 
nominated  for  election  as  members  of  the  local  board 
in  District  2,  declare  them  elected. 

10. — (1)  In  each  district  in  which  the  members  of 
the  local  board  were  not  elected  by  acclamation, 
the  local  board  shall  arrange  for  such  polling  place 
or  places  as  the  local  board  determines. 

(2)  The  third  Tuesday  in  June  in  each  year  is 
fixed  as  the  day  for  the  election  in  each  district  of  the 
members  of  the  local  board  for  the  district. 

(3)  The  time  of  voting  shall  be  from  10  a.m.  to 
8  p.m. 

(4)  At  least  seven  days  before  the  day  for  the 
election,  the  local  board  shall  give  notice  in  writing 
to  the  producers, 

(a)  of  the  names  of  the  persons  nominated 
under  section  9 ; 


668 


FARM  PRODUCTS  MARKETING 


Reg.  351 


(b)  of  the  day  and  time  of  the  election;  and 

(c)  of  the  location  of  the  polling  place  or  places 
at  which  the  producers  may  vote, 

in  the  district. 

11. — (1)  Voting  shall  be  by  secret  ballot. 

(2)  Where  the  third  greatest  number  of  votes  for 
membership  in  the  local  board  in  District  1  or  the 
fifth  greatest  number  of  votes  for  membership  in 
the  local  board  in  District  2  are  received  by  more 
than  one  person,  the  local  board  shall  hold  such 
further  elections  as  are  necessary  to  break  the  tie. 


12. — (1)  The  term  of  office  of  each  member  of  the 
local  board  shall  commence  on  the  1st  day  of  July 
in  the  year  in  which  he  is  elected  or  appointed  and 
shall  expire  on  the  30th  day  of  June  of  the  following 
year. 


(2)  Where  a  member  elected  or  appointed  to  the 
local  board  dies,  resigns  or  ceases  to  be  a  producer 
residing  in  the  district  for  which  he  is  elected 
or  appointed  before  the  expiration  of  his  term  of 
membership,  the  members  of  the  local  board  may 
appoint  a  person  for  the  unexpired  term  who  is  a 
producer  residing  in  the  same  district.  O.  Reg. 
430/74,  Sched. ;  O.  Reg.  492/76,  s.  1. 


Reg.  352 


FARM  PRODUCTS  MARKETING 


669 


REGULATION  352 


under  the  Farm  Products  Marketing  Act 
BURLEY  TOBACCO— MARKETING 
1.  In  this  Regulation, 


(a)  "burley  tobacco"  means  unmanufactured 
hurley  tobacco  produced  in  Ontario ; 

{b)  "local  board"  means  The  Ontario  Burley 
Tobacco  Growers'  Marketing  Board; 

(c)  "plan"  means  The  Ontario  Burley  Tobacco 
Growers'  Marketing  Plan ; 

(d)  "producer"  means  a  person  engaged  in 
the  production  of  burley  tobacco  in  Ontario. 
O.  Reg.  436/74,  s.  1. 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  marketing 
within  Ontario  of  burley  tobacco,  including  the 
prohibition  of  such  marketing  in  whole  or  in  part. 
O.  Reg.  436/74,  s.  2. 

3.  The  Board  delegates  to  the  local  board  the 
power, 

(a)  to  require  persons  engaged  in  producing 
or  marketing  burley  tobacco  to  register 
their  names,  addresses  and  occupations 
with  the  local  board ; 

(6)  to  require  persons  engaged  in  producing 
or  marketing  bttrley  tobacco  to  furnish 
such  information  relating  to  the  production 
or  marketing  of  burley  tobacco,  including 
the  completing  and  filing  of  returns,  as 
the  local  board  determines ; 

(c)  to  app)oint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises 
and  any  burley  tobacco  of  persons  engaged 
in  producing  or  marketing  burley  tobacco; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  burley  tobacco  by  such  means 
as  it  considers  proper ; 

(e)  to  co-operate  with  a  marketing  board, 
local  board,  marketing  commission  or 
marketing  agency  of  Canada  or  of  any 
province  in  Canada  for  the  purpose  of 
marketing  burley  tobacco ; 

(/)  to  do  such  acts  and  make  such  orders 
and  issue  such  directions  as  are  necessary 
to  enforce  the  due  observance  and  carrying 
out    of    the    provisions    of    the    Act,    the. 


regulations  or  the  plan.     O.  Reg.  436/74, 

s.  3. 


4.  The  Board  delegates  to  the  local  board  its 
powers  to  make  regulations  with  respect  to  burley 
tobacco, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 
to  engage  in  the  producing  or  marketing  of 
burley  tobacco ; 

(b)  prohibiting  persons  from  engaging  in  the 
producing  or  marketing  of  burley  tobacco 
except  under  the  authority  of  a  licence; 

(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by 
experience,  financial  responsibility  and 
equipment  to  engage  in  properly  the 
business  for  which  the  application  was 
made,  or  for  any  other  reason  that  the  local 
board  considers  proper ; 

(d)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew,  a  licence  for 
failure  to  observe,  perform  or  carry  out 
the  provisions  of  the  Act,  the  regulations, 
the  plan  or  any  order  or  direction  of  the 
local  board; 

(e)  providing  for  the  fixing  of  licence  fees  not 
exceeding,  in  the  case  of  persons  licensed  to 
commence  or  continue  to  engage  in  the 
producing  of  burley  tobacco,  3  cents  for 
each  pound  or  fraction  thereof  marketed, 
payable  yearly,  half-yearly,  quarterly  or 
monthly  at  different  amounts  or  in  in- 
stalments from  any  or  all  persons  producing 
or  marketing  burley  tobacco  and  the 
recovering  of  such  licence  fees  by  suit  in  a 
court  of  competent  jurisdiction ; 

(/)  requiring  any  person  who  produces  and 
processes  burley  tobacco  to  furnish  to  the 
local  board  statements  of  the  amounts  of 
burley  tobacco  that  he  produced  in  any 
year  and  used  for  processing ; 

(g)  prescribing  the  form  of  licences ; 

(h)  providing  for  the  exemption  from  any  or 
all  of  the  regulations,  orders  or  directions 
under  the  plan  of  any  class,  variety  or 
grade  of  burley  tobacco ; 

(i)  requiring  the  furnishing  of  security  or 
proof  of  financial   responsibility   by  any 


670 


FARM  PRODUCTS  MARKETING 


Reg.  352 


person  engaged  in  the  marketing  of  burley 
tobacco  and  providing  for  the  administra- 
tion and  disposition  of  any  moneys  or 
securities  so  furnished ; 

(j)  providing  for  the  control  and  regulation 
of  the  marketing  of  burley  tobacco,  in- 
cluding the  times  and  places  at  which 
burley  tobacco  may  be  marketed; 

(k)  providing  for  the  control  and  regulation 
of  agreements  entered  into  by  producers 
of  burley  tobacco  with  persons  engaged 
in  marketing  or  processing  burley  tobacco 
and  the  prohibition  of  any  provision  or 
clause  in  such  agreements ; 

(/)  requiring  any  person  who  produces  burley 
tobacco  to  offer  to  sell  and  to  sell  burley 
tobacco  through  the  local  board ; 

(m)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  burley  tobacco 
that  has  not  been  sold  through  the  local 
board ; 

(n)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  burley  tobacco 
through  the  local  board  and  prescribing 
the  forms  and  the  terms  and  conditions 
of  such  agreements.  O.  Reg.  436/74,  s.  4; 
O.  Reg.  985/76,  s.  1. 

5. — (1)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  burley  tobacco  be  marketed 
on  a  quota  basis ; 

(b)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
marketing  of  burley  tobacco  or  whose 
quota  has  been  cancelled  from  marketing 
any  burley  tobacco ; 

(c)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  market- 
ing of  burley  tobacco  from  marketing 
any  burley  tobacco  in  excess  of  such 
quota ; 

{d)  to  prohibit  any  person  to  whom  a  quota 
hcis  been  fixed  and  allotted  for  the  market- 
ing of  burley  tobacco  produced  on  lands 
or  premises  in  respect  of  which  such  quota 
was  fixed  and  allotted  from  marketing 
any  burley  tobacco  other  than  the  burley 
tobacco  produced  on  such  lands  and 
premises. 

(2)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for 
the  marketing  of  burley  tobacco  on  such 
basis  as  the  local  board  considers  proper ; 


(b)  to  refuse  to  fix  and  allot  to  any  person 
a  quota  for  the  marketing  of  burley  tobacco 
for  any  reason  that  the  local  board  con- 
siders proper ;  and 

(c)  to  cancel  or  reduce,  or  refuse  to  increase, 
a  quota  fixed  and  allotted  to  any  person 
for  the  marketing  of  burley  tobacco  for 
any  reason  that  the  local  board  considers 
proper.     O.  Reg.  436/74,  s.  5. 

6. — (1)  The  Board  authorizes  the  local  board  to 
use  any  class  of  licence  fees,  service  charges  and 
other  moneys  payable  to  it  for  the  purposes  of 
paying  the  expenses  of  the  local  board,  carrying 
out  and  enforcing  the  Act  and  the  regulations  and 
carrying  out  the  purposes  of  the  plan. 

(2)  The  Board  authorizes  the  local  board  to 
establish  a  fund  in  connection  with  the  plan  for 
the  payment  of  any  moneys  that  may  be  required 
for  the  purposes  mentioned  in  subsection  (1). 
O.  Reg.  436/74,  s.  6. 

7.  The  Board  authorizes  the  local  board  to 
conduct  a  pool  or  pools  for  the  distribution  of  all 
moneys  received  from  the  sale  of  burley  tobacco 
and,  after  deducting  all  necessary  and  proper 
disbursements  and  expenses,  to  distribute  the 
remainder  of  the  moneys  received  from  the  sale  in 
such  manner  that  every  producer  receives  a  share 
of  the  remainder  of  the  moneys  received  from  the 
sale  in  relation  to  the  amount,  class,  variety  or  grade 
of  burley  tobacco  delivered  by  him,  and  author- 
izes the  local  board  to  make  an  initial  payment 
on  delivery  of  the  burley  tobacco  and  subsequent 
payments  until  all  of  the  remainder  of  the  moneys 
received  from  the  sale  is  distributed  to  the  producers. 
O.  Reg.  436/74,  s.  7. 

8.  The  Board  authorizes  the  local  board  to  require 
the  price  or  prices  payable  or  owing  to  the  producers 
for  burley  tobacco  to  be  paid  to  or  through  the 
local  board  and  to  recover  such  price  or  prices 
by  suit  in  a  court  of  competent  jurisdiction. 
O.  Reg.  436/74,  s.  8. 

9.  The  Board  authorizes  the  local  board  to 
prohibit  the  marketing  of  any  class,  variety  or  grade 
of  burley  tobacco.     O.  Reg.  436/74,  s.  9. 

10.  The  Board  authorizes  the  local  board  to 
appoint  agents,  to  prescribe  their  duties  and  terms 
and  conditions  of  employment  and  to  provide  for 
their  remuneration.     O.  Reg.  436/74,  s.  10. 

11. — (1)  There  shall  be  a  negotiating  agency 
to  be  known  as  the  "Negotiating  Committee  for 
Burley  Tobacco"  composed  of  the  persons  who  are 
appointed  members  of  the  negotiating  agency  under 
subsection  (2). 

(2)  The  Negotiating  Committee  for  Burley  Tobacco 
shall  be  comprised  of. 


Reg.  352 


FARM  PRODUCTS  MARKETING 


671 


(a)  not  more  than  four  members  appointed 
by  the  buyers  of  burley  tobacco;  and 

(b)  not  more  than  four  members  appointed 
by  the  local  board. 

(3)  The  persons  entitled  to  appoint  members  under 
subsection  (2)  shall  appoint  the  members  and  shall 
notify  the  Board  of  the  members'  names  and  addresses 
prior  to  the  1st  day  of  October  in  each  year. 

(4)  The  terms  of  office  of  the  members  of  the 
negotiating  agency  expire  on  the  1st  day  of 
October  in  each  year. 

(5)  The  persons  who  are  members  of  the  Negoti- 
ating Committee  for  Burley  Tobacco  under  sub- 
section (2)  remain  members  thereof  until  their 
successors  become  members. 

(6)  Where  a  member  of  the  Negotiating  Com- 
mittee for  Burley  Tobacco  appointed  under  sub- 
section (2),  dies  or  resigns  or  is  unavailable  to  act 
prior  to  the  expiration  of  his  membership,  the 
person  who  appointed  him  shall  appoint  a  person 
for  the  unexpired  term  of  such  member.  O.  Reg. 
436/74,  s.  11,  revised. 

12.  The  Negotiating  Committee  for  Burley 
Tobacco  is  empowered  to  adopt  or  settle  by 
agreement, 

(a)  minimum  prices  for  burley  tobacco  or  any 
class,  variety  or  grade  of  burley  tobacco ; 

(b)  terms,  conditions  and  forms  of  agree- 
ments relating  to  the  producing  or  market- 
ing of  burley  tobacco ;  and 

(c)  any  charges,  costs  of  expenses  relating  to 
the  production  or  marketing  of  burley 
tobacco.     O.  Reg.  436/74,  s.  12. 

13.  A  meeting  of  the  Negotiating  Committee  for 
Burley  Tobacco  may  be  convened  by  a  notice  in 
writing  given  by  the  members  appointed  under 
clause  II  (2)  (a)  or  appointed  under  clause  11  (2)  (6)  to 
the  other  members,  at  least  seven  days  but  not  later 
than  ten  days,  before  the  date  of  the  meeting,  stating 
the  time  and  place  of  the  meeting.  O.  Reg.  436/74, 
s.  13. 


14. — (1)  Where  a  meeting  of  the  Negotiating 
Committee  for  Burley  Tobacco  is  held  and  the 
negotiating  agency  does  not  arrive  at  an  agree- 
ment respecting  all  matters  that  it  is  empowered 
to  adopt  or  settle  by  agreement,  and  where  not 
less  than  two-thirds  of  the  members  of  the  negoti- 
ating agency  vote  in  favour  thereof,  the  negotiating 
agency  may  refer  the  matters  in  dispute  to  a 
conciliation  board. 

(2)  Where  the  Negotiating  Committee  for  Burley 
Tobacco  refers  matters  in  dispute  to  a  conciliation 
board,  it  shall  so  notify  the  Board.  O.  Reg.  436/74, 
s.  14. 

15. — (1)  The  conciliation  board  shall  be  composed 
of  three  members  of  whom, 

(a)  one  member  shall  be  appointed  by  the  per- 
sons appointed  under  clause  11  (2)  (a); 

(b)  one  member  shall  be  appointed  by  the  per- 
sons appointed  under  clause  11  (2)  (fc);  and 

(f)  one  member  shall  be  appointed  by  the 
Board. 

(2)  The  members  of  the  conciliation  board  shall 
be  appointed  within  one  week  of  the  time  that 
notice  was  given  under  subsection  14  (2). 

(3)  The  conciliation  board  is  empowered, 

(a)  to  endeavour  to  effect  agreement  on  any 
matter  referred  to  in  section  12  that 
the  negotiating  agency  has  failed  to  adopt 
or  settle  by  agreement ;  and 

(b)  to  recommend  adoption  of  any  agreement 
effected  under  clause  (a)  to  the  negotiating 
agency. 

(4)  The  recommendation  of  the  conciliation  board 
made  under  clause  3  (b)  may  include  a  minority  report 
disagreeing  in  whole  or  in  part  with  the  recommenda- 
tion of  the  majority  of  the  conciliation  board. 

(5)  The  conciliation  board  shall  submit  its 
recommendations  to  the  Negotiating  Committee 
for  Burley  Tobacco  within  two  weeks  of  the  time 
that  notice  was  given  under  subsection  14  (2). 
O.  Reg.  436/74,  s.  15. 


Reg.  353 


FARM  PRODUCTS  MARKETING 


673 


REGULATION  353 

under  the  Farm  Products  Marketing  Act 


BY-LAWS  FOR  LOCAL  BOARDS 

1.  The  head  office  of  a  local  board  shall  be  in  such 
place  in  Ontario  as  the  local  board  from  time  to  time 
determines  by  by-law.     R.R.O.  1970,  Reg.  312,  s.  L 


2.  The  fiscal  year  of  a  local  board  shall  commence 
on  the  1st  day  of  April  in  each  year  but  the  local  board 
may,  by  by-law,  specify  another  date.  R.R.O.  1970, 
Reg.  312,  s.  2. 

3.  The  local  board,  after  every  general  election 
or  appointment  of  its  members,  shall  by  by-law 
specify  the  period  of  time  within  which  its  first 
meeting  shall  be  held.     R.R.O.  1970,  Reg.  312,  s.  3. 


4. — (1)  A  local  board  shall,  at  the  first  meeting 
after  every  general  election  or  appointment  of  its 
members,  elect  from  its  members  a  chairman  and  a 
vice-chairman. 

(2)  The  chairman  shall,  when  present,  preside  at 
all  meetings  of  the  local  board. 

(3)  During  the  absence  of  the  chairman  or  his 
inability  to  act,  his  duties  may  be  performed  by  the 
vice-chairman. 

(4)  Where  the  chairman  and  vice-chairman  are 
absent  from  a  meeting,  the  local  board  may  elect  a 
chairman  for  the  purpose  of  that  meeting  from  among 
the  members  present  at  the  meeting. 

(5)  The  chairman  and  vice-chairman  of  a  local 
board  shall  hold  office  until  their  successors  are 
elected.     R.R.O.  1970,  Reg.  312,  s.  4. 


5.  A  majority  of  the  members  of  a  local  board 
constitute  a  quorum  for  the  transaction  of  business. 
R.R.O.  1970,  Reg.  312,  s.  5. 

6. — (I)  A  local  board  shall  appoint  a  secretary  and 
a  treasurer. 

(2)  The  same  person  may  be  appointed  secretary 
and  treasurer. 

(3)  A  local  board  may  appoint  such  officers  and 
employees  as  it  considers  necessary. 

(4)  Subject  to  subsection  4  (1),  no  local  board  shall 
appoint  a  member  of  the  local  board  as  an  officer  or 
employee  thereof.     R.R.O.  1970,  Reg.  312,  s.  6. 


7.  The  secretary  of  a  local  board  shall, 

(a)  attend  all  meetings  of  the  local  board  and 
keep  true  minutes  thereof  and  shall  send  a 
copy  of  the  minutes  to  every  member  of  the 
local  board  within  ten  days  after  the 
meeting ; 

(b)  conduct  the  correspondence  of  the  local 
board ; 

(c)  keep  a  record  of, 

(i)  all  business  transactions  of  the  local 
board, 

(ii)  all  orders,  directions  or  determina- 
tions of  the  local  board, 

(iii)  all  reports  of  committees  that  are 
from  time  to  time  appointed  by  the 
local  board,  and 

(iv)  all  annual  statements  and  financial 
auditor's  reports; 

(d)  maintain  at  the  head  office  of  the  local 
board  true  copies  of  all  regulations  of  the 
local  board  and  shall  permit  any  person  to 
inspect  the  regulations  without  charge  dur- 
ing the  normal  business  hours  of  the  local 
board ; and 

(e)  perform  such  other  duties  as  may  be  pre- 
scribed from  time  to  time  by  the  local 
board.     R.R.O.  1970,  Reg.  312,  s.  7. 

8.  The  treasurer  of  a  local  board  shall, 

(a)  under  the  direction  of  the  local  board, 
provide  for  the  deposit  of  money,  the  safe- 
keeping of  securities  and  the  disbursement 
of  the  funds  of  the  local  board ; 

(b)  maintain  separate  accounts  for  the  deposit 
of, 

(i)  moneys  received  by  the  local  board 
in  trust  for  any  other  person,  and 

(ii)  levies  or  charges  imposed  by  the  local 
board  pursuant  to  powers  exercised 
under  authority  granted  under  the 
Agricultural  Products  Marketing  Act 
(Canada) ; 

(c)  keep  full  and  accurate  books  of  account  in 
which  shall  be  recorded  all  receipts  and  dis- 
bursements of  the  local  board ; 


674 


FARM  PRODUCTS  MARKETING 


Reg.  353 


{d)  prepare  reports  showing  the  financial  posi- 
tion of  the  local  board  as  the  local  board 
may  direct  from  time  to  time ;  and 

{e)  perform  such  other  duties  as  may  be  pre- 
scribed from  time  to  time  by  the  local 
board.     R.R.O.  1970,  Reg.  312,  s.  8. 

9. — (1)  Any  of  the  powers  and  duties  of  an  officer 
to  whom  an  assistant  has  been  appointed  by  the  local 
board  may  be  exercised  and  performed  by  the 
assistant. 

(2)  A  local  board  may  add  to  or  limit  the  powers  and 
duties  of  an  officer  or  his  assistant.  R.R.O.  1970, 
Reg.  312,  s.  9. 


MEETINGS  OF  LOCAL  BOARDS 

10. — (1)  Meetings  of  a  local  board  shall  be  held 
from  time  to  time  at  such  place,  at  such  time  and  on 
such  day  as  the  chairman  or  vice-chairman  or  any  two 
members  of  the  local  board  may  determine  and  the 
secretary,  when  directed  or  authorized  by  either  of  the 
said  officers  or  by  any  two  members  of  the  local  board, 
shall  give  or  cause  to  be  given  notice  of  the  meeting. 

(2)  Unless  otherwise  stated  in  the  notice  calling 
the  meeting,  meetings  of  the  local  board  shall  be  held 
at  the  head  office. 

(3)  Notice  of  a  meeting  shall, 

(a)  include  the  date  and  time  of  the  meeting; 
and 

(b)  be  given, 

(i)  in  writing  by  mail  or  telegraph,  or 
(ii)  orally  or  by  telephone. 


(4)  Notice  of  a-  meeting  shall  be  given  such  period 
or  periods  of  time  in  advance  of  the  meeting  as  the 
local  board  provides  by  by-law. 

(5)  No  notice  of  a  meeting  is  required  to  be  given, 
where,  in  addition  to  the  members  of  the  local  board 
present,  those  absent  waive  notice  of  the  meeting 
either  before  or  after  the  meeting. 

(6)  Notice  in  writing  by  mail  or  by  telegraph  shall 
be  sufficiently  given  if  mailed  or  telegraphed  to  a 
member  at  his  last  address  as  recorded  in  the  books  of 
the  local  board.     R.R.O.  1970,  Reg.  312,  s.  10. 

11.  All  questions  arising  at  a  meeting  of  a  local 
board  shall  be  decided  by  the  majority  of  the  votes  of 
the  members  present  and  in  the  event  of  a  tie  vote  the 
chairman  of  the  meeting  shall  have  the  deciding  vote. 
R.R.O.  1970,  Reg.  312,  s.  11. 


TRANSACTION   OF   BUSINESS   OTHER 
THAN   AT   A    MEETING 

12. — (1)  A  local  board  may  transact  business 
matters  other  than  at  a  meeting  called  and  conducted 
in  accordance  with  sections  10  and  11  upon  condition 
that, 

(a)  the  chairman  of  the  local  board  is  of  the 
opinion  that  the  matter  of  business  should 
be  decided  sooner  than  a  meeting  can  be 
called ; 

(b)  the  chairman  submits  the  matter  to  be 
decided  to  the  secretary  of  the  local  board ; 

(c)  the  chairman  or  the  secretary  submits  the 
matter  for  decision  of  the  members  of  the 
local  board, 

(i)  by  mail  or  telegraph,  or 

(ii)  orally;  and 

(d)  the  secretary  makes  a  record  in  the  minute 
book  of  the  local  board  of  the  matter  to  be 
decided  and  the  decision  of  each  member. 

(2)  Where  the  conditions  prescribed  in  subsection  (1) 
have  been  complied  with  and  the  record  shows  a 
majority  of  members  in  favour  of,  or  against,  the 
matter  of  business,  it  shall  be  decided  accordingly. 

(3)  Where  the  secretary  of  a  local  board  makes  a 
record  in  the  minute  book  under  subsection  (1),  the 
record  shall  be  read  and  confirmed  at  the  next  meeting 
of  the  local  board.     R.R.O.  1970,  Reg.  312,  s.  12. 


13. — (1)  A  by-law  passed  by  a  local  board, 

(a)  for  borrowing  money  on  the  credit  of  the 
local  board ; 

(b)  for  issuing,  selling  or  pledging  securities  of 
the  local  board ; 

(c)  for  charging,  mortgaging,  hypothecating  or 
pledging  all  or  any  of  the  real  or  personal 
property  of  the  local  board,  including  book 
debts  and  unpaid  calls,  rights,  powers, 
franchises  and  undertakings ;  or 

{d)  to  negotiate  for  any  securities  or  any  money 
borrowed,  or  other  debt,  or  any  other  obliga- 
tion or  liability  of  the  local  board, 

shall  state  the  purpose  or  purposes  for  which  the 
"money,  credit,  debt  or  liability  are  to  be  used. 

(2)  No  by-law  referred  to  in  subsection  (1)  is  effective 
unless  it  is  passed  at  a  meeting  of  the  members  of  the 
local  board  called  for  the  purpose  of  considering  the 
by-law  and  not  less  than  two-thirds  of  the  members 
are  present  and  vote  in  favour  thereof.  R.R.O.  1970, 
Reg.  312,  s.  13. 


Reg.  353 


FARM  PRODUCTS  MARKETING 


675 


14. — (1)  A  local  board  shall  require  the  treasurer 
to  furnish  a  bond  for  the  faithful  discharge  of  his 
duties  in  such  form  and  with  such  security  as  the  local 
board  may  from  time  to  time  prescribe. 

(2)  A  local  board  may  require  such  other  officers 
and  such  employees  and  agents  as  the  local  board 
considers  advisable  to  furnish  bonds  for  the  faithful 
discharge  of  their  duties  in  such  form  and  with  such 
security  as  the  local  board  may  from  time  to  time 
prescribe. 

(3)  A  local  board  shall  pay  the  cost  of  any  bond 
required  under  subsection  (1)  or  (2).  R.R.O.  1970, 
Reg.  312,  s.  14. 

15.  Subject  to  section  8,  no  local  board  shall  invest 
any  surplus  funds  of  the  local  board  other  than  in, 

(a)  those  classes  of  securities  in  which  a  trustee 
may  invest  money  in  his  hands  under 
section  26  of  the  Trustee  Act,  as  amended 
from  time  to  time,  other  than  first  mort- 
gages, charges  or  hypothecs  upon  real 
estate  in  Canada ; 

(b)  investment  certificates  of  a  chartered  bank ; 
and 

(c)  paid  up  shares  of, 

(i)  any  credit  union  league  to  which  the 
Credit  Unions  and  Caisses  Populaires 
Act  applies;  and 

(ii)  The  Ontario  Co-operative  Credit 
Society.  R.R.O.  1970,  Reg.  312, 
s.  IS. 

16. — (1)  A  local  board  shall  cause  its  accounts  to 
be  audited  annually  by  one  or  more  auditors  within 
three  months  after  the  end  of  the  fiscal  year  of  the 
local  board. 

(2)  The  auditor  shall  make  a  report  to  the  local 
board  based  on  the  accounts  examined  by  him  and  on 
every  balance  sheet  laid  before  the  local  board  at  a 
general  meeting  and  in  the  report  shall  state  whether, 
in  his  opinion,  the  balance  sheet  referred  to  in  the 
report  is  properly  drawn  up  so  as  to  exhibit  a  true  and 
correct  view  of  the  state  of  the  local  board's  affairs  as 
shown  by  its  books  and  the  treasurer's  financial 
statement. 

(3)  The  secretary  of  the  local  board  shall  file  the 
report  of  the  auditor.     R.R.O.  1970,  Reg.  312,  s.  16. 

SEAL 

17. — (1)  A  local  board  shall  have  a  corporate  seal. 

(2)  The  seal  shall  be  in  the  form  of  two  concentric 
circles  with  the  name  of  the  local  board  inserted  in  the 
space  between  the  two  circles. 


(3)  The    secretary    shall     have    custody    of    the 
seal.     R.R.O.  1970,  Reg.  312,  s.  17. 


MEETING   OF   PRODUCERS 

18.— (1)  A  local  board  shall  call, 

(a)  an  annual  meeting  of  the  producers  under 
the  plan ;  or 

(b)  annual  area  meetings  of  the  producers  under 
the  plan  in  each  area  and  an  annual  meeting 
of  delegates  from  all  annual  area  meetings. 

(2)  Where  the  local  board  calls  annual  area  meetings 
under  clause  (1)  (b),  the  local  board  may  determine  the 
boundaries  of  every  area  for  the  purposes  of  the  annual 
area  meetings  and  the  method  of  electing  or  appointing 
delegates  from  the  annual  area  meetings  to  the  annual 
meeting  of  delegates. 

(3)  Where  the  local  board  calls  annual  area  meeting:^ 
under  clause  (1)  (6),  the  local  board  shall  include  every 
part  of  Ontario  to  which  the  plan  applies  in  areas  for 
which  annual  area  meetings  are  called. 

(4)  The  annual  meeting  referred  to  in  clause  (1)  (a) 
or  the  annual  area  meetings  and  annual  meeting  of 
delegates  referred  to  in  clause  (1)  (b),  as  the  case  may 
be,  shall  be  held  at  such  time  and  at  such  place,  in 
every  year,  as  the  local  board  determines. 

(5)  At  every  annual  meeting  referred  to  in  clause  (1) 
(a)  and  at  ever>'  annual  meeting  of  delegates  referred  to 
in  clause  (1)  (b),  the  local  board  shall  present,  at  the 
meeting,  the  auditor's  report  referred  to  in  subsection 
16(2)  and  shall  announce  the  appointment  of  auditors 
for  the  next  succeeding  annual  meeting.  R.R.O. 
1970,  Reg.  312,  s.  18. 

19.— (1)  Where  a  local  board  receives  a  petition  or 
request  from  at  least  ten  per  cent  of  the  producers 
under  the  plan  requesting  that  a  special  meeting  of  the 
producers  he  held  for  discussion  of  matters  respecting 
the  operation  of  the  plan  or  of  the  local  board ,  the  local 
board  shall  call  a  special  meeting  of  the  producers 
within  thirty  days  of  receipt  of  the  petition  or  request. 

(2)  A  petition  or  request  shall  contain  or  be  ac- 
companied by  a  statement  of  the  matters  for 
discussion  at  the  special  meeting.  R.R.O.  1970,  Reg. 
312,  s.  19. 

20. — (1)  A  meeting  referred  to  in  section  18  or  19 
may  be  called, 

(a)  by  giving  notice  thereof  to  each  producer  or 
delegate  who  is  entitled  to  attend;  or 


676 


FARM  PRODUCTS  MARKETING 


Reg.  353 


{b)  by  publication  of  a  notice  in  at  least  ono 
newspaper  or  magazine  having  a  general 
circulation  among  the  producers. 


(2)  Notice  of  a  meeting  referred  to  in  section  18 
shall  be  given  or  published  at  least  two  weeks  before 
the  date  of  the  meeting.  R.R.O.  1970,  Reg.  312, 
s.  20. 

21. — (1)  Every  member  or  officer  of  a  local  board 
and  his  heirs,  executors  or  administrators,  and  estate 
and  effects  respectively  shall,  from  time  to  time  and  at 
all  times,  be  indemnified  and  saved  harmless  out  of  t  ho 
money  of  the  local  board,  from  and  against  any 


action,  suit  or  proceeding  that  is  brought,  commenced 
or  prosecuted  against  him  in  respect  of  any  matter  to 
which  subsection  4  (6)  of  the  Act  applies. 

(2)  Where  any  member  or  officer  of  a  local  board 
or  his  heirs,  executors  or  administrators  or  estate  and 
effects  receives  any  money  from  any  person  on  account 
of  any  matter  with  respect  to  which  he  has  already 
received  money  from  the  local  board  under  subsection 
(1),  he  shall  forthwith  pay  to  the  local  board  the 
amount  of  money  that  he  received  respecting  that 
matter  from  the  local  board  or  the  amount  of  money 
that  he  received  respecting  that  matter  from  the  other 
person,  whichever  is  the  lesser  amount.  R.R.O. 
19J0,  Reg.  312,  s.  21. 


Reg.  354  FARM  PRODUCTS  MARKETING 677 


REGULATION  354 

under  the  Farm  Products  Marketing  Act 
CHICKEN— EXTENSION  OF  POWERS 

1.  In  this  Regulation, 

(a)  "chicken"  means  chicken  and  parts  thereof  produced  in  Ontario; 

(b)  "marketing  agency"  means  the  Canadian  Chicken  Marketing  Agency  constituted  under  the  Farm 
Products  Marketing  Agencies  Act  (Canada).     O.  Reg.  532/79,  s.  1. 

2.  The  Lieutenant  Governor  in  Council  hereby  grants  authority  to  the  marketing  agency  to  regulate  the 
marketing  within  Ontario  of  chicken  in  the  manner  set  out  in  section  3.     O.  Reg.  532/79,  s.  2. 

3.  For  the  purpose  of  regulating  the  marketing  within  Ontario  of  chicken,  the  marketing  agency  may 
exercise,  with  respect  to  chicken  so  marketed,  the  powers  that  it  may  exercise  with  respect  to  chicken  marketed  in 
interprovincial  or  export  trade  under  paragraph  23  (1)  (a)  of  the  Farm  Products  Marketing  Agencies  Act 
(Canada).     O.  Reg.  532/79,  s.  3. 


Reg.  355  FARM  PRODUCTS  MARKETING  679 

REGULATION  355 

under  the  Farm  Products  Marketing  Act 
EGGS— EXTENSION  OF  POWERS 

1.  In  this  Regulation, 

(a)  "eggs"  means  eggs  of  a  domestic  hen  produced  in  Ontario  other  than  hatching  eggs; 

(b)  "marketing  agency"  means  The  Canadian  Egg  Marketing  Agency  constituted  under  the  Farm  Products 
Marketing  Agencies  Act  (Canada).     O.  Reg.  533/79,  s.  1. 

2.  The  Lieutenant  Governor  in  Council  hereby  grants  authority  to  the  marketing  agency  to  regulate  the 
marketing  within  Ontario  of  eggs  in  the  manner  set  out  in  section  3.     O.  Reg.  533/79,  s.  2. 

3.  For  the  purpose  of  regulating  the  marketing  within  Ontario  of  eggs,  the  marketing  agency  may  exercise, 
with  respect  to  eggs  so  marketed,  the  powers  that  it  may  exercise  with  respect  to  eggs  marketed  in  interprovincial 
or  export  trade  under  paragraph  23  (1)  (a)  of  the  Faiyn  Products  Marketing  Agencies  Act  (Canada).     O.  Reg. 

533/79,  s.  3. 


Reg.  356 


FARM  PRODUCTS  MARKETING 


681 


REGULATION  356 

under  the  Farm  Products  Marketing  Act 


EGGS— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  chicks-for-placement,  eggs,  hatching  eggs  and 
fowl.     O.  Reg.  183/74,  s.  1. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  IS  (1),  paragraphs  1, 
2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18,  19 
and  26  of  subsection  15  (2)  and  in  sections  50  and  110 
of  the  Co-operative  Corporations  Act.  O.  Reg.  66/79, 
s.  18. 

3.  The  members  of  the  local  board  shall  be  deemed 
to  be  the  shareholders  and  the  directors  thereof 
in  the  exercise  of  any  of  the  powers  mentioned  in 
section  2.     O.  Reg.  593/72,  s.  3. 

Schedule 

Farm  Products  Marketing  Act 
PLAN 


1.  This  plan  may  be  cited  as 
Producers'  Marketing  Plan". 

2.  In  this  plan, 


'The  Ontario  Egg 


{a)  "chicks-for-placement"  means  female 
chickens  twenty  weeks  of  age  or  less  or  any 
class  thereof; 

(6)  "eggs"  means  eggs  of  a  domestic  hen 
produced  in  Ontario  other  than  hatching 
eggs; 

(c)  "fowl"  means  a  domestic  hen  more  than 
twenty  weeks  of  age; 

(d)  "hatching  eggs"  means  eggs  of  a  domestic 
hen  produced  in  Ontario  for  the  purpose 
of  hatching  into  chicks; 

(e)  "Minister"  means  the  Minister  of  Agri- 
culture and  Food; 

(/)  "producer"  means  a  person  engaged  in  the 
production  of  chicks-for-placement,  eggs, 
hatching  eggs  or  fowl. 

3.  This  plan  applies  to  the  control  and  regulation 
in  any  or  all  respects  of  the  marketing  within 
Ontario  of  chicks-for-placement,  eggs,  hatching  eggs 
and  fowl  including  the  prohibition  of  such  marketing 
in  whole  or  in  part. 


4.  There  shall  be  a  local  board  to  be  known  as  "The 
Ontario  Egg  Producers'  Marketing  Board". 

5.  The  local  board  shall  be  composed  of  not  more 
than  fifteen  producer-members  who  shall  hold  office 
until  their  successors  are  elected  or  appointed. 

6.  Producers  are  divided  into  thirteen  districts 
as  follows: 


1. 


District  1,  comprising  the  counties  of  Essex  and 
Kent. 


2.  District  2,  comprising  the  County  of  Lambton. 

3.  District  3,  comprising  the  County  of  Middlesex. 

4.  District  4,  comprising  the  counties  of  Elgin 
and  Oxford  and  that  part  of  The  Regional 
Municipality  of  Haldimand-Norfolk  that,  on  the 
31st  day  of  March,  1974,  was  the  County  of  Nor- 
folk. 

5.  District  5,  comprising  the  county  of  Brant, 
the  regional  municipalities  of  Hamilton-Went- 
worth  and  Niagara  and  that  part  of  The  Regional 
Municipality  of  Haldimand-Norfolk  that,  on  the 
31st  day  of  March,  1974,  was  the  County  of  Hal- 
dimand. 

6.  District  6,  comprising  the  County  of  Huron. 

7.  District  7,  comprising  the  County  of  Perth  and 
the  townships  of  Wellesley  and  Wilmot  in  The 
Regional  Municipality  of  Waterloo. 

8.  District  8,  comprising  the  County  of  Wellington, 
the  regional  municipalities  of  Halton  and  Peel 
and  the  townshipjs  of  North  Dumfries  and 
Woolwich  and  the  City  of  Waterloo  in  The 
Regional  Municipality  of  Waterloo. 

9.  District  9,  comprising  the  counties  of  Bruce, 
Dufferin,  Grey  and  Simcoe  and  The  District 
Municipality  of  Muskoka. 

10.  District  10,  comprising  the  counties  of  Hastings, 
Northumberland,  Peterborough,  Prince  Edward 
and  Victoria,  the  Provisional  County  of  Halibur- 
ton  and  the  regional  municipalities  of  Durham 
and  York. 

11.  District  11,  comprising  the  counties  of  Dundas, 
Frontenac,  Grenville,  Lanark,  Leeds,  Lennox 
and  Addington  and  Renfrew  and  The  Regional 
Municipality  of  Ottawa-Carleton. 


682 


FARM  PRODUCTS  MARKETING 


Reg.  356 


12.  District  12,  comprising  the  counties  of  Glen- 
garry, Prescott,  Russell  and  Stormont. 

13.  District  13,  comprising  the  territorial  districts 
of  Ontario  except  The  District  Municipality  of 
Muskoka. 

7. — (1)  The  producers  in  each  district  mentioned 
in  section  6  form  a  district  group  of  producers. 

(2)  A  producer  in  an  area  not  included  in  a  district 
mentioned  in  section  6  may  become  a  member  of  the 
district  group  of  producers  nearest  his  place  of  pro- 
duction. 

8. — (1)  There  shall  be  a  committee  of  producer- 
members  in  each  district  to  be  known  as  the  "District 
Egg  Producers'  Committee". 

(2)  The  number  of  producers  on  each  committee 
shall  be  as  follows: 


1.  District  1, 


Essex 
Kent 
Total 


2.  District  2,       Total 

3.  District  3,       Total 

4.  District  4 


5.  District  5, 


Elgin 
Oxford 
Norfolk 
Total 

Brant 
Hamilton- 

Wentworth 
Niagara 
Haldimand 
Total 


6.  District  6,       Total 

7.  District  7,       Perth 

West  Waterloo 
Total 


8.  District  8, 


9.  District  9, 


10.  District  10, 


Wellington 

Halton 

Peel 

East  Waterloo 

Total 

Bruce 
Dufferin 
Grey 

Simcoe  and 
Muskoka 
Total 

Hastings  and 
Haliburton 

Northumber- 
land 

Ontario 

Peterborough 


—  6  members 

—  6  members 

—  12  members. 

—  11  members. 

—  17  members. 

—  4  members 

—  9  members 

—  2  members 

—  15  members. 

—  2  members 

—  3  members 

—  6  members 

—  2  members 

—  13  members. 

—  14  members. 

—  8  members 

5  members 
13  members. 

6  members 

2  members 
1  member 

3  members 
12  members. 

3  members 
1  member 
3  members 

3  members 
10  members. 


1  member 

2  members 
2  members 
1  member 


11.  District  11, 


12.  District  12, 


13.  District  13, 


Prince  Edward  — 
Victoria  and 

Durham  — 

York  — 

Total  — 

Dundas  — 

Frontenac  — 

Grenville  — 

Lanark  — 

Leeds  — 
Lennox  and 

Addington  — 

Renfrew  — 
Ottawa- 

Carleton  — 

Total  — 

Glengarry  — 

Prescott  — 

Russell  — 

Stormont  — 

Total  — 

Algoma  — 

Cochrane  — 
Kenora  and 

Rainy  River  — 
Sudbury  and 

Timiskaming — 

Thunder  Bay  — 

Total  — 


1  member 

2  members 

3  members 
12  members. 

2  members 
1  member 
1  member 
1  member 
1  member 

1  member 

1  member 

3  members 

11  members. 

2  members 
7  members 
2  members 
1  member 

12  members. 

1  member 
1  member 

1  member 

1  member 
1  member 
5  members. 


9. — (1)  On  or  before  the  1st  day  of  March  in  each 
year,  the  producers  in  each  district  shall,  subject  to 
subsection  (2),  elect  from  among  themselves  members 
to  each  District  Producers'  Committee  on  the  basis 
referred  to  in  subsection  8  (2). 

(2)  No  producer  is  eligible  to  be  elected  a  member 
of  a  District  Egg  Producers'  Committee  unless, 

(a)  he  has  been  allotted  a  basic  quota  for  the 
marketing  of  eggs  by  the  local  board ;  or 

(b)  he  is  a  tenant  and  has  been  allotted  a  market- 
ing quota  for  the  marketing  of  eggs  by  the 
local  board  and  has  the  permission  in  writing 
of  the  holder  of  the  basic  quota  to  act  in  his 
behalf. 

(3)  Members  of  District  Egg  Producers'  Committees 
hold  office  from  the  1st  day  of  March. 

(4)  The  terms  of  office  of  members  of  each  District 
Egg  Producers'  Committee  expire  on  the  last  day  of 
February  of  the  year  following  the  year  in  which  they 
were  elected. 

(5)  No  person  is  eligible  to  be  elected  a  member 
of  more  than  one  District  Egg  Producers'  Com- 
mittee. 

(6)  Where  an  election  has  taken  place  that  results  in 
a  contravention  of  subsection  (5),  the  local  board  may 


Reg.  356 


FARM  PRODUCTS  MARKETING 


683 


declare  void  any  election  of  a  person  necessary  to  pre- 
vent a  contravention  of  subsection  (5)  and  such  elec- 
tion is  thereupon  wholly  void  and  of  no  effect. 

10. — (1)  On  or  before  the  1st  day  of  April  in  each 
year,  the  members  of  each  District  Egg  Producers' 
Committee  shall  elect  from  among  themselves  one  per- 
son to  be  a  member  of  the  local  board  for  the  district. 

(2)  Members  of  the  local  board  hold  office  from  the 
1st  day  of  April. 

(3)  The  terms  of  office  of  members  of  the  local 
board  expire  on  the  31st  day  of  March  of  the  year 
following  the  year  in  which  they  were  elected. 

11. — (1)  Where  the  producers  in  any  district  fail 
to  elect  representatives  to  the  District  Egg  Producers' 
Committee  in  accordance  with  section  9,  the  local 
board  may,  at  its  first  meeting  after  the  date  for 
commencement  of  the  terms  of  office  of  members  of 
District  Egg  Producers'  Committees,  appoint  such 
eligible  producers  as  are  necessary  to  complete  any 
District  Egg  Producers'  Committee. 

(2)  Where  the  members  of  a  District  Egg  Producers' 
Committee  fail  to  elect  a  member  to  the  local  board  in 
accordance  with  the  provisions  of  section  10,  the 
members  of  the  local  board  shall,  at  its  first  meeting 


after  the  date  for  commencement  of  terms  of  office  of 
members  of  the  local  board,  appoint  such  eligible 
producers  as  are  necessary  to  complete  the  local 
board. 

(3)  When  a  member  elected  or  appointed  to  the 
local  board  dies  or  resigns  before  his  term  has 
expired,  the  members  of  the  local  board  may  appoint 
an  eligible  producer  as  member  for  the  unexpired 
term. 

(4)  Where  the  members  of  the  local  board  fail  to 
appoint  a  person  under  subsection  (2)  or  (3), 

(a)  at  the  meeting  referred  to  in  subsection  (2);  or 

(b)  within  seven  days  of  the  death  or  resignation, 

as  the  case  may  be,  the  Board  may  appoint  a 
person   for  the  unexpired  term. 


12.  The  Minister  may  appoint  two  persons  who  are 
producers  of  chicks-for-placement  to  be  members  of 
the  local  board  to  hold  office  until  their  successors  are 
appointed  under  this  section.  O.  Reg.  593/72, 
Sched.;  O.  Reg.  183/74,  s.  1;  O.  Reg.  764/74,  s.  1; 
O.  Reg.  433/75,  s.  1;  O.  Reg.  32/76,  s.  1;  O.  Reg. 
470/76,  s.  1;  O.  Reg.  947/79,  ss.  1,  2. 


Reg.  357 


FARM  PRODUCTS  MARKETING 


685 


REGULATION  357 

under  the  Farm  Products  Marketing  Act 


EGGS— MARKETING 
1.   In  this  Regulation,. 

(a)  "chicks-for-placement"  means  female 
chickens  twenty  weeks  of  age  or  less  or  any 
class  thereof; 

(b)  "eggs"  means  eggs  of  a  domestic  hen 
produced  in   Ontario  other  than  hatching 

eggs; 

(c)  "fowl"  means  a  domestic  hen  more  than 
twenty  weeks  of  age; 

(d)  "hatching  eggs"  means  eggs  of  a  domestic 
hen  produced  in  Ontario  for  the  purpose 
of  hatching  into  chicks; 

(c)  "local  board"  means  The  Ontario  Egg 
Producers'  Marketing  Board; 

(/)  "producer"  means  a  person  engaged  in  the 
production  of  chicks-for-placement,  eggs, 
hatching  eggs  or  fowl.  O.  Reg.  594/72,  s.  1; 
O.  Reg.  243/73,  s.  1  (1,  2);  O.  Reg.  184/74, 
s.  1;  O.  Reg.  434/75,  s.  1. 


2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  marketing 
within  Ontario  of  chicks-for-placement,  eggs,  hatch- 
ing eggs  and  fowl  including  the  prohibition  of  such 
marketing  in  whole  or  in  part.    O.  Reg.  184/74,  s.  2. 

3.  The  Board  exempts  from  sections  5  to  12 
hatching  eggs  that  are  marketed  for  hatching  pur- 
poses.    O.  Reg.  634/74,  s.  1. 


POWERS   OF   LOCAL   BOARD 

4.  The  Board  delegates  to  the  local  board  the 
power, 

(a)  to  require  persons  engaged  in  producing 
or  marketing  chicks-for-placement,  eggs, 
hatching  eggs  or  fowl  to  register  their 
names,  addresses  and  occupations  with  the 
local  board; 

(b)  to  require  persons  engaged  in  producing  or 
marketing  chicks-for-placement,  eggs, 
hatching  eggs  or  fowl  to  furnish  such  infor- 
mation relating  to  the  production  or  mar- 
keting of  chicks-for-placement,  eggs,  hatch- 
ing eggs  or  fowl,  including  the  completing 
and  fihng  of  returns,  as  the  local  board 
determines ; 


(c)  to  appwint  persons  to, 

(i)  inspect  the  books,  records,  docu- 
ments, lands  and  premises  and  any 
chicks-for-placement,  eggs,  hatch- 
ing eggs  and  fowl  of  persons  engaged 
in  producing  or  marketing  chicks- 
for-placement,  eggs,  hatching  eggs 
or  fowl,  and 

(ii)  enter  on  lands  or  premises  used  for 
the  producing  of  chicks-for-place- 
ment, eggs,  hatching  eggs  or  fowl 
and  perform  a  count  of  chicks-for- 
placement,  eggs,  hatching  eggs  or 
fowl; 

{d)  to  stimulate,  increase  and  Improve  the 
marketing  of  chicks-for-placement,  eggs, 
hatching  eggs  and  fowl  by  such  means  as 
it  considers  proper; 

(e)  to  co-operate  with  a  marketing  board,  local 
board,  marketing  commission  or  marketing 
agency  of  Canada  or  of  any  province  in 
Canada  for  the  purpose  of  marketing  chicks- 
for-placement,  eggs,  hatching  eggs  or  fowl ; 
and 

(/)  to  do  such  acts  and  make  such  orders 
and  issue  such  directions  as  are  necessary 
to  enforce  the  due  observance  and  carrying 
out  of  the  provisions  of  the  Act,  the 
regulations  or  the  plan.  O.  Reg.  594/72, 
s.  4;  O.  Reg.  243/73,  s.  4;  O.  Reg.  184/74, 
s.  4;  O.  Reg.  84/79,  s.  1. 

5.  The  Board  delegates  to  the  local  board  its 
powers  to  make  regulations  with  resp)ect  to  eggs 
and  hatching  eggs, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 
to  engage  in  the  producing,  marketing  or 
processing  of  eggs  or  hatching  eggs ; 

(b)  prohibiting  jiersons  from  engaging  in  the 
producing,  marketing  or  processing  of  eggs 
or  hatching  eggs  except  under  the  authority 
of  a  licence ; 

(c)  subject  to  section  15,  providing  for  the 
refusal  to  grant  a  licence  where  the  appli- 
cant is  not  qualified  by  experience,  financial 
responsibility  and  equipment  to  engage  in 


686 


FARM  PRODUCTS  MARKETING 


Reg.  357 


properly  the  business  for  which  the  appli- 
cation was  made,  or  for  any  other  reason 
that  the  local  board  considers  proper; 

(d)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew,  a  licence  for 
failure  to  observe,  perform  or  carry  out  the 
provisions  of  the  Act,  the  regulations,  the 
plan  or  any  order  or  direction  of  the 
Board  or  local  board ; 

(e)  providing  for  the  fixing  of  licence  fees 
payable  yearly,  half-yearly,  quarterly  or 
monthly  at  different  amounts  or  in  in- 
stalments from  any  or  all  persons  producing 
or  marketing  eggs  or  hatching  eggs  and  the 
collecting  of  licence  fees  and  the  recovering 
of  such  licence  fees  by  suit  in  a  court  of 
competent  jurisdiction; 

(/)  requiring  any  person  who  receives  eggs  or 
hatching  eggs  to  deduct  from  the  moneys 
payable  for  the  eggs  or  hatching  eggs  any 
licence  fees  payable  to  the  local  board  by 
the  person  from  whom  he  receives  the  eggs 
or  hatching  eggs,  and  to  forward  such 
licence  fees  to  the  local  board ; 

(g)  requiring  any  person  who  produces  and 
processes  eggs  or  hatching  eggs  to  furnish 
to  the  local  board  statements  of  the 
amounts  of  eggs  and  hatching  eggs  that  he 
produced  in  any  year  and  used  for  pro- 
cessing ; 

(h)  prescribing  the  form  of  licences ; 

(i)  providing  for  the  exemption  from  any 
or  all  of  the  regulations,  orders  or  directions 
under  the  plan  of  any  class,  variety,  grade 
or  size  of  eggs  or  hatching  eggs  or  any 
person  or  class  of  persons  engaged  in  the 
producing  or  marketing  of  eggs  or  hatching 
eggs  or  any  class,  variety,  grade  or  size  of 
eggs  or  hatching  eggs ; 

(j)  requiring  the  furnishing  of  security  or 
proof  of  financial  responsibility  by  any 
person  engaged  in  the  marketing  of  eggs 
or  hatching  eggs  and  providing  for  the 
administration  and  disposition  of  any 
moneys  or  securities  so  furnished ; 

{k)  providing  for  the  control  and  regulation 
of  the  marketing  of  chicks-for-placement, 
eggs  and  hatching  eggs,  including  the  times 
and  places  at  which  chicks-for-placement, 
eggs  and  hatching  eggs  may  be  marketed ; 

(/)  providing  for  the  control  and  regulation 
of  agreements  entered  into  by  producers  of 
chicks-for-placement,  eggs  or  hatching  eggs 
with  persons  engaged  in  marketing  or  pro- 
cessing chicks-for-placement,  eggs  or  hatch- 
ing eggs,  and  the  prohibition  of  any  provi- 
sion or  clause  in  such  agreements ; 


(m)  requiring  any  person  who  produces  eggs 
or  hatching  eggs  to  offer  to  sell  and  to  sell 
eggs  or  hatching  eggs  to  or  through  the 
local  board ; 

(n)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  eggs  or  hatching 
eggs  that  have  not  been  sold  to,  by  or 
through  the  local  board ; 

(o)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  eggs  or 
hatching  eggs  by  or  through  the  local 
board  and  prescribing  the  forms  and  the 
terms  and  conditions  of  such  agreements; 
and 

(P)  providing  for  the  making  of  such  orders 
and  the  issuing  of  such  directions  as  are 
necessary  to  enforce  the  due  observance 
and  carrying  out  of  the  provisions  of  the 
Act,  the  regulations,  the  plan  or  any  order 
or  direction  of  the  Board  or  the  local 
board.  O.  Reg.  594/72,  s.  5;  O.  Reg. 
184/74.  s.  5;  O.  Reg.  434/75,  s.  2. 

6.  The    Board    vests    in    the    local    board    the 
following  powers : 

1.  To  direct  and  control,  by  order  or  direction, 
either  as  principal  or  agent,  the  marketing 
of  eggs  and  hatching  eggs,  including  the 
times  and  places  at  which  eggs  or  hatching 
eggs  may  be  marketed. 

2.  To  determine  the  quality  of  each  class, 
variety,  grade  and  size  of  eggs  or  hatching 
eggs  that  shall  be  marketed  by  each 
producer. 

3.  To  prohibit  the  marketing  of  any  class, 
variety,  grade  or  size  of  eggs  or  hatching 
eggs. 

4.  To  determine  from  time  to  time  the  price 
or  prices  that  shall  be  paid  to  producers 
or  to  the  local  board,  as  the  case  may  be, 
for  eggs  and  hatching  eggs  or  any  class, 
variety,  grade  or  size  of  eggs  or  hatching 
eggs  and  to  determine  different  prices  for 
different  parts  of  Ontario. 

5.  To  fix  and  impose  service  charges  from 
time  to  time  for  the  marketing  of  eggs 
and  hatching  eggs. 

6.  To  require  the  price  or  prices  payable 
or  owing  to  the  producer  for  eggs  or 
hatching  eggs  to  be  paid  to  or  through 
the  local  board. 

7.  To  collect  from  any  person  by  suit  in  a 
court  of  competent  jurisdiction  the  price 
or  prices  or  any  part  thereof  of  eggs  or 
hatching  eggs. 


Reg.  357 


FARM  PRODUCTS  MARKETING 


687 


8.  To  purchase  or  otherwise  acquire  such 
quantity  or  quantities  of  eggs  or  hatching 
eggs  as  the  local  board  considers  advisable 
and  to  sell  or  otherwise  dispose  of  any  eggs 
or  hatching  eggs  so  purchased  or  acquired. 

9.  To  pay  from  service  charges  imposed  under 
paragraph  5  its  expenses  in  carrying  out 
the  purposes  of  the  plan. 

10.  To  pay  to  the  producers  the  price  or 
prices  for  eggs  or  hatching  eggs  less 
service  charges  imposed  under  paragraph 
5  and  to  fix  the  times  at  which  or  within 
which  such  payments  shall  be  made. 
O.  Reg.  594/72,  s.  6. 

7. — (1)  The  Board  authorizes  the  local  board, 

{a)  to  require  that  eggs  be  marketed  on  a  quota 
basis ; 

{b)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
marketing  of  eggs  or  whose  quota  has  been 
cancelled  from  marketing  any  eggs ; 

(c)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  market- 
ing of  eggs  from  marketing  any  eggs  in 
excess  of  such  quota ;  and 

(d)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  marketing 
of  eggs  produced  on  lands  or  premises  in 
respect  of  which  such  quota  was  fixed  and 
allotted  from  marketing  any  eggs  other  than 
eggs  produced  on  such  lands  or  premises ; 

(2)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for  the 
marketing  of  eggs  on  such  basis  as  the  local 
board  considers  proper ; 

(b)  to  refuse  to  fix  and  allot  to  any  person 
a  quota  for  the  marketing  of  eggs  for  any 
reason  that  the  local  board  considers 
proper ; 

(c)  to  cancel  or  reduce,  or  refuse  to  increase, 
a  quota  fixed  and  allotted  to  any  person 
for  the  marketing  of  eggs  for  any  reason 
that  the  local  board  considers  proper ;  and 

(d)  to  permit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  marketing 
of  eggs  to  market  any  eggs  in  excess  of 
such  quota  on  such  terms  and  conditions 
as  the  local  board  considers  proper. 

(3)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  hatching  eggs  be  marketed 
on  a  quota  basis ; 


(6)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
marketing  of  hatching  eggs  or  whose  quota 
has  been  cancelled  from  marketing  any 
hatching  eggs ; 

(c)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  market- 
ing of  hatching  eggs  from  marketing  any 
hatching  eggs  in  excess  of  such  quota ;  and 

(d)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  market- 
ing of  hatching  eggs  produced  on  lands  or 
premises  in  respect  of  which  such  quota  was 
fixed  and  allotted  from  marketing  any 
hatching  eggs  other  than  hatching  eggs 
produced  on  such  lands  or  premises. 

(4)  The  Board  authorizes  the  local  board. 

(a)  to  fix  and  allot  to  persons  quotas  for  the 
marketing  of  hatching  eggs  on  such  basis 
as  the  local  board  considers  proper ; 

(6)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  the  marketing  of  hatching  eggs 
for  any  reason  that  the  local  board  con- 
siders proper ; 

(c)  to  cancel  or  reduce,  or  refuse  to  increase, 
a  quota  fixed  and  allotted  to  any  person 
for  the  marketing  of  hatching  eggs  for  any 
reason  that  the  local  board  considers  pro- 
per ;  and 

(d)  to  permit  any  person  to  whom  a  quota  has 
been  fixed  and  allotted  for  the  marketing 
of  hatching  eggs  to  market  any  hatching 
eggs  in  excess  of  such  quota  on  such  terms 
and  conditions  as  the  local  board  con- 
siders proper.     O.  Reg.  594/72,  s.  7. 

(5)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  chicks-for-placement  be 
marketed  on  a  quota  basis ; 

(b)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
marketing  of  chicks-for-placement  or  whose 
quota  has  been  cancelled  from  marketing 
any  chicks-for-placement ; 

(c)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  market- 
ing of  chicks-for-placement  from  market- 
ing any  chicks-for-placement  in  excess  of 
such  quota;  and 

(d)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  marketing 
of  chicks-for-placement  produced  on  lands 
or  premises  in  respect  of  which  such  quota 
was  fixed  and  allotted  from  marketing  any 
chicks-for-placement  other  than  chicks- 
for-placement  produced  on  such  lands  or 
premises. 


688 


FARM  PRODUCTS  MARKETING 


Reg.  357 


(6)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for  the 
marketing  of  chicks-for-placement  on  such 
basis  as  the  local  boiard  considers  proper; 

(b)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  the  marketing  of  chicks-for- 
placement  for  any  reason  that  the  local 
board  considers  proper; 

(f)  to  cancel  or  reduce,  or  refuse  to  increase, 
a  quota  fixed  and  allotted  to  any  person  for 
the  marketing  of  chicks-for-placement  for 
any  reason  that  the  local  board  considers 
proper;  and 

(d)  to  permit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  market- 
ing of  chicks-for-placement  to  market  any 
chicks-for-placement  in  excess  of  such 
quota  on  such  terms  and  conditions  as  the 
local  board  considers  proper.  O.  Reg. 
184/74,  s.  6. 

8. — (1)  The  Board  authorizes  the  local  board 
to  use  any  class  of  licence  fees,  service  charges, 
and  other  moneys  payable  to  it,  for  the  purpose 
of  paying  the  expenses  of  the  local  board,  carrying 
out  and  enforcing  the  Act  and  the  regulations 
and  carrying  out  the  purposes  of  the  plan. 

(2)  The  Board  authorizes  the  local  board  to 
establish  a  fund  in  connection  with  the  plan  for 
the  payment  of  any  moneys  that  may  be  required 
for  the  purposes  mentioned  in  subsection  (1).  O.  Reg. 
594/72,  s.  8. 

9. — (1)  There  shall  be  a  committee  to  be  known  as 
"The  Egg  Industry  Advisory  Committee". 

(2)  The  Egg  Industry  Advisory  Committee  shall 
be  composed  of  a  chairman  and  twelve  members. 

(3)  In  each  year  after  the  1st  day  of  April  and  before 
the  30th  day  of  April, 

(a)  the  Board  shall  appoint  the  chairman ; 

(b)  the  local  board  shall  appoint  five  members ; 

(c)  the  Ontario  Pullet  Growers'  Association 
shall  apf)oint  two  members; 

(d)  the  Ontario  Hatcheries  Association  shall 
appoint  two  members; 

(e)  the  Ontario  Grain  and  Feed  Dealers  Associa- 
tion shall  appoint  one  member; 

(/)  the  Ontario  Egg  Processors  Association 
shall  appoint  one  member;  and 

(g)  the  Board  shall  appoint  one  member  to  rep- 
resent the  operators  of  egg  breaking  plants  in 
Ontario, 


to  The  Egg  Industry  Advisory  Committee. 

(4)  The  members  of  The  Egg  Industry  Advisory 
Committee  are  and  remain  members  thereof  until 
the  30th  day  of  April  in  the  year  following  the  year 
in  which  they  were  appointed. 

(5)  Where  a  member  of  The  Egg  Industry  Advisory 
Committee  dies  or  resigns  or  is  unavailable  to  act 
before  the  expiration  of  his  term,  the  person  or 
persons  who  appointed  him  shall  appoint  a  person 
for  the  unexpired  term  of  the  member  who 
died,  resigned  or  was  unavailable  to  act. 

(6)  The  Egg  Industry  Advisory  Committee  may 
advise  and  make  recommendations  to  the  local 
board  or  to  any  person  or  organization  represented 
on  the  committee  in  respect  of, 

(a)  the  promotion  of  harmonious  relationships 
between  persons  engaged  in  the  production 
and  marketing  of  eggs,  hatching  eggs, 
chicks-for-placement  or  fowl; 

(b)  the  promotion  of  greater  efficiency  in  the 
production  and  marketing  of  eggs,  hatching 
eggs,  chicks-for-placement  and  fowl; 

(c)  the  prevention  and  correction  of  irregular- 
ities and  inequities  in  the  marketing  of  eggs, 
hatching  eggs,  chicks-for-placement  and 
fowl; 

(d)  the  improvement  of  the  quality  and  variety 
of  eggs,  hatching  eggs,  chicks-for-place- 
ment and  fowl; 

(e)  the  improvement  of  the  circulation  of 
market  information  respecting  eggs,  hatch- 
ing eggs,  chicks-for-placement  and  fowl; 
and 

(/)  without  limiting  the  generality  of  any  of 
the  foregoing,  any  matter  with  respect  to 
which  the  Board  or  the  local  board  may  be 
empowered  to  make  regulations  under 
the  Act. 

(7)  The  local  board  shall  forthwith  provide  the 
Board  with  full  particulars  of  any  recommendations 
made  to  the  local  board  by  The  Egg  Industry 
Advisory  Committee.     O.  Reg.  897/74,  s.  1. 

10.  The  Board  authorizes  the  local  board  to 
conduct  a  pool  or  pools  for  the  distribution  of  all 
moneys  received  from  the  sale  of  eggs  and  hatching 
eggs  and,  after  deducting  all  necessary  and  proper 
disbursements  and  expenses,  to  distribute  the  re- 
mainder of  the  moneys  received  from  the  sale  in 
such  manner  that  every  producer  receives  a  share 
of  the  remainder  of  the  moneys  received  from  the 
sale  in  relation  to  the  amount,  class,  variety, 
grade  or  size  of  eggs  or  hatching  eggs  delivered 
by  hini,  and  authorizes  the  local  board  to  make 


Reg.  357 


FARM  PRODUCTS  MARKETING 


689 


an  initial  payment  on  delivery  of  the  eggs  or 
hatching  eggs  and  subsequent  payments  until  all 
of  the  remainder  of  the  moneys  received  from  the 
sale  is  distributed  to  the  producers.  O.  Reg. 
594/72,s.  9. 

11.  The  Board  authorizes  the  local  board  to 
appoint  agents,  to  prescribe  their  duties  and  terms 
and  conditions  of  employment  and  to  provide  for 
their  remuneration.     O.  Reg.  594/72,  s.  10. 

12. — (1)  All  eggs  and  hatching  eggs  shall  be 
marketed  through  the  local  board. 

(2)  No  person  shall  market  eggs  or  hatching  eggs 
except  through  the  local  board.  O.  Reg.  594/72, 
s.  11. 

13.  The  local  board  shall  give  statements  to 
every  person  engaged  in  producing  eggs  or  hatching 
eggs  showing  the  class,  variety,  grade  or  size  and 
the  number  or  quantity  of  eggs  or  hatching  eggs 
marketed,  the  price  or  prices  paid  and  particulars 
of  the  service  charges  imposed  by  it.  O.  Reg. 
594/72,  s.  12. 

14.  The  Board  vests  in  the  local  board  the  power 
to  make  regulations, 

(a)  providing  for  the  seizure  and  detention  of 
the  whole  or  any  part  of  any  chicks-for- 
placement,  eggs,  fowl  or  hatching  eggs  or 
any  class,  variety,  grade  or  size  thereof 
by  any  person  appointed  under  clause  4  (1)  (g) 
of  the  Act  where  the  person  believes  on 
reasonable  grounds  an  offence  against  the 
Act  or  thfe  regulations  has  been  committed  in 
respect  of  the  chicks-for-placement,  eggs, 
fowl  or  hatching  eggs; 

(b)  providing  for  the  release  from  detention 
of  the  whole  or  any  part  of  any  chicks-for- 
placement,  eggs,  fowl  or  hatching  eggs  or 
any  class,  variety,  grade  or  size  thereof 
where  the  local  board  is  satisfied  that  the 
owner  of  the  chicks-for-placement,  eggs, 
fowl  or  hatching  eggs  that  have  been  seized 
and  detained  comply  with  the  Act  and  the 
regulations  respecting  the  chicks-for-place- 
ment, eggs,  fowl  or  hatching  eggs; 

(c)  providing  for  the  disposal  of  the  whole  or 
any  part  of  any  chicks-for-placement,  eggs, 
fowl  or  hatching  eggs  or  any  class,  variety, 
grade  or  size  thereof  that  have  been  seized 
and  detained  and  providing  for  the  adminis- 
tration and  disposition  of  any  moneys 
derived  from  any  such  disposal ;  and 

(d)  prescribing  the  manner  in  which  the 
chicks-for-placement,  eggs,  fowl  or  hatch- 
ing eggs  shall  be  seized,  detained,  released 
and  disposed  of.  O.  Reg.  434/75,  s.  3,  part. 

15.  The  Board  delegates  to  the  local  board  its 
powers  to  make  regulations,  notwithstanding  clause  5 
(c),  providing  for  the  refusal  to  grant  a  licence  for  the 
producing  of  chicks-for-placement  or  eggs  or  hatching 


eggs  for  any  reason  that  the  local  board  considers 
proper.     O.  Reg.  434/75,  s.  3,  part. 

16. — (1)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  chicks-for-placement  be 
produced  on  a  quota  basis; 

(b)  to  prohibit  any  jjerson  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
producing  of  chicks-for-placement  or  whose 
quota  has  been  cancelled  from  producing 
any  chicks-for-placement ; 

(c)  to  prohibit  any  jjerson  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  pro- 
ducing of  chicks-for-placement  from  pro- 
ducing any  chicks-for-placement  in  excess 
of  such  quota;  and 

(d)  to  prohibit  any  person  from  producing 
chicks-for-placement  in  premises  other 
than  premises  in  respect  of  which  a  quota  for 
producing  chicks-for-placement  has  been 
fixed  and  allotted  to  such  person. 

(2)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for 
producing  chicks-for-placement  on  such 
basis  as  the  local  board  considers  proper; 

(b)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  producing  chicks-for-placement 
for  any  reason  that  the  local  board 
considers  proper; 

(c)  to  cancel  or  reduce,  or  refuse  to  increase, 
a  quota  fixed  and  allotted  to  any  person  for 
producing  chicks-for-placement  for  any 
reason  that  the  local  board  considers 
proper,  and,  without  limiting  the  generality 
of  the  foregoing,  to  cancel  or  reduce  any 
such  quota  as  a  penalty  where  the  local 
board  has  reasonable  grounds  for  belief 
that  the  person  to  whom  the  quota  was 
fixed  and  allotted  has  contravened  any 
provision  of  the  Act  or  the  regulations; 
and 

(d)  to  permit  any  person  to  whom  a  quota  has 
been  fixed  and  allotted  for  the  producing  of 
chicks-for-placement  to  produce  any 
chicks-for-placement  in  excess  of  such 
quota  on  such  terms  and  conditions  as  the 
local  board  considers  proper. 

(3)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  eggs  be  produced  on  a  quota 
basis; 

(i)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the  pro- 
ducing of  eggs  or  whose  quota  has  been 
cancelled  from  producing  any  eggs; 

(c)  to  prohibit  any  person  to  whom  a  quota  has 
been  fixed  and  sillotted  for  the  producing  of 


690 


FARM  PRODUCTS  MARKETING 


Reg.  357 


eggs  from  producing  any  eggs  in  excess  of 
such  quota;  and 

(d)  to  prohibit  any  person  from  producing 
eggs  in  premises  other  than  premises  in 
respect  of  which  a  quota  for  producing  eggs 
has  been  fixed  and  allotted  to  such  person. 

(4)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for 
producing  eggs  on  such  basis  as  the  local 
board  considers  proper; 

(b)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  producing  eggs  for  any  reason 
that  the  local  board  considers  proper; 

(c)  to  cancel  or  reduce,  or  refuse  to  increase,  a 
quota  fixed  and  allotted  to  any  person  for 
producing  eggs  for  any  reason  that  the  local 
board  considers  proper,  and,  without  limit- 
ing the  generality  of  the  foregoing,  to  cancel 
or  reduce  any  such  quota  as  a  penalty  where 
the  local  board  has  reasonable  grounds  for 
belief  that  the  person  to  whom  the  quota 
was  fixed  and  allotted  has  contravened  any 
provision  of  the  Act  or  the  tegulations; 
and 

{d)  to  permit  any  person  to  whom  a  quota  has 
been  fixed  and  allotted  for  the  producing 
of  eggs  to  produce  any  eggs  in  excess  of 
such  quota  on  such  terms  and  conditions 
as  the  local  board  considers  proper. 

(5)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  hatching  eggs  be  produced 
on  a  quota  basis; 

(b)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
producing  of  hatching  eggs  or  whose  quota 
has  been  cancelled  from  producing  any 
hatching  eggs; 

(c)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  pro- 
ducing of  hatching  eggs  from  producing 
any  hatching  eggs  in  excess  of  such  quota ; 
and 

(d)  to  prohibit  any  person  from  producing 
hatching  eggs  in  premises  other  than 
premises  in  respect  of  which  a  quota  for 
producing  hatching  eggs  has  been  fixed 
and  allotted  to  such  person. 

(6)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for 
producing  hatching  eggs  on  such  basis  as 
the  local  board  considers  proper; 

(b)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  producing  hatching  eggs  for  any 
reason  that  the  local  board  considers 
proper ; 


(c)  to  cancel  or  reduce,  or  refuse  to  increase, 
a  quota  fixed  and  allotted  to  any  person 
for  producing  hatching  eggs  for  any  reason 
that  the  local  board  considers  proper,  and, 
without  limiting  the  generality  of  the 
foregoing,  to  cancel  or  reduce  any  such 
quota  as  a  penalty  where  the  local  board 
has  reasonable  grounds  for  belief  that  the 
person  to  whom  the  quota  was  fixed  and 
allotted  has  contravened  any  provision 
of  the  Act  or  the  regulations;  and 

(d)  to  permit  any  person  to  whom  a  quota  has 
been  fixed  and  allotted  for  the  producing 
of  hatching  eggs  to  produce  any  hatching 
eggs  in  excess  of  such  quota  on  such  terms 
and  conditions  as  the  local  board  con- 
siders proper. 

(7)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  fowl  be  possessed  on  a 
quota  basis; 

(b)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
possession  of  fowl  or  whose  quota  has  been 
cancelled  from  possessing  any  fowl; 

(c)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  possessing 
any  fowl  in  excess  of  such  quota ;  and 

(d)  to  prohibit  any  person  from  possessing  fowl 
in  premises  other  than  premises  in  respect 
of  which  a  quota  for  possessing  fowl  has 
been  fixed  and  allotted  to  such  person. 

(8)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for 
possessing  fowl  on  such  basis  as  the  local 
board  considers  proper; 

(b)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  possessing  fowl  for  any  reason 
that  the  local  board  considers  proper; 

(c)  to  cancel  or  reduce,  or  refuse  to  increase, 
a  quota  fixed  and  allotted  to  any  person  for 
possessing  fowl  for  any  reason  that  the 
local  board  considers  proper,  and  without 
limiting  the  generality  of  the  foregoing,  to 
cancel  or  reduce  any  such  quota  as  a  penalty 
where  the  local  board  has  reasonable 
grounds  for  belief  that  the  person  to  whom 
the  quota  was  fixed  and  allotted  has 
contravened  any  provision  of  the  Act  or  the 
regulations;  and 

(d)  to  permit  any  person  to  whom  a  quota  has 
been  fixed  and  allotted  for  possessing  fowl 
to  possess  any  fowl  in  excess  of  such  quota 
on  such  terms  and  conditions  as  the  local 
board  considers  proper.  O.  Reg.  434/75, 
s.  3,  part. 


Reg.  358 


FARM  PRODUCTS  MARKETING 


691 


REGULATION  358 

under  the  Farm  Products  Marketing  Act 
EGGS— MARKETING  LIMITATIONS  TABLE 


1.  The  Board  considers  it  necessary  and  advisable 
and  requires  that  the  local  board  carry  out  the  pur- 
poses of  The  Ontario  Egg  Producers'  Marketing 
Plan  established  by  Regulation  356  of  Revised  Regu- 
lations of  Ontario,  1980  in  accordance  with  the 
Schedule.     O.  Reg.  595/72,  s.  1. 

2.  Sections  1,  2  and  3  of  Regulation  357  of  Revised 
Regulations  of  Ontario,  1980  apply  to  this  Regulation 
with  necessary  modifications.     O.  Reg.  595/72,  s.  2. 

Schedule 

1.  In  this  Schedule, 

(a)  "Agency"  means  the  Canadian  Egg  Market- 
ing Agency  established  by  the  Canadian 
Egg  Marketing  Agency  Proclamation  issued 
pursuant  to  the  Farm  Products  Marketing 
Agencies  Act  (Canada) ; 

(b)  "quota"  means  a  quota  fixed  and  allotted  to  a 
producer  pursuant  to  section  7  of  Regulation 
357  of  Revised  Regulations  of  Ontario,  1980; 

(c)  "quota  system"  means  the  method  by 
which  the  quota  fixed  and  allotted  to  any 
producer  is  determined. 

2.  The  local  board  shall  establish  a  quota  system 
in  order  to  fix  and  allot  quotas  to  all  producers 
of  eggs  or  hatching  eggs  in  Ontario  in  such  manner 
that  the  number  of  dozens  of  eggs  and  hatching 
eggs  produced  in  Ontario  and  authorized  to  be 
marketed  in  intraprovincial  trade  in  the  year  1973, 
when  taken  together  with  the  number  of  dozens 
of  eggs  and  hatching  eggs  produced  in  Ontario  and 
authorized  to  be  marketed  in  interprovincial  and 
export  trade  in  the  same  year,  pursuant  to  quotas 
assigned  by  the  Agency  and  the  number  of  dozens  of 
and  hatching  eggs  produced  in  the  Province  and 
anticipated  to  be  marketed  in  the  same  year  other 
than  as  authorized  by  a  quota  assigned  by  the 
Agency  or  fixed  and  allotted  by  the  local  board, 
will  equal  the  number  of  dozens  of  eggs  and 
hatching  eggs  set  out  in  section  3  of  this  Schedule. 

3.  For  the  purposes  of  section  2  of  this  Schedule 
the  number  of  dozens  of  eggs  and  hatching  eggs  set 
out  in  this  section  is  as  set  out  in  the  Table  and 
represents  the  percentage  of  total  Canadian  pro- 
duction shown  in  the  Table. 


181,267,000  dozens 


38.161  percent 


4. — (1)  No  order  or  regulation  shall  be  made 
where  the  effect  thereof  would  be  to  increase  thie 
aggregate  of, 

(a)  the  number  of  dozens  of  eggs  and  hatching 
eggs  produced  in  Ontario  and  authorized 
by  quotas  fixed  and  allotted  by  the  local 
board  and  by  quotas  assigned  by  the 
Agency  to  be  marketed  in  intraprovincial, 
interprovincial  and  export  trade;  and 

(b)  the  number  of  dozens  of  eggs  and  hatching 
eggs  produced  in  Ontario  and  anticipated 
to  be  marketed  in  intraprovincial,  inter- 
provincial and  export  trade  other  than  as 
authorized  by  quotas  fixed  and  allotted  by 
the  local  board  and  by  quotas  assigned  by 
the  Agency, 

to  a  number  that  exceeds,  on  a  yearly  basis,  the 
number  of  dozens  of  eggs  and  hatching  eggs  set  out 
in  section  3  of  this  Schedule  unless  the  local  board 
has  taken  into  account, 

(c)  the  principle  of  comparative  advantage 
of  production  in  respect  of  each  province 
in  Canada ; 

(d)  any  variation  in  the  size  of  the  market  for 
eggs  or  hatching  eggs ; 

(e)  any  failures  by  producers  to  market  the 
number  of  dozens  of  eggs  or  hatching  eggs 
authorized  to  be  marketed ; 

(/)  the  feasibihty  of  increased  production  in 
each  province  to  be  marketed ;  and 

(g)  comparative  transportation  costs  to  market 
areas  from  alternative  sources  of  pro- 
duction, 

and  the  Agency  is  making  a  similar  order  or 
regulation. 

(2)  No  order  or  regulation  shall  be  made  where 
the  effect  thereof  would  be  to  decrease  the  aggregate 
of, 

(a)  the  number  of  dozens  of  eggs  and  hatching 
eggs  produced  in  Ontario  and  authorized 
by  quotas  fixed  and  allotted  by  the  local 
board  and  by  quotas  assigned  by  the  Agency 
to  be  marketed  in  intraprovincial,  inter- 
provincial and  export  trade;  and 

(b)  the  number  of  dozens  of  eggs  and  hatching 
eggs  produced  in  Ontario  and  anticipated 


692 


FARM  PRODUCTS  MARKETING 


Reg.  358 


to  be  marketed  in  intraprovincial,  inter- 
provincial  and  export  trade  other  than  as 
authorized  by  quotas  fixed  and  allotted 
by  the  local  board  and  by  quotas  assigned 
by  the  Agency, 

to  a  number  that,  on  a  yearly  basis  is  less  than 
the  number  of  dozens  of  eggs  and  hatching  eggs 
set  out  in  section  3  of  this  Schedule  unless  at  the 
same  time  the  number  of  dozens  of  eggs  or  hatching 
eggs  produced  in  each  other  province  of  Canada  and 
authorized  to  be  marketed  in  intraprovincial,  inter- 
provincial  and  export  trade  is  decreased  proportion- 
ately. 

(3)  Where  the  Agency  has  made  an  order  or 
regulation  pursuant  to  provisions  of  a  marketing 
plan  similar  to  the  provisions  of  subsection  (1)  or  (2), 
the  local  board  shall  make  a  similar  order  or  regula- 
tion. 

5.  Subject  to  the  provisions  of  section  10  of  Regula- 
tion 357  of  Revised  Regulations  of  Ontario,  1980,  the 
local  board,  in  the  exercise  of  its  powers  under  clauses 
7  (2)  (d)  and  7  (4)  (d)  of  the  said  Regulation  may  require 
eggs  or  hatching  eggs  to  be  sold  to  the  local  board  or  its 
agent  at  a  price  not  exceeding  the  difference,  if  any, 
between  the  price  realized  by  the  local  board  or  its. 
agent  on  the  marketing  of  such  eggs  or  hatching  eggs 
and  its  expenses  related  to  such  marketing. 

6.  The  local  board  shall  not  market  any  quantity 
of  eggs  or  hatching  eggs  made  available  to  it  in 
excess  of  the  number  of  eggs  referred  to  in  sections  2 
and  3  or  as  modified  pursuant  to  section  4  of  this 
Schedule,  without  prior  consultation  with  the 
Agency. 

7.  The  local  board  shall,  with  the  concurrence  of 
the  Agency,  administer,  on  its  behalf,  all  orders 
and  regulations  made  by  the  Agency  for  the  pur- 
pose of  establishing  and  implementing  a  quota 
system  or  any  such  orders  or  regulations  necessary  to 
implement  the  provisions  of  the  Canadian  Egg 
Marketing  Agency  Proclamation. 

8.  The  local  board  shall  make,  approve  and 
implement  any  order  or  regulation  necessary  to 
give  effect  to  any  provision  of  this  Schedule. 


9.  The  local  board  shall  make  available  to  the 
Agency  any  document  or  extract  of  documents 
establishing  the  registration  or  licensing  of  pro- 
ducers. 

10.  The  local  board  shall,  with  the  concurrence 
of  the  Agency,  collect  on  the  Agency's  behalf  any 
levies  imposed  by  the  Agency. 

11. — (1)  In  implementing  the  provisions  of  clauses  4 
(a)  and  (b)  of  Regulation  357  of  Revised  Regulations  of 
Ontario,  1980,  the  local  board  shall  require  of  pro- 
ducers, producer-graders,  dealers,  wholesalers  and 
processors  all  information  necessary  to  monitor 
sales  of  eggs  and  hatching  eggs. 

(2)  The  local  board  shall  establish  a  system  for 
verification  of  sales. 

(3)  The  local  board  shall  provide  all  information 
obtained  from  the  system  referred  to  in  subsection  (2) 
to  the  Agency  when  so  requested  by  the  Agency. 

12.  The  local  board  shall  take  all  reasonable 
steps  to  promote  a  high  degree  of  co-operation  between 
itself  and  the  Agency,  and  without  limiting  the 
generality  of  the  foregoing  shall, 

(a)  make  available  to  the  Agency  the  records, 
minutes  and  decisions  of  the  local  board 
in  relation  to  any  matter  that  is  of  concern 
to  the  Agency ; 

(b)  allow  an  officer  or  employee  of  the  Agency 
who  is  designated  by  the  Agency  for  such 
purpose  to  attend  meetings  of  the  local  board 
at  which  any  matter  that  is  of  concern  to 
the  Agency  is  likely  to  be  discussed  and  for 
such  purpose  shall  give  notice  of  all  such 
meetings  to  the  officer  or  employee  so 
designated;  and 

(c)  give  notice  to  the  Agency  of  each  order 
or  regulation  that  it  proposes  to  make 
that  is  likely  to  affect  the  Agency  in  its 
operations. 

13.  The  authority  and  powers  referred  to  in  Regu- 
lation 357  of  Revised  Regulations  of  Ontario,  1980  are 
limited  by  and  subject  to  the  provisions  of  this 
Schedule.     O.  Reg.  595/72,  Sched. 


Reg.  359 


FARM  PRODUCTS  MARKETING 


693 


REGULATION  359 

under  the  Farm  Products  Marketing  Act 


FRESH  GRAPES— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  fresh  grapes.     R.R.O.  1970,  Reg.  319,  s.  I,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  7. 

3.  The  members  of  the  local  board  shall  be  deemed 
to  be  the  shareholders  and  directors  thereof  in  the 
exercise  of  any  of  the  powers  mentioned  in  section  2. 
R.R.O.  1970,  Reg.  319,  s.  3. 


Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Fresh 
Grape  Growers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "fresh  grapes"  means  grapes  produced  in 
Ontario,  other  than  grapes  that  are  used 
by  a  processor  for  processing ; 

(b)  "processing"  means  the  manufacture  of 
grape  products  or  juice,  beverage,  spirits  or 
wine  from  grapes  and  includes  bottUng, 
distilling  or  fermenting  with  sugar  or 
sulphur  dioxide  or  any  other  chemical; 

(c)  "processor"  means  a  person  engaged  in  the 
business  of  processing  grapes ; 

(d)  "producer"  means  a  person  engaged  in  the 
production  of  fresh  grapes. 

3.  This  plan  applies  to  the  control  and  regulation 
in  any  or  all  respects  of  the  marketing  within  Ontario 
of  fresh  grap)es,  including  the  prohibition  of  such 
marketing  in  whole  or  in  part. 


4.  There  shall  be  a 
"The  Ontario  Fresh 
Board". 


local  board  to  be  known  as 
Grape    Growers'    Marketing 


5.  The  local  board  shall  be  composed  of  seven 
producer-members. 


6.  Producers  are  divided  into  seven  districts  as 
follows : 

1.  District  1,  consisting  of  the  City  of  Niagara 
Falls,  the  City  of  Welland  and  the  Town  of 
Pelham. 

2.  District  2,  consisting  of  the  Town  of 
Niagara-on-the-Lake. 

3.  District  3,  consisting  of  the  City  of  St. 
Catharines. 

4.  District  4,  consisting  of  that  part  of  the 
Town  of  Lincoln  lying  to  the  east  of  Road 
number  24  in  The  Regional  Municipality  of 
Niagara. 

5.  District  5,  consisting  of  that  part  of  the 
Town  of  Lincoln  lying  to  the  west  of  Road 
number  24  in  The  Regional  Municipality  of 
Niagara. 

6.  District  6,  consisting  of  the  Town  of 
Grimsby  and  the  Township  of  West  Lincoln. 

7.  District  7,  consisting  of  The  Regional 
Municipality  of  Hamilton- Wentworth. 

7. — (1)  Producers  in  each  of  the  districts  named  in 
section  6  form  a  district  group. 

(2)  A  producer  in  a  municipality  not  included  in 
a  district  mentioned  in  subsection  (1)  may  become  a 
member  of  the  district  group  of  producers  nearest  to 
his  place  of  production. 

8.  There  shall  be  a  committee  in  each  district  to 
be  known  as  the  "District  Fresh  Grajie  Growers' 
Committee". 

9.  On  or  before  the  15th  day  of  March  in  each 
year,  producers  in  each  district  shall  elect  from  pro- 
ducers in  the  district  one  representative  for  each 
fifty  producers  or  fraction  thereof  in  the  district  to 
the  District  Fresh  Grape  Growers'  Committee 
for  the  district. 

10. — (1)  On  or  before  the  15th  day  of  April  in 
each  year,  each  District  Fresh  Grape  Growers'  Com- 
mittee may  elect  from  the  producers  in  the  district 
one  member  to  the  local  board. 


(2)  No  person  is  eligible  for  election  from  any 
district  to  the  local  board  unless  he  resides  within  the 
district. 


694 


FARM  PRODUCTS  MARKETING 


Reg.  359 


(3)  Where  in  any  year,  a  District  Fresh  Grape 
Growers'  Committee  fails  to  elect  a  member  to  the 
local  board  in  accordance  with  subsection  (1),  the 
members  of  all  District  Fresh  Grape  Growers'  Com- 
mittees may,  on  or  before  the  30th  day  of  April  of 
that  year,  elect  a  member  from  that  district  to  the 
local  board. 

11. — (1)  At  its  first  meeting  after  the  30th  day  of 
April,  the  members  elected  to  the  local  board  shall 
appoint  such  producer- members  as  are  necessary  to 
complete  the  local  board. 

(2)  When  a  member  elected  or  appointed  to  the 
local  board  dies  or  resigns  before  the  30th  day  of 


April  of  the  year  next  following  the  date  of  his 
election  or  appointment,  the  members  of  the  local 
board  may  appoint  a  producer-member  for  the 
unexpired  term. 

(3)  Each  producer-member  appointed  as  a  member 
of  the  local  board  under  subsection  (1)  or  (2)  shall  be  a 
producer  in  the  district  for  which  he  is  appointed. 

(4)  Where  the  members  of  the  local  board  fail  to 
appoint  a  person  for  the  unexpired  term  of  a  member 
under  subsection  (2)  within  seven  days  from  the  death 
or  resignation  of  the  member,  the  Board  may  appoint 
a  person  for  the  unexpired  term.  R.R.O.  1970, 
Reg.  319,  Sched.;  O.  Reg.  537/72.  ss.  1-4. 


Reg.  360 


FARM  PRODUCTS  MARKETING 


695 


REGULATION  360 

under  the  Farm  Products  Marketing  Act 


FRESH  GRAPES— MARKETING 

1.  In  this  Regulation, 

(a)  "fresh  grapes"  means  grapes  produced  in 
Ontario,  other  than  grapes  that  are  used  by 
a  processor  for  processing ; 

(b)  "local  board"  means  The  Ontario  Fresh 
Grape  Growers'  Marketing  Board; 

(c)  "plan"  means  The  Ontario  Fresh  Grape 
Growers'  Marketing  Plan ; 

(d)  "processing"  means  the  manufacture  of 
grape  products  or  juice,  beverage,  spirits 
or  wine  from  grapes  and  includes  bottling, 
distilling  or  fermenting  with  sugar  or  sul- 
phur dioxide  or  any  other  chemical ; 

{e)  "processor"  means  a  person  engaged  in  the 
business  of  processing  grapes ; 

(/)  "producer"  means  a  person  engaged  in  the 
production  of  fresh  grapes.  R.R.O.  1970, 
Reg.  320,  s.  1. 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  marketing 
within  Ontario  of  fresh  grapes,  including  the  pro- 
hibition of  such  marketing  in  whole  or  in  part. 
R.R.O.  1970,  Reg.  320,  s.  2. 

POWERS   OF    LOCAL    BOARD 

3.  The  Board  delegates  to  the  local  board  the 
power, 

(a)  to  require  persons  engaged  in  producing  or 
marketing  fresh  grapes  to  register  their 
names,  addresses  and  occupations  with  the 
local  board ; 

(b)  to  require  persons  engaged  in  producing  or 
marketing  fresh  grapes  to  furnish  such 
information  relating  to  the  production  or 
marketing  of  fresh  grapes,  including  the 
completing  and  filing  of  returns  as  the  local 
board  determines ; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises 
and  any  fresh  grapes  of  persons  engaged 
in  the  marketing  of  fresh  grapes ; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  fresh  grapes  by  such  means  as 
it  considers  projser ; 


(e)  to  co-operate  with  a  marketing  board,  local 
board,  marketing  commission  or  marketing 
agency  of  Canada  or  of  any  province  in 
Canada  for  the  purpose  of  marketing  fresh 
grapes ; 

{/)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying 
out  of  the  provisions  of  the  Act,  the 
regulations  and  the  plan.  R.R.O.  1970, 
Reg.  320,  s.  3;    O.  Reg.  264/71,  s.  1  (1-3). 

4.  The  Board  delegates  to  the  local  board  its 
powers  to  make  regulations  with  respect  to  fresh 
grapes. 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 
to  engage  in  the  producing  or  marketing 
of  fresh  grapes ; 

(b)  prohibiting  persons  from  engaging  in  the 
producing  or  marketing  of  fresh  grapes 
except  under  the  authority  of  a  licence; 

(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by 
experience,  financial  responsibility  and 
equipment  to  engage  in  properly  the 
business  for  which  the  application  was  made, 
or  for  any  other  reason  that  the  local  board 
considers  proper ; 

(d)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew;  a  licence  for 
failure  to  observe,  perform  or  carry  out  the 
provisions  of  the  Act,  the  regulations,  the 
plan  or  any  order  or  direction  of  the  local 
board ; 

(e)  providing  for  the  fixing  of  licence  fees  payable 
yearly,  half-yearly,  quarterly  or  monthly  at 
different  amounts  or  in  instalments  from  any 
or  all  persons  producing  or  marketing  fresh 
grapes  and  the  collecting  of  the  licence  fees 
and  the  recovering  of  such  licence  fees  by  suit 
in  a  court  of  competent  jurisdiction; 

(/)  prescribing  the  form  of  licences ; 

ig)  providing  for  the  exemption  from  any  or  all 
of  the  regulations,  orders  or  directions 
under  the  plan  of  any  class,  variety,  grade 
or  size  of  fresh  grapes,  or  any  person  or  class 
of  persons  engaged  in  the  producing  or 
marketing  of  fresh  grapes  or  any  class, 
variety,  grade  or  size  of  fresh  grapes; 


696 


FARM  PRODUCTS  MARKETING 


Reg.  360 


(h)  requiring  the  furnishing  of  security  or  proof 
of  financial  responsibility  from  any  person 
engaged  in  the  marketing  of  fresh  grapes 
and  the  disposition  of  any  moneys  or 
securities  so  furnished ; 

(?)  providing  for  the  control  and  regulation  of 
the  marketing  of  fresh  grapes,  including 
the  times  and  places  at  which  fresh  grapes 
may  be  marketed ; 

(;■)  providing  for  the  control  and  regulation  of 
agreements  entered  into  by  producers  of 
fresh  grapes  with  persons  engaged  in 
marketing  or  processing  fresh  grapes,  and 
the  prohibition  of  any  provision  or  clause  in 
such  agreements ; 

(k)  requiring  any  person  who  produces  fresh 
grapes  to  offer  to  sell  and  to  sell  the 
fresh  grapes  through  the  local  board; 

(/)  prohibiting  any  person  from  packing  or 
packaging  any  fresh  grapes  that  have  not 
been  sold  by  or  through  the  local  board; 
and 

(m)  providing  for  the  making  of  agreements  re- 
lating to  the  marketing  of  fresh  grapes 
through  the  local  board,  and  prescribing 
the  forms  and  the  terms  and  conditions  of 
such  agreements.  R.R.O.  1970,  Reg.  320, 
s.  4;  O.  Reg.  356/79,  s.  1. 


LICENCE   FEES 

5. — (1)  The  Board  authorizes  the  local  board  to 
use  any  class  of  licence  fees,  service  charges  and  other 
moneys  payable  to  it  for  the  purposes  of  paying  the 
expenses  of  the  local  board,  carrying  out  and 
enforcing  the  Act  and  the  regulations  and  carrying 
out  the  purposes  of  the  plan.  R.R.O.  1970,  Reg.  320, 
s.  5(1);    O.  Reg.  264/71,  s.  2. 

(2)  The  Board  authorizes  the  local  board  to 
establish  a  fund  in  connection  with  the  plan  for 
the  payment  of  moneys  that  may  be  required  for 
the  purposes  mentioned  in  subsection  (1).  R.R.O. 
1970,  Reg.  320,  s.  5  (2). 


APPOINTMENT   OF    AGENTS 

6.  The  Board  authorizes  the  local  board  to 
appoint  agents,  to  prescribe  their  duties  and 
terms  and  conditions  of  employment  and  to  pro- 
vide for  their  remuneration.  R.R.O.  1970,  Reg. 
320.  s.  6. 


MARKETING    BY    LOCAL    BOARD 

7. — (1)  All  fresh  grajjes  shall  be  marketed  by  or 
through  the  local  board. 

(2)  No  person  shall  market  fresh  grapes  except 
by  or  through  the  local  board.  R.R.O.  1970,  Reg. 
320,  s.  7. 

8.  The  Board  vests  in  the  local  board  the  following 
powers : 

1 .  To  direct  and  control,  by  order  or  direction, 
either  as  principal  or  agent,  the  marketing 
of  fresh  grapes  including  the  times  and 
places  at  which  fresh  grapes  may  be 
marketed. 

2.  To  determine  the  quantity  of  each  class, 
variety,  grade  and  size  of  fresh  grapes  that 
shall  be  marketed  by  each  producer. 

3.  To  prohibit  the  marketing  of  any  class, 
variety,  grade  or  size  of  fresh  grapes. 

4.  To  determine  from  time  to  time  the  price 
or  prices  that  shall  be  paid  to  producers 
or  to  the  local  board,  as  the  case  may  be 
for  fresh  grapes  or  any  class,  variety, 
grade  or  size  of  fresh  grapes  and  to  deter- 
mine the  different  prices  for  different  parts 
of  Ontario. 

5.  To  fix  and  impose  service  charges  from  time 
to  time  for  the  marketing  of  fresh  grapes. 

6.  To  require  the  price  or  prices  payable  or 
owing  to  the  producer  for  fresh  grapes  to 
be  paid  to  or  through  the  local  board. 

7.  To  collect  from  any  person  by  suit  in  a 
court  of  competent  jurisdiction  the  price 
or  prices  or  any  part  thereof  of  fresh  grapes. 

8.  To  pay  from  service  charges  imposed  under 
paragraph  5  its  expenses  in  carrying  out 
the  purposes  of  the  plan. 

9.  To  pay  to  the  producers  the  price  or 
prices  for  fresh  grapes,  less  service  charges 
imposed  under  paragraph  5,  and  to  fix  the 
times  at  which  or  within  which  such 
payments  shall  be  made.  R.R.O.  1970, 
Reg.  320,  s.  8;    O.  Reg.  264/71,  s.  3  (I,  2K 

9.  Each  payment  under  paragraph  9  of  section  8 
shall  be  accompanied  by  a  statement  showing  the 
varieties,  grades  of  each  variety  and  the  quantity  of 
each  grade  of  fresh  grapes  sold,  and  the  price  or 
prices  paid  and  the  particulars  of  the  service 
charges  imposed  by  the  local  board.  R.R.O.  1970, 
'Reg.  320,  s.  9. 


Reg.  361 


FARM  PRODUCTS  MARKETING 


697 


REGULATION  361 

under  the  Farm  Products  Marketing  Act 


FRESH  POTATOES— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  fresh  potatoes.     O.  Reg.  341/79,  s.  1,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  IS  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  IS  (2)  and  in  sections  SO  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
341/79,  s.  2. 

3.  The  members  of  the  local  board  named  in  the 
Schedule  shall  be  deemed  to  be  the  shareholders  and 
directors  of  the  local  board  in  the  exercise  of  the  powers 
vested  in  the  local  board  under  section  2.  O.  Reg. 
341/79,  s.  3. 

Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Fresh 
Potato  Growers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "fresh  potatoes"  means  potatoes  produced  in 
Ontario  other  than  potatoes  that  are  used  by  a 
processor  for  processing  or  potatoes  that  are 
sold  as  certified  seed; 

(b)  "packer"  means  a  person  who  packs  fresh 
potatoes  of  a  grade  recognized  under  the 
Farm  Products  Grades  and  Sales  Act  or  the 
Canada  Agricultural  Products  Standards  Act; 

(c)  "processing"  means, 

(i)  canning,  dehydrating,  chipping,  dry- 
ing, freezing  or  processing  with  any 
chemical  or  by  heat  and  combining  or 
mixing  potatoes  with  one  or  more  other 
vegetables,  or 

(ii)  entering  into  a  contract  for  the  purch- 
ase of  potatoes  for  the  purpose  of  per- 
forming on  the  potatoes  any  of  the 
operations  mentioned  in  subclause  (i); 

(d)  "processor"  means  a  person  engaged  in  the 
business  of  processing  fresh  potatoes; 

(e)  "producer"  means  a  person  engaged  in  the 
production  of  fresh  potatoes; 


if)  "producer-packer"  means  a  person  who  is 
engaged  in  the  production  of  fresh  potatoes 
and  who  packs  fresh  potatoes  of  a  grade  rec- 
ognized under  the  Farm  Products  Grades  and 
Sales  Act  or  the  Canada  Agricultural  Products 
Standards  Act. 

3.  This  plan  provides  for  the  control  and  regulation 
in  any  or  all  respects  of  the  marketing  within  Ontario  of 
fresh  potatoes  including  the  prohibition  of  such  mar- 
keting in  whole  or  in  part. 

4.  There  shall  be  a  local  board  to  be  known  as  "The 
Ontario  Fresh  Potato  Growers'  Marketing  Board". 

S. — (1)  The  local  board  shall  be  composed  of  nine 
producer-members. 

(2)  For  the  purpose  of  electing  producer  representa- 
tives to  and  eligibility  to  hold  office  as  a  member  of  the 
local  board  or  a  District  Fresh  Potato  Growers'  Com- 
mittee under  sections  9  to  13,  a  producer  who  is  exemp- 
ted from  the  application  of  Regulation  362  of  Revised 
Regulations  of  Ontario,  1980  shall  be  deemed  not  to  be 
a  producer  for  the  purpose  of  such  election  or  eligi- 
bility. 

6.  Members  of  the  local  board  shall  be  elected  or 
appointed  in  accordance  with  the  provisions  of  the  plan 
and  shall  hold  office  until  their  successors  are  elected  or 
appointed. 

7.  Producers  are  divided  into  seven  districts  as  fol- 
lows: 

1.  District  1,  comprising  the  counties  of  Essex 
and  Kent. 

2.  District  2,  comprising  the  counties  of  Elgin, 
Huron,  Lambton,  Middlesex  and  Perth. 

3.  District  3,  comprising  the  counties  of  Brant 
and  Oxford  and  the  regional  municipalities  of 
Haldimand-Norfolk,  Hamilton- Wentworth 
and  Niagara. 

4.  District  4,  comprising  the  counties  of  Bruce, 
Dufferin,  Grey  and  Wellington  and  the  reg- 
ional municipalities  of  Halton,  Peel  and 
Waterloo. 

5 .  District  5 ,  comprising  the  County  of  Simcoe 
and  The  Regional  Municipality  of  York. 

6.  District  6,  comprising  the  counties  of  Dundas, 
Frontenac,  Glengarry,  Grenville,  Hastings, 
Lanark,  Leeds,  Lennox  and  Addington, 
Northumberland,    Peterborough,    Prescott, 


698 


FARM  PRODUCTS  MARKETING 


Reg.  361 


Prince  Edward,  Renfrew,  Russell,  Stormont 
and  Victoria,  the  Territorial  District  of  Parry 
Sound,  The  District  Municipality  of  Mus- 
koka,  the  regional  municipalities  of  Durham 
and  Ottawa-Carleton  and  the  Provisional 
County  of  Haliburton. 

7.  District  7,  comprising  the  territorial  districts 
of  Algoma,  Cochrane,  Kenora,  Manitoulin, 
Nipissing,  Rainy  River,  Sudbury,  Thunder 
Bay  and  Timiskaming. 

8.  Producers  in  each  of  the  districts  named  in  section 
7  form  a  district  group  of  producers. 

9. — (1)  There  shall  be  a  committee  in  each  district  to 
be  known  as  the  "District  Fresh  Potato  Growers'  Com- 
mittee". 

(2)  The  number  of  producer  representatives  on  each 
District  Fresh  Potato  Growers'  Committee  shall  be 
determined  on  the  basis  of  one  representative  for  each 
twenty  producers  or  fraction  thereof. 

10.  On  or  before  the  1st  day  of  December,  1979  and 
in  each  year  thereafter,  the  producers  in  each  district 
shall  elect  representatives  to  the  District  Fresh  Potato 
Growers'  Committee. 

11. — (1)  On  or  before  the  ISth  day  of  December  in 
each  year,  the  members  of  each  District  Fresh  Potato 
Growers'  Committee  shall  elect  from  among  them- 
selves members  to  the  local  board  as  follows: 

1.  District  1,  one  member. 

2.  District  2,  one  member. 

3.  District  3,  one  member. 


4.  District  4,  one  member. 

5.  District  5,  three  members. 

6.  District  6,  one  member. 

7.  District  7,  one  member. 

(2)  No  person  is  eligible  for  election  from  any  district 
to  the  local  board  unless  he  is  a  producer  in  the  district. 

(3)  The  terms  of  office  of  members  of  the  local  board 
expire  on  the  15th  day  of  December  in  the  year  next 
following  the  date  of  their  election  or  appointment. 

12. — (1)  Where  in  any  year  a  District  Fresh  Potato 
Growers'  Committee  fails  to  elect  one  or  more  members 
to  the  local  board  in  accordance  with  subsection  11  (1), 
the  members  of  the  local  board  shall,  at  its  first  meet- 
ing after  the  ISth  day  of  December  in  that  year, 
appoint  such  producer-members  as  are  necessary  to 
complete  the  local  board. 

(2)  Where  a  member  elected  or  appointed  to  the  local 
board  dies,  resigns  or  otherwise  ceases  to  be  a  member 
before  the  15  th  day  of  December  in  the  year  next  fol- 
lowing the  date  of  his  election  or  appointment,  the 
members  of  the  District  Fresh  Potato  Growers'  Com- 
mittee may,  within  fourteen  days  thereafter,  appoint  a 
producer-member  for  the  unexpired  term  and  in  default 
of  such  appointment  the  local  board  shall  appoint  a 
producer-member  for  the  unexpired  term  in  the  same 
manner  as  under  subsection  (1). 

(3)  Each  producer-member  appointed  a  member  of 
the  local  board  under  subsection  (1)  or  (2)  shall  be  a 
producer  eligible  under  subsection  11  (2).  O.  Reg. 
341/79,  Sched. 


Reg.  362 


FARM  PRODUCTS  MARKETING 


699 


REGULATION  362 


under  the  Farm  Products  Marketing  Act 
FRESH  POTATOES— MARKETING  4.  The  Board  delegates  to  the  local  board  the  power, 


1.  In  this  Regulation, 

(a)  "fresh  potatoes"  means  potatoes  produced  in 
Ontario  other  than  potatoes  that  are  used  by  a 
processor  for  processing  or  potatoes  that  are 
sold  as  certified  seed; 

(b)  "local  board"  means  The  Ontario  Fresh 
Potato  Growers'  Marketing  Board; 

(c)  "packer"  means  a  person  who  packs  fresh 
potatoes  of  a  grade  recognized  under  the 
Farm  Products  Grades  and  Sales  Act  or  the 
Canada  Agricultural  Products  Standards  Act; 

(d)  "plan"  means  The  Ontario  Fresh  Potato 
Growers'  Marketing  Plan; 

(e)  "processing"  means, 

(i)  canning,  dehydrating,  chipping,  dry- 
ing, freezing  or  processing  with  any 
chemical  or  by  heat  and  combining  or 
mixing  potatoes  with  one  or  more  other 
vegetables,  or 

(ii)  entering  into  a  contract  for  the  purch- 
ase of  potatoes  for  the  purpose  of  per- 
forming on  the  potatoes  any  of  the 
operations  mentioned  in  subclause  (i); 

(/)  "processor"  means  a  person  engaged  in  the 
business  of  processing  fresh  potatoes; 

(g)  "producer"  means  a  person  engaged  in  the 
production  of  fresh  potatoes; 

(h)  "producer-packer"  means  a  person  who  is 
engaged  in  the  production  of  fresh  potatoes 
and  who  packs  fresh  potatoes  of  a  grade  rec- 
ognized under  the  Farm  Products  Grades  and 
Sales  Act  or  the  Canada  Agricultural  Products 
Standards  Act.     O.  Reg.  342/79,  s.  1. 

2.  This  Regulation  provides  for  the  control  and  reg- 
ulation in  any  or  all  respects  of  the  marketing  within 
Ontario  of  fresh  potatoes,  including  the  prohibition  of 
such  marketing  in  whole  or  in  part.  O.  Reg.  342/79, 
s.  2. 

3.  The  Board  exempts  from  this  Regulation  any  per- 
son or  persons  who  produce  less  than  five  acres  of 
potatoes.     O.  Reg.  342/79,  s.  3. 


(a)  to  require  persons  engaged  in  producing  or 
marketing  fresh  potatoes  to  register  their 
names,  addresses  and  occupations  with  the 
local  board; 

(b)  to  require  persons  engaged  in  producing  or 
marketing  fresh  potatoes  to  furnish  such 
information  relating  to  the  production  or 
marketing  of  fresh  potatoes,  including  the 
completing  and  filing  of  returns,  as  the  local 
board  determines; 

(f )  to  appoint  persons  to, 

(i)  inspect  the  books,  records,  documents, 
lands  and  premises  and  any  fresh 
potatoes  of  persons  engaged  in  pro- 
ducing or  marketing  fresh  potatoes, 

(ii)  to  enter  on  lands  or  premises  used  for 
the  producing  of  any  fresh  potatoes 
and  measure  the  area  of  land  used  to 
produce  fresh  potatoes; 

{d)  to  stimulate,  increase  and  improve  the  mar- 
keting of  fresh  potatoes  by  such  means  as  it 
considers  proper;  and 

{e)  to  co-operate  with  a  marketing  board,  a  local 
board,  marketing  commission  or  marketing 
agency  of  Canada  or  of  any  province  of  Cana^ 
da  for  the  purpose  of  marketing  fresh 
potatoes.    O.  Reg.  342/79,  s.  4. 

5.  The  Board  delegates  to  the  local  board  its  powers 
to  make  regulations  with  respect  to  fresh  potatoes, 

(a)  providing  for  the  licensing  of  any  or  all  per- 
sons before  commencing  or  continuing  to 
engage  in  the  producing  or  marketing  of  fresh 
potatoes; 

(b)  prohibiting  persons  from  engaging  in  the  pro- 
ducing or  marketing  of  fresh  potatoes  except 
under  the  authority  of  a  licence; 

(f )  providing  for  the  suspension  or  revocation  of, 
or  the  refusal  to  renew,  a  licence  for  failure  to 
observe,  perform  or  carry  out  the  provisions 
of  the  Act,  the  regulations,  the  plan  or  any 
order  or  direction  of  the  local  board; 

(d)  providing  for  the  fixing  of  licence  fees  payable 
yearly,  half-yearly,  quarterly  or  monthly,  at 
different  amounts  or  in  instalments,  from  any 


700 


FARM  PRODUCTS  MARKETING 


Reg.  362 


or  all  persons  producing  or  marketing  fresh 
potatoes  and  the  collecting  of  licence  fees  and 
the  recovering  of  the  licence  fees  by  suit  in  a 
court  of  competent  jurisdiction; 

(e)  prescribing  the  form  of  licences.     O.  Reg. 

342/79,  s.  5. 

6.  Any  producer-packer  or  packer  who  receives 
fresh  potatoes  shall  deduct  from  the  moneys  payable  for 
the  fresh  potatoes  any  licence  fees  payable  to  the  local 
board  by  the  person  from  whom  he  receives  the  fresh 


potatoes  and  shall  forward  such  licence  fees  to  the  local 
board.     O.  Reg.  342/79,  s.  6. 

7. — (1)  The  Board  authorizes  the  local  board  to  use 
any  licence  fees  and  other  moneys  payable  to  it  for  the 
purposes  of  paying  the  expenses  of  the  local  board, 
carrying  out  and  enforcing  the  Act  and  the  regulations 
and  carrying  out  the  purposes  of  the  plan. 

(2)  The  Board  authorizes  the  local  board  to  establish 
a  fund  in  connection  with  the  plan  for  the  payment  of 
any  moneys  that  may  be  required  for  the  purposes 
mentioned  in  subsection  (1).     O.  Reg.  342/79,  s.  7. 


Reg.  363 


FARM  PRODUCTS  MARKETING 


701 


REGULATION  363 

under  the  Farm  Products  Marketing  Act 


GRAPES  FOR  PROCESSING— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  grapes.     R.R.O.  1970,  Reg.  323,  s.  1. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  IS  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  IS  (2)  and  in  sections  SO  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  8. 

3.  The  members  of  the  local  board  shall  be 
deemed  to  be  the  shareholders  and  the  directors 
thereof  in  the  exercise  of  any  of  the  powers  men- 
tioned in  section  2.     R.R.O.  1970,  Reg.  323,  s.  3. 

Schedule 

Farm  Products  Marketing  Act 

PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Grape 
Growers'  Marketing-for-Processing  Plan". 

2.  In  this  plan, 

(a)  "grapes"  means  grapes  produced  in  Ontario, 
except  grapes  used  for  any  purpose  other 
than  processing  by  a  processor. 

(b)  "processing"  means  the  manufacture  of 
grape  products  or  juice,  beverage  spirits 
or  wine  from  grapes  and  includes  bottUng, 
distilling  or  fermenting  or  processing  with 
sugar  or  sulphur  dioxide  or  any  other 
chemical ; 

(c)  "processor"  means  a  person  engaged  in  the 
business  of  processing  grapes. 

{d)  "producer"  means  a  person  engaged  in  the 
production  of  grapes. 

3.  This  plan  applies  to  the  control  and  regulation 
in  any  or  all  respects  of  the  marketing  within 
Ontario  of  grapes. 

4.  There  shall  be  a  local  board  to  be  known  as 
"The  Ontario  Grape  Growers'  Marketing  Board". 

5.  The  local  board  shall  be  composed  of  seven 
producer-members . 

6.  Members  of  the  local  board  shall  be  elected  or 
appointed  in  accordance  with  the  provisions  of  this 


plan  and  shall  hold  office  until  their  successors  are 
elected  or  appointed. 

7. — (1)  Producers  are  divided  into  six  districts 
composed  as  follows: 

1 .  District  1 ,  consisting  of  the  Town  of  Niagara- 
on-the-Lake,  in  The  Regional  Municipality 
of  Niagara. 

2.  District  2,  consisting  of  the  City  of  St. 
Catharines,  in  The  Regional  Municipality  of 
Niagara. 

3.  District  3,  consisting  of  the  Town  of  Lincoln, 
in  The  Regional  Municipality  of  Niagara. 

4.  District  4,  consisting  of  the  Town  of  Grimsby 
and  the  Township  of  West  Lincoln,  in  The 
Regional  Municipality  of  Niagara. 

5.  District  S,  consisting  of  the  Judicial  District 
of  Niagara  South,  in  The  Regional  Munici- 
pality of  Niagara. 

6.  District  6,  consisting  of  The  Regional 
Municipality  of  Hamilton- Wentworth. 

(2)  A  producer  in  an  area  of  Ontario  not  included 
in  a  district  mentioned  in  subsection  (1)  may  become 
a  member  of  the  district  group  of  producers  nearest 
to  his  place  of  production. 

8.  Producers  in  each  of  the  districts  named  in 
section  7  form  a  district  group. 

9.  There  shall  be  a  committee  which  shall  be 
known  as  "The  Grape  Growers'  Committee". 

10.  On  or  before  the  15th  day  of  April  in  each 
year  each  district  group  shall  elect  representatives 
to  The  Grape  Growers'  Committee  on  the  basis 
of  one  representative  for  each  fifty  producers  or 
fraction  thereof. 

11.  On  or  before  the  30th  day  of  April  in  each 
year,  The  Grape  Growers'  Committee  may  elect  one 
producer-member  to  the  local  board  from  each  of 
the  districts  mentioned  in  subsection  7  (1)  and  one  pro- 
ducer-member to  the  local  board  from  any  of  the  dis- 
tricts mentioned  in  subsection  7  (1). 

12. — (1)  If  a  district  group  fails  to  hold  a 
meeting  for  the  purpose  mentioned  in  section  10  on 
or  before  the  15th  day  of  April  in  any  year,  the 
Board  shall  fix  a  day  as  soon  as  practicable  for  that 
purpose. 


702 


FARM  PRODUCTS  MARKETING 


Reg.  363 


(2)  If  The  Grape  Growers'  Committee  fails  to  hold 
a  meeting  for  the  purposes  mentioned  in  section  11 
on  or  before  the  30th  day  of  April  in  any  year, 
the  Board  shall  fix  a  day  as  soon  as  is  practicable 
for  that  purpose. 

13. — (1)  At  its  first  meeting  after  the  30th  day 
of  April  the  members  elected  to  the  local  board 
shall  appoint  such  producer-members  as  are 
necessary  to  complete  the  local  board. 

(2)  When  a  member  elected  or  appointed  to  the 


local  board  dies  or  resigns  before  the  30th  day  of 
April  of  the  year  next  following  the  date  of  his 
election  or  appointment,  the  members  of  the  local 
board  may  appoint  a  producer-member  for  the 
unexpired  term. 


(3)  Each  producer-member  appointed  a  member  to 
the  local  board  under  subsection  (1)  or  (2)  shall  be  a 
producer  in  the  district  for  which  he  is  appointed. 
R.R.O.  1970,  Reg.  323,  Sched.;  O.  Reg.  131/73,  ss. 
1-4;  O.  Reg.  953/75,  s.  1. 


Reg.  364 


FARM  PRODUCTS  MARKETING 


703 


REGULATION  364 


under  the  Farm  Products  Marketing  Act 
GRAPES  FOR  PROCESSING— MARKETING 
1.  In  this  Regulation, 


(a)  "grapes"  means  grapes  produced  in  Ontario, 
except  grapes  used  for  any  purpose  other 
than  processing  by  a  processor ; 

{b)  "local  board"  means  The  Ontario  Grape 
Growers'  Marketing  Board ; 

(c)  "plan"  means  The  Ontario  Grape  Growers' 
Marketing-for-Processing  Plan ; 

{d)  "processing"  means  the  manufacture  of 
grape  products  or  juice,  beverage  spirits  or 
wine  from  grapes  and  includes  bottling, 
distilling. or  fermenting  or  processing  with 
sugar  or  sulphur  dioxide  or  any  other 
chemical ; 

(e)  "processor"  means  a  person  engaged  in 
the  business  of  processing  grapes ; 

(/)  "producer"  means  a  person  engaged  in  the 
production  of  grapes.  R.R.O.  1970,  Reg. 
324,  s.  1;  O.  Reg.  202/73,  s.  1  (1,  2). 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  marketing 
within  Ontario  of  grapes,  including  the  prohibition 
of  such  marketing  in  whole  or  in  part.  R.R.O. 
1970,  Reg.  324,  s.  2;    O.  Reg.  265/71,  s.  1. 


3. — (1)  No  person  shall  commence  or  continue  to 
engage  in  the  processing  of  grapes  except  under  the 
authority  of  a  licence  as  a  processor  of  grapes  in  Form  2 . 

(2)  No  licence  in  Form  2  shall  be  issued  except  upon 
application  thereof  in  Form  1.  R.R.O.  1970,  Reg. 
324,  s.  4  (1,  2). 

(3)  A  licence  in  Form  2  expires  with  the  31st  day  of 
January  next  following  the  date  on  which  the  licence  is 
issued.     O.  Reg.  22/72,  s.  1. 

(4)  A  licence  in  Form  2  shall  be  issued  without 
charge.     R.R.O.  1970,  Reg.  324,  s.  4  (4). 


4. — (1)  The  Board  may  refuse  to  grant  a  licence 
where  the  appUcant  is  not  qualified  by  experience, 
financial  responsibility  and  equipment  to  engage  in 
properly  the  business  for  which  the  application  was 
made,  or  for  any  other  reason  that  the  Board 
considers  proper. 


(2)  The  Board  may  suspend  or  revoke  or  refuse  to 
renew  a  licence  for  failure  to  observe,  perform  or 
carry  out  the  provisions  of  the  Act,  the  regulations, 
the  plan  or  any  order  or  direction  of  the  Board  or 
the  local  board.     R.R.O.  1970,  Reg.  324,  s.  5. 

POWERS    OF    LOCAL    BOARD 

5.  The  Board  delegates  to  the  local  board  the 
power, 

(a)  to  require  persons  engaged  in  producing  or 
marketing  grapes  to  register  their  names, 
addresses  and  occupations  with  the  local 
board ; 

(b)  to  require  persons  engaged  in  producing  or 
marketing  grapes  to  furnish  such  informa- 
tion relating  to  the  production  or  marketing 
of  grapes,  including  the  completing  and 
filing  of  returns  as  the  local  board 
determines ; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises 
and  any  grapes  of  persons  engaged  in  the 
marketing  of  grapes ; 

{d)  to  stimulate,  increase  and  improve  the 
marketing  of  grapes  by  such  means  as  it 
considers  proper ; 

(e)  to  co-operate  with  a  marketing  board,  local 
board,  marketing  commission  or  marketing 
agency  of  Canada  or  of  any  province  in 
Canada  for  the  purpose  of  marketing  grapes ; 

(/)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying 
out  of  the  provisions  of  the  Act,  the  regula- 
tions and  the  plan.  R.R.O.  1970,  Reg. 
324,  s.  6;    O.  Reg.  265/71,  s.  2  (1-3). 

6.  The  Farm  Products  Marketing  Board  delegates 
to  the  local  board  its  powers  to  make  regulations 
with  respect  to  grapes, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  other  than  processors  before  com- 
mencing or  continuing  to  engage  in  the 
producing  or  marketing  of  grapes ; 

(b)  prohibiting  persons  other  than  processors 
from  engaging  in  the  producing  or  market- 
ing of  grapes  except  under  the  authority 
of  a  licence  issued  by  the  local  board ; 


704 


FARM  PRODUCTS  MARKETING 


Reg.  364 


(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by 
experience,  financial  responsibility  and 
equipment  to  engage  in  properly  the  busi- 
ness for  which  the  application  was  made, 
or  for  any  other  reason  that  the  local 
board  considers  proper ; 

{d)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew,  a  licence  for 
failure  to  observe,  perform  or  carry  out  the 
provisions  of  the  Act,  the  regulations,  the 
plan  or  any  order  or  direction  of  the  local 
board ; 

(e)  providing  for  the  fixing  of  licence  fees  pay- 
able yearly,  half-yearly,  quarterly  or 
monthly  at  different  amounts  or  in  instal- 
ments from  any  or  all  persons  producing 
or  marketing  grapes  other  than  processors 
and  the  collecting  of  the  licence  fees  and 
the  recovering  of  such  licence  fees  by  suit 
in  a  court  of  competent  jurisdiction; 

(/)  requiring  any  person  who  receives  grapes  to 
deduct  from  the  moneys  payable  for  the 
grapes  any  licence  fees  payable  to  the  local 
board  by  the  person  from  whom  he  receives 
the  grapes,  and  to  forward  such  licence 
fees  to  the  local  board ; 

{g)  requiring  any  person  who  produces  and 
processes  grapes  to  furnish  to  the  local 
board  statements  of  the  amounts  of  grapes 
that  he  produced  in  any  year  and  used  for 
processing ; 

(h)  prescribing  the  form  of  licences ; 

(i)  requiring  the  furnishing  of  security  or  proof 
of  financial  responsibility  by  any  person 
engaged  in  the  marketing  of  grapes  and 
providing  for  the  administration  and  dis- 
position of  any  moneys  or  securities  so 
furnished;  and 

(j)  providing  for  the  control  and  regulation 
of  the  marketing  of  grapes,  including  the 
times  and  places  at  which  grapes  may  be 
marketed ; 

(k)  providing  for  the  control  and  regulation  of 
agreements  entered  into  by  producers  of 
grapes  with  persons  engaged  in  marketing 
or  processing  grapes,  and  the  prohibition 
of  any  provision  or  clause  in  such  agree- 
ments ; 

(/)  requiring  any  person  who  produces  and 
processes  grapes  to  furnish  to  the  local 
board  statements  of  the  amounts  of  graj)es 
he  produced  in  any  year  and  used  for 
processing ; 


(m)  requiring  any  person  who  produces  grapes 
to  offer  to  sell  and  to  sell  the  grapes  through 
the  local  board ; 

(n)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  grapes  that  have 
not  been  sold  through  the  local  board; 

(o)  providing  for  the  making  of  agreements  re- 
lating to  the  marketing  of  grapes  through 
the  local  board,  and  prescribing  the  forms 
and  the  terms  and  conditions  of  such 
agreements.  R.R.O.  1970,  Reg.  324,  s.  7; 
O.  Reg.  265/71,  s.  3(1,2). 

7. — (1)  The  Board  authorizes  the  local  board  to 
use  any  class  of  licence  fees  and  other  moneys  pay- 
able to  it,  for  the  purposes  of  paying  the  expenses  of 
the  local  board,  carrying  out  and  enforcing  the  Act 
and  the  regulations  and  carrying  out  the  purposes 
of  the  plan. 

(2)  The  Board  authorizes  the  local  board  to  estab- 
lish a  fund  in  connection  with  the  plan  for  the  pay- 
ment of  any  moneys  that  may  be  required  for  the 
purposes  mentioned  in  subsection  (1).  R.R.O.  1970, 
Reg.  324,  s.  8. 

8.  The  Board  authorizes  the  local  board  to 
conduct  a  pool  or  pools  for  the  distribution  of  all 
moneys  received  from  the  sale  of  grapes  and,  after 
deducting  all  necessary  and  proper  disbursements 
and  expenses,  to  distribute  the  remainder  of  the 
moneys  received  from  the  sale  in  such  manner  that 
every  producer  receives  a  share  of  the  remainder 
of  the  moneys  received  from  the  sale  in  relation  to 
the  amount,  class,  variety,  grade  or  size  of  the  grapes 
delivered  by  him,  and  authorizes  the  local  board  to 
make  an  initial  payment  on  delivery  of  the  grapes 
and  subsequent  payments  until  all  of  the  remainder 
of  the  moneys  received  from  the  sale  is  distributed 
to  the  producers.     O.  Reg.  265/71,  s.  4. 

9.  The  Board  authorizes  the  local  board  to  re- 
quire the  price  or  prices  payable  or  owing  to  the 
producers  for  grapes  to  be  paid  to  or  through  the 
local  board  and  to  recover  such  price  or  prices  by 
suit  in  a  court  of  competent  jurisdiction.  R.R.O. 
1970,  Reg.  324,  s.  10;    O.  Reg.  265/71,  s.  5. 

10.  The  Board  authorizes  the  local  board  to 
prohibit  the  marketing  of  any  class,  variety,  grade 
or  size  of  grapes.     O.  Reg.  265/71,  s.  6. 

11.  The  Board  vests  in  the  local  board  the 
power  to  purchase  or  otherwise  acquire  such 
quantity  or  quantities  of  grapes  as  the  local  board 
considers  advisable  and  to  sell  or  otherwise  dispose 
of  any  of  the  grapes  so  purchased  or  acquired. 
O.  Reg.  728/75,  s.  1. 

APPOINTMENT    OF   AGENTS 

12.  The  Board  authorizes  the  local  board  to  ap- 
point agents,  to  prescribe  their  duties  and  terms  and 


Reg.  364 


FARM  PRODUCTS  MARKETING 


705 


conditions  of  employment  and  to  provide  for  their 
remuneration.     R.R.O.  1970,  Reg.  324,  s.  12. 


NEGOTIATING    AGENCIES 

13. — (1)  There  shall  be  a  negotiating  agency  to  be 
known  as  "The  Negotiating  Committee  for  Grapes 
for  Processing"  composed  of  six  persons,  three  of 
whom  shall  be  appointed  annually  by  the  local  board 
and  three  of  whom  shall  be  appointed  annually  by 
the  processors. 

(2)  The  local  board  and  the  processors  shall  ap- 
point their  respective  members  of  The  Negotiating 
Committee  for  Grapes  for  Processing  and  shall 
notify  the  Board  in  writing  of  their  names  and 
addresses  not  later  than  the  1st  day  of  August  in 
each  year. 

(3)  Subject  to  subsections  (4)  and  (5),  the  members 
of  the  negotiating  agency  are  and  remain  members 
until  the  3 1st  day  of  December  of  the  year  in  which  the 
members  were  appointed. 

(4)  Where  a  member  of  the  negotiating  agency 
dies  or  resigns  or  is  unavailable  to  act  before  the 
expiration  of  his  term  of  membership,  the  local  board 
or  the  processors,  as  the  case  may  be,  who  ap- 
pointed him  shall  appoint  a  person  for  the  unexpired 
term  of  the  member  who  died,  resigned  or  was 
unavailable  to  act. 

(5)  Where  the  local  board  or  the  processors,  as 
the  case  may  be,  fail  to  appoint  the  persons  under 
subsection  (2),  the  Board  shall  appoint  such  persons  as 
are  necessary  to  complete  the  negotiating  agency. 

(6)  Where  the  local  board  or  the  processors,  as 
the  case  may  be,  fail  to  make  an  appointment 
under  subsection  (4)  within  seven  days  after  a 
vacancy  occurs,  the  Board  may  appoint  such 
persons  as  are  necessary  to  complete  the  negotiating 
agency.     R.R.O.  1970,  Reg.  324,  s.  13. 

14.  The  Negotiating  Committee  for  Grapes  for 
Processing  is  empowered  to  adopt  or  settle  by  agree- 
ment minimum  prices  for  grapes  or  for  any  classT 
variety,  grade  or  size  of  grapes.  R.R.O.  1970, 
Reg.  324,  s.  14. 

15.  A  meeting  of  the  negotiating  agency  may  be 
convened  by  a  notice  in  writing  given  by  the  three 
members  of  the  negotiating  agency  appointed  by  the 
local  board,  or  by  the  processors,  to  the  other 
members  of  the  negotiating  agency  at  least  seven 
days,  but  not  more  than  ten  days,  before  the  date  of 
the  meeting  stating  the  time  and  place  of  the 
meeting.     R.R.O.  1970,  Reg.  324,  s.  15. 

ARBITRATION 

16. — (1)  Where  a  meeting  of  a  negotiating  agency 
is  not  held  in  accordance  with  the  notice  required 
by  section  15,  or  where  a  meeting  is  held  and  the 
negotiating  agency  does  not  arrive  at  an  agreement 
respecting  all  matters  that  it  is  empowered  to  adopt 


or  settle  by  agreement,  on  or  before  the  20th  day  of 
August  in  any  year,  the  matters  in  dispute  shall  be 
referred  by  the  Board  to  an  Arbitration  Board. 

(2)  Where  a  negotiating  agency  decides  before  the 
20th  day  of  August  that  an  agreement  on  all  matters 
that  it  is  empowered  to  adopt  or  settle  by  agree- 
ment cannot  be  reached,  it  shall  so  notify  the  Board. 

(3)  Where  the  negotiating  agency  does  not  arrive 
at  an  agreement  under  subsections  (1)  or  (2),  it  may 
submit  in  writing  to  the  Board  a  statement  or  state- 
ments of  the  matters  in  dispute.  R.R.O.  1970,  Reg. 
324,  s.  16. 

17. — (1)  The  Arbitration  Board  shall  be  composed 
of  three  members. 

(2)  One  member  may  be  appointed  by  the  three 
members  of  the  negotiating  agency  appointed  by 
the  local  board  and  one  other  member  may  be 
appointed  by  the  three  members  of  the  negotiat- 
ing agency  appointed  by  the  processors. 

(3)  Where  two  members  are  appointed  to  the 
Arbitration  Board  in  accordance  with  subsection  (2), 
the  two  members  so  appointed  may  appoint  a  third 
member  to  the  Arbitration  Board,  but,  where  the  two 
members  fail  to  agree  on  the  third  member  within 
seven  days  after  the  Board  was  notified  under  sub- 
section 16  (2),  or  the  20th  day  of  August,  as  the  case 
may  be,  the  Board  shall  appoint  the  third  member. 

(4)  Where  the  three  members  of  the  negotiating 
agency  appointed  by  the  local  board  or  the  three 
members  of  the  negotiating  agency  appointed  by  the 
processors,  as  the  case  may  be,  faU  to  appoint  a 
member  to  the  Arbitration  Board  in  accordance 
with  subsection  (2)  within  seven  days  after  the  Board 
was  notified  under  subsection  16  (2),  or  the  20th  day  of 
August,  as  the  case  may  be,  the  Board  may  appoint 
such  members  as  are  necessary  to  complete  the  Arbi- 
tration Board. 

(5)  The  Board  shall  submit  to  the  Board  of  Arbitra- 
tion any  statement  or  statements  of  the  matters  in  dis- 
pute received  from  the  negotiating  agency  under  sub- 
section 16  (3). 

(6)  The  Arbitration  Board  shall  meet  forthwith 
after  the  appointment  of  the  three  members  thereof 
and  shall  make  an  award  in  respect  of  the  matters 
referred  to  it,  or  all  matters  that  the  negotiating 
agency  is  empowered  to  adopt  or  settle  by  agree- 
ment, as  the  case  may  be.  R.R.O.  1970,  Reg.  324, 
s.  17. 

ADVISORY  COMMITTEE 

18. — (1)  There  shall  be  an  advisory  committee 
to  be  known  as  "The  Grapes  for  Processing  Industry 
Advisory  Committee"  composed  of  a  chairman  and 
eight  members. 

(2)  After  the  1st  day  of  April  and  before  the 
30th  day  of  April  in  each  year, 


706 


FARM  PRODUCTS  MARKETING 


Reg.  364 


(a)  the  Board  shall  appoint  the  chairman ; 

{b)  the  local  board  shall  appoint  four  members ; 

(c)  the  Canadian  Wine  Institute  shall  appoint 
three  members;  and 

(d)  the  Ontario  Food  Processors  Association 
shall  appoint  one  member, 

of  The  Grapes  for   Processing   Industry   Advisory 
Committee. 

(3)  Subject  to  subsections  (4)  and  (5),  the  members 
of  the  Advisory  Committee  appointed  under  subsec- 
tion (2)  are  and  remain  members  thereof  until  the  30th 
day  of  April  in  the  year  next  following  the  year  in 
which  they  were  appointed. 

(4)  Where  a  member  of  the  Advisory  Com- 
mittee dies  or  resigns  or  is  unavailable  to  act  before 
the  expiration  of  his  term,  the  person  or  persons 
who  appointed  him  shall  appoint  a  person  for  the 
unexpired  term  of  the  member  who  died  or  resigned 
or  was  unavailable  to  act. 

(5)  Where  the  Canadian  Wine  Institute,  the 
Ontario  Food  Processors  Association,  or  the  local 
board,  as  the  case  may  be,  fail  to  appoint  a  member 
or  members  to  the  Advisory  Committee  in  accord- 
ance with  subsection  (2)  or  (4),  the  Board  may  appoint 
such  members  as  are  necessary  to  complete  the  Advis- 
ory Committee. 

(6)  The  Grapes  for  Processing  Advisory  Com- 
mittee is  empowered  to  advise  and  make  recom- 
mendations to  the  local  board,  the  Canadian  Wine 
Institute,  or  to  the  Ontario  Food  Processors 
Association  in  respect  of, 

(a)  the  promotion  of  harmonious  relationships 
between  persons  engaged  in  the  production 
and  marketing  of  grapes  for  processing ; 

(b)  the  promotion  of  greater  efficiency  in  the 
production  and  marketing  of  grapes  for 
processing ; 

(c)  the  prevention  and  correction  of  irregu- 
larities and  inequities  in  the  marketing  of 
grapes  for  processing ; 

{d)  the  improvement  of  the  quality  and  variety 
of  grapes  for  processing ; 

(e)  the  improvement  of  the  circulation  of 
market  information  respecting  grapes  for 
processing;  and 

(/)  without  limiting  the  generality  of  any  of 
the  foregoing,  any  matter  with  respect  to 
which  the  Board  or  the  local  board  may  be 
empowered  to  make  regulations  under  the 
Act.     R.R.O.  1970.  Reg.  324,  s.  18. 


Form  1 

Farm  Products  Marketing  Act 

APPLICATION  FOR  LICENCE  AS  A 
PROCESSOR  OF  GRAPES 

To :  The  Farm  Products  Marketing  Board : 
(name  of  applicant) 


(address) 

makes  application  for  a  licence  as  a  processor  of 
grapes  under  the  Farm  Products  Marketing  Act. 


Dated  at this 


day  of 


19. 


(signature  of  applicant) 


(where  applicant  is  a  corporation 
or  partnership,  signature  of  per- 
son authorized  to  sign) 


(office) 

R.R.O.  1970,  Reg.  324,  Form  2. 

Form  2 

Farm  Products  Marketing  Act 

LICENCE  AS  A  PROCESSOR  OF  GRAPES 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations  and  subject  to  the  limitations  thereof, 
this  licence  is  issued  to 

(name) 

(address) 
to  engage  in  the  processing  of  grapes. 


This    licence    expires    with    the    31st    day    of 
January  next  following  the  date  of  issue. 

Issued  at  Toronto,  this day  of 

19.... 

The  Farm  Products  Marketing  Board: 


Chairman 


Secretary 
O.  Reg.  22/72,  s.  2. 


Reg.  365 


FARM  PRODUCTS  MARKETING 


707 


REGULATION  365 


under  the  Farm  Products  Marketing  Act 


GREENHOUSE  VEGETABLES— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  greenhouse  vegetables.  R.R.O.  1970,  Reg.  325, 
s.  I,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  IS  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Cotporations  Act.  O.  Reg. 
66/79,  s.  9. 


3.  The  members  of  the  local  board  shall  be 
deemed  to  be  the  shareholders  and  the  directors 
thereof  in  the  exercise  of  any  of  the  powers 
mentioned  in  section  2.  R.R.O.  1970,  Reg.  325, 
S.3. 

Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Green- 
house Vegetable  Producers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "greenhouse  vegetables"  means  tomatoes, 
cucumbers  and  lettuce  produced  in  Ontario 
in  a  greenhouse  or  any  other  enclosure  under 
glass,  plastic  or  other  material  used  for  the 
purpose  of  controlling  temperature  and 
providing  protection  for  the  growing  plants ; 

(b)  "producer"  means  a  person  engaged  in  the 
production  of  greenhouse  vegetables. 

3.  This  plan  applies  to  the  control  and  regulation 
in  any  or  all  respects  of  marketing  within  Ontario 
of  greenhouse  vegetables,  including  the  prohibition 
of  such  marketing  in  whole  or  in  part. 

4.  There  shall  be  a  local  board  to  be  known  as 
"The  Ontario  Greenhouse  Vegetable  Producers' 
Marketing  Board". 

5.  The  local  board  shall  be  composed  of  eleven 
p  roducer- members. 

6.  Members  of  the  local  board  shall  be  elected  or 
appointed  in  accordance  with  the  provisions  of  the 
plan  and  shall  hold  office  until  their  successors  are 
elected  or  appointed. 


7.  Producers  are  divided  into  four  districts  as 
follows : 

1 .  District  1,  comprising  the  counties  of  Essex, 
Kent  and  Lambton. 

2.  District  2,  comprising  the  counties  of  Brant, 
Elgin,  Middlesex  and  Oxford  and  that  part  of 
The  Regional  Municipality  of  Haldimand- 
Norfolkthat,  on  the  3 1st  day  of  March,  1974, 
was  the  County  of  Norfolk. 

3.  The  regional  municipalities  of  Hamilton- 
Wentworth  and  Niagara  and  that  part  of  The 
Regional  Municipality  of  Haldimand-Nor- 
folk  that,  on  the  31st  day  of  March,  1974, 
was  the  County  of  Haldimand. 


4.  District  4,  comprising  the  counties  of  Simcoe 
and  York,  as  it  existed  on  the  31st  day  of 
December,  1969,  and  the  regional  munici- 
palities of  Durham,  Halton  and  Peel. 

8. — (1)  The  producers  in  each  of  the  districts 
named  in  section  7  form  a  district  group. 

(2)  A  producer  in  a  territorial  district  or  county 
not  included  in  a  district  mentioned  in  section  7  may 
become  a  member  of  the  district  group  of  producers 
nearest  to  his  place  of  production. 

9.  There  shall  be  a  committee  in  each  district  to 
be  known  as  the  "District  Greenhouse  Vegetable 
Producers'  Committee". 


10. — (1)  Subject  to  subsection  (2),  each  District 
Greenhouse  Vegetable  Producers'  Committee  shall 
be  composed  of  five  producer-member  represen- 
tatives. 

(2)  Where  there  are  more  than  200  producers  in 
a  district,  there  shall  be  one  producer-member 
representative  of  the  District  Greenhouse  Vegetable 
Producers'  Committee  for  every  fifty  producers  or 
part  thereof  in  the  district. 

11. — (1)  On  or  before  the  15th  day  of  October 
in  each  year,  producers  in  each  district  shall 
elect  from  their  members,  representatives  to  each 
District  Greenhouse  Vegetable  Producers  Com- 
mittee and  shall  elect,  from  their  members,  represen- 
tatives from  each  district  to  the  local  board  as 
follows : 


708 


FARM  PRODUCTS  MARKETING 


Reg.  365 


1.  District  1,  five  members. 

2.  District  2,  one  member. 

3.  District  3,  three  members. 

4.  District  4,  two  members. 

(2)  Subject  to  section  6,  the  members  of  each 
District  Greenhouse  Vegetable  Producers'  Com- 
mittee and  of  the  local  board  elected  under  sub- 
section (1)  shall  hold  office  until  the  15th  day  of 
October  in  the  year  next  following. 


(3)  A  person  may  be  elected  both  as  a  member 
of  the  District  Greenhouse  Vegetable  Producers' 
Committee  and  as  a  member  of  the  local  board. 


12. — (1)  Where  in  any  year  the  producers  in  any 
district  fail  to  elect  a  member  to  the  local  board 
in  accordance  with  the  provisions  of  section  12, 
the  members  of  the  District  Greenhouse  Vegetable 
Producers'  Committee  may  on  or  before  the  30th 


day  of  October  in  that  year  elect  the  member  or 
members  from  the  district  to  the  local  board. 

(2)  At  its  first  meeting  after  the  30th  day  of 
October  the  members  elected  to  the  local  board  may 
appoint  such  producer-members  as  are  necessary 
to  complete  the  local  board. 


(3)  Where  a  member  elected  or  appointed  to  the 
local  board  dies  or  resigns  before  his  term  has 
expired,  the  members  of  the  local  board  may 
appoint  a  producer-member  for  the  unexpired  term. 


(4)  Each  producer-member  appointed  as  a  member 
to  the  local  board  under  subsection  (2)  or  (3)  shall  be  a 
producer  in  the  district  for  which  he  is  appointed. 

(5)  Where  the  members  of  the  local  board  fail  to 
appoint  a  person  for  the  unexpired  term  of  a 
member  under  subsection  (3)  within  seven  days  from 
the  death  or  resignation  of  the  member,  the  Board 
may  appoint  a  person  for  the  unexpired  term. 
R.R.O.  1970,  Reg.  325,  Sched. 


Reg.  366 


FARM  PRODUCTS  MARKETING 


709 


REGULATION  366 

under  the  Farm  Products  Marketing  Act 


GREENHOUSE  VEGETABLES— MARKETING 

1.  In  this  Regulation, 

(a)  "greenhouse  vegetables"  means  tomatoes, 
cucumbers  and  lettuce  produced  in  Ontario 
in  a  greenhouse  or  any  other  enclosure 
under  glass,  plastic  or  other  material  used 
for  the  purpose  of  controlling  temperature 
and  providing  protection  for  the  growing 
plants ; 

{b)  "local  board"  means  The  Ontario  Green- 
house Vegetable  Producers'  Marketing 
Board ; 

(c)  "plan"  means  The  Ontario  Greenhouse 
Vegetable  Producers'  Marketing  Plan; 

{d)  "producer"  means  a  person  engaged  in 
the  production  of  greenhouse  vegetables. 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  and  all  respects  of  the  marketing 
within  Ontario  of  greenhouse  vegetables,  including 
the  prohibition  of  such  marketing  in  whole  or  in 
part,  except  as  hereinafter  provided.  R.R.O.  1970, 
Reg.  326.  s.  2. 

3.  The  Board  exempts  from  this  Regulation,  other 
than  clauses  4  (a),  {b)  and  (c), 

(a)  lettuce  produced  in  Ontario  in  a  greenhouse 
or  any  other  enclosure  under  glass,  plastic 
or  other  material  used  for  the  purpose  of 
controlUng  temperature  and  providing  pro- 
tection for  the  growing  plants;  and 

(b)  persons  engaged  in  the  producing  or  mar- 
keting of  lettuce  mentioned  in  clause 
(a).     R.R.O.  1970,  Reg.  326,  s.  3. 

POWERS   OF   LOCAL    BOARD 

4.  The  Board  delegates  to  the  local  board  the 
power, 

(a)  to  require  persons  engaged  in  producing  or 
marketing  greenhouse  vegetables  to  register 
their  names,  addresses  and  occupations 
with  the  local  board ; 

(6)  to  require  persons  engaged  in  producing  or 
marketing  greenhouse  vegetables  to  furnish 
such  information  relating  to  the  production 
or  marketing  of  the  greenhouse  vegetables 
including  the  completing  and  filing  of 
returns  as  the  local  board  determines ; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises. 


and  any  greenhouse  vegetables  of  persons 
engaged  in  producing  or  marketing  green- 
house vegetables ; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  greenhouse  vegetables  by  such 
means  as  it  considers  proper ; 

(e)  to  co-operate  with  a  marketing  board,  local 
board,  marketing  commission  or  marketing 
agency  of  Canada  or  of  any  province  in 
Canada  for  the  purpose  of  marketing  green- 
house vegetables ;  and 

{/)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying 
out  of  the  provisions  of  the  Act,  the  regu- 
lations and  the  plan.  R.R.O.  1970,  Reg. 
326,  s.  4;    O.  Reg.  266/71,  s.  1  (1-3). 

5.  The  Board  delegates  to  the  local  board  its 
powers  to  make  regulations  with  respect  to  green- 
house vegetables, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 
to  engage  in  the  producing  or  marketing 
of  greenhouse  vegetables ; 

(b)  prohibiting  persons  from  engaging  in  the 
producing  or  marketing  of  greenhouse 
vegetables  except  under  the  authority  of 
a  licence; 

(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by  ex- 
perience, financial  responsibility  and  equip- 
ment to  engage  in  prop>erly  the  business  for 
which  the  application  was  made,  or  for  any 
other  reason  that  the  local  board  considers 
proper ; 

(d)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew,  a  licence  for 
failure  to  observe,  perform  or  carry  out 
the  provisions  of  the  Act,  the  regulations, 
the  plan  or  any  order  or  direction  of  the 
Board  or  local  board ; 

{e)  providing  for  the  fixing  of  licence  fees  not 
exceeding, 

(i)  one-half  of  a  cent  per  pound  of 
tomatoes, 

(ii)  two  and  one-half  cents  per  dozen 
of  cucumbers,  other  than  English 
cucumbers,  and 


710 


FARM  PRODUCTS  MARKETING 


Reg.  366 


(iii)  five    cents    per    dozen    of    English 
cucumbers, 

payable  monthly,  from  any  or  all  persons 
producing  or  marketing  greenhouse  vege- 
tables and  the  collecting  of  the  licence  fees 
and  the  recovering  of  such  licence  fees  by 
suit  in  a  court  of  competent  jurisdiction; 

(/)  prescribing  the  form  of  licences ; 

{g)  subject  to  section  3,  providing  for  the 
exemption  from  any  or  all  of  the  regula- 
tions, orders  or  directions  under  the  plan 
of  any  class,  variety,  grade  or  size  of  green- 
house vegetables,  or  any  person  or  class  of 
persons  engaged  in  the  producing  or 
marketing  of  greenhouse  vegetables  or  any 
class,  variety,  grade  or  size  of  greenhouse 
vegetables ; 

(h)  requiring  the  furnishing  of  security  or  proof 
of  financial  responsibility  by  any  person 
engaged  in  the  marketing  of  greenhouse 
vegetables  and  providing  for  the  adminis- 
tration and  disposition  of  any  moneys  or 
securities  so  furnished ; 

(i)  providing  for  the  control  and  regulation  of 
the  marketing  of  greenhouse  vegetables, 
including  the  times  and  places  at  which 
greenhouse  vegetables  may  be  marketed ; 

(j)  providing  for  the  control  and  regulation  of 
agreements  entered  into  by  producers  of 
greenhouse  vegetables  with  persons  en- 
gaged in  marketing  greenhouse  vegetables, 
and  the  prohibition  of  any  provision  or 
clause  in  such  agreements ; 

(k)  requiring  any  person  who  produces  green- 
house vegetables  to  offer  to  sell  and  to  sell  the 
greenhouse  vegetables  to  or  through  the 
local  board; 

(/)  prohibiting  any  person  from  packing  or 
packaging  any  greenhouse  vegetables  that 
have  not  been  sold  to,  by  or  through  the 
local  board;  and 

(m)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  greenhouse 
vegetables  by  or  through  the  local  board, 
and  prescribing  the  forms  and  the  terms 
and  conditions  of  such  agreements.  R.R.O. 
1970,  Reg.  326,  s.  5;  O.  Reg.  266/71,  s.  2; 
O.  Reg.  334/72,  s.  1 ;  O.  Reg.  266/76,  s.  1. 


LICENCE   FEES 

6. — (1)  The  Board  authorizes  the  local  board  to 
use  any  class  of  licence  fees,  service  charges  and  other 
moneys  payable  to  it  for  the  purposes  of  paying  the 
expenses  of  the  local  board,  carrying  out  and  en- 
forcing the  Act  and  the  regulations  and  carrying  out 


the  purposes  of  the  plan.     R.R.O.  1970,  Reg.  326. 
s.  6(1);    O.Reg.  266/71,  s.  3. 

(2)  The  Board  authorizes  the  local  board  to  estab- 
lish a  fund  in  connection  with  the  plan  for  the 
payment  of  any  moneys  that  may  be  required  for 
the  purposes  mentioned  in  subsection  (1).  R.R.O. 
1970,  Reg.  326,  s.  6  (2). 


7.  The  Board  authorizes  the  local  board  to  appoint 
agents,  to  prescribe  their  duties  and  terms  and  con- 
ditions of  employment  and  to  provide  for  their 
remuneration.     R.R.O.  1970,  Reg.  326,  s.  7. 

MARKETING    BY    LOCAL    BOARD 

8. — (1)  All  greenhouse  vegetables  shall  be  mar- 
keted by  or  through  the  local  board. 

(2)  No  person  shall  market  greenhouse  vegetables 
except  by  or  through  the  local  board.  R.R.O. 
1970,  Reg.  326,  s.  8. 

9.  The  Board  vests  in  the  local  board  the  follow- 
ing powers: 

1.  To  direct  and  control,  by  order  or  direc- 
tion, either  as  principal  or  agent,  the 
marketing  of  greenhouse  vegetables,  in- 
cluding the  times  and  places  at  which 
greenhouse  vegetables  may  be  marketed. 

2.  To  determine  the  quantity  of  each  class, 
variety,  grade  and  size  of  greenhouse  vege- 
tables that  shall  be  marketed  by  each  pro- 
ducer. 

3.  To  prohibit  the  marketing  of  any  class, 
variety,  grade  or  size  of  greenhouse  vege- 
tables. 

4.  To  determine  from  time  to  time  the  price 
or  prices  that  shall  be  paid  to  producers  or 
to  the  local  board,  as  the  case  may  be  for 
greenhouse  vegetables  or  any  class,  variety, 
grade  or  size  of  greenhouse  vegetables  and 
to  determine  different  prices  for  different 
parts  of  Ontario. 

5.  To  fix  and  impose  service  charges  from 
time  to  time  for  the  marketing  of  green- 
house vegetables  not  exceeding  one-half 
of  a  cent  per  pound  of  tomatoes  and  two 
and  one-half  cents  per  dozen  of  cucumbers 
plus  a  pro  rata  charge  to  each  producer  in 
an  amount  equal  to  the  remuneration  pay- 
able by  the  local  board  to  an  agent  of  the 
local  board  respecting  the  greenhouse 
vegetables  marketed  by  the  producer. 

6.  To  fix  and  impose  service  charges  from 
time  to  time,  in  addition  to  any  service 
charge  fixed  and  imposed  under  paragraph 


Reg.  366 


FARM  PRODUCTS  MARKETING 


711 


5,  for  the  marketing  of  English  cucumbers 
not  exceeding  five  cents  per  dozen. 

7.  To  require  the  price  or  prices  payable  or 
owing  to  the  producer  for  greenhouse  vege- 
tables to  be  paid  to  or  through  the  local 
board. 

8.  To  collect  from  any  person  by  suit  in  a  court 
of  competent  jurisdiction  the  price  or 
prices  or  any  part  thereof  of  greenhouse 
vegetables. 

9.  To  pay  from  service  charges  imposed  under 
paragraphs  5  and  6  its  expenses  in  carrying 
out  the  purposes  of  the  plan. 

10.  To  pay  to  the  producer  the  price  or  prices  for 
greenhouse  vegetables,  less  service  charges 
imposed  under  paragraphs  5  and  6,  and  to  fix 
the  times  at  which  or  within  which  such 
payments  shall  be  made. 

11.  To  purchase  or  otherwise  acquire  such 
quantity  or  quantities  of  greenhouse  vege- 
tables as  the  local  board  deems  advisable; 
and  to  sell  or  otherwise  dispose  of  any 
greenhouse  vegetables  so  purchased  or 
acquired.  R.R.O.  1970.  Reg.  326,  s.  9; 
O.  Reg.  266/71,  s.  4  (1-3);  O.  Reg.  252/78, 
s.  1. 

10.  The  Board  limits  the  local  board's  powers 
under  pargraph  9  of  section  9  with  respect  to 
service  charges  imposed  under  paragraph  6  of 
section  9  to  payments  made  for  the  purpose  of 
stimulating,  increasing  and  improving  the  marketing 
of  English  cucumbers.     O.  Reg.  252/78,  s.  2. 

11.  Each  payment  made  under  paragraph  10  of 
section  9  shall  be  accompanied  by  a  statement  show- 
ing the  classes,  varieties,  grades  of  each  variety  and 
the  quantity  of  each  grade  of  greenhouse  vegetables 
sold,  and  the  price  or  prices  paid  and  the  particulars 
of  the  service  charges  imposed  by  the  local  board. 
R.R.O.  1970,  Reg.  326,  s.  10. 

GREENHOUSE    VEGETABLE 
INDUSTRY    ADVISORY    COMMITTEE 

12. — (1)  In  this  section, 

(a)  "retailer"  means  a  person  in  Ontario  en- 
gaged in  the  retail  selling  of  greenhouse 
vegetables  for  consumption ; 

(b)  "shipper"  means  a  person  in  Ontario  en- 
gaged in  purchasing  greenhouse  vegetables 
from  the  producers  thereof  for  resale. 

(2)  There  shall  be  a  committee  to  be  known  as 
the  "Greenhouse  Vegetable  Industry  Advisory 
Committee". 


(3)  The  Greenhouse  Vegetable  Industry  Advisory 
Committee  shall  be  composed  of  a  chairman  and 
eight  members. 

(4)  After  the  1st  day  of  November  and  before 
the  30th  day  of  November  in  each  year, 

(a)  the  Board  shall  appoint  the  chairman; 

(b)  the  local  board  shall  appoint  four  members ; 

(c)  the  shippers  shall  appoint  two  members; 
and 

(d)  the  retailers  shall  appoint  two  members, 

to   the   Greenhouse   Vegetable    Industry   Advisory 
Committee. 

(5)  Subject  to  subsection  (6),  the  members  of  the 
Greenhouse  Vegetable  Industry  Advisory  Com- 
mittee are  and  remain  members  thereof  until  the 
30th  day  of  November  in  the  year  next  following 
the  year  in  which  they  were  appointed. 

(6)  Where  a  member  of  the  Greenhouse  Vegetable 
Industry  Advisory  Committee  dies  or  resigns  or  is 
unavailable  to  act  before  the  expiration  of  his  term, 
the  person  or  persons  who  appointed  him  shall 
appoint  a  person  for  the  unexpired  term  of  the 
member  who  dies,  resigned  or  was  unavailable  to 
act. 

(7)  Where  the  person  or  persons  who  are  required 
to  appoint  any  member  to  the  Greenhouse  Vegetable 
Industry  Advisory  Committee  fail  to  do  so  in  accord- 
ance with  the  provisions  of  subsection  (3)  or  (5), 
the  Board  may  appoint  such  members  as  are  necessary 
to  complete  the  said  committee. 

(8)  The  Greenhouse  Vegetable  Industry  Advisory 
Committee  may  advise  and  make  recommendations 
to  the  local  board  or  to  any  person  or  organization 
represented  on  the  committee  in  respect  of, 

(a)  the  promotion  of  harmonious  relationships 
between  persons  engaged  in  the  production 
and  marketing  of  greenhouse  vegetables; 

(6)  the  promotion  of  greater  efficiency  in  the 
production  and  marketing  of  greenhouse 
vegetables ; 

(c)  the  prevention  and  correction  of  irregu- 
larities and  inequities  in  the  marketing  of 
greenhouse  vegetables; 

(d)  the  improvement  of  the  quality  and  variety 
of  greenhouse  vegetables ; 

(f)  the  improvement  of  the  circulation  of 
market  information  respecting  greenhouse 
vegetables;  and 


712 


FARM  PRODUCTS  MARKETING 


Reg.  366 


(/)  without  limiting  the  generality  of  any  of 
the  aforegoing,  any  matter  with  respect  to 
which  the  Board  or  the  local  board  may  be 
empowered  to  make  regulations  under  the 
Act.     R.R.O.  1970,  Reg.  326,  s.  11. 

13.  The  local  board  shall  forthwith  provide  the 
Board  with  full  particulars  of  any  recommenda- 
tions made  to  the  local  board  by  the  Greenhouse 
Vegetable  Industry  Advisory  Committee.  R.R.O. 
1970,  Reg.  326,  s.  12. 

14.  The  Board  authorizes  the  local  board  to 
conduct  a  pool  or  pools  for  the  distribution  of  all 


moneys  received  from  the  sale  of  greenhouse 
vegetables  and  after  deducting  all  necessary  and 
proper  disbursements  and  expenses,  to  distribute  the 
remainder  of  the  moneys  received  from  the  sale  in 
such  manner  that  every  producer  receives  a  share  of 
the  remainder  of  the  moneys  received  from  the  sale 
in  relation  to  the  amount,  class,  variety,  grade  or 
size  of  the  greenhouse  vegetables  delivered  by  him, 
and  authorizes  the  local  board  to  make  an  initial 
payment  on  delivery  of  the  greenhouse  vegetables 
and  subsequent  payments  until  all  of  the  remainder 
of  the  moneys  received  from  the  sale  is  distributed 
to  the  producers.     O.  Reg.  266/71,  s.  5. 


Reg.  367 


FARM  PRODUCTS  MARKETING 


713 


REGULATION  367 

under  the  Farm  Products  Marketing  Act 


HOGS— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  of  hogs  within 
Ontario  except  that  part  thereof  comprising  the  ter- 
ritorial districts  and  the  Provisional  County  of 
Haliburton.     R.R.O.  1970,  Reg.  327,  s.  1,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  IS  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  10. 

3.  The  members  of  the  lofcal  board  shall  be 
deemed  to  be  the  shareholders  and  the  directors 
thereof  in  the  exercise  of  any  of  the  powers 
mentioned  in  section  2.  R.R.O.  1970,  Reg.  327, 
s.  3. 

Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Pork 
Producers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "county"  includes  a  regional  municipality; 

(b)  "hogs"  means  hogs  produced  in  Ontario; 

(c)  "processing"  means  the  slaughtering  of  hogs; 

(d)  "producer"  means  a  person  engaged  in  the 
production  of  hogs,  and  for  the  purpose  of  the 
nomination,  election  or  appointment  of  per- 
sons under  this  plan  means  a  person  who  is 
registered  for  such  purposes. 


3.  This  plan  applies  to  the  control  and  regulation  in 
any  or  all  respects  of  the  marketing  within  Ontario  of 
hogs  including  the  prohibition  of  such  marketing  in 
whole  or  in  part. 


4.  There  shall  be  a  local  board  to  be  known  as 
"The  Ontario  Pork  Producers'  Marketing  Board" 
to  administer  this  plan. 

5.  The  producers  of  hogs  are  divided  into  four  areas 
as  follows: 


1.  North  Area,  comprising  the  counties  of 
Bruce,  Grey,  Huron,  Perth  and  Wellington 
and  The  Regional  Municipality  of  Waterloo. 

2.  Central  Area,  comprising  the  counties  of 
Dufferin,  Northumberland,  Peterborough, 
Simcoe  and  Victoria  and  the  regional 
municipalities  of  Durham,  Halton,  Peel  and 
York. 

3 .  South  Area,  comprising  the  counties  of  Brant, 
Elgin,  Essex,  Kent,  Lambton,  Middlesex  and 
Oxford  and  the  regional  municipalities  of 
Haldimand-Norfolk,  Hamilton- Wentworth 
and  Niagara. 

4.  East  Area,  comprising  the  counties  of  Dun- 
das,  Frontenac,  Glengarry,  Grenville,  Hast- 
ings, Lanark,  Leeds,  Lennox  and  Addington, 
Prescott,  Prince  Edward,  Renfrew,  Russell 
and  Stormont  and  The  Regional  Municipality 
of  Ottawa-Carleton. 

6.  There  shall  be  a  council  in  each  area  to  be 
known  as  "The  Area  Poric  Producers'  Council". 

7.  Each  Area  Pork  Producers'  Council  shall  be  com- 
posed of  members  who  are  producers  of  hogs  in  the 
counties  of  the  area. 

8. — (1)  In  each  year,  as  soon  as  practicable  after 
statistical  information  respecting  the  preceding  year  is 
available,  the  local  board  shall  cause  to  be  calculated 
the  representation  to  be  allotted  to  each  County  Pork 
Producers'  Association  on  its  respective  Area  Pork  Pro- 
ducers' Council. 

(2)  The  calculation  under  subsection  (1)  shall  be  based 
on  a  nominal  total  membership  for  all  Area  Pork  Pro- 
ducers' Councils  of  250  members. 

(3)  Each  County  Pork  Producers'  Association  shall 
be  allotted  its  proportionate  share  of  250  members 
based  on  that  county's  proportionate  share  of  the  pro- 
vincial total,  calculated  on  a  weighted  basis  of  60  per 
cent  of  the  representation  being  based  on  the  number  of 
active  producers  in  the  county  during  the  preceding 
year  as  a  percentage  of  the  provincial  total  and  40  per 
cent  of  the  representation  being  based  on  the  total 
number  of  hogs  marketed  from  the  county  during  the 
preceding  year  as  a  percentage  of  the  provincial  total. 

(4)  In  those  counties  in  which  elections  are  scheduled 
in  that  year,  the  local  board  shall  inform  the  County 
Pork  Producers'  Association  of  the  number  of  members 
on  the  Area  Pork  Producers'  Council  allotted  to  that 
association  prior  to  the  meeting  called  under  section  1 1 . 


714 


FARM  PRODUCTS  MARKETING 


Reg.  367 


9. — (1)  No  change  in  the  number  of  members  on  an 
Area  Pork  Producers'  Council  shall  be  made  in  any  year 
in  which  there  is  no  election  of  members  to  that  Area 
Pork  Producers'  Council  regardless  of  whether  or  not 
the  total  number  of  members  of  all  Area  Pork  Produc- 
ers' Councils  is,  by  reason  of  such  change  not  being 
made,  other  than  250. 

(2)  From  the  North  Area,  the  number  of  producer- 
members,  calculated  and  allotted  by  the  local  board 
under  section  8,  shall  be  elected  to  the  Area  Pork  Pro- 
ducers' Council  in  1983  for  a  term  of  three  years. 

(3)  From  the  Central  Area,  the  number  of  producer- 
members,  calculated  and  allotted  by  the  local  board 
under  section  8,  shall  be  elected  to  the  Area  Pork  Pro- 
ducers' Council  in  1983  for  a  term  of  three  years. 

(4)  From  the  East  Area,  the  number  of  producer- 
members,  calculated  and  allotted  by  the  local  board 
under  section  8,  shall  be  elected  to  the  Area  Pork  Pro- 
ducers' Council  in  1981  for  a  term  of  three  years. 

(5)  From  the  South  Area,  the  number  of  producer- 
members,  calculated  and  allotted  by  the  local  board 
under  section  8,  shall  be  elected  to  the  Area  Pork  Pro- 
ducers' Council  in  1982  for  a  term  of  three  years. 

(6)  Upon  expiry  of  the  terms  for  which  producer- 
members  of  the  Area  Pork  Producers'  Councils  are 
elected  or  appointed,  under  this  section,  their 
successors  shall  be  elected  for  terms  of  three  years. 

(7)  Election  of  producer-members  of  the  Area 
Pork  Producers'  Councils  shall  be  by  the  methods 
set  out  in  sections  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19.  20.  21,  22  and  23. 


(8)  No  person  shall  be  a  member  of  an  Area  Pork 
Producers'  Council  unless  he  is  a  producer  of  hogs 
in  the  county  in  which  he  resides  and  a  member 
shall  cease  to  be  a  member  of  an  Area  Pork 
Producers'  Council  forthwith  after  he  ceases  to  be  a 
producer  of  hogs  in  the  county  in  which  he  resides. 

.  10. — (1)  Subject  to  subsection  (2),  no  person  shall 
be  nominated  or  elected  to  an  Area  Pork  Producers' 
Council  or  vote  in  an  election  of  members  to  an  Area 
Pork  Producers'  Council  unless  he  is  registered  as 
a  producer  of  hogs  with  the  local  board. 


(2)  A  producer  who  is  not  registered  as  a  producer 
of  hogs  with  the  local  board  may  apply  for 
registration  in  the  following  Form,  and  if  recognized 
by  the  Registrar  or  an  assistant  registrar  as  a 
producer  for  the  year  in  which  the  nomination  or 
election  is  to  take  place,  may  be  nominated  or 
elected  to  an  Area  Pork  Producers'  Council  or  vote 
in  an  election  of  members  to  an  Area  Pork 
Producers'  Council: 


Form 

REGISTRATION  OF  PRODUCER 
FOR  THE  YEAR  19.... 

I  hereby  apply  for  registration  as  a  producer  of 

hogs  on  the  farm  located  at  Lot  No. 

Cone.  No in  the  Township  of 

,  County  of 


Hogs  are  produced  on  the  farm  and  I  submit  for 
examination  by  the  Registrar  the  following  settle- 
ment statement  for  hogs  sold  in  my  name  during  the 


past  year  under  the  Plan :  No. 


Date or  I  am  qualified 

for  registration  as  a  producer  by  reason  of  qualification 

under  Rule  No of  the  Rules  stated  below: 

Date: 


(signature) 


(mailing  address) 


RULES   FOR  QUALIFICATION 
OF   A   PRODUCER 

1.  Hogs  are  produced  on  the  property  mentioned 
above  and  the  applicant  is  the  owner  of  the 
property  and  of  the  hogs. 

2.  Hogs  are  produced  on  the  property  mentioned 
above  and  the  applicant  is  the  tenant  of  the 
property  and  is  the  owner  of  the  hogs. 

3.  Hogs  are  produced  on  the  property  mentioned 
above  and  the  applicant  has  been  designated 
in  writing  by  a  corporation,  partnership  or  joint 
owners  that  sold  hogs  during  the  past  year  under 
the  plan  as  the  person  to  be  recognized  as  the 
producer  by  the  Registrar. 

4.  Although  hogs  are  not  produced  on  the  property 
at  the  time  of  this  application,  the  applicant 
is  the  owner  or  tenant  of  the  property  and  was  a 
producer  of  hogs  during  the  past  year. 

The  applicant  is  recognized  as  a  producer. 

(signature  or  initials  of  Registrar 
or  Assistant  Registrar) 

(3)  The  Registrar  for  a  county  shall  be  the 
Agricultural  Representative  appointed  for  the 
county. 


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FARM  PRODUCTS  MARKETING 


715 


(4)  The  Registrar  for  each  county  shall  appoint 
such    assistant    registrars    in    the    county    as    are 
required  for  the  purpose  of  registration  of  prodt 
in  the  county. 


lucers 


(5)  The  local  board  shall,  not  later  than  the  10th 
day  of  January  in  each  year  in  which  an  election 
is  required,  furnish  to  each  Agricultural  Representa- 
tive a  supply  of  forms  for  registration  of  producers 
sufficient  for  the  registration  of  producers  who  are 
not  registered  as  such  in  the  records  of  the  local  board. 

11. — (1)  The  County  Pork  Producers'  Association 
in  each  of  the  counties  named  in  section  5  shall,  not 
later  than  the  fifteenth  day  of  January,  fi.\  a  place 
and  date  for  the  meeting  of  producers  for  the 
nomination  in  each  county  of  the  members  and 
substitute  members  of  the  Area  Pork  Producers' 
Council. 

(2)  The  date  fixed  under  subsection  (1)  shall  be  not 
sooner  than  the  15th  day  of  January  or  later  than 
the  20th  day  of  February  in  the  same  year. 

(3)  The  time  for  the  meeting  shall  be  between 
2  p.m.  and  3  p.m.  or  between  8  p.m.  and  9  p.m. 
on  the  date  fixed. 

(4)  The  County  Pork  Producers'  Associatitm  shall 
notify  the  local  board  of  the  place  and  date  of  each 
meeting  but,  if  the  County  Pork  Producers'  Associa- 
tion fails  to  notify  the  local  board  of  the  date  and 
place  of  a  meeting  before  the  5th  day  of  February,  the 
local  Ixjard  shall  detcriiune  the  date  and  place  of 
the  meeting  and  arrange  the  accommodation  therefor. 

12.  At  least  ten  days  before  the  meeting,  the 
County  Pork  Producers'  Association  shaU  give 
notice  to  the  producers  in  each  county  of  the  day, 
time  and  place  of  the  meeting, 

(a)  in  writing ;  or 

(b)  by  publication  in  one  or  more  newspapers 
or  periodicals  having  a  general  circulation 
among  or  distribution  to  producers, 

but,  where  the  County  Pork  Producers'  Association 
fails  to  give  the  notice  to  producers  in  any  county, 
the  local  board  shall  arrange  for  such  publication  or 
posting  of  notices  as  it  considers  necessary  or 
advisable,  at  the  expense  of  the  local  board. 

13.  If  for  any  reason  the  nomination  of  members 
and  substitute  members  to  the  Area  Pork  Producers' 
Council  is  not  held  on«the  date  fixed,  the  local  board 
shall  fix  a  day  as  soon  as  is  practicable  for  that 
purpose. 

14. — (1)  For  the  purpo.se  of  a  nomination  meeting 
and,  where  applicable,  an  election  under  sub.section  16 
(7),  the  registered  producers  of  hogs  present  at  the 
meeting  shall  elect  a  chairman. 

(2)  The  meeting  shall  be  called  to  order  by  the 
chairman. 


15. — (1)  If  any  objection  is  made  at  the  meeting 
that  any  person  nominated  or  present  and  taking 
part  in  the  nominations  is  not  a  producer  of  hogs 
in  the  county,  the  chairman  may  accept  a  majority 
decision  of  persons  present  at  the  meeting  in  respect 
of  the  objection  and  such  decision  upon  acceptance 
by  the  chairman  is  final. 

(2)  Every  nomination  shall  be  in  writing,  shall 
state  the  name  and  address  of  the  nominee,  shall  be 
signed  by  the  proposer  and  seconder,  both  of  whom 
shall  be  producers  of  hogs  in  the  county,  and  shall 
be  filed  with  the  chairman  within  one  hour  after 
the  opening  of  the  meeting. 

(3)  Failure  to  comply  with  subsection  (1)  or  (2)  does 
not  invalidate  an>  nomination  if  it  is  received  and 
accepted  by  the  chairman. 

16. — (1)  Where  a  proposed  nominee  is  not  present, 
his  nomination  paper  is  not  valid  unless  the  proposer 
and  seconder  confirm  that  the  nominee  consents  to 
be  so  nominated. 

(2)  When  the  time  for  nomination  at  the  meeting 
expires,  the  chairman  may  require  assurances  from 
each  nominee  of  his  willingness  to  stand  for  election 
as  a  member  or  substitute  member  to  the  Area  Pork 
Producers'  Council  from  the  county. 

(3)  Where  the  number  of  persons  nominated  and 
willing  to  stand  for  election  as  members  and  sub- 
stitute members  to  the  Area  Pork  Producers' 
Council  is  the  number  of  persons  mentioned  in  respect 
of  the  county  in  section  8  and  the  number  of  sub- 
stitute members  mentioned  in  subsection  (8),  the 
chairman  shall  declare  those  persons  elected  as 
members  and  substitute  members  to  the  Area  Pork 
Producers'  Council. 

(4)  Where  the  number  of  persons  nominated  and 
willing  to  stand  for  election  as  members  and  sub- 
stitute members  to  the  Area  Pork  Producers'  Council 
in  respect  of  the  county  is  fewer  than  the  number  of 
members  mentioned  for  the  county  in  section  8  and  the 
number  of  substitute  members  mentioned  for  the 
county  in  subsection  (8),  the  chairman  may  extend 
the  time  for  nominations  for  not  more  than  one-half 
hour  and  if  at  the  end  of  such  extended  time  the 
number  of  persons  nominated  and  willing  to  stand 
for  election  as  members  is  fewer  than  or  is  the 
number  of  persons  mentioned  in  respect  of  the  county 
in  section  8  or  the  number  of  persons  nominated  and 
willing  to  stand  for  election  as  substitute  members 
is  fewer  than  or  is  the  number  of  persons  mentioned 
in  re.spect  of  the  county  in  subsection  (8),  he  shall  then 
declare  those  persons  to  be  members  or  substitute 
members,  as  the  case  may  be,  of  the  Area  Pork  Pro- 
ducers' Council  for  the  county. 

(5)  Where  the  number  of  persons  nominated  and 
willing  to  stand  for  election  as  members  mentioned 
in  respect  of  a  county  in  section  8  or  substitute  mem- 
bers mentioned  in  respect  of  a  county  under  subsection 


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FARM  PRODUCTS  MARKETING 


Reg.  367 


(8),  the  chairman  shall  prepare  and  post  up  at  the 
meeting  a  list  of  names  of  the  persons  nominated  at  the 
meeting. 

(6)  The  chairman  shall  give  each  nominee  at  the 
meeting  an  opportunity  to  be  identified. 

(7)  With  the  consent  of  the  majority  of  the 
registered  producers  present  at  the  neeting,  the 
election  to  the  Area  Pork  Producers'  Council  for  the 
county  shall  be  held  at  the  meeting  by  secret  ballot. 

(8)  Subject  to  subsection  (9),  with  the  consent  of 
the  majority  of  the  registered  producers  present  at 
the  meeting  substitute  members  may  be  elected  to 
the  Area  Pork  Producers'  Council  to  serve  during 
the  absence  of  a  member  or  members  elected  to 
the  Area  Pork  Producers'  Council  under  subsection 
(7)  on  the  basis  of  one  substitute  member  for  every 
eight  members  elected  thereto. 

(9)  Not  less  than  one  and  not  more  than  three 
substitute  members  may  be  elected  from  any  county 
under  subsection  (8). 

17. — (1)  Where  the  majority  of  the  registered 
producers  of  hogs  present  at  the  meeting  do  not 
consent  to  an  election  under  subsection  16  (7),  the  first 
Tuesday  in  March  is  fixed  as  the  day  for  the  election  in 
each  county  of  the  members  of  the  Area  Pork  Produc- 
ers' Council. 

(2)  The  time  of  voting  in  an  election  under  this 
section  shall  be  from  11  a.m.  to  6  p.m. 

18. — (1)  Where  the  number  of  persons  nominated 
and  willing  to  stand  for  election  is  more  than  the 
number  of  persons  mentioned  in  respect  of  a  county  in 
section  8,  the  Count>  Pork  Producers'  Association 
shall  arrange  for  polling  places  as  follows: 


1.  One  polling  place  in  each  county  mentioned 
in  section  5  from  which  two  members  may  be 
elected  to  the  Area  Pork  Producers'  Council. 

2.  At  least  one  polling  place  but  not  more 
than  two  polling  places  in  each  county 
mentioned  in  section  S  from  which  three 
members  may  be  elected  to  the  Area  Pork 
Producers'  Council. 


3.  At  least  one  polling  place  in  each  county 
in  which  more  than  three  members  may  be 
elected  to  the  Area  Pork  Producers'  Council 
but  not  more  polling  places  in  each  county 
than  one  for  each  three  members  or  part 
thereof. 

(2)  The  County  Pork  Producers'  Association  shall 
arrange  accommodation  for  each  polling  place 
arranged  under  subsection  (1)  and  not  later  than  the 
20th  day  of  F'ebruary  shall  notify  the  local  board 
of  the  particulars  of  the  accommodation  arranged. 


(3)  Where  the  County  Pork  Producers'  Association 
fails  to  notify  the  local  board  in  accordance  with 
subsection  (2),  the  local  board  shall  arrange  the 
accommodation  at  the  expense  of  the  local  board. 

19.  At  least  ten  days  before  polling  day  the 
County  Pork  Producers'  Association  shall  give 
notice  to  the  producers  of  hogs  in  each  county  of  the 
day,  time  and  place  of  the  election, 

(a)  in  writing;  or 

(b)  by  publication  in  one  or  more  newspapers 
or  periodicals  having  a  general  circulation 
among  or  distribution  to  producers, 

but,  where  the  County  Pork  Producers'  Association 
fails  to  give  such  notice  to  producers  in  any  county, 
the  local  board  shaU  arrange  for  such  publication 
or  posting  of  notices  as  it  considers  necessary  or 
advisable. 

20. — (1)  The  Board  shall  appoint  a  Returning 
Officer  for  each  county  in  which  an  election  is  to  be 
held  of  the  members  of  the  Area  Pork  Producers' 
Council  for  that  county. 

(2)  Where  more  than  one  polling  place  has  been 
arranged  in  any  county  by  the  County  Pork 
Producers'  Association  or  the  local  board,  as  the 
case  may  be,  the  Returning  Officer  shall  appoint  a 
Deputy  Returning  Officer  for  each  of  the  polling 
places  in  the  county. 

21. — (1)  The  Returning  Officer  shall  arrange  for, 

(a)  a  supply  of  ballot  papers  sufficient  for  the 
taking  of  the  vote  with  the  names  of  the 
nominees  on  each  ballot  paper ; 

(b)  ballot  boxes ; 

(c)  compartments  for  voting;  and 

(d)  such  other  equipment  and  supplies  as 
may  be  required  foi"  the  taking  of  the 
vote. 

(2)  Each  Returning  Officer  or  Deputy  Returning 
Officer  shall  post  up  in  each  compartment  printed 
directions  for  the  guidance  of  voters  in  voting  in  the 
following  Form : 

Form 

PRINTED  DIRECTIONS  FOR 
VOTERS  IN  VOTING 

1.  The  voter  will  go  into  one  of  the  compart- 
ments and,  with  the  pencil  provided  in  the 
compartment,  place  a  mark  opposite  the  name 
of  each  nominee  for  whom  he  desires  to  vote, 
but  he  shall  not  mark  his  ballot  paper  for  more 
nominations  than  the  number  of  members 
and  substitute  members  to  be  elected  from 
the  county  in  which  he  votes. 


Reg.  367 


FARM  PRODUCTS  MARKETING 


717 


2.  The  voter  will  then  fold  up  the  ballot  paper  so 
as  to  conceal  the  marks  he  has  placed  on  the 
face  of  the  ballot  paper  and  shall  then  leave  the 
compartment  without  delay  and  without  show- 
ing the  face  of  the  ballot  paper  to  anyone  or 
so  displaying  it  as  to  make  known  how  he  has 
marked  it,  and  then  deliver  the  ballot  paper 
so  folded  to  the  Returning  Officer  or  Deputy 
Returning  Officer,  as  the  case  may  be. 

3.  If  the  voter  inadvertently  spoils  a  ballot  paper, 
he  may  return  it  to  the  Returning  Officer  or 
Deputy  Returning  Officer,  as  the  case  may  be, 
who  will,  if  satisfied  of  such  inadvertence,  give 
him  another  ballot  paper. 

4.  If  the  voter  places  on  the  ballot  paper 
any  mark  by  which  he  may  be  afterwards 
identified  or  if  the  ballot  paper  has  been 
torn,  defaced  or  otherwise  dealt  with  by  the 
voter,  so  that  he  can  thereby  be  identified, 
or  if  he  marks  his  ballot  paper  for  more  nominees 
than  the  number  of  members  or  substitute 
members  to  be  elected  from  the  county  in 
which  he  votes,  it  is  void  and  will  not  be 
counted. 

5.  No  voter  shall  take  a  ballot  paper  out  of  the 
polUng  place  or  deposit  anything  in  the  ballot 
box. 

(3)  The  Returning  Officer  may  appoint  such 
persons  as  he  considers  necessary  to  assist  him  and 
the  Deputy  Returning  Officers  in  the  taking  of  the 
vote. 

(4)  Every  vote  shall  be  by  secret  ballot. 

(5)  No  person  shall  apply  for  a  ballot  paper  or 
vote  who  is  not  registered  under  subsection  10  (1)  or  (2) 
as  a  producer  in  the  county  in  which  he  votes. 

(6)  Upon  receiving  a  ballot  paper  at  a  poUing 
place  the  person  receiving  it  shall  vote  in  accordance 
with  the  printed  directions  for  voting  referred  to 
in  subsection  (2). 

(7)  The  provisions  of  the  printed  directions  to  voters 
in  subsection  (2)  have  force  and  effect  as  part  of  this 
Regulation. 

(8)  The  Deputy  Returning  Officer  shall  at  once 
deposit  the  ballot  paper  in  the  ballot  box  in  the 
presence  of  the  voter  without  unfolding  the  ballot 
paper  or  in  any  way  disclosing  the  marks  made  by 
the  voter. 

22.— (1)  The  Returning  Officer  or  Deputy  Return- 
ing Officer  at  a  polling  place  may  adjourn  the  voting 
for  refreshments  or  other  purposes  and,  where  an 
adjournment  is  made,  the  ballot  boxes  shall  be  sealed 
and  shaD  be  kept  in  his  custody  and  the  sealing 
shall  not  be  removed  from  the  ballot  boxes  until 
the  voting  resumes. 


(2)  At  6  p.m.,  or  so  soon  thereafter  as  the 
Returning  Officer  or  Deputy  Returning  Officer  is  of 
the  opinion  that  every  person  entitled  to  vote  has 
been  given  an  opportunity  to  cast  his  ballot,  he 
may  close  the  poll  and  proceed  with  the  counting 
of  the  ballots. 

23. — (1)  The  Returning  Officer  or  Deputy  Return- 
ing Officer  shall  count  all  the  ballot  papers  in  the 
presence  of  at  least  two  producers  of  hogs  known  to 
him  but  shall  reject  all  ballot  papers, 

(a)  that  have  not  been  supplied  by  him ; 

(6)  by  which  votes  have  been  given  for  more 
nominees  than  are  to  be  elected;  or 

(c)  upon  which  there  is  any  writing  or  mark 
by  which  the  voter  can  be  identified,  or 
that  has  been  so  torn,  defaced  or  other- 
wise dealt  with  by  the  voter  that  he  can 
thereby  be  identified, 

and  shall  make  a  record  of  the  number  of  votes 
given  and  allowed  for  each  nominee. 

(2)  Each  Deputy  Returning  Officer  shall  forthwith 
forward  a  copy  of  the  record  to  the  Returning 
Officer. 

(3)  The  Returning  Officer  shaD  declare  elected 
those  nominees  who  obtained  the  largest  number 
of  votes  up  to  the  number  of  persons  to  be  elected 
in  resi>ect  of  the  county  and  shall  notify  elected 
nominees  of  their  election. 


(4)  The  Returning  Officer  shall  retain  the  ballots 
and  such  other  records  as  were  furnished  during  the 
voting  for  such  period  of  time  as  the  Board 
determines  and  shaU  forward  to  the  Board  and  the 
local  board  the  names  of  the  members  elected  to  the 
Area  Pork  Producers'  Council  for  the  county. 

(5)  Where,  by  reason  of  a  tie  vote  or  other 
cause,  the  election  of  all  members  to  an  Area  Pork 
Producers'  Council  from  a  county  is  not  complete 
upon  the  counting  of  the  ballots,  the  Board  may, 
by  mail,  submit  to  all  producers  who  voted  in  the 
county  a  ballot  to  complete  the  election. 

24. — (1)  Where  a  member  elected  to  an  Area  Pork 
Producers'  Council  ceases  to  be  a  producer  or 
dies  or  resigns  before  his  term  of  membership 
expires,  the  local  board  may  appoint  a  producer  in 
the  county  in  which  the  vacancy  occurred  to 
complete  his  term  of  membership. 

(2)  Where  a  member  elected  to  an  Area  Pork 
Producers'  Council  notifies  the  County  Pork  Pro- 
ducers' Association  that  he  is  temporarily  unable 
to  act  as  such  member,  the  County  Pork  Producers' 
Association  shall  forthwith  after  receipt  of  the  notice, 
furnish  the  local  board  with  the  name  of  a  substitute 
member  elected  under  subsection  16  (8)  to  act  as  a 


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FARM  PRODUCTS  MARKETING 


Reg.  367 


member  of  the  Area  Pork  Producers'  Council  in  the 
place  of  the  member  who  is  temporarily  unable  to  act. 

25.  The  local  board  shall  be  composed  of  fifteen 
producer-members . 

26. — (1)  The  North  Area  Pork  Producers'  Council 
shall,  commencing  in  1983,  elect  six  producer-mem- 
bers to  the  local  board. 

(2)  The  Central  Area  Pork  Producers'  Council  shall, 
commencing  in  1981,  elect  three  producer-members  to 
the  local  board. 

(3)  The  East  Area  Pork  Producers'  Council  shall, 
commencing  in  1981,  elect  two  producer-members  to 
the  local  board. 

(4)  The  South  Area  Pork  Producers'  Council  shall, 
commencing  in  1982,  elect  four  producer-members  to 
the  local  board. 

(5)  No  person  may  be  elected  as  a  member  of  the 
local  board  unless  he  is  a  member  of  the  Area  Pork 
Producers'  Council  for  the  area  for  which  he  resides. 

(6)  No  person  shall  be  a  member  of  the  local 
board  unless  he  is  a  producer  of  hogs  in  the  area 
in  which  he  resides  and  the  member  ceases  to  be  a 
member  of  the  local  board  forthwith  after  he 
ceases  to  be  a  producer. 

(7)  Election  of  producer- members  of  the  local 
board  shall  be  by  the  method  set  out  in  section  27. 

27. — (1)  The  local  board  shall  fix  a  place,  date  and 
time  for  a  meeting  of  the  members  of  an  Area  Pork 
Producers'  Council  and  shall  name  a  person  to  be 
the  chairman  of  each  meeting  of  each  Area  Pork 
Producers'  Council. 

(2)  The  person  named  by  the  local  board  under 
subsection  (1)  shall  conduct  by  secret  ballot  the 
election  of  the  members  to  be  elected  to  the  local 
board  by  the  Area  Pork  Producers'  Council  and  shall 
forthwith  after  the  election  declare  the  persons  elected 
who  received  the  highest  number  of  votes  of  the 
members  of  the  Area  Pork  Producers'  Council 
present  and  voting. 

28. — (1)  Each  member  elected  to  the  local  board 
under  section  26  shall  hold  office  for  a  term  of 
three  years. 

(2)  The  term  of  office  for  a  member  elected  to  the 
local  board  begins  on  the  1st  day  of  April  in  the  year 


of  his  election  and  continues  until  the  31st  day  of 
March  in  the  year  in  which  his  term  of  office  expires. 

(3)  When  a  member  elected  to  the  local  board 
ceases  to  be  a  producer  or  dies  or  resigns  before  his 
term  of  office  expires,  the  Area  Pork  Producers' 
Council  that  elected  him  may  elect  a  producer- 
member  in  the  area  to  complete  the  term  of  office. 

29. — (1)  An  election  of  a  member  to  an  Area  Pork 
Producers'  Council  or  of  a  member  to  the  local 
board  is  not  invalid  by  reason  of, 

(a)  non-compliance  with  the  provisions  of  this 
plan  as  to  the  taking  of  a  poll  or  anything 
preliminary  thereto  or  as  to  the  counting 
of  the  votes ;  or 

(b)  a  mistake  or  irregularity  in  the  proceed- 
ings at  or  in  relation  to  the  election, 

where  it  appears  that  the  election  was  conducted  in 
substantial  conformity  with  the  procedures  laid  down 
in  sections  10  to  27  and  it  does  not  appear  that  such 
non-compliance,  mistake  or  irregularity  affected  the 
result  of  the  election  of  the  member  or  substitute 
members. 

(2)  A  decision  of  the  Returning  Officer  or  a 
Deputy  Returning  Officer,  or  of  a  Registrar  or  an 
Assistant  Registrar  or  of  a  chairman,  under  sections 
10  to  27  is  not  open  to  question  in  resjsect  of  the 
validity  of  an  election. 

30. — (1)  Where  all  or  a  majority  of  the  members 
of  the  local  board  resign,  the  Board  may  appoint  at 
least  three  persons  who  shall  constitute  the  local 
board  and  shall  as  soon  as  practicable, 

(a)  take  over  and  administer  the  affairs  of  the 
local  board ;  and 

(b)  conduct  such  elections  of  members  of  the 
local  board  as  are  necessary  to  replace  the 
members  who  resigned. 

(2)  The  Board  may  at  any  time  terminate  the 
appointments  of  persons  appointed  by  the  Board 
under  subsection  (1),  and  shall  terminate  their 
appointments  upon  the  election  of  the  successors 
to  the  members  who  resigned.  R.R.O.  1970,  Reg. 
327,  Sched.;  O.  Reg.  114/73,  ss.  1-6;  O.  Reg.  32/74; 
O.  Reg.  507/79,  ss.  1-5. 


Reg.  368 


FARM  PRODUCTS  MARKETING 


719 


REGULATION  368 

under  the  Farm  Products  Marketing  Act 


HOGS— MARKETING 

1.  In  this  Regulation, 

(a)  "hogs"  means  hogs  produced  in  Ontario; 

(6)  "local   board"    means  The   Ontario   Pork 
Producers'  Marketing  Board ; 

(c)  "plan"  means  the  Ontario  Pork  Producers' 

Marketing  Plan  ; 

(d)  "processing"  means  the  slaughtering  of 
hogs; 

(e)  "processor"  means  a  person  who  slaughters 
hogs  or  has  hogs  slaughtered  for  him  ; 

(/)  "producer"  means  a  producer  engaged 
in   the   production   of   hogs; 

(g)  "shipper  of  hogs"  means  a  person  who 
assembles  hogs  or  transports  hogs  in 
any  manner,  but  does  not  include, 

(i)  a  producer  who  transports  in  a 
vehicle  owned  by  him  only  the  hogs 
produced  by  him, 

(ii)  a  person  who  is  employed  by  and 
driving  a  vehicle  owned  by  the 
holder  of  a  licence  as  a  shipper  of 
hogs, 

(iii)  a  railway  company,  or 

(iv)  a  processor  who  bought  the  hogs 
under  the  plan  and  the  regulations. 
R.R.O.  1970,  Reg.  328,  s.  1 ;  O.  Reg. 
419/71,  s.  1  (1,2). 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  marketing 
within  Ontario  of  hogs,  including  the  prohibition  of 
such  marketing  in  whole  or  in  part.  O.  Reg. 
419/71,  s.  2. 

3.  The  Board  exempts  from  this  Regulation, 

(a)  hogs  marketed  for  any  purpose  except 
slaughter;  and 

(b)  hogs  produced  in  the  territorial  districts  and 
the  Provisional  County  of  Halibur- 
ton.  R.R.O.  1970,  Reg.  328,  s.  3;  O.  Reg. 
419/71,  s.  3  (1). 


POWERS  OF  LOCAL  BOARD 

4.  The   Board   delegates  to  the  local   board   the 
power, 

(a)  to  require  persons  engaged  in  the  producing 
or  marketing  of  hogs  to  register  their 
names,  addresses  and  occupations  with  the 
local  board ; 

(b)  to  require  persons  engaged  in  the  produc- 
ing or  marketing  of  hogs  to  furnish 
such  information  in  respect  of  hogs  including 
the  completing  and  filing  of  returns  as  the 
local  board  determines ; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises 
and  any  hogs  of  persons  engaged  in  market- 
ing hogs ; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  hogs ; 

(e)  to  co-operate  with  a  marketing  board,  local 
board,  marketing  commission  or  marketing 
agency  of  Canada  or  any  province  in  Canada 
for  the  purpose  of  marketing  hogs ; 

(/)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying  out 
of  the  provisions  of  the  Act,  the  regulations 
and  the  plan.  R.R.O.  1970,  Reg.  328,  s.  6; 
O.  Reg.  419/71.  s.  5  (1-3);  O.  Reg.  656/74, 
s.  1. 

5.  The   Board   delegates   to   the   local    board   its 
powers  to  make  regulations  with  respect  to  hogs, 

(o)  providing  for  the  licensing  of  any  or  all  per- 
sons before  commencing  or  continuing  to 
engage  in  the  assembling,  processing,  ship- 
ping or  transporting  of  hogs; 

0)  prohibiting  persons  from  engaging  in  the 
assembling,  processing,  shipping  or  trans- 
porting of  hogs  except  under  the  authority  of  a 
licence; 

(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by 
experience,  financial  responsibility  and 
equipment  to  engage  in  properly  the 
business  for  which  the  application  was 
made,  or  for  any  other  reason  that  the  local 
board  considers  proper; 

{d)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew,  a  licence  for 


720 


FARM  PRODUCTS  MARKETING 


Reg.  368 


failure  to  observe,  perform  or  carry  out  the 
provisions  of  the  Act,  the  regulations, 
the  plan  or  any  order  or  direction  of  the 
local  board ; 

(e)  providing  for  the  fixing  of  licence  fees  pay- 
able by  any  or  all  persons  engaged  in  the 
assembling,  processing,  shipping  or  trans- 
porting of  hogs; 

(/)  prescribing  the  forms  of  licences; 

(g)  requiring  the  furnishing  of  security  or 
proof  of  financial  responsibility  by  any 
person  engaged  in  the  marketing  of  hogs 
and  providing  for  the  administration  and 
disposition  of  any  moneys  or  securities 
so  furnished ; 

(A)  providing  for  the  control  and  regulation 
of  the  marketing  of  hogs,  including  the  times 
and  places  at  which  hogs  may  be  marketed ; 

(j)  requiring  any  person  who  produces  and 
processes  hogs  to  furnish  to  the  local  board 
statements  of  the  amounts  of  hogs  that  he 
produced  in  any  year  and  used  for  proces- 
sing; 

(j)  requiring  any  person  who  produces  hogs 
to  offer  to  sell  and  to  sell  hogs  through  the 
local  board ; 

(k)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  ht)p;s  that  have 
not  been  sold  by  or  througii  the  local 
board ; 

(/)  subject  to  section  3,  providing  for  the 
exemption  from  any  or  all  of  the  regu- 
lations, orders  or  directions  under  the  plan 
of  any  class,  variety  or  grade  of  hogs, 
or  any  person  or  class  of  persons  engaged  in 
the  producing  or  marketing  of  hogs  or  any 
class,  variety  or  grade  of  hogs;  and 

{m)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  hogs  by  or 
through  the  local  board,  and  prescribing  the 
forms  and  the  terms  and  conditions  of  such 
agreements.  R.R.O.  1970,  Reg.  328,  s.  7; 
O.  Reg.  419/71,  s.  6;  O.  Reg.  449/79,  s.  3. 

6. — (1)  The  Board  authorizes  the  local  board 
to  use  any  class  of  licence  fees,  service  charges  and 
other  moneys  payable  to  it,  for  the  purposes  of 
paying  the  expenses  of  the  local  board,  carrying  out 
and  enforcing  the  Act  and  the  regulations  and  carrying 
out  the  purposes  of  the  plan.  R.R.O.  1970,  Reg. 
328,5.8(1);    O.  Reg.  419/71,  s.  7. 

(2)  The  Board  authorizes  the  local  board  to  estab- 
lish a  fund  in  connection  with  the  plan  for  the 
payment  of  any  moneys  that  may  be  required  for  the 


purposes  mentioned  in  subsection  (1).     R.R.O.  1970, 
Reg.  328,  s.  8  (2). 

7.  The  Board  authorizes  the  local  board  to  con- 
duct a  pool  or  pools  for  the  distribution  of  all 
moneys  received  from  the, sale  of  hogs  and,  after 
deducting  all  necessary  and  proper  disbursements 
and  expenses,  to  distribute  the  remainder  of  the 
moneys  received  from  the  sale  in  such  manner  that 
every  producer  receives  a  share  of  the  remainder 
of  the  moneys  received  from  the  sale  in  relation 
to  the  amount,  class,  variety,  grade  or  size  of  hogs 
delivered  by  him,  and  authorizes  the  local  board  to 
make  an  initial  payment  on  delivery  of  hogs  and 
subsequent  payments  until  all  the  remainder  of  the 
moneys  received  from  the  sale  is  distributed  to  the 
producers.     O.  Reg.  656/74,  s.  2. 

APPOINTMENT   OF   AGENTS 

8.  The  Board  authorizes  the  local  board  to 
appoint  agents,  to  prescribe  their  duties  and 
terms  and  conditions  of  employment  and  to  provide 
for  their  remuneration.     R.R.O.  1970,  Reg.  328,  s.  9. 

MARKETING   BY   LOCAL   BOARD 

9. — (1)  All  hogs  shall  be  marketed  by  or  through  the 
local  board. 

(2)  No  person  shall  market  hogs  except  by  or 
through  the  local  board.  R.R.O.  1970,  Reg.  328, 
s.  10. 

POWERS  OF   LOCAL   BOARD 

10.— (1)  The  Board  vests  in  the  local  board  the 
following  powers: 

1.  To  direct  and  control  by  order  or  direction 
either  as  principal  or  agent,  the  marketing 
of  hogs,  including  the  times  and  places  at 
which  hogs  may  be  marketed. 

2.  To  determine  from  time  to  time  the 
price  or  prices  that  shall  be  paid  to 
producers  or  to  the  local  board,  as  the  case 
may  be  for  hogs  or  for  any  grade  of  hogs 
and  to  determine  different  prices  for 
different  parts  of  Ontario. 

3.  To  fix  and  impose  service  charges  from  time 
to  time  for  the  marketing  of  hogs. 

4.  To  require  the  price  or  prices  payable 
or  owing  to  the  producer  for  hogs  to  be 
paid  to  the  local  board. 

5.  To  collect  from  any  person  by  suit  in  a 
court  of  competent  jurisdiction  the  price 
or  prices  or  any  part  thereof  of  hogs. 

6.  To  pay  to  the  producers  the  price  or 
prices  for  hogs  less  service  charges  imposed 


Reg.  368 


FARM  PRODUCTS  MARKETING 


721 


under  paragraph  3  and  to  fix  the  times 
at  which  or  within  which  such  payments 
shall  be  made.  R.R.O.  1970,  Reg.  328, 
s.  U  (1);     O.  Reg.  419/71,  s.  8(1-3). 

(2)  The  service  charges  fixed  for  the  marketing  of 
hogs  shall  not  exceed  amounts  at  the  percentage  rate  of 
1  !4  per  cent  of  the  gross  value  of  each  hog  marketed 
where  the  hog  carcass  complies  with  a  grade  established 
by  section  3  of  Regulation  333  of  Revised  Regulations 
of  Ontario,  1980,  other  than  Canada  Stag,  Canada 
Sow  Class  1  or  Canada  Sow  Class  2. 

(3)  The  service  charges  fixed  for  the  marketing  of 
hogs  shall  not  exceed  amounts  at  the  rate  of  90  cents  for 
each  hog  marketed  where  the  hog  carcass  complies  with 
the  grade  established  by  section  3  of  Regulation  333  of 
Revised  Regulations  of  Ontario,  1980  for  Canada 
Stag,  Canada  Sow  Class  1  or  Canada  Sow  Class  2. 
O.  Reg.  449/79,  s.  4. 

(4)  The  service  charges  fixed  for  the  marketing 
of  hogs  shall  not  exceed  amounts  at  the  rate 
of  two  dollars  for  each  hog  marketed  where  the 
hog  is  a  boar.     R.R.O.  1970,  Reg.  328,  s.  11  (4). 


METHOD  OF  SALE 

11.  Where  the  local  board  sells  hogs  under  the 
powers  vested  under  subsection  10  (1),  the  method  or 
methods  of  selling  hogs  are  subject  to  the  following 
limitations: 

1.  Where  the  local  board  does  not  estab- 
Ush  regular  times  and  one  or  more  regular 
places  for  the  seUing  of  the  hogs,  the 
local  board  shaD  give  notice  to  every 
licensed  processor  of  the  time  and  place  at 
which  the  hogs  are  to  be  sold  so  that  the 
processors  have  a  reasonable  opportunity 
to  bid  at  the  time  that  each  lot  of  hogs  is 
offered  for  sale. 

2.  In  the  seHing  of  the  hogs,  the  local 
board  shall  offer  lots  of  hogs  without 
discrimination  in  a  manner  that  allows 
the  processors  to  bid  competitively  on 
the  hogs. 

3.  When  hogs  are  sold,  the  buyer  of  the  hogs 
shall  be  the  processor  who  first  bid  the 
highest  price  bid  at  the  sale. 

4.  The  local  board  shall  make  and  keep  for 
at  least  one  year  a  record  of  the  sale  of 
every  lot  of  hogs  sold  showing, 

i.  the  number  of  hogs  in  the  lot, 

ii.  the  location  of  the  hogs  at  the  time  of 
the  sale, 

iii.  the  name  and  address  of  the  buyer, 
and 


iv.  the  price  at  which  the  hogs  were  sold. 
R.R.O.  1970,  Reg.  328,  s.  12. 

STATEMENTS  TO  PRODUCERS 

12.  Each  payment  made  under  paragraph  6  of  sub- 
section 10  (1)  shall  be  accompanied  by  a  statement 
showing  the  grades  and  quantity  of  each  grade  of  hogs 
sold,  the  price  or  prices  paid  and  the  particulars  of  the 
service  charges  imposed  by  the  local  board.  R.R.O. 
1970,  Reg.  328,  s.  13. 

ADVISORY  COMMITTEE 

13. — (1)  There  shall  be  an  advisory  committee  to 
be  known  as  "The  Hog  Industry  Advisory  Com- 
mittee" composed  of  a  chairman  and  six  members. 

(2)  After  the  1st  day  of  April  and  before  the 
30th  day  of  April  in  each  year, 

(a)  the  Board  shall  appoint  the  chairman; 

(b)  the  local  board  shall  appoint  three 
members ; 

(c)  the  Ontario  members  of  the  Meat  Packers 
Council  of  Canada  shall  appoint  two 
members:  and 

(d)  the  meat  packers  in  Ontario  who  are 
not  members  of  the  Meat  Packers  Council 
of   Canada   shall   appoint   one   member, 

of  The  Hog  Industry  Advisory  Committee. 

(3)  Subject  to  subsections  (4)  and  (5),  the  members 
of  the  Advisor>'  Committee  appointed  under  subsec- 
tion (2)  are  and  remain  members  thereof  until  the  30th 
day  of  April  in  the  year  next  following  the  year  in 
which  they  were  appointed. 

(4)  Where  a  member  of  the  Advisory  Committee 
dies  or  resigns  or  is  unavailable  to  act  before 
the  expiration  of  his  term,  the  person  or  persons 
who  appointed  him  shall  appoint  a  person  for  the 
unexpired  term  of  the  member  who  died  ot  resigned 
or  was  unavailable  to  act. 

(5)  Where  the  Ontario  members  of  the  Meat 
Packets  Council  of  Canada,  the  meat  packers 
in  Ontario  who  are  not  members  of  the  Meat 
Packers  Council  of  Canada,  or  the  local  board, 
as  the  case  may  be,  fail  to  appoint  a  member 
or  members  to  the  Advisory  Committee  in  ac- 
cordance with  subsection  (2)  or  (4),  the  Board  may 
appoint  such  members  as  are  necessary  to  complete  the 
Advisory  Committee. 

(6)  The  Hog  Industry  Advisory  Committee  is 
empowered  to  advise  and  make  recommenda- 
tions to  the  local  board,  the  Meat  Packers  Council 
of  Canada,  or  to  the  meat  packers  in  Ontario  who 
are  not  members  of  the  Meat  Packers  Council  of 
Canada  in  respect  of. 


722 


FARM  PRODUCTS  MARKETING 


Reg.  368 


(a)  the  promotion  of  harmonious  relationships 
between  persons  engaged  in  the  production 
and  marketing  of  hogs ; 

(b)  the  promotion  of  greater  efficiency  in  the 
production  and  marketing  of  hogs; 

(c)  the  prevention  and  correction  of  irregu- 
larities and  inequities  in  the  marketing  of 
hogs; 


(d)  the  improvement  of  the  quality  and  variety 
of  hogs ; 

(e)  the  improvement  of  the  circulation  of  mar- 
ket information  respecting  hogs;  and 

(/)  without  limiting  the  generality  of  any  of 
the  foregoing,  any  matter  with  respect  to 
which  the  Board  or  the  local  board  may  be 
empowered  to  make  regulations  under  the 
Act.     R.R.O.  1970,  Reg.  328,  s.  14. 


Reg.  369 


FARM  PRODUCTS  MARKETING 


723 


REGULATION  369 

under  the  Farm  Products  Marketing  Act 


LOCAL  BOARDS 

1.  Each  local  board  shaU  within  ten  days  after 
holding  a  meeting  file  with  the  Board  a  copy  of  the 
minutes  of  the  meeting.     R.R.O.  1970,  Reg.  329,  s.  1. 

2.  Where  the  local  board  issues  a  direction  or 
makes  an  order  or  a  regulation,  the  local  board  shall, 
within  five  days  of  issuance  or  making,  file  with  the 
Board  a  true  copy  of  the  direction,  order  or  regula- 
tion.    R.R.O.  1970,  Reg.  329,  s.  2. 

3.  Where  a  local  board  receives  a  copy  of  any 
agreement  or  award  filed  with  the  Board  and  an  order 
of  the  Board  under  subsection  8  (2)  of  the  Act  declar- 
ing the  agreement  or  award  or  part  thereof  in  force,  the 
local  board  shall  file  with  its  secretary-  the  copy  of  the 
agreement  or  award  and  the  order  made  by  the 
Board.     R.R.O.  1970,  Reg.  329,  s.  3. 

4.  Within  four  months  after  the  close  of  the  fiscal 
year  of  a  local  board,  the  local  board  shall  file  with 
the  Board  a  true  copy  of  all  reports  of  its  operations 
for  the  fiscal  year.     R.R.O.  1970,  Reg.  329,  s.  4. 

5. — (1)  Each  local  board  shall  file  with  the  Board 
a  true  copy  of  the  annual  financial  statement  and 
audited  reports  for  each  fiscal  year  of  the  local  board 
within  ten  days  after  the  local  board  receives  the 
audited  report. 

(2)  The  annual  financial  statement  of  a  local 
board  shall  include  the  amount  of  each  grant  or  other 
like  payment  of  money  made  by  the  local  board  to 


any  person  or  association  or  body  of  persons  during 
the  fiscal  year  and  the  name  of  the  person  or 
association  or  body  of  persons  to  whom  the  grant  or 
other  like  payment  of  money  was  made.  R.R.O. 
1970,  Reg.  329,  s.  5. 

6.  Where  a  local  board  appoints  an  agent,  the  local 
board  shall  file  with  the  Board  a  true  copy  of  the 
appointment  and  the  terms  thereof  within  twenty- 
one  days  after  the  appointment  is  made.  R.R.O. 
1970,  Reg.  329,  s.  6. 

7.  Where  the  Board  requires  from  a  local  board 
true  copies  of  statements  and  reports  other  than 
those  provided  for  in  sections  1,  2,  3,  4,  5  and  6, 
the  local  board  shall,  as  soon  as  is  practicable,  but 
not  later  than  thirty  days  from  the  date  that  the 
request  is  received  from  the  Board,  file  with  the 
Board  true  copies  of  the  statements  and  reports. 
R.R.O.  1970,  Reg.  329,  s.  7. 

8.  Subject  to  section  9,  within  four  months  after 
the  end  of  its  fiscal  year  each  local  board  shall 
furnish  to  the  producers  of  the  regulated  product 
during  the  fiscal  year  copies  of  the  annual  statement 
of  operations  and  the  financial  report  of  the  local 
board.     R.R.O.  1970,  Reg.  329,  s.  8. 

9.  Where,  within  four  months  of  the  close  of  its 
fiscal  year,  a  local  board  publishes  in  one  issue  of 
at  least  one  edition  of  a  newspajjer  or  magazine 
having  a  general  circulation  among  its  producers, 
its  annual  statement  of  operations  and  its  financial 
report,  the  local  board  is  not  required  to  comply 
with  section  8.     R.R.O.  1970,  Reg.  329,  s.  9. 


Reg.  370 


FARM  PRODUCTS  MARKETING 


725 


REGULATION  370 

under  the  Farm  Products  Marketing  Act 


POTATOES— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  potatoes.     O.  Reg.  248/76,  s.  1,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  IS  (1),  in  paragraphs 
1,  2,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Corporations  Act:  O.  Reg. 
248/76,  s.  2. 

3.  The  members  of  the  local  board  named  in  the 
Schedule  shall  be  deemed  to  be  the  shareholders  and 
directors  of  the  local  board  in  the  exercise  of  the 
powers  vested  in  the  local  board  under  section  2. 
O.Reg.  248/76,5.3. 

Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario 
Potato  Growers'  Marketing-for-Processing  Plan". 

2.  In  this  plan, 

(a)  "potatoes"  means  potatoes  produced  in 
Ontario,  other  than  potatoes  that  are  used 
for  any  purpose  other  than  processing ; 

{b)  "processing"  means, 

(i)  canning,  dehydrating,  chipping, 
drying,  freezing,  peeling  or  pro- 
cessing with  any  chemical  or  by 
heat  and  combining  or  mixing  po- 
tatoes with  one  or  more  other 
vegetables,  or 

(ii)  entering  into  a  contract  for  the 
purchase  of  potatoes  for  the  purpose 
of  performing  on  the  potatoes  any 
of  the  operations  mentioned  in 
subclause  i ; 

(c)  "processor"  means  a  person  engaged  in 
the  business  of  processing  potatoes ; 

(d)  "producer"  means  a  person  engaged  in  the 
production  of  potatoes. 

3.  This  plan  provides  for  the  control  and  regu- 
lation   in    any   or   all    respects   of    the    marketing 


within  Ontario  of  potatoes,  including  the  prohibition 
of  such  marketing  in  whole  or  in  part. 

4.  There  shall  be  a  local  board  to  be  known  as 
"The  Ontario  Potato  Growers'  Marketing  Board". 

5.  The  local  board  shall  be  composed  of  not 
more  than  eight  producer-members. 

6.  Members  of  the  local  board  shall  be  elected 
or  appointed  in  accordance  with  the  provisions  of 
the  plan  and  shall  hold  office  until  their  successors 
are  elected  or  appointed. 

7.  Producers  are  divided  into  five  districts  as 
follows : 


I.  District    1,    comprising 
Essex  and  Kent. 


the    counties    of 


2.  District  2,  comprising  the  counties  of 
Elgin,  Huron,  Lambton,  Middlesex  and 
Perth. 

3.  District  3,  comprising  the  counties  of 
Brant  and  Oxford  and  the  regional  munici- 
palities of  Haldimand-Norfolk,  Hamilton- 
Went  worth  and  Niagara. 

4.  District  4,  comprising  the  counties  of 
Bruce,  Dufferin,  Grey  and  Wellington  and 
the  regional  municipalities  of  Halton,  Peel 
and  Waterloo. 

5.  District  5,  comprising  the  County  of 
Simcoe  and  The  Regional  Municipality  of 
York. 

8. — (1)  Producers  in  each  of  the  districts  named 
in  section  7  form  a  district  group  of  producers. 

(2)  A  producer  in  a  part  of  Ontario  not  included 
in  a  district  mentioned  in  section  7  may  become 
a  member  of  the  district  group  of  producers  nearest 
to  his  place  of  production. 

9.  There  shall  be  a  committee  in  each  district 
to  be  known  as  the  "District  Potato  Growers' 
Committee". 

10.  On  or  before  the  15th  day  of  November  in  each 
year,  the  producers  in  each  of  districts  1,  2  and  3  shall 
elect  not  fewer  than  three  and  not  more  than  five 
members  and  the  producers  in  each  of  districts  4  and  5 
shall  elect  five  members  to  the  District  Potato  Grow- 
ers' Committee  for  the  district. 


726 


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Reg.  370 


11. — (1)  On  or  before  the  1st  day  of  December  in 
each  year,  the  members  of  each  District  Potato  Grow- 
ers' Committee  shall  elect  from  among  themselves 
members  to  the  local  board  as  follows: 

1.  District  1,  one  member. 

2.  District  2,  one  member. 

3.  District  3,  one  member. 

4.  District  4,  two  members. 

5.  District  5,  three  members. 

(2)  No  person  is  eligible  for  election  from  any 
district  to  the  local  board  unless  he  is  a  producer 
in  the  district  or  a  member  of  the  district  group  of 
producers  under  subsection  8  (2). 

(3)  The  terms  of  office  of  members  of  the  local  board 
expire  on  the  1st  day  of  December  in  the  year  next 
following  the  year  in  which  they  were  elected  or 
appointed. 


12. — (1)  Where,  in  any  year,  a  District  Potato 
Growers'  Committee  fails  to  elect  one  or  more 
members  to  the  local  board  in  accordance  with 
subsection  11(1),  the  members  of  the  local  board  shall, 
at  its  first  meeting  after  the  1st  day  of  December  of  that 
year,  appoint  such  producer-members  as  are  necessary 
to  complete  the  local  board. 

(2)  Where  a  member  elected  or  appointed  to 
the  local  board  dies,  resigns  or  otherwise  ceases  to  be 
a  member  before  the  1st  day  of  December  in  the  year 
next  following  the  date  of  his  election  or  appointment, 
the  members  of  the  District  Committee  may  within 
fourteen  days  thereafter  appoint  a  producer-member 
for  the  unexpired  term  and  in  default  of  such 
appointment  the  local  board  shall  appoint  a  producer- 
member  for  the  unexpired  term  in  the  same  manner 
as  under  subsection  (1). 

(3)  Each  producer-member  appointed  a  member  to 
the  local  board  under  subsection  (1)  or  (2)  shall  be  a 
producer  eligible  under  subsection  11  (2).  O.  Reg. 
248/76,  Sched.;  O.  Reg.  632/78,  s.  1,  revised. 


Reg.  371 


FARM  PRODUCTS  MARKETING 


727 


REGULATION  371 

under  the  Farm  Products  Marketing  Act 


POTATOES— MARKETING 

1.  In  this  Regulation, 

(a)  "local  board"  means  The  Ontario  Potato 
Growers'  Marketing  Board ; 

{b)  "plan"  means  The  Ontario  Potato  Growers' 
Marketing-for-Processing  Plan ; 

(c)  "potatoes"  means  potatoes  produced  in 
Ontario,  other  than  potatoes  that  are  used 
for  any  purpose  other  than  processing ; 

(d)  "processing"  means, 

(i)  canning,  dehydrating,  chipping, 
drying,  freezing,  peeling  or  pro- 
cessing with  any  chemical  or  by 
heat  and  combining  or  mixing  po- 
tatoes with  one  or  more  other 
vegetables,  or 

(ii)  entering  into  a  contract  for  the 
purchase  of  potatoes  for  the  pur- 
pose of  performing  on  the  potatoes 
any  of  the  operations  mentioned  in 
subclause  (i); 

{e)  "processor"  means  a  person  engaged  in 
the  business  of  processing  potatoes ; 

(/)  "producer"  means  a  person  engaged  in 
the  production  of  jwtatoes.  O.  Reg. 
264/76.  s.  1 ;  O.  Reg.  633/78,  s.  1. 

2.  This  Regulation  provides  for  the  control 
and  regulation  in  any  or  all  respects  of  the  marketing 
within  Ontario  of  potatoes,  including  the  prohibition 
of  such  marketing  in  whole  or  in  part.  O.  Reg. 
264/76,  s.  2. 

3.  The  Board  exempts  from  this  Regulation,  other 
than  clauses  6  (a),  (ft)  and  (c),  small  whole  potatoes 
processed  by  canning  or  freezing.  O.  Reg.  264/76, 
s.  3. 

4. — (1)  No  p)erson  shall  commence  or  continue 
to  engage  in  the  processing  of  potatoes  except  under 
the  authority  of  a  licence  as  a  processor  of  potatoes 
in  Form  2. 

(2)  No  licence  in  Form  2  shall  be  issued  except  upon 
application  therefor  in  Form  1. 

(3)  A  licence  in  Form  2  expires  with  the  31st  day  of 
January  next  following  the  date  on  which  the  licence  is 
issued. 


(4)  A  licence  in  Form  2  shall  be  issued  to  a  processor 
without  charge.     O.  Reg.  264/76,  s.  4. 

5. — (1)  The  Board  may  refuse  to  grant  a  licence  as  a 
processor  where  the  applicant  is  not  qualified  by  experi- 
ence, financial  responsibility  and  equipment  to  engage 
in  properly  the  business  for  which  the  application  was 
made  or  for  any  other  reason  that  the  Board  considers 
proper. 

(2)  The  Board  may  suspend  or  revoke  or  refuse  to 
renew  a  licence  as  a  processor  for  failure  to  observe, 
perform  or  carr\-  out  the  provisions  of  the  Act,  the 
regulations,  the  plan  or  any  order  or  direction  of  the 
Board  or  local  board.     O.  Reg.  734/79,  s.  1. 

6.  The  Board  delegates  to  the  local  board  power, 

(a)  to  require  persons  engaged  in  producing 
or  marketing  potatoes  to  register  their 
names,  addresses  and  occupations  with 
the  local  board ; 

(b)  to  require  persons  engaged  in  producing 
or  marketing  potatoes  to  furnish  such 
information  relating  to  the  production 
or  marketing  of  potatoes,  including  the 
completing  and  filing  of  returns,  as  the 
local  board  determines ; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises 
and  any  potatoes  of  persons  engaged  in 
producing  or  marketing  potatoes ; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  potatoes  by  such  means  as 
it  considers  proper ; 

(e)  to  co-operate  with  a  marketing  board, 
local  board,  marketing  commission  or 
marketing  agency  of  Canada  or  any 
province  in  Canada  for  the  purpose  of 
marketing  potatoes ; 

(/)  to  do  such  acts  and  make  such  orders 
and  issue  such  directions  as  are  necessary 
to  enforce  the  due  observance  and  carry- 
ing out  of  the  provisions  of  the  Act,  the 
regulations  or  the  plan.  O.  Reg.  264/76, 
s.  5. 

7.  The  Board  delegates  to  the  local  board  its  powers 
to  make  regulations  with  respect  to  potatoes, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 


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FARM  PRODUCTS  MARKETING 


Reg.  371 


to  engage  in  the  producing  or  marketing  of 
potatoes ; 

(b)  prohibiting  persons  from  engaging  in  the 
producing  or  marketing  of  potatoes  except 
under  the  authority  of  a  Hcence ; 

(c)  providing  for  the  refusal  to  grant  a 
licence  where  the  applicant  is  not  qualified 
by  experience,  financial  responsibility  and 
equipment  to  engage  in  properly  the 
business  for  which  the  application  was 
made,  or  for  any  other  reason  that  the 
local  board  considers  proper ; 

(d)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew,  a  licence  for 
failure  to  observe,  perform  or  carry  out 
the  provisions  of  the  Act,  the  regulations, 
the  plan  or  any  order  or  direction  of 
the  local  board ; 

(e)  providing  for  the  fixing  of  licence  fees 
payable  yearly,  half-yearly,  quarterly  or 
monthly  at  different  amounts  or  in  instal- 
ments from  any  or  all  persons  producing  or 
marketing  potatoes  and  the  collecting  of 
the  licence  fees  and  the  recovering  of  such 
licence  fees  by  suit  in  a  court  of  com- 
petent jurisdiction ; 

(/)  requiring  any  person  who  receives  potatoes 
to  deduct  from  the  moneys  payable  for 
the  potatoes  any  licence  fees  payable  to 
the  local  board  by  the  person  from  whom 
he  receives  the  potatoes,  and  to  forward 
such  licence  fees  to  the  local  board ; 

(g)  requiring  any  person  who  produces  and 
processes  potatoes  to  furnish  to  the  local 
board  statements  of  the  amounts  of  the 
potatoes  that  he  produced  in  any  year 
and  used  for  processing ; 

(h)  prescribing  the  form  of  licences ; 

(i)  subject  to  section  3,  providing  for  the 
exemption  from  any  or  all  of  the  regu- 
lations, orders  or  directions  under  the  plan 
of  any  class,  variety,  grade  or  size  of 
potatoes,  or  any  person  or  class  of  persons 
engaged  in  the  producing  or  marketing  of 
potatoes  or  any  class,  variety,  grade  or 
size  of  potatoes ; 

ij)  providing  for  the  control  and  regulation 
of  the  marketing  of  potatoes,  including 
the  times  and  places  at  which  potatoes 
may  be  marketed ; 

{k)  requiring  any  person  who  produces 
potatoes  to  offer  to  sell  and  to  sell  the 
potatoes  through  the  local  board ;  and 


(/)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  potatoes  that 
have  not  been  sold  through  the  local  board. 
O.  Reg.  264/76,  s.  6;  O.  Reg.  434/78,  s.  1. 

8. — (1)  The  Board  authorizes  the  local  board  to 
use  any  class  of  licence  fees  and  other  moneys 
payable  to  it  for  the  purpose  of  paying  the 
expenses  of  the  local  board,  carrying  out  and 
enforcing  the  Act  and  the  regulations  and  carrying 
out  the  purposes  of  the  plan. 

(2)  The  Board  authorizes  the  local  board  to 
establish  a  fund  in  connection  with  the  plan  for 
the  payment  of  any  moneys  that  may  be  required 
for  the  purposes  mentioned  in  subsection  (1). 
O.  Reg.  264/76,  s.  7. 

9.  The  Board  authorizes  the  local  board  to 
require  the  price  or  prices  payable  or  owing  to 
producers  for  potatoes  to  be  paid  to  or  through 
the  local  board.     O.  Reg.  264/76,  s.  8. 

10.  The  Board  authorizes  the  local  board  to 
prohibit  the  marketing  of  any  class,  variety,  grade 
or  size  of  potatoes.     O.  Reg.  264/76,  s.  9. 

11. — (1)  There  shall  be  a  committee  to  be  known  as 
"The  Potato  Industry  Advisory  Committee". 

(2)  The  Potato  Industry  Advisory  Committee 
shall  be  composed  of  a  chairman  and  not  fewer 
than  six  members. 

(3)  After  the  1st  day  of  November  and  before  the 
30th  day  of  November  in  each  \ear, 

(a)  the  Board  shall  appoint  the  chairman; 

{b)  the  processors  shall  appoint  not  fewer  than 
three  members;  and 

(c)  the  local  board  shall  appoint,  from  among 
its  members,  a  number  of  members  equal 
to  the  number  appointed  under  clause  (b), 

to  The  Potato  Industr>  Advisory  Committee. 

(4)  Subject  to  subsections  (3)  and  (6),  the  members 
of  The  Potato  Industry  Advisory  Committee  hold 
office  until  the  30th  day  of  November  in  the  year 
following  the  year  in  which  they  are  appointed. 

(5)  Where  a  member  of  The  Potato  Industry 
Advisory  Committee  dies  or  resigns  or  is  unavailable 
to  act  before  the  expiration  of  his  term  of  office, 
the  processors  or  the  local  board,  as  the  case  may 
be,  shall  appoint  a  person  for  the  unexpired  term  of 
the  member  who  died,  resigned  or  was  unavailable 
to  act. 

(6)  Where  the  processors  or  the  local  board,  as 
the  case  may  be,  fail  to  appoint  a  member  or 
members  to  The  Potato  Industry  Advisory  Com- 
mittee in  accordance  with  subsection  (3)  or  (5),  the 


Reg.  371 


FARM  PRODUCTS  MARKETING 


729 


Board  may  appoint  such  members  as  are  necessary 
to  complete  the  said  committee. 

(7)  The  Potato  Industry  Advisory  Committee 
may  make  recommendations  to  the  local  board  in 
respect  of, 

(a)  the  promotion  of  harmonious  relationships 
between  persons  engaged  in  the  production 
and  marketing  of  potatoes; 

(b)  the  promotion  of  greater  efficiency  in  the 
production  and  marketing  of  potatoes ; 

(c)  the  prevention  and  correction  of  irregu- 
larities and  inequities  in  the  marketing  of 
potatoes ; 

(d)  the  improvement  of  the  circulation  of 
market  information  respecting  potatoes; 

{e)  without  limiting  the  generality  of  the  fore- 
going, any  matter  with  respect  to  which 
the  Board  or  the  local  board  may  be 
empowered  to  make  regulations  under  the 
Act  respecting  potatoes.  O.  Reg.  159/77, 
s.  1. 

12. — (1)  There  shall  be  five  negotiating  agencies  to 
be  known  as, 

(a)  "The  Negotiating  Committee  for  Potatoes 
for  Dehydration" ; 

(b)  "The  Negotiating  Committee  for  Potatoes 
for  Chips"; 

(f)  "The  Negotiating  Committee  for  Potatoes 
for  Frozen  French  Fries  ' ; 

(d)  "The  Negotiating  Committee  for  Pre- 
peeled  Potatoes" ;  and 

(e)  "The  Negotiating  Committee  for  Potatoes 
for  Soujjs  and  Stews". 

(2)  Each  negotiating  agency  named  in  clauses  (1)  (a), 
(6),  (f ),  id)  and  (e)  shall  be  composed  of  six  persons, 
of  whom  three  shall  be  appointed  by  the  local  board 
and  three  shall  be  appointed  b\  the  processors  who 
purchase  potatoes  for  the  purpose  for  which  the 
negotiating  agency  is  established. 

(3)  The  local  board  and  the  processors  shall  appoint 
their  respective  members  to  the  negotiating  agencies 
named  in  clauses  (1)  (a),  (ft),  (r),  (d)  and  ie)  and  shall 
notify  the  Board  in  writing  of  their  names  and  ad- 
dresses not  later  than  the  10th  day  of  January  in 
ever>- year.     O.  Reg.  633/78,  s.  2. 

(4)  Subject  to  subsections  (S)  and  (6),  the  members 
of  the  negotiating  agencies  appointed  under  this  sec- 
tion are  and  remain  members  until  the  31st  day  of 
December  of  the  year  in  which  the  members  were 
appointed. 


(5)  Where  a  member  of  a  negotiating  agency 
appointed  under  this  section  dies  or  resigns  or  is 
unavailable  to  act  before  the  expiration  of  his 
term  of  membership,  the  local  board  or  the 
processors,  as  the  case  may  be,  who  appointed 
him  shall  appoint  a  person  for  the  unexpired  term 
of  the  member  who  died,  resigned  or  was  unavail- 
able to  act. 

(6)  Where  the  local  board  or  the  processors, 
as  the  case  may  be,  fails  to  make  an  appointment, 
in  the  case  of  an  appointment  referred  to  in 
subsection  (3)  in  any  year  by  the  10th  day  of  January 
or,  in  the  case  of  an  appointment  referred  to  in  subsec- 
tion (5),  within  seven  days  after  a  vacancy  occurs,  the 
Board  shall  appoint  such  persons  as  are  necessar\'  to 
complete  the  negotiating  agency.  O.  Reg.  264/76, 
s.  10  (4-6). 

13.  Each  negotiating  agency  named  in  clauses  12(1) 
(a),  (b),  (c)  and  (d)  is  empowered  to  adopt  or  settle  by 
agreement,  in  respect  of  the  class  of  potatoes  for  which 
it  is  appointed, 

(a)  minimum  prices  for  the  potatoes  or  for 
any  class,  variety,  grade  or  size  of  the 
potatoes ; 

(b)  terms,  conditions  and  forms  of  agreements 
relating  to  the  producing  or  marketing  of 
the  potatoes;  and 

(c)  any  charges,  costs  or  expenses  relating 
to  the  production  or  marketing  of  the 
potatoes.     O.  Reg.  264/76,  s.  11. 

14.  A  meeting  of  a  negotiating  agenc>'  may  be 
convened  by  a  notice  in  writing  given  by  the  three 
members  of  the  negotiating  agency  appointed  by 
the  local  board,  or  by  the  three  members  of  the 
negotiating  agency  appointed  by  the  processors, 
to  the  other  members  of  the  negotiating  agency 
at  least  three  days  but  not  more  than  five  days 
before  the  date  of  the  meeting,  stating  the  time 
and  place  of  the  meeting.     O.  Reg.  264/76,  s.  12. 

15. — (1)  Where  a  meeting  of  a  negotiating  agency 
is  not  held  in  accordance  with  the  notice  required 
by  section  12,  or  where  a  meeting  is  held  and  the 
negotiating  agency  does  not  arrive  at  an  agree- 
ment respecting  all  matters  that  it  is  empowered 
to  adopt  or  settle  by  agreement,  or  where  the 
negotiating  agency  decides  that  an  agreement 
cannot  be  reached  and  so  notifies  the  Board,  on 
or  before  the  28th  da>  of  February  in  any  year,  the 
matters  in  dispute  shall  be  referred  by  the  Board  to  an 
Arbitration  Board.  O.  Reg.  264/76,  s.  13  (1);  O.  Reg. 
159/77,  s.  2. 

(2)  Where  a  negotiating  agency  does  not  arrive 
at  an  agreement  on  all  matters  that  it  is  empowered 
to  adopt  or  settle  by  agreement,  it  may  submit  in 
writing  to  the  Board  a  statement  or  statements  of 
the  matters  in  dispute.     O.  Reg.  264/76,  s.  13  (2). 


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Reg.  371 


16. — (1)  An  Arbitration  Board  shall  be  composed  of 
three  members. 

(2)  One  member  shall  be  appointed  by  the 
three  members  of  the  negotiating  agency  appointed 
by  the  local  board,  and  one  other  member  shall 
be  appointed  by  the  three  members  of  the  negotiating 
agency  appointed  by  the  processors. 

(3)  Where  two  members  are  appointed  to  an 
Arbitration  Board  in  accordance  with  subsection  (2), 
the  two  members  so  appointed  may  appoint  a 
third  member  to  the  Arbitration  Board  but,  where 
the  two  members  do  not  appoint  the  third  member 
within  seven  days  after  the  date  mentioned  in 
subsection  15  (1),  the  B,oard  shall  appoint  the  third 
member. 

(4)  Where  the  three  members  of  the  negotiating 
agency  appointed  by  the  local  board  or  the  three 
members  of  the  negotiating  agency  appointed  by 
the  processors  do  not  appoint  a  member  to  the 
Arbitration  Board  in  accordance  with  subsection  (2) 
within  three  days  after  the  date  mentioned  in  subsec- 
tion 15  (1),  the  Board  shall  appoint  such  members  as 
are  necessary  to  complete  the  Arbitration  Board. 

(5)  The  Board  shall  submit  to  the  Arbitration 
Board  any  statement  or  statements  of  the  matters 
in  dispute  received  from  the  negotiating  agency 
under  subsection  15  (2). 

(6)  The  Arbitration  Board  shall  meet  forthwith 
after  the  appointment  of  the  three  members 
thereof  and  shall  make  an  award  in  respect  of  the 
matters  referred  to  it,  or  all  matters  that  the 
negotiating  agency  is  empowered  to  adopt  or  settle 
by  agreement,  as  the  case  may  be.  O.  Reg.  264/76, 
s.  14. 


Form   1 

Farm  Products  Marketing  Act 

APPLICATION  FOR  LICENCE  AS  A 
PROCESSOR  OF  POTATOES 

To :  The  Farm  Products  Marketing  Board : 
(name  of  applicant) 
(address) 


makes  application   for  a  licence   as  a  processor  of 
potatoes  under  the  Farm  Products  Marketing  Act. 


Dated  at . 
19.... 


. ,  this . 


. day  of . 


(signature  of  applicant) 


(where  applicant  is  a  corporation  or 

partnership,  signature  of  person 

authorized  to  sign) 


(office) 
O.  Reg.  264/76,  Form  1. 

Form  2 

Farm  Products  Marketing  Act 

LICENCE  AS  A  PROCESSOR  OF  POTATOES 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued 


to. 


(name) 


of. 


(address) 

to  engage  in  the  processing  of  potatoes. 

This    licence    expires    with    the    31st    day    of 
January  next  following  the  date  of  issue. 


Dated  at  Toronto,  this day  of . 

19.... 


The  Farm  Products  Marketing 
Board: 


Chairman 


Secretary 
O.  Reg.  264/76,  Form  2. 


Reg.  372 


FARM  PRODUCTS  MARKETING 


731 


REGULATION  372 

under  the  Farm  Products  Marketing  Act 


PROCESSING  TOMATO  SEEDLING 
PLANTS— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  processing  tomato  seedling  plants.  O.  Reg.  116/ 
74,  s.  1,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1),  in  paragraphs 
1,  2,  3,  4,  S,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  19. 

3.  The  members  of  the  local  board  shall  be  deemed 
to  be  the  shareholders  and  the  directors  thereof  in 
the  exercise  of  any  of  the  powers  mentioned  in 
section  2.    O.  Reg.  116/74,  s.  3. 

Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Pro- 
cessing Tomato  Seedling  Plant  Growers'  Marketing 
Plan". 

2.  In  this  plan, 

(a)  "processing"  means  processing  as  defined 
in  section  2  of  The  Ontario  Vegetable 
Growers'  Marketing-for-Procssing  Plan 
continued  under  Regulation  387  of  Revised 
Regulations  of  Ontario,  1980; 

(b)  "processing  tomato  seedling  plants"  means 
seedling  tomato  plants  produced  in  Ontario 
except  seedling  tomato  plants  used  for  any 
purpose  other  than  the  production  of 
tomatoes  for  processing; 

(c)  "producer"  means  a  person  engaged  in  the 
production  of  processing  tomato  seedling 
plants. 


3.  This  plan  applies  to  the  control  and  regulation 
in  any  or  all  respects  of  the  marketing  within  Ontario 
of  processing  tomato  seedling  plants  including  the 
prohibition  of  such  marketing  in  whole  or  in  part. 

4.  There  shall  be  a  local  board  to  be  known  as  "The 
Ontario  Processing  Tomato  Seedling  Plant  Growers' 
Marketing  Board". 

5 .  The  local  board  shall  be  composed  of  four  pro- 
ducer-members. 

6.  The  local  board  shall,  on  the  last  Tuesday  of 
October  in  each  year,  conduct  a  meeting  at  which 
all  producers  of  processing  tomato  seedling  plants 
for  that  year  in  the  records  of  the  local  board  are 
eligible  to  attend. 

7.  At  the  meeting  referred  to  in  section  6,  the 
producers  present  at  the  meeting  shall  elect  producers 
to  be  members  of  the  local  board  as  follows : 

1 .  One  producer  to  be  elected  as  a  member  and 
chairman  of  the  local  board. 

2.  One  producer  to  be  elected  as  a  member 
and  vice-chairman  of  the  local  board. 

3.  Two  producers  to  be  members  and  directors 
of  the  local  board. 

8.  The  producers  elected  under  section  7  take 
oiTice  at  the  conclusion  of  the  meeting  referred  to  in 
section  6. 

9. — (1)  Where  the  producers  fail  to  elect  any 
members  to  the  local  board,  the  members  elected  to 
the  local  board  shall,  as  soon  thereafter  as  may  be 
practicable,  appoint  such  producer-members  as  are 
necessary  to  complete  the  local  board. 

(2)  Where  a  member  elected  or  appointed  to  the 
local  board  dies,  resigns  or  is  unavailable  to  act 
before  the  last  Tuesday  of  October  in  the  year 
next  following  the  date  of  his  election  or  appoint- 
ment, the  members  of  the  local  board  may  appoint 
a  producer-member  for  the  unexpired  term. 
O.  Reg.  116/74,  Sched. ;  O.  Reg.  364/78,  s.  1. 


Reg.  373 


FARM  PRODUCTS  MARKETING 


733 


REGULATION  373 

under  the  Farm  f^rodiicts  Marketing  Act 


PROCESSING  TOMATO  SEEDLING 
PLANTS— MARKETING 

1.  In  this  Regulation, 

(a)  "local  board"  means  The  Ontario  Processing 
Tomato  Seedling  Plant  Growers'  Marketing 
Board ; 

{b)  "plan"  means  The  Ontario  Processing 
Tomato  Seedling  Plant  Growers'  Marketing 
Plan; 

(c)  "processing"  means  processing  as  defined 
in  section  2  of  The  Ontario  Vegetable 
Growers'  Marketing-for-Processing  Plan 
continued  under  Regulation  387  of  Revised 
Regulations  of  Ontario,  1980; 

(d)  "processing  tomato  seedling  plants"  means 
seedling  tomato  plants  produced  in  Ontario 
except  seedling  tomato  plants  used  for  any 
purpose  other  than  the  production  of 
tomatoes  for  processing; 

ie)  "producer"  means  a  person  engaged  in  the 
production  of  processing  tomato  seedling 
plants.     O.  Reg.  117/74,  s.  1. 


2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  resf)ects  of  the  marketing 
within  Ontario  of  processing  tomato  seedling  plants, 
including  the  prohibition  of  such  marketing  in  whole 
or  in  part.    O.  Reg.  117/74,  s.  2. 

3.  The  Board  exempts  from  this  Regulation  pro- 
cessing tomato  seedling  plants  that  are  sold  in  trays. 
O.  Reg.  117/74,  s.  3. 


4.  The  Board  delegates  to  the  local  board  the 
power, 

(a)  to  require  persons  engaged  in  producing 
or  marketing  processing  tomato  seedling 
plants  to  register  their  names,  addresses 
and  occupations  with  the  local  board ; 

(b)  to  require  persons  engaged  in  producing 
6r  marketing  processing  tomato  seedling 
plants  to  furnish  such  information  relating 
to  the  production  or  marketing  of  processing 
tomato  seedling  plants,  including  the  com- 
pleting and  filing  of  returns,  as  the  local 
board  determines; 


(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises 
and  any  processing  tomato  seedling  plants 
of  persons  engaged  in  the  marketing  of 
processing  tomato  seedling  plants; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  processing  tomato  seedling 
plants  by  such  means  as  it  considers  proper ; 

(e)  to  co-operate  with  a  marketing  board, 
local  board,  marketing  commission  or 
marketing  agency  of  Canada  or  of  any 
province  in  Canada  for  the  purpose  of 
marketing  processing  tomato  seedling 
plants ; 

(/)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying 
out  of  the  provisions  of  the  Act,  the  regu- 
lations and  the  plan.    O.  Reg.  117/74,  s.  4. 

5.  The  Board  delegates  to  the  local  board  its 
powers  to  make  regulations  with  respect  to  processing 
tomato  seedling  plants, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 
to  engage  in  the  producing  of  processing 
tomato  seedling  plants; 

{b)  prohibiting  persons  from  engaging  in  the 
producing  of  processing  tomato  seedling 
plants  except  under  the  authority  of  a 
licence ; 

(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by 
experience,  financial  responsibility  and 
equipment  to  engage  in  projjerly  the  busi- 
ness for  which  the  application  was  made,  or 
for  any  other  reason  that  the  local  board 
considers  proper; 

(d)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew,  a  licence  for 
failure  to  observe,  perform  or  carry  out  the 
provisions  of  the  Act,  the  regulations,  the 
plan  or  any  order  or  direction  of  the  local 
board ; 

(e)  providing  for  the  fixing  of  licence  fees  not 
exceeding  ten  cents  per  thousand  pro- 
cessing tomato  seedling  plants,  payable 
yearly,  half-yearly,  quarterly  or  monthly 
at   different   amounts  or   in   instalments. 


734 


FARM  PRODUCTS  MARKETING 


Reg.  373 


from  any  or  all  persons  producing  or 
marketing  processing  tomato  seedling 
plants  and  the  collecting  of  the  licence 
fees  and  the  recovering  of  such  licence 
fees  by  suit  in  a  court  of  competent 
jurisdiction; 

(/)  prescribing  the  form  of  licences ; 

(g)  requiring  any  person  who  receives  pro- 
cessing tomato  seedling  plants  to  deduct 
from  the  moneys  payable  for  the  processing 
tomato  seedling  plants,  any  licence  fees 
payable  to  the  local  board  by  the  person 
from  whom  he  receives  the  processing 
tomato  seedling  plants,  and  to  forward 
such  licence  fees  to  the  local  board.  O.  Reg. 
117/74.  s.  5;  O.  Reg.  296/75,  s.  1 ;  O.  Reg. 
322/78,  s.  1. 

6. — (1)  The  Board  authorizes  the  local  board  to 
use  any  class  of  licence  fees,  service  charges  and 
other  moneys  payable  to  it,  for  the  purposes  of 
paying  the  expenses  of  the  local  board,  carrying 
out  and  enforcing  the  Act  and  the  regulations  and 
carrying  out  the  purposes  of  the  plan. 

(2)  The  Board  authorizes  the  local  board  to  estab- 
lish a  fund  in  connection  with  the  plan  for  the 
payment  of  any  moneys  that  may  be  required  for 
the  purposes  mentioned  in  subsection  (1).  O.  Reg. 
117/74,  s.  6. 

7. — (1)  There  shall  be  a  negotiating  agency  to  be 
known  as  "The  Negotiating  Agency  for  Processing 
Tomato  Seedling  Plants". 

(2)  The  negotiating  agency  named  in  subsection  (1) 
shall  be  composed  of, 

(a)  the  members  of  the  local  board ;  and 

(b)  one  representative  from  each  processor  of 
tomatoes. 

(3)  The  processors  shall,  not  later  than  the  31st  day 
of  December  in  each  year,  appoint  the  persons  referred 
to  in  clause  (2)  (b)  and  shall  notify  the  Board  in  writing 
of  the  names  and  addresses  of  those  persons  appointed. 

(4)  Subject  to  subsections  (5)  and  (6),  the  members 
of  the  negotiating  agency  appointed  under  this  section 
are  and  remain  members  from  the  1st  day  of  January 
until  the  31st  day  of  December  of  the  year  next  fol- 
lowing the  year  in  which  the  members  were  appointed. 

(5)  Where  a  member  of  a  negotiating  agency 
appointed  under  this  section  by  a  processor  dies  or 
resigns  or  is  unavailable  to  act  before  the  expiration 
of  his  term  of  membership,  the  processor  who 
appointed  him  shall  appoint  a  person  for  the  un- 
expired term  of  the  member  who  died,  resigned  or 
was  unavailable  to  act. 

(6)  Where  a  processor  fails  to  make  an  appointment 
under  subsection  (3)  or  (5)  within  seven  days  after  a 


vacancy  occurs,  the  Board  shall  appoint  such  persons 
as  are  necessary  to  complete  the  negotiating  agen- 
cy.    O.  Reg.  117/74,  s.  7. 

8.  The  negotiating  agency  named  in  subsection  7  (1) 
is  empowered  to  adopt  or  settle  by  agreement, 

(a)  minimum  prices  for  processing  tomato 
seedling  plants  or  for  any  class,  variety, 
grade  or  size  thereof ; 

(b)  terms,  conditions  and  forms  of  agreements 
relating  to  the  producing  or  marketing  of 
processing  tomato  seedling  plants;  and 

(c)  any  charges,  costs  or  expenses  relating  to 
the  production  or  marketing  of  processing 
tomato  seedling  plants.  O.  Reg.  117/74,  s.8. 

9.  A  meeting  of  the  negotiating  agency  may  be 
convened  by  a  notice  in  writing  given  by  the  mem- 
bers of  the  local  board  or  by  the  members  of  the 
negotiating  agency  appointed  by  the  processors,  to 
the  other  members  of  the  negotiating  agency  at  least 
five  days  but  not  more  than  seven  days  before  the 
date  of  the  meeting  stating  the  time  and  place  of 
the  meeting.    O.  Reg.  117/74,  s.  9. 

10. — (1)  Where  a  meeting  of  the  negotiating 
agency  is  not  held  in  accordance  with  the  notice 
required  by  section  9,  or  where  a  meeting  is  held 
and  the  negotiating  agency  does  not  arrive  at  an 
agreement  respecting  all  matters  that  it  is  empowered 
to  adopt  or  settle  by  agreement,  or  where  the  negotiat- 
ing agency  decides  that  an  agreement  cannot  be 
reached  and  so  notifies  the  Board  on  or  before  the 
28th  day  of  February  in  any  year,  the  matters  in 
dispute  shall  be  referred  by  the  Board  to  an  Arbitra- 
tion Board. 

(2)  Where  the  negotiating  agency  does  not  arrive 
at  an  agreement  on  all  matters  that  it  is  empowered 
to  adopt  or  settle  by  agreement,  it  may  submit  in 
writing  to  the  Board  a  statement  or  statements  of 
the  matters  in  dispute.     O.  Reg.  117/74,  s.  10. 

11. — (1)  An  Arbitration  Board  shall  be  composed 
of  three  members. 

(2)  One  member  shall  be  appointed  by  the  mem- 
bers of  the  local  board  and  one  member  shall  be 
appointed  by  the  members  of  the  negotiating  agency 
appointed  by  the  processors. 

(3)  Where  two  members  are  appointed  to  the  Arbi- 
tration Board  in  accordance  with  subsection  (2),  the 
two  members  so  appointed  may  appoint  a  third 
member  to  the  Arbitration  Board  but,  where  the  two 
members  do  not  appoint  a  third  member  within  seven 
days  after  the  date  mentioned  in  subsection  10  (1)  in 
any  year,  the  Board  shall  appoint  the  third  member. 

(4)  Where  the  members  of  the  local  board  or  the 
members  of  the  negotiating  agency  appointed  by 


Reg.  373 


FARM  PRODUCTS  MARKETING 


735 


the  processors  do  not  appoint  a  member  to  the 
Arbitration  Board  in  accordance  with  subsection  (2) 
within  seven  days  after  the  date  mentioned  in  subsec- 
tion 10  (1),  the  Board  shall  appoint  such  members  as 
are  necessan.-  to  complete  the  Arbitration  Board. 


(5)  The  Board  shall  submit  to  the  Arbitration 
Board  any  statement  or  statements  of  the  matters 


in   dispute   received   from   the   negotiating   agency 
under  subsection  10  (2). 

(6)  The  Arbitration  Board  shall  meet  forthwith 
after  the  appointment  of  the  three  members  thereof 
and  shall  make  an  award  in  respect  of  the  matters 
referred  to  it,  or  all  matters  that  the  negotiating 
agency  was  empowered  to  adopt  or  settle  by  agree- 
ment, as  the  case  may  be.    O.  Reg.  117/74,  s.  11. 


Il 


Reg.  374 


FARM  PRODUCTS  MARKETING 


737 


REGULATION  374 

under  the  Farm  Products  Marketing  Act 


RUTABAGAS— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  rutabagas.     O.  Reg.  534/79,  s.  I,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
534/79,  s.  2. 

3.  The  members  of  the  local  board  named  in  the 
Schedule  shall  be  deemed  to  be  the  shareholders  and 
directors  of  the  local  board  in  the  exercise  of  the  powers 
vested  in  the  local  board  under  section  2.  O.  Reg. 
534/79,  s.  3. 


Schedule 

Farm  Products  Marketing  Act 
PLAN 

1 .  This  plan  may  b6  cited  as  "The  Ontario  Rutabaga 
Producers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "producer"  means  a  person  engaged  in  the 
production  of  rutabagas; 

0)  "rutabagas"  means  rutabagas  produced  in 
Ontario. 

3.  This  plan  provides  for  the  control  and  regulation 
in  any  or  all  respects  of  the  marketing  within  Ontario  of 
rutabagas,  including  the  prohibition  of  such  marketing 
in  whole  or  in  part. 

4.  This  plan  does  not  apply  in  the  territorial  districts 
of  Algoma,  Cochrane,  Kenora,  Manitoulin,  Nipissing, 
Rainy  River,  Sudbury,  Thunder  Bay  and  Timiskaming 
and  The  Regional  Municipality  of  Sudbury. 

5.  There  shall  be  a  local  board  to  be  known  as  "The 
Ontario  Rutabaga  Producers'  Marketing  Board". 

6.  The  local  board  shall  be  composed  of  seven  pro- 
ducer-members. 

7.  The  members  of  the  local  board  shall  be  elected  or 
appointed  in  accordance  with  the  provisions  of  this  plan 
and  shall  hold  office  until  their  successors  take  office. 


8.  Producers  are  divided  into  two  districts  as  fol- 
lows: 

1.  District  1,  comprising  the  counties  of  Brant, 
Bruce,  Elgin,  Essex,  Grey,  Huron,  Kent, 
Lambton,  Middlesex,  Oxford,  Perth  and 
Wellington  and  the  regional  municipalities  of 
Haldimand-Norfolk,  Hamilton- Wentworth, 
Niagara  and  Waterloo. 

2 .  District  2 ,  comprising  that  part  of  Ontario  not 
included  in  District  1  and  not  excluded  from 
the  plan  by  section  4. 

9. — (1)  The  members  of  the  local  board  from  Dis- 
trict 1  appointed  by  the  Minister  to  hold  office  until  the 
30th  day  of  June,  1981  or  the  30th  day  of  June,  1982, 
as  the  case  may  be,  continue  to  hold  office  until  their 
term  expires. 

(2)  The  member  of  the  local  board  from  District  2 
appointed  by  the  Minister  to  hold  office  until  the  30th 
day  of  June,  1982,  continues  to  hold  office  until  his 
term  expires. 

(3)  The  Minister  may  revoke  any  appointment 
made  by  him  and  make  another  appointment  in  its  stead. 

10.  Representation  on  the  local  board  from  the  dis- 
tricts referred  to  in  section  8  shall  be  as  follows: 

1.  District  1,  six  members. 

2.  District  2,  one  member. 

11. — (1)  The  two  members  of  the  local  board  from 
District  1  elected  in  1980  for  a  term  of  three  years 
continue  to  hold  office  until  the  30th  day  of  June,  1983. 

(2)  On  or  before  the  30th  day  of  June,  1981,  produc- 
ers in  District  1 ,  at  a  meeting  of  the  producers  in  that 
District,  called  by  the  local  board  for  the  purpose,  shall 
elect,  from  among  themselves,  two  members  of  the  local 
board  for  a  term  of  three  years  from  the  30th  day  of 
June,  1981. 

(3)  On  or  before  the  30th  day  of  June,  1982,  produc- 
ers in  District  1 ,  at  a  meeting  of  the  producers  in  that 
District,  called  by  the  local  board  for  the  purpose,  shall 
elect,  from  among  themselves,  two  members  of  the  local 
board  for  a  term  of  three  years  from  the  30th  day  of 
June,  1982. 

(4)  On  or  before  the  30th  day  of  June,  1982,  produc- 
lers  in  District  2,  at  a  meeting  of  the  producers  in  that 
District,  called  by  the  local  board  for  the  purpose,  shall 
elect,  from  among  themselves,  one  member  of  the  local 


738 


FARM  PRODUCTS  MARKETING 


Reg.  374 


board  for  a  term  of  three  years  from  the  30th  day  of 
June,  1982. 

(5)  On  or  before  the  30th  day  of  June,  1983,  and  in 
every  year  thereafter,  producers  in  each  District,  at  a 
meeting  of  producers  in  that  District,  called  by  the  local 
board  for  the  purpose,  shall  elect,  from  among  them- 
selves, persons  as  members  of  the  local  board  to  replace 
those  members  whose  terms  of  office  expire  on  the  30th 
day  of  June  in  that  year. 

(6)  At  the  first  meeting  of  the  local  board  in  each 
year,  the  members  of  the  local  board  shall  elect,  from 
among  themselves,  a  member  to  be  chairman  of  the 
local  board  and  another  member  to  be  vice-chairman 
of  the  local  board. 

12. — (1)  Subject  to  section  10,  at  the  first  meeting  of 
the  local  board  after  the  30th  day  of  June  in  every  year, 
the  members  of  the  local  board  may  appoint  such  pro- 


ducer-members as  are  necessary  to  complete  the  local 
board. 

(2)  Where  a  member  elected  to  the  local  board  or 
appointed  under  this  section  dies  or  resigns  before  his 
term  has  expired,  the  members  of  the  local  board  may, 
subject  to  section  10,  appoint  a  producer-member  for 
the  unexpired  portion  of  the  term. 

(3)  Where  the  members  of  the  local  board  fail  to 
appoint  a  person  for  the  unexpired  portion  of  the  term  of 
a  member  under  subsection  (2)  within  fourteen  days 
from  the  death  or  resignation  of  the  member,  the 
Board  may  appoint  a  person  for  the  unexpired  portion 
of  the  term. 

(4)  Each  producer-member  of  the  local  board  elected 
or  appointed  under  this  plan  shall  be  a  producer  in  the 
district  for  which  he  is  elected  or  appointed.  O.  Reg. 
534/79,  Sched.,  revised. 


Reg.  375 


FARM  PRODUCTS  MARKETING 


739 


REGULATION  375 

under  the  Farm  Products  Marketing  Act 


RUTABAGAS— MARKETING 

1.  In  this  Regulation, 

(a)  "local  board"  means  The  Ontario  Rutabaga 
Producers'  Marketing  Board; 

(b)  "plan"  means  The  Ontario  Rutabaga  Produc- 
ers' Marketing  Plan; 

(f)  "producer"  means  a  person  engaged  in  the 
production  of  rutabagas; 

(d)  "rutabagas"  means  rutabagas  produced  in 
Ontario.     O.  Reg.  536/79,  s.  1. 

2.  This  Regulation  provides  for  the  control  and  reg- 
ulation in  any  or  all  respects  of  the  marketing  within 
Ontario  of  rutabagas,  including  the  prohibition  of  such 
marketing  in  whole  or  in  part.     O.  Reg.  536/79,  s.  2. 

3.  The  Board  exempts  from  this  Regulation 
rutabagas  produced  in  the  territorial  districts  of  Algo- 
ma,  Cochrane,  Kenora,  Manitoulin,  Nipissing,  Rainy 
River,  Sudbury,  Thunder  Bay  and  Timiskaming. 

O.  Reg.  536/79,  s.  3,  revised. 

4.  The  Board  delegates  to  the  local  board  the  power, 

(a)  to  require  persons  engaged  in  producing  or 
marketing  rutabagcis  to  register  their  names, 
addresses  and  occupations  with  the  local 
board; 

(6)  to  require  persons  engaged  in  producing  or 
marketing  rutabagas  to  furnish  such  infor- 
mation relating  to  the  production  or  market- 
ing of  rutabagas,  including  the  completing 
and  filing  of  returns,  as  the  local  board  deter- 
mines; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises  and 
any  rutabagas  of  persons  engaged  in  produc- 
ing or  marketing  rutabagas; 

(d)  to  stimulate,  increase  and  improve  the  mar- 
keting of  rutabagas  by  such  means  as  it  con- 
siders necessary; 

(e)  to  co-operate  with  a  marketing  board,  a  local 
board,  a  marketing  commission  or  a  market- 
ing agency  of  Canada  or  of  any  province  in 
Canada  for  the  purpose  of  marketing 
rutabagas; 


(/)  to  do  such  acts  and  make  such  orders  and  issue 
such  directions  as  are  necessary  to  enforce  the 
due  observance  and  carrying  out  of  the  provi- 
sions of  the  Act,  the  regulations  and  the 
plan.     O.  Reg.  536/79,  s.  4. 

5.  The  Board  delegates  to  the  local  board  its  powers 
to  make  regulations  with  respect  to  rutabagas, 

(a)  providing  for  the  licensing  of  any  or  all  per- 
sons before  commencing  or  continuing  to 
engage  in  the  producing  or  marketing  of 
rutabagas; 

(b)  prohibiting  persons  from  engaging  in  the  pro- 
ducing or  marketing  of  rutabagas  except 
under  the  authority  of  a  licence; 

(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by  experi- 
ence, financial  responsibility  and  equipment 
to  engage  in  properly  the  business  for  which 
the  application  was  made,  or  for  any  other 
reason  that  the  local  board  considers  proper; 

(d)  providing  for  the  suspension  or  revocation  of, 
or  the  refusal  to  renew,  a  licence  for  failure  to 
observe,  perform  or  carry  out  the  provisions 
of  the  Act,  the  regulations,  the  plan  or  any 
order  or  direction  of  the  Board  or  local  board; 

(e)  providing  for  the  fixing  of  licence  fees,  not 
exceeding  3  per  cent  of  the  amount  paid  to  the 
producer,  payable  yearly,  half-yearly,  quar- 
terly or  monthly  at  different  amounts  or  in 
instalments  from  any  or  all  persons  producing 
or  marketing  rutabagas  and  the  collecting  of 
the  licence  fees  and  the  recovering  of  such 
licence  fees  by  suit  in  a  court  of  competent 
jurisdiction; 

(/)  prescribing  the  form  of  licences; 

(g)  subject  to  section  3,  providing  for  the  exemp- 
tion from  any  or  all  of  the  regulations,  orders 
or  directions  under  any  plan  of  any  class,  vari- 
ety, grade  or  size  of  rutabagas,  or  any  person 
or  class  of  persons  engaged  in  producing  or 
marketing  of  rutabagas  or  any  class,  variety, 
grade  or  size  of  rutabagas; 

(h)  requiring  the  furnishing  of  security  or  proof  of 
financial  responsibility  by  any  person  engaged 
in  the  marketing  of  rutabagas  and  providing 
for  the  administration  and  disposition  of  any 
moneys  or  securities  so  furnished; 


740 


FARM  PRODUCTS  MARKETING 


Reg.  375 


(i)  providing  for  the  control  and  regulation  of  the 
marketing  of  rutabagas,  including  the  times 
and  places  at  which  rutabagas  may  be  mar- 
keted; 

0)  providing  for  the  control  and  regulation  of 
agreements  entered  into  by  producers  of 
rutabagas  with  persons  engaged  in  marketing 
rutabagas  and  the  prohibition  of  any  provi- 
sion or  clause  in  such  agreements; 

(k)  requiring  any  person  who  produces  rutabagas 
to  offer  to  sell  and  to  sell  rutabagas  to  or 
through  the  local  board; 

(/)  prohibiting  any  person  from  packing  or  pac- 
kaging any  rutabagas  that  have  not  been  sold 
by  or  through  the  local  board;  and 

(m)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  rutabagas 
through  the  local  board,  and  prescribing  the 
forms  and  the  terms  and  conditions  of  such 
agreements.  O.  Reg.  536/79,  s.  5;  O.  Reg. 
913/79,  s.  1. 

6. — (1)  The  Board  authorizes  the  local  board  to  use 
any  class  of  licence  fees,  service  charges  and  other 
moneys  payable  to  it  for  the  purposes  of  paying  the 
expenses  of  the  local  board,  carrying  out  and  enforcing 
the  Act  and  the  regulations  and  carrying  out  the  pur- 
poses of  the  plan. 

(2)  The  Board  authorizes  the  local  board  to  establish 
a  fund  in  connection  with  the  plan  for  the  payment  of 
any  moneys  that  may  be  required  for  the  purposes 
mentioned  in  subsection  (1).     O.  Reg.  536/79,  s.  6. 

7.  The  Board  authorizes  the  local  board  to  appoint 
agents,  to  prescribe  their  duties  and  terms  and  condi- 
tions of  employment  and  to  provide  for  their  remunera- 
tion.    O.  Reg.  536/79,  s.  7. 

8. — (1)  All  rutabagas  shall  be  marketed  by  or 
through  the  local  board. 

(2)  No  person  shall  market  rutabagas  except  by  or 
through  the  local  board.     O.  Reg.  536/79,  s.  8. 


9.  The  Board  vests  in  the  local  board  the  following 
powers: 

1.  To  direct  and  control,  by  order  or  direction, 
either  as  principal  or  agent,  the  marketing  of 
rutabagas,  including  the  times  and  places  at 
which  rutabagas  may  be  marketed. 

2 .  To  determine  the  quantity  of  each  class,  vari- 
ety, grade  and  size  of  rutabagas  that  shall  be 
marketed  by  each  producer. 

3.  To  prohibit  the  marketing  of  any  class,  vari- 
ety, grade  or  size  of  rutabagas. 

4.  To  determine  from  time  to  time  the  price  or 
prices  that  shall  be  paid  to  producers  or  to  the 
local  board,  as  the  case  may  be,  for  rutabagas 
or  any  class,  variety,  grade  or  size  of 
rutabagas  and  to  determine  different  prices 
for  different  parts  of  Ontario. 

5 .  To  fix  and  impose  service  charges  from  time  to 
time  for  the  marketing  of  rutabagas. 

6.  To  require  the  price  or  prices  payable  or 
owing  to  the  producer  for  rutabagas  to  be  paid 
to  or  through  the  local  board. 

7 .  To  collect  from  any  person  by  suit  in  a  court  of 
competent  jurisdiction  the  price  or  prices  or 
any  part  thereof  of  rutabagas. 

8.  To  pay  from  service  charges  imposed  under 
paragraph  5  its  expenses  in  carrying  out  the 
purposes  of  the  plan. 

9.  To  pay  to  the  producers  the  price  or  prices  for 
rutabagas  less  service  charges  imposed  under 
paragraph  5  and  to  fix  the  times  at  which  or 
within  which  such  payments  shall  be 
made.     O.  Reg.  536/79,  s.  9. 

10.  Each  payment  under  paragraph  9  of  section  9 
shall  be  accompanied  by  a  statement  showing  the  vari- 
ety, grades  of  each  variety  and  quantity  of  each  grade  of 
rutabagas  sold  and  the  price  or  prices  paid  and  the 
particulars  of  the  service  charges  imposed  by  the  local 
board.     O.  Reg.  536/79,  s.  10. 


Reg.  376 


FARM  PRODUCTS  MARKETING 


741 


REGULATION  376 

under  the  Farm  Products  Marketing  Act 


SEED-CORN— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  seed-corn.     R.R.O.  1970,  Reg.  332,  s.  1. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  SO  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  11. 

3.  The  members  of  the  local  board  shall  be 
deemed  to  be  the  shareholders  and  the  directors 
thereof  in  the  exercise  of  any  of  the  powers  men- 
tioned in  section  2.     R.R.O.  1970,  Reg.  332,  s.  3. 

Schedule 

Farm  Products  Marketing  Act 

PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Seed- 
Com  Growers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "dealer"  means  a  person  who  buys  seed- 
corn  from  a  producer  few  resale ; 

(b)  "producer"  means  a  person  engaged  in  the 
production  of  seed-corn ; 

(c)  "seed-corn"  means  the  seed  of  hybrid  corn, 
or  open-pollinated  corn,  of  every  kind  or 
variety  produced  in  Ontario  for  seed  pur- 


poses,  but   does  not  include  the  seed  of 
sweet  com  and  pop-corn. 

3.  This  plan  applies  to  the  control  and  regula- 
tion in  any  or  aU  respects  of  the  marketing  within 
Ontario  of  seed-corn. 

4.  There  shall  be  a  local  board  to  be  known  as 
"The  Ontario  Seed-com  Growers'  Marketing  Board". 

5.  The  local  board  shall  be  composed  of  seven 
members. 

6.  No  grower  is  entitled  to  vote  at  any  election  of 
the  local  board  unless  he  is  registered  with  the  local 
board  for  the  current  year. 

7.  Producers  are  divided  into  three  districts  as 
follows : 

1.  District  1,  comprising  the  County  of  Essex. 

2.  District  2,  comprising  the  County  of  Kent. 

3.  District  3,  comprising  that  part  of  Ontario 
other  than  the  counties  of  Essex  and  Kent. 

8.  The  registered  producers  in  each  district  shall 
on  or  before  the  31st  day  of  March  in  each  year  elect 
a  member  or  members  to  the  local  board  as  follows: 

1.  District  1,  one  member. 

2.  District  2,  five  members. 

3.  District   3,    one    member.     R.R.O.    1970, 
Reg.  332,  Sched. 


Reg.  377 


FARM  PRODUCTS  MARKETING 


743 


REGULATION  377 

under  the  Farm  Products  Marketing  Act 


SEED-CORN— MARKETING 

1.  In  this  Regulation, 

(a)  "dealer"  means  a  person  who  buys  seed- 
com  from  a  producer  for  resale ; 

(b)  "local  board"  means  The  Ontario  Seed- 
Com  Growers'  Marketing  Board ; 

(c)  "plan"  means  The  Ontario  Seed-Com 
Growers'  Marketir^  Plan ; 

(d)  "producer"  means  a  person  engaged  in  the 
production  of  seed-corn ;  and 

(e)  "seed-corn"  means  the  seed  of  hybrid  com 
or  open-pollinated  com  of  every  kind  or 
variety  produced  in  Ontario  fcM-  seed  pur- 
poses, but  does  not  include  the  seed  of 
sweet  com  and  pop-corn.  R.R.O.  1970, 
Reg.  333,  s.  1. 

2.  This  Regulation  applies  to  the  control  and 
regulation  in  any  or  aD  respects  of  the  marketing 
within  Ontario  of  seed-corn,  including  the  prohibi- 
tion of  such  marketing  in  whole  or  in  part.  R.R.O. 
1970,  Reg.  333,  s.  2. 


LICENCES 

3. — (1)  No  person  shall  commence  or  continue  to 
engage  in  the  production  of  seed-com  except  under 
the  authority  of  a  licence  as  a  grower  of  seed-com  in 
Form  1. 

(2)  Subject  to  section  8,  every  producer  shall  be 
deemed  to  be  the  holder  of  a  licence  in  Form  1. 
R.R.O.  1970,  Reg.  333,  s.  3. 

4.— (1)  No  producer  shall  sell  seed-com  to  any 
person  other  than  a  licensed  dealer,  without  a 
licence  as  a  grower  to  sell  seed-com  to  persons 
other  than  dealers  in  Form  3. 

(2)  An  application  for  a  licence  in  Form  3  shall  be 
in  Form  2. 


(3)  A  licence  in  Form  3  shall  be  issued  for  the  period 
from  the  1st  day  of  July  to  the  30th  day  of  June  of  the 
following  year.     R.R.O.  1970,  Reg.  333,  s.  4. 


5. — (1)  No  f>erson  shall  commence  or  continue  to 
engage  in  the  dealing  of  seed-com  except  under  the 


authority  of  a  licence  as  a  dealer  in  seed-com  in 
Form  5. 

(2)  No  licence  in  Form  5  shall  be  issued  except  upon 
application  therefor  in  Form  4. 

(3)  A  licence  expires  with  the  30th  day  of  June 
next  following  the  date  on  which  it  is  issued. 
R.R.O.  1970,  Reg.  333,  s.  5. 

6.  A  hcence  in  Form  3  or  5  shall  be  issued 
without  charge.     R.R.O.  1970,  Reg.  333,  s.  6. 

7. — (1)  The  Board  may  refuse  to  grant  a  licence 
where  the  applicant  is  not  qualified  by  experience, 
financial  responsibility  and  equipment  to  engage  in 
properly  the  business  for  which  the  application  was 
made,  or  for  any  other  reason  that  the  Board  con- 
siders proper. 

(2)  The  Board  may  suspend  or  revoke  or  refuse  to 
renew  a  licence  for  failure  to  observe,  perform  or  carry 
out  the  provisions  of  the  Act,  the  regulations,  the 
plan  <x  any  order  or  direction  of  the  Board  or  the 
local  board.     R.R.O.  1970,  Reg.  333,  s.  7. 

8. — (1)  Every  producer  shaD  pay  to  the  local 
board  licence  fees  at  the  rate  of  2  cents  for  each 
bushel  or  fraction  thereof  of  seed-com  produced  by 
him. 

(2)  Subsection  (1)  does  not  apply  to  seed-corn  that  is 
not  suitable  for  seed  purposes. 

(3)  Where  seed-com  is  deUvered  to  a  dealer  by 
a  producer,  the  dealer  shall  deduct  the  licence  fees 
payable  by  the  producer  from  the  simi  of  money 
due  to  the  producer. 

(4)  Every  dealer  shall  forward  to  the  local  board 
the  licence  fees  deducted  in  any  month  not  later 
than  the  15th  day  of  the  following  month. 

(5)  Every  producer  licensed  to  sell  seed-com  shall 
forward  to  the  local  board  the  licence  fees  payable 
by  him  under  subsection  (1)  in  any  month  not  later 
than  the  ISth  day  of  the  following  month.  R.R.O. 
1970,  Reg.  333,  s.  8. 

POWERS  OF  THE  LOCAL  BOARD 

9. — (1)  The  Board  authorizes  the  local  board  to 
use  the  licence  fees,  and  other  moneys  p>ayable  to  it, 
for  the  purpose  of  paying  the  expenses  of  the  local 


744 


FARM  PRODUCTS  MARKETING 


Reg.  377 


board,  carrying  out  and  enforcing  the  Act  and  the 
regulations  and  carrying  out  the  purposes  of  the 
plan. 

(2)  The  Board  authorizes  the  local  board  to  estab- 
lish a  fund  in  connection  with  the  plan  for  the  pay- 
ment of  any  moneys  that  may  be  required  for  the 
purposes  mentioned  in  subsection  (1).  R.R.O.  1970, 
Reg.  333,  s.  9. 

10.  The  Board  delegates  to  the  local  board  the 
power, 

(a)  to  require  persons  engaged  in  producing 
or  marketing  seed-com  to  register  their 
names,  addresses  and  occupations  with  the 
local  board ; 

(b)  to  require  persons  engaged  in  producing 
or  marketing  seed-com  to  furnish  such 
information  relating  to  the  production  or 
marketing  of  the  seed-com  as  the  local 
board  determines; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  lands  and  premises  and  any  seed- 
com  of  persons  engaged  in  the  marketing 
of  seed-corn ; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  seed-com  by  such  means  as 
it  considers  proper ; 

(e)  to  co-operate  with  a  marketing  board,  a 
local  board  or  a  marketing  agency  of  any 
other  province  for  the  purpose  of  marketing 
seed-corn ; 

(/)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying 
out  of  the  provisions  of  the  Act,  the  regula- 
tions and  the  plan ;  and 

(g)  to  make  regulations  with  respect  to  seed- 
com  providing  for  the  regulating  and  the 
controlhng  of  agreements  entered  into  by 
producers  of  seed-com  with  persons  en- 
gaged in  marketing  or  processing  seed-corn, 
and  the  prohibition  of  any  provision  or 
clause  in  such  agreements.  R.R.O.  1970, 
Reg.  333,  s.  10. 


NEGOTIATING   AGENCY 

1 1 . — ( 1 )  There  shall  be  a  negotiating  agency  to  be 
known  as  "The  Negotiating  Committee  for  Seed- 
Corn"  composed  of  eight  persons,  four  of  whom 
shall  be  appointed  annually  by  the  local  board  and 
four  of  whom  shall  be  appointed  annually  by  the 
dealers. 

(2)  The  local  board  and  the  dealers  shall  appoint 
their  resp)ective  members  of  the  Negotiating  Com- 


mittee for  Seed-Corn  after  the  1st  day  of  January 
and  before  the  15th  day  of  March  and  shall  notify 
the  Board  in  writing  of  their  names  and  addresses 
not  later  than  the  1st  day  of  April  in  each  year. 

(3)  Where  the  local  board  or  the  dealers  fail  to 
appoint  the  persons  in  accordance  with  subsection  (2), 
the  Board  may  appoint  such  representatives  as  are 
necessary  to  complete  the  negotiating  agency. 

(4)  Subject  to  subsections  (5)  and  (6),  the  members 
of  the  negotiating  agency  are  and  remain  members 
until  the  3 1st  day  of  December  of  the  year  in  which  the 
members  were  appointed. 

(5)  Where  a  member  of  the  negotiating  agency 
dies  or  resigns  or  is  unavailable  to  act  before  the 
expiration  of  his  term  of  membership,  the  local  board 
or  the  dealers,  as  the  case  may  be,  who  appointed 
him  shall  appoint  a  person  for  the  unexpired  term 
of  the  member  who  died,  resigned  or  was  unavailable 
to  act. 

(6)  Where  the  local  board  or  the  dealers,  as  the  case 
may  be,  fail  to  make  an  appointment  under  subsec- 
tion (5)  within  seven  days  after  a  vacancy  occurs,  the 
Board  may  appoint  such  persons  as  are  necessary  to 
complete  the  negotiating  agency.  R.R.O.  1970,  Reg. 
333,  s.  11. 


12.  The  Negotiating  Committee  for  Seed-Corn  is 
empowered  to  adopt  or  settle  by  agreement, 

(a)  minimum  prices  for  seed-com  or  for  any 
class,  variety  or  grade  of  seed-corn ; 

(b)  terms,  conditions  and  forms  of  agreements 
relating  to  the  producing  or  marketing  of 
seed-corn ;  and 

(c)  any  charges,  costs  or  expenses  relating  to 
the  production  or  marketing  of  seed-corn. 
R.R.O.  1970,  Reg.  333.  s.  12. 

13.  A  meeting  of  the  negotiating  agency  may  be 

convened  by  a  notice  in  writing  given  by  the  four 
members  appointed  by  the  local  board,  or  by  the 
dealers,  to  the  other  members  of  the  negotiating 
agency  at  least  seven  days,  but  not  more  than  ten 
days,  before  the  date  of  the  meeting  and  stating 
the  time  and  place  of  the  meeting.  R.R.O.  1970, 
Reg.  333,  s.  13. 

ARBITRATION 

14. — (1)  Where  a  meeting  of  the  negotiating  agency 
is  not  held  in  accordance  with  the  notice  required  by 
section  13,  or  where  a  meeting  is  held  and  the  negotiat- 
ing agency  does  not  arrive  at  an  agreement  respecting 
all  matters  that  it  is  empowered  to  adopt  or  settle  by 
agreement,  on  or  before  the  28th  day  of  February  in  any 
year,  the  matters  in  dispute  may  be  referred  by  the 
Board  to  an  Arbitration  Board. 


Reg.  377 


FARM  PRODUCTS  MARKETING 


745 


(2)  Where  the  negotiating  agency  decides  before  the 
28th  day  of  February  that  an  agreement  on  all  matters 
that  it  is  empowered  to  adopt  or  settle  by  agreement 
cannot  be  reached,  it  shall  so  notify  the  Board. 
O.  Reg.  155/80,  s.  1. 

(3)  Where  the  negotiating  agency  does  not  reach 
an  agreement  under  subsection  (1)  or  (2)  it  may 
submit  in  writing  to  the  Board  a  statement  or  state- 
ments of  the  matters  in  dispute.  R.R.O.  1970,  Reg. 
333,  s.  14  (3). 

15. — (1)  The  Arbitration  Board  shall  be  composed 
of  three  members. 

(2)  One  member  may  be  appointed  by  the  four 
members  appointed  by  the  locd  board,  and  one 
other  member  may  be  appointed  by  the  four  members 
appointed  by  the  dealers.  R.R.O.  1970,  Reg.  333, 
s.  15  (1,  2). 

(3)  Where  two  members  are  appointed  to  the  Arbi- 
tration Board  in  accordance  with  subsection  (2),  the 
two  members  so  appointed  may  appoint  a  third 
member  to  the  Arbitration  Board,  but,  where  the  two 
members  fail  to  agree  on  the  third  member  within 
seven  days  after  the  Board  was  notified  under  subsec- 
tion 14  (2),  or  the  28th  day  of  February,  as  the  case 
may  be,  the  Board  shall  appoint  the  third  member. 

(4)  Where  the  four  members  of  the  negotiating 
agency  appointed  by  the  local  board,  or  the  four  mem- 
bers of  the  negotiating  agency  appointed  by  the  deal- 
ers, fail  to  appoint  a  member  to  the  Arbitration  Board 
in  accordance  with  subsection  (2)  within  seven  days 
after  the  Board  was  notified  under  subsection  14  (2),  or 
the  28th  day  of  February,  as  the  case  may  be,  the 
Board  shall  appoint  such  members  as  are  necessary  to 
complete  the  Arbitration  Board.  O.  Reg.  155/80, 
s.  2. 

(5)  The  Board  shall  submit  to  the  Arbitration  Board 
any  statement  of  the  matters  in  dispute  received  from 
the  negotiating  agency  under  subsection  14  (3). 

(6)  The  Arbitration  Board  shall  meet  forthwith 
after  the  appointment  of  the  three  members  thereof 
and  shall  make  an  award  in  respect  of  the  matters 
referred  to  it,  or  all  matters  that  the  negotiating 
agency  is  empowered  to  adopt  or  settle  by  agreement, 
as  the  case  may  be.  R.R.O.  1970,  Reg.  333, 
s.  15  (5,  6). 


Form  1 

Farm  Products  Marketing  Act 

LICENCE  AS  A  GROWER  OF  SEED-CORN 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued 


to 

(name) 

of 

(address) 
to  grow  seed-corn. 

Issued  at  Toronto,  this  ....  day  of ,  19 . . . . 

The  Farm  Products  Marketing  Board: 

Chairman 

Secretary 
R.R.O.  1970.  Reg.  333,  Form  1. 

Form  2 

Farm  Products  Marketing  Act 

APPLICATION  FOR  A  LICENCE  AS  A 
GROWER  TO  SELL  SEED-CORN 

To :  The  Farm  Products  Marketing  Board : 
(name  of  applicant) 


(address) 

makes  application  for  a  licence  as  a  grower  to  sell  seed- 
corn  under  the  Farm  Products  Marketing  Act. 


Dated  at ,  this 


day  of 


,19..., 


(signature  of  applicant) 
R.R.O.  1970,  Reg.  333,  Form  2. 

Form  3 

Farm  Products  Marketing  Act 

LICENCE  AS  A  GROWER 
TO  SELL  SEED-CORN 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued 


to 


of 


(name) 


(address) 


as  a  grower  to  sell  seed-corn  to  persons  other  than 
dealers. 


746 


FARM  PRODUCTS  MARKETING 


Reg.  377 


This  licence  expires  with  the  30th  day  of  June 
next  following  the  date  of  issue. 

Issued  at  Toronto,  this  ....  day  of 19 ... . 


The  Farm  Products  Marketing  Board: 
Chairman 


Secretary 
R.R.O.  1970.  Reg.  333,  Form  3. 


Form  4 

Farm  Products  Marketing  Act 

APPLICATION  FOR  LICENCE  AS 
A  DEALER  IN  SEED-CORN 

To:  The  Farm  Products  Marketing  Board: 
(name  of  applicant) 


(address) 

makes  application  for  a  licence  as  a  dealer  in  seed-corn 
under  the  Farm  Products  Marketing  Act. 


Dated  at ,  this 


day  of 


19. 


(signature  of  applicant) 

R.R.O.  1970,  Reg.  333,  Form  4. 

Form  5 

Farm  Products  Marketing  Act 

LICENCE  AS  A  DEALER  IN  SEED-CORN 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued 


to 


of 


(name) 


(address) 


as  a  dealer  in  seed-corn. 

This  licence  expires  with  the  30th  day  of  June  next 
following  the  date  of  issue. 

Issued  at  Toronto,  this  ....  day  of ,  19 . . . . 

The  Farm  Products  Marketing  Board: 


Chairman 


Secretary 
R.R.O.  1970,  Reg.  333,  Form  5. 


i 


Reg.  378 


FARM  PRODUCTS  MARKETING 


747 


REGULATION  378 

under  the  Farm  Products  Marketing  Act 


SOYA-BEANS— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for 
the  control  and  regulation  of  the  marketing  of  soya- 
beans within  Ontario.  R.R.O.  1970,  Reg.  334,  s.  1, 
revised. 

2.  The  local  board  named  in  the  Schedule  is 
given  the  powers  set  out  in  subsection  15  (1),  in  para- 
graphs 1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16, 
17,  18,  19  and  26  of  subsection  15  (2)  and  in  sections  50 
and  110  of  the  Co-operative  Corporations  Act. 

O.  Reg.  66/79,  s.  12. 

3.  The  members  of  the  local  board  shall  be 
deemed  to  be  the  shareholders  and  directors  thereof 
in  the  exercise  of  any  of  the  powers  mentioned  in 
section  2.     R.R.O.  1970,  Reg.  334,  s.  3. 

Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Soya- 
Bean  Growers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "producer"  means  a  person  engaged  in  the 
production  of  soya-beans  in  Ontario ; 

(6)  "soya-beans"  means  soya-beans  produced 
in  Ontario. 

3.  This  plan  applies  to  the  control  and  regulation 
in  any  or  all  respects  of  the  marketing  within 
Ontario  of  soya-beans,  including  the  prohibition 
of  such  marketing  in  whole  or  in  part . 

4.  There  shall  be  a  local  board  to  be  known  as 
The  Ontario  Soya- Bean  Growers'  Marketing  Board ' ' . 

5.  The  local  board  shall  be  composed  of  fifteen 
producer-members. 

6. — (1)  Producers  who  produce  soya-beans  are 
divided  into  six  districts  as  follows : 

1.  District  1,  comprising  the  County  of  Elgin. 

2.  District  2,  comprising  the  County  of  Essex 
except  Pelee  Island. 

3.  District  3,  comprising  Pelee  Island  in  the 
County  of  Essex. 

4.  District  4,  comprising  the  County  of  Kent. 

5.  District    5,    comprising    the    County    of 
Lambton. 


6.  District  6,  comprising  the  County  of  Middle- 
sex. 

(2)  A  person  who  produces  soya-beans  in  any 
county  or  terri'torial  district  not  included  in  a  district 
may  become  a  member  of  the  district  group  of  pro- 
ducers nearest  to  his  place  of  residence. 

7.  Producers  who  produce  soya-beans  in  each  of 
the  districts  named  in  section  6  form  a  district 
group. 

8.  There  shall  be  a  committee  in  each  district 
known  as  "The  District  Soya-Bean  Growers'  Com- 
mittee". 

9.  On  or  before  the  15th  day  of  January  in  each 
year,  each  district  group  shall  elect  seven  repre- 
sentatives to  The  District  Soya-Bean  Growers' 
Committee  for  the  first  1400  producers  or  part 
thereof  in  the  district  and  an  additional  representative 
for  each  200  producers  or  part  thereof  in  excess  of 
1400  producers  in  the  district. 

10.  On  or  before  the  31st  day  of  January  in  each 
year,  each  District  Soya-Bean  Growers'  Committee 
shall  elect  the  member  or  members  to  the  local  board 
as  follows : 

1.  District  1,  two  members. 

2.  District  2,  three  members. 

3.  District  3,  two  members. 

4.  District  4,  four  members. 

5.  District  5,  two  members. 

6.  District  6,  two  members. 

11.  No  person  is  eligible  for  election  to  the  local 
board  from  any  district  unless  he  resides  within  the 
district. 

12. — (1)  At  its  first  meeting  after  the  31st  day  of 
January,  the  members  elected  to  the  local  board  shall 
appoint  such  producer-members  as  are  necessary-  to 
complete  the  local  board. 

(2)  When  a  member  elected  or  appointed  to  the 
local  board  dies  or  resigns  before  the  31st  day  of 
January  of  the  year  next  following  the  date  of  his 
election  or  appointment,  the  members  of  the  local 
board  may  appoint  a  producer-member  for  the  un- 
expired term. 

(3)  Each  producer-member  appointed  a  member  to 
the  local  board  under  subsection  (1)  or  (2)  shall  be  a 
producer  residing  in  the  district  for  which  he  is  ap- 
pointed.    R.R.O.  1970,  Reg.  334,  Sched. 


Reg.  379 


FARM  PRODUCTS  MARKETING 


749 


REGULATION  379 

under  the  Farm  Products  Marketing  Act 


SOYA-BEANS  —  MARKETING 
i.  In  this  Regulation, 

(a)  "broker"  means  a  person  who  purchases 
soya-beans  for  resale  or  processing  but 
does  not  receive  any  soya-beans; 

(b)  "dealer"  means  a  person, 

(i)  who  purchases  soya-beans  and  also 
purchases  and  receives  soya-beans, 
or 

(ii)  who  only  purchases  and  receives 
soya-beans, 

for  resale  or  processing; 

(c)  "local  board"  means  The  Ontario  Soya- 
Bean  Growers'  Marketing  Board; 

(d)  "plan"  means  The  Ontario  Soya-Bean 
Growers'  Marketing  Plan; 

(e)  "processing"  means  cleaning,  drying,  pro- 
cessing with  or  without  other  ingredients 
or  procfessing  or  manufacturing  of  products 
in  whole  or  in  part  from  soya-beans; 

(/)  "processor"  means  a  person  engaged  in 
processing  soya-beans; 

(g)  "producer"  means  a  person  engaged  in  the 
production  of  soya-beans  in  Ontario; 

(A)  "soya-beans"  means  soya-beans  produced 
in  Ontario.    O.  Reg.  915/78,  s.  1. 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  marketing 
within  Ontario  of  soya-beans,  including  the  pro- 
hibition of  such  marketing  in  whole  or  in  part. 
O.  Reg.  915/78,  s.  2. 

3. — (1)  No  person  shall  commence  or  continue  to 
engage  in  the  business  of  a  broker  of  soya-beans 
except  under  the  authority  of  a  licence  as  a  broker 
of  soya-beans  in  Form  1 . 

(2)  No  licence  in  Form  1  shall  be  issued  except  upon 
application  therefor  in  Form  2.     O.  Reg.  915/78,  s.  3. 

4.— {1)  No  person  shall  commence  or  continue  to 
engage  in  the  business  of  a  dealer  in  soya-beans 
except  under  the  authority  of  a  licence  as  a  dealer 
in  soya-beans  in  Form  3. 


(2)  No  licence  in  Form  3  shall  be  issued  except  upon 
appHcation  therefor  in  Form  4.     O.  Reg.  915/78,  s.  4. 

5. — (1)  No  person  shall  commence  or  continue  to 
engage  in  the  business  of  a  processor  of  soya-beans 
except  under  the  authority  of  a  licence  as  a  pro- 
cessor of  soya-beans  in  Form  5. 

(2)  No  licence  in  Form  5  shall  be  issued  except  upon 
application  therefor  in  Form  6.     O.  Reg.  915/78,  s.  5. 

6. — (1)  A  licence  in  Form  1,  Form  3  or  Form  5 
expires  with  the  31st  day  of  August  in  the  year 
next  following  the  year  in  which  the  licence  is 
issued. 

(2)  A  licence  shall  be  issued  without  charge. 
O.  Reg.  915/78,  s.  6. 

7. — (1)  The  Board  may  refuse  to  grant  a  licence 
where  the  applicant  is  not  qualified  by  experience, 
financial  responsibility  and  equipment  to  engage 
in  properly  the  business  for  which  the  application 
was  made,  or  for  any  other  reason  that  the  Board 
considers  proper. 

(2)  The  Board  may  suspend  or  revoke  or  refuse 
to  renew  a  licence  for  failure  to  observe,  perform  or 
carry  out  the  provisions  of  the  Act,  the  regulations, 
the  plan  or  any  order  or  direction  of  the  Board  or 
the  local  board.    O.  Reg.  915/78,  s.  7. 

8.  The  Board  delegates  to  the  local  board  the 
power, 

(a)  to  require  persons  engaged  in  producing 
or  marketing  soya-beans  to  register  their 
names,  addresses  and  occupations  with  the 
local  board; 

(b)  to  require  persons  engaged  in  producing 
or  marketing  soya-beans  to  furnish  such 
information  relating  to  the  production  or 
marketing  of  soya-beans,  including  the 
completing  and  filing  of  returns,  as  the 
local  board  determines; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises 
and  any  soya-beans  of  persons  engaged  in 
producing  or  marketing  soya-beans ; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  soya-beans  by  such  means 
as  it  considers  proper; 

(e)  to  co-operate  with  a  marketing  board,  a 
local    board,    marketing    commission    or 


750 


FARM  PRODUCTS  MARKETING 


Reg.  379 


marketing  agency  of  Canada  or  any  prov- 
ince in  Canada  for  the  purpose  of  market- 
ing soya-beans;  and 

(/)  to  do  such  acts,  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying 
out  of  the  provisions  of  the  Act,  the 
regulations  and  the  plan.  O.  Reg.  915/78, 
s.  8. 

9.  The  Board  delegates  to  the  local  board  its 
powers  to  make  regulations  with  respect  to  soya- 
beans, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 
to  engage  in  the  producing  of  soya-beans ; 

(b)  prohibiting  persons  from  engaging  in  the 
producing  of  soya-beans  except  under  the 
authority  of  a  licence  issued  by  the  local 
board ; 

(c)  providing  for  the  refusal  to  grant  a  licence 
for  the  producing  of  soya-beans  where  the 
applicant  is  not  qualified  by  experience, 
financial  responsibility  and  equipment  to 
engage  in  properly  the  producing  of  soya- 
beans or  for  any  other  reason  that  the 
local  board  considers  proper; 

{d)  providing  for  the  suspension  or  revocation 
of,  or  refusal  to  renew,  a  licence  for  the 
producing  of  soya-beans  for  failure  to 
observe,  perform  or  carry  out  the  provi- 
sions of  the  Act,  the  regulations,  the  plan 
or  any  order  or  direction  of  the  local 
board ; 

{e)  subject  to  section  10,  providing  for  the 
fixing  of  licence  fees  payable  yearly,  half- 
yearly,  quarterly  or  monthly  at  different 
amounts  or  in  instalments  from  any  or  all 
persons  producing  soya-beans  and  the 
collecting  of  the  licence  fees  by  suit  in  a 
court  of  competent  jurisdiction; 

(/)  requiring  any  person  who  receives  soya- 
beans to  deduct  from  the  moneys  payable 
for  the  soya-beans  any  licence  fees  pay- 
able to  the  local  board  by  the  person  from 
whom  he  receives  the  soya-beans  and  to 
forward  such  licence  fees  to  the  local  board ; 

(g)  requiring  any  person  who  produces  and 
processes  soya-beans  to  furnish  to  the  local 
board  statements  of  the  amounts  of  soya- 
beans that  he  produced  in  any  year  and 
used  for  processing; 

(A)  prescribing  the  form  of  licence  to  pro- 
ducers ; 

(i)  providing  for  the  exemption  from  any  or 
all  of  the  regulations,  orders  or  directions 


under  the  plan  of  any  class,  variety  or 
grade  of  soya-beans,  or  any  person  or 
class  of  persons  engaged  in  the  producing 
or  marketing  of  soya-beans,  or  any  class, 
variety  or  grade  of  soya-beans; 

(;')  providing  for  the  control  and  regulation 
of  the  marketing  of  soya-beans,  including 
the  times  and  places  at  which  soya-beans 
may  be  marketed ; 

(k)  providing  for  the  control  and  regulation  of 
agreements  entered  into  by  producers  of 
soya-beans  with  persons  engaged  in  market- 
ing or  processing  soya-beans  and  the  pro- 
hibition of  any  provision  or  clause  in  such 
agreements ; 

(/)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  soya-beans 
by  or  through  the  local  board  and  prescrib- 
ing the  forms  and  the  terms  and  conditions 
of  such  agreements.    O.  Reg.  915/78,  s.  9. 

10.  The  local  board  shall  not  fix  any  licence  fee 
under  clause  9  (e)  in  excess  of  a  rate  of  90  cents  for  each 
tonne  or  fraction  thereof  of  soya-beans  marketed. 
O.  Reg.  765/80,  s.  1. 

11. — (1)  The  Board  authorizes  the  local  board  to 
use  any  class  of  licence  fees  and  other  moneys 
payable  to  it  for  the  purpose  of  paying  the  expenses 
of  the  local  board,  carrying  out  and  enforcing  the 
Act  and  the  regulations  and  carrying  out  the  pur- 
poses of  the  plan. 

(2)  The  Board  authorizes  the  local  board  to 
establish  a  fund  in  connection  with  the  plan  for 
the  payment  of  any  moneys  that  may  be  required 
for  the  purposes  mentioned  in  subsection  (1).  O.  Reg. 
915/78,  s.  11. 

12. — (1)  The  Board  authorizes  the  local  board  to 
appoint  agents,  to  prescribe  their  duties  and  terms 
and  conditions  of  employment  and  to  provide  for 
their  remuneration. 

(2)  The  Board  vests  in  the  local  board  the  power 
to  purchase  or  otherwise  acquire  such  quantity  or 
quantities  of  soya-beans  as  the  local  board  considers 
advisable  and  to  sell  or  otherwise  dispose  of  any  of 
the  soya-beans  so  purchased  or  acquired.  O.  Reg. 
915/78,  s.  12. 

13. — (1)  There  shall  be  a  negotiating  agency  to 
be  known  as  "The  Negotiating  Agency  for  Soya- 
Beans"  composed  of  twelve  persons  appointed 
annually  after  the  1st  day  of  February  and  before 
the  1st  day  of  March,  upon  the  request  in  writing 
of  the  Board,  of  whom  six  shall  be  appointed  by 
the  local  board,  three  shall  be  appointed  by  the 
processors  and  three  shall  be  appointed  by  the 
Soya-Bean  Committee  of  The  Ontario  Grain  and 
Feed  Dealers'  Association. 


Reg.  379 


FARM  PRODUCTS  MARKETING 


751 


(2)  Where  the  local  board  or  the  processors  or 
the  Soya-Bean  Committee  of  The  Ontario  Grain 
and  Feed  Dealers'  Association  fails  to  appoint  per- 
sons in  accordance  with  subsection  (1)  within  seven 
da}^  of  receipt  of  the  request  in  writing  of  the 
Board,  the  Board  may  appoint  such  representatives 
as  are  necessary  to  complete  the  negotiating  agency. 

(3)  Subject  to  subsections  (4)  and  (S),  the  members 
of  the  negotiating  agency  are  and  remain  members 
until  the  31st  day  of  December  in  the  year  in  which 
the  members  were  appointed. 

(4)  Where  a  member  of  the  negotiating  agency 
dies  or  resigns  or  is  unavailable  to  act  before  the 
expiration  of  his  term  of  membership,  the  local 
board  or  the  processors  or  the  Soya-Bean  Committee 
of  The  Ontario  Grain  and  Feed  Dealers'  Association, 
as  the  case  may  be,  who  appointed  him  shall 
appoint  a  person  for  the  unexpired  term  of  the 
member  who  died,  resigned  or  was  unavailable  to 
act. 

(5)  Where  the  local  board,  the  processors  or  the 
Soya-Bean  Committee  of  The  Ontario  Grain  and 
Feed  Dealers'  Association,  as  the  case  may  be,  fail 
to  make  an  appointment  under  subsection  (4)  within 
seven  days  after  a  vacancy  occurs,  the  Board  may 
appoint  such  persons  as  are  necessary  to  complete 
the  negotiating  agency.    O.  Reg.  915/78,  s.  13. 

14.  The  Negotiating  Committee  for  Soya-Beans 
has  the  power  to  adopt  or  settle  by  agreement, 

(a)  minimum  prices  for  soya-beans  or  for  any 
class,  variety,  grade  or  size  of  soya-beans ; 

(b)  terms,  conditions  and  forms  of  agreement 
relating  to  the  purchasing  or  marketing 
of  soya-beans;  and 

(c)  any  charges,  costs  or  expenses  relating  to 
the  production  or  marketing  of  soya-beans. 
O.  Reg.  915/78,  s.  14. 

15.  A  meeting  of  the  negotiating  agency  may  be 
convened  by  a  notice  in  writing  given  by  the  six 
members  appointed  by  the  local  board  or  by  the 
three  members  appointed  by  the  processors  or  by 
the  three  members  appointed  by  the  Soya-Bean 
Committee  of  The  Ontario  Grain  and  Feed  Dealers' 
Association  to  the  other  members  of  the  negotiating 
agency  at  least  seven  days  but  not  more  than  ten 
days  before  the  date  of  the  meeting  stating  the 
time  and  place  of  the  meeting.    O.  Reg.  915/78,  s.  15. 

16. — (1)  Where  a  meeting  of  the  negotiating 
agency  is  not  held  in  accordance  with  the  notice  in 
section  15,  or  where  a  meeting  is  held  and  the 
negotiating  agency  does  not  arrive  at  an  agreement 
respecting  all  matters  that  it  is  empowered  to  adopt 
or  settle  by  agreement,  on  or  before  the  30th  day 
of  April  in  any  year,  the  matters  in  dispute  may  be 
referred  by  the  Board  to  an  Arbitration  Board. 


(2)  Where  the  negotiating  agency  decides  before 
the  30th  day  of  April  that  an  agreement  on  all 
matters  that  it  is  empowered  to  adopt  or  settle  by 
agreement  cannot  be  reached,  it  shall  so  notify  the 
Board. 

(3)  Where  the  negotiating  agency  does  not  arrive 
at  an  agreement  under  subsection  (1)  or  (2),  it  may 
submit  in  writing  to  the  Board  a  statement  or 
statements  of  the  matters  in  dispute.  O.  Reg. 
915/78,  s.  16. 

17. — (1)  The  Arbitration  Board  shall  be  composed 
of  five  members. 

(2)  Two  members  of  the  Arbitration  Board  may 
be  appointed  by  the  six  members  of  the  negotiating 
agency  appointed  by  the  local  board,  one  member 
may  be  appointed  by  the  three  members  of  the 
negotiating  agency  appointed  by  the  processors  and 
one  member  may  be  appointed  by  the  three  mem- 
bers of  the  negotiating  agency  appointed  by  the 
Soya- Bean  Committee  of  The  Ontario  Grain  and 
Feed  Dealers'  Association. 

(3)  Where  four  members  are  appointed  to  the 
Arbitration  Board  in  accordance  with  subsection  (2), 
the  four  members  so  appointed  may  appoint  a  fifth 
member  to  the  Arbitration  Board,  but,  where  the  four 
members  fail  to  agree  on  the  fifth  member  within 
seven  days  after  the  Board  was  notified  under  subsec- 
tion 16  (2),  or  the  30th  day  of  April,  as  the  case  may  be, 
the  Board  shall  appoint  the  fifth  member. 

(4)  Where  the  members  of  the  negotiating  agency 
fail  to  appoint  any  of  the  four  members  of  the 
Arbitration  Board  in  accordance  with  subsection  (2) 
within  seven  days  after  the  Board  was  notified  under 
subsection  16  (2)  or  the  30th  day  of  April,  as  the  case 
may  be,  the  Board  shall  appoint  such  members  as  are 
necessary  to  complete  the  Arbitration  Board. 

(5)  The  Board  shall  submit  to  the  Arbitration 
Board  any  statement  or  statements  of  the  matters 
in  dispute  received  from  the  negotiating  agency 
under  subsection  16  (3). 

•  (6)  The  Arbitration  Board  shall  meet  forthwith 
after  the  appointment  of  the  five  members  thereof 
and  shall  make  an  award  in  respect  of  the  matters 
referred  to  it,  or  all  matters  that  the  negotiating 
agency  is  empowered  to  adopt  or  settle  by  agree- 
ment, as  the  case  may  be.     O.  Reg.  915/78,  s.  17. 

18.  There  shall  be  an  advisory  committee  to  be 
known  as  The  Soya-Bean  Industry  Advisory  Com- 
mittee composed  of  a  chairman  and  nine  members. 
O.  Reg.  915/78,  s.  18. 

19.  After  the  31st  day  of  January,  and  on  or 
before  the  15th  day  of  February,  in  each  year, 

(a)  the  Board  shall  appoint  the  chairman; 

(b)  the  local  board  shall  appoint  four  members ; 


752 


FARM  PRODUCTS  MARKETING 


Reg.  379 


(c)  the  Soya-Bean  Committee  of  The  Ontario 
Grain  and  Feed  Dealers'  Association  shall 
appoint  three  members ; 

(d)  the  processors  shall  appoint  one  mem- 
ber; and 

(e)  the  brokers  shall  appoint  one  member, 

to  The  Soya-Bean  Industry  Advisory  Committee. 
O.  Reg.  915/78,  s.  19. 

20.  Subject  to  section  21,  the  members  of  the 
advisory  committee  appointed  under  section  19  are 
and  remain  members  thereof  until  the  15th  day  of 
February  in  the  year  next  following  the  year  in 
which  they  were  appointed.     O.  Reg.  915/78,  s.  20. 

21.  Where  a  member  of  The  Soya-Bean  Industry 
Advisory  Committee  dies  or  resigns  or  is  unavail- 
able to  act  before  the  expiration  of  his  term,  the 
person  or  persons  who  appointed  him  shall  appoint 
a  person  for  the  unexpired  term  of  the  member  who 
died,  resigned  or  was  unavailable  to  act.  O.  Reg. 
915/78,  s.  21. 

22.  Where  any  of  the  persons  referred  to  in 
section  19  fail  to  appoint  a  member  to  The  Soya- 
Bean  Industry  Advisory  Committee  in  accordance 
with  section  19  or  21,  the  Board  may  appoint 
such  members  as  are  necessary  to  complete  the  said 
committee.     O.  Reg.  915/78,  s.  22. 

23.  The  Soya-Bean  Industry  Advisory  Committee 
is  empowered  to  advise  and  make  recommendations 
to  the  local  board,  the  Soya-Bean  Committee  of 
The  Ontario  Grain  and  Feed  Dealers'  Association, 
the  processors  or  the  brokers  in  respect  of  any  of 
the  following  matters : 


1.  The  promotion  of  harmonious  relation- 
ships between  persons  engaged  in  the 
production  and  marketing  of  soya-beans. 

2.  The  promotion  of  greater  efficiency  in  the 
production  and  marketing  of  soya-beans. 

3.  The  prevention  and  correction  of  irregu- 
larities and  inequities  in  the  marketing  of 
soya-beans. 


4.  The  improvement  of  the  quality  and 
variety  of  soya-beans. 

5.  The  improvement  of  the  circulation  of 
market  information  respecting  soya-beans. 

6.  Without  limiting  the  generality  of  any 
of  the  foregoing,  any  matter  with  respect 
to  which  the  Board  or  the  local  board  may 
be  empowered  to  make  regulations  under 
the  Act.     O.  Reg.  915/78,  s.  23. 


Form  1 

Farm  Products  Marketing  Act 

LICENCE  AS  A  BROKER  OF  SOYA-BEANS 

Under  the  Farm  Products  Marketing  Act  and 
the  regulations,  and  subject  to  the  limitations 
thereof,  this  licence  is  issued 


to 


of 


(name) 


(address) 
This  licence  expires  with  the  31st  day  of  August, 
19.... 

Issued  at  Toronto,  this day  of , 

19.... 

The  Farm  Products  Marketing  Board: 


Chairman 


Secretary 
O.  Reg.  915/78,  Form  1. 


Form  2 

Farm  Products  Marketing  Act 

APPLICATION  FOR  LICENCE  AS  A 
BROKER  OF  SOYA-BEANS 

To :  The  Farm  Products  Marketing  Board : 
(name  of  applicant) 


(address) 

makes  application  for  a  licence  as  a  broker  of 
soya-beans  under  the  Farm  Products  Marketing 
Act. 


Dated   at    this 


19. 


day   of 


(signature  of  applicant) 

O.  Reg.  915/78,  Form  2. 


Reg.  379 


FARM  PRODUCTS  MARKETING 


753 


Form  3 

Farm  Products  Marketing  Act 

LICENCE  AS  A  DEALER  IN  SOYA-BEANS 

Under  the  Farm  Products  Marketing  Act  and 
the  regulations,  and  subject  to  the  limitations 
thereof,  this  licence  is  issued 


to 


of 


(name) 


(address) 
This  licence  expires  with  the  31st  day  of  August, 
19.... 

Issued  at  Toronto,  this day  of 

19.... 

The  Farm  Products  Marketing  Board: 


Chairman 


Secretary 
O.  Reg.  915/78,  Form  3. 

Form  4 

Farm  Products  Marketing  Act 

APPLICATION  FOR  LICENCE  AS  A 
DEALER  IN  SOYA-BEANS 

To :  The  Farm  Products  Marketing  Board : 

I/We  hereby  make  application  for  a  licence  as  a 
dealer  in  ^oya-beans  under  the  Farm  Products 
Marketing  Act 

(name  of  applicant) 


(address  of  head  office) 


(head  office  manager) 
(address  of  branch) 


(branch  office  manager) 


(name  of  bank) 


(address  of  bank) 


(amount  of  insurance  inventory) 
Facilities  Provided  by  Applicant 

Type  Capacity 

Elevator  (silo  or  other)        

Cleaner  

Scales  (Platform, 
Hopper  or 
Automatic)  

Dryer 

Loading  Facilities 


Truck 


Rail 


Moisture  Testing 
Equipment 


Grading  Equipment 

Dated  at    

19. 


Yes  or  No 


Wt.  per 
Bus. 


Make 


Grading 
Screens 


this   day  of 


(signature  of  applicant) 

O.  Reg.  915/78,  Form  4. 
Form  5 


Farm  Products  Marketing  Act 

LICENCE  AS  A  PROCESSOR  OF 
SOYA-BEANS 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof, 
this  licence  is  issued 


to 


of 


(name) 


(address) 

This  licence  expires  with  the  31st  day  of  August, 

19.... 

Issued  at  Toronto,  this day  of 

19.... 


754 


FARM  PRODUCTS  MARKETING 


Reg.  379 


The  Farm  Products  Marketing  Board: 

Chairman 

Secretary 
O.  Reg.  915/78,  Form  5. 

Form  6 

Farm  Products  Ma/keting  Act 

APPLICATION  FOR  A  LICENCE  AS  A 
PROCESSOR  OF  SOYA-BEANS 

To :  The  Farm  Products  Marketing  Board : 
(name  of  applicant) 


(address) 


makes  application   for  a  licence  as  a  processor  of 
soya-beans    under    the    Farm    Products    Marketing 

Act. 


Dated  at    this 

19.... 


day  of 


(signature  of  applicant) 

O.  Reg.  915/78,  Form  6. 


Reg.  380 


FARM  PRODUCTS  MARKETING 


755 


REGULATION  380 

under  the  Farm  Products  Marketing  Act 


TENDER  FRUIT— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
regulation  and  control  of  the  marketing  within  Ontario 
of  tender  fruit.     O.  Reg.  134/79,  s.  1,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  IS  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  IS,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  SO  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
134/79,  s.  2. 

3.  The  members  of  the  local  board  named  in  the 
Schedule  shall  be  deemed  to  be  the  shareholders  and 
directors  of  the  local  board  in  the  exercise  of  the  powers 
vested  in  the  local  board  under  section  2.  O.  Reg. 
134/79,  s.  3. 

Schedule 

Farm  Products  Marketing  Act 

PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Tender 
Fruit  Producers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "processing  "  means  the  manufacture  of  fruit 
products  or  juice,  beverage  spirits  or  wine 
from  tender  fruit  and  includes  canning, 
bottling,  distilling,  fermenting,  dehydrating, 
drying,  freezing,  or  processing  with  sugar  or 
sulphur  dioxide  or  any  other  chemical; 

(b)  "processor"  means  a  person  engaged  in  the 
business  of  processing  tender  fruit; 

(c)  "producer"  means  a  person  engaged  in  the 
production  of  tender  fruit; 

(d)  "tender  fruit"  means  peaches,  pears,  plums, 
sour  cherries  and  sweet  cherries  produced  in 
Ontario. 

3.  This  plan  provides  for  the  control  and  regulation 
in  any  or  all  respects  of  the  marketing  within  Ontario  of 
tender  fruit,  including  the  prohibition  of  such  market- 
ing in  whole  or  in  part. 

4.  There  shall  be  a  local  board  to  be  known  as  "The 
Ontario  Tender  Fruit  Producers'  Marketing  Board". 

5 .  The  local  board  shall  be  composed  of  eleven  pro- 
ducer-members elected  or  appointed  in  accordance 
with  sections  11  and  12. 


6.  Members  of  the  local  board  shall  be  elected  or 
appointed  in  accordance  with  the  provisions  of  this  plan 
and  shall  hold  office  until  their  successors  are  elected  or 
appointed. 

7.  Producers  are  divided  into  four  districts  and  the 
districts  shall  be  comprised  as  follows: 

1.  District  1,  comprising  the  Judicial  District  of 
Niagara  North  and  the  regional  munici- 
palities of  Halton,  Hamilton- Wentworth 
and  Peel. 

2.  District  2,  comprising  the  Judicial  District  of 
Niagara  South. 

3.  District  3,  comprising  the  counties  of  Essex, 
Kent  and  Lambton. 

4.  District  4,  comprising  The  Regional  Munici- 
pality of  Haldimand-Norfolk  and  the  counties 
of  Brant  and  Elgin. 

8. — (1)  Producers  in  the  Judicial  District  of  Niagara 
South  and  in  each  of  the  regional  municipalities  and 
counties  named  in  Districts  3  or  4  form  a  district  or 
county  group,  as  the  case  may  be,  but  the  producers  in  a 
regional  municipality  or  county  mentioned  in  Districts  3 
and  4  may  by  order  of  the  local  board  be  joined  with  the 
producers  of  any  other  county  in  the  same  district  to 
form  a  county  group. 

(2)  A  producer  in  an  area  of  Ontario  not  included  in  a 
district  mentioned  in  section  7  may  become  a  member  of 
the  district  or  county  group  of  producers  nearest  to  his 
place  of  production. 

9.  There  shall  be  a  committee  in  each  district  to  be 
known  as  the  "District  Tender  Fruit  Producers'  Com- 
mittee". 

10. — (1)  On  or  before  the  31st  day  of  March  in  each 
year  the  district  group  in  the  Judicial  District  of  Niagara 
South  and  in  each  district  or  county  group  mentioned  in 
Districts  3  and  4  shall  elect  a  representative  or  rep- 
resentatives to  the  District  Tender  Fruit  Producers' 
Committee  on  the  basis  of  one  representative  for  each 
thirty  producers  or  fraction  thereof. 

(2)  On  or  before  the  31st  day  of  March  in  each  year 
the  producers  in  the  Town  of  Grimsby,  the  Township  of 
West  Lincoln,  the  Town  of  Lincoln,  the  City  of  St. 
Catharines,  the  Town  of  Niagara-on-the-Lake  and 
the  regional  municipalities  of  Halton,  Hamilton- 
Wentworth  and  Peel  shall  elect  a  representative  or  rep- 
resentatives to  the  District  Tender  Fruit  Producers' 


756 


FARM  PRODUCTS  MARKETING 


Reg.  380 


Committee  on  the  basis  of  one  representative  for  each 
thirty  producers  or  fraction  thereof. 

11. — (1)  On  or  before  the  15th  day  of  April  in  each 
year  each  District  Tender  Pruit  Producers'  Committee 
may  elect,  from  the  producers  in  the  district,  members 
to  the  local  board  as  follows: 


1.  District  1,  si.\  members. 

2.  District  2,  one  member. 

3.  District  3,  three  members. 

4.  District  4,  one  member. 


(2)  No  person  is  eligible  for  election  from  any  district 
unless  he  is  a  producer  in  the  district. 

12. — (1)  At  its  first  meeting  after  the  15th  day  of 
April  the  members  elected  to  the  local  board  shall 
appoint  such  producer-members  as  are  necessary  io 
complete  the  local  board. 

(2)  Where  a  member  elected  or  appointed  to  the  local 
board  dies  or  resigns,  the  members  of  the  local  board 
may  appoint  a  producer-member  for  the  unexpired 
term. 

(3)  Any  person  appointed  a  member  to  the  local 
board  under  subsection  (1)  or  (2)  shall  be  a  member  of  a 
district  or  county  group  for  the  district  for  which  he  is 
appointed.     O.  Reg.  134/79,  Sched. 


Reg.  381 


FARM  PRODUCTS  MARKETING 


757 


REGULATION  381 

under  the  Farm  Products  Marketing  Act 


TENDER  FRUIT— MARKETING 

1.  In  this  Regulation, 

(fl)  "local  board"  means  The  Ontario  Tender 
Fruit  Producers'  Marketing  Board; 

(b)  "plan"  means  The  Ontario  Tender  Fruit  Pro- 
ducers' Marketing  Plan; 

(c)  "processing"  means  the  manufacture  of  ten- 
der fruit  products  or  juice,  beverage  spirits  or 
wine  from  tender  fruit  and  includes  canning, 
bottling,  distilling,  fermenting,  dehydrating, 
drying,  freezing  or  processing  with  sugar  or 
sulphur  dioxide  or  any  other  chemical; 

(d)  "processor"  means  a  person  engaged  in  the 
business  of  processing  tender  fruit; 

(e)  "producer"  means  a  person  engaged  in  the 
production  of  tender  fruit; 

(/)  "tender  fruit"  means  peaches,  pears,  plums, 
sour  cherries  and  sweet  cherries  produced  in 
Ontario.     O.  Reg.  135/79,  s.  1. 

2.  This  Regulation  provides  for  the  control  and  reg- 
ulation in  any  or  all  respects  of  the  marketing  within 
Ontario  of  tender  fruit,  including  the  prohibition  of 
such  marketing  in  whole  or  in  part.  O.  Reg.  135/79, 
s.  2. 

3. — (1)  Persons  engaged  in  the  production  of  tender 
fruit  that  is  sold  by  a  producer  to  a  consumer  are,  in 
respect  of  the  tender  fruit  that  is  sold  to  the  consumer, 
exempt  from  this  Regulation  other  than  clauses  6  (a), 
(b)  and  (c). 

(2)  Sweet  cherries  that  are  sold  for  any  purpose  other 
than  processing  by  a  processor  are  exempt  from  this 
Regulation.     O.  Reg.  135/79,  s.  3. 

4. — (1)  No  person  shall  commence  or  continue  to 
engage  in  the  processing  of  tender  fruit  except  under  the 
authority  of  a  licence  as  a  processor  of  tender  fruit  in 
Form  1. 

(2)  No  licence  in  Form  1  shall  be  bsued  except  upon 
application  therefor  in  Form  2. 

(3)  A  licence  in  Form  1  expires  with  the  31st  day  of 
January  next  following  the  date  on  which  the  licence  is 
issued. 

(4)  A  licence  in  Form  1  may  be  issued  without 
charge.     O.  Reg.  135/79,  s.  4. 


5. — (1)  The  Board  may  refuse  to  grant  a  licence  as  a 
processor  where  the  applicant  is  not  qualified  by  experi- 
ence, financial  responsibility  and  equipment  to  engage 
in  properly  the  business  of  a  processor,  or  for  any  other 
reason  that  the  Board  considers  proper. 

(2)  The  Board  may  suspend  or  revoke  or  refuse  to 
renew  a  licence  as  a  processor  for  failure  to  observe, 
perform  or  carry  out  the  provisions  of  the  Act,  the 
regulations,  the  plan  or  any  order  or  direction  of  the 
Board  or  the  local  board.     O.  Reg.  135/79,  s.  5. 

6.  The  Board  delegates  to  the  local  board  the  power, 

(a)  to  require  persons  engaged  in  producing  or 
marketing  tender  fruit  to  register  their  names, 
£iddresses  and  occupations  with  the  local 
board; 

(b)  to  require  persons  engaged  in  producing  or 
marketing  tender  fruit  to  furnish  such  infor- 
mation relating  to  the  production  or  market- 
ing of  tender  fruit,  including  the  completing 
and  filing  of  returns,  as  the  local  board  deter- 
mines; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises  and 
any  regulated  product  of  persons  engaged  in 
producing  or  marketing  tender  fruit; 

(d)  to  stimulate,  increase  and  improve  the  mar- 
keting of  tender  fruit  by  such  means  as  it 
considers  proper; 

(e)  to  co-operate  with  a  marketing  board,  local 
board,  marketing  commission  or  marketing 
agency  of  Canada  or  of  any  province  in  Can- 
ada for  the  purpose  of  marketing  tender  fruit; 
and 

if)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  the  carrying 
out  of  the  provisions  of  the  Act,  the  regula- 
tions and  the  plan.     O.  Reg.  135/79,  s.  6. 

7.  The  Board  delegates  to  the  local  board  its  powers 
to  make  regulations  with  respect  to  tender  fruit, 

(a)  providing  for  the  licensing  of  any  or  all  per- 
sons before  commencing  or  continuing  to 
engage  in  the  producing  or  marketing  of  ten- 
der fruit; 

(b)  prohibiting  persons  from  engaging  in  the  pro- 
ducing or  marketing  of  tender  fruit  except 
under  the  authority  of  a  licence  issued  by  the 
local  board; 


758 


FARM  PRODUCTS  MARKETING 


Reg.  381 


(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by  experi- 
ence, financial  responsibility  and  equipment 
to  engage  in  properly  the  business  for  which 
the  application  was  made,  or  for  any  other 
reason  that  the  local  board  considers  proper; 

(d)  providing  for  the  suspension  or  revocation  of, 
or  the  refusal  to  renew,  a  licence  for  failure  to 
observe,  perform  or  carry  out  the  provisions 
of  the  Act,  the  regulations,  the  plan  or  any 
order  or  direction  of  the  local  board; 

(e)  providing  for  the  fixing  of  licence  fees  payable 
yearly,  half-yearly,  quarterly  or  monthly  at 
different  amounts  or  in  instalments  from  any 
or  all  persons  producing  or  marketing  tender 
fruit  and  the  collecting  of  the  licence  fees  by 
suit  in  a  court  of  competent  jurisdiction; 

if)  requiring  any  person  who  receives  tender 
fruit  to  deduct  from  the  moneys  payable  for 
the  tender  fruit  any  licence  fees  payable  to  the 
local  board  by  the  person  from  whom  he 
receives  the  tender  fruit,  and  to  forward  such 
licence  fees  to  the  local  board; 

(g)  requiring  any  person  who  produces  and  pro- 
cesses tender  fruit  to  furnish  to  the  local  board 
statements  of  the  amounts  of  tender  fruit  that 
he  produced  in  any  year  and  used  for  proces- 
sing; 

(h)  prescribing  the  form  of  licences; 

(i)  subject  to  section  3,  providing  for  the  exemp- 
tion from  any  or  all  of  the  regulations,  orders 
or  directions  under  the  plan  of  any  class,  vari- 
ety, grade  or  size  of  tender  fruit,  or  any  person 
or  class  of  persons  engaged  in  the  producing 
or  marketing  of  tender  fruit  or  any  class,  vari- 
ety, grade  or  size  of  tender  fruit; 

(;■)  requiring  the  furnishing  of  security  or  proof 
of  financial  responsibility  by  any  person 
engaged  in  the  marketing  of  tender  fruit  and 
providing  for  the  administration  and  disposi- 
tion of  any  moneys  or  securities  so  furnished; 

(k)  providing  for  the  control  and  regulation  of  the 
marketing  of  tender  fruit,  including  the  times 
and  places  at  which  tender  fruit  may  be  mar- 
keted; 

(/)  providing  for  the  control  and  regulation  of 
agreements  entered  into  by  producers  of  ten- 
der fruit  with  persons  engaged  in  marketing 
or  processing  tender  fruit,  and  the  prohibition 
of  any  provision  or  clause  in  such  agreements; 

(m)  requiring  any  person  who  produces  tender 
fruit  to  offer  to  sell  and  to  sell  the  tender  fruit 
to  or  through  the  local  board; 


(K)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  tender  fruit  that 
has  not  been  sold  by  or  through  the  local 
board;  and 

(o)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  tender  fruit 
through  the  local  board,  and  prescribing  the 
forms  and  the  terms  and  conditions  of  such 
agreements.     O.  Reg.  135/79,  s.  7. 

8. — (1)  The  Board  authorizes  the  local  board  to  use 
any  class  of  licence  fees,  service  charges  and  other 
moneys  payable  to  it,  for  the  purposes  of  paying  the 
expenses  of  the  local  board,  carrying  out  and  enforcing 
the  Act  and  the  regulations  and  carrying  out  the  pur- 
poses of  the  plan. 

(2)  The  Board  authorizes  the  local  board  to  establish 
a  fund  in  connection  with  the  plan  for  the  payment  of 
any  moneys  that  may  be  required  for  the  purposes 
mentioned  in  subsection  (1).     O.  Reg.  135/79,  s.  8. 

9.  The  Board  authorizes  the  local  board  to  appoint 
agents,  to  prescribe  their  duties  and  terms  and  condi- 
tions of  employment  and  to  provide  for  their  remunera- 
tion.    O.  Reg.  135/79,  s.  9. 

10.  The  Board  vests  in  the  local  board  the  following 
powers: 

1.  To  direct  and  control,  by  order  or  direction, 
either  as  principal  or  agent,  the  marketing  of 
tender  fruit  including  the  times  and  places  at 
which  tender  fruit  may  be  marketed. 

2 .  To  determine  the  quantity  of  each  class,  vari- 
ety, grade  and  size  of  tender  fruit  that  shall  be 
marketed  by  each  producer. 

3.  To  prohibit  the  marketing  of  any  class,  vari- 
ety, grade  or  size  of  tender  fruit. 

4.  To  determine  from  time  to  time  the  price  or 
prices  that  shall  be  paid  to  producers  or  to  the 
local  board,  as  the  case  may  be,  for  tender 
fruit  or  any  class,  variety,  grade  or  size  of 
tender  fruit  and  to  determine  different  prices 
for  different  parts  of  Ontario. 

5.  To  fix  and  impose  service  charges  from  time 
to  time  for  the  marketing  of  tender  fruit. 

6.  To  require  the  price  or  prices  payable  or 
owing  to  the  producer  for  tender  fruit  to  be 
paid  to  or  through  the  local  board. 

7 .  To  collect  from  any  person  by  suit  in  a  court  of 
competent  jurisdiction  the  price  or  prices  or 
any  part  thereof  of  tender  fruit. 

8.  To  purchase  or  otherwise  acquire  such  quan- 
tity or  quantities  of  tender  fruit  as  the  local 
board   considers   advisable   and   to   sell   or 


Reg.  381 


FARM  PRODUCTS  MARKETING 


759 


otherwise   dispose   of  any   tender   fruit   so 
purchased  or  acquired. 

9.  To  pay  from  service  charges  imposed  under 
paragraph  5  its  expenses  in  carrying  out  the 
purposes  of  the  plan. 

10.  To  pay  to  the  producers  the  price  or  prices  for 
tender  fruit,  less  service  charges  imposed 
under  paragraph  5  and  to  fix  the  times  at 
which  or  within  which  such  payments  shall  be 
made.     O.  Reg.  135/79,  s.  10. 

11.  Each  payment  under  paragraph  10  of  section  10 
shall  be  accompanied  by  a  statement  showing  the  kinds 
and  the  grades  and  quantity  of  each  grade  offender  fruit 
sold,  the  price  or  prices  paid  and  the  particulars  of  the 
service  charges  imposed  by  the  local  board.  O.  Reg. 
135/79,  s.  11. 

12.  The  Board  authorizes  the  local  board  to  conduct 
a  pool  or  pools  for  the  distribution  of  all  moneys 
received  from  the  sale  of  tender  fruit  and  after  deduct- 
ing all  necessary  and  proper  disbursements  and 
expenses,  to  distribute  the  remainder  of  the  moneys 
received  from  the  sale  in  such  manner  that  every  pro- 
ducer receives  a  share  of  the  remainder  of  the  moneys 
received  from  the  sale  in  relation. to  the  amount,  class, 
variety,  grade  or  size  of  tender  fruit  delivered  by  him 
and  authorizes  such  local  board  to  make  an  initial  pay- 
ment on  delivery  of  the  tender  fruit  and  subsequent 
payments  until  all  of  the  remainder  of  the  moneys 
received  from  the  sale  is  distributed  to  the  producers. 
O.  Reg.  135/79,  s.  12. 

13. — (1)  There  shall  be  two  advisory  committees  to 
be  known  as  "The  Processing  Advisory  Committee" 
and  "The  Fresh  Market  Advisory  Committee",  each 
composed  of  a  chairman  and  six  members. 

(2)  After  the  1st  day  of  April  and  before  the  30th  day 
of  April  in  each  year, 

{a)  the  Board  shall  appoint  the  chairman  of  each 
committee; 

(b)  the  local  board  shall  appoint  three  members 
to  each  committee; 

(c)  The  Ontario  Food  Processors'  Association 
shall  appoint  three  members  to  the  Processing 
Advisory  Committee;  and 

(d)  the  Canadian  Fruit  Wholesalers'  Association 
shall  appoint  three  members  to  the  Fresh 
Market  Advisory  Committee. 

(3)  Subject  to  subsections  (4)  and  (5),  the  members 
of  the  advisory  committees  appointed  under  subsection 
(2)  are  and  remain  members  thereof  until  the  30th  day 
of  April  in  the  year  following  the  year  in  which  they 
are  appointed. 

(4)  Where  a  member  of  an  advisory  committee  dies 
or  resigns  or  is  unavailable  to  act  before  the  expiration 


of  his  term,  the  person  or  persons  who  appointed  him 
shall  appoint  a  person  for  the  unexpired  term  of  the 
member  who  died  or  resigned  or  was  unavailable  to  act. 

(5)  Where  the  Ontario  Food  Processors'  Association 
or  the  Canadian  Fruit  Wholesalers'  Association  or  the 
local  board,  as  the  case  may  be,  fails  to  appoint  a 
member  or  members  to  an  advisory  committee  in 
accordance  with  subsection  (2)  or  (4),  the  Board  may 
appoint  such  members  as  are  necessary  to  complete  the 
advisory  committee. 

(6)  The  Processing  Advisory  Committee  is  empow- 
ered, respecting  tender  fruit  that  is  sold  for  processing, 
to  advise  and  make  recommendations  to  the  local  board 
or  to  the  Ontario  Food  Processors'  Association  in 
respect  of, 

(a)  the  promotion  of  harmonious  relationships 
between  persons  engaged  in  the  production 
and  marketing  of  tender  fruit; 

(b)  the  promotion  of  greater  efficiency  in  the  pro- 
duction and  marketing  of  tender  fruit; 

(c)  the  prevention  and  correction  of  irregularities 
and  inequities  in  the  marketing  of  tender 
fruit; 

(d)  the  improvement  of  the  quality  and  variety  of 
tender  fruit; 

(e)  the  improvement  of  the  circulation  of  market 
information  respecting  tender  fruit;  and 

(/)  without  limiting  the  generality  of  the  fore- 
going, any  matter  in  respect  of  which  the 
Board  or  the  local  board  may  be  empowered 
to  make  regulations  under  the  Act. 

(7)  The  Fresh  Market  Advisory  Committee  is 
empowered,  respecting  tender  fruit  that  is  sold  for  a 
purpose  other  than  processing,  to  advise  and  make 
recommendations  to  the  local  board  or  to  the  Canadian 
Fruit  Wholesalers'  Association  in  respect  of, 

(a)  the  promotion  of  harmonious  relationships 
between  persons  engaged  in  the  marketing  of 
tender  fruit; 

(b)  the  promotion  of  greater  efficiency  in  the  pro- 
duction and  marketing  of  tender  fruit; 

(c)  the  prevention  and  correction  of  irregularities 
and  inequities  in  the  marketing  of  tender 
fruit; 

(d)  the  improvement  of  the  quality  and  variety  of 
tender  fruit; 

(e)  the  improvement  of  the  circulation  of  market 
information  respecting  tender  fruit;  and 

(/)  without  limiting  the  generality  of  any  of  the  fore- 
going, any  matter  in  respect  of  which  the  Board 


760 


FARM  PRODUCTS  MARKETING 


Reg.  381 


or  the  local  board  may  be  empowered  to 
make  regulations  under  the  Act.  O.  Reg. 
135/79,  s.  13. 

Form  1 

Farm  Products  Marketing  Act 

LICENCE  AS  A  PROCESSOR  OF 
TENDER  FRUIT 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued 


to 


of 


(name) 


(address) 

to  engage  in  the  processing  of  tender  fruit. 

This  licence  expires  with  the  31st  day  of  January  next 
following  the  date  of  issue. 

Dated  at  Toronto,  this  .  .  .  day  of ,  19  .  . 

The  Farm  Products  Marketing  Board: 


Chairman 


Secretary 
O.  Reg.  135/79,  Form  1. 


Form  2 

Farm  Products  Marketing  Act 

APPLICATION  FOR  LICENCE  AS  A 
PROCESSOR  OF  TENDER  FRUIT 

To:  The  Farm  Products  Marketing  Board: 
(name  of  applicant) 


(address) 

makes  application  for  a  licence  as  a  processor  of  tender 
fruit  under  the  Farm  Products  Marketing  Act. 


Dated  at ,  this 


.  .  .  day  of ,  19.. 

(signature  of  applicant) 


(where  applicant  is  a  corporation 
or  partnership,  signature  of  per- 
son authorized  to  sign) 


(office) 
O.  Reg.  135/79,  Form  2. 


Reg.  382 


FARM  PRODUCTS  MARKETING 


761 


REGULATION  382 


under  the  Farm  Products  Marketing  Act 


TOBACCO  — PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  tobacco.     R.R.O.  1970,  Reg.  340,  s.  1,  revised. 

2.  The  local  board  named  in  the  Schedule  is 
given  the  powers  set  out  in  subsection  15  (1),  in  para- 
graphs 1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  IS,  16, 
17,  18,  19  and  26  of  subsection  15  (2)  and  in  sections 
50  and  110  of  the  Co-operative  Corporations  Act. 
O.  Reg.  66/79,  s.  14. 


3.  The  members  of  the  local  board  named  in  the 
Schedule  shall  be  deemed  to  be  the  shareholders  and 
the  directors  of  the  local  board  in  the  exercise  of  the 
powers  vested  in  the  local  board  under  section  2. 
R.R.O.  1970.  Reg.  340.  s.  3. 


Schedule 

Farm  Products  Marketing  Act 

PLAN 

1.  This    plan    may    be    cited    as    "The    Ontario 
Flue-Cured    Tobacco    Growers'    Marketing    Plan". 

2.  In  this  plan, 

(a)  "local  board"  means  The  Ontario  Flue- 
Cured  Tobacco  Growers'  Marketing 
Board ; 

(b)  "producer"  means  a  person  engaged  in  the 
production  of  tobacco  in  Ontario; 

(c)  "tobacco"  means  unmanufactured  flue- 
cured   tobacco   produced   in    Ontario. 

3. — (1)  In  this  section, 

(a)  "basic  production  quota"  means  a  quota 
expressed  as  a  specified  number  of  pounds 
of  tobacco  fixed  and  allotted  to  a  person 
by  the  local  board  and  derived  by  the 
local  board  from  a  specified  acreage ; 

(b)  "production  quota"  means  a  quota  ex- 
pressed as  a  specified  number  of  pounds  of 
tobacco  fixed  and  allotted  to  a  person  by 
the  local  board  to  produce  a  specified 
number  of  pounds  of  tobacco  in  a  year  and 


derived  by  the  local  board  from  a  basic 
production  quota. 

(2)  For  the  purpose  of  electing  producer  repre- 
sentatives to  the  local  board  or  The  District  Flue- 
Cured  Tobacco  Growers'  Committee  under  sections 
10  to  12,  or  for  the  purpose  of  being  eligible  to  be  a 
member  thereof,  a  producer  is  an  allottee  of  a 
basic  production  quota  of  not  less  than  lO.OOQ  pounds 
who  produces  tobacco  on  his  own  account  pursuant 
to  a  production  quota  derived  from  that  basic 
production  quota,  allotted  for  the  year  in  which 
his  qualification  under  sections  10  to  12  is  at  issue 
and  who,  subject  to  subsection  (3),  notifies  the  local 
board  in  writing  prior  to  the  1st  day  of  October  in 
that  year  of  his  intention  to  market  on  his  own 
account,  pursuant  to  a  marketing  quota  allotted  to 
him  by  the  local  board,  not  less  than  the  amount  of 
tobacco  that  may  be  marketed  pursuant  to  a 
marketing  quota  derived  from  a  basic  production 
quota  of  10,000  pounds,  and, 

(a)  where  the  producer  is  a  corporation,  the 
person,  if  any,  designated  in  writing  by 
the  corporation  to  be  the  producer,  shall  be 
deemed  to  be  the  producer ; 

(b)  where  the  producer  is  a  firm  or  partnership 
or  one  or  more  persons  carrying  on  the 
production  and  marketing  under  a  trade 
name,  farm  name  or  other  designation, 
the  person,  if  any,  designated  in  writing 
by  the  firm,  partnership  or  persons  to  be 
the  producer,  shall  be  deemed  to  be  the 
producer ;  and 

(c)  where  the  producer  is  comprised  of  two  or 
more  persons  who  are  joint  allottees,  the 
one  of  such  joint  allottees  who  first 
presents  himself  to  register  to  vote  on 
behalf  of  the  joint  allottees  shall  be  deemed 
to  be  the  producer. 

(3)  Where  the  local  board  receives  an  affidavit  of  a 
producer,  not  later  than  the  1st  day  of  October  in 
any  year,  that  he  would,  but  for  adverse  weather,  be 
able  to  market  the  amount  of  tobacco  referred  to  in 
subsection  (2)  but,  owing  to  such  adverse  weather, 
will  not  be  so  able  and  where  the  local  board  is 
satisfied  as  to  the  truth  of  the  matters  stated  in  the 
affidavit,  the  local  board  may  direct  that  the  pro- 
ducer be  eligible  to  elect  producer  representatives 
to  the  local  board  or  The  District  Flue-Cured 
Tobacco  Growers'  Committee  or  be  elected  a 
member  thereof  in  that  year. 

4.  This  plan  provides  for  the  control  and  regula- 
tion in  any  or  all  respects  of  the  producing  and 


762 


FARM  PRODUCTS  MARKETING 


Reg.  382 


marketing  within  Ontario  of  tobacco,  including  the 
prohibition  of  such  producing  and  marketing  in 
whole  or  in  part. 

5.  There  shall  be  a  local  board  to  be  known  as 
"The  Ontario  Flue-Cured  Tobacco  Growers'  Market- 
ing Board". 

6.  The  local  board  shall  be  composed  of  fifteen 
members  elected  or  appointed  in  accordance  with 
sections  10  to  14. 

7.  Producers  are  divided  into  fourteen  districts 
as  follows: 

1.  District  1",  comprising  the  County  of 
Essex  and  the  County  of  Elgin  except  the 
townships  of  Bayham  and  Malahide. 

2.  District  2,  comprising  the  counties  of  Kent, 
Lambton  and  Middlesex. 

3.  District  3,  comprising  the  Township  of 
Malahide  and  that  part  of  the  Township 
of  Bayham  not  included  in  District  4  in  the 
County  of  Elgin. 

4.  District  4,  comprising  the  Township  of 
Bayham  in  the  County  of  Elgin,  except  the 
Gore  bounded  by  the  road  known  as  the  Old 
Talbot  Road,  that  part  of  the  King's 
Highway  known  as  No.  19  and  the  boundary 
between  the  Township  of  Bayham  and  The 
Regional  Municipality  of  Haldimand- 
Norfolk,  and  that  part  of  The  Regional 
Municipality  of  Haldimand-Norfolk  com- 
prising that  part  of  the  former  Township 
of  Houghton  in  the  former  County  of 
Norfolk  lying  north  of  the  road  known  as 
County  Road  No.  45. 

5.  District  5,  comprising  the  County  of 
Oxford  except  the  Township  of  Blandford- 
Blenheim. 

6.  District  6,  comprising  those  parts  of  The 
Regional  Municipality  of  Haldimand-Norfolk 
consisting  of  lots  44  to  48,  both  inclusive,  in 
concessions  1  and  2  lying  north  of  Talbot 
Road  east  of  that  part  of  the  King's  Highway 
known  as  No.  59,  lots  4G  to  46,  both  inclusive, 
in  concessions  1 ,  2  and  3  lying  south  of  Talbot 
Road,  formerly  in  the  Township  of  Middle- 
ton,  lots  18  to  24,  both  inclusive,  in  conces- 
sions 11,  12,  13  and  14,  formerly  in  the 
Township  of  North  Walshingham,  lots  1  to  6, 
both  inclusive,  in  concession  9  and  all  of  con- 
cessions 10,  11  and  12,  formerly  in  the 
Township  of  Charlotteville,  lots  1  to  12,  both 
inclusive,  in  concessions  12,  13  and  14  and  lots 
13  to  24,  both  inclusive,  in  concessions  11,  12, 
13  and  14,  formerly  in  the  Township  of  Wind- 
ham. 


7.  District  7,  comprising  that  part  of  The  Reg- 
ional Municipality  of  Haldimand-Norfolk 
consisting  of  the  former  Township  of  Mid- 
dleton  except  those  parts  of  lots  44  to  48,  both 
inclusive,  in  concessions  1  and  2  lying  north  of 
Talbot  Road  east  of  that  part  of  the  King's 
Highway  known  as  No.  59  and  lots  40  to  46, 
both  inclusive,  in  concessions  1,  2  and  3  lying 
south  of  Talbot  Road. 

8.  District  8,  comprising  that  part  of  The 
Regional  Municipality  of  Haldimand- 
Norfolk  consisting  of  the  former  Township 
of  North  Walsingham  in  the  former 
County  of  Norfolk  except  lots  18  to  24, 
both  inclusive,  in  concessions  11,  12,  13 
and  14. 

9.  District  9,  comprising  that  part  of  The 
Regional  Municipality  of  Haldimand- 
Norfolk  consisting  of  the  former  townships 
of  Houghton  and  South  Walsingham  in 
the  former  County  of  Norfolk,  except  that 
part  of  the  former  Township  of  Houghton 
lying  north  of  the  road  known  as  County 
Road  No.  45. 

10.  District  10,  comprising  that  part  of  The 
Regional  Municipality  of  Haldimand- 
Norfolk  consisting,  of  the  former  townships 
of  Charlotteville  and  Woodhouse  in  the 
former  County  of  Norfolk,  except  lots  1  to  6, 
both  inclusive,  in  concession  9  and  con- 
cessions 10,  11  and  12  in  the  former 
Township  of  Charlotteville. 

11.  District  11,  comprising  that  part  of  The 
Regional  Municipality  of  Haldimand- 
Norfolk  consisting  of  the  former  Township 
of  Windham  in  the  former  County  of 
Norfolk,  except  lots  1  to  12,  both  inclusive, 
in  concessions  6  to  14,  both  inclusive,  and 
lots  13  to  24,  both  inclusive,  in  con- 
cessions 11,  12,  13  and  14. 

12.  District  12,  comprising  the  Township  of 
Oakland  in  the.  County  of  Brant  and  those 
parts  of  The  Regional  Municipality  of  Hal- 
dimand-Norfolk consisting  of  the  former 
Township  of  Townsend  and  all  that  part  of 
the  former  Township  of  Windham  not 
included  in  District  1 1  except  lots  1  to  12,  both 
inclusive,  in  concessions  12,  13  and  14  and  lots 
13  to  24,  both  inclusive,  in  concessions  11,  12, 
13  and  14,  all  in  the  former  County  of  Nor- 
folk. 

13.  District  13,  comprising  the  County  of  Brant 
except  the  Township  of  Oakland. 

14.  District  14,  comprising  the  Township  of 
Blandford-Blenheim  in  the  County  of 
Oxford,  the  counties  of  Northumberland 
and  Simcoe  and  those  parts  of  The 
Regional    Municipality    of    Durham    and 


Reg.  382 


FARM  PRODUCTS  MARKETING 


763 


the  counties  of  Peterborough  and  Victoria 
formerly  in  the  County  of  Durham. 

8. — (1)  Producers  in  each  of  the  districts  named 
in  section  7  form  a  district  group. 

(2)  A  producer  in  a  territorial  district  or  in  a 
county  not  included  in  a  district  mentioned  in 
section  7  may  become  a  member  of  the  district  group 
of  producers  nearest  to  hs  place  of  production. 

9.  There  shall  be  a  committee  in  each  district 
to  be  known  as  "The  District  Flue-Cured  Tobacco 
Growers'  Committee"  composed  of  not  more  than 
four  members  elected  or  appointed  in  accordance 
with  sections  10  to  14. 

10. — (1)  On  the  first  Wednesday  in  October  in 
each  year,  the  producers  in  each  district  shall  hold  a 
meeting  to  nominate  producers  in  the  district  for 
election  as  a  member  of  the  local  board  and  as 
members  of  The  District  Flue-Cured  Tobacco 
Growers'  Committee. 

(2)  Any  producer  in  the  district  may  nominate 
one  producer  in  the  district  for  election  as  a 
member  of  the  local  board. 

(3)  Any  producer  in  the  district  may  nominate' 
one  or  more  producers  in  the  district,  other 
than  a  producer  nominated  under  subsection  (2), 
for  election  as  members  of  The  District  Flue-Cured 
Tobacco  Growers'  Committee. 

(4)  When  the  returning  officer  is  satisfied  that 
nominations  under  subsections  (2)  and  (3)  are  com- 
plete, he  shall  so  declare  and,  after  giving  each  of  the 
persons  nominated  an  opportunity  to  decline  his  nomi- 
nation, shall, 

(a)  where  not  more  than  one  person  is  nomi- 
nated for  election  as  a  member  of  the 
local  board,  declare  him  elected;  and 

(b)  where  not  more  than  four  persons  are 
nominated  for  election  as  members  of 
The  District  Flue-Cured  Tobacco  Growers' 
Committee,    declare    them   elected. 

11. — (1)  In  each  district  in  which  the  member  of 
the  local  board  and  the  members  of  The  District 
Flue-Cured  Tobacco  Growers'  Committee  were  not 
elected  by  acclamation  the  local  board  shall  arrange 
for  such  polling  place  or  places  as  the  local  board 
determines. 


(2)  The  third  Tuesday  in  October  in  each  year  is 
fixed  as  the  day  for  the  election  in  each  district  of  the 
member  of  the  local  board  for  the  district  and  of 
The  District  Flue-Cured  Tobacco  Growers'  Com- 
mittee for  the  district. 

(3)  The  time  of  voting  shall  be  from  10  a.m.  to 
8  p.m. 


(4)  At  least  seven  days  before  the  day  for  the 
election,  the  local  board  shall  give  notice  in 
writing  to  the  producers, 

(a)  of   the   persons   nominated   under  section 
10; 

(b)  of  the  day  and  time  of  the  election;  and 

(c)  of   the   polling   place   or   places   at   which 
the  producers  may  vote. 

12. — (1)  The  local  board  shall  appoint  a  return- 
ing officer  and  such  other  persons  as  are  required 
to  assist  him  in  the  nominations  and  voting 
and  shall  furnish  ballots  as  are  required. 

(2)  Voting  shall  be  by  secret  ballot. 

(3)  Where  the  fourth  greatest  number  of  votes 
for  membership  in  The  District  Flue-Cured  Tobacco 
Growers'  Committee  or  the  greatest  number  of 
votes  for  membership  in  the  local  board  are 
received  by  more  than  one  person,  the  local  board 
shall  hold  such  further  elections  as  are  necessary 
to  break  the  tie. 

(4)  The  member  of  the  local  board  in  a  district  is 
ex  officio  a  member  of  The  District  Flue-Cured 
Tobacco  Growers'  Committee  for  the  district. 


13. — (1)  A  producer  is  not  eligible  to  vote  for  or 
hold  office  as  a  member  of  the  local  board  or  of 
The  District  Flue-Cured  Tobacco  Growers'  Com- 
mittee in  more  than  one  district. 

(2)  Where  a  producer  is  nominated  for  election  as 
a  member  of  the  local  board  or  The  District  Flue- 
Cured  Tobacco  Growers'  Committee  in  more  than 
one  district,  he  shall,  at  least  ten  days  before  the 
date  fixed  for  the  election,  notify  the  secretary  of  the 
local  board  in  writing  of  the  district  for  which  he 
will  be  a  candidate  as  a  member  of  the  local  board  or 
The  District  Flue-Cured  Tobacco  Growers'  Com- 
mittee. 

(3)  Where  a  producer  fails  to  notify  the  secretary 
of  the  local  board  under  subsection  (2),  the  producer 
is  not  eligible  for  election  as  a  member  of  the  local 
board  or  The  District  Flue-Cured  Tobacco  Grow- 
ers' Committee  in  any  district  other  than  the 
district  in  which  he  resides. 

14. — (1)  On  the  Thursday  next  following  the 
fourth  Tuesday  in  October  in  each  year,  the  mem- 
bers elected  to  the  local  board  shall  appoint, 

(a)  the  member  not  required  to  be  elected 
under  procedures  in  sections  10,  11  and  12; 
and 

(b)  such  other  members  not  elected  under 
sections  10,  11  and  12  as  are  required 
to   complete   the   local   board. 


764 


FARM  PRODUCTS  MARKETING 


Reg.  382 


(2)  Each  member  appointed  under  clause  (1)  (b) 
shall  be  a  producer  in  the  district  for  which  he  is 
appointed. 

(3)  Where  a  member  of  the  local  board  or  a 
district  committeeman  dies,  resigns  or,  except  in 
the  case  of  the  member  appointed  under  clause  (1)  (a), 
ceases  to  be  a  producer  in  the  district  for  which  he  is 
elected  or  appointed,  before  the  expiration  of  his  term 
of  membership,  the  members  of  the  local  board  may 
appoint  a  person  for  the  unexpired  term  and,  except  in 
the  case  of  a  person  appointed  to  replace  a  member 
appointed  under  clause  (1)  (a),  the  person  shall  be  a 
producer  from  the  same  district. 

(4)  The  term  of  office  of  each  member  of  the 
local   board   shall   commence    with    the    Thursday 


next  following  the  fourth  Tuesday  in  October  of  the 
year  in  which  he  is  elected  or  appointed  and  shall 
expire  with  the  Wednesday  next  following  the 
fourth  Tuesday  in  October  of  the  following  year. 


(5)  The  term  of  office  of  each  member  of  a 
District  Flue-Cured  Tobacco  Growers'  Committee 
shall  commence  with  the  Thursday  next  following 
the  fourth  Tuesday  in  October  of  the  year  in  which 
he  is  elected  or  appointed  and  shall  expire  with  the 
Wednesday  next  following  the  fourth  Tuesday  in 
October  of  the  following  year.  •  R.R.O.  1970,  Reg. 
340,  Sched.:  O.  Reg.  398/74,  s.  1;  O.  Reg.  854/76,  s.  1; 
O.  Reg.  727/77,  ss.  1,  2;  O.  Reg.  709/78,  ss.  1-3; 
O.  Reg.  225/79,  ss.  1,  2. 


Reg.  383 


FARM  PRODUCTS  MARKETING 


765 


REGULATION  383 

under  the  Farm  Products  Marketing  Act 


TOBACCO— MARKETING 

1.  In  this  Regulation, 

(a)  "buyer"  means  a  person  who  buys  tobacco ; 

(b)  "local  board"  means  The  Ontario  Flue- 
Cured  Tobacco  Growers'  Marketing  Board ; 

(c)  "plan"  means  The  Ontario  Flue-Cured 
Tobacco  Growers'  Marketing  Plan ; 

(d)  "producer"  means  a  person  engaged  in  the 
production  of  tobacco  in  Ontario ; 

(e)  "tobacco"  means  unmanufactured  flue- 
cured  tobacco  produced  in  Ontario. 
R.R.O.  1970,  Reg.  341,  s.l. 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  producing 
and  marketing  within  Ontario  of  tobacco,  including 
the  prohibition  of  such  producing  and  marketing 
in  whole  or  in  part.    O.  Reg.  79/72,  s.  1 . 

POWERS   OF   LOCAL   BOARD 

3.  The  Board  delegates  to  the  local  board  the 
power, 

(a)  to  require  persons  engaged  in  producing  or 
marketing  tobacco  to  register  their  names, 
addresses  and  occupations  with  the  local 
board ; 

(b)  to  require  persons  engaged  in  producing  or 
marketing  tobacco  to  furnish  such  informa- 
tion relating  to  the  production  or  marketing 
of  tobacco,  including  the  completing  and 
filing  of  returns,  as  the  local  board  de- 
termines; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises 
and  any  tobacco  of  persons  engaged  in 
the  marketing  of  tobacco ; 

(d)  to  appoint  persons  to  inspect, 

(i)  the  books,  records  and  documents, 

(ii)  the  lands  and  premises, 

(iii)  any  tobacco,  and 

(iv)  any  growing  plants  or  other  develop- 
ment in  the  producing  of  tobacco, 

of  persons  engaged  in  the  producing  of  to- 
bacco ; 


(e)  to  stimulate,  increase  and  improve  the 
marketing  of  tobacco  by  such  means  as 
it  considers  proper ;  and 

(/)  to  co-operate  with  a  marketing  board, 
local  board,  marketing  commission  or 
marketing  agency  of  Canada  or  of  any 
province  in  Canada  for  the  purpose  of 
marketing  tobacco; 

(g)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying  out 
of  the  provisions  of  the  Act,  the  regulations 
and  the  plan.  R.R.O.  1970,  Reg.  341,  s.  3; 
O.  Reg.  79/72,  s.  2. 

4.  The  Board  delegates  to  the  local  board  its 
powers  to  make  regulations  with  respect  to  tobacco, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 
to  engage  in  the  producing  or  marketing  of 
tobacco ; 

(b)  prohibiting  persons  from  engaging  in  the 
producing  or  marketing  of  tobacco  except 
under  the  authority  of  a  licence  issued  by 
the  local  board ; 

(c)  providing  for  the  refusal  to  grant  a  licence 
for  the  producing  of  tobacco  for  any  reason 
that  the  local  board  considers  proper; 

(d)  providing  for  the  refusal  to  grant  a  licence 
for  the  marketing  of  tobacco  where  the 
applicant  is  not  qualified  by  experience, 
financial  responsibility  and  equipment  to 
engage  in  prop»erly  the  business  for  which 
the  application  was  made,  or  for  any  other 
reason  that  the  local  board  considers 
proper ; 

(e)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew,  a  licence  for 
failure  to  observe,  perform  or  carry  out 
the  provisions  of  the  Act,  the  regulations, 
the  plan,  or  any  order  or  direction  of  the 
local  board ; 

(/)  subject  to  section  5,  providing  for  the 
fixing  of  licence  fees  payable  yearly,  half- 
yearly,  quarterly  or  monthly  at  different 
amounts  or  in  instalments  from  any  or  all 
persons  producing  or  marketing  tobacco 
and  the  collecting  of  the  licence  fees  and  the 
recovering  of  such  licence  fees  by  suit  in  a 
court  of  competent  jurisdiction ; 


766 


FARM  PRODUCTS  MARKETING 


Reg.  383 


ig)  prescribing  the  form  of  licences ; 

(h)  providing  for  the  exemption  from  any  or 
all  of  the  regulations,  orders  or  directions 
under  the  plan  of  any  class,  variety  or 
grade  of  tobacco,  or  any  person  or  class  of 
persons  engaged  in  the  producing  or 
marketing  of  tobacco  or  any  class,  variety 
or  grade  of  tobacco ; 


(i)  requiring  the  furnishing  of  security  or  proof 
of  financial  responsibility  by  any  person 
engaged  in  the  marketing  of  tobacco,  and 
providing  for  the  administration  and  dis- 
position of  any  moneys  or  securities  so 
furnished ; 


(j)  requiring  any  person  who  produces  and 
processes  tobacco  to  furnish  to  the  local 
board  statements  of  the  amounts  of  to- 
bacco that  he  produced  in  any  year  and 
used  for  processing ; 

(k)  providing  for  the  control  and  regulation  of 
the  producing  of  tobacco,  including  the 
times  and  places  at  which  tobacco  may  be 
produced ; 

(/)  providing  for  the  seizing,  removing,  de- 
stroying or  otherwise  disposing  of  any 
growing  tobacco  plants  or  tobacco  pro- 
duced or  marketed  in  violation  of  the  Act 
or  the  regulations  and  the  retention  or 
disposition  by  the  local  board  of  any  of  the 
proceeds  of  the  sale  thereof ; 

(m)  providing  for  the  control  and  regulation  of 
the  marketing  of  tobacco,  including  the 
times  and  places  at  which  tobacco  may  be 
marketed ; 

(m)  providing  for  the  control  and  regulation 
of  agreements  entered  into  by  producers 
of  tobacco  with  persons  engaged  in  market- 
ing or  processing  tobacco,  and  the  prohibi- 
tion of  any  provision  or  clause  in  such 
agreements ; 

(o)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  tobacco  that  has 
not  been  sold  by  or  through  the  local  board ; 

(p)  providing  for  the  regulating  and  the  con- 
trolling of  agreements  entered  into  by  pro- 
ducers of  tobacco  with  persons  engaged  in 
marketing  or  processing  tobacco,  and  the 
prohibition  of  any  provision  or  clause  in 
such  agreements ;  and 

(q)  providing  for  the  making  of  agreements 
relating     to     the     marketing     of     tobacco 


through  the  local  board,  and  prescribing 
the  forms  and  the  terms  and  conditions  of 
such  agreements.  R.R.O.  1970,  Reg.  341, 
s.  4;  O.  Reg.  79/72,  s.  3;  O.  Reg.  78/73,  s.  1. 

5.  Where  the  local  board  licenses  persons  before 
commencing  or  continuing  to  engage  in  the  producing 
of  tobacco,  the  licence  fees  shall  not  exceed  amounts 
at  the  rate  of  1  cent  for  each  pound  or  fraction  thereof 
of  tobacco  marketed.     R.R.O.  1970,  Reg.  341,  s.  5. 

6. — (1)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  tobacco  be  marketed  on  a 
quota  basis; 

(b)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
marketing  of  tobacco  or  whose  quota  has 
been  cancelled  from  marketing  any  to- 
bacco ; 

(c)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  market- 
ing of  tobacco  from  marketing  any  to- 
bacco in  excess  of  such  quota;  and 

(d)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  market- 
ing of  tobacco  produced  on  lands  in 
respect  of  which  such  quota  was  fixed  and 
allotted  from  marketing  any  tobacco  other 
than  the  tobacco  produced  on  such  lands. 

(2)  The   Board  authorizes   the   local   board, 

(a)  to  fix  and  allot  to  persons  quotas  for  the 
marketing  of  tobacco  on  such  basis  as 
the  local  board  considers  proper; 

{b)  to  refuse  to  fix  and  allot  to  any  person 
a  quota  for  the  marketing  of  tobacco  for 
any  reason  that  the  local  board  con- 
siders proper;  and 

(c)  to  cancel  or  reduce,  or  refuse  to  increase, 
a  quota  fixed  and  allotted  to  any  person 
for  the  marketing  of  tobacco  for  any 
reason  that  the  local  board  considers 
proper.     O.  Reg.  78/73,  s.  2,  part. 

(3)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  tobacco  be  produced  on  a 
basis  of  tobacco  acreage  or  other  production 
quota ; 

(b)  to  prohibit  any  person  to  whom  a  tobacco 
acreage  or  other  production  quota  has  not 
been  fixed  and  allotted  or  whose  tobacco 
acreage  or  other  production  quota  has  been 
cancelled  from  producing  tobacco; 


Reg.  383 


FARM  PRODUCTS  MARKETING 


767 


(c)  to  prohibit  any  person  to  whom  a  tobacco 
acreage  or  other  production  quota  has  been 
fixed  and  allotted  from  producing  any 
tobacco  on  acreage  in  excess  of  the  tobacco 
acreage,  or  other  production  quota,  fixed 
and  allotted  to  such  person ;  and 

(d)  to  prohibit  any  person  from  producing 
tobacco  on  land  other  than  a  tobacco  farm 
in  respect  of  which  a  tobacco  acreage  or 
other  production  quota  has  been  fixed  and 
allotted  to  such  person. 

(4)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  tobacco  acreages 
or  other  production  quotas  on  such  basis 
as  the  local  board  considers  proper; 

(b)  to  refuse  to  allot  to  any  person  a  tobacco 
acreage  or  other  production  quota  on  such 
basis  as  the  local  board  considers  proper; 
and 

(c)  to  cancel  or  reduce,  or  refuse  to  increase, 
a  tobacco  acreage  or  other  production 
quota  fixed  and  allotted  to  any  person  for 
any  reason  that  the  local  board  considers 
proper.     O.  Reg.  411/76,  s.  1. 

7. — (1)  The  board  authorizes  the  local  board  to 
use  any  class  of  licence  fees  and  other  moneys  pay- 
able to  it,  for  the  purposes  of  paying  the  expenses 
of  the  local  board,  carrying  out  and  enforcing  the 
Act  and  the  regulations  and  carrying  out  the  pur- 
poses of  the  plan. 

(2)  The  Board  authorizes  the  local  board  to  estab- 
lish a  fund  in  connection  with  the  plan  for  the 
payment  of  any  moneys  that  may  be  required  for 
the  purposes  mentioned  in  subsection  (1).  R.R.O. 
1970,  Reg.  341,  s.  6. 

8.  The  Board  authorizes  the  local  board  to 
require  the  price  or  prices  payable  or  owing  to  the 
producers  for  tobacco  to  be  paid  to  or  through  the 
local  board  and  to  recover  such  price  or  prices  by  suit 
in  a  court  of  competent  jurisdiction.  O.  Reg.  79/72, 
s.  4. 

9.  The  Board  authorizes  the  local  board  to 
prohibit  the  marketing  of  any  class,  variety  or  grade 
of  tobacco.    O.  Reg.  79/72,  s.  5. 

POOLING 

10.  The  Board  authorizes  the  local  board  to  conduct 
a  pool  or  p)ools  for  the  distribution  of  all  moneys 
received  from  the  sale  of  tobacco  and  after  deducting 
all  necessary  and  proper  disbursements  and  expenses, 
to  distribute  the  remainder  of  the  moneys  received 
from  the  sale  in  such  manner  that  every  producer 
receives  a  share  of  the  remainder  of  the  moneys 
received  from  the  sale  in  relation  to  the  amount, 
class,  variety  or  grade  of  tobacco  dehvered  by  him, 
and  authorizes  the  local  board  to  make  an  initial 


payment  on  delivery  of  the  tobacco  and  subsequent 
payments  until  all  the  remainder  of  the  moneys 
received  from  the  sale  is  distributed  to  the  producers. 
O.  Reg.  79/72,  s.  6. 


APPOINTMENT  OF   AGENTS 


II.  The  Board  authorizes  the  local  board  to 
appoint  agents,  to  prescribe  their  duties  and  terms 
and  conditions  of  employment  and  to  provide  for 
their  remuneration.    R.R.O.  1970,  Reg.  341 ,  s.  10. 


NEGOTIATING   AGENCY 

12. — (1)  There  shall  be  a  negotiating  agency  to 
be  known  as  the  "Negotiating  Committee  for 
Tobacco"  composed  of  such  persons  who  are 
members  of  the  negotiating  agency  under  sub- 
section (2). 

(2)  The  Negotiating  Committee  for  Tobacco  shall 
be  comprised  as  follows: 

1.  Not  more  than  two  members  appointed  by 
Benson  &  Hedges  (Canada)  Inc. 

2.  Not  more  than  two  members  appointed  by 
Imperial  Tobacco  Limited. 

3.  Not  more  than  two  members  appointed  by 
R.J.R.-Macdonald  Inc. 

4.  Not  more  than  two  members  appointed  by 
Rothmans  of  Pall  Mall  Canada  Ltd. 

5.  The  members  of  the  local  board. 

(3)  The  persons  entitled  to  appoint  members  under 
subsection  (2)  shall  appoint  the  members  and  shall 
notify  the  Board  of  the  members'  names  and  addresses 
prior  to  the  1st  day  of  October  in  each  year. 

(4)  The  persons  who  are  members  of  the  Negoti- 
ating Committee  for  Tobacco  under  subsection  (2) 
remain  members  thereof  until  their  successors 
become  members. 

(5)  Where  a  member  of  the  Negotiating  Commit- 
tee for  Tobacco  appointed  under  paragraphs  1  to  4 
of  subsection  (2),  dies  or  resigns  or  is  unavailable  to 
act  prior  to  the  expiration  of  his  membership  the 
jjerson  who  appointed  him  shall  appoint  a  person 
for  the  unexpired  term  of  such  member.  O.  Reg. 
162/73,  s.  I,  part. 

13.  The  Negotiating  Committee  for  Tobacco  is 
empowered  to  adopt  or  settle  by  agreement, 

(a)  minimum  prices  for  tobacco; 

(b)  terms  and  conditions  relating  to  the  market- 
ing of  tobacco ;  and 


768 


FARM  PRODUCTS  MARKETING 


Reg.  383 


(c)  any    charges    relating    to    the    marketing 
of  tobacco.     O.  Reg.  162/73,  s.  I.  part. 

14.  A  meeting  of  a  negotiating  agency  may  be 
convened  by  a  notice  in  writing  given  by  the  mem- 
bers of  the  negotiating  agency  appointed  by  the 
local  board  or  appointed  by  the  buyers  to  the  other 
members  of  the  negotiating  agency  at  least  seven 
days,  but  not  later  than  ten  days,  before  the  date 
of  the  meeting,  stating  the  time  and  the  place  of  the 
meeting.    R.R.O.  1970,  Reg.  341,  s.  13. 


CONCILIATION   BOARD 

15. — (1)  Where  a  meeting  of  the  negotiating 
agency  is  held  and  the  negotiating  agency  does  not 
arrive  at  an  agreement  respecting  all  matters  that 
it  is  empowered  to  adopt  or  settle  by  agreement,  the 
negotiating  agency  may  refer  the  matters  in  dispute 
to  a  conciliation  board. 

(2)  Where  the  negotiating  agency  refers  the 
matters  in  dispute  to  a  conciHation  board,  it  shall  so 
notify  the  Board.     R.R.O.  1970,  Reg.  341,  s.  14. 

16. — (1)  The  conciliation  board  shall  be  compo.sed 
of  three  members  of  whom, 

(a)  one  shall  be  appointed  by  the  members  of 
the  negotiating  agency  appointed  by  the 
local  board ; 


(b)  one  shall  be  appointed  by  the  members  of 
the  negotiating  agency  appointed  by  the 
buyers;  and 

(c)  one  shaD  be  appointed  by  the  Board. 

(2)  The  members  of  the  conciliation  board  shall 
be  appointed  within  one  week  of  the  time  that  the 
negotiating  agency  notifies  the  Board  under  subsec- 
tion 15  (2). 

(3)  The  conciliation  board  is  empowered, 

(a)  to  endeavour  to  effect  agreement  on  any 
matter  referred  to  in  section  13  that  the 
negotiating  agenc\  has  failed  to  adopt  or 
.settle  by  agreement;  and 

(b)  to  recommend  adoption  of  any  agreement 
effected  under  clause  (a)  to  the  negotiating 
agency. 

(4)  The  recommendation  of  the  conciliation  board 
made  under  clau.se  (,3)  (/))  may  include  a  minority 
report  di.-^agreeing  in  whole  or  in  part  with  the  recom- 
mendation of  the  majority  of  the  conciliation  board. 

(5)  The  conciliation  board  shall  submit  its  recom- 
mendations to  the  negotiatii^  agency  within  two 
weeks  of  the  time  that  the  negotiating  agency  notifies 
the  Board  under  sub.section  LS  (2).  R.R.O.  1970, 
Reg.  341,  s.  15. 


Reg.  384 


FARM  PRODUCTS  MARKETING 


769 


REGULATION  384 

under  the  Farm  Products  Marketing  Act 


TURKEYS— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  turkeys.     O.  Reg.  41/78,  s.  1,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  15. 

3.  The  members  of  the  local  board  named  in  the 
Schedule  shall  be  deemed  to  be  the  shareholders 
and  the  directors  of  the  local  board  in  the  exercise  of 
the  powers  vested  in  the  local  board  under  section  2. 
R.R.O.  1970,  Reg.  342,  s.  3. 


Schedule 

Farm  Products  Marketing  Act 
PLAN 

1 .  This  plan  may  be  cited  as  "The  Ontario  Turkey 
Producers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "dealer"  means  a  person,  other  than  a 
processor,  who  buys  or  receives  turkeys 
from  a  producer ; 

(6)  "processing"  means  the  slaughtering  of 
turkeys ; 

(c)  "processor"  means  a  person  engaged  in  the 
slaughtering  of  turkeys ; 

(d)  "producer"  means  a  person  engaged  in 
the  production  of  turkeys ; 

(e)  "turkey"  means  a  turkey  or  any  class  or 
part  thereof. 

3.  This  plan  provides  for  the  control  and  regula- 
tion in  any  or  all  respects  of  the  producing  and 
marketing  within  Ontario  of  turkeys,  including  the 
prohibition  of  such  producing  and  marketing  in 
whole  or  in  part. 

4.  There  shall  be  a  local  board  to  be  known  as 
"The  Ontario  Turkey  Producers'  Marketing  Board". 

5 .  The  local  board  shall  be  composed  of  eight  pro- 
ducer-members. 


6.  The  members  of  the  local  board  shall  be  elected 
or  appointed  in  accordance  with  the  provisions  of  this 
plan  and  shall  hold  office  until  their  successors  are 
elected  or  appointed. 

7.  Producers  are  divided  into  seven  districts  as 
follows: 

1.  District  1,  comprising  the  counties  of 
Essex,  Kent  and  Lambton. 

2.  District  2,  comprising  the  counties  of 
Huron  and  Middlesex. 

3.  District  3,  comprising  the  counties  of 
Elgin,  Oxford  and  Perth. 

4.  District  4,  comprising  the  County  of  Brant, 
The  Regional  Municipality  of  Hamilton- 
Wentworth  and  that  part  of  The  Regional 
Municipality  of  Haldimand-Norfolk  that,  on 
the  3 1st  day  of  March,  1974,  was  the  County 
of  Norfolk. 

5.  District  5,  comprising  The  Regional  Munici- 
pality of  Niagara  and  that  part  of  The  Reg- 
ional Municipality  of  Haldimand-Norfolk 
that,  on  the  31st  day  of  March,  1974,  was  the 
County  of  Haldimand. 

6.  District  6,  comprising  the  County  of  Wel- 
lington and  The  Regional  Municipality  of 
Waterloo. 

7.  District  7,  comprising  those  parts  of 
Ontario  not  included  in  Districts  1  to  6. 

8.  Producers  in  each  of  the  districts  named  in  sec- 
tion 7  form  a  district  group. 

9.  For  the  purpose  of  elections  in  each  year,  there 
shall  be  a  committee  in  each  district  to  be  known  as  the 
"District  Turkey  Producers'  Committee"  comprised  of 
the  following  numbers  of  producer-members: 

1.  District  1,  six  members. 

2.  District  2,  five  members. 

3.  District  3,  six  members. 

4.  District  4,  five  members. 

5.  District  5,  eleven  members. 

6.  District  6,  six  members. 

7.  District  7,  six  members. 


770 


FARM  PRODUCTS  MARKETING 


Reg.  384 


10. — (1)  On  or  before  the  1st  day  of  May  in  each 
year  the  producers  in  each  district  shall  elect  from 
among  themselves  the  number  of  members  of  the  Dis- 
trict Turkey  Producers'  Committee  established  for  the 
district  under  section  9  and  the  producers  in, 

(a)  District  S  shall  elect  from  among  them- 
selves two  representatives  from  the  district 
to  the  local  board;  and 

ib)  each  district  other  than  District  5  shall 
elect  from  among  themselves  one  represen- 
tative from  the  district  to  the  local  board, 

to  hold  office  for  a  period  of  one  year  from  the  said 
1st  day  of  May. 

(2)  No  person  is  eligible  for  election  to  the  local 
board  who  has  not  been  elected  a  representative  on 
the  District  Turkey  Producers'  Committee  for  the 
same  term  as  that  for  which  he  is  proposed  to  be 
elected  to  the  local  board. 

(3)  No  person  is  eligible  for  election  from  any 
district  to  the  local  board  unless  he  resides  within 
the  district. 


11. — (1)  Where  the  producers  in  any  district  fail 
to  elect  a  representative  to  the  local  board  in  accord- 
ance with  the  provisions  of  section  10,  the  members 
of  the  local  board  shall,  at  its  first  meeting  after 
the  1st  day  of  May,  appoint  such  producer-members 
as  are  necessary  to  complete  the  local  board. 

(2)  When  a  member  elected  or  appointed  to  the 
local  board  dies  or  resigns  before  his  term  has  expired, 
the  members  of  the  local  board  may  appoint  a 
producer-member  for  the  unexpired  term. 

(3)  Each  producer-member  appointed  as  a  member 
to  the  local  board  under  subsection  (1)  or  (2)  shall  be  a 
producer  in  the  district  for  which  he  is  appointed. 

(4)  Where  the  members  of  the  local  board  fail  to 
appoint  a  person  for  the  unexpired  term  of  a  member 
under  subsection  (2)  within  seven  days  from  the  death 
or  resignation  of  the  member,  the  Board  may  appoint  a 
person  for  the  unexpired  term.  R.R.O.  1970,  Reg. 
342,  Sched.;  O.  Reg.  163/73,  ss.  1,  2;  O.  Reg.  180/73, 
s.  1;  O.  Reg.  388/73,  ss.  1-7;  O.  Reg.  41/78,  s.  2, 
revised. 


Reg.  385 


FARM  PRODUCTS  MARKETING 


771 


REGULATION  385 

under  the  Farm  Products  Marketing  Act 


TURKEYS— MARKETING 

1.  In  this  Regulation, 

(a)  "dealer"  means  a  person,  other  than  a  pro- 
cessor, who  buys  or  receives  turkeys  from  a 
producer; 

(6)  "local  board"  means  The  Ontario  Turkey 
Producers'  Marketing  Board ; 

(c)  "plan"  means  The  Ontario  Turkey  Pro- 
ducers' Marketing  Plan ; 

(d)  "processing"  means  the  slaughtering  of  tur- 
keys; 

(e)  "processor"  means  a  person  engaged  in  the 
slaughtering  of  turkeys ; 

(/)  "producer"  means  a  person  engaged  in 
the  production  of  turkeys ; 

{g)  "turkey"  means  a  turkey  or  any  class  or 
part  thereof.  R.R.O.  1970,  Reg.  343, 
s.  1;  O.  Reg.  164/73,  s.  1. 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  producing  and 
marketing  within  Ontario  of  turkeys,  including  the 
prohibition  of  such  producing  and  marketing  in 
whole  or  in  part.     O.  Reg.  42/78,  s.  1. 


3. — (1)  No  person  shall  commence  or  continue  to 
engage  in  the  processing  of  turkeys  except  under  the 
authority  of  a  licence  as  a  processor  of  turkeys  in 
Form  2. 

(2)  No  licence  in  Form  2  shall  be  issued  except  on 
application  therefor  in  Form  1.  R.R.O.  1970,  Reg. 
343,  s.  4. 

4. — (1)  A  licence  in  Form  2  expires  with  the  31st 
day  of  March  next  following  the  date  on  which  the 
licence  is  issued. 

(2)  A  licence  in  Form  2  shall  be  issued  without 
charge.     O.  Reg.  358/79,  s.  2. 

5. — (1)  The  Board  may  refuse  to  grant  a  licence 
where  the  applicant  is  not  qualified  by  experience, 
iinancifd  resjxtnsibihty  and  equipment  to  properly 
engage  in  the  business  for  which  the  application  was 


made,  or  for  any  other  reason  that  the  Board  con- 
siders proper. 

(2)  The  Board  may  suspend  or  revoke  or  refuse  to 
renew  a  licence  for  failure  to  observe,  perform  or  carry 
out  the  provisions  of  the  Act,  the  regulations,  the  plan 
or  any  order  or  direction  of  the  Board  or  the  local 
board.    R.R.O.  1970,  Reg.  343,  s.  6. 

POWERS  OF  LOCAL  BOARD 

6. — (1)  The  Board  authorizes  the  local  board  to 
use  the  licence  fees  and  other  moneys  payable  to  it  for 
the  purpose  of  paying  the  expenses  of  the  local  board, 
carrying  out  and  enforcing  the  Act  and  the  regulations 
and  carrying  out  the  purposes  of  the  plan. 

(2)  The  Board  authorizes  the  local  board  to  estab- 
hsh  a  fund  in  connection  with  the  plan  for  the  payment 
of  any  moneys  that  may  be  reqpired  for  the  pur- 
poses mentioned  in  subsection  (i).  R.R.O.  1970, 
Reg.  343,  s.  7. 

7.  The  Board  delegates  to  the  local  board  the 
power, 

(■a)  to  require  persons  engaged  in  producing 
or  marketing  turkeys  to  register  their 
names,  addresses  and  occupations  with 
the  local  board ; 

{b)  to  require  persons  engaged  in  producing 
or  marketing  turkeys  to  furnish  such 
information  relating  to  the  production  or 
marketing  of  turkeys,  including  the  com- 
pleting and  filing  of  returns,  as  the  local 
board  determines ; 

(c)  to  appoint  persons  to, 

(i)  inspect  the  books,  records,  documents, 
lands  and  premises  and  any  turkeys  of 
persons  engaged  in  producing  or  mar- 
keting turkeys,  and 

(ii)  enter  on  lands  or  premises  used  for  the 
producing  of  turkeys  and  perform  a 
count  of  turkeys; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  turkeys  by  such  means  as  it 
considers  proper ; 

(e)  to  co-operate  with  a  marketing  board, 
local  board,  marketing  commission  or 
marketing  agency  of  Canada  or  of  any 
province  in  Canada  for  the  purpose  of 
marketing  turkeys; 


772 


FARM  PRODUCTS  MARKETING 


Reg.  385 


(/)  to  do  such  acts  and  make  such  orders 
and  issue  such  directions  as  are  necessary 
to  enforce  the  due  observance  and  carrying 
out  of  the  provisions  of  the  Act,  the  regula- 
tions or  the  plan.  O.  Reg.  164/73,  s.  3; 
O.  Reg.  537/79,  s.  1. 

8.  The  Board  delegates  to  the  local  board  its  powers 
to  make  regulations, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 
to  engage  in  the  producing  or  marketing 
of  turkeys ; 

(b)  prohibiting  persons  from  engaging  in  the 
producing  or  marketing  of  turkeys  except 
under  the  authority  of  a  licence ; 

(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by 
experience,  financial  responsibility  and 
equipment  to  engagein  properly  the  business 
for  which  the  appHcation  was  made,  or 
for  any  other  reason  that  the  local  board 
considers  proper ; 

{d)  providing  for  the  suspension  or  revoca- 
tion of,  or  the  refusal  to  renew,  a  licence 
for  failure  to  observe,  perform  or  carry 
out  the  provisions  of  the  Act,  the  regu- 
lations, the  plan  or  any  order  or  direction 
of  the  Board  or  local  board ; 

(e)  subject  to  section  9,  providing  for  the  fixing 
of  licence  fees  payable  yearly,  half-yearly, 
quarterly  or  monthly  at  different  amounts  or 
in  instalments  from  any  or  all  persons  pro- 
ducing or  marketing  turkeys  and  the  collect- 
ing of  the  licence  fees  and  the  recovering  of 
such  licence  fees  by  suit  in  a  court  of  compe- 
tent jurisdiction  provided  that,  in  the  case  of 
turkeys  sold  for  processing,  the  licence  fees 
shall  not  exceed  one-half  of  a  cent  for  each 
pound  live  weight  of  turkeys  produced  and 
used  for  processing; 

(/)  requiring  any  person  who  receives  tur- 
keys to  deduct  from  the  moneys  payable 
for  the  turkeys  any  licence  fees  payable 
to  the  local  board  by  the  person  from  whom 
he  receives  the  turkeys  and  to  forward 
such  licence  fees  to  the  local  board ; 

(g)  requiring  any  person  who  produces  and 
processes  turkeys  to  furnish  to  the  local 
board  statements  of  the  amounts  of  turkeys 
that  he  produced  in  any  year  and  used  for 
processing ; 

(A)  prescribing  the  form  of  licences ; 

(i)  providing  for  the  exemption  from  any 
or  all  of  the  regulations,  orders  or  direc- 
tions under  the  plan  of  any  class,  variety, 
grade  or  size  of  turkeys,  or  any  person  or 


class  of  persons  engaged  in  the  producing 
or  marketing  of  turkeys  or  any  class,  variety, 
grade  or  size  of  turkeys ; 

(j)  providing  for  the  control  and  regulation 
of  agreements  entered  into  by  producers 
of  turkeys  with  persons  engaged  in  market- 
ing or  processing  turkeys,  and  the  prohibi- 
tion of  any  provision  or  clause  in  such 
agreements; 

(k)  requiring  any  person  who  produces  turkeys 
to  offer  to  sell  and  to  sell  turkeys  to  or 
through  the  local  board ; 

(/)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  turkeys  that  have 
not  been  sold  to,  by  or  through  the  local 
board ; 

(m)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  turkeys  by 
or  through  the  local  board,  and  prescribing 
the  forms  and  the  terms  and  conditions 
of  such  agreements.  R.R.O.  1970,  Reg. 
343,  s.  9;  O.  Reg.  434/72,  s.  1 ;  O.  Reg. 
164/73,  s.  4  (1,  2);  O.  Reg.  303/73,  s.  1; 
O.  Reg.  669/73,  s.  1;  O.  Reg.  358/79,  s.  3; 
O.  Reg.  537/79,  s.  2. 

9. — (1)  For  the  purposes  of  clause  8  (e),  "live 
weight"  means  the  weight  of  a  turkey  at  the  time  of 
arrival  thereof  at  the  plant  of  a  processor. 

(2)  Where  turkeys  are  not  weighed  upon  arrival 
at  the  plant  of  a  processor  but  are  weighed  as 
dressed  or  eviscerated  turkeys, 

(a)  each  pound  of  dressed  turkey  shall  be 
deemed  to  be  1-1/10  pounds  hve  weight; 
and 

(b)  each  pound  of  eviscerated  turkey  shall 
be  deemed  to  be  1-1/5  pounds  Hve  weight. 
R.R.O.  1970,  Reg.  343.  s.  10. 

10. — (1)  All  turkeys  shall  be  marketed  through  the 
local  board. 

(2)  No  person  shall  market  turkeys  except  through 
the  local  board.     O.  Reg.  303/73,  s.  2.  part. 

11.  The  Board  vests  in  the  local  board  the  following 
powers: 

1 .  To  direct  and  control,  by  order  or  direction, 
either  as  principal  or  agent,  the  marketing 
of  turkeys,  including  the  times  and  places 
at  which  turkeys  may  be  marketed. 

2.  To  determine  the  quality  of  each  class, 
variety,  grade  or  size  of  turkeys  that  shall 
be  marketed  by  each  producer. 


Reg.  385 


FARM  PRODUCTS  MARKETING 


773 


3.  To  prohibit  the  marketing  of  any  class, 
variety,  grade  or  size  of  turkeys. 

4.  To  determine  from  time  to  time  the  price 
or  prices  that  shall  be  paid  to  producers 
or  to  the  local  board,  as  the  case  may  be, 
for  turkeys  or  any  class,  variety,  grade  or 
size  of  turkeys  and  to  determine  different 
prices  for  different  parts  of  Ontario. 

5.  To  require  the  price  or  prices  payable  or 
owing  to  the  producer  for  turkeys  to  be  paid 
to  or  through  the  local  board. 

6.  To  collect  from  any  person  by  suit  in  a 
court  of  competent  jurisdiction  the  price 
or  prices  or  any  part  thereof  of  turkeys. 

7.  To  purchase  or  otherwise  acquire  such 
quantity  or  quantities  of  turkeys  as  the 
local  board  considers  advisable  and  to  sell 
or  otherwise  dispose  of  any  turkeys  so 
purchased  or  acquired. 

8.  To  pay  to  the  producers  the  price  or  prices 
for  turkeys  and  to  fix  the  times  at  which 
or  within  which  such  payments  shall 
be  made.     O.  Reg.  303/73,  s.  2,  part. 

12. — (1)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  turkeys  be  marketed  on  a 
quota  basis ; 

(b)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
marketing  of  turkeys  or  whose  quota  has 
been  cancelled  from  marketing  any  turkeys ; 

(c)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  marketing 
of  turkeys  from  marketing  any  of  the 
turkeys  in  excess  of  such  quota;  and 

(d)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  marketing 
of  turkeys  produced  on  lands  or  premises 
in  respect  of  which  such  quota  was  fixed 
and  allotted  from,  marketing  any  turkeys 
other  than  turkeys  produced  on  such  lands 
or  premises. 

(2)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for  the 
marketing  of  turkeys  on  such  basis  as  the 
local  board  considers  proper ; 

(b)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  the  marketing  of  turkeys  for 
any  reason  that  the  local  board  con- 
siders proper ; 

(c)  to  cancel  or  reduce,  or  refuse  to  increase, 
a  quota  fixed  and  allotted  to  any  person 


for  the  marketing  of  turkeys  for  any 
reason  that  the  local  board  considers 
proper ;  and 

(d)  to  permit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  marketing 
of  turkeys  in  excess  of  such  quota  on 
such  terms  and  conditions  as  the  local 
board  considers  proper.  O.  Reg.  303/73, 
s.  2,  part. 

13. — (1)  The  Board  authorizes  the  local  board, 

(a)  to  require  that  turkeys  be  produced  on  a 
quota  basis ; 

{b)  to  prohibit  any  person  to  whom  a  quota 
has  not  been  fixed  and  allotted  for  the 
producing  of  turkeys  or  whose  quota  has 
been  cancelled  from  producing  any  tur- 
keys; 

(c)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  pro- 
ducing of  turkeys  from  producing  any 
turkeys  in  excess  of  such  quota ;  and 

{d)  to  prohibit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  pro- 
ducing of  turkeys  on  lands  or  premises  in 
respect  of  which  such  quota  was  fixed  and 
allotted  from  producing  any  turkeys  other 
than  turkeys  produced  on  such  lands  and 
premises. 

(2)  The  Board  authorizes  the  local  board, 

(a)  to  fix  and  allot  to  persons  quotas  for  the 
producing  of  turkeys  on  such  basis  as  the 
local  board  considers  proper ; 

{b)  to  refuse  to  fix  and  allot  to  any  person  a 
quota  for  the  producing  of  turkeys  for  any 
reason  that  the  local  board  considers 
proper ; 

(c)  to  cancel  or  reduce,  or  refuse  to  increase, 
a  quota  fixed  and  allotted  to  any  person 
for  producing  turkeys  for  any  reason 
that  the  local  board  considers  proper, 
and,  without  limiting  the  generahty  of  the 
foregoing,  to  cancel  or  reduce  any  such 
quota  as  a  penalty  where  the  local  board 
believes  on  reasonable  grounds  that  the 
f)erson  to  whom  the  quota  was  fixed  and 
allotted  has  contravened  any  provisions 
of  the  Act  or  the  regulations ;  and 

(d)  to  f)ermit  any  person  to  whom  a  quota 
has  been  fixed  and  allotted  for  the  pro- 
ducing of  turkeys  to  produce  any  turkeys 
in  excess  of  such  quota  on  such  terms  and 


774 


FARM  PRODUCTS  MARKETING 


Reg.  385 


conditions   as    the   local   board   considers 
proper.     0.  Reg.  42/78,  s.  3. 

ADVISORY  COMMITTEE 

14. — (1)  There  shall  be  an  advisory  committee  to  be 
known  as  "The  Turkey  Industry  Advisor\'  Commit- 
tee". 

(2)  The  advisory  committee  shall  be  composed  of 
nine   members,   one  of  whom  shall  be  chairman. 

(3)  After  the  1st  day  of  April  and  before  the 
30th  day  of  April  in  each  year, 

(a)  the  Board  shall  appoint  a  person  to  be 
the  chairman  of  the  advisory  committee; 

(b)  the  local  board  shall  appoint  four  per- 
sons to  be  members  of  the  advisory 
committee; 

(c)  the  Ontario  Poultry  Processors'  Asso- 
ciation shall  appoint  two  persons  to  be 
members  of  the  advisory  committee; 

(d)  the  Ontario  Division  of  the  Canadian 
Feed  Manufacturers'  Association  shall  ap- 
point one  person  to  be  a  member  of  the 
advisory  committee ;  and 

(e)  the  Ontario  Hatcheries  Association  shall 
appoint  one  person  to  be  a  member  of  the 
advisory  committee. 

(4)  The  members  of  the  advisory  committee  ap- 
pointed under  subsection  (3)  shall  hold  office  until 
the  30th  day  of  April  in  the  year  next  following 
the  year  in  which  they  were  appointed. 

(5)  Where  a  member  of  The  Turkey  Industry 
Advisory  Committee  dies  or  resigns  or  is  unavailable 
to  act  before  the  expiration  of  his  term,  the  person 
or  persons  who  appointed  him  shall  appoint  a  person 
for  the  unexpired  term  of  the  member  who  died, 
resigned  or  was  unavailable  to  act. 

(6)  Where  the  local  board,  the  Ontario  Poultry 
Processors'  Association,  the  Ontario  Division  of 
the  Canadian  Feed  Manufacturers'  Association  or 
the  Ontario  Hatcheries  Association,  as  the  case 
may  be,  fail  to  appoint  a  member  or  members  to 
The  Turkey  Industry  Advisory  Committee  in  accord- 
ance with  the  provisions  of  subsection  (3)  or  (5),  the 
Board  may  appoint  such  members  as  are  necessary  to 
complete  the  advisory  committee. 

(7)  No  person  is  excluded  from  being  appointed 
a  member  of  the  advisory  committee  by  reason 
solely  of  being  a  member  of  the  negotiating  agency 
referred  to  in  section  IS,  and  vice  versa. 

(8)  A  meeting  of  The  Turkey  Industry  Advisory 
Committee  may  be  convened  by  the  chairman 
thereof  by  giving  notice  to  the  members  of  the 


time  and  place  and  date  of  the  meeting  not  less 
than  seven  days  and  not  more  than  ten  days  prior 
to  the  date  of  the  meeting. 

(9)  Subject  to  subsection  (10),  The  Turkey  Industry 
Advisory  Committee  may  advise  and  make  re- 
commendations to  the  local  board,  the  Ontario 
Poultry  Processors'  Association,  the  Ontario  Division 
of  the  Canadian  Feed  Manufacturers'  Association 
and  the  Ontario  Hatcheries  Association  in  respect 
of  any  of  the  following  matters : 

1.  The  promotion  of  harmonious  relation- 
ships between  persons  engaged  in  the 
production  and  marketing  of  turkeys. 

2.  The  promotion  of  greater  efficiency  in  the 
production  and  marketing  of  turkeys. 

3.  The  prevention  and  correction  of  irregu- 
larities and  inequities  in  the  marketing  of 
turkeys. 

4.  The  improvement  of  the  quality  and 
variety  of  turkeys. 

5.  The  improvement  of  the  circulation  of 
market  information  respecting  turkeys. 

6.  Without  limiting  the  generality  of  any 
of  the  foregoing,  any  matter  with  respect 
to  which  this  Regulation  is  made. 

(10)  The  Turkey  Industry  Advisory  Committee 
may  recommend  to  the  local  board  in  advance, 
the  total  quotas  for  turkeys  or  any  class,  variety, 
grade  or  size  of  turkeys,  for  any  period  or  periods 
of  time  up  to  but  not  exceeding  one  year. 

(11)  The  local  board  shall  forthwith  provide  the 
Board  with  full  particulars  of  any  recommendations 
made  to  the  local  board  by  The  Turkey  Industry 
Advisory  Committee  respecting  total  quotas. 
R.R.O.  1970,  Reg.  343,  s.  12. 


NEGOTIATING  AGENCY 

15. — (1)  There  shall  be  a  negotiating  agency  to  be 
known  as  "The  Negotiating  Committee  for  Turkeys" 
composed  of  seven  persons  to  be  appointed  on  or  before 
the  1st  day  of  April  in  each  year  of  whom  thrge 
shall  be  appointed  by  the  local  board,  two  shall 
be  appointed  by  the  Ontario  Poultry  Processors'  Asso- 
ciation, one  shall  be  appointed  by  the  Ontario  Division 
of  the  Canadian  Feed  Manufacturers'  Association, 
and  the  chairman  shall  be  appointed  by  the  Board. 

(2)  Each  member  of  the  negotiatii^  agency  shall 
hold  office  until  the  31st  day  of  March  of  the  year  next 
following  his  appointment. 

(3)  Where  a  member  of  The  Negotiating  Committee 
for  Turkeys  dies  or  resigns  or  is  unavailable  to  act 
before  the  expiration  of  his  term,  the  person  or 


Reg.  385 


FARM  PRODUCTS  MARKETING 


775 


persons  who  appointed  him  shall  appoint  a  person 
for  the  unexpired  term  of  the  member  who  died, 
resigned  or  was  unavailable  to  act. 

(4)  Where  the  Ontario  Poultry  Processors'  Asso- 
ciation, the  Ontario  Division  of  the  Canadian  Feed 
Manufacturers'  Association  or  the  local  board,  as  the 
case  may  be,  fail  to  appoint  a  member  or  membeis  to 
The  Negotiating  Committee  for  Turkeys  in  accordance 
with  the  provisions  of  subsection  (1)  or  (2),  the  Board 
may  appoint  such  members  as  are  necessary  to  com- 
plete the  negotiating  agency. 

(5)  A  meeting  of  The  Negotiating  Committee  for 
Turke)^  may  be  convened  by  a  notice  in  writing  given 
by  the  three  members  appointed  by  the  local  board  or 
by  the  three  members  appointed  by  the  Ontario 
Poultry  Processors'  Association  and  the  Ontario 
Division  of  the  Canadian  Feed  Manufacturers'  Asso- 
ciation to  the  other  members  and  the  chairman  at 
least  seven  days  but  not  more  than  ten  days  before  the 
date  of  the  meeting  stating  the  time  and  place  of  the 
meeting.     R.R.Or  1970,  Reg.  343,  s.  13. 

16.  The  Negotiating  Committee  for  Turkeys  may 
settle  by  agreement, 

(a)  terms,  conditions  and  forms  of  agreements 
relating  to  the  production  or  marketing  of 
turkeys;  and 

(b)  any  charges,  costs  or  expenses  relating  to 
the  production  or  marketing  of  turkeys. 
R.R.O.  1970,  Reg.  343,  s.  14. 

17.  The  Board  authorizes  the  local  board  to 
conduct  a  pool  or  pools  for  the  distribution  of  all 
moneys  received  from  the  sale  of  turkeys  and, 
after  deducting  all  necessary  and  proper  disburse- 
ments and  expenses,  to  distribute  the  remainder  of 
the  moneys  received  from  the  sale  in  such  manner 
that  every  producer  receives  a  share  of  the  re- 
mainder of  the  moneys  received  from  the  sale  in 
relation  to  the  amount,  class,  variety,  grade  or  size 
of  turkeys  delivered  by  him,  and  authorizes  the 
local  board  to  make  an  initial  payment  on  delivery 
of  the  turkeys  and  subsequent  payments  until  all 
of  the  remainder  of  the  moneys  received  from  the 
sale  is  distributed  to  the  producers.  O.  Reg.  429/74, 
s.  1. 

18.  The  Board  authorizes  the  local  board  to 
appoint  agents,  to  prescribe  their  duties  and  terms 
and  conditions  of  employment  and  to  provide  for 
their  remuneration.     O.  Reg.  303/73,  s.  3. 

Form  1 

Farm  Products  Marketing  Act 

APPLICATION  FOR  LICENCE  AS  A 
PROCESSOR  OF  TURKEYS 


To:  The  Farm  Products  Marketing  Board: 


(name  of  applicant) 


(address) 

makes  application  for  a  licence  as  a  processor  of  tur- 
keys under  the  Farm  Products  Marketing  Act. 

Dated  at this day  of ,19... 


(signature  of  appUcant) 


(where  applicant  is  a  cor- 
poration or  partnership, 
signature  of  person  au- 
thorized to  sign) 


(office) 
R.R.O.  1970,  Reg.  343.  Form  4. 

Form  2 

Farm  Products  Marketing  Act 

LICENCE  AS  A  PROCESSOR  OF  TURKEYS 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued  to: 


(name) 


of. 


(address) 

to  engage  in  the  processing  of  turkeys. 

This  licence  expires  with  the  31st  day  of  March 
next  following  the  date  of  issue. 

Dated  at  Toronto,  this ....  day  of 19 . . . 

The  Farm  Products  Marketing  Board: 


Chairman 


Secretary 
R.R.O.  1970,  Reg.  343.  Form  5. 


Reg.  386 


FARM  PRODUCTS  MARKETING 


777 


REGULATION  386 


under  the  Farm  Products  Marketing  Act 


TURKEYS— MARKETING  LIMITATIONS 

1.  The  Board  considers  it  necessary  and  advisable 
and  requires  that  the  local  board  carry  out  the 
purposes  of  The  Ontario  Turkey  Producers'  Market- 
ing Plan  established  by  Regulation  384  of  Revised 
Regulations  of  Ontario,  1980  in  accordance  with  the 
Schedule.     O.  Reg.  428/74,  s.  1. 

2.  Sections  1  and  2  of  Regulation  385  of  Revised 
Regulations  of  Ontario,  1980  apply  to  this  Regulation 
with  necessary  modifications.     O.  Reg.  428/74,  s.  2. 

Schedule 

1.  In  this  Schedule, 

(a)  "Agency"  means  the  Canadian  Turkey 
Marketing  Agency  established  by  the  Cana- 
dian Turkey  Marketing  Agency  Proclama- 
tion issued  pursuant  to  the  Farm  Products 
Marketing  Agencies  A  ct  (Canada) ; 

ib)  "quota"  means  a  quota  fixed  and  allotted  to  a 
producer  under  section  13  of  Regulation  385 
of  Revised  Regulations  of  Ontario,  1980; 

(c)  "quota  system"  means  the  method  by 
which  the  quota  fixed  and  allotted  to  a 
producer  is  determined. 

2.  The  local  board  shall  establish  a  quota  system 
in  order  to  fix  and  allot  quotas  to  all  members  of 
classes  of  producers  in  Ontario  in  such  manner  that 
the  number  of  pounds  of  turkey  meat  produced  in 
Ontario  and  authorized  to  be  marketed  in  intra- 
provincial  trade  in  the  year  1973  when  taken 
together  with  the  number  of  pounds  of  turkey  meat 
produced  in  Ontario  and  authorized  to  be  marketed 
in  interprovincial  and  export  trade,  in  the  same 
year  under  quotas  assigned  by  the  Agency  and 
the  number  of  pounds  of  turkey  meat  produced 
in  Ontario  and  anticipated  to  be  marketed  in  the 
same  year,  other  than  as  authorized  by  a  quota 
assigned  by  the  Agency  or  fixed  and  allotted  by 
the  local  board,  will  equal  the  number  of  pounds 
of  turkey  meat  set  out  in  section  3  of  this  Schedule. 

3.  For  the  purposes  of  section  2  of  this  Schedule, 
the  number  of  pounds  of  turkey  meat  set  out  in 
this  section  is  as  set  out  in  the  Table: 

TABLE 

92,000,000  pounds. 

4. — (1)  No  order  or  regulation  shall  be  made 
where  the  effect  thereof  would  be  to  increase  the 
aggregate  of. 


(a)  the  number  of  pounds  of  turkey  meat 
produced  in  Ontario  and  authorized  by 
quotas  fixed  and  allotted  by  the  local  board 
and  assigned  by  the  Agency  to  be  marketed 
in  intraprovincial,  interprovincial  and 
export  trade;  and 

(6)  the  number  of  pounds  of  turkey  meat 
produced  in  Ontario  and  anticipated  to  be 
marketed  in  intraprovincial,  interprovin- 
cial and  export  trade  other  than  as  author- 
ized by  quotas  fixed  and  allotted  by  the 
local  board  and  assigned  by  the  Agency, 

to  a  number  that  exceeds,  on  a  yearly  basis,  the 
number  of  pounds  of  turkey  meat  set  out  in  section 
3  of  this  Schedule  unless  the  local  board  has  taken 
into  account, 

(c)  the  principle  of  comparative  advantage  of 
production  in  respect  of  each  province  in 
Canada ; 

(d)  any  variation  in  the  size  of  the  market 
for  turkeys; 

(e)  any  failures  by  turkey  producers  in  Ontario 
or  in  other  provinces  of  Canada  to  market 
the  number  of  pounds  of  turkey  meat 
authorized  to  be  marketed; 

(/)  the  feasibility  of  increased  production  in 
each  province  of  Canada  available  to  be 
marketed ; 

(g)  existing  production  and  storage  facilities 
in  each  province  of  Canada;  and 

(A)  the  comparative  transportation  costs  to 
market  areas  from  alternative  sources  of 
production, 

and  the  Agency  is  making  a  similar  order  or  regu- 
lation. 

(2)  Where  the  Agency  has  made  an  order  or 
regulation  under  the  provisions  of  a  marketing 
plan  similar  to  the  provisions  of  subsection  (1),  the 
local  board  shall  make  a  similar  order  or  regulation. 

5.  The  local  board  may  require  each  turkey 
producer  to  whom  a  quota  is  fixed  and  allotted  as 
a  condition  of  the  fixing  and  allotting  thereof,  to 
make  available  to  the  local  board  or  its  agent  all 
turkeys  produced  by  him  and  available  to  be 
marketed  in  excess  of  the  quota  fixed  and  allotted 
to  him  at  a  price  not  exceeding  the  difference, 
if  any,    between   the   price   realized   by   the   local 


778 


FARM  PRODUCTS  MARKETING 


Reg.  386 


board  or  its  agent  on  the  marketing  of  such  turkeys 
and  its  expenses  related  to  such  marketing. 

6.  The  local  board  shall  not  market  any  quantity 
of  the  products  made  available  to  it  in  excess  of 
the  number  of  pounds  of  turkey  meat  referred  to 
in  sections  2  and  3  of  this  Schedule,  or  as  modified 
under  section  4  of  this  Schedule,  without  prior  con- 
sultation with  the  Agency. 

7.  The  local  board  shall,  with  the  concurrence 
of  the  Agency,  administer  on  its  behalf  all  orders 
and  regulations  made  by  it  for  the  purpose  of 
establishing  and  implementing  a  quota  system  or 
any  such  orders  or  regulations  necessary  to  implement 
the  provisions  of  the  Canadian  Turkey  Marketing 
Agency  Proclamation  and  similar  provisions  of  this 
Schedule. 

8.  The  local  board  shall  make,  approve  and  im- 
plement any  orders  or  regulations  necessary  to  give 
effect  to  any  provisions  of  this  Schedule. 

9.  The  local  board  shall  make  available  to  the 
Agency  any  document  or  extract  of  documents 
establishing  the  registration  or  licensing  of  pro- 
ducers, when  any  such  system  is  in  force. 

10.  The  local  board  shall,  with  the  concurrence 
of  the  Agency,  collect  on  its  behalf  any  levies 
imposed  by  the  Agency. 

11. — (1)  The  local  board  shall  make  regulations 
and  orders  requiring  of  producers,  processors, 
packers,  dealers  and  wholesalers  all  information 
necessary  to  monitor  sales  of  turkeys. 


(2)  The  local  board  shall  establish  a  system  for 
verification  of  sales. 

(3)  The  local  board  shall  provide  all  information 
obtained  from  the  implementation  of  the  system 
referred  to  in  subsection  (2)  to  the  Agency  when  so 
requested  by  the  Agency. 

12.  The  local  board  shall  take  all  reasonable 
steps  to  promote  a  high  degree  of  co-operation 
between  itself  and  the  Agency  and,  without  limiting 
the  generality  of  the  foregoing,  shall, 

(a)  make  available  to  the  Agency  the  records, 
minutes  and  decisions  of  the  local  board  in 
relation  to  any  matter  that  is  of  concern 
to  the  Agency; 

(b)  allow  any  officer  or  employee  of  the  Agency 
who  is  designated  by  the  Agency  for  such 
purpose  to  attend  meetings  of  the  local 
board  at  which  any  matter  that  is  of  con- 
cern to  the  Agency  is  likely  to  be  discussed 
and  for  such  purpose  shall  give  notice  of 
all  such  meetings  to  the  officer  or  employee 
so  designated;  and 

(c)  give  notice  of  each  order  or  regulation  that 
it  proposes  to  make  to  the  Agency  that  is 
likely  to  affect  the  Agency  in  its  operations. 

13.  The  authority  and  powers  referred  to  in  Regu- 
lation 385  of  Revised  Regulations  of  Ontario,  1980,  are 
limited  by  and  subject  to  the  provisions  of  this 
Schedule.     O.  Reg.  428/74,  Sched. 


Reg.  387 


FARM  PRODUCTS  MARKETING 


779 


REGULATION  387 

under  the  Farm  Products  Marketing  Act 


VEGETABLES  FOR  PROCESSING— PLAN 

L  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  vegetables.     R.R.O.  1970,  Reg.  344,  s.  I,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  16. 

3.  The  members  of  the  local  board  named  in  the 
Schedule  shall  be  deemed  to  be  the  shareholders 
and  the  directors  of  the  local  board  in  the 
exercise  of  the  powers  vested  in  the  local  board 
under  section  2.    R.R.O.  1970,  Reg.  344,  s.  3. 


Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This    plan    may    be    cited    as    "The    Ontario 
Vegetable  Growers'  Marketing-for-Processing  Plan". 

2.  In  this  plan, 

(a)  "processing"  means, 

(i)  canning,  dehydrating,  drying, 
freezing,  pickling  or  processing  with 
sugar  or  sulphur  dioxide  or  any  other 
chemical  or  by  heat,  and  com- 
bining or  mixing  a  vegetable  with 
one  or  more  other  vegetables,  or 

(ii)  entering  into  a  contract  for  the 
purchase  of  vegetables  for  the  pur- 
pose of  performing  on  the  vegetables 
any  of  the  operations  mentioned  in 
subclause  (i); 

(b)  "processor"  means  a  person  engaged  in 
the  business  of  processing  vegetables; 

(c)  "producer"  means  a  person  engaged  in  the 
production  of  vegetables ; 

(d)  "vegetables"  means  green  and  wax  beans, 
lima  beans,  red  beets,  cabbage,  carrots, 
cauliflower,  sweet  corn,  cucumbers,  green 
peas,  peppers,  pumpkin  and  squash  or 
tomatoes  produced  in  Ontario  other  than 
green    and    wax   beans,    lima   beans,    red 


beets,  cabbage,  carrots,  cauliflower,  sweet 
corn,  cucumbers,  green  peas,  peppers, 
pumpkin  and  squash  or  tomatoes  produced 
in  Ontario  that  are  used  for  any  purpose 
other  than  processing. 

3. — (1)  This  plan  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  marketing 
within  Ontario  of  vegetables. 

(2)  For  the  purposes  of  this  plan, 

(a)  those  parts  of  the  counties  of  Northumber- 
land, Peterborough  and  Victoria  and  The 
Regional  Municipality  of  Durham  that,  on 
the  31st  day  of  December,  1973,  comprised 
the  County  of  Durham  are  designated  as 
the  County  of  Durham ; 

(b)  that  part  of  The  Regional  Municipality 
of  Haldimand-Norfolk  that,  on  the  31st 
day  of  March,  1974,  comprised  the  County 
of  Haldimand  is  designated  as  the  County 
of  Haldimand ; 

(c)  that  part  of  The  Regional  Municipality 
of  Haldimand-Norfolk  that,  on  the  31st 
day  of  March,  1974,  comprised  the  County 
of  Norfolk  is  designated  as  the  County  of 
Norfolk ; 

(d)  the  County  of  Northumberland  does  not 
include  the  Town  of  Port  Hope  and  the 
Township  of  Hope  but  includes  the  Town- 
ship of  South  Monaghan ; 

(e)  those  parts  of  the  County  of  Simcoe  and 
The  Regional  Municipality  of  Durham 
that,  on  the  31st  day  of  December,  1973, 
comprised  the  County  of  Ontario  are 
designated  as  the  County  of  Ontario ; 

(/)  the  County  of  Peterborough  does  not 
include  the  Village  of  Millbrook  and  the 
townships  of  Cavan  and  South  Monaghan ; 

(g)  the  County  of  Simcoe  does  not  include 
the  townships  of  Mara  and  Rama ; 

(h)  the  County  of  Victoria  does  not  include 
the  Township  of  Manvers. 

4.  There  shall  be  a  local  board  to  be  known  as 
"The  Ontario  Vegetable  Growers'  Marketing  Board". 

5.  The. local  board  shall  be  composed  of  twelve 
producer-members. 

6.  Members  of  the  local  board  shall  be  elected  or 
appointed  in  accordance  with  the  provisions  of  the 


780 


FARM  PRODUCTS  MARKETING 


Reg.  387 


plan  and  shall  hold  office  until  their  successors  are 
elected  or  appointed. 

7.  Producers  are  divided  into  eight  districts  as 
follows : 

1.  District  1,  comprising  the  County  of 
Essex. 

2.  District  2,  comprising  the  County  of 
Kent. 

3.  District  3,  comprising  the  counties  of 
Huron  and  Lambton. 

4.  District  4,  comprising  the  counties  of 
Elgin,  Middlesex  and  Oxford. 

5.  District  5,  comprising  the  counties  of 
Brant,  Norfolk,  Grey  and  Simcoe. 

6.  District  6,  comprising  the  County  of 
Haldimand,  the  regional  municipalities  of 
Halton,  Hamilton-Wentworth,  Niagara, 
Peel  and  York  and  The  Municipality  of 
Metropolitan  Toronto. 

7.  District  7,  comprising  the  counties  of 
Durham,  Northumberland,  Ontario,  Peter- 
borough and  Victoria. 

8.  District  8,  comprising  the  counties  of 
Hastings,  Lennox  and  Addington  and 
Prince  Edward. 

8. — (1)  Producers  in  each  of  the  areas  named  as  a 
county  or  regional  municipality  in  section  7  form 
a  county  group  of  producers  and,  for  the  purposes 
of  this  subsection.  The  Municipahty  of  Metropolitan 
Toronto  is  included  in  The  Regional  Municipality  of 
York. 

(2)  A  producer  in  a  county  or  a  territorial 
district  not  included  in  a  district  mentioned  in 
section  7  may  become  a  member  of  the  group  of 
producers  nearest  to  his  place  of  production. 

9.  There  shall  be  a  committee  in  each  district 
to  be  known  as  the  "District  Vegetable  Growers' 
Committee". 

10.  On  or  before  the  15th  day  of  November 
in  each  year  the  producers  in  each  county  group 


shall  elect  one  of  its  members  for  each  50  producers 
or  fraction  thereof  to  the  District  Vegetable  Growers' 
Committee  for  the  district  in  which  the  county 
group  of  producers  is  located. 

11. — (1)  On  or  before  the  1st  day  of  December 
in  each  year,  each  District  Vegetable  Growers' 
Committee  may  elect,  from  the  producers  in  the 
district,  members  to  the  local  board  as  follows: 


1.  District  1, 

2.  District  2, 

3.  District  3, 

4.  District  4, 

5.  District  5, 

6.  District  6, 

7.  District  7, 

8.  District  8. 


three  members, 
three  members, 
one  member, 
one  member, 
one  member, 
one  member, 
one  member, 
one  member. 


(2)  No  person  is  eligible  for  election  from  any 
district  to  the  local  board  unless  he  is  a  producer 
in  the  district. 

12. — (1)  Where  in  any  year  a  District  Vegetable 
Growers'  Committee  fails  to  elect  one  or  more 
members  to  the  local  board  in  accordance  with 
subsection  11  (1),  the  members  elected  to  the  local 
board  shall  at  its  first  meeting  after  the  1st  day  of 
December  of  that  year  appoint  such  producer-mem- 
bers as  are  necessary  to  complete  the  local  board. 

(2)  When  a  member  elected  or  appointed  to  the 
local  board  dies  or  resigns  before  the  1st  day  of 
December  of  the  year  next  following  the  date  of 
his  election  or  appointment,  the  members  of  the 
local  board  may  appoint  a  producer- member  for 
the  unexpired  term. 

(3)  Each  producer-member  appointed  a  member 
to  the  local  board  under  subsection  (1)  or  (2)  shall 
be  a  producer  in  the  district  for  which  he  is 
appointed.  R.R.O.  1970,  Reg.  344,  Sched. ;  O. 
Reg.  51/72,  ss.  1,  2;  O.  Reg.  293/73,  s.  1 ;  O.  Reg. 
132/77,  ss.  1-5. 


Reg.  388 


FARM  PRODUCTS  MARKETING 


781 


REGULATION  388 


under  the  Farm  Products  Marketing  Act 


VEGETABLES  FOR  PROCESSING- 
MARKETING 

1.  In  this  Regulation, 

(a)  "local  board"  means  The  Ontario  Vegetable 
Growers'  Marketing  Board ; 

(6)  "plan"     means     The     Ontario     Vegetable 
Growers'  Marketing-for- Processing  Plan  ; 

(c)  "processing.'  means, 

(i)  canning,  dehydrating,  drying, 
freezing,  pickling  or  processing  with 
sugar  or  sulphur  dioxide  or  any  other 
chemical  or  by  heat,  and  com- 
bining or  mixing  a  vegetable  with 
one  or  more  other  vegetables,  or 

(ii)  entering  into  a  contract  for  the 
purchase  of  vegetables  for  the  pur- 
fxjse  of  performing  on  the  vegetables 
any  of  the  op)erations  mentioned  in 
subclause  (i); 

(d)  "processor"  means  a  p)erson  engaged  in  the 
business  of  processing  vegetables; 

{e)  "producer"  means  a  person  engaged  in  the 
production  of  vegetables ; 

(/)  "vegetables"  means  green  and  wax  beans, 
lima  beans,  red  beets,  cabbage,  carrots, 
cauliflower,  sweet  corn,  cucumbers,  green 
peas,  pepp)ers,  pumpkin  and  squash  or 
tomatoes  produced  in  Ontario  other  than 
green  and  wax  beans,  lima  beans,  red 
beets,  cabbage,  carrots,  cauliflower,  sweet 
com,  cucumbers,  green  peas,  peppjers, 
pumpkin  and  squash  or  tomatoes  produced 
in  Ontario  that  are  used  for  any  purpose 
other  than  processing.  R.R.O.  1970, 
Reg.  345.  s.  1 ;  O.  Reg.  141  /77,  s.  1. 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  marketing 
within  Ontario  of  vegetables,  including  the  pro- 
hibition of  such  marketing  in  whole  or  in  part. 
O.  Reg.  24/72,  s.  1. 


LICENCES 

3. — (1)  No  person   shall   commence  or  continue 
to  engage  in   the   processing   of   vegetables   except 


under  the  authority  of  a   licence   as  a   processor 
of  vegetables  in  Form  2. 

(2)  No  licence  in  Form  2  shall  be  issued  except  upon 
application  therefor  in  Form  1. 

(3)  A  licence  in  Form  2  expires  with  the  31st  day  of 
Januar>  next  following  the  date  on  which  the  licence  is 
issued. 

(4)  A  licence  in  Form  2  shall  be  issued  to  a  processor 
without  charge.     R.R.O.  1970,  Reg.  345,  s.  3. 

4. — (1)  The  Board  may  refuse  to  grant  a  licence 
where  the  applicant  is  not  qualified  by  experience, 
financial  responsibility  and  equipment  to  engage  in 
properly  the  business  of  a  processor,  or  for  any 
other    reason    that    the    Board    considers    proper. 

(2)  The  Board  may  suspend  or  revoke  or  refuse 
to  renew  a  licence  as  a  processor  of  vegetables  for 
failure  to  observe,  perform  or  carry  out  the  pro- 
visions of  the  Act,  the  regulations,  the  plan  or 
any  order  or  direction  of  the  Board  or  the  local 
board.     R.R.O.  1970,  Reg.  345,  s.  4. 


POWERS    OF    LOCAL    BOARD 

5.  The   Board  delegates   to   the   local   board   the 
power, 

(a)  to  require  persons  engaged  in  producing  or 
marketing  vegetables  to  register  their 
names,  addresses  and  occupations  with 
the  local  board ; 

(b)  to  require  j)ersons  engaged  in  producing 
or  marketing  vegetables  including  the 
completing  and  filing  of  returns  to  furnish 
such  information  relating  to  the  production 
or  marketing  of  vegetables  as  the  local 
board  determines; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises 
and  any  vegetables  of  persons  engaged  in 
producing  or  marketing  vegetables ; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  vegetables  by  such  means 
as  it  considers  proper ; 

(e)  to  co-operate  with  a  marketing  board, 
local  board,  marketing  commission  or 
marketing  agency  of  Canada  or  of  any 


782 


FARM  PRODUCTS  MARKETING 


Reg.  388 


province   in   Canada   for   the   purpose   of 
marketing  vegetables ;  and 

(/)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying 
out  of  the  provisions  of  the  Act,  the  regula- 
tions and  the  plan.  R.R.O.  1970,  Reg. 
345,  s.  5;  O.Reg.  24/72.  s.  2. 

6.  The   Board   delegates   to   the   local   board   its 
powers  to  make  regulations  with  respect  to  vegetables, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 
to  engage  in  the  producing  of  vegetables; 

(b)  prohibiting  persons  from  engaging  in  the 
producing  of  vegetables  except  under  the 
authority  of  a  licence ; 

(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by 
experience,  financial  responsibihty  and 
equipment  to  engage  in  properly  the  busi- 
ness for  which  the  application  was  made, 
or  for  any  other  reason  that  the  local  board 
considers  proper ; 

{d)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew,  a  licence  for 
failure  to  observe,  perform  or  carry  out  the 
provisions  of  the  Act,  the  regulations, 
the  plan  or  any  order  or  direction  of  the 
local  board ; 

{e)  providing  for  the  fixing  of  licence  fees 
payable  yearly,  half-yearly,  quarterly  or 
monthly  at  different  amounts  or  in  instal- 
ments from  any  or  all  persons  producing 
or  marketing  vegetables  and  the  collecting 
of  the  licence  fees  and  the  recovering  of 
such  licence  fees  by  suit  in  a  court  of 
competent  jurisdiction; 

(/)  prescribing  the  form  of  licences ; 

ig)  providing  for  the  control  and  regulation 
of  the  marketing  of  vegetables,  including 
the  times  and  places  at  which  vegetables 
may  be  marketed ; 

(//)  providing  for  the  control  and  regulation  of 
agreements  entered  into  by  producers  of 
vegetables  with  persons  engaged  in  market- 
ing or  processing  vegetables  and  the  pro- 
hibition of  any  provision  or  clause  in  such 
agreements; 

(i)  requiring  any  person  who  produces  and 
processes  vegetables  to  furnish  to  the  local 
board  statements  of  the  amounts  of  vege- 
tables that  he  produced  in  any  year  and  used 
for  processing; 


( j )  requiring  that  no  charges,  costs  or  ex- 
penses relating  to  the  production  or  market- 
ing of  a  vegetable  shall  be  made  other 
than  such  charges,  costs  or  expenses  as  are 
provided  in  the  agreement  or  award  or 
renegotiated  agreement  or  award  in  force 
for  the  marketing  of  the  vegetable ; 

(k)  requiring  any  person  who  produces  vege- 
tables to  offer  to  sell  and  to  sell  the 
vegetables  through  the  local  board ; 

(/)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  vegetables  that 
have  not  been  sold  by  or  through  the 
local  board ;  and 

( m )  requiring  any  person  who  receives  vege- 
tables to  deduct  from  the  moneys  payable 
for  the  vegetables,  any  licence  fees  payable 
to  the  local  board  by  the  person  from  whom 
he  receives  the  vegetables,  and  to  forward 
such  hcence  fees  to  the  local  board.  R.R.O. 
1970,  Reg.  345,  s.  6;  O.  Reg.  24/72,  s.  3; 
O.  Reg.  23/74,  s.  1;  O.  Reg.  265/77,  s.  1; 
O.  Reg.  518/77,  s.  1. 

7.  The  Board  limits  the  powers  of  the  local  board 
under  clause  6  (/z )  to  matters  that  are  not  inconsistent 
with  terms,  conditions  and  forms  of  agreement  settled 
under  clause  12  (b)  by  a  negotiating  agency  or  awarded 
under  subsection  16  (8)  by  an  arbitration  board. 

O.  Reg.  518/77,  s.  2. 

8.— (1)  The  Board  authorizes  the  local  board  to 
use  any  class  of  licence  fees,  service  charges  and 
other  moneys  payable  to  it,  for  the  purposes  of 
paying  the  expenses  of  the  local  board,  carrying  out 
and  enforcing  the  Act  and  the  regulations  and 
carrying  out  the  purposes  of  the  plan.  O.  Reg. 
24/72,  s.  4. 

(2)  The  Board  authorizes  the  local  board  to 
establish  a  fund  in  connection  with  the  plan  for 
the  payment  of  any  moneys  that  may  be  required 
for  the  purposes  mentioned  in  subsection  (1). 
R.R.O.  1970,  Reg.  345,  s.  7  (2). 

9.  The  Board  authorizes  the  local  board  to 
require  the  price  or  prices  payable  or  owing  to 
the  producers  for  vegetables  to  be  paid  to  or 
through  the  local  board.  R.R.O.  1970,  Reg.  345, 
s.  8. 

10.  The  Board  authorizes  the  local  board  to 
prohibit  the  marketing  locally  within  Ontario  of  any 
class,  variety,  grade  or  size  of  vegetables.  R.R.O. 
1970,  Reg.  345,  s.  9. 


NEGOTIATING    AGENCIES 

11. — (1)  There  shall  be  twelve  negotiating  agencies 
to  be  known  as, 


Reg.  388 


FARM  PRODUCTS  MARKETING 


783 


"The    Negotiating   Committee    for   Green 
and  Wax  Beans"; 

"The    Negotiating    Committee    for    Lima 
Beans"; 

"The    Negotiating    Committee    for    Red 
Beets"; 

"The  Negotiating  Committee  for  Cabbage" ; 

"The  Negotiating  Committee  for  Carrots"; 

"The   Negotiating   Committee   for   CauH- 
flower"; 

"The    Negotiating   Committee    for   Sweet 
Com"; 

"The  Negotiating  Committee  for  Cucum- 
bers"; 

"The    Negotiating   Committee    for   Green 
Peas" ; 

"The  Negotiating  Committee  for  Peppers" ; 

"The  Negotiating  Committee  for  Pumpkin 
and  Squash" ; 


(/)  "The   Negotiating  Committee   for  Toma- 
toes".    O.  Reg.  141  /77,  s.  2  (1). 

(2)  Each  negotiating  agency  named  in  subsection  (1) 
shall  be  composed  of  not  more  than  six  persons  of 
whom  not  more  than  three  shall  be  appointed  annually 
by  processors  of  the  vegetable  mentioned  in  the  clause 
and  an  equal  number  shall  be  appointed  by  the  local 
board.     O.  Reg.  141/77,  s.  2  (2). 

(3)  The  local  board  and  the  processors  shall 
appoint  their  respective  members  to  the  negotiating 
agencies  named  in  subsection  (1)  and  shall  notify 
the  Board  in  writing  of  their  names  and  addresses 
not  later  than  the  18th  day  of  December  in  each 
year.     O.  Reg.  141 /77.s.  2  (4). 

(4)  Subject  to  subsections  (5)  and  (6),  the  members 
of  the  negotiating  agencies  appointed  under  subsection 
(2)  are  and  remain  members  until  the  17th  day  of 
December  of  the  year  next  following  the  year  in  which 
the  members  were  appointed.  O.  Reg.  141/77,  s.  2 
(6). 

(5)  Where  a  member  of  a  negotiating  agency 
appointed  under  subsection  (2)  dies  or  resigns  or  is 
unable  to  act  because  of  injury,  illness  or  cir- 
cumstances beyond  his  control,  before  the  expiration 
of  his  term  of  membership,  the  local  board  or  the 
processors,  as  the  case  may  be,  who  appointed  him 
shall  appoint  a  person  for  the  unexpired  term  of  the 
member  who  died,  resigned  or  was  unable  to  act. 
O.Reg.  141/77,s.2(8). 

(6)  Where  the  local  board  or  the  processors,  as 
the  case   may  be,   fail   to   make   an   appointment 


under  subsection  (5)  within  seven  days  after  a 
vacancy  occurs,  the  Board  shall  appoint  such  persons 
as  are  necessary  to  complete  the  negotiating  agency. 

(7)  Where  the  local  board  or  the  processors,  as 
the  case  may  be,  fail  to  appoint  the  persons  under 
subsection  (2),  the  Board  shall  appoint  such  persons 
as  are  necessary  to  complete  the  negotiating 
agency.    R.R.O.  1970,  Reg.  345,  s.  10  (6,  7). 

12.  Each  negotiating  agency  named  in  clauses  1 1  (1) 
(a)  to  (/)  is  empowered  to  adopt  or  settle  by  agreement 
in  respect  of  the  vegetable  or  vegetables  for  which  it 
was  appointed, 

(a)  minimum  prices  for  the  vegetables  or  for 
any  class,  variety,  grade  or  size  thereof; 

(6)  terms,  conditions  and  forms  of  agreement 
relating  to  the  producing  or  marketing 
of  the  vegetable  or  vegetables;  and 

(c)  any  charges,  costs  or  expenses  relating  to 
the  production  or  marketing  of  the  vege- 
table or  vegetables.     O.  Reg.  48/74,  s.  2. 

13.  A  meeting  of  a  negotiating  agency  may  be 
convened  by  a  notice  in  writing  given  by  the  members 
of  the  negotiating  agency  appointed  by  the  local 
board,  or  by  the  members  of  the  negotiating  agency 
appointed  by  the  processors,  to  the  other  members 
of  the  negotiating  agency  at  least  five  days  but  not 
more  than  seven  days  before  the  date  of  the  meeting, 
stating  the  time  and  place  of  the  meeting.  O.  Reg. 
294/73,5.5. 

14. — (1)  Subject  to  subsection  (7),  where  a  nego- 
tiating agency  has  met  and  does  not  arrive  at  an 
agreement  respecting  all  matters  that  it  is  em- 
powered to  adopt  or  settle  by  agreement,  the 
negotiating  agency  may  refer  the  matters  in 
dispute  to  a  conciliation  board. 

(2)  A  conciliation  board  shall  be  composed  of 
three  members. 

(3)  One  member  shall  be  appointed  by  the 
members  of  the  negotiating  agency  appointed  by 
the  local  board  and  one  other  member  shall  be 
appointed  by  the  members  of  the  negotiating 
agency  appointed  by  the  processors. 

(4)  Where  two  members  are  appointed  to  a 
conciliation  board  in  accordance  with  subsection 
(3),  the  two  members  so  appointed  may  appoint  a 
third  member  to  the  conciliation  board. 

(5)  The  negotiating  agency  shall  submit  to  the 
conciliation  board  a  statement  or  statements  of 
the  matters  in  dispute. 

(6)  The  conciliation  board  shall, 

(a)  endeavour  to  effect  agreement  on  any 
matter  referred  to  it  under  subsection  (5);  and 


784 


FARM  PRODUCTS  MARKETING 


Reg.  388 


(6)  recommend  adoption  of  any  agreement 
effected  under  clause  (a)  to  the  negotiating 
agency. 

(7)  A  conciliation  board  can  not  act  later  than 
seven  days  prior  to  the  date  referred  to  respecting 
the  vegetables  in  question  in  subsection  15  (1).  O. 
Reg.  141/77,  s.  3. 


ARBITRATION 

15. — (1)  Where  a  meeting  of  a  negotiating  agency 
is  not  held  in  accordance  with  the  notice  required 
by  section  13,  or  where  a  meeting  is  held  and 
the  negotiating  agency  does  not  arrive  at  an 
agreement  respecting  aU  matters  that  it  is  empowered 
to  adopt  or  settle  by  agreement,  or  where  the 
negotiating  agency  decides  that  an  agreement  cannot 
be  reached  and  so  notifies  the  Board, 

(a)  in  the  case  of  tomatoes,  green  peas,  sweet 
corn  or  cucumbers,  on  or  before  the  28th 
day  of  February ; 

(b)  in  the  case  of  red  beets,  cabbage,  carrots, 
green  and  wax  beans  and  peppers,  on  or 
before  the  15th  day  of  March ;  or 

(c)  in  the  case  of  lima  beans,  cauliflower  or 
pumpkin  and  squash,  on  or  before  the 
22nd  day  of  March, 

in  any  year,  the  matters  in  dispute  shall  be 
referred  by  the  Board  to  an  Arbitration  Board.  R .  R. O . 
1970,  Reg.  345,  s.  13(1);  O.  Reg.  294/73,  s.  6; 
O.  Reg.  49/.74,  s.  1 ;  O.  Reg.  141/77,  s.  4. 

(2)  Where  a  negotiating  agency  does  not  arrive  at  an 
agreement  on  all  matters  that  it  is  empowered  to  adopt 
or  settle  by  agreement,  it  shall  submit  in  writing  to  the 
Board  a  statement  or  statements  of  the  matters  in  dis- 
pute and  a  statement  of  the  final  position  on  each  such 
matter  of  both, 

(a)  the  members  of  the  negotiating  agency 
appointed  by  the  local  board;  and 

(ft)  the  members  of  the  negotiating  agency 
appointed  by  the  processors.  O.  Reg.  913/ 
80,  s.  1. 

16. — (1)  An  Arbitration  Board  shall  be  com- 
posed of  three  members.     R.R.O.  1970,  Reg.  345, 

s.  14  (1). 

(2)  One  member  shall  be  appointed  by  the 
members  of  the  negotiating  agency  appointed  by 
the  local  board  and  one  other  member  shall  be 
appointed  by  the  members  of  the  negotiating 
agency  appointed  by  the  processors.  O.  Reg. 
141/77,s.  5(1). 


(3)  Where  two  members  are  appointed  to  an  Arbi- 
tration Board  in  accordance  with  subsection  (2),  the 
two  members  so  appointed  may  appoint  a  third 
member  to  the  Arbitration  Board  but,  where  the  two 
members  do  not  appoint  the  third  member  within 
seven  days  after  the  date  mentioned  in  clause  15  (1)  (a), 
(b)  or  (c),  as  the  case  may  be,  in  any  year,  the 
Board  shall  appoint  the  third  member.  O.  Reg.  294/ 
73,  s.  7,  part. 


(4)  Where  a  member  of  a  Board  of  Arbitration 
dies,  resigns  or  is  unable  to  act  because  of  injury, 
illness  or  circumstances  beyond  his  control,  before 
it  has  made  an  award,  the  members  of  the 
negotiating  agency  appointed  by  the  local  board, 
the  members  of  the  negotiating  agency  appointed 
by  the  processors  or  the  Board,  as  the  case  may  be, 
shall  appoint  a  person  in  the  stead  of  the  member 
who  died,  resigned  or  was  unable  to  act. 


(5)  Where  the  members  of  the  negotiating  agency 
appointed  by  the  local  board  or  the  members  of 
the  negotiating  agency  appointed  by  the  processors, 
as  the  case  may  be,  fail  to  make  an  appointment 
under  subsection  (4)  within  seven  days  after  a  vacancy 
occurs,  the  Board  shall  appoint  such  persons  as  are 
necessary  to  complete  the  Arbitration  Board. 
O.  Reg.  141  /77,  s.  5  (2). 


(6)  Where  the  members  of  the  negotiating  agency 
appointed  by  the  local  board  or  the  members  of  the 
negotiating  agency  appointed  by  the  processors 
do  not  appoint  a  member  to  the  Arbitration  Board 
in  accordance  with  subsection  (2)  within  seven  days 
after  the  date  mentioned  in  clause  15  (1)  (a),  (b)  or  (c), 
as  the  case  may  be,  the  Board  shall  appoint  such 
members  as  are  necessary  to  complete  the  Arbitration 
Board.     O.  Reg.  294/73,  s.  7,  part. 


(7)  The  Board  shall  submit  to  the  Arbitration  Board 
any  statement  or  statements  received  from  the 
negotiating  agency  under  subsection  IS  (2). 

(8)  Subject  to  subsection  (9),  the  Arbitration  Board 
shall  meet  forthwith  after  the  appointment  of  the  three 
members  thereof  and  shall  make  an  award  in  respect 
of  the  matters  referred  to  it,  or  all  matters  that  the 
negotiating  agency  for  the  vegetable  or  vegetables  was 
empowered  to  adopt  or  settle  by  agreement,  as  the  case 
may  be. 


(9)  Where  a  negotiating  agency  does  not  arrive  at  an 
agreement  on  all  matters  that  it  is  empowered  to  adopt 
or  settle  by  agreement,  the  Arbitration  Board  shall, 
with  respect  to  each  such  matter,  make  its  award  only 
on  the  basis  of  one  or  the  other  of  the  final  positions 
respecting  such  matter  set  out  in  the  statement  or 
statements  referred  to  in  subsection  15  (2).  O.  Reg. 
913/80,  s.  2. 


Reg.  388 


FARM  PRODUCTS  MARKETING 


785 


F  orm   1 

Farm  Products  Marketing  Act 

APPLICATION  FOR  LICENCE 
AS  A  PROCESSOR  OF  VEGETABLES 

To:  The  Farm  Products  Marketing  Board: 
(name  of  applicant) 

(address) 

makes  application  for  a  licence  as  a  processor  of  vege- 
tables under  the  Farm  Products  Marketing  Act. 

Dated  at this day  of 19 

(signature  of  applicant) 


(where  applicant  is  a  corporation 
or  partnership,  signature  of 
person  authorized  to  sign) 


(office) 
R.R.O.  1970,  Reg.  345,  Form  1. 


Form  2 

Farm  Products  Marketing  Act 

LICENCE  AS  A  PROCESSOR  OF  VEGETABLES 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued 


to. 


(name) 


of. 


(address) 
to  engage  in  the  processing  of  vegetables. 

This  licence  expires  with  the  31st  day  of  January 
next  following  the  date  of  issue. 

Issued  at  Toronto,  this day  of 19. . . 

The  Farm  Products  Marketing  Board: 


Chairman 


Secretary 
R.R.O.  1970,  Reg.  345,  Form  2. 


Reg.  389 


FARM  PRODUCTS  MARKETING 


787 


REGULATION  389 

under  the  Farm  Products  Marketing  Act 


WHEAT— PLAN 

1.  The  plan  in  the  Schedule  is  continued  for  the 
control  and  regulation  of  the  marketing  within  Ontario 
of  wheat.     R.R.O.  1970,  Reg.  346,  s.  1,  revised. 

2.  The  local  board  named  in  the  Schedule  is  given 
the  powers  set  out  in  subsection  15  (1),  in  paragraphs 
1,  2,  3,  4,  5,  6,  7,  8,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19  and  26  of  subsection  15  (2)  and  in  sections  50  and 
110  of  the  Co-operative  Corporations  Act.  O.  Reg. 
66/79,  s.  17. 

3.  The  members  of  the  local  board  named  in  the 
Schedule  shall  be  deemed  to  be  the  shareholders  and 
the  directors  of  the  local  board  in  the  exercise  of  the 
powers  vested  in  the  local  board  under  section  2. 
R.R.O.  1970,  Reg.  346,  s.  3. 

Schedule 

Farm  Products  Marketing  Act 
PLAN 

1.  This  plan  may  be  cited  as  "The  Ontario  Wheat 
Producers'  Marketing  Plan". 

2.  In  this  plan, 

(a)  "producer"  means  a  person  engaged  in  the 
production  of  wheat ; 

{b)  "wheat"    means   wheat   of  every   variety 
produced  in  Ontario. 

3.  This  plan  applies  to  the  control  and  regulation 
in  any  or  all  respects  of  the  marketing  within 
Ontario  of  wheat. 

4.  There  shall  be  a  local  board  to  be  known  as 
"The  Ontario  Wheat  Producers'  Marketing  Board". 

5.  The  local  board  shall  be  composed  of  ten 
producer-members  elected  or  appointed  in  accord- 
ance with  sections  10  and  11. 

6.  Producers  are  divided  into  ten  districts  as 
follows : 

1.  District     1,    comprising    the    County    of 
Essex. 

2.  District    2,    comprising    the    County    of 
Kent. 


District    3, 
Lambton. 


comprising    the    County    of 


4.  District    4,    comprising 
Elgin  and  Middlesex. 


the    counties    of 


5.  District  5,  comprising  the  counties  of 
Brant,  Oxford,  Perth  and  Wellington  and 
The  Regional  Municipality  of  Waterloo. 

6.  District  6,  comprising  the  regional  munici- 
palities of  Haldimand-Norfolk,  Halton, 
Hamilton- Wentworth  and  Niagara. 


7.  District    7,    comprising 
Bruce,  Grey  and  Huron. 


the    counties    of 


8.  District  8,  comprising  the  counties  of 
Dufferin  and  Simcoe  and  the  regional 
municipalities  of  Durham,  Peel  and  York. 

9.  District  9,  comprising  the  counties  of 
Hastings,  Lennox  and  Addington,  North- 
umberland, Peterborough,  Prince  Edward 
and  Victoria. 

10.  District  10,  comprising  those  parts  of 
Ontario  that  are  not  included  in  districts 
lto9. 

7.  Producers  in  each  county,  provisional  county, 
regional  municipality,  district  municipality  or  ter- 
ritorial district  form  a  county  group. 

8.  There  shall  be  a  committee  in  each  district  to 
be  known  as  "The  District  Wheat  Producers'  Com- 
mittee". 

9.  On  or  before  the  first  day  of  March  in  each  year, 
the  producers  in  each  county  group  may  elect, 
from  its  members,  one  representative  to  the  District 
Wheat  Producers'  Committee  for  the  district  in  which 
the  producers  are  located  for  each  250  producers  or 
fraction  thereof  in  the  county  group. 


ELECTION    OF    MEMBERS   TO    LOCAL    BOARDS 

10. — (1)  On  or  before  the  15th  day  of  March  in  each 
year,  each  District  Wheat  Producers'  Committee 
may  elect,  from  the  producers  in  the  district, 
one  member  to  the  local  board. 

(2)  No  person  is  eligible  for  election  from  any 
district  to  the  local  board  unless  he  is  a  producer 
in  the  district  but  in  no  case  shall  he  be  elected  to 
represent  more  than  one  district. 


788 


FARM  PRODUCTS  MARKETING 


Reg.  389 


(3)  On  or  before  the  31st  day  of  March  in  each 
year,  the  members  of  all  District  Wheat  Growers' 
Committees  may  elect  the  member  from  any 
district  to  the  local  board  where  an  election  for 
that  district  has  not  taken  place  under  subsection  (1). 

11. — (1)  At  its  first  meeting  after  the  31st  day  of 
March  the  members  elected  to  the  local  board  shall 
appoint  such  producer- members  as  are  necessary  to 
complete  the  local  board. 

(2)  When  a  member  elected  or  appointed  to  the 
local  board  dies  or  resigns  before  the  31st  day  of 
March  of  the  year  next  following  the  date  of  his 


election  or  appointment,  the  members  of  the  local 
board  may  appoint  a  producer- member  for  the  un- 
expired term. 

(3)  Each  producer-member  appointed  a  member  to 
the  local  board  under  subsection  (1)  or  (2)  shall  be  a 
producer  in  the  district  for  which  he  is  appointed. 

(4)  Each  producer-member  of  the  local  board  shall 
be  elected  or  appointed  to  hold  office  until  the  31st 
day  of  March  of  the  year  next  following  his  election 
or  appointment.  R.R.O.  1970,  Reg.  346,  Sched. ; 
O.  Reg.  132/73,  s.  1 ;  O.  Reg.  605/74,  s.  9;  O.  Reg. 
866/77,ss.  1-3. 


'r/;,C--     «i 


Reg.  390 


FARM  PRODUCTS  MARKETING 


789 


REGULATION  390 

under  the  Farm  Products  Marketing  Act 


WHEAT— MARKETING 

INTERPRETATION 

1.  In  this  Regulation, 

(a)  "agent"  means  a  person  who  receives 
wheat  from  a  producer  as  an  agent  of  the 
local  board ; 

(b)  "local  board"  means  The  Ontario  Wheat 
Producers'  Marketing  Board; 

(c)  "plan"  means  The  Ontario  Wheat  Pro- 
ducers' Marketing  Plan; 

(d)  "processing"  includes  cleaning,  drying, 
treating,  turning,  washing,  grinding,  roll- 
ing, pulverizing,  cracking,  crimping  or 
distilling,  with  or  without  other  ingredients, 
and  processing  or  manufacturing  articles 
of  food  or  drink  in  whole  or  in  part  from 
wheat ; 

(e)  "processor  "  means  a  person  engaged  in 
processing  wheat; 

(/)  "producer"  means  a  person  engaged  in  the 
production  of  wheat; 

(g)  "wheat"  means  wheat  of  every  variety 
produced  in  Ontario.  O.  Reg.  413/73,  s.  1 ; 
O.Reg.  391/77,  s.  1. 

2.  This  Regulation  provides  for  the  control  and 
regulation  in  any  or  all  respects  of  the  marketing 
within  Ontario  of  wheat,  including  the  prohibition 
of  such  marketing  in  whole  or  in  part.  O.  Reg. 
413/73,  s.  2. 

3.  The  Board  exempts  from  this  Regulation, 

(a)  wheat  used  on  the  farm  on  which  it  was 
produced;  and 

(6)  wheat  sold  by  a  producer  directly  to  an- 
other producer  and  used  by  that  other 
producer  on  his  farm.    O.  Reg.  413/73,  s.  3. 

LICENCES 

4. — (1)  No  person  shall  commence  or  continue 
to  engage  in  the  producing  of  wheat  except  under 
the  authority  of  a  hcence  as  a  producer  of  wheat  in 
Form  1. 

(2)  Every  producer  while  not  in  default  of  pay- 
ment of  the  fees  required  to  be  paid  under  section  5 


shall  be  deemed  to  be  the  holder  of  a  licence  in 
Form  1.     O.  Reg.  413/73,  s.  4. 

5. — (1)  Every  producer  shall  pay  to  the  local  board 
licence  fees  at  the  rate  of  $  1  for  each  tonne  of  wheat 
produced  by  him.     O.  Reg.  1044/80,  s.  1. 

(2)  Any  person  who  receives  wheat  from  a  pro- 
ducer shall  deduct  from  the  moneys  payable  for 
the  wheat  any  licence  fees  payable  by  the  producer 
to  the  local  board  when  he  receives  the  wheat  and 
shall  forward  such  licence  fees  to  the  local  board. 

(3)  Everj'  producer  shall  pay  to  the  local  board 
not  later  than  the  15th  day  of  any  month,  all  licence 
fees  payable  by  him  in  respect  of  wheat  sold  by  him 
in  the  preceding  month  that  were  not  deducted  and 
forwarded  to  the  local  board  under  subsection  (2). 

O.  Reg.  413/73,  s.  5  (2,  3). 

6. — (1)  Any  person  who  produces  and  processes 
wheat  shall,  not  later  than  the  15th  day  of  January 
in  each  year,  furnish  to  the  local  board  a  statement 
of  the  amount  of  all  wheat  that  was  produced  by  him 
and  used  for  processing  by  him  in  the  preceding  year 
and  shall  state  when  such  wheat  was  produced. 
O.Reg.  413/73,  s.  6(1). 

(2)  Ever>'  person  who  produces  and  processes  wheat 
shall  pay  to  the  local  board  licence  fees  at  the  rate  of  $  1 
for  each  tonne  of  wheat  produced  by  him.     O.  Reg. 

1044/80,  s.  2. 

(3)  Every  person  who  produces  and  processes 
wheat  shall  forward  to  the  local  board  the  licence 
fees  payable  by  him  under  subsection  (1)  in  any 
month  not  later  than  the  15th  day  of  the  following 
month.     O.  Reg.  413/73,  s.  6  (3). 

7.  The  local  board  may  recover  from  any  person 
by  suit  in  a  court  of  competent  jurisdiction  any 
licence  fees  payable  to  the  local  board.  O.  Reg. 
413/73,  s.  7. 

POWERS  OF  LOCAL   BOARD 

8. — (1)  The  Board  authorizes  the  local  board  to 
use  the  licence  fees  and  other  moneys  payable  to  it 
for  the  purpose  of  paying  the  expenses  of  the  local 
board,  carrying  out  and  enforcing  the  Act  and  the 
regulations  and  carrying  out  the  purposes  of  the 
plan. 

(2)  The  Board  authorizes  the  local  board  to 
establish  a  fund  in  connection  with  the  plan  for  the 
payment  of  any  moneys  that  may  be  required  for  the 
purposes  mentioned  in  subsection  (1). 


790 


FARM  PRODUCTS  MARKETING 


Reg.  390 


(3)  The  Board  delegates  to  the  local  board  its 
power, 

(a)  to  require  persons  engaged  in  producing 
or  marketing  wheat  to  register  their  names, 
addresses  and  occupations  with  the  local 
board ; 

(b)  to  require  persons  engaged  in  producing 
or  marketing  wheat  to  furnish  such  infor- 
mation relating  to  the  production  or  mar- 
keting of  wheat,  including  completing  and 
filing  of  returns,  as  the  local  board  deter- 
mines ; 

(c)  to  appoint  persons  to  inspect  the  books, 
records,  documents,  lands  and  premises 
and  any  wheat  of  persons  engaged  in  the 
marketing  of  wheat ; 

(d)  to  stimulate,  increase  and  improve  the 
marketing  of  wheat  by  such  means  as  it 
considers  proper; 

(e)  to  co-operate  with  a  marketing  board,  local 
board,  marketing  commission  or  marketing 
agency  of  Canada  or  of  any  province  in 
Canada  for  the  purpose  of  marketing 
wheat ;  and 

(/)  to  do  such  acts  and  make  such  orders  and 
issue  such  directions  as  are  necessary  to 
enforce  the  due  observance  and  carrying 
out  of  the  provisions  of  the  Act,  the 
regulations  and  the  plan.  O.  Reg.  413/73, 
s.  8. 

9.  Subject  to  section  4,  the  Board  delegates  to 
the  local  board  its  powers  to  make  regulations  with 
respect  to  wheat, 

(a)  providing  for  the  licensing  of  any  or  all 
persons  before  commencing  or  continuing 
to  engage  in  the  marketing  of  wheat; 

(b)  prohibiting  persons  from  engaging  in  the 
marketing  of  wheat  except  under  the 
authority  of  a  licence; 

(c)  providing  for  the  refusal  to  grant  a  licence 
where  the  applicant  is  not  qualified  by 
experience,  financial  responsibility  and 
equipment  to  engage  properly  in  the 
business  for  which  the  application  was 
made,  or  for  any  other  reason  that  the  local 
board  considers  proper; 

(d)  providing  for  the  suspension  or  revocation 
of,  or  the  refusal  to  renew,  a  licence  for 
failure  to  observe  or  perform,  or  carry  out 
the  provisions  of  the  Act,  the  regulations, 
the  plan  or  any  order  or  direction  of  the 
Board  or  local  board; 

(e)  prescribing  the  form  of  licences; 

(/)  subject  to  section  3,  providing  for  the 
exemption  from  any  or  all  of  the  regula- 


tions, orders  or  directions  under  the  plan 
of  any  class,  variety,  grade  or  size  of  wheat, 
or  any  person  or  class  of  persons  engaged 
in  the  producing  or  marketing  of  wheat 
or  any  class,  variety,  grade  or  size  of 
wheat ; 

(g)  requiring  the  furnishing  of  security  or 
proof  of  financial  responsibility  by  any 
person  engaged  in  the  marketing  of  wheat 
and  providing  for  the  administration  and 
disposition  of  any  moneys  or  securities  so 
furnished ; 

(k)  providing  for  the  control  and  regulation  of 
the  marketing  of  wheat,  including  the 
times  and  places  at  which  wheat  may  be 
marketed ; 

(i)  requiring  any  person  who  produces  wheat 
to  offer  to  sell  and  to  sell  the  wheat  to  or 
through  the  local  board; 

(j)  prohibiting  any  person  from  processing, 
packing  or  packaging  any  wheat  that  has 
not  been  sold  to,  by  or  through  the  local 
board ; 

(k)  providing  for  the  control  and  regulation 
of  agreements  entered  into  by  producers 
of  wheat  with  persons  engaged  in  market- 
ing or  processing  wheat,  and  the  prohibi- 
tion of  any  provision  or  clause  in  such 
agreements;  and 

(/)  providing  for  the  making  of  agreements 
relating  to  the  marketing  of  wheat  by 
or  through  the  local  board  and  prescribing 
the  forms  and  terms  and  conditions  of 
such  agreements.     O.  Reg.  413/73,  s.  9. 

APPOINTMENT  OF  AGENTS 

10.  The  Board  authorizes  the  local  board  to 
appoint  agents,  to  prescribe  their  duties  and  terms 
and  conditions  of  employment  and  to  provide  for 
their  remuneration.     O.  Reg.  413/73,  s.  10. 

MARKETING   OF   WHEAT 

11. — (1)  All  wheat  shall  be  marketed  by  or 
through  the  local  board. 

(2)  No  person  shall  market  wheat  except  by  or 
through  the  local  board.     O.  Reg.  413/73,  s.  11. 

12.  The  Board  vests  in  the  local  board  the 
following  powers: 

1.  To  direct  and  control,  by  order  or  direc- 
tion, either  as  principal  or  agent,  the 
marketing  of  wheat  including  the  times 
and  places  at  which  wheat  may  be  mar- 
keted. 


Reg.  390 


FARM  PRODUCTS  MARKETING 


791 


2.  To  determine  the  quantity  of  each  class, 
variety,  grade  and  size  of  wheat  that  shall 
be  marketed  by  each  producer. 

3.  To  prohibit  the  marketing  of  any  class, 
variety,  grade  or  size  of  wheat. 

4.  To  determine  from  time  to  time  the  price 
or  prices  that  shall  be  paid  to  producers  or 
to  the  local  board,  as  the  case  may  be,  for 
wheat  or  any  class,  variety,  grade  or  size 
of  wheat  and  to  determine  different  prices 
for  different  parts  of  Ontario. 

5.  To  fix  and  impose  service  charges  from 
time  to  time  for  the  marketing  of  wheat. 

6.  To  require  the  price  or  prices  payable  or 
owing  to  the  producer  for  wheat  to  be  paid 
to  or  through  the  local  board. 

7.  To  collect  from  any  person  by  suit  in  a 
court  of  competent  jurisdiction  the  price 
or  prices  or  any  part  thereof  of  wheat. 

8.  To  purchase  or  otherwise  acquire  such 
quantity  or  quantities  of  wheat  as  the 
local  board  considers  advisable  and  to  sell 
or  otherwise  dispose  of  any  wheat  so  pur- 
chased or  acquired. 

9.  To  pay  from  service  charges  imposed  under 
paragraph  5  its  expenses  in  carrying  out  the 
purposes  of  the  plan. 

10.  To  pay  to  the  producers  the  price  or  prices  for 
wheat  less  service  charges  imposed  under 
paragraph  5  and  to  fix  the  times  at  which  or 
within  which  such  payments  shall  be 
made.     O.  Reg.  413/73,  s.  12. 

13.  Each  payment  under  paragraph  10  of  section 
12  shall  be  accompanied  by  a  statement  showing 
the  class,  variety,  grade  or  size  and  the  quantity  of 
wheat  marketed,  the  price  or  prices  paid  and  the 
particulars  of  the  service  charges  imposed.  O.  Reg. 
444/73.  s.  1. 


14.  The  Board  authorizes  the  local  board  to 
conduct  a  pool  or  pools  for  the  distribution  of  all 
moneys  received  from  the  sale  of  wheat,  and  after 
deducting  all  necessary  and  proper  disbursements 
and  expenses,  to  distribute  the  remainder  of  the 
moneys  received  from  the  sale  in  such  manner  that 
every  producer  receives  a  share  of  the  remainder  of 
the  moneys  received  from  the  sale  in  relation  to  the 
amount,  class,  variety,  grade  or  size  of  wheat 
delivered  by  him,  and  authorizes  the  local  board  to 
make  an  initial  payment  on  delivery  of  the  wheat 
and  subsequent  payments  until  all  of  the  remainder 
of  the  moneys  received  from  the  sale  is  distributed 
to  the  producers.     O.  Reg.  413/73,  s.  14. 


Form   1 

Farm  Products  Marketing  Act 

LICENCE  AS  A  PRODUCER  OF  WHEAT 

Under  the  Farm  Products  Marketing  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof,  this 
licence  is  issued 


to. 


(name) 


of. 


(address) 
to  grow  wheat. 

Issued  at  Toronto,  this day  of 19 ... . 

The  Farm  Products  Marketing  Board: 


Chairman 


Secretary 
O.  Reg.  413/73,  Form  1. 


Reg.  391 


FARM  PRODUCTS  PAYMENTS 


793 


REGULATION  391 

under  the  Farm  Products  Payments  Act 


GENERAL 
1.  In  this  Regulation, 

(a)  "cream"  means  cream  separated  from  milk 
on  the  farm  on  which  the  milk  is  pro- 
duced and  supplied  to  a  creamery  in  Ontario 
for  manufacture  into  creamery  butter; 

(b)  "creamery"  means  premises  in  which  cream 
is  manufactured  into  creamery  butter; 

(c)  "dairy"  means  premises  in  which  milk  is 
processed  into  fluid  milk  products; 

(d)  "Director"  means  the  Director  of  the  Farm 
Products  Quality  Branch; 

(e)  "distributor"  means  a  person  engaged  in 
selling  or  distributing  fluid  milk  products 
directly  or  indirectly  to  consumers; 

(/)  "grade  A  milk"  means  milk  designated  as 
grade  A  milk  by  section  1  of  Regulation  622 
of  Revised  Regulations  of  Ontario,  1980 
under  the  Milk  Act  and  supplied  to  a  dis- 
tributor or  dairy  in  Ontario; 

ig)  "industrial  milk"  means  milk  designated  as 
industrial  milk  by  section  1  of  Regulation  622 
of  Revised  Regulations  of  Ontario,  1980 
under  the  Milk  Act  ^nd  supplied  to  an 
industrial  milk  plant  in  Ontario; 

(/i)  "industrial  milk  plant"  means  a  cheese  fac- 
tory, concentrated  milk  plant,  cream  receiv- 
ing station  or  milk  receiving  station  as 
defined  in  the  Milk  Act  and  includes  premises 
in  which  milk  is  manufactured  into  creamery 
butter; 

(i)  "milk"  means  milk  from  cows  or  goats; 

(j)  "producer"  means  a  producer  of  milk  or 
cream.  R.R.O.  1970,  Reg.  348,  s.  1; 
O.  Reg.  899/75,  s.  1;  O.  Reg.  32/79,  s.  1. 


2.  The  fund  for  producers  of  milk  or  cream 
known  as  "The  Fund  for  Milk  and  Cream  Producers", 
hereinafter  referred  to  as  the  "Fund",  is  continued. 
R.R.O.  1970,  Reg.  348.  s.  2. 

3.  The  Milk  Commission  of  Ontario  is  designated 
as  the  Board  to  administer  the  Fund,  and  is 
hereinafter  referred  to  as  the  "Board".  R.R.O. 
1970,  Reg.  348,  s.  3. 


4.  Milk  and  cream  are  designated  as  farm  products. 
R.R.O.  1970,  Reg.  348,  s.  4. 

5.  The  Ontario  Milk  Marketing  Board,  as  consti- 
tuted under  the  Milk  Act,  is  designated  as  a  producer. 
R.R.O.  1970,  Reg.  348,  s.  5. 

6. — (1)  Every  dealer  who  is  a  distributor  or 
operator  of  a  dairy  shall  pay  to  the  Board  a  fee 
of  $4  for  each  $1,000  or  part  thereof  of  the  average 
value  of  grade  A  milk  purchased  from  producers. 

(2)  Every  dealer  who  is  the  of>erator  of  an  industrial 
milk  plant  shall  pay  to  the  Board  a  fee  of  $4 
for  each  $1,000  or  part  thereof  of  the  average  value 
of  industrial  milk  purchased  from  producers. 

(3)  Every  dealer  who  is  the  operates  of  a  creamery 
shall  pay  to  the  Board  a  fee  of  $4  for  each  $1,000 
or  part  thereof  of  the  average  value  of  cream 
purchased  from  producers. 

(4)  Every  dealer  shall  pay  the  fee  or  fees  prescribed 
by  subsections  (1),  (2)  and  (3),  in  each  year,  on  or 
before  the  date  on  which  the  dealer's  licence  as  a  dis- 
tributor or  operator  of  an  industriad  milk  plant  or 
operator  of  a  creamery,  as  the  case  may  be,  becomes 
effective.     R.R.O.  1970,  Reg.  348,  s.  6  (1-4). 

(5)  For  the  purposes  of  subsection  (6),  the  average 
daily  value  of, 

(a)  grade  A  milk ; 

(b)  industrial  milk;  or 

(c)  cream, 

shall  be  the  amount  obtained  by  dividing  the  value 
of  the  grade  A  milk,  the  industrial  milk  or  the 
cream,  as  the  case  may  be,  that  was  delivered  to 
the  dealer  by  producers  during  the  previous  calendar 
year  by  the  number  of  days  in  the  year  or  part 
thereof  on  which  such  milk  or  cream  was  delivered. 

(6)  The  average  value  of  grade  A  milk  for  the  pur- 
poses of  subsection  (1),  of  industrial  milk  for  the  pur- 
poses of  subsection  (2),  or  of  cream  for  the  purposes  of 
subsection  (3),  as  the  case  may  be,  shall  be, 

(a)  where  producers  are  paid  on  a  daily  cash 
basis,  the  amount  obtained  by  multiplying 
the  average  daily  value  by  seven ; 

(b)  where  producers  are  paid  on  a  weekly 
credit  basis,  the  amount  obtained  by 
multiplying  the  average  daily  value  by 
fifteen ; 


794 


FARM  PRODUCTS  PAYMENTS 


Reg.  391 


(c)  where  producers  are  paid  on  a  bi-weekly 
or  twice-a-month  credit  basis,  the  amount 
obtained  by  multiplying  the  average  daily 
value  by  thirty ; 

(d)  where  producers  are  paid  on  a  monthly 
credit  basis,  the  amount  obtained  by 
multiplying  the  average  daily  value  by 
forty- five;  or 

(e)  where  the  dealer  is  commencing  business, 
such  amount  as  the  Board  determines. 

(7)  The  average  value  of, 

(a)  grade  A  milk  for  the  purposes  of  subsection 

(1); 

(b)  industrial  milk  for  the  purposes  of  subsection 
(2);  or 

(c)  cream  for  the  purposes  of  subsection  (3), 

shall  not  exceed  $100,000  in  each  case  in  respect  of 
any  one  dealer.     R.R.O.  1970,  Reg.  248,  s.  6  (5-7). 

7. — (1)  An  application  for  payment  from  the  Fund 
shall  be  made  to  the  Board  in  Form  1. 

(2)  A  separate  application  shall  be  made  to  the 
Board  in  respect  of  each  dealer  against  whom  a 
producer  has  a  claim. 

(3)  An  application  in  Form  1  shall  be  made  not 
later  than  the  30th  day  next  following  the  date  on 
which, 

(a)  the  payment  in  respect  of  which  the 
application  is  made  became  due;  or 

(b)  the  whole  or  any  part  of  the  dealer's  assets 
has  been  placed  in  the  hands  of  a  trustee  for 
distribution  under  the  Bankruptcy  Act 
(Canada)  or  the  Bulk  Sales  Act.  R.R.O. 
1970,  Reg.  348,  s.  7. 

8.  On  receipt  of  an  application  under  section  7, 
the  Board  shall, 

(a)  give  notice  to  the  dealer  by  registered  mail 
of  the  producer's  claim  for  payment;  and 

(6)  notify  the  Director.  R.R.O.  1970, 
Reg.  348,  s.  8;  O.  Reg.  899/75,  s.  2. 

9.  Where  the  Board  determines  that  a  claim  is 
not  valid,  it  shall  refuse  payment  of  the  claim  and 
shall  give  notice  of  the  refusal  by  registered  mail 
to  the  producer  and  to  the  dealer,  and  shall  notify 
the  Director.     O.  Reg.  899/75,  s.  3. 

10.  Where  the  Board  determines  that  a  claim  is 
valid,  it  shall, 

(a)  make  payment  to  the  producer  from  the 
Fund; and 


(6)  notify  the  dealer  and  the  Director.  R.R.O. 
1970,  Reg.  348,  s.  10;  O.  Reg.  899/75,  s.  4. 

11.— (1)  Where  the  Board  makes  a  payment 
from  the  Fund,  the  dealer  in  respect  of  whom  the 
payment  is  made  shall, 

(a)  pay  to  the  Board ;  or 

(b)  commence  to  pay  by  instalments  in  accord- 
ance with  an  undertaking  approved  by  the 
Board, 

the  amount  paid  from  the  Fund  less  the  amount, 
if  any,  paid  to  the  Board  from  the  sale  of  security 
deposited  by  the  dealer  with  the  Director  under 
Regulation  629  of  Revised  Regulations  of  Ontario, 
1980. 

(2)  Where  a  dealer  fails, 

(a)  to  comply  with  the  provisions  of  subsection 
(1);  or 

(b)  to  make  any  instalment  payment  as  if 
becomes  due  under  an  undertaking  referred 
to  in  clause  (1)  (b), 

the  Board  shall  notify  the  Director.     O.  Reg.  899/75, 

s.  5. 

12. — (1)  The  Board  may  refuse  to  make  payment 
in  respect  of  a  claim, 

(a)  subject  to  subsection  (2),  where  a  producer 
claims  payment  in  respect  of  a  dealer  who  is 
not  the  holder  of  a  licence  under  Regulation 
629  of  Revised  Regulations  of  Ontario,  1980; 


(b)  where  any  cheque  received  by  a  productT 
from  a  dealer  is  dishonoured  by  non- 
acceptance  or  non-payment  unless  tlic 
producer  has  presented  the  cheque  for 
payment  within  ten  days  of  the  date  on 
which  he  received  it ; 

(c)  where  a  producer  fails  to  make  his  applica- 
tion in  Form  1  within  the  time  prescribed  b\ 
subsection  7  (3);  or 

(d)  where  a  producer  has  made  an  arrange- 
ment with  the  dealer  whereby  the  time 
on  which  payment  becomes  due  is  extended. 
R.R.O.  1970,  Reg.  348,  s.  12  (1). 

(2)  A  producer  may  be  paid  from  the  Fund  where 
his  claim  is  made  in  respect  of  milk  or  cream 
delivered  to  a  dealer  prior  to  the  date  on  which 
he  received  notice  from  the  Director  that  the 
licence  of  the  dealer  had  been  suspended  or  revoked 
or  had  not  been  renewed.     O.  Reg.  899/75,  s.  6. 

13.  The  Board,  having  regard  to  the  circum- 
stances of  a  case,   may   make   payment   from   the 


Reg.  391 


FARM  PRODUCTS  PAYMENTS 


795 


Fund  where  a  claim  for  payment  is  made  in  sub- 
stantial conformity  with  subsection  7  (3).  R.R.O. 
1970,  Reg.  348,  s.   13. 

14.  The  amount  that  may  be  paid  out  of  the  Fund 
to  a  producer  on  any  application  shall  not  exceed 
the  payment  due  for  milk  or  cream  for  a  period 
of  sixty  days.     R.R.O.  1970,  Reg.  348,  s.  14. 

Form  1 

Farm  Products  Payments  Act 

APPLICATION  FOR  PAYMENT  FROM 

THE  FUND  FOR  MILK  AND  CREAM 

PRODUCERS 

To:  The  Milk  Commission  of  Ontario. 
Legislative  Buildings, 
Toronto,  Ontario. 

(name  of  applicant) 


(address) 

hereby  applies  for  payment  from  the  Fund  under 
the  Farm  Products  Payments  Act  and  the  regu- 
lations, and  in  support  of  this  application  the 
following  facts  are  stated : 

I.   1    am    a    producer    of:     grade    A    milk     (     ); 
industrial  milk  (     ) ;  cream  (     ). 


2.  Namesandaddressof:  dairy  (  );  distributor  (  ); 
industrial  milk  plant  (  ) ;  creamery  (  )  to 
which  delivery  made : 

3.  Period  for  which  non-payment  is  claimed: 
from to 

4.  The  whole  or  part  of  the  dealer's  assets  was  placed 
in  the  hands  of  a  trustee  for  distribution  under  the 
Bankruptcy  Act  (Canada)  or  the  Bulk  Sales  Act 


on  the day  of. 


19. 


5.  Additional  information: 


Dated  at. 
19 


this dav  of. 


(signature  of  applicant) 
R.R.O.  1970,  Reg.  348,  Form  1. 


vii. 


Reg.  392 


FIRE  DEPARTMENTS 


797 


REGULATION  392 

under  the  Fire  Departments  Act 


FILING  IN  SUPREME  COURT  OF 

DECISION  OF  ARBITRATOR  OR 

ARBITRATION  BOARD 

1.  A  copy  of  a  decision  of  an  arbitrator  or  arbitra- 
tion board  for  filing  in  the  office  of  the  Registrar  of  the 
Supreme  Court  under  subsection  7  (8)  of  the  Act  shall 
be  in  Form  1.     R.R.O.  1970,  Reg.  351,  s.  1. 

Form  1 

Fire  Departments  Act 

In  the  matter  of  the  decision  of  an  arbitrator  or  arbit- 
ration board  under  section  7  of  the  Fire  Departments 
Act. 

Between ; 

Complainant, 

—  and  — 

Respondent. 

To :  The  Registrar  of  the  Supreme  Court : 

being  a 

(name) 


(party,  municipahty,  trade  union  or  full-time  fire 
fighter) 

•Strike  out    affected  by  the  decision  of  *an  arbitrator 
if  not  or  -arbitration  board  under  section  7  of 

applicable,  the  Fire  Departments  Act  hereby  files  a 
copy  of  the  decision  under  the  said  sec- 
tion 7. 


The  decision  was  made  under  the  following  circum- 
stances: 

1.  Arbitrator   or   Members   of   Board   of 
Arbitration. 


2.  Appearances  for  Complainant. 

3.  Appearances  for  Respondent. 

4.  Date  and  Place  of  Hearing. 

5.  Date  of  Decision. 

6.  Date  of  Delivery  of  Decision. 


♦Strike 
out 
if  not 
appli- 
cable. 


*7.  Date  provided  in   Decision  for  Com- 
pliance. 


The  decision,  exclusive  of  the  reasons  therefor, 
reads  as  follows : 

The  respondent  has  failed  to  comply  with   the 
decision. 


.day  of. 


Dated  at this. 

19.... 


I  certify  that  the  copy  of  the  decision  is  a  true 
copy  and  the  particulars  set  out  herein  are  within  my 
knowledge  and  are  accurate. 


(signature  of  person  filing  or, 
where  person  filing  is  a  cor- 
poration or  trade  union,  of 
an  officer  authorized  in  that 
behalf) 

R.R.O.  1970,  Reg.  351,  Form  1. 


Reg.  393 


FIRE  DEPARTMENTS 


799 


REGULATION  393 

under  the  Fire  Departments  Act 


STANDARDS  FOR  PUMPERS 

1.  The  standard  for  a  self-propelled  motorized 
fire  pumper  purchased  by  any  municipality  or  offered 
for  sale  by  any  person  to  a  municipality  shall  be  a 
pumjjer  not  more  than  fifteen  years  old  since  the  time 
of  its  original  manufacture  and  sale.  R.R.O.  1970, 
Reg.  352,  s.  1. 

2.  Where  a  self-propelled  motorized  fire  pumper  is 
purchased  by  a  municipality  or  fire  area  with  a  popula- 
tion of  over  1,000  persons,  and  Ontario  contributes 
towards  the  purchase  price,  the  pumper  shall, 

(a)  have  a  pump, 

(i)  with  a  rated  capacity  of  not  less  than 
420  Imperial  Gallons  per  minute  at  a 
net  pump  pressure  of  1 20  pounds  per 
square  inch  as  evidenced  by  a  test  for 
a   continuous   period  of  two   hours. 


capable  of  delivering  50  per  cent  of 
the  rated  capacity  at  200  pxjunds  net 
pressure  and  33  Vg  per  cent  of  the 
rated  capacity  at  250  pounds  net 
pump  pressure,  as  evidenced  by  a 
test  for  a  continuous  period  of  one- 
half  an  hour  in  each  case,  and 

(ii)  midship-mounted  or  rear-mounted 
on  the  chassis  of  a  self-propelled 
motor  truck  with  an  enclosed  cab 
capable  of  seating  a  crew  of  not  less 
than  five  persons;  and 

(b)  when  loaded,  from  a  standing  start  attain 
a  speed  of  35  miles  per  hour  within  35 
seconds,  and  a  top  speed  of  50  miles  per 
hour,  as  evidenced  by  two  tests  in  opposite 
directions  over  the  same  route  on  a  level 
paved  roadway.  R.R.O.  1970,  Reg.  352, 
S;  2. 


A.IliDHli 


Reg.  394 


FIRE  MARSHALS 


801 


REGULATION  394 


under  the  Fire  Marshals  Act 


GENERAL 


1.  It  is  the  duty  of  the  Fire  Marshal,  with  the 
assistance  of  the  Deputy  Fire  Marshal,  district  dep- 
uty fire  marshals,  inspectors,  officers,  clerks  and 
servants  of  the  Fire  Marshal's  Office,  to  carry  out  the 
provisions  of  the  Act  and  this  Regulation,  and  the 
Deputy  Fire  Marshal,  district  deputy  fire  marshals, 
inspectors,  officers,  clerks  and  servants  shall,  under 
the  direction  of  the  Fire  Marshal,  carry  out  such 
duties  in  the  enforcement  of  the  Act  and  this  Reg- 
ulation as  are  assigned  to  them  from  time  to  time 
by  the  Fire  Marshal.     R.R.O.  1970.  Reg.  353.  s.  L 

2. — (1)  Where  an  officer,  other  than  the  Fire 
Marshal,  making  an  inspection  under  section  18  of  the 
Act,  proposes  to  make  an  order  against  any  property 
owned  or  leased  by  any  municipality  that  has  become 
subject  to  Part  III  of  the  Municipal  Affairs  Act,  he 
shall  notify  the  Fire  Marshal  of  his  intention  so  to  do  at 
least  five  days  before  making  the  order. 

(2)  The  officer  making  an  order  under  section  18 
of  the  Act  shall  file  a  copy  of  the  order  with  the 
Fire  Marshal  within  five  days  of  the  service  of  the 
order  upon  the  person  named  therein.  R.R.O.  1970. 
Reg.  353,  s.  2. 

3.  The  Fire  Marshal,  and  under  his  direction  the 
Deputy  Fire  Marshal,  district  deputy  fire  marshals, 
inspectors  and  assistants  to  the  Fire  Marshal  may, 
under  section  18  of  the  Act,  enforce  the  regulations 
under  the  Gasoline  Handling  Act.  R.R.O.  1970, 
Reg.  353,  s.  3. 

4.  Without  limiting  the  right  to  inspect  and  to  issue 
orders  under  section  18  of  the  Act,  the  Fire  Marshal 
may  advise  and  consult  with  municipal  authorities  in 
the  drafting  and  enforcement  of  by-laws  under  the 
authority  of  the  Municipal  Act  with  regard  to  estab- 
lishments for  dry  cleaning  and  dry  dyeing  purposes  as 
provided  in  section  19  of  the  Act.  R.R.O.  1970,  Reg. 
353,  s.  4. 

ADVISORY  COMMITTEE 

5.  The  Lieutenant  Governor  in  Council  may  from 
time  to  time  appoint  an  advisory  committee  to  con- 
sider any  matter  referred  to  it  by  the  Minister. 
R.R.O.  1970.  Reg.  353,  s.  5. 

RECORDS   AND   RETURNS 

6. — (1)  The  Fire  Marshal  shall  keep  such  registers, 
books  and  records  as  are  required  by  the  Minister. 


(2)  The  Fire  Marshal  shall  submit  an  annual  report 
to  the  Minister  and  shall  furnish  or  make  such  other 
reports  and  findings  as  the  Minister  from  time  to 
time  requires  or  directs. 

(3)  Information  and  returns  required  by  the  Act 
or  this  Regulation  to  be  furnished  or  made  to  the 
Fire  Marshal  shall,  unless  the  Fire  Marshal  otherwise 
directs,  be  on  forms  provided  by  the  Fire  Marshal  and 
shall  contain  such  information  as  is  required  by  the 
Fire  Marshal.     R.R.O.  1970,  Reg.  353.  s.  6. 

7.  Reports  by  assistants  to  the  Fire  Marshal  under 
section  8  of  the  Act  and  reports  by  insurance  com- 
panies and  insurance  adjusters  and  others  under  sec- 
tion 9  of  the  Act  shall  contain  such  statistical  infor- 
mation in  respect  of  fires,  property  destroyed,  dam- 
aged or  endangered  by  fire,  and  fire  insurance,  as  is 
required  from  time  to  time  by  the  Fire  Marshal. 
R.R.O.  1970,  Reg.  353,  s.  7. 

WITNESS   FEES   AND   ALLOWANCES 

8. — (1)  The  fees^or  persons  attending  to  give  evi- 
dence under  section  14  of  the  Act,  are, 

(a)  for  persons  summoned  as  witnesses, 
each  day  in  attendance $  6 

(b)  for  barristers,  solicitors,  physicians 
and  surgeons,  when  called  upon  to 
give  evidence  in  consequence  of  any 
professional  service  rendered  by  them 
or  to  give  professional  opinions,  each 

day  in  attendance 15 

(c)  for  engineers,  accountants,  surveyors, 
architects,  fire  chiefs  and  other  fire 
officers,  when  called  upon  to  give  evi- 
dence in  consequence  of  any  profes- 
sionsil  service  rendered  by  them  or  to 
give  evidence  depending  upon  their 
skill  or  judgment,  each  day  in  attend- 
ance          15 

(2)  A  witness  who  travels  to  the  place  of  hearing 
by  private  automobile  is  entitled  to  expenses  of  10 
cents  a  mile  each  way  for  each  mile  necessarily 
travelled  in  coming  from  and  returning  to  his  place  of 
residence  or  place  of  service,  whichever  is  the  nearer 
to  the  place  of  hearing  but,  where  the  hearing  is 
held  in  the  local  municipality  in  which  the  witness 
resides,  the  total  amount  shall  not  exceed  75  cents. 

(3)  A  witness  who  travels  to  the  place  of  hearing 
by  a  means  other  than  private  automobile  is  en- 
titled to  expenses  of  the  amount  of  the  fare  actually 
paid  for  the  transportation  from  his  place  of  residence 
to  the  place  of  hearing  and  return. 


802 


FIRE  MARSHALS 


Reg.  394 


(4)  A  witness  who  is  required  to  attend  the  hearing 
on  more  than  one  day  and  who  returns  to  his  place 
of  residence  at  night  is  entitled  to  the  travelling  allow- 
ance mentioned  in  subsections  (2)  and  (3),  as  the  case 
may  be,  in  respect  of  each  days  attendance. 

(5)  Where  a  witness  does  not  reside  in  the  local 
municipality  in  which  the  hearing  is  held  and  it  is 
desirable  that  he  remain  overnight  at  the  place  of 
hearing,  he  is  entitled  to  expenses  of  the  amount 
reasonably  and  actually  paid  by  him  for  living 
expenses,  but  not  more  than  $8  for  each  night. 
R.R.O.  1970.  Reg.  353,  s.  8. 

THE   FIRE  SERVICES  LONG   SERVICE   MEDAL 

9, — (1)  In  this  section,  service  as  a  member  of  the 
public  fire  services  shall  include, 

(a)  service  as  a  full-time  fire  fighter  or  a  volun- 
teer fire  fighter  as  defined  in  the  Fire 
Departments  Act; 

{b)  employment  in  the  service  of  the  Crown 
in  right  of  Ontario  or  any  agency  of  the 
Crown  in  right  of  Ontario  as  a  fire  fighter 
or  in  a  capacity  related  to  the  prevention 
or  investigation  of  fire;  and 

(c)  active  service  in  the  Canadian  Forces  in 
World  War  II,  or  the  Korean  War. 

(2)  The  Fire  Marshal  shall  grant  a  medal,  which 
shall  be  known  as  "The  Fire  Services  Long  Service 
Medal",  to  any  person  who  has  served  as  a  member 


of  the  public  fire  services  for  a  total  of  thirty  years 
or  more.     O.  Reg.  931 /74,  s.  1, /)fly/. 

(3)  The  medal  shall  be  worn  on  the  left  breast,  sub- 
ordinate to  all  Canadian  and  British  military  decora- 
tions. 

(4)  When  a  medal  is  awarded  the  name  of  the 
recipient  shall  be  published  in  The  Ontario  Gazette. 
R.R.O.   1970,  Reg.  353,  s.   10  (4,  5). 

10. — (1)  The  Fire  Services  Long  Service  Medal 
shall  be  a  circular  medal  of  rhodium  plated  metal  1  Vh 
inches  in  diameter, 

(a)  bearing  on  the  obverse  the  Maltese  cross  on 
which  is  superimposed  the  coat  of  arms  ol 
Ontario  and  the  inscription  "Fire  Services 
Ontario";  and 

(6)  bearing  on  the  reverse  the  inscription  "For 
long  service  The  Fire  Marshals  Act". 

(2)  The  medal  shall  be  suspended  from  a  metal 
bar  by  means  of  a  ribbon  1  %  inches  in  width 
comprising  a  red  stripe  10/32  of  an  inch  in  width 
in  the  centre  and  on  each  side, 

(a)  a  white  stripe  ij3>2  of  an  inch  in  width 
bordered  by  a  green  stripe  5/32  of  an  inch 
in  width;  and 

{b)  a  red  stripe  7/32  of  an  inch  in  width  at  the 
edge  of  the  ribbon.  R.R.O.  1970,  Reg.  353, 
s.  n. 


Reg.  395 


FISH  INSPECTION 


803 


REGULATION  395 


under  the  Fish  Inspection  Act 


QUALITY  CONTROL 

INTERPRETATION 

1.  In  this  Regulation, 

(a)  "breaded  fish"  means  fish  or  fish  flesh 
that  is  coated  with  batter  and  breading; 

(6)  "can"  means  any  hermetically  sealed  glass 
or  metal  container ; 

(c)  "canned  fish"  means  any  fish  that  is  sealed 
in  a  can  and  is  sterilized ; 

(d)  "cannery"  means  an  establishment  where 
canned  fish  is  produced  for  human  con- 
sumption ; 

(e)  "comminuted  fish  flesh"  means  fish  flesh 
that  has  been  ground  to  a  fine,  uniform 
consistency ; 

(/)  "semi-preserving  establishment"  means  an 
establishment  where  fish  is  prepared  by 
salting  or  pickling  in  brine,  vinegar,  sugar, 
spices  or  any  combination  thereof  and 
packed  so  that  it  may  be  kept  fit  for 
human  consumption  for  a  minimum  of 
six  months  by  means  of  refrigeration 
without  freezing ; 

(g)  "shrimp  cocktail"  means  shrimp  meat 
packed  with  sauce,  spices,  seasonings  or 
flavourings  or  any  combination  thereof; 
and 

(A)  "sterihzed",  in  respect  of  canned  fish, 
means  fish  that  has  been  treated  with 
heat  to  prevent  spoilage  and  to  destroy  all 
pathogenic  organisms.     O.  Reg.  37  /76,  s.  1. 

2.  For  the  purposes  of  section  7  of  the  Act, 

(a)  "decomposed",  with  respect  to  fish,  means 
fish  that  has  an  offensive  or  objectionable 
odour,  flavour,  colour  or  textural  defect 
associated  with  spoilage ; 

(b)  "tainted",  with  respect  to  fish,  means  fish 
that  is  rancid  or  has  an  abnormal  odour  or 
flavour ;  and 

(c)  "unwholesome",  with  respect  to  fish,  means 
fish  that  has  in  or  upon  it  micro-organisms 
of  public  health  significance  or  substances 
toxic  or  aesthetically  offensive  to  man. 
O.  Reg.  37  /76,  s.  2. 


Part  I 

GENERAL 

3.  Fish  shall  be  packed  in  new,  clean  and  sound 
containers.     O.  Reg.  37/76,  s.  3. 

4. — (1)  An  inspector  may  detain  fish  or  any 
container  thereof  for  the  purpose  of  inspection  and 
for  the  purpose  of  identifying  such  fish  he  may 
attach  to  any  of  the  fish  or  any  container  thereof  a 
numbered  tag  furnished  by  the  Ministry. 

(2)  Where  fish  or  any  container  thereof  is  detained 
under  subsection  (1)  the  inspector  shall  deliver  or  mail 
to  the  owner  or  his  agent  a  notice  of  detention. 

(3)  Where  fish  or  any  container  thereof  is  detained 
under  subsection  (1)  on  premises  owned  by  a  person 
who  is  not  the  owner  of  the  fish,  a  copy  of  the 
notice  of  detention  referred  to  in  subsection  (2)  shall  be 
delivered  or  mailed  to  that  person. 

(4)  No  person  shall  move,  sell  or  otherwise  dispose 
of  fish  or  any  container  thereof  detained  under  sub- 
section (1)  unless  he  has  obtained  a  release  therefor 
from  an  inspector. 

(5)  Where  an  inspector  is  satisfied  that, 

(.a)  fish  and  any  container  thereof  detained 
under  subsection  (1)  meet  the  requirements 
of  this  Regulation,  he  shall  prepare  a  release 
authorizing  the  disposition  of  such  fish  for 
human  consumption;  or 

(b)  fish  or  any  container  thereof  detained 
under  subsection  (1)  does  not  meet  the 
requirements  of  this  Regulation,  he  may 
mark  such  fish  or  container  thereof  accord- 
ingly and  shall  prepare  a  release  authorizing 
the  disposition  of  such  fish  for  any  purpose 
other  than  human  consumption, 

and  sh2ill  deliver  or  mail  one  copy  of  the  release 
referred  to  in  clause  {a)  or  (b)  to  the  owner  of  the 
fish  or  his  agent  and  one  copy  to  the  person,  if 
any,  on  whose  premises  the  fish  was  found.     O.  Reg. 

37/76.S.  4. 

5.  Where  an  inspector  is  satisfied  that  fish  and 
any  container  thereof  meet  the  requirements  of  this 
Regulation,  he  shall,  on  request,  issue  an  inspection 
certificate.     O.  Reg.  37  /76,  s.  5. 

6.  An  appeal  made  pursuant  to  section  4  of  the 
Act  shall  be  made  by  notice  in  writing  to  the 
Minister  within  thirty  days  of  the  decision  of  the 
inspector.     O.  Reg.  37  /76,  s.  6. 

7. — (1)  No  reinspection  shall  be  ordered  as  a  result 
of  an  appeal  unless  the  appellant  is  able  to  satisfy 


804 


FISH  INSPECTION 


Reg.  395 


the  Minister  that  the  identity  of  the  fish  or  containers 
to  be  reinspected  has  been  preserved. 

(2)  No  reinspection  shall  be  ordered  as  a  result 
of  an  appeal  where  the  decision  of  the  inspector 
appealed  from  is  in  respect  of  the  presence  of  a 
poisonous  or  harmful  substance  in  or  upon  the  fish 
or  containers.     O.  Reg.  37  /76,  s.  7. 

8.  Where  fish  or  containers  have  been  approved 
under  this  Regulation  and  upon  reinspection  are 
found  not  to  meet  the  requirements  of  this 
Regulation,  any  inspection  marks  and  quality 
designations  on  such  fish  or  containers  shall  be 
removed  or  obliterated  and  any  inspection  certificate 
that  may  have  been  issued  for  such  fish  or  containers 
is  void.     O.  Reg.  37  /76,  s.  8. 

9.  All  receptacles,  including  vehicle  bodies,  boxes, 
tubs  and  barrels  used  to  transport  fish  to  or  from 
any  establishment  shall  be  clean  and  shall  be 
disinfected  when  necessary.     O.  Reg.  37  /76,  s.  9. 

10.  Fish  that  is  intended  for  human  consumption 
shall  be  adequately  iced  or  chilled  while  being 
held  or  transported  and  shall  be  protected  from 
contamination  and  the  weather.  O.  Reg.  37/76, 
s.  10. 

11.  Fish  that  is  intended  for  human  consumption 
shall  be  protected  from  contamination  and  the 
weather  during  loading  and  unloading.  O.  Reg. 
37/76,  s.  11. 

12.  Frozen  fish,  while  under  the  control  of  a 
carrier,  shall  be  kept  refrigerated  in  such  a  manner 
that,  when  it  is  delivered  to  its  destination,  the 
temperature  of  such  fish  will  not  have  increased 
more  than  10°F  from  the  temperature  at  the  time 
it  was  loaded.     O.  Reg.  37  /76,  s.  12. 

13.  No  person  shall  sell  or  offer  for  sale  cans  of 
fish, 

(a)  that  have  not  been  properly  sealed ; 

(6)  the  tops  or  bottoms  of  which  have  been 
distorted  outwards ;  or 

(c)  that  are  otherwise  defective.  O.  Reg. 
37/76,s.  13. 

Part  II 

LABELLING 

14.  No  person  shall  mark  or  label  a  container  of 
fish  with  a  quality  designation  or  sell  a  container 
of  fish  that  is  so  marked  or  labelled  unless, 

(a)  a  standard  for  that  quality  has  been  specified 
in  this  Regulation  or  the  Fish  Inspection 
Regulations  (Canada) ;  and 


(ft)  the    fish    in    that    container    meets    that 
standard.     O.  Reg.  37  /76,  s.  14. 

Part  III 

CODE   MARKINGS 

15. — (1)  Every  carton  and  case  in  which  containers 
of  fish  are  packed  at  an  establishment  shall  be 
legibly  marked  on  one  end  in  such  a  manner  that 
the  name  of  the  establishment  and  the  day,  month 
and  year  of  processing  can  be  determined  by  an 
inspector. 

(2)  Every  container  in  which  pickled,  spiced  or 
marinated  fish  are  packed  shall  be  legibly  marked 
in  such  a  manner  that  the  name  of  the  establishment 
and  the  day,  month  and  year  of  processing  can  be 
determined  by  an  inspector.     O.  Reg.  37/76,  s.  15. 

16. — (1)  Every  can  of  fish  that  is  packed  in  an 
establishment  shall  be  embossed  on  one  end  in  such  a 
manner  that  the  name  of  the  establishment  and 
the  day,  month  and  year  of  processing  can  be 
deterrhined  by  an  inspector. 

(2)  Where  a  can  of  fish  is  embossed  with  a  code 
marking,  a  copy  of  the  key  to  every  such  code 
marking  shall  be  sent  to  the  Minister  each  year 
before  the  commencement  of  processing  operations. 
O.  Reg.  37/76,  s.  16. 

17.  Notwithstanding  subsection  16  (1),  any  her- 
metically sealed  glass  container  containing  fish  is 
exempt  from  the  embossing  requirement  referred  to  in 
that  subsection,  if  such  container  or  the  label  affixed 
thereto  is  otherwise  permanently  marked  in  such  a 
manner  that  the  name  of  the  establishment  and  the 
day,  month  and  year  of  processing  can  be  determined 
by  an  inspector.     O.  Reg.  37/76,  s.  17. 


Part  IV 

CANNED  FISH 

18.  Canned  fish  shall  be  sterilized  so  that  the 
product, 

(a)  is  free  from  micro-organisms  capable  of 
development  under  normal  conditions  of 
storage ;  and 


(b)  does  not  contain  any  substances  originating 
from  micro-organisms  in  amounts  that 
may  represent  a  hazard  to  health.  O.  Reg. 
37/76,  s.  18. 

19.  All  canned  fish,  except  canned  fish  packed 
in  flat  drawn  cans,  shall  have  sufficient  vacuum  to 
ensure  that  can  ends  do  not  bulge  when  the  product  is 
heated  to  a  temperature  of  95°F.  O.  Reg.  37/76, 
s.  19. 


Reg.  395 


FISH  INSPECTION 


805 


Part  V 

FRESH  OR  FROZEN   FISH 
BREADED  FISH 

20. — (1)  Fish  sticks  for  sale  in  Ontario  shall, 

(a)  if  cooked,  contain  a  minimum  of  66% 
per  cent  by  weight  of  fish  flesh ; 

(b)  if  uncooked,  contain  a  minimum  of  75 
per  cent  by  weight  of  fish  flesh ; 

(f )  weigh  not  less  than  one  ounce  each ; 

{d)  be  free  from  defects ;  and 

{e)  not  be  prepared  from  comminuted  fish 
flesh. 

(2)  In  this  section,  "fish  sticks"  means  uniform, 
rectangular  portions  of  breaded  fish  flesh.  O.  Reg. 
37/76,s.  20. 

21.  Breaded  scallops  for  sale  in  Ontario  shall, 

(a)  if  cooked,  contain  a  minimum  of  66% 
per  cent  by  weight  of  scallop  meat ;  and 

(b)  if  uncooked,  contain  a  minimum  of  75 
per  cent  by  weight  of  scallop  meat.  O.  Reg. 
37/76,  s.  21. 

22. — (1)  Shrimp  cocktail  shall  be  prepared  from 
sound,  cooked,  peeled  shrimp  meat. 

(2)  Shrimp  cocktail  shall  contain  not  less  than 
36 Vj  per  cent  by  weight  of  shrimp  meat.  O.  Reg. 
37/76.S.  22. 

Part  VI 

GENERAL  CONSTRUCTION   AND  EQUIPMENT 
REQUIREMENTS   FOR  ESTABLISHMENTS 

23.  The  surface  of  a  floor  in  a  wet  working  area 
of  an  establishment  shall  be  sloped  for  drainage 
purposes  and  shall  be  constructed  of  durable  and 
impervious  material  that  permits  rapid  disposal  of 
waste  and  that  can  be  readily  cleaned.  O.  Reg. 
37/76,5.23. 

24.  A  floor  in  a  dry  working  area  of  an  estab- 
lishment shall  be  constructed  of  material  that  can 
be  readily  cleaned.     O.  Reg.  37  /76,  s.  24. 

25.  Drains  in  an  establishment  shall  be  of  a  type 
and  size  sufficient  to  carry  off  process  effluents  and 
water  from  cleaning  operations  and  shall  be  equipped 
with  traps  or  other  devices  to  prevent  the  entry 
of  gases  or  vermin  into  the  establishment  through 
the  drains.     O.  Reg.  37  /76,  s.  25. 


26.  The  inside  surfaces  of  walls  in  a  wet  working 
area  of  an  establishment  shall  be  constructed  of 
smooth,  durable,  waterproof  and  hght -coloured 
material  that  can  be  thoroughly  cleaned  up  to  a 
height  of  not  less  than  four  feet.  O.  Reg.  37/76, 
s.  26. 


27.  Every  room  in  an  establishment  in  which 
fish  is  processed  shall  have  a  ceiling  that  is  free 
from  cracks,  crevices  and  open  joints  and  is  con- 
structed of  smooth,  light-coloured  material  that  can 
be  readily  cleaned.     O.  Reg.  37  /76,  s.  27. 

28.  Every  establishment  shall  be  equipped  with  a 
natural  or  mechanical  ventilation  system  that  will 
provide  clean  air,  remove  undesirable  odours,  steam 
and  smoke  and  prevent  condensation  in  rooms 
where  work  is  performed.     O.  Reg.  37  /76,  s.  28. 

29.  Every  establishment  shall  contain  toilet 
facilities  that  are  constructed  and  located  in  such  a 
manner  as  to  prevent  the  contamination  of  the 
estabhshment  or  the  water  supply  of  the  estab- 
lishment.    O.  Reg.  37  /76,  s.  29. 

30.  The  room  in  which  a  toilet  facility  in  an 
establishment  is  located  shall, 

(a)  have  self-closing  doors ; 

(b)  be  ventilated  to  the  outside ; 

(c)  have  walls  and  a  ceiling  that  are  smooth, 
light  in  colour  and  that  can  be  readily 
cleaned ;  and 

(d)  have  a  floor  that  is  constructed  of  imper- 
vious material  and  that  can  be  readily 
cleaned.     O.  Reg.  37  /76,  s.  30. 

31.  Every  establishment  shall  be  provided  with 
sanitary  washbasins  in  locations  that  are  visible 
from  the  working  area,  equipped  with  hot  and  cold 
running  water,  liquid  or  powdered  soap  and  air 
dryers  or  single  service  towels.     O.  Reg.  37  /76,  s.  31. 

32. — (1)  Every  establishment  shall  be  provided 
with  a  supply  of  potable  water  that  has  a  coliform 
bacteria  count  of  not  more  than  two  per  hundred 
millilitres  and  is  under  a  minimum  operating 
pressure  of  twenty  pounds  per  square  inch. 

(2)  Notwithstanding  subsection  (1),  an  establish- 
ment may  be  provided  with  water  other  than 
water  referred  to  in  subsection  (1)  for  fire  protection, 
boilers  or  auxiliary  services  provided  that  there  is 
no  connection  between  the  water  system  used  for 
fire  protection,  boilers  or  auxiliary  services  and  the 
system  providing  water  for  other  purposes.  O.  Reg. 
37/76,s.  32. 

33.  The  frames  and  legs  on  all  equipment  on 
which    fish   is    processed   shall    be   constructed   of 


806 


FISH  INSPECTION 


Reg.  395 


metal  or  other  durable  and  impervious  material, 
other  than  wood,  that  can  be  readily  cleaned. 
O.  Reg.  37/76,8.33. 

34.  A  table  in  an  establishment  shall  be  so 
constructed  that  it  and  the  area  beneath  it  can  be 
readily  cleaned.     O.  Reg.  37  /76,  s.  34. 

35. — (1)  A  bin  or  receptacle  in  which  offal  is 
stored  shall  be  watertight,  constructed  of  metal 
or  other  durable  and  impervious  material,  other 
than  wood,  and,  where  necessary  to  prevent  con- 
tamination of  the  establishment  or  any  fish  processed 
therein,  be  equipped  with  a  well-fitted  cover. 

(2)  A  concrete  or  other  impervious  surface,  sloped 
for  drainage  purposes,  shall  be  placed  under  an 
elevated  offal  bin.     O.  Reg.  37  /76,  s.  35. 

36.  No  wood  shall  be  used  in  the  construction  of  a 
conveyor  in  an  establishment  where  such  wood 
will  come  in  contact  with  fish.  O.  Reg.  37/76, 
S.36. 

37.  Flumes  for  conveying  fish  shall  be  constructed 
of  non-corrodible  material,  other  than  wood,  that 
can  be  thoroughly  cleaned.     O.  Reg.  37  /76,  s.  37. 

38.  Every  working  surface  in  a  processing  room 
in  an  establishment  shall  be  provided  with  an 
illumination  having  a  minimum  intensity  of  twenty 
foot-candles.     O.  Reg.  37  /76,  s.  38. 

Part  VII 

ADDITIONAL   CONSTRUCTION    AND   EQUIPMENT 
REQUIREMENTS   FOR   CANNERIES 

and 

FRESH-FISH,    FREEZING   OR   SEMI-PRESERVING 
ESTABLISHMENTS 

39.  No  cannery  and  no  fresh-fish,  freezing  or 
semi-preserving  establishment  shall  have  exposed 
pipe  over  any  working  surface  on  which  fish  is 
processed.     O.  Reg.  37  /76,  s.  39. 

40.  Every  cannery  and  every  fresh-fish,  freezing 
or  semi-preserving  establishment  shall  be  provided 
with  hot  water  that  is  maintained  at  a  minimum 
temperature  of  110°F  in  sufficient  quantity  for  the 
operations  of  the  cannery  or  fresh-fish,  freezing  or 
semi-preserving  establishment,  as  the  case  may  be. 
O.  Reg.  37/76,  s.  40. 

41.  Every  cannery  and  every  fresh-fish,  freezing 
or  semi-preserving  establishment  shall  be  provided 
with  facilities  for  disinfecting  the  protective  hand 
coverings  used  in  processing  areas.  O.  Reg.  37/76, 
s.  41. 

42.  Every  cutting,  filleting  and  skinning  board 
in  a  cannery  and  a  fresh-fish,  freezing  or  semi- 
preserving  establishment  shall  be  made  of  planed 
lumber  or  other  material  that  is  smooth  and  without 
cracks.     O.  Reg.  37  /76,  s.  42. 


43.  Every  surface  in  a  cannery  and  a  fresh-fish, 
freezing  or  semi-preserving  establishment,  other  than 
a  cutting,  filleting  and  skinning  board  on  which  fish 
is  processed,  shall  be  made  of  a  non-corrodible 
material,  other  than  wood,  and  every  joint  on  the 
surface  shall  be  smooth  and  watertight.  O.  Reg. 
37/76,  s.  43. 

44.  Every  receptacle,  tray,  tank,  vat  and  utensil 
used  for  processing  fish  in  a  cannery  and  a  fresh-fish, 
freezing  or  semi-preserving  establishment  shall 
be  made  of  a  non-corrodible  material,  other  than 
wood,  and  shall  have  smooth  surfaces  free  from 
cracks  and  crevices.     O.  Reg.  37  /76,  s.  44. 

45.  Every  box,  cart,  bin  and  other  receptacle 
used  in  a  cannery  and  a  fresh-fish,  freezing  or 
semi-preserving  establishment  for  holding  fish,  other 
than  live  fish,  before  it  is  further  processed  or 
shipped,  shall  be  constructed  so  as  to  provide 
drainage  and,  where  made  of  wood,  be  constructed 
of  planed  lumber  or  waterproof  plywood  and  be 
coated  with  a  durable  and  waterproof  material 
free  of  contaminants.     O.  Reg.  37  /76,  s.  45. 

46.  Every  conveyor  belt  in  a  cannery  and  a  fresh- 
fish,  freezing  or  semi-preserving  establishment  that 
comes  in  contact  with  fish,  other  than  canned 
fish  or  packaged  fish,  shall  be  fitted  with  a  spray 
washer  and,  where  practical,  a  scraper.  O.  Reg. 
37  /76,  s.  46. 

47.  No  person  shall  use  a  wire  mesh  utensil  in 
processing  fish  in  a  cannery  or  a  fresh-fish,  freezing 
or  semi-preserving  estabhshment.     O.  Reg.  37/76, 

s.  47. 

48.  No  person  shall  use  an  enamelled  utensil  in 
processing  fish  in  a  cannery  or  a  fresh-fish,  freezing  or 
semi-preserving  establishment.     O.  Reg.  37  /76,  s.  48. 

49.  Every  cannery  shall  be  provided  with  steam 
of  a  supply  and  at  a  pressure  sufficient  for  the 
operations  of  the  cannery.     O.  Reg.  37  /76,  s.  49. 

50.  Every  freezing  facility  in  a  fresh-fish,  freezing 
or  semi-preserving  establishment  shall  be  capable 
of  reducing  the  temperature  at  the  centre  of  a 
one-inch  thick  block  of  unpackaged  fillets  to 
—  5°F  in  two  hours  or  less.     O.  Reg.  37/76,  s.  50. 

51. — (1)  Every  freezing  facility  in  a  fresh-fish, 
freezing  or  semi-preserving  establishment  where 
round  or  dressed  fish  is  blast  frozen  shall  be  capable 
of  freezing  fish  by  means  of  air  at  a  temperature 
of  —  20°F  or  colder,  moving  at  a  velocity  of  not 
less  than  four  hundred  feet  per  minute. 

(2)  Where  fish  is  frozen  by  the  method  referred 
to  in  subsection  (1),  the  fish  shall  be  removed  from 
the  freezing  facility  immediately  after  the  temper- 
ature at  the  centre  of  the  thickest  section  of  the 
fish  reaches  -5°F.     O.  Reg.  37/76,  s.  51. 


Reg.  395 


FISH  INSPECTION 


807 


52.  Every  cannery  shall  be  equipped  with  one  or 
more  retorts  equipped  with, 

(a)  a  mercury-in-glass  thermometer ; 

(b)  a  pressure  gauge ; 

(c)  a  steam  spreader ;  and 

{d)  venting  valves.     O.  Reg.  37/76,  s.  52. 

Part  VIII 

GENERAL  OPERATING  REQUIREMENTS   FOR 
ESTABLISHMENTS 

53.  No  person  who, 

(a)  is    known    to   be   suffering   from   a   com- 
municable disease ; 

(b)  is   a    known   carrier   of   a   communicable 
disease ;  or 

(c)  has  an  infected  wound  or  open  lesion  on  any 
part  of  his  body, 

shaU    be    employed    in    any    working    area    of   an 
establishment.     O.  Reg.  37  /76,  s.  53. 

54.  Every  person  engaged  in  handling  or  processing 
fish  in  an  establishment  shall  wash  his  hands 
thoroughly  with  warm  water  and  liquid  or  powdered 
soap  immediately  before  commencing  each  work 
shift  and  after  each  absence  from  duty.  O.  Reg. 
37/76,  s.  54. 

55.  No  employee  who  handles  fish  with  his  bare 
hands  in  an  establishment  shall  wear  finger-nail 
polish.     O.  Reg.  37/76,  s.  55. 

56.  All  waterproof  garments  in  an  establishment 
shall  be  thoroughly  cleaned  after  each  work  shift. 
O.  Reg.  37 /76,  s.  56. 

57.  No  f)erson  in  an  estabhshment  shall  smoke 
or  spit  in  a  working  area.     O.  Reg.  37/76,  s.  57. 

58.  Every  toilet  facility  in  an  establishment  shall 
be  maintained  in  a  clean  condition  and  contain  a 
supply  of  toilet  tissue  at  all  times.  O.  Reg.  37  /76, 
s.  58. 

59.  All  sewage  from  an  establishment,  including 
liquid  waste  from  fish  processing  operations,  shall  be 
disposed  of  in  such  a  manner  that  the  sewage  is 
inaccessible  to  flies  and  the  water  supply  for  the 
establishment  does  not  become  contaminated. 
O.  Reg.  37/76,  s.  59. 

60.  Offal  and  other  refuse  shall  be  removed  from 
the  processing  area  of  an  establishment  at  least 
once  a  day.     O.  Reg.  37  /76,  s.  60. 


61.  No  person  shall  use  an  offal  bin  or  receptacle 
in  an  establishment  for  a  purpose  other  than  the 
retention  of  offal.     O.  Reg.  37  /76,  s.  61 . 

62.  No  person  shall  permit  a  dog  or  other  animal 
to  be  in  an  establishment.     O.  Reg.  37/76,  s.  62. 

63.  Every  operator  of  an  establishment  shall 
maintain  a  rodent  and  insect  control  program  in 
the  establishment  and  where  a  pesticide  is  used, 
it  shall  be  used  in  such  a  manner  that  the  pesticide 
does  not  contaminate  any  fish  in  the  establishment. 
O.  Reg.  37  /76,  s.  63. 

64.  No  unnecessary  material  or  equipment  shall 
be  stored  in  a  working  area  of  an  establishment. 
O.Reg.  37/76,5.64. 

65.  The  grounds  and  beach  of  an  establishment 
shall  be  kept  clean.     O.  Reg.  37  /76,  s.  65. 

66.  Every  establishment  shall  be  equipped  with 
brushes,  brooms,  hoses  and  other  equipment  and 
material  for  the  cleaning  of  the  establishment. 
O.  Reg.  37  /76,  s.  66. 

67.  Except  where  it  is  to  be  further  processed, 
frozen  fish  shall  be  protected  to  prevent  a  rise  in 
the  temperature  of  the  fish  when  it  is  outside  a 
refrigerated  area.     O.  Reg.  37/76,  s.  67. 

68.  Every  establishment  and  all  equipment  and 
utensils  used  in  the  operation  of  an  establishment 
shall  be  kept  in  good  repair  and  in  a  clean  and 
sanitary  condition.     O.  Reg.  37  /76,  s.  68. 

Part  IX 

ADDITIONAL   OPERATING    REQUIREMENTS    FOR 
CANNERIES 

and 

FRESH-FISH,   FREEZING  OR  SEMI-PRESERVING 
ESTABLISHMENTS 

69.  Every  operator  of  a  cannery  shall  keep  at  the 
cannery  a  record  for  a  period  of  not  less  than 
twelve  months  of  the  sterilization  treatment  used  for 
each  batch  of  fish  at  the  cannery.  O.  Reg.  37/76, 
s.  69. 

70.  All  water  used  in  a  cannery  for  cooling  canned 
fish  shall  be  chlorinated  to  give  a  chlorine  residual 
of  at  least  two  parts  per  million.  O.  Reg.  37/76, 
s.  70. 

71. — (1)  All  fish  which  are  to  be  canned  shall  be 
thoroughly  washed  prior  to  canning. 

(2)  Round  fish  shall  be  thoroughly  washed  prior 
to  processing. 

(3)  Where  fish  has  been  dressed,  it  shall  be 
thoroughly  washed  prior  to  further  processing. 
O.Reg  37/76.  s.  71. 


808 


FISH  INSPECTION 


Reg.  395 


72. — (1)  No  ice,  other  than  ice  made  from  water 
referred  to  in  subsection  32  (1),  shall  be  used  in  a  can- 
nery or  a  fresh-fish,  freezing  or  semi-preserving  estab- 
lishment. 

(2)  Except  for  fire  protection,  boilers  or  auxiliary 
services,  no  water,  other  than  water  referred  to  in  sub- 
section 32  (1),  shall  be  used  in  a  cannery  or  a  fresh-fish, 
freezing  or  semi-preserving  establishment.     O.  Reg. 

37/76,  s.  72. 

73.  All  protective  hand  coverings  worn  by  em- 
ployees in  any  processing  area  in  a  cannery  or  a 
fresh-lish,  freezing  or  semi-preserving  establishment 
shall  be  disinfected  immediately  after  each  break  in  a 
work  shift  and  at  the  end  of  every  work  shift. 
O.Reg.  37/76,5.73. 

74. — (1)  Except  for  a  filleter,  skinner,  scaler, 
handler  of  round  or  dressed  fish  or  a  worker  in  a 
frozen  storage  room  in  a  fresh-fish,  freezing  or  semi- 
preserving  establishment,  every  employee  engaged 
in  a  fish  processing  operation  in  a  cannery  or  a 
fresh-fish,  freezing  or  semi-preserving  establishment 
shall  wear  a  clean  coverall,  smock  or  coat  and 
headgear  that  completely  covers  the  hair. 

(2)  All  protective  outer  garments  worn  by  an 
employee  in  a  fish  processing  operation  in  a  cannery 
shall  be  kept  thoroughly  cleaned. 

(3)  A  filleter,  skinner,  scaler  or  handler  of  round 
or  dressed  fish  in  a  fresh-fish,  freezing  or  semi- 
preserving  establishment  shall  wear  clean  outer 
garments  and  headgear  that  completely  covers  the 
hair. 

(4)  A  worker  in  a  frozen  storage  room  in  a  fresh- 
fish,  freezing  or  semi-preserving  establishment  shall 
wear  clean  outer  garments.     O.  Reg.  37  /76,  s.  74. 

75. — (1)  Every  utensil  that  comes  in  contact 
with  fish  before  it  is  canned  or  packaged  shall  be 
thoroughly  cleaned  and  disinfected  at  least  once 
during  each  work  shift  and  at  the  end  of  each  work 
shift. 

(2)  Every  utensil  referred  to  in  subsection  (1)  shall 
be  air-dried  and  stored  in  a  sanitary  manner  at  the  end 
of  each  working  day.     O.  Reg.  37/76,  s.  75. 

76.  All  equipment,  including  conveyor  belts  and 
tables,  that  comes  in  contact  with  fish  that  is  being 
processed,  other  than  canned  and  packaged  fish. 


shall  be  cleaned  and  disinfected  at  the  end  of  each 
work  shift.     O.  Reg.  37  /76,  s.  76. 

77.  Every  floor  in  a  wet  working  area  in  a  cannery 
and  a  fresh-fish,  freezing  or  semi-preserving  estab- 
lishment shall  be  thoroughly  washed  and  disinfected 
daily.     0.  Reg.  37  /76,  s.  77. 

Part  X 

ADDITIONAL   OPERATING   REQUIREMENTS    FOR 
FROZEN-STORAGE   ESTABLISHMENTS 

78.  Every  room  in  a  frozen-storage  establishment 
in  which  frozen  fish  is  stored  shall  be  maintained  at  a 
temperature  of  —  15°F  or  colder.  O.  Reg.  37/76, 
s.  78. 

79. — (1)  Every  storage  room  in  a  frozen-storage 
establishment  shall  be  equipped  with  a  thermometer 
or  other  temperature-measuring  device  that  is  located 
in  such  a  place  that  it  indicates  the  average  air 
temperature  of  the  room. 

(2)  The  temperature  in  a  storage  room  in  a  frozen- 
storage  establishment  shall  be  read  and  recorded  at 
least  once  each  day  and  the  record  shall  be  retained 
for  a  period  of  not  less  than  twelve  months.  O.  Reg. 
37/76,  s.  79. 

80.  No  odoriferous  substance  shall  be  stored  with 
fish  in  a  holding  or  storage  room  in  a  frozen-storage 
establishment.     O.  Reg.  37  /76,  s.  80. 

Part  XI 

TRANSPORTATION   OF  FISH 

81.  Every  vehicle  used  for  the  marketing  of  fish 
shall  contain  facilities  that, 

(a)  protect  the  fish  from  contamination  and 
weather ; 

(b)  are  in  good  repair  and  in  a  clean  and 
sanitary  condition ; 

(c)  where  fresh  or  semi-preserved  fish  are  being 
transported  will  maintain  the  fish  in  a  chilled 
condition ;  and 

(d)  where  frozen  fish  are  being  transported  will 
prevent  the  temperature  of  the  frozen  fish 
from  increasing  more  than  10°F  during 
transportation.     O.  Reg.  37/76,  s.  81. 


Reg.  396 


FOREST  FIRES  PREVENTION 


809 


REGULATION  396 

under  the  Forest  Fires  Prevention  Act 


FIRE  REGIONS 

1.  The  parts  of  Ontario  described  in  the  Schedules 
to  Appendix  A  are  declared  to  be  fire  regions,  and 
each  fire  region  shall  bear  the  name  appearing  as 
the  heading  of  the  Schedule.  R.R.O.  1970,  Reg. 
354,  s.  1 ;  O.  Reg.  502/74,  s.  1. 

FIRE   PERMITS 

2.  A  fire  permit  shall  be  in  Form  1.  R.R.O. 
1970,  Reg.  354,  s.  2. 

3.  It  is  a  condition  of  a  fire  permit  that, 

(a)  the  permittee  shall  keep  the  permit  at  the 
site  of  the  burning  operation  conducted 
under  the  permit ;  and 

(b)  the  person  in  charge  of  the  burning  operation 
conducted  under  the  permit  shall  produce 
and  show  the  permit  to  any  officer  when- 
ever requested  by  the  officer.  R.R.O.  1970, 
Reg.  354,  s.  3. 

FOREST  TRAVEL  PERMITS 

4.  A  forest  travel  permit  shall  be  in  Form  2. 
R.R.O.  1970,  Reg.  354,  s.  4. 

WORK  PERMITS 

5. — (1)  An  application  for  a  work  permit  shall  be 
in  Form  3. 

(2)  A  work  permit  shall  be  in  Form  4.  R.R.O. 
1970,  Reg.  354.  s.  5. 

6.  It  is  a  condition  of  a  work  permit  that, 

(a)  the  the  permittee  shaU  keep  the  permit  or 
a  true  copy  thereof  on  the  work  permit 
area; 

(b)  the  person  in  charge  of  the  operation  con- 
ducted under  the  permit  shall  produce  and 
show  the  permit  or  the  true  copy  kept  on 
the  work  permit  area  to  any  officer  when- 
ever requested  by  the  officer.  R.R.O.  1970, 
Reg.  354,  s.  6. 

FIRE   PREVENTION  AND  SUPPRESSION 

7.  Every  person  who  starts  a  fire  out  of  doors  for 
the  purpose  of  cooking  or  obtaining  warmth  shall, 

(a)  start  the  fire  on  a  site  that  is  bare  rock  or 
bare  mineral  soil  or  free  from  flammable 
materials;  and 


(6)  keep  an  area  of  at  least  three  feet  in  width 
immediately  outside  the  edge  of  the  fire 
cleared  to  bare  rock  or  to  bare  mineral 
soil  or  cleared  of  flammable  materials. 
R.R.O.  1970.  Reg.  354,  s.  7. 

8.  No  person  shall  operate  an  outdoor  incinerator, 

(a)  that  is  an  unenclosed  device ; 

(6)  that  is  constructed,  in  whole  or  in  part, 
of  combustible  material ; 

(c)  unless  the  outlet  is  covered  with  a  heavy 
duty  screen  having  a  mesh  size  not  greater 
than  one-quarter  inch ; 

(d)  that  is  situate  less  than  fifteen  feet  from  a 
forest  or  woodland ; 

(e)  unless  it  is  situate  on  bare  rock  or  bare 
mineral  soil ;  and 

(/)  unless  an  area  of  at  least  five  feet  in  width 
immediately  surrounding  the  incinerator  is 
bare  rock  or  bare  mineral  soil.  R.R.O. 
1970,  Reg.  354,  s.  8. 

9.  Every  person  who  starts  a  fire  or  causes  a  fire 
to  be  started  out  of  doors  shall, 

(a)  take  all  reasonable  steps  to  keep  the  fire 
under  control ; 

(6)  ensure  that  a  responsible  person  tends  the 
fire; 

(c)  extinguish  the  fire  before  quitting  the  site 
of  the  fire ;  and 

{d)  where  the  fire  is  started  under  a  fire  permit, 
extinguish  the  fire  or  cause  the  fire  to  be 
extinguished  on  or  before  the  expiration  of 
the  permit.     R.R.O.  1970,  Reg.  354,  s.  9. 

10. — (1)  Except  as  otherwise  provided  in  the  work 
permit,  every  person  who  conducts  or  causes  to 
be  conducted  any  operation  in  respect  of  which  he  is 
required  by  the  Act  to  obtain  a  work  pjermit  and  in 
which  is  engaged  a  number  of  persons  specified  in 
column  1  of  an  item  of  Schedule  1  of  Appendix  B 
shall  provide  on  the  operation  in  serviceable  condition 
not  less  than  the  number  of  packpumps  specified  in 
column  2  of  the  item,  the  number  of  shovels  specified 
in  column  3  of  the  item,  the  number  of  axes  specified 
in  column  4  of  the  item,  the  number  of  portable  fire 
pumps  specified  in  column  5  of  the  item  and  the  feet 
of  fire  hose  specified  in  column  6  of  the  item. 


810 


FOREST  FIRES  PREVENTION 


Reg.  396 


(2)  Every  person  conducting  or  causing  to  be  con- 
ducted an  operation  mentioned  in  subsection  (1)  shall 
ensure  that  fifty  per  cent  of  the  persons  engaged  in  the 
operation  are  competent  in  the  use  in  fire  suppression 
of  the  equipment  provided  on  the  operation.  R.R.O. 
1970,  Reg.  354,  s.  10. 

11.  No  person  shall,  in  a  forest  or  woodland, 

(a)  start  a  power  saw  within  ten  feet  of  the 
place  where  it  is  fueled ; 

(b)  operate  a  power  saw  without  having  readily 
available  a  fire  extinguisher  that  is  in  work- 
ing condition ;  or 

(c)  when  the  engine  of  a  power  saw  is  operating 
or  is  hot,  place  the  power  saw  on  any  flam- 
mable material.      R.R.O.  1970,  Reg.  354, 

s.  11. 


APPENDIX  A 

FIRE  REGIONS 

Schedule  1 

NORTHWESTERN  FIRE  REGION 

In  the  territorial  districts  of  Kenora,  Kenora- 
Patricia  Portion  and  Rainy  River,  described  as 
follows : 

Beginning  at  the  southeasterly  corner  of  the 
Geographic  Township  of  Gorman  in  the  Terri- 
torial District  of  Kenora ;  thence  northerly  along 
the  easterly  boundary  of  the  geographic  town- 
ships of  Gorman  and  Chartrand  and  the  north- 
erly production  of  the  easterly  boundary  of  the 
Geographic  Township  of  Chartrand  to  the  south- 
westerly corner  of  G.T.P.  Block  No.  6;  thence 
easterly  along  the  south  boundary  of  that  block 
to  the  southeasterly  corner  thereof;  thence  north- 
erly along  the  easterly  boundary  of  that  block 
and  the  northerly  production  of  the  easterly 
boundary  of  that  Block  No.  6  to  the  base  line 
run  by  Phillips  and  Benner,  Ontario  Land  Sur- 
veyors, in  1931 ;  thence  northeasterly  in  a  straight 
line  to  the  intersection  of  latitude  50°  00'  with  the 
meridian  line  run  by  K.  G.  Ross,  Ontario  Land 
Surveyor,  in  1921;  thence  easterly  along  latitude 
50°  00'  to  longitude  90°  00' ;  thence  northerly  along 
longitude  90°  00'  to  latitude  51°  00';  thence  east- 
erly along  latitude  51°  00'  to  longitude  89°  00' ; 
thence  northerly  along  longitude  89°  00'  to  the  south- 
erly boundary  of  Wunnumin  Lake  Indian  Reserve 
86;  thence  easterly  along  that  southerly  boundary 
to  the  easterly  boundary  of  that  Indian  Reserve; 
thence  northerly  along  that  easterly  boundary  to 
the  northerly  boundary  of  that  Indian  Reserve ; 
thence  westerly  along  that  northerly  boundary  to 
longitude  89°  00' ;  thence  northerly  along  longitude 
89°  00'  to  latitude  54°  00' ;  thence  westerly  along 
latitude  54°  00'   to  the   Interprovincial   Boundary 


between  Ontario  and  Manitoba;  thence  in  a  south- 
westerly and  southerly  direction  following  that 
boundary  to  the  International  Boundary  between 
Canada  and  the  United  States  of  America;  thence 
in  an  easterly  and  southeasterly  direction  follow- 
ing that  boundary  to  longitude  92°  30' ;  thence 
northerly  along  that  longitude  to  the  high-water 
mark  along  the  southerly  bank  of  the  Seine  River; 
thence  easterly  along  that  high-water  mark  to  the 
southerly  boundary  of  Indian  Reserve  23A ;  thence 
easterly  and  northerly  along  that  boundary  to  the 
high-water  mark  along  the  southerly  bank  of  the 
Seine  River;  thence  easterly  along  that  high-water 
mark  to  the  southerly  limit  of  the  right  of  way  of 
that  part  of  the  King's  Highway  known  as  No.  11  ; 
thence  easterly  along  that  right  of  way  to  the 
southerly  production  of  the  easterly  boundary  of 
the  Geographic  Township  of  Bennett  in  the  Terri- 
torial District  of  Rainy  River;  thence  northerly 
along  that  southerly  production  and  the  easterly 
boundary  of  that  geographic  township  and  the 
northerly  production  of  the  easterly  boundary  of 
the  Geographic  Township  of  Bennett  to  the  3rd 
base  line;  thence  westerly  along  that  base  line 
to  the  5th  meridian  line;  thence  northerly  along 
that  meridian  line  to  a  line  drawn  west 
astronomically  from  the  southwesterly  corner  of 
the  Geographic  Township  of  Grummett  in  the 
Territorial  District  of  Kenora ;  thence  east  astrono- 
mically to  the  southwesterly  corner  of  the  Geo- 
graphic Township  of  Grummett ;  thence  easterly 
along  the  southerly  boundary  of  the  geographic 
townships  of  Grummett,  Cathcart,  McNevin  and 
Corman  to  the  place  of  beginning.  O.  Reg.  502/74, 
s.  2,  pari. 

i/  Schedule  2 

NORTH  CENTRAL  FIRE  REGION 

In  the  territorial  districts  of  Algoma,  Kenora, 
Kenora-Patricia  Portion,  Rainy  River  and  Thunder 
Bay,  described  as  follows : 

Beginning  at  the  southeasterly  corner  of  the 
Geographic  Township  of  Corman  in  the  Terri- 
torial District  of  Kenora;  thence  northerly  along 
the  easterly  boundary  of  the  geographic  townships 
of  Corman  and  Chartrand  and  the  northerly 
production  of  the  easterly  boundary  of  the  Geo- 
graphic Township  of  Chartrand  to  the  south- 
westerly corner  of  G.T.P.  Block  No.  6;  thence 
easterly  along  the  south  boundary  of  that  block 
to  the  southeasterly  corner  thereof;  thence  north- 
erly along  the  easterly  boundary  of  that  block  and 
the  northerly  production  of  the  easterly  boundary 
of  that  block  to  the  base  line  run  by  Phillips  and 
Benner,  Ontario  Land  Surveyors,  in  1931 ;  thence 
northeasterly  in  a  straight  hne  to  the  inter- 
section of  latitude  50°  00'  with  the  meridian 
line  run  by  K.  G.  Ross,  Ontario  Land  Surveyor, 
in  1921;  thence  easterly  along  latitude  50°  00'  to 
longitude  90°  00' ;  thence  northerly  along  longitude 
90°  00'  to  latitude  51°  00';  thence  easterly  along 
latitude  51°  00'  to  longitude  89°  00';  thence  north- 


Reg.  396 


FOREST  FIRES  PREVENTION 


811 


erly  along  longitude  89°  00'  to  the  southerly 
boundary  of  Wunnumin  Lake  Indian  Reserve  86 ; 
thence  easterly  along  that  southerly  boundary  to 
the  easterly  boundary  of  that  Indian  Reserve; 
thence  northerly  along  that  easterly  boundary  to 
the  northerly  boundary  of  that  Indian  Reserve; 
thence  westerly  along  that  northerly  boundary  to 
longitude  89°  00' ;  thence  northerly  along  longitude 
89°  00'  to  latitude  54°  00' ;  thence  easterly  along 
latitude  54°  00'  to  the  intersection  with  the  north- 
erly production  of  the  westerly  boundary  of  the 
Geographic  Township  of  Bicknell  in  the  Territorial 
District  of  Cochrane ;  thence  southerly  along  that 
production  to  the  northwesterly  corner  of  the 
Geographic  Township  of  Bicknell ;  thence  easterly 
along  the  northerly  boundary  of  the  last-mentioned 
geographic  township  to  the  northeasterly  corner 
thereof;  thence  southerly  along  the  easterly  bound- 
ary of  the  geographic  townships  of  Bicknell,  Boyce 
and  Clavet  to  the  northerly  boundary  of  the 
Geographic  Township  of  Downer  in  the  Territorial 
District  of  Algoma;  thence  easterly  along  the 
northerly  boundary  of  the  last-mentioned  geo- 
graphic township  to  the  northeasterly  corner  thereof ; 
thence  southerly  along  the  easterly  boundary  of 
the  geographic  townships  of  Downer,  Frances  and 
Flanders  to  the  southeasterly  corner  of  the  last- 
mentioned  geographic  township;  thence  westerly 
along  the  southerly  boundary  of  the  last-mentioned 
geographic  township  to  the  southwesterly  corner 
thereof;  thence  southerly  along  the  westerly  bound- 
ary of  the  geographic  townships  of  Foch  and  Drew 
to  the  northwesterly  corner  of  the  Geographic 
Township  of  Welsh ;  thence  easterly  along  the 
northerly  boundary  of  the  geographic  townships  of 
Welsh  and  Matthews  to  the  northeasterly  corner 
of  the  last-mentioned  geographic  township;  thence 
southerly  along  the  easterly  boundary  of  the 
Geographic  Township  of  Matthews  to  the  north- 
erly boundary  of  the  Geographic  Township  of 
Hambleton ;  thence  easterly  along  that  northerly 
boundary  to  the  northeasterly  corner  of  the  Geo- 
graphic Township  of  Hambleton ;  thence  southerly 
along  the  easterly  boundary  of  the  last-mentioned 
geographic  township  to  the  northwesterly  corner 
of  the  Geographic  Township  of  Strickland;  thence 
easterly  along  the  northerly  boundary  of  the 
geographic  townships  of  Strickland  and  Nameigos 
to  the  northeasterly  corner  of  the  last-mentioned 
geographic  township;  thence  southerly  along  the 
easterly  boundary  of  the  last-mentioned  geographic 
township  to  the  southeasterly  corner  thereof; 
thence  westerly  along  the  southerly  boundary  of 
the  last-mentioned  geographic  township  to  the 
northeasterly  corner  of  the  Geographic  Township 
of  Cooper;  thence  southerly  along  the  easterly 
boundary  of  the  last-mentioned  geographic  town- 
ship to  the  southeasterly  corner  thereof;  thence 
westerly  along  the  southerly  boundary  of  the 
last-mentioned  geographic  township  to  the  north- 
northeasterly  corner  of  the  Geographic  Township  of 
McGowan;  thence  southerly  along  the  easterly  bound- 
ary of  the  geographic  townships  of  McGowan,  Ashley, 
and  Dahl,  to  the  southeasterly  corner  of  the  last-men- 
tioned geographic  township;  thence  westerly  along  the 


southerly  boundary  of  the  geographic  townships  of 
Dahl,  Chapais  and  Charbonneau,  to  the  southwesterly 
corner  of  the  last-mentioned  geographic  township; 
thence  westerly  along  the  westerly  production  of  the 
southerly  boundary  of  the  Geographic  Township  of 
Charbonneau,  to  the  easterly  boundary  of  Pukaskwa 
National  Park ;  thence  southwesterly  along  that 
boundary  to  the  high-water  mark  of  Lake  Superior ; 
thence  southwesterly  to  the  intersection  of  longitude 
86°  30'  with  the  International  Boundary  between 
Canada  and  the  United  States  of  America;  thence 
in  a  northwesterly,  southwesterly  and  westerly 
direction  following  that  international  boundary 
to  longitude  92°  30' ;  thence  northerly  along  that 
longitude  to  the  high-water  mark  along  the  south- 
erly bank  of  the  Seine  River;  thence  easterly 
along  that  high-water  mark  to  the  southerly 
boundary  of  Indian  Reserve  23A ;  thence  easterly 
and  northerly  along  that  boundary  to  the  high- 
water  mark  along  the  southerly  bank  of  the 
Seine  River;  thence  easterly  along  that  high-water 
mark  to  the  southerly  limit  of  the  right  of  way 
of  that  part  of  the  King's  Highway  known  as 
No.  11;  thence  easterly  along  that  right  of  way 
to  the  southerly  production  of  the  easterly  bound- 
ary of  the  Geographic  Township  of  Bennett  in  the 
Territorial  District  of  Rainy  River;  thence  north- 
erly along  that  southerly  production  and  the 
easterly  boundary  of  that  geographic  township 
and  the  northerly  production  of  the  easterly 
boundary  of  the  Geographic  Township  of  Bennett 
to  the  third  base  line;  thence  westerly  along  that 
base  line  to  the  fifth  meridian  line ;  thence  north- 
erly along  that  meridian  line  to  a  line  drawn 
west  astronomically  from  the  southwesterly  corner 
of  the  Geographic  Township  of  Grummett  in  the 
Territorial  District  of  Kenora;  thence  east  astrono- 
mically to  the  southwesterly  corner  of  the  Geo- 
graphic Township  of  Grummett ;  thence  easterly 
along  the  southerly  boundary  of  the  geographic 
townships  of  Grummett,  Cathcart,  McNevin  and 
Corman  to  the  place  of  beginning.  O.  Reg.  502/74, 
s.  2,  part. 


Schedule  3 

NORTHERN  FIRE  REGION 

In  the  territorial  districts  of  Algoma,  Cochrane, 
Sudbury  and  Timiskaming  described  as  follows: 

Beginning  at  the  southwesterly  corner  of  the 
Geographic  Township  of  Drew  in  the  Territorial 
District  of  Algoma;  thence  easterly  along  the 
southerly  boundary  of  the  geographic  townships 
of  Drew  and  Cholette  to  the  northwesterly  corner 
of  the  Geographic  Township  of  Bayfield;  thence 
southerly  along  the  westerly  boundary  of  the  last- 
mentioned  geographic  township  to  the  southwest- 
erly corner  thereof;  thence  easterly  along  the 
southerly  limit  of  the  last-mentioned  geographic 
township  to  the  northwesterly  corner  of  the  Geo- 
graphic Township  of  Gourlay;  thence  southerly 
along  the  westerly  boundary  of  the  last-mentioned 


812 


FOREST  FIRES  PREVENTION 


Reg.  396 


geographic  township  to  the  southwesterly  corner 
thereof;  thence  easterly  along  the  southerly  bound- 
ary of  the  geographic  townships  of  Gourlay, 
Breckenridge,  Lizar,  Ermine,  Irvine  and  Marjorie 
to  the  westerly  boundary  of  the  Geographic  Town- 
ship of  Hook;  thence  southerly  along  the  westerly 
boundary  of  the  last-mentioned  geographic  town- 
ship to  the  southwesterly  corner  thereof ;  thence 
easterly  along  the  southerly  boundary  of  the 
geographic  townships  of  Hook  and  Hayward  to  the 
northeasterly  corner  of  the  Geographic  Township 
of  Conking;  thence  southerly  along  the  easterly 
boundary  of  the  last-mentioned  geographic  town- 
ship to  the  southeasterly  corner  thereof;  thence 
westerly  along  the  southerly  boundary  of  the  Geo- 
graphic Township  of  Conking  3  miles  and  1584.0 
feet;  thence  south  56°  34' 01"  west  to  the  north- 
westerly corner  of  the  Geographic  Township  of 
Brackin  in  the  Territorial  District  of  Sudbury; 
thence  southerly  along  the  westerly  boundary  of 
the  geographic  townships  of  Brackin  and  Lang 
to  the  northeasterly  corner  of  the  Geographic 
Township  of  Bader;  thence  westerly  along  the 
northerly  boundary  of  the  last-mentioned  geo- 
graphic township  to  the  northwesterly  corner 
thereof ;  thence  southerly  along  the  westerly  bound- 
ary of  the  geographic  townships  of  Bader,  Hornell 
and  D'Avaugour,  to  the  southwesterly  corner  of  the 
last-mentioned  geographic  township;  thence  easterly 
along  the  southerly  boundary  of  the  last-mentioned 
geographic  township  to  the  northwesterly  corner  of  the 
Geographic  Township  of  Cosens;  thence  southerly 
along  the  westerly  boundary  of  the  geographic 
townships  of  Cosens,  Topham,  Windego,  Beilhartz, 
Engstrom,  Hammond,  Moen  and  Schembri,  to  the 
southwesterly  corner  of  the  last-mentioned  geographic 
township;  thence  easterly  along  the  southerly  bound- 
ary of  the  geographic  townships  of  Schembri,  Scriven, 
Sherratt,  Drea,  Carruthers,  Cassidy,  Deans,  Carton, 
Dukszta  and  Eaton  to  the  northwesterly  corner  of  the 
Geographic  Township  of  Guindon  in  the  Territorial 
District  of  Algoma;  thence  southerly  along  the  westerly 
boundary  of  the  geographic  townships  of  Guindon  and 
McKeough  to  the  southwesterly  corner  of  the  last- 
mentioned  geographic  township;  thence  easterly  along 
the  southerly  boundary  of  the  Geographic  Township  oi 
McKeough  to  the  southeasterly  corner  thereof;  thence 
easterly  along  the  southerly  boundary  of  the  geo- 
graphic townships  of  Fulton,  Gladwin,  Ivy,  Earl,  Specht, 
Breadner,  Battersby,  Dublin,  Onaping,  Scotia, 
Frechette,  McNamara  and  Cotton  in  the  Territorial 
District  of  Sudbury  to  the  southeasterly  corner 
of  the  last-mentioned  geographic  township;  thence 
northerly  along  the  easterly  boundary  of  the 
geographic  townships  of  Cotton,  Valin  and  Stull 
to  the  southerly  boundary  of  the  Geographic 
Township  of  Dufferin  in  the  Territorial  District 
of  Timiskaming ;  thence  easterly  along  the  southerly 
boundary  of  the  geographic  townships  of  Dufferin 
and  Leckie  to  the  southeasterly  corner  of  the 
last-mentioned  geographic  township;  thence  north- 
erly along  the  easterly  boundary  of  the  last- 
mentioned  geographic  township  to  the  northeasterly 
corner  thereof;  thence  westerly  along  the  northerly 
boundary  of  the  last-mentioned  geographic  town- 


ship to  the  southeasterly  corner  of  the  Geographic 
Township  of  Ray;  thence  northerly  along  the 
easterly  boundary  of  the  last-mentioned  geographic 
township  to  the  southwesterly  corner  of  the  Geo- 
graphic Township  of  Charters;  thence  easterly 
along  the  southerly  boundary  of  the  geographic 
townships  of  Charters  and  Corkill  to  the  south- 
easterly corner  of  the  last-mentioned  geographic 
township;  thence  northerly  along  the  easterly 
boundary  of  the  last-mentioned  geographic  town- 
ship to  the  southerly  boundary  of  the  Geographic 
Township  of  Roadhouse;  thence  easterly  along 
the  southerly  boundary  of  the  geographic  town- 
ships of  Roadhouse,  Willet,  Barber,  Cane,  Henwood, 
Kerns,  Harley  and  Casey  to  the  Interprovincial 
Boundary  between  Ontario  and  Quebec ;  thence 
northerly  along  that  boundary  to  the  high-water 
mark  of  James  Bay;  thence  northerly  following 
the  high-water  mark  of  James  Bay  to  latitude 
54°  00' ;  thence  westerly  along  latitude  54°  00'  to 
the  northerly  production  of  the  westerly  boundary 
of  the  Geographic  Township  of  Bicknell  in  the 
Territorisd  District  of  Cochrane;  thence  southerly 
along  that  production  to  the  northwesterly  corner 
of  the  last-mentioned  geographic  township;  thence 
easterly  along  the  northerly  boundary  of  the  last- 
mentioned  geographic  township  to  the  northeasterly 
corner  thereof;  thence  southerly  along  the  easterly 
boundary  of  the  geographic  townships  of  Bicknell, 
Royce  and  Clavet  to  the  northerly  boundary  of  the 
Geographic  Township  of  Downer  in  the  Territorial 
District  of  Algoma;  thence  easterly  along  the 
northerly  boundary  of  the  last-mentioned  geo- 
graphic township  to  the  northeasterly  corner  thereof ; 
thence  southerly  along  the  easterly  boundary  of 
the  geographic  townships  of  Downer,  Frances  and 
Flanders  to  the  southeasterly  corner  of  the  last- 
mentioned  geographic  township;  thence  westerly 
along  the  southerly  boundary  of  the  last-mentioned 
geographic  township  to  the  northwesterly  corner 
of  the  Geographic  Township  of  Foch ;  thence  south- 
erly along  the  westerly  boundary  of  the  geographic 
townships  of  Foch  and  Drew  to  the  place  of 
beginning.     O.  Reg.  502/74,  s.  2,  part. 


Schedule  4 

NORTHEASTERN  FIRE  REGION 

In  the  territorial  districts  of  Algoma,  Manitoulin, 
Nipissing,  Sudbury,  Timiskaming  and  Thunder 
Bay  described  as  follows : 

Beginning  at  the  northwesterly  corner  of  the 
Geographic  Township  of  Mosambik  in  the  Terri- 
torial District  of  Algoma;  thence  easterly  along  the 
northerly  boundary  of  the  geographic  townships 
of  Mosambik,  Carney,  Martin  and  Mildred  to  the 
northwesterly  corner  of  the  Geographic  Township 
of  Hook;  thence  southerly  along  the  westerly 
boundary  of  the  last-mentioned  geographic  town- 
ship to  the  southwesterly  corner  thereof;   thence 


Reg.  396 


FOREST  FIRES  PREVENTION 


813 


easterly  along  the  southerly  boundary  of  the 
geographic  townships  of  Hook  and  Hayward  to 
the  northeasterly  comer  of  the  Geographic  Town- 
ship of  Conking ;  thence  southerly  along  the  easterly 
boundary  of  the  last-mentioned  geographic  town- 
ship to  the  southeasterly  comer  thereof;  thence 
westerly  along  the  southerly  boundary  of  the 
Geographic  Township  of  Conking  3  miles  and 
1584.0  feet;  thence  south  56°  34'  01'  west  astrono- 
mically to  the  northwesterly  corner  of  the  Geo- 
graphic Township  of  Brackin  in  the  Territorial 
District  of  Sudbury;  thence  southerly  along  the 
westerly  boundary  of  the  geographic  townships  of 
Brackin  and  Lang  to  the  northeasterly  comer  of 
the  Geographic  Township  of  Bader ;  thence  westerly 
along  the  northerly  boundary  of  the  last-mentioned 
geographic  township  to  the  northwesterly  corner 
thereof ;  thence  southerly  along  the  westerly  bound- 
ary of  the  geographic  townships  of  Bader,  Homell 
and  D'Avaugour,  to  the  southwesterly  corner  of  the 
last-mentioned  geographic  township;  thence  easterly 
along  the  southerly  boundar>'  of  the  last-mentioned 
geographic  township  to  the  northwesterly  corner  of  the 
Geographic  Township  of  Cosens;  thence  southerly 
along  the  westerly  boundary  of  the  geographic 
townships  of  Cosens,  Topham,  Windego,  Beilhartz, 
Engstrom,  Hammond,  Moen  and  Schembri  to  the 
.southwesterly  corner  of  the  last-mentioned  geographic 
township;  thence  easterly  along  the  southerly  bound- 
ary of  the  geographic  townships  of  Schembri,  Scriven, 
Sherratt,  Carton,  Carruthers,  Cassidy,  Deans,  Drea, 
Dukszta  and  Eaton  to  the  northwesterly  corner  of  the 
Geographic  Township  of  Guindon  in  the  Territorial 
District  of  Algoma;  thence  southerly  along  the  westerly 
boundary  of  the  geographic  townships  of  Guindon  and 
McKeough  to  the  southwesterly  corner  of  the  last- 
mentioned  geographic  township;  thence  easterly  along 
the  southerly  boundary  of  the  Geographic  Township  of 
McKeough,  to  the  southeasterly  corner  thereof;  thence 
easterly  along  the  southerly  boundary  at  the  geog- 
raphic townships  of  Fulton,  Gladwin,  Ivy,  Earl, 
Specht,  Breadner,  Battersby,  Dublin,  Onaping, 
Scotia,  Frechette,  McNamara  and  Cotton  in  the 
Territorial  District  of  Sudbury  to  the  southeasterly 
corner  of  the  last-mentioned  geographic  township; 
thence  northerly  along  the  easterly  boundary  of 
the  geographic  townships  of  Cotton,  Valin  and 
Stull  to  the  southerly  boundary  of  the  Geographic 
Township  of  Dufferin  in  the  Territorial  District 
of  Timiskaming;  thence  easterly  along  the  south- 
erly boundary  of  the  geographic  townships  of 
Dufferin  and  Leckie  to  the  southeasterly  corner 
of  the  last-mentioned  geographic  township;  thence 
northerly  along  the  easterly  boundary  of  the  last- 
mentioned  geographic  township  to  the  northeasterly 
corner  thereof;  thence  westerly  along  the  northerly 
boundary  of  the  last-mentioned  geographic  town- 
ship to  the  southeasterly  comer  of  the  Geographic 
Township  of  Ray;  thence  northerly  along  the 
easterly  boundary  of  the  last-mentioned  geographic 
township  to  the  southwesterly  corner  of  the  Geo- 
graphic Township  of  Charters;  thence  easterly 
along  the  southerly  boundary  of  the  geographic 
townships  of  Charters  and  Corkill  to  the  south- 
easterly corner  of  the  last-mentioned  geographic 


township;  thence  northerly  along  the  easterly 
boundary  of  the  last-mentioned  geographic  town- 
ship to  the  southwesterly  comer  of  the  Geographic 
Township  of  Roadhouse;  thence  easterly  along 
the  southerly  boundary  of  the  geographic  townships 
of  Roadhouse,  Willet,  Barber,  Cane,  Henwood, 
Kerns,  Harley  and  Casey  to  the  Interprovincial 
Boundary  between  Ontario  and  Quebec;  thence 
in  a  southerly  and  southeasterly  direction  following 
that  boundary  to  the  intersection  with  the  north- 
erly production  of  the  easterly  boundary  of  the 
Geographic  Township  of  Cameron  in  the  Territorial 
District  of  Nipissing;  thence  southerly  along  that 
production  and  the  easterly  boundary  of  the  last- 
mentioned  geographic  township  to  the  southeasterly 
corner  thereof;  thence  westerly  along  the  north- 
erly limit  of  Algonquin  Provincial  Park  to  the 
southeasterly  corner  of  the  Geographic  Township 
of  Chisholm ;  thence  westerly  along  the  southerly 
boundary  of  the  Geographic  Township  of  Chisholm 
to  the  southwesterly  corner  thereof;  thence  west- 
erly along  the  southerly  boundary  of  the  geographic 
townships  of  South  Himsworth,  Gurd,  Pringle 
and  East  Mills  to  the  southwesterly  corner  of  the 
last-mentioned  geographic  township;  thence  north- 
erly along  the  westerly  boundary  of  the  geographic 
townships  of  East  Mills  and  Hardy  to  the  high- 
water  mark  along  the  southerly  bank  of  the 
Memesagamesing  River;  thence  in  a  northwesterly 
direction  following  that  high-water  mark  to  the 
confluence  with  the  high-water  mark  along  the 
southerly  bank  of  the  French  River;  thence  in  a 
southwesterly  direction  along  that  high-water  mark 
to  the  westerly  limit  of  the  right-of-way  of  the 
Canadian  National  Railway;  thence  in  a  south- 
easterly direction  following  that  railway  limit  to 
Key  Junction;  thence  southerly  along  the  westerly 
limit  of  the  right-of-way  of  an  abandoned  railway 
right-of-way  to  Key  Harbour;  thence  westerly 
in  a  straight  line  to  the  most  northerly  extremity 
of  Bold  Point  on  Manitoulin  Indian  Reserve  No.  26; 
thence  westerly  in  a  straight  line  to  the  inter- 
section of  the  southerly  boundary  of  the  Geo- 
graphic Township  of  Howland  in  the  Territorial 
District  of  Manitoulin  with  the  high-water  mark 
on  the  shore  of  Georgian  Bay;  thence  in  a  general 
northerly,  westerly  and  southwesterly  direction 
following  that  high-water  mark  to  the  most  north- 
westerly extremity  of  Freer  Point  in  that  township ; 
thence  westerly  in  a  straight  line  to  the  most  north- 
erly extremity  of  Maple  Point  in  the  Geographic 
Township  of  Allen ;  thence  northwesterly  in  a  straight 
line  to  an  angle  in  the  International  Boundary 
between  Canada  and  the  United  States  of  America 
in  the  North  Channel  of  Lake  Huron  between 
Cockburn  Island  and  Drummond  Island;  thence 
in  a  northwesterly  direction  following  that  inter- 
national boundary  to  longitude  86°  30' ;  thence 
northeasterly  to  the  intersection  of  the  high-water 
mark  of  Lake  Superior  with  the  easterly  boundary 
of  Pukaskwa  National  Park;  thence  northeast- 
erly along  that  park  boundary  to  the  westerly  produc- 
tion of  the  southerly  boundary  of  the  Geographic 
Township  of  Charbonneau,  in  the  Territorial  District 
of  Algoma;  thence  easterly  along  that  production  and 


814 


FOREST  FIRES  PREVENTION 


Reg.  396 


the  southerly  boundary  of  the  geographic  townships 
of  Charbonneau,  Chapais  and  Dahl,  to  the  south- 
westerly corner  of  the  Geographic  Township  of  Dam- 
brossio;  thence  northerly  along  the  westerly  boundary 
of  the  geographic  townships  of  Dambrossio,  Bernst 
and  Broughton  to  the  northwesterly  corner  of 
the  last-mentioned  geographic  township;  thence 
easterly  along  the  northerly  boundary  of  the 
last-mentioned  geographic  township  to  the  south- 
westerly corner  of  the  Geographic  Township  of 
Doucett ;  thence  northerly  along  the  westerly  bound- 
ary of  the  last-mentioned  geographic  township 
to  the  northwesterly  corner  thereof;  thence  easterly 
along  the  northerly  boundary  of  the  last-mentioned 
geographic  township  to  the  southwesterly  corner 
of  the  Geographic  Township  of  Mosambik;  thence 
northerly  along  the  westerly  boundary  of  the  last- 
mentioned  geographic  township  to  the  place  of 
beginning;  excepting  thereout  and  therefrom  St. 
Joseph  Island.     O.  Reg.  502/74,  s.  2.  paft. 

Schedule  5 

ALGONQUIN  FIRE  REGION 

In  the  territorial  districts  of  Parry  Sound, 
Nipissing  and  Muskoka,  the  Provisional  County  of 
Haliburton,  and  the  counties  of  Hastings,  Lennox 
and  Addington,  Peterborough,  Renfrew  and 
Victoria,  described  as  follows : 

Beginning  at  the  northwesterly  corner  of  the 
Geographic  Township  of  Baxter,  now  in  the  Town- 
ship of  Georgian  Bay  in  the  District  Municipality 
of  Muskoka  in  the  Territorial  District  of  Muskoka; 
thence  southerly  and  easterly  along  the  westerly 
and  southerly  boundary  of  the  Geographic  Town- 
ship of  Baxter  to  the  northerly  production  of  the 
westerly  boundary  of  the  Township  of  Matchedash 
in  the  County  of  Simcoe;  thence  southerly  along 
that  northerly  production  and  the  westerly  bound- 
ary of  the  Township  of  Matchedash  to  the  south- 
westerly corner  thereof;  thence  easterly  along  the 
southerly  boundary  of  the  Township  of  Matchedash 
to  the  northerly  production  of  the  centre  line 
of  the  allowance  for  road  between  concessions  II 
and  III  in  the  northerly  division  of  the  Township 
of  Orillia;  thence  southerly  along  that  production 
and  that  centre  line  to  the  westerly  production 
of  the  southerly  limit  of  Lot  19  in  Concession  III; 
thence  easterly  along  that  production  to  the  westerly 
boundary  of  the  Geographic  Township  of  Morrison 
now  in  the  Town  of  Gravenhurst  in  the  District 
Municipality  of  Muskoka,  in  the  Territorial  District 
of  Muskoka;  thence  in  a  southerly  and  easterly 
direction  following  the  westerly  and  southerly 
boundaries  of  the  Geographic  Township  of 
Morrison  to  the  southeasterly  corner  thereof ;  thence 
southerly  along  the  westerly  boundary  of  the 
townships  of  Dalton  and  Carden  in  the  County  of 
Victoria  to  the  southwesterly  corner  of  the  last- 
mentioned  township;  thence  easterly  along  the 
southerly  boundary  of  the  last-mentioned  town- 
ship  to   the   westerly   boundary   of   the   Township 


of  Bexley;  thence  southerly  along  the  westerly 
boundary  of  the  last-mentioned  township  to  the 
southwesterly  corner  thereof;  thence  easterly  along 
the  southerly  boundary  of  the  townships  of  Bexley 
and  Somerville  to  the  westerly  boundary  of  the 
Township  of  Harvey;  thence  southerly  along  the 
westerly  boundary  of  the  Township  of  Harvey 
in  the  County  of  Peterborough  to  the  centre  line 
of  the  north  channel  of  the  Otonabee  River 
between  Sturgeon  Lake  and  Pigeon  Lake;  thence 
in  a  general  easterly  and  southerly  direction  along 
that  centre  line  to  a  point  in  Pigeon  Lake  which 
is  south  74°  16'  west  astronomically  from  the 
southwesterly  corner  of  Lot  2,  Concession  XVIII 
in  the  Township  of  Harvey;  thence  north  74°  16' 
east  astronomically  to  the  southwesterly  corner 
of  said  Lot  2 ;  thence  in  an  easterly  direction 
following  the  southerly  boundary  of  the  Town- 
ship of  Harvey  to  the  southeasterly  corner  thereof; 
thence  southerly  along  the  southerly  production 
of  the  easterly  boundary  of  the  Township  of 
Harvey  to  the  intersection  with  the  northerly 
boundary  of  the  Township  of  Smith;  thence  in  a 
southeasterly,  southerly  and  southwesterly  direction 
following  the  northerly  and  easterly  boundary  of  the 
last-mentioned  township  to  the  northerly  produc- 
tion of  the  westerly  boundary  of  the  Township 
of  Dummer;  thence  southerly  along  the  said 
production  and  the  westerly  boundary  of  that 
township  to  the  southwesterly  corner  thereof; 
thence  easterly  along  the  southerly  boundary  of 
that  township  to  the  southeasterly  corner  thereof; 
thence  southerly  along  the  westerly  boundary  of 
that  part  of  the  Township  of  Belmont  and  Methuen 
that  was  formerly  the  Township  of  Belmont  to 
the  southwesterly  corner  of  that  part  of  that 
township;  thence  easterly  along  the  southerly 
boundary  of  that  part  of  that  township  to  the 
southeasterly  corner  thereof ;  thence  northerly  along 
the  easterly  boundary  of  the  Township  of  Belmont 
and  Methuen  to  the  northeasterly  corner  of  the 
last-mentioned  township,  which  was  formerly  the 
Township  of  Methuen;  thence  easterly  along  the 
northerly  boundary  of  the  Township  of  Marmora 
and  Lake  that  was  formerly  the  Township  of 
Lake,  the  Township  of  Tudor  and  Cashel  that  was 
formerly  the  Township  of  Tudor,  and  the  Township 
of  Elzevir  and  Grimsthorpe  that  was  formerly 
the  Township  of  Grimsthorpe  in  the  County  of 
Hastings  to  the  westerly  boundary  of  the  Town- 
ship of  Kaladar,  Anglesea  and  Effingham  that  was 
formerly  the  Township  of  Effingham  in  the  County 
of  Lennox  and  Addington;  thence  northerly  along 
that  westerly  boundary  to  the  westerly  produc- 
tion of  the  northerly  boundary  of  Lot  34  in 
Concession  XII  in  that  part  of  the  last-mentioned 
township  which  was  formerly  the  Township  of 
Effingham ;  thence  north  69°  08'  20"  east  astrono- 
mically 3.54  miles;  thence  north  20°  51' 40"  west 
astronomically  2.54  miles  to  the  northerly  bound- 
ary of  the  Township  of  Kaladar,  Anglesea  and 
Effingham  that  was  formerly  the  Township  of 
Effingham ;  thence  northeasterly  in  a  straight 
line  to  the  southwesterly  corner  of  Lot  19  in 
Concession  I  in  the  Township  of  Denbigh,  Abinger 


Reg.  396 


FOREST  FIRES  PREVENTION 


815 


and   Ashby   that   was   formerly   the   Township   of 
Ashby;  thence  northerly  along  the  westerly  limit 
of  Lot  19  in  Concession  I  to  the  northwesterly  corner 
thereof;  thence  northerly  in  a  straight  line  to  the 
southwesterly  comer  of  Lot  19  in  Concession  II ; 
thence  northerly  along  the  westerly  Vimit  of  that 
lot    to    the    inner    limit    of    the    road   allowance 
laid  out  along  the  southerly  shore  of  Weslemkoon 
Lake ;  thence  northerly  along  the  northerly  produc- 
tion of  the  westerly  limit  of  Lot  19  in  Concession  II 
to  the  westerly  production  of  the  northerly  limit 
of    that    Lot    19;    thence    north    69"  08' 20"    east 
astronomically    to    the    northwesterly    corner    of 
Lot   11  in  Concession  II;  thence  north  20°  51' 40' 
west  to  the  north  boundary  of  the  Township  of 
Denbigh,   Abinger   and   Ashby   that   was   formerly 
the  Township  of  Ashby;  thence  easterly  along  the 
north    boundary    of    the    Township    of    Deabigh, 
Abinger  and  Ashby  that  was  formerly  the  Town- 
ship of  Ashby  and  the  Township  of   Denbigh  to 
the  westerly  boundary  of  the  Township  of  Griffith 
and   Matawatchan   that   was  formerly   the  Town- 
ship of  Griffith  in  the  County  of  Renfrew;  thence 
southerly    along    the    westerly    boundary    of    the 
Township    of    Griffith    and    Matawatchan    to    the 
southwesterly    corner    of    that    part    of    the    last- 
mentioned  township  which  was  formerly  the  Town- 
ship of   Matawatchan ;   thence   easterly   along   the 
southerly   boundary   of   the   Township   of   Griffith 
and  Matawatchan  that  was  formerly  the  Township 
of  Matawatchan  to  the  westerly  boundary  of  the 
Township   of    Palmerston    and    North    and    South 
Canonto  that  was  formerly  the  Township  of  North 
Canonto    in    the    County    of    Frontenac ;    thence 
northerly    along    that    westerly    boundary    to    the 
northerly    boundary    of    that    part    of    the    last- 
mentioned  township,  which  was  formerly  the  Town- 
ship of  North  Canonto;  thence  easterly  along  that 
northerly  boundary   to   the   westerly   boundary  of 
that  part  of  the  Township  of  Bagot  and  Blithfield 
that  was  formerly  the  Township  of  Blithfield  in 
the   County   of    Renfrew;    thence   southerly   along 
that  westerly  boundary  to  the  southwesterly  corner 
of  that  part  of  the  last-mentioned  township,  which 
was  formerly  the  Township  of  Blithfield;  thence 
easterly    along    the    southerly    boundary    of    the 
Township  of  Blithfield  and  Bagot  and  the  Town- 
ship of  McNab  to  the  southeasterly  corner  of  the 
Township  of  McNab;  thence  northwesterly  along 
the  easterly  boundary  of  the  Township  of  McNab 
to   the  southeasterly   comer  of  the   Township  of 
Horton ;  thence  westerly  along  the  southerly  bound- 
ary of  the  Township  of  Horton  to  the  southwesterly 
comer  thereof;  thence  northerly  along  the  westerly 
boundary    of    the    Township    of    Horton    to    the 
northwesterly  corner  thereof;  thence  easterly  along 
the  northerly  boundary  of  the  Township  of  Horton 
and  its  easterly  production  to  the  Interprovincial 
Boundary   between    Ontario   and    Quebec;    thence 
in  a  northwesterly  direction  following  that  boundary 
to  the  northerly  production  of  the  easterly  bound- 
ary   of    the    Geographic    Township    of    Cameron 
in    the    Territorial    District    of    Nipissing;    thence 
southerly  along  that  production  and  the  easterly 
boundary  of  the  last-mentioned  geographic  town- 


ship to  the  southeasterly  corner  thereof;  thence 
westerly  along  the  northerly  limit  of  Algonquin 
Provincial  Park  to  the  southeasterly  corner  of 
the  Geographic  Township  of  Chisholm;  thence 
westerly  along  the  southerly  boundary  of  the 
Geographic  Township  of  Chisholm  to  the  south- 
westerly corner  thereof;  thence  westerly  along 
the  southerly  boundary  of  the  geographic  townships 
of  South  Himsworth,  Gurd,  Pringle  and  East 
Mills  in  the  Territorial  District  of  Parry  Sound 
to  the  southwesterly  corner  of  the  last-mentioned 
township;  thence  northerly  along  the  westerly 
boundary  of  the  geographic  townships  of  East 
Mills  and  Hardy  to  the  high-water  mark  along 
the  southerly  bank  of  the  Memesagamesing  River; 
thence  in  a  northwesterly  direction  following  that 
high-water  mark  to  the  confluence  with  the  high- 
water  mark  along  the  southerly  bank  of  the  French 
River;  thence  in  a  southwesterly  direction  along 
that  high-water  mark  to  the  westerly  limit  of  the 
right-of-way  of  the  Canadian  National  Railway; 
thence  in  a  southeasterly  direction  following  that 
railway  limit  to  Key  Junction;  thence  southerly 
along  the  westerly  limit  of  the  right-of-way  of  an 
abandoned  railway  right-of-way  to  Key  Harbour, 
thence  southwesterly  to  the  most  northerly  ex- 
tremity of  Champlain  Island;  thence  southwesterly 
to  a  point  distant  40  miles  measured  south 
astronomically  from  the  southeasterly  corner  of 
the  Geographic  Township  of  Humboldt  in  the 
Territorial  District  of  Manitoulin;  thence  south- 
easterly in  a  straight  line  to  the  intersection  of 
longitude  80°  30'  with  latitude  45°  00' ;  thence 
southeasterly  in  a  straight  line  to  the  most 
iMrtherly  extremity  of  Giant  Tomb  Island;  thence 
southeasterly  in  a  straight  line  to  the  most 
northerly  extremity  of  Minnicognashene  Island; 
thence  northejisterly  in  a  straight  line  to  the 
place  of  beginning.     O.  Reg.  502/74,  s.  2,  part. 


Schedule  6 

^EASTERN  FIRE  REGION 


In  The  Regional  Municipality  of  Ottawa-Carleton, 
and  the  counties  of  Dundas,  Frontenac,  Glengarry, 
Hastings,  Leiaiox  and  Addington,  Lanark,  Northum- 
berland, Prince  Edward,  Prescott,  Russell  and  Stor- 
mont,  and  the  United  Counties  of  Leeds  and  Grenville 
described  as  follows: 

Beginning  at  the  southwesterly  corner  of  that 
part  of  the  Township  of  Marmora  and  Lake 
that  was  formerly  the  Township  of  Marmora  in 
the  County  of  Hastings;  thence  northerly  along 
the  westerly  boundary  of  the  Township  of  Marmora 
and  Lake  to  the  northwesterly  corner  of  the  last- 
mentioned  township;  thence  easterly  along  the 
northerly  boundary  of  the  Township  of  Marmora 
and  Lake  that  was  formerly  the  Township  of 
Lake,  the  Township  of  Tudor  and  Cashel  that  was 
formerly  the  Township  of  Tudor,  and  the  Town- 
ship of  Elzevir  and  Grimsthorpe  that  was  formerly 


'^Bl~         ^» 


816 


FOREST  FIRES  PREVENTION 


Reg.  396 


the  Township  of  Grimsthorpe  to  the  westerly 
boundary  of  the  Township  of  Kaladar,  Anglesea 
and  Effingham  that  was  formerly  the  Township 
of  Effingham  in  the  County  of  Lennox  and 
Addington;  thence  northerly  along  that  westerly 
boundary  to  the  westerly  production  of  the  northerly 
boundary  of  Lot  34  in  Concession  XII  in  that 
part  of  the  last-mentioned  township  which  was 
formerly  the  Township  of  Effingham;  thence  north 
69°  08' 20"  east  astronomically  3.54  miles;  thence 
north  20°  51'  40"  west  astronomically  2.54  miles  to 
the  northerly  boundary  of  the  Township  of  Kaladar, 
Anglesea  and  Effingham  that  was  formerly  the 
Township  of  Effingham;  thence  northeasterly  in  a 
straight  line  to  the  southwesterly  corner  of  Lot  19 
in  Concession  I  in  the  Township  of  Denbigh, 
Abinger  and  Ashby  that  was  formerly  the  Town- 
ship of  Ashby;  thence  northerly  along  the  westerly 
limit  of  Lot  19  in  Concession  I  to  the  northwesterly 
corner  thereof;  thence  northerly  in  a  straight  line 
to  the  southwesterly  corner  of  Lot  19  in  Con- 
cession II;  thence  northerly  along  the  westerly 
limit  of  that  lot  to  the  inner  limit  of  the  road 
allowance  laid  out  along  the  southerly  shore  of 
Weslemkoon  Lake;  thence  northerly  along  the 
northerly  production  of  the  westerly  limit  of 
Lot  19  in  Concession  II  to  the  westerly  production 
of  the  northerly  limit  of  that  Lot  19;  thence  north 
69°  08'  20"  east  astronomically  to  the  northwesterly 
corner  of  Lot  11  in  Concession  1 1 ;  thence  north 
20°  51'  40'  west  astronomically  to  the  north  bound- 
ary of  the  Township  of  Denbigh,  Abinger  and 
Ashby  that  was  formerly  the  Township  of  Ashby; 
thence  easterly  along  the  north  boundary  of  the 
Township  of  Denbigh,  Abinger  and  Ashby  that  was 
formerly  the  Township  of  Ashby  and  the  Township 
of  Denbigh  to  the  westerly  boundary  of  the 
Township  of  Griffith  and  Matawatchan  that  was 
formerly  the  Township  of  Griffith  in  the  County  of 
Renfrew;  thence  southerly  along  the  westerly 
boundary  of  the  Township  of  Griffith  and  Mata- 
watchan to  the  southwesterly  corner  of  that  part 
of  the  last-mentioned  township  which  was  formerly 
the  Township  of  Matawatchan;  thence  easterly 
along  the  southerly  boundary  of  the  Township  of 
Griffith  and  Matawatchan  that  was  formerly  the 
Township  of  Matawatchan  to  the  westerly  boundary 
of  the  Township  of  Palmerston  and  North  and 
South  Canonto  that  was  formerly  the  Township 
of  North  Canonto  in  the  County  of  Frontenac; 
thence  northerly  along  that  westerly  boundary  to 
the  northerly  boundary  of  that  part  of  the  last- 
mentioned  township,  which  was  formerly  the  Town- 
ship of  North  Canonto;  thence  easterly  along  that 
northerly  boundary  to  the  westerly  boundary  of 
that  part  of  the  Township  of  Bagot  and  Blithfield 
that  was  formerly  the  Township  of  Blithfield  in 
the  County  of  Renfrew ;  thence  southerly  along  that 
westerly  boundary  to  the  southwesterly  corner 
of  that  part  of  the -last-mentioned  township  which 


was  formerly  the  Township  of  BHthfield;  thence 
easterly  along  the  southerly  boundary  of  the 
Township  of  Blithfield  and  Bagot  and  the  Town- 
ship of  McNab  to  the  most  northerly  corner  of  the 
Township  of  Pakehham  in  the  County  of  Lanark; 
thence  southeasterly  along  the  northeasterly  bound- 
ary of  the  townships  of  Pakenham  and  Ramsay 
to  the  most  easterly  corner  of  the  Township  of 
Ramsay;  thence  southwesterly  along  the  south- 
easterly boimdary  of  the  townships  of  Ramsay, 
Lanark  and  the  Township  of  Dalhousie  and  North 
Sherbrooke  that  was  formerly  the  Township  of 
Dalhousie  to  the  northeasterly  boundary  of  the 
Township  of  South  Sherbrooke ;  thence  northwesterly 
along  the  northeasterly  boundary  of  the  Town- 
ship of  South  Sherbrooke  to  the  most  northerly 
corner  thereof;  thence  southwesterly  along  the 
northwesterly  boundary  of  the  Township  of  South 
Sherbrooke  to  the  easterly  boundary  of  the  Town- 
ship of  Oso  in  the  County  of  Frontenac;  thence 
southerly  and  southeasterly  along  the  easterly 
boundary  of  the  Township  of  Oso  and  the  north- 
easterly boundary  of  the  Township  of  Bedford  to  the 
most  easterly  corner  of  the  Township  of  Bedford; 
thence  westerly  along  the  southerly  boundary  of 
the  townships  of  Bedford  and  Hinchinbrooke, 
to  the  southwesterly  corner  of  the  Township  of 
Hinchinbrooke;  thence  northerly  along  the  easterly 
boundary  of  the  Township  of  Sheffield  in  the 
County  of  Lennox  and  Addington  to  the  south- 
easterly corner  of  the  Township  of  Sheffield; 
thence  westerly  along  the  southerly  boundary  of 
that  township  to  the  easterly  boundary  of  the 
Township  of  Hungerford  in  the  County  of  Hastings ; 
thence  southerly  along  the  easterly  boundary  of 
the  Township  of  Hungerford  to  the  southeasterly 
corner  of  that  township;  thence  westerly  along  the 
southerly  boundary  of  the  townships  of  Hungerford 
and  Huntingdon  to  the  southwesterly  corner  of  the 
Township  of  Huntingdon ;  thence  northerly  along  the 
westerly  boundary  of  the  Township  of  Huntingdon 
to  the  southerly  boundary  of  the  Township  of 
Madoc ;  thence  westerly  along  that  southerly  bound- 
ary and  the  southerly  boundary  of  the  Township 
of  Marmora  and  Lake  that  was  formerly  the 
Township  of  Marmora  to  the  place  of  beginning. 
O.  Reg.  502/74,  s.  2,  part. 


Schedule  7 

SOUTHWESTERN  FIRE  REGION 
The  townships  of, 

(a)  Albemarle,  Amabel,  Eastnor,  Lindsay  and 
St.  Edmunds  in  the  County  of  Bruce;  and 

{b)  Keppel   and   Sarawak   in   the   County   of 
Grey.     O.  Reg.  502/74,  s.  2,  part. 


Reg.  396 


FOREST  FIRES  PREVENTION 


817 


APPENDIX  1 
Schedule  1 


Item 

Column  1 

Column  2 

Column  3  '\ 

Column  4 

Column  5 

Column  6 

No.  of  Men 

Packpumps 

Shovels 

^L  Axes 

Portable  Fire 
Pumps 

Feet  of 
Fire  Hose 

1. 

1 

0 

1 

\ 

0 

0 

2. 

2 

0 

1 

1      ' 

0 

0 

3. 

3 

1 

2 

1 

0 

0 

4. 

4 

2 

2 

1 

0 

0 

5. 

5 

3 

3 

2 

0 

0 

6. 

6-10 

5 

5 

3 

0 

0 

7. 

11-20 

8 

10 

5 

0 

0 

8. 

21-30 

10 

15 

7 

0 

0 

9. 

31-40 

15 

15 

10 

1 

2500 

10. 

41-50 

18 

20 

15 

1 

2500 

11. 

51-60 

20 

25 

20      |, 

1 

2500 

12. 

61-70 

25 

25 

25       t' 

2 

5000 

13. 

71  or  more 

30 

30 

30 

2 

5000 

Form  1 

Forest  Fires  Prevention  Act 

FIRE  PERMIT 

Under  the  Forest  Fires  Prevention  Act  and  the 
regulations,  and  subject  to  the  Hmitations  thereof, 
and  subject  also  to  the  terms  and  conditions  herein, 
this  permit  is  issued  to 

name  in  full  of  permittee  in  block  letters 

post  office  address  telephone  no. 

to  start  a  fire  upon  the  following  lands: 

Township Lot Concession 

Subdivision :     Lot Plan 

Mining  Claim  No Location  No 

Base  Map  No Other 


R.R.O.  1970.  Reg.  354.  App.  B,  Sched.  1. 

for  the  purpose  of  Incinerator  D  Brush  Burning  D 

Land  Clearing   D 

Other 

from  the day  of 19 . . .  to  and 

including  the day  of    ,  19 .  . ., 

subject  to  the  following  terms  and  conditions : 

1.  The  permittee  shall  keep  this  permit  at  the 
site  of  the  burning  operation  conducted 
under  this  permit. 

2.  The  person  in  charge  of  the  burning 
operation  conducted  under  this  permit  shall 
produce  and  show  this  permit  to  any  officer 
whenever  requested  by  the  officer. 


3.  This  permit  is  not  valid  between 

and local  time  of  each  day. 


818 


FOREST  FIRES  PREVENTION 


Reg.  396 


4.  The  amount  to  be  burned  at  any  one  time 

shall  not  exceed acres 

piles windrows. 

5.  All  slash  and  land  clearing  debris  shall  be 
in  piles  or  windrows  separated  by  a  distance 

of  at  least feet.    Windrows  shall 

not  exceed feet  in  length. 

6.  The  permittee  shall  have  at  the  location 

of  the  fire men  and  the  following 

lirefighting  equipment  in  serviceable  con- 
dition : 


7.  The  permittee  shall  report  wildfires  to . 


8.  Other  terms  and  conditions  : 


place  of  issue 


date  of  issue 


signature  of  permittee 


signature  of  issuing 
officer 

O.  Reg.  502/74,  s.  3. 


Form  2 

Forest  Fires  Prevention  Act 

FOREST  TRAVEL  PERMIT 

Under  the  Forest  Fires  Prevention  Act  and  the 
regulations,  and  subject  to  the  limitations  thereof, 
and  subject  also  to  the  terms  and  conditions  herein, 
this  permit  is  issued  to 

(name  in  full  of  permittee  in  block  letters) 

(post  office  address) 
to  enter  and  travel  about  in 


(restricted  travel  zone  or 


description  of  such  part  thereof  in  which  travel  is 


permitted) 

from  and  including  the 


.  day  of 19. 


to  and  including  the  ....  day  of ,  19 . 

subject  to  the  following  conditions : 


(place  of  issue) 


(date  of  issue) 


(signature  of  permittee)     (signature  of  issuing  officer) 
R.R.O.  1970,  Reg.  354,  Form  2. 


Reg.  396 


FOREST  FIRES  PREVENTION 


819 


Form  3 

Forest  Fires  Prevention  Act 

APPLICATION  FOR  A  WORK  PERMIT 

Under  the  Forest  Fires  Prevention  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  the 
undersigned  applies  for  a  work  permit  to  conduct  the  following  operation: 


Applicant 

Name                                               Address                 No.  Street  P.O.  Box  or  R.R.  No. 

Post  Office 

Phone — Business         Residence 

Duration  and 
Type  of  Operation 

Start  Date 

□  Logging                 □  Mining               n  Land  Clearing 

D  Industrial             D  Saw  Mill           D  Dam,  Bridge 

Camp  Const. 
D  Other- 

Finish  Date 

Licence  or 
Authority  No. 

Timber  licence 

Mining  Claim  No. 

Private  Lands 

Land  Use  Permit 

Other 

Extent  of 
Operation 

Logging 

acres 

Land  clearing  (area) 

Right-of-way  (length  x  width) 

Other 

Species 

Pulpwood 
(cords) 

Sawlog 
D  cu.  ft.        D  F.B.M. 

Tree  Length 
(cu.  ft.) 

Others 

Boundaries  of 
Work  Permit 
Area 

Township  or  Base  Map  No. 

Lot  and  Concession,  Location,  Subdivision  or 
Mining  Claim 

Other  (describe) 

Shown  on  Map  Attached 

Camp 

Location 

No.  of  Employees 

Initial 
Forest  Fire 
Suppression 
Action 

Name  of  Person  Responsible  (on  worksite) 

Home  Address                        No.   Street   P.O.  BoSc  or  R.R.  No. 

Post  Office 

Telephone— Residence 

820 


FOREST  FIRES  PREVENTION 


Reg.  396 


Supervisor  of 
Operation 

Name 

Communication 
to  Permit  Area 

Phone  No.            Radio  from                    to 

Other 

Heavy 
Equipment 

List  Bulldozer  Type  Equipment  on  Work  Permit  Area : 

I  certify  that  the  information  given  in  this  application  is  true. 

Signature 

Title 

Date 

R.R.O.  1970,  Reg.  354,  Form  3. 

Form  4 

Forest  Fires  Prevention  Act 
WORK  PERMIT 

Under  the  Forest  Fires  Prevention  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  and 
subject  also  to  the  terms  and  conditions  herein,  this  permit  is  issued  to 


(name  of  permittee)  (post  office  address) 

to  conduct  an  operation  from  the  day  of   ,  19. .  . .   to  and  including  the   ....  day 

of 19 on  the  following  work  permit  area : 

for  the  purpose  of 

subject  to  the  following  conditions : 

1 .  The  permittee  shall  keep  this  permit  or  a  true  copy  thereof  on  the  work  permit  area. 

2.  The  person  in  charge  of  the  operation  conducted  under  this  permit  shall  produce  and  show  this 
permit  or  the  true  copy  kept  on  the  work  permit  area  to  any  officer  whenever  requested  by  the 
officer. 

3.  Other  conditions : 


(place  of  issue) 


(date  of  issue) 


(signature  of  issuing  officer) 

R.R.O.  1970,  Reg.  354,  Form  4. 


Reg.  397 


FORESTRY 


821 


REGULATION  397 


under  the  Forestry  Act 


NURSERIES 
1.  In  this  Regulation, 

(a)  "Christmas  tree  plantation"  means  a  group  of 
coniferous  trees  that  are  planted  or  growing 
on  land  for  the  production  of  Christmas  trees; 

(b)  "private  land"  means  land  not  vested  in  Her 
Majesty  in  right  of  Ontario,  but  includes 
unpatented  land  that  is  located  or  sold  under 
the  Public  Lands  Act; 

(c)  "shelter"  includes  shelter  of  land  or  struc- 
tures; 

(d)  "shelter  belt"  means  a  belt  of  trees  for  shelter, 
planted  or  growing  at  least  one  metre  and  not 
more  than  two  metres  apart  in  one  or  more 
rows  at  least  sixty  metres  in  length  and  at  least 
one  metre  apart; 

(e)  "unit"  means  a  seedling,  transplant,  tree  or 
cutting; 

(/)  "wood"  means  a  group  of  trees  planted  or 
growing  on  at  least  0.5  of  a  hectare  of  land 
with  at  least  250  trees  on  each  0.5  hectare  of 
land.  R.R.O.  1970,  Reg.  355,  s.  1;  O.  Reg. 
140/80,  s.  I. 

2.  The  Minister  is  authorized  to  establish  nur- 
series at  Dryden,  Thunder  Bay,  Kemptville,  Mid- 
hurst,  Orono,  St.  WiUiams  and  Swastika.  R.R.O. 
1970,  Reg.  355.  s.  2. 


3. — ( 1)  An  application  for  nursery  stock  shall  be  pre- 
pared in  the  form  provided  by  the  Minister. 

(2)  An  application  shall  not  be  made  for  fewer  than 
100  units. 

(3)  An  application  for  more  than  100  units  shall  be 
for  whole  number  multiples  of  fifty  units. 

(4)  Subject  to  subsections  (2)  and  (3),  an  application 
shall  not  be  made  for  fewer  than  fifty  units  of  a  species. 

(5)  Subject  to  subsections  (2)  and  (3),  an  application 
for  more  than  fifty  units  of  a  species  shall  be  for  whole 
number  multiples  of  fifty  units  of  the  species. 
O  Reg.  140/80,  s.  2. 

4.  Nursery  stock  may  be  furnished  in  respect  of  pri- 
v.ate  land  having  an  area  of  at  least  two  hectares 
exclusive  of  any  part  occupied  by  structures.  O.  Reg. 
140/80,  s.  3. 

5.  Nursery  stock  may  be  furnished  for  enlarging, 
establishing  and  replenishing  a  Christmas  tree  planta- 
tion, shelter  belt  or  wood.     O.  Reg.  140/80,  s.  4. 

6.  The  charges  to  be  made  for  nursery  stock  at  a 
nursery  are  $10  plus  2.5  cents  for  each  unit.  O.  Reg. 
140/80,  s.  5. 

7.  No  nursery  stock  shall  be  furnished  until  the 
amount  of  charges  for  the  nursery  stock  has  been 
received  by  the  Minister.     O.  Reg.  306/72,  s.  1. 


Reg.  398 


FRESHWATER  FISH  MARKETING 


823 


REGULATION  398 

under  the  Freshwater  Fish  Marketing  Act  (Ontario) 


GENERAL 

1.  The  Freshwater  Fish  Marketing  Corporation 
estabUshed  under  the  Freshwater  Fish  Marketing  Ad 
(Canada)  is  designated  as  the  body  to  control  the 
selling  and  bujnng  of  fish  in  the  parts  of  Ontario 
designated  in  Schedule  1.  R.R.O.  1970.  Reg.  356, 
s.  1. 

2.  The  Act  does  not  apply  to  the  sale  of  fish  to  or 
the  purchase  of  fish  by  a  person  far  consumption 
by  himself  or  his  family  or  for  consumption  by 
persons  ot  animals  in  the  course  of  his  business. 
R.R.O.  1970.  Reg.  356.  s.  2. 


Schedule  1 

In  the  territorial  districts  of  Cochrane.  Kenora  and 
Thunder  Bay  described  as  follows : 

Beginning  at  the  intersection  of  the  water's  edge 
of  Hudson  Bay  with  longitude  86°  00' ;  thence  south- 
erly along  longitude  86°  00'  to  the  water's  edge 
along  the  northerly  shore  of  Lake  Superior;  thence 
in  a  northwesterly  and  southwesterly  direction 
along  that  water's  edge  to  the  northerly  shore  of  the 
Pigeon  River;  thence  south  astronomically  to  the 
International  Boundary  between  Canada  and  the 
United  States  of  America;  thence  westerly  along 
that  International  Boundary  to  the  southerly  pro- 
duction of  the  easterly  boundary  of  the  geographic 
township  of  Hartington  in  the  Territorial  District 
of  Thunder  Bay;  thence  northerly  along  that  pro- 
duction and  the  easterly  boundary  of  the  geographic 
townships  of  Hartington,  Lismore,  Strange,  Aldina, 
Sackville,  Laurie  and  Blackwell  to  the  centreline 
of  that  part  of  the  King's  Highway  known  as  No.  1 1 ; 
thence  easterly  along  that  centreline  to  the  centre- 
line of  that  part  of  the  King's  Highway  known  as 
No.  17;  thence  northwesterly  along  that  centreline 
to  longitude  92°  30' ;  thence  northerly  along  longitude 
92°  30'  to  the  northerly  boundary  of  geographic 
township  Mcllraith;  thence  westerly  along  the 
northerly  boundary  of  the  geographic  townships  of 
Mcllraith,  Breithaupt,  Daniel  and  Rowell  to  the 
northwesterly  comer  of  the  last-mentioned  geo- 
graphic township;  thence  northerly  along  the  6th 
Meridian  to  the  7th  Base  Line;  thence  westerly 
along  that  base  line  to  the  centreline  of  that  part 
of  the  King's  Highway  known  as  No.  105;  thence 
northwesterly  along  that  centreline  to  latitude 
51°  00';  thence  westerly  along  that  latitude  to  the 
Interprovincial  Boundary  between  Ontario  and 
Manitoba ;  thence  northerly  and  northeasterly  along 
that  boundary  to  the  water's  edge  of  Hudson  Bay; 
thence  southeasterly  along  that  water's  edge  to  the 
place  of  beginning. 


Saving  and  excepting  thereout  and  therefrom  the 
waters  of  the  following  bodies  of  water: 

1.  Basket  Lake  in  the  Territorial  District  of 
Kenora,  Patricia  Portion,  at  approximate 
latitude  49°  43'  north,  longitude  92°  00' 
west. 

2.  McCusker  Lake  in  the  Territorial  District  of 
Kenora,  Patricia  Portion,  at  approximate 
latitude  51°  39'  north,  longitude  94°  39' 
west. 

3.  Musclow  Lake  in  the  Territorial  District  of 
Kenora,  Patricia  Portion,  at  approximate 
latitude  51°  24'  north,  longitude  94°  57' 
west. 

4.  Lake  Nipigon  in  the  Territorial  District  of 
Thunder  Bay. 

5.  Wapesi  Lake  in  the  Territorial  District  of 
Kenora,  Patricia  Portion,  at  approximate 
latitude  50°  34'  north,  longitude  92°  21' 
west. 

6.  Paguchi  Lake  in  the  Territorial  District  of 
Kenora,  at  approximate  latitude  49°  34' 
north,  longitude  91°  32'  west. 

7.  Indian  Lake  in  the  Territorial  District  of 
Kenora,  at  approximate  latitude  49°  34' 
north,  longitude  91°  40'  west. 

8.  Sturgeon  Lake  in  the  territorial  districts  of 
Kenora  and  Thunder  Bay,  at  approximate 
latitude  50°  GO'  north,  longitude  90°  45' 
west. 

9.  Onaman  Lake  in  the  Territorial  District  of 
Thunder  Bay,  at  approximate  latitude 
50°  00'  north,  longitude  87°  26'  west. 

10.  Ara  Lake  in  the  Territorial  District  of  Thun- 
der Bay,  at  approximate  latitude  50°  33' 
north,  longitude  87°  28'  west. 

11.  Meta  Lake  in  the  Territorial  District  of 
Thunder  Bay,  at  approximate  latitude 
50°  30'  north,  longitude  87°  25'  west. 

12.  Lac  Seul  in  the  Territorial  District  of  Kenora, 
at  approximate  latitude  50°  20'  north,  lon- 
gitude 92°  30'  west. 

13.  Kagianagami  Lake  in  the  Territorial  District 
of  Thunder  Bay,  at  approximate  latitude 
50°  57'  north,  longitude  87°  50'  west. 


824 


FRESHWATER  FISH  MARKETING 


Reg.  398 


14.  Chipman  Lake  in  the  territorial  districts  of 
Cochrane  and  Thunder  Bay,  at  approximate 
latitude  49°  58'  north,  longitude  86°  15' 
west. 

15.  Marshall  Lake  in  the  Territorial  District  of 
Thunder  Bay,  at  approximate  latitude 
50°  25'  north,  longitude  87°  30'  west. 

16.  Woman  Lake  in  the  Territorial  District  of 
Kenora,  Patricia  Portion,  at  approximate 
latitude  51°  12'  north,  longitude  92°  45' 
west. 

17.  Confederation  Lake  in  the  Territorial  Dis- 
trict of  Kenora,  Patricia  Portion,  at  approxi- 
mate latitude  51°  05'  north,  longitude  92°  44' 
west. 

18.  Smoothrock  Lake  in  the  Territorial  District 
of  Thunder  Bay,  at  approximate  latitude 
50°  30'  north,  longitude  89°  30'  west. 

19.  Whitewater  Lake  in  the  Territorial  District 
of  Thunder  Bay,  at  approximate  latitude 
50°  48'  north,  longitude  89°  10'  west. 

20.  Mojikit  Lake  in  the  Territorial  District  of 
Thunder  Bay,  at  approximate  latitude 
50°  40'  north,  longitude  88°  15'  west. 

21.  North  Wind  Lake  in  the  Territorial  District 
of  Thunder  Bay,  at  approximate  latitude 
49°  52'  north,  longitude  87°  57'  west. 


22.  Summit  Lake  in  the  Territorial  District  of 
Thunder  Bay,  at  approximate  latitude 
50°  25'  north,  longitude  87°  45'  west. 

23.  Sowden  Lake  in  the  Territorial  District  of 
Kenora,  at  approximate  latitude  49°  32' 
north,  longitude  91°  12'  west. 

24.  Abamategwia  Lake  in  the  Territorial  District 
of  Kenora,  at  approximate  latitude  49°  40' 
north,  longitude  91°  54'  west. 

25.  Mameigwess  Lake  in  the  Territorial  District 
of  Kenora,  at  approximate  latitude  49°  34' 
north,  longitude  91°  49'  west. 

26.  Black  Sturgeon  Lake  in  the  Territorial  Dis- 
trict of  Thunder  Bay,  at  approximate 
latitude  49°  20'  north,  longitude  88°  53' 
west. 

27.  Lake  of  Bays  in  the  Territorial  District  of 
Kenora,  at  approximate  latitude  50°  05' 
north,  longitude  91°  15'  west. 

28.  Barrel  Lake  in  the  Territorial  District  of 
Kenora,  at  approximate  latitude  49°  39' 
north,  longitude  91°  31'  west. 

O.  Reg.  128/73,  s.  1 ;  O.  Reg.  36/76,  s.  1; 
O.  Reg.  873/76,  s.  1 ;  O.  Reg.  66/77,  s.  1 ; 
O.  Reg.  403/78,  s.  1 ;  O.  Reg.  793/78,  s.  1. 


Reg.  399 


FUNERAL  SERVICES 


825 


REGULATION  399 


under  the  Funeral  Services  Act 


GENERAL 

FUNERAL   director's  LICENCE 

1. — (1)  An    applicant    for    a    funeral    director's 
licence  shall, 

(a)  be  a  graduate  of  a  program  in  funeral 
service  education ; 


(b)  have  completed  at  least  twelve  months  of 
in-service  training  under  agreement ; 


(c)  have  made  application  to  try  a  licensing 
examination  set  by  the  Board  in  Form  6 
and  pay  to  the  Board  a  fee  of  $75 ; 

(d)  have  passed  a  Ucensing  examination  set 
by  the  Board  to  assess  the  readiness  and 
abihty  of  the  applicant  to  serve  the  public 
as  a  funeral  director ; 


(e)  furnish  evidence  that  he  has  embalmed 
at  I»ast  fifty  human  bodies ; 

(/)  file  with  the  Registrar  his  affidavit  of  in- 
service  training ;  and 


(g)  pay  the  Board  a  fee  of  $25. 


(2)  An  applicant  who  complies  with  subsection  (1) 
shall  be  issued  a  funeral  director's  licence  in  Form 
13.     O.  Reg.  908/77,  s.  1. 


(3>^The  holder  of  a  licence  as  a  funeral  director  may 
be  exempted  by  the  Board  from  the  provisions  of 
clause  36  (1)  (a)  or  (c),  or  both,  of  the  Act  under  such 
special  circumstances  in  the  public  interest  as  the 
Board  considers  advisable.     O.  Reg.  912/78,  s.  1. 

2. — (1)  An  applicant  who  fails  to  pass  the  funeral 
director's  licensing  examination  set  by  the  Board 
may,  within  thirty  days  of  receipt  of  notification 
that  he  has  failed  the  licensing  examination,  notify 
the  Board  of  his  intention  to  continue  his  in-service 
training  and  retry  the  Board  examination  tha^ 
following  year. 

(2)  An  application  to  retry  the  Board's  funeral 
director's  licensing  examination  shall  be  in  Form  7 
and  shall  be  made  fifteen  days  prior  to  the  date  set 


for  the  examination  and  shall  be  accompanied  by  a 
fee  of  $25  payable  to  the  Board.  O.  Reg.  908  /77, 
s.  2. 

FUNERAL  DIRECTOR'S  ANNUAL   FEE 

3. — (1)  The  Registrar  shall  send  to  all  funeral 
directors,  by  ordinary  mail,  an  annual  fee  payment 
form  on  or  before  the  15th  day  of  November  each 
year. 

(2)  The  annual  fee  for  a  funeral  director  shall  be 
$25  and  shall  be  paid  to  the  Board  not  later  than 
the  31st  day  of  December  of  the  year  preceding  the 
year  to  which  the  fee  applies. 

(3)  Notwithstanding  subsection  (2),  where  a  funeral 
director  has  held  a  licence  under  the  Act  or  a  predeces- 
sor thereof  for  a  total  period  of  fifty  years,  no  annual 
fee  is  payable. 

(4)  A  funeral  director  shall  notify  the  Registrar 
of  any  change  in  his  employment,  together  with  the 
name  and  address  of  his  employer  within  fifteen 
days  thereof.     O.  Reg.  908  /77,  s.  3. 


CANCELLED  LICENCES 

4. — (1)  A  person  whose  funeral  director's  licence 
has  been  cancelled  by  the  Registrar  for  non-payment  of 
the  annual  fee  under  subsection  6  (7)  of  the  Act  may 
apply  to  have  his  licence  re-issued  and  shall  pay  all 
outstanding  fees  owing  the  Board  under  this  Regula- 
tion provided  a  period  of  not  more  than  two  years  has 
elapsed  from  the  date  of  cancellation  of  his  licence. 

(2)  Where  a  period  of  more  than  two  years  has 
elapsed  from  the  cancellation  of  a  licence,  an 
applicant  under  subsection  (1)  shall, 

(a)  attend  a  continuing  education  course  con- 
ducted or  approved  by  the  Board ; 

(b)  take  an  examination  set  by  the  Board; 
and 

(c)  pay  all  outstanding  fees  owing  the  Board 
under  this  Regulation. 

(3)  The  outstanding  fees  payable  under  subsection 
(1)  or  (2)  shall  be  calculated  from  the  year  in  which  the 
licence  was  cancelled  to  and  including  the  year  in 
which  the  application  is  made.     O.  Reg.  908/77,  s.  4. 


826 


FUNERAL  SERVICES 


Reg.  399 


CONTINUING  EDUCATION  COURSE 

5. — (1)  Subject  to  subsections  (3)  and  (4),  a  funeral 
director  shall  attend  a  continuing  education  course 
of  instruction  in  embalming,  restorative  art,  sani- 
tation and  funeral  management  conducted  or 
approved  by  the  Board  at  least  once  every  five 
years.. 

(2)  The  Registrar  shall  keep  a  record  of  every 
funeral  director  who  attends  a  course  in  continuing 
education. 

(3)  Subsection  (1)  does  not  apply  to  a  funeral  direc- 
tor who, 

(a)  is    not    actively    engaged    as    a    funeral 
director,  as  determined  by  the  Board ;  or 

(b)  is  not  a  resident  of  Ontario. 

(4)  A  funeral  director  who  is  unable  to  attend  a 
course  as  required  by  subsection  (1)  may,  upon  filing 
proof  of  illness,  physical  disability  or  shortage  of  help, 
be  granted  an  extension  of  time  by  the  Board  in  which 
to  comply  with  subsection  (1).     O.  Reg.  908/77,  s.  5. 


STUDENTS 

6. — (1)  An  applicant  for  registration  for  in-service 
training, 

(a)  shall  file  with  the  Registrar  within  ninety 
days  of  successful  completion  of  semesters 
1  and  2  of  a  program  in  funeral  service 
education, 

(i)  an  application  for  registration  in 
Form  2, 

(ii)  proof  that  he  has  successfully  com- 
pleted semesters  1  and  2  of  a  program 
of  funeral  service  education, 

(iii)  separate  certificates  in  Form  3  of 
good  character  from  two  persons, 
not  relatives,  who  have  known  the 
applicant  for  a  period  of  at  least 
five  years, 

(iv)  his  agreement  of  in-service  training 
in  Form  4,  and 

(v)  a  photograph  of  himself  taken  within 
the  last  twelve  months ;  and 

(b)  shall  pay  the  Board  a  registration  fee  of 
$25. 

(2)  An  applicant  who  complies  with  subsection  (1) 
shall  be  issued  a  certificate  of  registration  in  Form  1  by 
the  Board.     O.  Reg.  908/77,  s.  6. 


7. — (1)  Subject  to  subsection  (2),  the  registration  of 
a  student  for  in-service  training  shall  be  revoked  if  the 
student, 

(a)  fails  to  pass  the  examination  set  by  the 
Board  within  twelve  months  from  the  date 
of  registration ;  or 

(b)  fails,  within  thirty  days  of  being  notified  of 
failure  to  pass,  to  apply  to  retry  the  examina- 
tion by  the  Board  the  following  year. 

(2)  Where  upon  an  application  to  the  Board  it  is 
shown  that  the  failure  of  the  student  was  due 
to  his  illness  or  a  death  in  his  family,  the  Board 
shall  direct  that  his  registration  shall  not  be  revoked. 
O.  Reg.  908/77,  s.  7. 

8.  Where  the  registration  of  a  student  for  in- 
service  training  is  revoked  by  the  Board  his  agreement 
of  in-service  training  is  null  and  void.  O.  Reg. 
908/77,5.8. 

9. — (1)  The  period  of  in-service  training  of  a 
student  shall  not  be  less  than  twelve  months  and 
shall  be  under  the  supervision  of  the  Board. 

(2)  A  student  shall  not  be  employed  in  any 
additional  employment  during  the  term  of  his  in- 
service  training  other  than  with  the  funeral  director 
with  whom  he  is  employed,  except  with  the  written 
consent  of  the  funeral  director  and  the  Board. 

(3)  The  period  of  in-service  training  of  a  student 
shall  be  calculated  from  the  date  of  his  registration 
with  the  Board.     O.  Reg.  908  /77,  s.  9. 

10.  A  student  may  transfer  his  agreement  of  in- 
service  training  to  another  funeral  director  by 
means  of  Form  5  and  this  form,  together  with  an 
affidavit  of  in-service  training  in  Form  8,  shall  be 
filed  with  the  Registrar  within  fifteen  days  from  the 
date  thereof.     O.  Reg.  908  /77,  s.  10. 

11. — (1)  A  funeral  director  shall  provide  in- 
service  training  to  only  one  student  at  a  time, 
except  that  where  a  funeral  services  establishment 
has  two  or  more  funeral  directors  regularly  employed, 
the  funeral  director  may  provide  in-service  training 
to  two  students. 

(2)  A  funeral  director  with  whom  a  student  is 
employed  shall  furnish  to  the  student  upon  com- 
pletion or  assignment  of  his  in-service  agreement,  an 
affidavit  for  the  in-service  training  in  Form  9. 
O.Reg.  908/77,  s.  11. 


12. — (1)  Where  a  funeral  director  with  whom  a 
student  is  employed, 

(a)  is    absent    from    Ontario    for    more    than 
ninety  consecutive  days ; 


Reg.  399 


FUNERAL  SERVICES 


827 


(b)  becomes  bankrupt,  or  takes  the  benefit 
of  any  Act  for  the  relief  of  insolvent 
debtors ;  or 

(c)  ceases  to  operate  a  funeral  services  estab- 
lishment, 

the  agreement  of  in-service  training  between  the 
funeral  director  and  the  student  is  null  and  void. 

(2)  Where  a  funeral  director  with  whom  a  student 
is  employed  dies,  or  where  the  agreement  of  in- 
service  training  between  the  funeral  director  and  the 
student  is  null  and  void,  the  student  may  file  with 
the  Registrar  within  sixty  days  another  application 
for  in-service  training  with  another  funeral  director 
in  Form  4  together  with  an  affidavit  of  in-service 
training  under  the  original  registration  in  Form  9. 

(3)  The  Board  may  dispense  with  the  filing  of  the 
affidavit  of  in-service  training  in  Form  9,'as  required 
by  subsection  (2),  where  it  is  impractical  or  in  the 
case  of  the  death  of  the  funeral  director  impossible 
for  the  student  to  obtain  such  an  affidavit. 

(4)  Where  a  student  fails  to  file  an  application 
under  subsection  (2)  within  the  required  time,  his 
registration  shall  be  revoked  by  the  Board.  O.  Reg. 
908/77,s.  12. 


REQUIREMENTS  FOR  FUNERAL  SERVICES 
ESTABLISHMENTS 

13. — (1)  No  funeral  services  establishment  shall 
be  contained  in  or  on  the  ground  of  a  cemetery, 
columbarium,  crematorium  or  mausoleum  or  be 
operated  in  connection  therewith. 

(2)  No  funeral  services  establishment  shall  be 
constructed,  altered  or  renovated  unless  the  appli- 
cant for  a  funeral  services  establishment  licence  or 
the  holder  of  such  a  licence,  as  the  case  may  be, 
delivers  to  the  Registrar,  architectural  plans  or 
drawings  of  the  funeral  services  establishment 
showing  the  proposed  construction,  alteration  or 
renovation. 

(3)  Where  the  proposed  construction,  alteration 
or  renovation  of  a  funeral  services  establishment  is 
approved  by  the  Board,  the  Board  shall  issue  a 
certificate  of  approval  to  the  applicant. 

(4)  A  funeral  services  establishment  shall  have 
at  least  one  room,  having  an  area  of  not  less  than 
one  hundred  and  twenty  square  feet  (11.148  square 
metres)  reserved  for  the  keeping,  embalming  and 
preparation  for  burial  or  transportation  of  dead 
human  bodies  and  such  a  room  shall  be  equipped 
with, 

(a)  sanitary  drainage  or  facilities  for  disposal 
of  fluids ; 


(6)  ventilation  and  lighting ; 


(c)  sanitary  receptacles  and  conveniences ; 

(d)  embalming  instruments  and  supplies ; 

(e)  a  floor  constructed  of  or  covered  by  tile, 
concrete,  linoleum  or  other  equivalent 
covering  or  surfacing ;  and 

(/)  hot  and  cold  running  water. 

(5)  The  premises  of  a  funeral  services  establish- 
ment shall  have  a  casket  display  room  with  at  least 
eight  adult  caskets  of  different  grades  and  prices  on 
display. 

(6)  A  funeral  services  establishment  shall  have  at 
least  one  room  suitable  for  use  as  a  reception  and 
holding  area,  and  at  least  one  hearse  or  service 
vehicle  or  access  thereto. 

(7)  The  premises,  accommodation  and  equipment 
prescribed  by  subsections  (2),  (4)  and  (5)  are  subject  to 
the  approval  of  the  Board. 

(8)  The  licensee  of  the  funeral  services  establish- 
ment or  the  funeral  director  directing  the  operation 
of  the  funeral  services  establishment  shall  permit 
an  inspection  to  be  made  of  the  establishment  by  a 
public  health  inspector  or  medical  officer  of  health  in 
the  area  where  the  establishment  is  located.  O.  Reg 
908/77,  s.  13. 

14. — (1)  An  appHcant  for  a  funeral  services 
establishment  licence  shall, 

(a)  comply  with  subsections  13  (1),  (2),  (4),  (5), 
(6)  and  (7); 

(6)  file  with  the  Registrar  an  application  for  a 
funeral  services  establishment  licence  in 
Form  1 1 ; 

(c)  file  a  certificate  of  approval  of  the  proposed 
establishment  from  the  Board  with  the 
Registrar ;  and 

{d)  pay  the  Board  a  fee  of  $50. 

(2)  Notwithstanding  subsection  (1),  subsection  13 
(2)  does  not  apply  to  a  funeral  services  establishment 
operating  on  the  14th  day  of  December,  1977. 

(3)  An  application  for  renewal  of  a  funeral 
services  establishment  hcence  shall  be  made  to  the 
Registrar  in  Form  12,  on  or  before  the  1st  day  of 
December  of  the  year  preceding  the  year  in  which  the 
application  apphes,  and  shall  be  accompanied  by  the 
fee  prescribed  in  subsection  (4). 

(4)  Where  during  the  year  ending  on  the  3 1  st  day  of 
October  preceding  the  application  for  renewal  of  a 
licence,  the  funeral  services  establishment  furnished 
to  the  public  funeral  supplies  and  services  for. 


828 


FUNERAL  SERVICES 


Reg.  399 


(a)  fewer  than  twenty-six  deaths  registered  by 
the  apphcant,  the  renewal  fee  for  the 
establishment  licence  is  $25 ;  or 

(b)  twenty-six  deaths  or  more  registered  by 
the  applicant,  the  renewal  fee  for  the 
establishment  licence  is  $1  per  death 
registered. 

(5)  It  is  a  condition  of  a  funeral  services  estab- 
lishment licence  that  the  establishment  only  operate 
at  the  location  set  out  in  the  licence. 

(6)  Every  funeral  services  establishment  licence 
expires  with  the  31st  day  of  December  in  each 
year. 

(7)  An  application  for  the  renewal  of  an  annual 
licence  for  a  funeral  services  establishment  shall  be 
accompanied  by  a  current  certificate  of  inspection 
referred  to  in  subsection  13  (7). 

(8)  A  funeral  services  establishment  licence  shall  not 
be  renewed  by  the  Registrar  where  an  applicant  does 
not  meet  the  requirements  of  subsections  13  (2),  (4)  and 
(5)  and  subsection  (7).     O.  Reg.  908/77,  s.  14. 


DUTIES  AND  AUTHORITY  OF  THE   REGISTRAR 

15. — (1)  The  Registrar  shall  keep  a  register 
containing  separate  hsts  of  the  names  and  addresses 
and  the  places  of  business  or  employment  of, 

(a)  funeral  directors,  together  with  any  terms, 
conditions  or  limitations  attached  to  their 
licences ; 

(6)  registered  students;  and 

(c)  persons  to  whom  funeral  services  estab- 
lishment licences  have  been  issued  and  any 
conditions  attached  to  the  licences. 

(2)  The  Registrar  has  the  authority  of  an  inspector 
under  section  31  of  the  Act.     O.  Reg.  908/77,  s.  15. 

PROFESSIONAL   MISCONDUCT 

16.  For  the  purposes  of  the  Act,  "professional 
misconduct"  means, 

(a)  failure  by  a  funeral  director  to  abide  by 
the  terms,  conditions  or  Hmitations  of  his 
licence ; 

(6)  failure  to  maintain  the  standard  of  practice 
of  a  funeral  director ; 

(c)  failure  to  maintain  the  records  that  are 
required  to  be  kept  in  respect  of  a  funeral 
services  establishment ; 

(d)  permitting,  counselling  or  assisting  any 
person  who  is  not  licensed  under  the  Act 


to  engage  in  the  practice  of  funeral 
directing  except  as  provided  for  in  the  Act 
or  this  Regulation ; 

(e)  charging  fees  that  are  excessive  in  relation 
to  the  services  performed ; 

(/)  signing  or  issuing  a  certificate,  report  or 
similar  document  that  contains  a  state- 
ment the  funeral  director  knows  or  ought 
to  know  is  false,  misleading  or  otherwise 
improper ; 

(g)  knowingly  submitting  a  false  or  mislead- 
ing account  or  false  or  misleading  charges 
for  services  rendered ; 

(A)  failure  to  carry  out  the  terms  of  a  pre- 
arranged funeral  agreement; 

(i)  conviction  of  an  offence  that  affects  the 
fitness  of  a  funeral  director  to  engage  in 
the  practice  of  funeral  directing ; 

(j)  engaging  in  the  practice  of  funeral  directing 
while  the  ability  of  the  funeral  director  is 
impaired  by  alcohol  or  a  drug ; 

(k)  displaying  or  permitting  the  display  of 
caskets  or  other  funeral  supplies  to  be  seen 
from  the  exterior  of  the  funeral  services 
establishment  in  which  a  licensee  is  engaged 
in  the  practice  of  funeral  directing ; 

(/)  conduct  or  an  act  relevant  to  the  practice 
of  funeral  directing  that,  having  regard  to 
all  the  circumstances,  would  reasonably  be 
regarded  by  funeral  directors  as  disgrace- 
ful, dishonourable  or  unprofessional ; 

(m)  procuring  a  licence  by  fraud  or  mis- 
representation ; 

(n)  making  or  promising  of  any  payment  or 
award  by  a  funeral  director  or  by  an 
employee,  agent  or  representative  of  the 
funeral  director,  to  any  person  for  the 
purpose  of  procuring  patronage  for  the 
funeral  director  or  the  funeral  services 
establishment ; 

( 0 )  contravention  of  the  Act  or  the  regulations  or 
the  Prearranged  Funeral  Services  Af.i  or  the 
regulations  thereunder;  and 

(/))  failure  to  attend  a  continuing  education 
course  as  required  by  subsection  5  (1); 

{q)  the  providing  or  the  direction  of  the 
providing  of  funeral  services  or  funeral 
supplies  to  the  public,  other  than  in  a 
funeral  services  establishment  licensed 
under  the  Act.  O.  Reg.  908/77,  s.  16; 
O.  Reg.  817/78,  s.  2. 


Reg.  399 


FUNERAL  SERVICES 


829 


17.  The  decisions  of  the  Discipline  Committee 
shall  be  published  by  the  Board  in  its  annual 
repxirt  to  the  Minister  and  may  be  published  by 
the  Board  in  any  other  pubHcation  and  where 
a  funeral  director  has  been  found  guilty  of  pro- 
fessional misconduct  or  incompetence,  the  full  name 
and  address  of  the  funeral  director  may  be  stated  and 
a  summary  of  the  charges,  the  decision  and  the 
penalty  imposed  may  be  stated  and  the  text  or 
substance  of  any  restriction  on  the  licence  of  the 
funeral  director  or  of.  any  reprimand  may  be  added, 
but  where  a  funeral  director  has  been  found  not 
guilty  of  professional  misconduct  or  incompetence, 
the  identity  of  the  funeral  director  shall  not  be 
pubHshed  but  the  substance  of  the  proceedings  may 
be  published  without  identification  of  the  parties 
for  the  purpose  of  publishing  advice  to  the  funeral 
director  or  to  the  profession.     O.  Reg.  908  /77,  s.  17. 


18.  Every  funeral  director  who  directs  the  oper- 
ation of  a  funeral  services  establishment  shall 
maintain  books  and  records  in  which  shall  be 
recorded  at  least, 

(a)  the  name,  address,  place  of  birth,  date  of 
birth,  place  of  death,  date  of  death,  place 
of  burial  of  each  deceased  person ; 

(b)  complete  details  of  funeral  services  rendered 
and  funeral  supplies  furnished  together 
with  the  total  cost  thereof  to  the  pur- 
chaser ;  and 


(c)  the  signatures  of  the  person  or  persons 
who,  in  each  case,  authorized  the  provision 
of  such  funeral  services  and  supplies. 
O.Reg.  908/77.  s.  18. 


ADVERTISING 

19. — (1)  No  funeral  director  shall  in  his  advertis- 
ing, or  on  any  sign  on  his  premises,  include  the 
name  or  photograph  of  any  person  who  does  not 
hold  a  licence  under  this  Act. 

(2)  No  funeral  director  shall  in  his  advertising 
include  any  reference  to  price  or  conditions  of 
sale. 

(3)  No  funeral  director  shall  authorize  or  use  an 
advertisement  that  has  an  area  exceeding  500  square 
inches  (3226  square  centimetres)  other  than  a  sign 
on  his  premises  identifying  his  establishment. 

(4)  No  funeral  director  shall  make  any  false  or 
misleading  statement  in  his  advertising.  O.  Reg. 
908/77,s.  19. 

EXPENSES 

20.  Every  member  of  the  Board  appointed  under 
clause  2  (2)  (a)  of  the  Act  shall  be  paid  a  per  diem 
allowance  of  $75  and  travelling  and  living  expenses 
actually  incurred  while  engaged  upon  the  business  of 
the  Board.     O.  Reg.  908/77,  s.  20. 


Form  1 

Funeral  Services  Act 
CERTIFICATE  OF  REGISTRATION  FOR  IN-SERVICE  TRAINING 

Registration  Number    

Registration  Date         

'^  THIS  IS  TO  CERTIFY  THAT 


(name  in  full) 

of  the of 

in  the of 

registered  writh  the  Board  as  a  student. 

Date  of  in-service  training 

with 


(name  of  funeral  director) 


830  FUNERAL  SERVICES  Reg.  399 

Note  :  Your  in-service  training  commences  with  date  of  registration  with  the  Board. 


Registrar, 

Board  of  Funeral  Services 

PLEASE  CARRY  THIS  CARD  AT  ALL  TIMES 

O.  Reg.  908/77,  Form  1. 

Form  2 

Funeral  Services  Act 
APPLICATION  FOR  REGISTRATION  OF  A  STUDENT  FOR  IN-SERVICE  TRAINING 
TO  THE  BOARD  OF  FUNERAL  SERVICES: 

1 .  My  name  is 

2.  My  address  is 

3.  I   was  born  in  the    of    on  the    day 

of 19.... 

4.  I  am  in  the  employ  of ,  a  licensed  funeral  director,  of  the 

of pursuant  to  an  agreement  dated  the day  of 

19. .  . .  hereto  attached. 

5.  I  enclose  two  statements  of  good  character. 

6.  I  enclose  a  photograph  of  myself  taken  within  the  last  twelve  months. 

7.  I  enclose  the  registration  fee  of  $25. 

Affidavit  of  Applicant 


Province  of  Ontario 
To  Wit: 


I, of  the 

of   

in  the of 

make  oath  and  say: 

1.  I  am  the  apphcant  herein  for  registration  as  a  student  for  in-service  training,  and  I  signed  the 
application. 

2.  The  information  given  by  me  herein  is  true. 

Sworn  before  me  at  the 

of in  the 

of this  day  of 

,    19.... 


(signature  of  student) 


A  Commissioner,  etc. 

O.  Reg.  908/77,  Form  2. 


Reg.  399        FUNERAL  SERVICES 831 

Form  3 

Funeral  Services  Act 

STATEMENT  OF  GOOD  CHARACTER 

TO  THE  BOARD  OF  FUNERAL  SERVICES: 

I 

of 

(address  and  profession  or  occupation) 

State  That  I  Have  Known 

(name  of  applicant) 

for  a  period  of   years.    I  have  had  the  following  opportunities  of  judging  the  applicant's 

character : 


I  believe  the  applicant  to  be  a  person  of  good  character  and  a  proper  jjerson  to  be  registered  as  a  student  for 
in-service  training  with  the  Board  with  a  view  to  being  hcensed  as  a  funeral  director. 

Dated  this day  of 19 

(name) 


(address) 

Note:  This  form  is  to  be  completed  only  by  persons,  not  relatives,  who  have  known  the  applicant  for  at 
least  five  years. 

O.  Reg.  908/77.  Form  3. 

Form  4 

Funeral  Services  Act 

AGREEMENT  OF  IN-SERVICE  TRAINING 

This  agreement  of  in-service  training  made  this day  of 19 ... . 

Between  : hereinafter  called  the 

Student 
— and — 


hereinafter  called  the 
Funeral  Director 


WITNESSETH  that  the  Student  and  the  Funeral  Director  agree  as  follows : 


1.  The  Student  agrees  to  faithfully  serve  the  Funeral  Director  as  a  Student  for  in-service  training  in 
accordance  with  the  Funeral  Services  Act  and  the  regulations  thereunder  from  the  date 
hereof  until  he  is  licensed  as  a  funeral  director  or  this  agreement  is  revoked,  assigned  or  rendered 
null  and  void  under  the  regulations  made  under  the  Act. 

2.  The  Funeral  Director  agrees  to  faithfully  train  and  instruct  the  Student  in  the  practices  of  a 
funeral  director  and  to  furnish  the  Student  with  an  affidavit  of  his  service  when  the  Student  has 
complied  with  all  the  necessary  requirements  of  his  service  in  accordance  with  the  regulations. 


832 FUNERAL  SERVICES Reg.  399 

In  Witness  Whereof  the  parties  have  signed. 

Witness: 


(Funeral  Director) 


(Student) 

Note:  File  this  agreement  with  the  Registrar  of  the  Board  together  with  the  other  documents  required  by  the 
regulations  under  the  Funeral  Services  Act. 

O.  Reg.  908/77,  Form  4. 


Form  5 
Funeral  Services  Act 
ASSIGNMENT  OF  AGREEMENT  OF  IN-SERVICE  TRAINING 
The  agreement  of  in-service  training  made  between 


the  student,  of and 

(address) 

a  licensed  funeral 

director,  the  employer,  of 

(address) 

dated  the day  of ,  19. .  . .  and  the  mutual  rights,  benefits  and  obligations 

contained   therein   are  hereby   assigned   to    a  licensed   funeral  director,   of 

(address) 

Dated  this day  of 19 

In  Witness  Whereof  the  parties  have  signed. 
Witness  : 


(employer  assigning  agreement) 
(employer  to  whom  agreement  is  assigned) 


(student) 

Note:  File  this  assignment  with  the  Registrar  of  the  Board,  together  with  an  affidavit  of  in-service  training  in 
Form  8,  within  fifteen  days  from  the  date  of  the  assignment. 

O.  Reg.  908/77,  Form  5. 


Reg.  399 FUNERAL  SERVICES 833 

Form  6 

Funeral  Services  Act 

APPLICATION  FOR  LICENSING  EXAMINATION 

TO 

QUALIFY  FOR  A  FUNERAL  DIRECTOR'S  LICENCE 

TO  THE  BOARD  OF  FUNERAL  SERVICES: 


I, of 

(name  in  full)  (street  and  number) 


m 

(city,  town  or  village)  (county,  district  or  regional  municipality) 

hereby  apply  to  try  the  licensing  examination  set  by  the  Board  in  order  to  qualify  for  a  funeral  director's 
licence. 

I  have  completed  at  least  twelve  months  of  in-service  training  under  agreement. 

I  am  a  graduate  of  a  program  in  funeral  service  education  at 

I  enclose  fee  of  $75. 

Dated  at this day  of 19 

Witnessed  By: 


Address  to  which  communications  may  be  sent : 


(signature  of  applicant) 


Note  :  File  this  application  with  the  Registrar  of  the  Board  at  least  fifteen  days  before  the  date  fixed  for  the 
examination  by  the  Board. 


O.  Reg.  908/77,  Form  6. 


Form  7 

Funeral  Services  Act 

APPLICATION  TO  RETRY  EXAMINATION 
FOR  A  LICENCE  AS  A  FUNERAL  DIRECTOR 

TO  THE  BOARD  OF  FUNERAL  SERVICES: 

1 of 

(name  in  full)  (street  and  number) 

(city,  town  or  village)  (regional  municipality) 

an  in-service  training  student,  desire  to  retry  the  examination  set  by  the  Board  in  order  to  qualify  for  a 
funeral  director's  licence. 


834  FUNERAL  SERVICES  Reg.  399 

I  have  continued  to  serve  as  a  student  as  required  by  the  regulations  under  the  Funeral  Services  Act. 
I  enclose  fee  of  $25. 

Dated  at this day  of 19 ... . 

Witnessed  By: 


Address  to  which  communications  may  be  sent : 


(signature  of  applicant) 


Note:  Complete  this  application  and  file  with  the  Registrar  of  the  Board  at  least  fifteen  days  before  the 
date  fixed  for  the  examination  by  the  Board. 


O.  Reg.  908/77,  Form  7. 


Form  8 

Funeral  Services  Act 

AFFIDAVIT  OF  STUDENT  AS  TO  IN-SERVICE  TRAINING 

I 

of  the of 

in  the of ,  student 

MAKE  OATH  AND  SAY  AS  FOLLOWS: 

1.  Under  agreement  of  in-service  training  dated  the    day  of   , 

19. .  . .  and  an  assignment  or  assignments  thereof,  if  any,  I  was  employed  by  and  faithfully  and 
diligently  served  as  a  registered  student  for  the  following  funeral  director(s) : 

from to 

from to 

from to 


2.  During  the  period  of  in-service  training  I  was  not  absent  from  service  except  for  the  authorized 
annual  vacation  granted  by  the  funeral  director  with  whom  I  was  employed.  (If  any  exception 
give  particulars). 


3.  During  the  period  of  registration  as  a  student  for  in-service  training  I  was  not  engaged  in  any 
other  employment  other  than  in  the  employment  of  the  funeral  director  to  whom  I  was  employed. 
(If  any  exceptions  give  particulars). 


Reg.  399 


FUNERAL  SERVICES 


835 


4.  During  the  period  of  service  I  embalmed human  bodies. 

Sworn  before  me  at 

in  the of 

this day  of 19 . .  . 


(signature  of  student) 


A  Commissioner,  etc. 


O.  Reg.  908/77,  Form  8. 


Form  9 

Funeral  Services  Act 

AFFIDAVIT  OF  FUNERAL  DIRECTOR 
AS  TO  IN-SERVICE  TRAINING  OF  A  REGISTERED  STUDENT 


In  The  Matter  Of 
registered  student. 

I 


of  the    of    in  the 

of a  licensed  funeral  director, 

MAKE  OATH  AND  SAY  AS  FOLLOWS: 

1.  The  above-named  registered  student  was  employed  by  me  and  faithfully  and  diligently  served 

as  a  student  under  agreement  of  in-service  training  dated  the day  of 

19. .  . .  from  the day  of 19. .  . .  to  the 

day  of 19 ...  .  (or  assigned  to  me  by  assignment  dated  the day 

of 19....). 

2.  The  above-named  student  was  not  at  any  time  during  the  period  of  in-service  training  to  my 
knowledge  employed  by  any  other  person.   (If  any  exceptions  give  particulars). 


3.  During  the  period  of  in-service  training  the  student  embalmed   human 

bodies. 

4.  I  believe  this  student  to  be  a  fit  and  proper  person  to  apply  for  a  licence  as  a  funeral  director. 

Sworn  before  me  at  

in  the of 

this day  of 


A  Commissioner,  etc. 


19. 


(signature  of  Funeral  Director) 


O.  Reg.  908/77,  Form  9. 


836 


FUNERAL  SERVICES 


Reg.  399 


Form   10 

Funeral  Services  Act  .     .,,-;  -,^ 

APPLICATION  FOR  A  LICENCE  AS  A  FUNERAL  DIRECTOR 
TO  THE  BOARD  OF  FUNERAL  SERVICES: 

I Age 

of    in   the    of    

hereby  apply  for  a  licence  as  a  funeral  director  and  state  as  follows : 

1 .  I  am  a  graduate  of  a  program  in  funeral  service  education  and  attach  proof  thereof. 

2.  I  have  completed  at  least  twelve  months  of  in-service  training  under  agreement  and  attach 
copies  thereof  and  file  herewith  my  affidavit  of  in-service  training. 

3.  I  have  made  application  to  try  a  licensing  examination  set  by  the  Board. 

4.  I  have  passed  the  said  licensing  examination. 

5.  I  attach  evidence  that  I  have  embalmed  at  least  fifty  human  bodies. 

6.  I  enclose  the  licence  fee  of  $25. 


7.   I  am  at  present  employed  at 


(address  of  funeral  service  establishment) 
of Ontario,  and  the  licensee  of  the  funeral 


in  the 

service  establishment  is 

8.  I  am  at  present  not  employed  in  a  funeral  service  establishment  but  am  now  employed  at 
in  the of 

9.  I  reside  at  in  the  

of in  the  Province  of 

Note  :  Complete  item  7  or  8,  whichever  is  applicable. 

AFFIDAVIT  OF  APPLICANT 


Province  of  Ontario 
To  Wit: 


I. 


of in  the 

of in  the 

of make  oath  and  say : 

1 .  I  am  the  applicant  herein  for  a  licence  as  a  funeral  director. 

2.  The  statements  made  by  me  in  the  application  are  true. 
Sworn  before  me  at 


in  the of 

this day  of 


,19. 


(signature  of  applicant) 


A  Commissioner,  etc. 


O.  Reg.  908/77,  Form  10. 


Reg.  399 FUNERAL  SERVICES 837 

Form  11 

Funeral  Services  Act 

APPLICATION  FOR  A  FUNERAL  SERVICE'S  ESTABLISHMENT  LICENCE 

TO  THE  BOARD  OF  FUNERAL  SERVICES: 

I Age 

(name  in  full) 

of 

(city,  town  or  village)  (regional  municipality) 

apply  for  a  funeral  services  establishment  licence. 

I  intend  to  operate  a  funeral  services  establishment  at 


(street  and  number) 


(city,  town  or  village)  (regional  municipality) 

The  proposed  funeral  services  establishment  will  not  contravene  any  by-law  in  the  municipality  in  which 
the  establishment  will  be  located. 

I  reside  at   in   ,  as  aforesaid,  which 

is  distant miles  from  my  intended  place  of  business. 

The  name  of  the  licensed  funeral  director  who  will  be  directing  the  operation  of  this  funeral  service 

establishment  is 

My  premises,  accommodation  and  equipment  have  been  inspected  and  approved  by  the  Board  and  its 
certificate  of  approval  is  enclosed  herein. 

Enclosed  herein  is  a  current  certificate  of  inspection  of  my  premises  from  a  medical  officer  of  health  or  public 
health  inspector. 

I  enclose  licence  fee  of  $50. 

Schedule 

1.  Is  the  funeral  service  establishment  to  be  established,  operated  and  maintained  in  your  own 
name  ?  

2.  Under  what  name  will  the  funeral  service  establishment  be  established,  operated  or  maintained? 


3.  Have  you  a  hearse  ? 

4.  If  you  have  no  hearse,  what  arrangements  have  you  for  the  use  of  one? 

5.  Have  you  a  service  car  ? 

6.  What  other  motor  equipment  have  you  ? 

7.  How  many  adult  caskets  have  you, 

(a)  on  display 

(6)  in  stock 


838 FUNERAL  SERVICES Reg.  399 

8.  Describe  fully  your  funeral  furnishings  and  equipment : 


(a)  for  set  up  in  home 

(b)  cemetery  equipment 

9.  Describe, 

(a)  the  premises  where  the  business  is  to  be  carried  on 


(b)  the  casket  display  room  

10.  Have  you  a  chapel  or  parlour  suitable  for  funeral  services  ? 

11.  Describe  your  preparation  room, 

(a)  construction 

(b)  drainage  or  facilities  for  disposal  of  fluids 

(c)  type  of  floor  covering 

(d)  water  service 

(e)  describe  your  preparation  room  table 

AFFIDAVIT 

Province  of  Ontario  I 

To  Wit :  of in  the 

of in  the 

of make  oath  and  say : 

1.  I  am  the  applicant  herein  for  a  licence  as  a  funeral  director  and  I  signed  the  application. 

2.  The  information  given  by  me  in  the  application  and  schedule  is  true. 
Sworn  before  me  at  the 


in  the  County  of 

this day  of ,19. 


(signature  of  applicant) 


A  Commissioner,  etc.  .?■' 

Note  :  File  this  application  with  the  Registrar  of  the  Board. 

O.  Reg.  908/77,  Form  11. 


Reg.  399  FUNERAL  SERVICES  839 

Form   12 

Funeral  Services  Act 

APPLICATION  FOR  RENEWAL  OF  FUNERAL  SERVICES  ESTABLISHMENT  LICENCE 

TO  THE  BOARD  OF  FUNERAL  SERVICES: 

I 

(name  in  full)  (age)  (code  number) 

(address  of  funeral  services  establishment)                                      (city,  town,  village) 
of 


(postal  code)                                                    (County,  District) 
the  holder  of  a  funeral  services  establishment  licence  for  the  year 

1 .  Apply  for  the  renewal  thereof  and'enclose  the  renewal  fee  of  $ 

2.  The  following  students  were  employed  by  me  during  the  last  preceding  year : 

Name  of  Student  Address 


3.  During  the  last  preceding  year  I  made  the  following  improvements  or  alterations  on  my  premises 
that  were  approved  by  the  Board : 


4.  Enclosed  herein  is  a  current  certificate  of  inspection  of  my  premises  from  a  medical  officer  of  health 
or  a  public  health  inspector. 

5.  The  funeral  director  who  operates  and  maintains  this  funeral  service  establishment  is 


6.  I  employed  the  following  funeral  directors  on  a  full-time  basis: 

Name  Name 


f  The  answers  and  statements  in  the  appended  Schedule  are  true. 

I 

Dated  at this day  of 19 . . 

t  Witness  : 


(signature  of  applicant) 


840  FUNERAL  SERVICES  Reg.  399 

Schedule 

1 .  Give  name  under  which  the  funeral  service  establishment  is  operated  and  maintained 


2.  If  a  firm,  partnership  or  corporation,  give  the  name  or  names  of  the  directors  of  the  corporation: 
Name  Name 


3.  Do  you  have  any  signed  agreements  to  provide  pre-financed  funeral  services?     If  so,  are  the 

funds  held  in  accordance  with  the  Prearranged  Funeral  Services  Act? Amount  $ 

Name  the  financial  institute  holding  trust  funds 

4.  How  many  deaths  were  registered  during  the  period  between  November  1,  19.  .  to  October  31,  19. . 
by  the  establishment  for  which  you  are  the  funeral  director  ? 

5.  How  many  adult  caskets  have  you  on  display  in  the  funeral  service  establishment  ? 

Note  :     Complete  and  file  this  application  with  the  Registrar  of  the  Board. 

O.  Reg.  908/77,  Form  12. 


Form   13 

Funeral  Services  Act 

FUNERAL  DIRECTOR'S  LICENCE 

Under   the    Funeral   Services   Act    and    the    regulations,    and    subject   to    the    limitations    thereof,    this 

licence  is  issued  to of 

to  engage  in  the  practice  of  funeral  directing. 

Dated  at  Toronto,  this day  of ,  19 . . 


Registrar,  Board  of  Funeral  Services 

O.  Reg.  908/77,  Form  13. 


Reg.  399 FUNERAL  SERVICES 841 

Form  14 

Funeral  Services  Act 
FUNERAL  SERVICES  ESTABLISHMENT  LICENCE 
Under  the  Funeral  Services  Act   and   the  regulations,   and  subject  to  the   limitations  thereof,   this 

licence  is  issued  to of 

to  operate  a  funeral  service  establishment  known  as   

at   in  the   of 


This  licence  is  valid  to  and  including  the  31st  day  of  December,  19. . . 
Dated  at  Toronto,  this day  of 19 . . . 


Registrar,  Board  of  Funeral  Services 

O.  Reg.  908/77,  Form  14. 


Reg.  400 


FUR  FARMS 


843 


REGULATION  400 


under  the  Fur  Farms  Act 


GENERAL 


1. — (1)  An  application  for  a  licence  as  an  operator 
of  a  fur  farm  shall  be  made  to  the  Director  in  Form  1 . 

(2)  A  licence  as  an  operator  of  a  fur  farm  shall 
be  in  Form  2. 

(3)  The  fee  for  a  licence  in  Form  2  is  $10. 

(4)  Except  as  otherwise  provided  therein,  a 
licence  in  Form  2  expires  with  the  last  day  of  February 
next  following  the  date  on  which  it  becomes  effective. 

(5)  A  licence  in  Form  2  is  not  transferable. 

O.  Reg.  2SS/72,  s.  1. 

2. — (1)  Subject  to  subsection  (2),  an  operator  of  a 
fur  farm  shall,  prior  to  the  15th  day  of  Februarv'  in 
every  year,  submit  to  the  Director  a  Fur  Farm  Report 
in  Form  3. 

(2)  Where  a  person  ceases  to  be  the  operator 
of  a  fur  farm  he  shall, 

(a)  surrender  his  licence ;  and 

(b)  submit  the  Fur  Farm  Report, 

to  the  Director  within  ten  days  after  the  date  on 
which  he  ceases  to  be  the  operator  of  the  fur  farm. 
O.Reg.  255/72.  s.  2. 


3.  Every  operator  of  a  fur  farm  shall  make  and 
keep  records  containing  such  details  of  his  operation 
as  are  required  for  the  completion  of  the  Fur  farm 
Report  in  Form  3.     O.  Reg.  255  /72.  s.  3. 

4. — (1)  A  permit. 

(a)  to  take  or  ship,  or  cause  to  be  taken  or 
shipped,  from  a  fur  farm  to  a  point  outside 
Ontario ; 

(b)  to  take  or  ship,  or  cause  to  be  taken  or 
shipped,  from  a  fur  farm  to  a  point  within 
Ontario ;  or 

(c)  to  send,  or  cause  to  be  sent,  from  a  fur  farm 
to  a  tanner  or  taxidermist  for  tanning, 
plucking  or  treating  in  any  way, 

a  fur-bearing  animal  or  jjelt  shall  be  in  Form  4. 

(2)  A  permit  in  Form  4  expires  with  the  seventh 
day  after  the  date  on  which  it  is  issued.     O.  Reg. 

255/72.S.  4. 

5.  The  following  animals  are  declared  to  be  fur- 
bearing  animals  for  the  purposes  of  the  Act : 


1.  Lynx. 


O.  Reg.  722/78,  s.  1. 


Form  1 


Fur  Farms  Act 

APPLICATION  FOR  LICENCE 
AS  AN  OPERATOR  OF  A  FUR  FARM 


To:  The  Director,  Veterinary  Services  Branch, 
Ministry  of  Agriculture  and  Food, 
Legislative  Buildings, 
Toronto,  Ontario. 


(name  of  corporation,  partnership  or  f)erson) 


(address) 

applies  for  a  licence  as  an  operator  of  a  fur  farm  under  the  Fur  Farms  Act  and  the  regulations  and,  in  support  of 
this  application,  the  following  facts  are  stated: 

A.    To   BE   COMPLETED   BY   ALL   APPLICANTS 

1 .  Name  of  fur  farm : 

2.  Location  of  fur  farm :    Lot  No 

Concession  No Townshipi 

County  or  District 


844 


FUR  FARMS 


Reg.  400 


3.  Applicant  is:         Owner     (     )  tenant     (     )         of  land. 

4.  Name  of  manager  of  fur  farm Telephone  No.. 

5.  Licence  No.  for  previous  year: 

6.  If  partnership,  names  of  partners: 


7.  Number,  species  and  genetic  type  of  fur-bearing  animals  in  pens  on  January  1st  or  as  otherwise  stated : 
Number  Species  'Ji^H^  m->  Genetic  Type 


B.    To   BE  COMPLETED  BY  APPLICANT  NOT  LICENSED  FOR  PREVIOUS  YEAR: 

1 .  How  were  fur-bearing  animals  obtained  ? 


2.    If  fur-bearing  animals  were  trapped  in  the  wild  state  by  applicant  and  transferred  to  the  fur  farm, 
was  written  authority  obtained  under  section  67  of  the  Game  and  Fish  Act?   


3.   Particulars  of  purchases  of  fur-bearing  animals : 
Date  Vendor 

Day        Month       Year  Name  Address 


No. 


Description 

Species  Genetic  Type 


4.  Were  fur-bearing  animals  kept  on  your  premises  since  date  of  purchase  ? 

If  not,  give  particulars  of  owner  of  premises  where  they  were  kept : 

Name  Address 


(signature) 


Dated  at this. 


(title) 
.day  of 


19. 


O.  Reg.  255/72,  Form  1. 


Reg.  400 


FUR  FARMS 


845 


Form  2 

Fur  Farms  Act 
LICENCE  AS  AN  OPERATOR  OF  A  FUR  FARM 

LICENCE  NO 

Under  the  Fur  Farms  Act   and  the  regulations,   and  subject  to  the  limitations  thereof,  this  licence 
is  issued  to: 


(name) 


(address) 
to  be  the  operator  of  a  fur  farm  on  premises  known  as .  .  . 


This  licence  becomes  effective  on  the 

the day  of  February,  19 

Dated  at  Toronto,  this day  of. 


(name  of  fur  farm) 
.day  of 19 and  expires  with 


19. 


Director,  Veterinary  Services  Branch 

O.  Reg.  255/72,  Form  2. 


Form  3 

Fur  Farms  Act 
FUR  FARM  REPORT 
This  report  is  made  under  the  Fur  Farms  Act  and  the  regulations  for 


(name  of  fur  farm) 


for  the  period  from  January  1st  to  December  31st,  19 

Name  of  Operator , 

Address Licence  No. 


Species 


1.  Animals  on  Hand 
(including  boarders) 
at  the  beginning  of  period : 


2.  Live  animals  received  during  period: 


Purchased  or  received 
by  trade : 

(b) 


Born  on  farm 
during  period : 

(<| 


846 


FUR  FARMS 


Reg.  400 


Species 


3.   Live  Animals  Removed  or 
Disposed  of  During  Period: 

Sold  Killed  for  Pelts 

or  or 

Traded  Died  and  Pelted 


(d) 


Died  (Not  Pelted) 

or 

Escaped 

(i) 


4.  Animals  on  Hand 
(including  boarders) 
at  end  of  period : 


(g) 


5.  Details  of  Purchases  (live  animals) : 
(as  shown  in  column  b) 


Date 
Day       Month       Year 


Vendor 


Name 


Address 


No. 


Species  Genetic  Type 


6.  Details  of  Sales  (live  animals) : 


(as  shown  in  column  d) 

Date 
Day       Month       Year 

Purchaser 
Name           Address 

No. 

Species 

GeneticType  Permit  No. 

7.  Details  of  Boarders : 


Owner 


Name 


Address 


No. 


Species 


8.  Details  of  Animal  Deaths : 


i."'  ! 


Month  of 
Death 


Cause  of  Death 
(if  known) 


No. 


Species 


Reg.  400 


FUR  FARMS 


847 


9.  Raw  Furs  Sold  or  Disposed  of  During  Period : 
(including  pelts  shipped,  whether  sold  or  not) 


Day 


Date 

Month       Year 


Sold  or 
Shipped  To 


No. 


Spjecies 


Permit  No. 


10.  Type  of  Pelts  Taken  From  Mink  During  Period : 
Description  of  Colour  Type 


No. 


TOTAL  PELTS 


(signature) 
(title) 


Dated  at .this. 


,  day  of. 


,19 

O.  Reg.  255/72.  Form  3. 


848  FUR  FARMS  Reg.  400 

Form  4 

Fur  Farms  Act 

FUR  FARM  OPERATOR'S  PERMIT  FOR  EXPORT  OR  TRANSPORTATION 
19 PERMIT  NO 


Under  the  Fur  Farms  Act   and  the  regulations,   and  subject  to  the  limitations  thereof,   this  permit 

is  issued  to of ,  the  holder  of  Licence  No as  an  operator  of  a  fur  farm, 

(name)  (address) 

*strike  out    *  {a)  to  take  or  ship,  or  cause  to  be  taken  or  shipped,  from  his  fur  farm  to  a  point  outside  Ontario ; 
if  not 
applicable  OR 

*strike  out    *  (b)  to  take  or  ship,  or  cause  to  be  taken  or  shipped,  from  his  fur  farm  to  a  point  within  Ontario ; 
if  not 
appliable  OR 

*strikeout    *  (c)  to  send,  or  cause  to  be  sent,  from  his  fur  farm  to  a  tanner  or  taxidermist, 
if  not 
applicable 

the  following  fur-bearing  animals  or  pelts : 

Species  No.  of  Live  Animals  No.  of  Pelts 


Name  of  Carrier : 

Name  and  Address  of  Consignee,  Tanner  or  Taxidermist: 


(name)  (address) 

This  permit  expires  with  the  seventh  day  after  the  date  on  which  it  is  issued. 


Director,  Veterinary  Services  Branch 

Date  of  Issue : 

Signature  of  Operator  of  Fur  Farm : 

Way-bill  No. : Date : Place : 

Signature  of  Carrier's  Agent : 

O.  Reg.  255/72,  Form  4. 


Reg.  401  GAME  AND  FISH  849 

REGULATION  401 

under  the  Game  and  Fish  Act 
ANIMALS  DECLARED  TO  BE  FUR-BEARING  ANIMALS 
1.  The  following  animals  are  declared  to  be  fur-bearing  animals: 

1.  Taxidea  taxits,  commonly  known  as  badger. 

2.  Lynx  rufus,  commonly  known  as  bobcat. 

3.  Bison  americanus ,  commonly  known  as  buffalo. 

4.  Canis  lupus  L.,  commonly  known  as  wolf. 

5.  Canis  latrans  Say,  commonly  known  as  coyote. 

6.  Any  hybrid  of  Canis  lupus  L.  and  Canis  latrans  Say. 

7.  Polar  bears.     R.R.O.  1970,  Reg.  358,  s.  1;  O.  Reg.  115/71,  s.  1;  O.  Reg.  814/74,  s.  1;  O.  Reg.  662/79, 
s.  1;  O.  Reg.  242/80,  s.  3. 


Reg.  402 


GAME  AND  FISH 


851 


REGULATION  402 


under  the  Game  and  Fish  Act 


AYLMER  LAGOON  HUNTING  AREA 

1.  The  lands  in  respect  of  which  an  agreement  has 
been  entered  into  under  section  6  of  the  Act  and 
described  in  the  Schedule  are  designated  in  accordance 
with  paragraph  33  of  section  92  of  the  Act.  O.  Reg. 
876/78,  s.  1. 

2.  Except  as  provided  in  this  Regulation,  no 
person  shall  hunt  any  animal  or  bird  in  the  area 
described  in  the  Schedule.     O.  Reg.  876/78,  s.  2. 

3.  The  holder  of  a  licence  in  Form  5  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1980,  may  hunt 
ducks,  geese,  rails,  coots,  snipe  and  gallinules  on  any 
day,  except  Sunday,  during  the  open  season  therefor  in 
any  year  during  the  hours  between  one-half  hour 
before  sunrise  and  one-half  hour  after  sunset  in  the 
area  described  in  the  Schedule,  upon  condition  that, 

(a)  he  parks  his  motor  vehicle  in  an  area 
designated  as  a  parking  area ; 

(b)  he  hunts  only  within  a  radius  of  thirty 
feet  from  a  blind  supplied  by  the  Ministry 
of  Natural  Resources  and  marked  with  the 
number  of  the  area  in  which  his  motor 
vehicle  is  parked ; 


(c)  the  area  from  which  he  hunts  is  occupied 
by  not  more  than  one  other  person;  and 

{d)  he  keeps  his  firearm  unloaded  and  encased 
except  while  occupying  a  hunting  area. 
O.  Reg.  876/78,  s.  3;  O.  Reg.  802/80,  s.  1. 

Schedule 

All  that  parcel  or  tract  of  land  in  the  Town  of 
Aylmer  in  the  County  of  Elgin  and  being  composed  of 
part  of  lots  76,  77  and  78  in  the  said  Town  of  Aylmer 
containing  an  area  of  106  acres,  more  or  less,  described 
as  follows: 

Premising  that  the  bearings  hereinafter  mentioned 
are  astronomical:  Beginning  at  a  point  in  the 
easterly  limit  of  said  Lot  78  distant  1,650  feet 
measured  southerly  along  that  easterly  lot  from  the 
northeasterly  corner  thereof;  thence  west  astrono- 
mically 1,311.5  feet  to  the  easterly  limit  of 
Lot  77;  thence  northerly  along  that  easterly  limit 
138.5  feet;  thence  north  84°  53'  west  1,338.4  feet 
to  the  easterly  limit  of  Lot  76;  thence  southerly 
along  that  easterly  limit  367.5  feet ;  thence  west 
astronomically  689.5  feet ;  thence  south  astrono- 
mically 1,244.9  feet,  thence  east  astronomically 
3,395.8  feet,  more  or  less,  to  the  easterly  Hmit  of 
said  Lot  78;  thence  northerly  along  the  easterly 
limit  of  the  said  Lot  1,351.1  feet,  more  or  less,  to 
the  place  of  beginning.     O.  Reg.  876/78,  Sched. 


Reg.  403  GAME  AND  FISH  853 

REGULATION  403 

under  the  Game  and  Fish  Act 

BAG  LIMIT  FOR  BLACK  BEAR 

L — (1)  In  this  Regulation  "hunting  in  a  party"  means  hunting  in  a  party  of  two  or  more  persons  who  have 
agreed  to  hunt  co-operatively  during  a  period  in  an  area  that  can  reasonably  be  hunted  by  such  persons  during  the 
period  so  that  the  intended  objective  of  the  hunt  can  be  achieved. 

(2)  Subsection  (1)  does  not  apply  to  the  hunting  of  moose  or  deer.     O.  Reg.  319/80,  s.  1. 

2.  Subject  to  section  4,  black  bear  may  be  hunted  by  a  person  hunting  in  a  party  during  the  open  season 
therefor  in  any  part  of  Ontario.     O.  Reg.  319/80,  s.  2. 

3.  Subject  to  section  4,  no  person  shall  during  the  open  season  therefor  take  or  possess  more  than  one  black 
bear  under  a  licence  to  hunt  black  bear.     O.  Reg.  319/80,  s.  3. 

4.  Where  two  or  more  persons  who  each  hold  a  valid  licence  to  hunt  black  bear  are  hunting  in  a  party  for 
black  bear,  any  one  of  such  persons  may  take  or  possess  the  number  of  black  bear  that  is  equal  to  the  number  of 
licences  to  hunt  black  bear  held  by  the  persons  in  the  party,  but  the  total  number  of  black  bear  taken  or  possessed 
by  the  persons  hunting  in  a  party  shall  not  exceed  the  total  number  of  licences  to  hunt  black  bear  held  by  such 
persons.     O.  Reg.  319/80,  s.  4. 


Reg.  404 


GAME  AND  FISH 


855 


REGULATION  404 


under  the  Game  and  Fish  Act 


BOBWHITE  QUAIL,  WILD  TURKEY  AIVD 
PHEASANT— PROPAGATION  AND  SALE 

1. — (1)  A  licence  to  propagate  or  sell  game  birds 
or  possess  game  birds  for  propagation  or  sale  shall 
be  in  Form  1  and  shall  be  valid  for  the  species 
designated  therein. 

(2)  An  application  for  a  licence  in  Form  1  shall 
be  in  Form  2. 

(3)  A  licence  in  Form  1  expires  with  the  31st 
day  of  March  next  following  the  date  of  issue. 

(4)  The  fee  for  a  licence  in  Form  1  is  $10.  R.R.O. 
1970,  Reg.  357,  s.  1. 

2.  No  person  shall  sell,  offer  for  sale  or  be  concerned 
in  the  sale  of, 

(a)  a  bobwhite  quail  or  a  bobwhite  quail  egg;  or 

(b)  a  wild  turkey  or  a  wild  turkey  egg, 

except  to  the  holder  of  a  licence  in  Form  1  or  the  holder 
of  a  licence  to  own  or  operate  a  game  bird  hunting 
preserve.     O.  Reg.  919/80,  s.  2. 

3.  Subject  to  section  5,  no  person  shall  sell, 
offer  for  sale  or  be  concerned  in  the  sale  of  a 
pheasant  that  does  not  have  attached  to  the 
underside  of  a  wing  a  serially  numbered  seal  or  tag 
furnished  by  the  Ministr>-  of  Natural  Resources  to  the 
holder  of  a  licence  in  Form  1.  R.R.O.  1970,  Reg. 
357,  s.  3. 

4.  Where  a  pheasant  does  not  have  attached  to  the 
underside  of  a  wing  a  seal  or  tag  furnished  by  the 
Ministry  of  Natural  Resources,  the  holder  of  a  licence 
in  Form  1  shall,  before  selling  the  pheasant,  attach  to 
the  underside  of  a  wing  of  the  pheasant  a  seal  or  tag 
furnished  by  the  Ministry  of  Natural  Resources  to 
him.     R.R.O.  1970,  Reg.  357,  s.  4. 

5.  Sections  3  and  4  do  not  apply  to  a  pheasant 
that  is, 

(a)  less  than  seven  weeks  of  age ; 

(b)  sold  to  the  holder  of  a  licence  in  Form  1 
or  a  licence  to  own  or  operate  a  game 
bird  hunting  preserve ; 

(c)  sold  for  release  for  hunting  purposes ;  or 

{d)  sold  in  a  dressed  condition  and  in  an 
individual  container  or  package  that  clearly 


exhibits  the  name  and  address  of  the  licensee 
who  propagated  the  pheasant.  R.R.O. 
1970,  Reg.  357,  s.  5. 

6.  The  fee  payable  for  each  seal  or  tag  that  is  fur- 
nished by  the  Ministry  of  Natural  Resources  to  the 
holder  of  a  licence  in  Form  1  is  5  cents.  R.  R. O.  1 970, 
Reg.  357,  s.  6. 

7.  Any  person  may  kill  pheasant  propagated  or 
sold  by  the  holder  of  a  hcence  in  Form  1  at  any 
time  by  any  method  other  than  by  shooting. 
R.R.O.  1970,  Reg.  357.  s.  9. 


Form  1 

Game  and  Fish  Act 


No. 


19. 


LICENCE  TO  PROPAGATE  OR  SELL  GAME 

BIRDS  OR  POSSESS  GAME  BIRDS 

FOR  PROPAGATION  OR  SALE 

Under  the  Game  and  Fish  Act  and  the  regulations, 
and  subject  to  the  limitations  thereof,  this  licence  is 
granted 


to 


of  

to  propagate  or  sell  or  possess  for  propagation  or  sale: 

*bobwhite  quail 

*wild  turkey 

*pheasant 

This  licence  expires  with  the  31st  day  of  March  next 
following  the  date  of  issue. 


(signature  of  issuer) 


(date) 

^Strike  out  if  not  applicable. 

O.  Reg.  919/80,  s.  i,part. 


856 


GAME  AND  FISH 


Reg.  404 


Form  2 

Game  and  Fish  Act 

APPLICATION  FOR  A  LICENCE  TO 

PROPAGATE  OR  SELL  GAME 

BIRDS  OR  POSSESS  GAME  BIRDS 

FOR  PROPAGATION  OR  SALE 

Under  the  Game  and  Fish  Act  and  the  regulations, 
and  subject  to  the  limitations  thereof, 


of 


(print  full  name,  surname  preceding) 


(post  office  address) 


makes  application  for  a  licence  to  propagate  or  sell 
bobwhite  quail,  wild  turkey  and  pheasant. 

*L  If  engaged  in  propagating  *  bobwhite  quail, 
*wild  turkey  and  *pheasants,  describe  lands  on  which 
game  birds  are  propagated: 

(part)  Lot Concession  or  Plan 

in  the of  

County  etc.,  of and  more  particularly 

described   in   instrument  No for   the 

of  registered  in  the  Land  Registry 

Office  for  the  *(Registry)  *(Land  Titles)  Division  of 


*2.  If  engaged  in  importing  *bobwhite  quail,  *wild 
turkey  and  *  pheasants  for  sale,  state  address  at  which 
game  birds  are  to  be  kept  pending  sale: 


*3.  If  engaged  in  selling  *bobwhite  quail,  *wild  tur- 
key and  *pheasants  that  have  been  purchased  in 
Ontario,  not  for  the  purpose  of  propagation,  state  the 
address  at  which  the  game  birds  are  to  be  kept  pending 
sale: 


*4. — (i)  Estimated  number  of  bobwhite  quail  to  be 
hatched   during   the   term   of  the   licence 


(ii)  Estimated  number  of  bobwhite  quail  to  be 
imported  during  the  term  of  the  licence 


(iii)  Estimated  number  of  bobwhite  quail  to 
be   sold   during   the   term   of  the   licence 


"5. — (i)  Estimated   number  of  wild  turkey  to  be 
hatched   during  the  term  of  the  licence 


(ii)  Estimated  number  of  wild  turkey  to  be 
imported  during  the  term  of  the  licence 


(iii)  Estimated  number  of  wild  turkey  to  be 
sold    during    the    term     of    the    licence 


*6. — (i)  Estimated    number    of   pheasants    to    be 
hatched   during   the   term   of  the   licence 


(ii)  Estimated    number    of    pheasants    to    be 
imported  during  the  term  of  the  licence 


(iii)  Estimated    number    of    pheasants    to    be 
sold    during    the    term    of    the     licence 


7.  Number  of  seals  or  tags  required 

Dated  at in  the 

of this day  of 19.  .. 


(signature  of  applicant) 
*Strike  out  if  not  applicable. 

O.  Reg.  919/80,  s.  2,,  part. 


Reg.  405 


GAME  AND  FISH 


857 


REGULATION  405 


under  the  Game  and  Fish  Act 


BOWS  AND  ARROWS 

1.  No  person  shall  hunt  deer  with,  or  have  in  his 
possession  while  hunting  deer, 

(a)  a  crossbow  that  has  a, 

(i)  draw  length  of  less  than  300  mil- 
limetres, or 

(ii)  draw  weight  of  less  than  forty-five 
kilograms  at  the  draw  length  distance 
measured  from  the  point  of  string  rest 
to  the  release  latch  mechanism; 

(b)  a  long-bow  that  has  a  draw  weight  of  less  than 
eighteen  kilograms  measured  at  a  draw  length 
of  700  millimetres  or  less; 

(c)  an  arrow  that, 

(i)  is  less  than  600  millimetres  in  length, 

(ii)  has  a  head  that  is  less  than  twenty-two 
millimetres  at  the  widest  part  thereof, 
or 

(iii)  has  a  head  that  has  less  than  two  cut- 
ting edges  that  are  sharp,  unserrated, 
barbless,  straight  and  made  of  steel;  or 

id)  a  bolt  that  has  a  head  that, 

(i)  is  less  than  twenty-two  millimetres  at 
the  widest  part  thereof,  or 

(ii)  has  less  than  two  cutting  edges  that  are 
sharp,  unserrated,  barbless,  straight 
and  made  of  steel.  O.  Reg.  716/79, 
s.  1. 


2.  No  person  shall  hunt  moose  or  bear  with,  or  have 
in  his  possession  while  hunting  moose  or  bear, 

(a)  a  crossbow  that  has  a, 

(i)  draw  length  of  less  than  300  mil- 
limetres, or 

(ii)  draw  weight  of  less  than  fifty-four 
kilograms  at  the  draw  length  distance 
measured  from  the  point  of  string  rest 
to  the  release  latch  mechanism; 

(b)  a  long-bow  that  has  a  draw  weight  of  less  than 
twenty-two  kilograms  measured  at  a  draw 
length  of  700  millimetres  or  less; 

(c)  an  arrow  that, 

(i)  is  less  than  600  millimetres  in  length, 

(ii)  has  a  head  that  is  less  than  twenty-two 
millimetres  at  the  widest  part  thereof, 
or 

(iii)  has  a  head  that  has  less  than  two  cut- 
ting edges  that  are  sharp,  unserrated, 
barbless,  straight  and  made  of  steel;  or 

(d)  a  bolt  that  has  a  head  that, 

(1)  is  less  than  twenty-two  millimetres  at 
the  widest  part  thereof,  or 

(ii)  has  less  than  two  cutting  edges  that  are 
sharp,  unserrated,  barbless,  straight 
and  made  of  steel.  O.  Reg.  716/79, 
s.  2. 


Reg.  406 


GAME  AND  FISH 


859 


REGULATION  406 


under  the  Game  and  Fish  Act 


BULLFROGS 


1.^(1)  A  licence  issued  for  a  resident  to  take 
bullfrogs  for  the  purpose  of  sale  or  barter  shall  be 
in  Form  2  and  the  fee  therefor  is  $25. 

(2)  A  licence  in  Form  2  is  valid  only  in  the  part  or 
parts  of  Ontario  prescribed  in  the  licence.     O.  Reg. 

576/76,  s.  1  (1). 

(3)  An  application  for  a  licence  in  Form  2  shall  be  in 
Form  1.     R.R.O.  1970,  Reg.  359,  s.  1  (2). 

(4)  A  licence  in  Form  2  expires  with  the  15th  day  of 
October  next  following  the  date  of  issue.  O.  Reg. 
576/76,  s.  1  (2). 

2.  Bullfrogs  may  be  taken  from  the  1st  day  of 
July  to  the  15th  day  of  October,  both  inclusive,  in 
any  year.     R.R.O.  1970,  Reg.  359,  s.  2. 


3. — (1)  Subject  to  subsection  (2),  no  person  other 
than  the  holder  of  a  licence  in  Form  2  shall  take  more 
than  fifteen  bullfrogs  in  a  day  or  possess  more  than 
fifteen  bullfrogs  at  one  time.     O.  Reg.  576/76,  s.  2. 

(2)  Subsection  (1)  does  not  apply  to  the  possession  of 
bullfrogs  purchased  from  the  holder  of  a  licence  in 
Form  2.     R.R.O.  1970,  Reg.  359,  s.  3  (2). 

4.  The  holder  of  a  licence  in  Form  2  shall  make  a 
return  in  Form  3  and  send  it  by  registered  mail  on  or 
before  the  30th  day  of  November  in  each  year  to  the 
district  manager  of  the  administrative  district  of  the 
Ministry  of  Natural  Resources  in  which  the  licence 
was  issued.     O.  Reg.  576/76,  s.  3. 


5.  This  Regulation  applies  to  all  parts  of  Ontario. 
O.  Reg.  576/76,  s.  4. 


Fornn  1 

Game  and  Fish  Act 

APPLICATION  FOR  A  LICENCE  TO  TAKE 
BULLFROGS  FOR  SALE  OR  BARTER 

Under  the  Game  and  Fish  Act  and  the  regulations  and  subject  to  the  limitations  thereof, 

Please  Print  Name : 

(Surname)  (Given  Names) 

Address : 

(Number)  (Street)  (City /Town,  etc.)  (Province)  (Postal  Code) 

makes  application  for  a  licence  to  take  bullfrogs  for  sale  or  barter  in  the  County /District  of 

•  M^!*f 


Date  of  Application 
Day           Month          Year 

Completed  at  (specify — Township,             Signature  of  Applicant 
District,  County,  City,  etc.) 

O.  Reg.  576/76,  s.  S,  part. 


860 


GAME  AND  FISH 


Reg.  406 


Form  2 

Game  and  Fish  Act 

LICENCE  TO  TAKE  BULLFROGS 
FOR  SALE  OR  BARTER 

19.... 


No. 


Licence  Fee  $25.00 

Under  the  Game  and  Fish  Act  and  the  regulations  and  subject  to  the  Umitations  thereof,  this  licence  is 
granted  to: 


Name 


Address 


to  take  bullfrogs  for  sale  or  barter,  in  the  County /District  of. 


This  licence  expires  with  the  15th  day  of  October  next  following  the  date  of  issue. 


Signature  of  Issuer 

District  Office 

Date 

The  licensee  is  required  to  submit  an  Annual  Return  to  the  District  Office  in  which  the  licence  was  issued. 

0.  Reg.  576/76,  s.  5,  part. 


Please  Print: 


Form  3 

Game  and  Fish  Act 

ANNUAL  RETURN  BY  THE  HOLDER  OF  A 

LICENCE  TO  TAKE  BULLFROGS 

FOR  SALE  OR  BARTER 


Name  of  Licensee 

Address  of  Licensee 

'.'in-,;.<t. i  ,;..    . 

Licence  No. 

Licence  Expires  October  15th,  19. .  . . 

Reg.  406 


GAME  AND  FISH 


861 


Number  of 
Bullfrogs  Taken 

Number  Actually 
Killed 

Location — Marsh,  Township,  County /District 

Sales  of  Bullfrogs: 


Date 

To  Whom  Sold 

Number  Sold  for 
Human  Consumption 

Number  Sold  to 
Biological  Supply  House 

Comments: 


I  certify  that  the  foregoing  information  is  true 

Signature  of  Licensee 

Date 

Annual  Return  must  be  submitted  on  or  before  November  30th  of  year  in  which  licence  was  issued. 
O.  Reg.  576/76,  s.  6. 


Reg.  407 


GAME  AND  FISH 


863 


REGULATION  407 

under  the  Game  and  Fish  Act 


CAMDEN  LAKE  HUNTING  AREA 

1.  The  Crown  lands  described  in  the  Schedule 
are  designated  in  accordance  with  paragraph  35  of 
section  92  of  the  Act.     O.  Reg.  641/75,  s.  1. 

2.  Except  as  provided  in  this  Regulation,  no 
person  shall  hunt  any  animal  or  bird  in  the  area 
described  in  the  Schedule.     O.  Reg.  641  /75,  s.  2. 

3.  The  holder  of  a  licence  in  Form  5  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1980  may  hunt 
ducks,  rails,  coots  and  gallinules  on  a  Monday,  Wed- 
nesday, Friday  or  Saturday  during  the  open  season 
therefor  in  any  year  during  the  hours  between  one-half 
hour  before  sunrise  and  one-half  hour  after  sunset  in 
the  area  described  in  the  Schedule,  upon  condition 
that, 

(a)  he  parks  his  motor  vehicle  in  an  area 
designated  as  a  parking  area ; 

{b)  he  hunts  only  within  a  radius  of  thirty 
feet  from  a  stake  planted  and  marked  by 
an  officer  of  the  Ministry  of  Natural 
Resources  with  the  number  of  the  area 
in  which  his  motor  vehicle  is  parked; 

(c)  the  area  from  which  he  hunts  is  occupied 
by  not  more  than  one  other  person ; 

{d)  he  keeps  his  firearm  unloaded  and  encased 
except  while  occupying  a  hunting  area; 
and 

(e)  he  enters  and  leaves  the  lands  described 
in  the  Schedule  through  the  area  designated 
as  a  parking  area.  O.  Reg.  641/75,  s.  3; 
O.  Reg.  611/78,  s.  1;  O.  Reg.  799/80,  s.  1. 


Schedule 

All  and  Singular  that  certain  parcel  or  tract  of 
land  situate,  lying  and  being  in  the  Township  of 
Camden  East  in  the  County  of  Lennox  and  Addington, 
and  being  composed  of  the  following  parcels  of  land: 

Parts  2,  3  and  7  according  to  Plan  R-72 

Parts  2,  3,  4,  5,  6  and  7  according  to  Plan  R-73 

Parts  1,  2  and  3  according  to  Plan  R-80 

Parts  4,  5,  6  and  8  according  to  Plan  R-121 

Parts  2,  3,  6,  7.  8,  9.  10,  11,  13,  15,  16.  17.  18,  19.  20, 
22,  23  and  24  according  to  Plan  R-103 

Saving  and  excepting  therefrom  that  part  of  Part  3 
according  to  Plan  R-72  deposited  in  the  Land  Registry 
Office  for  the  Registry  Division  of  Lennox  (No.  29) 
described  as  follows: 

Beginning  at  an  iron  bar  planted  on  the  line  between 
lots  35  and  36  in  Concession  VI  distant  51  feet 
measured  northerly  along  that  line  from  the  normal 
ordinary  water's  edge  of  Camden  Lake ; 


Thence  north  34°  15'  30'  west  449.75  feet 
Thence  north  51°  10'  30'  east  194.63  feet 
Thence  south  31°  33'  20*  east  401.78  feet 


Thence  south  35°  41'  10'  west  186.36  feet  more  or  less 
to  the  place  of  beginning. 

Together  with  the  land  and  lands  covered  by  the 
waters  of  Camden  Lake  lying  below  the  normal 
water's  edge  of  the  said  lake.  O.  Reg.  641  /75, 
Sched. 


I  ft'? 


■:f^. 


Reg.  408 


GAME  AND  FISH 


865 


REGULATION  408 

under  the  Game  and  Fish  Act 


COPELAND  FOREST  HUNTING  AREA 

1.  The  Crown  lands  described  in  the  Schedule  are 
designated  in  accordance  with  paragraph  33  of  section 
92  of  the  Act.     O.  Reg.  645/80,  s.  1. 

2. — (1)  The  provisions  of  sections  7,  8  and  9  of 
Regulation  428  of  Revised  Regulations  of  Ontario, 
1980  apply  to  the  hunting  of  deer  in  the  area  described 
in  the  Schedule.     O.  Reg.  645/80,  s.  2  (1). 

(2)  The  bag  and  possession  limits  for  rabbits  and 
squirrels  prescribed  by  the  regulations  apply  to  the 
hunting  of  rabbits  and  squirrels  in  the  area  described 
in  the  Schedule.     O.  Reg.  645/80,  s.  2  (2),  revised. 

(3)  The  bag  and  possession  limits  for  game  birds 
prescribed  by  the  regulations  apply  to  the  hunting  of 
game  birds  in  the  area  described  in  the  Schedule. 

O.  Reg.  645/80,  s.  2  (3),  revised. 

3.  Except  as  provided  in  this  Regulation,  no  person 
shall  hunt  in  the  area  prescribed  in  the  Schedule. 

O.  Reg.  645/80,  s.  3. 

4.  The  holder  of  a  licence  in  Form  5  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1980  may  hunt 
fox,  wolf,  game  birds,  rabbits,  raccoon  and  squirrel, 
other  than  red  squirrel  and,  subject  to  the  Migratory 
Birds  Convention  Act  (Canada)  and  the  regulations 
made  thereunder,  may  hunt  ducks,  geese,  rails,  coots, 
woodcock,  Wilson's  snipe  and  gallinules  in  any  year  on 
any  day,  except  Sunday,  during  the  open  season 
therefor  from  the  15th  day  of  September  to  the 
Saturday  preceding  the  second  Monday  in  November, 
both  inclusive,  and  from  the  1st  day  of  December  to 
the  second  Saturday  in  December,  both  inclusive,  in 
the  area  described  in  the  Schedule  if  he  parks  his  motor 
vehicle  in  an  area  designated  as  a  parking  area  by  an 
officer  of  the  Ministry  of  Natural  Resources.  O.  Reg. 
645/80,  s.  4. 

5. — (1)  Subject  to  subsections  (2)  and  (3),  the  holder 
of  a  licence  in  Form  1  or  2  of  Regulation  420  of  Revised 
Regulations  of  Ontario,  1980  may  hunt  deer  in  any 
year  on  any  day,  except  Sunday,  from  the  second 
Monday  in  November  to  the  last  day  of  November, 
both  inclusive,  in  the  area  described  in  the  Schedule  if, 

(a)  twenty-five  or  more  deer  in  the  aggregate 
have  not  been  taken  from  the  area  or  any  part 
thereof  described  in  the  Schedule  during  the 
aforementioned  period  or  part  thereof; 

ib)  his  name  is  drawn  by  lot  by  the  officer  in 
charge  at  the  main  gate  of  the  Copeland 
Forest  situate  in  the  east  half  of  Lot  6  in  Con- 


cession III  in  the  Township  of  Medonte  in  the 
County  of  Simcoe,  at  or  about  6  o'clock  in  the 
forenoon  on  the  day  he  intends  to  hunt; 

(c)  he  deposits  his  licence  with  the  officer  in 
charge  and  obtains  from  such  officer  a  licence 
in  Form  1; 

(d)  there  are  not  more  than  twenty-nine  other 
persons  hunting  in  the  area  described  in  the 
Schedule  at  the  time  he  presents  his  licence  for 
deposit  with  the  officer  in  charge;  and 

(e)  he  returns  to  the  gate  mentioned  in  clause  (b) 
at  or  before  6  o'clock  in  the  afternoon  on  the 
day  he  has  hunted,  surrenders  his  licence  in 
Form  1  to  the  officer  in  charge  and  produces 
for  inspection  any  deer  taken  by  him. 

(2)  Only  flintlock  or  percussion  cap  muzzle  loading 
guns  may  be  used  while  hunting  deer  during  the  period 
mentioned  in  subsection  (1)  in  the  area  described  in  the 
Schedule.     O.  Reg.  645/80,  s.  6. 

(3)  No  person  shall  use  or  be  accompanied  by  a  dog 
while  hunting  deer  in  the  area  described  in  the 
Schedule.     O.  Reg.  645/80,  s.  5  (3). 


Schedule 

All  that  parcel  or  tract  of  land  in  the  Township  of 
Medonte  in  the  County  of  Simcoe  described  as  follows: 

Premising  that  the  bearings  hereinafter  mentioned 
are  astronomical  and  are  derived  from  the  easterly  limit 
of  that  part  of  the  King's  Highway  known  as  No.  93 
having  a  bearing  of  north  32°  00'  west  according  to 
Ministry  of  Transportation  and  Communications  Plan 
r-2430-2;  beginning  at  an  iron  bar  planted  at  the  inter- 
section of  the  easterly  limit  of  the  right  of  wa\-  of  that 
part  of  the  King's  Highway  known  as  No.  93  with  the 
southerly  limit  of  Lot  45  in  Concession  I;  thence  north- 
erly along  the  easterly  limit  of  the  right  of  wa.v  of  that 
part  of  the  King's  Highway  known  as  No.  93  to  the 
intersection  with  the  southerly  limit  of  the  right  of  way 
of  that  part  of  the  King's  Highway  known  as  No.  400; 
thence  northeasterly  along  the  said  southerly  limit  to  the 
intersection  with  the  southerly  limit  of  the  right  of  way 
of  Ingram  Road;  thence  in  a  northeasterly,  easterly  and 
northeasterly  direction  along  the  said  southerl>-  limit  to 
a  survey  post  in  Lot  7  in  Concession  V;  thence  south  58° 
20'  20"  east  76.61  feet;  thence  north  53°  33'  50"  east 
2196.63  feet,  more  or  less,  to  a  survey  post  planted  in 
the  westerly  limit  of  the  allowance  for  road  between 
concessions  V  and  VI;  thence  southerly  along  the  said 
westerly  limit  to  the  southeasterly  corner  of  Lot  3  in 


866 


GAME  AND  FISH 


Reg.  408 


Concession  V;  thence  westerly  along  the  southerly  limit 
of  the  said  Lot  3  to  the  line  between  the  east  half  and  the 
west  half  of  lots  2  and  3  in  Concession  V;  thence  south- 
erly along  the  said  line  1738.25  feet  to  a  survey  post; 
thence  south  59°  14'  10"  west  2240.51  feet  to  a  survey 
post  planted  in  the  easterly  limit  of  the  allowance  for 
road  between  concessions  IV  and  V;  thence  northerly 
along  the  said  easterly  limit  13.78  feet;  thence  south  59° 
37'  10"  west  66.0  feet  to  the  westerly  limit  of  the  allow- 
ance for  road  between  concessions  IV  and  V;  thence 
south  59°  39'  10"  west  4388.60  feet,  more  or  less,  to  the 
easterly  limit  of  the  allowance  for  road  between  conces- 
sions III  and  IV;  thence  northerly  along  the  said  easterly 
limit  540.41  feet;  thence  westerly  to  the  intersection  of 
the  westerly  limit  of  the  allowance  for  road  between 
concessions  III  and  IV  with  the  line  between  the  north 
half  and  the  south  half  of  Lot  2  in  Concession  III;  thence 
westerly  along  the  said  line  to  the  line  between  the  east 
half  and  the  west  half  of  the  said  Lot  2;  thence  southerly 
along  the  said  line  to  the  .southerly  limit  of  the  said  Lot  2; 
thence  westerly  along  the  said  southerly  limit  to  the 
southwesterly  corner  of  the  said  Lot  2;  thence  northerly 
along  the  westerly  limit  of  the  said  Lot  2  a  distance  of 


693.04  feet;  thence  .south  58°  53'  40"  west  66.0  feet, 
more  or  less,  to  the  southeasterly  corner  of  Lot  43  in 
Concession  II;  thence  westerly  along  the  southerly  limit 
of  the  said  Lot  43  to  the  line  between  the  east  half  and 
the  west  half  of  the  said  Lot  43;  thence  northerly  along 
the  said  line  between  the  east  half  and  the  west  half  of 
the  said  Lot  43  to  the  southerly  limit  of  Lot  44  in 
Concession  II;  thence  westerly  along  the  said  southerly 
limit  to  the  southwesterly  corner  of  the  said  Lot  44; 
thence  northerly  along  the  easterly  limit  of  the  said  Lot 

44  a  distance  of  1422.97  feet;  thence  south  58°  11'  30" 
west  66.0  feet  to  the  southea.sterly  corner  of  Lot  45  in 
Concession  I;  thence  westerly  along  the  southerly  limit 
of  the  said  Lot  45  to  the  place  of  beginning. 

Saving  and  excepting  thereout  and  therefrom  the 
allowance  for  road  between  concessions  I  and  II,  con- 
cessions II  and  III,  concessions  III  and  IV  and  conces- 
sions IV  and  V  and  the  allowance  for  road  between  lots 

45  and  46  in  concessions  I  and  II  and  lots  5  and  6  in 
concessions  III,  IV  and  V,  and  the  right  of  way  of 
Canadian  Pacific  Limited.     O.  Reg.  645/80,  Sched. 


F  orm    1 

Game  and  Fish  Act 

COPELAND  FOREST  HUNTING  AREA 

FREE  DAILY  LICENCE  TO  HUNT  DEER 

No 

Under  the  Game  and  Fish  Act  and  the  regulations  and  subject  to  the  limitations  thereof,  this  licence  is  issued 


to: 

Mr. 

Miss 
Mrs. 


(Last  Name) 


(First  Name) 


(Initial) 


of 


(Street  Address,  P.O.  Box  or  Rural  Route)  (City,  Town,  Village) 

to  hunt  deer  in  the  area  described  in  the  Schedule  to  Regulation  408  of  Revised  Regulations  of  Ontario,  1980. 
This  licence  expires  with  the  day  on  which  it  is  issued. 

Date  of  Issue ,  19  ...  .         Signature  of  Issuer   

O.  Reg.  645/80,  Form  1. 


Reg.  409 


GAME  AND  FISH 


867 


REGULATION  409 

under  the  Game  and  Fish  Act 


CROWN  GAME  PRESERVES 

Part  I 

CROWN  LANDS 

1.  This  Part  applies  to  Crown  game  preserves  on 
Crown  Lands.     R.R.O.   1970.  Reg.  360,  s.   1. 

2.  There  shall  be  Crown  game  preserves  on  Crown 
lands  as  described  in  the  Schedules  to  Appendix  A, 
each  preserve  to  be  known  by  the  name  appearing  as 
the  heading  of  the  Schedule.  R.R.O.  1970,  Reg.  360, 
s.  2. 

Part  n 
LANDS  OTHER  THAN  CROWN  LANDS 

3.  This  Part  applies  to  Crown  game  preserves  on 
lands  other  than  Crown  lands.  R.R.O.  1970,  Reg. 
360,  s.  4. 

4.  The  lands  described  in  the  Schedules  to  Appen- 
dix B  are  designated  as  Crown  game  preserves,  each 
preserve  to  be  known  by  the  name  appearing  as  the 
heading  of  the  Schedule.  R.R.O.  1970,  Reg.  360, 
s.  5. 

5. — (1)  A  resident  of  a  Crown  game  preserve  may 
under  a  licence  in  Form  1  possess  traps,  explosives, 
fire-arms  or  sporting  implements  on  that  part  of  the 
preserve  owned  or  occupied  by  him. 

(2)  A  licence  in  Form  1  expires  with  the  31st 
day  of  December  next  following  the  date  on  which 
it  is  issued.     R.R.O.  1970,  Reg.  360,  s.  6  (1,  2). 

APPENDIX  A 

Schedule  1 

CHAPLEAU  CROWN  GAME  PRESERVE 

In  the  territorial  districts  of  Algoma  and  Sudbury 
and  described  as  follows : 

Beginning  at  a  point  in  the  geographic  Township 
of  Pearkes  in  the  Territorial  District  of  Algoma 
where  the  Canadian  Pacific  Railway  line  intersects 
the  Algoma  Central  and  Hudson  Bay  Railway  line ; 
thence  in  a  general  southerly  and  southeasterly 
direction  along  the  Canadian  Pacific  Railway  line 
through  the  geographic  townships  of  Pearkes, 
Huotari,  Lequerrier,  Jacobson,  Riggs,  West, 
Copenace  and  Echum  in  the  Territorial  District 
of  Algoma,  and  the  geographic  townships  of  Bader, 
Hornell,     Delmage,     Druillettes,     Bliss,     Gilliland, 


Strathearn,  Caouette  and  Panet,  in  the  Territorial 
District  of  Sudbury,  to  the  high-water  mark  on 
the  northwesterly  shore  of  Chapleau  Lake  near 
the  southerly  limit  of  the  geographic  Township 
of  Panet;  Thence  in  a  general  northeasterly 
direction  along  the  high-water  mark  of  the  north- 
westerly shore  of  Chapleau  Lake  and  along 
the  westerly  shore  of  the  connecting  waters  to  the 
southerly  extremity  of  Henderson  Lake  in  the  geo- 
graphic Township  of  Cochrane  in  the  Territorial 
District  of  Sudbury;  thence  in  a  general  north- 
easterly direction  following  the  high-water  mark  on 
the  westerly  shore  of  Henderson  Lake  to  the  outlet 
of  the  Chapleau  River  in  the  geographic  Township  of 
D'Arcy  and  along  the  westerly  bank  of  the  Chapleau 
River  through  the  geographic  townships  of  D'Arcy, 
Racine,  Pattinson,  Sadler,  Copperfield,  Bonar  and 
Sherlock,  in  the  Territorial  District  of  Sudbury,  and 
the  geographic  Township  of  Kapuskasing  in  the 
Territorial  District  of  Algoma,  to  the  mouth  of  the 
Chapleau  River  in  Kapuskasing  Lake;  thence  in  a 
general  northerly  direction  along  the  high-water 
mark  of  the  westerly  shore  of  Kapuskasing  Lake  to 
the  point  where  it  meets  the  southerly  limit  of  the 
Canadian  National  Railways  line  on  the  north- 
westerly corner  of  Kapuskasing  Lake  in  the  geo- 
graphic Township  of  Kapuskasing;  thence  in  a 
general  northwesterly  direction  following  the  south- 
erly limit  of  that  railway  line  through  the  geographic 
townships  of  Kapuskasing,  Kirkwall,  Lerwick, 
Coderre,  Conking,  Hayward,  Hook,  Legge,  Marjorie, 
Walls  and  Hawkins,  in  the  Territorial  District  of 
Algoma,  to  its  intersection  with  the  easterly  hmit  of 
the  Algoma  Central  and  Hudson  Bay  Railway  line 
near  the  northerly  limit  of  the  geographic  Township 
of  Hawkins;  thence  southerly  along  the  easterly 
limit  of  the  Algoma  Central  and  Hudson  Bay  Rail- 
way line  through  the  geographic  townships  of 
Hawkins,  Irving,  Martin,  Carney,  Simpson,  St. 
Julien  and  Pearkes,  in  the  Territorial  District  of 
Algoma,  to  the  place  of  beginning.  R.R.O.  1970, 
Reg.  360,  App.  A,  Sched.  2,  revised. 

Schedule  2 

GEIKIE  ISLAND  CROWN  GAME  PRESERVE 

Geikie  Island  in  Lake  Nipigon  in  the  Territorial 
District  of  Thunder  Bay.  R.R.O.  1970,  Reg.  360, 
App.  A,  Sched.  4. 

Schedule  3 

NIPISSING  CROWN  GAME  PRESERVE 

In  the  geographic  townships  of  Askin,  Flett, 
Gladman,  Gooderham,  Hammell,  Kenny,  La  Salle, 


868 


GAME  AND  FISH 


Reg.  409 


Law,  McLaren,  Milne,  Olive,  Osborne  and  Sisk,  in 
the  Territorial  District  of  Nipissing,  and  described  as 
follows: 

Beginning  at  the  intersection  of  the  southerly 
boundary  of  the  geographic  Township  of  Gladman 
with  the  northeasterly  bmit  of  that  part  of  the 
King's  Highway  known  as  No.  1 1 ;  thence  north- 
westerly and  northerly  along  the  northeasterly  limit 
of  that  highway  hmit  to  its  intersection  with  the 
southerly  limit  of  a  travelled  road  in  the  geographic 
Township  of  Askin  known  as  Sevigny's  Road;  thence 
in  a  general  northeasterly  direction  following  that 
southerly  limit  to  its  intersection  with  the  south- 
westerly limit  of  the  right  of  way  of  the  Ontario 
Northland  Railway;  thence  southeasterly  along  that 
railway  limit  to  the  intersection  with  the  southerly 
boundary  of  the  geographic  Township  of  Osborne; 
thence  westerly  along  the  southerly  boundaries  of 
the  geographic  townships  of  Osborne,  Hammell  and 
Gladman  to  the  place  of  beginning.  R.K.O.  1070, 
Reg.  360,  App.  A,  Sched.  5. 


APPENDIX  B 

Schedule  1 

BRIGDEN  CROWN  GAME  PRESERVE 

In  the  Township  of  Moore  in  the  County  of 
Lambton,  and  described  as  follows: 

Beginning  at  the  northwesterly  angle  of  Lot  12, 
Concession  VI;  thence  southerly  along  the  westerly 
Hmit  of  Lot  12  through  concessions  VI  to  I,  both 
inclusive,  to  the  southerly  limit  of  the  Township  of 
Moore;  thence  easterly  along  the  southerly  limit  of 
the  Township  of  Moore  to  the  easterly  limit  of  Lot 
10,  Concession  I ;  thence  northerly  along  the  easterly 
hmit  of  Lot  10,  Concession  I,  and  continuing  north- 
erly in  a  straight  line  to  the  southerly  limit  of  Con- 
cession II;  thence  easterly  along  the  southerly  hmit 
of  Concession  II  to  the  westerly  limit  of  a  travelled 
road  running  northerly  in  Lot  9,  Concession  II; 
thence  northerly  along  the  westerly  limit  of  that  road 
to  the  southerly  limit  of  Concession  III;  thence  east- 
erly along  the  the  southerly  hmit  of  Concession  III 
to  the  easterly  Hmit  of  Lot  7,  Concession  III;  thence 
northerly  along  the  easterly  Hmit  of  Lot  7  through 
concessions  III  to  VI,  both  inclusive,  to  the  northerly 
Hmit  of  Concession  VI;  thence  westerly  along  the 
northerly  limit  of  Concession  VI  to  the  place  of 
beginning.     R.R.O.  1970,  Reg.  360,  App.  B,  Sched.  4. 


Schedule  2 

CONESTOGO  CROWN  GAME  PRESERVE 

In  those  parts  of  The  Regional  Municipality  of 
Waterloo  that,  on  the  31st  day  of  December,  1972  were 
the  townships  of  Woolwich  and  Waterloo  in  the 
County  of  Waterloo,  and  described  as  follows: 


Beginning  at  a  point  in  the  Township  of  Woolwich 
where  the  southerly  bank  of  the  Conestogo  River 
meets  the  westerly  bank  of  the  Grand  River;  thence 
in  a  general  westerly  direction  along  the  southerly 
bank  of  the  Conestogo  River  to  the  easterly  limit  of 
the  road  running  southerly  in  Lot  2  in  the  Township 
of  Woolwich;  thence  in  a  general  southerly  direction 
along  the  easterly  limit  of  that  road  through  Lot  2 
in  the  Township  of  Woolwich  and  lots  65  and  66 
in  the  Township  of  Waterloo  to  the  northerly  limit 
of  a  road  running  easterly  from  the  first-described 
road  to  the  Grand  River  in  Lot  66  in  the  Town- 
ship of  Waterloo;  thence  in  a  general  easterly  direc- 
tion along  the  northerly  Hmit  of  the  secondly- 
described  road  to  the  westerly  bank  of  the  Grand 
River  in  Lot  66 ;  thence  in  a  general  northerly,  easterly 
and  northwesterly  direction  along  the  westerly  bank 
of  the  Grand  River  to  the  place  of  beginning. 
R.R.O.  1970,  Reg.  360,  App.  B,  Sched.  8,  revised. 

Schedule  3 

CONROY  MARSH  CROWN  GAME  PRESERVE 

In  the  Township  of  Carlow,  in  the  County  of  Hast- 
ings, and  the  Township  of  Raglan,  in  the  County  of 
Renfrew,  and  described  as  follows: 

1 .  Part  of  the  Township  of  Carlow,  in  the  County  of 
Hastings,  described  as  follows : 

Beginning  at  the  northeasterly  corner  of  Lot  29, 
in  Concession  XII;  thence  westerly  along  the  north- 
erly limits  of  lots  29,  28,  27  and  26,  in  Concession  XII, 
to  the  northwesterly  corner  of  said  Lot  26;  thence 
southerly  along  the  westerly  Hmit  of  said  Lot  26 
to  the  southwesterly  corner  thereof;  thence  westerly 
in  a  straight  Hne  to  the  northeasterly  corner  of 
Lot  25,  in  Concession  XI;  thence  westerly  along  the 
northerly  Hmit  of  said  Lot  25  to  the  northwesterly 
corner  thereof;  thence  southerly  along  the  westerly 
limit  of  said  Lot  25  to  the  southwesterly  corner 
thereof;  thence  easterly  along  the  southerly  limit 
of  said  Lot  25  to  the  southeasterly  corner  thereof; 
thence  easterly  in  a  straight  line  to  the  southwesterly 
corner  of  Lot  26,  in  Concession  XI;  thence  easterly 
along  the  southerly  Hmits  of  lots  26,  27  and  28  to 
the  intersection  with  the  inner  limit  of  the  road 
allowance  laid  out  along  the  northerly  shore  of  York 
River;  thence  in  a  general  northeasterly  direction 
following  the  said  inner  limit  to  the  intersection  with 
the  easterly  limit  of  Lot  29,  in  Concession  XI; 
thence  northerly  along  the  easterly  limit  of  Lot  29, 
in  concessions  XI  and  XII,  to  the  point  of  beginning. 

2.  Part  of  the  Township  of  Raglan  in  the  County  of 
Renfrew  described  as  follows: 

Beginning  at  a  point  in  the  easterly  Hmit  of  Lot  9, 
in  Concession  XVI,  distant  23  chains  measured 
southerly  along  the  said  easterly  Hmit  from  the 
northeasterly  corner  of  said  Lot  9 ;  thence  southerly 
along  the  easterly  limit  of  Lot  9,  in  concessions  XVI 
and  XV,  to  the  southeasterly  corner  of  Lot  9,  in 


Reg.  409 


GAME  AND  FISH 


869 


Concession  XV ;  thence  westerly  along  the  southerly 
limit  of  Lot  9  to  the  southwesterly  corner  of  Lot  9, 
in  Concession  XV ;  thence  southerly  in  a  straight  line 
to  the  northeasterly  corner  of  Lot  8,  in  Concession 
XIV;  thence  southerly  along  the  easterly  Hmit  of 
said  Lot  8  to  the  southeasterly  corner  thereof ;  thence 
westerly  along  the  southerly  limits  of  lots  8,  7  and 
6  to  the  southwesterly  corner  of  said  Lot  6;  thence 
northerly  along  the  westerly  limit  of  said  Lot  6  to  the 
intersection  with  the  inner  limit  of  a  66  foot  road 
allowance  laid  out  along  the  southerly  shore  of 
York  River;  thence  in  a  general  northeasterly  and 
northerly  direction  following  the  said  inner  limit 
to  a  point  distant  7  chains  measured  westerly  from 
and  perpendicularly  to  the  easterly  limit  of  Lot  6, 
in  Concession  XV;  thence  northerly  parallel  to  the 
easterly  limit  of  said  Lot  6  to  the  intersection  with 
the  inner  limit  of  the  66  foot  road  allowance  along 
the  southerly  shore  of  York  River;  thence  in  a 
general  northeasterly  direction  following  the  said 
inner  limit  to  the  intersection  with  the  westerly  Hmit 
of  Lot  8,  in  Concession  XVI ;  thence  northerly 
along  the  said  westerly  limit  to  the  intersection  with 
a  line  drawn  west  astronomically  from  the  point  of 
beginning;  thence  east  astronomically  to  the  point 
of  beginning.  R.R.O.  19.70,  Reg.  360,  App.  B, 
Sched.  9. 


Schedule  4 

DUMFRIES  CROWN  GAME  PRESERVE 

In  that  part  of  The  Regional  Municipality  of 
Waterloo  that,  on  the  31st  day  of  December,  1972  was 
the  Township  of  North  Dumfries  in  the  County  of 
Waterloo,  and  described  as  follows: 

Beginning  at  a  point  in  the  northerly  limit  of 
Concession  IX  where  it  is  intersected  by  the  northerly 
limit  of  the  right  of  way  of  the  Canadian  National 
Railways ;  thence  southerly  and  easterly  along  that 
limit  to  the  easterly  limit  of  Lot  7  in  Concession 
VII;  thence  southerly  along  the  easterly  limit  of 
that  lot  to  the  southerly  boundary  of  the  Township 
of  North  Dumfries;  thence  westerly  along  that 
boundary  to  the  point  where  it  is  intersected  by  the 
easterly  limit  of  the  West  River  Road ;  thence  east- 
erly and  northerly  along  that  limit  to  where  it  is 
intersected  by  the  northerly  limit  of  Concession  IX; 
thence  easterly  along  that  limit  to  the  place  of 
beginning.  R.R.O.  1970,  Reg.  360,  App.  B, 
Sched.  13,  revised. 


Schedule  5 

HIMSWORTH  CROWN  GAME  PRESERVE 

In  the  geographic  townships  of  Chisholm  and  East 
Ferris  in  the  Territorial  District  of  Nipissing  and  the 
geographic  townships  of  North  Himsworth  and  South 
Himsworth  in  the  Territorial  District  of  Parry  Sound, 
and  described  as  follows: 


Beginning  at  the  intersection  of  the  northerly  limit  of 
Lot  12  in  Concession  XVI  in  the  geographic  Township 
of  South  Himsworth  with  the  easterly  limit  of  that  part 
of  the  King's  Highway  known  as  No.  11;  thence  north- 
erly following  the  easterly  limit  of  that  highway  to  its 
intersection  with  the  southerly  limit  of  Lot  5  in  Conces- 
sion XXIII  in  the  geographic  Township  of  North 
Himsworth;  thence  easterly  along  the  last  mentioned 
limit  to  the  southeasterly  angle  of  that  lot;  thence  north- 
erly along  the  easterly  limit  of  that  lot  to  the  easterly 
limit  of  the  last  mentioned  highway;  thence  northerly 
along  the  last  mentioned  limit  to  the  southerly  limit  of 
the  present  travelled  road  known  as  the  Booth  Road  in 
Lot  4  in  Concession  XXIV  in  the  geographic  Township 
of  North  Himsworth;  thence  easterly  and  following  the 
southerly  limit  of  that  road  to  its  intersection  with  the 
westerly  limit  of  the  lands  of  the  Canadian  National 
Railways  in  Lot  28  in  Concession  V  in  the  geographic 
Township  of  East  Ferris;  thence  southeasterly  and 
southwesterly  following  the  westerly  limit  of  those 
lands  to  the  easterly  limit  of  Lot  1 1  in  Concession  XV  in 
the  geographic  Township  of  South  Himsworth;  thence 
northerly  along  the  easterly  limit  of  that  lot  to  the  north- 
easterly corner  thereof;  thence  westerly  along  the  north- 
erly limit  of  said  Lot  11  to  the  northwesterly  corner 
thereof;  thence  southerly  along  the  westerly  limit  of  the 
said  lot  to  the  intersection  with  the  westerly  limit  of  the 
lands  of  the  Canadian  National  Railways;  thence 
southwesterly  along  the  westerly  limit  of  those  lands  to 
the  northerly  limit  of  the  road  allowance  between  con- 
cessions XIV  and  XV;  thence  westerly  along  the  north- 
erly limit  of  the  said  road  allowance  to  the  intersection 
with  the  easterly  limit  of  that  part  of  the  King's  High- 
way known  as  No.  1 1;  thence  northerly  along  the  east- 
erly limit  of  the  said  King's  Highway  to  the  intersection 
with  the  westerly  limit  of  Lot  12  in  Concession  XVI  in 
the  geographic  Township  of  South  Himsworth;  thence 
southerly  along  the  westerly  limit  of  that  lot  to  the 
southwesterly  corner  thereof;  thence  easterly  along  the 
southerly  limits  of  lots  12  and  11  in  Concession  XVI  in 
the  geographic  Township  of  South  Himsworth  to  the 
southeasterly  corner  of  said  Lot  11;  thence  northerly 
along  the  easterly  limit  of  Lot  1 1  to  the  northeasterly 
corner  thereof;  thence  westerly  along  the  northerly 
limits  of  lots  11  and  12  to  the  place  of  beginning. 

O.  Reg.  918/80,  s.  1. 


Schedule  6 

MINER  CROWN  GAME  PRESERVE 

In  the  Township  of  Gosfield  South  in  the  County  of 
Essex,  and  described  as  follows: 

Beginning  at  a  point  where  the  easterly  Hmit  of 
the  McCain  Side  Road  intersects  the  northerly  Hmit 
of  the  road  between  concessions  I  and  II;  thence 
easterly  along  the  northerly  Hmit  of  the  road  between 
concessions  I  and  II  to  the  westerly  Hmit  of  Divi- 
sion Road;  thence  northerly  along  the  westerly  limit 
of  Division  Road  to  the  southerly  Hmit  of  the  road 
between  concessions  III  and  IV;  thence  westerly 
along  the  southerly  limit  of  the  road  between  con- 


870 


GAME  AND  FISH 


Reg.  409 


cessions  III  and  IV  to  the  easterly  limit  of  the 
McCain  Side  Road;  thence  southerly  along  the 
easterly  limit  of  the  McCain  Side  Road  to  the  place 
of  beginning.  R.R.O.  1970,  Reg.  360,  App.  H, 
Sched.  29. 


Schedule  7 

NOPIMING  CROWN  GAME  PRESERVE 

In  part  of  the  Township  of  McNab  in  the  County  of 
Renfrew,  and  in  part  of  that  part  of  The  Regional 
Municipality  of  Ottawa-Carleton,  that  on  the  14th  day 
of  June,  1968  was  the  Township  of  Fitzroy  in  the 
County  of  Carleton,  and  described  as  follows: 

Beginning  at  a  point  in  the  Township  of  McNab 
where  the  northerly  limit  of  the  Canadian  National 
Railway  line  intersects  the  easterly  bank  of  the 
Madawaska  River  in  Concession  C  of  the  Township 
of  McNab;  thence  in  a  general  easterly  direction 
along  that  railway  line  through  the  Township  of 
McNab  in  the  County  of  Renfrew  and  the  Town- 
ship of  Fitzroy  in  the  former  County  of  Carleton  to 
the  southeasterly  limit  of  Lot  23,  Concession  V,  in 
the  Township  of  Fitzroy;  thence  northeasterly  along 
the  southeasterly  limit  of  Lot  23,  Concession  V,  to 
the  southwesterly  bank  of  the  Mississipp  River; 
thence  northwesterly  along  the  southwesterly  bank 
of  the  Mississippi  River  and  in  a  general  westerly 
direction  along  the  southerly  bank  of  the  Ottawa 
River  to  the  easterly  bank  of  the  Madawaska  River; 
thence  southerly  along  the  easterly  bank  of  the 
Madawaska  River  to  the  place  of  beginning.  R.R.O. 
1970,  Reg.  360,  App.  B,  Sched.  U,  revised. 


Schedule  8 

PEMBROKE  CROWN  GAME  PRESERVE 

In  the  Township  of  Petawawa  in  the  County  of 
Renfrew  and  composed  of  lots  13  and  14,  Lake 
Range.     R.R.O.  1970,  Reg.  360,  App.  H,  Sched.  37. 

Schedule  9 

PETERBOROUGH  CROWN  GAME  PRESERVE 

In  the  townships  of  Belmont  and  Methuen  and 
Burleigh  and  Anstruther,  in  the  County  of  Peter- 
borough, and  described  as  follows: 

Beginning  at  the  confluence  of  the  water's  edge 
along  the  easterly  bank  of  Jack  Creek  with  the 
water's  edge  along  the  northerly  shore  of  Stony  Lake ; 
thence  northeasterly  along  that  water's  edge  to  its 
intersection  with  the  centre  line  of  the  allowance  for 
road  between  lots  5  and  6  in  Concession  XII  in 
that  part  of  the  Township  of  Burleigh  and  Anstruther 
that  was  formerly  the  Township  of  Burleigh  (old 
survey) ;  thence  easterly  along  that  centre  line  to  its 
intersection  with  the  centre  line  of  a  road  known  as 


the  "Nepthelene  Mine  Road  ";  thence  in  an  easterly 
and  northeasterly  direction  along  that  centre  line 
to  its  intersection  with  the  water's  edge  along  the 
westerly  shore  of  Kasshabog  Lake  in  Lot  14  in 
Concession  VIII  in  that  part  of  the  Township  of 
Belmont  and  Methuen  that  was  formerly  the  Town- 
ship of  Methuen ;  thence  in  a  general  northeasterly 
direction  along  that  water's  edge  to  its  intersection 
with  the  southerly  production  of  the  centre  line  of 
the  allowance  for  road  between  concessions  VI  and 
VII ;  thence  northerly  along  that  production  and  the 
centre  line  of  the  allowance  for  road  between  con- 
cessions VI  and  VII  to  its  intersection  with  the 
easterly  production  of  the  northerly  limit  of  the  east- 
erly half  of  Lot  31  in  Concession  VII;  thence  westerly 
along  that  easterly  production  and  the  northerly 
limit  of  Lot  31  in  Concession  VII  to  the  northwesterly 
corner  thereof;  thence  westerly  in  a  straight  line  to 
the  northeasterly  corner  of  Lot  31  in  Concession 
VIII;  thence  westerly  along  the  northerly  limit  of 
said  Lot  31  to  its  intersection  with  the  water's 
edge  along  the  easterly  bank  of  Redmond  Creek; 
thence  in  a  southwesterly  and  westerly  direction 
along  that  water's  edge  to  its  confluence  with  the 
water's  edge  along  the  northerly  shore  of  Redmond 
Bay  of  Jack  Lake;  thence  in  a  general  westerly 
direction  along  that  water's  edge  and  the  water's 
edge  along  the  north  shore  of  Jack  Lake  and  the 
water's  edge  along  the  northerly  shore  of  Brook 
Bay  of  Jack  Lake  to  its  intersection  with  the  east- 
erly production  of  the  northerly  limit  of  Lot  14 
in  Concession  XVI  in  that  part  of  the  Township  of 
Burleigh  and  Anstruther  that  was  formerly  the 
Township  of  Burleigh  (new  survey) ;  thence  westerly 
along  that  production  and  the  northerly  limit  of  Lot 
14  in  concessions  XVI  and  XV  to  the  northwesterly 
corner  of  said  Lot  14  in  Concession  XV;  thence 
westerly  in  a  straight  line  to  the  northeasterly 
corner  of  Lot  14  in  Concession  XIV;  thence  west- 
erly along  the  northerly  limit  of  Lot  14  in  con- 
cessions XIV  and  Xltl  and  the  easterly  production 
of  the  northerly  limit  of  Lot  14  in  Concession  XII 
and  the  northerly  limit  of  Lot  14  in  concessions 
XII  and  XI  to  its  intersection  with  the  water's 
edge  along  the  easterly  bank  of  Eels  Creek;  thence 
in  a  southeasterly,  southwesterly,  and  southeasterly 
direction  along  that  water's  edge  to  its  confluence 
with  the  water's  edge  along  the  northerly  shore  of 
Stony  Lake ;  thence  in  a  general  easterly  direction 
following  that  water's  edge  to  the  place  of  beginning. 
R.R.O.  1970,  Keg.  360,  App.  B,  Sched.  38. 


Schedule  10 

PUSLINCH  CROWN  GAME  PRESERVE 

In  part  of  the  Township  of  Puslinch  in  the  County  of 
Wellington,  and  in  part  of  that  part  of  The  Regional 
Municipality  of  Waterloo  that,  on  the  31st  day  of 
December,  1972  was  the  Township  of  Waterloo  in  the 
County  of  Waterloo,  and  described  as  follows: 

All  that  territory  within  500  yards  of  the  high- 
water  mark  on  the  shore  of  Puslinch  Lake  located 


Reg.  409 


GAME  AND  FISH 


871 


in  lots  1  to  6,  both  inclusive,  in  Concession  I  of  the 
Township  of  Puslinrh.  R.RO.  1<)7().  Kog.  .^60, 
App.  H,  Schod.  40. 

Schedule   1 1 

SHIRLEY  BAY  CROWN  GAME  PRESERVE 

In  those  parts  of  The  Regional  Municipality  of 
Ottawa-Carleton  that,  on  the  14th  day  of  June,  1968 
were  the  townships  of  March  and  Nepean  in  the 
Count\  of  Carleton,  and  described  as  follows: 

Beginning  at  a  point  where  the  northeasterly  limit 
of  the  road  between  concessions  IV  and  V  in  the 
Township  of  March  intersects  the  southeasterly  limit 
of  the  road  between  lots  15  and  16;  thence  in  a  general 
southeasterly  direction  along  the  northeasterly  limit 
of  the  road  between  concessions  IV  and  V  through 
the  Township  of  March  to  the  boundary  between 
the  townships  of  March  and  Nepean;  thence  south- 
erly along  that  boundary  to  its  intersection  with 
the  northerly  hmit  of  the  Canadian  National  Rail- 
ways hne;  thence  in  a  general  southeasterly  direction 
along  that  railway  line  through  Concession  A  of  the 
Township  of  Nepean  to  the  northerly  limit  of  the 
road  between  concessions  A  and  I  in  that  town- 
ship; thence  northeasterly  along  the  northerly  limit 
of  the  road  between  concessions  A  and  I  to  the 
westerly  limit  of  the  road  between  lots  5  and  6, 
Concession  A;  thence  northwesterly  along  the  west- 
erly limit  of  the  road  between  lots  5  and  6  through 
Concession  A  and  along  the  production  of  the  west- 
erly limit  of  that  road  in  a  straight  line  across 
the  mouth  of  Shirley  Bay  in  the  Ottawa  River  to  the 
high-water  mark  on  the  southerly  shore  of  Einnis 
Point  in  the  Township  of  March;  thence  in  a  general 
northerly  and  northwesterly  direction  along  the  high- 
water  mark  on  the  westerly  bank  of  the  Ottawa 
River  to  its  intersection  with  the  northeasterly 
production  of  the  southeasterly  limit  of  the  road 
between  lots  15  and  16  in  the  Township  of  March; 
thence  southwesterly  along  the  production  and  along 
the  southeasterly  limit  of  the  road  to  the  place  of 
beginning.  R.R.O.  1970.  Reg.  360,  App.  B, 
Sched.  41,  revised. 


Schedule   12 

YARMOUTH  CROWN  GAME  PRESERVE 

In  the  Township  of  Yarmouth  in  the  County  of 
Elgin  and  composed  of, 


(a)  lots  4  to  8,  both  inclusive,  in  Range  I 
south  of  Edgeware  Road ; 

(b)  lots  5  to  8,  both  inclusive,  in  Range  I 
and  II  north  of  Edgeware  Road;  and 

(c)  lots  5  to  8,  both  inclusive,  in  concessions 
X  and  XI.  R.R.O.  1970,  Reg.  360,  App. 
B, Sched.  45. 


Form  1 

Game  and  Fish  Act 
19.... 


No. 


Under  the  Game  and  Fish  Act  and  the  regulations, 
and  subject  to  the  limitations  thereof,  this  licence 
is  granted  to: 


of. 


to  possess  traps,  explosives,  fire-arms  or  sporting 
implements  on  the  following  lands; 


being  lands  owned  or  occupied  by  him  in  the 

Crown  Game  Preserve. 

This  licence  expires  with  the  31st  day  of  Decem- 
ber, 19 


Issuer 


(date) 


(signature  of  licensee) 
R.R.O.  1970,  Reg.  360,  Form  1. 


Reg.  410 


GAME  AND  FISH 


873 


REGULATION  410 

under  the  Game  and  Fish  Act 


DISCHARGE  OF  FIRE-ARMS  FROM  OR 
ACROSS  HIGHWAYS  AND  ROADS 

1.  The  counties  and  regional  municipalities 
described  in  the  Schedule  are  designated  as  counties 
and  regional  municipalities  in  which  no  person,  while 
engaged  in  hunting  or  trapping  game  or  while  going  to 
or  returning  from  a  hunting  camp  or  locality  in  which 
game  may  be  found,  shall  discharge  a  fire-arm  from  or 
across  a  highway,  road,  street,  avenue,  parkway, 
driveway,  square,  place,  bridge,  viaduct,  or  trestle, 
used  or  intended  for  use  by  the  public  for  the  passage 
of  vehicles.     R.R.O.  1970,  Reg.  362,  s.  1. 


Schedule 

1.  Brant. 

2.  Dundas. 

3.  Elgin. 

4.  Essex,  except  the  Township  of  Pelee. 


5.  Glengarry. 

6.  Grenville. 

7.  Haldimand-Norfolk. 

8.  Hal  ton. 

9.  Hamilton-Wentworth. 

10.  Huron. 

11.  Kent. 

12.  Lambton. 

13.  Lanark. 

14.  Leeds. 

15.  Middlesex. 

16.  Niagara. 

17.  Ottawa-Carleton. 

18.  Oxford. 

19.  Perth. 

20.  Prescott. 

21.  Russell. 

22.  Stormont. 

23.  Waterloo. 

24.  Wellington. 

R.R.O.  1970,  Reg.  362,  Sched.,  revised. 


Reg.  411 GAME  AND  FISH 875 

REGULATION  411 

under  the  Game  and  Fish  Act 
DISCHARGE  OF  FIRE-ARMS  ON  SUNDAY 

1.  No  person  shall  carry  or  discharge  a  fire-arm,  other  than  a  long-bow  or  a  cross-bow,  for  the  purpose  of 
hunting  on  a  Sunday,  in, 

(a)  any  county  except, 

(i)  the  County  of  Renfrew  except  the  Township  of  Raglan, 
(ii)  the  United  Counties  of  Prescott  and  Russell,  and 
(iii)   the  Township  of  Haldimand  in  the  County  of  Northumberland; 

(b)  any  regional  municipality  lying  south  of  the  French  and  Mattawa  rivers; 

(c)  The  Municipality  of  Metropolitan  Toronto;  or 

(d)  the  territorial  districts  of  Muskoka  and  Parry  Sound  and  that  part  of  the  Territorial  District  of  Nipissing 
comprising  the  geographic  townships  of  Boulter  and  Chisholm  and  the  parts  of  the  geographic 
townships  of  Ballantyne,  Butt,  Finlayson,  McCraney  and  Paxton  lying  west  of  the  westerly  boundary  of 
Algonquin  Provincial  Park.     O.  Reg.  48/75,  s.  1;  O.  Reg.  391/76,  s.  1. 

2.  This  Regulation  does  not  apply  to  a  game  bird  hunting  preserve  licensed  under  Regulation  416  of  Revised 
Regulations  of  Ontario,  1980.     O.  Reg.  612/78,  s.  1. 


Reg.  412  GAME  AND  FISH  877 

REGULATION  412 

under  the  Game  and  Fish  Act 

FIRE-ARMS— AULNEAU  PENINSULA 

1.  Notwithstanding  the  provisions  of  subsections  10  (2),  (4),  (5),  (6),  (7)  and  (8)  of  Regulation  420  of  Revised 
Regulations  of  Ontario,  1980,  no  person  while  hunting  with  a  shotgun  in  the  area  described  in  the  Schedule  shall 
have  in  his  gun  or  on  his  person  any  shotgun  shell  loaded  with  ball  or  with  shot  larger  than  number  two  shot 
during  the  periods  from, 

(a)  the  15th  day  of  April  to  the  15th  day  of  June,  both  inclusive,  in  any  year;  and 

(b)  the  lOthdayof  Septembertothe  15thdayof  December,  bothinclusive,  inanyyear.     O.  Reg.  647/80,  s.  1. 

2. — (1)  Notwithstanding  the  provisions  of  subsections  10  (2),  (4),  (5),  (6),  (7)  and  (8)  of  Regulation  420  of 
Revised  Regulations  of  Ontario,  1980,  no  person  shall  hunt  with  or  have  in  his  possession,  while  hunting,  a  rifle 
of  greater  calibre  or  projectile  power  than  the  rifle  known  as  a  .22-calibre  low  powered  rifle  in  the  area  described 
in  the  Schedule  during  the  periods  from, 

(a)  the  15th  day  of  April  to  the  15th  day  of  June,  both  inclusive,  in  any  year;  and 

(b)  the  10th  day  of  September  to  the  15th  day  of  December,  both  inclusive,  in  any  year. 

(2)  The  calibre  limitation  mentioned  in  subsection  (1)  does  not  apply  to  a  flint-lock  or  percussion  cap  muzzle 
loading  rifle.     O.  Reg.  647/80,  s.  2. 

Schedule 

Aulneau  Peninsula  west  of  Turtle  Portage  in  the  Territorial  District  of  Kenora  excluding  all  off  shore  islands 
in  Lake  of  the  Woods.     O.  Reg.  647/80,  Sched. 


Reg.  413 


GAME  AND  FISH 


879 


REGULATION  413 


under  the  Game  and  Fish  Act 


FISHING  HUTS 

1.  No  person  shall  place  or  occupy  or  attempt  to 
place  or  occupy  any  hut  used  for  fishing  on  the 
ice  of  any  of  the  waters  described  in  the  Schedule 
unless  the  hut  bears  on  the  outside,  in  numerals 
not  less  than  two  and  one-half  inches  in  height, 
the  number  assigned  to  the  owner  by  an  ofhcer 
of  the  Ministry  of  Natural  Resources  in  the  adminis- 
trative district  where  the  water  is  located.  R.R.O. 
1970,  Reg.  364,  s.  1. 

2.  No  person  shall  place,  use  or  occupy  any  hut 
used  for  fishing  on, 

(a)  the  ice  of, 

(i)  Lake  Simcoe  in  the  County  of  Simcoe 
and  in  the  regional  municipalities  of 
Durham  and  York,  and 

(ii)  Lake  Scugog  in  The  Regional  Muni- 
cipality of  Durham  and  in  the 
County  of  Victoria, 

after  the  15th  day  of  March  in  any  year; 
and 

(b)  the  ice  of, 

(i)  Lake  Temagami  in  the  Territorial 
District  of  Nipissing, 

(ii)  Lake  Timiskaming  in  the  territorial 
districts  of  Nipissing  and  Timiska- 
ming, and 

(iii)  any  waters,  excepting  those  men- 
tioned in  clause  (a),  south  of  and 
including  the  French  and  Mattawa 
Rivers  and  Lake  Nipissing, 

after  the  31st  day  of  March  in  any  year, 

or  leave  any  such  hut  on  the  ice  of  any  such  waters 
after  the   15th  day  of  March  or  the  31st  day  of 


March,  respectively.    O.  Reg.  153/78,  s.  1 ;  O.  Reg. 
891/78,  s.  1. 

Schedule 

1.  The  water  known  as  Lake  Couchiching  in  the 
County  of  Simcoe  and  The  Regional  Municipality  of 
Durham. 

2 .  The  water  known  as  Lake  Simcoe  in  the  County 
of  Simcoe  and  the  regional  municipalities  of  Durham 
and  York. 

3.  The  water  known  as  Puslinch  Lake  in  the 
County  of  Wellington. 

4.  The  water  known  as  Lake  Nipissing  in  the 
territorial  districts  of  Nipissing,  Parry  Sound  and 
Sudbury. 

5.  The  water  known  as  Lake  Temagami  in  the 
Territorial  District  of  Nipissing. 

6.  The  water  known  as  Lake  of  Bays  in  the 
geographic  townships  of  Ridout,  McLean,  Franklin 
and  Brunei  in  the  Territorial  District  of  Muskoka 
as  they  existed  on  the  31st  day  of  December,  1970. 

7.  The  waters  known  as  Boshkung  Lake  in  the 
Provisional  County  of  Haliburton. 

8.  The  waters  known  as  Twelve  Mile  Lake  in  the 
Provisional  County  of  Haliburton. 

9.  The  waters  known  as  Gull  Lake  in  the 
Provisional  County  of  Haliburton. 

10.  The  waters  known  as  Lake  Scugog  in  The 
Regional  Municipality  of  Durham. 

11.  The  waters  known  as  Lake  Timiskaming  in 
the  territorial  districts  of  Nipissing  and  Timiskaming. 

12.  The  waters  known  as  Lake  Manitou  in  the  Ter- 
ritorial District  of  Manitoulin.  R.R.O.  1970,  Reg.  364, 
Sched.;  O.  Reg.  553/71,  s.  1;  O.  Reg.  834/75,  s.  1; 
O.  Reg.  891/78,  s.  2;  O.  Reg.  127/79,  s.  1,  revised. 


Reg.  414 


GAME  AND  FISH 


REGULATION  414 

under  the  Game  and  Fish  Act 


FISHING  LICENCES 

FORM   OF   LICENCES   AND   FEES 

1.  A  licence  issued  under  the  section,  subsection 
and  paragraph  of  the  Ontario  Fishery  Regulations  in 
column  2  of  the  Table  shall  be  in  the  form  in  column  3, 
and  there  shall  be  paid  therefor, 

(a)  the  fee  in  column  4;  and 

(b)  the  issuing  fee  in  column  5, 

set  opposite  thereto.     O.  Reg.  49/75,  s.  1. 

2.  The  fee  for  a  duplicate  licence  in  Form  1,  2, 
4  or  11  is  $2.     O.  Reg.  49/75,  s.  3. 

3.  A  licence  issued  under  paragraph  29(1)  (a)  of  the 
Ontario  Fishery  Regulations  to  take  fish  for  personal 
use  by  means  of  a  dip-net  shall  be  in  Form  S  and  the 
fee  therefor  is  $2.50.     O.  Reg.  920/80,  s.  1. 

4. — (1)  A  licence  issued  under  paragraph  29  (1)  (b) 
of  the  Ontario  Fishery  Regulations  to  take  fish  for 
commercial  use  by  means  of  a  gill-net,  pound-net, 
trap-net,  trawl-net,  hoop-net,  troll,  hooks,  seine-net, 
dip-net,  bait-fish  trap  or  trammel-net  shall  be  in 
Form  6. 

(2)  The  fee  for  a  licence  in  Form  6,  where  the  licence 
authorizes  the  taking  of  fish  by  a  gill-net  in, 

(a)  Lake  Superior,  Lake  Huron,  including  Geor- 
gian Bay  and  North  Channel,  Lake  Erie, 
except  that  part  described  in  clause  (6)  or 
Lake  Ontario  except  the  Bay  of  Quinte,  is, 

(i)  $24,  or 

(ii)  $12  for  each  3,000  metres  of  gill-net 
authorized  by  the  licence, 

whichever  is  the  greater; 

(b)  that  part  of  Lake  Erie  easterly  of  a  line  drawn 
south  21°  31'  east  astronomically  or  approxi- 
mately south  16°  30'  east  magnetically  from  a 
point  where  the  high-water  mark  on  the 
northerly  shore  of  Lake  Erie  is  intersected  by 
the  boundary  between  the  counties  of  Elgin 
and  Kent  and  authorizes  the  estimated  taking 
of  more  than  fourteen  tonnes  of  fish,  is  $150; 

(c)  that  part  of  Lake  Erie  mentioned  in  clau.se  (b) 
and  authorizes  the  estimated  taking  of  not 
more  than  fourteen  tonnes  of  fish,  is  $60; 


(d)  Bay  of  Quinte  of  Lake  Ontario,  is  $30; 

(e)  Lake  Nipigon  and  authorizes  the  use  of, 

(i)  5,500  metres  of  gill-net,  is  $36, 
(ii)   11,000  metres  of  gill-net,  is  $72,  or 

(iii)  22,000  metres  of  gill-net,  is  $144;  and 

(/)  waters  other  than  those  mentioned  in  clauses 
(a)  to  (e)  and  authorizes  the  use  of, 

(i)   1,850  metres  of  gill-net,  is  $24,  or 
(ii)  3,675  metres  of  gill-net,  is  $48. 

(3)  The  fee  for  a  licence  in  Form  6,  where  the  licence 
authorizes  the  taking  of  fish  by  one  or  more  pound- 
nets, 

(a)  in  Lake  St.  Clair,  is  $8.50;  and 
(b)  in  waters  other  than  Lake  St.  Clair,  is  $12, 
for  each  net  authorized  by  the  licence. 

(4)  The  fee  for  a  licence  in  Form  6,  where  the  licence 
authorizes  the  taking  of  fish  by, 

(a)  one  or  more  trap-nets,  is  $12  for  each  trap-net 
authorized  by  the  Ijcence; 

(b)  a  trawl-net,  is  $120; 

(c)  one  or  more  hoop-nets,  is  $10  for  each  hoop- 
net  authorized  by  the  licence; 

(d)  trolling  lines,  is  $6; 

(e)  a  dip-net,  is  $6;  and 

(/)  one  or  more  bait-fish  traps,  is  $2.50  for  each 
bait-fish  trap  authorized  by  the  licence. 

(5)  The  fee  for  a  licence  in  Form  6,  where  the  licence 
authorizes  the  use  of  hooks, 

(a)  for  taking  fish  other  than  sturgeon  or  trout  of 
any  species  in  waters  other  than  the  Ottawa 
River  and  Lake  St.  Clair,  is  $6  for  each  150 
hooks  authorized  by  the  licence; 

(b)  in  the  Ottawa  River,  is  $30; 

(c)  in  Lake  St.  Clair,  is  $30  for  each  300  hooks 
authorized  by  the  licence;  and 


882 


GAME  AND  FISH 


Reg.  414 


(d)  for  taking  sturgeon  in  waters  other  than  the 
Ottawa  River  and  Lake  St.  Clair,  is  $30  for 
each  300  hooks  authorized  by  the  licence. 

(6)  The  fee  for  a  licence  in  Form  6,  where  the  licence 
authorizes  the  use  of  a  seine-net  for  taking  fish  other 
than  bait-fish  in  the  waters, 

(a)  other  than  those  mentioned  in  clauses  (b)  and 
(c),  is  $24  for  each  100  metres  of  seine-net 
authorized  by  the  licence; 

(b)  of  Long  Point  Bay  of  Lake  Erie,  is  $60;  and 

(c)  of  Lake  St.  Clair  and  the  Detroit  River  and 
their  tributaries  lying  within  the  counties  of 
Essex  and  Kent,  is  $12  for  each  100  metres  of 
seine-net  authorized  by  the  licence. 

(7)  The  fee  for  a  licence  in  Form  6  that  authorizes 
the  taking  of  bait-fish  by  the  use  of  a  seine-net,  the 
dimensions  of  which  are, 

(a)  not  more  than  twenty  metres  by  two  metres,  is 

$12; 

(b)  not  more  than  thirty-one  metres  by  two  and 
one-half  metres,  is  $18;  or 

(c)  not  more  than  forty-six  metres  by  two  and 
one-half  metres,  is  $24. 

(8)  The  fee  for  a  licence  in  Form  6  that  authorizes 
the  taking  of  fish  by  means  of  a  trammel-net  is  $24  for 
each  100  metres  authorized  by  the  licence.  O.  Reg. 
920/80,  s.  2. 

5. — (1)  A  licence  issued  under  paragraph  29  (1)  (e) 
of  the  Ontario  Fishery  Regulations  shall  be  in  Form  10 
and  the  fee  therefor  is  $  1  and  the  issuing  fee  therefor  is 
25  cents. 

(2)  A  licence  issued  under  paragraph  29  (1)  (j)  of 
the  Ontario  Fishery  Regulations  shall  be  in  Form  11 
and  the  fee  therefor  is  $5  and  the  issuing  fee  therefor  is 
$1.     O.  Reg.  920/80,  s.  3. 

6. — (I)  No  licence  prescribed  in  this  Regulation 
is  valid  unless  signed  by  the  issuer. 

(2)  A  licence  in  Form  10  is  valid  only  during 
the  months  of  March,  April  and  May. 

(3)  A  licence  in  Form  11  is  valid  only  during  the 
months  of  March,  April,  May,  June  and  July. 
R.R.O.  1970,  Reg.  365,  s.  7. 

EXPIRY  OF  LICENCES 

7. — (1)  The  licences  prescribed  in  this  Regulation, 
except  a  licence  in  Form  2,  10  or  11  expire  with  the 


31st  day  of  December  next  following  the  date  of 
issue.     O.  Reg.  49/75,  s.  5  (1). 

(2)  A  licence  in  Form  2  is  valid  for  the  four  consecu- 
tive days  referred  to  in  the  licence  which  shall  be 
entered  therein  by  the  issuer  on  the  date  of  issue. 
O.  Reg.  848/79,  s.  1. 


RETURNS 
8.  The  holder  of  a  licence  in  Form  6,  7  or  8  shall, 

(a)  make  a  fully  completed  monthly  return, 

(i)  where  no  fishing  has  been  done  during 
the  month  under  the  licence,  in  Form 
16,  or 

(ii)  where  fishing  has  been  done  during 
the  month  under  the  licence,  in  Form 
16, 

and  forward  the  return  so  completed  to  the 
district  manager  or  an  officer  designated  by 
him  on  or  before  the  8th  day  of  the  month 
following  that  for  which  the  return  is  made; 
and 

(b)  make  an  annual  return  in  Form  17  and  for- 
ward the  return  to  the  district  manager  not 
later  than  the  31st  day  of  January  next  fol- 
lowing the  expiry  of  the  licence.  R.R.O. 
1970,  Reg.  365,  s.  9;  O.  Reg.  1007/78,  s.  1; 
O.  Reg.  197/80,  s.  1. 

9. — (1)  Section  8  does  not  apply  to  the  holder  of  a 
licence  in  Form  6  that  authorizes  the  taking  of  bait-fish 
for  commercial  use.     R.R.O.  1970,  Reg.  365,  s.  11(1). 

(2)  The  holder  of  a  licence  in, 

(a)  Form  6  that  authorizes  the  taking  of  bait-fish 
for  commercial  use; 

(b)  Form  13;  or 

(c)  Form  14, 

shall  make  an  annual  return  in  Form  9  and 
forward  the  return  to  the  issuer  of  the  licence  not 
later  than  the  15th  day  of  January  next  following  the 
date  of  expiry  of  the  licence.  R.R.O.  1970,  Reg. 
365,  s.  11  (2);  O.  Reg.  447/72,  s.  1. 


TRANSFER  OF  LICENCES 

10.  A  licence  in  Form  6,  7,  8,  13  or  14  may  be 
transferred  upon  application  therefor  in  a  form  pro- 
vided by  the  Ministry  of  Natural  Resources.     O.  Reg. 

270/77,  s.  2. 


Reg.  414 


GAME  AND  FISH 


883 


TABLE 


1 

2 

3 

4 

5 

Item 

Reference  to  Ontario  Fishery  Regulations 

Form 

¥ee 

Issuing 
Fee 

1. 

Subsection  26  (1) 

1 

S14.00 

$1.00 

2. 

Subsection  26  (1) 

2 

7.50 

.50 

3. 

Subsection  26  (1) 

3 

2.00 

4. 

Subsection  26  (2) 

4 

5.50 

.50 

5. 

Paragraph  29  (1)  (r) 

7 

24.00 

6. 

Paragraph  29  i I)  id) 

8 

40.00 

7. 

Paragraph  29  (1)  (/) 

12 

1.25 

8. 

Paragraph  29  (I)  (g) 

13 

12.00 

9. 

Paragraph  29  (1)  ih) 

14 

6.00 

O.  Reg.  848/79,  s.  2;  O.  Reg.  920/80,  s.  4. 


19. 


Form   1 

Game  and  Fish  Act 
NON-RESIDENT  ANGLING  LICENCE 


Under  the  Game  and  Fish  Act,  and  the  regulations,  and  subject  to  the 
limitations  thereof  and  the  limitations  of  the  Ontario  Fishery  Regulations, 
this  licence  is  granted  to 


No. 

Licence  Fee $14.00 

Issuing  Fee 1.00 

Total  $15.00 

Date  of  Birth 


Last  Name  (Print) 


Mr. 

Mrs. 

Miss 


Date 

Month 

Year 

First  Name  (Print) 


Initial 


D 


Street  Address 


P.O.  Box  or  Rural  Route  (Print) 


City,  Town  or  Village  (Print) 


State 


Height 

Weight 

Colour  of  Hair 
Colour  of  Eyes 

Zip  Code  No. 


to  angle.  This  licence  expires  with  the  31st  day  of  December,  19. 


(signature  of  issuer) 


(date) 


(signature  of  licensee) 
O.  Reg.  848/79,  s.  3,  part. 


884 


GAME  AND  FISH 


Reg.  414 


19. 


Form  2 
Game  and  Fish  Act 
NON-RESIDENT  FOUR  DAY  ANGLING  LICENCE 


Under  the  Game  and  Fish  Act,  and  the  regulations,  and  subject  to  the 
limitations  thereof  and  the  limitations  of  the  Ontario  Fishery  Regulations, 
this  licence  is  granted  to 


Mr. 

Mrs. 

Miss 


Last  Name  (Print) 

First  Name  (Print) 


Initial 


Street  Address 


P.O.  Box  or  Rural  Route  (Print) 


City,  Town  or  Village  (Print)                          State 

to  angle  on  the  four  consecutive  days 


Month  and  Day  Month  and  Day 

and  expires  with  the  fourth  day 


Month  and  Dav 


(signature  of  issuer) 


(date) 

Form  3 

Game  and  Fish  Act 


No. 

Licence  Fee $7.50 

Issuing  Fee .50 

Total  $O0 

Date  of  Birth 


Date 

Month 

Year 

Height 

Weight 

Colour  of  Hair 
Colour  of  Eyes 

Zip  Code  No. 


19, 


Month  and  Day 


(signature  of  licensee) 
O.  Reg.  848/79,  s.  3,  part. 


No. 


19.... 

NON-RESIDENT  ANGLING  LICENCE  FOR  A  MEMBER  OF  AN  ORGANIZED  CAMP 

Identification 

Licence  fee $2.00  Age 

Height 
Weight 
Colour  of  hair 
Colour  of  eyes 

Under  the  Game  and  Fish  Act,  and  the  regulations,  and  subject  to  the  limitations  thereof  and  the  limitations 
of  the  Ontario  Fishery  Regulations,  this  licence  is  granted  to 


Reg.  414 


GAME  AND  FISH 


885 


of. 


a  member  of 

to  angle  during  the  open  seasons. 


(name  of  camp) 


This  Hcence  expires  with  the  31st  day  of  December,  19.  .  . . 
Not  valid  unless  signed  by  issuer. 

Signature  of  issuer 

Address  of  issuer 

Signature  of  licensee 

Date  of  issue 

Form  4 
Game  and  Fish  Act 

19 . .         CANADIAN  RESIDENT  ANGLING  LICENCE 
(not  required  by  a  resident  of  Ontario) 

Under  the  Game  and  Fish  Act,  and  the  regulations,  and  subject  to  the 
limitations  thereof  and  the  limitations  of  the  Ontario  Fishery  Regulations, 
this  licence  is  granted  to 


Mr. 

Mrs. 

Miss 


Last  Name  (Print) 

First  Name  (Print) 


Initial 


Street  Address 


P.O.  Box  or  Rural  Route  (Print) 


City,  Town  or  Village  (Print) 

Province 


to  (a)  angle;  and 

(b)  take  bait  fish  for  personal  use. 
This  licence  expires  with  the  31st  day  of  December,  19 . 


(signature  of  issuer) 


(date) 


R.R.O.  1970,  Reg.  365,  Form  3. 


No. 

Licence  Fee 
Issuing  Fee 
Total 


Date  of  Birth 


$5.50 

.50 

$6.00 


Date 

Month 

Year 

Height 

Weight 

Colour  of  Hair 
Colour  of  Eyes 


Postal  Code  No. 


(signature  of  licensee) 
O.  Reg.  848/79,  s.  3,  part. 


886 


GAME  AND  FISH 


Reg.  414 


Form  5 

Game  and  Fish  Act 

No 

19.... 

DIP-NET  LICENCE  TO  TAKE  FISH  FOR 
PERSONAL  USE 

Licence  fee $2.50 

Under  the  Game  and  Fish  Act,  and  the  regulations, 
and  subject  to  the  limitations  thereof  and  the 
limitations    of    the    Ontario    Fishery    Regulations, 

this  licence  is  granted  to 

of 


to  take  fish  for  personal  use  by  means  of  a  dip-net  in 
the  waters  of 


in  the  public  waters  of . 


This  licence  expires  with  the  31st  day  of  December, 

19.... 

Issued  at this day  of 19 . . 

Not  valid  unless  signed  by  issuer. 

Signature  of  issuer 

R.R.O.    1970,  Reg.   365,  Form  6;  O.   Reg.   920/80, 
s.  S. 

Form  6 

Game  and  Fish  Act 

COMMERCIAL  FISHING  LICENCE 

Licence  fee  $ 

Under  the  Game  and  Fish  Act,  and  the  regulations, 
and  subject  to  the  limitations  thereof  and  the 
limitations  of  the  Ontario  Fishery  Regulations, 
this  licence  is  granted  to 

of 

to  take  fish  for  commercial  use  by  means  of  not 
more  than 


This  licence  is  issued  subject  to  further  licences 
being  granted  for  the  public  waters  mentioned 
hereon. 

This  licence  expires  with  the  31st  day  of  December, 

19.... 

Issued  this day  of ,  19 . . 

Not  valid  unless  signed  by  issuer. 

Signature  of  issuer    

R.R.O.    1970,   Reg.   365,   Form  7;  O.   Reg.   641/77, 
s.  1  {l),part. 


Form  7 

Game  and  Fish  Act 

COMMERCIAL  FISHING  LICENCE 

(CARP  ONLY) 

Licence  fee  $ 

Under  the  Game  and  Fish  Act,  and  the  regulations, 
and  subject  to  the  limitations  thereof  and  the 
limitations  of  the  Ontario  Fishery  Regulations,  this 
licence  is  granted  to    

of 

to   take  fish   for  commercial   use  by  means  of  not 
more  than 

in  the  pubHc  waters  of 


Reg.  414 


GAME  AND  FISH 


887 


This  licence  is  issued  subject  to  further  licences 
being  granted  for  the  public  waters  mentioned 
hereon. 

This  licence  expires  with  the  31st  of  December, 
19.... 

Issued  this day  of ,  19  .... 

Not  valid  unless  signed  by  issuer. 

Signature  of  issuer    

R.R.O.    1970,  Reg.  365,  Form  8;  O.   Reg.   641/77, 
s.  1  (1),  part. 

Form  8 

Game  and  Fish  Act 

COMMERCIAL  FISHING  LICENCE 

(STURGEON  ONLY) 

Licence  fee  $ 

Under  the  Game  and  Fish  Act,  and  the  regulations, 
and  subject  to  the  limitations  thereof  and  the 
limitations  of  the  Ontario  Fishery  Regulations, 
this  licence  is  granted  to 


of 


to    take    fish    for    commercial    use    by    means    of 
not  more  than    


in  the  public  waters  of 


This  licence  is  issued  subject  to  further  licences 
being  granted  for  the  public  waters  mentioned 
hereon. 

This  licence  expires  with  the  31st  day  of  December, 
19  .... 

Issued  this day  of ,  19  ... . 

Not  valid  unless  signed  by  issuer. 

Signature  of  issuer    


R.R.O.    1970,  Reg.  365,   Form  9;  O.   Reg.   641/77, 
s.  1  (1),  part. 


888 


GAME  AND  FISH 


Reg.  414 


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Reg.  414 


GAME  AND  FISH 


889 


Form  10 

Game  and  Fish  Act 

No 

19 

RESIDENT'S  LICENCE  TO  TAKE  SMELT 
FOR  PERSONAL  USE 


Licence  fee $1.00 

Issuing  fee 25 

Total  fee $1.25 


Identification 

Age 
Height 
Weight 
Colour  of  hair 
Colour  of  eyes 


Under  the  Game  and  Fish  Act,  and  the  regulations, 
and  subject  to  the  limitations  thereof  and  the 
limitations    of    the    Ontario    Fishery    Regulations, 


this  licence  is  granted  to 
of  


to  take  smelt  for  personal  use  by  means  of  a  seine-net. 
This  licence  is  valid  only  during  the  months  of 
March,  April  and  May,  19  ...  . 
Not  valid  unless  signed  by  issuer. 

Signature  of  issuer 

Address  of  issuer 

Signature  of  licensee  

Date 


O.  Reg.  920/80,  s.  6,  part. 


Form  11 

Game  and  Fish  Act 

No 

19.... 

NON-RESIDENT'S  LICENCE  TO  TAKE  FISH 
BY  MEANS  OTHER  THAN  ANGLING 


Identification 

Licence  fee $5.00        Age 

Issuing  fee 1.00        Height 

Weight 

Total  fee $6.00        Colour  of  hair 

Colour  of  eyes 


Under  the  Game  and  Fish  Act,  and  the  regulations, 
and  subject  to  the  limitations  thereof  and  the 
limitations    of    the    Ontario    Fishery    Regulations, 

this  licence  is  granted  to 


of  . 


to  take  fish  by  means  other  than  angling. 

This  licence  is  valid  only  during  the  months  of 
March,  April,  May,  June  and  July,  19 ...  . 

Not  valid  unless  signed  by  issuer. 

Signature  of  issuer 

Address  of  issuer  

Signature  of  licensee  

Date 

O.  Reg.  920/80,  s.  6,  part. 

Form  12 

Game  and  Fish  Act 

No 

19.. .. 
ANGLERS  BAIT  FISH   LICENCE 

Identification 

Age 

Licence  fee $1.25  Height 

Weight 
Colour  of  hair 
Colour  of  eyes 

Under  the  Game  and  Fish  Act,  and  the  regulations, 
and  subject  to  the  limitations  thereof  and  the 
limitations    of    the    Ontario    F'ishery    Regulations, 

this  licence  is  granted   to 


of. 


to  take  bait  fish  for  his  own  use. 

This  licence  e.xpircs  with  the  31st  day  of  December. 
19.. .. 

Not  valid  unless  signed  by  issuer. 
Signature  of  issuer 


890 


GAME  AND  FISH 


Reg.  414 


Address  of  issuer .  .  . 
Signature  of  licensee 
Date 


R.R.O.    1970,   Keg.  365,  Form   13;  O.   Reg.   920/80, 
s.  7. 

Form  13 

Game  and  Fish  Act 

No 

19.. .. 

BAIT-FISH   DEALER'S  LICENCE 

Licence  fee $10.00 

Under  the  Game  and  Fish  Act,  and  the  regulations, 
and  subject  to  the  limitations  thereof  and  the 
limitations  of  the  Ontario  Fishery  Regulations,  this 

licence  is  granted  to 


of. 


to  deal  in  bait   fish  at 

This  licence  expires  with  the  31st  day  of  December, 

19..  .. 

Issued  at this day  of 19.  .  .  . 

Not  valid  unless  signed  bv  issuer. 

Signature  of  issuer 

R.R.O.  1970,  Reg.  365,  Form  14;  O.  Re^.  641/77, 
s.  1  (2),  part. 

Form  14 

Game  and  Fish  Act 

No 

19.... 
LICENCE  TO  PRESERVE  BAIT-FISH 
Licence  fee S5.00 


Under  the  Game  and  Fish  Act,  and  the  regulations, 

and    subject    to    the    limitations    thereof    and    the 
limitations    of    the    Ontario    Fishery    Regulations, 


this   licence   is  granted   to. 
of 


to  preserve  bait   hsh  at 

This  licence  expires  with  the  31st  day  of  December, 

19.. .. 

Issued  at this day  of 19.  .  .  . 

Not  valid  unless  signed  by  issuer. 

Signature  of   issuer 

R.R.O.  1970,  Reg.  365,  Form  15;  O.  Reg.  641/77. 
s.  1  (2),  part. 

Form  15 

Game  and  Fish  Act 
REPORT  OF  COMMERCIAL  FISHING 

Port Lake 

Month 19 

Licence  No Issued  to 


Post  Office  Address 

Commercial  fishing  report  for  the  month  of. 
is  nil. 


This  return  contains  a  complete  and  correct  state- 
ment of  fishing  operations  carried  on  by  me  during  the 


month  of 
Date  .  . 


.,  19. 


(signature  of  the  holder  of  the  licence) 

O.  Reg.  197/80,  s.  2,  part. 


Reg.  414 


GAME  AND  FISH 


891 


Form  16 

Game  and  Fish  Act 
DAILY  REPORT  OF  COMMERCIAL  FISHERIES 


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This  return  contains  a  complete  and  correct  statement  of  fishing  operations  carried  on  by  me  during  the  month 


of... 
Date 


.,     19.... 


(signature  of  the  holder  of  the  licence) 


O.  Reg.  197/80,  s.  2,  part. 


892 


GAME  AND  FISH 


Reg.  414 


Form  17 

Game  and  Fish  Act 

ANNUAL  COMMERCIAL  FISHING  REPORT 


To. 


(District  Manager) 
For  the  year  ending  December  31,   19. 


Commercial  Fishing 
Licence  No. : 

Name  of  Licensee 
(please  print) : 

Home  Port  or  Address : 


New  Capital  Investment 
(Purchases  during  the  year  of  "New" 
equipment,  not  "Used"  equipment) 


Kind 

Total  Cost 

Diesel  and  Gas  Engines,  Outboard 
Motors 

00 

Tugs,  Boats,  Canoes,  etc. 

00 

Gear:  Nets,  Twine,  Ropes,  Floats, 
Winches,  etc. 

00 

Wheelhouse  Equipment: 
Radios,  Radar,  etc. 

00 

Check  if  no  new  equipment  purchased  during  year  D 

Fishing  Craft  or  Boats 
(including  motor) 

Department  of  Transport  No. : 

Length 

No.  of 
boats 

Tonnage 
(tons) 

Value 
$ 

40  feet  and  over 

00 

20  feet  to  39  feet 

////////// 

00 

Under  20  feet 

i 

////////// 

00 

No.  of  Fishermen  engaged  in  Fishery: 


(Where  owner  assists  he  should  be  included  but  do 
not  show  men  already  included  under  another 
licence.) 


Fish  Caught  during  the  year 


Kind 

Quantity 

Caught 

lb. 

Price  per 
pound 
cents 

1 .  Blue  Pickerel 

2.  Bullheads 

3.  Carp 

4.  Catfish 

5.  Chubs  and  Tullibee 

6.  Eels 

7.  Lake  Herring 

8.  Lake  Trout 

9.  Ling 

10.  Northern  Pike 

11.  Perch 

12.  Menominee 

13.  Suckers  or  Mullets 

14.  Rock  Bass  and  Crappies 

15.  Saugers 

16.  Sheepshead 

17.  Smelt 

18.  Sturgeon 

19.  Caviar 

20.  Sunfish 

21.  White  Bass 

22.  Whitefish 

23.   Yellow  Pickerel 

Reg.  414 


GAME  AND  FISH 


893 


Fishing  Gear 
Report  all  gear  on  hand 

Kind 

No. 

Length 
Yards 

Value 
$ 

1.  Gill-Net 

////////// 

00 

2.   Pound-Net 

////////// 

00 

3.  Trap-Net 

////////// 

00 

4.   Hoop-Net 
(no.  of  pots) 

////////// 
////////// 

00 

5.  Seines 

////////// 

00 

6.   Night  Lines 
(no.  of  hooks) 

////////// 
////////// 

00 

7.  TroUing  Lines 

////////// 

00 

8.   Dip  or  Roll  Nets 

////////// 

00 

9.  Trawls 

////////// 

00 

Shore  Installations 

Kind 

No. 

Value 
$ 

Freezers  and  Ice  Houses 

00 

Piers  and  Wharves 

00 

Net  Sheds 

00 

An  -Annual  Commercial  Fishing  Report  is  to  be 
made  by  each  holder  of  a  Commercial  Fishing 
Licence  within  thirty  days  of  the  end  of  the  year 
reported  as  required  under  the  Game  and  Fish  Act. 

Locality: 


Department 

Use 

Only 


This  return  contains  a  complete  and  correct  state- 
ment of  fishing  operations  carried  on  by  me  during 
the  year. 


Date. 


19. 


(signature  of  licensee) 

R.R.O.  1970,  Reg.  365,  Form  19. 


Reg.  415 


GAME  AND  FISH 


895 


REGULATION  415 


under  the  Game  and  Fish  Act 


FURS 


INTERPRETATION 


1.  In  this  Regulation  "registered  trap-line  area" 
means  an  area  designated  as  a  trap-line  area  in  Regu- 
lation 436  of  Revised  Regulations  of  Ontario,  1980. 
O.  Reg.  791/78,  s.  1. 

trapper's  licence 

2. — (1)  A  licence  to  hunt  or  trap  or  attempt  to 
trap  fur-bearing  animals  shall  be  in  Form  1 . 

(2)  The  fee  for  a  licence  in  Form  1  is, 

(a)  $5  for  that  part  of  Ontario  that  is  south 
of  the  most  northerly  east-west  line  of  the 
Canadian  National  Railway  Company; 
and 

(6)  $1  for  that  part  of  Ontario  that  is  north 
of  that  line. 

(3)  A  licence  in  Form  1  expires  with  the  30th  day 
of  June  next  following  the  date  on  which  it  is 
issued.    O.  Reg.  443/77,  s.  2. 

3. — (1)  No  licence  in  Form  1  shall  be  issued  to  an 
applicant  therefor  who  has  not  previously  been  issued  a 
licence  to  hunt  or  trap  fur-bearing  animals  under  the 
regulations,  unless  his  application  is  supported  by  the 
production  at  the  time  of  his  application  of, 

(a)  a  licence  to  hunt  issued  to  him  under  the 
regulations;  and 

(b)  a  certificate  issued  to  him  by  the  district  man- 
ager of  an  administrative  district  of  the 
Ministry  of  Natural  Resources  certifying  that 
he  has  successfully  completed  the  course  of 
instruction  in  fur  harvest  management  and 
conservation  given  by  the  Ministry. 

(2)  No  licence  in  Form  1  shall  be  issued  to  an  appli- 
cant therefor  who  has  previously  been  issued  a  licence 
to  hunt  or  trap  fur-bearing  animals  under  the  regula- 
tions, unless  his  application  is  supported  by  the  pro- 
duction at  the  time  of  his  application  of  the  licence  to 
hunt  or  trap  fur-bearing  animals. 

4. — (1)  The  holder  of  a  licence  in  Form  1  may  hunt 
or  trap  or  attempt  to  trap  during  the  open  season  fur- 
bearing  animals, 

(a)  on  Crown  lands  in  the  registered  trap-line 
area  designated  in  his  licence ;  and 


{b)  on  lands  other  than  Crown  lands  described 
in  his  licence  in  respect  of  which  he  has 
a  written  permit  from  the  owner  thereof 
to  hunt  or  trap  or  attempt  to  trap  fur- 
bearing  animals  thereon. 

(2)  Where  the  holder  of  a  licence  in  Form  1  is, 

(a)  an  owner,  or  the  holder  of  a  written  permit 
for  the  purpose  from  the  owner,  of  land ;  or 

(b)  a  purchaser  or  locatee,  or  the  holder  of  a 
written  permit  for  the  purpose  from  the  pur- 
chaser or  locatee,  under  the  Public  Lands 
Act,  of  land, 

within  or  adjacent  to  the  registered  trap-line  area 
designated  in  the  licence,  he  may  hunt  or  trap  or 
attempt  to  trap  fur-bearing  animals  on  that  land. 

(3)  Except  as  provided  in  subsection  (2),  the  holder 
of  a  licence  in  Form  1  shall  not,  under  the  authority  of 
that  licence,  hunt  or  trap  or  attempt  to  trap  on  any 
area  other  than  that  designated  or  described  in  the 
licence.     O.  Reg.  443/77,  s.  3. 

5.  The  holder  of  a  licence  in  Form  1  may  hunt  or 
trap  or  attempt  to  trap  fur-bearing  animals  during  the 
open  season  in  any  part  of  the  area  described  in  the 
Schedule  that  is  designated  in  his  licence.     O.  Reg. 

122/80,  s.  1. 

6.  The  holder  of  a  licence  in  Form  1  shall,  during 
the  open  season  for  hunting  or  trapping  fur-bearing 
animals,  take, 

(a)  not  more  than  the  number  of  a  species  of 
fur -bearing  animal  fixed  by  his  Hcence; 
and 

(b)  not  less  than  75  per  cent  of  the  number  of 
a  species  of  fur-bearing  animal  fixed  by  his 
licence.     O.  Reg.  443/77,  s.  4. 

7. — (1)  Where  the  holder  of  a  licence  in  Form  1  is 
unable  temporarily,  through  illness  or  other  cause,  to 
comply  with  section  6,  he  shall, 

(a)  notify  the  district  manager  of  the  adminis- 
trative district  of  the  Ministry  of  Natural 
Resources  in  which  he  is  licensed;  and 

(b)  nominate  a  person  to  trap  on  the  registered 
trap-line  in  his  stead. 

(2)  Where  the  person  nominated  is  approved  in 
writing  by  the  district  manager  referred  to  in  subsec- 


896 


GAME  AND  FISH 


Reg.  415 


tion  (1),  he  shall  have  all  the  rights  and  be  subject  to 
the  obligations  of  the  holder  of  a  licence  in  Form  1 
until  the  holder  of  the  licence  resumes  trapping  on  his 
registered  trap-line  area. 

(3)  The  holder  of  a  licence  in  Form  1  shall  notify 
the  district  manager  referred  to  in  subsection  (1)  when 
he  resumes  trapping  on  his  registered  trap-line  area. 
O.  Reg.  443/77,  s.  5. 

SEALING  OF  PELTS 

8.  The  pelts  of  beaver,  fisher,  lynx,  marten,  mink 
and  otter  shall  be, 

(a)  sealed  by  inserting  through  the  eyehole  or 
the  nose  a  numbered  seal  with  the  letters 
"QNT"  stamped  thereon;  or 

(b)  marked  with  a  stamp  provided  by  the 
Ministry  for  that  purpose.    O.  Reg.  443177 , 

s.  7. 

MULTIPLICITY  OF  LICENCES 

9. — (1)  No  person  shall  hold  more  than  one  licence 
in  Form  1.     O.  Reg.  443/77,  s.  8  (1). 

(2)  Except  with  the  written  permission  of  the  reg- 
ional director  of  the  administrative  region  of  the 
Ministry  of  Natural  Resources  in  which  he  is  licensed, 
the  holder  of  a  licence  in  Form  3  shall  not  be  the  holder 
of  a  licence  in  Form  1. 

(3)  Except  with  the  written  permission  of  the  reg- 
ional director  of  the  administrative  region  of  the 
Ministry  of  Natural  Resources  in  which  he  is  licensed, 
the  holder  of  a  licence  under  the  Fur  Farms  Act  shall 
not  be  the  holder  of  a  licence  in  Form  1  or  3.  O.  Reg. 
264/80,  s.  1. 

POSSESSION  OF  PELTS 

10. — (1)  No  person  shall  apply  for  or  hold  a  licence 
issued  under  section  64  of  the  Act  for  a  greater  number 
of  pelts  than  he  has  in  his  possession. 

(2)  A  licence  issued  under  section  64  of  the  Act  shall 
be  in  Form  2  and  expires  with  the  15th  day  of  October 
next  following  the  date  on  which  it  is  issued.     O.  Reg. 

443/77,  s.  9. 

FUR  DEALERS 

11. — (1)  A  licence  issued  to  a  person  to  buy,  sell  or 
trade  in  pelts  shall  be  in  Form  3  and  the  fee  therefor  is 
$25. 

(2)  A  licence  issued  to  a  person  to  engage  in  the 
business  of  tanning,  plucking  or  treating  of  pelts 
shall  be  in  Form  3  and  the  fee  therefor  is  $25. 

(3)  A  licence  in  Form  3  expires  with  the  30th 
day  of  June  next  following  the  date  on  which  it  is 
issued.     O.  Reg.  443/77,  s.  10. 


12.— (1)  A  licence  issued  to  a  person  other  than 
the  holder  of  a  licence  in  Form  3  to  buy  pelts  at 
The  Ontario  Trappers  Association  Fur  Sales  Service 
at  the  City  of  North  Bay  in  the  Territorial  District 
of  Nipissing  shall  be  in  Form  4  and  shall  be  issued 
without  payment  of  a  fee. 

(2)  A  licence  in  Form  4  expires  with  the  30th 
day  of  June  next  following  the  date  on  which  it  is 
issued. 

(3)  It  is  a  condition  of  a  licence  in  Form  4  that 
the  holder  thereof  shall  not  take  possession  in 
Ontario  of  the  pelts  purchased  by  him  without  a 
licence  in  Form  3.    O.  Reg.  443/77,  s.  11. 

13.  The  holder  of  a  licence  in  Form  3  may  deal 
directly  with, 

(a)  licensed  fur-dealers  in  any  part  of  Ontario ; 

ib)  the  holder  of  a  licence  as  an  operator  of  a  fur 
farm  under  the  Fur  Farms  Act;  and 

(c)  licensed  trappers  in  the  part  of  Ontario, 

(i)  north  of  the  mo.st  northerly  east- 
west  line  of  the  Canadian  National 
Railway  Company,  or 

(ii)  south  of  the  most  northerly  east- 
west  line  of  the  Canadian  National 
Railway  Company, 

as  specified  in  his  licence.    O.  Reg.  443/77, 
s.  12. 

14.  The  holder  of  a  licence  in  Form  3  shall  record  in 
triplicate, 

(a)  the  purchase  or  receipts  of  pelts  in  Form  5 
at  the  time  of  each  purchase  or  receipt ; 
and 

(b)  the  sale,  disposal,  tanning,  plucking  or 
treating  of  pelts  in  Form  6  at  the  time  of 
each  sale,  disposal,  tanning,  plucking  or 
treating  thereof.    O.  Reg.  443/77,  s.  13. 


15. — (1)  The  holder  of  a  licence  in  Form  3  shall, 

(a)  on  or  before  the  fifth  day  of  every  month  send 
by  post  the  original  and  duplicate  original  of 
Forms  5  and  6  for  the  preceding  month  to  the 
district  manager  of  the  administrative  district 
of  the  Ministry  of  Natural  Resources  in 
which  the  holder  of  the  licence  resides;  and 

(b)  retain  the  triplicate  original  intact  in  the 

book  in  which  Forms  5  and  6  are  supplied 
by  the  Ministry. 

(2)  The  triplicate  original  of  Forms  5  and  6  shall 
be  available  for  inspection  by  an  officer. 


Reg.  415 


GAME  AND  FISH 


897 


(3)  When  in  any  month  a  holder  of  a  Hcence  in 
Form  3  has  not  received  or  disposed  of  pelts  or 
has  not  tanned,  plucked  or  treated  pelts,  he  shall 
so  report  in  his  return. 

(4)  Where  a  holder  of  a  licence  in  Form  3  is  unable 
to  make  a  return  on  or  before  the  fifth  day  of  any 
month,  he  shall  make  application  to  the  district  man- 
ager referred  to  in  clause  (1)  (a)  for  an  extension  of 
time,  which  may  be  granted  by  the  district  manager  in 
writing. 

(5)  A  licence  issued  under  subsection  69  (3)  of  the 
Act  shall  be  in  Form  7. 

(6)  A  licence  in  Form  7  expires  with  the  ninetieth 
day  after  the  date  on  which  it  is  issued  and  the  holder 
of  the  licence  shall  send  the  licence  by  post  to  the  dis- 
trict manager  of  the  administrative  district  of  the 
Ministry  of  Natural  Resources  in  which  the  holder  of 
the  licence  resides,  upon  completion  of  tanning, 
plucking  or  treating  of  the  pelts.  O.  Reg.  443/77, 
s.  14. 

16. — (1)  A  licence  issued  to  a  person  purchasing 
pelts  for  personal  use,  restricted  as  to  time  and 
quantity,  to  be  known  as  a  "restricted  licence", 
shall  be  in  Form  8  and  shall  be  issued  without  pay- 
ment of  a  fee. 

(2)  A  licence  in  Form  8  expires  with  the  thirtieth 
day  after  the  date  on  which  it  is  issued.  O.  Reg. 
443/77,  s.  15. 

EXPORT  OF  FUR-BEARING  ANIMALS 
OR  THEIR  PELTS 

17. — (1)  A  licence  to  take  or  ship  a  fur-bearing 
animal  or  its  pelt  to  a  point  outside  Ontario  shall 
be  in  Form  9. 

(2)  A  licence  in  Form  9  expires  with  the  thirtieth 
day  after  the  date  on  which  it  is  issued. 

(3)  It  is  a  condition  of  a  licence  in  Form  9  that 
the  name  and  address  of  the  carrier  be  shown  on  the 
licence. 

(4)  A  licence  in  Form  9  shall  be  attached  to  the, 

(a)  freight  or  express  way-bill  covering  the 
shipment,  if  made  by  a  common  carrier; 
or 


(b)  parcel  or  other  container  containing  the 
pelts,  if  shipment  is  made  by  other  means. 

(5)  A  licence  in  Form  9  is  valid  for  one  shipment 
of  pelts  only.    O.  Reg.  443/77,  s.  16. 

ROYALTIES 

18. — (1)  Xhe  royalties  for  taking  or  shipping  to  a 
point  outside  Ontario  any  fur-bearing  animal  or  its  pelt 
or  sending  or  having  sent  any  fur-bearing  animal  or  its 
pelt  to  a  tanner  or  taxidermist  to  be  tanned,  plucked  or 
treated  in  any  way  are  as  follows: 


1.  Beaver $  2.40 

2.  Bobcat 6.35 

3.  Fisher 8.60 

4.  Fox  (Arctic) 2.30 

5.  Fox  (coloured) 3.35 

6.  Fox  (grey)   2.30 

7.  Lynx  10.70 

8.  Marten 1.50 

9.  Mink   1.35 

10.  Muskrat 40 

11.  Otter   3.45 

12.  Raccoon 1.60 

13.  Wolverine 7.85 

O.  Reg.  856/80,  s.  2. 

(2)  Subsection  (1)  does  not  apply  to  the  pelts  of  fox 
or  mink  bred  on  a  fur  farm  operating  in  Ontario  under 
a  licence  issued  under  the  Fur  Farms  Act  or  the  pelts  of 
such  animals  imported  from  a  place  outside 
Ontario.     O.  Reg.  443/77,  s.  17  (2). 

Schedule 

1.  Rondeau  Provincial  Park.     O.  Reg.  122/80,  s.  2. 


898 


GAME  AND  FISH 


Reg.  415 


Form  1 


Ministry  of 

Natural 

Resources 


Trappers 
Licence 

19  ..' 


No. 

Licence  fee; 


Trapper's 
number 


111 


12       3  6       7  10       11       12 

Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  this  licence  is  issued  to: 


Print  last  name  first 


First  name  or  initials 


13 


J 1_J L 


32 


Street  address. 

P. 

0. 

Box  No. 

or  Rural  Route 

1   i    1    1    1    1    1    1   1    1   1   1   1    1    i    i    1    1    1 

33 

52 

City, 

Town  or  Village 

1    i    1    1    1    1    1     1    1    1    1    1    1    i    1     1    1 

53 

69 

Ontario, 


to  hunt  or  trap  fur- bearing  animals  during  the  open  season  in  the  parts  of  Ontai 
described  as  follows: 


But  excepting  therefrom  all  privately  owned  land  on  which  the  licensee  does  not  have 
written  permission  to  trap,   from  the  owner.       If  trapping  is  to  be  done  on  private  lands 
by  written  permission,    lots  and  concessions  must  be  shown  on  the  back  of  this  licence. 




Description 

Status  Code 

Quotas 

A  means  new  trapper 

72 
B  means  no  change  in  trapper 
number  from  last  year 

C  means  trapper  has  a  number 
different  from  last  year 

Age 

i 

Beaver 

1   i 

70   7 
Height 

L 

73     75 
Fisher 

Weight 

Colour  of  hair 

Colour  of  eyes 

Lynx 

Marten 

Wolverine 

Other 

Month   Day 

Land 

Site  Region  Site  District 

Date  of  Issue 

1    i 

1 

Classification 

1 

, 

76     78  79   8C 

) 

81          82  83      84 

This  licence  expires  with  the  .30th  day  of  June  next  following  the  date  on  which  it  is 
issued. 

Signature  of  Issuer                          Signature  of  Licensee 

Reg.  415 


GAME  AND  FISH 


899 


The  holder  of  this  licence  has  obtained  written  permission  to  trap  on  the 

following  private  lands  only. 

Approved  by 
District  Manager 


Lot 

Concession 

Township 

(Date  and  Name) 

O.  Reg.  443/77.  Form  1. 


900 


GAME  AND  FISH 


Reg.  415 


Form  2 


Ministry  of 

Natural 

Resources 


LICENCE  TO 
POSSESS 
PELTS 
19... 


Licence  No. 

Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  this  licence  is  issued  to: 


Name  of  Licensee       (Last  Name) 


iFirst  Name) 


Address    Street,  P.  0.  Box  No.  or  Rural  Route       City,  Town  or  Village 


Holder  of  (Type  of  Licence) 


Licence  Number 


Address  of  Premises 


to  possess  during  the  closed  season  on  the  above  mentioned  premises  the  following 
pelts: 


Ontario  Pelts 


Other  than  Ontario  Pelts 


This  licence  expires  with  the  15th  day  of  October  next  following  the  date  on 
which  it  is  issued. 


Signature  of  Issuer 


Date  of  Issue 


Signature  of  Licensee 


O.  Reg.  443/77,  Form  2. 


Reg.  415 


GAME  AND  FISH 


901 


Form  3 


Ministry  of 

Natural 

Resources 


FUR  DEALER'S 
LICENCE 

19  .... 


No. 

Licence  fee:  $25.00 


Dealer's  Number 


Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject  to  the  Hmitations  thereof,  this  licence  is  issued  to: 


Print  last  name  first 


First  name  or  initials 


1   i   1  1   i   1  1   1   f   [  1   !   1   i   i   1   1   [ 

street  address,  P.  0.  Box  No. 

or  Rural  Route 

1   1   1   1   i    i   1   1   1    1    1   {    1   1          (if 

City.    Town  or  Village 


Ontario. 


(Check  (a)  or  (b)) 

to:      (a)   O  buy,    sell  or  trade  in  pelts  of  fur-bearing  animals; 
or 

(b)    O  engage  in  the  business  of  tanning,  plucking  or  treating  pelts  of  fur- 
bearing  animals. 

When  purchasing  pelts  directly  from  licensed  trappers,  this  licence  is  valid  only 
in  that  part  of  Ontario: 

(Check  (i)  or  (ii)  only) 

(i)  Q  south  of  the  most  northerly  east-west  line  of  the 
Canadian  National  Railway  Company; 

or 

(ii)  r-v  north  of  the  most  northerly  east-west  line  of  the 


o 


Canadian  National  Railway  Company. 


Age 

Height 

Weight 

r  

Colour  of  hair 

Colour  of  eyes 

Signature  of  Issuer 

Signature  of  Licensee 

Date  of  Issue 

District  Manager 

This  licence  expires  with  the  30th  day  of  June  next,  following  the  date  on  which  it  is 
issued. 


O.  Reg.  443/77.  Form  3. 


902 GAME  AND  FISH Reg.  415 

Form  4 


Ministry  of  Licence  to  Buy  Pelts 

Natural  at  The  Ontario  Trappers 

Resources  Association  Fur  Sales  Service 

19.... 

Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  this  licence  is 
issued  to: 


Last  name  First  name  or  initials 


to  buy  pelts  at  The  Ontario  Trappers  Association  Fur  Sales  Service,    at  the 
City  of  North  Bay  in  the  Territorial  District  of  Nipissing. 

This  licence  expires  with  the  30th  day  of  June  next  following  the  date  on 
which  it  is  issued. 

Condition: 

The  holder  of  the  licence  shall  not  take  possession  in  Ontario  of  pelti 
purchased  by  him  unless  he  is  the  holder  of  a  fur-dealer's  licence. 


Date  of  Issue  Signature  of  Issuer 


O.  Reg.  443/77,  Form  4. 


Reg.  415 


GAME  AND  FISH 


903 


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Reg.  415 


GAME  AND  FISH 


907 


Ministry  of 

Natural 

Resources 


Form  7 


Fur  Dealer's  Licence  (Permit) 
to  Accept  Pelts  for  Tanning 
19.... 


C.B.   No. 


Receipt  No. 


Date  Issued 


Dated  at 


Licence  No. 


Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  this  licence  is  issued  to: 


Name 


Address 


Holder 
of 


Trapper 's Assigned  Number 


orj:     Dealer's  Assigned  p   or 
i       Number l. 


Fur  Buyer's  Restricted 
Licence  Number 


Name  of  Dealer  who  will   do  the  tanning 


Dealer's  No. 


is  authorized  to  accept  for  tanning, 

plucking  or  treating  at. 

Location 

the 

following  pelts. 


Ontario  Wild  Fur 


Species 

Quantity 

Royalty 
Rate 

Royalty 
Paid 

Species 

Quantity 

Royalty 

Rate 

Royalty 
Paid 

01  Beaver 

11  Weasel 

02  Mink 

12  Coloured  Fox 

03  Marten 

13  Arctic  Fox 

04  Otter 

14  Timber  Wolf 

05  Fisher 

15  Coyote 

06  Lynx 

16  Black  Bear 

07  Bobcat 

17  Wolverine 

08  Muskrat 

18  Skunk 

09  Raccoon 

19  Grey  Fox 

10  Red  Squirrel 

20  Polar  Bear 

Total  Royalty  Paid 


2.  Other  than  Ontario  pelts  and  ranch  raised  fur,  exempt  from  royalty: 


Signature  of  Issuer 


Date  Received  by  Dealer 


Date  Delivered  by  Dealer    Signature  of  Dealer 


This  licence  shall  be  mailed  to  the  Ministry  upon  the  completion  of  the  tanning  or 
treating  of  the  pelts  listed  but  not  later  than  3  months  from  the  date  of  issue. 
This  licence  expires  with  the  90th  day  after  the  date  on  which  it  is  issued. 

Not  Transferable 

O.  Reg.  443/77.  Form  7. 


908  GAME  AND  FISH  Reg.  415 

Form  8 

Ministry  of  Fur  Buyer's 

Natural  Restricted  Licence  No. 

Resources  Licence 

I'i.... 

Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  this  licence  is  issued  to: 


Name  of  Licensee 


Address 


to  purchase  for  personal  use  the  following  pelts; 


This  Licence  expires  with  the  30th  day  after  the 
date  on  which  it  is  issued. 


Date  of  Issue 


Signature  of  Issuer  Signature  of  Licensee 


O.  Reg.  443/77,  Form  8. 


Reg.  415 


GAME  AND  FISH 


909 


Ministry  of 

Natural 

Resources 


Form  9 

Export  Licence  for 
Fur-Bearing  Animals  or 
Their  Pelts 
19.... 


C.B.   No. 


Receipt  No. 


Date  Issued 


Dated  at 


Licence  No. 


Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  this  licence  to  export 
fur-bearing  animals  or  their  pelts  is  issued  to: 


Name 


Address 


Holder       Trapper 's Assigned  Number 
of 


I  I 


Dealer's  Assigned 
Number 


JL_I_L_i 


Fur  Bxiycr's  Restricted 
Licence  Number 


Name  of  Carrier 


Address  of  Carrier 


is  authorized  to  accept  for  export  from  Ontario,  to 


Name  of  Consignee 


Address  of  Consignee 


1.     Ontario  Wild  Fur-bearers 


Species 

Quantity 

Royalty 
Rate 

Royalty 
Paid 

01  Beaver 

02  Mink 

03  Marten 

04  Otter 

05  Fisher 

06  Lynx 

07  Bobcat 

08  Muskrat 

09  Raccoon 

10  Red  Squirrel 

Species 

Quantity 

Royalty 
Rate 

Royalty 
Paid 

11  Weasel 

12  Coloured  Fox 

13  Arctic  Fox 

14  Timber  Wolf 

15  Coyote 

16  Black  Bear 

17  Wolverine 

18  Skunk 

19  Grey  Fox 

20  Polar  Bear 

Total   Royalty  Paid 


2,     Other  than  Ontario  pelts  and  ranch  raised  fur,  exempt  from  royalty: 


This   licence  expires   with  the  30th  day  after  the  date  on 
which   it  is   issued. 


Signature  of  Issuer 


Way-Bill  No.    (if  applicable)     Date 


Place 


Signature  of  Shipping  Agent 


Important:  This  licence  should  be  attached  to  way-bill  covering  shipment  and  sent  through 

to  destination.  At  its  destination,  the  receiving  agent  will  return  this  copy  to  the 

Ministry  of  Natural  Resources,  Wildlife  Branch,  Whitney  Block,  Queen's  Park,  Toronto, 

Ontario,  M7A  1W3. 

When  shipment  is  for  export  to  a  Foreign  Country  this  licence  will  be  returned  by  the 

Messenger  or  the  Agent  at  point  of  export. 

If  pelts  are  mailed  by  parcel  post  the  sender  must  obtain  from  the  Postmaster  a  stamp 

showing  the  date  and  the  point  of  mailing  on  this  copy  and  send  it  to  the  Ministry  of 

Natural  Resources,  Wildlife  Branch,  Whitney  Block,  Queen's  Park,  Toronto,  Ontario,  M7A  1W3. 


Not  Transferable 


O.  Reg.  443/77,  Form  9. 


Reg.  416 


GAME  AND  FISH 


911 


REGULATION  416 

under  the  Game  and  Fish  Act 


GAME  BIRD  HUNTING  PRESERVES 

1. — (1)  A  licence  to  own  or  operate  a  game  bird 
hunting  preserve  shall  be  in  Form  1  and  shall  be 
valid  for  the  species  designated  therein. 

(2)  An  application  for  a  licence  in  Form  1  shall 
be  in  Form  2. 

(3)  The  fee  payable  for  a  licence  in  Form  1  is 
SIOO.     R.R.O.  1970,  Reg.  368,  s.  1  (1-3). 

(4)  A  licence  in  Form  1  expires  with  the  31st  day  of 
.August  next  following  the  date  of  issue.  O.  Reg.  733/ 
79,  s.  1. 

(5)  The  Minister  or  a  person  designated  by  him 
may  consent  in  writing  to  the  transfer  of  a  licence 
in  Form  1  upon  such  terms  and  conditions  as  the 
Minister  considers  proper.  R.R.O.  197X),  Reg.  368, 
s.  1  (5). 

2.  No  licence  in  Form  1  shall  be  issued, 

(a)  where  the  issuance  of  the  licence  would 
result  in  the  licensing  of  more  than  600 
acres  of  land  in  a  concession  of  a  township ; 
or 

(b)  for  any  land  that  is  situate  within  1320 
feet  of  another  licensed  game  bird  hunting 
preserve.     R.R.O.  1970,  Reg.  368,  s.  2. 

3. — (1)  A  game  bird  hunting  preserve  shall  be  not 
less  than  100  acres  and  not  more  than  600  acres  in 
area. 

(2)  Subsection  (1)  does  not  apply  to  an  island  wholly 
owned  by  the  holder  of  a  licence  in  Form  1  or  an 
Indian  reserve.     R.R.O.  1970,  Reg.  368,  s.  3. 


4. — (1)  Bobwhite  quail,  pheasants  and  wild  turkeys 
on  a  game  bird  hunting  preserve  may  be  hunted  at  any 
time  of  the  year.     O.  Reg.  733/79,  s.  2. 

(2)  Any  regulations  under  the  Act  that  limit  the 
hours  during  which  bobwhite  quail,  pheasants  or 
wild  turkeys  may  be  hunted  and  limit  the  number  or 
sex  of  bobwhite  quail,  pheasants  or  wild  turkeys 
that  may  be  hunted  in  one  day  or  possessed  by/ 
any  person  do  not  apply  to  bobwhite  quail, 
pheasants  or  wild  turkeys  hunted  on  a  game  bird 
hunting  preserve.     O.  Reg.  1034/75,  s.  I,  part. 

5. — (1)  No  person  shall  remove  from  a  game  bird 
hunting  preserve  a  bobwhite  quail,  pheasant  or  wild 


turkey  that  does  not  have  attached  to  the  underside  of  a 
wing  a  sealed  serially  numbered  wing-tag  furnished  by 
the  Ministry  of  Natural  Resources.  O.  Keg.  733/79, 
s.  3. 

(2)  The  fee  payable  for  each  wing-tag  furnished  by 
the  Ministry  of  Natural  Resources  is  5  cents.  R.R.O. 
1970,  Reg.  368,  s.  6  (2). 


Form  1 

Game  and  Fish  Act 

LICENCE  TO  OWN  OR  OPERATE  A 

GAME  BIRD  HUNTING  PRESERVE 

19... 

Under  the  Game  and  Fish  Act  and  the  regulations, 
and  subject  to  the  limitations  thereof,  this  licence  is 
granted  to 


of 


to  own  or  operate  a  game  bird  hunting  preserve  on  the 
following  lands: 


This  licence  is  valid  for  the  following  species: 

♦bobwhite  quail 

*pheasant 

*wild  turkey 

This  licence  expires  with  the  3 1st  day  of  August  next 
following  the  date  of  issue. 

(signature  of  issuer) 

(date) 


*Strike  out  if  not  applicable. 

O.  Reg.  733/79,  s.  4,  part. 


912 


GAME  AND  FISH 


Reg.  416 


Form  2 

Game  and  Fish  Act 

APPLICATION  FOR  A  LICENCE  TO 
OWN  OR  OPERATE  A  GAME 
BIRD  HUNTING  PRESERVE 

Under  the  Game  and  Fish  Act  and  the  regulations, 
and  subject  to  the  limitations  thereof, 

(print  full  name,  surname  preceding) 


of 


(post  office  address) 


makes  application  for  a  licence  to  own  or  operate  a 
game  bird  hunting  preserve  on  the  following  lands: 

(part)  Lot Concession  or  Plan in  the 

Township  of 

County  (or  as  the  case  may  be) 

and  more  particularly  described  in  Instrument  No.  .  . 

for  the of 

containing hectares. 

Are  bobwhite  quail  to  be  propagated  by  the  applicant? 

D  Yes  D  No 


Are  pheasants  to  be  propagated  by  the  applicant? 

D  Yes  D  No 

Are  wild  turkeys  to  be  propagated  by  the  applicant? 

D  Yes  D  No 

Are  bobwhite  quail  to  be  imported  by  the  applicant 
from  outside  the  Province  of  Ontario? 


D  Yes 


DNo 


Are  pheasants  to  be  imported  by  the  applicant  from 
outside  the  Province  of  Ontario? 


D  Yes 


DNo 


Are  wild  turkeys  to  be  imported  by  the  applicant  from 
outside  the  Province  of  Ontario? 

D  Yes  D  No 

Dated  at in  the 


of. 


this day  of 


19.... 


(signature  of  applicant) 
O.  Reg.  733/79,  s.  4,  paH. 


Reg.  417 


GAME  AND  FISH 


913 


REGULATION  417 

under  the  Game  and  Fish  Act 


GUIDES 

1.  The  parts  of  Ontario  described  in  Schedules  1, 
2  and  3  are  designated  as  areas  in  which  no  person 
shall  act  as  a  guide  except  under  the  authority  of  a 
licence.     R.R.O.  1970,  Reg.  369.  s.  1. 

2. — (1)  A  licence  to  act  as  a  guide  shall  be  in  Form 
1  and  the  fee  therefor  is  $2. 

(2)  A  licence  in  Form  1  expires  with  the  31st  day 
of  December  in  the  year  in  respect  of  which  it  is 
issued.     R.R.O.  1970,  Reg.  369,  s.  2. 

(3)  No  hcence  in  Form  1  shall  be  issued  to  a 
non-resident.    O.  Reg.  516/78,  s.  1. 

3.  The  part  of  Ontario  described  in  Schedule  1  is 
designated  as  an  area  in  which  no  non-resident  shall 
hunt  deer  or  mcose  without  employing  or  being 
accompanied  by  a  hcensed  guide.  R.R.O.  1970 
Reg.  369,  s.  3. 

Schedule  1 

The  Territorial  District  of  Rainy  River.  R.R.O. 
1970,  Reg.  369,  Sched.  1. 

Schedule  2 
Lake  St.  Clair.     R.R.O.  1970,  Reg.  369.  Sched.  2. 

Schedule  3 

All  that  part  of  the  Province  of  Ontario  lying 
north  of  latitude  51°  north  and  east  of  longitude 
83""  west  in  the  Territorial  District  of  Cochrane 
and  in  the  Patricia  Portion  of  the  Territorial 
District  of  Kenora.  R.R.O.  1970,  Reg.  369, 
Sched.  3. 


Form  1 

Game  and  Fish  Act 
No.. 


GUIDE  LICENCE 

19.... 

Fee  $2.00  Identification 

Age 
Height 
Weight 
Colour  of  hair 
Colour  of  eyes 

Under  the  Game  and  Fish  Act  and  the  regulations, 
and  subject  to  the  limitations  thereof,  this  licence 

is  granted  to 

of 

to  act  as  a  guide. 

This  licence  expires  with  the  31st  day  of  December, 

19.... 

Signature  of  Issuer 

Signature  of  Licensee 

Date 

R.R.O.  1970,  Reg.  369,  Form  1. 


Reg.  418  GAME  AND  FISH  915 

REGULATION  418 

under  the  Game  and  Fish  Act 

HUNTER  SAFETY  TRAINING  COURSE 

1.  The  Minister  may  appoint  as  a  hunting  instructor  any  person  who,  in  the  opinion  of  the  Minister, 
is  competent  to  conduct  a  course  determined  by  the  Minister  in  the  safe  handling  of  fire-arms.  R.R.O. 
1970,  Reg.  370,  s.  1. 

2. — (1)  A  hunting  instructor  shall  give  to  any  person  who  applies  to  the  hunting  instructor  therefor 
feuch  course  in  the  safe  handling  of  fire-arms  as  is  determined  by  the  Minister. 

(2)  The  course  shall  be  given  at  such  times  and  in  such  places  as  the  hunting  instructor  determines. 
R.R.O.  1970,  Reg.  370,  s.  2. 

3.  Upon  completion  of  a  course  by  a  candidate,  the  hunting  instructor  shall  issue  a  certificate 
certifying  that  the  candidate  has  completed  the  course.     R.R.O.  1970,  Reg.  370,  s.  3. 


Reg.  419 


GAME  AND  FISH 


917 


REGULATION  419 

under  the  Game  and  Fish  Act 


HUNTING  IN  LAKE  SUPERIOR 
PROVINCIAL  PARK 

1.  In  this  Regulation  "hunting  in  a  party"  means 
hunting  in  a  party  of  two  or  three  persons  who  each 
have  a  valid  licence  to  hunt  moose  who  have  agreed  to 
hunt  moose  co-operatively  during  a  period  in  an  area 
that  can  reasonably  be  hunted  by  such  persons  during 
the  period  so  that  the  intended  objective  of  the  hunt  can 
be  achieved.     O.  Reg.  1028/80,  s.  1. 

2. — (1)  The  holder  of  a  licence  in  Form  3  or  8  of 
Regulation  420  of  Revised  Regulations  of  Ontario, 
1980  may  hunt  moose  only  while  hunting  in  a  party 
from  the  18th  day  of  October  to  the  31st  day  of 
October,  both  inclusive,  in  the  year  1981,  in  that  part 
of  Lake  Superior  Provincial  Park  described  in  the 
Schedule  and  may  possess  or  use  a  fire-arm  for  the 
purpose. 

(2)  Not  more  than  one  moose  shall  be  taken  or  pos- 
sessed by  persons  hunting  in  a  party. 

(3)  Where  a  moose  is  killed  by  a  person  hunting  in  a 
party,  there  shall  be  attached  forthwith  to  the  tendon  of 
one  of  the  hind  legs  of  the  moose, 

(a)  the  seal  provided  with  the  licence  to  hunt 
moose  held  by  such  person;  and 


(b)  the  seal  provided  with  the  licence  to  hunt 
moose  held  by  any  one  of  the  other  persons 
hunting  in  a  party. 

(4)  The  seals  attached  to  the  hind  leg  of  the  moose  in 
accordance  with  subsection  (3)  shall  be  kept  attached 
to  the  moose  in  the  manner  prescribed  while  the  moose 
is  being  transported.     O.  Reg.  1028/80,  s.  2. 

3.  The  holder  of  a  licence  in  Form  S  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1980  may  hunt 
ruffed  grouse,  spruce  grouse,  sharp-tailed  grouse  and 
rabbit  from  the  18th  day  of  October  to  the  15th  day  of 
December,  both  inclusive,  in  the  year  1981,  in  that 
part  of  Lake  Superior  Provincial  Park  described  in  the 
Schedule  and  may  possess  or  use  a  fire-arm  for  the 
purpose.     O.  Reg.  1028/80,  s.  3. 


Schedule 

All  that  part  of  Lake  Superior  Provincial  Park  in  the 
Territorial  District  of  Algoma  lying  easterly  of  that  part 
of  the  King's  Highway  known  as  No.  17  and  northerly 
of  the  southerly  boundary  of  the  geographic  townships 
of  Brimacombe  and  Broome.  O.  Reg.  1028/80, 
Sched. 


Reg.  420 


GAME  AND  FISH 


919 


REGULATION  420 


under  the  Game  and  Fish  Act 


HUNTING  LICENCES 

ISSUANCE 
1. — (1)  A  licence  issued  to  a  resident, 

(a)  to  hunt  deer  shall  be  in  Form  1; 

(b)  who  is  a  farmer  to  hunt  deer  in  the  county, 
territorial  district,  regional  municipality  or 
district  municipality,  as  the  case  may  be,  in 
which  he  resides  shall  be  in  Form  2; 

(c)  to  hunt  moose  shall  be  in  Form  3; 

id)  to  hunt  black  bear  shall  be  in  Form  4;  and 

(e)  to  hunt  animals  and  birds,  other  than  bear, 
caribou,  elk,  deer,  moose,  badger,  beaver, 
bobcat,  fisher,  lynx,  marten,  mink,  muskrat, 
otter,  red  squirrel  or  wolverine  shall  be  in 
Form  5. 

(2)  A  licence  issued  to  a  non-resident, 

(a)  to  hunt  fox,  game  birds,  rabbits,  raccoon, 
squirrel  (other  than  red  squirrel)  and  wolf 
shall  be  in  Form  5; 

{b)  to  hunt  deer  shall  be  in  Form  7; 

(c)  to  hunt  moose  shall  be  in  Form  8; 

(d)  to  hunt  black  bear  shall  be  in  Form  9. 

(3)  A  licence  issued  to  a  hunt  club  recognized  by  or 
registered  with  the  Masters  of  Foxhounds  Association 
of  America  Incorporated  that  authorizes  the  members 
thereof  to  hunt  fox  shall  be  in  Form  10.  O.  Reg  448/ 
80,  s.  1. 

2. — (1)  A  licence  in  Form  1,  2  or  7  is  not  valid  for 
hunting  deer  with  a  bow  and  arrow  unless  there  is 
affixed  thereto  a  tag  in  Form  1 1 . 

(2)  A  licence  in  Form  1  or  2  is  not  valid  for  hunting 
deer  that, 

(a)  do  not  have  antlers;  or 

(b)  have  antlers  both  of  which  are  less  than  7.5 
centimetres  in  length, 

unless  there  is  affixed  thereto  a  tag  furnished  by  the 
Ministry  of  Natural  Resources. 

(3)  A  licence  in  Form  7  is  not  valid  for  hunting  deer 

that, 


(a)  do  not  have  antlers;  or 

(b)  have  antlers  both  of  which  are  less  than  7.5 
centimetres  in  length. 

(4)  Notwithstanding  clause  13  (2)  (a),  a  licence  in 
Form  5  issued  to  a  resident  is  valid  for  hunting  in  the 
Southern  Region  during  the  period  from  the  1st  day  of 
April  to  the  31st  day  of  August,  both  inclusive,  in  any 
year,  if  there  is  affixed  thereto  a  tag  in  Form  12. 

(5)  A  licence  in  Form  5  issued  to  a  resident  is  not 
valid  for  hunting  raccoon  at  night  unless  there  is  affixed 
thereto  a  tag  in  Form  13. 

(6)  A  licence  in  Form  5  issued  to  a  non-resident  is  not 
valid  unless  there  is  affixed  thereto  a  tag  in  Form  6  or  14 
and  in  no  case  is  valid  for  hunting  raccoon  at  night. 
O.  Reg.  448/80,  s.  2. 

3. — (1)  A  tag  in  Form  11  authorizes  the  holder  of  a 
licence  in  Form  1,  2  or  7  to  hunt  deer  with  a  bow  and 
arrow. 

(2)  Subject  to  subsection  (3),  a  tag  in  Form  12 
authorizes  a  resident  who  is  the  holder  of  a  licence  in 
Form  5  to  hunt  during  the  period  from  the  1st  day  of 
April  to  the  31st  day  of  August,  both  inclusive,  in  any 
year. 

(3)  A  tag  in  Form  12  is  not  required  by  a  resident  who 
is  the  holder  of  a  licence  in  Form  5  to  hunt  game  birds  on 
a  game  bird  hunting  preserve. 

(4)  A  tag  in  Form  13  authorizes  a  resident  who  is  the 
holder  of  a  licence  in  Form  5  to  hunt  raccoon  at  night. 

(5)  A  tag  in  Form  6  authorizes  a  non-resident  who  is 
the  holder  of  a  licence  in  Form  5  to  hunt  fox,  game 
birds,  squirrel  (other  than  red  squirrel)  and  wolf  and 
game  birds  on  a  game  bird  hunting  preserve. 

(6)  A  tag  in  Form  14  authorizes  a  non-resident  who  is 
the  holder  of  a  licence  in  Form  5  to  hunt  only  game  birds 
on  a  game  bird  hunting  preserve.     O.  Reg.  448/80,  s.  3. 

4. —  (1)  A  licence  that  authorizes  a  resident  to  use  a 
dog  while  hunting  raccoon  at  night  shall  be  in  Form  15. 

(2)  A  licence  that  authorizes  the  use  of  a  dog  while 
hunting  deer  or  moose  shall  be  in  Form  16.     O.  Reg. 

448/80,  s.  4. 

5.  A  licence  issued  under  section  53  or  7 1  of  the  Act 
shall  be  in  Form  17.     O.  Reg.  448/80,  s.  5. 


920 


GAME  AND  FISH 


Reg.  420 


6. — (1)  The  Minister  may  appoint  as  an  examiner 
any  employee  of  the  Ministry  of  Natural  Resources 
who,  in  the  opinion  of  the  Minister,  is  competent  to 
examine  an  applicant  who  has  not  previously  been 
issued  a  hunting  licence  by  a  competent  authority  in 
any  jurisdiction  on  such  applicant's  knowledge  of 
hunter  safety,  game  laws,  game  identification  and  his 
ability  in  the  safe  handling  of  fire-arms,  and,  upon  the 
applicant's  successful  completion  of  the  examination, 
the  applicant  shall  be  issued  with  a  certificate  by  the 
examiner. 

(2)  An  examination  shall  be  held  at  such  time  and 
place  as  the  examiner  determines. 

(3)  The  fee  for  an  examination  is  $3. 

(4)  An  application  for  an  examination  shall  be  in 
Form  18. 

(5)  Where  an  applicant  for  an  examination  is  under 
the  age  of  twenty  years,  he  shall  file  with  his  application 
a  certificate  issued  to  him  by  a  hunting  instructor  under 
section  3  of  Regulation  418  of  Revised  Regulations  of 
Ontario,  1980.     O.  Reg.  448/80,  s.  6. 

7. — (1)  A  hunting  licence  verification  certificate  or  a 
duplicate  examiner's  certificate  shall  be  in  Form  19. 

(2)  An  application  for, 

(a)  a  hunting  licence  verification  certificate; 

(b)  a  duplicate  hunting  licence; 

(c)  a  new  badge;  or 

(d)  a  duplicate  examiner's  certificate, 

shall  be  in  Form  20  and  the  fee  therefor  is  $3.50. 
O.  Reg.  448/80,  s.  7. 

8. — (1)  An  application  for  a  licence  in  Form  1,  3,  4, 
5,  7,  8  or  9  shall  be  in  Form  21,  shall  be  signed  in  the 
presence  of  the  person  issuing  the  licence,  and 

(a)  where  the  applicant  has  not  previously  been 
issued  a  hunting  licence  by  a  competent 
authority  in  any  jurisdiction,  shall  be  sup- 
ported by  a  certificate  issued  to  him  after  the 
1st  day  of  January,  1968  by  an  examiner;  and 

(b)  where  the  applicant  has  been  issued  a  hunting 
licence  by  a  competent  authority  in  any  juris- 
diction, shall  be  supported  by, 

(i)  the  production  of  the  hunting  licence, 
or 

(ii)  a  certificate  issued  to  him  after  the  1st 
day  of  January,  1968  by  an  examiner, 
or 

(ill)  a  hunting  licence  verification  certifi- 
cate. 


(2)  An  application  for  a  licence  in  Form  2  shall  be  in 
Form  22,  shall  be  signed  in  the  presence  of  the  person 
issuing  the  licence,  and 

(a)  where  the  applicant  has  not  previously  been 
issued  a  hunting  licence  by  a  competent 
authority  in  any  jurisdiction,  shall  be  sup- 
ported by  a  certificate  issued  to  him  after  the 
1st  day  of  January,  1968  by  an  examiner;  and 

{b)  where  the  applicant  has  been  issued  a  hunting 
licence  by  a  competent  authority  in  any  juris- 
diction shall  be  supported  by, 

(i)  the  production  of  the  hunting  licence, 
or 

(ii)  a  certificate  issued  to  him  after  the  1st 
day  of  January,  1968  by  an  examiner. 


(iii)  a  hunting  licence  verification  certifi- 
cate. 

(3)  A  licence  in  Form  1 ,  2 ,  3 ,  4  or  5  may  be  issued  to  a 
person  who  is  fifteen  years  of  age  if  he  files, 

(a)  a  consent  signed, 

(i)  where  he  resides  with  his  parents  by 
both  parents,  and 

(ii)  in  all  other  cases  by  his  parent  or  by  the 
person  who  has  custody  of  him;  and 

(b)  a  certificate  issued  to  him  by  an  examiner;  or 

(c)  a    hunting    licence    verification    certificate. 
O.  Reg.  448/80,  s.  8. 

9. — ( 1)  The  holder  of  a  licence  in  Form  1 ,  2  or  7  shall 
attach  to  the  head  of  a  deer  the  seal  provided  with  the 
licence  by  affixing  the  seal  to  the  cartilage  separating 
the  nostrils  immediately  after  the  deer  has  been  killed 
and  at  the  site  where  it  was  killed  and  he  shall  keep  the 
seal  attached  thereto  while  the  deer  is  being  trans- 
ported. 

(2)  Except  as  otherwise  provided  in  the  regulations, 
the  holder  of  a  licence  in  Form  3  or  8  shall  attach  to  the 
tendon  of  one  of  the  hind  legs  of  a  moose  the  seal 
provided  with  the  licence  immediately  after  the  moose 
has  been  killed  and  at  the  site  where  it  was  killed  and  he 
shall  keep  the  seal  attached  thereto  while  the  moose  is 
being  transported. 

(3)  The  holder  of  a  licence  in  Form  4  or  9  shall  attach 
to  the  carcass  of  a  bear  the  seal  provided  with  the  licence 
immediately  after  the  bear  has  been  killed  and  at  the  site 
where  it  was  killed  and  he  shall  keep  the  seal  attached 
thereto  while  the  bear  is  being  transported.  O.  Reg. 
1027/80,  s.  1. 

(4)  The  seal  provided  with  a  licence  in  Form  1,  2,  3, 
4,  7,  8  or  9  expires  with  the  fourth  day  after  the  close  of 
the  open  season.     O.  Reg.  448/80,  s.  9  (4). 


Reg.  420 


GAME  AND  FISH 


921 


10. — (1)  Subject  to  subsection  (2),  the  holder  of  a 
licence  in  Form  1,  2  or  5  shall  not, 

(a)  carry  or  use  a  rifle  of  greater  calibre  or  projec- 
tile power  than  the  rifle  known  as  a .  2  2-calibre 
low-powered  rifle;  or 

(b)  while  hunting  with  a  shotgun  have  in  his  gun 
or  on  his  person  any  shotgun  shells  loaded 
with  ball  or  with  shot  larger  than  number  two 
shot, 

in  an  area  during  an  open  season  for  moose  in  that  area. 

(2)  The  holder  of  a  licence  in  Form  1  or  2  may  do 
any  of  the  acts  prohibited  by  subsection  (1)  in  an  area 
during  an  open  season  for  deer  and  moose  in  that  area. 

(3)  Subject  to  subsection  (4),  the  holder  of  a  licence 
in  Form  3  or  5  shall  not, 

(a)  carry  or  use  a  rifle  of  greater  calibre  or  projec- 
tile power  than  the  rifle  known  as  a .  2  2-calibre 
low-powered  rifle;  or 

(b)  while  hunting  with  a  shotgun  have  in  his  gun 
or  on  his  person  any  shotgun  shells  loaded 
with  ball  or  with  shot  larger  than  number  two 
shot, 

in  an  area  during  an  open  season  for  deer  in  that  area. 
O.  Reg.  448/80,  s.  10(1-3). 

(4)  The  holder  of  a  licence  in  Form  3  may  do  any  of 
the  acts  prohibited  by  subsection  (3)  in  an  area  during 
an  open  season  for  deer  and  moose  in  that  area. 

O.  Reg.  448/80,  s.  10  (4);  O.  Reg.  767/80,  s.  1. 

(5)  The  holder  of  a  licence  in  Form  4  shall  not, 

(a)  carry  or  use  a  rifle  of  greater  calibre  or  projec- 
tile power  than  the  rifle  known  as  a  .22-calibre 
low-powered  rifle;  or 

(6)  while  hunting  with  a  shotgun  have  in  his  gun 
or  on  his  person  any  shotgun  shells  loaded 
with  ball  or  with  shot  larger  than  number  two 
shot, 

in  an  area  during  an  open  season  for  deer  or  moose  in 
that  area,  unless  he  has  a  valid  licence  to  hunt  deer  or 
moose  in  that  area. 

(6)  The  holder  of  a  licence  in  Form  7  shall  not, 

(a)  carr>'  or  use  a  rifle  of  greater  calibre  or  projec- 
tile power  than  the  rifle  known  as  a  .22-calibre 
low-powered  rifle;  or 

(b)  while  hunting  with  a  shotgun  have  in  his  gun 
or  on  his  person  any  shotgun  shells  loaded 
with  ball  or  with  shot  larger  than  number  two 
shot, 

in  an  area  during  an  open  season  for  moose  in  that  area, 
unless  there  is  in  addition  to  an  open  season  for  moo.se, 
an  open  season  for  deer  in  that  area  that  is  not  restricted 
to  residents. 


(7)  The  holder  of  a  licence  in  Form  8  shall  not, 

(a)  carry  or  use  a  rifle  of  greater  calibre  or  projec- 
tile power  than  the  rifle  known  as  a  .22-calibre 
low-powered  rifle;  or 

(b)  while  hunting  with  a  shotgun  have  in  his  gun 
or  on  his  person  any  shotgun  shells  loaded 
with  ball  or  with  shot  larger  than  number  two 
shot, 

in  an  area  during  an  open  season  for  deer  in  that  area, 
unless  there  is  in  addition  to  an  open  season  for  deer,  an 
open  season  for  moose  in  that  area  that  is  not  restricted 
to  residents. 

(8)  The  holder  of  a  licence  in  Form  9  shall  not, 

(a)  carry  or  use  a  rifle  of  greater  calibre  or  projec- 
tile power  than  the  rifle  known  as  a  .22-calibre 
low-powered  rifle;  or 

(6)  while  hunting  with  a  shotgun  have  in  his  gun 
or  on  his  person  any  shotgun  shells  loaded 
with  ball  or  with  shot  larger  than  number  two 
shot, 

in  an  area  during  an  open  season  for  deer  or  moose  in 
that  area,  unless  he  has  a  valid  licence  to  hunt  deer  or 
moose  in  that  area. 

(9)  The  holder  of  a  licence  in  Form  5  shall  not  carry 
or  use  a  rifle  of  greater  calibre  than  the  rifle  known  as  a 
.275-calibre  rifle,  except  a  flint  lock  or  percussion  cap 
muzzle  loading  rifle,  in  the  counties  of  Brant,  Elgin, 
Essex,  Huron,  Kent,  Lambton,  Middlesex,  Northum- 
berland, Oxford,  Perth  and  Wellington,  the  regional 
municipalities  of  Durham,  Haldimand-Norfolk,  Hal- 
ton,  Hamilton- Wentworth,  Niagara,  Peel,  Waterloo 
and  York  and  The  Municipality  of  Metropolitan 
Toronto. 

(10)  No  person  shall  use  a  rifle  known  as  a  rim-fire 
rifle,  a  shotgun  smaller  than  20  gauge  when  loaded  with 
shot  or  any  shotgun  loaded  with  shot  smaller  than  SG  or 
number  1  buck  for  the  purpose  of  hunting  bear, 
caribou,  deer,  elk  or  moose. 

(11)  The  holder  of  a  licence  that  authorizes  him  to 
hunt  raccoon  at  night  shall  not  carry  or  use  a  rifle  of 
greater  calibre  or  projectile  power  than  the  rifle  known 
as  a  .22-calibre  low-powered  rifle  when  hunting  rac- 
coon.    O.  Reg.  448/80,  s.  10(5-11). 

(12)  The  holder  of  a  licence  that  authorizes  him  to 
hunt  raccoon  at  night  shall  not  have  in  his  possession 
while  in  a  vehicle  or  vessel  a  fire-arm  unless  it  is 
unloaded  and  encased.     O.  Reg.  648/80,  s.  1. 

11.  Notwithstanding  section  10,  where  there  is  an 
open  season  for  hunting  deer  with  a  bow  and  arrow 
only,  in  a  part  of  Ontario  lying  south  of  the  French  and 
Mattawa  rivers,  the  holder  of  a  licence  in  Form  5  may 
carry  or  use. 


922 


GAME  AND  FISH 


Reg.  420 


(a)  a  rifle  of  greater  calibre  or  projectile  power 
than  the  rifle  known  as  a  .22-calibre  low- 
powered  rifle;  or 

(b)  a  shotgun  loaded  with  ball  or  with  shot  larger 
than  number  two  shot, 

to  hunt  game  that  the  licence  authorizes,  provided  that 
there  is  an  open  season  therefor.  O  Reg.  448/80, 
s.  11. 

12. — (1)  No  person  shall, 
(a)  take  or  capture  a  fox; 
0)  possess  or  use  a  fire-arm;  or 

(c)  use  or  be  accompanied  by  less  than  twelve  or 
more  than  fifty  dogs, 

while  hunting  under  the  authority  of  a  licence  in  Form 
10. 

(2)  It  is  a  condition  of  a  licence  in  Form  10  that  not 
less  than  three  persons  and,  subject  to  subsection  18  (4) 
of  the  Act,  not  more  than  125  persons  shall  hunt  at  one 
time  under  the  authority  of  the  licence.  O.  Reg.  448/ 
80,  s.  12. 


EXPIRY  OF  LICENCES  AND  TAGS 

13. — (1)  A  licence  in  Form  1,  2,3,4,  7,  8,  9,  16  or  17 
expires  with  the  31st  day  of  December  next  following 
the  date  on  which  it  is  issued. 

(2)  Except  as  otherwise  provided  herein,  a  licence  in 
Form  5  issued  to  a  resident  is  valid  only, 

(a)  from  the  1st  day  of  September  to  and  includ- 
ing the  31st  day  of  March  next  following  in 
that  part  of  Ontario  described  in  Schedule  1 
and  referred  to  as  the  Southern  Region;  and 

(b)  from  the  1st  day  of  September  to  and  includ- 
ing the  15th  day  of  June  next  following  in  any 
part  of  Ontario  described  in  Schedule  2  and 
referred  to  as  the  Northern  Region. 

(3)  Except  as  otherwise  provided  herein,  a  licence  in 
Form  5  issued  to  a  non-resident  is  valid  only  from  the 
1st  day  of  September  to  and  including  the  last  day  of 
February  next  following. 

(4)  Notwithstanding  subsection  (2"),  a  licence  in 
Form  5  issued  to  a  resident  is  valid  to  hunt  game  birds 
on  a  game  bird  hunting  preserve  from  and  including 
the  1st  day  of  September  to  and  including  the  31st  day 
of  August  next  following. 

(5)  Notwithstanding  subsection  (3),  a  licence  in 
Form  5  issued  to  a  non-resident  is  valid  to  hunt  game 
birds  on  a  game  bird  hunting  preserve  from  and 


including  the  1st  day  of  September  to  and  including 
the  31st  day  of  August  next  following,  if  there  is 
affixed  thereto  a  tag  in  Form  6  or  14. 

(6)  A  licence  in  Form  10  is  valid  only  from  and 
including  the  1st  day  of  April  to  and  including  the  31st 
day  of  December  next  following. 

(7)  A  licence  in  Form  15  is  valid  only  from  and 
including  the  1st  day  of  September  to  and  including  the 
last  day  of  February  next  following.  O.  Reg.  448/80, 
s.  13. 

14.  Notwithstanding  subsection  13  (1)  and  except  as 
otherwise  provided  in  the  regulations,  a  licence  in 
Form  1,  2,  3,  4,  7,  8  or  9  expires  when  the  seal  pro- 
vided therewith  is  attached  to  the  carcass  of  a  bear, 
deer  or  moose,  as  the  case  may  be.  O.  Reg.  448/80, 
s.  14. 

15. — (1)  A  tag  in  Form  6  or  13  is  valid  from  and 
including  the  1st  day  of  September  to  and  including  the 
last  day  of  February  next  following. 

(2)  Notwithstanding  subsection  (1),  a  tag  in  Form  6  is 
valid  to  hunt  game  birds  on  a  game  bird  hunting  pre- 
serve from  and  including  the  1st  day  of  September  to 
and  including  the  31st  day  of  August  next  following. 

(3)  A  tag  in  Form  11  expires  with  the  31st  day  of 
December  next  following  the  date  on  which  it  is  issued. 

(4)  A  tag  in  Form  12  is  valid  from  and  including  the 
1st  day  of  April  to  the  3 1st  day  of  August  in  the  part  of 
Ontario  described  in  Schedule  1  and  known  as  the 
Southern  Region. 

(5)  A  tag  in  Form  14  is  valid  from  and  including  the 
1st  day  of  September  to  and  including  the  31st  day  of 
August  next  following.     O.  Reg.  448/80,  s.  15. 


16. — (1)  Subject  to  subsection  (2),  a  licence  in  Form 
1,  2  or  7  is  not  valid  for  hunting  deer  on  Barrie  Island 
or  Manitoulin  Island  in  the  Territorial  District  of 
Manitoulin,  unless  the  licence  has  attached  to  it  a  con- 
sent, 

(a)  in  a  form  furnished  by  the  Ministry  of  Natural 
Resources;  and 

(b)  signed  by  the  owner  of  the  land  on  any  such 
island  on  which  the  holder  of  the  licence  is 
hunting  deer. 

(2)  Subsection  (1)  does  not  apply  to  a  licence  men- 
tioned therein  where  the  holder  thereof  is  the  owner  of 
land  and  he  hunts  on  his  own  land.  O.  Reg.  448/80, 
s.  16. 


Reg.  420 


GAME  AND  FISH 


923 


1 7.  A  licence  in  Form  S  issued  to  a  non-resident  is  not 
valid  for  hunting  rabbits  in  the  County  of, 

(a)  Essex,  except  the  Township  of  Pelee; 

(b)  Kent;  or 

(c)  Lambton.     O.  Reg.  448/80,  s.  17. 

LICENCE  AND  TAG  FORMS 

18.  The  fee  for  a  licence  or  tag  in  a  Form  in  column  1 
of  Schedule  3  is, 

(a)  the  fee  in  column  2;  and 

(b)  the  issuing  fee  in  column  3, 

set  opposite  thereto.     O.  Reg.  448/80,  s.  18;  O.  Reg. 

767/80,  s.  2. 

Schedule  1 
SOUTHERN  REGION 
That  part  of  Ontario  described  as  follows: 


1.  The  counties  of  Brant,  Bruce,  Dufferin,  Dundas, 
Elgin,  Essex,  Frontenac,  Glengarr>',  Grenville,  Grey, 
Haliburton,  Hastings,  Huron,  Kent,  Lambton, 
Lanark,  Leeds,  Lennox  and  Addington,  Middlesex, 
Northumberland,  Oxford,  Perth,  Peterborough,  Pres- 
cott,  Prince  Edward,  Renfrew,  Russell,  Simcoe,  Stor- 
mont,  Victoria,  and  Wellington. 

2.  The  regional  municipalities  of  Durham,  Hal- 
dimand-Norfolk,  Halton,  Hamilton- Wentworth, 
Niagara,  Ottawa-Carleton,  Peel,  Waterloo,  and 
York.     O.  Reg.  448/80,  Sched.  1;  O.  Reg.  767/80,  s.  3. 


Schedule  2 

NORTHERN  REGION 

Any  part  of  Ontario  other  than  that  part  described  in 
Schedule  1.     O.  Reg.  448/80,  Sched.  2. 


924 


GAME  AND  FISH 


Reg.  420 


Schedule  3 


Column 

1 

Column 
2 

Column 
3 

Form 

Fee 

Issuing 
Fee 

1 

$13.50 

$1.50 

2 

9.50 

.50 

3 

18.50 

1.50 

4 

9.50 

.50 

5 

4.50 

.50 

6 

33.50 

1.50 

7 

78.50 

1.50 

8 

198.00 

2.00 

9 

23.50 

1.50 

10 

50.00 

NIL 

11 

.50 

.50 

12 

4.50 

.50 

13 

5.00 

NIL 

14 

4.50 

.50 

15 

5.00 

NIL 

16 

4.50 

.50 

O,  Reg.  448/80,  Sched.  ,3. 


Reg.  420 


GAME  AND  FISH 


925 


Form    1 

Game  and  Fish  Act 
RESIDENT'S   LICENCE  TO  HUNT   DEER   IN   19 


Licence  Serial  Number 


Social   Insurance  Number 


Under  the  Game  and  Fish  Act  and  the 
regulations,    and  subject  to  the  limita- 
tions  thereof,    this   licence   is    issued   to 


Last   Name    (print) 


Mr. 

Mrs. 
Miss 


Licence  fee  $13.50 
issuing  fee  $  1.50 
Total    fee        $15.00 


First  Name  (print) 


Init. 


D 


Pate  of  Birth 


Year 

Konth 

Day 

Street  Address,  Apt.  No.,  P.O.  Box  or 
Rural  Route  (print) 


Postal  Code 


of 

City,  Town  or  Village  (print) 


Lot: 

Concession: 

Township  of: 

to  hunt  deer  during  the  open  season  in  19. 


This  licence  is  not  valid  for  hunting  deer  that  (a) 
do  not  have  antlers;  or  (b)  have  antlers  both  of 
which  are  less  than  7.5  centimetres  in  length 
unless  there  is  affixed  hereto  a  tag  furnished  by 
the  Ministry. 


Qualification  Produced 

Province,    State  or  Country 

year 

Serial  No. 

Height  

Weight  

Colour  of  Hair 
Colour  of  Eyes 


(signature  of  issuer) 


(date) 


(signature  of  licensee) 


926 


GAME  AND  FISH 


Reg.  420 


Form  1  (cont'd) 


Affix  any  deer-related  validation  tag  in  the  place 
provided. 

O.  Reg.  448/80,  Form  1. 


Reg.  420 


GAME  AND  FISH 


927 


Form  2 

Game  and  Fish  Act 


FARMER'S   LICENCE  TO  HUNT   DEER   IN   19, 


Social  Insurance  Number 


Licence  Serial  Number 


Under  the  Game  and  Fish  Act  amd  the 
regulations,   and  subject  to  the  limita- 
tions  thereof,    this   licence  is   issued  to 


Licence  fee  $  9.50 
Issuing  fee  0.50 
Total  fee         10.00 


Mr. 

Mrs. 

Miss 


Last  Name 

(print) 

First  Name  (print) 


Init, 


D 


Pate  of  Birth 


Year    Month  I  Day 


Street  Address,  Apt.  No.,  P.O.  Box  or 
Rural  Route  (print) 


Postal  Code 


][rn 


of 

city,  Tovm  or  Village  (print) 


a  farmer  on 


Lot: 

Concession: 

Township  of: 

Qualification  Produced 

Province,   State  or  Country 

Year 

Serial  No. 

Height  

Weight  

Colour  of  Hair 
Colour  of  Eyes 


to  hunt  deer  during  the  open  season  in  19 

in  the  county  (or  as  the  case  may  be)  in  which  he  resides. 

This  licence  is  not  valid  for  hunting  deer  that  (a) 

do  not  have  antlers;  or  (b)  have  antlers  both  of 

which  are  less  than  7.5  centimetres  in  length 

unless  there  is  affixed  hereto  a  tag  furnished  by 

the  Ministry. 


(signature  of  issuer) 


(date) 


(signature  of  licensee) 


928 


GAME  AND  FISH 


Reg.  420 


Form  2  (cont'd) 


Affix  any  deer-related  validation  tag  in  the  place 
provided. 

O.  Reg.  448/80,  Form  2. 


Reg.  420 


GAME  AND  FISH 


929 


Form  3 

Game  and  Fish  Act 


RESIDENT'S   LICENCE  TO  HUNT  MOOSE   IN    19. 


Licence  Serial  Number 


Social   Insurance  Nuinber 


Under  the  Game  and  Fish  Act  and  the 
regulations,    and  subject  to  the   limita- 
tions thereof,    this  licence  is  issued  to 


Last  Name    (print) 


Mr. 

Mrs. 

Miss 


Licence  fee  $18.50 
issuing  fee  1.50 
Total  fee         20.00 


^irst  Name    (print) 


Street  Address,  Apt.  No.,  P.O.  Box  or 
Rural  Route  (print) 


Postal  Code 


][II] 


of 

City,  Town  or  Village   (print) 


Lot: 

Concession: 

Township  of: 

Init. 


D 


to  hunt  moose  during  the  open  season  in  19. 


Pate  of  Birth 


Year 


Month 


Day 


Qualification  Produced 

Province,    State  or  Country 

Year 

Serial  No. 

Height  

Weight  

Colour  of  Hair 
Colour  of  Eyes 


(signature  of  issuer) 


(date) 


(signature  of  licensee) 


930 


GAME  AND  FISH 


Reg.  420 


Form  3  (cont'd) 


Affix  any  moose-related  validation  tag  in  the  place 
provided. 

O.  Reg.  448/80,  Form  3. 


i 


Reg.  420 


GAME  AND  FISH 


931 


Form  4 

Game  and  Fish  Act 


RESIDENT'S   LICENCE  TO  HUNT  BLACK  BEAR   IN   19. 


Licence  Serial  Number 


Social   Insurance  Number 


Under  the  Gcune  and  Fish  Act  and  the 
regulations,    and  subject  to  the  limita- 
tions thereof,    this  licence  is  issued  to 


Last  Name    (print) 


Mr. 

Mrs. 

Miss 


Licence  fee  $  9.50 
issuing  fee  0.50 
Total   fee         10.00 


First  Name    (print) 


Street  Address,  Apt.  No.,  P.O.  Box  or 
Rural  Route  (print) 


Postal  Code 


of 

City,  Town  or  Village  (print) 


Lot: 

Concession: 

Township  of: 

Init. 


D 


J 


Pate  of  Birth 

Year    Month 

Day 

Qualification  Produced 

Province,  State  or  Country 

Year 

Serial  No. 

Height    

Weight   

Colour  of  Hair 
Colour  of  Eyes 


to  hvint  black  bear  during  the  oE>en  season  in  19. 


(signature  of  issuer) 


(date) 


(signature  of  licensee) 

O.Reg.  448/80,  Form  4. 


932 


GAME  AND  FISH 


Reg.  420 


Form  5 
Game  and  Fish  Act 


LICENCE   TO  HUNT   SMALL  GAME   IN    19. 


Licence  Serial  Number 


-   19. 


Social   Insurance  or  Social  Security 
Number 


Under   the  Game  and  Fish  Act  and  the 
regulations,    and  subject  to  the   limita- 
tions thereof,    this    licence   is  issued  to 

Last  Name  (print) 


Mr. 

Mrs. 
Miss 

Licence  fee  $4.50 
issuing  fee  $0.50 
Total  fee   $5.00 


First  Name  (print) 


Street  Address,  Apt.  No.,  P.O.  Box  or 
Rural  Route  (print) 


Postal  Code  or  Zip  Code 


T\ 


of 

city.  Town  or  Village  (print) 


Lot: 

Concession: 

Township  of: 

Init. 


D 


Pate  of  Birth 


D 


Year 

Month 

Day 

Qualification  Produced 

Province,  State  or  Country 

Year 

Serial  No. 

Height  

Weight  

Colour  of  Hair 
Colour  of  Eyes 


(signature  of  issuer) 


(date) 


(signature  of  licensee) 


Reg.  420 


GAME  AND  FISH 


933 


Form  5  (cont'd) 


A)  Who  being  a  resident  is  entitled, 

(i)   to  hunt  birds  or  emijnals  other  than  bear,  caribou,  elk,  deer,  moose, 
badger,  beaver,  bobcat,  fisher,  lynx,  marten,  mink,  muskrat,  otter, 
red  squirrel  or  wolverine; 

(ii)   to  hunt  raccoon  at  night  during  the  open  season  when  authorized  by 
a  resident's  tag  to  hunt  raccoon  at  night;   and 

(iii)   to  hunt  game  birds  on  a  game  bird  hunting  preserve 

from  the  1st  day  of  September,  19 to  the  31st 

day  of  August ,  19 

This  licence  is  valid, 

(a^)   in  the  Northern  Region,  from  the  1st  day  of  September, 
19 to  the  15th  day  of  June,  19 ; 

(b)   in  the  Southern  Region,  from  the  1st  day  of  September, 

19 to  the  31st  day  of  March,  19 ,  unless 

authorized  by  a  resident's  summer  small  game  tag  to 

hunt  from  the  1st  day  of  April,  19 to  the  31st 

day  of  August,  19 

B)  Who  being  a  non-resident  is  entitled, 

to  hunt,  during  the  open  season,  only  those  birds  or  animals  when  and 
as  authorized  by  a  non-resident's  small  game  tag  or  by  a  non-resident's 
tag  to  hunt  game  birds  on  a  game  bird  hunting  preserve  during  the 
validity  of  the  tags  indicated  on  this  licence. 


Affix 

Resident's  summer  small  game 
tag  here 

Affix 

Resident's  tag  to  hunt 
raccoon  at  night  here 

Non-resident's  small  game  tag  is 
valid  (£)  for  hunting  fox,  game 
birds,  rabbits,  raccoon,  squirrel 
other  than  red  squirrel  and  wolf 
from  the  1st  day  of  September, 

19 to  the  last  day  of 

February,  19 during  the 

open  season,  (b)  for  hunting 
game  birds  on  a  game  bird 
hunting  preserve  from  the  1st 

day  of  September,  19 to 

to  the  31st  day  of  August, 
19 

Non-resident's  tag  to  hunt  game 
birds  on  a  game  bird  hunting 
preserve  is  valid  from  the  1st 

day  of  September,  19 ,  to 

the  31st  day  of  August,  19 

Affix 

Non-resident's  small  game  tag 
here 

Affix 

Non-resident's  tag  to  hunt  game 
birds  on  a  game  bird  hunting 
preserve  here 

O.  Reg.  448/80,  Form  5. 


934 


GAME  AND  FISH 


Reg.  420 


Form  6 

Game  and  Fish  Act 


NON-RESIDENT'S  SMALL  GAME  TAG  19C. . . 
Serial  Number   ....-- T^n   •fap 

- 

198... 

Issuing  fee  $  1.50 
Total  fee   $35.00 

Small  Game  Licence 
Serial  Number 

O.  Reg.  448/80,  Form  6. 


Reg.  420 


GAME  AND  FISH 


935 


Form   7 
Game  and  Fish  Act 


NON-RESIDENT'S  LICENCE  TO  HUNT  DEER  IN   19. 


XJ.cence  Serial  Number 


Social   Insuremce   or  Social   Security 
Number 


Under  the  Game  and  Fish  Act  and   the 
regulations,    and  subject  to  the   limita- 
tions  thereof,    this  licence   is   issued  to 


Last  Name    (print) 


Mr. 

Mrs. 

Miss 


Licence  fee  $78.50 
Issuing  fee  1.50 
Total  fee  80.00 


First  Name    (print) 


Street  Address,  Apt.  No.,  P.O.  Box  or 
Rural  Route  (print) 


Postal  Code  or  Zip  Code 


]  cm 


of 

city,  Town  or  Village  (print) 


Init. 


D 


Lot: 

Concession: 

Township  of: 

Pate  of  Birth 


Year 


Month 


Day 


Qualification  Produced 

Province,  State  or  Country 

Year 

Serial  No. 

Height  

Weight  

Colour  of  Hair 
Colour  of  Eyes 


to  hunt  deer  during  the  open  season  in  19 

This  licence  is  not  valid  for  hunting  deer  that  (a) 
do  not  have  antlers;  or  (b)  have  antlers  both  of 
which  are  less  than  7.5  centimetres  in  length. 


(signature  of  issuer) 


(date) 


(signature  of  licensee) 


936 


GAME  AND  FISH 


Reg.  420 


Form  7  (cont'd) 


Affix  amy  deer-related  validation  tag  in  the  place 
provided. 

O.  Reg:.  448/80.  Form 


Reg.  420 


GAME  AND  FISH 


937 


I-Orm  S 
Game  and  Fish  Act 


NON-RESIDENT'S   LICENCE  TO  HUNT  MOOSE   IN   19. 
Licence  Serial  Number    


Social  Insurimce  or  Social  Sec\irit.y 
Number 


Under  the  Game  and  Fish  Act  and   the 
regulations,    and   subject   to  the   limita- 
tions  thereof,    this   licence   is   issued  to 


Licence  fee  $198.00 
issuing  fee  $  2.00 
Total  fee       $200.00 


Mr. 

Last   Name 

(print) 

Mrs. 
Miss 

First 

Name    (print) 

Init. 

Street  Address,   Apt.    No.,    P.O.    Box  or 
Rural   Route    (print) 


Postal  Code  or  Zip  Code 


of 

City,   Town  or  Village    (print) 


Lot: 

Concession: 

Township  of: 

to  hiint  moose   during  the  open   season   in   19. 


(signature  of  issuer) 


Pate  of  Birth 


Year 

Month 

Day 

- 

Qualification  Produced 

Province,    State  or  Country 

Year 

Serial  No. 

(date) 


Height    

Weight    

Colour  of  Hair  

Colour  of  Eyes    

(signature  of  licensee) 


938 


GAME  AND  FISH 


Reg.  420 


Form  8  (cont'd) 


Affix  any  moose-related  validation  tag  in  the  place 
provided. 

O.  Reg.  448/80,  Form  8. 


Reg.  420 


GAME  AND  FISH 


939 


Form  9 
Game  and  Fish  Act 


NON-RESIDENT'S   LICENCE  TO  HUNT 
BLACK  BEAR   IN    19 


Xdcence  Serial  Number 


Social   Insurcince  or  Social   Security 
Number 


Under  the  Game  and  Fish  Act  and  the 
regulations,    and  subject  to   the   limita- 
tions  thereof,    this   licence  is   issued  to 


Last  Name    (print) 


Mr. 

Mrs. 

Miss 


Licence  fee  $23,50 
issuing  fee  $  1.50 
Total   fee        $25.00 


First  Name    (print) 


Street  Address,  Apt.  No.,  P.O.  Box  or 
Rural  Route  (print) 


Postal  Code  or  Zip  Code 


of 

City,   Town  or  Village    (print) 


Lot: 

Concession: 

Township  of: 

Init. 


D 


to  hunt  black  bear  dxiring  the  open  season  in  19. 


Pate  of  Birth 


Year  I  Month 


Day 


Qualification 

Produced 

Province, 

State 

or 

Country 

Year 

Serial  No 

Height  

Weight  

Colour  of  Hair 
Colour  of  Eyes 


(signature  of  issuer) 


(date) 


(signature  of  licensee) 

O.  Reg.  448/80,  Form  9. 


940 


GAME  AND  FISH 


Reg.  420 


Form    10 

Game  and  Fisli  Act 


LICENCE  TO  HUNT  FOX  IN  19. 


Licence  Fee  $50.00 


Licence  Serial  Number 


Under  the  Game  and  Fish  Act  and  the 
regulations,  and  svibject  to  the  limita- 
tions thereof,  this  licence  is  issued  to 


Name  and  Address  of 
incorporated  hunt 
club 


Incorporated 


year    month    day        Incorporation  Number 


Place  of  Incorporation 


to  operate  an  organized  fox  hunt  without  the  use  of  guns 
and  without  capturing  foxes. 


This  licence  is  valid  from  the  1st  day  of  April  to  the 
31st  day  of  December,  19 


O.  Reg.  448/80,  Form  10. 


Reg.  420 


GAME  AND  FISH 


941 


V  orm    1 1 

Game  and  Fish  Act 


198... 
ARCHERY  TAG  TO  HUNT  DEER 
Serial  Number   


Deer  Licence 
Serial  Number 


Tag  fee  $0.50 
Issuing  fee  $0.50 
Total  fee   $1.00 


O.  Reg.  448/80,  Form  11. 


Form   12 

Game  and  Fish  Act 


198... 
RESIDENT'S  SUMMER  SMALL  GAME  TAG 


Serial  Number 


Small  Game  Licence 
Serial  Number 


Tag  fee  $4.50 
Issuing  fee  $0.50 
Total  fee   $5.00 


O.  Reg.  448/80,  Form  12. 


942 


GAME  AND  FISH 


Reg.  420 


Form   13 

Game  and  Fish  Act 


198...    -   198.. 

. 

RESIDENT'S    RACCOON   TAG 

Total    fee:    $5.00 

TO   HUNT   RACCOON   AT   NIGHT 

cprial   Number    

PAi.ujuN  Kiorr 

HIKTER'S 

NirSER 

1                2 

3 

1 

.      7 

IC 

>       11            12 

Small   Game   Licence 

Serial   Number 

O.  Reg.  448/80,  Form  13. 


Form   14 

Game  and  Fish  Act 


198 


-    19 


NON-RESIDEOT'S    TAG   TO   HUNT   GAME   BIRDS 
ON    A   GA-^IE   BIRD   HUNTING   PRESER\^ 


Serial  Number 


Small  Game  Licence 
Serial  ''umber 


Tag  fee  $4.50 
Issuing  fee  $0.50 
Total  fee    $5.00 


O.  Reg.  448/80,  Form  14. 


Reg.  420 


GAME  AND  FISH 


943 


Form  15 
Game  and  Fish  Act 


RESIDENT'S  DCX;  LICENCE  (RACCOON)  198...  -  198. 


Licence  Serial  Nuinber 


Social  Insurance  Number 


Small  Game 
Hunting  Licence 
Serial  Number 


Licence  fee  $5.00 


Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject 
to  the  limitations  thereof,  this  licence  authorizes  the  use  of 
a  dog  described  as  follows: 


and  owned  by 


to  be  used  to  hunt  raccoon  at  night  during  the  open  season  for  raccoon. 


This  licence  is  valid  only  from  the  1st  day  of  September,  19.. 
last  day  of  February,  19.... 


,  to  the 


(signature  of  issuer) 


(signature  of  licensee) 


(date) 


O.  Reg.  448/80,  Form  IS. 


944 


GAME  AND  FISH 


Reg.  420 


F  onn  1 6 

Game  and  Fish  Act 


DOG  LICENCE  (CARIBOU,  DEER  OR  MOOSE)  19. 


Licence  Serial  Number 


Social  Insurance  or  Social  Security 
Number 


Serial  Nxomber  of  a 
licence  to  hunt  deer 
or  moose  held  by  the 
licensee 


Licence  fee  $4.50 
Issuing  fee  .50 
Total  fee   $5.00 


Under  the  Game  and  Fish  Act  and  the  regulations,  and 
subject  to  the  limitations  thereof,  this  licence  authorizes 
the  use  of  a  dog  described  as  follows: 


and  owned  by 


to  be  used  to  hunt  caribou,  deer  or  moose  during  the  open  season. 
This  licence  expires  with  the  31st  day  of  December,  19... 


(signature  of  issuer) 


(signature  of  licensee) 


(date) 


O.  Reg.  448/80,  Form  16. 


Reg.  420 


GAME  AND  FISH 


945 


Form  17 

Game  and  Fish  Act 


LICENCE  TO  SELL  THE  MEAT  OF  MUSKRAT, 
BEAVTR,  RACCOON  OR  BEAR 


Social  Insuramce  or  Social  Security 
Nvunber 


Licence  Serial  Nxjmber 


Under  the  Game  and  Fish  Act  and  the  regulations,  and 
subject  to  the  limitations  thereof,  this  licence  is 
issued  to  


of  

(insert  the  complete  address) 
to  sell  the  meat  of  muskrat,  beaver,  raccoon  or  bear. 


This  licence  expires  with  the  31st  day  of  December,  19. 


(signature  of  issuer) 


(signature  of  licensee) 


(date) 


O.  Reg.  448/80,  Form  17. 


946 


GAME  AND  FISH 


Reg.  420 


Form    18 

Game  and  Fish  Act 


APPLICATION   FOR  A   HUNTING    LICENCE   EXAMINATION 
Please  Print : 

Last  Naune 


(Given  Name  -  do     Middle 
First  Name  not  use  nickname)    Initial 


Street  Address,  P.O.  Box  or  Rural  Route* 


Apt.  #    Postal  or  Zip  Code 


City,  Town  or  Village 


Province ,  Country  or  State 


E 


*If  applicable 


Lot 
number 


Concession 
number 


Township 


County 


Telephone  Number 
Area  Code 


Sex 
Male  Female 


Social  Insurance  or 
Social  Security  Number 


DD  m 


Date  of  Birth 
Year  Month  Day 


Height 


Weight 


Colour  of 
Hair 


Colour  of 
Eyes 


I  hereby  apply  to  take:   (Please  check  appropriate  box) 

I    I  my  first  hunting  licence  examination  or, 

I    I  a  re-examination. 

If  you  are  applying  for  a  re-examination,  please  complete  the  following: 
Location  of  previous  examination 


Reg.  420  GAME  AND  FISH  947 

Fonn  18  (cont'd) 


Date  of  exeunination 


Examination  Record  Number 


Instructor's  Number  (if  applicable) 


*  You  will  be  required  to  produce  a  copy  of  your  examination  record  to  the  examiner. 


Date 


Signature  of  applicant 

O.  Reg.  448/80,  Form  18. 


948 


GAME  AND  FISH 


Reg.  420 


Form   19 

Game  and  Fish  Act 

HUNTING  LICENCE  VERIFICATION  CERTIFICATE 

Ministry  of  Natural  Resources 

No. 

NOT  VALID  AS  A  LICENCE  TO  HUNT 

Under  the  Game  and  Fish  Act,  and  the  regulations,  and  subject  to  the  limitations  thereof,  this  is  to  certify 
that  the  person  named  hereunder, 

1.  was  the  owner  of  19  ...  .  hunting  licence  number 

2.  passed  a  hunting  licence  examination;  record  number 


Mr. 

Mrs. 
Miss 


Last  Name  (Print) 

First  Name  (Pr 

mt) 

Init. 

Street  Address,  Apt.  No.,  P.O.  Box  or  Rural  Route  (Print) 


of 


Ont£ 

irio  J 

Jriv 

er's  1 

.^icer 

ce 

Date  of  Birth 

Year      Month      Day 

Height 

Weight 

Col.  of  Hair  

Col.  of  Eyes 


City  or  Town  or  Village,       Province  or  State                                                              Zip  or  Postal  Code 

Wildlife  Surveys  and  Records 


Date 


Rec. 


O.  Reg.  448/80,  Form  19. 


Reg.  420 


GAME  AND  FISH 


949 


Form  20 

Game  and  Fish  Act 
APPLICATION  FOR  SEARCH 

Ministry  of  Natural  Resources 


Complete  and  send  to: 


Wildlife  Surveys  and  Records, 

Ministr>-  of  Natural  Resources, 

Legislative  Buildings, 

Queen's  Park, 

Toronto, 

Ontario,  M7A  1W3. 


Please    include    an    application    fee    of    $3.50 
with  this  form. 

Send    a    cheque    or    money    order    payable    to 
The  Treasurer  of  Ontario. 


Date 


19 


Return 
To: 


Print  Your 
Name 

Address 


Under  the  Game  and  Fish  Act,  and  the  regulations,  and  subject  to  the  limitations  thereof,  the  undersigned 
applies  for  a  search  of  a  licence  issued  under  the  aforementioned  Act  and  regulations. 


Check  why  search  requested 
To  Obtain: 

□  a  new  identification  badge; 


a  replacement  for  a  lost 
hunting  licence  that  is  valid 
in  this  hunting  season 


□  a  certificate  verifying 
ownership  of  a  lost,  expired 
hunting  licence 


□  a  replacement  for  a  lost 
hunting  licence  examination 
certificate 


FILE  SEARCH  INFORMATION— TO  BE  COMPLETED  BY  APPLICANT— PLEASE  PRINT 


1.  Licence  Type      (The  kind  of  Licence,  e.g.  Resident's  Licence  to  Hunt  Small  Game, 
Resident's  Licence  to  Hunt  Moose,  etc.) 


2 .  Date  of  Purchase 


(Month  &  Year)  A  search  can  only  be  made      4.  Licence   Number  or  Identi- 
of  licences  purchased  within  the  previous  fication  Badge  (if  known) 

four  \ears 


950 


GAME  AND  FISH 


Reg.  420 


3.  Where  Purchased  (Issuer's  Name  and  Full  Address)  One  Only 


(IF  YOU  DO  NOT  KNOW  THE  LICENCE  NUMBER  THIS  MUST  BE  COMPLETED). 


e.g.  Joe's  Sport  Shop, 
99  Wilderness  Road, 
Anywhere, 
Ontario. 


This   information   must   be 

the  same  as  shown  on  the 

licence 


Ontario  Driver's  Licence  Number 


Last  Name  (Prin 

t) 

First  Name  (Print) 

Init. 

Street  Address, 

P.O. 

Box  or  Rural  Route  (Print) 

City, 

Tow 

n  or 

Village 

Prov.  or  State 


Zip  or  Postal  Code 


Date  of  Birth 
Year  Month  Dav 


Height 


Weight 


Color  of 
Hair 


Color  of 

Eves 


I  herebv  declare  that  the  above  information  is  correct. 


Signature  of  Applicant 


SPACE  BELOW  FOR  DEPARTMENTAL  REPLY  ONLY 

□  Attached  is  your  replacement  licence  Receipt  No. 

□  Attached  is  your  certificate 

□  No  record  in  our  files 


Wildlife  Surveys  and  Records  Date 

It  is  an  offence  against  the  Game  and  Fish  Act  to  make  a  false  statement. 


O.  Reg.  448/80,  Form  20. 


Reg.  420 


GAME  AND  FISH 


951 


Form  21 

Game  and  Fish  Act 

APPLICATION  FOR  A  HUNTING 

LICENCE 


(Print — last  name) 

1 

(Print — first  name) 


Residence  Address 


Init. 


(street  and  number,  or 


lot,  concession  and  township) 


(city,  town  or  village)         (province  or  state) 

Colour  of  Hair Colour  of  Eyes 

Weight Height 

Age 

Date  of  Birth: 

(month)    (day)    (year)    

I     have     resided     in     Ontario     for     the 

period  of months  during  the 

12     months     immediately     preceding     the 
date  of  this  application. 

'Strike        *  Filed     with     this     application     is     cer- 
out 

where     tificate  dated  the day  of , 

not 

applic-     19  . .  .  .,  issued  by 

able 

•Produced      herewith      is      a      hunting 

licence  No 

issued    to    me    by    a    competent    authority 

in 

(province,  state  or  country) 

in  the  years(s) 

Dated  this day  of ,  19 

Signed  in  the  presence  of 


(person  issuing  the  licence) 


(signature  of  applicant) 

O.  Reg.  448/80,  Form  21. 

Form  22 

Game  and  Fish  Act 

19 

APPLICATION  FOR  A  FARMER'S 
LICENCE  TO  HUNT  DEER 


(Print — last  name) 

(Print — first  name) 
Residence  Address   .... 


Init. 


(street  and  number,  or 


route) 


(lot) 


(concession) 


(township) 


(city,  town  or  village)         (county  or  district) 

Colour  of  Hair Colour  of  Eyes 

Weight Height 

Date  of  Birth: 

(month)    (day)    (year)    

I   have   resided   in   Ontario  for   a   period 

of months  during  the  12  months 

preceding  the  date  of  this  application. 

My  chief  occupation   is   farming  and   I, 

*Strike  *(a)  live  upon  and  till  land  in  the  County, 
out 

where     District,  or  as  the  case  may  be,  of 

not 

applic-      which  I  own  or  am  entitled  to 

able  possession  of  for  the  time  being. 

*(b)    am    a   bona  fide    settler    engaged    in 
clearing  land  in  the  County  or  Territorial 

District  of for  the 

purpose  of  bringing  it  to  a  state  of  culti- 
vation. 


952 


GAME  AND  FISH 


Reg.  420 


'Strike  *Filed     with     this     appHcation     is     cer- 
out 

where     tificate  dated  the day  of , 

not 

applic-    19 .... ,  issued  by 

able 

*  Produced      herewith      is      a      hunting 

licence  No 

issued    to    me    by    a    competent    authority 


(province,  state  or  country) 


in  the  years(s) 

Dated  this day  of ,  19  ...  . 

Signed  in  the  presence  of 

(person  issuing  the  licence) 

(signature  of  applicant) 

O.  Reg.  448/80,  Form  22. 


Reg.  421 


GAME  AND  FISH 


953 


REGULATION  421 

under  the  Game  and  Fish  Act 


HUNTING  ON  CROWN  LANDS  IN  THE 

GEOGRAPHIC  TOWNSHIPS  OF 

BRUTON  AND  CLYDE 

1.  During  the  open  season  for  deer  and  moose,  no 
person  shall  hunt  on  the  Crown  lands  in  Schedule  1 
except  that, 

(a)  the  holder  of  a  licence  in  Form  1,  2  or  7  of 
Regulation  420  of  Revised  Regulations  of 
Ontario,  1980,  who  is  a  member  of  the  camp 
for  which  a  regulated  hunting  camp  licence  is 
issued,  may  hunt  deer  during  the  open  season 
for  deer; 

(b)  the  holder  of  a  licence  in  Form  3  or  8  of 
Regulation  420  of  Revised  Regulations  of 
Ontario,  1980,  who  is  a  member  of  the  camp 
for  which  a  regulated  hunting  camp  licence  is 
issued,  may  hunt  moose  during  the  open  sea- 
son for  moose; 

(c)  the  holder  of  a  licence  in  Form  S  of  Regula- 
tion 420  of  Revised  Regulations  of  Ontario, 
1 980,  who  is  a  member  of  the  camp  for  which 
a  regulated  hunting  camp  licence  has  been 
issued,  may  hunt  ruffed  grouse  or  spruce 
grouse  during  the  open  season  for  ruffed 
grouse  or  spruce  grouse;  and 

(d)  the  holder  of  a  licence  in  Form  4  or  9  of 
Regulation  420  of  Revised  Regulations  of 
Ontario,  1980,  who  is  a  member  of  the  camp 
for  which  a  regulated  hunting  camp  licence  is 
issued,  may  hunt  black  bear  during  the  open 
season  for  black  bear.  R.R.O.  1970,  Reg. 
372,  s.  1;  O.  Reg.  803/80,  s.  1. 

2.  A  regulated  hunting  camp  licence  shall  be  in 
Form  1.    R.R.O.  1970.  Reg.  372,  s.  2. 

3.  An  application  for  a  licence  in  Form  1  shall  be 
in  Form  2.     R.R.O.  1970,  Reg.  372.  s.  3. 

4.  The  fee  for  a  licence  in  Form  1  is  $20.  R.R.O. 
1970,  Reg.  372.  s.  4. 

5.  A  hcence  in  Form  1  expires  with  the  fourth 
day  after  the  close  of  the  open  season  for  deer 
or  for  moose  in  the  lands  described  in  Schedule  1. 
whichever  is  the  later.    R.R.O.  1970.  Reg.  372,  s.  5. 

6.  It  is  a  condition  of  a  licence  in  Form  1, 

(a)  that  no  structure,  building  or  accommoda- 
tion other  than  a  tent  or  a  vehicle  used 


for  Hving  accommodation,  shall  be  placed 
on  the  area  described  in  Schedule  1 ; 

(b)  that  no  tent  or  vehicle  used  for  living 
accommodation  shall  be  placed  on  any  site 
other  than  that  mentioned  in  the  licence ; 

(c)  that  all  tents,  including  floors  and  side- 
walls,  and  vehicles  used  for  living  accom- 
modation shall  be  removed  from  the  Crown 
lands  in  the  geographic  townships  of  Bruton 
and  Clyde  in  the  Provisional  County  of 
Haliburton  on  or  before  the  expiry  of  the 
licence ; 

(d)  that  a  member  of  the  camp  shall  hunt  only 
from  the  site  mentioned  in  the  licence ; 

(e)  that  not  more  than  twelve  members  of  the 
camp  shall  hunt  at  the  same  time;  and 

(/)  that  every  member  of  the  camp  shall  on 
leaving  the  area  described  in  Schedule  1 
report  to  an  officer  and  submit  any  game 
taken  by  him  for  inspection.  R.R.O.  1970, 
Reg.  372,  s.  6. 

7.  A  person  who  hunts  on  the  Crown  lands 
described  in  Schedule  2  shall  on  leaving  the  lands 
report  to  an  officer  and  submit  any  game  taken  by 
him  for  inspection.    R.R.O.  1970.  Reg.  372.  s.  7. 


Schedule  1 

The  Crown  lands  in  the  geographic  townships  of 
Bruton  and  Clyde  in  the  Provisional  County  of 
Haliburtonj  except  those  described  in  Schedule  2. 
R.R.O.  1970.  Reg.  372,  Sched.  1. 


Schedule  2 

1.  In  the  geographic  Township  of  Clyde  in  the 
Provisional  County  of  Haliburton  and  being  a  strip 
of  land  two  miles  in  perpendicular  width  lying  one 
mile  on  either  side  of  the  Hydro  Line  Road 
extending  from  Lot  1.  Concession  V,  on  the  westerly 
boundary  of  that  geographic  township  to  Lot  32, 
Concession  XV.  on  the  easterly  boundary  of  that 
geographic  township. 

2.  The  Crown  lands  in  the  geographic  Township 
of  Bruton  in  the  Provisional  County  of  Haliburton 
that  lie  within  one  mile  of  the  shoreHne  of 
Kingscote  Lake.    R.R.O.  1970,  Reg.  372,  Sched.  2. 


954 


GAME  AND  FISH 


Reg.  421 


Form  1 

Game  and  Fish  Act 

19.... 

Licence  fee  $20.00  No. 

REGULATED  HUNTING  CAMP  LICENCE 

Under  the  Game  and  Fish  Act   and   the   regula- 
tions  and   subject   to   the    limitations   thereof,    this 

licence  is  issued  to   

(name  of  licensee) 
and  the  other  members  of  his  camp  to  place  a  tent 
or  a  vehicle  used  for  living  accommodation  on  the 

site  designated  as  No on  Lot    in 

Concession    in  the  geographic  Township 

of    and   to   hunt   therefrom  on   the 

Crown  lands  in  the  geographic  townships  of  Bruton 
and  Clyde  in  the  Provisional  County  of  Hali- 
burton. 

The  names,  addresses,  classes  of  hunting  licences 
and  licence  numbers  of  the  members  of  the  camp  are : 


Name 

Address 

Classes 

of 
Licences 

Licence 
No. 

This  licence  expires  with  the  ....  day  of 

19.... 

Date 

Signature  of  Issuer 

R.R.O.  1970.  Reg.  372,  Form  1. 


Form  2 

Game  and  Fish  Act 

19.... 

APPLICATION  FOR  A  REGULATED 
HUNTING  CAMP  LICENCE 


(family  or  surname)    (print  in  block  letters) 

(given  names) 


Residence  Address 


(city,  town,  village  or  township) 
(street  and  number  or  lot  and  concession) 


(County  or  District) 

The  names,  addresses,  classes  of  hunting  licences 
and  licence  numbers  of  the  members  of  the  camp  are: 


Name 

Address 

Classes 

of 
Licences 

Licence 
No. 

(date)  (signature  of  applicant) 


R.R.O.  1970,  Reg.  372,  Form  2. 


Reg.  422 


GAME  AND  FISH 


955 


REGULATION  422 

under  the  Game  and  Fish  Act 


HUNTING  ON  DESIGNATED  CROWN  LAND 
AND  IN  PROVINCIAL  PARKS 

INTERPRETATION 

1.  In  this  Regulation  "Seasonal  Waterfowl  Area"  is 
an  area  referred  to  in  subsection  7  (1).  Q.  Reg.  605/ 
77,  s.  1. 

GENERAL 

2.  Except  as  provided  in  this  Regulation,  no  person 
shall  hunt  any  animal  or  bird  in  any  area  described  in 
Schedules  2  to  11 ,  both  inclusive.     0.  Reg.  98/80,  s.  1 . 

3.  The  provisions  of  the  Migratory  Birds  Regula- 
tions made  under  the  Migratory  Birds  Convention 
Act  (Canada)  apply  to  the  hunting  of  ducks,  geese, 
rails,  coots  and  gallinules,  except  in  so  far  as  such 
regulations  are  modified  by  this  Regulation. 

O.  Reg.  605/77,  s.  3. 

4.  The  holder  of  a  licence  in  Form  5  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1980,  while 
proceeding  to  or  from  a  blind  in  the  area  described  in 
paragraphs  1  and  2  of  Schedule  5,  may  possess  a  fire- 
arm in  Long  Point  Provincial  Park,  provided  that  he 
keeps  the  fire-arm  unloaded  and  encased.  O  Reg 
804/80,  s.  l,part. 

5.  The  holder  of  a  licence  in  Form  1,  2,  3,  4,  5,  7,  8 
or  9  of  Regulation  420  of  Revised  Regulations  of 
Ontario,  1980,  may  possess  a  fire-arm  in  Cyprus  Lake 
Provincial  Park,  provided  that  he  keeps  the  fire-arm 
unloaded  and  encased.     O.  Reg.  804/80,  s.  1,  part. 

DUCKS,  GEESE,  RAILS,  COOTS  AND 
GALLINULES 

6.— (1)  The  holder  of  a  licence  in  Form  5  of  Regu- 
lation 420  of  Revised  Regulations  of  Ontario,  1980, 
upon  depositing  his  licence  with  the  officer  in  charge,' 
may  be  issued  a  licence  in  Form  1  to  hunt  ducks,  geese! 
rails,  coots  and  gallinules  on  a  Monday,  Wednesday,' 
Friday  or  Saturday  during  the  open  season  therefor  in 
any  year  in  the  areas  described  in, 

(a)  Schedule  2; 

(6)  Schedule  3; 

(c)  paragraph  1  of  Schedule  4 ; 

(d)  paragraph  1  of  Schedule  5 ;  and 

(e)  Schedule  6.     O.  Reg.  605/77,  s.  4  (1);  O  Reg 
804/80,  s.  2. 


(2)  A  licence  in  Form  1  expires  with  the  day  on 
which  it  is  issued. 

(3)  The  holder  of  a  licence  in  Form  1  shall  not 
hunt,  except  from  a  blind  that  he  has  rented  from 
the  officer  in  charge.     O.  Reg.  605/77,  s.  4  (2,  3). 

7. — (1)  The  holder  of  a  licence  in  Form  5  of  Regu- 
lation 420  of  Revised  Regulations  of  Ontario,  1980, 
may  be  issued  a  licence  in  Form  2  to  hunt  ducks,  geesei 
rails,  coots  and  gallinules  on  a  Monday,  Wednesday,' 
Friday  and  Saturday  during  the  open  season  therefor 
in  any  year  in  the  areas  described  in, 

(a)  paragraph  2  of  Schedule  4 ;  and 

(b)  paragraph  2  of  Schedule  5.     O.  Reg.  605/77, 
s.  5  (1);  O.  Reg.  804/80,  s.  3. 

(2)  A  licence  in  Form  2  expires  with  the  last 
day  of  the  open  season  for  ducks,  geese,  rails,  coots 
and  gallinules.     O.  Reg.  605/77,  s.  5  (2). 

8.— (1)  Subject  to  subsections  (2)  and  (3),  no  person 
shall  erect  a  blind  in  the  area  described  in  paragraph  2 
of  Schedule  4. 

(2)  The  holder  of  a  licence  in  Form  2  may  be 
issued  a  licence  in  Form  5  to  erect  a  blind  in  the 
area  described  in  paragraph  2  of  Schedule  4  for  the 
purpose  of  hunting  in  the  area. 

(3)  The  holder  of  a  licence  in  Form  5  may  erect  a 
blind  in  the  area  described  in  paragraph  2  of 
Schedule  4  for  the  purpose  of  hunting  in  the  area. 

(4)  Where  the  holder  of  a  licence  in  Form  5  erects 
a  blind  in  the  area  described  in  paragraph  2  of 
Schedule  4,  he  shall, 

(a)  affix  and  keep  affixed  in  a  conspicuous 
place  on  the  exterior  of  the  blind  erected 
by  him  the  numbered  badge  supplied  to 
him  by  the  officer  in  charge;  and 

(b)  on  or  before  the  15th  day  of  March  in 
the  year  next  following  the  year  in  which 
he  erected  the  blind,  dismantle  and  remove 
the  blind  from  the  area  described  in  para- 
graph 2  of  Schedule  4.  O.  Reg.  605/77, 
s.  6. 

9.  The  holder  of  a  licence  in  Form  2  may  erect 
a  blind  for  the  purpose  of  hunting  in  the  area 
described  in  paragraph  2  of  Schedule  5,  upon 
condition  that  he, 

(a)  removes  the  blind  therefrom ;  and 


956 


GAME  AND  FISH 


Reg.  422 


(6)  removes  any  decoys  that  he  places  in  the 
area, 

before  leaving  the  area  on  the  day  on  which  he 
erected  the  blind  or  placed  such  decoys  in  the  area. 
O.  Reg.  605/77,  s.  7. 

10.  The  holder  of  a  licence  in  Form  5  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1 980,  may  hunt 
ducks  and  geese  on  any  day  except  Sunday,  from  the 
Tuesday  following  the  second  Monday  in  October, 
during  the  open  season  therefor  in  any  year  in  the  area 
described  in  Schedule  7,  upon  condition  that, 

(a)  he  hunts  only  from  a  blind  supplied  by  the 
Ministry  for  the  purpose ; 

{b)  the  blind  from  which  he  hunts  is  occupied 
by  not  more  than  one  other  person ;  and 

(c)  he  keeps  his  firearm  unloaded  and  encased 
while  proceeding  to  or  from  a  blind. 
O.  Reg.  605/77,  s.  8;  O.  Reg.  804/80,  s.  4. 

11.  The  holder  of  a  licence  in  Form  S  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1980,  may  hunt 
ducks,  geese,  rails,  coots  and  gallinules  on  a  Monday, 
Wednesday,  Thursday  and  Saturday  during  the  open 
season  therefor  in  any  year  in  Wye  Marsh  in  the 
Township  of  Tay,  in  the  County  of  Simcoe,  upon  con- 
dition that, 

(a)  he  hunts  only  from  a  blind  supplied  by  the 
Ministry  for  the  purpose ; 

{b)  the  blind  from  which  he  hunts  is  occupied 
by  not  more  than  one  other  person ;  and 

(c)  he  keeps  his  firearm  unloaded  and  encased 
while  proceeding  to  or  from  a  blind. 
O.  Reg.  605/77,  s.  9;  O.  Reg.  804/80,  s.  5. 

12. — (1)  No  person  shall  erect  a  blind  for  rent 
in  any  of  the  areas  described  in  Schedules  2,  3,  4, 
6  and  7  and  paragraph  1  of  Schedule  5. 

(2)  No  person  shall  erect  a  blind  for  rent  in 
the  area  described  in  paragraph  2  of  Schedule  5 
until  after  he  has  rented  the  blind  for  the  day  to 
a  holder  of  a  licence  in  Form  2.  O.  Reg.  605/77, 
s.  10. 

13.  Before  leaving  any  of  the  areas  described  in 
Schedules  2,  3,  5  and  6  and  paragraph  1  of  Schedule 
4,  the  holder  of  a  licence  in  Form  1  or  2  shall 
report  to  the  officer  in  charge  and  shall  produce  for 
inspection  any  duck,  goose,  rail,  coot  or  gallinule 
killed  by  him.     O.  Reg.  605/77,  s.  1 1 . 

14.  The  holder  of  a  licence  in  Form  5  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1980,  if  he  is  a 
registered  guest  at  Shagamu  River  Camp  or  Sutton 
River  Camp,  may  hunt  ducks,  geese,  rails,  coots,  snipe 
and  gallinules  during  the  open  season  therefor  in  any 


area  described  in  Schedule  11  and  may  possess  and 
use  a  fire-arm  for  the  purpose  in  the  areas  described. 
O.  Reg.  804/80,  s.  6. 


PHEASANTS 

15.  The  holder  of  a  licence  in  Form  5  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1980  may  hunt 
pheasants  on  any  day,  except  Sunday,  from  the  Wed- 
nesday following  the  second  Monday  in  October  to  the 
30th  day  of  November,  both  inclusive,  during  the  open 
season  therefor  in  any  year,  between  the  hours  of  9 
o'clock  in  the  forenoon  and  12  o'clock  noon,  and  1 
o'clock  in  the  afternoon  and  5  o'clock  in  the  afternoon 
in  the  area  described  in  Schedule  8,  upon  condition 
that, 

(a)  he  deposits  his  licence  with  the  officer  in 
charge  and  obtains  a  licence  in  Form  3 ; 

(b)  there  are  not  more  than  thirty-nine  other  per- 
sons hunting  in  the  area  described  in  Schedule 
8  at  the  time  he  presents  his  licence  to  the 
officer  in  charge; 

(f)  he  reports  to  the  officer  in  charge  between 
12  o'clock  noon  and  12.30  o'clock  in  the 
afternoon; 

{d)  he  does  not  shoot  or  attempt  to  shoot  any 
pheasant  that  is  on  the  ground ; 

(e)  he  does  not  shoot  or  attempt  to  shoot 
more  than  two  pheasants  in  one  day  in  the 
area  described  in  Schedule  8 ; 

( /)  he  uses  a  shotgun  loaded  with  shot  not  heavier 
than  No.  5;  and 

{g)  before  leaving  the  area  described  in 
Schedule  8,  he  reports  to  the  officer  in 
charge  and  produces  for  inspection  any 
pheasant  killed  by  him.  O.  Reg.  605/77, 
s.  12;  O.  Reg.  447/80,  s.  1;  O.  Reg. 
804/80,  s.  7. 

16.  The  holder  of  a  licence  in  Form  5  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1980,  may  hunt 
pheasants  on  any  day,  other  than  Sunday  or  Monday, 
during  the  open  season  therefor  in  any  year,  between 
the  hours  of  9  o'clock  in  the  forenoon  and  12  o'clock 
noon,  and  1  o'clock  in  the  afternoon  and  5  o'clock  in 
the  afternoon  in  the  area  described  in  Schedule  9,  upon 
condition  that, 

(a)  he  deposits  his  licence  with  the  officer  in 
charge  and  obtains  a  licence  in  Form  3 ; 

(b)  there  are  not  more  than  forty-four  other 
persons  hunting  in  the  area  described  in 
Schedule  9  at  the  time  he  presents  his 
licence  to  the  officer  in  charge ; 

(f)  he  reports  to  the  officer  in  charge  between 
12  o'clock  noon  and  12.30  o'clock  in  the 
afternoon ; 


Reg.  422 


GAME  AND  FISH 


957 


(d)  he  does  not  shoot  or  attempt  to  shoot  any 
pheasant  that  is  on  the  ground ; 

{e)  he  does  not  shoot  or  attempt  to  shoot  more 
than  two  pheasants  in  one  day  in  the  area 
described  in  Schedule  9 ; 

if)  he  uses  a  shotgun  loaded  with  shot  not 
heavier  than  No.  2 ;  and 

(g)  before  leaving  the  area  described  in 
Schedule  9,  he  reports  to  the  officer  in 
charge  and  produces  for  inspection  any 
pheasant  killed  by  him.  O.  Reg.  605/77, 
s.  13;  O.  Reg.  804/80,  s.  8. 

17.  A  licence  in  Form  3  expires  with  the  day  on 
which  it  is  issued.     O.  Reg.  605/77,  s.  14. 


GAME  ANIMALS  AND  GAME  BIRDS 

18.  The  holder  of  a  licence  in  Form  1,  2,  S  or  7  of 
Regulation  420  of  Revised  Regulations  of  Ontario, 
1980,  may  hunt  game  animals  and  game  birds  on  any 
day,  except  Sunday,  from  the  16th  day  of  September  to 
the  second  Saturday  in  November,  both  inclusive, 
during  the  open  season  therefor  in  any  year,  between 
the  hours  of  9  o'clock  in  the  forenoon  and  5  o'clock  in 
the  afternoon  in  the  area  described  in  Schedule  10, 
upon  condition  that, 

(a)  he  depKjsits  his  licence  with  the  officer  in 
charge  and  obtains  a  licence  in  Form  4 ; 

(b)  there  are  not  more  than  one  hundred 
other  persons  hunting  in  the  area  described 
in  Schedule  10  at  the  time  he  presents  his 
licence  to  the  officer  in  charge ; 

(c)  he  does  not  shoot  or  attempt  to  shoot  any 
pheasant  that  is  on  the  ground ; 

(d)  he  does  not  erect  any  blind  or  other  means 
of  concealment  in  the  area  described  in 
Schedule  10;  and 

(e)  before  leaving  the  area  described  in 
Schedule  10,  he  reports  to  the  officer  in 
charge  and  produces  for  inspection  any 
game  animal  or  bird  killed  by  him.  O.  Reg. 
605/77,  s.  15;  O.  Reg.  804/80,  s.  9. 

19.  A  licence  in  Form  4  expires  with  the  day  on 
which  it  is  issued.     O.  Reg.  605/77,  s.  16. 


SHARP-TAILED  GROUSE  AND  PTARMIGAN 

20.  The  holder  of  a  licence  in  Form  5  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1980,  if  he  is 
registered  as  a  guest  at  Shagamu  River  Camp  or  Sut- 
ton River  Camp,  may  hunt  sharp-tailed  grouse  and 
ptarmigan  during  the  open  season  therefor  in  any  area 
described  in  Schedule  1 1  and  may  possess  and  use  a 
fire-arm  for  the  purpose  in  the  areas  described. 
O.  Reg.  804/80,  s.  10. 


LICENCE  FEES 

21.  The  fee  for  a  licence  in  a  Form  in  Column  1  of 
Schedule  1  is  the  fee  set  opposite  thereto  in  Column 
2.     O.  Reg.  605/77,  s.  17. 


Schedule  1 


Column  1 

Column  2 

Form  No. 

Fee 

1 

$8.00 

2 

8.00 

3 

8.00 

4 

8.00 

O.  Reg.  605/77,  Sched.  1. 


Schedule  2 

1.  Holiday  Beach  Provincial  Park. 

2 .  All  that  parcel  or  tract  of  land  in  the  Township  of 
Maiden  in  the  County  of  Essex  and  being  composed  of 
part  of  Lot  59,  Concession  VII,  and  part  of  Caldwell 
Grant  in  the  said  township,  containing  an  area  of  60.8 
acres,  more  or  less,  and  which  parcel  or  tract  of  land 
may  be  more  particularly  described  as  follows: 

Premising  that  the  bearings  hereinafter  mentioned 
are  astronomical  and  are  referred  to  the  northerly 
limit  of  that  part  of  the  King's  Highway  known 
as  No.  18A  having  an  astronomical  bearing  of  north 
56°  10' west; 

Beginning  at  a  point  in  the  southerly  limit  of  that 
part  of  the  King's  Highway  known  as  No.  18A 
distant  1,239.95  feet  measured  south  56°  26' 30" 
east  along  the  said  southerly  limit  from  the  point 
of  intersection  of  the  said  southerly  limit  with  the 
easterly  limit  of  the  southerly  production  of  the  road 
allowance  between  concessions  VI  and  VII;  thence 
south  56°  26'  30*  east  along  the  said  southerly  limit 
of  that  part  of  the  King's  Highway  known  as 
No.  18A  a  distance  of  325.73  feet;  thence  south 
56°  10'  east  along  the  said  southerly  limit  833.42  feet ; 
thence  south  55°  58'  30"  east  along  the  said  southerly 
limit  16.32  feet;  thence  south  2°  56' 55"  west 
2,482.0  feet,  more  or  less,  to  the  water's  edge  of 
Lake  Erie;  thence  in  a  northwesterly  direction 
along  the  said  water's  edge  to  the  easterly  limit 
of  Lot  147  according  to  a  plan  registered  in  the  Land 
Registry  Office  for  the  Registry  Division  of  the  County 
of  Essex  as  Number  1038;  thence  north  2°  56'  IS"  east 
along  the  said  easterly  limit  of  Lot  147  and  its  produc- 
tion 2,769.0  feet,  more  or  less,  to  the  place  of  begin- 
ning. 

3 .  All  that  parcel  or  tract  of  land  in  the  Township  of 
Maiden,  in  the  County  of  Essex,  and  being  composed 
of  part  of  Lot  59,  in  Concession  VII  and  part  of 


958 


GAME  AND  FISH 


Reg.  422 


Caldwell  Grant  in  the  said  township  containing  an 
area  of  29.856  acres,  more  or  less,  and  which  parcel  or 
tract  of  land  may  be  more  particularly  described  as 
follows: 

Premising  that  the  bearings  hereinafter  mentioned 
are  astronomical  and  are  referred  to  the  southerly 
limit  of  that  part  of  the  King's  Highway  known  as 
Number  18A  having  an  astronomical  bearing  of 
north  55"  58'  30"  west ; 

Beginning  at  the  northwesterly  corner  of  the 
said  parcel  and  which  corner  may  be  located  as 
follows : 

Beginning  at  the  intersection  of  the  southerly 
limit  of  that  part  of  the  King's  Highway  known  as 
No.  ISA  with  the  easterly  limit  of  the  southerly 
production  of  the  road  allowance  between  concession 
VI  and  VII;  thence  south  56°  26' 30"  east  along 
the  southerly  limit  of  that  part  of  the  King's 
Highway  known  as  No.  18A  a  distance  of  1,565.68 
feet;  thence  south  56°  10'  east  along  the  said 
southerly  limit  833.42  feet;  thence  south  55°  58'  30" 
east  along  the  said  southerly  limit  16.32  feet  to  the 
place  of  beginning  for  the  herein  described  parcel 
of  land;  thence  south  55°  58'  30"  east  715.68  feet; 
thence  south  3°  01'  west  1,965.60  feet;  thence 
north  78°  56'  west  564.77  feet;  thence  south  2° 
56'  10"  west  232  feet,  more  or  less,  to  the  water's 
edge  of  Lake  Erie;  thence  in  a  westerly  direction 
following  that  water's  edge  to  a  line  drawn  south 
2°  56'  10"  west  from  the  place  of  beginning;  thence 
north  2°  56'  10"  east  2,482  feet,  more  or  less,  to  the 
place  of  beginning.     O.  Reg.  605/77,  Sched.  2. 

Schedule  3 

1.  Block  "B",  Registered  Plan  Number  145,  on 
Presqu'ile  Peninsula  lying  south  of  the  Village  of 
Brighton,  in  the  County  of  Northumberland,  de- 
scribed as  follows : 

Beginning  at  a  point  in  the  northwesterly  limit 
of  that  Block  "B"  distant  6,418.22  feet  measured 
south  34°  03'  10"  east  from  a  point  distant  486.0 
feet  measured  south  25°  28'  west  from  the  most 
southerly  corner  of  Lot  5,  Broken  Front  Concession, 
Township  of  Brighton,  now  in  the  Village  of 
Brighton,  as  shown  on  Registered  Plan  Number  140 
entered  in  the  Land  Registry  Office  for  the  Registry 
Division  of  Northumberland  East  at  Colborne; 
thence  south  34°  03' 10"  east  300.0  feet;  thence 
south  24°  27' 10"  east  1,222.03  feet;  thence  south 
40°  48'  30"  east  206.73  feet ;  thence  south  46°  55'  30" 
west  4,972.0  feet;  thence  south  11°  10' 45"  east 
1,344.7  feet;  thence  south  25°  30' 30"  west  1,650.0 
feet;  thence  south  87°  56' 20"  west  1,945.9  feet; 
thence  north  0°  49'  30"  east  900.0  feet ;  thence 
north  21°  41'  east  1,065.2  feet;  thence  north 
62°  47'  30'  east  1,700.0  feet ;  thence  north  14°  26'  10" 
west  1,695.6  feet;  thence  north  46°  55' 30"  east 
5,100.0  feet  to  the  place  of  beginning. 


2.  Registered  Plan  Number  135  and  part  of 
blocks  "A",  "C",  "G"  and  "I",  Registered  Plan 
Number  145,  on  Presqu'ile  Peninsula  lying  south 
of  the  Village  of  Brighton,  in  the  County  of 
Northumberland,  described  as  follows : 

Beginning  at  a  point  in  the  southwesterly  limit 
of  Block  "A"  distant  6,718.22  feet  measured  south 
34°  03'  10"  east  from  a  point  distant  486.0  feet 
measured  south  25°  28'  west  from  the  most  southerly 
corner  of  Lot  5,  Broken  Front  Concession,  Town- 
ship of  Brighton,  now  in  the  Village  of  Brighton, 
as  shown  on  Registered  Plan  Number  140  entered 
in  the  Land  Registry  Office  for  the  Registry  Division 
of  Northumberland  East  at  Colborne;  thence  north 
57°  04'  east  5,900.0  feet;  thence  south  6°  09' 10" 
west  1,469.73  feet;  thence  south  65°  04' 40"  west 
1,297.73  feet;  thence  south  40°  53'  east  230.0  feet 
to  the  northwesterly  limit  of  Bay  Shore  Road; 
thence  northeasterly  along  that  northwesterly  limit 
of  Bay  Shore  Road  to  a  point  distant  1,107.92  feet 
measured  south  67°  26'  40"  west  from  the  inter- 
section of  the  westerly  limit  of  Grave  Street  with 
the  westerly  production  of  the  southerly  limit  of 
Water  Street  as  shown  on  Registered  Plan  Number 
135;  thence  north  68°  29'  east  92.03  feet;  thence 
north  23°  26'  west  342.69  feet;  thence  north  51" 
59'  10"  east  1,564.88  feet;  thence  south  79°  56'  20* 
east  400.0  feet;  thence  south  10°  03'  30"  west  500.0 
feet;  thence  south  55°  03' 30"  west  565.67  feet; 
thence  south  79°  56' 30'  east  1,860.17  feet;  thence 
south  10°  42' 30"  west  209.26  feet;  thence  south 
79°  56'  30"  east  300.0  feet ;  thence  south  79°  56'  30" 
east  417.42  feet;  thence  south  80°  37'  east  1,269.61 
feet;  thence  south  8°  32'  west  94.16  feet;  thence 
south  45°  59'  east  1,438.83  feet;  thence  north 
74°  28' 30"  east  69.79  feet;  thence  south  45°  59' 
east  167.03  feet;  thence  north  43°  53'  east  460.0 
feet;  thence  south  47°  13'  east  600.0  feet;  thence 
south  43°  53'  west  300.0  feet ;  thence  south  72°  1 2'  50" 
west  2,912.63  feet ;  thence  south  62°  25'  west  3,035.85 
feet;  thence  south  68°  06' 10"  west  2,729.83  feet; 
thence  north  88°  11'  10"  west  1,364.2  feet;  thence 
north  73°  27' 40"  west  1,745.35  feet;  thence  south 
86°  58'  west  2,977.03  feet;  thence  north  40°  48'  30" 
west  206.73  feet;  thence  north  24°  27' 10"  west 
1 ,222.03  feet,  more  or  less,  to  the  place  of  beginning. 

3.  Part  of  Block  A,  Plan  145,  on  Presqu'ile  Penin- 
sula, lying  south  of  the  Village  of  Brighton,  in  the 
County  of  Northumberland,  described  as  follows: 

Beginning  at  the  most  southerly  angle  of  Lot  No.  5, 
in  the  Broken  Front  Concession,  of  the  Township 
of  Brighton,  now  in  the  Village  of  Brighton,  as 
shown  on  Plan  No.  28  entered  in  the  Land  Registry 
Office  for  the  Registry  Division  of  Northumber- 
land East  at  Colborne,  Ontario;  thence  north 
25°  28'  east  252.73  feet  along  the  southeasterly 
limit  of  the  said  Lot  No.  5 ;  thence  north  09°  53' 
east  136.45  feet  along  the  southeasterly  limit  of 
the  said  Lot  No.  5;  thence  north  15°  23'  west 
232.39  feet  along  the  said  southeasterly  limit  of 
the  said  Lot  No.  5;  thence  north  52°  07'  west  407.73 
feet  along  the  easterly  limit  of  the  said  Lot  No.  5 


Reg.  422 


GAME  AND  FISH 


959 


and  along  the  southwest  limit  of  Lake  Street  as 
shown  on  Plan  No.  28  entered  in  the  Land  Registry 
Office  for  the  Registry  Division  of  Northumberland 
East  at  Colborne,  Ontario;  thence  north  33"  09' 
west  along  the  said  southwest  limit  of  Lake 
Street  60.08  feet  to  a  point  where  the  said  limit  of 
Lake  Street  is  intersected  by  the  westerly  production 
of  the  northerly  limit  of  Development  Road ;  thence 
north  68'"  01'  east  along  the  said  westerly  production 
and  the  northerly  limit  of  Development  Road 
851.34  feet;  thence  on  a  curve  to  the  left  along 
the  northerly  limit  of  said  Development  Road  having 
a  radius  of  2,821.79  feet,  an  arc  distance  of  881.16 
feet,  the  chord  equivalent  being  877.5  feet  measured 
north  59°  04' 15"  east;  thence  north  50°  07' 30' 
east  along  the  said  northerly  limit  of  Development 
Road  909.0  feet,  more  or  less,  to  a  point  in  the 
south  limit  of  Lot  No.  3  in  the  Broken  Front 
Concession  of  the  Township  of  Brighton,  now  in 
the  Village  of  Brighton,  as  shown  on  said  Plan 
No.  140;  thence  in  a  general  southeasterly  direction 
following  the  said  south  limit  of  Lot  No.  3  to  the 
southeasterly  angle  of  said  Lot  No.  3;  thence  south 
47°  12'  10'  east  864.48  feet;  thence  south  27°  east 
1,500.0  feet;  thence  south  72°  east  2,600.0  feet; 
thence  south  62°  east  2,700.0  feet;  thence  south 
06°  09'  10'  west  800.0  feet,  more  or  less,  to  the 
intersection  with  a  line  drawn  north  57°  04'  east 
from  a  point  distant  6,718.22  feet  measured  south 
34°  03'  10*  east  from  a  point  distant  486.0  feet 
measured  south  25°  28'  west  from  the  point  of  com- 
mencement; thence  south  57°  04'  west  5,200.0  feet, 
more  or  less,  to  a  survey  post  planted;  thence 
continuing  south  57°  04'  west  700.0  feet ;  thence 
north  34°  03'  10'  west  6,718.22  feet;  thence  north 
25°  28'  east  486.0  feet  to  the  place  of  beginning. 
O.  Reg.  605/77,  Sched.  3. 


Schedule  4 

1.  In  the  Township  of  Harwich  in  the  County 
of  Kent  and  described  as  follows : 

Beginning  at  the  intersection  of  the  water's  edge 
of  Lake  Erie  with  the  north-south  dredge  cut; 
thence  north  22°  30'  east  along  the  said  dredge 
cut,  3,280  feet,  more  or  less,  to  the  intersection  with 
the  most  southerly  dredge  cut ;  thence  north  77°  30' 
west  along  the  said  dredge  cut  and  its  north- 
westerly production  a  distance  of  1  mile  and  3,900 
feet;  thence  north  38°  30'  east  5  miles  and  1,196 
feet,  more  or  less,  to  the  intersection  with  the 
westerly  production  of  the  north  park  boundary 
lying  in  an  easterly  and  westerly  direction  at  a 
bearing  of  north  76°  50'  east ;  thence  easterly  along 
that  production  and  the  park  boundary  3,630  feet, 
more  or  less,  to  the  intersection  with  the  easterly 
hmit  of  Lake  Shore  Road;  thence  southerly  and 
westerly  along  the  easterly  limit  of  Lake  Shore 
Road  to  the  intersection  with  the  easterly  limit 
of  Rondeau  Park  Road;  thence  southerly  along 
the  east  limit  of  Rondeau  Park  Road  and  its 
production  to  the  intersection  with  the  water's 
edge  of  Lake  Erie;  thence  in  a  general  westerly 


direction  following  the  said  water's  edge  of  Lake 
Erie  to  the  place  of  beginning. 

2.  Beginning  at  the  northwesterly  corner  of 
Lot  2  according  to  a  plan  of  survey  of  the  tract  of  land 
known  as  the  Rondeau  Peninsula  or  Point  aux 
Pins  dated  September  8th,  1864,  prepared  by  Henry 
Lowe,  Provincial  Land  Surveyor,  of  record  in  the 
Ministry  of  Natural  Resources,  Ontario;  thence 
westerly  along  the  production  westerly  of  the  north- 
erly limit  of  that  lot  to  the  water's  edge  of  Rondeau 
Harbour;  thence  in  a  general  northerly,  westerly, 
southwesterly,  southerly  and  easterly  direction 
following  the  water's  edge  on  the  easterly,  northerly, 
westerly  and  southerly  shores  of  that  harbour  to  the 
intersection  with  the  production  northerly  of  the 
westerly  limit  of  Lot  104  according  to  a  plan  regis- 
tered in  the  Registry  Office  for  the  Registry  Division 
of  Kent  as  No.  314;  thence  northerly  along  that 
production  to  a  point  distant  290  feet  measured 
northerly  thereon  from  the  southwesterly  corner 
of  that  lot ;  thence  easterly  parallel  to  the  northerly 
limit  of  Bay  view  Alley  according  to  that  plan, 
150  feet,  more  or  less,  to  the  intersection  with  the 
production  northerly  of  the  easterly  limit  of  Lot  100 
according  to  that  plan;  thence  southerly  along  that 
production  to  the  water's  edge  of  Rondeau  Harbour ; 
thence  in  a  general  easterly  direction  following  that 
water's  edge  to  the  most  easterly  extremity  of 
Shirley  Point;  thence  southeasterly  in  a  straight 
line  to  the  most  northerly  extremity  of  the  east  face 
of  the  west  pier  of  the  channel  connecting  Rondeau 
Harbour  and  Lake  Erie;  thence  southerly  along  that 
easterly  face  to  a  point  distant  421.18  feet  measured 
northerly  thereon  from  the  production  easterly  of 
the  southerly  limit  of  Mariner's  Road ;  thence  south 
77°  14'  25'  east,  100  feet;  thence  north  12°  45'  35' 
east,  800  feet;  thence  south  77°  14' 25'  east,  700 
feet;  thence  south  12°  45' 35'  west,  850  feet,  more 
or  less,  to  the  water's  edge  of  Lake  Erie;  thence  in 
a  general  easterly  direction  following  the  water's 
edge  of  Lake  Erie  to  the  intersection  with  the  north 
and  south  dredge  cut ;  thence  north  22°  30'  east 
along  the  said  dredge  cut,  3,280  feet,  more  or  less, 
to  the  intersection  with  the  most  southerly  dredge 
cut ;  thence  north  77°  30'  west  along  the  said 
dredge  cut  and  its  northwesterly  production,  a 
distance  of  1  mile  and  3,900  feet;  thence  north 
38°  39'  east,  5  miles  and  1,196  feet,  more  or  less, 
to  the  intersection  with  the  westerly  production 
of  the  north  park  boundary  lying  in  an  easterly 
and  westerly  direction  at  a  bearing  of  north 
76°  50'  east ;  thence  easterly  along  that  production 
and  that  park  boundary  3,630  feet,  more  or  less, 
to  the  intersection  with  the  easterly  limit  of  Lake 
Shore  Road ;  thence  southerly  and  westerly  along  the 
easterly  limit  of  Lake  Shore  Road  to  the  inter- 
section with  the  easterly  limit  of  Rondeau  Park 
Road;  thence  southerly  along  the  east  limit  of 
Rondeau  Park  Road  and  its  production  to  the 
intersection  with  the  water's  edge  of  Lake  Erie; 
thence  in  a  general  northeasterly  and  northerly 
direction  following  the  said  water's  edge  to  the 
intersection  with  the  production  easterly  of  the 
northerly  limit  of  Lot   2  aforementioned;   thence 


960 


GAME  AND  FISH 


Reg.  422 


westerly  along  that  production  and  the  northerly 
limit  of  that  lot  to  the  place  of  beginning.  O.  Reg. 
605/77,  Sched.  4. 


Schedule  5 

In  the  Township  of  Norfolk  in  The  Regional 
Municipality  of  Haldimand-Norfolk,  formerly  in 
the  Township  of  South  Walsingham  in  the  County  of 
Norfolk,  and  described  as  follows: 

1 .  Beginning  at  a  point  in  the  southerly  production 
of  the  line  between  lots  14  and  LS  in  Concession  A 
in  the  Township  of  South  Walsingham  and  which 
said  point  is  the  most  northeasterly  angle  of  the 
lands  patented  June  11,  1881,  to  John  Woodward 
and  William  Anderson;  thence  southerly  along  that 
production  24  chains,  more  or  less,  to  the  north- 
westerly angle  of  a  plan  registered  in  the  Registry 
Office  for  the  Registry  Division  of  Norfolk  as 
Plan  429;  thence  easterly  along  the  northerly  limit 
of  that  plan  to  the  northeasterly  angle  of  that 
plan;  thence  southeasterly  along  the  northeasterly 
limit  of  that  plan  to  the  northerly  limit  of  Erie 
Boulevard;  thence  easterly  along  the  northerly 
limit  of  Erie  Boulevard  and  continuing  easterly 
along  the  northerly  hmit  of  an  existing  travelled 
road  to  the  intersection  with  the  easterly  limit  of 
the  land  expropriated  by  the  Department  of 
Public  Works,  Ontario,  according  to  a  plan  regis- 
tered in  the  Registry  Office  for  the  Registry  Division 
of  Norfolk  as  Plan  537;  thence  north  19°  20'  east 
astronomically  along  that  easterly  limit  and  its 
production  northerly  1  mile  and  61  chains,  more 
or  less,  to  the  intersection  with  a  line  drawn  east 
astronomically  from  the  intersection  of  the  water's 
edge  on  the  southerly  shore  of  Big  Creek  with  the 
northeasterly  limit  of  Long  Point  Park  Road; 
thence  west  astronomically  4.5  miles,  more  or 
less,  to  the  intersection  with  the  southerly  production 
of  the  line  between  lots  14  and  15  in  Concession  A 
in  the  Township  of  South  Walsingham ;  thence 
southerly  along  the  said  production  of  the  line 
between  lots  14  and  15,  a  distance  of  %  chains, 
more  or  less,  to  the  place  of  beginning. 

2.  Beginning  at  a  point  in  the  water's  edge  on 
the  southerly  shore  of  Big  Creek  where  the  same 
is  intersected  by  the  northeasterly  limit  of  Long 
Point  Park  Road  as  shown  on  Department  of 
Highways  Plan  of  Survey  P-2267;  thence  south- 
easterly along  that  limit  1  mile  and  16  chains, 
more  or  less,  to  the  intersection  with  a  line  drawn 
south  60'^  03'  west  astronomically  from  an  angle 
in  the  northeasterly  limit  of  the  lands  patented 
June  11,  1881,  to  John  Woodward  and  William 
Anderson ;  thence  north  60°  03'  east  astronomically 
2.92  chains;  thence  south  86°  00'  east  12.49  chains, 
more  or  less,  to  the  intersection  with  the  southerly 
production  of  the  line  between  lots  14  and  15  in 
Concession  A  in  the  Township  of  South  Walsing- 
ham; thence  northerly  along  the  said  southerly 
production  of  the  line  between  lots  14  and  15  a 
distance  of  96  chains,  more  or  less,  to  the  inter- 


section with  a  line  drawn  east  astronomically  14 
chains,  more  or  less,  to  the  place  of  beginning. 
O.  Reg.  605/77,  Sched.  5. 

Schedule  6 

Darlington  Provincial  Park.  O,  Reg.  605/77, 
Sched.  6. 

Schedule  7 

McRae  Point  Provincial  Park.  O.  Reg.  605/77, 
Sched.  7. 

Schedule  8 

In  the  Township  of  Georgina  in  The  Regional 
Municipality  of  York,  formerly  in  the  Township 
of  Georjiina  in  the  County  of  York,  and  described  as 
follows: 

Premising  that  the  bearings  hereinafter  men- 
tioned are  astronomical  and  are  referred  to  the 
meridian  passing  through  the  northwesterly  corner 
of  Lot  7  in  Concession  VIII  in  the  former  Town- 
ship of  Georgina. 

Firstly:  Beginning  at  a  point  in  the  southerly 
limit  of  Lot  9  distant  551.61  feet  measured  north 
72'  19' 20"  east  along  the  southerly  limit  of  the 
said  lot  from  the  southwesterly  corner  thereof; 
thence  south  72°  19'  20"  west  along  the  southerly 
limits  of  lots  9,  8  and  7  in  Concession  VI II,  4,425.31 
feet  to  the  southwesterly  corner  of  Lot  7;  thence 
north  16°  47'  west  along  the  westerly  limit  of  the 
last  mentioned  lot  a  distance  of  791.98  feet  to  the 
southeasterly  limit  of  the  entrance  road  to  Sibbald 
Point  Provincial  Park ;  thence  north  53°  22'  30" 
east  along  the  said  southeasterly  limit  1,226.92 
feet;  thence  on  a  curve  to  the  left  of  radius  1,170.41 
feet  following  the  southerly  limit  of  the  said 
entrance  road  an  arc  distance  of  1,347.36  feet; 
thence  north  12°  35'  west  along  the  easterly  limit 
of  the  said  road  1,214.56  feet;  thence  north 
17°  09'  west  along  the  said  easterly  limit  of  the 
said  road  261.54  feet  to  the  southerly  limit  of  the 
road  along  the  southerly  side  of  the  beach  parking 
area ;  thence  north  79°  26'  east  along  that  limit  and 
the  easterly  production  of  that  limit  of  road, 
2,377  feet,  more  or  less,  to  a  point  in  that  part  of 
the  easterly  limit  of  the  park  which  is  also  the 
westerly  limit  of  Block  "A"  as  shown  on  Regis- 
tered Plan  No.  268;  thence  south  17°  44' 10"  east 
along  the  westerly  limit  of  the  said  Block  "A",  a 
distance  of  997  feet,  more  or  less,  to  an  angle 
therein;  thence  south  17°  35' 20"  east  along  the 
easterly  limit  of  Sibbald  Point  Provincial  Park, 
2,372.77  feet,  more  or  less,  to  the  place  of  beginning. 

Secondly:  Beginning  at  a  point  in  the  westerly 
limit  of  Lot  7  in  Concession  VIII  being  in  the 
northwesterly  limit  of  the  entrance  road  to  Sibbald 
Point  Provincial  Park  and  distant  855.76  feet 
measured  north  16°  47'  west  along  the  aforesaid 
westerly  limit  from  the  southwesterly  corner  of  that 


Reg.  422 


GAME  AND  FISH 


961 


lot ;  thence  north  53"  22'  30"  east  along  that 
northwesterly  limit  1,215.89  feet;  thence  north- 
easterly on  a  curve  to  the  left  having  a  radius  of 
1,110.41  feet  an  arc  distance  of  1,278.29  feet  the 
chord  equivalent  being  1,208.87  feet  measured 
north  20"  23' 45'  east;  thence  north  12°  35' west 
along  the  westerly  limit  of  that  road  1,212.16  feet; 
thence  north  17"  19'  west  continuing  along  that 
westerly  limit  392.61  feet  to  the  beginning  of  a  curve 
to  the  left;  thence  north  76"  10'  west  150  feet  to  the 
northerly  limit  of  a  swamp;  thence  south  68"  40' 
west  along  that  northerly  limit  560  feet;  thence 
south  57"  15'  west  continuing  along  that  northerly 
limit  1,370  feet,  more  or  less,  to  the  intersection 
with  the  westerly  limit  of  said  Lot  7;  thence 
southerly  along  that  westerly  limit  2,624.24  feet, 
more  or  less,  to  the  place  of  beginning.  O.  Reg. 
605/77,  Sched.  8. 


Schedule  9 

In  the  Township  of  Scugog  in  The  Regional 
Municipality  of  Durham,  formerly  in  the  Township 
of  Scugog  in  the  County  of  Ontario,  and  described 
as  follows : 

Beginning  at  the  northwesterly  corner  of  Lot  10 
in  Concession  XIV;  thence  southerly  along  the 
westerly  limit  of  that  lot  to  the  southwesterly 
corner  thereof;  thence  southerly  in  a  straight  line 
to  the  northwesterly  corner  of  Lot  10  in  Con- 
cession XIII;  thence  southerly  along  the  westerly 
limit  of  that  lot  to  the  southwesterly  corner  thereof; 
thence  easterly  along  the  southerly  limit  of  lots  10, 
11  and  12  to  the  intersection  with  the  westerly 
limit  of  Charles  Avenue  according  to  registered 
plan  792 ;  thence  northerly  along  that  westerly  limit 
to  the  intersection  with  the  westerly  production  of 
Ihe  southerly  limit  of  Lot  3,  registered  plan  792; 
thence  easterly  along  that  production  and  the 
southerly  limit  of  that  Lot  3  to  the  high-water  mark 
of  Lake  Scugog;  thence  in  a  northerly  and  westerly 
direction  along  that  high-water  mark  to  the  place 
of  beginning.    O.  Reg.  605/77,  Sched.  9. 


Schedule  10 

Beginning  at  the  intersection  of  the  westerly 
bank  of  the  Gananoque  River  with  the  northerly 
limit  of  that  part  of  the  King's  Highway  known  as 


No.  401 ;  thence  in  a  westerly  direction  along  that 
northerly  limit  to  the  intersection  with  the  easterly 
limit  of  the  road  allowance  between  the  Township 
of  Pittsburgh  in  the  County  of  Frontenac  and  the 
Township  of  Front  of  Leeds  and  Lansdowne  in  the 
County  of  Leeds ;  thence  northerly  along  that  easterly 
limit  394.20  feet ;  thence  north  82°  26'  30"  east 
635.73  feet;  thence  north  0°  02'  west  1,669.35  feet; 
thence  north  79°  40'  30"  east  627.46  feet  to  the  inter- 
section with  the  line  between  Lot  A  and  Lot  1  in 
Concession  I  in  the  Township  of  Front  of  Leeds 
and  Lansdowne;  thence  northerly  along  that  line 
1,712  feet,  more  or  less,  to  the  centre  line  of  Mud 
Creek;  thence  northeasterly  along  that  centre  line 
and  the  centre  line  of  the  northerly  branch  of  that 
creek  to  the  intersection  with  the  easterly  limit  of 
Lot  7  in  Concession  I  in  the  Township  of  Front  of 
Leeds  and  Lansdowne;  thence  southerly  along  that 
easterly  limit  to  the  intersection  with  the  southerly 
bank  of  the  south  branch  of  Mud  Creek;  thence 
easterly  along  that  southerly  bank  to  the  inter- 
section with  the  westerly  bank  of  the  Gananoque 
River;  thence  southeasterly  along  that  westerly 
bank  to  the  place  of  beginning.  O.  Reg.  605/77, 
Sched.  10. 

Schedule  11 

Those  portions  of  Polar  Bear  Provincial  Park  in  the 
Territorial  District  of  Kenora,  Patricia  Portion, 
described  as  follows: 

1.  Beginning  at  the  intersection  of  the  high- water 
mark  of  the  high  tide  of  Hudson's  Bay  with  the  water's 
edge  along  the  easterly  bank  of  Little  Shagamu  River; 
thence  south  30°  00'  west  a  distance  of  5  kilometres; 
thence  north  60°  00'  west  a  distance  of  15  kilometres; 
thence  north  30°  00'  east  a  distance  of  5  kilometres, 
more  or  less,  to  the  high-water  mark  of  the  high  tide  of 
Hudson's  Bay;  thence  in  a  southeasterly  direction  along 
the  said  high-water  mark  to  the  place  of  beginning. 

2.  Beginning  at  the  intersection  of  latitude  55°  15' 
north  with  longitude  83°  45'  west;  thence  south  45°  00' 
west  a  distance  of  12  kilometres;  thence  south  45°  00' 
east  a  distance  of  7  kilometres;  thence  north  45°  00'  east 
a  distance  of  14  kilometres,  more  or  less,  to  the  high- 
water  mark  of  the  high  tide  of  Hudson's  Bay;  thence  in  a 
general  northwesterly  direction  along  the  said  high- 
water  mark  to  a  point  in  a  line  drawn  north  45°  00'  east 
from  the  place  of  beginning;  thence  south  45°  00'  west  to 
the  place  of  beginning.      O.  Reg.  98/80,  s.  4. 


962 GAME  AND  FISH Reg.  422 

Form   1 

Game  and  Fish  Act 

PROVINCIAL  HUNTING  AREA 
DAILY  WATERFOWL  BLIND  LICENCE 

Licence  Fee  $8.00 

Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  this  licence  is  issued  to 

Mr. 

Miss 

Mrs 

of 


and 


of 

(Street  Address,  P.O.  Box,  or  Rural  Route)     (City,  Town,  Village) 

to  hunt  ducks,  geese,  rails,  coots  and  gallinules  during  the  open  season  in  the  area  described  as  Blind 
No at  

This  hcence  expires  with  the  date  on  which  it  is  issued. 

Date  of  Issue 19 .  . .  Signature  of  Issuer 

O.  Reg.  605/77,  Form  1. 


(Last  Name)                                               (First  Name) 

(Initial) 

to 

(Street  Address,  P.O.  Box,  or  Rural  Route)     (City,  Town,  Village) 

(Last  Name)                                             (First  Name) 

(Initial) 

Reg.  422  GAME  AND  FISH  963 

Form  2 

Game  and  Fish  Act 

PROVINCIAL  HUNTING  AREA 
SEASONAL  WATERFOWL  LICENCE 

Licence  Fee  $8.00 

Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  this  licence  is  issued  to 

Mr. 

Miss 

Mrs.  (Last  Name)  (First  Name)  (Initial) 


of 

(Street  Address,  P.O.  Box,  or  Rural  Route)     (City,  Town,  Village) 

to  hunt  ducks,  geese,  rails,  coots  and  gallinules  during  the  open  season  in  a  Seasonal  Waterfowl  Area. 

This  licence  expires  with  the  last  day  of  the  open  season  for  ducks,  geese,  rails,  coots  and  gallinules. 

Date  of  Issue ,  19 .  . .  Signature  of  Issuer 


O.  Reg.  605/77,  Form  2. 


Form  3 

Game  and  Fish  Act 

PROVINCIAL  HUNTING  AREA 
DAILY  LICENCE  TO  HUNT  PHEASANT 

Licence  Fee  $8.00 

Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  this  licence  is  issued  to 

Mr. 

Miss 

Mrs.  (Last  Name)  (First  Name)  (Initial) 


of      

(Street  Address,  P.O.  Box,  or  Rural  Route)     (City,  Town,  Village) 

to  hunt  pheasants  in  the  area  described  as 


This  licence  expires  with  the  date  on  which  it  is  issued 

Date  of  Issue ,  19 .  . .  Signature  of  Issuer 

O.  Reg.  605/77,  Form  3. 


964  GAME  AND  FISH Reg.  422 

Form  4 

Game  and  Fish  Act 

PROVINCIAL  HUNTING  AREA 
DAILY  LICENCE  TO  HUNT  GAME  ANIMALS  AND  GAME  BIRDS 

Licence  Fee  $8.00 

Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  this  hcence  is  issued  to 

Mr. 

Miss 

Mrs.  (Last  Name)  (First  Name)  (Initial) 


of      

(Street  Address,  P.O.  Box,  or  Rural  Route)     (City,  Town,  Village) 

to  hunt  game  animals  and  game  birds  during  the  open  season  in  the  area  described  as 


This  licence  expires  with  the  date  on  which  it  is  issued. 

Date  of  Issue  ,  19 .  . .  Signature  of  Issuer 

O.  Reg.  605/77,  Form  4. 

Form  5 
Game  and  Fish  Act 
LICENCE  TO  ERECT  A  WATERFOWL  BLIND 
Under  the  Game  and  Fish  Act  and  the  regulations,  and  subject  to  the  limitations  thereof,  this  licence  is  issued  to 

Mr. 

Miss 

Mrs.  (Last  Name)  (First  Name)  (Initial) 


of      

(Street  Address,  P.O.  Box,  or  Rural  Route)     (City,  Town,  Village) 

to  erect  and  maintain  a  blind  in  the  area  described  in  paragraph  2  of  Schedule  4  to  Regulation  422  of  Revised 
Regulations  of  Ontario,  1980  until  the  15th  day  of  March,  19  . . 

March,  19.. 

Date  of  Issue 19. . .  Signature  of  Issuer 

O.  Reg.  605/77,  Form  5. 


Reg.  423 


GAME  AND  FISH 


965 


REGULATION  423 


under  the  Game  and  Fish  Act 


LAKE  ST.  LAWRENCE  HUNTING  AREA 

1.  The  lands  in  respect  of  which  an  agreement 
has  been  entered  into  under  section  6  of  the  Act 
and  described  in  the  Schedule  are  designated  in 
accordance  with  paragraph  33  of  section  92  of  the 
Act.     O.  Reg.  ,25/75,  s.  1. 

2.  Except  as  provided  in  this  Regulation ,  no  person 
shall  hunt  any  animal  or  bird  in  the  area  described 
in  the  Schedule.    O.  Reg.  25/75,  s.  2. 

3.  The  holder  of  a  Canada  Migratory  Game  Bird 
Hunting  Permit  may  hunt  migratory  game  birds  on 
any  day,  except  Sunday,  during  the  open  season 
therefor  during  the  hours  between  one-half  hour 
before  sunrise  and  one-half  hour  after  sunset  in  the 
area  described  in  the  Schedule  upon  condition  that, 

(a)  he  parks  his  motor  vehicle  in  an  area 
designated  as  a  parking  area; 

{b)  he  hunts  only  within  a  radius  of  thirty 
feet  from  a  stake  planted  and  marked  by 
an  officer  of  the  Ministry  with  the  number 
of  the  area  in  which  his  motor  vehicle  is 
parked ; 

(c)  the  area  from  which  he  hunts  is  occupied 
by  no  more  than  one  other  person;  and 

{d)  he  keeps  his  firearm  encased  except  while 
occupying  a  hunting  area.  O.  Reg.  25/75, 
s.  3. 


Schedule 


All  and  Singular  those  certain  parcels  or  tracts 
of  land  situate,  lying  and  being  in  the  townships 
of  Osnabruck  and  Cornwall  in  the  County  of 
Stormont,  and  the  Township  of  Williamsburg  in  the 
County  of  Dundas,  described  as  follows: 

Firstly : 

All  those  lands  and  waters  bounded  on  the 
north  by  the  southerly  limit  of  the  right  of  way 
of  that  part  of  the  King's  Highway  known  as 
Number  2,  bounded  on  the  south  by  the  Inter- 
national Boundary  between  Canada  and  the  United 
States  of  America,  bounded  on  the  west  by  the 
easterly  limit  of  the  right  of  way  of  County  Road 
Number  8  and  its  southerly  production,  and  bounded 
on  the  east  by  the  westerly  limit  of  the  right  of 
way  of  County  Road  Number  15  and  its  southerly 
production. 

Secondly : 

All  of  Block  B  according  to  Registered  Plan 
Number  58  in  the  said  Township  of  Williamsburg 
and  all  that  part  of  Lot  38  in  Concession  I  lying 
north  of  that  part  of  the  King's  Highway  known 
as  Number  2  in  the  said  Township  of  Osnabruck. 

Excepting  therefrom  Moulinette  Island. 

O.  Reg.  25/75.  Sched. 


Reg.  424 GAME  AND  fish 967 

REGULATION  424 

under  the  Game  and  Fish  Act 

LICENCE  TO  POSSESS  NETS 

1. — (1)  A  licence  to  possess  a  gill,  hoop,  pound,  seine,  trap  or  trawl  net  shall  be  in  a  form  furnished  by  the 
Ministry  of  Natural  Resources  and  shall  be  issued  without  payment  of  a  fee. 

(2)  A  licence  referred  to  in  subsection  (1)  expires  with  the  31st  day  of  January  next  following  the  date  on 
which  it  is  issued.     O.  Reg.  491/78,  s.  1. 


Reg.  425 


GAME  AND  FISH 


969 


REGULATION  425 


under  the  Game  and  Fish  Act 


LUTHER  MARSH  HUNTING  AREA 

1.  The  lands  in  respect  of  which  an  agreement 
has  been  entered  into  under  section  6  of  the  Act 
and  described  in  the  Schedule  are  designated  in 
accordance  with  paragraph  33  of  section  92  of  the 
Act.     O.  Reg.  426/71,  s.  1. 

2.  Except  as  provided  in  this  Regulation,  no 
person  shall  hunt  any  animal  or  bird  in  the  area 
described  in  the  Schedule  on, 

(a)  the  first  day  of  the  open  season  for 
migrating  birds ; 

(b)  the  Saturday  next  following  the  day  men- 
tioned in  clause  (a); 

(c)  the  second  Monday  in  October ;  and 

id)  the  Saturday  immediately  preceding  the  day 
mentioned  in  clause  (c).  O.  Reg.  426/71, 
s.  2;  O.  Reg.  590/75,  s.  1. 

3.  During  the  open  season  therefor,  the  holder  of  a 
licence  in  Form  S  of  Regulation  420  of  Revised  Regu- 
lations of  Ontario,  1980,  may  hunt  the  game  specified 
in  his  licence  on  the  days  mentioned  in  clauses  2  (a), 
(6),  (c)  and  (d)  in  the  area  described  in  the  Schedule 
upon  condition  that, 

(a)  he  depxjsits  his  Hcence  with  the  officer  in 
charge  and  obtains  a  licence  in  Form  1 ; 

(b)  there  are  not  as  many  as  four  hundred 
and  fifty  other  persons  hunting  in  the  area 
described  in  the  Schedule  at  the  time  he 
presents  his  licence  to  the  officer  in  charge ; 
and 

(c)  if  he  hunts  from  a  boat,  he  hunts  within  a 
radius  of  twenty-five  feet  from  a  stake 
planted  and  marked  by  an  officer  of  the 
Ministry  of  Natural  Resources.  O.  Reg. 
590/75,  s.  2;  O.  Reg.  800/80,  s.  1. 

Schedule 

All  those  lands  in  the  Township  of  East  Luther 
in  the  County  of  Dufferin  and  in  the  Township  of 
West  Luther  in  the  County  of  Wellington,  described  as 
follows: 


Firstly : 


Lots  20,  21,  the  south  half  of  the  north  half  of 
Lot  22  and  the  south  half  of  the  west  half  of  the 
north  half  of  Lot  23  in  Concession  IV;  lots  19,  20, 
21  and  23  in  Concession  V;  lots  19,  20  and  21  in 
Concession  VI;  lots  19,  20  and  21   in  Concession 


VII;  lots  19,  20  and  21  in  Concession  VIII;  lots  19. 
20  and  21  in  Concession  IX;  and  lots  19,  20  and  21 
in  Concession  X,  all  in  the  said  Township  of  Etist 
Luther. 

Secondly: 

Lot  13,  the  north  half  of  Lot  16,  all  of  lots  17  and 
18  in  Concession  V;  the  east  half  of  Lot  13  and  all 
of  lots  14,  15,  16,  17  and  18  in  Concession  VI;  the 
south  half  of  Lot  13  and  all  of  lots  14, 15, 16, 17  and  18 
in  Concession  VII ;  the  north  half  of  Lot  13,  the  north 
half  of  Lot  14,  the  east  half  of  the  south  half  of  Lot  14, 
the  east  half  of  the  west  half  of  the  south  half  of  Lot  1 4, 
all  of  lots  15,  16,  17  and  18  in  Concession  VIII; 
lots  13,  14,  15,  16,  17  and  18  in  Concession  IX; 
and  lots  13,  14,  15,  16,  17  and  18  in  Concession  X, 
all  in  the  said  Township  of  West  Luther.  O.  Reg. 
590/75,5.3. 

Form   1 

Game  and  Fish  Act 

LUTHER  MARSH  WILDLIFE 
MANAGEMENT  AREA 

FREE  DAILY  HUNTING  LICENCE 

Under  the  Game  and  Fish  Act  and  the  regula- 
tions and  subject  to  the  limitations  thereof,  this 
licence  is  issued  to: 

Mr.     Last  Name  (Print) 

Mrs. 

Miss 


First  Name  (Print) 


Initials 


Street  Address  P.O.  Box  or  Rural  Route  (Print) 


City  or  Town  or  Village  (Print) 

Province  or  State  (Print) 

to  hunt  ducks,  rails,  coots,  gallinules,  wood- 
cock, snipe,  hare,  rabbits,  grouse  and  pheasants 
during  the  open  season. 

Valid  for  this  date  only 


Signature  of  Issuer , 


O.  Reg.  426/71.  Form  1. 


Reg.  426 


GAME  AND  FISH 


971 


REGULATION  426 


under  the  Game  and  Fish  Act 


OPEN  SEASON— BLACK  BEAR 

1.  This  Regulation  is  subject  to  Regulations  403 
and  409  of  Revised  Regulations  of  Ontario,  1980,  and 
does  not  apply  to  provincial  parks  other  than  that  part 
of  Algonquin  Provincial  Park  situate  in  the  townships 
of  Bruton  and  Clyde  in  the  Provisional  County  of 
Haliburton.     O.  Reg.  649/80,  s.  1. 

2.  For  the  purpose  of  this  Regulation,  Ontario  is 
divided  into  parts  described  and  enumerated  in 
Schedule  1.     O.  Reg.  649/80,  s.  2. 

3.  In  this  Regulation,  unless  otherwise  specified, 
whenever  an  open  season  is  set  out,  the  open  season 


includes  both  the  date  of  commencement  and  the  date  of 
termination.     O.  Reg.  649/80,  s.  3. 

4.  The  holder  of  a  licence  in  Form  4  or  9  of  Regula- 
tion 420  of  Revised  Regulations  of  Ontario,  1980  may 
hunt  black  bear  in  the  part  of  Ontario  specified  in 
Column  1  of  an  item  of  Schedule  2  during  the  open 
season  specified  in  Column  2  of  the  item  subject  to  the 
conditions  set  out  in  Column  3  of  the  item.  O.  Reg. 
649/80,  s.  4. 

5.  The  conditions  set  out  in  Column  3  of  items  2  and 
5  of  Schedule  2  do  not  apply  to  the  holder  of  a  licence  to 
hunt  or  trap  fur-bearing  animals  when  he  hunts  or  traps 
black  bear  within  the  trap-line  area  described  in  his 
licence.     O.  Reg.  649/80,  s.  5. 


Schedule  1 
Part  1 

All  those  lands  in  the  Territorial  District  of  Kenora  (Patricia  Portion) 
described  as  follows: 

Beginning  at  the  intersection  of  the  Interpr ovine ial  Boundary  between 
Ontario  and  Manitoba  with  the  water's  edge  along  the  southerly  shore  of 
Hudson  Bay;    thence  in  a  southwesterly  and  southerly  direction  along  that 
Interpr  ovine  ial  Boundaiy  to  the  centre  line  of  Moar  Lake;    thence  in  an 
easterly,    northeasterly  and  southeasterly  direction  along  the  centre  line  of 
Moar  Lake  and  the  main  channel  of  the  Berens  River  System  composed  of 
Sharpstone  Lake,    Stout  Lake,    Pikangikum  Lake,    Berens  Lake  and  Nechigona 
Lake  to  the  centre  line  of  Goose  Lake;    thence  easterly  and  northerly  along 
the  centre  line  of  Goose  Lake  and  the  most  northerly  bay  of  Goose  Lake  to  the 
intersection  with  the  11th  Base  Line;    thence  easterly  along  that  base  line  to 
the  centre  line  of  the  Wabassi  River;    thence  easterly  along  that  centre  line  to 
the  centre  line  of  the  Albany  River;    thence  in  a  southeasterly  and  north- 
easterly direction  following  that  centre  line  and  the  centre  line  of  the  southerly 
channel  of  that  river  lying  southerly  of  the  islands  at  the  mouth  of  the  Albany 
River  to  the  confluence  with  the  waters  of  Jarnes  Bay;    thence  in  a  northerly 
and  northwesterly  direction  following  the  water's  edge  of  James  Bay  and 
Hudson  Bay  to  the  place  of  beginning. 

Part  2 

All  those  lands  in  the  Territorial  District  of  Kenora  (Patricia  Portion) 
described  as  follows: 

Beginning  at  the  intersection  of  the  Interpro  vine  ial  Boundary  between 
Ontario  and  Manitoba  with  the  7th  Base  Line;    thence  easterly  along  that 
base  line  to  the  centre  line  of  the  Sturgeon  River  flowing  through  Fletcher 
Lake;    thence  in  a  northeasterly  and  northerly  direction  along  the  centre  line 
of  the  Sturgeon  River  flowing  through  Fletcher  Lake,    Roger  Lake  and  Right 
Lake  to  the  centre  line  of  Sydney  Lake;    thence  in  a  northeasterly  direction 
along  that  centre  line  to  the  centre  line  of  the  most  northeasterly  bay  of 
Sydney  Lake;    thence  along  that  centre  line  to  the  intersection  with  the  high- 
water  mark  on  the  most  northeasterly  bay  of  Sydney  Lake;    thence  continuing 


972 GAME  AND  FISH Reg.  426 

in  a  northeasterly  direction  along  connecting  waterways  and  portages  to  the 
intersection  with  the  high- water  mark  on  the  south  shore  of  Longlegged 
Liake;    thence  in  a  northeasterly  direction  across  Longlegged  Lake  to  a 
small  stream  draining  into  the  said  lake;    thence  in  a  northerly  direction 
along  portages  and  interconnecting  waters  to  the  intersection  with  the  high- 
water  mark  on  the  nnost  southerly  extrennity  of  Upper  Medicine  Stone  Lake; 
thence  in  a  general  northeasterly  direction  along  the  centre  line  of  Upper 
Medicine  Stone  Lake  to  the  southerly  production  of  the  centre  line  of  the 
stream  connecting  Upper  Medicine  Stone  Lake  and  Medicine  Stone  Lake; 
thence  northerly  along  that  production  and  the  centre  line  of  that  stream  and 
its  northerly  production  across  Medicine  Stone  Lake  to  a  streann  flowing  into 
Tack  Lake;    thence  northerly  along  that  stream,   the  centre  line  of  Tack  Lake 
and  the  stream  connecting  Tack  Lake  and  Parker  Lake,   the  centre  line  of 
Parker  Lake  and  the  northeasterly  production  of  the  centre  line  of  Parker 
Lake  to  the  centre  line  of  Red  Lake;    thence  in  a  general  westerly  and  north- 
westerly direction  along  the  centre  line  of  Red  Lake  through  Middle  Narrows, 
Pipestone  Narrows  and  Pipestone  Bay  to  the  intersection  with  the  high- water 
mark  along  the  northerly  shore  of  Pipestone  Bay;    thence  easterly  in  a  straight 
line  to  the  intersection  with  the  high-water  mark  at  the  nnost  westerly  extrem- 
ity of  Hammell  Lake;    thence  in  a  northeasterly  direction  along  the  centre  line 
of  Hammell  Lake  to  the  intersection  with  the  high- water  mark  at  the  most 
northerly  extremity  of  Hammell  Lake;    thence  northerly  in  a  straight  line  to 
the  intersection  with  the  high- water  mark  at  the  most  southwesterly  extrernity 
of  Alford  Lake;    thence  in  a  southeasterly,   northeasterly  and  northwesterly 
direction  along  the  centre  line  of  interconnecting  waters  coniposed  of  Alford 
Lake,    Corallen  Lake  and  Little  Vermillion  Lake  to  the  intersection  with  the 
southeasterly  production  of  the  centre  line  of  the  Chukuni  River;    thence  in  a 
northwesterly  and  northerly  direction  along  that  production  and  the  centre  line 
of  the  Chvikuni  River  composed  of  Rathouse  Lake  and  Odin  Lake  to  the  inter- 
section with  the  high-water  mark  at  the  most  northwesterly  extrennity  of  Odin 
Lake;    thence  northwesterly  in  a  straight  line  to  the  intersection  with  the  high- 
water  mark  at  the  most  southerly  extremity  of  Borel  Lake;    thence  in  a 
northerly  direction  along  the  centre  line  of  Borel  Lake  to  the  intersection  with 
the  centre  line  of  the  Dowling  River;    thence  in  a  northeasterly  and  northerly 
direction  along  the  centre  line  of  the  Dowling  River  composed  of  Harding  Lake, 
Hornblendite  Lake,   Dowling  Lake  and  Pikangikunn  Lake  to  the  intersection 
with  the  southeasterly  production  of  the  centre  line  of  the  main  channel  of  the 
Berens  River;    thence  in  a  northwesterly,    westerly  and  southwesterly 
direction  along  that  production  and  the  centre  line  of  the  main  channel  of  the 
Berens  River  composed  of  Stout  Lake  and  Sharpstone  Lake  to  the  centre  line  of 
Moar  Lake;    thence  westerly  along  that  centre  line  to  the  intersection  with  the 
Interprovincial  Boundary  between  Ontario  and  Manitoba;    thence  southerly 
along  the  Interprovincial  Boundary  between  Ontario  and  Manitoba  to  the  place 
of  beginning. 

Part  3 

All  those  lands  in  the  Territorial  District  of  Kenora  (Patricia  Portion) 
described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Sturgeon  River 
flowing  through  Fletcher  Lake  with  the  7th  Base  Line;    thence  easterly  along 
that  base  line  to  the  intersection  with  the  centre  line  of  the  English  River; 
thence  in  a  northeasterly  direction  along  that  centre  line  composed  of  Oak 
Lake,    Wilcox  Lake,    Goose  Lake,    Wegg  Lake,    Barnston  Lake  and  Camping 
Lake  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    105;    thence  in  a  northerly  direction  along  that  centre  line  to 


Reg.  426 GAME  AND  FISH 973 

the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  Secondary  Highway  No.   657;    thence  in  a  northeasterly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  the  right  of  way  of 
Ontario  Hydro  in  the  geographic  Township  of  Knott;    thence  in  a  northeasterly 
and  northerly  direction  along  that  centre  line  to  the  intersection  with  the  high- 
water  mark  on  the  easterly  shore  of  Shabvwneni  Lake;    thence  in  a  northerly 
direction  along  that  high- water  mark,   along  the  stream  between  Little 
Shabumeni  Lake  and  Shabumeni  L^ke  and  the  high- water  mark  of  Little 
Shabumeni  Lake  to  the  most  northerly  extremity  of  Little  Shabumeni  Lake; 
thence  northwesterly  in  a  straight  line  to  the  intersection  with  the  high- water 
mark  along  the  most  southeasterly  extremity  of  Mainprize  Lake;    thence  in 
a  northerly  direction  along  the  centre  line  of  Mainprize  Lake  to  the  inter- 
section with  the  centre  line  of  the  Berens  River;    thence  in  a  northerly,   north- 
westerly and  westerly  direction  along  that  centre  line  composed  of  Southwest 
Lake,   Upper  Goose  Lake,   Mamakwash  Lake,   Goose  Lake,    Berens  Lake  and 
Pikangikum  Lake  to  the  intersection  with  the  centre  line  of  Pikangikum  Lakej 
thence  in  a  southerly  direction  along  that  centre  line  to  the  intersection  with 
the  centre  line  of  the  Dowling  River;    thence  in  a  southerly  and  westerly 
direction  along  that  centre  line  connposed  of  Dowling  Lake,    Hornblendite 
Lake,    Harding  Lake  and  Borel  Lake  to  the  intersection  with  the  high- water 
mark  along  the  most  southerly  extremity  of  Borel  Lake;    thence  in  a  south- 
easterly direction  along  a  straight  line  to  the  intersection  of  the  high- water 
mark  along  the  most  northwesterly  extrernity  of  Odin  Lake;    thence  in  a 
southerly  direction  along  the  centre  line  of  Odin  Lake  to  the  intersection  with 
the  centre  line  of  the  Chukuni  River;    thence  in  a  southeasterly  direction  along 
that  centre  line  composed  of  Rathouse  Lake  and  the  southeasterly  production 
of  the  Ch\ikuni  River  to  the  centre  line  of  Little  Vermillion  Lake;    thence  in  a 
southwesterly  direction  along  that  centre  line  and  the  centre  line  of  inter- 
connecting waters  composed  of  Corallen  Lake  and  Alford  Lake  to  the  inter- 
section with  the  high- water  mark  along  the  most  southwesterly  extremity  of 
Alford  Lake;    thence  southerly  in  a  straight  line  to  the  intersection  with  the 
high- water  mark  along  the  most  northerly  extremity  of  Hamnnell  Lake;    thence 
in  a  southwesterly  direction  along  the  centre  line  of  Hammell  Lake  to  the 
most  westerly  extremity  thereof;    thence  westerly  in  a  straight  line  to  the 
high- water  mark  along  the  most  northeasterly  extremity  of  Pipestone  Bay; 
thence  in  a  southerly,   easterly  and  southerly  direction  along  the  centre  line 
of  Pipestone  Bay,    Pipestone  Narrows  and  Middle  Narrows  of  Red  Lake  and 
Red  Lake  to  the  northeasterly  production  of  the  centre  line  of  Parker  Lake; 
thence  southwesterly  along  that  production  and  the  centre  line  of  Parker 
Lake,   the  stream  connecting  Parker  Lake  and  Tack  Lake,    and  the  centre  line 
of  Tack  Lake,   to  the  stream  between  Tack  Lake  and  Medicine  Stone  Lake; 
thence  southerly  along  that  stream  and  its  southerly  production  across 
Medicine  Stone  Lake  to  the  stream  between  Medicine  Stone  Lake  and  Upper 
Medicine  Stone  Lake;    thence  southerly  along  that  streann  and  its  southerly 
production  to  the  centre  line  of  Upper  Medicine  Stone  Lake;    thence  in  a 
southwesterly  direction  along  the  centre  line  of  Upper  Medicine  Stone  Lake 
to  the  most  southwesterly  extremity  thereof;    thence  in  a  southerly  direction 
along  connecting  waterways  and  portages  to  a  stream  flowing  into  Longlegged 
Lake;    thence  southwesterly  across  Longlegged  Lake  to  and  along  portages 
and  waterways  to  the  most  northeasterly  bay  of  Sydney  Lake;    thence  south- 
westerly along  the  centre  line  of  the  most  northeasterly  bay  of  Sydney  Lake, 


974 GAME  AND  FISH Reg.  426 

the  centre  line  of  Sydney  Lake  and  the  centre  line  of  the  Sturgeon  River 
composed  of  Right  Lake  and  Roger  Lake  to  the  centre  line  of  Fletcher  Lake; 
thence  southwesterly  along  that  centre  line  to  the  place  of  beginning. 

Part  4 


All  those  lands  in  the  Territorial  District  of  Kenora  (Patricia  Portion) 
described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    105  with  the  centre  line  of  the  English  River;    thence 
easterly  along  that  centre  line  and  the  easterly  production  of  that  centre  line 
to  the  centre  line  of  Lac  Seul;    thence  in  a  southeasterly  and  easterly  direction 
along  that  centre  line  through  Shanty  Narrows,    Poplar  Narrows,    Manitou 
Narrows  and  Sen  Bay  and  Bindo  Lake  to  the  most  easterly  extremity  of  Bindo 
Lake;    thence  southeasterly  to  the  rnost  northerly  extremity  of  Stranger  Lake; 
thence  in  a  southwesterly  direction  along  the  centre  line  of  Stranger  Lake, 
the  creek  between  McDougall  Bay  of  Marchington  Lake  and  Stranger  Lake  and 
McDougall  Bay  to  the  nnost  southwesterly  extremity  thereof;    thence  south 
astronomically  to  the  centre  line  of  the  right   of  way  of  the  Canadian  National 
Railway  Company;    thence  easterly  along  that  centre  line  to  the  connecting 
waters  between  Singapore  Lake  and  Tawatina  Lake;    thence  in  a  northeasterly 
direction  along  the  centre  line  of  that  stream,    Tawatina  Lake,    Tawatina 
River  and  Lewis  Lake  to  the  portage  at  the  northerly  limit  of  Lewis  Lake; 
thence  northeasterly  along  that  portage  to  the  southerly  extremity  of 
Farrington  Lake;    thence  in  a  northerly  and  westerly  direction  along  the  centre 
line  of  Farrington  Lake  and  Schist  Lake,    both  forming  part  of  the  Marchington 
River,   to  a  stream  flowing  from  Runway  Lake;    thence  northeasterly  along 
that  stream  to  the  most  southerly  extremity  of  Runway  Lake;    thence  in  a 
westerly  direction  along  smiall  lakes  and  portages  to  the  most  southerly 
extremity  of  Moose  Lake;    thence  in  a  northeasterly  direction  along  the  centre 
line  of  Moose  Lake,    Moose  Creek  and  Elam  Lake  to  the  most  southerly  bay  of 
Ragged  Wood  Lake;    thence  westerly  and  northerly  along  the  centre  line  of  the 
most  southerly  bay  of  Ragged  Wood  Lake,   the  connecting  waters  between  the 
most  southerly  bay  of  Ragged  Wood  Lake  and  Mask  Lake,    and  Mask  Lake  to 
the  centre  line  of  the  Vermilion  River;    thence  northerly  and  westerly  along 
that  centre  line,   the  waters  connecting  the  Vermilion  River  and  Enrae  Lake, 
and  Enrae  Lake  to  the  high-water  mark  along  the  northerly  bank  of  the  waters 
connecting  Enrae  Lake  and  Sleen  Lake;    thence  westerly  along  that  high- water 
mark  and  the  high-water  mark  along  the  northerly  shore  of  Sleen  Lake  to  the 
most  northerly  extremity  of  Sleen  Lake;    thence  westerly  in  a  straight  line  to 
the  most  southerly  extremity  of  McNeely  Lake;    thence  in  a  northeasterly 
direction  along  the  centre  lines  of  McNeely  Lake,    Free  Creek,   Adamhay 
Lake,    Root  River,    Root  Bay  and  the  West  Channel  of  Lake  St.    Joseph, 
Blackstone  Lake,    Roadhouse  Lake,    Bamaji  Lake  and  North  Bamaji  Lake  to 
the  centre  line  of  the  right   of  way  of  Ontario  Hydro  at  Slate  Falls;    thence  in 
a  westerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  the  north- south  right  of  way  of  Ontario  Hydro  in  the  geographic 
Township  of  Dent;    thence  in  a  southwesterly  direction  along  that  centre  line 


Reg.  426 


GAME  AND  FISH 


975 


to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway- 
known  as  Secondary  Highway  No.    657;    thence  in  a  westerly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    105;    thence  in  a  southeasterly  direction  along 
that  centre  line  to  the  place  of  beginning. 


Part  5 


All  those  lands  in  the  Territorial  District  of  Kenora described  as 
follows: 


Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  Secondary  Highway  No.    647  in  the  Town  of  Mcintosh; 
thence  in  a  southeasterly  direction  along  the  centre  line  of  that  King's  Highway 
to  the  intersection  with  the  southwesterly  production  of  the  centre  line  of 
Smellie  Lake;    thence  in  a  northeasterly  direction  along  that  production  and 
the  centre  line  of  Smellie  Lake  and  along  the  centre  line  of  the  stream  connect- 
ing Smellie  Lake  and  Bowden  Lake  to  the  intersection  with  the  centre  line  of 
the  right   of  way  of  the  Canadian  National  Railway  Company;    thence  in  an 
easterly  direction  along  that  centre  line  to  the  intersection  with  the  westerly 
boundary  of  the  geographic  Township  of  Breithaupt;    thence  southerly  and 
easterly  along  the  westerly  and  southerly  boundaries  of  that  township  to  the 
northeasterly  corner  of  the  geographic  Township  of  Drope;    thence  southerly 
along  the  easterly  boundary  of  the  geographic  townships  of  Drope  and 
Brownridge  to  the  southeast  corner  of  the  geographic  Township  of  Brownridge; 
thence  easterly  along  the  southerly  boundary  of  the  geographic  Township  of 
Laval  to  the  northwest  corner  of  the  geographic  Township  of  Hartman;    thence 
southerly  and  easterly  along  the  westerly  and  southerly  boundary  of  that  town- 
ship to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.   72;    thence  in  a  southwesterly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  No.    17;    thence  in  a  southeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  easterly  boundary  of  the  geographic  Township  of  Hodgson; 
thence  northerly  along  that  boundary,    the  easterly  boundary  of  the  geographic 
Township  of  Hyndman  and  the  production  of  that  boundary  to  the  intersection 
with  the  centre  line  of  the  stream  flowing  into  Basket  Lake;    thence  in  a  north- 
easterly direction  along  that  centre  line  to  the  intersection  of  the  high- water 
mark  at  the  most  southerly  extremity  of  Basket  Lake;    thence  in  a  northerly 
and  northeasterly  direction  along  the  centre  line  of  that  lake  to  the  inter- 
section with  the  high-water  mark  of  the  most  northeasterly  bay  of  that  lake; 
thence  northerly  in  a  straight  line  to  the  intersection  with  the  high-water 
mark  of  the  most  southwesterly  lake  connecting  with  the  Amik  River;    thence 
northerly  along  the  centre  line  of  that  lake  to  the  intersection  with  the  centre 
line  of  the  Amik  River;    thence  in  a  northerly  and  northeasterly  direction 
along  that  centre  line  composed  of  Amik  Lake  and  Loggers  Lake  to  the  inter- 
section with  the  centre  line  of  the  English  River;    thence  in  an  easterly  direc- 
tion along  that  centre  line  composed  of  Flying  Loon  Lake  and  Jarvis  Lake  to 
the  intersection  with  the  centre  line  of  Jarvis  Lake;    thence  in  a  northeasterly 


976  GAME  AND  FISH  Reg.  426 

direction  along  that  centre  line  to  the  intersection  with  the  high-water  mark  at 
the  moat  northerly  extremity  of  that  lake;    thence  northerly  along  a  straight 
line  to  the  intersection  with  the  high-water  mark  at  the  most  westerly 
extremity  of  Lake  of  Bays;    thence  in  a  northeasterly  and  northwesterly 
direction  along  a  centre  line  connecting  Lake  of  Bays,    Lake  of  Bays  River, 
Conver  Lake  and  Singapore  Lake  to  the  intersection  of  the  connecting  waters 
between  Singapore  Lake  and  Tawatina  Lake  with  the  centre  line  of  the  right 
of  way  of  the  Canadian  National  Railway  Company;    thence  westerly  along  that 
centre  line  to  a  line  drawn  south  astronomically  from  the  most  southwesterly 
extremity  of  McDougall  Bay;    thence  north  astronomically  along  that  line  to 
the  southwesterly  extremity  of  McDougall  Bay;    thence  northeasterly  along 
the  centre  line  of  McDougall  Bay,   the  stream  between  McDougall  Bay  and 
Stranger  Lake,   and  the  centre  line  of  Stranger  Lake  to  the  most  northerly 
extremity  thereof;    thence  northwesterly  to  the  most  easterly  extremity  of 
Bindo  Lake;    thence  westerly  and  northerly  along  the  centre  line  of  Bindo 
Lake  to  the  centre  line  of  Sen  Bay  of  Lac  Seul;    thence  in  a  westerly  and 
northwesterly  direction  along  the  centre  line  of  Sen  Bay  and  the  centre  line 
of  Lac  Seul  composed  of  Manitou  Narrows,   Poplar  Narrows  and  Shanty 
Narrows  to  the  easterly  production  of  the  centre  line  of  the  English  River; 
thence  westerly  along  that  production  in  a  southwesterly,    southerly  and 
southeasterly  direction  along  the  centre  line  of  the  English  River  composed 
of  Camping  Lake,    Barnston  Lake,    Wegg  Lake,    Goose  Lake,    Wilcox  Lake, 
Oak  Lake,    Maynard  Lake,    Tide  Lake  and  Ball  Lake  and  the  Wabigoon  River 
composed  of  Segise  Lake  and  Canyon  River  to  the  most  northerly  extremity 
of  Outlet  Bay  of  Canyon  Lake;    thence  in  a  southerly  and  easterly  direction 
along  the  centre  line  of  Outlet  Bay  and  Canyon  Lake  to  the  intersection  with 
a  straight  line  extending  northerly  from  the  high- water  mark  of  Canyon  Lake 
at  the  Town  of  Mcintosh;    thence  southerly  along  that  straight  line  to  the  place 
of  beginning. 


Part  6 


All  those  lands  in  the  territorial  districts  of  Kenora  and  Kenora  (Patricia 
Portion)  described  as  follows: 

Beginning  at  the  intersection  of  the  Interprovincial  Boundary  between 
Ontario  and  Manitoba  with  the  centre  line  of  the  right  of  way  of  the  Canadian 
National  Railway  Company;    thence  easterly  along  that  centre  line  to  the  inter- 
section with  a  straight  line  extending  southerly  from  the  high- water  mark  of 
Canyon  Lake  at  the  Town  of  Mcintosh;    thence  northerly  along  that  straight  line 
to  the  intersection  of  the  high- water  mark  of  Canyon  Lake;    thence  north- 
westerly,  northerly  and  westerly  along  a  centre  line  connecting  Canyon  Lake, 
Outlet  Bay,    Canyon  River,    Segise  Lake  and  the  Wabigoon  River  to  the  inter- 
section with  the  centre  line  of  the  English  River  System;    thence  in  a  north- 
westerly,  northeasterly  and  northerly  direction  along  that  centre  line 
composed  of  Ball  Lake,    Tide  Lake  and  Maynard  Lake  to  the  intersection  with 
the  7th  Base  Line;    thence  westerly  along  that  base  line  to  the  intersection  with 
the  Interprovincial  Boundary  between  Ontario  and  Manitoba;    thence  southerly 
along  that  Interprovincial  Boundary  to  the  place  of  beginning. 


Reg.  426  GAME  AND  FISH 977 

Part  7A 

All  that  part  of  the  Territorial  District  of  Kenora  composed  of  the 
Aulneau  Peninsula  west  of  Turtle  Portage  excluding  all  off-shore  islands 
in  Lake  of  the  Woods. 

Part  7B 

All  those  lands  in  the  territorial  districts  of  Kenora  and  Rainy  River 
described  as  follows: 

Beginning  at  the  intersection  of  the  Interprovincial  Boundary  between 
Ontario  and  Manitoba  with  the  International  Boundary  between  Canada  and  the 
United  States  of  America;    thence  easterly  and  southerly  along  that  boundary 
to  the  intersection  with  latitude  49°00';    thence  easterly  along  that  latitude  to 
the  intersection  with  the  high- water  mark  on  the  easterly  shore  of  Lake  of  the 
Woods;    thence  northerly  following  that  high- water  mark  to  the  intersection 
with  the  centre  line  of  a  road  known  as  No.   4;    thence  easterly  along  that  road 
to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  Secondary  Highway  No.    619;    thence  southerly  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  Secondary  Highway  No.    600;    thence  easterly  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  the  southerly  production  of  a  road  running 
north  and  east  across  the  geographic  townships  of  De wart,    Rowe  and  Menary; 
thence  northerly  and  easterly  along  that  production  and  that  centre  line  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.   71;  ^thence  northerly  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  Regina  Bay  of  Lake  of  the  Woods  at  Siovix  Narrows;    thence 
easterly  along  that  centre  line  and  its  easterly  production  to  the  centre  line 
of  Dogpaw  Lake;    thence  easterly,    northerly  and  westerly  along  the  centre 
lines  of  lakes  and  connecting  waterways  composed  of  Dogpaw  Lake,    Caviar 
Lake,   Denmark  Lake,   Atikwa  Lake,    Populus  Lake  and  Betula  Lake  to  the 
intersection  with  the  high- water  mark  on  the  westerly  shore  of  the  most 
westerly  extremity  of  Betula  Lake;    thence  westerly  in  a  straight  line  to  the 
intersection  with  the  high- water  mark  on  the  easterly  shore  of  the  most 
easterly  extremity  of  Warclub  Lake;    thence  westerly,    northerly  and  easterly 
along  the  centre  line  of  Warclub  Lake,   Dryberry  Lake,    Point  Bay,    Point  Lake, 
Teggau  Lake  and  Vermilion  Bay  to  the  intersection  with  the  high- water  mark 
on  the  northerly  shore  of  Vermilion  Bay  at  the  Town  of  Vermilion  Bay; 
thence  northerly  in  a  straight  line  to  the  intersection  with  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.    647;    thence 
northwesterly  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
the  right  of  way  of  the  Canadian  National  Railway  Company;    thence  westerly 
along  that  centre  line  to  the  intersection  with  the  Interprovincial  Boundary 
between  Ontario  and  Manitoba;    thence  southerly  along  that  boundary  to  the 
place  of  beginning. 

Saving  and  excepting  therefrom  all  those  lands  known  as  Aulneau 
Peninsula  west  of  Turtle  Portage  excluding  all  off-shore  islands  in  Lake  of  the 
Woods. 


978 GAME  AND  FISH Reg.  426 

Part  8 

All  those  lands  in  the  Territorial  District  of  Kenora  described  as 
follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    647;    thence  northwesterly  along 
the  centre  line  of  that  part  of  the  King's  Highway  known  as  Secondary  Highway 
No.    647  to  the  intersection  with  the  southwesterly  production  of  the  centre 
line  of  Smellie  Lake;    thence  in  a  northeasterly  direction  along  that  production 
and  the  centre  line  of  Smellie  Lake,    along  the  centre  line  of  the  stream 
connecting  Smellie  Lake  and  Bowden  Lake  to  the  intersection  with  the  centre 
line  of  the  right  of  way  of  the  Canadian  National  Railway  Company;    thence 
easterly  along  that  centre  line  to  the  intersection  with  the  westerly  boundary 
of  the  geographic  Township  of  Breithaupt;    thence  southerly  and  easterly  along 
the  westerly  and  southerly  boundaries  of  that  township  to  the  northeast  corner 
of  the  geographic  Township  of  Drope;    thence  southerly  along  the  easterly 
boundaries  of  the  geographic  townships  of  Drope  and  Brownridge  to  the  south- 
east corner  of  the  geographic  Township  of  Brownridge;    thence  easterly  along 
the  southerly  boundary  of  the  geographic  Township  of  Laval  to  the  northwest 
corner  of  the  geographic  Township  of  Hartman;    thence  southerly  and  easterly 
along  the  westerly  and  southerly  boundary  of  that  township  to  the  intersection 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    72;    thence 
southwesterly  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  No.    17;    thence  southeasterly  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  McKenzie  Creek; 
thence  westerly,    southwesterly  and  southerly  along  that  centre  line  and 
connecting  waters  composed  of  McKenzie  Creek,   Dinorwic  Lake,    Stanawan 
Bay,    Minnehaha  Lake  and  Peak  Lake  to  the  intersection  with  the  production 
of  the  centre  line  of  the  portage  between  Peak  Lake  and  Sasakwei  Lake; 
thence  westerly  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  Sasakwei  Lake;    thence  southerly  along  that  centre  line  and  connecting 
waters  and  portage  composed  of  Sasakwei  Lake  and  Kabagukski  Lake  to  the 
intersection  with  the  easterly  production  of  a  straight  line  from  the  most 
northerly  extremity  of  Trafalgar  Bay  of  Upper  Manitou  Lake;    thence 
westerly  along  that  straight  line  to  the  intersection  with  the  centre  line  of 
Trafalgar  Bay;    thence  southwesterly,    northwesterly,    westerly  and  northerly 
along  that  centre  line  and  connecting  waters  and  portage  composed  of  Upper 
Manitou  Lake,    Manitou  Straits,    Lower  Manitou  Lake,    Calder  Lake,    Syndicate 
Lake,    Picture  Narrows  Lake,    Cleftrock  Lake,    Pan  Lake,    Lawrence  Leike, 
Hill  Lake,    Brooks  Bay,    Rowan  Lake,   Denmark  Lake,   Atikwa  Lake,    Populus 
Lake  and  Betula  Lake  to  the  intersection  with  the  high- water  mark  on  the 
westerly  shore  of  the  most  westerly  extrernity  of  Betula  Lake;    thence 
westerly  in  a  straight  line  to  the  intersection  with  the  high- water  mark  on  the 
easterly  shore  of  the  most  easterly  extrennity  of  Warclub  Lake;    thence 
westerly,    northerly  and  easterly  along  the  centre  line  of  Warclub  Lake  and 
connecting  waters  composed  of  Warclub  Lake,   Dryberry  Lake,    Point  Bay, 
Point  Lake,    Teggau  Lake  and' Vermilion  Bay  to  the  intersection  with  the  high- 
water  mark  on  the  northerly  shore  of  Vermilion  Bay  at  the  Dispersed  Rural 
Community  of  Vermilion  Bay;    thence  northerly  in  a  straight  line  to  the  place 
of  beginning. 


Reg.  426  GAME  AND  FISH  979 

Part  9 


All  those  lands  in  the  territorial  districts  of  Kenora  and  Rainy  River 
described  as  follows: 


1.     Beginning  at  the  intersection  of  that  part  of  the  King's  Highway  known 
as  No.    17  with  the  centre  line  of  McKenzie  Creek;    thence  westerly,    south- 
westerly and  southerly  along  the  centre  line  of  McKenzie  Creek  and  connecting 
waters  composed  of  McKenzie  Creek,   Dinorwic  Lake,    Stanawan  Bay, 
Minnehaha  Lake  and  Peak  Lake  to  the  intersection  with  the  production  of  the 
centre  line  of  the  portage  between  Peak  Lake  and  Sasakwei  Lake;    thence 
westerly  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
Sasakwei  Lake;    thence  southerly  along  that  centre  line  and  connecting  waters 
and  portages  composed  of  Sasakwei  Lake  and  Kabagukski  Lake  to  the  inter- 
section with  the  easterly  production  of  a  straight  line  from  the  most  northerly 
extremity  of  Trafalgar  Bay  of  Upper  Manitou  Lake;    thence  westerly  along 
that  straight  line  to  the  intersection  with  the  centre  line  of  Trafalgar  Bay; 
thence  southwesterly,   northwesterly,    westerly  and  northerly  along  the  centre 
line  of  lakes,    connecting  waters  and  portage  composed  of  Upper  Manitou 
Lake,    Manitou  Straits,    Lower  Manitou  Lake,    Calder  Lake,    Syndicate  Lake, 
Picture  Narrows  Lake,    Cleftrock  Lake,    Pan  Lake,    Lawrence  Lake,   Hill 
Lake,    Brooks  Bay,    Rowan  Lake,   Denmark  Lake,    Caviar  Lake,   Dogpaw 
River,   Dogpaw  Lake,   the  westerly  production  of  the  centre  line  of  Dogpaw 
Lake  and  Regina  Bay  of  Lake  of  the  Woods  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    71  at  Sioux  Narrows; 
thence  in  a  southerly  direction  along  that  centre  line  to  the  intersection  with 
the  southerly  boundary  of  the  Territorial  District  of  Kenora;    thence  in  an 
easterly  direction  along  that  boundary  to  the  intersection  with  the  centre  line 
of  Eltrut  Lake,   being  part  of  the  Turtle  River  System;    thence  in  a  northerly, 
easterly  and  northeasterly  direction  along  the  centre  line  of  that  river  system 
composed  of  Eltrut  Lake,    Jones  Lake,    Pekagoning  Lake,    Bending  Lake  and 
Bending  Creek  to  the  intersection  with  the  southerly  boundary  of  the  geographic 
Township  of  Hodgson;    thence  easterly  along  that  boundary  to  the  intersection 
with  the  centre  line  of  Revell  Lake;    thence  northerly  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  the  Revell  River;    thence  northerly 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  No.    17;    thence  northwesterly  along  that  centre 
line  to  the  place  of  beginning. 


2.  Beginning  at  the  intersection  of  the  northerly  boundary  of  the  Terri- 

torial District  of  Rainy  River  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    71;    thence  in  a  southerly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  a  road  known  as  Camp  404  Road; 
thence  easterly  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
the  right  of  way  of  Ontario  Hydro;    thence  southeasterly  along  that  centre  line 
to  the  intersection  with  the  westerly  production  of  the  southerly  boundary  of 
Indian  Reserve  16A;    thence  easterly  along  that  production  and  that  southerly 


980 GAME  AND  FISH Reg.  426 

boundary  to  the  intersection  with  the  high- water  mark  on  the  westerly  shore 
of  Sand  Bay  of  Rainy  Lake;    thence  in  a  northeasterly  and  northerly  direction 
along  that  high- water  nnark  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    11;    thence  in  an  easterly  direction 
along  that  centre  line  to  the  intersection  with  a  straight  line  drawn  south  from 
the  most  easterly  extrennity  of  Little  Turtle  Lake;    thence  northerly  along 
that  straight  line  to  the  high- water  mark  of  that  extremity  of  Little  Turtle 
Lake;    thence  westerly,    northeasterly,    northerly  and  easterly  along  the  centre 
line  of  that  part  of  the  Turtle  River  System  composed  of  Little  Turtle  Lake, 
Turtle  River,    Robinson  Lake  and  Eltrut  Lake  to  the  intersection  with  the 
northerly  boundary  of  the  Territorial  District  of  Rainy  River;    thence  westerly 
along  that  boundary  to  the  place  of  beginning. 


Part  10 


All  those  lands  in  the  Territorial  District  of  Rainy  River  described  as 
follows: 

Beginning  at  the  intersection  of  the  International  Boundary  between  the 
United  States  of  America  and  Canada  with  latitude  49°00';    thence  easterly 
along  that  latitude  to  the  intersection  with  the  high- water  mark  on  the  easterly 
shore  of  Lake  of  the  Woods;    thence  northerly  following  that  high- water  mark 
to  the  intersection  with  the  centre  line  of  a  road  known  as  No.    4;    thence 
easterly  along  that  road  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  Secondary  Highway  No.    619;    thence  southerly 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  Secondary  Highway  No.    600;    thence  easterly  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  the  southerly  pro- 
duction of  a  road  running  north,    east  and  west  across  the  geographic  townships 
of  Dewart,    Rowe  and  Menary;    thence  northerly  and  easterly  along  that  pro- 
duction and  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.    71;    thence  continuing  easterly  along  the 
centre  line  of  a  road  known  as  Camp  404  Road  to  the  intersection  with  the 
centre  line  of  the  right   of  way  of  Ontario  Hydro;    thence  southeasterly  along 
that  centre  line  to  the  intersection  with  the  westerly  production  of  the  southerly 
boundary  of  Indian  Reserve  16A;    thence  easterly  along  that  production  and 
that  southerly  boundary  to  the  intersection  with  the  high- water  mark  on  the 
westerly  shore  of  Sand  Bay  of  Rainy  Lake;    thence  southerly  along  that  high- 
water  mark  to  the  intersection  with  the  centre  line  of  the  right  of  way  of  the 
former  Duluth,    Winnipeg  and  Pacific  Railway  Company,    now  the  right  of  way 
of  the  Canadian  National  Railway  Company;    thence  easterly  along  that  centre 
line  to  the  intersection  with  the  International  Boundary  between  the  United 
States  of  America  and  Canada;    thence  westerly,    southerly  and  northerly  along 
that  boundary  to  the  place  of  beginning. 


Part  11 


All  those  lands  in  the  territorial  districts  of  Rainy  River  and  Thtinder 
Bay  described  as  follows: 


Reg.  426  GAME  AND  FISH  981 

1.     Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of 
the  former  Duluth,    Winnipeg  and  Pacific  Railway  Company,   now  the  right  of  way 
of  the  Canadian  National  Railway  Company,    with  the  International  Boundary 
between  the  United  States  of  America  and  Canada;    thence  in  a  general  easterly 
direction  along  that  boundary  to  the  intersection  with  the  centre  line  of 
Saganaga  Lake;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  easterly  boundary  of  Quetico  Provincial  Park;    thence  in 
a  northerly  direction  along  that  boundary  and  its  northerly  production  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    11;    thence  in  a  westerly  and  southwesterly  direction  along  that  centre  line 
to  the  intersection  with  the  high- water  mark  on  the  westerly  shore  of  Rainy 
Lake;    thence  in  a  general  southerly  direction  along  that  high- water  mark  to 
the  intersection  with  the  centre  line  of  the  former  Duluth,    Winnipeg  and  Pacific 
Railway  Company,   now  the  centre  line  of  the  Canadian  National  Railway 
Company;    thence  in  an  easterly  direction  along  that  centre  line  to  the  place  of 
beginning. 


2,    Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    11  with  the  northerly  production  of  the  easterly 
boundary  of  Quetico  Provincial  Park;    thence  in  a  southerly  direction  along  that 
northerly  production  and  that  easterly  boundary  to  the  intersection  with  the 
centre  line  of  Saganaga  Lake;    thence  in  a  northeasterly  direction  along  the 
centre  line  of  interconnecting  lakes  and  waterways  composed  of  Saganaga 
Lake,   Northeast  Arnn,   North  Channel,    Trafalgar  Bay,    Weikwabinow  River, 
Nelson  Creek  and  Nelson  Lake  to  the  intersection  with  the  high-water  mark 
at  the  most  northerly  extremity  of  Nelson  Lake;    thence  in  a  northeasterly 
direction  along  a  straight  line  to  the  intersection  with  the  centre  line  of 
Clovenhoof  Lake;    thence  in  a  general  easterly  direction  along  that  centre  line 
to  the  intersection  with  the  high-water  mark  at  the  most  easterly  extremity  of 
Clovenhoof  Lake;    thence  in  a  southeasterly  direction  along  a  straight  line  to 
the  intersection  with  the  high- water  mark  at  the  most  westerly  extremity  of 
Hoof  Lake;    thence  in  a  general  easterly  and  northerly  direction  along  the 
centre  line  of  interconnecting  lakes  and  waterways  composed  of  Hoof  Lake, 
Hoof  Creek,    Kekekuab  Lake,    Kekek  Creek,    Blossom  Lake,    Matawin  River, 
Shebandowan  River  and  the  Oskondaga  River  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    11;    thence  in  a  westerly 
direction  along  that  centre  line  to  the  place  of  beginning. 


Part  12 


All  those  lands  in  the  territorial  districts  of  Kenora,    Rainy  River  and 
Thunder  Bay  described  as  follows: 


982  GAME  AND  FISH  Reg.  426 

1,      Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    17  with  the  centre  line  of  the  Revell  River;    thence 
in  a  southerly  direction  along  that  centre  line  and  the  centre  line  of  Revell  Lake 
to  the  intersection  with  the  southerly  boundary  of  the  geographic  Township  of 
Hodgson;    thence  in  a  westerly  direction  along  that  boundary  to  the  intersection 
with  the  centre  line  of  Bending  Creek,    being  part  of  the  Turtle  River  System; 
thence  in  a  southerly,    westerly  and  southwesterly  direction  along  the  centre 
line  of  that  river  systern  composed  of  Bending  Creek,    Bending  Lake, 
Pekagoning  Lake,    Turtle  River,    Jones  Lake  and  Eltrut  Lake  to  the  inter- 
section with  the  southerly  boundary  of  the  Territorial  District  of  Kenora; 
thence  in  an  easterly  direction  along  that  boundary  to  the  westerly  boundary 
of  the  Territorial  District  of  Thunder  Bay;    thence  in  a  southerly  direction 
along  that  boundary  to  latitude  49°00';    thence  in  an  easterly  direction  along 
that  latitude  to  the  Seine  River  Indian  Reserve  22A2;    thence  in  a  southeasterly 
direction  following  the  southerly  limit  of  that  Indian  Reserve  and  the  centre 
line  of  the  Seine  River  to  the  Ontario  Hydro  dam  which  is  at  the  end  of  the 
Blind  Bay  Road;    thence  in  a  northeasterly  direction  along  the  centre  line  of 
the  Blind  Bay  Road  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    17;    thence  in  a  northwesterly  direction  along 
that  centre  line  to  the  place  of  beginning. 


2.     Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    11  west  of  the  City  of  Thunder  Bay;    thence  westerly  along  that 
centre  line  to  the  intersection  with  a  straight  line  drawn  south  astronomically 
from  the  most  easterly  extremity  of  Little  Turtle  Lake;    thence  northerly 
along  that  line  to  the  intersection  with  the  high- water  mark  on  the  most 
easterly  extremity  of  Little  Turtle  Lake;    thence  in  a  westerly,    northeasterly, 
northerly  and  easterly  direction  along  that  part  of  the  Turtle  River  System 
composed  of  Little  Turtle  Lake,    Turtle  River,    Robinson  Lake  and  Eltrut  Lake 
to  the  intersection  with  the  northerly  boundary  of  the  Territorial  District  of 
Rainy  River;    thence  in  an  easterly  direction  along  that  boundary  to  the  westerly 
boundary  of  the  Territorial  District  of  Thunder  Bay;    thence  in  a  southerly 
direction  along  that  boundary  to  latitude  49°00';    thence  in  an  easterly  direction 
along  that  latitude  to  the  Seine  River  Indian  Reserve  22A2;    thence  in  a  south- 
easterly direction  following  the  southerly  limit  of  that  Indian  Reserve  and  the 
centre  line  of  the  Seine  River  to  the  Ontario  Hydro  dam  which  is  at  the  end  of 
the  Blind  Bay  Road;    thence  in  a  northeasterly  direction  along  the  centre  line 
of  the  Blind  Bay  Road  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    17;    thence  in  a  southeasterly  and  southerly 
direction  along  that  centre  line  to  the  place  of  beginning. 


Part  13 


All  those  lands  in  the  Territorial  District  of  Thunder  Bay  described  as 
follows: 


Reg.  426  GAME  AND  FISH  983 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  the  right  of  way  of 
Trans  Canada  PipeLines  Limited  in  the  geographic  Township  of  Gibbard; 
thence  in  an  easterly  direction  along  the  last  mentioned  centre  line  to  the 
intersection  with  the  centre  line  of  the  Nipigon  River;    thence  in  a  southerly 
direction  along  the  centre  line  of  the  Nipigon  River  System  connposed  of  the 
Nipigon  River,    Helen  Lake  and  Nipigon  Bay  of  Lake  Superior  to  the  inter- 
section with  a  straight  line  drawn  west  astronomically  from  Hughes  Point  to 
the  intersection  of  the  centre  line  of  the  right  of  way  of  the  Canadian 
National  Railway  Company  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    628;    thence  in  a  westerly 
direction  along  that  straight  line  to  that  intersection;    thence  in  a  south- 
westerly direction  along  the  centre  line  of  the  right  of  way  of  the  Canadian 
National  Railway  Company  to  the  intersection  with  the  centre  line  of  the 
Black  Sturgeon  River;    thence  in  a  general  southeasterly  and  southwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  high- water  mark 
of  Black  Bay  of  Lake  Superior;    thence  in  a  westerly  and  southwesterly 
direction  along  that  high-water  mark  to  the  most  southerly  extremity  of 
Middlebrun  Point  of  Sibley  Peninsula;    thence  south  astronomically  to  the 
intersection  with  the  International  Boundary  between  the  United  States  of 
America  and  Canada;    thence  in  a  southwesterly  and  westerly  direction  along 
that  boundary  to  the  intersection  with  the  centre  line  of  Saganaga  Lake;    thence 
in  a  northeasterly  direction  along  the  centre  line  of  interconnecting  lakes  and 
waterways  composed  of  Saganaga  Lake,   Northeast  Arm,   North  Channel, 
Trafalgar  Bay,    Weikwabinonaw  River,   Nelson  Creek  and  Nelson  Lake  to  the 
intersection  with  the  high- water  mark  at  the  mofst  northerly  extremity  of 
Nelson  Lake;    thence  in  a  northeasterly  direction  along  a  straight  line  to  the 
intersection  with  the  centre  line  of  Clovenhoof  Lake;    thence  in  a  generally 
easterly  direction  along  that  centre  line  to  the  intersection  with  the  high- 
water  mark  at  the  most  easterly  extremity  of  Clovenhoof  Lake;    thence  in  a 
southeasterly  direction  along  a  straight  line  to  the  high- water  mark  at  the 
most  westerly  extremity  of  Hoof  Lake;    thence  in  a  generally  easterly  and 
northerly  direction  along  the  centre  line  of  interconnecting  lakes  and  water- 
ways composed  of  Hoof  Lake,   Hoof  Creek,   Kekekuab  Lake,    Kekek  Creek, 
Blossom  Lake,    Matawin  River,    Shebandowan  River  and  the  Oskondaga  River 
to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    17;    thence  in  a  northerly  and  northwesterly  direction  along 
that  centre  line  to  the  place  of  beginning. 


Part  14 


All  those  lands  in  the  Territorial  District  of  Thunder  Bay  described  as 
follows: 

Beginning  at  the  intersection  of  the  right  of  way  of  the  Canadian  National 
Railway  Company  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  Secondary  Highway  No.    628  in  the  geographic  Township  of  Nipigon;    thence 
east  astronomically  to  the  intersection  with  the  high- water  nnark  of  Nipigon 
Bay  at  Hughes  Point;    thence  in  an  easterly  direction  along  that  high-water 
mark  to  the  most  westerly  extremity  of  Schreiber  Point;    thence  due  south 
astronomically  to  the  intersection  with  the  International  Boundary  between 


984  GAME  AND  FISH  Reg.  426 

the  United  States  of  America  and  Canada;    thence  in  a  westerly  direction 
along  that  boundary  to  the  intersection  with  a  straight  line  running  due  south 
astronomically  from  the  high- water  mark  at  the  most  southerly  extremiity  of 
Middlebrun  Point;    thence  due  north  astronomically  along  that  line  to  the  high- 
water  mark  of  Lake  Superior  at  Middlebrun  Point;    thence  in  a  northeasterly 
direction  along  that  high- water  mark  to  the  intersection  with  the  centre  line 
of  the  Black  Sturgeon  River  in  Black  Bay;    thence  in  a  general  northeasterly 
and  northwesterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  right   of  way  of  the  Canadian  National  Railway  Company; 
thence  in  a  northeasterly  direction  along  that  centre  line  to  the  place  of 
beginning. 


Part  15 

All  those  lands  in  the  territorial  districts  of  Kenora  and  Thunder  Bay 
described  as  follows: 

Beginning  at  the  intersection  of  the  right   of  way  of  the  Canadian  National 
Railway  Company  with  the  centre  line  of  the  Little  Jackfish  River;    thence  in 
a  southerly  direction  along  that  centre  line  to  the  intersection  with  the  high- 
water  mark  of  Lake  Nipigon  in  Ombabika  Bay;    thence  in  a  general  westerly, 
southerly  and  easterly  direction  along  that  high- water  mark  to  the  inter- 
section with  the  centre  line  of  the  Nipigon  River  east  of  Jardine  Island; 
thence  in  a  southerly  direction  along  the  centre  line  of  the  Nipigon  River 
System  composed  of  the  Nipigon  River,    Forgan  Lake  and  Jessie  Lake  to  the 
intersection  with  the  centre  line  of  the  right   of  way  of  TransCanada  PipeLines 
Limited;    thence  in  a  westerly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    17;    thence  in  a  northwesterly  direction  along  that  centre  line  to  the  inter- 
section with  the  easterly  boundary  of  the  geographic  Township  of  Hodgson; 
thence  in  a  northerly  direction  along  that  boundary,    the  easterly  boundary  of 
the  geographic  Township  of  Hyndman  and  the  northerly  production  of  that 
boundary  to  the  intersection  with  the  centre  line  of  the  stream  flowing  into 
Basket  Lake;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  high- water  mark  at  the  most  southerly  extremity  of 
Basket  Lake;    thence  in  a  northerly  and  northeasterly  direction  along  the 
centre  line  of  that  lake  to  the  intersection  with  the  high- water  mark  of  the 
most  northeasterly  bay  of  that  lake;    thence  northerly  in  a  straight  line  to  the 
intersection  with  the  high- water  mark  of  the  most  southeasterly  lake 
connecting  with  the  Amik  River;    thence  northerly  along  the  centre  line  of  that 
lake  to  the  intersection  with  the  centre  line  of  the  Amik  River;    thence  in  a 
northerly  and  northeasterly  direction  along  that  centre  line  composed  of  Amik 
Lake  and  Loggers  Lake  to  the  intersection  with  the  centre  line  of  the  English 
River;    thence  in  an  easterly  direction  along  that  centre  line  composed  of 
Flying  Loon  Lake  and  Jarvis  Lake  to  the  intersection  with  the  centre  line  of 
Jarvis  Lake;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  high- water  mark  at  the  most  northerly  extremity  of  that 
lake;    thence  northerly  along  a  straight  line  to  the  intersection  with  the  high- 
water  mark  at  the  most  westerly  extremity  of  Lake  of  Bays;    thence  in  a 
northeasterly  and  northwesterly  direction  along  a  centre  line  connecting  Lake 
of  Bays,    Lake  of  Bays  River,    Conver  Lake  and  Singapore  Lake  to  the  inter- 


Reg.  426  GAME  AND  FISH  985 

section  with  the  connecting  waters  between  Singapore  Lake  and  Tawatina  Lake 
and  the  centre  line  of  the  right  of  way  of  the  Canadian  National  Railway  Company; 
thence  in  an  easterly  direction  along  that  centre  line  to  the  place  of  beginning. 


Part  16 


All  those  lands  in  the  territorial  districts  of  Kenora  (Patricia  Portion) 
and  Thunder  Bay  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Trading  River  with 
the  11th  Base  Line;    thence  in  a  westerly  direction  along  the  11th  Base  Line 
to  the  intersection  with  the  centre  line  of  the  most  northerly  bay  of  Goose 
Lake;    thence  in  a  southerly  and  southeasterly  direction  along  the  centre  line 
of  Goose  Lake  and  the  waters  connecting  Goose  Lake  and  Mamakwash  Lake, 
Mamakwash  Lake,    Upper  Goose  Lake,   the  Berens  River  and  Mainprize  Lake 
to  the  intersection  with  the  most  southeasterly  extremity  of  Mainprize  Lake; 
thence  southeasterly  in  a  straight  line  to  the  intersection  with  the  most 
northerly  extremity  of  Little  Shabumeni  Lzike;    thence  in  a  southerly  direction 
along  the  high- water  mark  along  the  easterly  shore  of  Little  Shabumeni  Lake 
and  Shabumeni  Lake  to  the  intersection  with  the  centre  line  of  the  right   of  way 
of  Ontario  Hydro;    thence  in  a  southerly,    southeasterly  and  easterly  direction 
along  that  centre  line  to  Slate  Falls  on  North  Bamaji  Lake;    thence  in  a  general 
southerly  direction  along  the  centre  line  of  North  Bamaji  Lake  and  Bamaji 
Lake,    the  waters  connecting  Barnaji  Lake  and  Roadhouse  Lake,   the  centre  line 
of  Roadhouse  Lake  and  Blackstone  Lake,    the  waters  connecting  Roadhouse 
Lake  and  the  West  Channel  of  Lake  St.    Joseph,   the  centre  line  of  the  West 
Channel  of  Lake  St.    Joseph  and  Root  Bay  of  Lake  St.    Joseph  to  the  intersection 
with  the  centre  line  of  the  Root  River;    thence  in  a  southerly  direction  along 
the  centre  line  of  the  Root  River,   Adamhay  Lake,    Free  Creek  and  McNeely 
Lake  to  the  intersection  with  the  most  southerly  extrernity  of  McNeely  Lake; 
thence  easterly  in  a  straight  line  to  the  intersection  with  the  most  northerly 
extremity  of  Sleen  Lake;    thence  easterly  following  the  high- water  mark  along 
the  northerly  shore  of  Sleen  Lake  and  the  northerly  bank  of  the  waters 
connecting  Sleen  Lake  and  Enrae  Lake  to  the  intersection  with  the  centre  line 
of  Enrae  Lake;    thence  northeasterly  along  the  centre  line  of  Enrae  Lake  and 
the  waters  connecting  Enrae  Lake  and  the  Vermilion  River  to  the  intersection 
with  the  centre  line  of  the  Vermilion  River;    thence  southerly  along  the  centre 
line  of  the  Vermilion  River,    Mask  Lake  and  the  connecting  waters  to  the 
intersection  with  the  most  southerly  bay  of  Ragged  Wood  Lake;    thence  in  a 
northeasterly,    southeasterly  and  southwesterly  direction  along  the  centre  line 
of  the  most  southerly  bay  of  Ragged  Wood  Lake,    Elam  Lake,    Moose  Creek 
and  Moose  Lake  to  the  intersection  with  the  nriost  southerly  extremity  of  Moose 
Lake;    thence  in  an  easterly  direction  across  portages  and  snriall  waterways 
to  the  intersection  with  the  most  southerly  extremity  of  Runway  Lake;    thence 
in  a  southeasterly  direction  along  the  centre  line  of  the  Marchington  River, 
Schist  Lake,   the  waters  between  Schist  Lake  and  Farrington  Lake,    and  the 
centre  line  of  Farrington  Lake  to  the  intersection  with  the  most  southerly 
extremity  of  Farrington  Lake;    thence  in  a  southerly  direction  across  a 
portage  to  the  intersection  with  the  northerly  extremity  of  Lewis  Lake; 
thence  in  a  southerly  direction  along  the  centre  line  of  Lewis  Lake,   Tawatina 
River,   Tawatina  Lake  and  the  stream  between  Tawatina  Lake  and  Singapore 


986  GAME  AND  FISH  Reg.  426 

Lake  to  the  intersection  with  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company;    thence  easterly  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  Little  Jackfish  River;    thence  in  a 
northerly  and  northwesterly  direction  along  the  centre  line  of  Little  Jackfish 
River,    Zigzag  Lake,    Moule  Lake,    Stork  Lake,    South  Summit  Lake,    Mojikit 
Lake  and  the  Ogoki  Reservoir  to  Eight  Flume  Falls;    thence  in  a  northerly 
direction  along  the  easterly  shore  of  Whiteclay  Lake  and  across  a  portage  to 
the  intersection  with  the  most  southerly  extremity  of  Witchwood  Lake;    thence 
in  a  northeasterly,    northwesterly  and  southwesterly  direction  along  the  centre 
line  of  Witchwood  Lake,    Witchwood  River,    Felsia  Lake,    Hurst  Lake,   Attwood 
Lake  and  Attwood  River  to  the  intersection  with  the  centre  line  of  Luella  Lake; 
thence  in  a  southwesterly  direction  following  the  centre  line  of  Luella  Lake, 
the  connecting  waters  between  Luella  Lake  and  Kilbarry  Lake,    the  centre  line 
of  Kilbarry  Lake,    Musgrave  Lake  and  the  portages  and  waters  between 
Musgrave  Lake  and  Linsey  Bay  of  Shabuskwia  Lake  to  the  intersection  with 
the  most  southerly  extremity  of  Linsey  Bay;    thence  in  a  northerly  direction 
along  the  centre  line  of  Linsey  Bay,    Shabuskwia  Lake  and  Shabuskwia  River 
to  the  intersection  with  the  centre  line  of  the  Albany  River;    thence  in  a 
northerly  and  westerly  direction  along  the  centre  line  of  the  Albany  River  to 
the  intersection  with  the  centre  line  of  the  Etowamanii  River;    thence  in  a 
northerly  and  southwesterly  direction  along  the  centre  line  of  the  Etowarnami 
River  to  the  intersection  with  the  centre  line  of  the  Trading  River;    thence  in 
a  northeasterly  direction  along  the  centre  line  of  the  Trading  River  to  the 
place  of  beginning. 


Part  17 


All  those  lands  in  the  territorial  districts  of  Kenora  (Patricia  Portion), 
Thunder  Bay  and  Cochrane  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Kenogami  River  with 
the  centre  line  of  the  Albany  River;    thence  in  a  northwesterly  direction  along 
the  centre  line  of  the  Albany  River  to  the  intersection  with  the  centre  line  of 
the  Wabassi  River;    thence  in  a  westerly  and  northerly  direction  along  that 
centre  line  to  the  intersection  with  the  11th  Base  Line;    thence  in  a  westerly 
direction  along  that  base  line  to  the  intersection  with  the  centre  line  of  the 
Trading  River;    thence  southwesterly  along  the  centre  line  of  the  Trading 
River  to  the  intersection  with  the  centre  line  of  the  Etowamami  River;    thence 
in  a  northeasterly  and  southerly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Albany  River;    thence  in  a  southerly  direc- 
tion along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
Shabuskwia  River;    thence  in  a  southerly,    northeasterly  and  southerly  direc- 
tion along  the  centre  line  of  the  Shabuskwia  River  and  Shabuskwia  Lake  to  the 
intersection  with  the  most  southerly  extremity  of  Linsey  Bay  of  Shabuskwia 
Lake;    thence  southerly  in  a  straight  line  to  the  intersection  with  the  most 
northerly  extremity  of  Musgrave  Lake;    thence  in  a  southeasterly  and  north- 
easterly direction  along  the  centre  line  of  Musgrave  Lake  and  the  waters 
connecting  Musgrave  Lake  and  Kilbarry  Lake,    the  centre  line  of  Kilbarry 
Lake  and  the  waters  connecting  Kilbarry  Lake  and  Luella  Lake,    and  the 
centre  line  of  Luella  Lake  to  the  intersection  with  the  centre  line  of  the 


Reg.  426  GAME  AND  FISH  987 

Attwood  River;    thence  in  a  northeasterly  and  southerly  direction  along  the 
centre  line  of  the  Attwood  River,   Attwood  Lake,   Hurst  Lake,    Felsia  Lake, 
Witchwood  River  and  Witchwood  Lake  to  the  intersection  with  the  most 
southerly  extremity  of  Witchwood  Lake;    thence  southerly  across  a  portage 
to  the  intersection  with  the  most  northerly  extremity  of  Whiteclay  Lake; 
thence  continuing  in  a  southerly  direction  along  the  easterly  shore  of 
Whiteclay  Lake  and  its  southerly  production  to  the  centre  line  of  the  Ogoki 
Reservoir  at  Eight  Flume  Falls;    thence  southerly,    easterly  and  southerly 
along  the  centre  line  of  the  Ogoki  Reservoir,    Ogoki  River  and  Ottertail 
River  to  the  intersection  with  a  straight  line  extending  due  west  astronom- 
ically from  the  most  northerly  extremity  of  Makoki  Lake;    thence  easterly 
along  the  said  straight  line  to  the  intersection  with  the  most  northerly 
extremity  of  Makoki  Lake;    thence  southeasterly,    southerly,    easterly  and 
northeasterly  along  the  centre  line  of  Makoki  Lake,   the  connecting  waters 
between  Makoki  Lake  and  Kapikotongwa  River,   the  Kapikotongwa  River,   the 
Kapikotongwa  River  System  composed  of  Tennant  Lake,    Kapikotongwa  Lake, 
Melchett  Lake,   Nass  Lake,   Durer  Lake,    Saga  Lake,    Jungfrau  Lake  and 
Percy  Lake,   and  the  Little  Current  River  to  the  intersection  with  the  centre 
line  of  the  Kenogami  River;    thence  northerly  along  that  centre  line  to  the 
place  of  beginning. 


Part  18 


All  those  lands  in  the  territorial  districts  of  Cochrane  and  Thunder  Bay 
described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  with  the  centre  line  of  the  Otasawian 
River;    thence  in  a  northeasterly  and  northerly  direction  along  that  centre  line 
and  the  centre  line  of  the  Nagagami  River  and  the  Kenogami  River  to  the  inter- 
section with  the  centre  line  of  the  Little  Current  River;    thence  westerly  along 
the  centre  line  of  that  river,    including  Percy  Lake,   to  the  intersection  with  the 
centre  line  of  the  Kapikotongwa  River;    thence  in  a  westerly  direction  along 
that  centre  line  and  the  centre  line  of  Jungfrau  Lake,    Saga  Lake,   Durer  Lake, 
Nass  Lake,    Melchett  Lake,    Kapikotongwa  Lake  and  Tennant  Lake  to  the  inter- 
section with  the  centre  line  of  the  connecting  waters  between  Makoki  Lake  and 
the  Kapikotongwa  River;    thence  northerly  and  northwesterly  along  that  centre 
line  and  the  centre  line  of  Makoki  Lake  to  the  intersection  with  the  most 
northerly  extremity  thereof;    thence  due  west  astronomically  to  the  inter- 
section with  the  centre  line  of  the  Ottertail  River;    thence  northerly  and 
westerly  along  the  centre  line  of  the  Ottertail  River,   the  Ogoki  River  and  the 
Ogoki  Reservoir  to  the  intersection  with  the  centre  line  of  Mojikit  Lake; 
thence  southerly  along  the  centre  line  of  Mojikit  Lake,    South  Summit  Lake, 
Stork  Lake,    Moule  Lake,    Zigzag  Lake  and  the  Little  Jackfish  River  to  the 
intersection  with  the  centre  line  of  the  right   of  way  of  the  Canadian  National 
Railway  Company;    thence  in  an  easterly  direction  along  that  centre  line  to 
the  place  of  beginning. 


988 GAME  AND  FISH Reg.  426 

Part  19 

All  those  lands  in  the  territorial  districts  of  Cochrane  and  Thiinder  Bay- 
described  as  follows: 

Beginning  at  the  confluence  of  the  waters  of  Lake  Nipigon  with  the  waters 
of  the  Blackwater  River;    thence  in  a  northeasterly  direction  along  the  centre 
line  of  the  Blackwater  River  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    11;    thence  easterly  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  the  Otasawian  River;    thence 
northeasterly  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
the  right  of  way  of  the  Canadian  National  Railway  Company;    thence  in  a 
westerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  the  Little  Jackfish  River;    thence  in  a  southerly  direction  along  that 
centre  line  to  the  intersection  with  the  high- water  mark  of  Lake  Nipigon; 
thence  in  a  general  southerly  direction  along  that  high- water  mark  on  the 
easterly  shore  of  Lake  Nipigon  to  the  place  of  beginning. 


Part  20 


All  those  lands  in  the  Territorial  District  of  Thunder  Bay  described  as 
follows : 

Beginning  at  the  confluence  of  the  waters  of  the  Little  Jackfish  River  with 
the  waters  of  Lake  Nipigon;    thence  in  a  westerly  direction  along  a  straight 
line  to  the  intersection  with  the  high-water  mark  on  the  northerly  shore  of 
Lake  Nipigon;    thence  in  a  westerly,    southerly,    easterly  and  northerly 
direction  along  that  high- water  mark  to  the  place  of  beginning. 


Part  21 

All  those  lands  in  the  territorial  districts  of  Algoma,    Cochrane  and  Thunder 
Bay  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    631  with  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.    11;    thence  in  a  westerly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  the  Blackwater 
River  in  the  geographic  Township  of  Sumnners;    thence  in  a  southwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  high- water  mark 
along  the  easterly  shore  of  Lake  Nipigon;    thence  in  a  southerly,    northerly 
and  westerly  direction  along  that  high- water  mark  to  the  intersection  with  the 
centre  line  of  the  Nipigon  River  east  of  Jardine  Island;    thence  in  a  southerly 
direction  along  the  centre  line  of  the  Nipigon  River  System  composed  of  the 
Nipigon  River,    Forgan  Lake,    Jessie  Lake  and  Helen  Lake  to  the  intersection 
with  a  straight  line  extending  easterly  from  the  intersection  of  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.    628  with 


Reg.  426 GAME  AND  FISH 989 

the  centre  line  of  the  right  of  way  of  the  Canadian  "National  Railway  Company 
to  the  high- water  mark  at  the  most  southerly  extremity  of  Hughes  Point  of 
Nipigon  Bay  of  Lake  Superior;    thence  easterly  along  that  straight  line  to  the 
intersection  with  the  high- water  mark  at  the  most  southerly  extremity  of 
Hughes  Point  on  the  north  shore  of  Nipigon  Bay  of  Lake  Superior;    thence  in 
an  easterly  direction  along  that  high- water  mark  to  the  most  westerly  extrem- 
ity of  Schreiber  Point;    thence  due  south  astronomically  to  the  intersection 
with  the  International  Boundary  between  Canada  and  the  United  States  of 
America;    thence  in  a  northeasterly  direction  to  the  intersection  with  the  centre 
line  of  the  White  River;    thence  in  an  easterly  and  northeasterly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  White  Lake;    thence 
in  a  northerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    17;    thence  in  a  south- 
easterly direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.    631; 
thence  in  an  easterly  and  northerly  direction  along  that  centre  line  to  the  place 
of  beginning. 


Part  22 


All  those  lands  in  the  territorial  districts  of  Algoma  and  Cochrane 
described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  that  part  of  the  King's 
Highway^known  as  Secondary  Highway  No.    631;    thence  in  an  easterly  and 
northerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    11;    thence  in  an  easterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
right   of  way  of  the  Algoma  Central  Railway  near  the  Town  of  Hearst;    thence 
in  a  southwesterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  right  of  way  of  Canadian  Pacific  Limited  at  the  Dispersed 
Rural  Commtinity  of  Franz;    thence  in  a  westerly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    17;    thence  in  a  northwesterly  direction  along  that  centre  line 
to  the  place  of  beginning. 


Part  23 


All  those  lands  in  the  territorial  districts  of  Algoma  and  Cochrane 
described  as  follows: 


1.    Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    11  with  the  centre  line  of  the  Missinaibi  River;    thence 
southeasterly  along  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    11  to  the  centre  line  of  the  Opasatika  River;    thence  southerly  along  that 


990 GAME  AND  FISH Reg.  426 

centre  line  to  the  northerly  boundary  of  the  geographic  Township  of  Opasatilca; 
thence  easterly  along  that  boundary  to  the  northeasterly  corner  of  that  geo- 
graphic township;    thence  southerly  along  the  easterly  boundary  of  that  town- 
ship to  the  southeasterly  comer  thereof;    thence  westerly  along  the  southerly 
boundary  of  the  geographic  townships  of  Opasatika  and  Abbott  to  the  centre  line 
of  the  Missinaibi  River;    thence  northerly  along  that  centre  line  to  the  place  of 
beginning. 


2,    Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    11  with  the  centre  line  of  the  right  of  way  of  the 
Algoma  Central  Railway  Company  near  the  Town  of  Hearst;    thence  in 
a  southwesterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  right  of  way  of  the  Canadian  National  Railway  Company  at 
the  Dispersed  Rural  Community  of  Oba;    thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
Kapuskasing  River;    thence  in  a  northerly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  No.    11;    thence  in  a  northwesterly  direction  along  that  centre  line  to  the 
centre  line  of  the  Opasatika  River;    thence  in  a  southerly  direction  along  that 
centre  line  to  the  northerly  boundary  of  the  geographic  Township  of  Opasatika; 
thence  easterly  along  that  boundary  to  the  northeasterly  corner  of  that  geo- 
graphic township;    thence  southerly  along  the  easterly  boundary  of  that  geo- 
graphic township  to  the  southeasterly  corner  thereof;    thence  westerly  along 
the  southerly  boundary  of  the  geographic  townships  of  Opasatika  and  Abbott 
to  the  centre  line  of  the  Missinaibi  River;    thence  northerly  along  that  centre 
line  to  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    11; 
thence  in  a  northwesterly  direction  along  that  centre  line  to  the  place  of 
beginning. 


Part  24 


All  those  lands  in  the  Territorial  District  of  Cochrane  described  as 
follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.   807  with  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.    11  near  the  Town  of  Smooth  Rock  Falls; 
thence  in  a  northwesterly  and  westerly  direction  along  the  last  mentioned 
centre  line  to  the  intersection  with  the  centre  line  of  the  Otasawian  River; 
thence  in  a  northerly  and  northeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  the  Nagagami  River;    thence  due  east 
astronomically  to  the  intersection  of  the  centre  line  of  the  Kabinakagami 
River  with  the  centre  line  of  the  Fox  River;    thence  in  a  southeasterly  and 
southerly  direction  along  the  centre  line  of  the  Fox  River  to  the  intersection 
with  the  northerly  boundary  of  the  geographic  Township  of  Bannerman;    thence 
easterly  along  that  boundary  and  the  northerly  boundary  of  the  geographic 
Township  of  Ritchie  to  the  intersection  with  the  centre  line  of  the  Pivabiska 


Reg.  426  GAME  AND  FISH  991 

River;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Missinaibi  River;    thence  in  a  northeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
Moose  River  on  the  south  side  of  Portage  Island;    thence  in  a  northeasterly 
direction  along  that  centre  line  lying  south  of  Grey  Goose,    Nicoll  and  Mike 
Islands  to  the  intersection  with  the  centre  line  of  the  right    of  way  of  the 
Ontario  Northland  Transportation  Commission;    thence  in  a  southwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
Medicine  Creek;    thence  in  a  northeasterly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  the  Abitibi  River;    thence  in  a  south- 
westerly and  southeasterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre   line  of  the  right   of  way  of  the  Ontario  Northland  Transportation 
Commiission;    thence  northwesterly  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  a  road  running  westerly  through  the  geographic  townships 
of  Menapia  and  Adanac  to  that  part  of  the  King's  Highway  known  as  Secondary 
Highway  No-    807;    thence  in  a  westerly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
Secondary  Highway  No.   807;    thence  in  a  southerly  and  southwesterly  direction 
along  that  centre  line  to  the  place  of  beginning. 


Part  25 


All  those  lands  in  the  Territorial  District  of  Cochrane  described  as 
follows: 

Beginning  at  the  confluence  of  the  waters  of  James  Bay  with  the  centre 
line  of  the  south  channel  of  the  Albany  River  lying  southerly  of  Albany 
Island;    thence  in  a  southwesterly  direction  along  that  centre  line  lying 
southerly  of  all  islands  to  the  intersection  with  the  centre  line  of  the 
Kenogami  River;    thence  southerly  along  that  centre  line  and  the  centre 
line  of  the  Nagagami  River  to  the  centre  line  of  the  Otasawian  River; 
thence  easterly  in  a  straight  line  to  the  intersection  with  the  centre  line  of 
the  waters  of  the  Kabinakagami  River  and  the  waters  of  the  Fox  River;    thence 
in  a  southeasterly  and  easterly  direction  along  the  centre  line  of  the  Fox  River 
to  the  intersection  with  the  northerly  boundary  of  the  geographic  Township  of 
Bannerman;    thence  in  an  easterly  direction  along  that  boundary  and  the 
northerly  boundary  of  the  geographic  Township  of  Ritchie  to  the  intersection 
with  the  centre  line  of  the  Pivabiska  River;    thence  in  a  northeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Missinaibi 
River;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Moose  River  on  the  south  side  of  Portage 
Island;    thence  in  a  northeasterly  direction  along  that  centre  line  lying  south 
of  Grey  Goose,   Nicoll  and  Mike  Islands  to  the  intersection  with  the  centre 
line  of  the  right  of  way  of  Ontario  Northland  Transportation  Commission; 
thence  in  a  southwesterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  Medicine  Creek;    thence  in  a  northeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Abitibi 
River;    thence  in  a  northeasterly  direction  along  that  centre  line  lying 
southerly  and  easterly  of  all  islands  to  the  intersection  with  the  centre  line  of 


992  GAME  AND  FISH  Reg.  426 

the  Moose  River;    thence  in  a  northeasterly  direction  along  that  centre  line 
lying  southerly  of  all  islands  including  Bushy,    Poplar,    Flats,    Pilgrim, 
Middleboro,    Horshoe  and  Ship  Sands  Islands  to  the  confluence  with  the  waters 
of  James  Bay;    thence  in  a  northwesterly  direction  along  the  water's  edge  of 
James  Bay  to  the  place  of  beginning. 


Part  26 


All  those  lands  in  the  Territorial  District  of  Cochrane  described  as 
follows: 

Beginning  at  the  intersection  of  the  Interprovincial  Boundary  between 
Ontario  and  Quebec  with  the  high- water  mark  of  James  Bay;    thence  in  a  south- 
westerly and  northwesterly  direction  along  that  high- water  mark  to  the  inter- 
section with  the  centre  line  of  the  Moose  River;    thence  in  a  southwesterly 
direction  along  that  centre  line  lying  southerly  of  all  islands,    including  Ship 
Sands,    Horshoe,    Middleboro,    Pilgrim,    Flats,    Poplar  and  Bushy  Islands,   to 
the  intersection  with  the  production  of  the  centre  line  of  the  Abitibi  River; 
thence  in  a  southwesterly  and  southeasterly  direction  along  that  production 
and  that  centre  line  lying  southerly  and  easterly  of  all  islands  to  the  inter- 
section with  the  centre  line  of  the  right  of  way  of  the  Ontario  Northland 
Transportation  Commission;    thence  southeasterly  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  the  Sucker  River;    thence  in  an  easterly 
and  southeasterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  Chin  River;    thence  in  a  northerly  and  northeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  southerly  boundary  of  the 
geographic  Township  of  Potter;    thence  easterly  along  the  southerly  boundary 
of  the  geographic  townships  of  Potter,    Sangster,    Bragg,   Newman  and 
Tomlinson  to  the  intersection  with  the  centre  line  of  the  Kabika  River;    thence 
in  a  northeasterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  Burntbush  River;    thence  in  a  northeasterly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  Riviere  Turgeon; 
thence  northerly  along  that  centre  line  to  the  intersection  with  the  Inter- 
provincial Boundary  between  Ontario  and  Quebec;    thence  northerly  along 
that  boundary  to  the  place  of  beginning. 


Part  27 


All  those  lands  in  the  Territorial  District  of  Cochrane  described  as 
follows: 

Beginning  at  the  intersection  of  the  Interprovincial  Boundary  between 
Ontario  and  Quebec  with  the  high-water  mark  on  the  southerly  shore  of  Lake 
Abitibi;    thence  in  a  westerly  and  northwesterly  direction  along  that  high- water 
mark  to  the  intersection  with  the  centre  line  of  the  Abitibi  River;    thence  in  a 
westerly,    southwesterly  and  northwesterly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  Meadow  Creek;    thence  in  a  south- 


Reg.  426  GAME  AND  FISH  993 

westerly  direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.    577;    thence 
in  a  northerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    67;    thence  in  a  south- 
westerly direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  No.    11;    thence  in  a  northerly  and 
northwesterly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.    807; 
thence  in  a  northeasterly  and  northerly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  a  road  leading  through  the  geographic  town- 
diips  of  Adanac  and  Menapia  to  Island  Falls;    thence  in  an  easterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  right   of 
way  of  the  Ontario  Northland  Transportation  Commission;    thence  in  a  south- 
easterly direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  the  Sucker  River;    thence  in  an  easterly  and  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Chin 
River;    thence  in  a  northerly  and  northeasterly  direction  along  that  centre  line 
to  the  intersection  with  the  southerly  boundary  of  the  geographic  Township  of 
Potter;    thence  easterly  along  the  southerly  boundary  of  the  geographic  town- 
ships of  Potter,    Sangster,    Bragg,   Newman  and  Tomlinson  to  the  intersection 
with  the  centre  line  of  the  Kabika  River;    thence  in  a  northeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Burntbush 
River;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Riviere  Turgeon;    thence  northeasterly 
along  that  centre  line  to  the  intersection  with  the  Interprovincial  Bouixiary 
between  Ontario  and  Quebec;    thence  southerly  along  that  boundary  to  the 
place  of  beginning. 


Part  28 


All  those  lands  in  the  territorial  districts  of  Cochrane  and  Timiskaming 
described  as  follows: 

Beginning  at  the  intersection  of  the  Interprovincial  Boundary  between 
Ontario  and  Quebec  with  the  high-water  mark  along  the  southerly  shore  of 
Lake  Abitibi;    thence  in  a  westerly  and  northwesterly  direction  along  that 
high- water  mark  to  the  intersection  with  the  centre  line  of  the  Abitibi  River; 
thence  in  a  westerly  and  southwesterly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  the  Black  River;    thence  in  a  southeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
Watabeag  River;    thence  in  a  southerly  direction  along  the  centre  line  of  the 
Watabeag  River  and  Watabeag  Lake  to  the  intersection  with  the  northwesterly 
production  of  the  centre  line  of  the  North  Englehart  Management  Unit  Forest 
Access  Road  in  the  geographic  Township  of  Sheba;    thence  in  a  southeasterly 
direction  along  that  production  and  that  centre  line  to  the  intersection  with 
the  centre  line  of  the  Englehart  River;    thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  No.    66;    thence  in  a  westerly  and  southwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 


994  GAME  AND  FISH  Reg.  426 

part  of  the  King's  Highway  known  as  No.    65;    thence  in  a  eouthwesterly  direc- 
tion along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  West 
Montreal  River;    thence  in  a  southerly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  the  Montreal  River;    thence  in  a  south- 
easterly direction  along  the  centre  line  of  the  Montreal  River  System  composed 
of  the  Montreal  River,    Elk  Lake,    Mountain  Lake  and  Bay  Lake  and  the  south- 
easterly production  of  that  centre  line  to  the  intersection  with  the  Interprovincial 
Boundary  between  Ontario  and  Quebec;    thence  in  a  northerly  direction  along 
that  boundary  to  the  place  of  beginning. 


Part  29 


All  those  lands  in  the  territorial  districts  of  Cochrane,    Sudbury  and 
Tirriskaming  described  as  follows: 


!•     Beginning  at  the  northwesterly  corner  of  the  geographic  Township  of 
Deloro  in  the  Territorial  District  of  Cochrane;    thence  southerly  along  the 
westerly  boundary  of  that  geographic  township  to  the  northeasterly  corner  of 
the  geographic  Township  of  Price;    thence  westerly  along  the  northerly 
boundary  of  that  geographic  township  to  the  northwesterly  corner  thereof; 
thence  southerly  along  the  westerly  boundary  of  the  geographic  townships  of 
Price,    Fripp  and  Musgrove  to  the  southwesterly  corner  of  the  geographic 
Township  of  Musgrove;    thence  easterly  along  the  southerly  boundary  of  the 
geographic  Township  of  Musgrove  to  the  northwesterly  corner  of  the  geographic 
Township  of  Beemer  in  the  Territorial  District  of  Sudbury;    thence  southerly 
along  the  westerly  boundary  of  the  geographic  Township  of  Beemer  to  the 
southwesterly  corner  thereof;    thence  easterly  along  the  southerly  boundary  of 
the  geographic  Township  of  Beemer  to  the  northwesterly  corner  of  the 
geographic  Township  of  Semple;    thence  southerly  along  the  westerly 
boundary  of  that  geographic  township  to  the  southwesterly  corner  thereof; 
thence  easterly  along  the  southerly  boundary  of  the  geographic  townships  of 
Semple  and  Hutt  to  the  southeasterly  corner  of  the  geographic  Township  of 
Hutt;    thence  northerly  along  the  easterly  boundary  of  the  geographic  town- 
ships of  Hutt,    Zavitz  and  Geikie  to  the  southwesterly  corner  of  the  geographic 
Township  of  Fallon  in  the  Territorial  District  of  Timiskaming;    thence 
easterly  along  the  southerly  boundary  of  that  geographic  township  to  the  south- 
easterly corner  thereof;    thence  northerly  along  the  easterly  boundary  of  the 
geographic  townships  of  Fallon,    Langmuir  and  Carman  to  the  northeasterly 
corner  of  the  geographic  Township  of  Carman;    thence  westerly  along  the 
northerly  boundary  of  the  geographic  townships  of  Carman,    Shaw  and  Deloro 
to  the  place  of  beginning. 


Reg.  426  GAME  AND  FISH  995 

2,     Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    560  with  the  centre  line  of  the  right 
of  way  of  the  Canadian  National  Railway  Company  in  the  geographic  Township 
of  Westbrook;    thence  in  a  northwesterly  direction  along  the  centre  line  of  the 
Canadian  National  Railway  Company  to  the  intersection  with  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  No.    144;    thence  in  a  northerly  direc- 
tion along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  N6.    101  in  the  geographic  Township  of  Bristol; 
thence  in  a  northeasterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  the  right  of  way  of  the  Ontario  Northland  Transportation 
Commission  in  the  geographic  Township  of  Whitney;    thence  in  a  northeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    11;    thence  in  a  northerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    67;    thence  in  a  northeasterly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  Secondary  Highway  No.    577;    thence  southerly  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  Meadow  Creek; 
thence  in  a  northeasterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  the  Abitibi  River;    thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Black 
River;    thence  in  a  southeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Watabeag  River;    thence  in  a  southerly 
direction  along  the  centre  line  of  the  Watabeag  River  and  Watabeag  Lake  to  the 
intersection  with  the  northwesterly  production  of  the  centre  line  of  the  North 
Englehart  Management  Unit  Forest  Access  Road  in  the  geographic  Township 
of  Sheba;    thence  in  a  southeasterly  direction  along  that  production  and  that 
centre  line  to  the  intersection  with  the  centre  line  of  the  Englehart  River; 
thence  in  a  southwesterly  and  southeasterly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  No.    66;    thence  in  a  westerly  and  southwesterly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    65;    thence  in  a  southwesterly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  the  West  Montreal  River;    thence 
in  a  northerly,    westerly,    southerly  and  southwesterly  direction  along  the 
centre  line  of  the  West  Montreal  River  System  composed  of  the  West  Montreal 
River,    Matachewan  Lake,    Mistinikon  Lake  and  Penassi  Lake  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
Secondary  Highway  No.    560;    thence  in  a  westerly  and  southwesterly  direction 
along  that  centre  line  to  the  place  of  beginning. 


996  GAME  AND  FISH  Reg.  426 

Saving  and  Excepting  therefrom: 

Beginning  at  the  northwesterly  corner  of  the  geographic  Township  of  Deloro 
in  the  Territorial  District  of  Cochrane;    thence  southerly  along  the  westerly 
boundary  of  that  geographic  township  to  the  northeasterly  corner  of  the  geo- 
graphic Township  of  Price;    thence  westerly  along  the  northerly  boundary  of 
that  geographic  township  to  the  northwesterly  corner  thereof;    thence  southerly 
along  the  westerly  boundary  of  the  geographic  townships  of  Price,    Fripp  and 
Musgrove  to  the  southwesterly  corner  of  the  geographic  Township  of  Musgrove; 
thence  easterly  along  the  southerly  boundary  of  the  geographic  Township  of 
Musgrove  to  the  northwesterly  comer  of  the  geographic  Township  of  Beemer 
in  the  Territorial  District  of  Sudbury;    thence  southerly  along  the  westerly 
boundary  of  the  geographic  Township  of  Beemer  to  the  southwesterly  corner 
thereof;    thence  easterly  along  the  southerly  boundary  of  the  geographic 
Township  of  Beemer  to  the  northwesterly  corner  of  the  geographic  Township 
of  Semple;    thence  southerly  along  the  westerly  boundary  of  that  geographic 
township  to  the  southwesterly  corner  thereof;    thence  easterly  along  the  south- 
erly boundary  of  the  geographic  townships  of  Semple  and  Hutt  to  the  south- 
easterly corner  of  the  geographic  Township  of  Hutt;    thence  northerly  along  the 
easterly  boundary  of  the  geographic  townships  of  Hutt,    Zavitz  and  Geikie  to  the 
southwesterly  corner  of  the  geographic  Township  of  Fallon  in  the  Territorial 
District  of  Timiskaming;    thence  easterly  along  the  southerly  boundary  of  that 
geographic  township  to  the  southeasterly  corner  thereof;    thence  northerly  along 
the  easterly  boundary  of  the  geographic  townships  of  Fallon,    Langmuir  and 
Carman  to  the  northeasterly  corner  of  the  geographic  Township  of  Carman; 
thence  westerly  along  the  northerly  boundary  of  the  geographic  townships  of 
Carman,    Shaw  and  Deloro  to  the  place  of  beginning. 


Part  30 


All  those  lands  in  the  territorial  districts  of  Algoma,    Cochrane,    Sudbury 
and  Timiiskaming  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  with  the  centre  line  of  the  Kapuskasing 
River  in  the  geographic  Township  of  Kapuskasing;    thence  in  a  northerly  and 
northeasterly  direction  along  the  centre  line  of  the  Kapuskasing  River  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    11;    thence  in  a  southeasterly  and  southerly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  the  right  of  way  of  the  Ontario 
Northland  Transportation  Commission  in  the  geographic  Township  of  Clergue; 
thence  in  a  southwesterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    101  in  the 
geographic  Township  of  Whitney;    thence  in  a  westerly  and  southwesterly 


Reg.  426 GAME  AND  FISH 997 

direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
right  of  way  of  the  Canadian  National  Railway  Company  in  the  geographic 
Township  of  Foleyet;  thence  in  a  northwesterly  direction  along  that  centre 
line  to  the  place  of  beginning 


Part  31 


All  those  lands  in  the  territorial  districts  of  Algoma,   Cochrane, 
Sudbury  and  Timiskaming  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    101  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.   144  in  the  geographic  Township  of  Bristol; 
thence  in  a  southerly  and  southwesterly  direction  along  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  No.    144  to  the  intersection 
with  the  centre  line  of  the  right  of  way  of  the  Canadian  National  Railway 
Company  in  the  geographic  Township  of  Jack;  thence  in  a  southerly  direc- 
tion along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  Secondary  Highway  No.   560;  thence 
in  a  westerly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No,   144;  thence 
in  a  general  westerly  direction  along  a  road  known  locally  as  the  Ramsey 
Road  to  the  centre  line  of  the  right  of  way  of  the  Canadian  Pacific  Limited; 
thence  in  a  northwesterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.   129;  thence  in  a  southwesterly  and  northerly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  the  Chapleau  River; 
thence  in  a  northeasterly  direction  along  the  centre  line  of  the  Chapleau 
River  System  composed  of  the  Chapleau  River,  Henderson  Lake,  D'Arcy 
Lake,  Schewabik  Lake  and  Kapuskasing  Lake  to  the  intersection  with  the 
centre  line  of  the  Kapuskasing  River;  thence  in  a  northeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  right 
of  way  of  the  Canadian  National  Railway  Company;  thence  in  a  south- 
easterly direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No,   101;  thence  in  an 
easterly  and  northeasterly  direction  along  that  centre  line  to  the  place  of 
beginning. 


Part  32 

All  those  lands  in  the  territorial  districts  of  Algoma  and  Sxidbury 
described  as  follows: 


998  GAME  AND  FISH  Reg.  426 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  the  right  of  way  of  Canadian 
Pacific  Limited  in  the  geographic  Township  of  Vasiloff;    thence  in  an  easterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
right  of  way  of  the  Algoma  Central  Railway  at  the  Dispersed  Rural  Community 
of  Franz;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  the  right  of  way  of  the  Canadian  National 
Railway  Company  at  the  Dispersed  Rural  Community  of  Oba;    thence  in  a 
southeasterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  Kapuskasing  River;    thence  in  a  southwesterly  direction 
along  the  centre  line  of  the  Kapuskasing  River  System  composed  of  the 
Kapuskasing  River  and  Kapuskasing  Lake  to  the  intersection  with  the  centre 
line  of  the  Chapleau  River;    thence  in  a  southwesterly  direction  along  the 
centre  line  of  the  Chapleau  River  System  composed  of  the  Chapleau  River, 
Schewabik  Lake,   D'Arcy  Lake,    Henderson  Lake  and  Chapleau  Lake  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  knov^-n  as 
No.    129;    thence  in  a  southerly  and  southwesterly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    101;    thence  in  a  northwesterly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  the  Michipicoten  River;    thence  in 
a  westerly  direction  along  that  centre  line  to  the  intersection  with  the  high- 
water  mark  on  the  easterly  shore  of  Lake  Superior;    thence  in  a  northerly 
and  westerly  direction  along  that  high- water  mark  to  the  intersection  with  the 
southerly  production  of  the  centre  line  of  the  right  of  way  of  the  Algoma 
Central  Railway  in  Michipicoten  Bay;    thence  in  a  northerly  and  northeasterly 
direction  along  that  production  and  centre  line  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    17;    thence  in  a 
northwesterly  direction  along  that  centre  line  to  the  place  of  beginning. 


Part  33 


All  those  lands  in  the  territorial  districts  of  Algonna  and  Thunder  Bay 
described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of 
Canadian  Pacific  Limited  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  in  the  geographic  Township  of  Vasiloff;    thence  in 
a  southerly  direction  along  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    17  to  the  intersection  with  the  centre  line  of  the  right  of  way  of 
the  Algoma  Central  Railway  in  the  geographic  Township  of  Lendrum;    thence 
in  a  southwesterly  direction  along  that  centre  line  and  the  southerly  production 
of  that  centre  line  to  the  intersection  with  the  high- water  mark  on  the  northerly 
shore  of  Lake  Superior  in  Michipicoten  Bay;    thence  in  an  easterly  and 
southerly  direction  along  that  high- water  mark  to  the  intersection  with  the 
centre  line  of  the  Michipicoten  River;    thence  in  a  southwesterly  direction  along 
the  production  of  that  centre  line  to  the  intersection  with  the  International 
Boundary  between  Canada  and  the  United  States  of  America;    thence  in  a  north- 
westerly direction  along  that  boundary  to  the  intersection  with  the  southwesterly 
production  of  the  centre  line  of  the  White  River;    thence  in  a  northeasterly 


Reg.  426  GAME  AND  FISH  999 

and  easterly  direction  along  that  production  and  that  centre  line  to  the  inter- 
section with  the  centre  line  of  White  Lake;    thence  in  a  northerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  No.    17;    thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  place  of  beginning. 


Part  34 


All  those  lands  in  the  Territorial  District  of  Algoma described  as 
follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Michipicoten  River 
with  the  centre  line  of  the  right  of  way  of  the  Algoma  Central  Railway;    thence 
southerly  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
right  of  way  of  the  Great  Lakes  Power  Corporation  Limited  in  the  geographic 
Township  of  Larson;    thence  in  a  southerly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  the  right  of  way  of  the  Algoma  Central 
Railway  in  the  geographic  Township  of  Home;    thence  in  a  southerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Montreal 
River;    thence  in  a  westerly  direction  along  that  centre  line  to  the  water's 
edge  of  Lake  Superior;    thence  west  astronomically  to  the  International 
Boundary  between  Canada  and  the  United  States  of  America;    thence  in  a  north- 
easterly direction  to  the  intersection  with  the  centre  line  of  the  Michipicoten 
River;    thence  easterly  along  that  centre  line  to  the  place  of  beginning. 


Part  35 

All  those  lands  in  the  territorial  districts  of  Algoma  and  Sudbury 
described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    101  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    129  in  the  geographic  Township  of  Chappise;    thence 
in  a  southeasterly  and  southerly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  Ranger  Lake  Road  in  the  geographic 
Township  of  Villeneuve;    thence  in  a  westerly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  a  road  known  locally  as  Hult  Road 
in  the  geographic  Township  of  Whitinan;    thence  in  a  westerly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  the  right  of  way  of 
the  Algoma  Central  Railway;    thence  in  a  northerly  and  northwesterly  direc- 
tion along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  right 
of  way  of  the  Great  Lakes  Power  Corporation  Limited  in  the  geographic 
Township  of  Home;    thence  in  a  northerly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  the  right  of  way  of  the  Algoma  Central 
Railway;    thence  in  a  northerly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Michipicoten  River;    thence  in  a  north- 
easterly direction  along  that  centre  line  to  the  intersection  with  the  centre  line 


1000  GAME  AND  FISH  Reg.  426 

of  that  part  of  the  King's  Highway  known  as  No.    101;    thence  in  a  south- 
easterly direction  along  that  centre  line  to  the  place  of  beginning. 

Part  36 


All  those  lands  in  the  Territorial  District  of  Algorra  described  as 
follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Montreal  River 
with  the  centre  line  of  the  right  of  way  of  the  Algoma  Central  Railway; 
thence  in  a  southeasterly  and  southerly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  a  road  known  locally  as  Hult  Road  in  the 
geographic  Township  of  Hodgins;    thence  in  an  easterly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  Ranger  Lake  Road  in  the 
geographic  Township  of  Whitman;    thence  in  a  northeasterly  and  southerly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    129;    thence  in  a  southerly  and  south- 
westerly direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    17;    thence  in  a  south- 
westerly direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  the  Thessalon  River;    thence  in  a  southerly  direction  along  that  centre  line 
to  the  intersection  with  the  high- water  mark  on  the  northerly  shore  of  the  North 
Channel  of  Lake  Huron;    thence  in  a  southerly  direction  along  that  high- water 
mark  to  the  most  southerly  extremity  of  Thessalon  Point;    thence  south  astro- 
nomically to  the  intersection  with  the  International  Boundary  between  Canada 
and  the  United  States  of  America;    thence  in  a  westerly  direction  along  that 
boundary  to  the  intersection  with  the  easterly  boundary  of  the  Township  of 
Hilton;    thence  in  a  northerly  and  northwesterly  direction  along  that  boundary 
to  the  intersection  with  the  northeasterly  boundary  of  the  Township  of 
St.    Joseph;    thence  in  a  northwesterly  and  westerly  direction  along  that 
boundary  to  the  intersection  with  the  International  Boundary  between  Canada 
and  the  United  States  of  America;    thence  in  a  northerly  direction  along  that 
boundary  to  the  intersection  with  the  westerly  production  of  the  centre  line  of 
the  Montreal  River;    thence  easterly  along  that  production  and  that  centre  line 
to  the  place  of  beginning. 


Part  37 


All  those  lands  in  the  Territorial  District  of  Algoma  described  as 
follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    129;    thence  in  a  northerly  and  northeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Mississagi 
River  in  the  geographic  Township  of  Rollins;    thence  in  an  easterly  and  south- 
erly direction  along  that  centre  line  to  the  intersection  with  the  high- water 


Reg.  426  GAME  AND  FISH  1001 

mark  of  Aubrey  Lake;    thence  in  a  southerly,    easterly  and  northerly  direction 
along  that  high- water  mark  on  the  westerly,    southerly  and  easterly  shore  of 
that  lake  to  the  intersection  with  the  high- water  mark  on  the  westerly  shore  of 
Rocky  Island  Lake;    thence  in  a  southerly,    easterly  and  northerly  direction 
along  that  high- water  mark  on  the  westerly,    southerly  and  easterly  shore  of 
that  lake  to  the  intersection  with  the  northerly  boundary  of  the  geographic 
Township  of  Winkler;    thence  easterly  and  southerly  along  the  northerly  and 
easterly  boundaries  of  that  geographic  township  to  the  intersection  with  the 
centre  line  of  Kindiogami  Lake;    thence  in  an  easterly  and  southerly  direction 
along  that  centre  line  and  the  centre  line  of  the  Kindiogami  River  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
Secondary  Highway  No.    546;    thence  in  a  southerly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  Secondary  Highway  No.    639;    thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Serpent 
River;    thence  in  a  southeasterly  direction  along  the  centre  line  of  the  Serpent 
River  System  composed  of  the  Serpent  River,   Quirke  Lake,   Nook  Lake,   Kindle 
Lake  and  Whiskey  Lake  to  the  intersection  with  the  northerly  boundary  of  the 
geographic  Township  of  Gaiashk;    thence  easterly  along  the  northerly  boundary 
of  the  geographic  townships  of  Gaiashk,   Gerow,    Boon,    Shibananing  and  Dunlop 
to  the  intersection  with  the  centre  line  of  the  Spanish  River;    thence  in  a 
southerly  and  easterly  direction  along  the  centre  line  of  the  Spanish  River 
System  composed  of  the  Spanish  River  and  Agnew  Lake  to  the  intersection  with 
the  easterly  boundary  of  the  geographic  Township  of  Shakespeare;    thence 
southerly  along  that  boundary  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    17;    thence  in  a  westerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Serpent 
River;    thence  in  a  westerly  direction  along  that  centre  line  to  the  intersection 
with  the  high- water  mark  on  the  northerly  shore  of  the  North  Channel  of  Lake 
Huron;    thence  in  a  southwesterly  direction  along  that  high-water  mark  on  the 
westerly  shore  of  Serpent  River  Indian  Reserve  No.    7  to  the  most  south- 
westerly extremity  of  Long  Point;    thence  south  astronomically  to  the  inter- 
section with  the  Territorial  District  boundary  between  Algoma  and 
Manitoulin;    thence  westerly  along  that  boundary  to  the  intersection  with  the 
International  Boundary  between  Canada  and  the  United  States  of  America; 
thence  in  a  northwesterly  direction  along  that  boundary  to  the  intersection 
with  a  straight  line  drawn  south  astronomically  from  the  most  southerly 
extremity  of  Thessalon  Point;    thence  northerly  along  that  straight  line  to  the 
intersection  with  the  high- water  mark  on  the  north  shore  of  the  North  Channel 
of  Lake  Huron;    thence  in  a  northerly  direction  along  that  high- water  mark  to 
the  intersection  with  the  centre  line  of  the  Thessalon  River;    thence  in  a 
northerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    17;    thence  in  a  north- 
easterly direction  along  that  centre  line  to  the  place  of  beginning. 

Part  38 


All  those  lands  in  the  territorial  districts  of  Algoma  and  Sudbury  described 
as  follows: 


1002  GAME  AND  FISH  Reg.  426 

1.  Beginning  at  the  intersection  of  the  centre  line  of  the  Serpent  River 

System  with  the  westerly  boundary  of  the  geographic  Township  of  Lehman; 
thence  northerly  along  that  westerly  boundary  and  the  westerly  boundaries 
of  the  geographic  townships  of  Poncet,   Plourde,    Lefebvre  and  Fontaine  to 
the  northwesterly  corner  of  the  geographic  Township  of  Fontaine;  thence 
easterly  along  the  northerly  boundary  of  that  township  and  the  northerly 
boundary  of  the  geographic  Township  of  Foucault  to  the  northeast  corner 
thereof;  thence  in  a  southerly  direction  along  the  easterly  boundary  of 
that  township  and  the  easterly  boundary  of  the  geographic  Township  of 
Monestime  to  the  northwesterly  corner  of  the  geographic  Township  of 
Redden;  thence  easterly  along  the  northerly  boundary  of  that  township  to 
the  northeasterly  corner  thereof;  thence  southerly  along  the  easterly 
boundary  of  the  geographic  townships  of  Redden,   Strain  and  Mandamin  to 
the  southeasterly  corner  thereof;  thence  westerly  along  the  southerly 
boundary  of  the  geographic  townships  of  Mandamin,    Lockeyer  and  Lehman 
to  the  intersection  with  the  centre  line  of  Whiskey  Lake  of  the  Serpent  River 
System;  thence  in  a  northwesterly  direction  along  the  centre  line  of  the 
Serpent  River  System  composed  of  Whiskey  Lake,   Kindle  Lake  and  the 
Serpent  River  to  the  place  of  beginning. 


2c         Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  Noc    129  with  the  centre  line  of  the  right  of  way 
of  Canadian  Pacific  Limited  in  the  geographic  Tov/nship  of  Gallagher;  thence 
in  a  southeasterly  direction  along  that  centre  line  to  the  intersection  with 
the  centre  line  of  a  road  known  locally  as  the  Ramsey  Road;  thence  in  a 
general  easterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    144;  thence  in 
a  southerly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  Eastsand  Creek;  thence  in  a  southwesterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  East 
Spanish  River  System;  thence  in  a  southerly  direction  along  that  centre 
line  flowing  through  Eleventh  Lake,  Duke  Lake,   Tenth  Lake,   Ninth  Lake, 
Eighth  Lake,  Seventh  Lake,   Sixth  Lake,   Fifth  Lake,   Fourth  Lake,   Third 
Lake,   Second  Lake,   First  Lake  and  Expanse  Lake  to  the  intersection  with 
the  centre  line  of  the  Spanish  River;  thence  in  a  southerly  direction  along 
the  Spanish  River  System  composed  of  the  Spanish  River,  Spanish  Lake, 
The  Elbow,   Graveyard  Rapids  and  Boswell  Rapids  to  the  intersection  with 
the  northerly  boundary  of  the  geographic  Township  of  Dunlop;  thence  west- 
erly along  the  northerly  boundary  of  the  geographic  townships  of  Dunlop 
and  Shibananing  to  the  southeasterly  corner  of  the  geographic  Township  of 
Mandamin;  thence  northerly  along  the  easterly  boundary  of  the  geographic 
townships  of  Mandamin  and  Strain  to  the  northeasterly  corner  of  the  geo- 
graphic Township  of  Strain;  thence  westerly  along  the  northerly  boundary 
of  the  geographic  Township  of  Strain  to  the  southeasterly  corner  of  the 
geographic  Township  of  Redd  in;  thence  northerly  along  the  easterly  bound- 
ary of  the  geographic  Township  of  Reddin  to  the  northeasterly  corner 
thereof;  thence  westej-ly  along  the  northerly  boundary  of  the  geographic 
Township  of  Reddin  to  the  southeasterly  corner  of  the  geographic  Township 
of  Monestime;  thence  northerly  along  the  easterly  bo\indary  of  the  geographic 


Reg.  426  GAME  AND  FISH  1003 

townships  of  Moncstime  and  Foucault  to  the  northeasterly  corner  of  the 
geographic  Township  of  Foucault;  thence  westerly  along  the  northerly 
boxindary  of  the  geographic  townships  of  Foucault  and  Fontaine  to  the 
northwesterly  corner  of  the  geographic  Township  of  Fontaine;  thence 
southerly  along  the  westerly  boundary  of  the  geographic  Township  of 
Fontaine  to  the  southwesterly  corner  thereof;  thence  easterly  along  the 
southerly  bovindary  of  the  geographic  Township  of  Fontaine  to  the  north- 
westerly corner  of  the  geographic  Township  of  Lefebvre;  thence  southerly 
along  the  westerly  boundary  of  the  geographic  townships  of  Lefebvre, 
Plourde,   Poncet  and  Lehman  to  the  intersection  with  the  centre  line  of 
the  Serpent  River  System;  thence  in  a  northwesterly  direction  along  the 
centre  line  of  the  Serpent  River  System  composed  of  Nook  Lake  and 
Quirke  Lake  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  Secondary  Highway  No.   639;  thence  in  a  north- 
westerly and  northerly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  Secondary 
Highway  No.   546;  thence  in  a  northerly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  the  Kindiogami  River  in  the  geo- 
graphic Township  of  Sagard;  thence  in  a  northwesterly  and  westerly  dir- 
ection along  the  centre  line  of  the  Kindiogami  River  System  composed  of 
the  Kindiogami  River,  Distant  Lake  and  Kindiogami  Lake  to  the  intersection 
with  the  easterly  boundary  of  the  geographic  Township  of  Winkler;  thente 
northerly  and  westerly  along  the  easterly  and  northerly  boundaries  of  that 
geographic  township  to  the  intersection  with  the  high-water  mark  on  the 
southerly  shore  of  Rocky  Island  Lake;  thence  in  a  westerly  direction  along 
that  high-water  mark  to  the  intersection  with  the  high-water  mark  of  Aubrey 
Lake;  thence  in  a  southerly,  westerly  and  northerly  direction  along  that 
high-water  mark  on  the  easterly,    southerly  and  westerly  shore  of  that  lake 
to  the  intersection  with  the  centre  line  of  the  Mississagi  River;  thence  in  a 
westerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    129;  thence  in  a  north- 
erly direction  along  that  centre  line  to  the  place  of  beginning. 

Part  39 

All  those  lands  in  the  Territorial  District  of  Sudbury  described  as 
follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    17;    thence  in  a  southwesterly  direction  along 
that  centre  line  to  the  intersection  with  the  easterly  boundary  of  the  geographic 
Township  of  Shakespeare;    thence  northerly  along  that  boundary  to  the  inter- 
section with  the  centre  line  of  Agnew  Lake;    thence  in  a  westerly  and  northerly 
direction  along  the  centre  line  of  the  ^janish  River  System  composed  of  Agnew 
Lake,    the  %)ani8h  River,    Boswell  Rapids,    Graveyard  Rapids,    The  Elbow  and 
Spanish  Lake  to  the  intersection  with  the  centre  line  of  the  East  Spanish  River; 
thence  in  a  northerly  direction  along  the  centre  line  of  the  East  Spanish  River 
System  composed  of  the  East  Spanish  River,    Expanse  Lake,    First  Lake, 
Second  Lake,    Third  Lake,    Fourth  Lake,    Fifth  Lake,    Sixth  Lake,    Seventh  Lake, 
Eighth  Lake,   Ninth  Lake,    Tenth  Lake,   Duke  Lake  and  Eleventh  Lake  to  the 
intersection  with  the  centre  line  of  Eastsand  Creek;    thence  in  a  northeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    144;    thence  in  a  northerly  direction 


1004  GAME  AND  FISH  Reg.  426 

along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  Secondary  Highway  No.    560;    thence  in  an 
easterly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  the  right  of  way  of  the  Canadian  National  Railway  Company;    thence  in 
a  southeasterly  direction  along  that  centre  line  to  the  place  of  beginning. 


Part  40 


All  those  lands  in  the  territorial  districts  of  Nipissing,    Sudbury  and 
Timiskaming  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  Secondary  Highway  No.    560  in  the  geographic 
Township  of  Westbrook;    thence  in  a  northeasterly  direction  along  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.    560 
to  the  intersection  with  the  centre  line  of  the  West  Montreal  River;    thence  in 
a  northeasterly,   northerly,    easterly  and  southerly  direction  along  the  centre 
line  of  the  West  Montreal  River  System  composed  of  Duncan  Lake,   the  West 
Montreal  River,    Penassi  Lake,    Mistinikon  Lake,    Matachewan  Lake  and  Lower 
Matachewan  Lake  to  the  intersection  with  the  centre  line  of  the  Montreal 
River;    thence  in  a  southeasterly  direction  along  the  centre  line  of  the  Montreal 
River  System  composed  of  the  Montreal  River,    Elk  Lake,    Mountain  Lake  and 
Bay  Lake  to  the  intersection  with  the  Interprovincial  Boundary  between  Ontario 
and  Quebec;    thence  in  a  southeasterly  direction  along  that  boundary  to  the 
intersection  with  the  northeasterly  production  of  the  centre  line  of  Ottertail 
Creek;    thence  in  a  southwesterly  direction  along  that  production  and  that 
centre  line  composed  of  Ottertail  Creek,    Otter  Lake  and  a  stream  flowing  into 
Otter  Lake,    to  the  intersection  with  the  northerly  boundary  of  the  geographic 
Township  of  Hammell;    thence  westerly  along  the  northerly  boundary  of  the 
geographic  townships  of  Hammell  and  Gladman  to  the  intersection  with  the 
centre  line  of  Marten  Lake;    thence  westerly  and  northerly  along  the  centre 
line  of  lakes  and  connecting  waterways  composed  of  Marten  Lake,   the  Marten 
River,    Red  Cedar  Lake,   the  Temagami  River,    Cross  Lake,    Outlet  Bay, 
Lake  Temagami,    Northwest  Arm  and  Obabika  Inlet  to  the  intersection  with 
the  high- water  mark  at  the  most  westerly  extremity  of  Obabika  Inlet; 
thence  west  astronomically  to  the  intersection  with  the  centre  line  of 
Obabika  Lake;    thence  in  a  southerly  and  westerly  direction  along  that  centre 
line  and  the  production  of  that  centre  line  to  the  intersection  with  the  centre 
line  of  Wawiagama  Lake;    thence  southwesterly  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  Wawiagama  Creek;    thence  in  a  south- 
westerly direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  the  Obabika  River;    thence  in  a  southwesterly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  the  Sturgeon  River; 
thence  in  a  northwesterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  Oshawatagan  Creek;    thence  in  a  westerly  direction 
along  that  centre  line  to  the  intersection  with  the  easterly  boundary  of  the 
geographic  Township  of  Stull;    thence  westerly  along  a  straight  line  to  the 
intersection  with  the  centre  line  of  Silvester  Creek;    thence  in  a  southerly 


Reg.  426  GAME  AND  FISH  1005 

and  westerly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  Wanapitei  River;    thence  in  a  southwesterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  right  of 
way  of  the  Canadian  National  Railway  Company;    thence  in  a  northwesterly 
direction  along  that  centre  line  to  the  place  of  beginning. 


Part  41 


All  those  lands  in  the  territorial  districts  of  Nipissing  and  Sudbury 
described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    17  at  the  Town  of  Coniston;    thence  in  an 
easterly  direction  along  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    17  and  the  northeasterly  production  of  that  centre  line  to  the 
intersection  with  the  Interprovincial  Boundary  between  Ontario  and  Quebec; 
thence  in  a  northwesterly  direction  along  that  boundary  to  the  intersection 
with  the  northeasterly  production  of  the  centre  line  of  Ottertail  Creek; 
thence  in  a  southwesterly  direction  along  that  production  and  centre  line 
composed  of  Ottertail  Creek,    Otter  Lake  and  a  strearn  flowing  into  Otter 
Lake,   to  the  intersection  with  the  northerly  boundary  of  the  geographic 
Township  of  Hammell;    thence  westerly  along  the  northerly  boundary  of  the 
geographic  townships  of  Hammell  and  Gladnian  to  the  intersection  with  the 
centre  line  of  Marten  Lake;    thence  westerly  and  northerly  along  the  centre 
line  of  lakes  and  connecting  waterways  composed  of  Marten  Lake,   the  Marten 
River,    Red  Cedar  Lake,   the  Temagami  River,    Cross  Lake,   Outlet  Bay,    Lake 
Temagami,   Northwest  Arm  and  Obabika  Inlet,    to  the  intersection  with  the 
high- water  mark  at  the  most  westerly  extremity  of  Obabika  Inlet;    thence 
west  astronomically  to  the  intersection  with  the  centre  line  of  Obabika  Lake; 
thence  in  a  southerly  and  westerly  direction  along  that  centre  line  and  the 
production  of  that  centre  line  to  the  intersection  with  the  centre  line  of 
Wawiagama  Lake;    thence  southwesterly  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  Wawiagama  Creek;    thence  in  a  southwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
the  Obabika  River;    thence  in  a  southwesterly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  the  Sturgeon  River;    thence  in  a 
northwesterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  Oshawatagan  Creek;    thence  in  a  westerly  direction  along  that 
centre  line  to  the  intersection  with  the  easterly  boundary  of  the  geographic 
Township  of  Stull;    thence  westerly  along  a  straight  line  to  the  intersection 
with  the  centre  line  of  Silvester  Creek;    thence  in  a  southerly  and  westerly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
Wanapitei  River;    thence  in  a  southwesterly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  the  right  of  way  of  the  Canadian 
National  Railway  Company;    thence  in  a  southeasterly  direction  along  that 
centre  line  to  the  place  of  beginning. 


1006 GAME  AND  FISH Reg.  426 

Part  42 


All  those  lands  in  the  territorial  districts  of  Algoma,    Manitoulin, 
Nipissing  and  Sudbury  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  kno\^'n  as  No.    17  with  the  centre  line  of  the  Serpent  River;    thence 
in  a  westerly  direction  along  the  centre  line  of  the  Serpent  River  to  the  inter- 
section with  the  high- water  mark  on  the  North  Channel  of  Lake  Huron;    thence 
in  a  southwesterly  direction  along  that  high- water  mark  on  the  westerly 
boundary  of  the  Serpent  River  Indian  Reserve  No.    7  to  the  rnost  southwesterly 
extremity  of  Long  Point;    thence  south  astronomically  to  the  intersection  with 
the  Territorial  District  Boundary  between  Algoma  and  Manitoulin;    thence  in 
an  easterly  direction  along  that  boundary  to  the  intersection  with  the  high- 
water  mark  on  the  northerly  shore  of  the  North  Channel  of  Lake  Huron  at  the 
southwesterly  corner  of  the  geographic  Toumship  of  Harrow;    thence  in  an 
easterly  direction  along  that  high- water  mark  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    68;    thence  in  a 
southerly  direction  along  that  centre  line  to  the  intersection  with  the  northerly 
boundary  of  Whitefish  Indian  Reserve  No.    4;    thence  in  an  easterly  direction 
along  that  boundary  to  the  intersection  with  the  high- water  mark  of  Iroquois 
Bay;    thence  in  a  northerly,    easterly,    southeasterly  and  southwesterly  direction 
along  the  high- water  mark  of  Iroquois  Bay,    East  Channel,    McGregor  Bay, 
Narrow  Bay,    Frazer  Bay  and  Killarney  Bay  to  the  intersection  with  a  straight 
line  drawn  north  astronomically  from  the  most  westerly  extrennity  of  Phillip 
Edward  Island;    thence  in  a  southerly  direction  along  that  straight  line  to  the 
intersection  with  the  high- water  mark  on  the  westerly  shore  of  Phillip  Edward 
Island;    thence  in  a  southerly  and  easterly  direction  along  that  high-water  mark 
to  the  most  southeasterly  extremity  of  Phillip  Edward  Island;    thence  east 
astronomically  to  the  intersection  with  the  high-water  mark  on  the  north  shore 
of  Georgian  Bay;    thence  in  an  easterly  direction  along  that  high- water  mark 
to  the  intersection  with  the  centre  line  of  Fort  Channel  of  the  French  River; 
thence  in  a  northeasterly  and  easterly  direction  along  that  centre  line  and  the 
centre  line  of  the  Main  Channel  of  the  French  River  to  the  confluence  with  the 
waters  of  Lake  Nipissing;    thence  in  an  easterly  direction  along  the  water's 
edge  on  the  southerly  and  easterly  shore  of  Lake  Nipissing  to  the  intersection 
with  the  southerly  boundary  of  the  City  of  North  Bay;    thence  in  an  easterly 
and  northerly  direction  along  the  southerly  and  easterly  boundary  of  the  City 
of  North  Bay  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's 
Highway  knoA^Ti  as  No.    17;    thence  in  a  westerly  direction  along  that  centre 
line  to  the  place  of  beginning. 


Part  43 


All  those  lands  in  the  Territorial  District  of  Manitoulin  described  as 
follows: 


Reg.  426  GAME  AND  FISH  1007 

Beginning  at  a  point  in  the  Territorial  District  Boundary  between  Algoma 
and  Manitoulin  distant  20  kilometers  measured  easterly  along  that  boundary 
from  its  intersection  with  the  International  Boundary  between  Canada  and  the 
United  States  of  America  opposite  Drummond  Island;    thence  in  an  easterly 
direction  along  that  Territorial  District  Boundary  to  the  intersection  with  the 
high- water  mark  on  the  northerly  shore  of  the  North  Channel  of  Lake  Huron 
at  the  southwest  comer  of  the  geographic  Township  of  Harrow;    thence  in  an 
easterly  direction  along  that  high- water  mark  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    68;    thence  in  a 
southerly  direction  along  that  centre  line  to  the  intersection  with  the  northerly 
boundary  of  Whitefish  Indian  Reserve  No.    4;    thence  in  an  easterly  direction 
along  that  boundary  to  the  intersection  with  the  high- water  mark  of  Iroquois 
Bay;    thence  in  a  northerly,    easterly,    southeasterly  and  southwesterly  direc- 
tion along  the  high- water  mark  of  Iroquois  Bay,    East  Channel,    McGregor 
Bay,   Narrow  Bay,    Frazer  Bay  and  Killarney  Bay  to  the  intersection  with  a 
straight  line  drawn  north  astronomically  from  the  most  westerly  extremity  of 
Phillip  Edward  Island;    thence  in  a  southerly  direction  along  that  straight  line 
to  the  intersection  with  the  high- water  mark  on  the  westerly  shore  of  Phillip 
Edward  Island;    thence  in  a  southerly  and  easterly  direction  along  that  high- 
water  mark  to  the  most  southeasterly  extremity  of  Phillip  Edward  Island; 
thence  east  astronomically  to  the  intersection  with  the  high-water  mark  on  the 
north  shore  of  Georgian  Bay;    thence  in  an  easterly  direction  along  that  high- 
water  mark  to  the  intersection  with  the  centre  line  of  Fort  Channel  of  the 
French  River;    thence  in  a  southwesterly  direction  along  that  centre  line  to 
the  confluence  with  the  waters  of  Georgian  Bay;    thence  in  a  southerly  direction 
along  a  line  drawn  south  astronomically  from  the  confluence  of  the  waters  of 
Fort  Channel  of  the  French  River  with  the  waters  of  Georgian  Bay  to  the 
intersection  with  a  line  drawn  east  astronomically  from  the  most  southerly 
extremity  of  Lucas  Island;    thence  in  a  westerly  direction  along  that  line  to 
the  intersection  with  the  most  southerly  extrernity  of  Lucas  Island;    thence 
continuing  in  a  westerly  direction  along  a  line  drawn  west  astronomically  from 
the  most  southerly  extremity  of  Lucas  Island  to  the  International  Boundary 
between  Canada  and  the  United  States  of  America;    thence  in  a  northwesterly 
direction  along  that  boundary  to  the  intersection  with  a  line  drawn  south  32° 
west  astronomically  from  the  place  of  beginning;    thence  north  32°  east  astro- 
nomically to  the  confluence  of  the  waters  of  Lake  Huron  with  the  waters  of 
Mississagi  Strait;    thence  in  a  northeasterly  direction  along  the  centre  line  of 
Mississagi  Strait  to  the  confluence  with  the  waters  of  the  North  Channel;    thence 
north  32°  east  astronomically  through  the  North  Channel  to  the  place  of 
beginning. 


Part  44 


All  those  lands  in  the  Territorial  District  of  Manitoulin  described  as 
follows: 

Beginning  at  the  intersection  of  the  International  Boundary  between  Canada 
and  the  United  States  of  America  with  the  Territorial  District  Boundary  between 
Algoma  and  Manitoulin  opposite  Drummond  Island;    thence- in  an  easterly 


1008  GAME  AND  FISH  Reg.  426 

direction  along  that  boundary  a  distance  of  20  kiloinetere;    thence  south  32° 
west  astronomically  through  the  waters  of  the  North  Channel  to  the  confluence 
of  those  waters  with  the  waters  of  Mississagi  Strait;    thence  southwesterly 
along  the  centre  line  of  Mississagi  Strait  to  the  confluence  with  the  waters  of 
Lake  Huron;    thence  continuing  south  32°  west  astrononnically  to  the  inter- 
section with  the  International  Boundary  between  Canada  and  the  United  States 
of  America;    thence  in  a  northwesterly  and  northeasterly  direction  along  that 
boundary  to  the  place  of  beginning. 


Part  45 


All  those  lands  in  the  Territorial  District  of  Algoma  described  as 
follows: 

Beginning  at  the  intersection  of  the  International  Boundary  between  Canada 
and  the  United  States  of  America  with  the  easterly  boundary  of  the  To'v^Tiship  of 
Hilton;    thence  in  a  northerly  and  northwesterly  direction  along  that  boundary 
to  the  intersection  with  the  northeasterly  boundary  of  the  Township  of 
St.    Joseph;    thence  in  a  northwesterly  and  westerly  direction  along  that 
boundary  to  the  intersection  with  the  International  Boundary  between  Canada 
and  the  United  States  of  America;    thence  in  a  southeasterly  and  easterly 
direction  along  that  centre  line  to  the  place  of  beginning. 


Part  46 
All  that  part  of  Ontario  lying  south  of  the  French  and  Mattawa  rivers. 

O.  Reg.  649/80,  Sched.  1. 


Reg.  426 


GAME  AND  FISH 


1009 


Schedule  2 
BLACK  BEAR 


Item 

Colvimn  1 

Column  2 

Colvimn  3 

Parts  of  Ontario 

Open  Seasons 

Conditions 

described  and 

enumerated  in 

Schedule  1 

1. 

1.   2,   3,   4,   5,   6, 

April  15  to 

7B,   8,   9,    10,   11, 

June  15 

12,    13,    14,    15, 

16,   17,   18,   19, 

20,  21,  22,  23, 

24,   25,  26,  27, 

28,  29,   30,   31, 

32,   33,   34.    35, 

36,   37,   38,   39, 

40,   41,   42,   43, 

44,   45  and  46 

i 

2. 

7A 

April  15  to 

Only  bows  and 

June  15 

arrows  or  flint 
lock  or  percussion 
cap  muzzle  load- 
ing guns  may  be 
used. 

3. 

1,    11,    12,    13,14, 

September  10  to 

15,    17,    18.    19,  20, 

October  15 

21,   22,   23,   24,  25, 

26,  27,  28,   29,  30, 

31,   32,   33,   34,  35, 

36,   37,   38,   39,  40, 

41,   42,   43.   44  and 

45c 

4. 

2,  3,  4,  5,  6.   7B, 

September  10  to 

8,  9,   10  and  16 

October  31 

1010 


GAME  AND  FISH 


Reg.  426 


Item 

Column  1 
Parts  of  Ontario 
described  and 
enumerated  in 
Schedule  1 

Column  2 
Open  Seasons 

Colvimn  3 
Conditions 

5. 

7A 

September  10  to 
October  31 

Only  bows  and 
arrows  or  flint 
lock  or  percussion 
cap  muzzle  load- 
ing guns  may  be 
used. 

6. 

46 

September  15  to 
November  30 

O.  Reg.  649/80,  Sched.  2. 


Reg.  427 


GAME  AND  FISH 


1011 


REGULATION  427 


under  the  Game  and  Fish  Act 


OPEN  SEASONS— FUR-BEARING  ANIMALS 

OPEN  SEASON   FOR  FOX,   RACCOON,   RED  SQUIRREL, 
SKUNK,  WEASEL  AND  WOLF 

1. — (1)  Arctic  fox,  grey  fox,  red  squirrel,  skunk  and 
weasel  may  be  hunted  or  trapped,  and  the  pelts  thereof 
may  be  possessed  in  any  part  of  Ontario  from  the  25th 
day  of  October  in  any  year  to  the  last  da\'  of  February  in 
the  year  next  following,  both  inclusive. 

(2)  Wolf  and  the  hybrid  of  Canis  lupus  L.  and  Cants 
latrans  Say  may  be  hunted  or  trapped,  and  the  pelts 
thereof  may  be  possessed,  in  an>-  part  of  Ontario  from 
the  1st  day  of  October  in  any  year  to  the  30th  day  of 
September  in  the  year  next  following,  both  inclu- 
sive.    O.  Reg.  433/80,  s.  1. 

2. — (1)  Vulpes  vulpes.  L.  commonly  known  as 
coloured  fox  may  be  trapped,  hunted  or  possessed 
in  the  part  of  Ontario  lying  north  of  the  French  and 
Mattawa  rivers  from  the  25th  day  of  October  in  any 
year  to  the  last  day  of  February  in  the  year  next 
following,  both  inclusive.     O.  Reg.  612/74,  s.  2. 

(2)  Vulpes  vulpes  L.  commonly  known  as  coloured 
fox  may  be  trapped,  hunted  or  possessed  in  the 
part  of  Ontario  described  in  Schedule  4  from  the  1st 
day  of  October  in  any  year  to  the  30th  day  of 
September  in  the  year  next  following,  both  in- 
clusive.    O.  Reg.  806/74,  s.  1. 

3.  Raccoon  may  be  hunted  or  trapped,  and  the  pelt 
thereof  may  be  possessed,  in  any  part  of  Ontario  from 
the  ISth  day  of  October  to  the  31st  day  of  December, 
both  inclusive,  in  any  year.     O.  Reg.  390/79,  s.  2. 

OPEN  SEASON   FOR   BEAVER  AND  OTTER 

4.  Beaver  and  otter  may  be  trapped,  hunted  or  pos- 
sessed in  the  parts  of  Ontario  described  in, 

(a)  Schedule  1  from  the  15th  day  of  October 
in  any  year  to  the  15th  day  of  May  in  the 
year  next  following,  both  inclusive ; 

(b)  Schedule  2  from  the  15th  day  of  October 
in  any  year  to  the  22nd  day  of  April  in 
the  year  next  following,  both  inclusive; 
and 

(c)  Schedules  3  and  4  from  the  25th  day  of 
October  in  any  year  to  the  31st  day  of 
March  in  the  year  next  following,  both 
inclusive.  O.  Reg.  612/74,  s.  3;  O.  Reg. 
788/78,  s.  1. 

OPEN  SEASON  FOR  BOBCAT.  FISHER,  LYNX, 
MARTEN  AND  WOLVERINE 

5.  Fisher  and  marten  may  be  trapped,  hunted  or 
possessed  in  the  parts  of  Ontario  described  in, 


(a)  Schedules  1,  2  and  3  from  the  25th  day  of 
October  in  any  year  to  the  last  day  of 
February  in  the  year  next  following,  both 
inclusive ;  and 

(6)  Schedule  4  from  the  25th  day  of  October 
to  the  31st  day  of  December  in  any  year, 
both  inclusive. 

6.  Bobcat,  lynx  and  wolverine  may  be  trapped, 
hunted  or  possessed  in  any  part  of  Ontario  from 
the  25th  day  of  October  in  any  year  to  the  last  day 
of  February  in  the  year  next  following,  both  inclusive. 
O.Reg.  582/75,  s.  1. 

OPEN  SEASON   FOR   MINK 

7.  Mink  may  be  trapped,  hunted  or  possessed  in  the 
parts  of  Ontario  described  in, 

{a)  Schedule  1  from  the  15th  day  of  October 
in  any  year  to  the  31st  day  of  January  in 
the   year   next   following,   both   inclusive; 

(b)  Schedule  2  from  the  15th  day  of  October 
to  the  31st  day  of  December  in  any  year, 
both  inclusive ;  and 

(f)  Schedules  3  and  4  from  the  25th  day  of 
October  to  the  31st  day  of  December  in 
any  year,  both  inclusive.  O.  Reg.  612/74, 
s.  5;  O.  Reg.  788/78,  s.  3. 

OPEN  SEASON  FOR  MUSKRAT 

8.  Muskrat  may  be  trapped,  hunted  or  possessed  in 
the  parts  of  Ontario  described  in, 

(a)  Schedule  1  from  the  15th  day  of  October 
in  any  year  to  the  31st  day  of  May  in  the 
year  next  following,  both  inclusive ; 

(b)  Schedule  2  from  the  15th  day  of  October 
in  any  year  to  the  21st  day  of  May  in 
the  year  next  following,  both  inclusive; 

(c)  Schedule  3  from  the  25th  day  of  October 
in  any  year  to  the  21st  day  of  May  in 
the  year  next  following,  both  inclusive; 

(d)  paragraph  1  of  Schedule  4  from  the  25th 
day  of  October  in  any  year  to  the  10th  day 
of  May  in  the  year  next  following,  both 
inclusive;  and 

(e)  paragraph  2  of  Schedule  4  from  the  25th 
day  of  October  in  any  year  to  the  30th 
day  of  April  in  the  year  next  following, 
both  inclusive.  O.  Reg.  612/74,  s.  6 ;  O.  Reg. 
384/76,  s.  1 ;  O.  Reg.  788/78,  s.  4. 


1012 


GAME  AND  FISH 


Reg.  427 


OPEN  SEASON  FOR  BADGER 

9.  Badger  may  be  trapped,  hunted  or  possessed  in 
the  parts  of  Ontario  described  in  Schedules  1,2,3  and 
4  from  the  2Sth  day  of  October  to  the  31st  day  of 
December  in  any  year,  both  inclusive.  O.  Reg.  645/ 
79,  s.  1. 

Schedule   1 

Beginning  at  the  intersection  of  the  centre  line  of  the 
most  northerly  east-west  line  of  the  Canadian  National 
Railway  Company  with  Interprovincial  Boundary 
between  Ontario  and  Quebec;  thence  in  a  westerly 
direction  following  that  centre  line  to  the  intersection 
with  the  Interprovincial  Boundary  between  Ontario 
and  Manitoba;  thence  in  a  northerly  and  northeasterly 
direction  following  that  boundary  to  the  water's  edge 
of  Hudson  Bay;  thence  in  a  general  southeasterly 
direction  following  that  water's  edge  and  the  water's 
edge  of  James  Bay  to  the  Interprovincial  Boundary 
between  Ontario  and  Quebec;  thence  southerly  along 
that  boundary  to  the  place  of  beginning.  O.  Reg. 
612/74,  Sched.  1. 

Schedule  2 

Beginning  at  the  intersection  of  the  centre  line  of  the 
right  of  way  of  the  most  northerly  east-west  line  of  the 
Canadian  National  Railway  Company  with  the  north- 
erly production  of  the  centre  line  of  the  right  of  way  of 
the  Algoma  Central  Railway;  thence  in  a  westerly 
direction  following  the  centre  line  of  the  said  Canadian 
National  Railway  Company  to  the  intersection  with  the 
Interprovincial  Boundary  between  Ontario  and  Man- 
itoba; thence  southerly  along  that  Interprovincial 
Boundary  to  the  International  Boundary  between 
Canada  and  the  United  States  of  America;  thence  in  a 
southeasterly,  northeasterly  and  southeasterly  direction 
along  that  International  Boundary  to  intersect  long- 
itude 85°  30';  thence  in  a  northeasterly  direction  to  the 
centre  line  of  the  right  of  way  of  the  Algoma  Central 
Railway  in  the  Dispersed  Rural  Community  of 
Michipicoten;  thence  in  a  northeasterly  direction  along 
the  said  centre  line  and  its  northerly  production  to  the 
place  of  beginning.     O.  Reg.  813/79,  s.  1.  part. 

Schedule  3 

Beginning  at  the  intersection  of  the  Interprovincial 
Boundary  between  Ontario  and  Quebec  with  the  centre 
line  of  the  right  of  way  of  the  most  northerly  east-west 
line  of  the  Canadian  National  Railway  Company; 
thence  in  a  southerly  and  southeasterly  direction -along 
the  said  Interprovincial  Boundary  to  the  confluence 
with  the  Mattawa  and  Ottawa  rivers;  thence  in  a 
general  westerly  direction  following  the  centre  line  of 
the  main  channel  of  the  Mattawa  River  and  its  expan- 
sions to  the  easterly  production  of  the  northerly  bound- 
ar\'  of  the  Geographic  Township  of  West  Ferris;  thence 
in  a  westerly  direction  following  the  said  easterly 
production  and  the  northerly  boundary  of  the 
Geographic  Township  of  West  Ferris  and  its  westerly 
production  to  the  easterly  shore  of  Lake  Nipissing; 
thence  in  a  southerly  direction  along  that  easterly  shore 


to  the  intersection  with  the  westerly  production  of  the 
southerly  boundary  of  the  Geographic  Township  of 
West  P'erris;  thence  westerly  across  Lake  Nipissing  in  a 
straight  line  to  a  point  in  the  middle  of  the  main  channel 
of  the  French  River  south  of  and  off  the  easterly  end  of 
Blueberry  Island;  thence  southwesterly  along  the  centre 
lines  of  the  main  channel  of  the  French  River  and  that 
channel  of  the  French  River  to  the  north  of  Okikendawt 
Island  and  along  that  channel  of  the  French  River  that 
lies  adjacent  to  the  south  boundaries  of  the  geographic 
townships  of  Scollard.  Mason,  Bigwood,  Allen  and 
Struthers  to  the  southerly  production  of  the  easterly 
boundary  of  the  Geographic  Township  of  Travers; 
thence  northerly  along  that  production  to  the  water's 
edge  of  that  channel;  thence  southwesterly,  westerly 
and  southwesterly  following  the  water's  edge  of  that 
channel  to  the  southerly  production  of  the  easterly 
boundary  of  the  Geographic  Township  of  Humboldt; 
thence  south  astronomically  64.374  kilometres;  thence 
west  astronomically  to  the  International  Boundary 
between  Canada  and  the  United  States;  thence  in  a 
northwesterly  direction  following  that  International 
Boundary  to  intersect  longitude  85°  30';  thence  in  a 
northeasterly  direction  to  the  centre  line  of  the  right  of 
way  of  the  Algoma  Central  Railway  in  the  Dispersed 
Rural  Community  of  Michipicoten;  thence  in  a  north- 
easterly direction  along  the  said  centre  line  and  its 
northerly  production  to  the  centre  line  of  the  right  of 
way  of  the  most  northerly  east-west  line  of  the  Cana- 
dian National  Railway  Company;  thence  in  a  south- 
easterly direction  along  that  centre  line  to  the  place  of 
beginning.     O.  Reg.  813/79,  s.  I,  part. 


Schedule  4 

All  those  parts  of  the  Province  of  Ontario 
described  as  follows : 

1.  Beginning  at  the  confluence  of  the  Mattawa 
and  Ottawa  rivers  at  the  Interprovincial  Boundary 
between  Ontario  and  Quebec;  thence  in  a  general 
westerly  direction  following  the  centre  of  the 
main  channel  of  the  Mattawa  River  and  its 
expansions  to  the  easterly  production  of  the 
northerly  boundary  of  the  Geographic  Township 
of  West  Ferris;  thence  in  a  westerly  direction 
following  that  easterly  production  and  the  north- 
erly boundary  of  the  Geographic  Township  of 
West  Ferris  and  its  westerly  production  to  the 
easterly  shore  of  Lake  Nipissing;  thence  in  a 
southerly  direction  along  that  easterly  shore  to 
the  intersection  with  the  westerly  production  of 
the  southerly  boundary  of  the  Geographic  Town- 
ship of  West  Ferris;  thence  westerly  across  Lake 
Nipissing  in  a  straight  line  to  a  point  in  the 
middle  of  the  main  channel  of  the  French  River 
south  of  and  off  the  easterly  end  of  Blueberry 
Island;  thence  southwesterly  along  the  centre 
lines  of  the  main  channel  of  the  French  River 
and  that  channel  of  the  French  River  to  the 
north  of  Okikendawt  Island  and  along  that  channel 
of  the  French  River  that  lies  adjacent  to  south 
boundaries  of  the  geographic  townships  of  Scollard, 
Mason,  Bigwood,  Allen  and  Struthers  to  the  south- 


Reg.  427 


GAME  AND  FISH 


1013 


erly  production  of  the  easterly  boundary  of  the 
Geographic  Township  of  Travers;  thence  north- 
erly along  that  production  to  the  water's  edge 
of  the  last-mentioned  channel;  thence  southwest- 
erly, westerly  and  southwesterly  following  the 
water's  edge  of  that  channel  to  the  southerly 
production  of  the  easterly  boundary  of  the  Geo- 
graphic Township  of  Humboldt;  thence  south 
astronomically  40  miles;  thence  southeasterly  in 
a  straight  line  to  the  intersection  of  longitude 
80°  30'  with  latitude  45°  00' ;  thence  southeasterly 
in  a  straight  line  to  the  most  northerly  extemity 
of  Giant  Tomb  Island;  thence  southeasterly  in  a 
straight  line  to  the  most  northerly  extremity  of 
Mennicognashene  Island;  thence  northeasterly  in  a 
straight  line  to  the  northwesterly  corner  of  that 
part  of  the  Township  of  Georgian  Bay  that  was 
formerly  the  Geographic  Township  of  Baxter; 
thence  in  a  southerly  and  northeasterly  direction 
along  the  westerly  and  southerly  boundary  of  that 
part  of  the  Township  of  Georgian  Bay  that  was 
formerly  the  Geographic  Township  of  Baxter  to  the 
centre  line  of  that  part  of  the  King's  Highway 
known  as  No.  103;  thence  southerly  along  that 
centre  line  to  the  centre  line  of  Gloucester  Pool ; 
thence  in  a  northeasterly  and  southeasterly  direction 
along  the  centre  line  of  Gloucester  Pool,  the 
Severn  River,  Sparrow  Lake  and  the  Severn 
River  to  the  centre  line  of  the  right  of  way  of 
that  part  of  the  King's  Highway  known  as  No.  1 1 ; 
thence  southerly  along  that  centre  line  to  the 
centre  line  of  that  part  of  the  King's  Highway 
known  as  No.  69 ;  thence  southerly  along  that  centre 
line  to  the  centre  line  of  County  Road  No.  45; 
thence  easterly  along  that  centre  line  to  the 
centre  line  of  that  part  of  the  King's  Highway 
knov/n  as  No.  503;  thence  easterly  along  that 
centre  line  to  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.  121;  thence  easterly 
along  that  centre  line  to  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.  500; 
thence  easterly  along  that  centre  line  to  the 
centre  line  of  that  part  of  the  King's  Highway 
known  as  No.  41 ;  thence  easterly  along  that 
centre  line  to  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.  132;  thence  easterly 
along  that  centre  line  to  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.  17; 
thence  southeasterly  along  that  centre  line  to  the 
centre  line  of  that  part  of  the  King's  Highway 
known  as  No.  29;  thence  north  astronomically 
to  the  Interprovincial  Boundary  between  Ontario 
and  Quebec;  thence  northwesterly  along  that 
Boundary  to  the  place  of  beginning. 

Together  with  all  the  islands  lying  opposite  to  the 
westerly  boundary  of  that  part  of  the  Township  of 
Georgian  Bay  that  was  formerly  the  Geographic 
Township  of  Baxter,  in  The  District  Municipality 
of  Muskoka. 

2.  Beginning  at  an  angle  between  Cockburn 
Island  and  Drummond  Island  in  the  International 


Boundary  between  Canada  and  the  United  States 
of  America;  thence  in  a  southeasterly  direction 
along  that  Boundary  to  a  line  drawn  west  astro- 
nomically from  a  point  distant  40  miles  measured 
south  astronomically  from  the  southeasterly  corner 
of  the  Geographic  Township  of  Humboldt;  thence 
west  astronomically  to  that  point;  thence  south- 
easterly in  a  straight  line  to  the  intersection  of 
longitude  80°  30'  with  latitude  45°  00' ;  thence 
southeasterly  in  a  straight  line  to  the  most  north- 
erly extremity  of  Giant  Tomb  Island;  thence 
southeasterly  in  a  straight  line  to  the  most  northerly 
extremity  of  Mennicognashene  Island ;  thence  north- 
easterly in  a  straight  line  to  the  northwesterly 
corner  of  that  part  of  the  Township  of  Georgian 
Bay  that  was  formerly  the  Geographic  Township 
of  Baxter;  thence  in  a  southerly  and  northeasterly 
direction  along  the  westerly  and  southerly  boundary 
of  that  part  of  the  Township  of  Georgian  Bay 
that  was  formerly  the  Geographic  Township  of 
Baxter  to  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.  103;  thence  south- 
erly along  that  centre  line  to  the  centre  Hne  of 
Gloucester  Pool;  thence  in  a  northeasterly  and 
southeasterly  direction  along  the  centre  line  of 
Gloucester  Pool,  the  Severn  River,  Sparrow  Lake 
and  the  Severn  River  to  the  centre  line  of  the  right 
of  way  of  that  part  of  the  King's  Highway  known 
as  No.  1 1 ;  thence  southerly  along  that  centre  line 
to  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.  69;  thence  southerly  along 
that  centre  line  to  the  centre  line  of  County 
Road  No.  45;  thence  easterly  along  that  centre 
line  to  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.  503;  thence  easterly  along 
that  centre  line  to  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  No.  121;  thence 
easterly  along  that  centre  line  to  the  centre  line 
of  that  part  of  the  King's  Highway  known  as 
No.  500;  thence  easterly  along  that  centre  line 
to  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.  41 ;  thence  easterly  along 
that  centre  line  to  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.  132 ;  thence  easterly 
along  that  centre  line  to  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.  17; 
thence  southeasterly  along  that  centre  line  to 
the  centre  Hne  of  that  part  of  the  King's  High- 
way known  as  No.  29;  thence  north  astronomically 
to  the  Interprovincial  Boundary  between  Ontario 
and  Quebec;  thence  in  a  southeasterly  direction 
along  that  Boundary  to  the  intersection  with  the 
International  Boundary  between  Canada  and  the 
United  States  of  America;  thence  in  a  general 
westerly  and  northerly  direction  along  that 
Boundary  to  the  place  of  beginning. 


Excluding  all  the  islands  lying  opposite  to  the 
westerly  boundary  of  that  part  of  the  Township 
of  Georgian  Bay  that  was  formerly  the  Geographic 
Township  of  Baxter,  in  The  District  Municipality 
of  Muskoka.     O.  Reg.  384/76.  s.  2. 


Reg.  428 


GAME  AND  FISH 


1015 


REGULATION  428 


under  the  Game  and  Fish  Act 


OPEN  SEASONS— MOOSE  AND  DEER 

1.  This  Regulation  is  subject  to  Regulation  409  of 
Revised  Regulations  of  Ontario,  1980  and  does  not 
apply  to  provincial  parks  other  than  that  part  of 
Algonquin  Provincial  Park  situate  in  the  geographic 
townships  of  Bruton  and  Clyde  in  the  Provisional 
County  of  Haliburton.     O.  Reg.  405/78,  s.  2. 

2.  For  the  purpose  of  this  Regulation,  Ontario  is 
divided  into  parts  described  and  enumerated  in 
Schedule  1.     O.  Reg.  405/78,  s.  3. 

3.  In  this  Regulation,  unless  otherwise  specified, 
whenever  an  open  season  is  set  out,  the  open  season 
includes  both  the  date  of  commencement  and  the  date 
of  termination.     O.  Reg.  405/78,  s.  4. 

OPEN  SEASON  FOR  MOOSE 

4. — (1)  In  this  section  "hunting  in  a  party"  means 
hunting  in  a  party  of  two  or  three  persons  who  each 
have  a  valid  licence  to  hunt  moose  and  who  have  agreed 
to  hunt  moose  co-operatively  during  a  period  in  an  area 
that  can  reasonably  be  hunted  by  such  persons  during 
the  period  so  that  the  intended  objective  of  the  hunt  can 
be  achieved.     O.  Reg.  449/80,  s.  1,  part. 

(2)  The  holder  of  a  resident's  licence  to  hunt  moose 
may  hunt  moose  only  while  hunting  in  a  party  in  any 
part  of  Ontario  specified  in  Column  1  of  an  item  of 
Schedule  2  during  the  open  season  specified  in  Column 

2  of  the  item. 

(3)  The  holder  of  a  non-resident's  licence  to  hunt 
moose  may  hunt  moose  only  while  hunting  in  a  party  in 
any  part  of  Ontario  specified  in  Column  1  of  an  item  of 
Schedule  2  during  the  open  season  specified  in  Column 

3  of  the  item. 

(4)  Not  more  than  one  moose  shall  be  taken  or  pos- 
sessed by  persons  hunting  in  a  party.  O.  Reg.  243/80, 
s.  2,  part. 

(5)  Where  a  moose  is  killed  by  a  person  hunting  in  a 
party,  there  shall  be  attached  forthwith  to  the  tendon  of 
one  of  the  hind  legs  of  the  moose, 

(a)  the  seal  provided  with  the  licence  to  hunt 
moose  held  by  such  person;  and 

(b)  the  seal  provided  with  the  licence  to  hunt 
moose  held  by  any  one  of  the  other  persons 
hunting  in  a  party.     O.  Reg.  1029/80,  s.  1(1). 

(6)  The  seals  attached  to  the  moose  in  accordance 
with  subsection  (5)  shall  be  kept  attached  to  the  moose 
in  the  manner  prescribed  while  the  moose  is  being 
transported.     O.  Reg.  1029/80,  s.  1  (2). 


5. — (1)  The  holder  of  a  resident's  licence  to  hunt 
moose  may  hunt  moose  in  any  part  of  Ontario  specified 
in  Column  1  of  an  item  of  Schedule  3  during  the  open 
season  specified  in  Column  2  of  the  item  subject  to  the 
conditions  set  out  in  Column  4  of  the  item. 

(2)  The  holder  of  a  non-resident's  licence  to  hunt 
moose  may  hunt  moose  in  any  part  of  Ontario  specified 
in  Column  1  of  an  item  of  Schedule  3  during  the  open 
season  specified  in  Column  3  of  the  item  subject  to  the 
conditions  set  out  in  Column  4  of  the  item. 

(3)  No  person  shall  take  or  possess  more  than  one 
moose  while  hunting  moose  in  any  part  of  Ontario 
specified  in  Column  1  of  an  item  of  Schedule  3  during 
the  open  season  specified  in  Column  2  or  3  of  the  item  as 
the  case  may  be.     O.  Reg.  243/80,  s.  2,  part. 


OPEN  SEASON  FOR  DEER 

6.  Subject  to  subsection  7  (4),  no  person  shall  dur- 
ing the  open  season  therefor  take  or  possess  more  than 
one  deer.     O.  Reg.  521/80,  s.  1,  part. 

7. — (1)  In  this  section  and  section  8  "hunting  in  a 
party"  means  hunting  in  a  party  of  two  or  more  persons 
who  each  have  a  valid  licence  to  hunt  deer  and  who 
have  agreed  to  hunt  deer  co-operatively  during  a  period 
in  an  area  that  can  reasonably  be  hunted  by  such  per- 
sons during  the  period  so  that  the  intended  objective  of 
the  hunt  can  be  achieved. 

(2)  No  person,  other  than  the  holder  of  a  licence  in 
Form  1  or  2  of  Regulation  420  of  Revised  Regulations 
of  Ontario,  1980  that  is  valid  for  hunting  deer  that, 

(a)  do  not  have  antlers;  or 

(b)  have  antlers  both  of  which  are  less  than  7.5 
centimetres  in  length, 

shall  take  such  deer  or  affix  thereto  the  seal  provided 
with  his  licence. 

(3)  Subject  to  subsection  (4),  the  holder  of  a  licence 
in  Form  1,  2  or  7  of  Regulation  420  of  Revised  Regula- 
tions of  Ontario,  1980  may  hunt  deer  that  have  one  or 
both  antlers  that  are  7.5  centimetres  or  more  in  length 
while  hunting  in  a  party  during  the  open  season  for 
deer  in  any  part  of  Ontario. 

(4)  Where  persons  are  hunting  in  a  party  for  deer  that 
have  one  or  both  antlers  that  are  7.5- centimetres  or 
more  in  length,  any  one  of  such  persons  may  take  or 
possess  the  number  of  deer  that  may  be  hunted  while 
hunting  in  a  party  that  is  equal  to  the  number  of  seals 


1016 


GAME  AND  FISH 


Reg.  428 


provided  with  the  licences  to  hunt  deer  and  held  by  such 
persons,  but  the  total  number  of  deer  taken  or  possessed 
by  the  persons  hunting  in  a  party  shall  not  exceed  the 
total  number  of  such  seals.     O.  Reg.  521/80, s.  \,part. 

8.  The  holder  of  a  licence  in  Form  1  or  2  of  Regula- 
tion 420  of  Revised  Regulations  of  Ontario,  1980  that 
is  valid  for  hunting  deer  that, 

(a)  do  not  have  antlers;  or 

ib)  have  antlers  both  of  which  are  less  than  7.5 
centimetres  in  length, 

may  hunt  deer  that  have  one  or  both  antlers  that  are  7 . 5 
centimetres  or  more  in  length  during  the  open  season 
therefor  while  hunting  in  a  party  after  he  has  taken  a 


deer  referred  to  in  clause  (a)  or  ib)  and  affixed  thereto 
the  seal  provided  with  his  licence.  O.  Reg.  521/80, 
s.  1,  part. 

9.  The  holder  of  a  licence  in  Form  1  or  2  of  Regula- 
tion 420  of  Revised  Regulations  of  Ontario,  1980  may 
hunt  deer  in  the  part  of  Ontario  specified  in  Column  1 
of  an  item  of  Schedule  4  during  the  open  season 
specified  in  Column  2  of  the  item  subject  to  the  condi- 
tions set  out  in  Column  4  of  the  item.  O.  Reg.  521/ 
80,  s.  1,  part. 

10.  The  holder  of  a  licence  in  Form  7  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1980  may  hunt 
deer  in  the  part  of  Ontario  specified  in  Column  1  of  an 
item  of  Schedule  4  during  the  open  season  specified  in 
Column  3  of  the  item  subject  to  the  conditions  set  out 
in  Column  4  of  the  item.     O.  Reg.  521/80,  s.  I,  part. 


Reg.  428 GAME  AND  FISH 1017 

Schedule  1 


Part  1 

All  those  lands  in  the  Territorial  District  of  Kenora  (Patricia  Portion) 
in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  Interprovincial  BouiidaTy  between 
Ontario  and  Manitoba  with  the  water's  edge  along  the  southerly  shore  of. 
Hudson  Bay;    thence  in  a  southwesterly  and  southerly  direction  along  that 
Interprovincial  Boundary  to  the  centre  line  of  Moar  Lake;    thence  in  an 
easterly,   northeasterly  and  southeasterly  direction  along  the  centre  line  of 
Moar  Lake  and  the  main  channel  of  the  Berens  River  Systenn  composed  of 
Sharpstone  Lake,    Stout  Lake,    Pikangikum  Lake,    Berens  Lake  and  Nechigona 
Lake  to  the  centre  line  of  Goose  Lake;    thence  easterly  and  northerly  along 
the  centre  line  of  Goose  Lake  and  the  most  northerly  bay  of  Goose  Lake  to  the 
intersection  with  the  11th  Base  Line;    thence  easterly  along  that  base  line  to 
the  centre  line  of  the  Wabassi  River;    thence  easterly  along  that  centre  line  to 
the  centre  line  of  the  Albany  River;    thence  in  a  southeasterly  and  north- 
easterly direction  following  that  centre  line  and  the  centre  line  of  the  southerly 
channel  of  that  river  lying  southerly  of  the  islands  at  the  mouth  of  the  Albany 
River  to  the  confluence  with  the  waters  of  James  Bay;    thence  in  a  northerly 
and  northwesterly  direction  following  the  water's  edge  of  James  Bay  and 
Hudson  Bay  to  the  place  of  beginning. 


Part  2 


All  those  lands  in  the  Territorial  District  of  Kenora  (Patricia  Portion) 
in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  Interprovincial  Boundary  between 
Ontario  end  Manitoba  with  the  7th  Base  Line;    thence  easterly  along  that 
base  line  to  the  centre  line  of  the  Sturgeon  River  flowing  through  Fletcher 
Lake;    thence  in  a  northeasterly  and  northerly  direction  along  the  centre  line 
of  the  Sturgeon  River  flowing  through  Fletcher  Lake,    Roger  Lake  and  Right 
Lake  to  the  centre  line  of  Sydney  Lake;    thence  in  a  northeasterly  direction 
along  that  centre  line  to  the  centre  line  of  the  most  northeasterly  bay  of 
Sydney  Lake;    thence  along  that  centre  line  to  the  intersection  with  the  high- 
water  inark  on  the  most  northeasterly  bay  of  Sydney  Lake;    thence  continuing 
in  a  northeasterly  direction  along  connecting  waterways  and  portages  to  the 
intersection  with  the  high- water  mark  on  the  south  shore  of  Longlegged 
Lake;    thence  in  a  northeasterly  direction  across  Longlegged  Lake  to  a 
small  stream  draining  into  the  said  lake;    thence  in  a  northerly  direction 
along  portages  and  interconnecting  waters  to  the  intersection  with  the  high- 
water  mark  on  the  most  southerly  extremity  of  Upper  Medicine  Stone  Lake; 
thence  in  a  general  northeasterly  direction  along  the  centre  line  of  Upper 
Medicine  Stone  Lake  to  the  southerly  production  of  the  centre  line  of  the 


1018  GAME  AND  FISH  Reg.  428 

stream  connecting  Upper  Medicine  Stone  Lake  and  Medicine  Stone  Lake; 
thence  northerly  along  that  production  and  the  centre  line  of  that  stream  and 
its  northerly  production  across  Medicine  Stone  Lake  to  a  stream  flowing  into 
Tack  Lake;    thence  northerly  along  that  stream,   the  centre  line  of  Tack  Lake 
and  the  stream  connecting  Tack  Lake  and  Parker  Lake,   the  centre  line  of 
Parker  Lake  and  the  northeasterly  production  of  the  centre  line  of  Parker 
Lake  to  the  centre  line  of  Red  Lake;    thence  in  a  general  westerly  and  north- 
westerly direction  along  the  centre  line  of  Red  Lake  through  Middle  Narrows, 
Pipestone  Narrows  and  Pipestone  Bay  to  the  intersection  with  the  high- water 
mark  along  the  northerly  shore  of  Pipestone  Bay;    thence  easterly  in  a  straight 
line  to  the  intersection  with  the  high-water  mark  at  the  most  westerly  extrem- 
ity of  Hammell  Lake;    thence  in  a  northeasterly  direction  along  the  centre  line 
of  Hammell  Lake  to  the  intersection  with  the  high- water  mark  at  the  most 
northerly  extremity  of  Hammell  Lake;    thence  northerly  in  a  straight  line  to 
the  intersection  with  the  high- water  mark  at  the  most  southwesterly  extrernity 
of  Alford  Lake;    thence  in  a  southeasterly,   northeasterly  and  northwesterly 
direction  along  the  centre  line  of  interconnecting  waters  composed  of  Alford 
Lake,    Corallen  Lake  and  Little  Vermillion  Lake  to  the  intersection  with  the 
southeasterly  production  of  the  centre  line  of  the  Chukuni  River;    thence  in  a 
northwesterly  and  northerly  direction  along  that  production  and  the  centre  line 
of  the  Chukuni  River  composed  of  Rathouse  Lake  and  Odin  Lake  to  the  inter- 
section with  the  high- water  mark  at  the  most  northwesterly  extrernity  of  Odin 
Lake;    thence  northwesterly  in  a  straight  line  to  the  intersection  with  the  high- 
water  mark  at  the  most  southerly  extrernity  of  Borel  Lake;    thence  in  a 
northerly  direction  along  the  centre  line  of  Borel  Lake  to  the  intersection  with 
the  centre  line  of  the  Dowling  River;    thence  in  a  northeasterly  and  northerly 
direction  along  the  centre  line  of  the  Dowling  River  composed  of  Harding  Lake, 
Hornblendite  Lake,  Dowling  Lake  and  Pikangikum  Lake  to  the  intersection 
with  the  southeasterly  production  of  the  centre  line  of  the  main  channel  of  the 
Berens  River;    thence  in  a  northwesterly,    westerly  and  southwesterly 
direction  along  that  production  and  the  centre  line  of  the  main  channel  of  the 
Berens  River  composed  of  Stout  Lake  and  Sharpstone  Lake  to  the  centre  line  of 
Moar  Lake;    thence  westerly  along  that  centre  line  to  the  intersection  with  the 
Interprovincial  Bovmdary  between  Ontario  and  Manitoba;    thence  southerly 
along  the  Interprovincial  Boundary  between  Ontario  and  Manitoba  to  the  place 
of  beginning. 


Part  3 


All  those  lands  in  the  Territorial  District  of  Kenora  (Patricia  Portion) 
in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Sturgeon  River 
flowing  through  Fletcher  Lake  with  the  7th  Base  Line;    thence  easterly  along 
that  base  line  to  the  intersection  with  the  centre  line  of  the  English  River; 
thence  in  a  northeasterly  direction  along  that  centre  line  composed  of  Oak 
Lake,    Wilcox  Lake,    Goose  Lake,    Wegg  Lake,    Barnston  Lake  and  Camping 
Lake  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.   105;    thence  in  a  northerly  direction  along  that  centre  line  to 


Reg.  428  GAME  AND  FISH  1019 

the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  Secondary  Highway  No.    657;    thence  in  a  northeasterly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  the  right  of  way  of 
Ontario  Hydro  in  the  geographic  Township  of  Knott;    thence  in  a  northeasterly 
and  northerly  direction  along  that  centre  line  to  the  intersection  with  the  high- 
water  mark  on  the  easterly  shore  of  Shabumeni  Lake;    thence  in  a  northerly 
direction  along  that  high- water  mark,    along  the  stream  between  Little 
Shabumeni  Lake  and  Shabumeni  Lake  and  the  high- water  mark  of  Little 
Shabumeni  Lake  to  the  most  northerly  extremity  of  Little  Shabumeni  Lake; 
thence  northwesterly  in  a  straight  line  to  the  intersection  with  the  high- water 
mark  along  the  most  southeasterly  extremity  of  Mainprize  Lake;    thence  in 
a  northerly  direction  along  the  centre  line  of  Mainprize  Lake  to  the  inter- 
section with  the  centre  line  of  the  Berens  River;    thence  in  a  northerly,    north- 
westerly and  westerly  direction  along  that  centre  line  composed  of  Southwest 
Lake,    Upper  Goose  Lake,   Mamakwash  Lake,   Goose  Lake,    Berens  Lake  and 
Pikangikum  Lake  to  the  intersection  with  the  centre  line  of  Pikangikum  Lake; 
thence  in  a  southerly  direction  along  that  centre  line  to  the  intersection  with 
the  centre  line  of  the  Dowling  River;    thence  in  a  southerly  and  westerly 
direction  along  that  centre  line  composed  of  Dowling  Lake,    Hornblendite 
Lake,    Harding  Lake  and  Borel  Lake  to  the  intersection  with  the  high- water 
mark  along  the  most  southerly  extremity  of  Borel  Lake;    thence  in  a  south- 
easterly direction  along  a  straight  line  to  the  intersection  of  the  high- water 
mark  along  the  most  northwesterly  extremity  of  Odin  Lake;    thence  in  a 
southerly  direction  along  the  centre  line  of  Odin  Lake  to  the  intersection  with 
the  centre  line  of  the  Chiikuni  River;    thence  in  a  southeasterly  direction  along 
that  centre  line  composed  of  Rathouse  Lake  and  the  southeasterly  production 
of  the  Chukuni  River  to  the  centre  line  of  Little  Vermillion  Lake;    thence  in  a 
southwesterly  direction  along  that  centre  line  and  the  centre  line  of  inter- 
connecting waters  composed  of  Corallen  Lake  and  Alford  Lake  to  the  inter- 
section with  the  high- water  mark  along  the  most  southwesterly  extremity  of 
Alford  Lake;    thence  southerly  in  a  straight  line  to  the  intersection  with  the 
high- water  mark  along  the  most  northerly  extremity  of  Hammell  Lake;    thence 
in  a  southwesterly  direction  along  the  centre  line  of  Hammell  Lake  to  the 
most  westerly  extremity  thereof;    thence  westerly  in  a  straight  line  to  the 
high- water  mark  along  the  most  northeasterly  extremity  of  Pipestone  Bay; 
thence  in  a  southerly,    easterly  and  southerly  direction  along  the  centre  line 
of  Pipestone  Bay,    Pipestone  Narrows  and  Middle  Narrows  of  Red  Lake  and 
Red  Lake  to  the  northeasterly  production  of  the  centre  line  of  Parker  Lake; 
thence  southwesterly  along  that  production  and  the  centre  line  of  Parker 
Lake,   the  stream  connecting  Parker  Lake  and  Tack  Lake,    and  the  centre  line 
of  Tack  Lake,   to  the  stream  between  Tack  Lake  and  Medicine  Stone  Lake; 
thence  southerly  along  that  stream  and  its  southerly  production  across 
Medicine  Stone  Lake  to  the  streair  between  Medicine  Stone  Lake  and  Upper 
Medicine  Stone  Lake;    thence  southerly  along  that  stream  and  its  southerly 
production  to  the  centre  line  of  Upper  Medicine  Stone  Lake;    thence  in  a 
southwesterly  direction  along  the  centre  line  of  Upper  Medicine  Stone  Lake 
to  the  most  southwesterly  extremity  thereof;    thence  in  a  southerly  direction 
along  connecting  waterways  and  portages  to  a  stream  flowing  into  Longlegged 
Lake;    thence  southwesterly  across  Longlegged  Lake  to  and  along  portages 
and  waterways  to  the  most  northeasterly  bay  of  Sydney  Lake;    thence  south- 
westerly along  the  centre  line  of  the  most  northeasterly  bay  of  Sydney  Lake, 


1020  GAME  AND  FISH Reg.  428 

the  centre  line  of  Sydney  Lake  and  the  centre  line  of  the  Sturgeon  River 
compoaed  of  Right  Lake  and  Roger  Lake  to  the  centre  line  of  Fletcher  Lake; 
thence  southwesterly  along  that  centre  line  to  the  place  of  beginning. 


Part  4 


All  those  lands  in  the  Territorial  District  of  Kenora  (Patricia  Portion) 
in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    105  with  the  centre  line  of  the  English  River;    thence 
easterly  along  that  centre  line  and  the  easterly  production  of  that  centre  line 
to  the  centre  line  of  Lac  Seul;    thence  in  a  southeasterly  and  easterly  direction 
along  that  centre  line  through  Shanty  Narrows,    Poplar  Narrows,    Manitou 
Narrows  and  Sen  Bay  and  Bindo  Lake  to  the  most  easterly  extremity  of  Bindo 
Lake;    thence  southeasterly  to  the  most  northerly  extremity  of  Stranger  Lake; 
thence  in  a  southwesterly  direction  along  the  centre  line  of  Stranger  Lake, 
the  creek  between  McDougall  Bay  of  Marchington  Lake  and  Stranger  Lake  and 
McDougall  Bay  to  the  most  southwesterly  extremity  thereof;    thence  south 
astronomically  to  the  centre  line  of  the  right  of  way  of  the  Canadian  National 
Railway  Company;    thence  easterly  along  that  centre  line  to  the  connecting 
waters  between  Singapore  Lake  and  Tawatina  Lake;    thence  in  a  northeasterly 
direction  along  the  centre  line  of  that  stream,    Tawatina  Lake,    Tawatina 
River  and  Lewis  Lake  to  the  portage  at  the  northerly  limit  of  Lewis  Lake; 
thence  northeasterly  along  that  portage  to  the  southerly  extremity  of 
Farrington  Lake;    thence  in  a  northerly  and  westerly  direction  along  the  centre 
line  of  Farrington  Lake  and  Schist  Lake,   both  forming  part  of  the  Marchington 
River,   to  a  stream  flowing  from  Runway  Lake;    thence  northeasterly  along 
that  stream  to  the  most  southerly  extrernity  of  Runway  Lake;    thence  in  a 
westerly  direction  along  small  lakes  and  portages  to  the  most  southerly 
extremity  of  Moose  Lake;    thence  in  a  northeasterly  direction  along  the  centre 
line  of  Moose  Lake,   Moose  Creek  and  Elann  Lake  to  the  most  southerly  bay  of 
Ragged  Wood  Lake;    thence  westerly  and  northerly  along  the  centre  line  of  the 
most  southerly  bay  of  Ragged  Wood  Lake,   the  connecting  waters  between  the 
most  southerly  bay  of  Ragged  Wood  Lake  and  Mask  Lake,   and  Mask  Lake  to 
the  centre  line  of  the  Vermilion  River;    thence  northerly  and  westerly  along 
that  centre  line,   the  waters  connecting  the  Vermilion  River  and  Enrae  Lake, 
and  Enrae  Lake  to  the  high-water  mark  along  the  northerly  bank  of  the  waters 
connecting  Enrae  Lake  and  Sleen  Lake;    thence  westerly  along  that  high- water 
mark  and  the  high- water  mark  along  the  northerly  shore  of  Sleen  Lake  to  the 
most  northerly  extremity  of  Sleen  Lake;    thence  westerly  in  a  straight  line  to 
the  miost  southerly  extremity  of  McNeely  Lake;    thence  in  a  northeasterly 
direction  along  the  centre  lines  of  McNeely  Lake,    Free  Creek,   Adamhay 
Lake,    Root  River,    Root  Bay  and  the  West  Channel  of  Lake  St.   Joseph, 
Blackstone  Lake,    Roadhouse  Lake,    Bamaji  Lake  and  North  Bamaji  Lake  to 
the  centre  line  of  the  right  of  way  of  Ontario  Hydro  at  Slate  Falls;    thence  in 
a  westerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  the  north- south  right  of  way  of  Ontario  Hydro  in  the  geographic 
Township  of  Dent;    thence  in  a  southwesterly  direction  along  that  centre  line 


Reg.  428 


GAME  AND  FISH 


1021 


to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway- 
known  as  Secondary  Highway  No.    657;    thence  in  a  westerly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    105;    thence  in  a  southeasterly  direction  along 
that  centre  line  to  the  place  of  beginning. 


Part  5 


All  those  lands  in  the  Territorial  District  of  Kenora  in  the  Province  of 
Ontario  described  as  follows: 


Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  Secondary  Highway  No.    647  in  the  Town  of  Mcintosh; 
thence  in  a  southeasterly  direction  along  the  centre  line  of  that  King's  Highway 
to  the  intersection  with  the  southwesterly  production  of  the  centre  line  of 
Smellie  Lake;    thence  in  a  northeasterly  direction  along  that  production  and 
the  centre  line  of  Smellie  Lake  and  along  the  centre  line  of  the  stream  connect- 
ing Smellie  Lake  and  Bowden  Lake  to  the  intersection  with  the  centre  line  of 
the  right   of  way  of  the  Canadian  National  Railway  Company;    thence  in  an 
easterly  direction  along  that  centre  line  to  the  intersection  with  the  westerly 
boundary  of  the  geographic  Township  of  Breithaupt;    thence  southerly  and 
easterly  along  the  westerly  and  southerly  boundaries  of  that  township  to  the 
northeasterly  corner  of  the  geographic  Township  of  Drope;    thence  southerly 
along  the  easterly  boundary  of  the  geographic  townships  of  Drope  and 
Brownridge  to  the  southeast  corner  of  the  geographic  Township  of  Brownridge; 
thence  easterly  along  the  southerly  boundary  of  the  geographic  Township  of 
Laval  to  the  northwest  corner  of  the  geographic  Township  of  Hartman;    thence 
southerly  and  easterly  along  the  westerly  and  southerly  boundary  of  that  town- 
ship to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.   72;    thence  in  a  southwesterly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  No.    17;    thence  in  a  southeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  easterly  boundary  of  the  geographic  Township  of  Hodgson; 
thence  northerly  along  that  boundary,   the  easterly  boundary  of  the  geographic 
Township  of  Hyndman  and  the  production  of  that  boundary  to  the  intersection 
with  the  centre  line  of  the  stream  flowing  into  Basket  Lake;    thence  in  a  north- 
easterly direction  along  that  centre  line  to  the  intersection  of  the  high- water 
mark  at  the  most  southerly  extremity  of  Basket  Lake;    thence  in  a  northerly 
and  northeasterly  direction  along  the  centre  line  of  that  lake  to  the  inter- 
section with  the  high- water  mark  of  the  most  northeasterly  bay  of  that  lake; 
thence  northerly  in  a  straight  line  to  the  intersection  with  the  high- water 
mark  of  the  most  southwesterly  lake  connecting  with  the  Amik  River;    thence 
northerly  along  the  centre  line  of  that  lake  to  the  intersection  with  the  centre 
line  of  the  Amik  River;    thence  in  a  northerly  and  northeasterly  direction 
along  that  centre  line  composed  of  Amik  Lake  and  Loggers  Lake  to  the  inter- 
section with  the  centre  line  of  the  English  River;    thence  in  an  easterly  direc- 
tion along  that  centre  line  composed  of  Flying  Loon  Lake  and  Jarvis  Lake  to 
the  intersection  with  the  centre  line  of  Jarvis  Lake;    thence  in  a  northeasterly 


1022  GAME  AND  FISH Reg.  428 

direction  along  that  centre  line  to  the  intersection  with  the  high-water  mark  at 
the  most  northerly  extremity  of  that  lake;    thence  northerly  along  a  straight 
line  to  the  intersection  with  the  high- water  mark  at  the  most  westerly 
extremity  of  Lake  of  Bays;    thence  in  a  northeasterly  and  northwesterly 
direction  along  a  centre  line  connecting  Lake  of  Bays,    Lake  of  Bays  River, 
Conver  Lake  and  Singapore  Lake  to  the  intersection  of  the  connecting  waters 
between  Singapore  Lake  and  Tawatina  Lake  with  the  centre  line  of  the  right 
of  way  of  the  Canadian  National  Railway  Company;    thence  westerly  along  that 
centre  line  to  a  line  drawn  south  astronomically  from  the  most  southwesterly 
extremity  of  McDougall  Bay;    thence  north  astronomically  along  that  line  to 
the  southwesterly  extremity  of  McDougall  Bay;    thence  northeasterly  along 
the  centre  line  of  McDougall  Bay,   the  streann  between  McDougall  Bay  and 
Stranger  Lake,    and  the  centre  line  of  Stranger  Lake  to  the  most  northerly 
extremity  thereof;    thence  northwesterly  to  the  rnost  easterly  extremity  of 
Bindo  Lake;    thence  westerly  and  northerly  along  the  centre  line  of  Bindo 
Lake  to  the  centre  line  of  Sen  Bay  of  Lac  Seul;    thence  in  a  westerly  and 
northwesterly  direction  along  the  centre  line  of  Sen  Bay  and  the  centre  line 
of  Lac  Seul  composed  of  Manitou  Narrows,    Poplar  Narrows  and  Shanty 
Narrows  to  the  easterly  production  of  the  centre  line  of  the  English  River; 
thence  westerly  along  that  production  in  a  southwesterly,    southerly  and 
southeasterly  direction  along  the  centre  line  of  the  English  River  composed 
of  Camping  Lake,    Barnston  Lake,    Wegg  Lake,    Goose  Lake,    Wilcox  Lake, 
Oak  Lake,    Maynard  Lake,    Tide  Lake  and  Ball  Lake  and  the  Wabigoon  River 
composed  of  Segise  Lake  and  Canyon  River  to  the  rnost  northerly  extremity 
of  Outlet  Bay  of  Canyon  Lake;    thence  in  a  southerly  and  easterly  direction 
along  the  centre  line  of  Outlet  Bay  and  Canyon  Lake  to  the  intersection  with 
a  straight  line  extending  northerly  from  the  high- water  mark  of  Canyon  Lake 
at  the  Town  of  Mcintosh;    thence  southerly  along  that  straight  line  to  the  place 
of  beginning. 


Part  6 


All  those  lands  in  the  territorial  districts  of  Kenora  and  Kenora  (Patricia 
Portion)  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  Interprovincial  Boundary  between 
Ontario  and  Manitoba  with  the  centre  line  of  the  right  of  way  of  the  Canadian 
National  Railway  Company;    thence  easterly  along  that  centre  line  to  the  inter- 
section with  a  straight  line  extending  southerly  from  the  high- water  mark  of 
Canyon  Lake  at  the  Town  of  Mcintosh;    thence  northerly  along  that  straight  line 
to  the  intersection  of  the  high- water  nnark  of  Canyon  Lake;    thence  north- 
westerly,  northerly  and  westerly  along  a  centre  line  connecting  Canyon  Lake, 
Outlet  Bay,    Canyon  River,    Segise  Lake  and  the  Wabigoon  River  to  the  inter- 
section with  the  centre  line  of  the  English  River  System;    thence  in  a  north- 
westerly,  northeasterly  and  northerly  direction  along  that  centre  line 
composed  of  Ball  Lake,    Tide  Lake  and  Maynard  Lake  to  the  intersection  with 
the  7th  Base  Line;    thence  westerly  along  that  base  line  to  the  intersection  with 
the  Interprovincial  Bo\indary  between  Ontario  and  Manitoba;    thence  southerly 
along  that  Interprovincial  Boundary  to  the  place  of  beginning. 


Reg.  428  GAME  AND  FISH  1023 

Part  7 


All  those  lands  in  the  territorial  districts  of  Kenora  and  Rainy  River 
described  in  Parts  7 A.    and  7B. 

Part  7 A. 

Aulneau  Peninsula  west  of  Turtle  Portage  excluding  all  off-shore 
islands  in  Lake  of  the  Woods. 

Part  7B. 

Beginning  at  the  intersection  of  the  Interprovincial  Boundary  between 
Ontario  and  Manitoba  with  the  International  Boundary  between  Canada  and  the 
United  States  of  America;    thence  easterly  and  southerly  along  that  boundary 
to  the  intersection  with  latitude  49°00';    thence  easterly  along  that  latitude  to 
the  intersection  with  the  high- water  mark  on  the  easterly  shore  of  Lake  of  the 
Woods;    thence  northerly  following  that  high- water  mark  to  the  intersection 
with  the  centre  line  of  a  road  known  as  No.    4;    thence  easterly  along  that  road 
to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  Secondary  Highway  No.    619;    thence  southerly  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  Secondary  Highway  No.    600;    thence  easterly  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  the  southerly  production  of  a  road  running 
north  and  east  across  the  geographic  townships  of  De wart,    Rowe  and  Menary; 
thence  northerly  and  easterly  along  that  production  and  that  centre  line  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    71;    thence  northerly  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  Regina  Bay  of  Lake  of  the  Woods  at  Sio\ix  Narrows;    thence 
easterly  along  that  centre  line  and  its  easterly  production  to  the  centre  line 
of  Dogpaw  Lake;    thence  easterly,    northerly  and  westerly  along  the  centre 
lines  of  laikes  and  connecting  waterways  composed  of  Dogpaw  Lake,    Caviar 
Lake,   Denmark  Lake,   Atikwa  Lake,    Populus  Lake  and  Betula  Lake  to  the 
intersection  with  the  high- water  mark  on  the  westerly  shore  of  the  most 
westerly  extremity  of  Betula  Lake;    thence  westerly  in  a  straight  line  to  the 
intersection  with  the  high- water  mark  on  the  easterly  shore  of  the  most 
easterly  extremity  of  Warclub  Lake;    thence  westerly,    northerly  and  easterly 
along  the  centre  line  of  Warclub  Lake,   Dryberry  Lake,    Point  Bay,    Point  Lake, 
Teggau  Lak"?  and  Vermilion  Bay  to  the  intersection  with  the  high- water  mark 
on  the  northerly  shore  of  Vermilion  Bay  at  the  Town  of  Vermilion  Bay; 
thence  northerly  in  a  straight  line  to  the  intersection  with  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.    647;    thence 
northwesterly  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
the  right  of  way  of  the  Canadian  National  Railway  Company;    thence  westerly 
along  that  centre  line  to  the  intersection  with  the  Interprovincial  Boundary 
between  Ontario  and  Manitoba;    thence  southerly  along  that  bovindary  to  the 
place  of  beginning. 

Saving  and  excepting  therefrom  all  those  lands  known  as  Aulneau 
Peninsula  west  of  Turtle  Portage  excluding  all  off-shore  islands  in  Lake  of  the 
Woods. 


1024 GAME  AND  FISH Reg.  428 

Part  8 


All  those  lands  in  the  Territorial  District  of  Kenora  in  the  Province  of 
Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    647;    thence  northwesterly  along 
the  centre  line  of  that  part  of  the  King's  Highway  known  as  Secondary  Highway 
No.    647  to  the  intersection  with  the  southwesterly  production  of  the  centre 
line  of  Smellie  Lake;    thence  in  a  northeasterly  direction  along  that  production 
and  the  centre  line  of  Smellie  Lake,   along  the  centre  line  of  the  stream 
connecting  Smellie  Lake  and  Bowden  Lake  to  the  intersection  with  the  centre 
line  of  the  right  of  way  of  the  Canadian  National  Railway  Company;    thence 
easterly  along  that  centre  line  to  the  intersection  with  the  westerly  boundary 
of  the  geographic  Township  of  Breithaupt;    thence  southerly  and  easterly  along 
the  westerly  and  southerly  boundaries  of  that  township  to  the  northeast  corner 
of  the  geographic  Township  of  Drope;    thence  southerly  along  the  easterly 
boundaries  of  the  geographic  townships  of  Drope  and  Brownridge  to  the  south- 
east corner  of  the  geographic  Township  of  Brownridge;    thence  easterly  along 
the  southerly  boundary  of  the  geographic  Township  of  Laval  to  the  northwest 
corner  of  the  geographic  Township  of  Hartman;    thence  southerly  and  easterly 
along  the  westerly  and  southerly  boundary  of  that  township  to  the  intersection 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.   72;    thence 
southwesterly  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  No.    17;    thence  southeasterly  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  McKenzie  Creek; 
thence  westerly,    southwesterly  and  southerly  along  that  centre  line  and 
connecting  waters  composed  of  McKenzie  Creek,   Dinorwic  Lake,    Stanawan 
Bay,   Minnehaha  Lake  and  Peak  Lake  to  the  intersection  with  the  production 
of  the  centre  line  of  the  portage  between  Peak  Lake  and  Sasakwei  Lake; 
thence  westerly  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  Sasakwei  Lake;    thence  southerly  along  that  centre  line  and  connecting 
waters  and  portage  composed  of  Sasakwei  Lake  and  Kabagukski  Lake  to  the 
intersection  with  the  easterly  production  of  a  straight  line  from  the  most 
northerly  extremity  of  Trafalgar  Bay  of  Upper  Manitou  Lake;    thence 
westerly  along  that  straight  line  to  the  intersection  with  the  centre  line  of 
Trafalgar  Bay;    thence  southwesterly,   northwesterly,    westerly  and  northerly 
along  that  centre  line  and  connecting  waters  and  portage  composed  of  Upper 
Manitou  LaOce,   Manitou  Straits,    Lower  Manitou  Lake,    Calder  Lake,    Syndicate 
Lake,    Picture  Narrows  Lake,    Cleftrock  Lake,    Pan  Lake,    Lawrence  Lake, 
Hill  Lake,    Brooks  Bay,    Rowan  Lake,   Denmark  Lake,   Atikwa  Lake,    Populus 
Lake  and  Betula  Lake  to  the  intersection  with  the  high- water  mark  on  the 
westerly  shore  of  the  most  westerly  extremity  of  Betula  Lake;    thence 
westerly  in  a  straight  line  to  the  intersection  with  the  high- water  mark  on  the 
easterly  shore  of  the  most  easterly  extremity  of  Warclub  J»ake;    thence 
westerly,   northerly  and  easterly  along  the  centre  line  of  "Warclub  Lake  and 
connecting  waters  composed  of  Warclub  Lake,   Dryberry  Lake,    Point  Bay, 
Point  Lake,   Teggau  Lake  and  Vermilion  Bay  to  the  intersection  with  the  high- 
water  mark  on  the  northerly  shore  of  Vermilion  Bay  at  the  Dispersed  Rural 
Community  of  Vermilion  Bay;    thence  northerly  in  a  straight  line  to  the  place 
of  beginning. 


Reg.  428 GAME  AND  FISH 1025 

Part  9 


All  those  lands  in  the  territorial  districts  of  Kenora  and  Rainy  River 
described  in  Parts  9A.   and  9B. 

Part  9 A. 

Beginning  at  the  intersection  of  that  part  of  the  King's  Highway  known 
as  No.    17  with  the  centre  line  of  McKenzie  Creek;    thence  westerly,    south- 
westerly and  southerly  along  the  centre  line  of  McKenzie  Creek  and  connecting 
waters  composed  of  McKenzie  Creek,   Dinorwic  Lake,    Stanawan  Bay, 
Minnehaha  Lake  and  Peak  Lake  to  the  intersection  with  the  production  of  the 
centre  line  of  the  portage  between  Peak  Lake  and  Sasakwei  Lake;    thence 
westerly  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
Sasakwei  Lake;    thence  southerly  along  that  centre  line  and  connecting  waters 
and  portages  composed  of  Sasakwei  Lake  and  Kabagukski  Lake  to  the  inter- 
section with  the  easterly  production  of  a  straight  line  from  the  most  northerly 
extremity  of  Trafalgar  Bay  of  Upper  Manitou  Lake;    thence  westerly  along 
that  straight  line  to  the  intersection  with  the  centre  line  of  Trafalgar  Bay; 
thence  southwesterly,    northwesterly,    westerly  and  northerly  along  the  centre 
line  of  lakes,    connecting  waters  and  portage  composed  of  Upper  Manitou 
Lake,    Manitou  Straits,    Lower  Manitou  Lake,    Calder  Lake,    Syndicate  Lake, 
Picture  Narrows  Lake,    Cleftrock  Lake,    Pan  Lake,    Lawrence  Lake,   Hill 
Lake,    Brooks  Bay,    Rowan  Lake,   Denmark  Lake,    Caviar  Lake,   Dogpaw 
River,   Dogpaw  Lake,   the  westerly  production  of  the  centre  line  of  Dogpaw 
Lake  and  Regina  Bay  of  Lake  of  the  Woods  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.   71  at  Sioux  Narrows; 
thence  in  a  southerly  direction  along  that  centre  line  to  the  intersection  with 
the  southerly  boundary  of  the  Territorial  District  of  Kenora;    thence  in  an 
easterly  direction  along  that  boundary  to  the  intersection  with  the  centre  line 
of  Eltrut  Lake,   being  part  of  the  Turtle  River  System;    thence  in  a  northerly, 
easterly  and  northeasterly  direction  along  the  centre  line  of  that  river  system 
composed  of  Eltrut  Lake,    Jones  Lake,    Pekagoning  Lake,    Bending  Lake  and 
Bending  Creek  to  the  intersection  with  the  southerly  boundary  of  the  geographic 
Township  of  Hodgson;    thence  easterly  along  that  boundary  to  the  intersection 
with  the  centre  line  of  Revell  Lake;    thence  northerly  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  the  Revell  River;    thence  northerly 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  No.    17;    thence  northwesterly  along  that  centre 
line  to  the  place  of  beginning. 

Part  9B. 

Beginning  at  the  intersection  of  the  northerly  boundary  of  the  Terri- 
torial District  of  Rainy  River  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.   71;    thence  in  a  southerly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  a  road  known  as  Camp  404  Road; 
thence  easterly  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
the  right  of  way  of  Ontario  Hydro;    thence  southeasterly  along  that  centre  line 
to  the  intersection  with  the  westerly  production  of  the  southerly  boundary  of 
Izadian  Reserve  16A;    thence  easterly  along  that  production  and  that  southerly 


1026  GAME  AND  FISH  Reg.  428 

boundary  to  the  intersection  with  the  high- water  mark  on  the  westerly  shore 
of  Sand  Bay  of  Rainy  Lake;    thence  in  a  northeasterly  and  northerly  direction 
along  that  high- water  mark  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    11;    thence  in  an  easterly  direction 
along  that  centre  line  to  the  intersection  with  a  straight  line  drawn  south  from 
the  most  easterly  extremity  of  Little  Turtle  Lake;    thence  northerly  along 
that  straight  line  to  the  high- water  nrsark  of  that  extremity  of  Little  Turtle 
Lake;    thence  westerly,   northeasterly,    northerly  and  easterly  along  the  centre 
line  of  that  part  of  the  Turtle  River  System  composed  of  Little  Turtle  Lake, 
Turtle  River,    Robinson  Lake  and  Eltrut  Lake  to  the  intersection  with  the 
northerly  boundary  of  the  Territorial  District  of  Rainy  River;    thence  westerly 
along  that  boundary  to  the  place  of  beginning. 


Part  10 


All  those  lands  in  the  Territorial  District  of  Rainy  River  in  the  Province  of 
Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  International  Boundary  between  the 
United  States  of  America  and  Canada  with  latitude  49°00';    thence  easterly 
along  that  latitude  to  the  intersection  with  the  high- water  mark  on  the  easterly 
shore  of  Lake  of  the  Woods;    thence  northerly  following  that  high- water  mark 
to  the  intersection  with  the  centre  line  of  a  road  known  as  No.    4;    thence 
easterly  along  that  road  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  Secondary  Highway  No.    619;    thence  southerly 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  Secondary  Highway  No.    600;    thence  easterly  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  the  southerly  pro- 
duction of  a  road  running  north,    east  and  west  across  the  geographic  townships 
of  Dewart,    Rowe  and  Menary;    thence  northerly  and  easterly  along  that  pro- 
duction and  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.   71;    thence  continuing  easterly  along  the 
centre  .line  of  a  road  known  as  Camp  404  Road  to  the  intersection  with  the 
centre  line  of  the  right  of  way  of  Ontario  Hydro;    thence  southeasterly  along 
that  centre  line  to  the  intersection  with  the  westerly  production  of  the  southerly 
boundary  of  Indian  Reserve  16A;    thence  easterly  along  that  production  and 
that  southerly  boundary  to  the  intersection  with  the  high- water  mark  on  the 
westerly  shore  of  Sand  Bay  of  Rainy  Lake;    thence  southerly  along  that  high- 
water  mark  to  the  intersection  with  the  centre  line  of  the  right  of  way  of  the 
former  Duluth,    Winnipeg  and  Pacific  Railway  Company,   now  the  right  of  way 
of  the  Canadian  National  Railway  Company;    thence  easterly  along  that  centre 
line  to  the  intersection  with  the  International  Boundary  between  the  United 
States  of  America  and  Canada;    thence  westerly,    southerly  and  northerly  along 
that  boundary  to  the  place  of  beginning. 


Partyil 

All  those  lands  in  the  territorial  districts  of  Rainy  River  and  Thunder 
Bay  described  in  Parts  11  A.   and  IIB. 


Reg.  428  GAME  AND  FISH  1027 

Part  11  A. 


Beginning  at  the  Intereection  of  the  centre  line  of  the  right  of  way  of 
the  former  Duluth,    Winnipeg  and  Pacific  Railway  Company,   now  the  right  of  way 
of  the  Canadian  National  Railway  Company,    with  the  International  Botmdary 
between  the  United  States  of  America  and  Canada;    thence  in  a  general  easterly 
direction  along  that  boundary  to  the  intersection  with  the  centre  line  of 
Saganaga  Lake;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  easterly  boundary  of  Quetico  Provincial  Park;    thence  in 
a  northerly  direction  along  that  boundary  and  its  northerly  production  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    11;    thence  in  a  westerly  and  southwesterly  direction  along  that  centre  line 
to  the  intersection  with  the  high- water  mark  on  the  westerly  shore  of  Rainy 
Lake;    thence  in  a  general  southerly  direction  along  that  high- water  mark  to 
the  intersection  with  the  centre  line  of  the  former  Duluth,    Winnipeg  and  Pacific 
Railway  Company,   now  the  centre  line  of  the  Canadian  National  Railway 
Company;    thence  in  an  easterly  direction  along  that  centre  line  to  the  place  of 
beginning. 


Part  UB. 


Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    11  with  the  northerly  production  of  the  easterly 
boiindary  of  Quetico  Provincial  Park;    thence  in  a  southerly  direction  along  that 
northerly  production  and  that  easterly  boundary  to  the  intersection  with  the 
centre  line  of  Saganaga  Lake;    thence  in  a  northeasterly  direction  along  the 
centre  line  of  interconnecting  lakes  and  waterways  composed  of  Saganaga 
Lake,   Northeast  Arm,   North  Channel,    Trafalgar  Bay,    Weikwabinow  River, 
Nelson  Creek  and  Nelson  Lake  to  the  intersection  with  the  high- water  mark 
at  the  most  northerly  extremity  of  Nelson  Lake;    thence  in  a  northeasterly 
direction  along  a  straight  line  to  the  intersection  with  the  centre  line  of 
Clovenhoof  Lake;    thence  in  a  general  easterly  direction  along  that  centre  line 
to  the  intersection  with  the  high- water  mark  at  the  most  easterly  extremity  of 
Clovenhoof  Lake;    thence  in  a  southeasterly  direction  along  a  straight  line  to 
the  intersection  with  the  high- water  mark  at  the  most  westerly  extremity  of 
Hoof  Lake;    thence  in  a  general  easterly  and  northerly  direction  along  the 
centre  line  of  interconnecting  lakes  and  waterways  composed  of  Hoof  Lake, 
Hoof  Creek,   Kekekuab  Lake,    Kekek  Creek,    Blossom  Lake,   Matawin  River, 
Shebandowan  River  and  the  Oskondaga  River  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    11;    thence  in  a  westerly 
direction  along  that  centre  line  to  the  place  of  beginning. 


Part  12 


All  those  lands  in  the  territorial  districts  of  Kenora,    Rainy  River  and 
Thunder  Bay  described  in  Parts  12A.   and  12B. 


1028  GAME  AND  FISH  Reg.  428 

Part  12  A. 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    17  with  the  centre  line  of  the  Revell  River;    thence 
in  a  southerly  direction  along  that  centre  line  and  the  centre  line  of  Revell  Lake 
to  the  intersection  with  the  southerly  boundary  of  the  geographic  Township  of 
Hodgson;    thence  in  a  westerly  direction  along  that  boundary  to  the  intersection 
with  the  centre  line  of  Bending  Creek,   being  part  of  the  Turtle  River  System; 
thence  in  a  southerly,   westerly  and  southwesterly  direction  along  the  centre 
line  of  that  river  system  composed  of  Bending  Creek,    Bending  Lake, 
Pekagoning  Lake,   Turtle  River,    Jones  Lake  and  Eltrut  Lake  to  the  inter- 
section with  the  southerly  boundary  of  the  Territorial  District  of  Kenora; 
thence  in  an  easterly  direction  along  that  boundary  to  the  westerly  boundary 
of  the  Territorial  District  of  Thunder  Bay;    thence  in  a  southerly  direction 
along  that  boundary  to  latitude  49°00';    thence  in  an  easterly  direction  along 
that  latitude  to  the  Seine  River  Indian  Reserve  22A2;    thence  in  a  southeasterly 
direction  following  the  southerly  limit  of  that  Indian  Reserve  and  the  centre 
line  of  the  Seine  River  to  the  Ontario  Hydro  dam  which  is  at  the  end  of  the 
Blind  Bay  Road;    thence  in  a  northeasterly  direction  along  the  centre  line  of 
the  Blind  Bay  Road  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    17;    thence  in  a  northwesterly  direction  along 
that  centre  line  to  the  place  of  beginning. 

Part  12B. 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    11  west  of  the  City  of  Thunder  Bay;    thence  westerly  along  that 
centre  line  to  the  intersection  with  a  straight  line  drawn  south  astronomically 
froin  the  most  easterly  extremity  of  Little  Turtle  Lake;    thence  northerly 
along  that  line  to  the  intersection  with  the  high- water  mark  on  the  most 
easterly  extremity  of  Little  Turtle  Lake;    thence  in  a  westerly,   northeasterly, 
northerly  and  easterly  direction  along  that  part  of  the  Turtle  River  System 
composed  of  Little  Turtle  Lake,    Turtle  River,    Robinson  Lake  and  Eltrut  Lake 
to  the  intersection  with  the  northerly  boundary  of  the  Territorial  District  of 
Rainy  River;    thence  in  an  easterly  direction  along  that  boundary  to  the  westerly 
boundary  of  the  Territorial  District  of  Thunder  Bay;    thence  in  a  southerly 
direction  along  that  boundary  to  latitude  49°00';    thence  in  an  easterly  direction 
along  that  latitude  to  the  Seine  River  Indian  Reserve  22A2;    thence  in  a  south- 
easterly direction  following  the  southerly  limit  of  that  Indian  Reserve  and  the 
centre  line  of  the  Seine  River  to  the  Ontario  Hydro  dam  which  is  at  the  end  of 
the  Blind  Bay  Road;    thence  in  a  northeasterly  direction  along  the  centre  line 
of  the  Blind  Bay  Road  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    17;    thence  in  a  southeasterly  and  southerly 
direction  along  that  centre  line  to  the  place  of  beginning. 


Part  13 


All  those  lands  in  the  Territorial  District  of  Thunder  Bay  in  the  Province 
of  Ontario  described  as  follows: 


Reg.  428  GAME  AND  FISH  1029 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  the  right  of  way  of 
TransCanada  PipeLines  Limited  in  the  geographic  Township  of  Gibbard; 
thence  in  an  easterly  direction  along  the  last  mentioned  centre  line  to  the 
intersection  with  the  centre  line  of  the  Nipigon  River;    thence  in  a  southerly 
direction  along  the  centre  line  of  the  Nipigon  River  System  composed  of  the 
Nipigon  River,   Helen  Lake  and  Nipigon  Bay  of  Lake  Superior  to  the  inter- 
section with  a  straight  line  drawn  west  astronojnically  from  Hughes  Point  to 
the  intersection  of  the  centre  line  of  the  right  of  way  of  the  Canadian 
National  Railway  Company  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    628;    thence  in  a  westerly 
direction  along  that  straight  line  to  that  intersection;    thence  in  a  south- 
westerly direction  along  the  centre  line  of  the  right   of  way  of  the  Canadian 
National  Railway  Company  to  the  intersection  with  the  centre  line  of  the 
Black  Sturgeon  River;    thence  in  a  general  southeasterly  and  southwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  high-water  rnark 
of  Black  Bay  of  Lake  Superior;    thence  in  a  westerly  and  southwesterly 
direction  along  that  high-water  mark  to  the  most  southerly  extremity  of 
Middlebrxm  Point  of  Sibley  Peninsula;    thence  south  astronomically  to  the 
intersection  with  the  International  Boundary  between  the  United  States  of 
America  and  Canada;    thence  in  a  southwesterly  and  westerly  direction  along 
that  boundary  to  the  intersection  with  the  centre  line  of  Saganaga  Lake;    thence 
in  a  northeasterly  direction  along  the  centre  line  of  interconnecting  lakes  and 
waterways  composed  of  Saganaga  Lake,   Northeast  Arm,   North  Channel, 
Trafalgar  Bay,    Weikwabinonaw  River,   Nelson  Creek  and  Nelson  Lake  to  the 
intersection  with  the  high- water  mark  at  the  most  northerly  extremity  of 
Nelson  Lake;    thence  in  a  northeasterly  direction  along  a  straight  line  to  the 
intersection  with  the  centre  line  of  Clovenhoof  Lake;    thence  in  a  generally 
easterly  direction  along  that  centre  line  to  the  intersection  with  the  high- 
water  nnark  at  the  most  easterly  extremity  of  Clovenhoof  Lake;    thence  in  a 
southeasterly  direction  along  a  straight  line  to  the  high- water  mark  at  the 
most  westerly  extremity  of  Hoof  Lake;    thence  in  a  generally  easterly  and 
northerly  direction  along  the  centre  line  of  interconnecting  lakes  and  water- 
ways composed  of  Hoof  Lake,   Hoof  Creek,   Kekekuab  Lake,    Kekek  Creek, 
Blossom  Lake,    Matawin  River,    Shebandowan  River  and  the  Oskondaga  River 
to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    17;    thence  in  a  northerly  and  northwesterly  direction  along 
that  centre  line  to  the  place  of  beginning. 


Part  14 


All  those  lands  in  the  Territorial  District  of  Thunder  Bay  in  the  Province 
of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  right  of  way  of  the  Canadian  National 
Railway  Company  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  Secondary  Highway  No.    628  in  the  geographic  Township  of  Nipigon;    thence 
east  astronomically  to  the  intersection  with  the  high- water  mark  of  Nipigon 
Bay  at  Hughes  Point;    thence  in  an  easterly  direction  along  that  high- water 
mark  to  the  most  westerly  extremity  of  Schreiber  Point;    thence  due  south 
astronomically  to  the  intersection  with  the  International  Boundary  between 


1030 GAME  AND  FISH Reg.  428 

the  United  States  of  America  and  Canada;    thence  in  a  westerly  direction 
along  that  boundary  to  the  intersection  with  a  straight  line  running  due  south 
astronomically  from  the  high- water  mark  at  the  most  southerly  extremity  of 
Middlebrun  Point;    thence  due  north  astronomically  along  that  line  to  the  high- 
water  mark  of  Lake  Superior  at  Middlebrun  Point;    thence  in  a  northeasterly 
direction  along  that  high- water  mark  to  the  intersection  with  the  centre  line 
of  the  Black  Sturgeon  River  in  Black  Bay;    thence  in  a  general  northeasterly 
and  northwesterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  right   of  way  of  the  Canadian  National  Railway  Company; 
thence  in  a  northeasterly  direction  along  that  centre  line  to  the  place  of 
beginning. 


Part  15 

All  those  lands  in  the  territorial  districts  of  Kenora  and  Thunder  Bay  in 
the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  right   of  way  of  the  Canadian  National 
Railway  Company  with  the  centre  line  of  the  Little  Jackfish  River;    thence  in 
a  southerly  direction  along  that  centre  line  to  the  intersection  with  the  high- 
water  mark  of  Lake  Nipigon  in  Ombabika  Bay;    thence  in  a  general  westerly, 
southerly  and  easterly  direction  along  that  high- water  mark  to  the  inter- 
section with  the  centre  line  of  the  Nipigon  River  east  of  Jardine  Island; 
thence  in  a  southerly  direction  along  the  centre  line  of  the  Nipigon  River 
System  composed  of  the  Nipigon  River,    Forgan  Lake  and  Jessie  Lake  to  the 
intersection  with  the  centre  line  of  the  right  of  way  of  TransCanada  PipeLines 
Limited;    thence  in  a  westerly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    17;    thence  in  a  northwesterly  direction  along  that  centre  line  to  the  inter- 
section with  the  easterly  boundary  of  the  geographic  Township  of  Hodgson; 
thence  in  a  northerly  direction  along  that  boundary,   the  easterly  boundary  of 
the  geographic  Township  of  Hyndman  and  the  northerly  production  of  that 
boundary  to  the  intersection  with  the  centre  line  of  the  stream  flowing  into 
Basket  Lake;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  high- water  mark  at  the  most  southerly  extremity  of 
Basket  Lake;    thence  in  a  northerly  and  northeasterly  direction  along  the 
centre  line  of  that  lake  to  the  intersection  with  the  high- water  mark  of  the 
most  northeasterly  bay  of  that  lake;    thence  northerly  in  a  straight  line  to  the 
intersection  with  the  high- water  mark  of  the  most  southeasterly  lake 
connecting  with  the  Amik  River;    thence  northerly  along  the  centre  line  of  that 
lake  to  the  intersection  with  the  centre  line  of  the  Amik  River;    thence  in  a 
northerly  and  northeasterly  direction  along  that  centre  line  composed  of  Amik 
Lake  and  Loggers  Lake  to  the  intersection  with  the  centre  line  of  the  English 
River;    thence  in  an  easterly  direction  along  that  centre  line  composed  of 
Flying  Loon  Lake  and  Jarvis  Lake  to  the  intersection  with  the  centre  line  of 
Jarvis  Lake;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  high- water  mark  at  the  most  northerly  extremity  of  that 
lake;    thence  northerly  along  a  straight  line  to  the  intersection  with  the  high- 
water  mark  at  the  most  westerly  extremity  of  Lake  of  Bays;    thence  in  a 
northeasterly  and  northwesterly  direction  along  a  centre  line  connecting  Lake 
of  Bays,    Lake  of  Bays  River,    Conver  Lake  and  Singapore  Lake  to  the  inter- 


Reg.  428  GAME  AND  FISH  1031 

section  with  the  connecting  waters  between  Singapore  Lake  and  Tawatina  Lake 
and  the  centre  line  of  the  right  of  way  of  the  Canadian  National  Railway  Company; 
thence  in  an  easterly  direction  along  that  centre  line  to  the  place  of  beginning. 


Part  16 


All  those  lands  in  the  territorial  districts  of  Kenora  (Patricia  Portion) 
aiad  Thunder  Bay  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Trading  River  with 
the  11th  Base  Line;    thence  in  a  westerly  direction  along  the  11th  Base  Line 
to  the  intersection  with  the  centre  line  of  the  most  northerly  bay  of  Goose 
Lake;    thence  in  a  southerly  and  southeasterly  direction  along  the  centre  line 
of  Goose  Lake  and  the  waters  connecting  Goose  Lake  and  Mannakwash  Lake, 
Mamakwash  Lake,    Upper  Goose  Lake,   the  Berens  River  and  Mainprize  Lake 
to  the  intersection  with  the  most  southeasterly  extremity  of  Mainprize  Lake; 
thence  southeasterly  in  a  straight  line  to  the  intersection  with  the  most 
northerly  extremity  of  Little  Shabumeni  Lake;    thence  in  a  southerly  direction 
along  the  high- water  mark  along  the  easterly  shore  of  Little  Shabumeni  Lake 
and  Shabumeni  Lake  to  the  intersection  with  the  centre  line  of  the  right   of  way 
of  Ontario  Hydro;    thence  in  a  southerly,    southeasterly  and  easterly  direction 
along  that  centre  line  to  Slate  Falls  on  North  Bamaji  Lake;    thence  in  a  general 
southerly  direction  along  the  centre  line  of  North  Bamaji  Lake  and  Bamaji 
Lake,   the  waters  connecting  Bamaji  Lake  and  Roadhouse  Lake,   the  centre  line 
of  Roadhouse  Lake  and  Blackstone  Lake,   the  waters  connecting  Roadhouse 
Lake  and  the  West  Channel  of  Lake  St.    Joseph,   the  centre  line  of  the  West 
Channel  of  Lake  St.    Joseph  and  Root  Bay  of  Lake  St.    Joseph  to  the  intersection 
with  the  centre  line  of  the  Root  River;    thence  in  a  southerly  direction  along 
the  centre  line  of  the  Root  River,   Adamhay  Lake,    Free  Creek  and  McNeely 
Lake  to  the  intersection  with  the  most  southerly  extremity  of  McNeely  Lake; 
thence  easterly  in  a  straight  line  to  the  intersection  with  the  most  northerly 
extremity  of  Sleen  Lake;    thence  easterly  following  the  high- water  mark  along 
the  northerly  shore  of  Sleen  Lake  and  the  northerly  bank  of  the  waters 
connecting  Sleen  Lake  and  Enrae  Lake  to  the  intersection  with  the  centre  line 
of  Enrae  Lake;    thence  northeasterly  along  the  centre  line  of  Enrae  Lake  and 
the  waters  connecting  Enrae  Lake  and  the  Vermilion  River  to  the  intersection 
with  the  centre  line  of  the  Vermilion  River;    thence  southerly  along  the  centre 
line  of  the  Vernnilion  River,   Mask  Lake  and  the  connecting  waters  to  the 
intersection  with  the  most  southerly  bay  of  Ragged  Wood  Lake;    thence  in  a 
northeasterly,    southeasterly  and  southwesterly  direction  along  the  centre  line 
of  the  most  southerly  bay  of  Ragged  Wood  Lake,   Elam  Lake,    Moose  Creek 
and  Moose  Lake  to  the  intersection  with  the  most  southerly  extremity  of  Moose 
Lake;    thence  in  an  easterly  direction  across  portages  and  small  waterways 
to  the  intersection  with  the  most  southerly  extreniity  of  Runway  Lake;    thence 
in  a  southeasterly  direction  along  the  centre  line  of  the  Marchington  River, 
Schist  Lake,   the  waters  between  Schist  Lake  and  Farrington  Lake,    and  the 
centre  line  of  Farrington  Lake  to  the  intersection  with  the  most  southerly 
extremity  of  Farrington  Lake;    thence  in  a  southerly  direction  across  a 
portage  to  the  intersection  with  the  northerly  extremity  of  Lewis  Lake; 
thence  in  a  southerly  direction  along  the  centre  line  of  Lewis  Lake,    Tawatina 
River,   Tawatina  Lake  and  the  stream  between  Tawatina  Lake  and  Singapore 


1032 GAME  AND  FISH Reg.  428 

Lake  to  the  intersection  with  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company;    thence  easterly  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  Little  Jackfish  River;    thence  in  a 
northerly  and  northwesterly  direction  along  the  centre  line  of  Little  Jackfish 
River,    Zigzag  Lake,    Moule  Lake,    Stork  Lake,    South  Summit  Lake,    Mojikit 
Lake  and  the  Ogoki  Reservoir  to  Eight  Flume  Falls;    thence  in  a  northerly 
direction  along  the  easterly  shore  of  Whiteclay  Lake  and  across  a  portage  to 
the  intersection  with  the  most  southerly  extremity  of  Witchwood  Lake;    thence 
in  a  northeasterly,   northwesterly  and  southwesterly  direction  along  the  centre 
line  of  Witchwood  Lake,    Witchwood  River,    Felsia  Lake,   Hurst  Lake,   Attwood 
Lake  and  Attwood  River  to  the  intersection  with  the  centre  line  of  Luella  Lake; 
thence  in  a  southwesterly  direction  following  the  centre  line  of  Luella  Lake, 
the  connecting  waters  between  Luella  Lake  and  Kilbarry  Lake,   the  centre  line 
of  Kilbarry  Lake,    Musgrave  Lake  and  the  portages  and  waters  between 
Musgrave  Lake  and  Linsey  Bay  of  Shabuskwia  Lake  to  the  intersection  with 
the  most  southerly  extremity  of  Linsey  Bay;    thence  in  a  northerly  direction 
along  the  centre  line  of  Linsey  Bay,    Shabuskwia  Lake  and  Shabuskwia  River 
to  the  intersection  with  the  centre  line  of  the  Albany  River;    thence  in  a 
northerly  and  westerly  direction  along  the  centre  line  of  the  Albany  River  to 
the  intersection  with  the  centre  line  of  the  Etowannami  River;    thence  in  a 
northerly  and  southwesterly  direction  along  the  centre  line  of  the  Etowannami 
River  to  the  intersection  with  the  centre  line  of  the  Trading  River;    thence  in 
a  northeasterly  direction  along  the  centre  line  of  the  Trading  River  to  the 
place  of  beginning. 


Part  17 


All  those  lands  in  the  territorial  districts  of  Kenora  (Patricia  Portion), 
Thunder  Bay  and  Cochrane  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Kenogami  River  with 
the  centre  line  of  the  Albany  River;    thence  in  a  northwesterly  direction  along 
the  centre  line  of  the  Albany  River  to  the  intersection  with  the  centre  line  of 
the  Wabassi  River;    thence  in  a  westerly  and  northerly  direction  along  that 
centre  line  to  the  intersection  with  the  11th  Base  Line;    thence  in  a  westerly 
direction  along  that  base  line  to  the  intersection  with  the  centre  line  of  the 
Trading  River;    thence  southwesterly  along  the  centre  line  of  the  Trading 
River  to  the  intersection  with  the  centre  line  of  the  Etowamanni  River;    thence 
in  a  northeasterly  and  southerly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Albany  River;    thence  in  a  southerly  direc- 
tion along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
Siabuskwia  River;    thence  in  a  southerly,   northeasterly  and  southerly  direc- 
tion along  the  centre  line  of  the  Shabuskwia  River  and  Shabuskwia  Lake  to  the 
intersection  with  the  most  southerly  extremity  of  Linsey  Bay  of  Shabuskwia 
Lake;    thence  southerly  in  a  straight  line  to  the  intersection  with  the  most 
northerly  extremity  of  Musgrave  Lake;    thence  in  a  southeasterly  and  north- 
easterly direction  along  the  centre  line  of  Musgrave  Lake  and  the  waters 
connecting  Musgrave  Lake  and  Kilbarry  Lake,   the  centre  line  of  Kilbarry 
Lake  and  the  waters  connecting  Kilbarry  Lake  and  Luella  Lake,    and  the 
centre  line  of  Luella  Lake  to  the  intersection  with  the  centre  line  of  the 


Reg.  428  GAME  AND  FISH  1033 

Attwood  River;    thence  in  a  northeasterly  and  southerly  direction  along  the 
centre  line  of  the  Attwood  River,   Attwood  Lake,   Hurst  Lake,    Felsia  Lake, 
Witchwood  River  and  Witchwood  Lake  to  the  intersection  with  the  most 
southerly  extremity  of  Witchwood  Lake;    thence  southerly  across  a  portage 
to  the  intersection  with  the  most  northerly  extremity  of  Whiteclay  Lake; 
thence  continuing  in  a  southerly  direction  along  the  easterly  shore  of 
Whiteclay  Lake  and  its  southerly  production  to  the  centre  line  of  the  Ogoki 
Reservoir  at  Eight  Flume  Falls^    thence  southerly,    easterly  and  southerly 
along  the  centre  line  of  the  Ogoki  Reservoir,   Ogoki  River  and  Ottertail 
River  to  the  intersection  with  a  straight  line  extending  due  west  astronom- 
ically from  the  most  northerly  extremity  of  Makoki  Lake;    thence  easterly 
along  the  said  straight  line  to  the  intersection  with  the  most  northerly 
extrernity  of  Makoki  Lake;    thence  southeasterly,    southerly,    easterly  and 
northeasterly  along  the  centre  line  of  Makoki  Lake,   the  connecting  waters 
between  Makoki  Lake  and  Kapikotongwa  River,   the  Kapikotongwa  River,   the 
Kapikotongwa  River  System  composed  of  Tennant  Lake,   Kapikotongwa  Lake, 
Melchett  Lake,   Nass  Lake,   Durer  Lake,    Saga  Lake,    Jungfrau  Lake  and 
Percy  Lake,   and  the  Little  Current  River  to  the  intersection  with  the  centre 
line  of  the  Kenogami  River;    thence  northerly  along  that  centre  line  to  the 
place  of  beginning. 


Part  18 


All  those  lands  in  the  territorial  districts  of  Cochrane  and  Thunder  Bay 
in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  right   of  way  of  the 
Canadian  National  Railway  Company  with  the  centre  line  of  the  Otasawian 
River;    thence  in  a  northeasterly  and  northerly  direction  along  that  centre  line 
and  the  centre  line  of  the  Nagagami  River  and  the  Kenogami  River  to  the  inter- 
section with  the  centre  line  of  the  Little  Current  River;    thence  westerly  along 
the  centre  line  of  that  river,    including  Percy  Lake,   to  the  intersection  with  the 
centre  line  of  the  Kapikotongwa  River;    thence  in  a  westerly  direction  along 
that  centre  line  and  the  centre  line  of  Jungfrau  Lake,    Saga  Lake,   Durer  Lake, 
Nass  Lake,   Melchett  Lake,   Kapikotongwa  Lake  and  Tennant  Lake  to  the  inter- 
section with  the  centre  line  of  the  connecting  waters  between  Makoki  Lake  and 
the  Kapikotongwa  River;    thence  northerly  and  northwesterly  along  that  centre 
line  and  the  centre  line  of  Makoki  Lake  to  the  intersection  with  the  nnost 
northerly  extremity  thereof;    thence  due  west  astronomically  to  the  inter- 
sectio-n  with  the  centre  line  of  the  Ottertail  River;    thence  northerly  and 
westerly  along  the  centre  line  of  the  Ottertail  River,   the  Ogoki  River  and  the 
Ogoki  Reservoir  to  the  intersection  with  the  centre  line  of  Mojikit  Lake; 
thence  southerly  along  the  centre  line  of  Mojikit  Lake,    South  Summit  Lake, 
Stork  Lake,   Moule  Lake,    Zigzag  Lake  and  the  Little  Jackfish  River  to  the 
intersection  with  the  centre  line  of  the  right   of  way  of  the  Canadian  National 
Railway  Company;    thence  in  an  easterly  direction  along  that  centre  line  to 
the  place  of  beginning. 


1034  GAME  AND  FISH  Reg.  428 

Part  19 


All  those  lands  in  the  territorial  districts  of  Cochrane  and  Thunder  Bay- 
in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  confluence  of  the  waters  of  Lake  Nipigon  with  the  waters 
of  the  Blackwater  River;    thence  in,  a  northeasterly  direction  along  the  centre 
line  of  the  Blackwater  River  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    11;    thence  easterly  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  the  Otasawian  River;    thence 
northeasterly  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
the  right  of  way  of  the  Canadian  National  Railway  Company;    thence  in  a 
westerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  the  Little  Jackfish  River;    thence  in  a  southerly  direction  along  that 
centre  line  to  the  intersection  with  the  high- water  mark  of  Lake  Nipigon; 
thence  in  a  general  southerly  direction  along  that  high-water  mark  on  the 
easterly  shore  of  Lake  Nipigon  to  the  place  of  beginning. 


Part  20 


All  those  lands  in  the  Territorial  District  of  Thunder  Bay  in  the  Province 
of  Ontario  described  as  follows: 

Beginning  at  the  confluence  of  the  waters  of  the  Little  Jackfish  River  with 
the  waters  of  Lake  Nipigon;    thence  in  a  westerly  direction  along  a  straight 
line  to  the  intersection  with  the  high-water  mark  on  the  northerly  shore  of 
Lake  Nipigon;    thence  in  a  westerly,    southerly,    easterly  and  northerly 
direction  along  that  high- water  mark  to  the  place  of  beginning. 


Part  21 

All  those  lands  in  the  territorial  districts  of  Algoma,    Cochrane  and  Thunder 
Bay  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    631  with  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.    11;    thence  in  a  westerly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  the  Blackwater 
River  in  the  geographic  Township  of  Summers;    thence  in  a  southwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  high- water  mark 
along  the  easterly  shore  of  Lake  Nipigon;    thence  in  a  southerly,   northerly 
and  westerly  direction  along  that  high- water  mark  to  the  intersection  with  the 
centre  line  of  the  Nipigon  River  east  of  Jardine  Island;    thence  in  a  southerly- 
direction  along  the  centre  line  of  the  Nipigon  River  System  composed  of  the 
Nipigon  River,   Forgan  Lake,    Jessie  Lake  and  Helen  Lake  to  the  intersection 
with  a  straight  line  extending  easterly  from  the  intersection  of  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.    628  with 


Reg.  428  GAME  AND  FISH  1035 

the  centre  line  of  the  right  of  way  of  the  Canadian  National  Railway  Company 
to  the  high- water  mark  at  the  most  southerly  extremity  of  Hughes  Point  of 
Nipigon  Bay  of  Lake  Superior;    thence  easterly  along  that  straight  line  to  the 
intersection  with  the  high-water  mark  at  the  most  southerly  extremity  of 
Hughes  Point  on  the  north  shore  of  Nipigon  Bay  of  Lake  Superior;    thence  in 
an  easterly  direction  along  that  high-water  mark  to  the  most  westerly  extrem- 
ity of  Schreiber  Point;    thence  due  south  astronomically  to  the  intersection 
with  the  International  Boundary  between  Canada  and  the  United  States  of 
America;    thence  in  a  northeasterly  direction  to  the  intersection  with  the  centre 
line  of  the  White  River;    thence  in  an  easterly  and  northeasterly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  White  Lake;    thence 
in  a  northerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    17;    thence  in  a  south- 
easterly direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.    631 ; 
thence  in  an  easterly  and  northerly  direction  along  that  centre  line  to  the  place 
of  beginning. 


Part  22 


All  those  lands  in  the  territorial  districts  of  Algoma  and  Cochrane  in  the 
Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    631;    thence  in  an  easterly  and 
northerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    11;    thence  in  an  easterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
right   of  way  of  the  Algoma  Central  Railway  near  the  Town  of  Hearst;    thence 
in  a  southwesterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  right  of  way  of  Canadian  Pacific  Limited  at  the  Dispersed 
Rural  Community  of  Franz;    thence  in  a  westerly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    17;    thence  in  a  northwesterly  direction  along  that  centre  line 
to  the  place  of  beginning. 


Part  23 

All  those  lands  in  the  territorial  districts  of  Algoma  and  Cochrane 
described  in  Parts  23 A.  and  23 B. 

Part  23 A. 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    11  with  the  centre  line  of  the  Missinaibi  River;    thence 
southeasterly  along  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    11  to  the  centre  line  of  the  Opasatika  River;    thence  southerly  along  that 


1036  GAME  AND  FISH  Reg.  428 

centre  line  to  the  northerly  boundary  of  the  geographic  Township  of  Opasatika; 
thence  easterly  along  that  boundary  to  the  northeasterly  corner  of  that  geo- 
graphic township;    thence  southerly  along  the  easterly  boundary  of  that  town- 
ship to  the  southeasterly  corner  thereof;    thence  westerly  along  the  southerly 
boundary  of  the  geographic  townships  of  Opasatika  and  Abbott  to  the  centre  line 
of  the  Missinaibi  River;    thence  northerly  along  that  centre  line  to  the  place  of 
beginning. 

Part  23 B. 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    11  with  the  centre  line  of  the  right  of  way  of  the 
Algoma  Central  Railway  Company  near  the  Town  of  Hearst;    thence  in 
a  southwesterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  right  of  way  of  the  Canadian  National  Railway  Company  at 
the  Dispersed  Rural  Community  of  Oba;    thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
Kapuskasing  River;    thence  in  a  northerly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  No.    11;    thence  in  a  northwesterly  direction  along  that  centre  line  to  the 
centre  line  of  the  Opasatika  River;    thence  in  a  southerly  direction  along  that 
centre  line  to  the  northerly  boundary  of  the  geographic  Township  of  Opasatika; 
thence  easterly  along  that  boundary  to  the  northeasterly  corner  of  that  geo- 
graphic township;    thence  southerly  along  the  easterly  boundary  of  that  geo- 
graphic township  to  the  southeasterly  corner  thereof;    thence  westerly  along 
the  southerly  boundary  of  the  geographic  townships  of  Opasatika  and  Abbott 
to  the  centre  line  of  the  Missinaibi  River;    thence  northerly  along  that  centre 
line  to  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    11; 
thence  in  a  northwesterly  direction  along  that  centre  line  to  the  place  of 
beginning. 


Part  24 


All  those  lands  in  the  Territorial  District  of  Cochrane  in  the  Province  of 
Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    807  with  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.    11  near  the  Town  of  Smooth  Rock  Falls; 
thence  in  a  northwesterly  and  westerly  direction  along  the  last  mentioned 
centre  line  to  the  intersection  with  the  centre  line  of  the  Otasawian  River; 
thence  in  a  northerly  and  northeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  the  Nagagami  River;    thence  due  east 
astronomically  to  the  intersection  of  the  centre  line  of  the  Kabinakagami 
River  with  the  centre  line  of  the  Fox  River;    thence  in  a  southeasterly  and 
southerly  direction  along  the  centre  line  of  the  Fox  River  to  the  intersection 
with  the  northerly  boundary  of  the  geographic  Township  of  Bannerman;    thence 
easterly  along  that  boundary  and  the  northerly  boundary  of  the  geographic 
Township  of  Ritchie  to  the  intersection  with  the  centre  line  of  the  Pivabiska 


Reg.  428  GAME  AND  FISH  1037 

River;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Missinaibi  River;    thence  in  a  northeasterly- 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
Moose  River  on  the  south  side  of  Portage  Island;    thence  in  a  northeasterly 
direction  along  that  centre  line  lying  south  of  Grey  Goose,   Nicoll  and  Mike 
Islands  to  the  intersection  with  the  centre  line  of  the  right   of  way  of  the 
Ontario  Northland  Transportation  Commission;    thence  in  a  southwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
Medicine  Creek;    thence  in  a  northeasterly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  the  Abitibi  River;    thence  in  a  south- 
westerly and  southeasterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre   line  of  the  right  of  way  of  the  Ontario  Northland  Transportation 
Commission;    thence  northwesterly  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  a  road  running  westerly  through  the  geographic  townships 
of  Menapia  and  Adanac  to  that  part  of  the  King's  Highway  known  as  Secondary 
Highway  No.   807;    thence  in  a  westerly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
Secondary  Highway  No.    807;    thence  in  a  southerly  and  southwesterly  direction 
along  that  centre  line  to  the  place  of  beginning. 


Part  25 


All  those  lands  in  the  Territorial  District  of  Cochrane  in  the  Province  of 
Ontario  described  as  follows: 

Beginning  at  the  confluence  of  the  waters  of  James  Bay  with  the  centre 
line  of  the  south  channel  of  the  Albany  River  lying  southerly  of  Albany 
Island;    thence  in  a  southwesterly  direction  along  that  centre  line  lying 
southerly  of  all  islands  to  the  intersection  with  the  centre  line  of  the 
Kenogami  River;    thence  southerly  along  that  centre  line  and  the  centre 
line  of  the  Nagagami  River  to  the  centre  line  of  the  Otasawian  River; 
thence  easterly  in  a  straight  line  to  the  intersection  with  the  centre  line  of 
the  waters  of  the  Kabinakagami  River  and  the  waters  of  the  Fox  River;    thence 
in  a  southeasterly  and  easterly  direction  along  the  centre  line  of  the  Fox  River 
to  the  intersection  with  the  northerly  boundary  of  the  geographic  Township  of 
Bannerman;    thence  in  an  easterly  direction  along  that  boundary  and  the 
northerly  boundary  of  the  geographic  Township  of  Ritchie  to  the  intersection 
with  the  centre  line  of  the  Pivabiska  River;    thence  in  a  northeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Missinaibi 
River;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Moose  River  on  the  south  side  of  Portage 
Island;    thence  in  a  northeasterly  direction  along  that  centre  line  lying  south 
of  Grey  Goose,   Nicoll  and  Mike  Islands  to  the  intersection  with  the  centre 
line  of  the  right  of  way  of  Ontario  Northland  Transportation  Commission; 
thence  in  a  southwesterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  Medicine  Creek;    thence  in  a  northeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Abitibi 
River;    thence  in  a  northeasterly  direction  along  that  centre  line  lying 
southerly  and  easterly  of  all  islands  to  the  intersection  with  the  centre  line  of 


1038 GAME  AND  FISH Reg.  428 

the  Moose  River;    thence  in  a  northeasterly  direction  along  that  centre  line 
lying  southerly  of  all  islands  including  Bushy,    Poplar,    Flats,    Pilgrim, 
Middleboro,   Horshoe  and  Ship  Sands  Islands  to  the  confluence  with  the  waters 
of  James  Bay;    thence  in  a  northwesterly  direction  along  the  water's  edge  of 
James  Bay  to  the  place  of  beginning. 


Part  26 


All  those  lands  in  the  Territorial  District  of  Cochrane  in  the  Province  of 
Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  Interprovincial  Boundary  between 
Ontario  and  Quebec  with  the  high-water  mark  of  James  Bay;    thence  in  a  south- 
westerly and  northwesterly  direction  along  that  high- water  mark  to  the  inter- 
section with  the  centre  line  of  the  Moose  River;    thence  in  a  southwesterly 
direction  along  that  centre  line  lying  southerly  of  all  islands,    including  Ship 
Sands,   Horshoe,    Middleboro,    Pilgrim,    Flats,    Poplar  and  Bushy  Islands,   to 
the  intersection  with  the  production  of  the  centre  line  of  the  Abitibi  River; 
thence  in  a  southwesterly  and  southeasterly  direction  along  that  production 
and  that  centre  line  lying  southerly  and  easterly  of  all  islands  to  the  inter- 
section with  the  centre  line  of  the  right   of  way  of  the  Ontario  Northland 
Transportation  Commission;    thence  southeasterly  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  the  Sucker  River;    thence  in  an  easterly 
and  southeasterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  Chin  River;    thence  in  a  northerly  and  northeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  southerly  boundary  of  the 
geographic  Township  of  Potter;    thence  easterly  along  the  southerly  boundary 
of  the  geographic  townships  of  Potter,    Sangster,    Bragg,   Newman  and 
Tomlinson  to  the  intersection  with  the  centre  line  of  the  Kabika  River;    thence 
in  a  northeasterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  Burntbush  River;    thence  in  a  northeasterly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  Riviere  Turgeon; 
thence  northerly  along  that  centre  line  to  the  intersection  with  the  Inter- 
provincial Boundary  between  Ontario  and  Quebec;    thence  northerly  along 
that  boundary  to  the  place  of  beginning. 


Part  27 


All  those  lands  in  the  Territorial  District  of  Cochrane  in  the  Province  of 
Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  Interprovincial  Boundary  between 
Ontario  and  Quebec  with  the  high- water  mark  on  the  southerly  shore  of  Lake 
Abitibi;    thence  in  a  westerly  and  northwesterly  direction  along  that  high-water 
mark  to  the  intersection  with  the  centre  line  of  the  Abitibi  River;    thence  in  a 
westerly,    southwesterly  and  northwesterly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  Meadow  Creek;    thence  in  a  south- 


Reg.  428  GAME  AND  FISH  1039 

westerly  direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.    577;    thence 
in  a  northerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    67;    thence  in  a  south- 
westerly direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  No.    11;    thence  in  a  northerly  and 
northwesterly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.    807; 
thence  in  a  northeasterly  and  northerly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  a  road  leading  through  the  geographic  town- 
^ips  of  Adanac  and  Menapia  to  Island  Falls;    thence  in  an  easterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  right   of 
way  of  the  Ontario  Northland  Transportation  Commission;    thence  in  a  south- 
easterly direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  the  Sucker  River;    thence  in  an  easterly  and  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Chin 
River;    thence  in  a  northerly  and  northeasterly  direction  along  that  centre  line 
to  the  intersection  with  the  southerly  boundary  of  the  geographic  Township  of 
Potter;    thence  easterly  along  the  southerly  boundary  of  the  geographic  town- 
ships of  Potter,    Sangster,    Bragg,    Newman  and  Tomlinson  to  the  intersection 
with  the  centre  line  of  the  Kabika  River;    thence  in  a  northeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Burntbush 
River;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Riviere  Turgeon;    thence  northeasterly 
along  that  centre  line  to  the  intersection  with  the  Interprovincial  Boundary 
between  Ontario  and  Quebec;    thence  southerly  along  that  boundary  to  the 
place  of  beginning. 


Part  28 


All  those  lands  in  the  territorial  districts  of  Cochrane  and  Timiskaming 
in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  Interprovincial  Boundary  between 
Ontario  and  Quebec  with  the  high- water  mark  along  the  southerly  shore  of 
Lake  Abitibi;    thence  in  a  westerly  and  northwesterly  direction  along  that 
high-water  mark  to  the  intersection  with  the  centre  line  of  the  Abitibi  River; 
thence  in  a  westerly  and  southwesterly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  the  Black  River;    thence  in  a  southeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
Watabeag  River;    thence  in  a  southerly  direction  along  the  centre  line  of  the 
Watabeag  River  and  Watabeag  Lake  to  the  intersection  with  the  northwesterly 
production  of  the  centre  line  of  the  North  Englehart  Management  Unit  Forest 
Access  Road  in  the  geographic  Township  of  Sheba;    thence  in  a  southeasterly 
direction  along  that  production  and  that  centre  line  to  the  intersection  with 
the  centre  line  of  the  Englehart  River;    thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  No.    66;    thence  in  a  westerly  and  southwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 


1040  GAME  AND  FISH  Reg.  428 

part  of  the  King's  Highway  known  as  No.    65;    thence  in  a  southwesterly  direc- 
tion along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  West 
Montreal  River;    thence  in  a  southerly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  the  Montreal  River;    thence  in  a  south- 
easterly direction  along  the  centre  line  of  the  Montreal  River  System  composed 
of  the  Montreal  River,   Elk  Lake,   Mountain  Lake  and  Bay  Lake  and  the  south- 
easterly production  of  that  centre  line  to  the  intersection  with  the  Interprovincial 
Boundary  between  Ontario  and  Quebec;    thence  in  a  northerly  direction  along 
that  boundary  to  the  place  of  beginning. 


Part  29 


All  those  lai^s  in  the  territorial  districts  of  Cochrane,    Sudbury  and 
Timiskaming  described  in  Parts  29A.   and  29 B. 

Part  29A. 

Beginning  at  the  northwesterly  corner  of  the  geographic  Township  of 
Deloro  in  the  Territorial  District  of  Cochrane;    thence  southerly  along  the 
westerly  boundary  of  that  geographic  township  to  the  northeasterly  corner  of 
the  geographic  Township  of  Price;    thence  westerly  along  the  northerly 
boundary  of  that  geographic  township  to  the  northwesterly  corner  thereof; 
thence  southerly  along  the  westerly  boundary  of  the  geographic  townships  of 
Price,   Fripp  and  Musgrove  to  the  southwesterly  corner  of  the  geographic 
Township  of  Musgrove;    thence  easterly  along  the  southerly  boundary  of  the 
geographic  Township  of  Musgrove  to  the  northwesterly  corner  of  the  geographic 
Township  of  Beemer  in  the  Territorial  District  of  Sudbury;    thence  southerly 
along  the  westerly  boundary  of  the  geographic  Township  of  Beemer  to  the 
southwesterly  corner  thereof;    thence  easterly  along  the  southerly  boundary  of 
the  geographic  Township  of  Beemer  to  the  northwesterly  corner  of  the 
geographic  Township  of  Semple;    thence  southerly  along  the  westerly 
boundary  of  that  geographic  township  to  the  southwesterly  corner  thereof; 
thence  easterly  along  the  southerly  boundary  of  the  geographic  townships  of 
Semple  and  Hutt  to  the  southeasterly  corner  of  the  geographic  Township  of 
Hutt;    thence  northerly  along  the  easterly  boundary  of  the  geographic  town- 
ships of  Hutt,    Zavitz  and  Geikie  to  the  southwesterly  corner  of  the  geographic 
Township  of  Fallon  in  the  Territorial  District  of  Timiskaming;    thence 
easterly  along  the  southerly  boundary  of  that  geographic  township  to  the  south- 
easterly corner  thereof;    thence  northerly  along  the  easterly  boundary  of  the 
geographic  townships  of  Fallon,    Langmuir  and  Carman  to  the  northeasterly 
corner  of  the  geographic  Township  of  Carman;    thence  westerly  along  the 
northerly  boundary  of  the  geographic  townships  of  Carman,    Shaw  and  Deloro 
to  the  place  of  beginning. 


Reg.  428  GAME  AND  FISH  1041 

Part  29B. 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    560  with  the  centre  line  of  the  right 
of  way  of  the  Canadian  National  Railway  Company  in  the  geographic  Townshio 
of  Westbrook;    thence  in  a  northwesterly  direction  along  the  centre  line  of  the 
Canadian  National  Railway  Company  to  the  intersection  with  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  No.    144;    thence  in  a  northerly  direc- 
tion along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.    101  in  the  geographic  Township  of  Bristol; 
thence  in  a  northeasterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  the  right  of  way  of  the  Ontario  Northland  Transportation 
Commission  in  the  geographic  Township  of  Whitney;    thence  in  a  northeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    11;    thence  in  a  northerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    67;    thence  in  a  northeasterly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  Secondary  Highway  No.    577;    thence  southerly  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  Meadow  Creek; 
thence  in  a  northeasterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  the  Abitibi  River;    thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Black 
River;    thence  in  a  southeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Watabeag  River;    thence  in  a  southerly 
direction  along  the  centre  line  of  the  Watabeag  River  and  Watabeag  Lake  to  the 
intersection  with  the  northwesterly  production  of  the  centre  line  of  the  North 
Englehart  Management  Unit  Forest  Access  Road  in  the  geographic  Township 
of  Sheba;    thence  in  a  southeasterly  direction  along  that  production  and  that 
centre  line  to  the  intersection  with  the  centre  line  of  the  Englehart  River; 
thence  in  a  southwesterly  and  southeasterly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  No.    66;    thence  in  a  westerly  and  southwesterly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    65;    thence  in  a  southwesterly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  the  West  Montreal  River;    thence 
in  a  northerly,   westerly,    southerly  and  southwesterly  direction  along  the 
centre  line  of  the  West  Montreal  River  System  composed  of  the  West  Montreal 
River,   Matachewan  Lake,   Mistinikon  Lake  and  Penassi  Lake  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
Secondary  Highway  No.    560;    thence  in  a  westerly  and  southwesterly  direction 
along  that  centre  line  to  the  place  of  beginning. 


1042 GAME  AND  FISH Reg.  428 

Saving  and  Excepting  therefrom: 

Beginning  at  the  northwesterly  corner  of  the  geographic  Township  of  Deloro 
in  the  Territorial  District  of  Cochrane;    thence  southerly  along  the  westerly 
boundary  of  that  geographic  township  to  the  northeasterly  corner  of  the  geo- 
graphic Township  of  Price;    thence  westerly  along  the  northerly  boundary  of 
that  geographic  township  to  the  northwesterly  corner  thereof;    thence  southerly 
along  the  westerly  boundary  of  the  geographic  townships  of  Price,    Fripp  and 
Musgrove  to  the  southwesterly  corner  of  the  geographic  Township  of  Musgrove; 
thence  easterly  along  the  southerly  boundary  of  the  geographic  Township  of 
Musgrove  to  the  northwesterly  comer  of  the  geographic  Township  of  Beemer 
in  the  Territorial  District  of  Sudbury;    thence  southerly  along  the  westerly 
boundary  of  the  geographic  Township  of  Beemer  to  the  southwesterly  corner 
thereof;    thence  easterly  along  the  southerly  boundary  of  the  geographic 
Township  of  Beemer  to  the  northwesterly  corner  of  the  geographic  Township 
of  Semple;    thence  southerly  along  the  westerly  boundary  of  that  geographic 
township  to  the  southwesterly  corner  thereof;    thence  easterly  along  the  south- 
erly boundary  of  the  geographic  townships  of  Semple  and  Hutt  to  the  south- 
easterly corner  of  the  geographic  Township  of  Hutt;    thence  northerly  along  the 
easterly  boundary  of  the  geographic  townships  of  Hutt,    Zavitz  and  Geikie  to  the 
southwesterly  corner  of  the  geographic  Township  of  Fallon  in  the  Territorial 
District  of  Timiskaming;    thence  easterly  along  the  southerly  boundary  of  that 
geographic  township  to  the  southeasterly  corner  thereof;    thence  northerly  along 
the  easterly  boundary  of  the  geographic  townships  of  Fallon,    Langmuir  and 
Carman  to  the  northeasterly  corner  of  the  geographic  Township  of  Carman; 
thence  westerly  along  the  northerly  boundary  of  the  geographic  townships  of 
Carman,    Shaw  and  Deloro  to  the  place  of  beginning. 


Part  30 


All  those  lands  in  the  territorial  districts  of  Algoma,    Cochrane,    Sudbury 
and  Timiskaming  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  with  the  centre  line  of  the  Kapuskasing 
River  in  the  geographic  Township  of  Kapuskasing;    thence  in  a  northerly  and 
northeasterly  direction  along  the  centre  line  of  the  Kapuskasing  River  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    11;    thence  in  a  southeasterly  and  southerly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  the  right  of  way  of  the  Ontario 
Northland  Transportation  Commission  in  the  geographic  Township  of  Clergue; 
thence  in  a  southwesterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    101  in  the 
geographic  Township  of  Whitney;    thence  in  a  westerly  and  southwesterly 


Reg.  428  GAME  AND  FISH 1043 

direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
right  of  way  of  the  Canadian  National  Railway  Company  in  the  geographic 
Township  of  Foleyet;    thence  in  a  northwesterly  direction  along  that  centre 
line  to  the  place  of  beginning. 


Part   31 

All  those  lands  in  the  territorial  districts  of  Algoma,  Cochrane,  Sudbury 
and  Timiskaming  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.  101  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.  144  in  the  geographic  Township  of  Bristol; 
thence  in  a  southerly  and  southwesterly  direction  along  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  No.  144  to  the  intersection 
with  the  centre  line  of  the  right  of  way  of  the  Canadian  National  Railway 
Company  in  the  geographic  Township  of  Jack;  thence  in  a  southerly  direc- 
tion along  that  centre  line  to  the  intersection  with  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.  560;  thence 
in  a  westerly  direction  along  that  centre  line  to  the  intersection  with 
the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.  144;   thence 
in  a  general  westerly  direction  along  a  road  known  locally  as  the  Ramsey 
Road  to  the  centre  line  of  the  right  of  way  of  the  Canadian  Pacific 
Limited;  thence  in  a  northwesterly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.  129;  thence  in  a  southwesterly  and  northerly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  the  Chapleau 
River;  thence  in  a  northeasterly  direction  along  the  centre  line  of  the 
Chapleau  River  System  composed  of  the  Chapleau  River,  Henderson  Lake, 
D'Arcy  Lake,  Schewabik  Lake  and  Kapuskasing  Lake  to  the  intersection  with 
the  centre  line  of  the  Kapuskasing  River;  thence  in  a  northeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  the  right  of  way  of  the  Canadian  National  Railway  Company;  thence  in 
a  southeasterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.  101; 
thence  in  an  easterly  and  northeasterly  direction  along  that  centre  line 
to  the  place  of  beginning. 


Part  32 


All  those  lands  in  the  territorial  districts  of  Algoma  and  Sudbury  in  the 
Province  of  Ontario  described  as  follows: 


1044  GAME  AND  FISH  Reg.  428 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  the  right  of  way  of  Canadian 
Pacific  Limited  in  the  geographic  Township  of  Vasiloff;    thence  in  an  easterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
right  of  way  of  the  Algoma  Central  Railway  at  the  Dispersed  Rural  Community 
of  Franz;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  the  right  of  way  of  the  Canadian  National 
Railway  Company  at  the  Dispersed  Rural  Community  of  Oba;    thence  in  a 
southeasterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  Kapuskasing  River;    thence  in  a  southwesterly  direction 
along  the  centre  line  of  the  Kapuskasing  River  System  composed  of  the 
Kapuskasing  River  and  Kapuskasing  Lake  to  the  intersection  with  the  centre 
line  of  the  Chapleau  River;    thence  in  a  southwesterly  direction  along  the 
centre  line  of  the  Chapleau  River  System  composed  of  the  Chapleau  River, 
Schewabik  Lake,   D'Arcy  Lake,   Henderson  Lake  and  Chapleau  Lake  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    129;    thence  in  a  southerly  and  southwesterly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    101;    thence  in  a  northwesterly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  the  Michipicoten  River;    thence  in 
a  westerly  direction  along  that  centre  line  to  the  intersection  with  the  high- 
water  mark  on  the  easterly  shore  of  Lake  Superior;    thence  in  a  northerly 
and  westerly  direction  along  that  high- water  mark  to  the  intersection  with  the 
southerly  production  of  the  centre  line  of  the  right  of  way  of  the  Algoma 
Central  Railway  in  Michipicoten  Bay;    thence  in  a  northerly  and  northeasterly 
direction  along  that  production  and  centre  line  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    17;    thence  in  a 
northwesterly  direction  along  that  centre  line  to  the  place  of  beginning. 


Part  33 


All  those  lands  in  the  territorial  districts  of  Algoma  and  Thunder  Bay  in 
the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of 
Canadian  Pacific  Limited  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  in  the  geographic  Township  of  Vasiloff;    thence  in 
a  southerly  direction  along  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    17  to  the  intersection  with  the  centre  line  of  the  right  of  way  of 
the  Algoma  Central  Railway  in  the  geographic  Township  of  Lend  rum;    thence 
in  a  southwesterly  direction  along  that  centre  line  and  the  southerly  production 
of  that  centre  line  to  the  intersection  with  the  high- water  mark  on  the  northerly 
shore  of  Lake  Superior  in  Michipicoten  Bay;    thence  in  an  easterly  and 
southerly  direction  along  that  high- water  mark  to  the  intersection  with  the 
centre  line  of  the  Michipicoten  River;    thence  in  a  southwesterly  direction  along 
the  production  of  that  centre  line  to  the  intersection  with  the  International 
Boundary  between  Canada  and  the  United  States  of  America;    thence  in  a  north- 
westerly direction  along  that  boundary  to  the  intersection  with  the  southwesterly 
production  of  the  centre  line  of  the  White  River;    thence  in  a  northeasterly 


Reg.  428  GAME  AND  FISH  1045 

and  easterly  direction  along  that  production  and  that  centre  line  to  the  inter- 
section with  the  centre  line  of  White  Lake;    thence  in  a  northerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  No.    17;    thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  place  of  beginning. 


Part  34 


All  those  lands  in  the  Territorial  District  of  Algoma  in  the  Province  of 
Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Michipicoten  River 
with  the  centre  line  of  the  right  of  way  of  the  Algoma  Central  Railway;    thence 
southerly  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
right  of  way  of  the  Great  Lakes  Power  Corporation  Limited  in  the  geographic 
Township  of  Larson;    thence  in  a  southerly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  the  right  of  way  of  the  Algoma  Central 
Railway  in  the  geographic  Township  of  Home;    thence  in  a  southerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Montreal 
River;    thence  in  a  westerly  direction  along  that  centre  line  to  the  water's 
edge  of  Lake  Superior;    thence  west  astronon^ically  to  the  International 
Boundary  between  Canada  and  the  United  States  of  America;    thence  in  a  north- 
easterly direction  to  the  intersection  with  the  centre  line  of  the  Michipicoten 
River;    thence  easterly  along  that  centre  line  to  the  place  of  beginning. 


Part  35 


All  those  lands  in  the  territorial  districts  of  Algoina  and  Sudbury  in  the 
Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    101  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    129  in  the  geographic  Township  of  Chappise;    thence 
in  a  southeasterly  and  southerly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  Ranger  Lake  Road  in  the  geographic 
Township  of  Villeneuve;    thence  in  a  westerly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  a  road  known  locally  as  Hult  Road 
in  the  geographic  Township  of  Whitman;    thence  in  a  westerly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  the  right  of  way  of 
the  Algoma  Central  Railway;    thence  in  a  northerly  and  northwesterly  direc- 
tion along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  right 
of  way  of  the  Great  Lakes  Power  Corporation  Limited  in  the  geographic 
Township  of  Home;    thence  in  a  northerly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  the  right  of  way  of  the  Algoma  Central 
Railway;    thence  in  a  northerly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Michipicoten  River;    thence  in  a  north- 
easterly direction  along  that  centre  line  to  the  intersection  with  the  centre  line 


1046 GAME  AND  FISH Reg.  428 

of  that  part  of  the  King's  Highway  known  as  No.    101;    thence  in  a  south- 
easterly direction  along  that  centre  line  to  the  place  of  beginning. 


Part  36 


All  those  lands  in  the  Territorial  District  of  Algoma  in  the  Province  of 
Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Montreal  River 
with  the  centre  line  of  the  right  of  way  of  the  Algonna  Central  Railway; 
thence  in  a  southeasterly  and  southerly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  a  road  known  locally  as  Hult  Road  in  the 
geographic  Township  of  Hodgins;    thence  in  an  easterly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  Ranger  Lake  Road  in  the 
geographic  Township  of  Whitman;    thence  in  a  northeasterly  and  southerly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.,   129;    thence  in  a  southerly  and  south- 
westerly direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    17;    thence  in  a  south- 
westerly direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  the  Thessalon  River;    thence  in  a  southerly  direction  along  that  centre  line 
to  the  intersection  with  the  high- water  mark  on  the  northerly  shore  of  the  North 
Channel  of  Lake  Huron;    thence  in  a  southerly  direction  along  that  high- water 
mark  to  the  most  southerly  extremity  of  Thessalon  Point;    thence  south  astro- 
nomically to  the  intersection  with  the  International  Boundary  between  Canada 
and  the  United  States  of  America;    thence  in  a  westerly  direction  along  that 
boundary  to  the  intersection  with  the  easterly  boundary  of  the  Township  of 
Hilton;    thence  in  a  northerly  and  northwesterly  direction  along  that  boundary 
to  the  intersection  with  the  northeasterly  boundary  of  the  Township  of 
St.    Joseph;    thence  in  a  northwesterly  and  westerly  direction  along  that 
boundary  to  the  intersection  with  the  International  Boundary  between  Canada 
and  the  United  States  of  America;    thence  in  a  northerly  direction  along  that 
boundary  to  the  intersection  with  the  westerly  production  of  the  centre  line  of 
the  Montreal  River;    thence  easterly  along  that  production  and  that  centre  line 
to  the  place  of  beginning. 


Part  37 


All  those  lands  in  the  Territorial  District  of  Algoma  in  the  Province  of 
Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    129;    thence  in  a  northerly  and  northeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Mississagi 
River  in  the  geographic  Township  of  Rollins;    thence  in  an  easterly  and  south- 
erly direction  along  that  centre  line  to  the  intersection  with  the  high- water 


Reg.  428 GAME  AND  FISH 1047 

mark  of  Aubrey  Lake;    thence  in  a  southerly,    easterly  and  northerly  direction 
along  that  high- water  mark  on  the  westerly,    southerly  and  easterly  shore  of 
that  lake  to  the  intersection  with  the  high- water  mark  on  the  westerly  shore  of 
Rocky  Island  Lake;    thence  in  a  southerly,    easterly  and  northerly  direction 
along  that  high- water  mark  on  the  westerly,    southerly  and  easterly  shore  of 
that  lake  to  the  intersection  with  the  northerly  boundary  of  the  geographic 
Township  of  Winkler;    thence  easterly  and  southerly  along  the  northerly  and 
easterly  boundaries  of  that  geographic  township  to  the  intersection  with  the 
centre  line  of  Kindiogami  Lake;    thence  in  an  easterly  and  southerly  direction 
along  that  centre  line  and  the  centre  line  of  the  Kindiogami  River  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
Secondary  Highway  No.    546;    thence  in  a  southerly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  Secondary  Highway  No.    639;    thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Serpent 
River;    thence  in  a  southeasterly  direction  along  the  centre  line  of  the  Serpent 
River  System  composed  of  the  Serpent  River,    Quirke  Lake,   Nook  Lake,   Kindle 
Lake  and  Whiskey  Lake  to  the  intersection  with  the  northerly  boundary  of  the 
geographic  Township  of  Gaiashk;    thence  easterly  along  the  northerly  boundary 
of  the  geographic  townships  of  Gaiashk,   Gerow,    Boon,    Shibananing  and  Dunlop 
to  the  intersection  with  the  centre  line  of  the  Spanish  River;    thence  in  a 
southerly  and  easterly  direction  along  the  centre  line  of  the  Spanish  River 
System  composed  of  the  Spanish  River  and  Agnew  Lake  to  the  intersection  with 
the  easterly  boundary  of  the  geographic  Township  of  Shakespeare;    thence 
southerly  along  that  boundary  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    17;    thence  in  a  westerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  Serpent 
River;    thence  in  a  westerly  direction  along  that  centre  line  tc  the  intersection 
with  the  high-water  miark  on  the  northerly  shore  of  the  North  Channel  of  Lake 
Huron;    thence  in  a  southwesterly  direction  along  that  high- water  mark  on  the 
westerly  shore  of  Serpent  River  Indian  Reserve  No.   7  to  the  most  south- 
westerly extremity  of  Long  Point;    thence  south  astronomically  to  the  inter- 
section with  the  Territorial  District  boundary  between  Algoma  and 
Manitoulin;    thence  westerly  along  that  boundary  to  the  intersection  ^vith  the 
International  Boundary  between  Canada  and  the  United  States  of  America; 
thence  in  a  northwesterly  direction  along  that  boundary  to  the  intersection 
with  a  straight  line  drawn  south  astronomically  from  the  most  southerly 
extremity  of  Thessalon  Point;    thence  northerly  along  that  straight  line  to  the 
intersection  with  the  high- water  mark  on  the  north  shore  of  the  North  Channel 
of  Lake  Huron;    thence  in  a  northerly  direction  along  that  high- water  mark  to 
the  intersection  with  the  centre  line  of  the  Thessalon  River;    thence  in  a 
northerly  direction  along  that  centre  line  .to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    17;    thence  in  a  north- 
easterly direction  along  that  centre  line  to  the  place  of  beginning. 

Part  38 

All  those  lands  in  the  territorial  districts  of  Algoma  and  Sudbury  described 
in  Parts  38A.   and  38B. 


1048  GAME  AND  FISH  Reg.  428 

Part  38A. 

Beginning  at  the  intersection  of  the  centre  line  of  the  Serpent  River 
System  with  the  westerly  boundary  of  the  geographic  Township  of  Lehman; 
thence  northerly  along  that  westerly  boundary  and  the  westerly  boundaries  of 
the  geographic  townships  of  Poncet,    Plourde,    Lefebvre  and  Fontaine  to  the 
northwesterly  corner  of  the  geographic  Township  of  Fontaine;    thence  easterly 
along  the  northerly  boundary  of  that  township  and  the  northerly  boundary  of 
the  geographic  Township  of  Foucault  to  the  northeast  corner  thereof;    thence 
in  a  southerly  direction  along  the  easterly  boundary  of  that  township  and  the 
easterly  boundary  of  the  geographic  Township  of  Monestime  to  the  north- 
westerly corner  of  the  geographic  Township  of  Redden;    thence  easterly  along 
the  northerly  boundary  of  that  township  to  the  northeasterly  corner  thereof; 
thence  southerly  along  the  easterly  boundary  of  the  geographic  townships  of 
Redden,    Strain  and  Mandamin  to  the  southeasterly  corner  thereof;    thence 
westerly  along  the  southerly  boundary  of  the  geographic  townships  of  Mandamin, 
Lockeyer  and  Lehman  to  the  intersection  with  the  centre  line  of  Whiskey  Lake 
of  the  Serpent  River  Systern;    thence  in  a  northwesterly  direction  along  the 
centre  line  of  the  Serpent  River  System  composed  of  Whiskey  Lake,    Kindle 
Lake  and  the  Serpent  River  to  the  place  of  beginning. 

Part    38B 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.  129  with  the  centre  line  of  the  right  of  way 
of  Canadian  Pacific  Limited  in  the  geographic  Township  of  Gallagher;  thence 
in  a  southeasterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  a  road  known  locally  as  the  Ramsey  Road;  thence  in 
a  general  easterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.  144; 
thence  in  a  southerly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  the  Eastsand  Creek;  thence  in  a  southwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  the  East  Spanish  River  System;  thence  in  a  southerly  direction  along 
that  centre  line  flowing  through  Eleventh  Lake,  Duke  Lake,  Tenth  Lake, 
Ninth  Lake,  Eighth  Lake,  Seventh  Lake,  Sixth  Lake,  Fifth  Lake,  Fourth 
Lake,  Third  Lake,  Second  Lake,  First  Lake  and  Expanse  Lake  to  the  inter- 
section with  the  centre  line  of  the  Spanish  River;  thence  in  a  southerly 
direction  along  the  Spanish  River  System  composed  of  the  Spanish  River, 
Spanish  Lake,  The  Elbow,  Graveyard  Rapids  and  Boswell  Rapids  to  the  inter- 
section with  the  northerly  boundary  of  the  geographic  Township  of  Dunlop; 
thence  westerly  along  the  northerly  boundary  of  the  geographic  townships 
of  Dxinlop  and  Shibananing  to  the  southeasterly  corner  of  the  geographic 
Township  of  Mandamin;  thence  northerly  along  the  easterly  boundary  of  the 
geographic  townships  of  Mandamin  and  Strain  to  the  northeasterly  corner 
of  the  geographic  Township  of  Strain;  thence  westerly  along  the  northerly 
boundary  of  the  geographic  Township  of  Strain  to  the  southeasterly  corner 
of  the  geographic  Township  of  Reddin;  thence  northerly  along  the  easterly 
boundary  of  the  geographic  Township  of  Reddin  to  the  northeasterly  corner 
thereof;  thence  westerly  along  the  northerly  boundary  of  the  geographic 
Township  of  Reddin  to  the  southeasterly  corner  of  the  geographic  Township 
of  Monestime;  thence  northerly  along  the  easterly  boundary  of  the 
geographic  townships  of  Monestime  and  Foucault  to  the  northeasterly 
comer  of  the  geographic  Township  of  Foucault;  thence  westerly  along  the 
northerly  boundary  of  the  geographic  townships  of  Foucault  and  Fontaine 


M 


Reg.  428  GAME  AND  FISH  1049 

to  the  northwesterly  corner  of  the  geographic  Tovmship  of  Fontaine; 
thence  southerly  along  the  westerly  boundary  of  the  geographic  Township 
of  Fontaine  to  the  southwesterly  corner  thereof;  thence  easterly  along 
the  southerly  boundary  of  the  geographic  Township  of  Fontaine  to  the 
northwesterly  corner  of  the  geographic  Township  of  Lefebvre;  thence 
southerly  along  the  westerly  boundary  of  the  geographic  townships  of 
Lefebvre,  Plourde,  Ponce t  and  Lehman  to  the  intersection  with  the  centre 
line  of  the  Serpent  River  System;  thence  in  a  northwesterly  direction 
along  the  centre  line  of  the  Serpent  River  System  composed  of  Nook  Lake 
and  Quirke  Lake  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  Secondary  Highway  No.  639;  thence  in  a  north- 
westerly and  northerly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  Secondary  Highway  No.  546;  thence  in  a  northerly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  the 
Kindiogami  River  in  the  geographic  Township  of  Sagard;  thence  in  a 
northwesterly  and  westerly  direction  along  the  centre  line  of  the 
Kindiogami  River  System  composed  of  the  Kindiogami  River,  Distant  Lake 
and  Kindiogami  Lake  to  the  intersection  with  the  easterly  boundary  of 
the  geographic  Township  of  Winkler;  thence  northerly  and  westerly  along 
the  easterly  and  northerly  boundaries  of  that  geographic  township  to  the 
intersection  with  the  high-water  mark  on  the  southerly  shore  of  Rocky 
Island  Lake;  thence  in  a  westerly  direction  along  that  high-water  mark 
to  the  intersection  with  the  high-water  mark  of  Aubrey  Lake;  thence  in 
a  southerly,  westerly  and  northerly  direction  along  that  high-water  mark 
on  the  easterly,  southerly  and  westerly  shore  of  that  lake  to  the  inter- 
section with  the  centre  line  of  the  Mississagi  River;  thence  in  a 
westerly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.  129;  thence 
in  a  northerly  direction  along  that  centre  line  to  the  place  of  beginning. 


Part  39 


All  those  lands  in  the  Territorial  District  of  Sudbury  in  the  Province  of 
Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    17;    thence  in  a  southwesterly  direction  along 
that  centre  line  to  the  intersection  with  the  easterly  boundary  of  the  geographic 
Township  of  Shakespeare;    thence  northerly  along  that  boundary  to  the  inter- 
Bection  with  the  centre  line  of  Agnew  Lake;    thence  in  a  westerly  and  northerly 
direction  along  the  centre  line  of  the  Spanish  River  System  composed  of  Agnew 
Lake,    the  Spanish  River,    Boswell  Rapids,    Graveyard  Rapids,    The  Elbow  and 
Spanish  Lake  to  the  intersection  with  the  centre  line  of  the  East  Spanish  River; 
thence  in  a  northerly  direction  along  the  centre  line  of  the  East  Spanish  River 
System  composed  of  the  East  %)anish  River,   Expanse  Lake,    First  Lake, 
Second  Lake,   Third  Lake,    Fourth  Lake,    Fifth  Lake,    Sixth  Lake,    Seventh  Lake, 
Eighth  Lake,   Ninth  Lake,    Tenth  Lake,   Dvike  Lake  and  Eleventh  Lake  to  the 
intersection  with  the  centre  line  of  Eastsand  Creek;    thence  in  a  northeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    144;    thence  in  a  northerly  direction 


1050 GAME  AND  FISH Reg.  428 

along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  Secondary  Highway  No.    560;    thence  in  an 
easterly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  the  right  of  way  of  the  Canadian  National  Railway  Company;    thence  in 
a  southeasterly  direction  along  that  centre  line  to  the  place  of  beginning. 


Part  40 


All  those  lands  in  the  territorial  districts  of  Nipissing,    Sudbury  and 
Timiskaming  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  Secondary  Highway  No.    560  in  the  geographic 
Township  of  Westbrook;    thence  in  a  northeasterly  direction  along  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  Secondary  Highway  No.    560 
to  the  intersection  with  the  centre  line  of  the  West  Montreal  River;    thence  in 
a  northeasterly,   northerly,    easterly  and  southerly  direction  along  the  centre 
line  of  the  West  Montreal  River  System  composed  of  Duncan  Lake,   the  West 
Montreal  River,    Penassi  Lake,    Mistinikon  Lake,    Matachewan  Lake  and  Lower 
Matachewan  Lake  to  the  intersection  with  the  centre  line  of  the  Montreal 
River;    thence  in  a  southeasterly  direction  along  the  centre  line  of  the  Montreal 
River  System  composed  of  the  Montreal  River,    Elk  Lake,    Mountain  Lake  and 
Bay  Lake  to  the  intersection  with  the  Interprovincial  Boundary  between  Ontario 
and  Quebec;    thence  in  a  southeasterly  direction  along  that  boundary  to  the 
intersection  with  the  northeasterly  production  of  the  centre  line  of  Ottertail 
Creek;    thence  in  a  southwesterly  direction  along  that  production  and  that 
centre  line  composed  of  Ottertail  Creek,    Otter  Lake  and  a  stream  flowing  into 
Otter  Lake,   to  the  intersection  with  the  northerly  boundary  of  the  geographic 
Township  of  Hammell;    thence  westerly  along  the  northerly  boundary  of  the 
geographic  townships  of  Hammell  and  Gladman  to  the  intersection  with  the 
centre  line  of  Marten  Lake;    thence  westerly  and  northerly  along  the  centre 
line  of  lakes  and  connecting  waterways  composed  of  Marten  Lake,   the  Marten 
River,    Red  Cedar  Lake,   the  Temagami  River,    Cross  Lake,   Outlet  Bay, 
Lake  Temagami,   Northwest  Arm  and  Obabika  Inlet  to  the  intersection  with 
the  high- water  mark  at  the  most  westerly  extremiity  of  Obabika  Inlet; 
thence  west  astronomically  to  the  intersection  with  the  centre  line  of 
Obabika  Lake;    thence  in  a  southerly  and  westerly  direction  along  that  centre 
line  and  the  production  of  that  centre  line  to  the  intersection  with  the  centre 
line  of  Wawiagama  Lake;    thence  southwesterly  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  Wawiagama  Creek;    thence  in  a  south- 
westerly direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  the  Obabika  River;    thence  in  a  southwesterly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  the  Sturgeon  River; 
thence  in  a  northwesterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  Oshawatagan  Creek;    thence  in  a  westerly  direction 
along  that  centre  line  to  the  intersection  with  the  easterly  boundary  of  the 
geographic  Township  of  Stull;    thence  westerly  along  a  straight  line  to  the 
intersection  with  the  centre  line  of  Silvester  Creek;    thence  in  a  southerly 


Reg.  428  GAME  AND  FISH  1051 

and  westerly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  Wanapitei  River;    thence  in  a  southwesterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  the  right  of 
way  of  the  Canadian  National  Railway  Company;    thence  in  a  northwesterly 
direction  along  that  centre  line  to  the  place  of  beginning. 


Part  41 


All  those  lands  in  the  territorial  districts  of  Nipissing  and  Sudbury  in 
the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    17  at  the  Town  of  Coniston;    thence  in  an 
easterly  direction  along  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    17  and  the  northeasterly  production  of  that  centre  line  to  the 
intersection  with  the  Interprovincial  Boundary  between  Ontario  and  Quebec; 
thence  in  a  northwesterly  direction  along  that  boundary  to  the  intersection 
with  the  northeasterly  production  of  the  centre  line  of  Ottertail  Creek; 
thence  in  a  southwesterly  direction  along  that  production  and  centre  line 
composed  of  Ottertail  Creek,    Otter  Lake  and  a  stream  flowing  into  Otter 
Lake,   to  the  intersection  with  the  northerly  boundary  of  the  geographic 
Township  of  Hammell;    thence  westerly  along  the  northerly  boundary  of  the 
geographic  townships  of  Hammell  and  Gladman  to  the  intersection  with  the 
centre  line  of  Marten  Lake;    thence  westerly  and  northerly  along  the  centre 
line  of  lakes  and  connecting  waterways  composed  of  Marten  Lake,   the  Marten 
River,    Red  Cedar  Lake,   the  Temagami  River,    Cross  Lake,   Outlet  Bay,    Lake 
Tennagami,   Northwest  Arm  and  Obabika  Inlet,    to  the  intersection  with  the 
high- water  mark  at  the  most  westerly  extremity  of  Obabika  Inlet;    thence 
west  astronomically  to  the  intersection  with  the  centre  line  of  Obabika  Lake; 
thence  in  a  southerly  and  westerly  direction  along  that  centre  line  and  the 
production  of  that  centre  line  to  the  intersection  with  the  centre  line  of 
Wawiagama  Lake;    thence  southwesterly  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  Wswiagama  Creek;    thence  in  a  southwesterly 
direction  along  that  centre  l..ne  to  the  intersection  with  the  centre  line  of 
the  Obabika  River;    thence  in  a  southwesterly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  the  Sturgeon  River;    thence  in  a 
northwesterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  Oshawatagan  Creek;    thence  in  a  westerly  direction  along  that 
centre  line  to  the  intersection  with  the  easterly  boundary  of  the  geographic 
Township  of  StuU;    thence  westerly  along  a  straight  line  to  the  intersection 
with  the  centre  line  of  Silvester  Creek;    thence  in  a  southerly  and  westerly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
Wanapitei  River;    thence  in  a  southwesterly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  the  right  of  way  of  the  Canadian 
National  Railway  Company;    thence  in  a  southeasterly  direction  along  that 
centre  line  to  the  place  of  beginning. 


1052 GAME  AND  FISH Reg.  428 

Part  42 


All  those  lands  in  the  territorial  districts  of  Algoma,   Manitoulin, 
Nipissing  and  Sudbury  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  with  the  centre  line  of  the  Serpent  River;    thence 
in  a  westerly  direction  along  the  centre  line  of  the  Serpent  River  to  the  inter- 
section with  the  high- water  mark  on  the  North  Channel  of  Lake  Huron;    thence 
in  a  southwesterly  direction  along  that  high- water  mark  on  the  westerly 
boundary  of  the  Serpent  River  Indian  Reserve  No.    7  to  the  most  southwesterly 
extremity  of  Long  Point;    thence  south  astronomically  to  the  intersection  with 
the  Territorial  District  Boundary  between  Algoma  and  Manitoulin;    thence  in 
an  easterly  direction  along  that  boundary  to  the  intersection  with  the  high- 
water  mark  on  the  northerly  shore  of  the  North  Channel  of  Lake  Huron  at  the 
southwesterly  corner  of  the  geographic  Township  of  Harrow;    thence  in  an 
easterly  direction  along  that  high- water  mark  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    68;    thence  in  a 
southerly  direction  along  that  centre  line  to  the  intersection  with  the  northerly 
boundary  of  Whitefish  Indian  Reserve  No.    4;    thence  in  an  easterly  direction 
along  that  boundary  to  the  intersection  with  the  high- water  mark  of  Iroquois 
Bay;    thence  in  a  northerly,    easterly,    southeasterly  and  southwesterly  direction 
along  the  high- water  mark  of  Iroquois  Bay,    East  Channel,    McGregor  Bay, 
Narrow  Bay,   Frazer  Bay  and  Killarney  Bay  to  the  intersection  with  a  straight 
line  drawn  north  astronomically  from  the  most  westerly  extremity  of  Phillip 
Edward  Island;    thence  in  a  southerly  direction  along  that  straight  line  to  the 
intersection  with  the  high- water  mark  on  the  westerly  shore  of  Phillip  Edward 
Island;    thence  in  a  southerly  and  easterly  direction  along  that  high- water  mark 
to  the  most  southeasterly  extremity  of  Phillip  Edward  Island;    thence  east 
astronomiically  to  the  intersection  with  the  high-water  mark  on  the  north  shore 
of  Georgian  Bay;    thence  in  an  easterly  direction  along  that  high- water  mark 
to  the  intersection  with  the  centre  line  of  Fort  Channel  of  the  French  River; 
thence  in  a  northeasterly  and  easterly  direction  along  that  centre  line  and  the 
centre  line  of  the  Main  Channel  of  the  French  River  to  the  confluence  with  the 
waters  of  Lake  Nipissing;    thence  in  an  easterly  direction  along  the  water's 
edge  on  the  southerly  and  easterly  shore  of  Lake  Nipissing  to  the  intersection 
with  the  southerly  boundary  of  the  City  of  North  Bay;    thence  in  an  easterly 
and  northerly  direction  along  the  southerly  and  easterly  boundary  of  the  City 
of  North  Bay  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17;    thence  in  a  westerly  direction  along  that  centre 
line  to  the  place  of  beginning. 


Part  43 

All  those  lands  in  the  Territorial  District  of  Manitoulin  in  the  Province  of 
Ontario  described  as  follows: 


Reg.  428  GAME  AND  FISH  1053 

Beginning  at  a  point  in  the  Territorial  District  Boundary  between  Algoma 
and  Manitoulin  distant  20  kilometers  measured  easterly  along  that  boundary 
from  its  intersection  with  the  International  Boundary  between  Canada  and  the 
United  States  of  America  opposite  Drummond  Island;    thence  in  an  easterly 
direction  along  that  Territorial  District  Boundary  to  the  intersection  with  the 
high- water  mark  on  the  northerly  shore  of  the  North  Channel  of  Lake  Huron 
at  the  southwest  comer  of  the  geographic  Township  of  Harrow;    thence  in  an 
easterly  direction  along  that  high- water  mark  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    68;    thence  in  a 
southerly  direction  along  that  centre  line  to  the  intersection  with  the  northerly 
boundary  of  Whitefish  Indian  Reserve  No.   4;    thence  in  an  easterly  direction 
along  that  boundary  to  the  intersection  with  the  high- water  mark  of  Iroquois 
Bay;    thence  in  a  northerly,    easterly,    southeasterly  and  southwesterly  direc- 
tion along  the  high- water  mark  of  Iroquois  Bay,    East  Channel,    McGregor 
Bay,   Narrow  Bay,    Frazer  Bay  and  Killarney  Bay  to  the  intersection  with  a 
straight  line  drawn  north  astronomically  from  the  most  westerly  extremity  of 
Phillip  Edward  Island;    thence  in  a  southerly  direction  along  that  straight  line 
to  the  intersection  with  the  high- water  mark  on  the  westerly  shore  of  Phillip 
Edward  Island;    thence  in  a  southerly  and  easterly  direction  along  that  high- 
water  mark  to  the  most  southeasterly  extremity  of  Phillip  Edward  Island; 
thence  east  astronomically  to  the  intersection  with  the  high- water  mark  on  the 
north  shore  of  Georgian  Bay;    thence  in  an  easterly  direction  along  that  high- 
water  mark  to  the  intersection  with  the  centre  line  of  Fort  Channel  of  the 
French  River;    thence  in  a  southwesterly  direction  along  that  centre  line  to 
the  confluence  with  the  waters  of  Georgian  Bay;    thence  in  a  southerly  direction 
along  a  line  drawn  south  astronomically  from  the  confluence  of  the  waters  of 
Fort  Channel  of  the  French  River  with  the  waters  of  Georgian  Bay  to  the 
intersection  with  a  line  drawn  east  astronomically  from  the  most  southerly 
extrernity  of  Lucas  Island;    thence  in  a  westerly  direction  along  that  line  to 
the  intersection  with  the  most  southerly  extrernity  of  Lucas  Island;    thence 
continuing  in  a  westerly  direction  along  a  line  drawn  west  astronomically  from 
the  most  southerly  extremity  of  Lucas  Island  to  the  International  Boundary 
between  Canada  and  the  United  States  of  America;    thence  in  a  northwesterly 
direction  along  that  boundary  to  the  intersection  with  a  line  drawn  south  32° 
west  astronomically  from  the  place  of  beginning;    thence  north  32°  east  astro- 
nomically to  the  confluence  of  the  waters  of  Lake  Huron  with  the  waters  of 
Mississagi  Strait;    thence  in  a  northeasterly  direction  along  the  centre  line  of 
Mississagi  Strait  to  the  confluence  with  the  waters  of  the  North  Channel;    thence 
north  32°  east  astronomically  through  the  North  Channel  to  the  place  of 
beginning. 


Part  44 


All  those  lands  in  the  Territorial  District  of  Manitoulin  in  the  Province 
of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  International  Boundary  between  Canada 
and  the  United  States  of  America  with  the  Territorial  District  Boundary  between 
Algoma  and  Manitoulin  opposite  Drummond  Island;    thence  in  an  easterly 


10S4  GAME  AND  FISH  Reg.  428 

direction  along  that  boundary  a  distance  of  20  kilometers;    thence  south  32° 
west  astronomically  through  the  waters  of  the  North  Channel  to  the  confluence 
of  those  waters  with  the  waters  of  Mississagi  Strait;    thence  southwesterly 
along  the  centre  line  of  Mississagi  Strait  to  the  confluence  with  the  waters  of 
Lake  Huron;    thence  continuing  south  32°  west  astronomically  to  the  inter- 
section with  the  International  Boundary  between  Canada  and  the  United  States 
of  America;    thence  in  a  northwesterly  and  northeasterly  direction  along  that 
boundary  to  the  place  of  beginning. 


Part  45 


All  those  lands  in  the  Territorial  District  of  Algoma  in  the  Province  of 
Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  International  Boundary  between  Canada 
and  the  United  States  of  America  with  the  easterly  boundary  of  the  Township  of 
Hilton;    thence  in  a  northerly  and  northwesterly  direction  along  that  boundary 
to  the  intersection  with  the  northeasterly  boundary  of  the  Township  of 
St.   Joseph;    thence  in  a  northwesterly  and  westerly  direction  along  that 
boundary  to  the  intersection  with  the  International  Boundary  between  Canada 
and  the  United  States  of  America;    thence  in  a  southeasterly  and  easterly 
direction  along  that  centre  line  to  the  place  of  beginning. 

Part  46 


All  those  lands  in  the  Territorial  District  of  Parry  Sound  and  The  District 
Municipality  of  Muskoka  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Main  Channel  of  the 
French  River  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    69;    thence  southeasterly  along  the  centre  line  of  that  highway  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No. 
169;    thence  in  a  southeasterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    11  at 
Gravenhurst;    thence  southerly  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  the  Severn  River;    thence  westerly,   northerly,   northwesterly  and 
southwesterly  along  that  centre  line  to  the  centre  line  of  Gloucester  Pool; 
thence  continuing  southwesterly  along  the  centre  line  of  Gloucester  Pool  and 
Little  Lake  to  the  intersection  with  the  centre  line  of  Midland  Bay;    thence  in  a 
northwesterly  direction  along  that  centre  line  to  the  confluence  with  the  waters 
of  Georgian  Bay;    thence  northwesterly  in  a  straight  line  to  the  intersection  with 
the  most  northerly  extremity  of  Giant's  Tomb  Island;    thence  in  a  northwesterly 
direction  along  a  straight  line  to  the  intersection  of  a  line  drawn  east  astro- 
nomically from  the  most  southerly  extremity  of  Lucas  Island  with  a  line  drawn 
south  astronomically  from  the  confluence  of  the  Fort  Channel  of  the  French 
River  with  the  waters  of  Georgian  Bay;    thence  in  a  northerly  direction  along 
that  projected  line  to  the  intersection  with  the  centre  line  of  the  Fort  Channel 


Reg.  428  GAME  AND  FISH  1055 

of  the  French  River;  thence  in  a  northeasterly  and  easterly  direction  along 
that  centre  line  and  the  centre  line  of  the  Main  Channel  of  the  French  River 
to  the  place  of  beginning. 

Saving  and  excepting  that  part  of  the  Township  of  Muskoka  Lakes,    formerly 
the  Township  of  Medora,    in  The  District  Municipality  of  Muskoka  lying 
easterly  of  the  centre  line  of  the  right  of  way  of  the  Canadian  National  Railway 
Company  and  westerly  of  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    169,   and  saving  and  excepting  that  part  of  the  Township  of 
Muskoka  Lakes  and  the  Town  of  Gravenhurst,   formerly  the  Township  of  Wood, 
lying  southerly  of  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    169,    easterly  of  the  centre  line  of  the  right  of  way  of  the  Canadian  National 
Railway  Company  and  northerly  of  the  line  between  concessions  XV  and  XVI  in 
the  said  Township  of  Wood. 


Part  47 


All  those  lands  in  the  territorial  districts  of  Nipissing  and  Parry  Sound  in 
the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    69  with  the  centre  line  of  the  Main  Channel  of  the 
French  River;    thence  in  a  northeasterly  direction  along  the  centre  line  of  that 
river  to  the  confluence  with  the  waters  of  Lake  Nipissing;    thence  in  an  easterly 
and  northerly  direction  along  the  water's  edge  on  the  southerly  and  easterly 
shore  of  Lake  Nipissing  to  the  intersection  with  the  southerly  boundary  of  the 
City  of  North  Bay;    thence  in  an  easterly  and  northerly  direction  along  the 
southerly  and  easterly  boundary  of  the  City  of  North  Bay  to  the  intersection 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    11;    thence 
in  a  southerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    124;    thence  in  a  south- 
westerly direction  along  that  centre  line  to  the  intersection  with  the  northerly 
bank  of  the  Magnetawan  River;    thence  continuing  in  a  westerly  direction  along 
the  northerly  bank  of  the  north  branch  of  the  Magnetawan  River  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    69; 
thence  in  a  northerly  direction  along  that  centre  line  to  the  place  of  beginning. 


Part  48 


All  those  lands  in  the  territorial  districts  of  Nipissing  and  Parry  Sound 
and  the  County  of  Renfrew  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    11  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    17  in  the  City  of  North  Bay;    thence  in  an  easterly 
direction  along  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    17  and  the  northeasterly  production  of  that  centre  line  in  the  Town  of 


1056 GAME  AND  FISH Reg.  428 

Mattawa  to  the  intersection  with  the  Interprovincial  Boundary  between  Ontario 
and  Quebec;    thence  in  an  easterly  and  southeasterly  direction  along  that 
boundary  to  the  intersection  with  the  northeasterly  production  of  the  centre  line 
of  Trafalgar  Road  in  the  City  of  Pembroke  being  also  of  that  part  of  the  King's 
Highway  known  as  No.    62;    thence  in  a  southwesterly  direction  along  that 
production  and  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    62  to  the  intersection  with  the  centre  line  of  the  Indian  River;    thence  in  a 
westerly  direction  along  that  centre  line  to  the  intersection  with  the  boundary 
of  Algonquin  Provincial  Park;    thence  in  a  northwesterly,    southwesterly  and 
southeasterly  direction  along  that  boundary  to  the  intersection  with  the  centre 
line  of  the  Amable  du  Fond  River  in  the  geographic  Township  of  Ballantyne; 
thence  in  a  westerly  direction  along  that  centre  line  to  the  intersection  with  the 
waters  of  Kawawaymog  Lake;    thence  in  a  westerly  direction  along  that  water's 
edge  to  the  intersection  with  the  southerly  production  of  the  centre  line  of  a 
road  known  locally  as  the  South  River  access  road;    thence  in  a  southwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    11  at  the  Village  of  South  River; 
thence  in  a  northerly  direction  along  that  centre  line  to  the  place  of  beginning. 


Part  49 


All  those  lands  in  the  Territorial  District  of  Parry  Sound  and  The  District 
Municipality  of  Muskoka  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    69  with  the  water's  edge  along  the  northerly  bank  of  the 
north  branch  of  the  Magnetawan  River;    thence  in  a  general  easterly  direction 
along  that  water's  edge  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  No.    124;    thence  in  a  general  easterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    11;    thence  in  a  general  southerly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    141;    thence  in  a  general  southwesterly  and  northwesterly.j 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    69;    thence  in  a  general  northwesterly 
direction  along  that  centre  line  to  the  place  of  beginning. 


Part  50 


All  those  lands  in  the  territorial  districts  of  Parry  Sound  and  Nipissing, 
The  District  Municipality  of  Muskoka  and  the  Provisional  County  of  Haliburton 
in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    H  with  the  centre  line  of  a  road  known  locally  as  the 
South  River  access  road  at  the  Village  of  South  River;    thence  in  a  northeasterlyl 
direction  along  the  centre  line  of  the  South  River  access  road  to  the  intersectionj 


Reg.  428  GAME  AND  FISH  1057 

with  the  water's  edge  along  the  north  shore  of  Kawawaymog  Lake;    thence  in 
a  general  easterly  direction  along  that  water's  edge  to  the  intersection  with 
the  centre  line  of  the  Amable  du  Fond  River;    thence  in  a  general  easterly 
direction  along  that  centre  line  to  the  intersection  with  the  westerly  boundary 
of  Algonquin  Provincial  Park  in  the  geographic  Township  of  Ballantyne;    thence 
in  a  southerly  direction  along  that  boundary  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    60;    thence  in  a  general 
southwesterly  and  northwesterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    11; 
thence  in  a  general  northwesterly  direction  along  that  centre  line  to  the  place  of 
beginning. 


Part  51 


All  those  lands  in  the  Territorial  District  of  Nipissing  and  the 
Provisional  County  of  Haliburton  in  the  Province  of  Ontario  described  as 
follows: 

Beginning  at  the  intersection  of  the  north  boundary  of  Algonquin  Provincial 
Park  with  the  centre  line  of  a  road  known  locally  as  the  Brent  Road  in  the 
geographic  Township  of  Deacon;    thence  in  a  southerly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  at  the  Dispersed  Rural  Community  of 
Brent;    thence  in  a  southeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Little  Madawaska  River  at  the  Railway  Point 
of  Odenback;    thence  in  a  southwesterly  direction  along  that  centre  line,    the 
centre  line  of  Charles  Creek  and  the  centre  line  of  Charles  Lake  to  the  inter- 
section with  the  water's  edge  at  the  most  westerly  extremity  of  Charles  Lake; 
thence  in  a  southeasterly  direction  along  a  straight  line  running  from  the  most 
westerly  extremity  of  Charles  Lake  to  the  most  northerly  extremity  of  Annie 
Bay  of  Opeongo  Lake;    thence  in  a  general  southeasterly,   northwesterly, 
westerly  and  southerly  direction  along  the  water's  edge  of  Opeongo  Lake  to 
the  intersection  with  the  centre  line  of  a  road  known  locally  as  Opeongo  Lake 
Access  Road;    thence  in  a  southerly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No-    60;    thence  in  a  general  southeasterly  direction  along  that  centre  line  to 
the  intersection  with  the  boundary  of  Algonquin  Provincial  Park  in  the  geo- 
graphic Township  of  Airy;    thence  in  a  southwesterly  and  southeasterly 
direction  along  that  boundary  to  the  intersection  with  the  northerly  boundary 
of  the  Township  of  Dysart,    Bruton,    Clyde,   Dudley,    Eyre,    Guilford,    Harbum, 
Harcourt  and  Havelock  which  was  formerly  the  Township  of  Clyde;    thence  in 
a  southwesterly  direction  along  the  northerly  boundary  of  that  part  to  the  inter- 
section with  the  boundary  of  Algonquin  Provincial  Park  at  the  northeasterly 
corner  of  the  Township  of  Dysart,    Bruton,    Clyde,    Dudley,    Eyre,    Guilford, 
Harbum,   Harcourt  and  Havelock  which  was  formerly  the  Township  of  Eyre; 
thence  in  a  southwesterly,    northwesterly  and  northeasterly  direction  along  the 
southerly,   westerly  and  northerly  boundaries  of  Algonquin  Provincial  Park  to 
the  place  of  beginning. 


1058  GAME  AND  FISH  Reg.  428 

Part  52 


All  those  lands  in  the  Territorial  District  of  Nipissing  in  the  Province  of 
Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  north  boundary  of  Algonquin  Provincial 
Park  with  the  centre  line  of  a  road  known  locally  as  the  Brent  Road  in  the 
geographic  Township  of  Deacon;    thence  in  a  southerly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  the  right  of  way  of  the 
Canadian  National  Railway  Company  at  the  Dispersed  Rural  Commiunity  of 
Brent;    thence  in  a  southeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  the  Little  Madawaska  River  at  the  Railway  Point 
of  Odenback;    thence  in  a  southwesterly  direction  along  that  centre  line,   the 
centre  line  of  Charles  Creek,    and  the  centre  line  of  Charles  Lake  to  the 
intersection  with  the  water's  edge  at  the  most  westerly  extremity  of  Charles 
Lake;    thence  in  a  southeasterly  direction  along  a  straight  line  running  from 
the  most  westerly  extremity  of  Charles  Lake  to  the  most  northerly  extremity 
of  Annie  Bay  of  Opeongo  Lake;    thence  southeasterly,    northwesterly,    westerly 
and  southerly  along  the  water's  edge  of  Opeongo  Lake  to  the  intersection  with 
the  centre  line  of  a  road  known  locally  as  the  Opeongo  Lake  Access  Road; 
thence  in  a  southerly  direction  along  that  centre  line  to  the  intersection  w^ith 
the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    60;    thence  in 
a  southeasterly  direction  along  that  centre  line  to  the  intersection  with  the 
boundary  of  Algonquin  Provincial  Park  in  the  geographic  Township  of  Airy; 
thence  in  a  northeasterly,    northwesterly  and  southwesterly  direction  along  the 
south,    east  and  north  boundaries  of  Algonquin  Provincial  Park  to  the  place  of 
beginning. 


Part  53 


All  those  lands  in  the  Territorial  District  of  Parry  Sound,    The  District 
Municipality  of  Muskoka,   the  counties  of  Simcoe  and  Victoria  and  the 
Provisional  County  of  Haliburton  in  the  Province  of  Ontario  described  as 
follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No-    141  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    69;    thence  in  a  southerly  direction  along  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.    69  to  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  No.    169;    thence  in  a  southeasterly 
direction  along  that  centre  line  to  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    11;    thence  in  a  southerly  direction  along  that  centre 
line  to  the  centre  line  of  thfe  Severn  River;    thence  in  an  easterly  and 
southerly  direction  along  that  centre  line  to  the  westerly  production  of  the 
centre  line  of  the  Black  River;    thence  in  an  easterly  and  northerly  direction 
along  that  production  and  the  centre  line  of  the  Black  River  to  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  No.    35;    thence  in  a  northwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 


Reg.  428  GAME  AND  FISH  1059 

part  of  the  King's  Highway  known  as  No.    60;    thence  in  a  westerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  No.    11;    thence  in  a  southerly  direction  along 
that  centre  line  to  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    141;    thence  in  a  southwesterly  and  northwesterly  direction  along  that 
centre  line  to  the  place  of  beginning. 

Saving  and  excepting  that  part  of  the  Township  of  Muskoka  Lakes  in  The 
District  Municipality  of  Muskoka,   formerly  the  Township  of  Medora,    lying 
easterly  of  that  part  of  the  King's  Highway  known  as  No.    169  and  the  centre 
line  of  the  right  of  way  of  the  Canadian  National  Railway  Connpany. 

Also  saving  and  excepting  that  part  of  the  Township  of  Muskoka  Lakes  in 
The  District  Municipality  of  Muskoka,    formerly  the  Township  of  Wood,    lying 
easterly  of  the  centre  line  of  the  right  of  way  of  the  Canadian  National  Railway 
Company  and  northerly  of  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    169* 

Also  saving  and  excepting  that  part  of  the  Township  of  Rarra  lying  easterly 
of  the  centre  line  of  the  Severn  River  and  northerly  and  westerly  of  the  Black 
River. 


Part  54 


All  those  lands  in  The  District  Municipality  of  Muskoka  and  the  Provisional 
County  of  Haliburton  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    60  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    35;    thence  in  a  southeasterly  direction  along  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  No.    35  to  the  intersection  with  the 
centre  line  of  the  river  connecting  Boshkung  Lake  and  Beech  Lake,    being  part 
of  the  Gull  River  System;    thence  in  a  northeasterly  direction  along  the  centre 
line  of  that  river  system  comprised  of  Beech  Lake,   Maple  Lake,    Green  Lake, 
Pine  Lake,    Cranberry  Lake,    Eagle  Lake,    Moose  Lake,    Oblong  Lake,    Haliburton 
Lake  and  Percy  Lake  to  the  intersection  with  the  boundary  of  Algonquin 
Provincial  Park;    thence  in  a  southeasterly,   northeasterly  and  northwesterly 
direction  along  that  boundary  to  the  intersection  with  the  northerly  boundary 
of  the  Township  of  Dysart,    Bruton,    Clyde,   Dudley,    Eyre,   Guilford,    Harburn, 
Harcourt  and  Havelock,    formerly  the  Township  of  Clyde;    thence  in  a  south- 
westerly direction  along  that  boundary  of  that  part  to  the  intersection  with  the 
boundary  of  Algonquin  Provincial  Park  at  the  northeast  corner  of  the  Township 
of  Dysart,    Bruton,    Clyde,   Dudley,    Eyre,    Guilford,   Harburn,   Harcourt  and 
Havelock  which  was  formerly  the  Township  of  Eyre;    thence  in  a  southwesterly 
and  northwesterly  direction  along  that  boundary  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    60;    thence  in  a 
•outhwesterly  direction  along  that  centre  line  to  the  place  of  beginning. 


1060 GAME  AND  FISH Reg.  428 

Part  55 


All  those  lands  in  the  Territorial  District  of  Nipissing  and  the  County  of 
Renfrew  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    62  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    41  in  the  City  of  Pembroke;    thence  in  a  southerly  direction  along 
the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    41    to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    60; 
thence  in  a  westerly  and  southwesterly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    62  in  the  Village  of  Barry's  Bay;    thence  in  a  southerly  direction  along  that 
centre  line  to  the  intersection  with  the  southerly  boundary  of  the  Township  of 
Sherw^ood;    thence  in  a  southwesterly  direction  along  the  southerly  boundary 
of  the  townships  of  Sherwood  and  Jones  and  the  geographic  townships  of 
Lyell  and  Sabine  to  the  intersection  with  the  boundary  of  Algonquin  Provincial 
Park;    thence  in  a  northwesterly  and  northeasterly  direction  along  that 
boundary  to  the  intersection  with  the  centre  line  of  the  Indian  River;    thence 
in  an  easterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    62;    thence  in  a 
northeasterly  direction  along  that  centre  line  to  the  place  of  beginning. 


Part  56 


All  those  lands  in  The  District  Municipality  of  Muskoka  and  the  counties  of 
Peterborough,    Simcoe  and  Victoria  and  the  Provisional  County  of  Haliburton 
in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Black  River  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    35;    thence  in  a 
southerly  direction  along  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    3  5  to  the  intersection  with  the  centre  line  of  the  river  connecting 
Boshkung  Lake  and  Beech  Lake,   being  part  of  the  Gull  River  System;    thence 
in  a  northeasterly  direction  along  the  centre  line  of  the  Gull  River  System 
composed  of  Beech  Lake,    Maple  Lake,    Green  Lake,    Pine  Lake,    Cranberry 
Lake,    Eagle  Lake,   Moose  Lake,    Oblong  Lake,    Haliburton  Lake  and  Percy 
Lake  to  the  intersection  with  the  westerly  boundary  of  the  Township  of  Bruton; 
thence  in  a  southeasterly  direction  along  the  westerly  boundary  of  the  town- 
ships of  Bruton  and  Harcourt  to  the  intersection  with  the  centre  line  of  County 
Road  No.    15  running  in  a  southeasterly  direction  near  the  west  boundary  of 


Reg.  428  GAME  AND  FISH  1061 

the  Township  of  Harcourt;    thence  in  a  southeasterly  direction  along  that 
centre  line  to  the  intersection  with  that  part  of  the  King's  Highway  known  as 
Secondary  Highway  No.    648  near  the  Compact  Rural  Community  of  Wilberforce; 
thence  in  a  southwesterly  direction  along  that  centre  line  to  the  intersection  with 
the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    121;    thence  in 
a  southwesterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  Secondary  Highway  No. 
503  at  the  Compact  Rural  Community  of  Tory  Hill;    thence  in  a  southwesterly 
direction  along  that  centre  line  and  the  centre  line  of  County  Road  No.    45  to 
the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  No.    169;    thence  in  a  northwesterly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  the  Black  River;    thence  in  a  northerly  and 
northeasterly  direction  along  that  centre  line  to  the  place  of  beginning. 

Saving  and  excepting  that  part  of  the  Township  of  Rama  lying  easterly  of 
the  centre  line  of  the  right  of  way  of  that  part  of  the  King's  Highway  known  as 
No.    169  and  southerly  and  easterly  of  the  centre  line  of  the  Severn  River  and 
the  Black  River  and  northerly  of  the  centre  line  of  County  Road  No.   45. 


Part  57 


All  those  lands  in  the  counties  of  Hastings  and  Renfrew  and  the 
Provisional  County  of  Haliburton  in  the  Province  of  Ontario  described  as 
follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    121  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    648  in  the  Township  of  Monmouth; 
thence  in  a  northerly  direction  along  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    648  to  the  intersection  with  the 
centre  line  of  County  Road  No.    15  north  of  the  Compact  Rural  Community  of 
Wilberforce  and  running  in  a  northwesterly  direction  west  of  the  westerly 
boundary  of  the  Township  of  Harcourt;    thence  in  a  northwesterly  and  north- 
easterly direction  along  that  centre  line  to  the  intersection  with  the  westerly 
boundary  of  the  Township  of  Harcourt;    thence  in  a  northerly  direction  along 
that  westerly  boundary  to  the  intersection  with  the  southerly  boundary  of  the 
Township  of  Bruton;    thence  in  an  easterly  and  northerly  direction  along  the 
southerly  and  easterly  boundary  of  the  Township  of  Bruton  to  the  northerly 
boundary  of  the  Township  of  McClure;    thence  in  an  easterly  direction  along 
the  northerly  boundary  of  the  townships  of  Wicklow  and  Bangor  and  the 
northerly  boundary  of  the  Township  of  Radcliffe  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    62;    thence  in 
a  southeasterly  direction  along  that  centre  line  to  the  intersection 


1062  GAME  AND  FISH  Reg.  428 

with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  Secondary 
Highway  No.    515  near  the  Dispersed  Rural  Community  of  Combermere; 
thence  in  a  southeasterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  Secondary 
Highway  No.    514  at  the  Dispersed  Rural  Community  of  Latchford  Bridge; 
thence  in  a  southerly  direction  along  that  centre  line  to  the  intersection  with 
the  centre  line  of  that  part  of  the  King's  Highway  known  as  Secondary  Highway 
No.    500  at  the  Dispersed  Rural  Comimunity  of  Hardwood  Lake;    thence  in  a 
southwesterly  and  westerly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    28  at  the 
Village  of  Bancroft;    thence  in  a  southwesterly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  No.    121;    thence  in  a  westerly  direction  along  that  centre  line  to  the  place 
of  beginning. 


Part  58 


All  those  lands  in  the  counties  of  Lennox  and  Addington  and  Renfrew  in  the 
Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    60  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    62  at  the  Village  of  Barry's  Bay;    thence  in  a  southeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  Secondary  Highway  No.    515  near  the 
Dispersed  Rural  Community  of  Comberinere;    thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  Secondary  Highway  No.    514  at  the  Dispersed  Rural 
Community  of  Latchford  Bridge;    thence  in  a  southerly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    500  at  the  Dispersed  Rural  Community 
of  Hardwood  Lake;    thence  in  a  southeasterly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.   41  at  the  Compact  Rural  Community  of  Denbigh;    thence  in  a  northeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  the 
Madawaska  River;    thence  in  a  southeasterly  and  northeasterly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    511;    thence  in  a  northwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  Secondary  Highway  No.    508  at  the  Compact 
Rural  Community  of  Calabogie;    thence  in  a  southwesterly  direction  along  that 
centre  line  to  the  intersection  in  the  Township  of  Bagot  and  Blithfield,   formerly 
the  Township  of  Blithfield,   with  the  centre  line  of  the  road  running  in  a  north- 
westerly direction  from  that  part  of  the  King's  Highway  known  as  Secondary 
Highway  No.   508  to  the  Dispersed  Rural  Community  of  Dacre;    thence  in  a 
northwesterly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.   132;    thence  in  a  westerly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.   41;    thence  in  a  northwesterly  direction 


Reg.  428  GAME  AND  FISH  1063 

along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  No.    60;    thence  in  a  general  westerly  direction 
along  that  centre  line  to  the  place  of  beginning. 


Part  59 


All  those  lands  in  the  County  of  Renfrew  in  the  Province  of  Ontario 
described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    62  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.   41  in  the  City  of  Pembroke;    thence  in  an  easterly 
direction  along  the  easterly  production  of  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    62  to  the  intersection  with  the  Interprovincial 
Boundary  between  Ontario  and  Quebec;    thence  in  a  general  southeasterly 
direction  along  that  boundary  to  the  intersection  with  the  northeasterly 
production  of  the  centre  line  of  the  Madawaska  River  near  the  Town  of 
Arnprior;    thence  in  a  southwesterly  direction  along  that  production  and  that 
centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    511;    thence  in  a  northwesterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  Secondary  Highway  No.    508  at  the 
Compact  Rural  Community  of  Calabogie;    thence  in  a  southwesterly  direction 
along  that  centre  line  to  the  intersection  in  the  Township  of  Bagot  and 
Blithfield,   formerly  the  Township  of  Blithfield,   with  the  centre  line  of  the 
road  running  in  a  northwesterly  direction  from  that  part  of  the  King's  Highway 
known  as  Secondary  Highway  No.    508  to  the  Dispersed  Rural  Community  of 
Dacre;    thence  in  a  northwesterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.    132;    thence  in  a  westerly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.   41; 
thence  in  a  northwesterly  and  northerly  direction  along  that  centre  line  to  the 
place  of  beginning. 


Part  60 


All  those  lands  in  the  counties  of  Hastings,    Peterborough  and  Victoria 
and  The  Provisional  Coiinty  of  Haliburton  in  the  Province  of  Ontario  described 
as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    35  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  Secondary  Highway  No.    503  in  the  Compact  Rural  Connmunity  of 
Norland;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    121 
at  the  Compact  Rural  Community  of  Tory  Hill;    thence  in  an  easterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 


1064 GAME  AND  FISH Reg.  428 

King's  Highway  known  as  No.    28;    thence  in  a  northeasterly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.    62  at  the  Village  of  Bancroft;    thence  in  a  south- 
easterly direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  No.   7;    thence  in  a  southwesterly 
direction  along  that  centre  line  to  the  intersection  near  the  Village  of  Havelock 
with  the  centre  line  of  County  Road  No.    44  running  in  a  northwesterly  direction 
from  that  part  of  the  King's  Highway  known  as  No.   7  to  the  Compact  Rural 
Community  of  Nephton;    thence  in  a  northwesterly  direction  along  that  centre 
line  and  the  centre  line  of  County  Road  No.    6  to  the  intersection  with  the 
easterly  production  of  the  centre  line  of  Stony  Lake;    thence  in  a  westerly, 
southerly,   northerly  and  southwesterly  direction  along  that  production  and  the 
centre  line  of  the  Kawartha  Lake  System  including  Stony  Lake,    Lower  Buckhorn 
Lake,    Buckhorn  Lake,    Pigeon  Lake  and  Sturgeon  Lake  to  the  intersection  with 
the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    35A  at  the 
Village  of  Fenelon  Falls;    thence  in  a  southwesterly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    35;    thence  in  a  northerly  direction  along  that  centre  line  to  the 
place  of  beginning. 

Saving  and  excepting  those  parts  of  the  townships  of  Verulam  and  Fenelon 
lying  northerly  of  the  centre  line  of  Sturgeon  Lake  and  that  part  of  the  King's 
Highway  known  as  No.   35A  and  easterly  of  that  part  of  the  King's  Highway 
known  as  No.   35. 


Part  61 


All  those  lands  in  the  counties  of  Frontenac,   Hastings,    Lennox  and 
Addington  and  Renfrew  in  the  Province  of  Ontario  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    62  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  Secondary  Highway  No.  .500  at  the  Village  of  Bancroft;    thence  in  a 
northeasterly  and  southeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    41 
at  the  Compact  Rural  Community  of  Denbigh;    thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.   7  at  the  Town  of  Kaladar;    thence  in  a  south- 
westerly direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  No.    62;    thence  in  a  northwesterly 
direction  along  that  centre  line  to  the  place  of  beginning. 


Part  62 


All  those  lands  in  the  counties  of  Frontenac,   Hastings  and  Lennox  and 
Addington  in  the  Province  of  Ontario  described  as  follows: 


Reg.  428  GAME  AND  FISH  1065 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.   41  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  Secondary  Highway  No.    506;    thence  in  a  northeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  Mississippi  River  System  known  as  Swamp  Creek;    thence  in  a 
general  easterly  direction  along  that  centre  line  and  the  centre  line  of  the 
Mississippi  River  System  to  the  intersection  with  the  centre  line  of  that  r.art 
of  the  King's  Highway  known  as  Secondary  Highway  No.    509;    thence  in  a 
southerly  direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  No.   7;    thence  in  a  northeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    38;    thence  in  a  southerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  County  Roads 
Nod.   7  and  14  running  in  a  westerly  and  southwesterly  direction  from  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.   38, 
through  the  Compact  Rural  Communities  of  Bellrock  and  Enterprise,   and  the 
Dispersed  Rural  Communities  of  Lens  and  Croydon  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    41;    thence  along 
the  centre  line  of  that  road  to  the  intersection  with  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.   41;    thence  in  a  northwesterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  County  Roads 
Nod.   3,   32  and  13  running  in  a  northwesterly  and  westerly  direction  from  that 
intersection  through  the  Compact  Rural  Community  of  Marlbank  and  the 
Dispersed  Rural  Communities  of  Larkins  and  Stoco  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.    37;    thence  in  a 
northwesterly  direction  along  the  centre  line  of  that  road  to  the  intersection 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.    37;    thence 
in  a  northerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.   7;    thence  in  a  northeasterly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.    41;    thence  in  a  northerly  direction  along 
that  centre  line  to  the  place  of  beginning. 


Part  63 

All  those  lands  in  the  counties  of  Frontenac,    Lanark,    Lennox  and  Addington 
and  Renfrew  and  The  Regional  Municipality  of  Ottawa- Carleton  described  in 
Parts  63A.   and  63B. 

Part  63A. 

Beginning  at  the  intersection  of  the  centre  line  of  the  Madawaska  River 
with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.   41; 
thence  in  a  southerly  and  southeasterly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
Secondary  Highway  No.    506;    thence  in  a  northeasterly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the  Mississippi 
River  System  known  as  Swamp  Creek;    thence  in  a  general  easterly  direction 
along  that  centre  line  and  the  centre  line  of  the  Mississippi  River  System  to 
the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 


1066  GAME  AND  FISH  Reg.  428 

Secondary  Highway  No.    509;    thence  in  a  southerly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.   7;    thence  in  a  northeasterly  direction  along  that  centre  line  to 
the  intersection  with  the  easterly  boundary  of  the  Township  of  Oso  in  the 
County  of  Frontenac;    thence  northerly  along  the  easterly  boundary  of  the 
Township  of  Oso  and  the  easterly  boundary  of  the  townships  of  Palmerston 
and  South  Canonto  to  the  southerly  boundary  of  the  Township  of  Blithfield; 
thence  easterly  along  the  southerly  boundary  of  the  townships  of  Blithfield, 
Bagot  and  McNab  to  the  intersection  with  the  centre  line  of  the  Madawaska 
River;    thence  in  a  westerly,    southwesterly  and  northwesterly  direction 
along  that  centre  line  to  the  place  of  beginning. 


Part  63  B. 

Beginning  at  the  intersection  of  the  westerly  boundary  of  the  Township 
of  South  Sherbrooke  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  No.   7;    thence  in  a  northeasterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  Covmty  Road  No.    1  running  in  a  northwesterly 
direction  from  the  Town  of  Perth  through  the  Village  of  Lanark  to  the  Compact 
Rural  Community  of  Hopetown;    thence  in  a  northwesterly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  County  Road  No.    16 
running  in  a  northeasterly  direction  from  the  Compact  Rural  Community  of 
Hopetown  to  the  Town  of  Almonte;    thence  in  a  northeasterly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.    29;    thence  in  a  northwesterly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.    17;    thence  in  a  northwesterly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  the  Madawaska  River;    thence  in  a 
westerly  direction  to  the  intersection  with  the  northerly  boundary  of  the  Town- 
ship of  Pakenham;    thence  in  a  westerly  direction  along  the  northerly  boundary 
of  the  townships  of  Pakenham,  Darling  and  Lavant  to  the  northwesterly  corner 
of  the  Township  of  LAvant;    thence  southerly  along  the  westerly  boundary  of  the 
Township  of  Lavant,   the  Township  of  North  Sherbrooke  and  the  Township  of 
South  Sherbrooke  to  the  place  of  beginning. 


Part  64 

All  those  lands  in  the  counties  of  Lanark  and  Renfrew  and  Tne  Regional  muni- 
cipality of  Ottawa-Carleton  described  as  follows: 

1.  That  peirt  of  Tne  Regional  Municipality  of  Ottawa-Carleton  ivin"  west  of-  tne 
centre  line  of  the  Rideau  River  and  east  of  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.  29. 

2.  That  part  of  the  County  of  Renfrew  lying  east  of  the  centre  line  of  the 
Madawaska  River  and  north  of  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.  17. 

3.  That  paurt  of  the  County  of  Lanark  described  as  follows: 

Beginning  at  tne  intersection  ot  that  part  of  tne  King's  Highway  known  as 
No.  29,  with  the  easterly  boundary  of  the  Township  of  Pakenham;  thence  in  a 


Reg.  428  GAME  AND  FISH  1067 

southerly  direction  along  the  easterly  boxindary  of  the  townships  of  Pakenham, 
Ramsay  and  Beckwith  to  the  southeasterly  comer  of  the  Tovmship  of  Beckwith;  thence 
westerly  along  the  southerly  boundary  of  the  Township  of  Beckwith  to  the  north- 
easterly corner  of  the  Township  of  hkjntague;  thence  southerly  along  the  easterly 
boundary  of  the  Township  of  Montague  to  the  intersection  with  the  centre  line  of 
the  Rideau  River;  thence  in  a  westerly  direction  along  that  centre  line  to  the 
intersection  with  that  part  of  the  King's  Highway  known  as  No.,  29;  thence  in  a 
northerly  direction  along  that  centre  line  to  the  intersection  with  that  part  of 
the  King's  Highway  known  as  No.  43;  thence  in  a  westerly  direction  along  that 
centre  line  to  the  intersection  with  that  part  of  the  King's  Highway  known  as 
No.  7;  thence  in  a  westerly  direction  along  that  centre  line  to  the  intersection 
with  County  Road  No.  1;  thence  in  a  northwesterly  direction  along  that  centre 
line  through  the  Village  of  Lanark  to  the  Compact  Rural  Community  of  Hopetown; 
thence  in  a  northwesterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  County  Road  No.  16  running  in  a  northeasterly  direction 
from  the  Compact  Rural  Community  of  Hopetown  to  the  Town  of  Almonte;  thence  in 
a  northeasterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.  29;  thence  in  a 
northwesterly  direction  along  that  centre  line  to  the  place  of  beginning. 

Part  65 

All  those  lands  in  the  united  counties  of  Stormont,  Dundas  and  Glengarry 
Prescott  and  Russell  and  The  Regional  Municipality  of  Ottawa-Carleton  described 
as  follows: 

1.  The  united  counties  of  Stormont,  Dundas  euid  Glengarry,  and  of  Prescott  and 
Russell. 

2.  That  part  of  The  Regional  Municipality  of  Ottawa-Carleton  lying  west  of  the 
centre  line  of  the  Rideau  River. 

Part  66 

All  those  lands  in  the  united  counties  of  Leeds  and  Grenville  described  in 
Part  66A  and  Part  66B. 

Part  66A 

1.   That  part  of  the  united  counties  of  Leeds  and  Grenville  lying  north  of  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.  401  and  east  of  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.  29  and  excluding  the 
G.  Howard  Ferguson  Nursery  in  the  Township  of  Oxford; 

Part  66B 

1.   The  G.  Howard  Ferguson  Nursery  in  the  Township  of  Oxford  in  the  united 
counties  of  Leeds  and  Grenville. 

Part  67 

All  those  lands  in  the  counties  of  Frontenac  and  Lanark  and  the  united 
counties  of  Leeds  auid  Grenville  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.  38  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.  7;  thence  in  an  easterly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.  43;  thence  in  an  easterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.  29; 
thence  in  a  southerly  direction  along  that  centre  line  to  the  intersection  with 
the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.  401;  thence  in 
a  westerly  direction  along  that  centre  line  to  the  intersection  with  the  centre 
line  of  that  part  of  the  King's  Highway  known  as  No.  38;  thence  in  a  northerly 
direction  along  that  centre  line  to  the  place  of  beginning. 


1068 GAME  AND  FISH Reg.  428 

Part  68 

All  those  lands  in  the  counties  of  Frontenac,  Hastings,  Lennox  and  Addington, 
and  Northumberlcind  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  the  Crowe  River  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.  7;  thence  in  an  east- 
erly direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
that  part  of  the  King ' s  Highway  known  as  No,  37;  thence  in  a  southerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  Hastings  County 
Road  No.  13;  thence  in  an  easterly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  Hastings  County  Road  No.  7;  thence  in  an  easterly 
direction  along  that  centre  line  to  the  intersection  with  Lennox  and  Addington 
County  Road  No.  3;  thence  in  an  easterly  direction  along  that  centre  line  to  the 
intersection  with  that  part  of  the  King's  Highway  known  as  No.  41;  thence  in  a 
southerly  direction  along  that  centre  line  to  the  intersection  with  the  centre  line 
of  Lennox  and  Addington  County  Road  No.  14;  thence  in  an  easterly  direction  along  that 
centre  line  to  the  intersection  with  the  centre  line  of  Frontenac  County  Road  No.  7; 
thence  in  an  easterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.  38;  thence  in  a  southerly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.  401;  thence  in  a  westerly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  the  Trent  River;  thence  in  a  northerly 
direction  along  that  centre  line  to  the  confluence  with  the  centre  line  of  the  Crowe 
River;  thence  in  a  northerly  direction  along  that  centre  line  to  the  place  of  beginning. 

Part  69 

All  those  lands  in  the  counties  of  Frontenac,  Hastings,  Lennox  and  Addington 
and  united  counties  of  Leeds  and  Grenville  described  in  Part  69A  and  Part  69B. 

Part  69A 

1.  That  part  of  the  County  of  Hastings  lying  south  of  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.  401  and  east  of  the  centre  line  of  the  Trent  River. 

2.  Those  parts  of  the  counties  of  Frontenac  and  Lennox  and  Addington  lying  south  of 
the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.  401. 

Part  693 

1.   Those  parts  of  the  vinited  counties  of  Leeds  and  Grenville  lying  south  of  the 
centre  line  of  that  part  of  the  King's  Highway  known  as  No.  401. 

Part  70 

The  County  of  Prince  Edward; 

Part  71 

All  those  lands  in  the  counties  of  Hastings  and  Northumberland  described 
as  follows: 

1.  That  part  ot  the  County  of  Hastings  lying  west  and  south  of  the  centre  line 
of  the  TJrent  River. 

2.  That  part  of  the  County  of  Northumberland  described  as  follows: 

Beginning  at  the  northwesterly  corner  of  the  Township  ot  Hope;  thence  in 
a  northeasterly  direction  along  the  northerly  boundaries  of  the  townships  of 
Hope,  Hamilton,  Alnwick,  Percy  and  Seymour  to  the  northeastern  corner  of  the 
Township  of  Seymour;  thence  southeasterly  along  the  easterly  boundary  of  the 
Township  of  Seymour  to  the  intersection  with  the  centre  line  of  the  Crowe  River ; 
thence  in  a  southwesterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  ot  the  Trent  River;  thence  in  a  southerly  and  easterly 
direction  along  that  centre  line  to  the  intersection  with  the  easterly  bovmdary 
of  the  Township  of  Murray;  thence  in  a  southerly  direction  along  the  easterly 


Reg.  428  GAME  AND  FISH  1069 

boundary  ot  the  Townsnip  of  Murray  to  the  southeasterly  corner  of  the  Township 
of  Murray;  thence  m  a  southwesterly  direction  along  the  southerly  boundaries 
of  the  townships  of  Murray,  Brighton,  Cramahe,  Haldimand,  Hamilton  and  Hope  to 
the  southwesterly  corner  of  the  Township  of  Hope ;  thence  in  a  northwesterly 
direction  along  the  westerly  boundary  of  the  Township  of  Hope  to  the  place  of 
beginning. 

Part  72 

All  those  lands  in  the  County  of  Peterborough  described  as  follows: 

Those  portions  of  the  townships  of  North  Monaghan,  South  Monaghan,  Otonabee 
and  Asphodel  in  the  County  of  Peterborough  lying  south  of  that  part  of  the  King's 
Highway  known  as  No.  7. 

Part  73 

All  those  lands  in  the  counties  of  Hastings  and  Peterborough  described  as 
follows : 

1.  That  part  of  the  County  of  Hastings  lying  south  of  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.  7  and  west  of  the  centre  line  of  the 
Crowe  River. 

2.  That  part  of  the  County  of  Peterborough  described  as  follows: 

Beginning  at  the  intersection  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.  7  with  the  easterly  boundary  of  the  Township  of  Belmont  and 
Methuen  which  was  formerly  the  Township  of  Belmont;   thence  in  a  southwesterly 
direction  along  that  centre  line  to  the  intersection  near  the  Village  of  Havelock 
with  the  centre  line  of  County  Road  No.  44  running  in  a  northwesterly  direction 
from  that  part  of  the  King's  Highway  known  as  No.  7  to  the  Compact  Rural  Community 
of  Nephton;   thence  in  a  northwesterly  direction  along  that  centre  line  and  the 
centre  line  of  County  Road  No.  6  to  the  intersection  with  the  easterly  production 
of  the  centre  line  of  Stony  Lake;   thence  in  a  westerly,  southerly,  northerly 
and  southwesterly  direction  along  that  production  and  the  centre  line  of  the 
Kawartha  Lake  System  including  Stony  Lake,  Lower  Buckhorn  Lake,  Buckhorn  Lake 
and  Pigeon  Lake  to  the  intersection  with  the  northwesterly  corner  of  the  Township 
of  Ennismore;   thence  in  a  southerly  direction  along  the  westerly  boundary  of  the 
townships  of  Ennismore  and  Smith  to  the  intersection  with  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.  7;   thence  in  a  southerly  and  easterly 
direction  along  that  centre  line  to  the  intersection  with  the  westerly  boundary 
of  the  Township  of  Belmont  and  Methuen  which  was  formerly  the  Township  of  Belmont; 
thence  in  a  general  southerly,  easterly  and  northerly  direction  along  the  westerly 
boundary  of  that  part  to  the  place  of  beginiting. 

Part  74 

All  those  lands  in  the  Township  of  Scugog  in  The  Regional  Municipality  of 
Durham,  formerly  in  the  Township  of  Reach  in  the  County  of  Ontario,  more  parti- 
cularly described  as  follows : 

Lot  19,  Lot  20,  west  of  the  Whitby  and  Port  Perry  extension  railway  (now  the 
Camadian  National  Railway  Company) ,  the  south  half  of  Lot  21  west  of  the  said 
railway  line  in  Concession  XI,  all  of  Lot  19,  the  north  half  of  lots  20  and  21 
west  of  the  said  railway  line,  and  the  west  half  of  the  south  half  of  Lot  20  west 
of  the  Whitby  and  Port  Perry  extension  railway  (now  the  Canadian  National 
Railway  Company)  in  Concession  X;   the  east  half  of  the  south  half  of  Lot  14, 
the  west  quarter  of  the  south  half  of  Lot  14,  the  west  half  of  Lot  15,  the  south 
half  of  Lot  16,  the  south  half  of  Lot  17,  the  south  half  of  the  north  half  of 
Lot  16,  the  north  half  of  Lot  18  and  the  north  half  of  the  south  half  of  Lot  18, 


1070 GAME  AND  FISH Reg.  428 

that  part  of  Lot  19  in  Concession  IX  lying  west  of  the  Whitby  and  Port  Perry 
extension  railway  (now  the  Canadian  National  Railway  Company) ,  the  east  half  of 
Lot  14,  all  of  Lot  15,  and  the  east  half  of  the  north  half  of  Lot  16  in  Concession 
VIII,  the  south  half  of  Lot  13,  all  of  Lot  14,  the  north  half  of  Lot  15,  and  the 
west  half  of  the  south  half  of  Lot  15  in  Concession  VII  in  the  said  Township  of 
Reach. 

Part  75 

All  those  lands  in  the  County  of  Victoria  described  as  follows: 

Beginning  at  the  intersection  of  the  westerly  boundary  of  the  Township  of 
Dalton  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as  Secondary 
Highway  No.  503  at  the  Compact  Rural  Community  of  Sebright;   thence  in  a  north- 
easterly, southerly  and  easterly  direction  along  that  centre  line  to  the  inter- 
section with  that  part  of  the  King's  Highway  known  as  No.  35  at  the  Compact  Rural 
Community  of  Norland;   thence  in  a  southerly  direction  along  that  centre  line  to 
the  intersection  with  the  northerly  boundary  of  the  Township  of  Fenelon;   thence 
in  an  easterly  direction  along  the  northerly  boundaries  of  the  townships  of  Fenelon 
and  Verulam  to  the  northeasterly  corner  of  the  Township  of  Verulam;   thence  in  a 
southerly  direction  along  the  easterly  boundaries  of  the  townships  of  Verulam  and 
Emily  to  the  southeasterly  corner  of  the  Township  of  Emily;   thence  in  a  westerly 
direction  along  the  southerly  boundary  of  the  Township  of  Emily  to  the  south- 
westerly corner  of  the  Township  of  Emily;   thence  in  a  northerly  direction  along 
the  westerly  boundary  of  the  Township  of  Emily  to  the  intersection  with  the 
southerly  boundary  of  the  Township  of  Ops;   thence  in  a  westerly  direction  along 
the  southerly  boundary  of  the  Township  of  Ops  to  the  southwesterly  corner  of  the 
Township  of  Ops;   thence  in  a  northerly  direction  along  the  westerly  boundary  of 
the  townships  of  Ops  and  Fenelon  to  the  intersection  with  the  southerly  boundary 
of  the  Township  of  Eldon;   thence  in  a  westerly  direction  along  the  southerly 
boundary  of  the  Township  of  Eldon  to  the  southwesterly  corner  of  the  Township 
of  Eldon;   thence  in  a  northerly  direction  along  the  westerly  boundaries  of  the 
townships  of  Eldon,  Carden,  and  Dalton  to  the  place  of  beginning. 

Part  76 
All  those  lands  in  the  County  of  Simcoe  described  as  follows: 

1.  The  townships  of  Mara,  Jiatchedash  and  Rama. 

2.  That  part  of  the  Township  of  Orillia  lying  northeast  of  the  centre  line  of 
the  right  of  way  of  the  Canadian  Pacific  Limited. 

3.  That  part  of  the  Township  of  Tay  lying  northeast  of  those  parts  of  the 
King's  Highway  known  as  No.  12  and  No.  103. 

4.  That  part  of  the  Township  of  Medonte  lying  north  of  the  centre  line  of  the 
right  of  way  of  the  Canadian  Pacific  Limited  which  runs  from  the  Dispersed  Rural 
Coimnunity  of  New  Uhthoff  to  the  Dispersed  Rural  Community  of  Fesserton. 

Part  77 

All  those  lands  in  the  County  of  Simcoe  described  as  follows: 


Reg.  428 GAME  AND  FISH 1071 

1.  The  Township  of  Ore. 

2.  That  part  of  the  Township  of  Orillia  lying  southwest  of  the  centre  line  of 
the  right  of  way  of  the  Canadian  Pacific  Limited. 

3.  That  part  of  the  Township  of  Medonte  described  as  follows: 

Beginning  at  the  intersection  of  that  part  of  the  King's  Highway  known  as 
No.  93  with  the  centre  line  of  that  part  of  Simcoe  County  Road  No.  19  at  the 
Village  of  Hillsdale;   thence  in  a  northeasterly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  the  Sturgeon  River;   thence  in  a 
northeasterly  direction  along  that  centre  line  to  the  intersection  with  the 
northerly  boundary  of  the  Township  of  Medonte;   thence  in  an  easterly  direction 
along  the  northerly  boundary  of  the  Township  of  Medonte  to  the  intersection  with 
the  centre  line  of  the  right  of  way  of  the  Canadian  Pacific  Limited  running 
from  the  Dispersed  Rural  Community  of  New  Uhthoff  to  the  Dispersed  Rural  Community 
of  Fesserton;   thence  in  an  easterly  direction  along  that  centre  line  to  the 
intersection  with  the  easterly  boundary  of  the  Township  of  Medonte;   thence  in  a 
southerly  direction  along  the  easterly  boundary  of  the  Township  of  Medonte  to  the 
intersection  with  the  southerly  boundary  of  the  Township  of  Medonte;   thence  in 
a  westerly  direction  along  the  southerly  boundary  of  the  Township  of  Medonte  to 
the  intersection  with  that  part  of  the  King's  Highway  known  as  No.  93;   thence  in 
a  northwesterly  direction  along  that  centre  line  to  the  place  of  beginning. 

Saving  and  excepting  therefrom  that  part  of  the  Township  of  Medonte  known  as 
the  Copeland  Forest  Resource  Management  Area. 

Part  78 
All  those  lands  in  the  County  of  Simcoe  described  as  follows: 

1.  The  townships  of  Flos  and  Tiny. 

2.  That  part  of  the  Township  of  Nottawasaga  described  as  follows: 

Beginning  at  the  intersection  of  the  easterly  boundary  of  the  Township  of 
Nottawasaga  with  the  centre  line  of  that  part  of  the  King's  Highway  known  as 
No.  26;   thence  in  a  westerly  direction  along  that  centre  line  to  the  Town  of 
Stayner;   thence  in  a  northerly  direction  along  that  centre  line  and  its  northerly 
extension  to  the  water's  edge  of  the  Nottawasaga  Bay;   thence  easterly  along  the 
water's  edge  to  the  intersection  with  the  easterly  boundary  of  the  Township  of 
Nottawasaga;   thence  in  a  southerly  direction  along  the  easterly  boundary  of  the 
Township  of  Nottawasaga  to  the  place  of  beginning. 

3.  That  part  of  the  Township  of  Sunnidale  lying  north  of  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.  26. 

4.  That  part  of  the  Township  of  Tay  lying  southwest  of  the  centre  lines  of  those 
parts  of  the  King's  Highway  known  as  No.  12  and  No.  103. 

5.  That  part  of  the  Township  of  Medonte  described  as  follows: 

Beginning  at  the  intersection  of  the  northern  boundary  of  the  Township  of  Medonte  with  the  centre 
line  of  the  Sturgeon  River;  thence  in  a  southwesterly  direction  along  that  centre  line  to  the  intersection  with 
the  centre  line  of  Simcoe  County  Road  No.  19;  thence  in  a  southwesterly  direction  along  that  centre  line  to 
the  intersection  with  that  part  of  the  King's  Highway  known  as  No.  93;  thence  in  a  southwesterly  direction 
along  that  centre  line  to  the  intersection  with  the  western  boundary  of  the  Township  of  Medonte;  thence  in 
a  northerly  direction  along  the  western  boundary  of  the  Township  of  Medonte  to  the  intersection  with  the 
northern  boundary  of  the  Township  of  Medonte;  thence  in  an  easterly  direction  along  the  northern 
boundary  of  the  Township  of  Medonte  to  the  place  of  beginning. 


1072  GAME  AND  FISH  Reg.  428 

Part  79 
All  those  lands  in  the  County  of  Simcoe  described  as  follows: 

1.  The  Tovmship  of  Vespra. 

2.  That  part  of  the  Township  of  Sunnidale  lying  south  of  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  No.  26. 

3.  That  part  of  the  Township  of  Nottawasaga  lying  east  of  the  centre  line  of 
Simcoe  County  Road  No.  42  and  south  of  the  centre  line  of  that  part  of  the 
King's  Highway  known  as  No.  26. 

Part  80 

All  those  lands  in  the  townships  of  Essa  and  Tosorontio  in  the  County  of 
Simcoe  composed  of  Canadian  Forces  Base  Borden. 

Part  81 

All  those  lands  in  the  County  of  Simcoe  described  as  follows: 

1.  The  Township  of  West  Gwillimbury. 

2.  That  part  of  the  Township  of  Innisfil  lying  east  of  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.  27. 

3.  That  part  of  the  Township  of  Essa  lying  east  of  the  centre  line  of  the 
right  of  way  of  the  Canadian  National  Railway  Company. 

4.  That  part  of  the  Township  of  Tecumseth  lying  east  of  the  centre  line  of 
the  right  of  way  of  the  Canadian  National  Railway  Company. 

Part  82 

All  those  lands  in  the  counties  of  Dufferin  and  Simcoe  described  as 
follows : 

1.  The  Township  of  Adjala  in  the  County  of  Simcoe. 

2.  The  Township  of  Tosorontio  in  the  County  of  Simcoe  except  that  part  known 
as  Canadian  National  Forces  Base  Borden. 

3.  That  part  of  the  Township  of  Tecumseth  in  the  County  of  Simcoe  lying  west 
of  the  fcentre  line  of  the  right  of  way  of  the  Canadian  National  Railway  Company. 

4.  That  part  of  the  Township  of  Essa  in  the  County  of  Simcoe  lying  west  of 
the  centre  line  of  the  right  of  way  of  the  Canadian  National  Railway  Company 
and  saving  and  excepting  that  part  of  the  Township  of  Essa  known  as  Canadian 
National  Forces  Base  Borden. 


Reg.  428 GAME  AND  FISH 1073 

5.  That  part  of  the  Township  of  Innisfil  in  the  County  of  Simcoe  lying  west 
of  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.  27. 

6.  Those  parts  of  the  townships  of  Mono  and  Mulmur  in  the  County  of  Dufferin 
lying  east  of  the  centre  line  of  Dufferin  County  Road  No.  18. 

Part  83 

All  those  lands  in  the  counties  of  Dufferin  and  Simcoe  described  as  follows: 

1.  That  part  of  the  Township  of  Nottawasaga  in  the  County  of  Simcoe  described 
as  follows: 

Beginning  at  the  junction  of  Simcoe  County  Road  42  with  the  southern 
boundary  of  the  Township  of  Nottawasaga;   thence  in  a  westerly  direction  along 
the  southern  boundary  of  the  Township  of  Nottawasaga  to  the  southwestern  corner 
of  the  Township  of  Nottawasaga;   thence  in  a  northerly  direction  along  the 
western  boundary  of  the  Township  of  Nottawasaga  to  the  water '  s  edge  of 
Nottawasaga  Bay;   thence  in  a  southeasterly  and  easterly  direction  along  that 
water's  edge  to  the  junction  with  the  northerly  extension  of  that  part  of  the 
King's  Highway  known  as  No.  26  at  the  Dispersed  Rural  Community  of  Brocks  Beach; 
thence  in  a  southerly  direction  along  the  northern  extension  and  the  centre  line 
of  that  part  of  the  King's  Highway  known  as  No.  26  to  the  intersection  with  the 
centre  line  of  Simcoe  County  Road  No,  42  at  the  Town  of  Stayner;   thence  in  a 
southerly  direction  along  that  centre  line  to  the  place  of  beginning. 

2.  That  part  of  the  Township  of  Mulmur  in  the  County  of  Dufferin  lying  west 
of  the  centre  line  of  Dufferin  County  Road  No.  18. 

3.  That  part  of  the  Township  of  Melancthon  in  the  County  of  Dufferin  lying 
east  of  the  centre  line  of  that  part  of  the  King's  Highway  known  as  No.  24. 

4.  That  part  of  the  Township  of  Mono  in  the  County  of  Dufferin  lying  west  of 
the  centre  line  of  Dufferin  County  Road  No.  18  and  east  of  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  No.  10  and  No.  24. 

Part  84 

All  those  lands  in  the  County  of  Dufferin  described  as  follows: 

1.  The  townships  of  Amaranth  and  East  Garafraxa. 

2.  That  part  of  the  Township  of  Mono  lying  west  of  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.  10  and  No.  24. 

3.  That  part  of  the  Township  of  Melancthon  lying  west  of  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  No.  24. 

Part  85 

All  those  lands  in  tjie  Township  of  East  Luther  in  the  County  of  Dufferin 
and  the  Township  of  West  Luther  in  the  County  of  Wellington,  more  particularly 
described  as  follows: 


1074 GAME  AND  FISH Reg.  428 

Firstly: 

Lots  20,  21,  the  south  half  of  the  north  half  of  Lot  22  and  the  south  half 
of  the  west  half  of  the  north  half  of  Lot  23  in  Concession  IV;   lots  19,  20,  21 
and  23  in  Concession  V;   lots  19,  20  and  21  in  Concession  VI;   lots  19,  20  and 
21  in  Concession  VII;   lots  19,  20  and  21  in  Concession  VIII;   lots  19,  20  and 
21  in  Concession  iX;   and  lots  19,  20  and  21  in  Concession  X,  all  in  the  said 
Township  of  East  Luther. 

Secondly: 

Lot  13,  the  north  half  of  Lot  16  and  all  of  lots  17  and  18  in  Concession 
V;   the  east  half  of  Lot  13  and  all  of  lots  14,  15,  16,  17  and  18  in  Concession 
VI;   the  south  half  of  Lot  13  and  all  of  lots  14,  15,  16,  17  and  18  in 
Concession  VII;   the  north  half  of  Lot  13,  the  north  half  of  Lot  14,  the  east 
half  of  the  south  half  of  Lot  14,  the  east  half  of  the  west  half  of  the  south 
half  of  Lot  14  and  all  of  lots  15,  16,  17  and  18  in  Concession  VIII;   lots  13, 
14,  15,  16,  17  and  18  in  Concession  IX;   and  lots  13,  14,  15,  16,  17  and  18  in 
Concession  X,  all  in  the  said  Township  of  West  Luther. 

Part  86 

1.  The  townships  of  Albemarle,  Amabel,  Eastnor,  Lindsay  and  St.  Edmunds  in 
the  County  of  Bruce. 

2.  The  Township  of  Keppel  in  the  County  of  Grey,  excluding  Griffith  Island. 

Part  87 

The  County  of  Grey  excluding  the  Township  of  Keppel. 

Part  88 

The  townships  of  Arran,  Brant,  Bruce,  Carrick,  Culross,  Elderslie,  Greenock, 
Kincardine,  Huron,  Kinloss  and  Saugeen  in  the  County  of  Bruce. 

Part  89 

All  those  lands  in  the  County  of  Huron  described  as  follows: 

1.  The  townships  of  Ashfield,  Colbome,  East  Wawanosh,  Hullett  and  West 
Wawanosh. 

2.  That  part  of  the  Township  of  Goderich  lying  northeast  of  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  No.  8  and  its  extension  to  the  water's 
edge  of  Lake  Huron. 


Reg.  428  GAME  AND  FISH  1075 

Part  90 

The  townships  of  Grey,  Howick,  McKillip,  Morris  and  Turnberry  in  the  Covmty 
of  Huron. 

Part  91 
All  those  lands  in  the  County  of  Huron  described  as  follows: 

1.  The  townships  of  Hay,  Stanley,  Stephen,  Tuckersmith  and  Usborne. 

2.  That  part  of  the  Township  of  Goderich  lying  southwest  of  the  centre  line  of 
that  part  of  the  King's  Highway  known  as  No.  8  and  its  extension  to  the  water's 
edge  of  Lake  Huron. 

Part  92 

All  those  lands  in  the  counties  of  Brant,  Dufferin,  Essex,  Kent,  Lambton, 
Middlesex,  Perth  and  Wellington  and  the  regional  municipalities  of  Durham, 
Halton,  Hamilton-Wentworth,  Niagara,  Peel,  Waterloo  and  York  described  as 
follows: 

1.  The  counties  of  Lambton,  Middlesex  and  Perth. 

2.  The  County  of  Essex  except  the  Township  of  Maiden. 

3.  The  County  of  Kent  except, 

{a)    the  parts  of  the  Township  of  Harwich  comprised  of, 

(i)  Lot  24  in  Concession  I, 

(ii)  Lot  24  in  the  Broken  Front  Concession,  and 

(iii)  Lot  1  according  to  a  plan  of  survey  of  the  parcel 
or  tract  of  land  known  as  Rondeau  Peninsula  or 
Point  aux  Pins  dated  the  8th  day  of  September, 
1864,  prepared  by  Henry  Lawe,  Provincial  Land 
Surveyor;  and 

(b)  the  parts  of  the  Township  of  Howard  comprised  of  lots  97,  98, 
99,  100,  101  and  102  on  Lake  Erie. 

4.  The  County  of  Wellington  except, 

(a)  the  Township  of  Puslinch?  and 

(b)  that  part  of  the  Township  of  West  Luther  comprised  of.  Lot  13,  the 
north  half  of  Lot  16  and  all  of  lots  17  and  18  in  Concession  V;   the 
east  half  of  Lot  13  and  all  of  lots  14,  15,  16,  17  and  18  in 
Concession  VI;   the  south  half  of  Lot  13  and  all  of  lots  14,  15,  16, 
17  and  18  in  Concession  VII;   the  north  half  of  Lot  13,  the  north 
half  of  Lot  14,  the  east  half  of  the  south  half  of  Lot  14,  the  east 
half  of  the  west  half  of  the  south  half  of  Lot  14  and  all  of  lots 


1076 GAME  AND  FISH Reg.  428 

15,  16,  17  and  18  in  Concession  VIII;   lots  13,  14,  15,  16,  17  and 
18  in  Concession  IX;   and  lots  13,  14,  15,  16,  17  and  18  in 
Concession  X. 

5.  The  Township  of  East  Luther  in  the  County  of  Dufferin  except  that  part 
comprised  of,  lots  20,  21,  the  south  half  of  the  north  half  of  Lot  22  and 
the  south  half  of  the  west  half  of  the  north  half  of  Lot  23  in  Concession  IV; 
lots  19,  20,  21  and  23  in  Concession  V;  lots  19,  20  and  21  in  Concession  VI; 
lots  19,  20  and  21  in  Concession  VII;  lots  19,  20  and  21  in  Concession  VIII; 
lots  19,  20  and  21  in  Concession  IX;  and  lots  19,  20  and  21  in  Concession  X, 
all  in  the  said  Township  of  East  Luther. 

6.  The  County  of  Brant  except  that  part  lying  south  of  the  centre  lines  of 
Brant  County  Roads  No.  3  and  No.  20. 

7.  The  regional  municipalities  of  Peel,  Waterloo  and  York. 

8.  That  part  of  The  Regional  Municipality  of  Halton  lying  south  of  the  centre 
line  of  the  City  of  Burlington  Side  Road  No.  1  (commonly  known  as  Burnhamthorpe 
Road) . 

9.  The  Regional  Municipality  of  Hamilton-Wentworth  except, 

(a)  the  Township  of  Flamborough,  formerly  the  townships  of  Beverly,  East 
Flamborough  and  West  Flamborough;  and 

(b).  that  part  lying  east  of  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.  56  and  south  of  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.  20. 

10.  The  Regional  Municipality  of  Niagara  except  those  parts  described  in 
Parts  99  and  100. 

11.  The  City  of  Oshawa,  the  towns  of  Ajax,  Pickering  and  Whitby  and  the  town- 
ships of  Brock  and  Uxbridge  in  The  Regional  Municipality  of  Durham. 

Part  93 

All  those  lands  in  The  Regional  Municipality  of  Halton  described  as 
follows: 

1.  The  Town  of  Halton  Hills. 

2.  That  part  of  the  Town  of  Milton  lying  north  of  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.  401. 

Part  94 

All  those  lands  in  The  Regional  Municipality  of  Halton  described  as 
follows: 

1.  That  part  of  the  Towh  of  Milton  lying  south  of  the  centre  line  of  that 
part  of  the  King's  Highway  known  as  No.  401. 

2.  That  part  of  the  City  of  Burlington  lying  north  of  the  centre  line  of  the 
City  of  Burlington  Side  Road  No.  1  (commonly  known  as  Burnhamthorpe  Road) . 


Reg.  428 GAME  AND  FISH 1077 

Part   95 

The   Township   of  Flamborough,   formerly   the   townships  of  Beverly,    East   Flamborough   and   West 
Flamborough  in  The  Regional  Municipal  of  Hamilton- Wentworth. 


Part   96 
The  Tovmship  of  Puslinch  in  the  County  of  Wellington. 

Part   97 

All  those  lands  in  the  County  of  Brant  and  The  Regional  Municipality  of 
Haldimand-Norfolk  described  as  follows: 

Beginning  at  the  intersection  of  the  water's  edge  of  Lake  Erie  with  the 
westerly  boundary  of  the  Township  of  Norfolk,  formerly  the  Township  of  Houghton, 
in  The  Regional  Municipality  of  Haldimand-Norfolk;   thence  in  a  northerly  direc- 
tion along  the  westerly  boundary  of  the  Township  of  Norfolk,  formerly  the 
Township  of  Houghton,  and  Middleton  to  the  northwesterly  corner  of  the  Township 
of  Middleton;   thence  in  an  easterly  direction  along  the  northerly  boundary  of 
the  Township  of  Middleton,  the  Township  of  Norfolk  and  the  Township  of  Delhi, 
formerly  the  Township  of  Middleton,  to  the  intersection  with  the  westerly 
boundary  of  the  Township  of  Delhi,  formerly  the  Township  of  Windham;   thence  in 
a  northerly  direction  along  the  westerly  boundary  of  the  Township  of  Delhi, 
formerly  the  Township  of  Windham,  and  the  westerly  boundary  of  the  Township  of 
Burford  in  the  County  of  Brant  to  the  intersection  with  the  centre  line  of  Brant 
County  Road  No.  3;   thence  in  an  easterly  direction  along  that  centre  line  to 
the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway  known 
as  No.  24;   thence  in  a  southerly  direction  along  that  centre  line  to  the  inter- 
section with  the  centre  line  of  Haldimand-Norfolk  Regional  Road  No.  57;   thence 
in  a  southeasterly  direction  along  that  centre  line  and  its  extension  to  the 
water's  edge  of  Lake  Erie  in  the  Compact  Rural  Community  of  Port  Ryerse;   thence 
in  a  southwesterly,  easterly,  southerly  and  westerly  direction  along  that 
water's  edge  to  the  place  of  beginning. 

Part  98 

All  those  lands  in  the  County  of  Brant  and  The  Regional  Municipality  of 
Haldimeind-Norfolk  described  as  follows: 

Beginning  at  the  intersection  of  the  water's  edge  of  Lake  Erie  with  the 
southeasterly  extension  of  Haldimand-Norfolk  Regional  Road  No.  57  in  the 
Compact  Rural  Community  of  Port  Ryerse;   thence  in  a  northwesterly  direction 
along  that  extension  and  the  centre  line  of  Haldimand-Norfolk  Regional  Road 
No.  57  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.  24;   thence  in  a  northerly  direction  along  that  centre 
line  to  the  intersection  with  the  centre  line  of  Brant  County  Road  No.  3; 
thence  in  an  easterly  direction  along  that  centre  line  to  the  intersection 
with  the  centre  line  of  Brant  County  Road  No.  20;   thence  in  a  southeasterly 


1078  GAME  AND  FISH  Reg.  428 

direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of 
Haldimand-Norfolk  Regional  Road  No.  20;   thence  in  a  southeasterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.  6  in  the  Urban  Community  of  Hagersville; 
thence  in  a  northeasterly  direction  along  that  centre  line  to  the  intersection 
with  the  eastern  bank  of  the  Grand  River  in  the  Urban  Community  of  Caledonia; 
thence  in  a  southeasterly  direction  along  that  easterly  bank  to  the  inter- 
section with  the  water's  edge  of  Lake  Erie;   thence  in  a  westerly  direction 
along  that  water's  edge  to  the  place  of  beginning. 

Part  99 

All  those  lands  in  the  regional  municpalities  of  Haldimand-Norfolk,  Hamilton- 
Wentworth  and  Niagara  described  as  follows: 

Beginning  at  the  intersection  of  the  water's  edge  of  Lake  Erie  with  the 
eastern  bank  of  the  Grand  River;   thence  in  a  northwesterly  direction  along  that 
eastern  bank  to  the  intersection  with  the  centre  line  of  that  part  of  the  King's 
Highway  known  as  No.  6  in  the  Urban  Community  of  Caledonia;   thence  in  a  northerly 
direction  along  that  centre  line  to  the  intersection  with  the  centre  line  of  that 
road  connecting  the  Dispersed  Rural  Communities  of  North  Seneca  and  Blackheath; 
thence  in  a  southeasterly  direction  along  that  centre  line  to  the  intersection 
with  that  part  of  the  King's  Highway  known  as  No.  56;   thence  in  a  northerly 
direction  along  that  centre  line  to  the  intersection  with  that  part  of  the  King's 
Highway  known  as  No.  20;   thence  in  an  easterly  direction  along  that  centre  line 
to  the  intersection  with  the  centre  line  of  Niagara  Regional  Road  No.  69;   thence 
in  an  easterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  Niagara  Regional  Road  No.  24;   thence  in  a  southerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part  of 
the  King's  Highway  known  as  No.  3;   thence  in  a  southerly  direction  along  that 
centre  line  to  the  inteifsection  with  the  centre  line  of  Niagara  Regional  Road 
No.  3;   thence  in  a  westerly  and  southerly  direction  along  that  centre  line  to 
the  intersection  with  the  line  between  lots  19  and  20,  Concession  I  of  the 
Township  of  Wainfleet,  now  the  Township  of  Wainfleet,  in  The  Regional  Municipality 
of  Niagara;   thence  in  a  southerly  direction  along  that  line  to  the  water's  edge 
of  Lake  Erie;   thence  in  a  westerly  direction  along  that  water's  edge  to  the 
place  of  beginning. 

Part  100 

All  those  lands  in  The  Regional  Municipality  of  Niagara  described  as 
follows: 

Beginning  at  the  intersection  of  the  water's  edge  of  Lake  Erie  with  the 
line  between  lots  19  and  20,  Concession  I  in  the  Township  of  Wainfleet,  now  in 
the  Township  of  Wainfleet,  in  The  Regional  Municipality  of  Niagara;   thence  in 
a  northerly  direction  along  that  line  to  the  intersection  with  the  centre  line 
of  Niagara  Regional  Road  No.  3;   thence  in  a  northerly  and  easterly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  that  part 
of  the  King's  Highway  known  as  No.  3;   thence  in  a  northerly  direction  along 
that  centre  line  to  the  intersection  with  the  centre  line  of  Niagara  Regional 
Road  No.  24;   thence  in  a  northerly  direction  along  that  centre  line  to  the 
intersection  with  the  centre  line  of  Niagara  Regional  Road  No.  69;   thence  in 
an  easterly  direction  along  that  centre  line  to  the  intersection  with  the 
centre  line  of  Niagara  Regional  Road  No.  28;   thence  in  a  southerly  direction 
along  that  centre  line  to  the  intersection  with  the  centre  line  of  Niagara 
Regional  Road  No.  32;   thence  in  a  southerly  direction  along  that  centre  line 


Reg.  428  GAME  AND  FISH  1079 

to  the  intersection  with  the  centre  line  of  that  part  of  the  King's  Highway 
known  as  No.  20;   thence  in  an  easterly  direction  along  that  centre  line  to  the 
intersection  with  the  easterly  bank  of  the  Welland  Canal;   thence  in  a  southerly 
direction  along  that  easterly  bank  to  the  intersection  with  the  southerly  bank 
of  the  Welland  River;   thence  in  an  easterly  direction  along  that  southerly 
bank  to  the  intersection  with  the  westerly  bank  of  the  Niagara  River;   thence  in 
a  southerly  direction  along  that  westerly  bank  to  the  intersection  with  the 
water's  edge  of  Lake  Erie;   thence  in  a  westerly  direction  along  that  water's 
edge  to  the  place  of  beginning. 

Part  101 
The  counties  of  Elgin  and  Oxford. 

Part  102 
The  Township  of  Maiden  in  the  County  of  Essex. 

Part  103 

All  those  lands  in  the  counties  of  Peterborough  and  Victoria  and  The 
Regional  Municipality  of  Durham  described  as  follows: 

The  Township  of  Cavan  in  the  County  of  Peterborough,  the  townships  of 
Manvers  and  Mariposa  in  the  County  of  Victoria  and  The  Township  of  Scugog, 
formerly  the  townships  of  Cartright,  Reach  and  Scugog,  and  the  Town  of  Newcastle, 
formerly  the  townships  of  Clarke  and  Darlington,  in  The  Regional  Municipality  of 
Durham. 

Part  104 

That  part  of  the  Township  of  Keppel  known  as   Griffith  Island   in  the  County 
of  Grey. 

O.  Reg.  405/78,  Sched.  1;  O.  Reg.  716/78,  s.  1;  O.  Reg.  455/79,  s.  3;  O.  Reg.  714/79,  s.  1;  O.  Reg.  243/80,  s.  3; 
O.  Reg.  521/80,  s.  2;  O.  Reg.  985/80,  ss.  1-3. 


1080 


GAME  AND  FISH 


Reg.  428 


Schedule  2 
MOOSE  HUNTING  IN  A  PARTY 


Item 

Column  1 

Parts  of  Ontario  described 

and  enumerated  in 

Schedule  1 

Column  2 

Open  Seasons 
Residents 

Column  3 

Open  Seasons 
Non-Residents 

1. 

1,  17,  25  and  26 

September  27  to 
October  31 

September  27  to 
October  3 1 

2. 

2,  3  and  4 

October  8  to 
October  31 

October  11  to 
October  31 

3. 

5,  8,  9A,  12A,  15,  18, 
19  and  21 

October  15  to 
October  3 1 

October  18  to 
October  31 

4. 

22,  24,  27,  28,  29,  30,  31, 
32,  33,  34,  35,  36,  37,  38, 
39,  40  and  42 

October  18  to 
October  31 

October  18  to 
October  31 

5. 

6,  7B,  9B,  11,  12B, 
13  and  14 

October  15  to 
October  3 1 

6. 

16 

September  27  to 
October  31 

October  4  to 
October  31 

7. 

22, 

October  18  to 
November  15 

October  18  to 
November  15 

8. 

41 

October  18  to 
October  31 

O.  Reg.  1029/80,  s.  2. 


Reg.  428 


GAME  AND  FISH 


1081 


Schedule  3 
MOOSE 


Item 

Column  1 

Parts  of  Ontario 

described  and 

enumerated  in 

Schedule  1 

Column  2 

Open  Seasons 
Residents 

Column  3 

Open  Seasons 
Non-Residents 

Column  4 
Conditions 

1. 

1,2,3,4,5,6,7B,8, 
9A,    9B,    11,    12A, 
12B,  13,  14,  IS,  16, 
17,    18,    19,  21,   22, 
25,26,  32,  33  and  35 

November  1  to 
November  15 

2. 

7A 

October  IS  to 
November  IS 

October  15  to 
October  31 

Only      bows      and 
arrows  or  flint-lock 
or    percussion    cap 
muzzle  loading  guns 
may  be  used 

3. 

23A  and  29A 

September  20  to 
October  10 

September  20  to 
October  10 

Only      bows     and 
arrows  may  be  used 

4. 

38A 

September  15  to 
September  30 

September  15  to 
September  30 

Only      bows      and 
arrows  may  be  used 

O.  Reg.  1029/80,  s.  3. 


1082 


GAME  AND  FISH 


Reg.  428 


Schedule  4 


Item 

Column  1 
Parts  of  Ontario 
described  and 
enumerated  in 
Schedule  1 

Column  2 

Open  Seasons 

Residents 

Column  3 
Open  Seasons 
Non-residents 

Column  4 
Conditions 

1. 

7B,  9  and  llA 

October  4  to 
December  15 

October  4  to 
November  15 

2. 

7B,  9  and  llA 

September  15  to 
October  3 

September  15  to 
October  3 

Only  bows  and 
arrows  or  flint- 
lock or  percussion 
cap  muzzle-loading 
guns  may  be  used. 
No  person  shall 
use  or  be  accom- 
panied by  a  dog. 

3. 

7A 

October  4  to 
December  15 

October  4  to 
November  15 

Only  bows  and 
arrows  or  flint- 
lock or  per- 
cussion cap 
muzzle-loading 
guns  may  be  used. 

4. 

10 

November  1  to 
December  15 

November  1  to 
November  15 

No  person  shall 
use  or  be  accom- 
panied by  a  dog. 

5. 

10 

September  15  to 
September  30 

September  15  to 
September  30 

Only  bows  and 
arrows  may  be 
ysed.   No  person 
shall  use  or  be 
accompanied  by 
a  dog. 

6. 

12B 

October  18  to 
December  15 

7. 

13  and  14 

October  18  to 
November  30 

8. 

14 

September  15  to 
September  30 

Only  bows  and 
arrows  may  be 
used.   No  person 
shall  use  or  be 
accompanied  by 
a  dog. 

Reg.  428 


GAME  AND  FISH 


1083 


Item 

Colvunn  1 

Parts  of  Ontario 

described  and 

enumerated  in 

Schedule  1 

Column  2 

Open  Seasons 

Residents 

Column  3 
Open  Seasons 
Non-residents 

Column  4 
Conditions 

9. 

21 

October  15  to 
November  30 

10, 

36,  37  and  47 

November  3  to 
November  15 

November  3  to 
November  15 

11. 

41  and  42 

November  3  to 
November  15 

12. 

43 

November  17  to 
November  20 

November  17  to 
November  20 

No  person  shall 
use  or  be  accom- 
panied by  a  dog. 

13. 

43 

October  11  to 
October  31 

October  11  to 
October  31 

Only  bows  and 
arrows  may  be 
used.    No  person 
shall  use  or  be 
accompanied  by 
a  dog. 

14. 

44 

November  3  to 
November  9 

No  person  shall 
use  or  be  accom- 
panied by  a  dog. 

15. 

45 

November  3  to 
November  5 

November  3  to 
November  5 

No  person  shall 
use  or  be  accom- 
panied by  a  dog. 

16. 

46,  48,  49,  50, 
53,  54,  55,  56, 
57,  58,  59,  60, 
63,  68  and  73 

November  3  to 
November  8 

November  3  to 
November  8 

17. 

61  and  62 

November  3  to 
November  15 

November  3  to 
November  15 

18. 

64,  66A,  67 
and  69B 

November  3  to 
November  7 

November  3  to 
November  7 

1084 


GAME  AND  FISH 


Reg.  428 


Item 

Column  1 

Column  2 

Column  3 

Column  4 

Parts  of  Ontario 

Open  Seasons 

Open  Seasons 

Conditions 

described  and 

Residents 

Non-residents 

enumerated  in 

Schedule  1 

19. 

66B 

October  11  to 

October  11  to 

Only  bows  and 

October  31 

October  31 

arrows  may  be 
used.   No  person 
shall  use  or  be 
accompanied  by 
a  dog. 

20. 

65 

November  3  to 

November  3  to 

Only  bows  and 

November  7 

November  7 

arrows  or  flint- 
lock or  percussion 
cap  muzzle-loading 
guns  or  shotguns 
may  be  used.    No 
person  shall  use 
or  be  accompanied 
by  a  dog. 

21. 

65 

November  10  to 
November  13 

Only  bows  and 
arrows  may  be 
used.    No  person 
shall  use  or  be 
accompanied  by 
a  dog. 

22. 

68 

October  20  to 
November  2  and 
November  9  to 
December  13 

Only  bows  and 
arrows  may  be 
used.    No  person 
shall  use  or  be 
accompanied  by 
a  dog. 

23. 

69A 

October  20  to 

October  20  to 

Only  bows  and 

December  13 

December  13 

arrows  may  be 
used.    No  person 
shall  use  or  be 
accompanied  by 
a  dog. 

24. 

69B 

October  20  to 
November  2  and 
November  8  to 
December  13 

Only  bows  and 
arrows  may  be 
used.   No  person 
shall  use  or  be 
accompanied  by 
a  dog. 

Reg.  428 


GAME  AND  FISH 


1085 


Item 

Column  1 

Column  2 

Column  3 

Column  4 

Parts  of  Ontario 

Open  Seasons 

Open  Seasons 

Conditions 

described  and 

Residents 

Non-residents 

enumbered  in 

Schedule  1 

25. 

71 

October  20  to 

October  20  to 

Only  bows  and 

November  30 

November  30 

arrows  may  be 
used.   No  person 
shall  use  or  be 
accompanied  by 
a  dog. 

26. 

72 

November  3  to 

November  3  to 

Only  bows  and 

November  5 

November  5 

arrows  or  flint- 
lock or  percussion 
cap  muzzle-loading 
guns  or  shotguns 
may  be  used.   No 
person  shall  use 
or  be  accompanied 
by  a  dog. 

27. 

74 

October  20  to 
November  2  and 
November  6  to 
December  13 

Only  bows  and 
arrows  may  be 
used.   No  person 
shall  use  or  be 
accompanied  by  a 
dog. 

28. 

75 

November  10  to 
November  29 

Only  bows  amd 
arrows  may  be 
used.   No  person 
shall  use  or  be 
accompanied  by  a 
dog. 

29. 

76,  77,  78,  79, 

November  3  to 

Only  flintlock  or 

80,  81,  82,  83, 

November  5 

percussion  cap 

84,  89,  90,  91, 

muzzle-loading 

93,  94,  95,  96, 

guns  or  shotguns 

97,  98,  99  and 

may  be  used.   No 

100 

person  shall  use 
or  be  accompanied 
by  a  dog. 

30. 

76,  77,  78,  79, 

October  20  to 

Only  bows  and 

80,  81,  82,  83, 

November  2  and 

arrows  may  be 

84,  89,  90,  91, 

November  6  to 

used.   No  person 

93,  94,  95,  96, 

December  13 

shall  use  or  be 

97,  98,  99  and 

accompanied  by  a 

100 

dog. 

1086 


GAME  AND  FISH 


Reg.  428 


Item 

Column  1 

Column  2 

Column  3 

Column  4 

Parts  of  Ontario 

Open  Seasons 

Open  Seasons 

Conditions 

described  and 

Residents 

Non-residents 

enumerated  in 

Schedule  1 

31. 

85 

October  20  to 
December  31 

Only  bows  and 
arrows  may  be 
used.    No  person 
shall  use  or  be 
accompanied  by 
a  dog. 

32. 

86 

November  3  to 

November  3  to 

No  person  shall 

November  8 

November  8 

use  or  be  accom- 
panied by  a  dog. 

33. 

86 

October  20  to 
November  2  and 
November  9  to 
December  13 

Only  bows  and 
arrows  may  be 
used.    No  person 
shall  use  or  be 
accompanied  by 
a  dog. 

34. 

87  and  88 

November  3  to 

November  3  to 

No  person  shall 

November  6 

November  6 

use  or  be  accom- 
panied by  a  dog. 

35. 

87,  88  and  101 

October  20  to 
November  2  and 
November  7  to 
December  13 

Only  bows  and 
arrows  may  be 
used.    No  person 
shall  use  or  be 
accompanied  by 
a  dog. 

36. 

92 

October  20  to 
December  13 

Only  bows  and 
arrows  may  be 
used.    No  person 
shall  use  or  be 
accompanied  by  a 
dog. 

37. 

101 

November  3  to 
November  6 

Only  bows  and 
arrows  or  flint- 
lock or  percussion 
cap  muzzle-loading 
guns  may  be  used. 
No  person  shall 
use  or  be  accom- 
panied by  a  dog. 

Reg.  428 


GAME  AND  FISH 


1087 


Item 

Column  1 

Parts  of  Ontario 

described  and 

enumerated  in 

Schedule  1 

Column  2 

Open  Seasons 

Residents 

Column  3 
Open  Seasons 
Non-residents 

Column  4 
Conditions 

38. 

102 

November  3  to 
November  4 

Only  bows  and 
arrows  or  flint- 
lock or  percussion 
cap  muzzle-loadii^g 
guns  or  shotguns 
may  be  used.    No 
person  shall  use 
or  be  accompanied 
by  a  dog. 

39. 

103 

November  3  to 
November  5 

Only  bows  and 
arrows  or  flint- 
lock or  percussion 
cap  muzzle-loading 
guns  or  shotguns 
may  be  used.    No 
person  shall  use 
or  be  accompanied 
by  a  dog. 

40. 

104 

October  13  to 
December  13 

October  13  to 
December  13 

O.  Reg.  521/80,  s.  3. 


Reg.  429 


GAME  AND  FISH 


1089 


REGULATION  429 

under  the  Game  and  Fish  Act 


ORANGEVILLE  RESERVOIR  HUNTING 
AREA 
1.  The  lands  in  respect  of  which  an  agreement  has 
been  entered  into  under  section  6  of  the  Act  and 
described  in  the  Schedule  are  designated  in  accordance 
with  paragraph  33  of  section  92  of  the  Act.  O.  Reg. 
687/73,  s.  1. 

2.  Except  as  provided  in  this  Regulation  no 
person  shall  hunt  any  animal  or  bird  in  the  area 
described  in  the  Schedule.     O.  Reg.  687/73,  s.  2. 

3.  The  holder  of  a  Canada  Migratory  Game 
Bird  Hunting  Permit  may  hunt  waterfowl,  other 
than  geese,  on  any  Monday,  Tuesday,  Wednesday, 
Friday  and  Saturday  during  the  open  season 
therefor  during  the  hours  between  one-half  hour 
before  sunrise  and  sunset  in  the  area  described  in 
the  Schedule  upon  the  condition  that, 

{a)  he  parks  his  motor  vehicle  in  an  area 
designated  as  a  parking  area; 

{b)  he  hunts  only  from  a  blind,  the  number  of 
which  corresponds  with  the  number  of  the 
area  in  which  his  motor  vehicle  is  parked ; 

(c)  the  blind  from  which  he  hunts  is  occupied 
by  no  more  than  one  other  person ;  and 

(d)  he  keeps  his  firearm  encased  except  while 
occupying  a  blind.     O.  Reg.  687/73,  s.  3. 

Schedule 

All  and  singular  that  certain  parcel  or  tract  of  land 
and  premises,  situate,  lying  and  being  in  the  Town  of 
Orangeville  and  the  Township  of  Mono,  in  the  County 
of  Dufferin,  and  being  composed  of  part  of  the  east 
half  of  Lot  1 ,  and  part  of  the  east  and  west  halves  of 
Lot  2  in  Concession  I  west  of  Hurontario  Street  in  the 
said  Town  of  Orangeville,  and  all  of  plan  298  regis- 
tered in  the  Land  Registry  Office  for  the  Registry  Divi- 
sion of  Dufferin  (No.  7),  lots  26  to  30  inclusive,  lots  9 
to  12  inclusive,  and  lots  44  to  5 1  inclusive,  as  shown  on 
plan  275  registered  in  the  Land  Registry  Office  for  the 
Registry  Division  of  Dufferin  (No.  7),  part  of  lots  25, 
26,  and  27  and  37  to  43  inclusive  as  shown  on  said  plan 
275,  part  of  Ketchum  Road  as  shown  on  said  plan  275, 
Block  B  and  part  of  Block  A  as  shown  on  plan  41 
registered  in  the  Land  Registry  Office  for  the  Registry 
Division  of  Dufferin  (No.  7),  part  of  Hurontario 
Street,  part  of  lots  3  and  4  in  Concession  I  west  of 
Hurontario  Street  and  the  west  halves  of  lots  2  and  3, 
east  half  of  Lot  4,  part  of  the  west  half  of  Lot  4,  part  of 
the  east  halves  of  lots  3  and  5  in  Concession  I  east  of 
Hurontario  Street,  part  of  Lots  4  and  5,  Concession  II, 
east  of  Hurontario  Street,  part  of  the  road  allowance 
between  concessions  I  and  II  east  of  Hurontario  Street, 
and  part  of  Hurontario  Street,  all  in  the  said  Township 
of  Mono,  and  which  may  be  more  particularly 
described  as  follows: 


Beginning  at  the  southwesterly  corner  of  the 
west  half  of  Lot  2  in  Concession  I  east  of  Hurontario 
Street,  Township  of  Mono;  thence  south  79°  44'  .50" 
west  across  Hurontario  Street  66.0  feet ;  thence 
south  10°  22'  00"  east  along  the  westerly  limit 
of  Hurontario  Street  918.27  feet,  more  or  less, 
to  the  southeasterly  corner  of  the  lands  in  Instru- 
ment 28429  Orangeville;  thence  north  75°  36' 50" 
west  along  the  southerly  limit  of  lands  in  said 
Instrument  28429  Orangeville  554.06  feet ;  thence 
south  16°  05'  40"  west  along  the  easterly  limit  of 
lands  described  in  Instrument  30885  Orangeville 
883.0  feet,  more  or  less,  to  the  intersection  with 
the  northeasterly  limit  of  that  part  of  the  King's 
Highway  known  as  No.  10  and  shown  on  the 
Ministry  of  Transportation  and  Communications 
plan  P-1835-50;  thence  northwesterly  along  the 
said  northeasterly  limit  on  a  curve  to  the  right 
having  a  radius  of  5654.58  feet,  an  arc  distance 
of  217.86  feet,  the  chord  equivalent  being  217.85 
feet  measured  north  40°  06'  40"  west  to  the  inter- 
section with  the  northerly  limit  of  the  lands 
described  in  Instrument  30885;  thence  north  73° 
38'  00"  east  along  the  said  northerly  limit  39.3  feet, 
more  or  less,  to  the  centre  line  of  the  Credit  River 
as  shown  on  plan  of  survey  R-67-207-2  by  R.  R. 
Scott,  Ontario  Land  Surveyor;  thence  northerly 
along  that  centre  line  870  feet,  more  or  less,  to  the 
southeasterly  corner  of  lands  described  in  Instru- 
ment 10656  Q.C.  Orangeville;  thence  north  75° 
32'  50"  west  along  the  southerly  limit  of  the  said 
lands  535.4  feet,  more  or  less,  to  the  intersection 
with  the  northeasterly  limit  of  that  part  of  the 
said  King's  Highway  known  as  No.  10;  thence 
north  34°  49'  30"  west  along  the  last  said  north- 
easterly limit  461.15  feet,  more  or  less,  to  the 
intersection  thereof  with  the  westerly  limit  of 
lands  described  in  said  Instrument  10656  Q.C; 
thence  north  5°  32'  00"  west  along  the  last  said 
limit  376.05  feet;  thence  north  2°  14' 50"  west 
314.78  feet,  more  or  less,  to  an  angle  therein; 
thence  north  82°  52'  30"  west  215.29  feet,  more 
or  less,  to  an  angle  therein;  thence  north  14°  13'  40" 
west  156.52  feet,  more  or  less,  to  an  angle  therein; 
thence  north  2°  33'  50"  east  294.50  feet,  more  or 
less,  to  an  angle  therein;  thence  south  71°  41' 40" 
west  164.55  feet,  more  or  less,  to  an  angle  therein; 
thence  north  34°  37'  40"  west  126.21  feet,  more 
or  less,  to  an  angle  therein;  thence  north  16°  53'  50' 
west  128.83  feet,  more  or  less,  to  an  angle  therein; 
thence  south  82°  49'  10"  west  155.19  feet,  more 
or  less,  to  an  angle  therein;  thence  south  52°  15'  00" 
west  167.2  feet,  more  or  less,  to  an  angle  therein; 
thence  south  14°  00' 30"  east  81.06  feet,  more  or 
less,  to  an  angle  therein;  thence  south  51°  18'  10' 
west  137.42  feet,  more  or  less,  to  an  angle  therein; 
thence  south  63°  58'  00'  west  along  the  southerly 
limit  of  lands  described  in  said  Instrument  10656 


1090 


GAME  AND  FISH 


Reg.  429 


Q.C.,  25.6  feet,  more  or  less,  to  the  intersection 
thereof  with  the  northeasterly  limit  of  the  said 
King's  Highway  No.  10  as  shown  on  said  Plan 
P- 18.^5  (50);  thence  northwesterly  along  the  said 
northeasterly  limit  along  a  curve  to  the  left  having 
a  radius  of  1984.86  feet,  an  arc  distance  of  49.18 
feet,  the  chord  equivalent  being  49.18  feet  measured 
on  a  course  of  north  60°  33'  50"  west  to  the  end 
of  said  curve;  thence  north  61°  16' 30*  west  along 
the  said  northeasterly  limit  375.56  feet,  more  or 
less,  to  the  intersection  thereof  with  the  limit 
between  the  Town  of  Orangeville  and  the  Town- 
ship of  Mono;  thence  north  61°  16' 30"  west  con- 
tinuing along  the  said  northeasterly  limit  347.87 
feet,  more  or  less,  to  the  intersection  thereof  with 
the  northwesterly  limit  of  lands  described  in 
Instrument  MF  4724;  thence  north  34°  09'  50"  east 
along  the  last  said  limit  96.06  feet,  more  or  less, 
to  an  angle  therein ;  thence  south  60°  43'  50"  east 
118.00  feet,  more  or  less,  to  an  angle  therein; 
thence  north  66°  26'  10"  east  86.69  feet,  more  or 
less,  to  an  angle  therein;  thence  north  10°  43'  10" 
east  73.03  feet,  more  or  less,  to  an  angle  therein; 
thence  north  33°  49'  50"  west  86.63  feet,  more 
or  less,  to  the  intersection  thereof  with  the 
southerly  limit  of  Ketchum  Road;  thence  north 
61°  19'  00"  west  92.76  feet,  more  or  less,  to  the 
northwesterly  corner  of  lands  described  in  Instru- 
ment 33586,  being  also  a  point  in  the  northerly  limit 
of  Ketchum  Road  distant  486.9  feet  measured 
northeasterly  thereon  from  the  southeasterly  corner 
of  Lot  20  as  shown  on  said  Plan  275;  thence  north 
73°  20'  10"  east  along  the  said  northerly  limit 
52.86  feet;  thence  north  25°  13'  00"  west  along  the 
westerly  limit  of  the  lands  described  in  Instrument 
MF  4425  a  distance  of  256.42  feet;  thence  south 
30°  51'  50"  west  82.09  feet,  more  or  less,  to  an 
angle  therein;  thence  north  70°  19'  10"  west  93.7 
feet,  more  or  less,  to  an  angle  therein ;  thence 
north  38°  23'  30"  west  186.56  feet,  more  or  less, 
to  the  northeast  corner  of  Lot  14  as  shown  on 
said  Plan  275;  thence  north  31°  41'  30"  west  130.04 
feet,  more  or  less,  to  an  angle  therein;  thence 
south  54°  52'  west  along  the  southeasterly  limit 
of  Lot  12  as  shown  on  said  Plan  275,  a  distance 
of  254.76  feet,  more  or  less,  to  the  most  southerly 
corner  thereof;  thence  north  48°  35'  00"  west  along 
the  northerly  limit  of  Third  Street  as  shown  on 
said  Plan  275,  a  distance  of  596.00  feet,  more 
or  less,  to  the  most  westerly  corner  of  Lot  9 ; 
thence  north  74°  01' 00"  east  17.16  feet;  thence 
north  17°  28'  20"  west  48.0  feet,  more  or  less, 
to  the  southerly  limit  of  Forest  Lawn  Avenue; 
thence  north  73°  37' 30"  east  a  distance  of  179.06 
feet,  more  or  less,  to  an  angle  therein;  thence 
south  84°  20'  20"  east  120.52  feet,  more  or  less, 
to  an  angle  therein;  thence  south  69°  41' 50" 
east  335.95  feet,  more  or  less,  to  an  angle  therein; 
thence  south  56°  00'  30"  east  70.64  feet,  more 
or  less,  to  an  angle  therein ;  thence  south  54°  49'  00" 
east  83.26  feet,  more  or  less,  to  an  angle  therein; 
thence  south  33°  32'  10"  east  120.47  feet,  more 
or  less,  to  an  angle  therein ;  thence  south  56°  26'  30" 
east  134.66  feet,  more  or  less,  to  an  angle  therein; 
thence    south    41°  03' 30"    east    61.95    feet,    more 


or  less,  to  an  angle  therein;  thence  south  24°  59'  50' 
east  102.51  feet,  more  or  less,  to  an  angle  therein; 
thence  south  59°  52'  10"  east  57.52  feet,  more 
or  less,  to  an  angle  therein ;  thence  south  75°  39'  20' 
east  25.58  feet,  more  or  less,  to  an  angle  therein; 
thence  north  80°  33'  20"  east  80.41  feet,  more 
or  less,  to  an  angle  therein;  thence  north  31°  11'  40" 
east  92.41  feet,  more  or  less,  to  an  angle  therein; 
thence  north  23°  38' 40"  east  112.25  feet,  more  or 
less,  to  an  angle  therein;  thence  north  48°  38'  10" 
east  252.84  feet,  more  or  less,  to  an  angle  therein; 
thence  north  52°  49'  40"  east  187.91  feet,  more  or 
less,  to  an  angle  therein ;  thence  north  52°  40'  30" 
east  235.80  feet,  more  or  less,  to  an  angle  therein; 
thence  north  34°  23'  00"  west  393.59  feet,  more  or 
less,  to  an  angle  therein;  thence  south  50°  16' 30" 
west  386.05  feet,  more  or  less,  to  an  angle  therein; 
thence  north  v34°  11'  10"  west  233.36  feet,  more  or 
less,  to  an  angle  therein ;  thence  north  34°  57'  50" 
west  163.05  feet,  more  or  less,  to  an  angle  therein; 
thence  north  57°  19'  10"  west  132.60  feet,  more  or 
less,  to  an  angle  therein ;  thence  north  70°  32'  50" 
west  151.52  feet,  more  or  less,  to  an  angle  therein; 
thence  south  85°  12'  40"  west  123.50  feet,  more  or 
less,  to  an  angle  therein;  thence  north  06°  31' 30' 
east  23.52  feet,  more  or  less,  to  a  post  and  wire 
fence  marking  the  existing  limit  between  the 
west  halves  of  lots  3  and  4,  Concession  I,  west 
of  Hurontario  Street;  thence  continuing  north 
6°  31'  30"  east  503.48  feet,  more  or  less,  to  an 
angle  therein;  thence  north  66°  08'  40"  east  232.00 
feet,  to  an  angle  therein;  thence  north  11°  27' 00" 
west  1486.26  feet,  more  or  less,  to  an  angle  therein; 
thence  north  72°  41'  40"  east  508.51  feet,  more  or 
less,  to  an  angle  therein ;  thence  south  9°  04'  00" 
east  along  the  centre  line  of  Concession  I  west  of 
Hurontario  Street  a  distance  of  31.10  feet,  more 
or  less,  to  an  angle  therein;  thence  north  73°  33'  10" 
east  1127.58  feet,  more  or  less,  to  an  angle  therein; 
thence  south  57°  01'  40"  east  787.30  feet,  to  an 
angle  therein;  thence  south  16°  02' 30"  east  405.70 
feet,  more  or  less,  to  an  angle  therein;  thence 
south  37°  32'  00"  east  230.43  feet,  more  or  less, 
to  an  angle  therein ;  thence  south  50°  09'  20"  east 
393.51  feet,  more  or  less,  to  an  angle  therein; 
thence  north  79°  16'  20"  east  104.38  feet,  to  a  point 
in  the  easterly  limit  of  the  east  half  of  said  Lot  4, 
Concession  I,  west  of  Hurontario  Street,  distant 
369.78  feet,  measured  northerly  thereon  from 
the  southeasterly  angle  thereof;  thence  north 
10°  15'  30"  west  along  the  last  said  easterly  limit, 
being  also  the  westerly  limit  of  Hurontario  Street 
285.43  feet ;  thence  north  75°  43'  10"  east  across 
Hurontario  Street  a  distance  of  66.16  feet,  more 
or  less,  to  a  point  in  the  westerly  limit  of  the 
west  half  of  said  Lot  4,  Concession  I,  east  of 
Hurontario  Street,  distant  659.63  feet,  measured 
northerly  thereon  from  the  southwesterly  corner 
thereof;  thence  north  75°  43'  10"  east  a  distance 
of  165.69  feet,  more  or  less,  to  an  angle  therein; 
thence  south  19°  32'  10"  east  a  distance  of  648.52 
feet,  more  or  less,  to  a  point  in  the  southerly  limit 
of  the  last  said  Lot  4,  distant  265.97  feet,  measured 
easterly  thereon  from  the  southwesterly  corner 
thereof;    thence   north    73°  09' 10"   east   along   the 


Reg.  429 


GAME  AND  FISH 


1091 


last  said  southerly  limit  645.13  feet,  more  or 
less,  to  an  angle  therein;  thence  north  49°  01' 00' 
east  42.33  feet,  to  an  angle  therein;  thence  north 
05°  37' 20'  east  148.15  feet;  thence  north  68° 
32' 40'  east  217.70  feet;  thence  north  31°  59' 10" 
east  438.57  feet ;  thence  north  42°  20'  30'  east  165.69 
feet;  thence  north  41°  46' 50'  east  243.42  feet; 
thence  north  36°  34'  30'  east  305.50  feet ;  thence 
north  36°  34'  30'  east  29.64  feet ;  thence  north 
0°  48'  50'  west  513.30  feet;  thence  north  17°  44'  50' 
east  127.55  feet,  more  or  less,  to  a  point  in  the 
easterly  limit  of  the  west  half  of  Lot  4,  Con- 
cession I,  east  of  Huron tario  Street;  thence  north 
10°  12'  20'  west  along  the  last  said  limit  a  distance 
of  395.91  feet,  more  or  less,  to  the  northwesterly 
corner  of  the  west  half  of  said  Lot  4;  thence  north 
72°  23'  00'  east  along  the  northerly  limit  of  the 
east  half  of  said  Lot  4  a  distance  of  1663.25 
feet;  thence  north  10°  45' 00'  east  222.13  feet; 
thence  north  54°  26'  00'  east  399.36  feet ;  thence 
north  44°  or  00'  east  144.91  feet,  more  or  less, 
to  a  point  in  the  easterly  limit  of  the  east  half 
of  Lot  5,  Concession  I,  east  of  Hurontario  Street, 
distant  390.58  feet,  measured  northerly  thereon 
from  the  southeasterly  angle  thereof;  thence  north 
10°  16'  00'  west  along  the  last  said  easterly  limit, 
being  also  the  westerly  limit  of  the  road  allowance 
between  concessions  I  and  II  east  of  Hurontario 
Street,  133.94  feet;  thence  north  74°  29' 50'  east 
across  the  last  said  road  allowance  66.25  feet 
to  a  point  in  the  westerly  limit  of  the  west  half 
of  Lot  5,  Concession  II,  east  of  Hurontario  Street, 
distant  521.78  feet,  measured  northerly  thereon 
from  the  southwesterly  angle  thereof;  thence  north 
73°  43'  20'  east  161.37  feet;  thence  north  41'  17'  20' 
east  273.17  feet;  thence  north  59°  43' 10'  east 
182.15  feet;  thence  north  70°  03' 30'  east  150.31 
feet;  thence  north  24°  52' 30'  east  104.47  feet; 
thence  north  01°  54'  10'  west  313.85  feet;  thence 
south  54°  17' 10'  east  244.40  feet;  thence  south 
83°  28'  00'  east  169.06  feet,  to  a  point  in  the 
existing  limit  between  the  east  and  west  halves 
of  the  west  half  of  said  Lot  5;  thence  north 
83°  00'  20'  east  820.26  feet ;  thence  north  69°  56'  40' 
east  363.26  feet ;  thence  south  36°  43'  40'  east 
712.14  feet;  thence  south  15°  29' 50'  east  459.95 
feet;  thence  south  74°  14' 10'  west  479.92  feet; 
thence  south  13°  19'  40'  east  277.40  feet,  more 
or  less,  to  a  point  in  the  limit  between  the  north 
and  south  halves  of  the  west  half  of  Lot  4,  Con- 
cession II,  east  of  Hurontario  Street;  thence 
south  72°  59'  50*  west  along  the  last  said  limit  a 
distance  of  183.27  feet;  thence  south  73°  05' 50' 
west  continuing  along  the  last  said  limit  a  distance 
of  912.64  feet,  moiC  or  less,  to  a  point  in  the  last 
said  limit  distant  1091.91  feet  measured  on  a 
course  of  north  73°  13'  50'  east  from  the  inter- 
section of  the  last  said  limit  with  the  westerly 
limit  of  the  west  half  of  Lot  4;  thence  south 
7°  44'  10'  east  70.28  feet;  thence  south  13°  59' 00' 
east  379.55  feet;  thence  north  60°  21' 10'  west 
225.32  feet;  thence  south  78°  34' 20'  west  515.42 
feet;  thence  south  74°  17'  10'  west  350.59  feet; 
thence  south  5°  17'  40'  west  283.44  feet,  more  or 
less,  to  a  point  in  the  westerly  limit  of  the  west 


half  of  said  Lot  4,  Concession  II,  east  of  Hurontario 
Street,  distant  419.44  feet  measured  northerly 
thereon  from  the  southwesterly  corner  thereof; 
thence  south  9°  27'  20'  east  along  the  last  said 
limit,  being  also  the  easterly  limit  of  the  road 
allowance  between  concessions  I  and  II  east  of 
Hurontario  Street  a  distance  of  253.25  feet;  thence 
south  73°  04'  20'  west  across-  the  last  said  road 
allowance  a  distance  of  66.58  feet,  more  or  less, 
to  a  point  in  the  easterly  limit  of  the  east  half 
of  Lot  4,  Concession  I,  east  of  Hurontario  Street; 
thence  south  9°  27'  20'  east  along  the  last  said  limit 
a  distance  of  170.71  feet,  more  or  less,  to  the 
southeasterly  corner  of  the  east  half  of  Lot  4, 
Concession  I,  east  of  Hurontario  Street;  thence 
south  73°  03'  30'  west  along  the  southerly  limit 
of  the  east  half  of  last  said  Lot  4  a  distance  of 
605.44  feet;  thence  south  9°  02' 10'  west  223.61 
feet;  thence  south  53°  42' 40'  west  105.59  feet; 
thence  north  63°  35' 30'  west  117.86  feet;  thence 
north  59°  36' 20'  west  109.14  feet;  thence  south 
47°  01'  40"  west  104.64  feet;  thence  south  0°  16'  00' 
west  221.47  feet;  thence  south  26°  09' 00"  west 
323.19  feet;  thence  south  32°  45' 30'  west  221.08 
feet;  thence  south  62°  34' 50'  west  206.12  feet; 
thence  south  44°  55' 20'  west  154.02  feet;  thence 
south  22°  33'  40'  west  95.55  feet ;  thence  south 
36°  39'  10'  west  130.82  feet ;  thence  south  52°  57'  10' 
west  137.98  feet;  thence  south  60°  08' 20'  east 
67.78  feet;  thence  north  60°  44' 40'  east  332.04 
feet ;  thence  north  49°  54'  30'  east  299.63  feet ; 
thence  north  58°  42'  10'  east  303.20  feet ;  thence 
north  78°  04'  30'  east  208.24  feet ;  thence  south 
40°  05'  50'  west  107.20  feet ;  thence  south  58°  07'  00' 
west  298.52  feet;  thence  south  29°  34' 10'  west 
506.50  feet;  thence  north  53°  50' 30'  west  136.44 
feet ;  thence  south  85°  29'  40'  west  91.81  feet ;  thence 
south  20°  45' 40'  west  102.78  feet;  thence  north 
78°  49'  00'  west  102.53  feet ;  thence  south  60°  47'  40' 
west  256.46  feet,  more  or  less,  to  a  point  being  the 
existing  limit  between  the  east  and  west  halves 
of  Lot  3,  Concession  I,  east  of  Hurontario  Street; 
thence  south  9°  56'  55'  east  along  the  last  said  limit 
a  distance  of  695.23  feet,  more  or  less,  to  the 
southeasterly  corner  of  the  west  half  of  said  Lot  3 ; 
thence  south  06°  33'  40'  east  along  the  easterly 
limit  of  the  west  half  of  Lot  2,  Concession  I,  east 
of  Hurontario  Street,  a  distance  of  835.28  feet; 
thence  south  10°  15'  40'  east  continuing  along 
the  last  said  limit  361.19  feet;  thence  south 
11°  18' 50'  east  continuing  along  the  last  said 
limit  131.36  feet;  thence  south  12°  45' 20'  east 
continuing  along  the  last  said  limit  674.86  feet, 
more  or  less,  to  the  southeasterly  corner  of  the 
west  half  of  the  last  said  Lot  2;  thence  south 
73°  04'  20'  west  along  the  south  limit  of  the  last 
said  Lot  2  a  distance  of  1077.49  feet;  thence  south 
73°  04'  40'  west  continuing  along  the  last  said 
hmit  936.70  feet;  thence  south  72°  32' 30"  west 
continuing  along  the  last  said  limit  being  also 
the  northerly  limit  of  Lot  18  as  shown  on  Plan 
Number  60  registered  in  the  Land  Registry  Office  for 
the  Registry  Division  of  Dufferin  (No.  7),  a  distance  of 
201.11  feet,  more  or  less,  to  the  point  of  begin- 
ning.    O.  Reg.  687/73,  Schedule. 


Reg.  430 


GAME  AND  FISH 


1093 


REGULATION  430 

under  the  Game  and  Fish  Act 


PERMIT  TO  EXPORT  GAME 


1.  An  export  permit  to  export  from  Ontario, 


(a)  a  bear  or  any  part  thereof  shall  be  in  Form  1 ; 

(6)  a  deer  or  any  part  thereof  shall  be  in  Form  2 ; 
and 

(c)  a  moose  or  any  part  thereof  shall  be  in 
Form  3.    R.R.O.  1970,  Reg.  375,  s.  1. 


2.  The  fee  for  an  export  permit  in  a  Form  in 
column  1  of  the  Schedule  is  the  fee  in  column  2 
set  opposite  thereto.    R.R.O.  1970,  Reg.  375,  s.  2. 


3.  An  export  permit  in  Form  1,  Form  2  or  Form  3, 
as  the  case  may  be,  expires  with  the  day  shown  on  the 
permit.     R.R.O.  1970,  Reg.  375,  s.  3. 

Schedule 


Column  1 

Column  2 

Form 

Fee 

1 

2 
3 

$20 
20 
25 

O.  Reg.  50/80,  s.  1. 


Form  1 
Game  and  Fish  Act 
EXPORT  PERMIT  BEAR  19 . . 


Fee  $20.00 


Non-resident  hunting  licence  No. 


Under  the  Game  and  Fish  Act  and  the  regulations,  and 
subject  to  the  limitations  thereof,  this  export  permit  is  issued 
to 


Last  Name 
CHECK  V  Mr. 
Miss 
Mrs. 


First  Name 

Init. 

Street  Address 

.  P.O. 

Box  No.  or  Rural  Route 

1094 


GAME  AND  FISH 


Reg.  430 


City  or  Town 


Province  or  State 


Seal  No. 


Zip  Code 


to  export  from  Ontario  one  bear  or  any  part  thereof. 

This  permit  expires  with  the day  of ,  19  .  . 

R.R.O.  1970.  Reg.  375.  Form  1. 
Form  2 

Game  and  Fish  Act 
EXPORT  PERMIT  DEER  19.  Non-resident  hunting  licence  No. 


Fee  $20.00 


Under  the  Game  and  Fish  Act  and  the  regulations,  and 
subject  to  the  limitations  thereof,  this  export  permit  is  issued 
to 


CHECK  V  Mr. 

Miss 
Mrs. 


Last  Name 


First  Name 


Init. 


Street  Address 

.  P.O. 

Box  N 

0.  or  Rural  Route 

1 

City  or  Town                                           Province  or  State 

Seal  No. 


Zip  Code 


to  export  from  Ontario  one  deer  or  any  part  thereof. 

This  permit  expires  with  the day  of ,  19  . 

R.R.O.  1970,  Reg.  375,  Form  2. 


Reg.  430 


GAME  AND  FISH 


1095 


Form  3 

Game  and  Fish  Act 
EXPORT  PERMIT  MOOSE  19  .  . 


Non-resident  hunting  licence  No. 


Fee  $25.00 


Under  the  Game  and  Fish  Act  and  the  regulations,  and 
subject  to  the  limitations  thereof,  this  export  permit  is  issued 
to 


CHECK  V  Mr. 

Miss 
Mrs. 


Last  Name 


First  Name 


Init. 


Street  Address 

,  P.O. 

Box  N 

0.  or  Rural  Route 

City  or  Town                                           Province  or  State 

Seal  No. 


Zip  Code 


to  export  from  Ontario  one  moose  or  any  part  thereof. 

This  permit  expires  with  the day  of ,  19 . 

R.R.O.  1970,  Reg.  375,  Form  3. 


1 


Reg.  431 GAME  AND  FISH 1097 

REGULATION  431 

under  the  Game  and  Fish  Act 
POLAR  BEARS 

1.  The  holder  of  a  licence  in  Form  2  of  (Regulation  415  of  Revised  Regulations  of  Ontario,  1980  may, 

(a)  take  or  kill  a  polar  bear  in  defence  of  his  property  on  the  area  described  in  his  licence;  and 

(b)  sell  the  pelt  of  the  polar  bear  taken  in  accordance  with  clause  (a),  provided  that  the  pelt  is  sealed  in  the 
manner  set  out  in  section  8  of  Regulation  415  of  Revised  Regulations  of  Ontario,  1980.  O.  Reg. 
115/71,  s.  2. 


Reg.  432  GAME  AND  FISH  1099 


REGULATION  432 

under  the  Game  and  Fish  Act 

POSSESSION  AND  USE  OF  FIRE-ARMS  IN  DARLINGTON  PROVINCIAL  PARK 

1.  Any  person  sixteen  years  of  age  or  over  may  on  the  Saturday  and  Sunday  next  following  the  first  Monday 
in  September  in  any  year, 

(o)   possess  a  shotgun  in  Darlington  Provincial  Park,  provided  that  on  entering  the  park  he, 

(i)   identifies  himself  to  the  officer  in  charge, 

(ii)   proceeds  directly  to  the  area  of  the  park  designated  by  the  officer  in  charge,  and 

(iii)   keeps  the  shotgun  encased  while  proceeding  to  the  area  designated  by  the  officer  in  charge;  and 

(b)   use  a  shotgun  only  for  trap-shooting  in  the  part  of  Darlington  Provincial  Park  designated  for  that 
purpose  by  the  officer  in  charge.     O.  Reg.  715/79,  s.  1. 


Reg.  433 


GAME  AND  FISH 


1101 


REGULATION  433 


under  the  (iame  and  Fish  Act 


SALE  OF  BASS  AND  TROUT 
AND  FISHING  PRESERVES 

SALE  OF  BASS  AND  TROUT 

1.  A  licence  under  subsection  12  (1)  of  the  Act  shall 
be  in  Form  1  in  respect  of  bass  or  trout  propagated  in 
Ontario  and  in  Form  2  in  respect  of  the  sale  for  human 
consumption  of, 

(a)  trout  taken  from  waters  outside  Ontario; 

(b)  live  trout  propagated  in  Ontario  and  offered 
for  sale  in  restaurants  and  retail  stores;  or 

(c)  surplus  stocks  of  trout  held  by  the  licensee 
under  a  fishing  preserve  licence.     O.   Reg. 

181/71,  s.  1. 

2.  An  application  for  a  licence  in  Form  1  shall 
be  in  Form  3  and  an  application  for  a  licence  in 
Form  2  shall  be  in  Form  4.     O.  Reg.  181/71,  s.  2. 

3.  The  fee  for  a  licence  in  Form  1  is  ,S30.  O.  Reg. 
921/80,  s.  1. 

4.  A  licence  in  Form  1  shall  be  issued  only  in 
respect  of  a  parcel  of  land  owned  or  leased  by  the 
applicant  and  containing, 

(a)  an  artificial  or  man-made  bod\  of  water 
lying  wholly  within  such  parcel  of  land, 
containing  water  from  surface  run-off, 
natural  springs,  ground  water  or  water 
diverted  or  pumped  from  a  stream  or  lake, 
but  not  being  composed  of  natural  streams, 
ponds  or  lakes  or  water  impounded  by  the 
damming  of  natural  streams; 

(b)  a  natural  pond  or  lake  the  bed  of  which  is 
owned  by  the  applicant  and  from  which 
no  water  flows  into  any  other  natural 
body  of  water; 

(c)  the  source  of  a  natural  stream;  or 

(d)  waters  that  were  in  1970  licensed  under  a 
licence  to  sell  largemouth  bass,  smallmouth 
bass,  brook  trout  or  rainbow  trout  for  the 
purpose  of  stocking.  O.  Reg.  181/71,  s.  4; 
O.  Reg.  517/73,  s.  1. 

5. — (1)  Ever>'  person  who  sells  for  human  con- 
sumption a  brook  trout  or  rainbow  trout  in  respect  of 
which  he  has  a  bill  of  sale  or  other  evidence  of 
the  purchase  referred  to  in  section  10  is  deemed 
to  be  the  holder  of  a  licence  to  sell  trout.  O.  Reg. 
892/78,  s.  1. 


(2)  Section  11  does  not  apply  to  a  person  mentioned 
in  subsection  (1).     O.  Reg.  181/71,  s.  5  (2). 

6.  A  licence  in  Form  1  or  Form  2  is  valid  only  for 
the  species  of  fish  specified  in  the  licence.  O.  Reg. 
181/71,  s.  6. 

7.  The  holder  of  a  licence  in  Form  1  shall  not 
sell  a  fish  mentioned  in  the  licence  that  has  not 
been  taken  from  the  waters  on  the  land  in  Ontario 
that  is  specified  in  the  licence.     O.  Reg.  181/71,  s.  7. 

8.  The  holder  of  a  licence  in  Form  1  shall  not 
sell  any  fish  taken  from  the  waters  on  the  land 
specified  in  the  licence  if  any  fish  in  the  waters 
is  infected  with  organisms  causing  bacterial  kidney 
disease,  infectious  pancreatic  nicrosis,  viral  hemor- 
rhagic septicemia,  infectious  hematopoetic  nicrosis 
or  whirling  disease.     O.  Reg.  892/78,  s.  2. 

9. — (1)  \  licence  in  Form  1  expires  with  the  31st 
day  of  December  next  following  the  date  of  issue. 

(2)  A  licence  in  Form  2  expires  with  the  31st  day 
of  December  next  following  the  date  of  issue  or 
such  earlier  date  as  may  be  specified  in  the  licence. 
O.  Reg.  181/71,  s.  9. 

10. — (1)  The  holder  of  a  licence  in  Form  1  or  in 
Form  2  shall  not  sell  brook  or  rainbow  trout  for 
human  consumption  unless  at  the  time  of  the  sale 
he  delivers  to  the  purchaser  a  bill  of  sale  or  other 
evidence  of  the  purchase  in  a  form  supplied  by  the 
Ministry  of  Natural  Resources. 

(2)  The  bill  of  sale  or  other  evidence  of  the  pur- 
cha.se  referred  to  in  subsection  (1)  shall  be  retained 
by  the  purchaser  for  as  long  as  the  fish  described 
therein  are  in  his  possession  and  he  shall  produce 
the  bill  of  sale  or  other  evidence  of  the  purchase 
and  show  it  to  any  officer  whenever  requested  by 
the  officer.     O.  Reg.  892/78,  s.  3. 

11.  The  holder  of  a  licence  in  Form  1  shall  not 
sell  a  fish  for  stocking  unless  he  has  obtained  or 
the  purchaser  produces  a  permit  issued  by  the 
Minister  under  the  Ontario  Fishery  Regulations 
authorizing  the  stocking.     O.  Reg.  181/71,  s.  11. 

FISHING  PRESERVES 

12.  A  licence  to  own  or  operate  a  fishing  preserve 
shall  be  in  Form  6  and  the  fee  therefor  is  $60. 
O.  Reg.  921/80,  s.  2. 

13.  An  application  for  a  licence  in  Form  6  shall  be 
in  Form  7.     O.  Reg.  181/71,  s.  14. 


1102 


GAME  AND  FISH 


Reg.  433 


14.  A  licence  in  Form  6  expires  with  the  31st  day  of 
December  next  following  the  date  of  issue.  O.  Reg. 
181/71,  s.  IS. 

15. — ( 1)  No  person  shall  remove  from  a  fishing  pre- 
serve any  brook  trout  or  rainbow  trout, 

(a)  during  the  closed  season  therefor;  or 

(b)  in  excess  of  the  daily  catch  limit, 

unless  he  has  in  his  possession  and  retains  in  his 
possession  for  as  long  as  the  trout  is  in  his  possession, 
a  document  given  to  him  by  the  owner  or  operator 
of  the  fishing  preserve  evidencing  that  the  trout 
was  taken  on  the  preserve. 

(2)  The  document  mentioned  in  subsection  (1)  shall 
be  in  a  form  supplied  by  the  Ministry  of  Natural 
Resources.     O.  Reg.  892/78,  s.  5. 

16.  A  fishing  preserve  in  respect  of  which  an  appli- 
cation under  section  13  of  this  Regulation  has  not  been 
made  is  exempt  from  section  73  of  the  Act  and  sections 
12  to  15,  both  inclusive,  of  this  Regulation.     O.  Reg. 

181/71,  s.  18. 

Form    1 


Game  and  Fish  Act 


19. 


No. 


LICENCE  TO  PROPAGATE  AND  SELL 
BASS  AND  TROUT 

Under  the  Game  and  Fish  Act  and  the  regula- 
tions and  subject  to  the  limitations  thereof, 
this  licence  is  granted  to: 


of 


to  propagate  and  sell  for  the  purposes  of. 


(.strike  out 
inapplicable 
species, 
if  any) 


(a)  stocking,  smallmouth  bass,  large- 
mouth  bass,  brook  trout  and  rain- 
bow trout;  and 

(b)  human  consumption,  brook  trout 
and  rainbow  trout. 


The  fish  sold  under  this  licence  shall  be 
taken  from  the  waters  on  the  following 
parcel  of  land: 


This  licence  expires  with  the  31st  day  of 
December  next  following  the  date  on  which 
it  is  issued. 


(date) 


(signature  of  issuer) 
O.  Reg.  181/71,  Form  1. 
Form  2 
Game  and  Fish  Act 

No.. 
19... 
LICENCE  TO  SELL  TROUT 


Under  the  Game  and  Fish  Act  and  the  regula- 
tions and  subject  to  the  limitations  thereof, 
this  licence  is  granted  to: 


to  .sell  for  human  consumption. 


(strike  out 

inapplicable 

species 

and 

clau.ses) 


(a)  brook  trout  and  rainbow  trout 
taken  from  waters  outside 
Ontario; 

(b)  live  brook  trout  and  rainbow  trout 
propagated  in  Ontario,  in  a  res- 
taurant or  retail  store; 

(c)  surplus  stocks  of  brook  trout  and 
rainbow  trout  held  by  the  licensee 
under  Fishing  Preserve  Licence 
No 


at  the  following  address: 


This  licence  expires  with  the day  of 

,  19.  . . 


(date)  (signature  of  issuer) 

O.  Reg.  181/71,  Form  2;  O.  Reg.  41/72,  s.  1. 

Form  3 
Game  and  Fish  Act 

No 


19. 


APPLICATION  FOR  A  LICENCE  TO 
PROPAGATE  AND  SELL  BASS  AND  TROUT 


Reg.  433 


GAME  AND  FISH 


1103 


Under  the  Game  and  Fish  Act  and  the  regula- 
tions and  subject  to  the  limitations  thereof, 


(print  full  name,  surname  preceding) 


(post  office  address) 

makes  application  for  a  licence  to  propagate 
and  sell  for  the  purpose  of, 

(strike  out  (a)  stocking,   smallmouth  bass,   large- 
inapplicable  mouth    bass,     brook    trout    and 
species,  rainbow  trout;  and 
if  any) 

{b)  human  consumption,   brook  trout 
and  rainbow  trout. 

1.  From  whom  will  you  obtain  your  fish 
stock? 


(name) 
(address) 


2.  Will  brood  stock  be  retained  for 
propagation? 

3.  The  fish  to  be  sold  will  be  taken  from 
the  water  on  the  parcel  of  land 
described  as  follows: 


Lot 

Township 


Concession 

County  or 
District .  . 


4.  I  enclose  cheque— money  order— in  the 

amount  of  $30  in  payment  of  the  licence 
fee. 


(date)  (signature  of  applicant) 

O.  Reg.  181/71,  Form  3;  O.  Reg.  921/80,  s.  3. 
Form  4 
Game  and  Fish  Act 

19... 

APPLICATION  FOR  A  LICENCE  TO 
SELL  TROUT 

Under  the  Game  and  Fish  Act  and  the  regula- 
tions and  subject  to  the  limitations  thereof, 

(print  full  name,  surname  preceding) 
(post  office  address) 


makes  application  for  a  licence  to  sell  for 
human  consumption, 


(strike  out 
inapplicable 
species 
and  clauses, 
if  any) 


(a)  brook  trout  and  rainbow  trout 
taken  from  waters  outside 
Ontario; 

(b)  live  brook  trout  and  rainbow  trout 
propagated  in  Ontario  in  a 
restaurant  or  retail  store; 

(c)  surplus  stocks  of  brook  trout  and 
rainbow  trout  held  by  me  under 
Fishing  Preserve  Licence  No 


at  the  following  address: 


at  which  is  situate  a, 

r]  processing  or  packaging  plant: 

□  restaurant: 

□  retail  store: 

□  other  

(specify) 

State  province  or  country  from  which  fish 
are  to  be  imported  (if  applicable) 


(date) 


(signature  of  applicant) 
O.  Reg.  181/71,  Form  4. 
Form  5 

Game  and  Fish  Act 

ANNUAL  REPORT  AS  TO  BROOK  TROUT 

AND  RAINBOW  TROUT  SOLD  FOR 

HUMAN  CONSUMPTION 

Name  of  Licensee   


Address  of  Licensee 


Number  of  Licence  expiring  December  31,   19. 
Sale  of  Fish  by  Licensee  From 
January  1,  19 ....  to  December  31,  19 ... . 


1104 


GAME  AND  FISH 


Reg.  433 


Species 

Number                  Weight 

(date) 

(signature  of  licensee) 

0.  Reg.  181/71,  Form  5. 

Form  6 

Game  and  Fish  Act 

No 

19... 
FISHING  PRESERVE  LICENCE 

Under  the  Game  and  Fish  Act  and  the  regulations  and 
subject  to  the  limitations  thereof  this  licence  is  granted 
to: 

(print  full  name,  surname  preceding) 


(post  office  address) 

to  own  or  operate  a  fishing  preserve  on  the  following 
parcel  of  land: 


This  licence  expires  with  the  31st  day  of  December 
next  following  the  date  on  which  it  is  issued. 


(date) 


(signature  of  issuer) 
O.  Reg.  181/71,  Form  6. 


No. 


Form  7 

Game  and  Fish  Act 

19... 


APPLICATION  FOR  A  FISHING 
PRESERVE  LICENCE 

Under  the  Game  and  Fish  Act  and  the  regulations  and 
subject  to  the  limitations  thereof, 

(print  full  name,  surname  preceding) 


(post  office  address) 

makes  application  for  a  licence  to  own  or  operate 
a  fish  preserve  on  the  following  parcel  of  land: 


Concession 

County  or  District 


Lot 

Township   

Other 

1.  What  is  the  source  of  your  water  supply? 


2.  What  species  of  fish  will  you  be  providing  for 
angling  purposes? 

3.  I  enclose  cheque— money  order— in  the  amount 
of  $60  in  payment  of  the  licence  fee. 

(signature  of  applicant) 


(date) 
O.  Reg.  181/71,  Form  7;  O.  Reg.  921/80,  s.  4. 


/ 


Reg.  434 


GAME  AND  FISH 


1105 


REGULATION  434 


under  the  Game  and  Fish  Act 


STAG  ISLAND  HUNTING  AREA 

1.  The  Crown  lands  described  in  the  Schedule  are 
designated  in  accordance  with  paragraph  33  of  section 
92  of  the  Act.     O.  Reg.  765/77,  s.  1. 

2.  Except  as  provided  in  this  Regulation,  no 
person  shall  hunt  any  animal  or  bird  in  the  area 
described  in  the  Schedule.     O.  Reg.  765/77,  s.  2. 

3.  The  holder  of  a  licence  in  Form  5  of  Regulation 
420  of  Revised  Regulations  of  Ontario,  1980j  may  hunt 
ducks,  geese,  rails,  coots  and  gallinules  on  any  day, 
except  Sunday,  during  the  open  season  therefor,  in  any 
year  during  the  hours  between  one-half  hour  before 
sunrise  and  one-half  hour  after  sunset  in  the  area 
described  in  the  Schedule,  upon  condition  that, 

(a)  he  anchors  his  boat  at  a  stake  planted  and 
numbered  by  an  officer  of  the  Ministry ; 

(ft)  he  hunts  only  from  a  blind  supplied  by  the 
Ministry,  the  number  of  which  corresponds 
with  the  number  of  the  stake  referred  to  in 
clause  (a); 

(t)  the  blind  from  which  he  hunts  is  occupied 
by  no  more  than  one  other  person;  and 

(d)  he  keeps  his  fire-arm  unloaded  and  encased 
while  proceeding  to  or  from  a  blind. 
O.  Reg.  765/77,  s.  3;  O.  Reg.  798/80,  s.  1. 


Schedule 

All  that  parcel  of  land  situate  in  the  Township  of 
Moore  in  the  County  of  Lambton,  and  being  composed 
of  part  of  Stag  Island  and  the  bed  of  the  St.  Clair 
River,  described  as  follows: 

Premising  that  the  bearings  hereinafter  mentioned 
are  astronomical ; 

Beginning  at  a  point  in  the  high-water  mark  of  the 
St.  Clair  River  on  the  easterly  shore  of  Stag  Island 
distant  1,241.26  feet  measured  north  81'  12' 2' 
west  from  a  point  distant  1,013.43  feet  measured 
north  87^  21'  2'  west  from  the  intersection  of  the 
westerly  limit  of  River  Road  with  the  westerly 
production  of  the  line  between  lots  54  and  55  in  the 
Front  Concession ; 

Thence  south  6°  39'  6'  west  1,614.62  feet; 

Thence  south  3°  32'  0'  west  1,315.12  feet; 

Thence  north  88°  51'  0"  west  264.0  feet; 

Thence  north  8°  34'  0'  west  2.902.02  feet ; 

Thence  north  1 T  3'  0'  east  285.65  feet ; 

Thence  south  75^  08'  0'  east  941.82  feet,  more  or 
less,  to  the  place  of  beginning.  O.  Reg.  765/77, 
Sched. 


Reg.  435 


GAME  AND  FISH 


1107 


REGULATION  435 


under  the  Game  and  Fish  Act 


TINY  MARSH  HUNTING  AREA 

1.  The  Crown  lands  described  in  the  Schedule  are 
designated  in  accordance  with  paragraph  33  of  section 
92  of  the  Act.     O.  Reg.  646/80,  s.  1. 

2.  Except  as  provided  in  this  Regulation,  no  person 
shall  hunt  in  the  area  described  in  the  Schedule  on  the 
first  day  of  the  open  season  for  migratory  game  birds  in 
the  area.     O.  Reg.  646/80,  s.  2. 

3.  During  the  open  season  therefor,  the  holder  of  a 
licence  in  Form  5  of  Regulation  420  of  Revised  Regu- 
lations of  Ontario,  1980  may  hunt  ducks,  geese,  coots, 
rails,  gallinules,  woodcock,  snipe,  grouse,  pheasants, 
rabbits,  fox  and  wolf  on  the  day  mentioned  in  section  2 
in  the  area  described  in  the  Schedule  if, 

(o)  he  deposits  his  licence  with  the  officer  in 
charge  and  obtains  a  licence  in  Form  1;  and 

ib)  there  are  no  more  than  299  other  persons 
hunting  in  the  area  described  in  the  Schedule 
at  the  time  he  presents  his  licence  to  the  officer 
in  charge.     O.  Reg.  646/80,  s.  3. 

Schedule 

All  that  parcel  or  tract  of  land  in  the  Township  of 
Tiny  in  the  County  of  Simcoe  described  as  follows: 

Beginning  at  the  southwesterly  corner  of  Lot  2 1  in 
Concession  I;  thence  northerly  along  the  westerly  limit 
of  said  Lot  2 1  to  the  intersection  with  the  line  between 
the  north  half  and  south  half  of  Lot  22  in  Concession  I; 
thence  westerly  along  the  said  line  between  the  north 
half  and  south  half  of  said  Lot  2  2  to  the  intersection  with 
the  westerly  limit  of  said  Lot  22;  thence  northerly  along 
the  said  westerly  limit  to  the  northwesterly  corner  of 
said  Lot  22;  thence  easterly  along  the  northerly  limit  of 
said  Lot  22  to  the  northeasterly  corner  thereof;  thence 
northerly  to  the  southeasterly  corner  of  Lot  22  in  Con- 
cession II;  thence  northerly  along  the  easterly  limit  of 
said  Lot  22  to  the  line  between  the  north  half  and  south 
half  of  said  Lot  22;  thence  westerly  along  the  said  line 
between  the  north  half  and  south  half  to  the  intersection 
with  the  line  between  the  east  half  and  west  half  of  said 
Lot  22;  thence  northerly  along  the  said  line  between  the 
east  half  and  west  half  to  the  northerly  limit  of  said  Lot 
22;  thence  easterly  along  the  northerly  limit  of  lots  22, 
21,  20,  19,  18  and  17  in  Concession  II  to  the  northeast- 
erly corner  of  said  Lot  17;  thence  easterly  along  the 
northerly  limit  of  Lot  16  in  Concession  II  a  distance  of 
182.88  metres;  thence  southerly  along  the  easterly  limit 
of  the  westerly  one-third  of  said  Lot  16  to  the  southerly 
limit  thereof;  thence  westerly  along  the  southerly  limit 
of  the  said  lot  to  the  southwesterly  corner  of  said  Lot  16; 
thence  southerly  to  the  northeasterly  corner  of  Lot  1 7  in 


Concession  I;  thence  southerly  along  the  easterly  limit 
of  said  Lot  17a  distance  of  283 .  882  metres;  thence  south 
61  degrees  39  minutes  30  seconds  west  a  distance  of 
306.629  metres,  to  the  intersection  with  the  line 
between  the  east  half  and  west  half  of  said  Lot  17; 
thence  southerly  along  the  line  between  the  east  half 
and  west  half  of  said  Lot  1 7  to  the  intersection  with  the 
southerly  limit  of  said  Lot  17;  thence  westerly  along  the 
southerly  limit  of  lots  17,  18,  19,  20  and  21  in  Conces- 
sion I  to  the  place  of  beginning.  O.  Reg.  646/80, 
Sched. 

Form   1 

Game  and  Fish  Act 

TINY  MARSH  WILDLIFE 
MANAGEMENT  AREA 

FREE  DAILY  HUNTING  LICENCE 

Under  the  Game  and  Fish  Act  and  the  regula- 
tions and  subject  to  the  limitations  thereof,  this 
licence  is  issued  to: 


Mr. 

Mrs. 

Miss 


Last  Name  (Print) 

First  Name  (Print)                                   Initials 

Street  Address  P.O.  Box  or  Rural  Route  (Print) 

City  or  Town  or  Village  (Print) 

Province  or  State  (Print) 

to  hunt  ducks,  geese,  coots,  rails,  gallinules, 
woodcock,  snipe,  grouse,  pheasants,  rabbits, 
fox  and  wolf  during  the  open  season. 

Valid  for  this  date  only,     


Signature  of  issuer 


O.  Reg.  646/80,  Form  1. 


Reg.  436 


GAME  AND  FISH 


1109 


REGULATION  436 


under  the  Game  and  Fish  Act 


TRAP-LINE  AREAS 

1.  Part  of  Ontario  is  divided  into  those  trap-Hne 
areas  shown  outhned  in  black  on  the  maps  or  plans 
filed  in  the  office  of  the  Director  of  the  Wildlife 
Branch  of  the  Ministry  of  Natural  Resources  at 
Toronto  under  the  numbers  in  column  1  of  each 
Schedule  and  the  areas  are  designated  by  the 
identifying  initials  and  numbers  in  column  2  of 
each  Schedule  and  are  situate  in  the  provisional 
county,  county  or  territorial  district  set  opposite 
thereto  in  column  3  of  each  Schedule.  O.  Reg. 
639/77.  s.  1. 


Schedule  1 

Abbreviations: 

Nip  for  Nipissing 

Item                 Column              Colunn 

Column 

1                       2 

3 

1                         1                   AP-3 

Nip  &  Ren 

2                        I                   AP-4 

Hal 

3                        1                   AP-S 

Nip 

4                        1                   AP-6 

Nip 

5                        1                   AP-7 

Nip 

6                        1                   AP-8 

Nip  &  Ren 

7                        1                   AP-9 

Hal 

8                        1                   AP-10 

Nip 

9                        1                   AP-12 

Nip 

10                        I                   AP-13 

Nip 

n                1             AP-14 

Nip 

12                          1                    AP-15 

Nip 

13                        1                   AP-23 

Hal 

14                        1                   AP-27 

Ren 

IS                         1                    AP-28 

Ren 

16                       1                   AP-29 

Ren 

17                        1                   AP-30 

Ren 

18                         1                     AP-31 

Ren 

19                         1                    AP-32 

Ren 

20                        I                   AP-33 

Ren 

21                        I                   AP-34 

Nip  &  Ren 

22                        1                   AP-39 

Hal 

23                        1                   AP-40 

Nip 

24                        1                   AP-43 

Nip 

25                        1                   AP-59 

Nip 

26                        1                   AP-63 

Nip 

27                        1                   AP-64 

Nip 

29                        1                   AP-65 

Nip 

29                        1                   AP-66 

Nip 

30                        1                   AP-67 

Nip 

31                        1                   AP-68 

Nip 

32                        1                   AP-69 

Nip 

33                        1                   AP-70 

Nip 

34                        1                   AP-71 

Nip 

35                        1                   AP-72 

Nip 

36                        1                   AP-73 

Nip 

37                        1                   AP-74 

Nip 

38                        1                   AP-75 

Nip 

39                        1                   AP-76 

Nip 

40                        1                   AP-77 

Nip 

41                         1                   AP-78 

Nip 

42                        1                   AP-79 

Nip 

43                        1                   AP-80 

Nip 

44                        1                   AP-81 

Nip 

O.  Reg.  639/77,  Sched.  1;  O.  Reg.  805/80,  s.  1. 


Schedul 

B    2 

Abbreviations: 

Ken  for  Kenora 

R.R.   for  Rainy  River 

Item                   Column 

Column 

Column 

1 

2 

3 

1                          2 

AT-1 

R.-R. 

2                            2 

AT-2 

R.R. 

3                            2 

AT-3 

R.R. 

4                         66 

AT-4 

R.R. 

5                          2 

AT-5 

R.R. 

6                          2 

AT-6 

R.R. 

7                          2 

AT- 7 

R.R. 

8                          2 

AT-8 

R.R. 

9                          2 

AT-9 

R.R. 

10                          2 

AT- 10 

R.R. 

11                          2 

AT-11 

R.R. 

12                          2 

AT- 12 

R.R. 

13                          2 

AT-13 

R.R. 

14                          2 

AT- 14 

R.R. 

15                          2 

AT-15 

R.R. 

16                          2 

AT- 16 

R.R. 

17                          2 

AT- 17 

R.R. 

18                          2 

AT-18 

R.R. 

19                          2 

AT- 19 

R.R. 

20                          2 

AT-20 

R.R. 

21                          2 

AT-21 

R.R. 

22                          2 

AT-22 

R.R. 

23                          2 

AT-23 

R.R. 

24                          2 

AT-24 

R.R. 

25                          2 

AT-25 

R.R. 

26                          2 

AT-26 

R.R. 

28                          2 

AT-28 

R.R. 

29                         66 

AT-29 

R.R. 

30                         2 

AT-32 

R.R. 

31                          2 

AT-33 

R.R. 

32                         2 

AT-34 

R.R. 

33                         2 

AT-35 

R.R. 

34                         72 

AT-37 

R.R. 

35                          2 

AT- 38 

R.R. 

36                          2 

AT- 39 

R.R. 

37                          2 

AT-40 

R.R.   &  Ken 

38                          2 

AT-41 

R.R. 

39                          2 

AT-42 

Ken 

40                        66 

AT-43 

R.R. 

41                          2 

AT-44 

Ken 

42                        66 

AT-45 

Ken 

43                          2 

AT-46 

Ken 

44                          2 

AT-47 

Ken 

45                          2 

AT-48 

Ken 

46                          2 

AT-49 

Ken 

*l                w 

AT- 50 

R.R. 

48                        66 

AT-51 

Ken 

O.    Reg.    639/77,   Sched.    2; 

0.    Reg. 

850/78,    s.    1 

O.  Reg.  925/79,  s.  1. 

1110 


GAME  AND  FISH 


Reg.  436 


Abbreviations: 

Hal  for  Haliburton 

Has  for  Hastings 

Pet  for  Peterborough 

Ren  for  Renfrew 


Column 
1 


1 
2 

3 
4 
5 
6 

7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 


O.   Reg.   639/77,   Sched. 
O.  Reg.  805/80,  s.  2. 


Column 

Column 

2 

3 

BA-1 

Has 

BA-2 

Has 

BA-3 

Has 

BA-4 

Has 

BA-5 

Has 

BA-6 

Has 

BA-7 

Has 

BA-9 

Has 

BA-10 

Has 

BA-n 

Has 

BA-12 

Has 

BA-13 

Has 

BA-14 

Has 

BA-1 6 

Ren 

BA-1 7 

Has 

BA-18 

Has 

BA-20 

Has 

BA-22 

Has 

BA-44 

Pet 

BA-51 

Hal 

8A-55 

Pet 

BA-56 

Pet 

BA-57 

Pet 

BA-58 

Pet 

BA-59 

Pet 

BA-60 

Pet 

BA-64 

Pet 

BA-65 

Hal 

BA-66 

Pet 

BA-70 

Hal 

BA-72 

Hal   &  Pet 

8A-73 

Pet 

BA-79 

Hal 

BA-90 

Pet 

BA-91 

Pet 

BA-92 

Pet 

BA-99 

Pet 

BA-100 

Pet 

BA-101 

Pet 

BA-102 

Pet 

BA-103 

Hal 

BA-104 

Pet 

BA-109 

Hal 

BA-120 

Pet 

BA-122 

Pet 

BA-124 

Pet 

BA-125 

Pet 

BA-127 

P?t 

BA-128 

Pet 

BA-135 

Hal 

BA-1 38 

Hal 

3;   0.    Reg. 

850/78,    s.    2 

Abbreviations: 
Al  for  Algoma 


Item 


Column 
1 

4 
4 

4 


Column 
2 

BL-1 
BL-2 
BL-3 


Column 
3 

/fl 
Al 
Al 


Column 
1 


4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 
60 
61 
62 
63 
64 
65 
66 
67 
68 
69 
70 
71 
72 
73 
74 
75 
76 
77 
78 
79 
80 
81 
82 
83 
84 
85 
86 
87 
88 
89 


Coll 


BL-4 

BL-5 

BL-6 

BL-7 

BL-8 

BL-9 

BL-10 

BL-ll 

BL-12 

BL-13 

BL-14 

BL-15 

BL-16 

BL-17 

BL-18 

BL-19 

BL-20 

BL-21 

8L-22 

BL-23 

BL-24 

BL-25 

8L-26 

BL-27 

BL-28 

BL-29 

BL-30 

BL-31 

BL-32 

BL-33 

BL-34 

BL-35 

BL-36 

BL-37 

BL-38 

BL-39 

BL-40 

BL-41 

BL-42 

8L-43 

BL-44 

BL-45 

BL-46 

BL-47 

BL-48 

BL-49 

BL-50 

BL-51 

BL-52 

BL-53 

BL-54 

BL-55 

BL-56 

BL-57 

BL-58 

BL-59 

BL-60 

BL-61 

BL-62 

BL-63 

BL-64 

BL-65 

BL-66 

BL-67 

BL-68 

BL-69 

BL-70 

BL-71 

BL-72 

BL-73 

BL-74 

BL-75 

BL-76 

BL-77 

BL-78 

BL-79 

BL-80 

BL-81 

BL-82 

BL-83 

BL-84 

BL-85 

BL-86 

BL-87 

BL-88 

BL-89 


Column 
3 


Al 
Al 
A1 
A1 
A1 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Af 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 


O.  Reg.  639/77,  Sched.  4. 


Reg.  436 


GAME  AND  FISH 


1111 


Schedule  5 

Abbreviations 

Hal  for  Haliburton 

MusforMuskoka 

Nip 

forN 

pissing 

P.S 

for  Parry  Sound 

Item 

Column 

1 

1 

5 

2 

5 

3 

5 

4 

5 

5 

5 

6 

5 

7 

5 

8 

5 

9 

5 

10 

5 

11 

5 

12 

5 

13 

5 

14 

5 

15 

5 

16 

5 

17 

5 

18 

5 

19 

5 

20 

5 

21 

5 

22 

5 

23 

5 

24 

5 

25 

5 

26 

5 

27 

5 

28 

5 

29 

5 

30 

5 

31 

5 

32 

5 

33 

5 

34 

5 

35 

5 

36 

5 

37 

5 

Abbreviations: 

A1  for  Algoma 
Co  for  Cochrane 
Sud  for  Sudbury 


I  tea 


1 

2 

3 

4 

S 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 


Coluan 
1 

6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 


Column 

Column 

2 

3 

BR-1 

Mus 

BR-2 

Mus 

BR-3 

Mus 

BR-4 

Mus 

BR-5 

Mus 

BR-6 

Mus 

BR-7 

Mus 

BR-8 

Mus 

BR-9 

Hal  &  Mus 

BR-10 

Hal  &  Mus 

BR-12 

Hal 

BR-14 

Hal 

BR-17 

Hal,  Mus  &  Nip 

BR-18 

Hal  &  Nip 

BR-19 

Mus,  P.S.  &  Nip 

BR-20 

Mus  &  P.S. 

BR-21 

Hal 

BR-22 

P.S.  &  Nip 

BR-23 

P.S.  &  Nip 

BR-24 

P.S. 

BR-25 

Nip 

BR-26 

Nip 

BR-27 

P.S. 

BR-28 

P.S. 

BR-29 

P.S. 

BR-30 

P.S.  &  Nip 

BR-31 

P.S.  &  Nip 

BR-32 

P.S.  &  Nip 

BR-33 

P.S.  &  Nip 

BR-34 

P.S.  &  Nip 

BR-35 

P.S. 

BR-36 

P.S. 

BR-37 

Nip 

BR-38 

P.S.  &  Nip 

BR-39 

P.S. 

BR-40 

P.S. 

BR-41 

Hal 

O.  Reg.  805/80,  s.  3. 


Schedule  6 


CP-1 

CP-2 

CP-3 

CP-4 

CP-5 

CP-6 

CP-7 

CP-8 

CP-9 

CP-10 

CP-n 

CP-12 

CP-13 

CP-14 

CP-15 

CP-16 

CP-17 

CP-18 

CP-19 

CP-20 

CP-21 

CP-22 

CP-23 


Column 
3 

A1 

A1 

Al 

Co 

Co 

Co 

Al 

Co 

Co 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 


24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 
60 
61 
62 
63 
64 
65 
66 
67 
68 
69 
70 
71 
72 
73 
74 
75 
76 
77 
78 
79 
80 
81 
82 
83 
84 
85 
86 
87 
88 
89 
90 
91 
92 
93 
94 
95 
96 
97 
98 
99 
100 
101 
102 
103 
104 
105 
106 
107 
108 
109 
110 
Ul 


Column 
1 

6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 
6 


Column 
2 

CP-24 

CP-25 

CP-26 

CP-27 

CP-28 

CP-29 

CP-30 

CP-31 

CP-32 

CP-33 

CP-34 

CP-35 

CP-36 

CP-37 

CP-38 

CP-39 

CP-40 

CP-41 

CP-42 

CP-43 

CP-44 

CP-45 

CP-46. 

CP-47 

CP-48 

CP-49 

CP-50 

CP-51 

CP-52 

CP-53 

CP-54 

CP-55 

CP-56 

CP-57 

CP-58 

CP-59 

CP-60 

CP-61 

CP-62 

CP-63 

CP-64 

CP-65 

CP-66 

CP-67 

CP-68 

CP-69 

CP-70 

CP-71 

CP-72 

CP-73 

CP-74 

CP-75 

CP-76 

CP-77 

CP-78 

CP-79 

CP-80 

CP-81 

CP-82 

CP-83 

CP-84 

CP-85 

CP-86 

CP-87 

CP-88 

CP-89 

CP-90 

CP-91 

CP-92 

CP-93 

CP-94 

CP-95 

CP-96 

CP-97 

CP-98 

CP-99 

CP-100 

CP-101 

CP-102 

CP-103 

CP-104 

CP-105 

CP-106 

CP-107 

CP-108 

CP-109 

CP-1 10 

cp-in 


Colunvi 
3 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Al 

Sud 

Sud 

Sud 

Sud 

Al 

Sud 

Sud 

Sud 

Sud 

Sud 

Slid 


O.  Reg.  639/77,  Sched.  6. 


1112 


GAME  AND  FISH 


Reg.  436 


Schedule  7 


Abbreviations: 
Co  for  Cochrane 


Item 

1 

2 

3 

4 

5 

6 

7 

8 

9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 

33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 
60 
61 
62 
63 
64 
65 
66 
67 
68 
69 
70 
71 
72 
73 
74 
75 
76 
77 
78 
79 
80 
81 
82 
83 
84 
85 


Column 
1 

83 


83 
83 

83 


83 


83 


Column 
2 

CC-36 
CC-37 
CC-38 
CC-39 
CC-40 
CC-41 
CC-42 
CC-43 
CC-44 
CC-45 
CC-46 
CC-47 
CC-48 
CC-49 
CC-50 
CC-51 
CC-52 
CC-53 
CC-54 
CC-55 
CC-56 
CC-57 
CC-58 
CC-59 
CC-60 
CC-61 
CC-62 
CC-63 
CC-64 
CC-65 
CC-66 
CC-67 

CC-69 

CC-70 

CC-72 

CC-73 

CC-74 

CC-75 

CC-76 

CC-77 

CC-78 

CC-79 

CC-80 

CC-81 

CC-82 

CC-83 

CC-84 

CC-85 

CC-86 

CC-87 

CC-88 

CC-89 

CC-90 

CC-91 

CC-92 

CC-93 

CC-94 

CC-95 

CC-96 

CC-97 

CC-98 

CC-99 

CC-100 

CC-101 

CC-102 

CC-103 

CC-104 

CC-105 

CC-106 

CC-107 

CC-108 

CC-109 

CC-110 

CC-IU 

CC-112 

CC-113 

CC-114 

CC-115 

CC-163 

CC-164 

CC-165 

CC-166 

CC-167 

CC-171 

CC-181 


Column 
3 

Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 

Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 


Column 
1 


86 
87 
88 
89 
90 
91 
92 
93 
94 
95 
96 
97 
98 
99 
100 
101 
102 


83 
83 
83 
83 
83 
83 
83 


Column 
2 

CC-182 

CC-184 

CC-185 

CC-186 

CC-189 

CC-194 

CC-195 

CC-199 

CC-227 

CC-240 

CC-33 

CC-34 

CC-35 

CC-121 

CC-117 

CC-120 

CC-119 


Column 
3 

Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 


O.  Reg.  639/77,  Sched.  7;  O.  Reg.  805/80,  s.  4 


Schedule  8 

Abbreviations 

Ken  for  Kenora 

Item 

Column 

Column 

Column 

1 

2 

3 

1 

8 

OR-1 

Ken 

2 

8 

DR-2 

Ken 

3 

8 

DR-3 

Ken 

4 

8 

DR-4 

Ken 

5 

8 

OR- 5 

Ken 

6 

8 

DR-6 

Ken 

7 

8 

DR-7 

Ken 

8 

8 

OR- 8 

Ken 

9 

8 

DR-9 

Ken 

10 

8 

DR-10 

Ken 

11 

8 

OR- 11 

Ken 

12 

8 

OR- 12 

Ken 

13 

8 

OR- 13 

Ken 

14 

8 

DR-14 

Ken 

15 

8 

DR-15 

Ken 

16 

8 

DR-16 

Ken 

17 

8 

OR- 17 

Ken 

18 

8 

DR-18 

Ken 

19 

8 

OR- 19 

Ken 

20 

8 

DR-20 

Ken 

21 

8 

DR-21 

Ken 

22 

8 

DR-22 

Ken 

23 

8 

DR-23 

Ken 

24 

8 

DR-24 

Ken 

25 

8 

DR-25 

Ken 

26 

8 

DR-26 

Ken 

27 

8 

DR-27 

Ken 

28 

8 

DR-28 

Ken 

29 

8 

DR-29 

Ken 

30 

8 

OR- 30 

Ken 

31 

8 

DR-31 

Ken 

32 

8 

DR-32 

Ken 

33 

8 

OR- 33 

Ken 

34 

8 

DR-34 

Ken 

35 

8 

DR-35 

Ken 

36 

8 

DR-ae 

Ken 

37 

8 

DR-37 

Ken 

38 

8 

DR-38 

Ken 

39 

8 

DR-39 

Ken 

40 

8 

DR-40 

Ken 

41 

8 

DR-41 

Ken 

42 

8 

DR-42 

Ken 

43 

8 

DR-43 

Ken 

44 

8 

DR-44 

Ken 

45 

8 

DR-45 

Ken 

46 

8 

DR-46 

Ken 

47 

8 

DR-47 

Ken 

48 

8 

DR-48 

Ken 

49 

8 

DR-49 

Ken 

50 

8 

DR-50 

Ken 

51 

8 

DR-51 

Ken 

52 

8 

DR-52 

Ken 

53 

8 

OR-53 

Ken 

54 

8 

OR- 54 

Ken 

55 

8 

OR- 55 

Ken 

56 

8 

DR-56 

Ken 

57 

8 

DR-57 

Ken 

58 

8 

DR-58 

Ken 

59 

8 

DR-59 

Ken 

60 

8 

DR-60 

Ken 

Reg.  436 


GAME  AND  FISH 


1113 


61 
62 
63 
64 
65 
66 
67 
68 


Column 

Column 

Column 

1 

2 

3 

8 

DR-61 

Ken 

8 

DR-62 

Ken 

8 

DR-63 

Ken 

8 

DR-64 

Ken 

8 

OR-65 

Ken 

8 

DR-66 

Ken 

8 

OR-67 

Ken 

8 

OR-68 

Ken 

O.  Reg.  639/77,  Sched.  8. 


Schedule  9 

Abbreviations: 

Al 

for 

l\1goma 

Man 

for 

Manitoulln 

Sud 

for 

Sudbury 

Item 

Column 

1 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

80 

11 

12 

13 

14 

IS 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

80 

Column 
2 

EP-1 

EP-2 

EP-3 

EP-4 

EP-5 

EP-6 

EP-7 

EP-8 

EP-9 

EP-10 

EP-11 

EP-12 

EP-13 

EP-14 

EP-IS 

EP-16 

EP-17 

EP-18 

EP-19 

EP-20 

EP-21 

EP-22 

EP-23 

EP-24 

EP-25 

EP-26 

EP-27 

EP-29 

EP-30 

EP-31 

EP-32 

EP-33 

EP-34 

EP-35 

EP-36 

EP-37 

EP-38 

EP-39 

EP-40 

EP-41 

EP-43 

EP-44 

EP-45 

EP-46 


Column 
3 

Sud  t  Al 
Sud  &  Al 

Al 

AT 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 

Al 
Sud  &  Al 

Al 

Al 

Al 
Sud  &  Al 
Sud  &  Al 
Sud  &  Al 

Sud 

Sud 

Sud 

Sud 
Al  &  Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Sud 

Man 
Al  &  Man 

Al 


Schedule 

10 

Abbreviations 

Ken 

for  Kenora 

R.R. 

for  Ra 

ny  River 

Item 

Column 

Column 

Column 

1 

2 

3 

1 

10 

FF-1 

R.R. 

2 

10 

FF-2 

R.R. 

3 

10 

FF-3 

R.R. 

4 

10 

FF-4 

R.R. 

5 

10 

FF-5 

R.R. 

6 

10 

FF-6 

R.R. 

7 

10 

FF-7 

R.R. 

8 

10 

FF-8 

R.R.  i  Ken 

9 

10 

FF-9 

Ken 

10 

10 

FF-10 

R.R.  &  Ken 

11 

10 

FF-ll 

R.R. 

12 

10 

FF-12 

R.R. 

13 

10 

FF-1 3 

R.R. 

14 

10 

FF-14 

R.R. 

15 

10 

FF-15 

R.R. 

16 

10 

FF-16 

R.R. 

17 

10 

FF-17 

R.R. 

18 

10 

FF-18 

R.R.  &  Ken 

19 

10 

FF-19 

Ken 

20 

10 

FF-20 

Ken 

21 

10 

FF.21 

Ken 

22 

10 

FF-22 

Ken 

23 

10 

FF-23 

R.R. 

24 

10 

FF-24 

R.R. 

25 

10 

FF-25 

R.R. 

26 

10 

FF-26 

R.R. 

27 

10 

FF-27 

R.R. 

28 

10 

FF-28 

R.R. 

29 

10 

FF-29 

R.R. 

30 

10 

FF-30 

R.R. 

31 

10 

FF-31 

R.R. 

32 

10 

FF-32 

R.R. 

33 

10 

FF-33 

Ken 

34 

10 

FF-34 

Ken 

35 

10 

FF-35 

R.R.  &  Ken 

36 

10 

FF-36 

R.R. 

37 

10 

FF-37 

R.R. 

38 

10 

FF-38 

R.R. 

39 

10 

FF-39 

R.R. 

40 

10 

FF-40 

R.R. 

41 

10 

FF-41 

R.R. 

42 

10 

FF.42 

R.R. 

43 

10 

FF-43 

R.R. 

44 

10 

FF-44 

R.R. 

45 

10 

FF-45 

R.R.  &  Ken 

46 

10 

FF-46 

Ken 

47 

10 

FF-47 

Ken 

48 

10 

FF-48 

Ken 

49 

10 

FF-49 

Ken 

50 

10 

FF-50 

R.R. 

51 

10 

FF-51 

R.R. 

52 

10 

FF-52 

Ken 

53 

10 

FF-53 

Ken 

54 

10 

FF-54 

R.R. 

55 

10 

FF-55 

R.R. 

56 

10 

FF-56 

R.R. 

O.  Reg.  639/77,  Sched.  10. 


O.  Reg.  639/77,  Sched.  9;  O.  Reg.  805/80,  s.  5. 


1114 


GAME  AND  FISH 


Reg.  436 


Schedule  11 


Abbreviations: 

Al   for  AlgoiM 
Co  for  Cochrane 
Ken  for  Kenora 
T.B.  for  Thunder  Bay 


ItM 


1 

2 
3 
4 

S 
6 
7 
8 
9 
10 
11 
12 
13 
14 
IS 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 
60 
61 
62 
63 
64 


Column 
1 


Column 

Column 

2 

3 

GE-1 

T.B. 

GE-2 

T.B. 

GE-3 

Co 

GE-4 

Co 

GE-8 

T.B. 

GE-9 

T.B.  &  Co 

6E-10 

T.B. 

GE-U 

T.B.  &  Co 

GE-12 

T.B. 

6E-13 

T.B. 

GE-14 

T.B. 

GE-15 

T.B. 

GE-16 

T.B. 

GE-20 

T.B. 

6E-21 

T.B. 

eE-22 

T.B. 

GE-23 

T.B. 

GE-25 

T.B. 

GE-26 

T.B. 

GE-27 

T.B. 

GE-32 

T.B. 

6E-34 

T.B. 

GE-35 

T.B. 

GE-36 

T.B. 

GE-37 

T.B. 

GE-38 

T.B. 

GE.39 

T.B. 

GE-40 

T.B. 

eE-41 

T.B. 

GE-42 

T.B. 

GE-45 

T.B. 

GE-46 

T.B. 

GE-48 

T.B. 

GE-51 

T.B. 

GE-53 

T.B.  &  Co 

GE-65 

T.B. 

GE-66 

T.B. 

6E-67 

T.B. 

GE-68 

T.B. 

6E-69 

T.B. 

GE.70 

T.B. 

GE-76 

T.B. 

GE-120 

T.B. 

GE-121 

T.B. 

GE-122 

T.B. 

GE-123 

T.B. 

GE-124 

T.B. 

GE-135 

T.B. 

GE-136 

T.B.  &  Co 

GE-137 

T.B. 

GE-138 

T.B.  &  Co 

GE-139 

T.B. 

GE-140 

T.B.  &  Co 

GE-141 

T.B. 

GE-142 

T.B. 

GE-143 

Co 

GE-144 

Co 

GE-145 

T.B. 

GE-146 

T.B. 

GE-147 

T.B. 

GE-148 

T.B.  &  Co 

GE-149 

T.B.  S  Co 

GE-150 

T.B. 

GE-152 

T.B. 

Item 


65 

66 

67 

68 

69 

70 

71 

72 

73 

74 

75 

76 

77 

78 

79 

80 

81 

82 

83 

84 

85 

86 

87 

88 

89 

90 

91 

92 

93 

94 

95 

96 

97 

98 

99 

100 

101 

102 

103 

104 

105 

106 

107 

108 

109 

no 

111 
112 
113 
114 
115 
116 
117 
118 
119 
120 
121 
122 
123 
124 
125 
126 
127 
128 
129 
130 
131 
132 
133 
134 
135 
136 


Column 

1 

15 

15 

15 

16 

11  S  15 

11,  15  &  16 

15 

15  &  16 

12  &  16 

12  &  16 

15  &  16 

15  &  16 

11  4  12 

14  &  15 

13  &  15 

17 

14 

14 

15 

14,  15  &  17 

11 

14 

14 

14 

11.  13  &  15 

11 

11  S  15 

17 

15  &  17 

17 

15  &  17 

11 

11 

11 

13  &  15 

15 

15 

12 

15 

15 

14 

13,  14  &  15 

11  &  12 

12 

12 

12 

12 

12 

13  &  15 

13 

13 

13 

13 

13 

13 

13  &  15 

15 

13 

13  &  15 

15 

15  &  17 

14 

14  &  15 

14 

17 

17 

15 

17 

15 

15 

15 

15 

Col 

jmn 

Column 

I 

3 

GE 

■153 

T.B..  Co  &  Ken 

GE 

-154 

T.B.  &  Co 

GE 

-155 

Ken 

GE 

-156 

Ken 

GE 

-157 

T.B.  &  Co 

GE 

-158 

Co 

GE 

-159 

Ken 

GE 

-160 

Ken 

GE 

-161 

Co 

GE 

-162 

Co 

GE 

-163 

Ken 

GE 

-164 

Co 

GE 

-165 

Co 

GE 

■204 

Ken 

GE 

-206 

T.B. 

GE 

-207 

Ken 

GE 

-208 

Ken 

GE 

■209 

Ken 

GE 

■210 

T.B.  &  Ken 

GE 

■211 

Ken 

GE 

-212 

T.B. 

GE 

■213 

Ken 

GE 

-214 

Ken 

GE 

-215 

Ken 

GE 

■216 

T.B. 

GE 

■217 

T.B. 

GE 

■218 

T.B. 

GE 

-219 

Ken 

GE 

■220 

Ken 

GE 

-221 

Ken 

GE 

-222 

Ken 

GE 

223 

T.B. 

GE 

224 

T.B. 

GE 

225 

T.B. 

GE 

-227 

Ken 

GE 

228 

Ken 

GE 

229 

Ken 

GE 

230 

T.B.  S  Co 

GE 

231 

Ken 

GE 

232 

Ken 

GE 

■234 

Ken 

GE 

■235 

Ken 

GE 

240 

Co 

GE 

•241 

Co 

GE 

300 

Co,  T.B.  S  Al 

GE 

301 

Co,  T.B.  &  AT 

GE 

304 

T.B.  &  Al 

GE 

305 

Al 

GE 

306 

T.B.  &  Ken 

GE 

307 

T.B.  &  Ken 

GE 

308 

Ken 

GE 

309 

T.B. 

GE- 

310 

Ken 

GE 

311 

T.B. 

GE- 

312 

T.B.  S  Ken 

GE- 

313 

Ken 

GE- 

314 

Ken 

GE- 

315 

T.B.  &  Ken 

GE- 

316 

T.B. 

GE- 

317 

Ken 

GE- 

318 

Ken 

GE- 

319 

Ken 

GE- 

320 

Ken 

GE- 

321 

Ken 

GE- 

322 

Ken 

GE- 

323 

Ken 

GE- 

324 

Ken 

GE- 

325 

Ken 

GE- 

326 

Ken 

GE- 

327 

Ken 

GE- 

328 

Ken 

GE- 

329 

Ken 

O.  Reg.  639/77,  Sched.  11. 


Reg.  436 


GAME  AND  FISH 


1115 


Schedule  12 


Abbreviations: 
Sud  for  Sudbury 


ItM 


1 

2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
% 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
SO 
51 
52 
53 
54 
55 
56 
57 
58 
99 
60 


Column 
1 

18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 
18 


Column 
2 

GO-1 
GO-2 
GO-3 
GO-4 
GO-5 

eo-6 

60-7 

eo-8 

GO-9 

GO- 10 

GO-11 

GO-12 

GO-13 

GO- 14 

GO-IS 

GO-16 

GO-17 

GO- 18 

GO- 19 

60-20 

60-21 

60-22 

60-23 

60-24 

60-25 

60-26 

60-27 

60-28 

60-29 

60-30 

60-31 

60-32 

60-33 

60-34 

60-35 

60-36 

60-37 

60-38 

60-39 

60-40 

60-41 

60-42 

60-43 

60-44 

60-45 

60-46 

60-47 

60-48 

60-49 

60-50 

60-51 

60-52 

60-53 

60-54 

60-55 

60-56 

60-57 

60-58 

60-59 

60-60 


Column 
3 

Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 


O.  Reg.  639/77.  Sched.  12. 


Schedule  13 

Abbreviations: 

A1   for 

Algoma 

Co  for 

Cochrane 

Item 

Column                  C 

1 

1 

19 

2 

19 

3 

19 

4 

19 

5 

19 

6 

19 

'             7 

19 

8 

19 

9 

19 

10 

19 

U 

19 

12 

19 

13 

19 

14 

19 

15 

19 

16 

19 

17 

19 

18 

19 

19 

19 

20 

19 

21 

19 

22 

19 

23 

19 

24 

19 

25 

19 

26 

19 

27 

19 

28 

19 

29 

19 

30 

19 

31 

19 

32 

19 

33 

19 

34 

19 

35 

19 

36 

19 

37 

19 

38 

19 

39 

19 

40 

19 

41 

19 

42 

19 

43 

19 

44 

19 

45 

19 

46 

19 

47 

19 

48 

19 

49 

19 

50 

19 

51 

19 

52 

19 

53 

19 

54 

19 

55 

19 

56 

19 

57 

19 

58 

19 

59 

19 

60 

19 

61 

19 

62 

19 

63 

19 

64 

19 

65 

19 

66 

19 

67 

19 

68 

19 

69 

19 

70 

19 

71 

19 

72 

19 

73 

19 

74 

19 

75 

19 

76 

19 

0.  Reg 

639/77,  Sched.  13 

Column 

Coluan 

2 

3 

HE-1 

Co 

HE-2 

Co 

HE-3 

Co 

HE-4 

Co 

HE-5 

Co 

HE-6 

Co 

HE-7 

Co 

HE-8 

Co 

HE-9 

Co 

HE-10 

Co 

HE-U 

Co 

HE-12 

Co 

HE-13 

Co 

HE-14 

Co 

HE-15 

Co 

HE-16 

Co 

HE-17 

Co 

HE-18 

Co 

HE-19 

Co 

HE-20 

Co 

HE-26 

Co 

HE-27 

Co 

HE-28 

Co 

HE-29 

Co 

HE- 30 

Co 

HE-31 

Co 

HE-32 

Co 

HE-33 

Co 

HE-35 

Co 

HE- 36 

Co 

HE-37 

A1 

HE -38 

A1 

HE-39 

Co 

HE-40 

Co 

HE-41 

Co 

HE-47 

Co 

HE-48 

Co 

HE-49 

Al 

HE-50 

A1 

HE-51 

Al 

HE-53 

Al 

HE-54 

Co 

HE-55 

Al 

HE -56 

Al 

HE-57 

Al 

HE-60 

Co 

HE-66 

Al 

HE-67 

Al 

HE-68 

Al 

HE-e9 

Al 

HE -70 

Al 

HE-71 

Al 

HE-72 

Al 

HE-73 

Al 

HE-76 

Al 

HE-77 

Al 

HE -78 

Al 

HE- 79 

Al 

HE-80 

Al 

HE-86 

Al 

HE-87 

Al 

HE-88 

Al 

HE-89 

Al 

HE-90 

Al 

HE-91 

Al 

HE-92 

Al 

HE-93 

Al 

HE-94 

Al 

HE-95 

Al 

HE-96 

Al 

HE-97 

Al 

HE-98 

Al 

HE-99 

Al 

HE-101 

Al 

HE-102 

Al 

HE- 103 

Al 

1116 


GAME  AND  FISH 


Reg.  436 


Abbrev1<t1ons: 

Mus  for  Muskoka 
Sim  for  Simcoe 


It«R 


Column 
1 

20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 


Column 

Column 

2 

3 

HU-1 

Mus 

HU-S 

Mus  &  Sim 

HU-6 

Mus  i  Sim 

HU-7 

Sim 

HU-10 

S1m 

HU-13 

Sim 

HU-IS 

Sim 

HO-17 

Sim 

HU-20 

Sim 

HU-21 

Sim 

HU-22 

Mus 

HU-23 

Mus 

HU-29 

Sim 

O.  Reg.  639/77,  Sched.  14. 


Schedule 

15 

Abbreviations: 

Ken 

for  Kenora 

T.B 

for  Thunder  Bay 

Item 

Column 

1 

Cc 

1 

21 

2 

21 

3 

21 

4 

21 

5 

21 

6 

21 

7 

21 

8 

21 

9 

21 

10 

21 

11 

21 

12 

21 

13 

21 

14 

21 

IS 

21 

16 

21 

17 

21 

18 

21 

li 

21 

20 

21 

21 

21 

22 

21 

23 

21 

24 

21 

2S 

21 

26 

21 

27 

21 

28 

21 

29 

21 

30 

21 

31 

21 

32 

21 

33 

21 

34 

21 

3S 

21 

36 

21 

37 

21 

38 

21 

39 

21 

40 

21 

41 

21 

42 

21 

43 

21 

U 

21 

45 

21 

46 

21 

47 

21 

48 

21 

49 

21 

SO 

21 

51 

21 

52 

21 

S3 

21 

54 

21 

55 

21 

56 

21 

Column 

Column 

2 

3 

16-1 

Ken 

16-2 

Ken  &  T.B 

16-3 

T.B. 

16-4 

T.B 

16-5 

T.B 

16-6 

T.B 

16-7 

T.B 

16-8 

T.B 

16-10 

T.B 

16-11 

T.B 

16-12 

T.B 

16-13 

T.B 

16-14 

T.B 

16-15 

T.B 

16-16 

T.B 

16-17 

Ken 

16-18 

Ken 

16-19 

Ken 

16-20 

Ken 

16-21 

T.B. 

16-23 

T.B. 

16-24 

T.B. 

16-25 

T.B. 

16-26 

Ken 

16-27 

Ken 

16-28 

Ken 

16-29 

Ken 

16-30 

Ken 

16-31 

Ken 

16-32 

Ken 

16-33 

Ken 

16-34 

Ken 

16-35 

Ken 

16-36 

Ken 

16-37 

Ken 

16-38 

Ken 

16-39 

Ken  &  T.B 

16-40 

T.B. 

16-41 

T.B. 

16-42 

T.B. 

16-43 

Ken 

16-44 

T.B. 

16-45 

Ken 

16-46 

Ken 

16-47 

Ken 

16-48 

Ken 

16-49 

Ken 

16-50 

Ken 

16-51 

Ken 

16-52 

Ken 

I6-S3 

Ken 

I6.S4 

Ken 

16-55 

Ken 

16-56 

Ken 

IG-57 

Ken 

IG-58 

Ken 

O.  Reg.  639/77,  Sched.  15. 


Schedule  16 


Abbreviations: 


Al  for  Algoma 
Co  for  Cochrane 


Item 

1 

2 

3 

4 

5 

6 

7 

8 

9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 
60 
61 
62 
63 
64 
65 
66 
67 
68 
69 
70 
71 
72 
73 
74 
75 
76 
77 
78 
79 
80 
81 
82 
83 
84 
85 


Column 
1 

22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
73 
73 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 
22 


Column 
2 

KA-1 

KA-2 

KA-3 

KA-4 

KA-5 

KA-6 

KA-7 

KA-8 

KA-9 

KA-10 

KA-11 

KA-12 

KA-13 

KA-14 

KA-15 

KA-16 

KA-17 

KA-18 

KA-19 

KA-20 

KA-21 

KA-22 

KA-23 

KA-24 

KA-25 

KA-26 

KA-27 

KA-28 

KA-29 

KA-30 

KA-31 

KA-32 

KA-33 

KA-34 

KA-35 

KA-36 

KA-37 

KA-38 

KA-39 

KA-40 

KA-41 

KA-42 

KA-43 

KA-44 

KA-45 

KA-46 

KA-47 

KA-48 

KA-49 

KA-50 

KA-51 

KA-52 

KA-53 

KA-54 

KA-55 

KA-56 

KA-57 

KA-58 

KA-59 

KA-60 

KA-61 

KA-62 

KA-63 

KA-64 

KA-65 

KA-66 

KA-67 

KA-68 

KA-69 

KA-70 

KA-71 

KA-72 

KA-73 

KA-74 

KA-75 

KA-76 

KA-77 

KA-78 

KA-79 

KA-80 

KA-81 

KA-82 

KA-83 

KA-84 

KA-85 


Al 


Al 


Column 
3 

Al 

Al 

Al 

Al 

&  Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

a  Co 

Al 

Al 

Al 

Al 

Al 

&  Co 

5  Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 

6  Co 
&  Co 
&  Co 
i  Co 
Co 

&  Co 
&  Co 

Al  &  Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
CO 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 
Co 


O.  Reg.  639/77,  Sched.  16;  O.  Reg.  925/79,  s.  3. 


Reg.  436 


GAME  AND  FISH 


1117 


Schedule  17 


Abbreviati 

ons: 

Ken  for 

Kenora 

Item 

Column 

Column 

Column 

1 

2 

3 

1 

23 

KE-1 

Ken 

2 

23 

KE-2 

Ken 

3 

23 

KE-3 

Ken 

4 

23 

KE-4 

Ken 

5 

23 

KE-5 

Ken 

6 

23 

KE-6 

Ken 

7 

23 

KE-7 

Ken 

8 

23 

KE-8 

Ken 

9 

23 

KE-9 

Ken 

10 

23 

KE-10 

Ken 

11 

23 

KE-11 

Ken 

12 

23 

KE-12 

Ken 

13 

23 

KE-13 

Ken 

14 

23 

KE-14 

Ken 

15 

23 

KE-15 

Ken 

16 

23 

KE-16 

Ken 

17 

23 

KE-17 

Ken 

18 

23 

KE-18 

Ken 

19 

23 

KE-20 

Ken 

20 

23 

KE-21 

Ken 

21 

23 

KE-22 

Ken 

22 

23 

KE-23 

Ken 

23 

23 

KE-24 

Ken 

24 

23 

KE-25 

Ken 

25 

23 

KE-26 

Ken 

26 

23 

KE-27 

Ken 

27 

23 

KE-29 

Ken 

28 

23 

KE-30 

Ken 

29 

23 

ICE-31 

Ken 

30 

23 

KE-32 

Ken 

31 

23 

KE-33 

Ken 

32 

23 

KE-34 

Ken 

33 

23 

KE-35 

Ken 

34 

23 

KE-36 

Ken 

35 

23 

KE-37 

Ken 

36 

23 

KE-38 

Ken 

37 

23 

KE-39 

Ken 

38 

23 

KE-40 

Ken 

39 

23 

KE-41 

Ken 

40 

23 

KE-42 

Ken 

41 

23 

KE-43 

Ken 

42 

23 

KE-44 

Ken 

43 

23 

ICE-45 

Ken 

44 

23 

KE-46 

Ken 

45 

23 

KE-47 

Ken 

46 

23 

KE-48 

Ken 

47 

23 

KE-49 

Ken 

48 

23 

KE-50 

Ken 

49 

23 

KE-51 

Ken 

50 

23 

KE-52 

Ken 

51 

23 

KE-53 

Ken 

52 

23 

KE-54 

Ken 

53 

23 

KE-55 

Ken 

54 

23 

KE-56 

Ken 

55 

23 

KE-57 

Ken 

56 

23 

KE-58 

Ken 

57 

23 

KE-59 

Ken 

58 

23 

KE-60 

Ken 

59 

23 

KE-61 

Ken 

60 

23 

KE-62 

Ken 

61 

23 

KE-63 

Ken 

62 

23 

KE-64 

Ken 

63 

23 

KE-65 

Ken 

64 

23 

KE-66 

Ken 

65 

23 

KE-67 

Ken 

66 

23 

KE-68 

Ken 

67 

23 

KE-69 

Ken 

68 

23 

KE-70 

Ken 

69 

23 

KE-71 

Ken 

70 

23 

KE-72 

Ken 

71 

23 

KE-73 

Ken 

72 

23 

KE-74 

Ken 

73 

23 

KE-75 

Ken 

74 

23 

KE-76 

Ken 

75 

23 

KE-77 

Ken 

76 

23 

KE-78 

Ken 

77 

23 

KE-79 

Ken 

Item 


78 
79 
80 
81 
82 
83 
84 
85 
86 
87 
88 
89 
90 
91 
92 
93 
94 
95 
96 
97 
98 
99 
100 
101 
102 
103 
104 
105 
106 
107 
108 
109 
110 
111 
112 
113 
114 
115 
116 
117 
118 
119 
120 
121 
122 
123 
124 
125 
126 
127 
128 
129 
130 
131 
132 
133 
134 
135 
136 
137 
138 
139 
140 
141 
142 
143 
144 
145 
146 
147 
148 
149 
150 
151 
152 
153 
154 


Column 
1 


23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 


Column 
2 


KE-80 

KE-81 

KE-82 

KE-84 

KE-85 

KE-86 

KE-87 

KE-88 

KE-89 

KE-90 

KE-91 

KE-92 

KE-93 

KE-94 

KE-95 

KE-96 

KE-97 

KE-98 

KE-99 

KE-100 

KE-101 

KE-102 

KE-103 

KE-104 

KE-105 

KE-106 

KE-107 

KE-108 

KE-109 

KE-110 

KE-111 

KE-1 12 

KE-1 14 

KE-116 

KE-117 

KE-1 18 

KE-1 19 

KE-120 

KE-121 

KE-122 

KE-123 

KE-124 

KE-125 

KE-126 

KE-127 

KE-128 

KE-129 

KE-131 

KE-132 

KE-133 

KE-134 

KE-135 

KE-136 

KE-137 

KE-138 

KE-139 

KE-140 

KE-141 

KE-142 

KE-143 

KE-144 

KE-145 

KE-146 

KE-147 

KE-148 

KE-149 

KE-150 

KE-151 

KE-152 

KE-153 

KE-154 

KE-155 

KE-156 

KE-157 

KE-158 

KE-159 

KE-160 


Co1 umn 
3 


Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 
Ken 


O.  Reg.  639/77,  Sched.  17. 


1118 


GAME  AND  FISH 


Reg.  436 


Schedule  18 

Abbreviations 

Item 

Column 

Col 

jmn 

Column 

Co  for  Coch 

rane 

1 

2 

3 

Tim  for  Tlmlskamlng 

54 

24 

KL 

-54 

Tim 

ItM 

Column 

Column 

Col umn 

55 

24 

KL 

-55 

Tim 

1 

2 

3 

56 

24 

KL 

-56 

Tim 

57 

24 

KL 

-57 

T1m 

1 

24 

KL-l 

Co 

58 

24 

KL 

-58 

Tim 

2 

24 

KL-2 

Co 

59 

24 

KL 

■59 

Tim 

3 

24 

10.-3 

Co 

60 

24 

KL 

-60 

Tim 

« 

24 

IU.-4 

Co 

61 

24 

KL 

-61 

Tim 

S 

24 

KL-5 

Co 

62 

24 

KL-62 

Tim 

6 

24 

KL-6 

Co  &  Tim 

63 

24 

KL-63 

Tim 

7 

24 

10.-7 

Co 

64 

24 

KL 

-64 

Tim 

S 

24 

I0.-8 

Co 

65 

24 

KL 

-65 

Tim 

9 

24 

I0.-9 

Co 

66 

24 

KL 

-66 

Co  S  Tim 

10 

24 

KL-10 

Co 

67 

24 

KL 

-67 

Tim 

11 

24 

KL-ll 

Co 

68 

24 

KL 

-68 

Tim 

12 

24 

I0.-12 

Co 

69 

24 

KL 

-69 

Tim 

13 

24 

KL-13 

Tim 

70 

24 

KL 

-70 

Tim 

14 

24 

I0.-14 

Co 

71 

24 

KL 

-71 

Tim 

15 

24 

KL-15 

Co  &  Tim 

72 

24 

KL 

-72 

Tin 

16 

24 

I0.-16 

Co 

73 

24 

KL 

-73 

TiM 

17 

24 

I0.-17 

Co  &  Tim 

74 

24 

KL 

-74 

Tim 

18 

24 

KL-18 

Co  &  T1m 

75 

24 

KL 

-75 

Tim 

19 

24 

KL-19 

Co  &  Tim 

76 

24 

KL 

-76 

Tim 

20 

24 

KL-20 

Tim 

77 

24 

KL 

-77 

Tim 

21 

24 

I0.-21 

Tim 

78 

24 

KL 

-78 

Tim 

22 

24 

KL-22 

Tim 

79 

24 

KL 

-79 

Tim 

23 

24 

KL-23 

Co 

80 

24 

KL 

-80 

Tim 

24 

24 

KL-24 

Co 

81 

24 

KL 

•81 

Tim 

25 

24 

KL-25 

Co 

82 

24 

KL 

-82 

Tim 

26 

24 

KL-26 

Tim 

83 

24 

KL 

-84 

Tim 

27 

24 

KL-27 

Tim 

84 

24 

KL 

■85 

Tim 

28 

24 

KL-28 

Tim 

85 

24 

KL 

■86 

Tim 

29 

24 

10.-29 

Tim 

86 

24 

KL 

■87 

Tim 

30 

24 

I0.-30 

Tim 

87 

24 

KL 

■88 

Tim 

31 

24 

ia-31 

Tim 

88 

24 

KL 

■89 

Tim 

32 

24 

I0.-32 

Tim 

89 

24 

KL 

■90 

Tim 

33 

24 

I0.-33 

Tim 

90 

24 

KL 

91 

Tim 

34 

24 

KL-34 

Tim 

91 

24 

KL 

■92 

Tim 

35 

24 

KL-3S 

Tim 

92 

24 

KL 

■93 

Tim 

36 

24 

KL-36 

Tim 

93 

24 

KL 

94 

Tim 

37 

24 

I0.-37 

Tim 

94 

24 

KL 

95 

Tim 

38 

24 

KL-38 

Tim 

95 

24 

KL- 

96 

Tim 

39 

24 

101-39 

Tim 

96 

24 

KL- 

97 

Tiro 

40 

24 

I0.-4O 

Tim 

97 

24 

KL- 

98 

Tim 

41 

24 

KL-41 

Tim 

98 

24 

KL- 

99 

Tim 

42 

24 

I0.-42 

Tim 

99 

24 

KL- 

100 

Tim 

43 

24 

10.-43 

Tim 

100 

24 

KL- 

102 

Tim 

44 

24 

KL-44 

Tim 

101 

24 

KL- 

103 

Tim 

45 

24 

KL-45 

Tim 

102 

24 

KL- 

106 

Tim 

4« 

24 

KL-46 

Tim 

103 

24 

KL- 

107 

Tim 

47 

24 

I0.-47 

Tim 

104 

24 

KL- 

108 

Tim 

48 

24 

10.-48 

Tim 

105 

24 

KL- 

no 

Tim 

49 

24 

I0.-49 

Tim 

106 

24 

KL- 

111 

Tim 

SO 

24 

ICL-50 

Tim 

51 
52 

24 
24 

I0.-51 
KL-52 

Co  &  Tim 
Tin 

0.  Reg.  639/77, 

Sched.  18. 

53 

24 

KL-53 

Tim 

Reg.  436 


GAME  AND  FISH 


1119 


Schedule  19 


Abbreviations: 

Hal  for  Haliburton 
Pet  for  Peterborough 
Vic  for  Victoria 


Item  Colunn 
1 

1  25 

2  25 

3  25 

4  25 

5  25 

6  25 

7  25 

8  25 

9  25 

10  25 

11  25 

12  25 

13  25 

14  25 

15  25 

16  25 

17  25 

18  25 

19  25 

20  25 

21  25 

22  25 

23  25 

24  25 

25  25 

26  25 

27  25 

28  25 

29  25 

30  25 

31  25 

32  25 

33  25 

34  25 

35  25 

36  25 

37  25 

38  25 

39  25 

40  25 

41  25 

42  25 

43  25 

44  25 

45  25 

46  25 

47  25 

48  25 

49  25 

50  25 

51  25 

52  25 

53  25 

54  25 

55  25 

56  25 

57  25 

58  25 

59  25 

60  25 

61  25 

62  25 

63  25 

64  25 

65  25 

66  25 

67  25 

68  25 

69  25 

70  68 


Column 

Column 

2 

3 

MD-1 

Hal 

MD-2 

Hal 

MD-3 

Hal 

MD-4 

Hal 

MO-5 

Hal 

MD-6 

Hal 

MO- 7 

Hal 

MO-8 

Hal 

MD-9 

Ha1 

MD-10 

Hal 

MO- 12 

Hal 

MD-13 

Hal 

MD-14 

V1c 

MD-15 

Hal 

MD-16 

Vic 

MD-17 

Vic 

MD-18 

Vic 

MD-19 

Vic 

MD-20 

Vic 

HD-23 

Vic 

MD-24 

Vic 

MD-25 

Vic 

MD-26 

Vic 

MO-27 

Vic 

MO-28 

Hal 

MD-29 

Hal  &  Vic 

MD-30 

Hal  &  Vic 

MD-31 

Hal 

HD-32 

Hal 

MD-33 

Hal 

MO- 34 

Hal 

MO- 35 

Hal 

MD-36 

Hal 

MD-37 

Hal 

MD-39 

Pet 

MD-40 

Pet 

MD-41 

Pet 

MD-42 

Pet 

MD-43 

Pet 

MD-44 

Pet 

MD-46 

Pet 

MD-49 

Pet 

MO- 50 

Pet 

MO- 51 

Hal 

MO-52 

Pet 

MD-53 

Pet 

MO-54 

Pet 

MD-55 

Pet 

MD-56 

Pet 

MD-58 

Pet 

MD-59 

Pet 

MD-60 

Hal  &  Pet 

MD-62 

Hal 

MD-63 

Hal 

MO-64 

Hal 

MO-65 

Hal 

MO-67 

Hal 

MD-68 

Hal 

HO-69 

Hal 

MD-70 

Hal 

MD-71 

Hal 

MO- 72 

Hal 

MO- 73 

Pet 

MO- 76 

Hal 

MO- 77 

Hal 

MO- 82 

Hal 

MO- 84 

Pet 

MO- 85 

Pet 

MD-86 

Pet 

MD-87 

Hal  &  Vic 

O.  Reg.  639/77,  Sched.  19;  O.  Reg.  850/78.  s.  3. 


Schedul 

e  20 

Abbreviations: 

Co  for 

Cochrane 

Ken  for 

Kenora 

Item 

Column 
1 

Column 
2 

1 

26 

MO- 112 

2 

26 

MO-113 

3 

26  S  27 

MO- 114 

4 

27 

MO-115 

5 

26  &  27 

MO- 116 

6 

28  &  30 

HO-117 

7 

28  &  30 

MO-118 

8 

27  &  28 

MO- 119 

9 

28  &  30 

MO-120 

10 

28 

MO-121 

11 

27  &  28 

MO- 122 

12 

27.  30  &  31 

MO- 123 

13 

30 

MO- 124 

14 

28  &  30 

MO- 125 

15 

27 

MO- 126 

16 

27 

MO- 12 7 

17 

27 

MO- 128 

18 

26  S  27 

MO- 129 

19 

30  &  31 

M0-130 

20 

27 

MO- 131 

21 

30  &  31 

MO- 132 

22 

30  &  31 

MO-133 

23 

27  S  31 

MO-135 

24 

30  &  31 

MO- 136 

25 

31 

MO- 137 

26 

31 

MO- 138 

27 

26.  27.  31  &  32 

MO- 139 

28 

27.  31  &  32 

MO- 140 

29 

27 

MO-141 

30 

27  &  31 

MO- 142 

31 

30  &  31 

MO- 143 

32 

26  S  27 

HO- 144 

33 

27 

HO- 145 

34 

26  &  27 

MO-146 

35 

27  S  31 

MO-147 

36 

27  &  31 

HO- 148 

37 

31 

HO- 149 

38 

27  S  31 

HO-150 

39 

27 

HO-151 

40 

28  i   30 

HO- 152 

41 

28 

HO- 154 

42 

27 

HO- 155 

43 

26  &  32 

HO- 156 

44 

28 

HO-157 

45 

27  &  28 

HO- 158 

46 

27  S  28 

HO- 159 

47 

29 

MO- 160 

48 

28  &  29 

MO-161 

49 

28  &  29 

HO- 162 

50 

28 

HO- 168 

51 

28  &  29 

HO- 169 

52 

28 

M0-170 

53 

28 

MO-172 

54 

28 

HO-173 

55 

28 

MO-174 

56 

28 

HO-175 

57 

28 

MO- 176 

58 

28 

MO-177 

59 

28 

HO- 178 

6- 

28 

HO- 180 

61 

28 

MO- 181 

62 

27  &  28 

MO-183 

63 

28 

HO- 185 

64 

28 

HO-187 

65 

27 

HO-188 

66 

28 

MO- 190 

67 

28 

MO-191 

68 

27  &  28 

HO- 192 

69 

29 

HO- 196 

70 

29 

MO- 197 

71 

29 

HO- 198 

72 

27  t  28 

MO-200 

73 

28  S  29 

HO- 201 

Column 
3 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Ken 

Co 

Ken 

Ken 

Ken 

Ken 

Ken 

Ken 

Ken 

Ken 

Co 

Ken 

Co 

Ken 

Co 

Co 

Ken 

Ken 

Ken 

Ken 

Ken 

Co 

Co 

Co 

Ken 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 

Co 


1120 


GAME  AND  FISH 


Reg.  436 


Item 

Column 

Column 

Col  urn 

1                       Item 

Column 

Column 

Column 

1 

2 

3 

1 

2 

3 

74 

28 

MO- 202 

Co 

75 

36 

MO- 20 3 

Ken 

31 

37  &  38 

NG-31 

T.B. 

76 

36 

MO-204 

Ken 

32 

37  &  38 

N6-32 

T.B. 

77 

31  i 

36 

MO-205 

Ken 

33 

38 

NG-34 

T.B. 

78 

36 

MO- 206 

Ken 

34 

38 

NG-35 

T.B. 

79 

35  S 

36 

MO-207 

Ken 

35 

38 

NG-36 

T.B. 

80 

35  & 

36 

MO-208 

Ken 

36 

38 

NG-37 

T.B. 

81 

35  a 

36 

MO- 209 

Ken 

37 

38 

NG-38 

T.B. 

82 

32  « 

35 

MO-210 

Ken 

38 

38 

NG-29 

T.B. 

83 

35 

MO-211 

Ken 

39 

38 

NG-40 

T.B. 

84 

32  & 

35 

MO-212 

Ken 

40 

38 

NG-41 

T.B. 

85 

31  & 

36 

MO-213 

Ken 

41 

38 

NG-42 

T.B. 

86 

31 

MO-214 

Ken 

42 

38 

NG-43 

T.B. 

87 

31 

MO-215 

Ken 

43 

38 

NG-44 

T.B. 

88 

31  & 

32 

MO-216 

Ken 

44 

38 

NG-45 

T.B. 

89 

31 

MO-217 

Ken 

45 

38 

NG-46 

T.B. 

90 

31  & 

32 

MO-218 

Ken 

46 

38 

NG-47 

T.B. 

91 

31  & 

32 

MO-219 

Ken 

47 

38 

NG-48 

T.B. 

92 

31  & 

32 

MO-220 

Ken 

48 

38 

NG-49 

T.B. 

93 

32 

MO-222 

Ken 

49 

38 

NG-50 

T.B. 

94 

32 

MO-223 

Ken 

50 

38 

NG-51 

T.B. 

95 

32 

MO-224 

Ken 

51 

38 

NG-52 

T.B. 

96 

32  & 

33 

MO-225 

Ken 

52 

38 

NG-53 

T.B. 

97 

32  i 

33 

MO-226 

Ken 

53 

38 

NG-54 

T.B. 

98 

28 

MO-228 

Co 

54 

38 

NG-55 

T.B. 

99 

32  & 

33 

MO-229 

Ken 

5S 

38 

NG-56 

T.B. 

100 

31  & 

32 

M0-230 

Ken 

56 

38 

NG-57 

T.B. 

101 

31  & 

32 

MO-231 

Ken 

57 

38 

NG-58 

T.B. 

102 

31 

MO-232 

Ken 

58 

38 

NG-59 

T.B. 

103 

31 

MO-233 

Ken 

59 

38 

NG-60 

T.B. 

104 

31 

MO-234 

Ken 

60 

38 

NG-61 

T.B. 

105 

28 

MO-237 

Co 

61 

38 

NG-62 

T.B. 

106 

31 

MO-238 

Ken 

62 

38 

NG-63 

T.B. 

107 

33  & 

34 

MO-386 

Ken 

63 

38 

NG-64 

1.8. 

108 

34 

MO-387 

Ken 

64 

38 

NG-65 

T.B. 

109 

33  & 

34 

MO-388 

Ken 

65 

38 

NG-66 

T.B. 

110 

35 

MO- 389 

Ken 

66 

38 

NG-67 

T.B. 

111 

32.  33, 

34  &  35 

MO- 390 

Ken 

67 

38 

NG-68 

T.B. 

112 

34  & 

35 

MO- 391 

Ken 

68 

38 

NG-69 

T.B. 

113 

34  & 

35 

MO- 392 

Ken 

69 

38 

NG-70 

T.B. 

114 

34  & 

35 

MO- 393 

Ken 

70 

38 

NG-71 

T.B. 

115 

34 

MO- 394 

Ken 

71 

38 

NG-73 

T.B. 

116 

34 

MO-395 

Ken 

72 

38 

NG-74 

T.B. 

117 

35 

MO-396 

Ken 

73 

38 

NG-75 

T.B. 

118 

35 

MO-397 

Ken 

74 

38 

NG-76 

T.B. 

119 

33 

MO-398 

Ken 

75 
76 
77 

38 

38 
38 

NG-77 
NG-78 
NG-79 

T.B. 
T.B. 
T.B. 

0. 

Reg.  639/77. 

Sched. 

20.                 78 
79 
80 

38 

38 
37  &  38 

NG-80 
NG-81 
NG-82 

T.B. 
T.B. 
T.B. 

Schedul 

e  21 

81 
82 

38 
38 

NG-83 
NG-84 

T.B. 
T.B. 

Abbreviations: 

83 
84 

37  &  38 
37  &  38 

NG-85 
NG-86 

T.B. 
T.B. 

T.B. 

for  Thunder  Bay 

85 

38 

NG-87 

T.B. 

86 

38 

NG-S8 

T.B. 

87 

38 

NG-89 

T.B. 

Item 

Column 

Column 

Co1um 

1                        88 

38 

NG-90 

T.B. 

1 

2 

3 

89 
90 

38 
38 

NG-91 
NG-92 

T.B. 
T.B. 

1 

37 

N6-1 

T.B 

91 

38 

NG-93 

T.B. 

2 

37 

N6-2 

B 

92 

38 

N6-94 

T.B. 

3 

37 

N6-3 

8 

93 

38 

NG-95 

T.B. 

4 

37 

N6-4 

8 

94 

38 

NG-96 

T.B. 

S 

37 

N6-5 

B 

95 

38 

NG-97 

T.B. 

6 

37 

N6-6 

B 

96 

38 

NG-98 

T.B. 

7 

37 

N6-7 

B 

97 

38 

NG-99 

T.B. 

8 

37 

N6-8 

8 

98 

38 

NG-100 

T.B. 

9 

37 

N6-9 

B 

99 

38 

NG-101 

T.B. 

10 

37 

N6-10 

B 

100 

38 

NG-102 

T.B. 

11 

37 

N6-11 

B 

101 

38 

NG-103 

T.B. 

12 

37 

N6-12 

B 

102 

38 

NG-104 

T.B. 

13 

37 

N6-13 

B 

103 

38 

NG-105 

T.B. 

14 

37 

NG-14 

B 

104 

38 

NG-106 

T.B. 

15 

37 

N6-15 

B 

105 

38 

NG-107 

T.B. 

16 

37 

N6-16 

B 

106 

38 

NG-108 

T.B. 

17 

37 

N6-17 

B 

107 

38 

NG-109 

T.B. 

18 

37 

N6-18 

B 

108 

38 

NG-110 

T.B. 

19 

37 

NG-19 

B 

109 

38 

NG-Ul 

T.B. 

20 

37 

N6-20 

8 

110 

38 

NG-112 

T.B. 

21 

37 

N6-21 

8 

HI 

38 

NG-113 

T.B. 

22 

37 

N6-22 

8 

112 

38 

NG-114 

T.B. 

23 

37 

N6-23 

B 

113 

38 

NG-116 

T.B. 

24 

37 

N6-24 

B 

114 

38 

NG-117 

T.B. 

25 

37 

N6-25 

B 

115 

38 

NG-118 

T.B. 

26 

37  &  38 

NG-26 

B 

116 

38 

NG-119 

T.B. 

27 

37 

NG-27 

B 

117 

38 

NG-120 

T.B. 

28 

37  &  38 

NG-28 

B 

29 

38 

N6-29 

B 

30 

38 

N6-30 

B 

0.  Reg 

.  639/77,  Sched. 

21;  O.  Reg. 

925/79,  s.  4. 

Reg.  436 


GAME  AND  FISH 


1121 


Schedule  22 

Abbrev 

latlons: 

Item 

Column 

Column 

Coluan 

Nip 

for  Ni'piss1ng 

1 

2 

3 

P.S. 
Sud 

for  Parry  Sound 
for  Sudbury 

40 
41 

39 
39 

NB-41 
NB-42 

Sud  &  Nip 

Nip 

42 

39 

NB-43 

Nip 

Item 

Column 

Column 

Column 

43 

39 

NB-44 

Nip 

1 

2 

3 

44 

39 

NB-45 

Nip 

45 

39 

NB-46 

Nip 

1 

39 

NB-1 

Sud  &  Nip 

46 

39 

NB-47 

Nip 

2 

39 

NB-2 

Sud  &  Nip 

47 

39 

NB-48 

Nip 

3 

39 

NB-3 

Sud  S  Nip 

48 

39 

NB-49 

Nip 

4 

39 

NB-4 

Sud  &  Nip 

49 

39 

NB-50 

Sud  &  Nip 

5 

39 

NB-5 

Nip 

50 

39 

NB-51 

Sud  i  Nip 

6 

39 

NB-6 

Nip 

51 

39 

NB-52 

Nip 

7 

39 

NB-7 

Nip 

52 

39 

NB-53 

P.S. 

8 

39 

NB-8 

Nip 

S3 

39 

NB-54 

P.S. 

9 

39 

NB-9 

Nip 

54 

39 

NB-56 

Nip 

10 

39 

NB-10 

Nip 

55 

39 

NB-57 

Nip 

11 

39 

NB-11 

Nip 

56 

39 

NB-58 

Nip 

12 

89 

NB-12 

Sud  &  Nip 

57 

39 

NB-59 

Nip 

13 

39 

N8-13 

Nip 

58 

39 

NB-60 

Nip 

14 

39 

NB-14 

Nip 

59 

39 

NB-61 

P.S. 

15 

39 

NB-15 

N1p 

60 

39 

NB-62 

P.S. 

16 

39 

NB-16 

Nip 

61 

39 

NB-63 

P.S. 

17 

69 

NB-17 

Nip 

62 

39 

NB-64 

Nip 

18 

69 

NB-18 

Sud  t  Nip 

63 

39 

NB-65 

Nip 

19 

39 

NB-19 

Nip 

64 

39 

NB-66 

P.S. 

20 

39 

NB-20 

Nip 

65 

39 

NB-67 

P.S. 

21 

39 

NB-21 

Nip 

66 

39 

NB-68 

P.S. 

22 

39 

NB-22 

Nip 

67 

39 

NB-69 

P.S. 

23 

39 

NB-23 

Nip 

68 

39 

NB-70 

P.S. 

24 

39 

NB-24 

Nip 

69 

39 

NB-71 

P.S. 

25 

39 

NB-25 

Nip 

70 

39 

NB-72 

Nip 

26 

39 

NB-26 

Nip 

71 

39 

NB-73 

P.S. 

27 

39 

NB-28 

Nip 

72 

39 

NB-74 

P.S. 

28 

39 

NB-29 

Nip 

73 

39 

NB-75 

P.S. 

29 

39 

NB-30 

Nip 

74 

39 

NB-76 

P.S. 

30 

39 

NB-31 

Nip 

75 

39 

NB-77 

P.S. 

31 

39 

NB-32 

Nip 

76 

39 

NB-78 

P.S. 

32 

39 

NB-33 

Nip 

77 

39 

NB-79 

Nip 

33 

39 

NB-34 

Nip 

78 

39 

NB-80 

Nip 

34 

39 

NB-35 

Nip 

79 

39 

NB-81 

Nip 

35 

39 

NB-36 

Sud  &  Nip 

80 

39 

NB-82 

P.S. 

36 

39 

NB-37 

Nip 

81 

39 

NB-83 

Nip 

37 

39 

NB-38 

Nip 

82 

69 

NB-84 

Nip 

38 

39 

NB-39 

Nip 

39 

39 

N8-40 

Nip 

0.  Reg 

639/77,  Sched. 

22;  0.  Ree 

.  850/78,  s.  4 

1122 


GAME  AND  FISH 


Reg.  436 


Schedule  23 

Schedul 

B  24 

Abbreviations: 

Abbreviations: 

P.S.   for  Parry  Sound 

Ren  for 

Renfrew 

ItM 

Col  inn 

Column 

Column 

Item 

Column 

Col 

jmn 

Column 

I 

2 

3 

1 

2 

3 

1 

40 

PS-17 

P.S. 

1 

41 

PE 

-1 

Ren 

2 

40 

PS-40 

P.S. 

2 

41 

PE 

-2 

Ren 

3 

40 

PS-41 

P.S. 

3 

41 

PE 

-9 

Ren 

4 

40 

PS-42 

P.S. 

4 

41 

PE 

-15 

Ren 

5 

40 

PS-43 

P.S. 

5 

41 

PE 

-17 

Ren 

6 

40 

PS-44 

P.S. 

6 

41 

PE 

-18 

Ren 

7 

40 

PS-45 

P.S. 

7 

41 

PE 

-19 

Ren 

8 

40 

PS-46 

P.S. 

a 

41 

PE 

-20 

Ren 

9 

40 

PS-60 

P.S. 

9 

41 

PE 

-21 

Ren 

10 

40 

PS-61 

P.S. 

10 

41 

PE-22 

Ren 

11 

40 

PS-62 

P.S. 

11 

41 

PE 

-24 

Ren 

12 

40 

PS-63 

P.S. 

12 

41 

PE 

-25 

Ren 

13 

40 

PS-64 

P.S. 

13 

41 

PE 

-26 

Ren 

14 

40 

PS-66 

P.S. 

14 

41 

PE 

-35 

Ren 

15 

40 

PS-67 

P.S. 

15 

41 

PE 

-37 

Ren 

16 

40 

PS-70 

P.S. 

16 

41 

PE 

■38 

Ren 

17 

40 

PS-72 

P.S. 

17 

41 

PE 

■39 

Ren 

18 

40 

PS-73 

P.S. 

18 

41 

PE 

■41 

Ren 

19 

40 

PS-74 

P.S. 

19 

41 

PE 

■42 

Ren 

20 

40 

PS-76 

P.S. 

20 

41 

PE 

43 

Ren 

21 

40 

PS-77 

P.S. 

21 

41 

PE 

■44 

Ren 

22 

40 

PS-78 

P.S. 

22 

41 

PE 

46 

Ren 

23 

40 

PS-79 

P.S. 

23 

41 

PE 

■48 

Ren 

24 

40 

PS-80 

P.S. 

24 

41 

PE 

53 

Ren 

25 

40 

PS-81 

P.S. 

25 

41 

PE 

54 

Ren 

26 

40 

PS-84 

P.S. 

26 

41 

PE 

55 

Ren 

27 

40 

PS-8S 

P.S. 

27 

41 

PE 

56 

Ren 

28 

40 

PS-86 

P.S. 

28 

41 

PE- 

59 

Ren 

29 

40 

PS-88 

P.S. 

29 

41 

PE- 

60 

Ren 

30 

40 

PS-89 

P.S. 

30 

41 

PE- 

66 

Ren 

31 

40 

PS-90 

P.S. 

31 

41 

PE 

67 

Ren 

32 

40 

PS-91 

P.S. 

32 

41 

PE 

■68 

Ren 

33 

40 

PS-94 

P.S. 

33 

41 

PE 

■69 

Ren 

34 

40 

PS-95 

P.S. 

34 

41 

PE- 

70 

Ren 

35 

40 

PS-97 

P.S. 

35 

41 

PE- 

71 

Ren 

36 

40 

PS- 110 

P.S. 

36 

41 

PE 

75 

Ren 

37 

40 

PS-US 

P.S. 

37 

41 

PE- 

76 

Ren 

38 

40 

PS-U6 

P.S. 

38 

41 

PE- 

77 

Ren 

39 

40 

PS-117 

P.S. 

39 

41 

PE- 

78 

Ren 

40 

40 

PS-118 

P.S. 

40 

41 

PE- 

79 

Ren 

41 

40 

PS- 119 

P.S. 

41 

41 

PE- 

80 

Ren 

42 

40 

PS- 120 

P.S. 

42 

41 

PE- 

82 

Ren 

43 

40 

PS-129 

P.S. 

43 

41 

PE- 

85 

Ren 

44 

40 

PS- 132 

P.S. 

44 

41 

PE- 

86 

Ren 

45 

40 

PS- 133 

P.S. 

46 

47 

40 
40 

PS- 134 
PS-135 

P.S. 
P.S. 

0.  Reg. 

639/77,  Sched 

24;  0 

.  Reg. 

805/80,  s.  6. 

48 

40 

PS- 137 

P.S. 

49 

40 

PS-139 

P.S. 

50 

40 

PS- 145 

P.S. 

SI 

40 

PS- 146 

P.S. 

52 

40 

PS- 147 

P.S. 

53 

40 

PS- 150 

P.S. 

54 

40 

PS- 152 

0.  Reg.  639/77, 

P.S. 

Sched.  23. 

Reg.  436 


GAME  AND  FISH 


1123 


Schedule  25 

Abbreviations: 

IteiR 

Column 

Column 

Column 

Ken  for  Kenora 

1 

2 

3 

80 

42  &  43 

RL-98 

Ken 

Item                   Column 

Column 

Column 

81 

42 

RL-99 

Ken 

1 

2 

3 

82 

42 

RL-100 

Ken 

83 

42  &  43 

RL-101 

Ken 

1                        43 

RL-1 

Ken 

84 

42 

RL-102 

Ken 

2                        43 

RL-2 

Ken 

85 

42 

RL-103 

Ken 

3                        43 

RL-4 

Ken 

86 

42 

RL-104 

Ken 

4                          43 

RL-5 

Ken 

87 

43 

RL-105 

Ken 

5                          43 

RL-6 

Ken 

88 

43 

RL-106 

Ken 

6                          43 

RL-7 

Ken 

89 

43 

RL-Ul 

Ken 

7                          43 

RL-8 

Ken 

90 

42 

RL-112 

Ken 

8                        43 

RL-9 

Ken 

91 

42 

RL-113 

Ken 

9                        43 

RL-13 

Ken 

92 

42  &  43 

RL-114 

Ken 

10                        43 

RL-14 

Ken 

93 

42  &  43 

RL-115 

Ken 

11                        43 

RL-15 

Ken 

94 

43 

RL-1 16 

Ken 

12                        43 

RL-16 

Ken 

95 

43 

RL-117 

Ken 

13                        43 

RL-17 

Ken 

96 

42 

RL-118 

Ken 

14                          43 

RL-18 

Ken 

97 

42 

RL-119 

Ken 

15                          43 

RL-19 

Ken 

98 

42 

RL-120 

Ken 

16                          43 

RL-20 

Ken 

99 

42 

RL-121 

Ken 

17                          43 

RL-21 

Ken 

100 

42 

RL-122 

Ken 

18                          43 

RL-22 

Ken 

101 

42 

RL-123 

Ken 

19                          43 

RL-23 

Ken 

102 

42 

RL-124 

Ken 

20                          43 

RL-24 

Ken 

103 

42 

RL-125 

Ken 

21                          43 

RL-25 

Ken 

104 

42 

RL-126 

Ken 

22                          43 

RL-26 

Ken 

105 

42 

RL-127 

Ken 

23                          43 

RL-27 

Ken 

106 

42 

RL-128 

Ken 

24                          43 

RL-28 

Ken 

107 

42 

RL-129 

Ken 

25                          43 

RL-29 

Ken 

108 

42 

RL-130 

Ken 

26                          43 

RL-30 

Ken 

109 

42 

RL-131 

Ken 

27                          43 

RL-31 

Ken 

110 

42 

RL-132 

Ken 

28                          43 

RL-32 

Ken 

111 

42 

RL-133 

Ken 

29                          43 

RL-33 

Ken 

112 

42 

RL-134 

Ken 

30                          43 

RL-34 

Ken 

113 

42 

RL-135 

Ken 

31                          43 

RL-35 

Ken 

114 

42 

RL-136 

Ken 

32                          43 

RL-36 

Ken 

115 

42 

RL-137 

Ken 

33                          43 

RL-37 

Ken 

116 

42 

RL-138 

Ken 

34                          43 

RL-38 

Ken 

117 

42 

RL-139 

Ken 

35                          43 

RL-39 

Ken 

118 

42 

RL-140 

Ken 

36                          43 

RL-40 

Ken 

119 

42 

RL-141 

Ken 

37                          43 

RL-41 

Ken 

120 

42 

RL-142 

Ken 

38                          43 

RL-42 

Ken 

121 

42 

RL-143 

Ken 

39                          43 

RL-43 

Ken 

122 

42 

RL-144 

Ken 

40                          43 

RL-44 

Ken 

123 

42 

RL-145 

Ken 

41                          43 

RL-51 

Ken 

124 

74 

RL-151 

Ken 

42                          43 

RL-52 

Ken 

125 

42 

RL-147 

Ken 

43                          43 

RL-53 

Ken 

126 

42 

RL-148 

Ken 

44                          43 

RL-54 

Ken 

45                          43 

RL-56 

Ken 

127 

42 

RL-ISO 

Ken 

46                          43 

RL-57 

Ken 

128 

75 

RL-1 54 

Ken 

47                          43 

RL-58 

Ken 

129 

42 

RL-152 

Ken 

48                          43 

RL-59 

Ken 

130 

42 

RL-153 

Ken 

49                          43 

RL-60 

Ken 

50                          43 

RL-61 

Ken 

131 

42 

RL-155 

Ken 

51                          43 

RL-62 

Ken 

132 

42 

RL-156 

Ken 

52                          43 

RL-63 

Ken 

133 

42 

RL-157 

Ken 

53                          43 

RL-64 

Ken 

134 

42 

RL-158 

Ken 

54                          43 

RL-65 

Ken 

135 

42 

RL-159 

Ken 

55                          43 

RL-66 

Ken 

136 

42 

RL-160 

Ken 

56                          43 

RL-67 

Ken 

137 

42 

RL-161 

Ken 

57                        43 

RL-68 

Ken 

138 

42 

RL-162 

Ken 

58                        43 

RL-69 

Ken 

139 

42 

RL-163 

Ken 

59                        43 

RL-70 

Ken 

140 

42 

RL-164 

Ken 

60                        43 

RL-71 

Ken 

141 

42 

RL-165 

Ken 

61                        43 

RL-72 

Ken 

142 

42 

RL-166 

Ken 

62                        43 

RL-73 

Ken 

143 

42 

RL-167 

Ken 

63                        43 

RL-74 

Ken 

144 

42 

RL-168 

Ken 

64                        43 

RL-7S 

Ken 

145 

42 

RL-169 

Ken 

65                        43 

RL-76 

Km 

146 

42 

RL-170 

Ken 

66                        43 

RL-77 

Kan 

147 

42 

RL-171 

Ken 

67                        43 

RL-78 

Ken 

148 

42 

RL-172 

Ken 

68                        43 

RL-86 

Ken 

149 

42 

RL-173 

Ken 

69                        43 

RL-87 

Ken 

150 

42 

RL-174 

Ken 

70                        43 

RL-88 

Ken 

151 

42 

RL-175 

Ken 

71                        43 

RL-89 

Ken 

152 

42 

RL-1 76 

Ken 

72                    42  4  43 

RL-90 

Ken 

153 

42 

RL-177 

Ken 

73                    42  &  43 

RL-91 

Ken 

154 

42 

RL-1 78 

Ken 

74                          43 

RL-92 

Ken 

155 

42 

RL-1 79 

Ken 

75                          43 

RL-93 

Ken 

156 

42 

RL-180 

Ken 

76                    42  t  43 

RL-94 

Ken 

157 

42 

RL-181 

Ken 

77                          43 

RL-9S 

Ken 

78                        43 

RL-96 

Ken 

79                        43 

RL.97 

Ken 

O.  Ree. 

639/77.  Sched 

2!i:  O    RpcT    0 

7<C/70     c     C 

1124 


GAME  AND  FISH 


Reg.  436 


Abbreviations: 

A1 

for  Algoma 

ItM 

Colum 

Column 

Column 

1 

2 

3 

1 

44 

SS-l 

A1 

2 

44 

SS-2 

A1 

3 

44 

SS-3 

Al 

4 

44 

SS-4 

A1 

5 

44 

SS-5 

Al 

6 

44 

SS-6 

Al 

7 

44 

SS-7 

Al 

8 

44 

SS-8 

Al 

9 

44 

SS-9 

Al 

10 

44 

SS-10 

Al 

n 

44 

SS-11 

Al 

12 

44 

SS-12 

Al 

13 

44 

SS-13 

Al 

14 

44 

SS-14 

Al 

IS 

a 

SS-15 

Al 

16 

44 

SS-16 

Al 

17 

44 

SS.17 

Al 

18 

44 

SS-18 

Al 

19 

44 

SS-19 

Al 

20 

44 

SS-20 

Al 

21 

44 

SS-21 

Al 

22 

44 

SS.22 

Al 

23 

44 

SS-23 

Al 

24 

44 

SS-24 

Al 

2S 

44 

SS-25 

Al 

2« 

44 

SS-26 

Al 

27 

44 

SS-27 

Al 

28 

44 

SS-28 

Al 

29 

44 

SS-29 

Al 

Column 
1 

44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 
44 


Column 
2 

SS-30 
SS-31 
SS-32 
SS-33 
SS-34 
SS-35 
SS-36 
SS-37 
SS-38 
SS-39 
SS-40 
SS-41 
SS-42 
SS-43 
SS-44 
SS-45 
SS-46 
SS-47 
SS-48 
SS-49 
SS-50 
SS-51 
SS-52 
SS-53 
SS-54 
SS-55 
SS-56 
SS-57 
SS-58 
SS-59 


Column 
3 

Al 
Al 
Al 
A1 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 
Al 


O.  Reg.  639/77,  Sched.  26. 


Schedule  27 


ibbrev 

iations: 

Item 

Column 

Column 

Column 

Ken 

for  Kenora 

1 

2 

3 

T.B. 

for  Thunder 

Bay 

23 

45 

SL 

-101 

Ken 

tM 

Column 

Column 

Column 

24 

45 

SL 

•102 

Ken 

1 

2 

3 

25 

45 

SL 

-103 

Ken 

26 

45 

SL 

104 

Ken 

4S 

SL-1 

Ken 

27 

45 

SL 

-105 

Ken 

45 

SL-2 

Ken 

28 

45 

SL 

-106 

Ken 

45  & 

46 

SL-3 

Ken 

29 

45 

SL 

-107 

Ken 

46 

SL-4 

Ken 

30 

45  &  46 

SL 

-108 

Ken 

46 

SL-5 

Ken 

31 

45  &  46 

SL 

109 

Ken 

46 

SL-6 

Ken 

32 

45 

SL- 

110 

Ken 

46 

SL-7 

Ken 

33 

45 

SL 

111 

Ken 

46 

SL-8 

Ken 

34 

45 

SL 

112 

Ken 

46 

SL-9 

Ken 

35 

45 

SL 

113 

Ken 

46 

SL-10 

Ken 

36 

45  &  46 

SL- 

114 

Ken 

46 

SL-n 

Ken 

37 

45  &  46 

SL 

115 

Ken 

46 

SL-12 

Ken 

38 

46 

SL- 

116 

Ken 

45  & 

46 

SL-13 

Ken 

39 

46 

SL- 

117 

Ken 

45 

SL-14 

Ken 

40 

45  &  46 

SL 

118 

Ken 

45 

SL-15 

Ken 

41 

45 

SL- 

119 

Ken 

45 

SL-16 

Ken 

42 

45 

SL- 

120 

Ken 

45  & 

46 

SL-17 

Ken 

43 

45 

SL- 

121 

Ken 

45  & 

46 

SL-18 

Ken 

44 

45 

SL- 

122 

Ken 

46 

SL-20 

Ken 

45 

45  &  46 

SL- 

125 

Ken 

20 

46 

SL-21 

Ken 

46 

45  &  46 

SL- 

126 

Ken 

21 

45 

SL-22 

Ken 

47 

46 

SL- 

127 

Ken 

22 

45 

SL-100 

Ken 

48 

46 

SL- 

128 

Ken 

Reg.  436 


GAME  AND  FISH 


1125 


Item 

Column 

Colunn 

Colimn 

1 

2 

3 

49 

46 

$L-129 

Ken 

50 

46 

SL-130 

Ken 

51 

45  &  46 

SL-135 

Ken 

52 

46 

SL-136 

Ken 

53 

46 

SL-137 

Ken 

54 

46 

SL-138 

Ken 

55 

46 

SL-139 

Ken 

56 

46 

SL-140 

Ken 

57 

46 

SL-141 

Ken 

58 

46 

SL-142 

Ken 

59 

46 

SL-143 

Ken 

60 

46 

SL-144 

Ken 

61 

46 

SL-145 

Ken 

62 

46 

SL-146 

Ken 

63 

46 

SL-152 

T.B. 

64 

46 

SL-153 

T.B. 

65 

46 

SL-154 

T.B. 

66 

46 

SL-155 

T.B. 

67 

46  &  47 

SL-156 

T.B. 

68 

46 

SL-157 

T.B. 

69 

46 

SL-158 

T.B. 

70 

46 

SL-159 

T.B. 

71 

46 

SL-160 

T.B. 

72 

46 

SL-161 

T.B. 

73 

46 

$L-162 

T.B. 

74 

46 

SL-163 

T.B. 

75 

46 

SL-164 

Ken 

76 

46 

SL-165 

T.B. 

77 

47 

SL-168 

T.B. 

78 

47 

SL-169 

T.B. 

79 

46 

SL-170 

Ken 

80 

46 

SL-171 

Ken 

81 

46 

SL-172 

T.B. 

82 

46  &  48 

SL-173 

T.B. 

83 

46 

SL-174 

T.B. 

84 

46.  47  t  48 

SL-175 

T.B. 

85 

46  i  48 

SL-176 

T.B. 

86 

47  &  48 

SL-177 

T.B. 

87 

47 

SL-178 

T.B. 

88 

47  &  48 

SL-179 

Ken 

89 

48 

SL-180 

Ken 

90 

46  &  48 

SL-181 

Ken 

91 

46  &  48 

SL-182 

T.B. 

92 

46 

SL-183 

Ken 

93 

46  &  48 

SL-184 

Ken 

94 

48 

SL-185 

Ken 

95 

46  &  48 

$L-186 

Ken 

96 

48 

SL-187 

Ken 

97 

48 

SL-188 

Ken 

98 

48 

SL-189 

Ken 

99 

48 

SL-190 

Ken 

100 

45,  46.  48  &  49 

SL-191 

Ken 

101 

48  &  49 

SL-192 

Ken 

102 

48  &  49 

SL-193 

Ken 

103 

48  &  49 

SL-194 

Ken 

104 

48 

SL-195 

Ken 

105 

49 

SL-196 

Ken 

106 

49 

SL-197 

Ken 

107 

45  &  49 

SL-198 

Ken 

108 

49 

SL-200 

Ken 

109 

49 

SL-201 

Ken 

110 

48  &  49 

SL-202 

Ken 

111 

48 

SL-203 

Ken 

112 

48  S  49 

SL-204 

Ken 

113 

48  &  49 

SL-205 

Ken 

114 

48 

SL-206 

Ken 

115 

48 

SL-207 

Ken 

116 

48  i  49 

SL-208 

Ken 

117 

48 

SL-209 

Ken 

118 

49 

SL-210 

Ken 

119 

48  1  49 

SL-211 

Ken 

120 

48 

SL-212 

Ken 

121 

48 

SL-213 

Ken 

122 

48 

SL-214 

Ken 

123 

« 

SL-215 

Ken 

124 

49 

SL-216 

Ken 

125 

48 

SL-220 

Ken 

126 

48 

SL-221 

Ken 

127 

48 

SL-222 

Ken 

128 

48 

SL-223 

Ken 

129 

48 

SL-224 

Ken 

130 

48 

SL-225 

Ken 

131 

48 

SL-226 

Ken 

132 

48 

SL-227 

Ken 

133 

48 

SL-228 

Ken 

134 

48 

SL-229 

Ken 

135 

47,  48  t  52 

SL-2X 

Ken 

136 

47 

$L-231 

Ken 

137 

47 

SL-232 

Ken 

138 

47  t  52 

SL-233 

Ken 

139 

47  &  52 

SL-235 

Ken 

Item 

Col  urn 

Column 

Column 

1 

2 

3 

141 

48  &  52 

SL-236 

Ken 

142 

48 

SL-237 

Ken 

143 

48 

SL-238 

Ken 

144 

48 

SL-239 

Ken 

145 

48 

$L-240 

Ken 

146 

48  &  52 

SL-241 

Ken 

147 

48  &  52 

SL-242 

Ken 

148 

52 

SL-243 

Ken 

149 

52 

SL-244 

Ken 

150 

49 

SL-250 

Ken 

151 

48  &  49 

SL-251 

Ken 

152 

48 

SL-252 

Ken 

153 

48 

$L-253 

Ken 

154 

48 

SL-254 

Ken 

155 

48 

SL-255 

Ken 

156 

48  &  52 

$L-256 

Ken 

157 

48 

SL-257 

Ken 

158 

48  &  51 

$L-258 

Ken 

159 

48 

SL-259 

Ken 

160 

48 

SL-260 

Ken 

161 

48  &  51 

SL-261 

Ken 

162 

51 

SL-262 

Ken 

163 

48  &  51 

SL-263 

Ken 

164 

48,  49  &  51 

SL-264 

Ken 

165 

48  &  49 

SL-265 

Ken 

166 

48  i  49 

SL-266 

Ken 

167 

49 

SL-267 

Ken 

168 

48,  51  a  52 

SL-275 

Ken 

169 

48  &  52 

SL-276 

Ken 

170 

52 

SL-277 

Ken 

171 

52 

$L-278 

Ken 

172 

51  &  52 

SL-279 

Ken 

173 

52 

SL-280 

Ken 

174 

52 

SL-281 

Ken 

175 

51  &  52 

SL-282 

Ken 

176 

52 

SL-283 

Ken 

177 

51 

Sl-290 

Ken 

178 

51 

SL-291 

Ken 

179 

50 

SL-292 

Ken 

180 

50  &  51 

SL-293 

Ken 

181 

51 

SL-294 

Ken 

182 

51 

SL-295 

Ken 

183 

51 

SL-296 

Ken 

184 

51 

SL-297 

Ken 

IBS 

51 

$L-298 

Ken 

186 

50  &  51 

SL-299 

Ken 

187 

51  a  52 

$L-310 

Ken 

188 

51  &  52 

SL-311 

Ken 

189 

52 

SL-312 

Ken 

190 

52 

SL-313 

Ken 

191 

52 

SL-314 

Ken 

192 

52,  53  S  55 

SL-31S 

Ken 

193 

52  t  55 

SL-316 

Ken 

194 

52  &  55 

$L-317 

Ken 

195 

51.  52  &  55 

SL-318 

Ken 

196 

51 

SL-319 

Ken 

197 

51 

SL-320 

Ken 

198 

55 

SL-321 

Ken 

199 

55 

SL-322 

Ken 

200 

55 

SL-323 

Ken 

201 

53  &  55 

$L-324 

Ken 

202 

51 

SL-330 

Ken 

203 

51 

SL-331 

Ken 

204 

51  &  55 

$L-332 

Ken 

205 

55 

SL-333 

Ken 

206 

51  &  55 

SL-334 

Ken 

207 

51  &  55 

SL-33S 

Ken 

208 

51,  55  t  56 

SL-336 

Ken 

209 

51 

SL-337 

Ken 

210 

51 

SL-338 

Ken 

211 

51  &  55 

SL-339 

Ken 

212 

51,  55  1  56 

SL-340 

Ken 

213 

50,  51  &  56 

SL-350 

Ken 

214 

51  &  56 

SL-351 

Ken 

215 

55 

SL-360 

Ken 

216 

53.  54  t  55 

SL-361 

Ken 

217 

54  &  55 

SL-362 

Ken 

218 

54  &  55 

SL-363 

Ken 

219 

55  &  56 

$L-364 

Ken 

220 

55.  56  t  57 

SL-365 

Ken 

221 

55  1  57 

$L-36C 

Ken 

222 

55  »  S7 

SL-367 

Ken 

223 

52 

$L-375 

Ken 

224 

52  i  S3 

$L-376 

Ken 

225 

53 

SL-377 

Ken 

226 

53 

SL-378 

Ken 

227 

52  &  53 

SL-379 

Ken 

228 

S3 

SL-380 

Ken 

O.  Reg.  639/77,  Sched.  27. 


1126 


GAME  AND  FISH 


Reg.  436 


Schedule  28 


Abbreviations: 

Man  for  Manltoulln 
P.S.   for  Parry  Sound 
Sud  for  Sudbury 


Itm 


1 
? 
3 
4 
S 
C 
7 
8 
9 

10 

11 

12 

13 

14 

IS 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

36 

36 

37 

38 

39. 

40 

41 

42 

43 

44 

46 

46 

47 

48 

49 

SO 

SI 

S2 

S3 

54 

55 

56 

57 

58 

59 

60 

61 

62 

63 

64 

65 

6*^ 

67 

68 

69 

70 

71 

72 

73 

74 

75 

76 

77 

78 

79 

80 

81 


Column 
1 

58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 
58 


Column 
2 

SU-41 

SU-42 

SU-43 

SU-54 

SU-55 

SU-56 

SU-57 

SU-58 

SU-59 

SU-60 

SU-61 

SU-68 

SU-70 

SU-73 

SU-74 

SU-75 

SU-76 

SU-77 

SU-78 

SU-79 

SU-80 

SU-86 

SU-89 

SU-90 

SU-91 

SU-92 

SU-98 

SU-99 

SU-102 

SU-105 

SU-106 

SU-107 

SU-108 

SU-113 

SU-n4 

SU-115 

SU-116 

SU-120 

SU-121 

SU-122 

SU-127 

SU-128 

SU-129 

SU-130 

SU-131 

SU-132 

SU-133 

SU-134 

SU-135 

SU-140 

SU-141 

SU-142 

SU-143 

SU-144 

SU-145 

SU-146 

SU-147 

SU-148 

SU-149 

SU-150 

SU-151 

SU-156 

SU-157 

SU-158 

SU-159 

SU-160 

SU-161 

SU-162 

SU-163 

SU-164 

SU-169 

SU-170 

SU-171 

SU-172 

SU-173 

SU-174 

SU-175 

SU-176 

SU-177 

SU-178 

SU-179 


Column 
3 

Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Man 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Man 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Man 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Man 
Man 
Sud 
Sud 
Sud 
Sud 
Sud 
Man  &  Sud 
Man 
Man 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
P.S. 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 
Sud 


Item 

Column 

Column 

Column 

1 

2 

3 

82 

58 

SU-180 

Sud 

83 

58 

SU-181 

Sud 

84 

58 

SU-182 

Sud 

85 

58 

SU-183 

Sud 

86 

58 

SU-184 

Sud 

87 

58 

SU-185 

Sud 

88 

58 

SU-186 

Sud 

89 

58 

SU-187 

Sud 

90 

58 

SU-188 

Sud 

91 

58 

SU-189 

Sud 

92 

58 

SU-190 

Sud 

93 

58 

SU-191 

Sud 

94 

58 

SU-192 

Sud 

95 

58 

SU-193 

Sud 

96 

58 

SU-194 

Sud 

97 

58 

SU-195 

Sud 

98 

58 

SU-196 

Sud 

99 

58 

SU-197 

Sud 

100 

58 

SU-200 

Sud 

101 

58 

SU-201 

Sud 

102 

58 

SU-257 

Sud 

103 

58 

SU-265 

Sud 

104 

58 

SU-266 

Sud 

105 

58 

SU-267 

Sud 

106 

58 

SU-268 

Sud 

107 

58 

SU-269 

Sud 

108 

58 

SU-270 

Sud 

109 

58 

SU-272 

P.S. 

110 

58 

SU-273 

P.S. 

111 

58 

SU-274 

P.S. 

112 

58 

SU-275 

P.S. 

113 

58 

SU.276 

P.S. 

114 

58 

SU-277 

Sud 

O.  Reg.  639/77,  Sched.  28. 


Schedule  29 


Abbreviations: 

Nip  for  Niplssing 
Sud  for  Sudbury 
Tim  for  Timlskaming 


Item 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 


Column 
1 

59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
59 
70 
59 
59 
59 
70 


Col 

jmn 

Column 

2 

3 

TE 

-1 

Nip.  Tim  ft  Sud 

TE 

-2 

Tiro 

TE 

-3 

Tim 

TE 

-4 

Tim 

TE 

-5 

Tim 

TE 

-6 

Tim 

TE 

-7 

Tim 

TE 

-8 

Tim 

TE 

■9 

Tim 

TE 

-10 

Tim 

TE 

-11 

Tim  ft  Nip 

TE 

-12 

Tim  ft  Nip 

TE 

-13 

Tim 

TE 

-15 

Tim  &  Nip 

TE 

-16 

Tim  &  Nip 

TE 

-17 

Tiro  &  Nip 

TE 

-19 

Nip 

TE 

-20 

Nip 

TE 

•21 

Tim  i  Nip 

TE 

22 

Nip 

TE- 

23 

Nip 

TE- 

24 

Nip 

TE- 

25 

Nip 

TE- 

26 

Nip 

TE- 

27 

Nip 

TE- 

28 

Nip 

TE- 

29 

Nip 

TE- 

31 

Tiro 

TE-32 

Nip 

O.  Reg.  639/77,  Sched.  29;  O.  Reg.  850/78,  s.  5. 


Reg.  436 


GAME  AND  FISH 


1127 


Sched 

jle  30 

Abbreviations: 

Item 

Column 

Column 

Column 

T.B.   for  Thunder  Bay 

1 

2 

3 

37 

60 

TR 

-38 

T.B. 

Item 

ColkMVi 

Column 

Column 

38 

60 

TR 

-39 

T.B. 

1 

2 

3 

39 

60 

TR 

-40 

T.B. 

40 

60 

TR 

-41 

T.B. 

1 

60 

TR-1 

T.B. 

41 

60 

TR 

-42 

T.B. 

2 

60 

TR-2 

T.B. 

42 

60 

TR-43 

T.B. 

3 

60 

TR-3 

T.B. 

43 

60 

TR 

-44 

T.B. 

4 

60 

TR-4 

T.B. 

44 

60 

TR 

-45 

T.B. 

5 

60 

TR-5 

T.B. 

45 

60 

TR 

-46 

T.B. 

6 

60 

TR-6 

T.B. 

46 

60 

TR-47 

T.B. 

7 

71 

TR-7 

T.B. 

47 

60 

TR 

-48 

T.B. 

8 

71 

TR-8 

T.B. 

48 

60 

TR 

49 

T.B. 

9 

60 

TR-9 

T.B. 

49 

60 

TR 

-50 

T.B. 

10 

60 

TR-10 

T.B. 

50 

60 

TR 

-51 

T.B. 

U 

60 

TR-11 

T.B. 

51 

60 

TR 

52 

T.B. 

12 

60 

TR-12 

T.B. 

52 

60 

TR 

53 

T.B. 

13 

60 

TR-13 

T.B. 

53 

60 

TR 

54 

T.B. 

14 

60 

TR-14 

T.B. 

54 

60 

TR 

55 

T.B. 

15 

60 

TR-1 5 

T.B. 

55 

60 

TR 

56 

T.B. 

16 

60 

TR-16 

T.B. 

56 

60 

TR 

57 

T.B. 

17 

60 

TR-1 7 

T.B. 

57 

60 

TR 

58 

T.B. 

18 

60 

TR-18 

T.B. 

58 

60 

TR- 

59 

T.B. 

19 

60 

TR-19 

T.B. 

59 

60 

TR- 

60 

T.B. 

20 

60 

TR-20 

T.B. 

60 

60 

TR-ei 

T.B. 

21 

60 

TR-21 

T.B. 

61 

60 

TR- 

62 

T.B. 

22 

60 

TR-22 

T.B. 

62 

60 

TR-65 

T.B. 

23 

60 

TR-23 

T.B. 

63 

60 

TR- 

66 

T.B. 

24 

60 

TR-24 

T.B. 

64 

60 

TR- 

67 

T.B. 

25 

60 

TR-25 

T.B. 

65 

60 

TR 

68 

T.B. 

26 

60 

TR-26 

T.B. 

66 

60 

TR- 

69 

T.B. 

27 

60 

TR-27 

T.B. 

67 

60 

TR- 

70 

T.B. 

28 

60 

TR.28 

T.B. 

68 

60 

TR- 

71 

T.B. 

29 

60 

TR-29 

T.B. 

69 

60 

TR- 

72 

T.B. 

30 

60 

TR-30 

T.B. 

70 

60 

TR- 

73 

T.B. 

31 

60 

TR-31 

T.B. 

71 

60 

TR- 

74 

T.B. 

32 

60 

TR-32 

T.B. 

72 

60 

TR- 

75 

T.B. 

33 

60 

TR-33 

T.B. 

34 

60 

TR-34 

T.B. 

35 

60 

TR-36 

T.B. 

36 

60 

TR-37 

T.B. 

0.  Reg. 

639/77,  Schec 

i.  30:  C 

>.  Ree. 

850/78.  S.  6. 

1128 


GAME  AND  FISH 


Reg.  436 


Schedule  31 


Abbrevia 

tlons: 

T.B.  for  Thunder  Bay 

ItM 

Column 

1 

1 

61 

2 

61 

3 

61 

4 

61 

S 

61 

6 

61 

7 

61 

8 

61 

9 

61 

10 

61 

11 

61 

12 

61 

13 

61 

14 

61 

15 

61 

16 

61 

17 

61 

18 

61 

19 

61 

20 

61 

21 

61 

22 

61 

23 

61 

24 

61 

25 

77 

26 

61 

27 

61 

28 

61 

29 

61 

30 

61 

31 

61 

32 

61 

33 

61 

34 

61 

35 

61 

36 

61 

37 

61 

38 

77 

39 

61 

40 

61 

41 

61 

42 

61 

43 

61 

44 

61 

45 

61 

46 

61 

47 

61 

48 

61 

49 

61 

50 

61 

51 

61 

52 

61 

53 

61 

54 

61 

55 

61 

56 

61 

57 

61 

58 

61 

59 

61 

60 

61 

61 

61 

62 

61 

63 

61 

64 

61 

65 

61 

66 

77 

67 

61 

68 

61 

69 

61 

70 

61 

71 

61 

72 

61 

73 

61 

Column 
2 

TB-4 

TB-10 

TB-12 

TB-13 

TB-14 

TB-15 

TB-16 

TB-21 

TB-22 

TB-23 

TB-24 

TB-25 

TB.26 

TB-27 

TB-29 

TB-30 

TB-31 

TB-33 

TB-34 

TB-35 

TB-36 

TB-37 

TB-41 

TB-42 

TB-43 

TB-44 

TB-45 

TB-46 

TB-47 

TB-48 

TB-49 

TB-50 

TB-51 

TB-52 

TB-53 

TB-54 

TB-55 

TB-56 

TB-57 

TB-58 

TB-59 

TB-60 

TB-61 

TB-62 

TB-63 

TB-64 

TB-65 

TB-66 

TB.67 

TB-68 

TB-69 

TB-70 

TB-72 

18-73 

TB-74 

TB-75 

TB-76 

TB-77 

TB-78 

TB-79 

TB-80 

TB-81 

TB-82 

TB-83 

TB-84 

TB-85 

TB-86 

TB-87 

TB-88 

TB-89 

T8-90 

T8-91 

TB-92 


Column 
3 

T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
r.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 
T.B. 


Item 


74 

75 

76 

77 

78 

79 

80 

81 

82 

83 

84 

85 

86 

87 

88 

89 

90 

91 

92 

93 

94 

95 

96 

97 

98 

99 

100 

101 

102 

103 

104 

105 

106 

107 

108 

109 

110 

111 

112 

113 

114 

115 

116 

117 

118 

119 

120 

121 

122 

123 

124 

125 

126 

127 

128 

129 

130 

131 

132 

133 

134 

135 

136 

137 

138 

139 

140 

141 

142 

143 

144 

145 

146 

147 

148 

149 

150 

151 


Column 
1 


61 

61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
78 
61 
61 
61 
78 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
78 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
61 
76 
77 
77 
77 
78 
78 


Column 
2 


TB-93 

TB-94 

TB-95 

TB-96 

TB-97 

TB-98 

TB-99 

TB-100 

TB-101 

TB-102 

TB-103 

TB-104 

TB-105 

TB-106 

TB-107 

TB-108 

TB-109 

TB-111 

TB-112 

TB-113 

TB-114 

TB-115 

TB-117 

TB-118 

TB-120 

TB-121 

TB-123 

TB-124 

TB-125 

TB-126 

TB-128 

TB-129 

TB-130 

TB-131 

TB-132 

TB-133 

TB-134 

TB-135 

TB-136 

TB-137 

TB-138 

TB-139 

TB-140 

TB-141 

TB-142 

TB-143 

TB-144 

TB-145 

TB-147 

TB-148 

TB-149 

TB-150 

TB-151 

TB-152 

TB-153 

TB-154 

TB-158 

TB-159 

TB-161 

TB-162 

TB-163 

TB-164 

TB-165 

TB-166 

TB-167 

TB-170 

TB-172 

TB-173 

TB-176 

TB-184 

TB-193 

TB-194 

TB-146 

TB-17 

TB-38 

TB-71 

TB-119 

TB-157 


Column 
3 


T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 

T.B. 


O.  Reg.  639/77,  Sched.  31;  O.  Reg.  925/79,  s.  6. 


Reg.  436 


GAME  AND  FISH 


1129 


Schedule  32 


Abbreviations: 

Co  for  Cochrane 
Sud  for  Sudbury 
Tim  for  Timiskaming 


Coluim 
1 

62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 
62 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 


Column 
2 

TI-1 

TI-2 

TI-3 

11-4 

TI-5 

TI-6 

TI-7 

TI-8 

TI-9 

TI-10 

TI-11 

TI-12 

TI-13 

TI-14 

TI-15 

11-16 

TI-17 

TI-18 

TI-19 

TI-20 

TI-21 

TI-22 

TI-23 

TI-24 

TI-25 

TI-26 

TI-27 

TI-28 

TI-29 

TI-30 

TI-31 

TI-32 

TI-33 

TI-34 

TI-35 

TI-36 

Tl-37 

71-38 

TI-39 

11-40 

TI-41 

TI-42 

TI-43 

TI-44 

TI-45 


Column 
3 

Sud  &  Tim 

Sud 

Tim 

Tim 
Sud  &  Tim 

Sud 

Sud 

Sud 
Sud  &  Tim 

Co 

Tim 

Tim 
Tim  &  Co 
Tim  &  Co 
Tim  &  Sud 
Tim  &  Sud 
Tim,  Co  &  Sud 
Tim,  Co  &  Sud 
Tim  &  Co 

Co 


Tim  &  Co 
Tiro  &  Co 

Co 
Tim  &  Co 

Co 

Co 
Sud  &  Tim 

Co 
Sud  &  Co 
Sud  &  Tim 

Co 

Co 

Co 
Sud  &  Tim 

Co 

Co 

Co 

Co 

Co 

Co 

Co 
Sud  &  Co 

Co 

Co 

Tim 


O.  Reg.  639/77,  Sched.  32. 


Schedule  33 


Abbreviations: 

Fro 

for 

Frontenac 

Has 

for 

Hasti 

ngs 

L&A  for 

Lennox  and  Addington 

Lan 

for 

Lanark 

Ren 

for  Renfrew 

Item 

Column 
1 

1 

63 

2 

63 

3 

63 

4 

63 

5 

63 

6 

63 

7 

63 

8 

63 

9 

79 

10 

63 

11 

63 

12 

63 

13 

79 

14 

63 

15 

63 

16 

63 

17 

63 

18 

63 

19 

63 

20 

63 

21 

63 

22 

79 

23 

63 

24 

63 

25 

63 

26 

63 

27 

63 

28 

63 

29 

63 

30 

63 

31 

63 

32 

63 

33 

63 

34 

63 

35 

63 

36 

63 

37 

63 

38 

63 

39 

63 

40 

63 

41 

63 

42 

63 

43 

63 

44 

63 

45 

63 

46 

81 

47 

81 

48 

81 

49 

81 

O.  Reg.  .639/77,  Sched. 
O.  Reg.  805/80,  s.  7. 


Column 

ColuMn 

2 

3 

TW-1 

Has 

TX-3 

Has 

TW-4 

Has 

TW-5 

Has 

TW-6 

Has 

TW-7 

Has 

TW-8 

Has 

TV-11 

L&A 

TW-12 

Has  &  L&A 

TW-13 

L&A 

TV- 14 

L&A 

TW-15 

L&A 

TW-16 

L&A 

TW-17 

L&A 

TW-18 

L&A 

TW-19 

L&A 

TV(-20 

L&A 

TW-21 

L&A 

TW-22 

L&A 

TW-23 

L&A 

TW-24 

L&A 

TW-25 

L&A 

TW-26 

Fro 

TW-27 

Fro 

TW-28 

L&A 

TW-29 

Fro 

TV- 30 

Fro  &  L&A 

TW-31 

Fro 

TV- 32 

Fro 

TV- 33 

Fro  &  L&A 

TV- 34 

Fro 

TV-35 

Fro 

TV- 36 

Fro 

TV-37 

Fro 

TV- 38 

Fro 

TV- 39 

Fro 

TV-41 

Fro 

TV-42 

Fro 

TV-44 

Fro 

TV-45 

Fro 

TV-46 

Fro 

TV-47 

Fro,  Lan  &  Ren 

TV-48 

Fro 

TV-49 

Fro 

TV- 50 

Fro 

TW-2 

Ren 

TW-13 

Ren 

TW-9 

Has 

TW-10 

Has 

33;  0.   Reg. 

925/79,   s.    7; 

1130 


GAME  AND  FISH 


Reg.  436 


Schedule 

34 

Item 

Column 

1 

Column 
2 

Column 
3 

Abbreviations 
Al  for  Algoma 
Sud  for  Sudbury 

62 
63 

82 
82 

WA-56 
WA-57 

Al 
Al 

T.B.  for  Thunder  Bay 

64 

82 

WA-45 

Al 

65 

82 

WA-44 

Al 

Item 

Column 

Column 

Column 

66 

82 

WA-58 

Al 

1 

2 

3 

67 

82 

WA-62 

Al 

68 

82 

WA-63 

Al 

I 

82 

WA-1 

T.B.  &AI 

69 

82 

WA-64 

Al 

2 

82 

WA-2 

T.B.  &AI 

70 

82 

WA-73 

Al 

3 

82 

WA-3 

Al 

71 

82 

WA-74 

Al 

4 
5 
6 
7 
8 
9 

82 
82 
82 
82 
82 
82 

WA-4 
WA-5 
WA-7 
WA4 
WA-9 
WA-10 

Al 
AI&T.B. 
T.B. 
T.B. 
T.B. 
T.B. 

72 
73 
74 
75 
76 

82 
82 
82 
82 
82 

WA-75 
WA-76 
WA-61 
WA-59 
WA-60 

Al 
Al 
Al 
Al 
Al 

10 

82 

WA-11 

T.B. 

77 

82 

WA-78 

Al 

11 

82 

WA-6 

AI&T.B. 

78 

82 

WA-77 

Al 

12 

82 

WA-1 2 

AI&T.B. 

79 

82 

WA-81 

Al 

13 

82 

WA-1 3 

Al 

80 

82 

WA-82 

Al 

14 

82 

WA-1 4 

Al 

81 

82 

WA-83 

Al 

15 

82 

WA-1 5 

Al 

82 

82 

WA-84 

Al 

16 

82 

WA-1 6 

Al 

83 

82 

WA-85 

Al 

17 

82 

WA-1 7 

Al 

84 

82 

WA-86 

Al 

18 

82 

WA-26 

Al 

85 

82 

WA-80 

Al 

19 

82 

WA-27 

Al 

86 

82 

WA-79 

Al  &  Sud 

20 

82 

WA-28 

Al 

87 

82 

WA-88 

Al 

21 

82 

WA-36 

T.B.&AI 

88 

82 

WA-87 

Al 

22 

82 

WA-29 

AI&T.B. 

89 

82 

WA-92 

Al 

23 

82 

WA-30 

T.B. 

90 

82 

WA-93 

Al 

24 

82 

WA-31 

T.B. 

91 

82 

WA-94 

Al 

25 

82 

WA-32 

T.B. 

92 

82 

WA-95 

Al 

26 

82 

WA-33 

T.B. 

93 

82 

WA-96 

Al 

27 

82 

WA-1 22 

T.B. 

94 

82 

WA-97 

Al 

28 

82 

WA-34 

T.B. 

95 

82 

WA-98 

Al 

29 

82 

WA-35 

T.B.&AI 

96 

82 

WA-99 

Al 

30 

82 

WA-37 

T.B.&AI 

97 

82 

WA-1 00 

Al 

31 

82 

WA-50 

Al 

98 

82 

WA-101 

Al 

32 
33 
34 
35 
36 
37 

82 
82 
82 
82 
82 
82 

WA-38 
WA-39 
WA-1 8 
WA-1 9 
WA-20 
WA-21 

Al 
Al 
Al 
Al 
Al 
Al 

99 

100 
101 
102 
103 

82 
82 
82 
82 
82 

WA-91 

WA-90 

WA-89 

WA-102 

WA-104 

Al 
Al  &  Sud 
Al  &  Sud 
Al&Sud 

Al 

38 

82 

WA-22 

Al 

104 

82 

WA-1 05 

Al 

39 

82 

WA-23 

Al 

105 

82 

WA-1 06 

Al 

40 

82 

WA-24 

Al 

106 

82 

WA-107 

Al 

41 

82 

WA-25 

Al 

107 

82 

WA-108 

Al 

42 

82 

WA-40 

Al 

108 

82 

WA-1 09 

Al 

43 

82 

WA-41 

Al 

109 

82 

WA-1 10 

Al 

44 

82 

WA-42 

Al 

110 

82 

WA-1 11 

Al 

45 

82 

WA-43 

Al 

111 

82 

WA-103 

Al  &  Sud 

46 

82 

WA-46 

Al 

112 

82 

WA-112 

Al  &  Sud 

47 

82 

WA-47 

Al 

113 

82 

WA-1 13 

Al 

48 

82 

WA-48 

Al 

114 

82 

WA-1 14 

Al 

49 

82 

WA-49 

Al 

115 

82 

WA-1 15 

Al 

50 

82 

WA-53 

Al 

116 

82 

WA-1 16 

Al 

51 

82 

WA-65 

Al 

117 

82 

WA-1 17 

Al 

52 

82 

WA-66 

Al 

118 

82 

WA-1 18 

Al 

53 

82 

WA-52 

AI&T.B. 

119 

82 

WA-1 19 

Al 

54 

82 

WA-71 

AI&T.B. 

120 

82 

WA-1 20 

Al  &  Sud 

55 

82 

WA-51 

T.B. 

121 

82 

WA-121 

Al  &  Sud 

56 
57 

82 
82 

WA-68 
WA-69 

T.B.&AI 
T.B. 

122 
123 

82 
82 

WA-1 23 
WA-67 

T.B. 
AI&T.B. 

58 

82 

WA-70 

T.B. 

59 

82 

WA-7  2 

Al 

60 

82 

WA-54 

Al 

61 

82 

WA-55 

Al 

0.  Reg. 

805/80,  s.  9. 

Reg.  437  GAME  AND  FISH  1131 

REGULATION  437 

under  the  Game  and  Fish  Act 

WATERS  SET  APART— FROGS 

1.  The  waters  described  in  the  Schedule  are  set  apart  for  the  conservation  of  frogs. 

Schedule 

All  that  part  of  Nogies  Creek  in  the  townships  of  Galway  and  Harvey  in  the  County  of  Peterborough,  lying 
south  of  the  dam  at  the  southerly  extremity  of  Bass  Lake  in  the  said  Township  of  Galway,  and  lying  within  lots  9 
and  10  in  Concession  I  and  Lot  9  in  Concession  II  in  the  said  Township  of  Galway  and  lots  27,  28,  29  and  30  in 
Concession  XVII  and  lots  27,  28,  29,  30,  3 1  and  32  in  Concession  XVI  in  the  said  Township  of  Harvey.     O.  Reg. 

528/78,  s.  L 


Reg.  438 


GAME  AND  FISH 


1133 


REGULATION  438 


under  the  Game  and  Fish  Act 


WOLVES  AND  BLACK  BEARS 
IN  CAPTIVITY 

1.  A  licence  to  keep  a  live  male  wolf  in  captivity 
in  an  immovable  cage  or  pen  shall  be  in  Form  1. 
R.R.O.  1970,  Reg.  379,  s.  1. 

2.  A  licence  to  keep  a  live  male  wolf  in  captivity  is 
subject  to  the  terms  and  conditions  that  the  holder 
of  the  licence, 

(a)  keep  the  wolf  in  an  immovable  cage  or  pen 
in  accordance  with  the  specifications  in  the 
Schedule ; 

(6)  observe  the  specifications  in  the  Schedule ; 

(c)  supply  food  and  water  at  twelve-hour  inter- 
vals to  the  wolf  kept  in  captivity ;  and 

(d)  keep  the  cage  or  pen  in  a  sanitary  condition. 
R.R.O.  1970.  Reg.  379,  s.  2. 

3.  A  licence  in  Form  1  expires  with  the  31st  day  of 
December  of  the  year  in  which  it  is  issued.  R.R.O. 
1970,  Reg.  379,  s.  3. 

4.  A  licence  to  keep  a  live  male  black  bear  in 
captivity  in  an  immovable  cage  or  pen  shall  be  in 
Form  2.     O.  Reg.  392  /73,  s.  2,  part. 

5.  The  conditions  set  out  in  section  2  apply  with 
necessary  modifications  to  a  licence  to  keep  a  live  male 
black  bear  in  captivity.     O.  Reg.  392/73,  s.  2,  part. 

6.  A  licence  in  Form  2  expires  with  the  31st  day  of 
December  of  the  year  in  which  it  is  issued.  O.  Reg. 
392  /73,  s.  2,  part. 


Schedule 

The  immovable  cage  or  pen  shall, 

(a)  have  a  floor  area  of  not  less  than  150  square 
feet  as  shown  in  Figure  1 ; 

(b)  be  erected  on  a  minimum  4'  concrete  slab 
constructed  as  shown  in  Figure  2 ; 

(c)  have  an  overall  height  of  not  less  than  6'  0' 
as  shown  in  Figure  3 ; 

(d)  be  constructed  of  material  not  less  than 
2'  X  2'  X  3/16'  angle  iron  or  2'  diameter 
galvanised  pipe  as  shown  in  Figure  3  and 
enclosed  by  chain  link  fence  with  a  mesh  size 
not  more  than  2'  x  2",  of  number  8  gauge  or 


heavier  wire  secured  at  the  bottom  edge  to 
the  angle  iron  installed  2"  above  the  concrete 
slab; 

(e)  be  completely  covered  with  a  roof  con- 
structed of  materials  other  than  trans- 
parent or  translucent  materials  with  an 
overhang  all  around  of  not  less  than  18'; 
and 

(f)  have  weatherproof  sleeping  quarters  of  a 
size  not  less  than  30'  x  30'. 


FIG.  1 


MAIN  LINK  FENCE 

I 

-I 


jjCHAl_N_LINK_FEN( 


XxY=l50  SQ.FT 
(MIN.) 


FIG.  2 

CONCRETE    SLAB 
FINISHED    GRADE 
SLOPE        _ 


c\i 


4    MIN. 


ZWf 


^ 


FIG.  3 

a'Vz'xs/is" 

ANGLE  IRON 
(MIN.) 


c\i    ^> 


a 


■''  imm. 


R.R.O.  1970,  Reg.  379.  Sched. 


1134 


GAME  AND  FISH 


Reg.  438 


Form  1 

LICENCE  TO  KEEP  A  WOLF  IN  CAPTIVITY 

No 

Ministry  of  Natural  Resources 

Under  the  Game  and  Fish  Act  and  the  regulations 
and  subject  to  the  limitations  thereof,  this  licence  is 
issued  to: 


of. 


(name) 
(address) 


to  keep  in  captivity  one  (1)  hve  male  wolf  in  an  im- 
movable cage  or  pen  at : 


This  licence  expires  with  the  31st  day  of  December, 

19.... 

Issued  at 


(signature  of  issuer)  (signature  of  licensee) 


(date) 


R.R.O.  1970,  Reg.  379,  Form  1. 


Form  2 

LICENCE  TO  KEEP  A  BLACK  BEAR 
IN  CAPTIVITY 


No. 


Ministry  of  Natural  Resources 

Under  the  Game  and  Fish  Act  and  the  regulations 
and  subject  to  the  limitations  thereof,  this  licence  is 
issued  to: 


of. 


(name) 


(address) 


I 


to  keep  in  captivity  one  (1)  live  male  black  bear  in  an 
immovable  cage  or  pen  at : 


This  licence  expires  with  the  31st  day  of  December, 

19..... 

Issued  at 


(signature  of  issuer)  (signature  of  licensee) 


(date) 


O.  Reg.  392  /73,  s.  3.