No. 81
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Industrial Standards Act.
Mr. Daley
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
This Bill applies only to the retail gasoline service industry.
The purpose of the Bill is to prohibit the fixing of hours and days of work in the industry in schedules under The Industrial Standards Act and to make applicable instead the closing by-law provisions of The Factory, Shop and Office Building Act which will be amended by a complimentary Bill to extend the powers of municipalities with respect to the closing hours of retail gasoline outlets.
SI
No. 81 1948
BILL
An Act to amend The Industrial Standards Acto
H
IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Industrial Standards Act is amended by adding Rev. stat., thereto the following section: amended.
19. — (1) In this section "retail gasoline service industry" g'^o*fne shall mean the business of operating retail gasoline f^^^'^^^j.y..^ service stations, gasoline pumps or outlets where gasoline is ofifered for sale at retail, including washing, waxing, oiling or lubricating automotive vehicles, repairing or changing tires and other services and undertakings incidental thereto, but shall not include a gasoline outlet on the premises of an employer and used in the fueling of automotive vehicles owned or operated by the employer.
(2) Notwithstanding anything in this Act, no schedule ^g^^®P.*J°°jj applicable to the retail gasoline service industry shall gasoline
ssrvic©
prescribe the hours of the day during which the industry, hours of work may be performed or shall establish the particular days of the week for the performance of labour in the industry.
2. In this Act "retail gasoline service industry" shall have "Retail the same meaning as in section 19 of The Industrial Standards service
A . industry"
Act. defined.
3. The provisions of every schedule applicable to the retail ^-^g^'uils gasoline service industry that prescribe the hours of the day™°^*^®^- during Avhich the hours of work may be performed or that establish the particular days of the week for the performance of labour in the industry shall be void after the 30th day of April, 1948.
4. The council of any municipality in which or in part of f^ation"by*" which the provisions mentioned in section 3 are in force may, by-law.
81
by by-law, declare that such provisions shall not apply in the municipality or part, and upon the passing of the by-law such provisions shall cease to apply in the municipality or part, as the case may be.
Modified Rchedule conflrmed.
5. — (1) Fwery schedule modified under this Act is con- firmed as so modified.
and"pubu- (2) The Minister of Labour may direct that any schedule
Gallon. modified under this Act shall, as so modified, be filed and
1944. 0. 62.
published under The Regulations Act, 1944, and the Minister's direction shall be authority for so doing.
Posting up.
(3) Every employer affected by any schedule modified R V St t un<^^'' this Act shall cause the copies of the schedule posted up o. 191. " pursuant to section 10 of The Industrial Standards Act to be replaced by copies of the s( li((lule as so modified.
Where zone oomprtBes more than one muni- cipality.
6. Where a zone for the retail gasoline service industry comprises more than one municipality, the provisions men- tioned in section 3 shall, as long as they are in force, apply in each municipality or part of a municipality within the zone as if each municipality or part were designated as a separate zone.
Cessation of powers.
Prosecutions.
7. The Minister of Labour, the Industrial and Labour Board and every Industrial Standards Officer shall cease to have any powers and duties under The Industrial Standards Act in respect of the provisions mentioned in section 3.
8. No prosecution shall be instituted under The Industrial Standards Act for a contravention of the provisions mentioned in section 3 except with the consent expressed by resolution of the council of the municipality in which the contravention is alleged to have taken place.
menVof Act. ^' ^^'^ ' ^ct, e.xcept section 1, shall come into force on the day upon which it receives the Royal Assent, and section 1 shall come into force on the 1st day of May, 1948.
Short title. 10. This Act mix
Amendment Act, 1948.
cited as The Industrial Standards
81
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No. 81
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Industrial Standards Act.
Mr. Daley
TORONTO
Printed and Published by Baptist Johnston
Printer to the Kino's Most Excellent Majesty
No. 81 1948
BILL
An Act to amend The Industrial Standards Act,
H
IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Industrial Standards Act is amended by adding Rev stat., thereto the following section: amended.
19. — (1) In this section "retail gasoline service industry" g|^o*fne shall mean the business of operating retail gasoline ?®^y^g®j.y.. service stations, gasoline pumps or outlets where gasoline is offered for sale at retail, including washing, waxing, oiling or lubricating automotive vehicles, repairing or changing tires and other services and undertakings incidental thereto, but shall not include a gasoline outlet on the premises of an employer and used in the fueling of automotive vehicles owned or operated by the employer.
(2) Notwithstanding anything in this Act, no schedule ^g^^o^j-e^^n applicable to the retail gasoline service industry shall gasoline prescribe the hours of the day during which the industry. hours of work may be performed or shall establish the particular days of the week for the performance of labour in the industry.
2. In this Act "retail gasoline service industry" shall have "Retail the same meaning as in section 19 of The Industrial Standards service
J, , industry
Act. defined.
3. The provisions of every schedule applicable to the retail Schedules gasoline service industry that prescribe the hours of the day "^°'^**^®^- during which the hours of work may be performed or that establish the particular days of the week for the performance of labour in the industry shall be void after the 30th da}^ of April, 1948.
4. The council of any municipality in which or in part of ^^^'"^'j^^^^^^' which the provisions mentioned in section 3 are in force may, by-law.
81
by by-law, declare that such provisions shall not apply in the munici{)ality or part, and upon the passing of the by-law such provisions shall cease to apply in the municipality or part, as the case may be.
^hedSTe *5— (1) Fwery schedule modified under this Act is con-
confirmed, firmed as so modified.
and"pubii- (2) ^^^c Minister of Laljour iii;i\ (h'rect that any schedule
caiion. modified under this Act shall, a- mi modified, be filed and
1944, c. 52. published under The Regulntions Act, 1944, and the Minister's direction shall be authority- for so doing.
Posting up.
Rev. Stat., 0. 191.
Where zone comprises more than one muni- cipality.
(3) ICvery emplowr affected by any schedule modified under this Act shall cause the copies of the schedule posted up pursuant to section 10 of The Industrial Standards Act to be replaced by copies of the schedule as so modified.
6. Where a zone for the retail gasoline service industry comprises more than one municipality, the provisions men- tioned in section 3 shall, as long as they are in force, apply in each municipality or part of a municipality within the zone as if each municipality or part were designated as a separate zone.
of'^were. '^- 'The Minister of Labour, the Industry and Labour
Board and every Industrial Standards OfiBcer shall cease to have any powers and duties under The Industrial Standards Act in respect of the provisions mentioned in section 3.
8. No prosecution shall be instituted under The Industrial Standards Act for a contravention of the provisions mentioned in section 3 except with the consent expressed by resolution of the council of the municipality in which the contravention is alleged to have taken place.
SeXf Aa'. ®- This Act, except section 1, shall come into force on the day upon which it receives the Royal Assent, and section 1 shall come into force on the 1st day of May, 1948.
Short title.
10. This Act may be cited as The Industrial Standards Amendment Act, 1948.
81
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No. 82''
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
And to amend The Teaching Profession Act, 1944.
Mr. Drew
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
RXPI-ANATORY NoTE
These amendments make some changes in the composition of the Board of Governors and of the Kxecutive of the Ontario Teachers' Federation. These changes have been asked for by the Federation in the light of its experience since the Act was passed in 1944.
82
No. 82 1948
BILL
An Act to amend The Teaching Profession Act, 1944.
HIS MAJESTY, by and with the ad\icc and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Sections 5 and 6 of Tie Teaching Frcfession Act, 1944,l^\\-^^^^ are repealed and the following substituted therefor: re-enacted.
5.— (1) There shall be a Board of Governors of the goar^^oj^^ Federation which shall be composed of forty memibers as follows:
(a) the immediate past president, the president, the first vice-president, the second vice- president and the secretary-treasurer of The Ontario Secondary School Teachers' Federa- tion, The Federation of Women Teachers' Associations of Ontario and The Ontario Public School Men Teachers' Federation, and five representatives of each of such federations, who shall be elected annually at the annual meeting of their federation ;
{h) five representatives of L'/ ssociation de I'En- seignement Francais de I'Ontario, w^ho shall be elected annually at the annual meeting of the Association; and
(c) five representatives of The Ontrrio Fnglish Catholic Teachers' Association, who shall be elected annually at the annual meeting of the Association.
(2) The members of the Foard of Governors shrll take Term of office at the conclusion of the annu?l meeting of the Federation and shall hold ofiice until their successors take office.
82
Vacancies. (3) |f ^ vacanc>' occurs on the Board of Governors it
shall be fillwi by the executive of the affiliated body which the person who vacated the office represented and the person so named to fill the vacancy shall hold office for the remainder of the term of the person who vacated the office.
Executive. 6. — (1) There shall be an executive of the Federation
which shall be composed of nine members as follows:
(a) the immediate past president, the president, the first vice-president, the second vice- president and the third vice-president of the F'ederation ;
(b) one representative of The Ontario Secondary
School Teachers' Federation, one representa- tive of The Federation of Women Teachers' Associations of Ontario and one representa- tive of The Ontario Public School Men Teachers' Federation, who shall be elected annually at the annual meeting of the Board of Governors from among its members; and
(c) the secretary-treasurer of the Federation.
Term of office.
Vacancies.
President and vice- presidents.
Secretary- treasurer.
(2) The members of the executive shall take office at the conclusion of the annual meeting of the Federation and shall hold office until their successors take office.
(3) If a vacancN- occurs on the executive it may be filled by the Board of Governors from among its members who represent the affiliated body which the person who vacated the office represented, and the person so named shall hold office for the remainder of the term of the person who vacated the office.
6a. There shall be a president, a first vice-president, a second vice-president and a third vice-president of the Federation who shall be elected annually at the annual meeting of the Board of Governors from among its members in such a manner that the offices of the immediate past president, president, first vice- president, second vice-president and third vice- president shall represent each of the affiliated bodies.
66. There shall be a secretary-treasurer of the Federation appointed by the Board of Governors who may be a member of the Board of Governors and who shall receive such remuneration as may be fixed by the Board of Governors.
82
2. Clause d of section 10 of The Teaching Profession Act, l^\-^' ^j ^4. 1944, is repealed. repealed.
3. This Act shall come into force on the day upon which commence-
11 ment of Act.
It receives the Royal Assent and shall be deemed to have had eflfect on and after the 1st day of January, 1948.
4. This Act may be cited as The Teaching Profession short title. Amendment Act, 1948.
82
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No. 82
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Teaching Profession Act, 1944.
Mr. Drew
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 82 1948
BILL
An Act to amend The Teaching Profession Act, 1944.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Sections 5 and 6 of The Teaching Profession Act, 1944,'^^^- ^^ ^ g are repealed and the following substituted therefor: re-enacted.
5. — (1) There shall be a Board of Governors of the^oardof
V • 1-11111 1 r r Governors.
Federation which shall be composed of forty members as follows:
{a) the immediate past president, the president, the first vice-president, the second vice- president and the secretary-treasurer of The Ontario Secondary School Teachers' Federa- tion, The Federation of Women Teachers' Associations of Ontario and The Ontario Public School Men Teachers' Federation, and five representatives of each of such federations, who shall be elected annually at the annual meeting of their federation ;
{h) five representatives of L'Association de I'En* seignement Francais de I'Ontario, who shall be elected annually at the annual meeting of the Association; and
(c) five representatives of The Ontario English Catholic Teachers' Association, who shall be elected annualh' at the annual meeting of the Association.
(2) The members of the Board of Governors shall take Term of ofiice at the conclusion of the annual meeting of the Federation and shall hold ofiice until their successors take office.
82
VacanciM. (3) jf ^ vacanc\' occurs on the Board of Governors it
shall be filled by the executive of the affiliated txxly which the person who vacated the office represented and the person so named to fill the vacancy shall hold office for the remainder of the term of the person who vacated the office.
Executive.
(1) There shall be an executive of the Federation which shall be composed of nine members as follows:
(a) the immediate past president, the president, the first vice-president, the second vice- president and the third vice-president of the Federation ;
(b) one representative of The Ontario Secondary
School Teachers' Federation, one representa- tive of The Federation of Women Teachers' Associations of Ontario and one representa- tive of The Ontario Public School Men Teachers' Federation, who shall be elected annually at the annual meeting of the Board of Governors from among its members; and
(c) the secretary-treasurer of the Federation.
Term of office.
(2) The members of the executive shall take office at the conclusion of the annual meeting of the Federation and shall hold office until their successors take office.
Vacancies.
President and vice- presidents.
Secretary- treasurer.
(3) If a vacancy occurs on the executive it may be filled by the Board of Governors from among its members who represent the affiliated body which the person who vacated the office represented, and the person so named shall hold office for the remainder of the term of the person who vacated the office.
6a. There shall be a president, a first vice-president, a second vice-president and a third vice-president of the Federation who shall be elected annually at the annual meeting of the Board of Governors from among its members in such a manner that the offices of the immediate past president, president, first vice- president, second vice-president and third vice- president shall represent each of the affiliated bodies.
6b. There shall be a secretary-treasurer of the Federation appointed by the Board of Governors who may be a member of the Board of Governors and who shall receive such remuneration as may be fixed by the Board of Governors.
82
2. Clause d of section 10 of The Teaching Profession Act, ^^j^' ^j 64, 1944, is repealed. repealed.
3. This Act shall come into force on the day upon which commence- it receives the Royal Assent and shall be deemed to have had
effect on and after the 1st day of January, 1948.
4. This Act may be cited as The Teaching Profession short title. Amendment Act, 1948.
82
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No. 83
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Department of Education Act.
Mr. Drew
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1 — Subsection 1. The power to make regulations resf>ecting pupils residing on Crown lands is extended to provide for regulations respecting the cost of education of those pupils.
Subsection 2. These amendments respecting the power to make regu- lations are now contained in subsection 2 of section 4 of The Department of Education Act which is re-enacted without these provisions in subsection 3 of this section of the Bill. The only new power is that given in the new clause za.
83
No. 83 1948
BILL
An Act to'amend|The Department of Education
Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Clause w of subsection 1 of section 4 of The Depart- Rev. stat.,
. c. 356 s. 4
ment of Education Act, as re-enacted by section 1 of The snhs. i,'c\.' Department of Education Amendment Act, 1947, is amended by 0^29! 's. i). adding at the end thereof the words "or the payment of the ^™®'^'^®**' cost of education of such pupils", so that the said clause shall now read as follows:
{w) governing the attendance at public, separate, high, continuation and vocational schools and collegiate institutes of pupils residing on lands held by the Crown in right of Canada or Ontario, or the payment of the cost of education of such pupils.
(2) Subsection 1 of the said section 4 is further amended Rev. stat.,
^ ' . . C. CSOD, S. 4,
by adding thereto the followmg clauses: subs. 1
c. 29, 's. 1).
{za) fixing the method of calculating the cost of education ^ ^"^ ® • of pupils residing on lands held by the Crown in right of Canada and authorizing boards,
(i) to charge those pupils a fee in accordance with that method, or
(ii) instead of charging those pupils a fee, to enter into an agreement with Canada for the payment of an amount in lieu of the fee;
{zh) providing for the apportionment and distribution of all money appropriated or raised by this Legislature for educational purposes;
{zc) prescribing definitions of,
83 .
(i) "approved cost", and providing fot the aj)- proval of the Minister as a condition in the definition; and
(ii) "cost of operating",
for the purpose of legislative grants to boards; and
(zd) prescribing the conditions governing the payTiient of legislative grants.
c!*366^h!V. («5) Subsection 2 of the said section 4 is repealed and the 0947.^ following substituted therefor:
c. 29. 8. 1).
r^-enacted. /^\oi. i ii-ti- /—
jjjg^ (2) Subject to the approval of the Lieutenant-Cjovernor
in Council, the Minister may make regulations, —
(a) providing for programmes of adult education, recreation, camping, and athletics and physical education ;
(b) prescribing definitions of "area community-
programme", "area recreation-committee", "area recreation-director", "assistant", "com- munity piogramme", "director", "joint com- munity-programme", "joint recreation-com- mittee", "municipial council", "recreation" and "recreation community";
(c) prescribing a definition of "approved main-
tenance and operating costs", and providing for the approval of the Minister as a condition in the definition, for the purpose of legislative grants for programmes of recreation;
{d) providing for the apportionment and distribu- tion of all money appropriated or raised by this Legislature for,
(i) programmes of adult education, recrea- tion, camping, and athletics and phy- sical education,
(ii) the Provincial Athletic Training Camp, and
(iii) the maintenance of historical, literary and scientific institutions;
(e) prescribing the conditions governing the pay- ment of grants for,
83
Subsection 3. These new powers to make regulations authorize the extensive plan of the Department of Education to provide for community programmes of recreation, and for programmes of adult education, recrea- tion, camping and athletics and physical education.
83
(i) programmes of adult education,
(ii) programmes of recreation, camping, or athletics and physical education, and providing for the approval of the Minister in any condition, or
(iii) the maintenance of historical, literary and scientific institutions;
( /) authorizing,
(i) municipal councils to appoint recreation committees, or two or more municipal councils of municipalities having a com- bined population of under 25,000 to appoint joint recreation-committees, but only with the approval of the Minister,
(ii) recreation committees or joint recrea- tion-committees to appoint directors, assistants and secretaries,
(iii) joint recreation-committees, or recrea- tion committees in municipalities hav- ing a population of at least 25,000, to appoint area recreation-committees and area recreation-directors, and
(iv) two or more municipalities to enter into agreements,
for the purpose of programmes of recreation;
(g) prescribing the composition of recreation com- mittees, joint recreation-committees and area recreation-committees, and fixing the number of members thereof, for the purpose of pro- grammes of recreation;
(h) authorizing the Minister to determine the number of assistants and area community- programmes in respect of which grants may be paid for programmes of recreation;
(«') authorizing the payment of special grants for programmes of recreation, but only with the approval of the Minister; and
(j) fixing the amount of the grants under clause i. 83
Application of cl. a, Bubcl. 1 of cl. d and eubcl. ii of clause e, subs. 2.
Rev. Stat, c. 356, amended.
(3) For the purposes of clause a, subclause i of clause d and subclause ii of clause e, of subsection 2, "ath- letics and physical education" shall include recrea- tion for crippled persons under the age of 19 years.
2. The Department of Edtication Act is amended by adding thereto the following heading and section :
Provincial
camp
continued.
Commence- ment of Act.
Short title.
PROVINCIAL ATHLETIC TRAINING CAMP.
12a. The athletic camp at Longford, Lake Couchiching, known as the "Provincial Athletic Training Camp", may be continued under the administration and control of the Minister.
3, This Act shall come into force on the day upon which it receives the Royal Assent and shall be deemed to have had effect on and after the 1st day of January, 1948.
4. This Act may be cited as The Department of Education Amendment Act, 1948.
83
Section 2. The camp referred to in the new section 12a has been administered by the Ontario Athletic Commission, which ceased to func- tion by reason' of The Athletics Control Act, 1947, and the camp is now administered by the Minister of Education.
86
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No. 83
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Department of Education Act.
Mr. Drew
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 83 1948
BILL
An Act to amend The Department of Education
Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Clause w of subsection 1 of section 4 of The Depart- Rev. stat.,
. c. 356 s. 4
ment of Education Act, as re-enacted by section 1 of Thesxihs. x,'o\.' v Department of Education Amendment Act, 1947, is amended bye. 29, 's. i). adding at the end thereof the words "or the payment of the ^'^®'^'^®'^' cost of education of such pupils", so that the said clause shall now read as follows:
{w) governing the attendance at public, separate, high, continuation and vocational schools and collegiate institutes of pupils residing on lands held by the Crown in right of Canada or Ontario, or the payment of the cost of education of such pupils.
(2) Subsection 1 of the said section 4 is further amended ^®y^-„^***:'
^ ' , . c. 356, S. 4,
by adding thereto the followmg clauses: subs. 1
C. 29, 's. 1),
{za) fixing the method of calculating the cost of education ^ of pupils residing on lands held by the Crown in right of Canada and authorizing boards,
(i) to charge those pupils a fee in accordance with that method, or
(ii) instead of charging those pupils a fee, to enter into an agreement with Canada for the payment of an amount in lieu of the fee;
{zh) providing for the apportionment and distribution of all money appropriated or raised by this Legislature for educational purposes;
(zc) prescribing definitions of,
83
(i) "a{)prov('(l cost", and providing foi the ap- proval of the Minister as a condition in the definition ; and
(ii) "cost of operating",
for the jnirpose of legislative grants to boards; and
(zd) prescribing the conditions governing the pa\nient of legislative grants.
o^*356?8!V. (^) Subsection 2 of the said section 4 is repealed and the a947f following substituted therefor:
c. 29, 8. 1).
re-enacted. o i • i r i » • ^
j^g^ (2) bubject to the approval of the Lieutenant-Governor
in Council, the Minister may make regulations, —
(a) providing for programmes of adult education, recreation, camping, and athletics and physical education ;
(b) prescribing definitions of "area community-
programme", "area recreation-committee", "area recreation-director", "assistant", "com- munity piogramme", "director", "joint com- munity-programme", "joint recreation-com- mittee", "municipal council", "recreation" and "recreation community";
(c) prescribing a definition of "approved main-
tenance and operating costs", and providing for the approval of the Minister as a condition in the definition, for the purpose of legislative grants for i)rogranimes of recreation;
(d) providing for the apportionment and distribu-
tion of all money appropriated or raised by this Legislature for,
(i) programmes of adult education, recrea- tion, camping, and athletics and phy- sical education,
(ii) the Provincial Athletic Training (amp, and
(iii) the maintenance of historical, literary and scientific institutions;
83
(«) prescribing the conditions governing the pay- ment of grants for,
(i) programmes of adult education,
(ii) programmes of recreation, camping, or athletics and physical education, and providing for the approval of the Minister in any condition, or
(iii) the maintenance of historical, literary and scientific institutions;
(/) authorizing,
(i) municipal councils to appoint recreation committees, or two or more municipal councils of municipalities having a com- bined population of under 25,000 to appoint joint recreation-committees, but only with the approval of the Minister,
(ii) recreation committees or joint recrea- tion-committees to appoint directors, assistants and secretaries,
(iii) joint recreation-committees, or recrea- tion committees in municipalities hav- ing a population of at least 25,000, to appoint area recreation-committees and area recreation-directors, and
(iv) two or more municipalities to enter into agreements,
for the purpose of programmes of recreation;
(g) prescribing the composition of recreation com- mittees, joint recreation-committees and area recreation-committees, and fixing the number of members thereof, for the purpose of pro- grammes of recreation;
(h) authorizing the Minister to determine the number of assistants and area community- programmes in respect of which grants may be paid for programmes of recreation;
(i) authorizing the payment of special grants for programmes of recreation, but only with the approval of the Minister; and
(j) fixing the amount of the grants under clause i. 83
o^P,"°^^'°" (3) For the purposes of clause a, subclause i of clause d
oi'^rfand'^ ^"^ subclause ii of clause e, of subsection 2, "ath-
subci. ii of letics and physical education" shall include recrea-
Cl£lUS6 €
subs. 2.' tion for crippled persons under the age of 19 years.
c^ 3^'6?**** 2. The Department of Education Act is amended by adding
amended. thereto the following heading and section:
PROVINCIAL ATHLETIC TRAINING CAMP.
Provincial camp
12a, The athletic camp at Longford, Lake Couchiching, continued. known as the "Provincial Athletic Training Camp",
may be continued under the administration and control of the Minister.
ment"<ff"Act. ^- This Act shall come into force on the day upon which it receives the Royal Assent and shall be deemed to have had effect on and after the 1st day of January, 1948.
Short title. 4, This Act may be cited as The Department of Education Amendment Act, 1948.
83
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No. 84
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Public Schools Act.
Mr. Drew
TORONTO
Printed and Published by Baptist Johnston
PRINTERiTO THE^KiNG'S MOST EXCELLENT MAJESTY
Explanatory Notes
Section 1 — Subsection 1. The present clause b reads as follows:
(6) the purchase or enlargement of a site and the erection thereon of a building for the use of the board for administration or office purposes.
Subsection 2. This amendment confers power on the council of an urban municipality, on the application of the board, to pass by-laws for borrowing money by the issue and sale of debentures for the purpose of purchasing a bus or buses or other vehicles for the transportation of pupils. Other councils are also given this power by the application of this subsection in sections 15, 54a and 55 of the Act.
Section 2. The power of the minister to designate an area of Crown lands as a rural school section is broadened to give the same power with respect to any lands which are exempt from taxation for school purposes.
Section 3. The subsection which is added to section 86 provides that where a pupil resides on lands which are exempt from taxation for school purposes and neither he nor his parents or guardians pay school taxes in the school section where he attends school, fees shall be f>aid monthly to the school board by his parent or guardian or an agent on his behalf.
84
No. 84 1948
BILL
An Act to amend The Public Schools Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembh" of the Province of Ontario, enacts as follows:
1 — (1) Clause b of subsection 1 of section 54 of The Pm^/jc Rev. stat.,
^ • . c. So ^ , s. 54,
Schools Act is repealed and the following substituted therefor: subs. i. ci. b,
'■ re-enactea.
(b) the purchase or enlargement of sites and the erection thereon of buildings or additions or alterations there- to for the administrative or office purposes of the board.
(2) Subsection 1 of the said section 54 is further amended by Rev. stat., adding thereto the following clause: siibs. if'
amended.
(g) the purchase of a bus or buses or other vehicles for the transportation of pupils.
2. Subsection 1 of section 62a of The Public Schools Act,^^^"^rj^^^^Q2a as enacted by section 3 of The Public Schools Amendment Act, '^^^^^'^ 3, 1947, is amended by inserting after the word "Ontario" in the amended. ' fourth line the words "or on any lands which are exempt from taxation for school purposes," so that the said subsection shall now read as follows:
(1) Where, in the opinion of the Minister, it is desirable Public
to establish and maintain a public school on lands tax exempt held by the Crown in right of Canada or Ontario, ^''"'^^• or on any lands which are exempt from taxation for school purposes, the Minister may designate an}^ portion of such lands as a rural school section, and may appoint as members of the board such persons as he may deem proper.
Rev. Stat.
3. Section 86 of The Public Schools Act, as amended by section 31 of The School Law Amendment Act, 1938, section 15 c- 357 s. 86,
. _,, o 7 T r ^ 7 A amended.
01 Ike School Law Amendment Act, 1941, and section 4 of The Public Schools Amendment Act, 1946, is further amended by adding thereto the following subsection:
84
PupiiH (10) Where a person of school age who resides on lands
on tux which are exempt from taxation for school purposes,
hfnds!'* attends a public school and he and his parents or
guardians are not assessed for, and do not pa>', taxes for school purposes in the school section, the parent or guardian of the pupil or an agent in his behalf shall pay to the board of the school such monthly fees as may be prescribed by the board, but not exceeding the average cost per pupil computed as provided in subsection 3 except that in such computation county and municipal grants shall not be deducted.
Rev. Stat.. 4. — (1) Subsection 1 of section 95 of The Public Schools Act
V 357 s 95 .
aiibs. i. ' 'is amended by inserting after the article "a" in the third line amen e ^^^^ word "public," SO that the said subsection shall now read
as follows:
tVn"of'*'^'" (^^ ^^^^' board of a section or municipality may provide
resident for the transportation of pupils residing in the sec-
pupils , . . ,. , , , ,
attending tion or municipality, as the case may be, to and from
schooi.H. a public, continuation, high or vocational school
situate elsewhere which such pupils have the right by
law to attend, and for the purpose may co-operate
with any other board.
Rev. Stat.. (2) The said section 95 is further amended by adding
c. 357. s. 95, ^ ' f ,1 • t •
amended. thereto the following subsection:
v'e'hkliesl'o*'/ (^) Notwithstanding subsection 2, for the purpose of
uon7)f'"'^ providing transportation of pupils a board may
piipiN purchase a bus or buses or other vehicles either out
of current revenue or by the issue of municipal deben- tures as authorized by this Act.
ment"oTAct. ^' '^^'^ "^^^ s\\a\\ come into force on the day upon which it receives the Royal Assent and shall be deemed to have had effect on and after the 1st day of January, 1948.
Short title. ^j T\\\s Act may be cited as The Public Schools Amendment Act, 1948.
84
SECTlONi4. The amendments to section 95 authorize school boards to purchase buses or other vehicles to provide transportation of pupils, either out of current revenue or by the issue of debentures as provided in the new clause g of subsection 1 of section 54 (section 1 of this Bill).
84
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No. 84
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Public Schools Act.
Mr, Drew
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 84 1948
BILL
An Act to amend The Public Schools Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Clause b of subsection 1 of section 54 of The Public ^^^^r^^^^^'^ Schools Act is repealed and the following substituted therefor: subs, i, ci. 6.
(b) the purchase or enlargement of sites and the erection thereon of buildings or additions or alterations there- to for the administrative or office purposes of the boarci .
(2) Subsection 1 of the said section 54 is further amended by Rev. stat..
. c 357 s. 54
adding thereto the following clause: subs, i, '
amended.
(g) the purchase of a bus or buses or other vehicles for the transportation of pupils.
2. Subsection 1 of section 62a of The Public Schools ^c/, e. s^V, s^62o as enacted by section 3 of The Public Schools Amendment Act, c^gg^'s. 3), 1947, is amended by inserting after the word "Ontario" in the amended. ' fourth line the words "or on any lands which are exempt from taxation for school purposes," so that the said subsection
shall now read as follows:
(1) Where, in the opinion of the Minister, it is desirable ^J^^^^^^ ^^^ to establish and maintain a public school on lands tax exempt held by the Crown in right of Canada or Ontario, or on any lands which are exempt from taxation for school purposes, the Minister may designate any portion of such lands as a rural school section, and may appoint as members of the board such persons as he may deem proper.
3. Section 86 of The Public Schools Act, as amended by Rev. stat., section 31 of The School Law Amendment Act, 1938, section 15 amemied.^^' of The School Law Amendment Act, 1941, and section 4 of
The Public Schools Amendment Act, 1946, is further amended by adding thereto the following subsection:
84
PupllB
residing on tax exempt lands.
(10) WTicrc a person of school ajje who resides on lands which are exempt from taxation for school purposes, attends a public school and he and his parents or guardians are not assessed for, and do not pay, taxes for school purposes in the school section, the parent or guardian of the pupil or an agent in his behalf shall pay to the board of the school such monthly fees as may be prescribed by the board, but not exceeding the average cost per pupil computed as provided in subsection 3 except that in such computation county and municipal grants shall not be deducted.
(1) Subsection 1 of section 95 of The Public Schools Act
in the third line
Rev. Stat.,
o. 357, 8. 95, . 1,1' • r 1 -1
subs. 1. is amended by msertmg after the article
the word "public," so that the said subsection shall now read
as follows:
Transporta- tion of resident pupils attending outside schools.
(1) The board of a section or municipality may provide for the transportation of pupils residing in the sec- tion or municipality, as the case may be, to and from a public, continuation, high or vocational school situate elsewhere which such pupils have the right by law to attend, and for the purpose may co-operate with any other board.
0**357^*8^*95 ^^^ ^^^ ^^'^ section 95 is further amended by adding amended. ' thereto the following subsection:
Purchase of vehicles for transporta- tion of pupils.
(3) Notwithstanding subsection 2, for the purpose of providing transportation of pupils a board may purchase a bus or buses or other vehicles either out of current revenue or by the issue of municipal deben- tures as authorized by this Act.
ment"o*f"Aot. *• ^^'^ ^^^ ^^^" come into force on the day upon which it receives the Royal Assent and shall be deemed to have had effect on and after the 1st day of January, 1948.
Short title.
6. This Act may be cited as The Public Schools Amendment Act, 1948.
84
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No. 85
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Vocational Education Act.
Mr. Drew
TORONTO Printed and Published by Baptist Johnston
PRINTER_iTO THE KiNG'S MOST EXCELLENT MAJESTY
Explanatory Notes
Section 1 — Subsection 1. "Board" is re-defined to bring the Act into line with existing practice. No continuation school board has ever estab- lished a vocational school and so is removed from the definition.
Subsections 2 and 3. The definitions of "county pupils" and "resident pupils" in The Continuation Schools Act, The High Schools Act, and The Vocational Education Act are amended or re-enacted for consistency. The new principle involved is to exclude from the definitions pupils who reside on land which is exempted from taxation for school purposes where they and their parents or guardians are not assessed for and do not pay school taxes in the county or school district respectively.
85
No. 85 1948
BILL
An Act to amend The Vocational Education Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Clause a of section 1 of The Vocational Education ^^q^^^^^' Act is repealed and the following substituted therefor: ci. a re-
^ ■ ° enacted.
(a) "Board" shall mean a board of education or the "Board", board of a high school.
(2) Clause b of the said section 1 , as re-enacted by subsection Rev. stat.. 1 of section 33 of The School Law Amendment Act, 1945 and ci. b (i945.* amended by section 1 of The Vocational Education Amend- c^^, ^^3. ment Act, 1947, is further amended by adding at the end l^l^ded. thereof the words "but shall not include pupils residing with their parents or guardians on land which is exempt from taxation for school purposes, who and whose parents or guardi- ans are not assessed for, and do not pay, taxes for school purposes in a municipality in the county", so that the said clause shall now read as follows:
(b) "County pupils" shall mean pupils, pupils''.^
(i) who reside with their parents or guardians, or
(ii) who or whose parents or guardians are assessed for an amount equal to the average assessment of the ratepayers,
in that part of a county which is not within a city or separated town or within a high school or grade A or grade B continuation school district, but shall not include pupils residing with their parents or guardians on land which is exempt from taxation for school purposes, who and whose parents or guardians are not assessed for, and do not pay, taxes for school purposes in a municipality in the county.
85
c^'3(ii/!'H*'^r. (^) ("lausf e of the saifl section I is repealed and the follow cl.* ro i,ig substituted therefor:
enacted. "
"ReHiderit pupilH".
{e) "Resident pupils" shall mean pupils,
(i) who reside with their parents or guardians, or
(ii) who or whose paients or guardians are assessed for an amount equal to the average assessment of the ratepayers,
within the limits of a high school district or a grade A or gr.ide B continuation school district in which a vocational school is established and maintained, but shall not include pupils residing with their parents or guardians on land which is exempt from taxation for school puri)oses, who and whose parents or guar- dians are not assessed for, and do not pay, taxes for school purfjoses within the district.
^®369^**^' 2. Sections 3 and 4 and section 5 as amended by section 2 re-e^'acted. °^ ^^'^ Vocational Education Amendment Act, 1947, of The
Vocational Education Act are repealed and the following
substituted therefor:
Establishing
vocational
schools.
Courses of study.
Admission of pupils to vocational schools. Rev. Stat.. 0. 360.
Admission to
pre-
vocational
school
courses.
3. Subject to the approval of the Minister, a board ma>'
establish and maintain a vocational school.
4. Subject to the approval of the Minister, a vocational
school under this Part may provide, —
(a) pre-vocational school courses of study;
{b) general full-time day courses of study;
(f) part-time day courses of study;
{d) special full-time day courses of study; and
(e) evening courses of study.
5. — (1) Pupils entitled under The High Schools Act to admission to a day high-school may be admitted to any vocational school under this Part.
(2) I'pon the recommendation of the vocational-school principal and with the approval of the advisory committee, pupils who have successfully completed grade VII at a public or separate school may be admitted to any pre-vocational school course of study at a vocational school.
85
Section 2. Sections 3, 4 and 5 of The Vocational Education Act deal with the establishment of vocational schools, courses of study, and the admission of pupils. These sections are re-enacted for the first time in many years to bring them into line with modern practice and conditions. The courses of study are broadened to include pre-vocational school courses and the requirements for admission of adults are clarified.
85
(3) Subject to the regulations, pupils of thirteen years of pu^ig^1^r^om°^ age and over, who have been in attendance in auxniary auxiliary classes, or who are eligible for admission
to such classes, may, with the approval of the Minister and upon an examination conducted subject to his direction, be admitted to special industrial schools established by a board for the purpose of giving vocational instruction to such pupils where it is found that they ma\' be benefited by it.
(4) Where the vocational-school principal is satisfied that ^^^jjj^^l^'^^ °^ an adult is competent to receive instruction, the
adult may, without regard to his school standing, be admitted, —
(a) to a special full-time day course of study;
(b) to a part-time day course of study; or
(c) to an evening course of study.
(5) Except with the consent of the Minister, a pupil ^jf^admiss^jn enrolled in a full-time day course of study shall not *^^^j^|g'"^ be admitted to an evening course of study.
(6) Where a pupil has,— from pre-
vocational courses.
(a) attended pre-vocational school classes in a
vocational school for at least one year; and
(b) made progress in his course of study satis-
factory to the principal,
he may, upon the recommendation of the principal and with the approval of the Director of Vocational Education, transfer to any other course of study in the vocational school.
(7) Where a pupil has the right under this Act to attend, — Fees.
(a) general or special 'full-time day courses of study; or
(b) part-time day courses of study for appren-
tices under The Apprenticeship Act, or forRYqStat.. adolescents under section 5 of The Adolescent B,ev. stat.. School Attendance Act,
he shall be exempt from the payment of fees.
(8) Notwithstanding subsection 7, where a pupil, — paylbie^®^
85
(a) has completed grade separate school; and
VIII at a public or
(b) has attended a high or vocational school or collegiate institute or grade A or grade B con- tinuation school, for at least six years,
he shall not be admitted to a vocational school except upon the payment of such fees as the board may prescribe but not exceeding the average cost per pupil for education in that vocational school.
c!^*369^8^V3. ^- Section 13 of The Vocational Education Act is amended amended. ^y adding thereto the following subsection:
Cost of
pupilB from
other
secondary
school
districts.
Rev. Stat., c. 360.
(4d) The cost of education of pupils attending a voca- tional school from another high school district or grade A or grade B continuation school district shall be calculated in the same manner mutatis mutandis as the cost of education of county pupils, and shall be levied by the council or councils of the munici- pality or municipalities comprising such district in accordance with section 42 of The High Schools Act, and paid to the board operating the vocational school.
^^^ggSt^at- 4. Part II of The Vocational Education Act, as amended by Part I'l. section 35 of The School Law Amendment Act, 1945, is repealed and the following substituted therefor:
PART II.
PROVINCIAL TECHNICAL AND POLYTECHNICAL INSTITUTES.
Establishing institutes.
Agreements.
17. — (1) Subject to the approval of the Lieutenant- Governor in Council, the Minister may establish, maintain, conduct and govern schools for advanced technical training required in one or more branches of industry.
(2) For the purjwse of subsection 1 the Minister may enter into an agreement with any organization representing one or more branches of industry.
Names of institutes.
(3) A school providing instruction in one branch of industry shall be known as a "provincial technical institute" and in more than one branch of industry as a "provincial polytechnical institute".
85
Section 3. By a 1947 amendment, the boards of secondary school districts, instead of the county, are responsible for the cost of education of pupils resident in such districts who attend vocational schools elsewhere. The new subsection establishes the basis upon which the cost shall be com- puted and levied.
Section 4. The provisions of the Act dealing with provincial technical schools are re-enacted to bring them into line with present conditions. The provisions authorizing the establishment of these schools as provincial technical institutes and provincial polytechnical institutes appear in the new section 17. The new sections 18 and 19 provide for the conduct and main- tenance of these schools by boards assisted by advisory councils and advisory committees. The provision for these advisory bodies is new. New authorities are given under the new sections 20a, 206 and 20c respecting regulations, admission of pupils, and courses of study, etc.
85
(4) The Minister shall designate the name of an institute, j^g^tu't^s.
18. — (1) A provincial technical institute shall be rnain- ^^^^^g*^^^'^^ tained and conducted by a board assisted by an committee. advisory committee.
(2) The board and advisory committee shall be appointed ment.^^ ' by the Minister.
19. — (1) A provincial polytechnical institute shall be Board, maintained and conducted bv a board assisted bv, — council and
committee.
(a) an advisory council; and
(b) an advisory committee for each branch of
industry in which training is given at the institute.
(2) The board, advisory council and advisory com- ment.^'^ mittees shall be appointed b}- the Minister.
20. The cost of establishing and maintaining a provincial Etabi*ishing technical or polytechnical institute shall be borne ti^nin'g"^ and paid out of moneys appropriated by this Legis- i'^^^i*"*®^- lature or received from Canada for the purposes of technical education, and out of moneys contributed by any organization which has entered into an agree- ment under subsection 2 of section 17.
20a. The Lieutenant-Governor in Council may make Reguiationp. regulations with respect to schools established under this Part, —
(a) for the appointment and composition of boards, advisory councils and advisory committees and fixing the number of members thereof;
(b) prescribing,
(i) the duties of boards, advisory councils or advisory committees, and
(ii) constitutions for advisory councils or advisory committees;
(c) for the holding of meetings of boards, advisory
councils or advisory committees, the manner in which the meetings are to be called and con- ducted and the procedure thereat;
85
(d) for the election or appointment of a chairman and secretary of boards, advisory councils or advisory committees, and prescribing their duties;
(«) authorizing a principal to dtsigiiatc the secre- tary of a board ;
(J) prescrii)iiiK the qualifications and governing the appointment of principals and teachers;
(g) prescribing the duties of inspectors, principals, teachers and pupils;
(h) for the establishment of full-time day courses of study, special and part-time day courses of study and evening courses of study, but only where the approval of the Minister is obtained ;
(i) for the admission of pupils, and prescribing the terms and conditions of admission ;
(J) classifying persons who may be admitted from outside Ontario and fixing the amount of fees payable b\' each class and the manner of payment;
(k) requiring pupils enrolled in a special or part- time day course of study or an evening course of study to pay tuition fees and authorizing boards to fix the amount thereof and the manner of pa^im-nt ;
(/) requiring pupils to pay registration and labora- tory fees and fixing the amount thereof and the manner of payment; and
(m) for the granting of diplomas and certificates of standing and prescribing the forms thereof.
Alternative 206. The board of a provincial technical or poK technical
require- mstitute mav accept m lieu of anv diploma or other
ments. . ^' Mir i • '• r
requirement prescribed for admission to a course of
study at the institute, —
(a) such evidence of academic standing or course of training as the principal and advisory com- mittee deem equivalent thereto; or
(b) eviiltna*, satisfactory to the principal and
advisory committee, that the applicant for
85
admission is competent to undertake the course of study.
20c. The Minister may, for each provincial technical orjeff^f-
Colli SGSf
polytechnical institute, — subjects,
and reference
(a) determine the number of terms and the dates each term commences and ends; and
(b) prescribe the courses of study, subjects, time
allotments for subjects, text-books and refer- ence books.
5. This Act shall come into force on the day upon which it ^^^^f^^^t receives the Royal Assent and shall be deemed to have had
effect on and after the 1st day of January, 1948.
6. This Act may be cited as The Vocational Education Short title. Amendment Act, 1948.
85
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No. 85
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Vocational Education Act.
Mr. Drew
TORONTO
Printed and Published by Baptist Johnston
Printer TO the King's Most Excellent Majesty
No. 85 1948
BILL
An Act to amend The Vocational Education Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Clause a of section 1 of The Vocational Education^^^-^^^*--
^ ' . , C. od9, S. 1,
Act is repealed and the following substituted therefor: ci. a, re-
'^ enacted.
(a) "Board" shall mean a board of education or the "Board". board of a high school.
(2) Clause b of the said section 1 , as re-enacted by subsection Rev. stat.. 1 of section 33 of The School Law Amendment Act, 1945 and ci. b (1945.* amended by section 1 of The Vocational Education Amend-I^^J^^^^^^ ment Act, 1947, is further amended by adding at the end |^|j:^^^^_ thereof the words "but shall not include pupils residing with their parents or guardians on land which is exempt from taxation for school purposes, who and whose parents or guardi- ans are not assessed for, and do not pay, taxes for school purposes in a municipality in the county", so that the said clause shall now read as follows:
(6) "County pupils" shall mean pupils, pupils'*.'^
(i) who reside with their parents or guardians, or
(ii) who or whose parents or guardians are assessed for an amount equal to the average assessment of the ratepayers,
in that part of a county which is not within a city or separated town or within a high school or grade A or grade B continuation school district, but shall not include pupils residing with their parents or guardians on land which is exempt from taxation for school purposes, who and whose parents or guardians are not assessed for, and do not pay, taxes for school purposes in a municipalit}' in the county.
85
Rev. Stat., 0. 369, a. 1.
enacted" '"^ substituted thcrefor:
(3) Clause c of the said section 1 is repealed and the follow-
"Ilesldent pupils".
(e) "Resident pupils" shall mean pupils,
(i) who reside with their parents or guardians, or
(ii) who or whose parents or guardians are assessed for an amount equal to the average assessment of the ratepayers,
within the limits of a high school district or a grade A or grade B continuation school district in which a vocational school is established and maintained, but shall not include pupils residing with their parents or guardians on land which is exempt from taxation for school purposes, who and whose parents or guar- dians are not assessed for, and do not pay, taxes for school purposes within the district.
0^*369^*^*** ■■ 2. Sections 3 and 4 and section 5 as amended by section 2 Sf'-P^otvpH of The Vocational Education Amendment Act, 1947, of The
re-enacted. '
Vocational Education Act are repealed and the followmg substituted therefor:
Establishing
vocational
schools.
Courses of study.
Admission of pupils to vocational schools. Rev. Stat., c. 360.
Admission to
pre-
vocational
school
courses.
3. Subject to the approval of the Minister, a board may
establish and maintain a vocational school.
4. Subject to the approval of the Minister, a vocational
school under this Part may provide, —
(a) pre- vocational school courses of study;
(6) general full-time day courses of study;
(c) part-time day courses of study;
{d) special full-time day courses of study; and
{e) evening courses of study.
5. — (1) Pupils entitled under The High Schools Act to admission to a day high-school may be admitted to any vocational school under this Part.
(2) Upon the reconmiendation of the vocational-school principal and with the approval of the advisory committee, pupils who have successfully completed grade VII at a public or separate school may be admitted to any pre-vocational school course of study at a vocational school.
85
(3) Subject to the regulations, pupils of thirteen years of ^^^/^^'jJPq^^' age and over, who have been in attendance in auxiliary auxiliary classes, or who are eligible for admission
to such classes, may, with the approval of the Minister and upon an examination conducted subject to his direction, be admitted to special industrial schools established by a board for the purpose of giving vocational instruction to such pupils where it is found that they may be benefited by it.
(4) Where the vocational-school principal is satisfied that adJits^^°" °^ an adult is competent to receive instruction, the
adult may, without regard to his school standing, be admitted, —
(a) to a special full-time day course of study;
(b) to a part-time day course of study; or
(c) to an evening course of study.
(5) Except with the consent of the Minister, a pupil ^n^admVss?on enrolled in a full-time day course of studv shall not ^^ evening
" coursGS
be admitted to an evening course of stud>-.
(6) Where a pupil has,— fTom'p're-
vocational courses.
(a) attended pre-vocational school classes in a
vocational school for at least one year; and
(b) made progress in his course of study satis-
factory to the principal,
he may, upon the recommendation of the principal and with the approval of the Director of Vocational Education, transfer to any other course of study in the vocational school.
(7) Where a pupil has the right under this Act to attend, — ^ees.
(a) general or special full-time day courses of study; or
(b) part-time day courses of study for appren-
tices under The Apprenticeship Act, or for^ev. stat.. adolescents under section 5 of The Adolescent B.ev. stat.. School Attendance Act, ^' ^^^'
he shall be exempt from the payment of fees.
(8) Notwithstanding subsection 7, where a pupil, — pISiS®^
85
(fl) has completed grade VIII at a public or separate school; and
(6) has attended a high or vocational school or collegiate institute or grade A or grade B con- tinuation school, for at least six years,
he shall not be admitted to a vocational school except upon the payment of such fees as the board may prescribe but not exceeding the average cost per pupil for education in that vocational school.
3. Section 13 of The Vocational Education Act is amended
Rev. Stat., C. 369. 8. 13.
amended. by adding thereto the following subsection:
Cost of
pupils from
other
secondary
school
districts.
Rev. Stat., c. 360.
(4d) The cost of education of pupils attending a voca- tional school from another high school district or grade A or grade B continuation school district shall be calculated in the same manner mutatis mutandis as the cost of education of county pupils, and shall be levied by the council or councils of the munici- pality or municipalities comprising such district in accordance with section 42 of The High Schools Act, and paid to the board operating the vocational school.
Rev. Stat., o. 369. Part II.
re-enacted.
4. Part II of The Vocational Education Act, as amended by section 35 of The School Law Amendment Act, 1945, is repealed and the following substituted therefor:
PART II.
PROVINCIAL TECHNICAL AND POLYTECHNICAL INSTITUTES.
Establishing institutes.
17. — (1) Subject to the approval of the Lieutenant- Governor in Council, the Minister may establish, maintain, conduct and govern schools for advanced technical training required in one or more branches of industry.
Agreements.
(2) For the purpose of subsection 1 the Minister may enter into an agreement with any organization representing one or more branches of industry.
Names of institutes.
(3) A school providing instruction in one branch of industry shall be known as a "provincial technical institute" and in more than one branch of industry as a "provincial polytechnical institute".
85
(4) The Minister shall designate the name of an institute. i^stTtut^s.
18. — (1) A provincial technical institute shall be main- ^^^^g*^^^'^'* tained and conducted by a board assisted by an committee. advisory committee.
(2) The board and advisory committee shall be appointed ment.^'^ ' by the Minister.
19. — (1) A provincial polytechnical institute shall be Board,
. . t- J ^ advisory
maintained and conducted bv a board assisted by, — council and
committee.
(a) an advisory council ; and
(b) an advisory committee for each branch of
industry in which training is given at the institute.
(2) The board, advisory council and advisory com- ment.'"^ ' mittees shall be appointed by the Minister.
20. The cost of establishing and maintaining a provincial ^stabi*ishing technical or polytechnical institute shall be borne t^nin'g ^"' and paid out of moneys appropriated by this Legis- i"^*^*"*®^- lature or received from Canada for the purposes of technical education, and out of moneys contributed by any organization which has entered into an agree- ment under subsection 2 of section 17.
20a. The Lieutenant-Governor in Council may make Regulations, regulations with respect to schools established under this Part, —
(a) for the appointment and composition of boards> advisory councils and advisory committees and fixing the number of members thereof;
(b) prescribing,
(i) the duties of boards, advisory council or advisory committees, and
(ii) constitutions for advisor}- councils or advisory committees;
(c) for the holding of meetings of boards, advisory
councils or advisory committees, the manner in which the meetings are to be called and con- ducted and the procedure thereat;
85
(d) for the election or appointment of a chairman and secretary of boards, advisory councils or advisory committees, and prescribing their duties;
(«) authorizing a principal to designate the secre- tary of a board ;
(J) prescribing the qualifications and governing the appointment of principals and teachers;
(g) prescribing the duties of inspectors, principals, teachers and pupils;
(h) for the establishment of full-time day courses of study, special and part-time day courses of study and evening courses of study, but only where the approval of the Minister is obtained ;
(i) for the admission of pupils, and prescribing the terms and conditions of admission ;
(J) classifying persons who may be admitted from outside Ontario and fixing the amount of fees payable by each class and the manner of payment;
(k) requiring pupils enrolled in a special or part- time day course of study or an evening course of study to pay tuition fees and authorizing boards to fix the amount thereof and the manner of payment;
(/) requiring pupils to pay registration and labora- tory fees and fixing the amount thereof and the manner of payment; and
(m) for the granting of diplomas and certificates of standing and prescribing the forms thereof.
Alternative 206. The board of a provincial technical or pohtechnical
admission — . . • ,• r i- • ,
require- institute may accept in lieu of any diploma or other
requirement prescribed for admission to a course of study at the institute, —
(a) such evidence of academic standing or course of training as the principal and advisory com- mittee deem equivalent thereto; or
(b) evidence, satisfactory to the principal and advisory committee, that the applicant for
85
ments.
admission is competent to undertake the course of study.
20r. The Minister mav, for each provincial technical or Terms.
. .- ^ courses,
polvtechnical mstitute, — subjects,
text-books and reference
(a) determine the number of terms and the dates °° ^" each term commences and ends; and
ib) prescribe the courses of study, subjects, time allotments for subjects, text-books and refer- ence books.
5. This Act shall come into force on the day upon which it ^^"Y^f'A ^t receives the Royal Assent and shall be deemed to have had
effect on and after the 1st day of January, 1948.
6. This Act may be cited as The Vocational Education ^^o^^ ^^^^^^ Amendment Act, 1948.
85
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No. 86
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Change of Name Act, 1948.
Mr. Blackwell
TORONTO Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
Explanatory Notes
This Bill is a revision of The Change of Name Act, J 939, with certain changes in principle and new provisions. These are as follows:
1. Under subsection 1 of section 2 a woman whose marriage has been dissolved may revert to her maiden name without making application under this Act.
2. Subsection 3 of section 2 permits a person who eflfected a change of name prior to the date of coming into force of The Change of Name Act, 1939, to obtain confirmation of the change under this Act.
3. Under the present Act where a married man, a widower or a widow applies for a change of name he must also apply for a change of the names of his wife, if any, and all unmarried infant children. Under sections 4 and 5 where the application is for a change of surname the applicant must apply for a change of the surname of his wife, if any, and all un- married infant children, and in addition such a person may apply for a change of the given names of such persons.
4. By section 6, a person whose marriage has been dissolved is author- ized to make a representative application for a change of the names of the children of whom he or she has lawful custody, on consent of the other parent. Also a divorced woman who re-marries may make such an appli- cation, on the consent of her husband.
5. Section 7 permits an application by an unmarried mother or a widowed mother who marries to change the surname of her unmarried infant children to her surname on marriage. Children legitimated by the subsequent intermarriage of their parents are provided for in The Vital Statistics Act, 1948.
6. Section 8 permits a woman who is deserted by her husband to apply for a change of name for herself and also on behalf of her unmarried infant children.
7. Subsection 1 of section 9 provides for the requirement of consent by persons whose names are to be changed. This is not a new principle. Subsection 2 of section 9 provides for the consents required under sub- sections 3 and 4 of section 6, section 7 and section 8.
8. Section 11 permits a judge to dispose of the provision requiring one year's residence in the county or district in which the application is made.
9. Clause h of subsection 1 of section 12 is new and is complemented by the provisions of subsection 3 of the same section, the addition of clause h of section 14 and the addition of section 18.
10. Sections 17, 19, 20, 21 and 22 are the former sections 9, 10, 11 and 12, re-enacted to accord with The Vital Statistics Act, 1948.
86
No. 86 1948
BILL
The Change of Name Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act,- JaS-
(a) "applicant" shall mean a person applying for a "applicant' change of name under this Act;
(b) "application" shall mean an application for a change ^-qP?,'?®*'
of name under this Act;
(c) "change" shall mean any change by way of altera- "ciiange";
tion, substitution, addition or abandonment;
(d) "child" shall include a child adopted under the pro- r j^'^*stat visions of The Adoption Act; c. 218. '
(e) "given name" shall include Christian name and bap-n||J|M.
tismal name;
(/) "name" shall include given name and surname; "name";
(g) "Registrar-General" shall mean Registrar-General oenersfr^'^" under The Vital Statistics Act, 1948; and i94,s, c. 00.
(h) "surname" shall include family name and patro- "surname", nymic. 1939, c. 6, s. 1, amended.
2. — (1) Except in the case of a change of surname by a ^^^p^^^^.^''^ woman upon her marriage to that of her husband, or the adoption of her maiden name by a woman upon dissolution of her marriage, and subject to section 12 of The Vital Statis- tics Act, 1948 and section 6 of The Adoption Act, no person Rev. stat.. shall change his name except under this Act.
(2) Nothing herein contained shall be deemed to affect any Saving. change of name effected under any right which existed at law prior to the 26th day of June, 1939. 1939, c. 6, s. 13, amended.
86
Applieitlon where name chdtiged prior to June 26, 1939.
(3) Any British subject by birth or by naturalization of the full age of twenty-one years who effected a change of name in Ontario under any right which existed at law prior to the 26th day of June, 1939, may make an application under this Act to change his name from the name he bore prior to the change to the name he bears as a result of the change, as though the change had not been effected. New.
Applicant to be British subject 21 years of age.
3. — (1) Every applicant shall be a British subject by birth or naturalization of the full age of twenty-one years.
Application. (2) Any person except a married woman may make an application. 1939, c. 6, s. 2 (1), amended.
Application 4. — (1) Where a married man applies for a change of his man. surname, he shall also apply for a change of the surnames of
his wife and of all of his or their unmarried infant children.
1939, c. 6, s. 2 (2), amended.
Idem. (2) A married man may apply for a change of the given
names of his wife and any or all of his or their unmarried infant children. New.
b*^ widower ^' — ^^^ Where a widower or widow applies for a change of or widow. surname, he or she shall also apply for a change of the sur- name of all of his or her unmarried infant children. 1939, c. 6, s. 2 (3), amended.
Idem. (2) A widower or widow may apply for a change of the
given name or names of any or all of his or her unmarried infant children. New.
by divorced ®- — (1) ^ person whosc marriage has been dissolved may Cehaif of" mal<e an application for a change of the name or names of children. any or all of his unmarried infant children of whom he has lawful custodw
Proof required.
(2) An application under this section shall be accompanied by such proof that the marriage has been dissolved and that the applicant has lawful custody of the children named in the application, as the judge may require.
other^"* ^^ (^) ^^ application under this section shall be granted un- parent. i^gg x.\\e Other parent, if living, of the child or children is
served with notice of the application and consents to the
change of name.
A ppiioation by divorced woman who re-marries.
(4) Notwithstanding subsection 2 of section 3, a woman whose marriage has been dissolved and who re-marries may apply under this section for a change of the surname of her child or children to her surname on re-marriage, but no such
86
application shall be granted unless her husband, if living, consents. New.
7. Notwithstanding subsection 2 of section 3, an unmarried -^PP''cation
^ .by mother
mother who marries, or a widowed mother who re-marnes, in certain may make an application, with the consent of her husband, stances, if living, for a change of the surname of her unmarried infant children, not being her husband's children, so that their surname shall be her surname by marriage. New.
8. Notwithstanding subsection 2 of section 3, a married ^P^'^^^j^^^JJ woman who is deserted by her husband ma\' apply for a change '^'f^-
of name, and where she applies for a change of surname she may also apply for a change of the name or names of any or ail of her unmarried infant children of whom she has custody, but no such application shall be granted unless her husband is served with notice of the application and consents to the change of name. New.
9. — (1) Where an application includes an application for a consent of change of the name of the wife of the applicant or of any un- children. married infant children of the age of fourteen years or over, the consent in writing of all of such persons shall be obtained, and all of such persons shall appear upon the hearing of the application, provided that where a wife has, in the opinion of the judge, been living apart from her husband for a period of five years immediately prior to the application, the judge may hear the application in her absence and without her consent, in which case no change of her name shall be effected. 1939, c. 6, s. 2 (4), amended.
(2) Where, on an application, the consent of any person is Consent of required under subsection 3 or 4 of section 6, section 7 or or husban^d. section 8, the consent in writing of all of such persons shall be obtained, and all of such persons shall appear upon the hearing of the application, provided that on an application under section 8 where, in the opinion of the judge, a husband has deserted his wife and is not contributing to the support of his wife or the children on whose behalf the application is made, the judge may hear the application in his absence and without his consent. New.
10. — (1) Every application shall be made to a judge of ^ppiJcation the county or district court of the county or district in which the applicant has resided for a period of one year immediately prior to the making of such application, and shall be heard at such time and place as the judge may appoint in writing. 1939, c. 6, s. 3 (1); 1940, c. 3, s. 1 (1).
(2) Where the judge who has appointed a time and place where judge for the hearing of the application becomes ill or dies or forhear'ap-"
lication.
86
Application where applicant has not resided in county or district for one year.
any other reason is unable to hear the application at the time and place so appointed, the application may be heard by another judge of the same county or district court or by any judge who may for the time being be acting as a judge of such court. 1940, c. 3, s. 1 (2).
11. — (1) Notwithstanding the provisions of subsection 1 of section 10, the applicant may apply to a judge of the county or district court in the county or district in which he resides for authority to make application without having resided in such county or district for a period of one year mmediately prior to such application.
aufhori'ze^ (2) The judge shall inquire into the circumstances and if he is satisfied that the applicant would otherwise suffer hardship, he may make an order authorizing the applicant to make application forthwith and such order shall suffice in the stead of the affidavit required by subsection 2 of section 12 in so far as such affidavit refers to residence.
May require additional notice of application to be published.
Particulars of applica- tion.
(3) The judge may in the order require the applicant to publish, in addition to the notice required by subsection 1 of section 13, such additional notice in such counties or districts as he deems necessary, and an affidavit as to publication of such additional notice shall accompany the application for a change of name. New.
12. — (1) Every application shall set forth, —
(a) the address and date and place of birth of the ap- plicant;
{b) where the applicant is a married man, the maiden name in full of his wife, and the date and place of marriage;
(c) the name in full of his father, and where the applicant is a married man, the name in full of his wife's father;
{d) the maiden name in full of his mother, and where the applicant is a married man, the maiden name in full of his wife's mother;
(e) that he is a British subject by birth or naturalization as the case may be;
(/) his occupation, profession or calling;
(g) whether he has been convicted of a criminal offence and the particulars of any such offence;
86
(h) a statement containing full particulars of any judg- ment or action pending against him, or any chattel mortgage, lien or other registered encumbrance against his personal property, or if none, a statement to that effect;
(i) the name proposed to be adopted;
(J) a statement containing full particulars of any change of name effected previously, or if none, a statement to that effect;
(k) the names, ages and other similar particulars with respect to all other persons whose names may be changed as a result of the application; and
(/) a statement of the reasons for desiring the change of name. 1939, c. 6, s. 4 (1), amended.
2) Every application shall be accompanied by an affidavit Application of the applicant deposmg, — companied
^^ ^ '' by affidavit.
(a) that he has resided in the county or district in which the application is made for a period of not less than one year immediately prior to the making of the application ;
(b) that the statements contained in the application are
true; and
(c) that the application is made by the applicant in good
faith and for no improper purpose. 1939, c. 6, s. 4 (2); 1940, c. 3, s. 2.
(3) Every application shall be accompanied by, — as*to^°^**
executions and bank-
(a) a certificate of the sheriff of the county or district in ruptcy. which the application is made, and of every other county or district the judge may direct, as to the existence of any unsatisfied executions in his hands against the property of each person of the full age
of twenty-one years whose name may be changed as a result of the application; and
(b) a certificate of the Registrar in Bankruptcy as to the
appearance in the index book kept pursuant to sub-
section 3 of section 28 of the Bankruptcy Act (Can- ada) of the name of each person of the full age of twenty-one years whose name may be changed as a result of the application. New.
R.S.C. c. 11.
86
Notice of 13. — (1) Every applicant shall publish once in the Ontario
application. _, , •' ^^ i r i • i •
Uazette and once a week for three consecutive weeks in a newspaper having general circulation in the locality in which he resides, a notice of the application stating the name and address and proposed name of every person whose name may be changed as a result of the application, and the time and place of the hearing of the application.
application ^^^ ^° application shall be heard until the expiration of fourteen days after the date of the last publication of the notice. 1939, c. 6, s. 5, amended.
J^°°""5f"is 14, Every applicant shall file with the clerk of the court
to be filed. . • , . , , '^\. . . ,
in^which the application is made, —
(a) the application with the affidavit referred to in sub- section 2 of section 12, in duplicate;
(b) all certificates required under subsection 3 of section
12;
(c) an affidavit as to publication of the notice of ap-
plication;
(d) the appointment for the hearing; and
(e) if the applicant is a British subject by naturalization,
a notarial copy of his naturalization certificate. 1939, c. 6, s. 6; 1940, c. 3, s. 3, amended.
Hearing. 15. — (1) At the hearing the judge may require the appli-
cant, any person whose name may be changed as a result of the application or any other person appearing on the hearing, to give evidence under oath arid may examine or cross- examine any such person or permit any such person to be examined or cross-examined.
Objections. (2) Any person who objects to a change of name and any person who desires to furnish the court with any information regarding the application or any circumstances connected therewith, may appear upon the hearing of the application and shall be heard. 1939, c. 6, s. 7 (1, 2), amended.
RefuBal of application.
16. — (1) Where the judge is of opinion that the name which the applicant seeks to adopt is the same as the name of any other person or resembles the name of any other person to such an extent that the change applied for might reasonably cause mistake or confusion, or be a cause of embarrassment or inconvenience to such person, or that the change of name is sought for any improper purpose or is on any other ground objectionable or that the application should be refused for
86
any other reason, he shall refuse the application. 1939, c. 6,
s. 7 (3).
(2) Where the judge, upon consideration of the application, ojant^^f^of the material filed and any other evidence adduced, is of opinion that the application should be granted, he may make
an order effecting the change of name.
(3) An order made under this section may provide for such ^^^p® "'" changes of names as the court may deem proper having regard
to the nature of the application, the relationship and status of other persons mentioned in the application and all other relevant circumstances and every such order shall have effect according to the tenor thereof. 1939, c. 6, s. 8, amended.
17. The clerk of the court shall enter the order and transmit ^o^py to*^ a certified copy of the order, together with a duplicate original Q^ggraf^' of the application and of the verifying affidavit, to the Registrar-General. 1939, c. 6, s. 9 (1), amended.
18.— (1) The clerk of the court shall send to the appro- Not^i^e^of priate sheriff or court clerk full particulars of the order made etc sent' and of any judgment, pending action, chattel mortgage, lien or clerk, or other registered encumbrance shown upon the application.
(2) Such sheriff or court clerk shall enter and re-index idem, such judgment, pending action, chattel mortgage, lien or other registered encumbrance under the name as changed.
New.
19. Any person may, upon payment of the prescribed ^^e, P|^*^^^*®^ obtain from the clerk of the court in which the order was applicants, made a certificate of any order effecting a change of name,
and such certificate shall for all purposes be conclusive evi- dence of its contents. 1939, c. 6, s. 10, amended.
20. Subject to the provisions of The Vital Statistics ^c/.ff"^!^*""^'^ 1948, without restricting the effect which a change of name ^o^^^ents may have at law, any person whose name has been changed " under this Act shall, upon production of a certificate obtained
under section 19 and upon satisfactory proof of identity, be entitled to have a memorandum of the change of name en- dorsed on any record, certificate, instrument, document, con- tract or writing, whether public or private, upon payment of such fee as may be prescribed therefor by or under any statute. 1939, c. 6, s. 11, amended.
21. — (1) Any person who has reason to believe that any Application order effecting a change of name has been obtained by fraud ment'^'^"'" or misrepresentation or for an improper purpose may apply to a judge of the county or district court in which such order was made for an annulment of the order.
86
8
Affidavit
giving
reasons.
(2) Every application for an annulment shall be accom- panied by an affidavit of the person making the application in which his reasons for believing that such order was ob- tained by fraud or misrepresentation or for any improper purpose shall be set forth.
Hearing of application.
(3) The judge may refuse such application without hearing further representations or evidence or may direct that the person applying for the annulment and any other persons shall be heard at such time and place as the court may deter- mine artd that notice of the hearing shall be given to such persons and in such manner as the court may direct.
Annulment of order.
(4) If the judge is satisfied that the order was obtained by fraud or misrepresentation or for an improper purpose, he may order the annulment of the order in whole or in part. 1939, c. 6, s. 12 (1-4).
Clerk to note annul- ment.
(5) The clerk of the court shall endorse a memorandum of such annulling order upon the entry of the order annulled in whole or in part and shall send a certified copy of the annulling order to the Registrar-General, and where appropriate by reason of the provisions of section 18, to the proper sheriff or clerk of the court who shall amend his records in accordance with the order. 1939, c. 6, s. 12 (5), amended.
Where change of name annulled.
(6) Where a change of name has been annulled, the Regis- trar-General may by order require any person to whom a certificate has been issued under the provisions of section 19, to forthwith deliver up the certificate and any person who refuses or neglects to comply with such order shall be guilty of an offence and liable to a penalty not exceeding $100 and in default of payment to imprisonment for a period not ex- ceeding three months. 1939, c. 6, s. 12 (7), amended.
Fraud or misrepre- sentation.
22.— (1) Any person who by fraud or misrepresentation obtains a change of name under the provisions of this Act shall be guilty of an offence and liable to a penalty not ex- ceeding $500 or to imprisonment for a term not exceeding six months. 1939, c. 6, s. 12 (8).
of^penalty. ^^^ ^^^ penalties imposed by this Act shall be recoverable under The Summary Convictions Ad. 1939, c. 6, s. 12 (9), 0. 136. amended.
Regulations. 23. The Lieutenant-Governor in Council may make regu- lations,—
(a) prescribing forms of applications, affidavits and cer- tificates;
86
(b) prescribing the fees payable upon any application
and upon any certificate, search or other matter re- quired or permitted to be given or done under this Act and to whom such fees shall be payable;
(c) providing for the return of any fee upon an applica-
tion or part of such fee where the application is re- fused; and
(d) generally for the better carrying out of the provisions
of this Act. 1939, c. 6, s. 14.
24. The Change of Name Act, 1939, and The Change o/i|39. c. 6; Name Amendment Act, 1940, are repealed. repealed. '
25. This Act shall come into force on a day to be named by Commence- the Lieutenant-Governor by his Proclamation.
26. This Act mav be cited as The Change of Name .4c/, Short title. 1948.
86
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No. 86
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Change of Name Act, 1948.
Mr. Blackwell
TORONTO Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
No. 86 1948
BILL
The Change of Name Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act,- L"tS!l-
(a) "applicant" means a person applying for a change of "applicant"; name under this Act;
(b) "application" means an application for a change of j.j^P?.'!°*" name under this Act;
(c) "change" means any change by way of alteration, "change";
substitution, addition or abandonment;
(d) "child" includes a child adopted under the provisions ^^^^gj.^^ of The Adoption Act; c. Jis.
(e) "given name" includes Christian name and baptismal ^IJJJqH.
name;
(/) "name" includes given name and surname; "name";
(g) "Registrar-General" means Registrar-General under G^nera*^^'^" The Vital Statistics Act, 1948; and j94g_ ^ oo.
{h) "surname" includes family name and patronymic, "surname". 1939, c. 6, s. 1, amended.
2. — (1) Except in the case of a change of surname by a Compliance
1 • 1 riiii 1 with Act.
woman upon her marriage to that of her husband, or the adoption of her maiden name by a woman upon dissolution of her marriage, and subject to section 12 of The Vital Statis- tics Act, 1948 and section 6 of The Adoption Act, no person Rev. stat., shall change his name except under this Act.
(2) Nothing herein contained shall be deemed to affect any saving. change of name effected under any right which existed at law prior to the 26th day of June, 1939. 1939, c. 6, s. 13, amended.
86
where name changed prior to June 26, 1939.
(3) Any British subject by birth or by naturaHzation of the full age of twenty-one years who effected a change of name in Ontario under any right which existed at law prior to the 26th day of June, 1939, may make an application under this Act to change his name from the name he bore prior to the change to the name he bears as a result of the change, as though the change had not been effected. New.
3. — (1) Every applicant shall be a British subject by birth
Applicant to
be British _ . . .
yearfl°of\^ge '^^ naturalization of the full age of twenty-one years.
Application. (2) Any person except a married woman may make an application. 1939, c. 6, s. 2 (1), amended.
Application 4. — (1) Where a married man applies for a change of his man. surname, he shall also apply for a change of the surnames of
his wife and of all of his or their unmarried infant children.
1939, c. 6, s. 2 (2), amended.
Idem.
(2) A married man may apply for a change of the given names of his wife and any or all of his or their unmarried infant children. New.
by widower ^- — ^^^ Where a widower or widow applies for a change of or widow. surname, he or she shall also apply for a change of the sur- name of all of his or her unmarried infant children. 1939, c. 6, s. 2 (3), amended.
Idem. (2) A widower or widow may apply for a change of the
given name or names of any or all of his or her unmarried infant children. New.
by dVvorced ^- — (1) ^ person whose marriage has been dissolved may Se^aif of" make an application for a change of the name or names of children. any or all of his unmarried infant children of whom he has lawful custody.
Proof required.
(2) An application under this section shall be accompanied by such proof that the marriage has been dissolved and that the applicant has lawful custody of the children named in the application, as the judge may require.
other*"* "'^ (>') ^^ application under this section shall be granted un- parent. iggs the Other parent, if living, of the child or children is
served with notice of the application and consents to the
change of name.
Application (4) Notwithstanding subsection 2 of section 3, a woman
woman who whose marriage has been dissolved and who re-marries may
apph" under this section for a change of the surname of her
child or children to her surname on re-marriage, but no such
86
application shall be granted unless her husband, if living, consents. New.
7. Notwithstanding subsection 2 of section 3, an unmarried APP''°?i!^^°°
, oy motner
mother who marries, or a widowed mother who re-marnes, in certain may make an application, with the consent of her husband, stances. if living, for a change of the surname of her unmarried infant children, not being her husband's children, so that their surname shall be her surname by marriage. New.
8. Notwithstanding subsection 2 of section 3, a married -^pp'^^|*^o° woman who is deserted by her husband may apply for a change wife.
of name, and where she applies for a change of surname she may also apply for a change of the name or names of any or all of her unmarried infant children of whom she has custody, but no such application shall be granted unless her husband is served with notice of the application and consents to the change of name. New.
9. — (1) Where an application includes an application for a Consent of change of the name of the wife of the applicant or of any un- children. married infant children of the age of fourteen years or over, the consent in writing of all of such persons shall be obtained, and all of such persons shall appear upon the hearing of the application, provided that where a wife has, in the opinion of the judge, been living apart from her husband for a period of five years immediately prior to the application, the judge may hear the application in her absence and without her consent, in which case no change of her name shall be effected. 1939, c. 6, s. 2 (4), amended.
(2) Where, on an application, the consent of any person is consent of required under subsection 3 or 4 of section 6, section 7 or or husband, section 8, the consent in writing of all of such persons shall be obtained, and all of such persons shall appear upon the hearing of the application, provided that on an application under section 8 where, in the opinion of the judge, a husband has deserted his wife and is not contributing to the support of his wife or the children on whose behalf the application is made, the judge may hear the application in his absence and without his consent. New.
10. — (1) Every application shall be made to a judge of Application the county or district court of the county or district in which the applicant has resided for a period of one year immediately prior to the making of such application, and shall be heard at such time and place as the judge may appoint in writing. 1939, c. 6, s. 3 (1); 1940, c. 3, s. 1 (1).
(2) Where the judge who has appointed a time and place where judge for the hearing of the application becomes ill or dies or for hear ^p-°
lication.
86
Application where applicant has not resided in county or district for one year.
Judge may authorize.
any other reason is unable to hear the application at the time and place so appointed, the application may be heard by another judge of the same county or district court or by any judge who may for the time being be acting as a judge of such court. 1940, c. 3, s. 1 (2).
11. — (1) Notwithstanding the provisions of subsection 1 of section 10, the applicant may apply to a judge of the county or district court in the county or district in which he resides for authority to make application without having resided in such county or district for a period of one year immediately prior to such application.
(2) The judge shall inquire into the circumstances and if he is satisfied that the applicant would otherwise suffer hardship, he may make an order authorizing the applicant to make application forthwith and such order shall suffice in the stead of the affidavit required by subsection 2 of section 12 in so far as such affidavit refers to residence.
May require additional notice of application to be published.
Particulars of applica- tion.
(3) The judge may in the order require the applicant to publish, in addition to the notice required by subsection 1 of section 13, such additional notice in such counties or districts as he deems necessary, and an affidavit as to publication of such additional notice shall accompany the application for a change of name. New.
12. — (1) Every application shall set forth, —
(a) the address and date and place of birth of the ap- plicant;
(&) where the applicant is a married man, the maiden name in full of his wife, and the date and place of marriage ;
(c) the name in full of his father, and where the applicant is a married man, the name in full of his wife's father;
{d) the maiden name in full of his mother, and where the applicant is a married man, the maiden name in full of his wife's mother;
(c) that he is a British subject by birth or naturalization as the case may be;
(J) his occupation, profession or calling;
ig) whether he has been convicted of a criminal offence and the particulars of any such offence;
86
(h) a statement containing full particulars of any judg- ment or action pending against him, or any chattel mortgage, lien or other registered encumbrance against his personal property, or if none, a statement to that effect;
(i) the name proposed to be adopted;
(J) a statement containing full particulars of any change of name effected previously, or if none, a statement to that effect;
(k) the names, ages and other similar particulars with respect to all other persons whose names may be changed as a result of the application; and
(l) a statement of the reasons for desiring the change of name. 1939, c. 6, s. 4 (1), amended.
(2) Every application shall be accompanied by an afifidavit Application
, tO D0 3.0"*
of th& applicant deposmg, — companied
t^^ t^ ^' by affidavit.
(a) that he has resided in the county or district in which the application is made for a period of not less than one year immediately prior to the making of the application ;
{b) that the statements contained in the application are true; and
(c) that the application is made by the applicant in good faith and for no improper purpose. 1939, c. 6, s. 4 (2); 1940, c. 3, s. 2.
(3) Every application shall be accompanied by, — as^to^^^*®
executions and bank-
(a) a certificate of the sheriff of the county or district in ruptcy. which the application is made, and of every other county or district the judge may direct, as to the existence of any unsatisfied executions in his hands against the property of each person of the full age
of twenty-one years whose name may be changed as a result of the application; and
(b) a certificate of the Registrar in Bankruptcy as to the
appearance in the index book kept pursuant to sub- section 3 of section 28 of the Bankruptcy Act (Can-^fj^* ada) of the name of each person of the full age of twenty-one years whose name may be changed as a ^
result of the application. New.
86
Notice of application.
Time of application.
13. — (1) Every applicant shall publish once in the Ontario Gazette and once a week for three consecutive weeks in a newspaper having general circulation in the locality in which he resides, a notice of the application stating the name and address and proposed name of every person whose name may be changed as a result of the application, and the time and place of the hearing of the application.
(2) No application shall be heard until the expiration of fourteen days after the date of the last publication of the notice. 1939, c. 6, s. 5, amended.
poouraents 14. Every applicant shall file with the clerk of the court in which the application is made, —
(a) the application with the affidavit referred to in sub- section 2 of section 12, in duplicate;
(6) all certificates required under subsection 3 of section 12;
(c) an affidavit as to publication of the notice of ap- plication ;
{d) the appointment for the hearing; and
(e) if the applicant is a British subject by naturalization, a notarial copy of his naturalization certificate. 1939, c. 6, s. 6; 1940, c. 3, s. 3, amended.
Hearing. 15. — (1) At the hearing the judge may require the appli-
cant, any person whose name may be changed as a result of the application or any other person appearing on the hearing, to give evidence under oath and may examine or cross- examine any such person or permit any such person to be examined or cross-examined.
Objections. (2) Any person who objects to a change of name and any person who desires to furnish the court with any information regarding the application or any circumstances connected therewith, may apF>ear upon the hearing of the application and shall be heard. 1939, c. 6, s. 7 (1, 2), amended.
Refusal of application.
16. — (1) Where the judge is of opinion that the name which the applicant seeks to adopt is the same as the name of any other person or resembles the name of any other person to such an extent that the change applied for might reasonably cause mistake or confusion, or be a cause of embarrassment or inconvenience to such person, or that the change of name is sought for any improper purpose or is on any other ground objectionable or that the application should be refused for
86
any other reason, he shall refuse the application. 1939, c. 6,
s. 7 (3).
(2) Where the judge, upon consideration of the application, Jp'"p"*a'tfon' the material filed and any other evidence adduced, is of opinion that the application should be granted, he may make
an order effecting the change of name.
(3) An order made under this section may provide for such orden °^ changes of names as the court may deem proper having regard
to the nature of the application, the relationship and status of other persons mentioned in the application and all other relevant circumstances and every such order shall have effect according to the tenor thereof. 1939, c. 6, s. 8, amended.
17. The clerk of the court shall enter the order and transmit ^o®py to*^ a certified copy of the order, together with a duplicate original Q^^^^r^f '"' of the application and of the verifying affidavit, to the Registrar-General. 1939, c. 6, s. 9 (1), amended.
18. — (1) The clerk of the court shall send to the appro- Notice of
. . . - , judgment,
priate sheriff or court clerk full particulars of the order made etc.. sent
and of any judgment, pending action, chattel mortgage, lien or clerk.
or other registered encumbrance shown upon the application.
(2) Such sheriff or court clerk shall enter and re-index idem, such judgment, pending action, chattel mortgage, lien or other registered encumbrance under the name as changed.
New.
19. Any person may, upon payment of the prescribed fee, j^gue'd °o*^^ obtain from the clerk of the court in which the order was applicants. made a certificate of any order effecting a change of name,
and such certificate shall for all purposes be conclusive evi- dence of its contents. 1939, c. 6, s. 10, amended.
20. Subject to the provisions of The Vital Statistics ^c/, ^^^^*^*""°'' 1948, without restricting the effect which a change of name may have at law, any person whose name has been changed under this Act shall, upon production of a certificate obtained under section 19 and upon satisfactory proof of identity, be entitled to have a memorandum of the change of name en- dorsed on any record, certificate, instrument, document, con- tract or writing, whether public or private, upon payment of
such fee as may be prescribed therefor by or under any statute. 1939, c. 6, s. 11, amended.
21. — (1) Any person who has reason to believe that any Application order effecting a change of name has been obtained by fraud ment'!°"^" or misrepresentation or for an improper purpose may apply to a judge of the county or district court in which such order was made for an annulment of the order.
86
ew name in documents.
1948, c. 000.
8
Affidavit
giving
reasons.
(2) Every application for an annulment shall be accom- panied by an affidavit of the person making the application in which his reasons for believing that such order was ob- tained by fraud or misrepresentation or for any improper purpose shall be set forth.
Hearing applloat!
ion.
Annulment of order.
(3) The judge may refuse such application without hearing further representations or evidence or may .direct that the person applying for the annulment and any other persons shall be heard at such time and place as the court may deter- mine and that notice of the hearing shall be given to such persons and in such manner as the court may direct.
(4) If the judge is satisfied that the order was obtained by fraud or misrepresentation or for an improper purpose, he may order the annulment of the order in whole or in part. 1939, c. 6, s. 12 (1-4).
Clerk to note annul- ment.
(5) The clerk of the court shall endorse a memorandum of such annulling order upon the entry of the order annulled in whole or in part and shall send a certified copy of the annulling order to the Registrar-General, and where appropriate by reason of the provisions of section 18, to the proper sheriff or clerk of the court who shall amend his records in accordance with the order. 1939, c. 6, s. 12 (5), amended.
Where change of name annulled.
(6) Where a change of name has been annulled, the Regis- trar-General may by order require any person to whom a certificate has been issued under the provisions of section 19, to forthwith deliver up the certificate and any person who refuses or neglects to comply with such order shall be guilty of an offence and liable to a penalty not exceeding $100 and in default of payment to imprisonment for a period not ex- ceeding three months. 1939, c. 6, s. 12 (7), amended.
Fraud or misrepre- sentation.
22. — (1) Any person who by fraud or misrepresentation obtains a change of name under the provisions of this Act shall be guilty of an offence and liable to a penalty not ex- ceeding S500 or to imprisonment for a term not exceeding six months. 1939, c. 6, s. 12 (8).
of^penalty ^^^ '^^^ penalties imposed by this Act shall be recoverable
_ -,^ ^ under The Summary Convictions Act. 1939, c. 6, s. 12 (9),
Rev. otat.. _ _
c. 136. amended.
Regulations. 23. The Lieutenant-Governor in Council may make regu- lations,—
(a) prescribing forms of applications, affidavits and cer- tificates;
86
(b) prescribing the fees payable upon any application
and upon any certificate, search or other matter re- quired or permitted to be given or done under this Act and to whom such fees shall be payable;
(c) providing for the return of any fee upon an applica-
tion or part of such fee where the application is re- fused; and
(id) generally for the better carrying out of the provisions of this Act. 1939, c. 6, s. 14.
24. The Change of Name Act, 1939, and The Change o/l|^^'°-| = Name Amendment Act, 1940, are repealed. repealed. '
25. This Act shall come into force on a day to be named by Commence- the Lieutenant-Governor by his Proclamation.
26. This Act may be cited as The Change of Name .(4c/, Short title. 1948.
86
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No. 87
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Public Vehicle Act.
Mr. Doucett
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most RxrFT.T.FNT Matfstv
Explanatory Notes
Section 1. These amendments exclude taxicabs, as defined, from the operation of the Act.
Section 2. Subsection 1 of section 4 now reads:
(1) Subject to the provisions of subsection 2, a p)erson holding a license or permit under the provisions of this Act may operate his vehicle in and through any municipality covered by such license or permit without holding a license under the provisions of any by-law of any such municipality except where he takes on pas- sengers or express freight within the limits of a municipality and discharges such passengers or express freight within the limits of that municipality.
The provision for requiring a licensee or permittee under the Act to hold a municipal license is limited ^ly the amendment to an urban muni- cipality.
87
Xo. 87 1948
BILL
An Act to amend The Public Vehicle Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1.— (1) Clause c of section 1 of The Public Vehicle Actf^28^^^&^i, is amended by inserting after the word "rails" in the seventh ^j;^^',^^^^ line the word "taxicabs," so that the said clause shall now^ read as follows:
"Public
(c) "Public vehicle" shall mean any motor vehicle vehicle", operated on a highway by, for, or on behalf of any person who receives compensation either directly or indirectly for the transportation of passengers, or passengers and express freight which might be carried in a passenger vehicle, but shall not include the cars of electric or steam railways running only upon rails, taxicabs, nor motor vehicles operated solely within the corporate limits of one urban municipality.
(2) The said section 1 is further amended by adding thereto Rex- st^t
the followmg clause: amended.
{cc) "Taxicab" shall mean a motor vehicle as defined in "Taxicab". The Highway Traffic Act, having a seating capacity ^^e^. Stat., of not more than six persons, exclusive of the driver, hired for one specific trip for the transportation exclusively of one person or group of persons, one fare or charge onl}' being collected or made for the trip.
2. Subsection 1 of section 4 of The Pi blic Vehicle Act^^2ii'^^^'^ is repealed and the following substituted therefor: ^n'^^^t^i'^^
(1) Subject to subsections la and 2, a person holding a Municipal
.. -i J ^u* A .1. ^ L- license and
license or permit under this Act may operate his fares, — when vehicle in and through any municipality covered by "bL?^^^'^' such license or permit without holding a license or
87
complying with the rates or fares prescribed under any by-law of any such municipality.
when (Ifl) Where such a person takes on passengers or express
freight within the limits of an urban municipality and discharges such passengers or express freight within the limits of that municipality, he may be required to obtain a license under a by-law of that municipality and shall, as to such passengers and express freight, comply with any tariff of fares or rates established by by-law of that municipality.
menVoTAct ^' ^^'^ ^^^ shaU come into force on the day upon which it receives the Royal Assent.
Short title. 4. 'j'j^jg ^j,^. p^^^y ^ cited as The Public Vehicle Amendment Act, 1948.
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No. 87
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Public Vehicle Act.
Mr. Doucett
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
i\o. 87 • 1948
BILL
An Act to amend The Public Vehicle Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1.— (1) Clause c of section 1 of The Public Vehicle Act'^^:,^,^}'^^^ is amended by inserting after the word "rails" in the seventh ^'jj^^-j^^jg^j line the word "taxicabs," so that the said clause shall now read as follows:
(c) "Public vehicle" shall mean any motor vehicle vehicle" operated on a highway by, for, or on behalf of any person who receives compensation either directly or indirectly for the transportation of passengers, or passengers and express freight which might be carried in a passenger vehicle, but shall not include the cars of electric or steam railways running only upon rails, taxicabs, nor motor vehicles operated solely within the corporate limits of one urban municipality.
(2) The said section 1 is further amended b\ adding thereto ^^„^-„'^*^*'
' c 289 fl 1
the following clause: amended.
(tr) "Taxicab" shall mean a motor vehicle as defined in "Taxicab". The Highway Traffic Act, having a seating capacity Rev stat., of not more than six persons, exclusive of the driver, hired for one specific trip for the transportation exclusively of one person or group of persons, one fare or charge only being collected or made for the trip.
3. Subsection 1 of section 4 of The Public Vehicle ^^/J^^g/^fV is repealed and the following substituted therefor: subs i re-'
^ enacted.
(1) Subject to subsections la and 2. a person holding a ?viunicipai license or permit under this Act may operate hisia^^e^^— ^."i^en vehicle in and through any municipality covered b\abie!'^'^'^°" such license or permit without holding a license or
87
complying with the rates or fares prescribed under any by-law of an>' such niimici|)alit\'.
when applioublo.
(la) Where such a person takes on passengers or express freight within the limits of an urban municipality and discharges such passengers or express freight within the limits of that municipality, he may be required to obtain a license under a by-law of that municipality and shall, as to such passengers and express freight, comply with any tariff of fares or rates established by by-law of that municipality.
c
me
ient"o^f"A*ct ^' ''"^is Act shall come into force on the day upon which it receives the Royal Assent.
Short title. 4 yj^jg ^^^ j^^y j^g cited as The Public Vehicle Amendment Act, 1948.
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No. 88
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Surveys Act.
Mr. Scott
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
The subsection as re-enacted is designed to be more practical than the present provision which in some situations cannot be complied with. It also provides that survey monuments shall be placed so that their tops are flush with the ground level in order that there may be less opportunity of disturbing them.
88
No. 88 . 1948
BILL
An Act to amend The Surveys Act.
HIS MAJESTY, b}' and with the advice and consent of the Legislative i\ssembly of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 13 of The Surveys Act, as amended ^^32^*8^*13 by section 1 of The Surveys Amendment Act, 1941, is repealed subs, i, re- ' and the following substituted therefor:
(1) Every angle of the exterior boundary of a subdivision on^sub^^'^*^ plan of any area of land prepared for the purpose of division registration under The Registry Act or The Land Titles Act shall be defined in the survey thereof by a cc. 170, 174. monument made of, —
(a) stone or reinforced concrete five inches square at the top, eight inches square at the base and not less than three feet, six inches in length, planted so that the top is flush with the ground level; or
{h) iron in the form of a bar one inch square and four feet long driven into the ground so that the top is flush with the ground level; or
(c) in the case of exposed solid rock, iron in the form of a bolt one inch square and four inches long cemented or leaded into the rock so that the top is flush with the rock level,
provided that where the nature of the location is Proviso, such that it is impracticable to fully comply with this subsection, the monument shall be so erected and fixed and of such a type as will represent substantial compliance therewith.
2. This Act mav be cited as The Surveys Amendment ylc/, short title. 1948.
88
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No. 88
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Surveys Act.
Mr. Scott
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 88 1948
BILL
An Act to amend The Surveys Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 13 of The Surveys Act, as amended ?'®7Qo^*^*i'o by section 1 of The Surveys Amendment Act, 1941, is repealed subs, i, re- and the following substituted therefor:
(1) Every angle of the exterior boundary of a subdivision ^°g'|j"bl'®°*^ plan of any area of land prepared for the purpose of division registration under The Registry Act or The Land Titles Act shall be defined in the survey thereof by a cc. iVo, 174. monument made of, —
{a) stone or reinforced concrete five inches square at the top, eight inches square at the base and not less than three feet, six inches in length, planted so that the top is flush with the ground level; or
{b) iron in the form of a bar one inch square and four feet long driven into the ground so that the top is flush with the ground level; or
(c) in the case of exposed solid rock, iron in the form of a bolt one inch square and four inches long cemented or leaded into the rock so that the top is flush with the rock level,
provided that where the nature of the location is Proviso, such that it is impracticable to fully comply with this subsection, the monument shall be so erected and fixed and of such a type as will represent substantial compliance therewith.
2. This Act may be cited as The Surveys Amendment Act. short title. 1948.
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No. 89
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Workmen's Compensation Act.
Mr. Begin
TORONTO
Printed and Published by Baptist Johnston Printer^to the King's Most Excellent Majesty
No. 89 1948
BILL
An Act to amend The Workmen's Compensation
Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause a of subsection 1 of section 2 of The Workmen^ s^^^^^^^^^ Compensation Act is amended by striking out the word "seven" subs, i, ci. o, in the second line and inserting in lieu thereof the word "three", so that the said clause shall now read as follows:
(a) does not disable the workman for the period of at Exceptions, least three days from earning full wages at the work at which he was employed; or
2. Sections 38 and 39 and subsections 1 and 4 of section 40 Rev. stat., of The Workmen's Compensation Act, as re-enacted byss.^38,'39; section 2 of The Workmen's Compensation Amendment Act,^.^^^ -^4^ 1942, are amended by striking out the words "sixty-six and ^■^4*^3 2) two-thirds" where they occur in the third lines of sections 38 amended, and 39 respectively, in the ninth line of subsection 1 of sec- tion 40, and in the eighth and ninth lines of subsection 4 of section 40, and inserting in lieu thereof the word "seventy- five", so that the said sections and subsections shall now read as follows:
38. Where temporary total disability results from thecompensa- injury, the compensation shall be a weekly payment ci°se of
of seventy-five per centum of the workman's average ^^^^^^^^^ weekly earnings during the previous twelve months ^^isabiiity. if he has been so long employed, but if not then for any less period during which he has been in the em- ploy of his employer, and shall be payable so long as the disability lasts.
39. Where temporary partial disability results from the Temporary injury, the compensation shall be a weekly payment dfsabHity.
89
Permanent disability.
of seventy-five per centum of the diflference between the average weekly earnings of the workman before the accident and the average amount which he is earning or is able to earn in some suitable employ- ment or business after the accident, and shall be payable so long as the disability lasts, and subsection 3 of section 40 shall apply.
40. — (1) Where permanent disability results from the injury, the impairment of earning capacity of the workman shall be estimated from the nature and degree of the injury and the compensation shall be a weekly or other periodical payment during the life- time of the workman, or such other period as the Board may fix, of a sum proportionate to such impairment not exceeding in any case the like pro- portion of seventy-five per centum of his average weekly earnings ascertained in the manner provided by section 38 and shall be payable notwithstanding clause a of subsection 1 of section 2.
Compensa- tion for permanent disability.
Short title.
(4) Where the Board deems it more equitable, the Board may award compensation for permanent disability having regard to the difference between the average weekly earnings of the workman before the accident and the average amount which he is earning or is able to earn in some suitable occupation after the accident, and the compensation may be a weekly or other periodical payment of seventy-five per centum of such difference, and regard shall be had to the workman's fitness to continue in the employ- ment in which he was injured or to adapt himself to some other suitable occupation.
3. This Act may be cited as The Worhnen's Compensation Amendment Act, 1948.
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No. 90
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Municipal Act.
Mr. Dunbar
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes Section 1 — Subsection 1. Self-explanatory.
Subsection 2. The present subsection 4 of section 44c provides that the board of trustees of an improvement district shall function as such local boards as may be designated by the Municipal Board, and that it shall be augmented by the persons that may be appointed or elected to the particular board by statute. Now the board of trustees will function as each local board without further additions.
Section 2. Self-explanatory,
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No. 90 1948
BILL
An Act to amend The Municipal Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Section 44c of The Municipal Act, as re-enacted by Rev. stat., subsection 1 of section 3 of The Municipal Amendment Act,\\^^^.^' ^; qq^ 1947, is amended by adding thereto the following subsection rl^^^g^^^g^'
(la) Where, in an improvement district, a high school provlg/on district is established and a separate school is main- re trustees. tained, one of the trustees appointed under subsection 1 shall be a separate school supporter.
Rev. Stat.,
(2) Subsection 4 of the said section 44c is repealed and the subs. 4 ' following substituted therefor: s.^d)'). '
re-enacted.
(4) The board, with respect to the improvement district, ^e^e^i^e^i shall function as every local board, except a separate *« be local school board, within the meaning of The Department new. stat., of Municipal Affairs Act.
2. — (1) Clause / of subsection 1 of section 53 of ^^^^^66^***53 Municipal Act is amended by striking out the words "ansubs. i, ci./| electric railway, street railway or steam railway" in the fourth line and inserting in lieu thereof the words "a transportation system", so that the said clause shall now read as follows:
(J) a person other than the head of the council who is a member of a board or commission appointed or elected for the construction, management or control of a transportation system which is owned by, or leased to, or controlled by a municipal corporation, or by trustees, or by any board or commission acting for or on behalf of such corporation, and this clause shall have effect notwithstanding the provisions of any general or special Act or any by-law of a muni- cipal corporation.
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^Y66?8**53. (2) Subsection 6 of the said section 53 is amended by
am^^nd'ci Striking out the words "an electric railway, street railway or
steam railway" in the fourth and fifth lines and inserting in
lieu thereof the words "a transportation system", so that the
said subsection shall now read as follows:
Appoint- ments to two commissionK, etc.
Rev. Stat., oc. 62, 286.
(6) Notwithstanding the provisions of clause / of sub- section 1 and of section 37 of The Public Utilities Act, a member of a board or commission appointed or elected for the construction, management or control of a transportation system mentioned in said clause/ may be appointed or elected and be entitled to sit and vote as a member of a commission established under The Power Commission Act, The Public Utilities Act or any special Act for the management and control of a public utility.
Rev. Stat.
c. 266. 8. 65,
subs. 1
(1947.
C. 69, 8. 9).
amended.
Power to fix nomination and polling days.
3. Subsection 1 of section 65 of The Municipal Act, as re-enacted by section 9 of The Municipal Amendment Act, 1947, is amended by striking out the figure and letters "1st" in the eighth line and inserting in lieu thereof the figure and letters "2nd", so that the said subsection shall now read as follows:
(1) The council may, not later in the year than the 1st day of November, fix the day for the meeting of electors for the nomination of candidates for council and for any local board or commission any members of which are to be elected by ballot by the electors and the day for the polling, provided that the days so fixed occur during the period from the 15th day of November to the 2nd da\ of January both inclu- sive, and are other than a Sunday or the 24th, 25th or 31st days of December, and that the day fixed for nominations is not less than seven days prior to the day fixed for polling, and the by-law shall remain in force from year to year until repealed.
?Y66^P^i7i ^' — ^^^ Subsection 2 of section 171 of The Municipal Act «!ubs. 2." 'is amended by striking out the figures "76" in the fifth line
and inserting in lieu thereof the figures "65", so that the said
subsection shall now read as follows:
In office of mayor, reeve and deputy reeve in towns and villages.
(2) Where the office of mayor, reeve or deput>- reeve of a town or of reeve or deputy reeve of a village or township becomes vacant after the 1st day of November in any year or after the 1st day of October where a by-law has been passed under section 65, and an election to fill the vacancy has not been ordered in a judicial proceeding, the council may elect one of its number to fill the office for the remainder of the term.
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Section 3. The last'day that a by-law under this subsection may authorize for the election is advanced from the 1st day of January to the 2nd day of January.
Section 4. Section 65 of The Municipal Act now covers the matters formerly dealt^with in section 76.
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Section 5. This amendment is complementary to the amendments in section 17 and 18 of The Municipal Amendment Act, 1947, where all other references to the "master in chambers" were changed to read "master".
Section 6. The provisions in the Act authorizing municipal income tax were repealed by The Municipal Amendment Act, 1947.
Section 7. As subsection 4 of section 305 was repealed in 1946, this amendment brings subsection 6 up to date.
Section 8. The repealed clause provided in effect that a by-law passed for borrowing money for the purchase of fire-fighting equipment need not be assented to by the electors. Paragraph 30o of section 405, which was enacted in The Municipal Amendment Act, 1947, specifically makes this provision, and the repealed clause no longer serves any purpose.
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(2) Subsection 3 of the said section 171 is amended byRev. stat., striking out the figures "76" in the third Hne and inserting in amended. ' lieu thereof the figures "65", so that the said subsection shall now read as follows:
(3) Where a vacancy occurs in the oflfice of councillor when
ri/-jrxT 1- r^ vacancy
after the first day of iNovember in any year or after need not be the 1st day of October where a by-law has been passed under section 65 and an election has not been ordered in a judicial proceeding, it shall not be necessary that the vacancy be filled if the council so directs.
5. Section 190 of The Municipal Act is amended by striking Revst^t out the words "in chambers" in the first line, so that the said amended, section shall now read as follows:
190. The judge or master forthwith after rendering his Judgment decision shall return the same with all things had turned^to before him touching the proceeding, to the proper ^^^^6^/ officer of the court, there to remain of record as a^^^''"'"*- judgment of the court, and the judgment may be enforced for the costs awarded by execution and in other respects in the same manner as an order of mandamus.
6. Subsection 2 of section 304 of The Municipal Act is Rev. stat.,
1,1 -1 • ^ ^1 J i<- iM • 1 c. 266, s. 304,
amended by strikmg out the words mcome and m the subs. 2, fourth line, so that the said subsection shall now read as follows : ^ ®
(2) "Rateable property" when used in this Act or in any "Rateable by-law heretofore or hereafter passed which directs the levying of a rate on the rateable property in the municipality or any part of it, shall include business „ „. . assessment as defined by The Assessment Act. c. 272.
7. Subsection 6 of section 305 of The Municipal Act is Rev. stat., amended by striking out the words and figures "subsections siibs. 6.'
4 and 5" in the first line and inserting in lieu thereof the word and figure "subsection 5", so that the said subsection shall now read as follows:
(6) In the cases provided for bv subsection 5, the by-law Amount to shall provide for raising in each year in which an annually, instalment becomes due by a special rate on all the rateable property in the municipality, a specific sum sufficient to pay it when and as it becomes due.
8. Clause i of subsection 3 of section 307 of The Municipal Rev. stat..
A ^ • 1 1 ^ c. 266, s. 307,
./4a IS repealed. subs, a, ci. »,
repealed.
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Rev. Stat.. c. 266. s. 316,
RUbR. 2 (1944.
c. 39. 8. 25), 1944, is amended by striking out the words
amended. m i i i • i .i • i
available during the current year in the second and third lines,
9. Subsection 2 of section 316 of The Municipal Act, as re-enacted by section 25 of The Municipal Amendment Act,
'which will be
and by adding thereto the following clause:
"Surplus" defined.
(a) In this subsection "surplus" shall mean cash on hand or in the bank less current accounts payable, as certified by the municipal auditor.
so that the said subsection shall now read as follows:
Allowances to be made in estimates.
(2) In prepaiing the estimates the council shall make due allowance for a surplus of any previous year and shall provide for any operating deficit of any previous year and for the cost of collection, abatement of and discount on taxes and uncollectable taxes and may provide for taxes which it is estimated will not be collected during the year.'
"Surplus" defined.
Rev. Stat., c. 266. ss. 360. 361, repealed.
Rev. Stat.. c. 266. 8. 388, subs. 1, amended.
{a) In this subsection "surplus" shall mean cash on hand or in the bank less current accounts payable, as certified by the municipal auditor.
10. Sections 360 and 361 of The Municipal Act are repealed.
11, — (1) Subsection 1 of section 388 of The Municipal Act is amended by striking out all the words after the word "apart- ments" in the second line, so that the said subsection shall now read as follows:
Custody of gaols.
(1) The sheriff shall have the care of the county gaol, gaol offices and yard and gaoler's apartments.
Rev. Stat., (2) Subsection 2 of the said section 388 is repealed and the subs. 2, re- ' following substituted therefor:
enacted.
Appointment of gaoler, etc.
(2) The Lieutenant-Governor in Council may appoint the gaoler, gaol surgeon and other gaol employees, and fix their salaries which shall be paid by the county or city, as the case may be.
Sick leave credits.
1947, c. 89.
(3) The county or city shall establish the same system of credits and payments for regular attendance of the gaoler and gaol employees, as is provided for in the regulations under The Public Service Act, 1947.
Workmen's compensa- tion.
Rev. Stat., c. 204.
(4) For the purposes of The Workmen's Compensation Act, every gaoler and gaol employee shall be deemed to be an employee of the county or city as the case may be.
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Section 9. This amendment requires the municipal council, in preparing its estimates, to consider only the cash surplus at the end of the preceding year, instead of taking into account expected revenue during the current year arising from the operations of the previous year.
Section 10. These sections, under which certain members of muni- cipal councils are ex officio justices of the peace, are repealed. Hereafter these members will be commissioners for taking affidavits. See section 1 of Bill No. 72.
Section 11. The effect of these amendments is that the appointments of gaolers, gaol surgeons and gaol officers are no longer made by the sheriff, but are made by the Lieutenant-Governor in Council. A system of sick leave credits is required to be established and the gaol officers and em- ployees, except the gaol surgeon, are deemed employees of the municipality for workmen's compensation purposes. These amendments are supple- mented by section 5 of The Public Service Amendment Act, 1948 (Bill No. 78), which deals with superannuation of these persons.
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Section 12 — Subsection 1. The present paragraph reads as follows: 1. For aiding amateur athletic or aquatic sports.
Subsection 2. This amendment makes it clear that a municipality may spend money or grant money for carr\ing on a programme of recrea- tion provided for in the regulations under The Department oj Education Act.
Section 13. These new paragraphs give to cities, towns, villages and townships powers formerly given to cities, towns and villages under section 407, and to towns, villages and townships under section 423. This amend- ment merely consolidates powers already existing so that they appear in one section instead of two sections. (See sections 14 and 17 of this Bill.) The only new principle involved is the addition of clause a of paragraph 47 J which authorizes the so-called "parking tag" procedures, which have proved beneficial to all concerned in the municipalities that have established them. To date no authority for their use has existed. The procedures will form part of the general traffic by-law and therefore must be approved by the Department of Highways.
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(5) F'or the purposes of subsections 3 and 4, a gaol surgeon g'^ggon-. shall be deemed not to be a gaol employee.
12. — (1) Paragraph 1 of section 404 of The Municipal '^^y-„^^°-^--,
. . c. 266 s. 404,
Act is repealed and the following substituted therefor: para, i,
re-enacted.
1. For aiding athletic or aquatic sports, and for making ^p*^'"*"- grants or gifts to persons in recognition of outstanding achievements in athletics, aquatic or other games or contests.
(2) Paragraph 2a of the said section 404, as enacted by ^®26(>^*'' 4A4 subsection 1 of section 48 of The Municipal Amendment Act, para. 'za
• (1946 c 60
1946, is repealed and the following substituted therefor: .s. 48 U) ). '
re-enacted.
2a. For carrying on an\' community or joint community Community , ". .,.', . ^ , ■' programmes.
programme ot recreation withm the meanmg or the
regulations under The Department of Education -4c/, Rev. stat.,
and for expending m<
aid for such purposes.
and for expending money or for granting money in ^'
13. Section 405 of The Municipal Act is amended by adding ^ge.' p^*405. thereto the following paragraphs: amended.
Firemen, etc.
306. For appointing fire wardens, fire engineers and Estabiish- firemen and for promoting, establishing, and regu- companies, lating fire, hook-and-ladder, and property saving^ '^' companies.
Pits and Quarries.
39b. For prohibiting the making of pits and quarries in Pits and the municipalit>' or regulating the location of them, ^"'^'^'^^®^' provided that the making or locating of a pit or quarry in contravention of the by-law in addition to any other remedy may be restrained by action ai the instance of the corporation.
Stables, etc.
44a. For regulating the location, erection and use of ^t°'hies°" °^ stables, garages, barns, outhouses and manure pits, parages, etc.
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Naming and Surveying Streets.
Marking the boundaries of and naming BtreetB, etc.
Proceedings for changing names of streets.
47c. To provide for surveying, settling and marking the boundary lines of highwa>s and giving names to them or changing their names, and for affixing the names at the corners thereof, on public or private property.
(a) A by-law for changing the name of a highway shall not have any force or effect unless passed by a vote of at least three-fourths of all the members of the council, or until a copy of it certified under the hand of the clerk and the seal of the corporation has been registered in the registry office of the proper registry division.
Regulating traffic. Rev. Stat.. c. 288.
{b) A by-law for changing the name of a highway in a city or town shall state the reason for the change, and shall not be finally passed until it has been approved by a judge of the county or district court of the county or district in which the municipality is situate.
(r) The judge, on the application of the council, shall appoint a day, hour and place for con- sidering the by-law, and for hearing those advocating and opposing the change.
{d) A copy of the by-law and of the appointment shall be served on the registrar of the registry division in which the municipality is situate at least two weeks before the time appointed, and a notice of the application in such form as the judge may approve shall be published once in the Ontario Gazette at least two weeks before the time so appointed, and at least once a week for four successive weeks in such other newspaper or newspapers as the judge may direct.
(e) If the judge approves of the change he shall so certify and his certificate shall be registered with the by-law, and the change shall take effect from the date of the registration.
Traffic on Highways, etc., Driving of Cattle, etc.
Aid. Subject to the provisions of The Highway Traffic Act for regulating traffic on the highways, and for pro- hibiting heavy traffic as defined in the by-law and
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ScETlON 14 — Subsection 1. This amendment broadens the powers of urban municipalities to regulate, control and inspect heating plants and equipment.
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the use of traction engines and the driving of cattle, sheep, pigs and other animals during the whole or any part of the day or night in certain highways and public places named in the by-law, and for prohibiting traffic in any but one direction in highways which in the opinion of the council are too narrow for the passing of one vehicle by another or in which in the opinion of the council, it is desirable that traffic should be limited to one direction.
(a) A by-law under this paragraph may provide a Expeditious procedure tor the voluntary payment of authorized penalties out of court in cases where it is offences.'"^ alleged that the parking provisions of the by-law have been contravened, and if payment is not made in accordance with the procedure subsection 2 of section 521 shall apply.
47e. For setting aside and designating in a suitable Safety zones visible manner, on any highway upon which street cars or buses are operated, any part or parts as a "safety zone" and for prohibiting motor or other vehicles from driving over or upon any such safety zone while any pedestrian is thereon or about to enter thereon.
Children Riding behind Vehicles.
63a. For prohibiting children from riding on the plat- Prohibiting ^ ° or- children from
forms of cars, or riding behind or getting on waggons, riding behind sleighs or other vehicles while in motion, a preventing accidents arising from such causes
Sidewalks — Horses a fid Cattle upon.
63b. For prohibiting the leading, riding or driving of Driving, horses or cattle proper therefor.
horses or cattle upon sidewalks or in other places not sidewalks.
14. — (1) Paragraph 3 of section 407 of The Municipal Act, as ^®2^'6^s^467 amended by section 8 of The Municipal Amendment Act, 1938, p^*"^; ^; ^^- is repealed and the following substituted theiefor:
3. For regulating, controlling and inspecting all hot air, etc^"of*'°" hot water and steam heating plants and equipment, pfant"and or any classes thereof, and the installation thereof ;®<i"^p"^®'^*- and for requiring the production of plans of all installations of such plant and equipment and altera- tions or additions thereto, and for charging fees for
90
8
the inspection and approval of such plans, and fixing the amount of the fees; and for the issuing of a permit certifying to such approval and for requiring that without such permit no such plant and equipment may be installed, altered or added to.
S^eef 8^407. (2) Paragraphs 10, 15, 39, 42, 44, 46, and paragraphs 47 and at'^tl' 44* 46' '^^ ^^ amended by subsections 3 and 4 respectively of section
4?! 48. re- ' 51 of The Municipal Amendment Act, 1946, of the said section pealed. .„- , , ^
407 are repealed.
(3) The said section 407 is further amended by adding c^ 26'6?8^467. thereto the following paragraph :
amended.
Strayed Pigeons.
pigeons. 53. For empowering officers of the municipality, upon
the complaint of the owner or occupant of any premises, to enter upon such premises and the land and buildings in the vicinity thereof, for the purpose of trapping, removing or exterminating strayed pigeons which are causing annoyance to the owner or occupant or damages to such premises.
c^266f8*468 ■^^- Clause b of paragraph 6 of section 408 of The Municipal ffgfe^' *^'' * "^^^^ '^^ re-enacted by section 52 of The Municipal Amendment c. eo.'s. 52), Act, 1946, is amended by inserting after the word "and" in amended. i_ • , ,• , , k , i V • i ..
the Sixth line the words the by-law may require that , so
that the said clause shall now read as follows:
^'owlng (^) ^ by-law passed under this paragraph may require
we'Kh<^_, coal and other fuel dealers to make out a ticket
required. , . , . , ... , ,
showing the weight or quantity of the coal or other
fuel purchased after the same is weighed or measured
in accordance with the by-law, and the by-law may
require that the amount so specified and the ticket
shall be delivered to the purchaser.
?26"6f 8^420, 16.— (1) Paragraph 14 of section 420 of The Municipal amended. •^^^' ^^ amended by subsection 3 of section 15 of The Municipal Amendment Act, 1941, is further amended by inserting after the word "licenses" in the second line the words "and for revoking such licenses", and by adding at the end of clause a the words "or for washing or cleaning motor vehicles", so that the said paragraph shall now read as follows:
Public 14. For licensing and regulating the owners of public
licensing. garages, and for fixing the fees for such licenses, and
for revoking such licenses, and for imposing penalties for breaches of such by-law and for the collection thereof.
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etc.
Subsection 2. The powers given to cities, towns and villages under the repealed paragraphs are also given to towns, villages and townships under paragraphs 7, 9, 10, 10a, 11, 12, 13 and 13a of section 423. These powers are now covered by the addition of paragraphs 63a, 30b, 47c, 39b, 63b, 44a, 47</ and 47e to section 405 which is applicable to local munici- palities, i.e., cities, towns, villages and townships. (See section 13 of this Bill.)
Subsection 3. This new paragraph gives urban municipalities power to deal with nuisance caused by strayed pigeons.
Section 15. This amendment permits the by-law to require that the specified amount of fuel and the ticket showing the amount shall be delivered to the purchaser. Thus failure to do these things will be an offence against the by-law and not an oflFence against the Act as is now provided.
Section 16 — Subsection 1. This amendment empowers the councils of cities to revoke a public garage license, and the definition of "public garage" is widened to include car-washing establishments.
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Subsection 2. bath premises.
This new paragraph gives to cities control over public
Section 1 7 — Subsection 1 . The powers given to towns, villages and townships under the repealed paragraphs are also given to cities, towns and villages under paragraphs 10, 15, 39, 42, 44, 46, 47 and 48 of section 407. These powers will now be covered by the addition of paragraphs 63a, 30b, 47c, 39ft, 63b, 44a, 47d and 47c, respectively, to section 405, which is applicable to local municipalities, i.e., cities, towns, villages and town- ships. (See section 13 of this Bill.)
Subsection 2. Paragraph 4 of section 414 was repealed by The Muni- cipal Amendment Act, 1947, and the power to deal with lodging houses was given to all local municipalities by paragraph 40a of section 405.
Section 18. The words repealed are "not being contrary to the limi- tations prescribed by subsection 8 of section 409". That subsection was repealed in 1947, and there is no longer any limitation on such fees.
Section 19 — Subsection 1. Section 426 gives powers to certain town- ships in unorganized territories. Clause / gives power to deal with vehicles kept for hire and livery stables, and as this power was given to all townships by section 428 as enacted by The Municipal Amendment Act, 1947, clause/ is no longer needed. Clause g gives power to deal with auctioneers, and as this power was given to all townships in paragraph 4 of section 436 as enacted in The Municipal Amendment Act, 1946, clause g is no longer needed.
Subsection 2. This amendment is complementary to amendments made by section 43 of The Municipal Amendment Act, 1944, whereby the word "junk" was replaced by the word "salvage".
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(a) For the purpose of this paragraph, a public garage shall include a parking station or a parking lot or a building or place where motor vehicles are hired or kept or used for hire or where such vehicles or gaso- line or oils are stored or kept for sale, and a building or place used as a motor vehicle repair shop or for washing or cleaning motor vehicles.
(2) The said section 420 is further amended by adding Rev. stat.,
, , r „ ■ , C. 266, S. 420.
thereto the following paragraph: amended.
Licensing Public Baths.
16a. For licensing, regulating and governing owners or Public bath keepers of any class or classes of public bath premises operated for profit, and for revoking any such license.
17. — (1) Paragraphs 7, 9 and 10, paragraph lOa as enacted ^ 2^'6fs^423 by subsection 3 of section 54 of The Municipal Amendment Act, ^o'^^o/' ^' 1946, paragraphs 11, 12 and 13, and paragraph 13fl as enacted ^^ll^^o^/f^- by subsection 3 of section 54 of The Municipal Amendment n, 12. 13', Act, 1946, of section 423 of The Municipal Act are repealed. (1946, c. 60
S. 54 (3) ), ' repealed.
(2) Paragraph 16 of the said section 423, as amended by Rev. stat subsection 2 of section 54 of The Municipal Amendment ^c/, p-^^ee, s. 423. 1946, is further amended by striking out the figure "4" in amended, the second line, so that the said paragraph shall now read as follows:
16. For exercising the powers conferred on cities and andiend'ing towns by paragraphs 12 and 13 of section 414. libraries.
18. Paragraph 12 of section 425 of The Municipal Act is Rev. stat., amended by striking out all the words after the word "thereof" para. 12, in the third line, so that the said paragraph shall now read ^™®"*^®<^- as follows:
12. For erecting and maintaining weighing machines Erecting within the municipality or within an adjacent taining^^'^" village, and charging fees for the use thereof. macWn^
19. — (1) Clauses/ and g of section 426 of The Municipal 'R^^- stat.,
A , , , c. 266, s. 426,
Act are repealed. ois. /. g,
repealed.
(2) Clause h of the said section 426 is amended by striking Rev. stat., out the word "Junk" in the first line and inserting in lieu ^j ^l^- ^- ^^6, thereof the word "Salvage", so that the said clause shall now amended, read as follows:
(h) Section 430, under the heading "Salvage and Second- hand Shops, etc."
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10
?®266?8^.*428 20. Section 428 of The Municipal Act, as enacted by sec- c^ 69^8 41) ^^^" ^^ °^ '^^^ Municipal Amendment Act, 1947, is amended by amended. * adding thereto the following paragraph:
Boat livery keepers.
For licensing, regulating and governing persons keeping boats for hire, and for regulating and inspecting boats kept by such person, and for revoking any such license.
Rev. Stat., 21. — (1) Clause a of paragraph 1 of section 433 of The para. i.ci. a Municipal Act, as re-enacted by subsection 2 of section 42 of c. 69, 's. 42. The Municipal Amendment Act, 1947 , is amended by adding amended. the word "or" at the end of subclause iii, and by adding thereto the following subclauses:
(iv) if the goods, wares or merchandise are hawked, peddled or sold by a person who pays business tax in the municipality, or by his employee, or by his agent, or
(v) if the goods, wares or merchandise are hawked, peddled or sold by an agent of the grower, producer or manufacturer, acting on behalf of a dealer who pays business tax in the municipality in respect of premises used for the sale of such goods, wares or merchandise.
so that the said clause shall now read as follows:
When license not required.
{a) No such license shall be required for hawking, peddl- ing or selling goods, wares or merchandise,
(i) to wholesale or retail dealers in similar goods, wares or merchandise, or
(ii) if the goods, wares or merchandise are grown, produced or manufactured in Ontario and are hawked, peddled or sold by the grower, producer or manufacturer or his agent or employee having written authority so to do, in the municipality in which the grower, producer or manufacturer resides, or
(iii) if the goods, wares or merchandise are grown or produced by a farmer resident in Ontario who offers for sale or sells only the produce of his own farm, or
(iv) if the goods, wares or merchandise are hawked , peddled or sold by a person who pays business tax in the municipality, or by his employee, or by his agent, or
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Section 20. This new paragraph will give the councils of towns, villages, and townships, and police commissioners of cities power to regulate boat liveries.
Section 21 — Subsection 1. The classes of persons who are not required to take out a hawker's license are extended to those referred to in the new subclauses iv and v.
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Subsection 2. This amendment provides that no by-law may prescribe a fee in excess of $2 for a hawker's license without the approval of the Department of Municipal Affairs.
Section 22 — Subsection 1. The license fees which may be charged for tourist camps and trailer camps are limited to the amounts stated unless approval of larger amounts is given by the Department of Municipal Affairs.
Subsections 2 and 3. The provisions authorizing municipal assessment of income were repealed in 1947.
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(v) if the goods, wares or merchandise are hawked, peddled or sold by an agent of the grower, producer or manufacturer, acting on behalf of a dealer who pays business tax in the muni- cipality in respect of premises used for the sale of such goods, wares or merchandise.
(2) Clause g of paragraph 1 of the said section 433 is am- ^ 2^6g^s^4^3 ended by striking out all the words after the word "resided" para, i.'ci. e', in the seventh line and inserting in lieu thereof the words "but no license fee in excess of $2 shall be prescribed in the by- law without the approval of the Department of Municipal Affairs", so that the said clause shall now read as follows:
(g) The fee to be paid for the license under by-laws Fees, passed under this paragraph may be lower in the case of persons who have resided continuously within the municipality for which the license is sought for at least one year prior to the application therefor than in the case of persons who have not so con- tinuously resided, but no license fee in excess of $2 shall be prescribed in the by-law without the approval of the Department of Municipal Affairs.
22.— (1) Paragraph 3g of section 439 of The Municipal ^^^^^f^-^^^ Act, as enacted by section 59 of The Municipal Amendment "p^^^-^^^ Act, 1946, is amended by adding thereto the following clause: c. eo.'s. 59).
amended.
{h) No by-law prescribing a license fee,
(i) in excess of $10 per cabin with a maximum of $100, for a tourist camp, or
(ii) in excess of $100 for a trailer camp,
shall come into force or take effect until approved by the Department of Municipal Affairs.
(2) Paragraph 5 of section 439 of The Municipal Act isRev. stat.. amended by striking out the words "income or" in the third para. 5,' line, so that the said paragraph shall now read as follows:
5. For licensing, regulating and governing transient Licensing traders and other persons whose names have notiating been entered on the assessment roll in respect of traders, business assessment for the then current year, and who offer goods, wares or merchandise for sale by auction, conducted by themselves or by a licensed auctioneer or otherwise, or who offer them for sale in any other manner.
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12
c!^ 2^66^8!^ 4 39. (^) Paragraph 6 of the said section 439 is amended by
para. 6. striking out the words "income or" in the third line, so that
the first five hnesof the said paragraph shall now read as follows:
f^^to'obtaln- 6. For requiring transient traders and other persons
before^dofng whose names arc not entered on the assessment roll
business. or are entered on it for the first time, in respect of
business assessment, and who so offer goods, wares or merchandise for sale, to pay a license fee before com- mencing to trade.
^2'6'6f 8^440. 23. Paragraph 2 of section 440 of The Municipal Act is amended amended by striking out the word "junk" in the first line and
inserting in lieu thereof the word "salvage", so that the said
paragraph shall now read as follows:
Salvage shops buy- ing from minors.
2. For prohibiting keepers of second-hand shops or salvage stores or shops, directly or indirectly purchasing from, exchanging with, or receiving in pledge from any minor appearing to be under the age of eighteen years, without written authority from a parent or guardian of such minor, any metals, goods, or articles.
Rev. Stat., c. 266. 8. 507. para. 3. amended.
24. Paragraph 3 of section 507 of The Municipal Act is amended by inserting after the word "sidewalks" in the ninth line the words "and canopies which project over the side- walks", and by inserting after the word "device" in the fourth line of clause h thereof the words "or canopy", so that the said paragraph shall now read as follows:
Areas and openings under highways.
3. For permitting the owners of land to make, maintain and use areas under and openings to them in the highways and sidewalks and for permitting the owners of land abutting on one side of a highway to construct, maintain and use a bridge or other structure over, across or under the highway for the purpose of access to land owned by such owners on the other side of the highway, and for permitting the owners of land to maintain and use signs and other advertising devices which project over the sidewalks, and canopies which project over the sidewalks, for prescribing the terms and conditions upon which the same shall be made, constructed, maintained and used, and for making such annual or other charge for the privilege con- ferred by the by-law as the council may deem reason- able, and for providing that upon the termination of such privilege the highway shall be restored to its former condition at the expense of the owner of the land to which the privilege is appurtenant by filling in the area or opening, removing the bridge, structure, sign or other advertising device, or otherwise as may be required by the by-law.
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Section 23. This amendment is complementary to amendments made by section 43 of The Municipal Amendment Act, 1944, whereby the word "junk" was replaced by the word "salvage".
Section 24. This amendment empowers every municipality to pass by-laws for permitting owners of land to maintain and use canopies which project over the sidewalks.
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Section 25. The present section limits the power to restrain by action to by-laws passed under The Municipal Act.
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m\
13
(a) Such annual or other charge and any expense Annual
incurred by the corporation in restoring the*^ ^^^^ highway to its former condition shall be payable and payment of it may be enforced in like manner as taxes are payable and payment of them may be enforced.
(b) The corporation shall be liable for any want Liability of
^ / 1 • t 1 r corporation
of repair of the highway which may result from for damages.
the construction, maintenance and use of any
such area or opening, bridge or structure,
sign or advertising device, or canopy, but
shall be entitled to the remedy over provided
for by section 486 against the person by
whose act or omission the want of repair is
caused.
25. Section 525 of The Municipal Act, as amended byRev. stat.. section 48 of The Municipal Amendment Act, 1944 and r4-enact'ed. section 67 of The Municipal Amendment Act, 1946, is repealed
and the following substituted therefor:
525. Where any by-law of a municipality or of a local Power to
rGstr3.in
board thereof, passed under the authority of this or by action. any other general or special Act, is contravened, in addition to any other remedy and to any penalty imposed by the by-law, such contravention may be restrained by action at the instance of a ratepayer or the corporation or local board.
26. This Act shall come into force on the 1st day of June, ment"o1-'Act 1948.
27. This Act may be cited as The Municipal Amendment ^horttme. Act, 1948.
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No. 90
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Municipal Act.
Mr. Dunbar
{Reprinted as amended by the Committee on Municipal Law.)
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes Section 1 — Subsection 1. Self-explanatory.
Subsection 2. The present subsection 4 of section 44c provides that the board of trustees of an improvement district shall function as such local boards as may be designated by the Municipal Board, and that it shall be augmented by the persons that may be appointed or elected to the particular board by statute. Now the board of trustees will function as each local board without further additions.
Section 2. Self-explanatory.
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No. 90 ' 1948
BILL
An Act to amend The Municipal Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Section 44c of The Municipal Act, as re-enacted by Rev. stat.. subsection 1 of section 3 of The Municipal Amendment Act^^^^^Q^f' q; qq^ 1947, is amended by adding thereto the following subsection : Ij^g^^^^^'
(la) Where, in an improvement district, a high school provls/on district is established and a separate school is main- re trustees. tained, one of the trustees appointed under subsection 1 shall be a separate school supporter.
Rev. Stat..
(2) Subsection 4 of the said section 44c is repealed and thesiibs. 4 ' following substituted therefor: s. 3 {if], '
re-enacted.
(4) The board, with respect to the improvement district, ^^elned shall function as every local board, except a separate *» be local school board, within the meaning of The Department 'Rq^- stat., of Municipal Affairs Act.
2. — (1) Clause / of subsection 1 of section 53 of I^^^^^^GQ^a^K^ Municipal Act is amended by striking out the words "ansubs. i, ci./,' electric railway, street railway or steam railway" in the fourth line and inserting in lieu thereof the words "a transportation system", so that the said clause shall now read as follows:
(/) a person other than the head of the council who is a member of a board or commission appointed or elected for the construction, management or control of a transportation system which is owned by, or leased to, or controlled by a municipal corporation, or by trustees, or by any board or commission acting for or on behalf of such corporation, and this clause shall have effect notwithstanding the provisions of any general or special Act or any by-law of a muni- cipal corporation.
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Rev. Stat.. c. 266, B. 53, subs. 6, amended.
(2) Subsection 6 of the said section 53 is amended by strikinji out the words "an electric railway, street railway or steam railway" in the fourth and fifth lines and inserting in lieu thereof the words "a transportation system", so that the said subsection shall now read as follows:
Appoint- ments to two commissions, etc.
Rev. Stat., oc. 62, 286.
(6) Notwithstanding the provisions of clause / of sub- section 1 and of section 37 of The Public Utilities Act, a member of a board or commission appointed or elected for the construction, management or control of a transportation system mentioned in said clause/ may be appointed or elected and be entitled to sit and vote as a member of a commission established under The Power Commission Act, The Public Utilities Act or any special Act for the management and control of a public utility.
Rev. Stat.
c. 266, 8. 65,
subs. 1
(1947,
c. 69, s. 9),
amended.
Power to fix nomination and polling days.
3. Subsection 1 of section 65 of The Municipal Act, as re-enacted by section 9 of The Municipal Amendment Act, 1947 , is amended by striking out the figure and letters "1st" in the eighth line and inserting in lieu thereof the figure and letters "2nd", so that the said subsection shall now read as follows:
(1) The council may, not later in the year than the 1st day of November, fix the day for the meeting of electors for the nomination of candidates for council and for any local board or commission any members of which are to be elected by ballot by the electors and the day for the polling, provided that the days so fixed occur during the period from the 15th day of November to the 2nd day of January both inclu- sive, and are other than a Sunday or the 24th, 25th or 31st days of December, and that the day fixed for nominations is not less than seven days prior to the day fixed for polling, and the by-law shall remain in force from year to year until repealed.
^266^*^i'7i '*• — ^^^ Subsection 2 of section 171 of The Municipal Act siibs. 2," 'is amended by striking out the figures "76" in the fifth line
and inserting in lieu thereof the figures "65", so that the said
subsectioh shall now read as follows:
amended.
In ofBce of mayor, reeve and deputy reeve in towns and villages.
(2) Where the office of mayor, reeve or deputy' reeve of a town or of reeve or deputy reeve of a village or township becomes vacant after the 1st day of November in any year or after the 1st day of October where a by-law has been passed under section 65, and an election to fill the vacancy has not been ordered in a judicial proceeding, the council may elect one of its number to fill the office for the remainder of the term.
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Section 3. The last dav that a by-law under this subsection may authorize for the election is advanced from the 1st day of January to the 2nd day of January.
Section- 4. Section 65 of The Municipal Act now covers the matters formerly dealt with in section 76.
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Section 5. This amendment is complementary to the amendments in section 17 and 18 of The Municipal Amendment Act, 1947, where all other references to the "master in chambers" were changed to read "master".
Section 6. The provisions in the Act authorizing municipal income tax were repealed by The Municipal Amendment Act, 1947.
Section 7. As subsection 4 of section 305 was repealed in 1946, this amendment brings subsection 6 up to date.
Section 8. The repealed clause provided in effect that a by-law passed for borrowing money for the purchase of fire-fighting equipment need not be assented to by the electors. Paragraph 30a of section 405, which was enacted in The Municipal Amendment Act, 1947, specifically makes this provision, and the repealed clause no longer serves any purpose.
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(2) Subsection 3 of the said section 171 is amended byRev. stat,. striking out the figures "76" in the third line and inserting in amended, lieu thereof the figures "65", so that the said subsection shall now read as follows:
(3) Where a vacancy occurs in the office of councillor when
after the first day of November in any year or after need not bo the 1st day of October where a by-law has been passed under section 65 and an election has not been ordered in a judicial proceeding, it shall not be necessary that the vacancy be filled if the council so directs.
5. Section 190 of The Municipal Act is amended b}' striking ^ 266®*^\qo out the words "in chambers" in the first line, so that the said amended, section shall now read as follows:
190. The judge or master forthwith after rendering his Judgment decision shall return the same with all things had turned^to before him touching the proceeding, to the proper office^/ officer of the court, there to remain of record as a of court, judgment of the court, and the judgment may be enforced for the costs awarded by execution and in other respects in the same manner as an order of mandamus.
6. Subsection 2 of section 304 of The Municipal Act is Rev. stat.,
, , , M • 1 1 ii' 1.. • 1 0.266,3.304,
amended by strikmg out the words income and m the subs. 2, fourth line, so that the said subsection shall now read as follows: ^
(2) "Rateable property" when used in this Act or in any "Rateable by-law heretofore or hereafter passed which directs the levying of a rate on the rateable property in the municipality or any part of it, shall include business ^^^ g^^^. assessment as defined by The Assessment Act. c. 272.
7. Subsection 6 of section 305 of The Municipal Act is Rev. stat., amended by striking out the words and figures "subsections siibs. 6,'
4 and 5" in the first line and inserting in lieu thereof the^ word and figure "subsection 5", so that the said subsection shall now read as follows:
(6) In the cases provided for by subsection 5, the by-law Amount to shall provide for raising in each 3-ear in which an annually, instalment becomes due by a special rate on all the rateable property in the municipality, a specific sum sufficient to pay it when and as it becomes due.
8. Clause i of subsection 3 of section 307 of The Municipal Rev. stat.,
^ . . , , ^0. 266, s. 307,
Act IS repealed. subs. 3, ci. »,
repealed.
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9. Sections 360 and 361 of The Municipal Act are repealed.
Rev. Stat., o. 266, ss. 360, 361, repealed.
10. — (1) Subsection 1 of section 388 of The Municipal Act 0. 266, 8. 388, is amended by striking out all the words after the word "apart- amended, ments" in the second line, so that the said subsection shall now read as follows:
Custody of gaols.
(1) The sheriff shall have the care of the county gaol, gaol offices and yard and gaoler's apartments.
(2) Subsection 2 of the said section 388 is repealed and the
Rev. Stat..
siibs. 2, re- 'following substituted therefor: enacted.
Appointment of gaoler, etc.
(2) The Lieutenant-Governor in Council may appoint the gaoler, gaol surgeon and other gaol employees, and fix their salaries which shall be paid by the county or city, as the case may be.
Stck leave credits.
1947, c. 89.
(3) The county or city shall establish the same system of credits and payments for regular attendance of the gaoler and gaol employees, as is provided for in the regulations under The Public Service Act, 1947.
Workmen's compensa- tion.
Rev. Stat., c. 204.
(4) For the purposes of The Workmen' s Compensation Act, every gaoler and gaol employee shall be deemed to be an employee of the county or city as the case may be.
"Gaol surgeon".
(5) For the purposes of subsections 3 and 4, a gaol surgeon shall be deemed not to be a gaol employee.
? 2^66^8^464 •'■•'■• — ^^^ Paragraph 1 of section 404 of The Municipal para. 1,' ' Act is repealed and the following substituted therefor:
re-enacted.
Sports.
1. For aiding athletic or aquatic sports, and for making grants or gifts to persons in recognition of outstanding achievements in athletics, aquatic or other games or contests.
■^266^*^ 404 ^^^ Paragraph 2a of the said section 404, as enacted by para. 2a ' subsection 1 of section 48 of The Municipal Amendment Act, s. 48 (1°) ). ' 1946, is repealed and the following substituted therefor:
re-enacted.
Community programmes.
Rev. Stat., c. 356.
2a. For carrying on any community or joint community programme of recreation within the meaning of the regulations under The Department of Education Act, and for expending money or for granting money in aid for such purposes.
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Section 9. These sections, under which certain members of muni- cipal councils are ex officio justices of the peace, are repealed. Hereafter these members will be commissioners for taking affidavits. See section 1 of Bill No. 72.
Section 10. The effect of these amendments is that the appointments of gaolers, gaol surgeons and gaol officers are no longer made by the sheriff, but are made by the Lieutenant-Governor in Council. A system of sick leave credits is required to be established and the gaol officers and em- ployees, except the gaol surgeon, are deemed employees of the municipality for workmen's compensation purposes. These amendments are supple- mented by section 5 of The Public Service Amendment Act, 1948 (Bill No. 78), which deals with superannuation of these persons.
Section U — Subsection 1. The present paragraph reads as follows: 1. For aiding amateur athletic or aquatic sports.
Subsection 2. This amendment makes it clear that a municipality may spend money or grant money for carrying on a programme of recrea- tion provided for in the regulations under The Department oj Education Act.
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Subsections 3 and 4. The purpose of this amendment is to jjive to counties the same powers with respect to roads over which the county has jurisdiction as is now given to local municipalities under paragraph 47a of section 405.
Section 12. — (1) These new paragraphs give to cities, towns, villages and townships powers formerly given to cities, towns and villages under section 407, and to towns, villages and townships under section 423. This amendment merely consolidates powers already existing so that they appear in one section instead of two sections. (See sections 13 and 16 of this Bill.) The only new principle involved is the addition of clause a of paragraph 47 J which authorizes the so-called "parking tag" procedures, which have proved beneficial to all concerned in the municipalities that have established them. To date no authority for their use has existed. The procedures will form part of the general traffic by-law and therefore must be approved by the Department of Highways.
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(3). The said section 404 is further amended by adding Rev. stat., thereto the following paragraph: anSldf^*'
Oil Pipes, etc., on Highways. 48a. Notwithstanding any other Act, for la>-ing, or main- Laying cf
. . r ^\ • • ^1 pipes for oil,
tammg, or tor authonzmg any person to lay, use or etc. maintain pipes or conduits for transmitting gasoline, oil, anti-freeze, brine or other similar products along, under, in or upon highways or land owned by the municipality; and for making such annual or other charge for the privilege conferred as the council may deem reasonable; and for entering into agreements with persons for the use by them of such pipes or conduits on such terms and conditions as may be agreed upon.
(a) vSuch annual or other charge and any expense incurred by the corporation in restoring the highway to its former condition shall be pay- able and payment may be enforced in like manner as taxes.
(4) Every agreement now in force with respect to pipes or Present conduits that conforms with paragraph 48a of section 404 Qf ''^'"®®'"®" ^- The Municipal Act, as enacted by subsection 3 of this section shall be deemed to have been made pursuant to the authority of the said paragraph.
12. — (1) Section 405 of The Municipal Act is amended by Rev. stat.. adding thereto the following paragraphs: amended. '
Firemen, etc.
30&. For appointing fire wardens, fire engineers and Estabiish- firemen and for promoting, establishing, and regu- companies, lating fire, hook-and-ladder, and property saving companies.
Pits and Quarries.
39b. For prohibiting the making of pits and quarries in Pits and the municipality or regulating the location of them, ''"^''"®^- provided that the making or locating of a pit or quarry in contravention of the by-law in addition to any other remed>' may be restrained by action at the instance of the corporation.
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Stables, etc.
Location of stables, garages, etc.
44a. For regulating the location, erection and use of stables, garages, barns, outhouses and manure pits.
Marking the boundaries of and naming streets, etc.
Proceedings for changing nannes of streets.
Regulating traffic. Rev. Stat., c. 288.
Naming and Surveying Streets.
47c. To provide for surveying, settling and marking the boundary lines of highways and giving names to them or changing tHeir names, and for affixing the names at the corners thereof, on public or private property.
(a) A by-law for changing the name of a highway shall not have any force or effect unless passed by a vote of at least three-fourths of all the members of the council, or until a copy of it certified under the hand of the clerk and the seal of the corporation has been registered in the registry office of the proper registry division.
{b) A by-law for changing the name of a highway in a city or town shall state the reason for the change, and shall not be finally passed until it has been approved by a judge of the county or district court of the county or district in which the municipality is situate.
(r) The judge, on the application of the council, shall appoint a day, hour and place for con- sidering the by-law, and for hearing those advocating and opposing the change.
{d) A copy of the by-law and of the appointment shall be served on the registrar of the registry division in which the municipality is situate at least two weeks before the time appointed, and a notice of the application in such form as the judge may approve shall be published once in the Ontario Gazette at least two weeks before the time so appointed, and at least once a week for four successive weeks in such other newspaper or newspapers as the judge may direct.
(e) If the judge approves of the change he shall so certify and his certificate shall be registered with the by-law, and the change shall take effect from the date of the registration.
Traffic on Highways, etc.. Driving of Cattle, etc.
Aid. Subject to Xhc prov\s\ons oi The Highway Traffic Act for regulating traffic on the highways, and for pro-
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Section 13 — Subsection 1. This amendment broadens the powers of urban municipalities to regulate, control and inspect heating plants and equipment.
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hibiting heavy traffic as defined in the by-law and the use of traction engines and the driving of cattle, sheep, pigs and other animals during the whole or any part of the day or night in certain highways and public places named in the by-law, and for prohibiting traffic in any but one direction in highways which in the opinion of the council are too narrow for the passing of one vehicle by another or in which in the opinion of the council, it is desirable that traffic should be limited to one direction.
(a) A by-law under this paragraph may provide a Expeditious procedure for the voluntary payment of authorized penalties out of court in cases where it is offences .'°^ alleged that the parking provisions of the by-law have been contravened, and if payment is not made in accordance with the procedure subsection 2 of section 521 shall apply.
47e. For setting aside and designating in a suitable Safety zones visible manner, on any highway upon which street cars or buses are operated, any part or parts as a "safety zone" and for prohibiting motor or other vehicles from driving over or upon any such safety zone while any pedestrian is thereon or about to enter thereon.
Children Riding behind Vehicles.
63a. For prohibiting children from riding on the plat- Prohibiting forms of cars, or riding behind or getting on waggons, riding^behi*n3 sleighs or other vehicles while in motion, and for ^^'^^s°"^' ®*<^- preventing accidents arising from such causes.
Sidewalks — Horses and Cattle upon.
63b. For prohibiting the leading, riding or driving of Driving, horses or cattle upon sidewalks or in other places not sidew^^k". ^^_^ proper therefor.
^^f Rev. Stat..
(2) Paragraph 47a of the said section 405, as enacted bv'=- ^ee.s. 405.
^ . ^ '^ ' para. 47a
subsection 1 of section 32 of The Municipal Amettdment Act, ^^^47. 1947, is repealed. -^^g subs.'ij.
^^^ repealed.
13. — (1) Paragraph 3 of section 407 of The Municipal Act, as Rev. stat.. amended by section 8 of The Municipal Amendment Act, 1938, pkra^'sfVe-^ is repealed and the following substituted therefor: enacted.
3. For regulating, controlling and inspecting all hot air, Regulation hot water and steam heating plants and equipment, heating or any classes thereof, and the installation thereof ; equipment, and for requiring the production of plans of all installations of such plant and equipment and altera- tions or additions thereto, and for charging fees for
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8
the inspection and approval of such plans, and fixing the amount of the fees; and for the issuing of a permit certifying to such approval and for requiring that without such permit no such plant and equipment may be installed, altered or added to.
Saeefs^VoT. (2) Paragraphs 10, 15, 39, 42, 44, 46, and paragraphs 47 and Piras.' 10. 15; 48 as amended by subsections 3 and 4 respectively of section 47.' 48. re- ' 51 of The Municipal Amendment Act, 1946, of the said section
pealed. .«» . .
407 are repealed.
(3) The said section 407 is further amended by adding 0!^ 266''s*467 thereto the following paragraph :
amended.
Strayed pigeons.
Strayed Pigeons.
53. For empowering officers of the municipality-, upon the complaint of the owner or occupant of any premises, to enter upon such premises and the land and buildings in the vicinity thereof, for the purpose of trapping, removing or exterminating strayed pigeons which are causing annoyance to the owner or occupant or damages to such premises.
o! 2^"6?8*468 ^^' Clause h of paragraph 6 of section 408 of The Municipal
ffgle^' °'' *^^^' as re-enacted by section 52 of The Municipal Amendment
c. 60. 's. 52), Act, 1946, is amended by inserting after the word "and" in amended. i • i ,• , i n , i V • i ..
the sixth hne the words the by-law may require that , so that the said clause shall now read as follows:
Ticket ■showing weight required.
Rev. Stat., 0. 266, 8. 420, para. 14, amended.
(6) A by-law passed under this paragraph may require coal and other fuel dealers to make out a ticket showing the weight or quantity of the coal or other fuel purchased after the same is weighed or measured in accordance with the by-law, and the by-law may require that the amount so specified and the ticket shall be delivered to the purchaser.
15. — (1) Paragraph 14 of section 420 of The Municipal Act, as amended by subsection 3 of section 15 of The Municipal Amendment Act, 1941, is further amended by inserting after the word "licenses" in the second line the words "and for revoking such licenses", and by adding at the end of clause a the words "or for washing or cleaning motor vehicles", so that the said paragraph shall now read as follows:
Public garages,— licensing, etc.
14. For licensing and regulating the owners of public garages, and for fixing the fees for such licenses, and for revoking such licenses, and for imposing penalties for breaches of such by-law and for the collection thereof.
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Subsection 2. The powers given to cities, towns and villages under the repealed paragraphs are also given to towns, villages and townships under paragraphs 7, 9, 10, 10a, 11, 12, 13 and 13a of section 423. These powers are now covered by the addition of paragraphs 63a, 30b, 47c, 39b, 63b, 44a, A7d and 47e to section 405 which is applicable to local munici- palities, i.e., cities, towns, villages and townships. (See section 12 of this Bill.)
Subsection 3. This new paragraph gives urban municipalities power to deal with nuisance caused by strayed pigeons.
Section 14. This amendment permits the by-law to require that the specified amount of fuel and the ticket showing the amount shall be delivered to the purchaser. Thus failure to do these things will be an offence against the by-law and not an offence against the Act as is now provided.
Section 15 — Subsection 1. This amendment empowers the councils of cities to revoke a public garage license, and the definition of "public garage" is widened to include car-washing establishments.
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Subsection 2. bath premises.
This new paragraph gives to cities control over public
Section 16 — Subsection 1. The powers given to towns, villages and townships under the repealed paragraphs are also given to cities, towns and villages under paragraphs 10, 15, 39, 42, 44, 46, 47 and 48 of section 407. These powers will now be covered by the addition of paragraphs 63a, 30b, 47c, 39b, 63b, 44a, 47d and He, respectively, to section 405, which is applicable to local municipalities, i.e., cities, towns, villages and. town- ships. (See section 12 of this Bill.)
Subsection 2. Paragraph 4 of section 414 was repealed by The Muni- cipal Amendment Act, 1947, and the power to deal with lodging houses was given to all local municipalities by paragraph 40a of section 405.
Section 17. The words repealed are "not being contrary to the limi- tations prescribed by subsection 8 of section 409". That subsection was repealed in 1947, and there is no longer any limitation on such fees.
Section 18 — Subsection 1. Section 426 gives powers to certain town- ships in unorganized territories. Clause /gives power to deal with vehicles kept for hire and livery stables, and as this power was given to all townships by section 428 as enacted by The Municipal Amendment Act, 1947, clause/ is no longer needed. Clause g gives power to deal with auctioneers, and as this power was given to all townships in paragraph 4 of section 436 as enacted in The Municipal Amendment Act, 1946, clause g is no longer needed.
Subsection 2. This amendment is complementary to amendments made by section 43 of The Municipal Amendment Act, 1944, whereby the word "junk" was replaced by the word "salvage".
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(a) F'or the purpose of this paragraph, a public garage shall include a parking station or a parking lot or a building or place where motor vehicles are hired or kept or used for hire or where such vehicles or gaso- line or oils are stored or kept for sale, and a building or place used as a motor vehicle repair shop or for washing or cleaning motor vehicles.
(2) The said section 420 is further amended by adding Rev. stat..
', \ ^U r U • U *'c. 266,8.420,
thereto the tollowmg paragraph : amended.
Licensing Public Baths.
16a. For licensing, regulating and governing owners or Public bath keepers of any class or classes of public bath premises operated for profit, and for revoking any such license.
16.— (1) Paragraphs 7, 9 and 10, paragraph 10a as enacted ^®2'6'6^s^423. by subsection 3 of section 54 of The Municipal Amendment Act, lo'^^o/' ^' 1946, paragraphs 11, 12 and 13, and paragraph 13a as enacted ^^%\^}S- ^^' by subsection 3 of section 54 of The Municipal Amendment ^^^ 12. 13', Act, 1946, of section 423 of The Municipal Act are repealed. (i946, c. eo,
s. 54 (3) ). repealed.
(2) Paragraph 16 of the said section 423, as amended by Rev. stat.,
subsection 2 of section 54 of The Municipal Amendment ^c/, p^^^^'j|- ^^s.
1946, is further amended by striking out the figure "4" in^n^ended.
the second line, so that the said paragraph shall now read as
follows:
16. For exercising the powers conferred on cities and and jend'ing towns by paragraphs 12 and 13 of section 414. libraries.
17. Paragraph 12 of section 425 of The Municipal Act is Rev. stat., amended by striking out all the words after the word "thereof" para. '12', in the third line, so that the said paragraph shall now read ^"^^^ ^^• as follows:
12. For erecting and maintaining weighing machines Erecting within the municipality or within an adjacent taining^^^" village, and charging fees for the use thereof. mtilmne^s.
18. — (1) Clauses/ and ? of section 426 of The Municipal ^^J ■ stat.,
A , , , ^ c. 266, s. 426,
Act are repealed. ois. /, g,
repealed.
(2) Clause h of the said section 426 is amended by striking Rev. stat., out the word "Junk" in the first line and inserting in lieUci^f^'^'^^^' thereof the word "Salvage", so that the said clause shall now^"^^""^®^- read as follows:
(h) Section 430, under the heading "Salvage and Second- hand Shops, etc."
90
10
19. Section 428 of The Municipal Act, as enacted by sec-
Rev. Stat.,
c. 266, s. 428 .
(1947, tion 41 of The Municipal Amendment Act, 1947, is amended by
amended. ' adding thereto the following paragraph:
Boat livery keepers.
For licensing, regulating and governing persons keeping boats for hire, and for regulating and inspecting boats kept by such person, and for revoking any such license.
Rev. Stat.. 20. — (1) Clause a of paragraph 1 of section 433 of The para. 'i!'ci. a Municipal Act, as re-enacted by subsection 2 of section 42 of 0^691*8.42, The Municipal Amendment Act, 1947, is amended by adding ame^iided. ^he word "or" at the end of subclause iii, and by adding thereto the following subclauses:
(iv) if the goods, wares or merchandise are hawked, peddled or sold by a person who pays business tax in the municipality, or by his employee, or by his agent, or
(v) if the goods, wares or merchandise are hawked, peddled or sold by an agent of the grower, producer or manufacturer, acting on behalf of a dealer who pays business tax in the municipality in respect of premises used for the sale of such goods, wares or merchandise.
so that the said clause shall now read as follows:
When license not required.
(a) No such license shall be required for hawking, peddl- ing or selling goods, wares or merchandise.
(i) to wholesale or retail dealers in similar goods, wares or merchandise, or
(ii) if the goods, wares or merchandise are grown, produced or manufactured in Ontario and are hawked, peddled or sold by the grower, producer or manufacturer or his agent or employee having written authority so to do, in the municipality in which the grower, producer or manufacturer resides, or
(iii) if the goods, wares or merchandise are grown or produced by a farmer resident in Ontario who offers for sale or sells only the produce of his own farm, or
(iv) if the goods, wares or merchandise are hawked , peddled or sold by a person who pays business tax in the municipality, or by his employee, or by his agent, or
90
Section 19. This new paragraph will give the councils of towns, villages, and townships, and police commissioners of cities power to regulate boat liveries.
Section 20 — Subsection 1. The classes of persons who are not required to take out a hawker's license are extended to those referred to in the new subclauses iv and v.
90
Subsection 2. This amendment provides that no by-law may prescribe a fee in excess of $2 for a hawker's license without the approval of the Department of Municipal Affairs.
Section 21 — Subsection 1. The license fees which may be charged for tourist camps and trailer camps are limited to the amounts stated unless approval of larger amounts is given by the Department of Municipal Affairs.
Subsections 2 and 3. The provisions authorizing municipal assessment of income were repealed in 1947.
90
11
(v) if the goods, wares or merchandise are hawked, peddled or sold by an agent of the grower, producer or manufacturer, acting on behalf of a dealer who pays business tax in the muni- cipality in respect of premises used for the sale of such goods, wares or merchandise.
(2) Clause g of paragraph 1 of the said section 433 is am- •^^263^*^4^3 ended by striking out all the words after the word "resided" para, i, ci. g', in the seventh line and inserting in lieu thereof the words "but no license fee in excess of $2 shall be prescribed in the by- law without the approval of the Department of Municipal Affairs", so that the said clause shall now read as follows:
(g) The fee to be paid for the license under by-laws Fees, passed under this paragraph may be lower in the case of persons who have resided continuously within the municipality for which the license is sought for at least one year prior to the application therefor than in the case of persons who have not so con- tinuously resided, but no license fee in excess of S2 shall be prescribed in the by-law without the approval of the Department of Municipal Affairs.
21.— (1) Paragraph 3g of section 439 of The Municipal f^^Q^f^^^^Q^ Act, as enacted by section 59 of The Municipal Amendment p^^^'^s Act, 1946, is amended by adding thereto the following clause: c. eo.'s. 59),
amended.
ih) No by-law prescribing a license fee,
(i) in excess of $10 per cabin with a maximum of $100, for a tourist camp, or
(ii) in excess of $100 for a trailer camp,
shall come into force or take effect until approved by the Department of Municipal Affairs.
(2) Paragraph 5 of section 439 .of The Municipal Act isRev. stat.. amended by striking out the words "income or" in the third para. 5." line, so that the said paragraph shall now read as follows: ^men
5. For licensing, regulating and governing transient Licensing traders and other persons whose names have not lating been entered on the assessment roll in respect of traders" business assessment for the then current year, and who offer goods, wares or merchandise for sale by auction, conducted by themselves or by a licensed auctioneer or otherwise, or who offer them for sale in any other manner.
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0^2^66^8^439 (^) Paragraph 6 of the said section 439 is amended by
P'^ra^s. striking out the words "income or" in the third line, so that
the first five lines of the said paragraph shall now read as follows:
^^to'obTaln- 6. For requiring transient traders and other persons
before^dofng whose names are not entered on the assessment roll
business. or are entered on it for the first time, in respect of
business assessment, and who so offer goods, wares or merchandise for sale, to pay a license fee before com- mencing to trade.
?2'6'6?s^440. 22. Paragraph 2 of section 440 of The Municipal Act is para. 2, amended by striking out the word "junk" in the first line and
amendeci. ....
inserting in lieu thereof the word "salvage", so that the said
Salvage shops buy- ing from minors.
paragraph shall now read as follows:
2. For prohibiting keepers of second-hand shops or salvage stores or shops, directly or indirectly purchasing from, exchanging with, or receiving in pledge from any minor appearing to be under the age of eighteen years, without written authority from a parent or guardian of such minor, any metals, goods, or articles.
Rev. Stat., o. 266. s. 507. para. 3, amended.
23. Paragraph 3 of section 507 of The Municipal Act is amended by inserting after the word "sidewalks" in the ninth line the words "and canopies which project over the side- walks", and by inserting after the word "device" in the fourth line of clause h thereof the words "or canopy", so that the said paragraph shall now read as follows:
Areas and openings under highways.
For permitting the owners of land to make, maintain and use areas under and openings to them in the highways and sidewalks and for permitting the owners of land abutting on one side of a highway to construct , maintain and use a bridge or other structure over, across or under the highway for the purpose of access to land owned by such owners on the other side of the highway, and for permitting the owners of land to maintain and use signs and other advertising devices which project over the sidewalks, and canopies which project over the sidewalks, for prescribing the terms and conditions upon which the same shall be made, constructed, maintained and used, and for making such annual or other charge for the privilege con- ferred by the by-law as the council may deem reason- able, and for providing that upon the.termination of such privilege the highway shall be restored to its former condition at the expense of the owner of the land to which the privilege is appurtenant by filling in the area or opening, removing the bridge, structure, sign or other advertising device, or otherwise as may be required by the by-law.
90
Section 22. This amendment is complementary to amendments made by section 43 of The Municipal Amendment Act, 1944, whereby the word "junk" was replaced by the word "salvage".
Section 23. This amendment empowers every municipality to pass by-laws for permitting owners of land to maintain and use canopies which project over the sidewalks.
90
Section 24. The present section limits the power to restrain by action to by-laws passed under The Municipal Act.
90
13
(a) Such annual or other charge and any expense Annual
incurred by the corporation in restoring the highway to its former condition shall be payable and payment of it may be enforced in like manner as taxes are payable and payment of them may be enforced.
(b) The corporation shall be liable for any want Liability of ^ ' . f. , , . , 1 • 1 'if corporation
of repair of the highway which may result from for damages.
the construction, maintenance and use of any
such area or opening, bridge or structure,
sign or advertising device, or canopy, but
shall be entitled to the remedy over provided
for by section 486 against the person by
whose act or omission the want of repair is
caused.
24. Section 525 of The Municipal Act, as amended byRev. stat.. section 48 of The Municipal Amendment Act, 1944 and r4-enact'ed. section 67 of The Municipal Amendment Act, 1946, is repealed
and the following substituted therefor:
525. Where any by-law of a municipality or of a local Power to board thereof, passed under the authority of this or by action. any other general or special Act, is contravened, in addition to any other remedy and to any penalty imposed by the by-law, such contravention may be restrained by action at the instance of a ratepayer or the corporation or local board.
25. This Act shall come into force on the 1st day of June, ment"o1-"f ct 1948.
26. This Act may be cited as The Municipal Amendment short title. Act, 1948.
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03 I—*
r r
No. 90
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Municipal Act.
Mr. Dunbar
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 90 1948
BILL
An Act to amend The Municipal Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Section 44c of The Municipal Act, as re-enacted by Rev. stat.. subsection 1 of section 3 of The Municipal Amendment Act^lig^Y^'Q'Qg' 1947, is amended by adding thereto the following subsection :|j^^g^^^g^'
(lo) Where, in an improvement district, a high school provision district is estabHshed and a separate school is main- '"® trustees. tained, one of the trustees appointed under subsection 1 shall be a separate school supporter.
Rev. Stat..
(2) Subsection 4 of the said section 44c is repealed and the subs. 4 "
following substituted therefor: s. 3 (i)°), '
re-enacted.
(4) The board, with respect to the improvement district, decerned shall function as every local board, except a separate *^'^^^^iocai school board, within the meaning of The Department Rev. stat., of Municipal Affairs Act.
2. — (1) Clause / of subsection 1 of section 53 of ^^^ ^^e/^^Vo Municipal Act is amended by striking out the words "ansubs. i, ci./* electric railway, street railway or steam railway" in the fourth line and inserting in lieu thereof the words "a transportation system", so that the said clause shall now read as follows:
(/) a person other than the head of the council who is a member of a board or commission appointed or elected for the construction, management or control of a transportation system which is owned by, or leased to, or controlled by a municipal corporation, or by trustees, or by any board or commission acting for or on behalf of such corporation, and this clause shall have effect notwithstanding the provisions of any general or special Act or any by-law of a muni- cipal corporation.
90
Rev. Stat., c. 260, s. 53, subs. 6, amendec).
(2) Subsection 6 of the said section 53 is amended by strikinji^ out the wortis "an electric railway, street railway or steam railway" in the fourth and fifth lines and inserting in lieu thereof the words "a transportation system", so that the said subsection shall now read as follows:
Appoint- ments to two commissions, etc.
Rev. Stat., cc. 62, 286.
(6) Notwithstanding the provisions of clause / of sub- section 1 and of section 37 of The Public Utilities Act, a member of a board or commission appointed or elected for the construction, management or control of a transportation system mentioned in said clause/ may be appointed or elected and be entitled to sit and vote as a member of a commission established under The Power Commission Act, The Public Utilities Act or any special Act for the management and control of a public utility.
Rev. Stat.
c. 266. 8. 65.
subs. 1
(1947,
c. 69, R. 9).
amended.
Power to fix nomination and polling days.
3. Subsection 1 of section 65 of The Municipal Act, as re-enacted by section 9 of The Municipal Amendment Act, 1947, is amended by striking out the figure and letters "1st" in the eighth line and inserting in lieu thereof the figure and letters "2nd", so that the said subsection shall now read as follows:
(1) The council may, not later in the year than the 1st day of November, fix the day for the meeting of electors for the nomination of candidates for council and for any local board or commission any members of which are to be elected by ballot by the electors and the day for the polling, provided that the days so fixed occur during the period from the 15th day of November to the 2nd day of January both inclu- sive, and are other than a Sunday or the 24th, 25th or 31st days of December, and that the day fixed for nominations is not less than seven days prior to the day fixed for polling, and the by-law shall remain in force from year to year until repealed.
Rev. Stat 4. — (1) Subsection 2 of section 171 of The Municipal Act
subs. 2, 'is amended by striking out the figures "76" in the fifth line
and inserting in lieu thereof the figures "65", so that the said
subsection shall now read as follows:
In oflfloe of mayor, reeve and deputy reeve in towns and villages.
(2) Where the oflfice of mayor, reeve or deputy reeve of a town or of reeve or deputy reeve of a village or township becomes vacant after the 1st day of November in any year or after the 1st day of October where a by-law has been passed under section 65, and an election to fill the vacancy has not been ordered in a judicial proceeding, the council may elect one of its number to fill the office for the remainder of the term.
90
(2) Subsection 3 of the said section 171 is amended byRev. stat., striking out the figures "76" in the third line and inserting in amended, lieu thereof the figures "65", so that the said subsection shall now read as follows:
(3) Where a vacancy occurs in the office of councillor when
after the first day of November in any year or after need not he the 1st day of October where a by-law has been passed under section 65 and an election has not been ordered in a judicial proceeding, it shall not be necessary that the vacancy be filled if the council so directs.
5. Section 190 of The Afunicipal Act is amended by striking R^v stat. out the words "in chambers" in the first line, so that the said amended, section shall now read as follows:
190. The judge or master forthwith after rendering his Judgment decision shall return the same with all things had turned^'o before him touching the proceeding, to the proper ^^^eV officer of the court, there to remain of record as a °^ ^ou^t. judgment of the court, and the judgment may be enforced for the costs awarded by execution and in other respects in the same manner as an order of mandamus.
6. Subsection 2 of section 304 of The Municipal Act is Rev. stat..
, , , ... , 1 11- 1,, • 1 c. 266. s. 304,
amended by strikmg out the words mcome and m the subs. 2, fourth line, so that the said subsection shall now read as follows: ^
(2) "Rateable property" when used in this Act or in any "Rateable by-law heretofore or hereafter passed which directs the levying of a rate on the rateable property in the municipality or any part of it, shall include business ^^^^ g^^^ assessment as defined by The Assessment Act. c. 272.
7. Subsection 6 of section 305 of The Municipal Act is Rev. stat.,
, , , ... , , , r K 1 . c. 266, s. 305.
amended by stnkmg out the words and figures subsections subs. 6, 4 and 5" in the first line and inserting in lieu thereof the word and figure "subsection 5", so that the said subsection shall now read as follows:
(6) In the cases provided for by subsection 5, the by-law Amount to shall provide for raising in each year in which an annually, instalment becomes due by a special rate on all the rateable property in the municipality, a specific sum sufficient to pay it when and as it becomes due.
8. Clause i of subsection 3 of section 307 of The Municipality- sta.t.
. . , , ^ o. 266, s. 307,
-(4 cMs repealed. . subs. 3, ci. »,
repealed.
90
9. Sections 360 and 361 of The Municipal Act are repealed.
Rev. Stat., o. 266, S8. 360. 361, repealed.
10. — (1) Subsection 1 of section 388 of The Municipal Act c. 266, 8. 388. is amended by striking out all the words after the word "apart- amended, ments" in the second line, so that the said subsection shall now read as follows:
Custody of gaolB.
(1) The sheriff shall have the care of the county gaol, gaol offices and yard and gaoler's apartments.
(2) Subsection 2 of the said section 388 is repealed and the
Rev. Stat..
Bubs. 2. re- 'following substituted therefor:
enacted.
Appointment of gaoler, etc.
(2) The Lieutenant-Governor in Council may appoint the gaoler, gaol surgeon and other gaol employees, and fix their salaries which shall be paid by the county or city, as the case may be.
Sick leave credits.
1947, o. 89.
(3) The county or city shall establish the same system of credits and payments for regular attendance of the gaoler and gaol employees, as is provided for in the regulations under The Public Service Act, 1947.
Workmen's compensa- tion.
Rev. Stat., O. 204.
(4) For the purposes of The Workmen's Compensation Act, every gaoler and gaol employee shall be deemed to be an employee of the county or city as the case may be.
"Qaol surgeon".
(5) For the purposes of subsections 3 and 4, a gaol surgeon shall be deemed not to be a gaol employee.
11. — (1) Paragraph 1 of section 404 of The Municipal
Rev. Stat.,
para. 1,' ' Act \s repealed and the following substituted therefor:
re-enacted.
Sports.
1. For aiding athletic or aquatic sports, and for making grants or gifts to persons in recognition of outstanding achievements in athletic, aquatic or other games or contests.
Rev. stDt.. (2) Paragraph 2a of the said section 404, as enacted by para. 2 o ' subsection 1 of section 48 of The Municipal Amendment Act, 8. 48 (i') ). ' 1946, is repealed and the following substituted therefor:
re-enacted.
Community programmes.
Rev. Stat., c. 356.
2a. For carrying on any community or joint community programme of recreation within the meaning of the regulations under The Department of Education Act, and for expending money or for granting money in aid for such purposes.
90
(3) The said section 404 is further amended by adding Rev. stat., thereto the following paragraph : amended* **
Oil Pipes, etc., on Highways. 4Sa. Notwithstanding any other Act, for laying, or main- Laying of
. . c .1 • • ^1 pipes for oil,
tammg, or tor authonzmg any person to lay, use or etc.
maintain pipes or conduits for transmitting gasoline,
oil, anti-freeze, brine or other similar products along,
under, in or upon highways or land owned by the
municipality; and for making such annual or other
charge for the privilege conferred as the council may
deem reasonable; and for entering into agreements
with persons for the use by them of such pipes or
conduits on such terms and conditions as may be
agreed upon.
(a) Such annual or other charge and any expense incurred by the corporation in restoring the highway to its former condition shall be pay- able and payment may be enforced in like manner as taxes.
(4) Every agreement now in force with respect to pipes or Present conduits that conforms with paragraph 48a of section 404 of
The Municipal Act, as enacted by subsection 3 of this section shall be deemed to have been made pursuant to the authority of the said paragraph.
12. — (1) Section 405 of The Municipal Act is amended by Rev. stat.. adding thereto the following paragraphs: amended.
Firemen, etc.
ZQh. For appointing fire wardens, fire engineers and EstabUsh- firemen and for promoting, establishing, and regu- companies, lating fire, hook-and-ladder, and property saving companies.
Pits and Quarries.
39b. For prohibiting the making of pits and quarries in pits and the municipality or regulating the location of them, "lu^^rries. provided that the making or locating of a pit or quarry in contravention of the by-law in addition to any other remedy may be restrained by action at the instance of the corporation.
Stables, etc.
Ijocation of Btahles, garages, etc.
44a. For regulating the location, erection and use of stables, garages, barns, outhouses and manure pits.
Marking the boundaries of and naming streets, etc.
Proceedings for changing names of streets.
Regulating traffic. Rev. Stat., c. 288.
Naming and Surveying Streets.
47c. To provide for surveying, settling and marking the boundary lines of highways and giving names to them or changing their names, and for affixing the names at the corners thereof, on public or private property.
(a) A by-law for changing the name of a highway shall not have any force or effect unless passed by a vote of at least three-fourths of all the members of the council, or until a copy of it certified under the hand of the clerk and the seal of the corporation has been registered in the registry office of the proper registry division.
(b) A by-law for changing the name of a highway
in a city or town shall state the reason for the change, and shall not be finally passed until it has been approved by a judge of the county or district court of the county or district in which the municipality is situate.
(c) The judge, on the application of the council,
shall appoint a day, hour and place for con- sidering the by-law, and for hearing those advocating and opposing the change.
(d) A copy of the by-law and of the appointment
shall be served on the registrar of the registry division in which the municipality is situate at least two weeks before the time appointed, and a notice of the application in such form as the judge may approve shall be published once in the Ontario Gazette at least two weeks before the time so appointed, and at least once a week for four successive weeks in such other newspaper or newspapers as the judge may direct.
(«) If the judge approves of the change he shall so certify and his certificate shall be registered with the by-law, and the change shall take effect from the date of the registration.
Traffic on Highways, etc., Driving of Cattle, etc.
47d. Subject to the provisions of The Highway Traffic Act for regulating traffic on the highways, and for pro-
90
hibiting heavy traffic as defined in the by-law and the use of traction engines and the driving of cattle, sheep, pigs and other animals during the whole or any part of the day or night in certain highways and public places named in the by-law, and for prohibiting traffic in any but one direction in highways which in the opinion of the council are too narrow for the passing of one vehicle by another or in which in the opinion of the council, it is desirable that traffic should be limited to one direction.
(a) A bv-Iaw under this paragraph mav provide a Expeditious
, r , , " - procedures
procedure tor the voluntary payment ot authorized
penalties out of court in cases w^here it is offences.' "^^
alleged that the parking provisions of the
by-law have been contravened, and if payment
is not made in accordance with the procedure
subsection 2 of section 521 shall apply.
47e. For setting aside and designating in a suitable Safety zones. visible manner, on any highway upon which street cars or buses are operated, any part or parts as a "safety zone" and for prohibiting motor or other vehicles from driving over or upon any such safety zone while any pedestrian is thereon or about to enter thereon.
Children Riding behind Vehicles.
63a. For prohibiting children from riding on the plat- prohibiting forms of cars, or riding behind or getting on waggons, rkimg^beifind sleighs or other vehicles while in motion, and for ^^^ss*^"^' ®*°- preventing accidents arising from such causes.
Sidewalks — Horses and Cattle upon.
63b. For prohibiting the leading, riding or driving of Driving, horses or cattle upon sidewalks or in other places not sidewalks! proper therefor.
Rev. Stat., (2) Paragraph 47a of the said section 405, as enacted by ^-^266^8.^405.
subsection 1 of settion 32 of The Municipal Amendment Act, (i947,
^ „ . ^ 'c. 69. s. 32,
1947 , IS repealed. subs, i),
repealed.
13. — (1) Paragraph 3 of section 407 of The Municipal A ct,SLS Rev. stat.,
amended by section 8 of The Municipal Amendment Act, 1938, para^3!Ve°^
is repealed and the following substituted theiefor: enacted.
3. For regulating, controlling and inspecting all hot air, Regulation hot water and steam heating plants and equipment, heating or any classes thereof, and the installation thereof ; equipment, and for requiring the production of plans of all installations of such plant and equipment and altera- tions or additions thereto, and for charging fees for
90
8
the inspection and approval of such plans, and fixing the amount of the fees; and for the issuing of a permit certifying to such approval and for requiring that without such permit no such plant and equipment may be installed, altered or added to.
S 26'6?8^467. (2) Paragraphs 10, 15, 39, 42, 44, 46, and paragraphs 47 and af^ll* 44* 46' ^^ ^^ amended by subsections 3 and 4 respectively of section 4?; 48. re- '51 of The Municipal Amendment Act, 1946, of the said section 407 are repealed.
(3) The said section 407 is further amended by adding o^266f8*467. thereto the following paragraph:
amended.
Strayed pigeons.
Strayed Pigeons.
53. For empowering officers of the municipality, upon the complaint of the owner or occupant of any premises, to enter upon such premises and the land and buildings in the vicinity thereof, for the purpose of trapping, removing or exterminating strayed pigeons which are causing annoyance to the owner or occupant or damages to such premises.
^2^6^ g^408, ^^- Clause b of paragraph 6 of section 408 of The Municipal (*f946^' *^'' * "^^^' ^^ re-enacted by section 52 of The Municipal Amendment 6o/s^^52), Act, 1946, is amended by inserting after the word "and" in the sixth line the words "the by-law may require that", so that the said clause shall now read as follows:
amended.
Ticket showing weight required.
Rev. Stat., o. 266, 8. 420, para. 14, amended.
{b) A by-law passed under this paragraph may require coal and other fuel dealers to make out a ticket showing the weight or quantity of the coal or other fuel purchased after the same is weighed or measured in accordance with the by-law, and the by-law may require that the amount so specified and the ticket shall be delivered to the purchaser.
15. — (1) Paragraph 14 of section 420 of The Municipal Act, as amended by subsection 3 of section l^of The Municipal Amendment Act, 1941, is further amended by inserting after the word "licenses" in the second line the words "and for revoking such licenses", and by adding at the end of clause a the words "or for washing or cleaning motor vehicles", so that the said paragraph shall now read as follows:
Public garages, — licensing, etc.
14. For licensing and regulating the owners of public garages, and for fixing the fees for such licenses, and for revoking such licenses, and for imposing penalties for breaches of such by-law and for the collection thereof.
90
(a) For the purpose of this paragraph, a public garage shall include a parking station or a parking lot or a building or place where motor vehicles are hired or kept or used for hire or where such vehicles or gaso- line or oils are stored or kept for sale, and a building or place used as a motor vehicle repair shop or for washing or cleaning motor vehicles.
(2) The said section 420 is further amended by adding Rev. stat.,
, ^ , f „ . , ^ " c. 266.8. 420,
thereto the tollowmg paragraph: amended.
Licensing Public Baths.
16a. For licensing, regulating and governing owners or Public bath keepers of any class or classes of public bath premises operated for profit, and for revoking any such license.
16. — (1) Paragraphs 7, 9 and 10, paragraph 10a as enacted ^®2'6'6^s^423. by subsection 3 of section 54 of The Municipal Amendment Act, \q^^xq]' ^' 1946, paragraphs 11, 12 and 13, and paragraph 13a as enacted ^^V'^\o< ^^' by subsection 3 of section 54 of The Municipal Amendment 'i^^. ^2, 13', Act, 1946, of section 423 of The Municipal Act are repealed. (i946, c. eo,
S. 54 (3) ), repealed.
(2) Paragraph 16 of the said section 423, as amended by Rev. stat., subsection 2 of section 54 of The Municipal Amendment -^^^ pa^a^il' *^^' 1946, is further amended by striking out the figure "4" in ai^ended. the second line, so that the said paragraph shall now read as follows:
16. For exercising the powers conferred on cities and ^nd lend^ing towns by paragraphs 12 and 13 of section 414. libraries.
17. Paragraph 12 of section 425 of The Municipal Act is Rev. stat., amended by striking out all the w^ords after the word "thereof" para. 12', in the third line, so that the said paragraph shall now read ^"^^"^ ® • as follows:
12. For erecting and maintaining weighing machines Erecting within the municipality or within an adjacent tainin^g''^" village, and charging fees for the use thereof. nxsichlnis.
18. — (1) Clauses/ and g of section 426 of The Municipal ^e:v stat
A , * t c. 266, s. 426,
Act are repealed. ci.s. /, g,
repealed.
(2) Clause h of the said section 426 is amended by striking Rev. stat., out the word "Junk" in the first line and inserting in \ieu^[^ff'^-'^^^' thereof the word "Salvage", so that the said clause shall now a'"®"'^®^- read as follows:
(h) Section 430, under the heading "Salvage and Second- hand Shops, etc."
on
10
c^Y66?*8!*428 •^®- Section 428 of The Municipal Act, as enacted by sec- cHt^'s 41) ^*^" ^^ ^^ ^^^ Municipal Amendment Act, 1947, is amended by amended. ' adding thereto the following paragraph:
keTpVrs!^'^^ 3. For licensing, regulating and governing persons keeping
boats for hire, and for regulating and inspecting boats kept by such person, and for revoking any such license.
Rev. Stat.. 20. — (1) Clause a of paragraph 1 of section 433 of The para. i.ci. a Municipal Act, as re-enacted by subsection 2 of section 42 of c. ggI's. 42. The Municipal Amendment Act, 1947, is amended by adding ame'iided. the word "or" at the end of subclause iii, and by adding thereto the following subclauses:
(iv) if the goods, wares or merchandise are hawked, peddled or sold by a person who pays business tax in the municipality, or by his employee, or by his agent, or
(v) if the goods, wares or merchandise are hawked, peddled or sold by an agent of the grower, producer or manufacturer, acting on behalf of a dealer who pays business tax in the municipality in respect of premises used for the sale of such goods, wares or merchandise.
so that the said clause shall now read as follows:
When license (a) No such license shall be required for hawking, peddl-
not required. ^ . ... , ^ i i-
mg or sellmg goods, wares or merchandise,
(i) to wholesale or retail dealers in similar goods, wares or merchandise, or
(ii) if the goods, wares or merchandise are grown, produced or manufactured in Ontario and are hawked, peddled or sold by the grower, producer or manufacturer or his agent or employee having written authority so to do, in the municipality in which the grower, producer or manufacturer resides, or
(iii) if the goods, wares or merchandise are grown or produced by a farmer resident in Ontario who offers for sale or sells only the produce of his own farm, or
(iv) if the goods, wares or merchandise are hawked , peddled or sold by a person who pays business tax in the municipality, or by his employee, or by his agent, or
90
11
(v) if the goods, wares or merchandise are hawked, peddled or sold by an agent of the grower, producer or manufacturer, acting on behalf of a dealer who pays business tax in the muni- cipality in respect of premises used for the sale of such goods, wares or merchandise.
(2) Clause g of paragraph 1 of the said section 433 is am- ^ 2^66^3^4^3 ended by striking out all the words after the word "resided" para, i.'ci. «,' in the seventh line and inserting in lieu thereof the words "but no license fee in excess of S2 shall be prescribed in the by- law without the approval of the Department of Municipal Affairs", so that the said clause shall now read as follows:
(g) The fee to be paid for the license under by-laws Fees, passed under this paragraph may be lower in the case of persons who have resided continuously within the municipality for which the license is sought for at least one year prior to the application therefor than in the case of persons who have not so con- tinuously resided, but no license fee in excess of $2 shall be prescribed in the by-law without the approval of the Department of Municipal Affairs.
21. — (1) Paragraph 3g of section 439 of TJie Municipal^^2QQ'^^\hQ Act, as enacted by section 59 of The Municipal AmendmentP^^^-^s Act, 1946, is amended bv adding thereto the following clause: c- so.'s. 59).
amended.
{b) No by-law prescribing a license fee,
(i) in excess of $10 per cabin with a maximum of $100, for a tourist camp, or
(ii) in excess of $100 for a trailer camp,
shall come into force or take effect until approved by the Department of Municipal Affairs.
(2) Paragraph 5 of section 439 of The Municipal Act isRev. stat..
J J U : -I • ^ ^u J <<• " • ^L .L- , c. 266,8.439.
amended by strikmg out the words mcome or m the third para. 5. line, so that the said paragraph shall now read as follows: ^men e .
5. For licensing, regulating and governing transient Licensing traders and other persons whose names have notiating been entered on the assessment roll in respect of traders" business assessment for the then current year, and who offer goods, wares or merchandise for sale by auction, conducted by themselves or by a licensed auctioneer or otherwise, or who offer them for sale in any other manner.
90
12
^®26-6fs*439. (^) Paragraph 6 of the said section 439 is amended by
amended Striking out the words "income or" in the third line, so that
the first five lines of the said paragraph shall now read as follows:
as^to'obTaln- ^- Fo^ requiring transient traders and other persons
before^dofng whose names are not entered on the assessment roll
business. or are entered on it for the first time, in respect of
business assessment, and who so offer goods, wares or merchandise for sale, to pay a license fee before com- mencing to trade.
J'^/eef 8^440. 22. Paragraph 2 of section 440 of The Municipal Act is amended amended by striking out the word "junk" in the first line and
inserting in lieu thereof the word "salvage", so that the said
paragraph shall now read as follows:
Salvage shops buy- ing from minors.
Rev. Stat., c. 266. 8. 507, para. 3, amended.
Areas and openings under higbways.
2. For prohibiting keepers of second-hand shops or salvage
stores or shops, directly or indirectly purchasing from, exchanging with, or receiving in pledge from any minor appearing to be under the age of eighteen years, without written authority from a parent or guardian of such minor, any metals, goods, or articles.
23. Paragraph 3 of section 507 of The Municipal Act is amended by inserting after the word "sidewalks" in the ninth line the words "and canopies which project over the side- walks", and by inserting after the word "device" in the fourth line of clause b thereof the words "or canopy", so that the said paragraph shall now read as follows:
3. For permitting the owners of land to make, maintain
and use areas under and openings to them in the highways and sidewalks and for permitting the owners of land abutting on one side of a highway to construct, maintain and use a bridge or other structure over, across or under the highway for the purpose of access to land owned by such owners on the other side of the highway, and for permitting the owners of land to maintain and use signs and other advertising devices which project over the sidewalks, and canopies which project over the sidewalks, for prescribing the terms and conditions upon which the same shall be made, constructed, maintained and used, and for making such annual or other charge for the privilege con- ferred by the by-law as the council may deem reason- able, and for providing that upon the termination of such privilege the highway shall be restored to its former condition at the expense of the owner of the land to which the privilege is appurtenant by filling • in the area or opening, removing the bridge, structure, sign or other advertising device, or otherwise as may be required by the by-law.
90
13
(a) Such annual or other charge and any expense Annual
• A u 4.U ..' ' ^ ■ ^u charge for.
incurred by the corporation m restoring the highway to its former condition shall be payable and payment of it may be enforced in like manner as taxes are payable and payment of them may be enforced.
(b) The corporation shall be liable for any want Liability of
r • r ^1 1 • t 1-1 1^ r corporation
oi repair oi the highway which may result from for damages.
the construction, maintenance and use of any
such area or opening, bridge or structure,
sign or advertising device, or canopy, but
shall be entitled to the remedy over provided
for by section 486 against the person by
whose act or omission the want of repair is
caused.
24. Section 525 of The Municipal Act, as amended byRev. stat.. section 48 of The Municipal Amendment Act, 1944 and re-ena'cted^^* section 67 of The Municipal Amendment Act, 1946, is repealed
and the following substituted therefor:
525. Where any by-law of .a municipality or of a local Power to
rGstr3,iii
board thereof, passed under the authority of this or by action. any other general or special Act, is contravened, in addition to any other remedy and to any penalty imposed by the by-law, such contravention may be restrained by action at the instance of a ratepayer or the corporation or local board.
25. This Act shall come into force on the 1st day of June, ^e™|."^f'^^®t 1948.
26. This Act may be cited as The Municipal Amendment Short tme. Act, 1948.
90
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No. 91
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Vital Statistics Act, 1948.
Mr. Dunbar
fr
TORONTO Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
Explanatory Notes
This Bill is a revision of the present Act with little change in principle, but with a considerable enlargement of the scope of the Act and changes designed to bring the procedure into line with modern conditions and to collect centrally as complete a record as possible of all births, marriages, deaths, still-births, divorces, adoptions and changes of name. The Bill also implements certain suggestions made at the Dominion-Provincial Conference on Vital Statistics held in Ottawa in 1944 and 1947.
The provision for a registration system for adoptions and divorces is new in that in the past the practice has simply been to make notations on the birth and marriage registrations without making an actual registration of adoptions and divorces. The registration of changes of names is trans- ferred from the Registrar of the Supreme Court to the Registrar-General in accordance with the principle that all vital records should be kept in one place.
A further principle is contained in the provisions respecting certificates. Henceforth no birth certificate will show the parents of the child, and conse- quently will not show that a child is illegitimate or has been adopted. Where a child is adopted, any birth certificate issued thereafter will show the adopted name only. Cause of death will not be shown on a death certificate. These particulars will be shown only on certified copies of registrations, and certified copies of registrations of births, deaths or still- births will not be obtainable except on an order of a court or of the Registrar- General.
A further principle is that registrations will not be evidence to contra- dict the common law presumption of legitimacy where a child is born to a married woman. This principle is implemented in subsections 3 and 4 of section 6 and in subsection 4 of section 41.
Provision is also made for an exchange of information with other jurisdictions in the case of adoptions, and with other provinces in the case of divorces, so that where persons whose births or marriages are registered in Ontario are adopted or divorced elsewhere, the registrations may be kept up to date.
No alteration shall be made in a registration itself, but errors may be corrected and adoptions, changes of names and divorces shall be noted on the registration by means of notations.
The fees payable to division registrars in unorganized territory are increased from twenty-five cents per registration to fifty cents per regis- tration.
91
No. 91 ' 1948
BILL
The Vital Statistics Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
INTERPRETATION.
1. In this Act,— l^tioT-
(a) "birth" means the complete expulsion or extraction "birth"; from its mother of a foetus which did at any time
after being completely expelled or extracted from the mother breathe or show any other sign of life, whether or not the umbilical cord was cut or the placenta attached;
(b) "cemetery" includes a vault, a mausoleum and any "cemetery"
land which is set apart or used for the interment of the dead or in which bodies are buried; R.S.O. 1937, c. 88, s. 1, cl. (a), amended.
(c) "cemetery owner" includes the person who is in o^®,^®"^'"^
charge of a cemetery or crematorium under the authority of the owner thereof;
(d) "certificate" means a certified extract of the pre- "certiflcats* scribed particulars of a registration in the records
of the Registrar-General;
(e) "cremation" means the disposal of a dead body by ^^g''®"^^^*^^"'
incineration under The Cemetery Act, c. 351.
(/) "Deputy Registrar-General" means the Deputy ^^eputy^^ Registrar-General appointed under this Act; General" ;
(g) "division registrar" means division registrar ap- J.^^^gj^^^^'^^".. pointed under this Act and includes an Indian- agent ;
91
'divorce";
"error";
(h) "divorce" means dissolution and annulment of mar- riage and includes nullity of marriage;
(i) "error" means any incorrect information and includes omission of information; New.
"funeral director";
"incapable";
(j) "funeral director" means a person who takes charge of the body of a still-born child or a deceased person for the purpose of burial, crenvation or other dis- position; 1942, c. 34, s. 40 (1), amended.
(k) "incapable" means incapacity through death, illness, absence from Ontario or otherwise;
"Indian"; (/) "Indian" means an Indian within the meaning of
R.s.c.c. 98. the Indian Act (Canada) but does not include an
enfranchised Indian;
"Indian- agent";
"inspector";
(m) "Indian-agent" means an Indian-agent within the meaning of the Indian Act (Canada); New.
(w) "inspector" means an inspector of vital statistics appointed for the purposes of this Act; R.S.O. 1937, c. 88, s. 1, cl. (c), amended.
"notation";
"munici- pality";
"nurse";
(o) "notation" means any addition to, or alteration of, a registration in the records of the Registrar-General or a division registrar; New.
(p) "municipality" means a city, town, village, organ- ized township^or improvement district; R.S.O. 1937, c. 88, s. 1, cl. (d), amended.
(q) "nurse" includes any person, other than a legally qualified medical practitioner, who attends at the birth of a child; R.S.O. 1937, c. 88, s. 1, cl. (e), amended. '
"occupier";
"prescribed form";
(r) "occupier" includes a governor, keeper, warden, superintendent, manager or resident physician of any gaol, prison, penitentiary or other place of detention, a children's home or orphanage, a public or private medical, surgical, maternity or mental hospital, or any public or private charitable institution, a manager of an hotel, and a keeper of a house for public accommodation, a tourist camp or other stopping-place for j)ersons; R.S.O. 1937, c. 88, s. 1, cl. (/), amended.
(s) "prescribed form" means the form prescribed by the regulations; R.S.O. 1937, c. 88, s. 1, cl.(g), amended.
91
(/) "Registrar-General" means the member of the Ex- Q^^gi^strar- ecutive Council who is charged with the adminis- tration of this Act; R.S.O. 1937, c. 88, s. 1, cl. {h), amended.
(u) "religious body" means a church or any religious ^o^'y^i^"® denomination, sect, congregation or society.
(v) "state" means any state or territory of the United "state"; States of America, or the District of Columbia; and
New.
(w) "still-birth" means the complete expulsion or ex- "stiii-birth' traction from its mother after the twenty-eighth week of pregnancy of a foetus which did not at any time after being completely expelled or extracted from the mother breathe or show any other sign of life. 1943, c. 28, s. 40, part, amended.
ADMINISTRATION.
2. — (1) The Registrar-General shall direct a uniform system uniform of registration of births, marriages, deaths, still-births, adop- ^elistration. tions, divorces and changes of name in Ontario, and shall be charged with the enforcement of the provisions of this Act. R.S.O. 1937, c. 88, s. 8 (1), part, amended.
(2) The Registrar-General shall cause the registrations of ^®^^|*^j^j^j^[^ births, marriages, deaths, still-births, adoptions, divorces and ]i®'"®.^^^^ changes of name occurring in Ontario and received in his office General.
to be numbered in seven separate series and otherwise syste- matically filed according to each calendar year in accordance with the regulations and carefully kept in vaults provided for that purpose.
(3) The Registrar-General shall cause the said registrations indexing. to be indexed separately according to each calendar year, and
each index shall contain the numbers and such other particulars of the registrations as may be prescribed by the regulations. R.S.O. 1937, c. 88, s. 10, amended.
3. — (1) The Registrar-General shall examine the registrations Examination received from the division registrars, and if the registrations t^Q^I^^^*'"^' are incomplete or unsatisfactory, he shall require such informa- tion to be supplied as may be necessary to complete the registration. R.S.O. 1937, c. 88, s. 8 (2), amended.
(2) Where it is found upon examination that any registra- Registrations tion received from a division registrar is incomplete as to the^° ^^^^^
91
required signatures, the Registrar-General shall cause the registration to be returned by registered mail to the proper division registrar in order that the signatures may be obtained.
(3) The Registrar-General shall cause all deaths registered
Classifica- tion by International under this Act to be classified according to the International
Causes of List of Causes of Death as revis(?d at the last decennial
revision thereof by the International Commission assembled
for that purpose and he shall supply free of charge to every
legally qualified medical practitioner in Ontario a Physician's
Pocket Refei'ence Book explanatory of such list.
of^Registrar- ('^) ^^^ Registrar-General may collate, pub'ish and dis- Oenerai. tribute such Statistical information regarding the births, mar- riages, deaths, still-births, adoptions, divorces and changes of name registered during any period as he may deem to be necessary and in the public interest. New
Annual report of Registrar- Oeneral.
(5) As soon after the 1st day of January in each year as convenient, the Registrar-General shall cause to be printed, for the use of the Legislative Assembly and for public informa- tion, a full report of the births, marriages, deaths, still-births, adoptions, divorces and changes of name for the preceding calendar year. R.S.O. 1937, c. 88, s. 4, amended.
by^RegisTrar- (6) The Rcgistrar-Geucral shall prepare and issue to every Qenerai. division registrar such detailed instructions as may be required to procure the uniform observance of the provisions of this Act. R.S.O. 1937, c. 88, s. 8 (1), part, amended.
Deputy
Registrar- General.
1947, C.89.
4. — (1) There shall be a Deputy Registrar-General ap- pointed by the Lieutenant-Governor in Council who shall be deemed to be a deputy minister under The Public Service Act, 1947, and who shall have direct supervision of the office of the Registrar-General and be directly responsible to the Registrar-General for the conduct of his office, and shall perform such other duties as may be prescribed by the regula- tions or delegated to him by the Registrar-General. New.
Appointment (2) The Lieutenant-Governor in Council may appoint inspectoral. ° inspectors of vital statistics for the purpose of this Act, who shall perform such duties as may be prescribed by the regula- tions. R.S.O. 1937, c. 88, s. 3, amended
REGISTRATION OF BIRTHS.
Duty of 5. — (1) Every legally qualified medical practitioner who
practitioner, attends at the birth within Ontario of a child shall give notice of the birth.
91
(2) Where no legally qualified medical practitioner is in Duty of attendance at the birth, the nurse in attendance shall give the notice of the birth.
(3) The notice of the birth shall be in the prescribed form Mode of and shall be given by delivering or mailing the notice within noYicf. two days after the day of birth to the division registrar of the registration division within which the child was born. R.S.O.
1937, c. 88, s. 20, amended.
(4) The notice so given shall be transmitted by the division Notice to be registrar to the Registrar-General and preserved by the Registrar-General until such time as the registration of the
birth has been completed under this Act. New.
6.— (1) Within thirty days after the day of the birth g*^b*h-th.''* within Ontario of a child, —
(a) the mother;
{h) if the mother is incapable, the father;
{c) if the mother and father are incapable, the person standing in the place of the parents of the child; or
{d) if the mother and father are incapable and there is
> no person standing in the place of the parents of the
child, the occupier of the premises in which the child
is born, if he has knowledge of the birth, and the
nurse or other person present at the birth,
shall complete, certify and deliver or mail a statement in the prescribed form respecting the birth to the division registrar of the registration division within which the child was born, provided that the Registrar-General may accept the statement of the father although the mother is not incapable. R.S.O. 1937, c. 88, s. 21 (1, 2), amended.
(2) Notwithstanding the provisions of subsection 1, the Xo duty on father of an illegitimate child shall not be required to register jfiegftimate the birth of such child. register.
(3) The statement shall state whether the mother of the contents of child is single, married, widowed or divorced, but shall not®*^*®'"®"*- state whether the parents of the child are married to each
other.
(4) No indication of the paternity of the child shall be given ^ji[*j^t°*^ in the registration of the birth of a child of a married wom.an, married but the particulars of the husband may be given, provided
that the statement shall not be rendered unreceivable by reason only of failure to supply the particulars of the husband. New.
91
Name of
illegitimate
child.
(5) In the registration of the birth of a child of an un- married woman, the child shall be registered in the name of the mother and no person shall be named as the father, pro- vided that where the person acknowledging himself to be the father and the mother so request in writing, the father may. be named and the child registered in the name of the father in accordance with the request, and if such request is made after the registration of the birth the Registrar-General may aiiiend the registration in accordance with the request by making a notation thereon. R.S.O. 1937, c. 88, s. 23 (1), amended.
Plural births.
(6) If more than one child is delivered from the mother during a single confinement, a separate statement for each child shall be completed, certified and delivered or mailed as provided in subsection 1, and in each statement the number of children born during the confinement and the number in the order of birth shall be given. New.
Violation. y jf ^j^^ statement respecting the birth of a child is not
completed, certified and delivered or mailed in the manner and within the time provided in section 6, every person upon whom the duty of completing, certifying and delivering or mailing the statement is imposed by section 6 shall remain liable to perform that duty notwithstanding the expiration of the time so provided, and shall, in respect of each successive period of thirty days thereafter during which he neglects so to complete, certify and deliver or mail the statement, be guilty of a violation of this Act. New.
8. — (1) Upon receipt, within one year from the day of the birth of a child, of a statement in the prescribed form respect- ing the birth, the division registrar if he is satisfied as to the correctness and sufficiency thereof, shall register the birth by signing the statement, and thereupon the statement shall constitute the registration of the birth. R.S.O. 1937, c. 88, s. 25, amended.
Acknovviedg- (2) Upon the registration of a birth, the division registrar registration, shall issue to the person registering the birth, without charge, an acknowledgment of the registration of the birth in the prescribed form. R.S.O. 1937, c. 88, s. 21 (3), amended.
Registration of birth.
Not a certificate.
(3) The acknowledgment of registration of a birth shall not be deemed to be or be used in any way as a birth certificate.
register after (^^ ^ division registrar shall not register a birth after one one year. year from the day of the birth, R.S.O. 1937, c. 88, s. 42, part, amended.
of^blrth'b^" ^- — (^) '^ ^^^ ^•''^^ °^ ^ ^^''^ ^^^ "^^ ^^^" registered within Registrar- one year from the day of the birth, application for the registra-
91
tion of the birth ma}* be made to the Registrar-General in the prescribed form b>' the person whose birth has not been registered or by any other person.
Method of
(2) The appHcation shall be accompanied by,— fo^r''fS-°"
tration.
(a) the prescribed fee;
(b) the statement provided for in subsection 1 of section
6, completed and certified;
(c) a statutory declaration in the prescribed form by the
applicant or any other person; and
(d) such other evidence as may be prescribed b}- the
regulations.
(3) If the Registrar-General is satisfied as to the bona tion fee. fides of the application and the correctness and sufficiency
of the evidence adduced in support thereof, and that the regulations have been complied with, he may register the birth by signing the statement, and thereupon the statement shall constitute the registration of the birth. R.S.O. 1937, c. 88, s. 42, part, amended.
10. — (1) If a living new-born child is found deserted, the ^""^ ^"^^' person w^ho finds the child and any person in whose charge the child is placed shall give to the best of his knowledge and belief to the division registrar of the registration division within which the child is found, within seven days after the finding or taking charge of the child, such information con- cerning the birth of the child as the informant may possess. R.S.O. 1937, c. 88, s. 22, amended.
(2) The division registrar, upon receipt of such information ^1"*'?^,^°'^ regarding the birth of the child, and upon being satisfied that registrar, every effort has been made to identify the child without success shall, —
(a) cause the person who found or has charge of the child to complete a statutory declaration concerning the facts of the finding of the child and to complete and certify, so far as the person is able, a statement in the prescribed form required under subsection 1 of section 6;
(b) cause the child to be examined by the local medical
officer of health or a legally qualified medical prac- titioner with a view to determining as nearly as possible the day of the birth of the child, and the
91
8
examiner shall make a statutory declaration setting forth the facts as determined by the examination; and
Fee.
(c) make a detailed report of the case and transmit the report to the Registrar-General together with evidence regarding the birth of the child.
(3) A legally qualified medical practitioner shall receive a fee of S5 for the examination under clause b of subsection 2, which fee shall be paid by the Treasurer of Ontario out of the Consolidated Revenue Fund.
Registration of birth of foundlings.
(4) The Registrar-General, upon receipt of the evidence referred to in subsection 2, shall review the case and upon being satisfied as to the correctness and sufficiency of the facts stated, shall register the birth and for the purpose of regis- tration shall establish for the child, —
Subsequent registration if child identified.
(a) a date of birth;
(b) a place of birth ; and
(c) a surname and given name.
(5) If, subsequent to the registration, the identity of the child is established to the satisfaction of the Registrar- General, he may by order set aside the registration made pursuant to this section and cause the substitution of a new registration of the birth in accordance with the actual facts of the birth, and cause the original registration to be with- drawn from the registration files and kept in a separate file and sealed.
Date of registration.
(6) Where the identity of the child is established and a new registration is made pursuant to subsection 5, the date of the new registration shall be the date of the original regis- tration.
Cancella- tion of cer- tificates.
(7) The holder of a certificate issued in respect of a registra- tion of a birth made pursuant to subsection 4, which registra- tion has been withdrawn pursuant to subsection 5, shall deliver it forthwith upon demand to the Registrar-General for cancellation. New.
?f®chnd^*'°" 11. — (1) Where a child has been legitimated by the sub- leKitimated sequent intermarriage of his parents, then upon the parents, —
quent
marriage. (^^ completing and certifying the statement required
under subsection 1 of section 6;
(b) delivering the statement, together with such evidence
91
as to the legitimation as is required by the regulations, to the Registrar-General; and
(c) paying the prescribed fee, the Registrar-General shall, —
(d) register the birth as if the parents had been married
to each other at the time of the birth; and
(e) make a notation on the statement that the registra-
tion was made under this section,
and the statement shall constitute the registration of the birth, provided that upon proof that one of the parents is dead or mentally incapable, the application may be made by the other parent.
(2) Where the birth of the child has been registered before Original
1 • 1 • • 1 • • 1 11 1 -11 r registration
the marriage, the origmal registration shall be withdrawn from to be with- the registration files and shall be kept in a separate file and sealed. 1939, c. 47, s. 33, amended.
12. — (1) Where the birth of a child has been registered, Alteration
J * ' of given
and, — name of
child.
(a) the given name by which the child was registered has been changed; or
(b) the child was registered without a given name,
the Registrar-General, upon payment of the prescribed fee and upon receipt of a statutory declaration containing such particulars as may be prescribed by the regulations as to the change or giving of the given name, completed by the father, mother or guardian of the child, or the person procuring the name to be changed or given, shall cause a notation of the alteration or addition to be made on the registration of the birth.
(2) Where the change of the given name is effected by Baptismal baptism, a certificate of baptism signed by the person who to be filed, performed the rite of baptism shall be filed with the statutory declaration. R.S.O. 1937, c. 88, s. 27 (1), amended.
(3) This section shall apply only where the given name of Applicability the child was changed or the new name given within ten
years after the birth of the child.
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10
on'auera'-" ('*) ^** notation shall be made in a registration regarding tions to the given name of a child except in the manner prescribed in
given name. t • < , • . <■ . • »
subsection 1, or pursuant to the provisions of this Act in resp)ect of adopted children, changes of names and correction of errors.
Notation to (^) Every notation made pursuant to this section shall be i'lfittaUed ^"*^ dated and initialled by the officer designated by the regula- tions.
Changes to be shown on certificate.
(6) If subsequent to the making of a notation pursuant to this section application is made for a birth certificate, the certificate shall be prepared as if the registration had been made containing the changed or new given name at the time of registration, but if a certified copy of the registration is re- quired, the certified copy shall contain a copy of the notation made pursuant to subsection 1. New.
REGISTRATION OF STILL-BIRTHS.
Statement re still-births.
Medical certificate.
13. — (1) In the case of a still-birth within Ontario, the person who, in the case of a birth, would have been required to furnish particulars of the birth under subsection 1 of section 6, shall complete, certify and deliver a statement in the pre- scribed form respecting the still-birth to the funeral director in charge of the body.
(2) The legally qualified medical practitioner in attendance at a still-birth, or where there is no legally qualified medical practitioner in attendance, a coroner shall complete a medical certificate in the prescribed form of the cause of the still-birth and shall deliver it to the funeral director in charge of the body,
funerai*^ (3) Upon receipt of the statement and the medical certifi-
director. cate, the funeral director shall complete the statement setting forth the proposed date and place of burial, cremation or other disposition or the removal of the body and shall deliver the statement and medical certificate to the division registrar of the proper registration division.
of®8tm-^*^°" (4) Upon receipt of the statement and the medical certifi- birth. catg thg division registrar, if he is satisfied as to the correctness
and sufficiency thereof, shall register the still-birth by signing the statement and medical certificate and thereupon the statement and medical certificate shall constitute the regis- tration of the still-birth.
Burial permit.
(5) Upon the registration of a still-birth, the division registrar, without the payment of any fee, shall forthwith prepare and deliver to the person requiring the same for the
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11
purpose of the burial, cremation or other disposition or removal of the body of the still-born child, —
(a) an acknowledgment that the still-birth has been
registered ; and
(b) a burial permit for the purpose of the burial or other
disposition of the body.
(6) Subject to the provisions of this section, sections 5 to 9, of^s^/s^srii. 11 and 16 to 23 shall apply mutatis mutandis to still-births. 16-23. 1943, c. 28, s. 40, amended.
REGISTRATION OF MARRIAGES.
14. — (1) In addition to any registration of a marriage Marriages, required under The Marriage Act, every marriage that isRev. stat.. solemnized within Ontario shall be registered under this Act.
New.
(2) Every person authorized by law to solemnize marriages Person shall complete a statement in the prescribed form as to each to complete marriage solemnized by him, which statement shall be signed of^marr^ge. by each of the parties to the marriage and by at least two adult witnesses to the marriage, and the person by whom the mar- riage was solemnized shall certify in such statement as to the solemnization of the marriage.
(3) The person by whom the marriage was solemnized shall f*^^!"^^"^ mail or deliver to the division registrar within two days after delivered
, , . , . , . , . -within two
the day of the marriage, the statement respecting the marriage, days. R.S.O. 1937, c. 88, s. 29 (1), amended.
(4) Upon the receipt, within one year from the day of the Registration solemnization of a marriage, of a statement in the prescribed °^ "carnage. form respecting the marriage, the division registrar if he is satisfied as to the correctness and sufficiency thereof, shall register the marriage by signing the statement, and thereupon
the statement shall constitute the registration of the marriage.
(5) Upon receipt of the statement by the division registrar. Receipt for he shall mail to the person by whom the marriage was solem- nized, an acknowledgment of the receipt in the prescribed
form.
(6) A division registrar shall not register any marriage Time after one year from the day of the marriage. New. limitation.
15. If a marriage has not been registered within one year ^®gj|^^^*''''^ from the day of the marriage, the registration may be made by by Registrar- the Registrar-General upon such evidence as may be prescribed by the regulations. R.S.O. 1937, c. 88, s. 42, part, amended.
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12
REGISTRATION OF DEATHS.
registration l^- — (0 ^ he death of every person who dies within of deaths. Ontario shall be registered in the office of the division registrar of the registration division within which the death occurs, or if the place of death is not known then in the office of the division registrar of the registration division within which the body is found. New.
respecti'ng^ (2) A Statement in the prescribed form containing personal deceased. particulars of the deceased person shall, upon the request of the funeral director in charge of the body, be completed, certified and delivered to the funeral director, —
(a) by the nearest relative present at the death or last illness, or any relative who may be available;
{h) if no relative is available, by the occupier of the premises in which the person died, or if the occupier be the person who has died, by any adult person residing in the premises who was present at the death or has knowledge of the personal particulars;
(c) if the death occurred in unoccupied premises and no relative is available, by any adult person who was present at the death or has knowledge of the personal particulars; or
{d) by the coroner who has been notified of the death and has made an inquiry or held an inquest regarding the death. R.S.O. 1937, c. 88, s. 3i, amended.
tiffca't^e^' ^^^' (^) ^^^ legally qualified medical practitioner who was last in attendance during the last illness of a deceased person, the coroner who conducts an inquest on the body of a deceased person or an inquiry into the death of a person or the local medical officer of health who makes an investigation as provided in subsection 2 of section 19 shall, forthwith after the death, inquest, inquiry or investigation, as the case may be, complete and sign a medical certificate of death in the prescribed form for the purpose of registration of death, stating therein the cause of death according to the International List of Causes of Death as last revised by the International Commission called for that purpose, and shall deliver the medical certificate of death to the funeral director in charge of the body. R.S.O. 1937, c. 88, s. 32, amended.
Particulars to be stated in certifi- cate.
(4) The legally qualified medical practitioner, coroner or local medical officer of health shall in his certificate state that he has viewed the body of the deceased. New.
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13
(5) Upon receipt of the statement containing the personal jP^ty^o*" particulars and the medical certificate of death, the funeral director, director shall complete the statement containing personal particulars, setting forth the proposed date and place of burial, cremation or other disposition or the removal of the body and shall deliver the statement and the medical certificate to the division registrar of the proper registration division. New.
17. — (1) Upon the receipt, within one year from the dayRegistra- of the death of a person, of the statement containing the death by personal particulars and the medical certificate, the division registrar, registrar, if he is satisfied as to the correctness and suffi- ciency thereof, shall register the death by signing the state- ment and medical certificate, and thereupon the statement and medical certificate shall constitute the registration of the death.
(2) A division registrar shall not register any death after Time one year from the day of the death. New.
(3) Upon the registration of a death, the division registrar, Duty of without the payment of any fee, shall forthwith prepare and registrar, deliver to the funeral director requiring the same for the purpose of the burial, cremation or other disposition or the removal of the body of the deceased person, —
(a) an acknowledgment that the death has been registered; and
{h) a burial permit for the purpose of the burial or other disposition of the body. R.S.O. 1937, c. 88, s. 37, amended.
18. — (1) If a death has occurred and it is impracticable Registration to register the same, by reason of distance, with the division registration registrar of the proper registration division, registration of '^'^'°"- the death may be made with the nearest division registrar who, upon payment of the prescribed fee, shall register the same and issue an acknowledgment of registration of death and a burial permit and such division registrar shall forward the registration of the death to the division registrar of the proper registration division. R.S.O. 1937, c. 88, s. 34 (1), ametided.
(2) Where a death has been registered in accordance with ^^^ for
, . ... . , . registration
subsection 1, the division registrar who registers the death in another shall be entitled to the fee for his own use. R.S.O. 1937, c. 88, s. 34 (2), amended.
19. — (1) If there is reason to believe that a person has^ofg^gg'^ died as a result of violence or misadventure or by unfair o"" "^'^^d-
•^ venture.
means or from any cause other than disease, or as a result of 91
14
negligence, malpractice or misconduct on the part of others or under such circumstances as require investigation, no acknowledgment of registration of death and no burial per- mit shall be issued by the division registrar unless, —
1948. c. —
(a) the body has been examined by a coroner and the coroner has made inquiry into the circumstances of the death or held an inquest as provided by The Coroners Act, 1948;
(b) the coroner has signed the medical certificate of death; and
Death with- out medical attendance.
(c) the other provisions of this Act regarding registration of death have been complied with. R.S.O. 1937, c. 88, s. 36, amended.
(2) Where there is no legally qualified medical practitioner in attendance during the last illness of a deceased person and there is no reason to believe that the death occurred under any of the circumstances set forth in subsection 1, the funeral director shall notifv' the local medical officer of health and refer the case to him for immediate investigation, R.S.O. 1937, c. 88, s. 32 (2), amended.
Reference to coroner.
Coroner's warrant to bury.
(3) If the legally qualified medical practitioner referred to in subsection 3 of section 16, or the local medical officer of health referred to in subsection 2, cannot determine the cause of death, or where the circumstances of the case indicate that the death occurred under any of the circumstances set forth in subsection 1 , the case shall be referred by either of them to the coroner for investigation. New.
(4) Where a person has died under any of the circumstances referred to in subsection 1 or 3 and it is impossible for the coroner to complete a medical certificate of the cause of death, the coroner may issue his warrant to bury as provided by The Coroners Act, 1948, and the division registrar shall issue, on the delivery to him of the warrant to bury the body, a burial permit, and the coroner shall, within two days of his deter- mining the cause of death, or of the completion of his investiga- tion, issue and deliver or mail the medical certificate of death to the division registrar of the registration division in w'hich the death occurred. R.S.O. 1937, c. 88, s. 36, cl. (<■), amended.
Registra- tion before disposition of body.
20. — (1) Subject to subsection 4 of section 19, no person shall bury, cremate or otherwise dispose of the body of any person who dies within Ontario or remove the body from the registration division within which the death occurred or the body is found, and no person shall take part in or conduct
91
15
any funeral or religious service for the purpose of burial, cremation or other disposition of the body of a deceased person , unless the death has been registered under this Act, and an acknowledgment of registration of death and a burial permit has been obtained from the division registrar. R.S.O. 1937, c. 88, s. 31 (1), amended.
(2) The funeral director shall retain the acknowledgment ^cknowiedg-
r • • rii -I ri-1- 1-1 ment to be
of registration oi death as evidence oi his having complied retained by
. , , . n Of funeral
With this Act. director.
(3) No person shall conduct a funeral or other religious Person not burial service unless the burial permit signed by the proper service un- di vision registrar is produced to him. New. plrmit'pro-
duced.
(4) A cemetery owner shall not permit the interment or Delivery of cremation of the body of any person in the cemetery or crema- permit, torium unless the burial permit is delivered to him. R.S.O.
1937, c. 88, s. 40 (1), amended.
(5) The cemeterv owner shall retain the burial permit as owner to
. ' ... retain
evidence of his having complied with this Act. New. burial
permit.
(6) Where no person is in charge of the cemetery at the where no time of the burial or other disposition of the body, the funeral charge of director shall write across the face of the burial permit the cemetery, words "No person in charge", and shall append his signature thereto and return the burial permit to the division registrar
of the registration division in which the burial or other dis- position took place. R.S.O. 1937, c. 88, s. 41, amended.
21. — (1) If the body of a person is to be removed to the Removal place of burial or other disposition by a transportation com- °^ bodies. pany or other common carrier, such removal shall not take place until the burial permit has been affixed to the outside of the casket. New.
(2) If the death occurred outside of Ontario and the burial H®^*^^ °"*
1 1- • • r 1 1 1 • • /-^ • of Ontario.
or other disposition of the body is to take place in Ontario, a burial, transit or removal permit or such other document as may be prescribed or required under the laws of the juris- diction in which the death occurred, signed by the proper officer of the place in which the death occurred shall be suffi- cient authority for the burial or other disposition of the body. R.S.O. 1937, c. 88, s. 31 (2), amended.
■ 22. A cemetery owner shall, on or before the 10th day of Returns of each month, mail to the Registrar-General a return in the '^""^^?.^'^'^
. , ^ cremations.
prescribed form of the burials and cremations that took place in the cemetery or crematorium during the last preceding month. R.S.O. 1937, c. 88, s. 40 (2), amended.
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16
?f®§lath"y" 23.— (1) If the death of a person has not been registered Oene^raf^' within one year from the day of the death, application for registration of the death may be made to the Registrar- General in the prescribed form.
Method of application for regis- tration.
Registra- tion of death.
(2) The application shall be accompanied by, —
(a) the prescribed fee;
(b) the statement provided for in subsection 2 of section
16, completed and certified;
(c) a statutory declaration in the prescribed form by
the applicant or any other person; and
(d) such other evidence as may be prescribed by the regulations.
(3) If the Registrar-General is satisfied as to the bona fides of the application and the correctness and sufficiency of the evidence adduced in support thereof, he may register the death by signing the statement, and thereupon the statement shall constitute the registration of the death. R.S.O. 1937, c. 88, s. 42, part, amended.
ADOPTION ORDERS.
«on'oV^" 24. — (1) Upon receipt of a certified copy of an order of
adoption adoption transmitted under section 12 of The Adoption Act, order. the Registrar-General shall register the order.
Notation of adoption on birth regis- tration.
(2) If the birth of the person adopted, —
(a) was registered in Ontario before the adoption; or
(b) is registered in Ontario after the adoption in accord-
ance with this Act,
the Registrar-General, upon production of evidence satis- factory to him of the identity of the person, shall cause a notation of the adoption and of any change of name conse- quent thereon with a reference to the registration of the order, to be made upon the registration of birth of the person, and shall cause a reference to the registration of the birth to be endorsed on the copy of the order.
Registration of order of another jurisdiction.
(3) Where a person whose birth has been registered in Ontario has been adopted pursuant to an order, judgment or decree of adoption made by a court of competent jurisdiction of another province, state or country, the Registrar-General,
91
17
upon receipt of a certified copy of the order, judgment or decree, issued under the seal of the proper certifying authority and upon production of evidence satisfactory to him of the identity of the person, shall register the order, judgment or decree and shall cause a notation of the adoption and of any change of name consequent thereon with a reference to the registration of the order to be made upon the registration of the birth of the person, and shall cause a reference to the registration of the birth to be endorsed on the copy of the order, judgment or decree. 1941, c. 55, s. 42, amended.
(4) Where a notation of adoption and of a change of certificate name consequent thereon has been made on a registration ffj^y adop- of birth, and application is afterwards made for a birth certificate pursuant to this Act, the certificate shall be issued as if the registration had been made in the name as changed. New.
(5) Every notation made pursuant to this section shall be Notation to Lted and ir tions. New.
dated and initialled by the officer designated by the regula- initialled.
25. — (1) If a child born in another province or in any child born state has been adopted in Ontario pursuant to The Adoption^province%r Act, the Registrar-General shall transmit a certified copy of^*^*®" the order to the person having charge of the registration of births in the province or state in which the child was born.
(2) If a child born in a jurisdiction other than a province chiid born or state has been adopted n Ontario pursuant to The Adop- ^^rlsdi^ion. Hon Act, the Registrar-General, upon request, may transmit Rev. stat. a certified copy of the order to the person having charge of^-^^^- the registration of births in the jurisdiction in which the child was born. New.
CHANGES OF NAMES. 26. — (1) Upon receipt of a certified copy of an order Registration
. of orcisr
transmitted under section 17 of The Change of Name Act, 1948, changing the Registrar-General shall register the order. i gS! c.
(2) If the birth or marriage of a person whose name is Notation of
1 11,1 1 change on
changed by the order, — registra-
tions.
(a) was registered in Ontario before the date of the order; or
{b) is registered in Ontario after the date of the order in accordance with this Act,
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18
the Registrar-General, upon production of evidence satis- factory to him of the identity of the person shall cause a notation of the change of name with a reference to the regis- tration of the order to be made upon the registration of birth or marriage of the person, and shall cause a reference to the registration of the birth or marriage to be endorsed on the copy of the order.
Certificate of registra- tion after notation of change of name.
(3) Where a change of name has been noted on a birth or marriage registration and application is afterwards made for a birth or marriage certificate pursuant to this Act, the certificate shall be issued as if the registration had been made in the name as changed by the order.
Annulment of order re change of name.
1948, c. . ..
(4) Upon the receipt of a certified copy of an annulling order transmitted under section 21 of The Change of Name Act, 1948, the Registrar-General shall cause a notation of the annulling order and a reference to the registration thereof to be made upon every registration on which a notation has been made pursuant to the original order.
be°da\'ed and (5) Every notation made pursuant to this section shall be initialled. dated and initialled by the officer designated by the regula- tions. New.
DIVORCE DECREES.
Statement by registrar respecting divorce decrees.
27. — (1) The Registrar of the Supreme Court and every local registrar of the Supreme Court shall, from time to time, as prescribed by the regulations, furnish to the Registrar- General a statement in the prescribed form respecting each final decree of divorce entered by him in the Supreme Court. R.S.O. 1937, c. 88, s. 30 (1), amended.
Notation of decree upon registration of marriage.
Divorce decrees of other juris- dictions.
(2) If the marriage dissolved or annulled by the decree was solemnized in Ontario and registered with the Registrar- General, the Registrar-General, upon receipt of the statement of the divorce, shall register the statement and shall cause a notation of the decree with a reference to the registration of the statement to be made upon the registration of the mar- riage, and shall cause a reference to the registration of the marriage to be endorsed on the statement.
(3) Where a marriage that has been registered in Ontario has been dissolved or annulled by an order, judgment or decree made by a court of competent jurisdiction in another province, or by an Act of the Parliament of Canada, the Registrar-General, upon receipt of a certified copy of such order, judgment, decree or Act issued under the seal of the proper certifying authority shall register the order, judgment, decree or Act and shall cause a notation thereof with a refer-
91
19
ence to its registration to be made upon the registration of the marriage, and shall cause a reference to the registration of the marriage to be endorsed on the copy of the order, judgment, decree or Act.
(4) If, subsequent to the registration of the divorce, certiflcate application is made for a marriage certificate, the certificate dissotved^^ shall contain a copy of the notation made under subsection ^^ divorce. 2 or 3. New.
(5) The Registrar and the local registrars of the Supreme Fee for Court shall receive a fee of fifty cents for each statement of aof^^f^^ce. divorce furnished to the Registrar-General and the fees shall
be payable from time to time by the Treasurer of Ontario out of the Consolidated Revenue Fund. R.S.O. 1937, c. 88, s. 30 (2), amended.
(6) Every notation made pursuant to this section shall be Notation on dated and initialled by the officer designated by the regula-'^^^'^ tions.
(7) No certificate of divorce shall be issued bv the Registrar- certmcates
^ . , - o prohibited.
General. New.
28. — (1) Where a marriage that has been performed in Marriage another province has been dissolved or annulled in Ontario, fn ^notJfelr the Registrar-General upon receipt of the statement respecting p''°^^"'^^- the decree of divorce in respect of the marriage, transmitted under section 27, shall require the Registrar or local registrar who transmitted the statement to furnish him with a certified copy of the order, judgment or decree issued under the seal of the proper certifying authority.
(2) Upon receipt of the certified copy, the Registrar-General idem, shall transmit it to the person having charge of the registration of marriages in the province in which the marriage was performed. New.
REGISTRATION OF BIRTHS AND DEATHS OCCURRING ON BOARD SHIP.
29. Upon receipt from the Minister of Transport ofgij-thsand information transmitted under the Canada Shipping Act, ^^34,^^^^^ (Canada), respecting the birth of a child or the death of a person on board a ship whose port of registry is within Ontario, (Canada). the Deputy Registrar-General may register the birth or death. New.
CHURCH RECORDS.
30. — (1) Any cemetery company or association, or any Filing of religious body or historical society or association, or any records.
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20
corporation or individual in possession of any record of births, marriages, baptisms or deaths which may be of value in establishing the genealogy of any resident in Ontario may, with the approval of the Registrar-General, deposit such record with the Registrar-General without charge. R.S.O. 1937, c. 88, s. 11 (1), amended.
Records to be preserved.
(2) Upon being deposited, the records shall be preserved and remain in the custody of the Registrar-General as part of the records of his office. New.
CORRECTION OF ERRORS IN REGISTRATIONS.
Corrections 31. — (1) If, while the registration of any birth, marriage, registrar. death or still-birth is in the possession of a division registrar, it is reported to him that an error has been made in the registration he shall inquire into the facts and if he is satisfied that an error has been made in the registration he may correct the error according to the facts by a notation on the registra- tion without any alteration being made in the registration. R.S.O. 1937, c. 88, s. 17 (1), part, amended.
by 'person" 1 (2) If the person originally supplying the information con- appearance. Gained in a registration to be corrected appears in person,
the division registrar may permit correction in the original
entry. New.
Correction by Registrar- General.
(3) If, after a registration has been received or made by the Registrar-General, it is reported to him that an error has been made, the Registrar-General shall inquire into the facts, and upon the production of evidence satisfactory to him supplemented by statutory declaration in the prescribed form, he may correct the error by a notation on the registration without any alteration being made in the registration. R.S.O. 1937, c. 88, s. 17 (2), part, amended.
Certificate of registra- tion which has been corrected.
(4) If, subsequent to the correction of an error, application is made for a certificate pursuant to this Act, the certificate shall be prepared as if the registration had been made con- taining correct particulars at the time of registration, but if a certified copy of the registration is required, the certified copy shall contain a copy of the notation made pursuant to sub- section 1 or 3. New.
Notation on (5) Every notation made pursuant to this section shall registration, j^g dated and initialled by the person making the correc- tion or the officer designated by the regulations. R.S.O. 1937, c. 88, s. 17 (1, 2), part, amended.
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21
REGISTRATION DIVISIONS.
32. — (1) The whole of Ontario shall be divided into Registration registration divisions. R.S.O. 1937, c. 88, s. 12 (1), amended.
(2) Everv municipality shall be a re^stration division. Municipal R.S.O. 1937, c. 88, s. 12 (2). "'''*'•
(3) The Lieutenant-Governor in Council may divide that S^'itl^yl^^'' part of Ontario not within a municipality into registration divisions, and may from time to time extend, reduce, sub- divide or annul any such registration division or merge it in
whole or in part with one or more registration divisions and may attach any territory or portion thereof not being part of a municipality to a registration division constituted under subsection 2. R.S.O. 1937, c. 88, s. 12 (3), amended.
APPOINTMENT AND DUTIES OF DIVISION REGISTRARS.
33. — (1) The clerk of every municipality shall be ex officio Municipal division registrar of the registration division formed by the division municipality and any territory thereto attached unless ^^g^'^s^^^^'^s- Lieutenant-Governor in Council appoints some other person as a division registrar in his stead. R.S.O. 1937, c. 88, s. 14 (1), amended.
(2) The Lieutenant-Governor in Council mav appoint the^PPP^P^ment
.... . , . . ... . ' . of division
division registrar for a registration division which is formed of registrar in
. , . .... , , . . unorganized
territory not within a municipality or attached to a munici- territory, pality. R.S.O. 1937, c. 88, s. 13, amended.
(3) The division registrar shall have power to take the Power to affidavit or statutory declaration of any person for the purposes davits. of this Act. New.
(4) In a city having a population of 50,000 or over, the sub- division registrar may, with the approval of the Registrar- [n^cftVe^^^ General, appoint such sub-registrars as may be necessary
for the more convenient carrying out of the provisions of this Act with respect to the registration of deaths and for the issuing of burial permits. R.S.O. 1937, c. 88, s. 34 (3).
(5) Where the Registrar-General deems it necessary in Sub- order to facilitate the registration of deaths for the purpose e?fewhere. of burial in any section of Ontario, he may appoint a sub- registrar for the special purpose of issuing a burial permit upon payment by the applicant of a fee of twentv-five cents. R.S.O. 1937, c. 88, s. 38 (1), amended.
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22
registrar (^) ^ sub-registrar shall forthwith transmit the registration
registr'ation ^° ^^^ division registrar for the registration division in which the death occurred or in which the body was found for regis- tration by him. R.S.O. 1937, c. 88, s. 38 (2), amended.
Duties of
dlv'lsion
registrars.
34. The division registrar shall, —
(a) receive and sign statements and registrations and issue burial permits; New.
(b) supply, free of charge, any prescribed form required
by any person in order to comply with this Act; R.S.O. 1937, c. 88, s. 18 (1), amended.
(c) keep all registrations, records, notices and documents
received by him in a place of safety ;
(d) use all available means to obtain the necessary information for the purpose of completing the regis- trations required to be made by him; R.S.O. 1937, c. 88, s. 14 (5), amended.
(e) inform the proper person of the duty to furnish him
with particulars for the registration of a birth, marriage, death or still-birth if he has reason to believe that any has taken place within his division and has not been registered, and, on the failure of such person to make the registration within seven days, supply to the Registrar-General such informa- tion as he has in his possession regarding the failure of any person to furnish the required particulars; R.S.O. 1937, c. 88, s. 15, amended.
(J) examine every statement of birth, marriage, death or still-birth in order to ascertain whether or not it has been completed in the prescribed form;
{g) ensure that every registration of birth, marriage* death or still-birth has been written legibly in durable ink;
{h) refuse to accept any statement which does not contain all the items of information required therein unless he has received a satisfactory explanation for the omission ; R.S.O. 1937, c. 88, s. 18 (2) , amended.
i
(*) call attention to any defects in a statement of per- sonal particulars or medical certificate of death which is incomplete or unsatisfactory, and withhold the issuance of the acknowledgment of registration of
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23
death and the burial permit until such defects have been corrected; R.S.O. 1937, c. 88, s. 18 (3), amended.
(J) sign every registration as division registrar in attesta- tion of the date of registration in his office; New.
(k) number consecutively the registrations of births, marriages, deaths and still-births in four separate series beginning with "No. 1" for the first registra- tion of a birth, marriage, death or still-birth in each calendar year; R.S.O. 1937, c. 88, s. 18 (4), amended.
(/) transmit to the Registrar-General as required by the regulations the registration of every birth, marriage, death and still-birth made by him ;
(m) report the fact to the Registrar-General, in the prescribed form, if no birth, marriage, death or still- birth has been registered; R.S.O. 1937, c. 88, s. 14 (3), amended.
(n) keep such records as may be prescribed by the regulations; and
(o) transmit to the proper division registrar within forty- eight hours every registration of birth, marriage, death or still-birth received by him which did not occur within his registration division. New.
35. Every division registrar shall, under the direction of Report to the Registrar-General, enforce this Act in his registration olneraf of division and shall make an immediate report to the Registrar- 0^^^^°^^*^°^ General of any violation of this Act of which he has knowledge. R.S.O. 1937, c. 88, s. 19, amended.
REMUNERATION OF DIVISION REGISTRAR.
36. — (1) Every municipality shall pay annually, on thcRemunera- 1st day of February, to the division registrar, a remuneration dmsicfn of twenty-five cents for each registration of a birth, marriage, ^®^^^*''^^- death or still-birth transmitted to the Registrar-General during the preceding calendar year, on presentation of the certificate of the Registrar-General to the treasurer of the municipality, but a municipality may by by-law with the approval of the Registrar-General limit the aggregate remun- eration of the division registrar or provide for the payment of a stated annual remuneration.
(2) Remuneration at double the rates set forth in sub- ^^^M^®'"*" section 1 shall be paid to every Indian-agent and to every unorganized division registrar appointed by the Lieutenant-Governor in Council for any registration division not included in or
91
24
Monthly remunera- • tion per- missible.
Registrar- General to distribute forms.
Cost of forms.
No other forms to be used.
Contents of
birth
certificate;
death certificate;
attached to a municipality, by the Treasurer of Ontario out of the Consolidated Revenue Fund. R.S.O. 1937, c. 88, s. 54, amended.
(3) Nothing in this section shall prevent the remuneration of a division registrar being paid to him monthly, but in such case the remuneration shall be paid within ten days of the presentation of the certificate of the Registrar-General. New.
FORMS.
37. — (1) The Registrar-General shall distribute the pre- scribed forms to the division registrars.
(2) The cost of the prescribed forms and the distribution thereof shall be paid out of the Consolidated Revenue Fund.
(3) No forms shall be used for the purposes of this Act other than the prescribed forms supplied by the Registrar- General. R.S.O. 1937, c. 88, s. 7, amended.
CERTIFICATES AND SEARCHES.
38. — (1) A birth certificate shall contain only the following particulars of the registration:
(a) name of the child ;
{h) date of birth;
(c) place of birth ;
{d) sex;
{e) date of registration ; and
(/) registration number.
(2) A death certificate shall contain only the following particulars of the registration:
(a) name, age and marital status of the deceased;
{b) date of death;
(c) place of death ;
(d) sex;
{e) date of registration ; and
(/) registration number. 91
25
(3) A marriage certificate shall contain only the following ^^j^j^'^l^^ particulars of the registration :
(a) names of the parties;
(b) date of the marriage;
(c) place of the marriage;
(d) place of birth of each of the parties;
(e) date of registration ; and (/) registration number.
(4) No still-birth certificate shall be issued. fertmcaS
(5) A certificate, order or other document issued by thejnde?star Registrar-General pursuant to this Act, may bear the seal of
ofifice of the Registrar-General. New.
39. — (1) Upon application and upon payment of the P^e- ^^°j^§>^^jj scribed fee, any person who furnishes substantially accurate certificate; particulars and satisfies the Registrar-General as to his reason for requiring it, may obtain from the Registrar-General a birth certificate in respect of any birth of which there is regis- tration in his office.
(2) Upon application and upon payment of the prescribed death fee, any person may obtain from the Registrar-General a death certificate in respect of any death of which there is a registration in his office.
(3) Upon application and upon payment of the prescribed marriage fee, —
(a) one of the parties to the marriage;
(b) a parent of one of the parties;
(c) a child of the marriage; or
(d) any person with the approval of the Registrar-
General,
may obtain from the Registrar-General a marriage certificate in respect of any marriage of which there is a registration in his office. R.S.O. 1937, c. 88, s. 6 (2), amended.
Who may
40.— (1) No certified copy of a registration of birth , of rlLlstra-^ death or still-birth shall be issued except to a person author- ^^j^jij°*"jjgjj^jj
or still- 91 birth.
26
izcd by the Registrar-General or the order of a court and upon payment of the prescribed fee.
obtain"copy ^^^ ^° Certified copy of a registration of marriage shall be ofregistra- issued except to one of the parties to the marriage or to a marriage. person authorized by the Registrar-General or the order of a court and upon payment of the prescribed fee. New.
f
:*
Certificate as prima facie evidence.
41. — (1) A certificate purporting to be issued pursuant to section 39 and signed by the Registrar-General shall be admissible in any court in Ontario as prima facie evidence of the facts certified to be recorded, and it shall not be neces- sary to prove the signature or official position of the person by whom the certificate purports to be signed. R.S.O. 1937, c. 88, s. 6 (3), amended.
Signature of (^) ^ lithographed, printed or stamped facsimile signature Registrar- of the Registrar-General shall be sufficient authentication of a
General. ._ "^
certificate.
Copy of (^) ^ certified copy of a registration, signed by the Registrar-
^a8^'primj°^ General or Deputy Registrar-General, purporting to be issued jacie pursuant to section 40, shall be admissible in any court in
Ontario as prima facie evidence of the facts recorded therein.
evidence.
Proviso.
No certifi- cates by division registrar.
Searches.
Search of
church
records.
(4) Notwithstanding subsections 1 and 3, no birth certi- ficate and no certified copy of a registration of birth or still- birth shall be admissible in evidence to affect a presumption of legitimacy. New.
42. A division registrar shall not issue a certificate in respect of any birth, death, marriage or still-birth. New.
43. — (1) Any person who, —
(a) applies;
(b) pays the prescribed fee; and
(c) satisfies the Registrar-General as to his reason for
requiring it,
may have search made for the registration of any birth, death, marriage, still-birth, divorce, adoption or change of name in the indexes kept in the office of the Registrar-General. R.S.O. 1937, c. 88, s. 6 (1), amended.
(2) Any person who, —
(a) applies;
(b) pays the prescribed fee; and 91
27
(c) satisfies the Registrar-General as to his reason for requiring it,
may have search made for any birth, marriage, baptism or death in any record kept in the office of the Registrar-General pursuant to section 30.
(3) The only information given upon a search under sub- information section 1 or 2 shall be as to the existence or otherwise of thefearch^"^ registration, and the registration number if registered. New.
GENERAL PROVISIONS.
44. Subject to section 29, no registration shall be made of a Ontario birth, still-birth, marriage or death occurring outside of only. ^^ '°^^ Ontario. New.
45. The provisions of this Act shall apply in respect of ^fP^'j^^*^^'^ any birth, marriage, death, still-birth, divorce, adoption or change of name, that has occurred prior to the passing of this
Act, as well as to any birth, marriage, death, still-birth, divorce, adoption or change of name which may occur sub- sequent to the passing of this Act. New.
46. No person shall issue any document which purports Certmcates to be a certificate of a birth, marriage, death or still-birth issued, other than a certificate provided for under the provisions of
this Act. New.
47. — (1) If, after such notice to and the hearing of such Registration interested parties as he considers proper, the Registrar- obtaine"d.^ General is satisfied that a registration was fraudulently or improperly obtained, he may order that a notation be made on the registration to that effect and thereafter no certificate shall be issued in respect of the registration.
(2) Upon the making of an order under subsection 1, the Order for Registrar-General ma}- require the delivery to him of every certificate. certificate previously issued in respect of the registration.
(3) If the Registrar-General has reason to believe that a certificate certificate in respect of a registration is being had or used for property. fraudulent or improper purposes, he may, after such notice
to and hearing of such interested parties as he considers proper, make an order requiring the delivery of the certificate to him.
(4) Any person who has in his possession or under his ^®Pfl®'"^ °^ control a certificate in respect of which an order has been
made under subsection 2 or 3, shall forthwith deliver the certificate to the Registrar-General. New.
91
28
Secrecy. 4g ]\Tq division registrar or sub-registrar and no person
employed in the service of His Majesty shall communicate or allow to be communicated to any person not entitled thereto any information obtained under this Act, or allow any such person to inspect or have access to any records containing information obtained under this Act. New.
PENALTIES.
Failure to Rive notice or furnish particulars.
49. — (1) Every person who neglects or fails to give any notice, or to register or to furnish any statement, certificate or particulars respecting the birth, marriage, death, still- birth, divorce, adoption or change of name of any person as required by this Act, shall be guilty of an offence and liable to a penalty not exceeding $100. R.S.O. 1937, c. 88, s. 45 (1), amended.
Neglect of division registrar to make returns.
(2) If a division registrar fails to transmit to the Registrar- General any registration, or to make any return as required by this Act he shall be guilty of an offence and liable to a penalty not exceeding $100 and each succeeding week's continuance of failure to make the transmission or return shall constitute a new and distinct offence; and the Registrar- General may refuse to issue a certificate for the payment of any fee due to the division registrar until the transmission or return is made. R.S.O. 1937, c. 88, s. 43, amended.
False in- formation.
50. — (1) Every person who wilfully makes or causes to be made a false statement in any notice, registration, state- ment, certificate, return or other document respecting any particulars required to be furnished under this Act shall be guilty of an offence and liable to a fine not exceeding $500 or to imprisonment for a term not exceeding six months or to both fine and imprisonment; and every legally qualified medical practitioner who wilfully makes a false statement as to the cause of the death of any person, or represents himself as having been in attendance during the last illness of any person when in fact he was not called in attendance until after the death, shall, in addition to any penalty imposed by this Act, be subject to discipline by the Council of the College of Physicians and Surgeons of Ontario. R.S.O. 1937, c. 88, s. 44, amended.
False infor- mation.
(2) Every person who wilfully makes, or causes to be made a registration of a birth, marriage, death or still-birth as having occurred in Ontario in respect of any person whose birth, marriage, death or still-birth did not occur in Ontario, shall be guilty of an offence and liable to a fine not exceeding $500 or to a term of imprisonment not exceeding six months or to both fine and imprisonment. New.
91
29
51. Any person violating any of the provisions of section 48^^®|°^ °^ shall be guilty of an offence and liable to a penalty not exceed- provision, ing S200. New.
52. Every person guilty of any act or omission in violation pe®naity of this Act for which no penalty is otherwise provided shall be guilty of an offence and liable to a penalty not exceeding $100. R.S.O. 1937, c. 88, s. 46, amended.
recover-
53. The penalties imposed by this Act shall be recoverable how^reco under The Summary Convictions Act. R.S.O. 1937, c. 88,|j^J®- gt^j s. 48. c- 136.
REGULATIONS.
54. The Lieutenant-Governor in Council may make ^®^"'^*^°"^' regulations, —
(a) prescribing the forms to be used in carrying out the provisions of this Act;
(b) prescribing the duties of the Deput}' Registrar-
General and providing for the delegation to him of uch of the powers and duties of the Registrar- General as may be deemed necessary;
(c) prescribing the duties of inspectors;
(d) prescribing the system of filing of registrations;
(e) prescribing the particulars of registrations to be
entered in the indexes;
(/) prescribing the duties of and records to be kept by the division registrars;
(g) prescribing the information and returns to be fur- nished to the Registrar-General, and fixing the times when information and returns are to be transmitted;
(h) fixing the times when division registrars shall forward registrations to the Registrar-General;
. (i) prescribing the duties of, and returns to be made by sub-registrars;
(j) designating the persons who may have access to, or may be given information from the records in the Registrar-General's ofifice, and prescribing an oath of secrecy to be taken by such persons;
(k) for the registration of births, marriages, deaths, still-births, divorces, adoptions or changes of name in cases not otherwise provided for in the Act;
91
30
(I) prescribing the fees to be paid for searches, certifi- cates and anything done or permitted to be done under the Act and providing for the waiver of pay- ment of any such fees in favour of any person or class of persons;
(m) designating the officers who may sign registrations and notations;
(») prescribing the evidence on which the Registrar- General may register a birth, still-birth, marriage or death after one year from the date thereof;
(o) prescribing the evidence on which the Registrar- General may make a registration of birth in the case of a child legitimated by the subsequent inter- marriage of his parents;
(p) requiring the persons in charge of hospitals to make returns of the births of all children born in the hospitals ;
(q) prescribing special forms for registrations in respect of Indians;
(r) providing that registrations in respect of Indians shall be kept separate from other registrations;
(s) authorizing every Indian-agent in Ontario to act ex officio as division registrar for the Indians under his jurisdiction; and
(/) for the purpose of effectively securing the due obser- vance of the Act, and generally for the better carrying out of the provisions thereof and obtaining the information required thereby. R.S.O. 1937, c. 88, s. 53, amended.
SPECIAL PROVISIONS.
Transfer of change of name material from Regis- trar of Supreme Court.
1939. c. 6.
55. — (1) The Registrar of the Supreme Court shall transmit to the Registrar-General, upon the coming into force of this Act,—
(a) all certified copies of orders and duplicate originals of applications and verifying affidavits received by him pursuant to The Change of Name Act, 1939;
(b) all index books kept by him pursuant to the said Act;
and
91
31
(c) all annulling orders received by him pursuant to the said Act.
(2) The Registrar-General, upon application in the pre- dotation of scribed form and upon production of evidence satisfactory ^^^|^°^f^_jj._
to him,— ring before
' the com-
mencement
(a) that the name of a person whose birth or marriage has been registered in Ontario was changed prior to the coming into force of this Act by an order under The Change of Name Act, 1939; i939. c. 6.
(6) that the order has not been annulled; and
(c) of the identity of the person,
shall cause a notation and references to be made as provided in subsection 2 of section 26, and subsections 3 to 5 of section 26 shall thereupon be applicable. New.
REPEAL.
56. The Vital Statistics Act, section 2)3 of The Statute -Z^aw^^^g'-^iglg Amendment Act, 1939, section 42 of The Statute Law Amend- ^-J^l'^- f§;
' , 1941, c. 5o,
ment Act, 1941, section 40 of The Statute Law Amendments- 42, 1942,
. c. 34 S. 40 ■
Act, 1942, and section 40 of The Statute Law Amendment 1943', c. 28'. Act, 1943, are repealed. pealed!^'
COMMENCEMENT OF ACT.
57. This Act shall come into force on a day to be named by men^t^^of^Act the Lieutenant-Governor b}^ his Proclamation.
SHORT TITLE.
58. This Act may be cited as The Vital Statistics Act, 1948. sbort title.
91
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No. 91
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Vital Statistics Act, 1948.
Mr. Dunbar
TORONTO Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
No. 91 1948
BILL
The Vital Statistics Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :
INTERPRETATION.
1. In this Act,— ;S-
(a) "birth" means the complete expulsion or extraction "birth"; from its mother of a foetus which did at any time
after being completely expelled or extracted from the mother breathe or show any other sign of life, whether or not the umbilical cord was cut or the placenta attached;
(b) "cemetery" includes a vault, a mausoleum and any "cemetery"
land which is set apart or used for the interment of the dead or in which bodies are buried; R.S.O. 1937, c. 88, s. 1, cl. (a), amended.
(c) "cemeterv owner" includes the person who is in "cemetery
^ ' ' ^ , owner ;
charge of a cemetery or crematorium under the authority of the owner thereof;
(d) "certificate" means a certified extract of the pre- "certificate* scribed particulars of a registration in the records
of the Registrar-General;
(e) "cremation" means the disposal of a dead body by ^°g^®™^^*^°^'
incineration under The Cemetery Act, c. 351.
(/) "Deputy Registrar-General" means the Deputy "'^ep^ty Registrar-General appointed under this Act; General";
{g) "division registrar" means division registrar ap-^'^\^^^^j!°j^.. pointed under this Act and includes an Indian- agent;
91
"divorce"; (/j) "divorce" means dissolution and annulment of mar-
riage and includes nullity of marriage;
"error"; (j) "error" means any incorrect information and includes
omission of information ; New.
"funeral director";
"incapable";
"Indian"; R.S.C.. c. 98.
"Indian- agent";
"inspector";
"notation";
"munici- pality";
"nurse";
(J) "funeral director" means a person who takes charge of the body of a still-born child or a deceased person for the purpose of burial, cremation or other dis- position; 1942, c. 34, s. 40 (1), amended.
(k) "incapable" means incapacity through death, illness, , absence from Ontario or otherwise;
(/) "Indian" means an Indian within the meaning of the Indian Act (Canada) but does not include an enfranchised Indian;
(m) "Indian -agent" means an Indian-agent within the meaning of the Indian Act (Canada); New.
(w) "inspector" means an inspector of vital statistics appointed for the purposes of this Act; R.S.O. 1937, c. 88, s. 1, cl. (c), amended.
(o) "notation" means any addition to, or alteration of, a registration in the records of the Registrar-General or a division registrar; New.
(p) "municipality" means a city, town, village, organ- ized township or improvement district; R.S.O. 1937, c. 88, s. 1, cl. (d), amended.
(q) "nurse" includes any person, other than a legally qualified medical practitioner, who attends at the birth of a child; R.S.O. 1937, c. 88, s. 1, cl. (e), amended.
'occupier";
"prescribed form";
(r) "occupier" includes a governor, keeper, warden, superintendent, manager or resident physician of any gaol, prison, penitentiary or other place of detention, a children's home or orphanage, a public or private medical, surgical, maternity or mental hospital, or any public or private charitable institution, a manager of an hotel, and a keeper of a house for public accommodation, a tourist camp or other stopping-place for persons; R.S.O, 1937, c. 88, s. 1, cl. (/), amended.
(5) "prescribed form" means the form prescribed by the regulations; R.S.O. 1937, c. 88, s. 1, cl.(g), amended.
91
(/) "Registrar-General" means the member of the Ex- q^®||.|*^?:'"- ecutive Council who is charged with the adminis- tration of this Act; R.S.O. 1937, c. 88, s. 1, cl. (A), amended.
(u) "religious body" means a church or any religious bod'r'?"^ denomination, sect, congregation or society.
(v) "state" means any state or territory of the United "state"; States of America, or the District of Columbia; and New.
(w) "still-birth" means the complete expulsion or ex- "stiu-birth- traction from its mother after the twenty-eighth week of pregnancy of a foetus which did not at any time after being completely expelled or extracted from the mother breathe or show any other sign of life. 1943, c. 28, s. 40, part, amended.
ADMINISTRATION.
2. — (1) The Registrar-General shall direct a uniform system uniform of registration of births, marriages, deaths, still-births, adop-re|*|tTation. tions, divorces and changes of name in Ontario, and shall be charged with the enforcement of the provisions of this Act. R.S.O. 1937, c. 88, s. 8 (1), part, amended.
(2) The Registrar-General shall cause the registrations of ?®l'^*^^*io"s
1 • 1 • MI 1 • 1 1 • to be num-
births, marriages, deaths, still-births, adoptions, divorces and bered by changes of name occurring in Ontario and received in his office General. to be numbered in seven separate series and otherwise syste- matically filed according to each calendar year in accordance with the regulations and carefully kept in vaults provided for that purpose.
(3) The Registrar-General shall cause the said registrations indexing. to be indexed separately according to each calendar year, and
each index shall contain the numbers and such other particulars of the registrations as may be prescribed by the regulations. R.S.O. 1937, c. 88, s. 10, amended.
3. — (1) The Registrar-General shall examine the registrations Examination received from the division registrars, and if the registrations °fo^t^'^*'"^" are incomplete or unsatisfactory, he shall require such informa- tion to be supplied as may be necessary to complete the registration. R.S.O. 1937, c. 88, s. 8 (2), amended.
(2) Where it is found upon examination that any registra- Registrations tion received from a division registrar is incomplete as to the ^°^ ^'sned.
91
ClasHiflca- tion by Internatiori! lAHt of CaUKOs of Death.
ri.quirt'd signatures, the Registrar-General shall cause the registration to be returned by registered mail to the proper division registrar in order that the signatures may be obtained.
(3) The Registrar-General shall cause all deaths registered under this Act to be classified according to the International List of Causes of Death as revised at the last decennial revision thereof by the International Commission assembled for that purpose and he shall supply free of charge to every legally qualified medical practitioner in Ontario a Physician's Pocket Reference Book explanatory of such list.
of^ileKistrar- ('^) ^^^ Registrar-Gencral may collate, publish and dis- Oenerai. tribute such Statistical information regarding the births, mar- riages, deaths, still-births, adoptions, divorces and changes of name registered during any period as he may deem to be necessary- and in the public interest. New
Annual report of Registrar- General.
(5) As soon after the 1st day of January- in each year as convenient, the Registrar-General shall cause to be printed, for the use of the Legislative Assembly and for public informa- tion, a full report of the births, marriages, deaths, still-births, adoptions, divdrces and changes of name for the preceding calendar year. R.S.O. 1937, c. 88, s. 4, amended.
by'Refifst'i-ar- (6) The Registrar-Gcneral shall prepare and issue to every General. division registrar such detailed instructions as may be required to procure the uniform observance of the provisions of this Act. R.S.O. 1937, c. 88, s. 8 (1), part, amended.
Deputy
Registrar- General.
1947. C.89.
4. — (1) There shall be a Deputy Registrar-General ap- pointed by the Lieutenant-Governor in Council who shall be deemed to be a deputy minister under The Public Service Act, 1947, and who shall have direct supervision of the office of the Registrar-General and be directly responsible to the Registrar-General for the conduct of his ofificc, and shall perform such other duties as may be prescribed by the regula- tions or delegated to him by the Registrar-General. New.
Appointment (2) The Lieutenant-Governor in Council may appoint f^p^Jtore^. ° inspectors of vital statistics for the purpose of this Act, who shall perform such duties as may be prescribed by the regula- tions. R.S.O. 1937, c. 88, s. 3, amended
REGISTRATION OF BIRTHS.
Duty of medical practitioner.
6. — (1) Every legalh- qualified medical practitioner who attends at the birth within Ontario of a child shall give notice of the birth.
91
(2) Where no legally qualified medical practitioner is in Duty of attendance at the birth, the nurse in attendance shall give the notice of the birth.
(3) The notice of the birth shall be in the prescribed form Mode of and shall be given by delivering or mailing the notice within notice. two days after the day of birth to the division registrar of the registration division within which the child was born. R.S.O.
1937, c. 88, s. 20, amended.
(4) The notice so given shall be transmitted by the division Notice to be registrar to the Registrar-General and preserved by the Registrar-General until such time as the registration of the
birth has been completed under this Act. New.
6.— (1) Within thirty days after the day of the birth f^'^b^S"* within Ontario of a child, —
{a) the mother;
{h) if the mother is incapable, the father;
(c) if the mother and father are incapable, the person standing in the place of the parents of the child; or
{d) if the mother and father are incapable and there is no person standing in the place of the parents of the child, the occupier of the premises in which the child is born, if he has knowledge of the birth, and the nurse or other person present at the birth,
shall complete, certify and deliver or mail a statement in the prescribed form respecting the birth to the division registrar of the registration division within which the child was born, provided that the Registrar-General may accept the statement of the father although the mother is not incapable. R.S.O. 1937, c. 88, s. 21 (1, 2), amended.
(2) Notwithstanding the provisions of subsection 1, the No duty on father of an illegitimate child shall not be required to register iuegmmate the birth of such child. register.
(3) The statement shall state whether the mother of the contents of child is single, married, widowed or divorced, but shall not ^*'^*®"^®'^*" state whether the parents of the child are married to each
other.
(4) No indication of the paternity of the child shall be given ^hnd^t^cf in the registration of the birth of a child of amarried woman, carried
, . , r 1 1 1 I 1 • • 1 1 woman.
but the particulars of the husband may be given, provided that the statement shall not be rendered unreceivable by reason only of failure to supply the particulars of the husband.
New.
91
Name of
illegitimute
child.
(5) In the registration of the birth of a child of an un- married woman, the child shall be registered in the name of the mother and no person shall be named as the father, pro- vided that where the person acknowledging himself to be the father and the mother so request in writing, the father may be named and the child registered in the name of the father in accordance with the request, and if such request is made after the registration of the birth the Registrar-General may amend the registration in accordance with the request by making a notation thereon. R.S.O. 1937, c. 88, s. 23 (1), amended.
Plural births.
(6) If more than one child is delivered from the mother during a single confinement, a separate statement for each child shall be completed, certified and delivered or mailed as provided in subsection 1, and in each statement the number of children born during the confinement and the number in the order of birth shall be given. New.
Violation. j jf ^^^, statement respecting the birth of a child is not
completed, certified and delivered or mailed in the manner and within the time provided in section 6, every person upon whom the duty of completing, certifying and delivering or mailing the statement is imposed by section 6 shall remain liable to perform that duty notwithstanding the expiration of the time so provided, and shall, in respect of each successive period of thirty days thereafter during which he neglects so to complete, certify and deliver or mail the statement, be guilty of a violation of this Act. New.
of^b'rth^*'"" ^' — ^^^ Upon receipt, within one year from the day of the birth of a child, of a statement in the prescribed form respect- ing the birth, the division registrar if he is satisfied as to the correctness and sufficiency thereof, shall register the birth by signing the statement, and thereupon the statement shall constitute the registration of the birth. R.S.O. 1937, c. 88, s. 25, amended.
Acknowiedg- (2) Upon the registration of a birth, the division registrar registration, shall issue to the persou registering the birth, without charge, an acknowledgment of the registration of the birth in the prescribed form. R.S.O. 1937, c. 88, s. 21 (3), amended.
Not a certificate.
(3) The acknowledgment of registration of a birth shall not be deemed to be or be used in any way as a birth certificate.
regLter after ^^"^ ^ division registrar shall not register a birth after one one year. year from the day of the birth. R.S.O. 1937, c. 88, s. 42, part, amended.
?f®bi?th^by" ^ — ^^^ ^^ ^^^ hWth of a child has not been registered within Registrar- one year from the day of the birth, application for the registra-
91
tion of the birth may be made to the Registrar-General in the prescribed form by the person whose birth has not been registered or by any other person.
Method of
(2) The appHcation shall be accompanied by,— f^r'^JS-""
tration.
(a) the prescribed fee;
(b) the statement provided for in subsection 1 of section
6, completed and certified;
(c) a statutor>- declaration in the prescribed form by the
applicant or any other person; and
(d) such other evidence as may be prescribed by the regulations.
(3) If the Registrar-General is satisfied as to the &o«a Registra- fides of the application and the correctness and sufficiency
of the evidence adduced in support thereof, and that the regulations have been complied with, he may register the birth by signing the statement, and thereupon the statement shall constitute the registration of the birth. R.S.O. 1937, c. 88, s. 42, part, amended.
10. — (1) If a living new-born child is found deserted, the Foundlings, person who finds the child and any person in whose charge the child is placed shall give to the best of his knowledge and belief to the division registrar of the registration division within which the child is found, within seven days after the finding or taking charge of the child, such information con- cerning the birth of the child as the informant may possess. R.S.O. 1937, c. 88, s. 22, amended.
(2) The division registrar, upon receipt of such information J!^1^^?^ °^ regarding the birth of the child, and upon being satisfied that registrar, every effort has been made to identify the child without success shall, —
(a) cause the person who found or has charge of the child to complete a statutory declaration concerning the facts of the finding of the child and to complete and certify, so far as the person is able, a statement in the prescribed form required under subsection 1 of section 6;
(&) cause the child to be examined by the local medical officer of health or a legally qualified medical prac- titioner with a view to determining as nearly as possible the da}' of the birth of the child, and the
91
examiner shall make a statutory declaration setting forth the facts as determined by the examination; and
F«e.
(c) make a detailed report of the case and transmit the report, to the Registrar-General together with evidence regarding the birth of the child.
(3) A legally qualified medical practitioner shall receive a fee of $5 for the examination under clause b of subsection 2, which fee shall be paid by the Treasurer of Ontario out of the Consolidated Revenue Fund.
Registration of birth of foundlingB.
(4) The Registrar-General, upon receipt of the evidence referred to in subsection 2, shall review the case and upon being satisfied as to the correctness and sufficiency of the facts stated, shall register the birth and for the purpose of regis- tration shall establish for the child, —
(a) a date of birth;
(b) a place of birth ; and
(c) a surname and given name.
Subsequent registration if child identified.
(5) If, subsequent to the registration, the identity of the child is established to the satisfaction of the Registrar- General, he may by order set aside the registration made pursuant to this section and cause the substitution of a new registration of the birth in accordance with the actual facts of the birth, and cause the original registration to be with- drawn from the registration files and kept in a separate file and sealed.
Date of registration.
(6) Where the identity of the child is established and a new registration is made pursuant to subsection 5, the dace of the new registration shall be the date of the original regis- tration.
Cancella- tion of cer- tificates.
(7) The holder of a certificate issued in respect of a registra- tion of a birth made pursuant to subsection 4, which registra- tion has been withdrawn pursuant to subsection 5, shall deliver it forthwith upon demand to the Registrar-General for cancellation. New.
ff®fh1id**'°" 11.— (1) Where a child has been legitimated by the sub- Ie8it''g»t6<^ sequent intermarriage of his parents, then upon the parents, — quent
marriage. (^) completing and certifying the statement required
under subsection 1 of section 6;
(b) delivering the statement, together with such evidence
91
as to the legitimation as is required by the regulations, to the Registrar-General; and
(c) paying the prescribed fee, the Registrar-General shall, —
(d) register the birth as if the parents had been married
to each other at the time of the birth ; and
(e) make a notation on the statement that the registra-
tion was made under this section,
and the statement shall constitute the registration of the birth, provided that upon proof that one of the parents is dead or mentally incapable, the application may be made by the other parent.
(2) Where the birth of the child has been registered before Original
^ . . . . . . registration
the marriage, the original registration shall be withdrawn from to be with- the registration files and shall be kept in a separate file and sealed. 1939, c. 47, s. 33, amended.
12. — (1) Where the birth of a child has been registered, Alteration
, ^ ^ '^^ ' of given
and, — name of
child.
(a) the given name by which the child was registered has been changed ; or '
(b) the child was registered without a given name,
the Registrar-General, upon payment of the prescribed fee and upon receipt of a statutory declaration containing such particulars as may be prescribed by the regulations as to the change or giving of the given name, completed by the father, mother or guardian of the child, or the person procuring the name to be changed or given, shall cause a notation of the alteration or addition to be made on the registration of the birth.
(2) Where the change of the given name is effected by Baptismal baptism, a certificate of baptism signed by the person whotobeflted. performed the rite of baptism shall be filed with the statutory declaration. R.S.O. 1937, c. 88, s. 27 (1), amended.
(3) This section shall apply only where the given name of Applicability
^, , ., , , 11 • • 1 • of section.
the child was changed or the new name given within ten years after the birth of the child.
91
10
Limitation on altera- tions to given name.
(4) No notation shall be made in a registration reg^arding the given name of a child except in the manner prescribed in subsection 1, or pursuant to the provisions of this Act in respect of adopted children, changes of names and correction of errors.
Notation to (^) Every notation made pursuant to this section shall be i*n*itiai'i*d ^^^ dated and initialled by the officer designated by the regula- tions.
Changes to be shown on certificate.
(6) If subsequent to the making of a notation pursuant to this section application is made for a birth certificate, the certificate shall be prepared as if the registration had been made containing the changed or new given name at the time of registration, but if a certified copy of the registration is re- quired, the certified copy shall contain a copy of the notation made pursuant to subsection 1. New.
REGISTRATION OF STILL-BIRTHS.
Statement re Btill-birtbs.
Medical certificate.
Duty of
funeral
director.
13. — (1) In the case of a still-birth within Ontario, the person who, in the case of a birth, would have been required to furnish particulars of the birth under subsection 1 of section 6, shall complete, certify and deliver a statement in the pre- scribed form respecting the still-birth to the funeral director in charge of the body.
(2) The legally qualified medical practitioner in attendance at a still-birth, or where there is no legally qualified medical practitioner in attendance, a coroner shall complete a medical certificate in the prescribed form of the cause of the still-birth and shall deliver it to the funeral director in charge of the body,
(3) Upon receipt of the statement and the medical certifi- cate, the funeral director shall complete the statement setting forth the proposed date and place of burial, cremation or other disposition or the removal of the body and shall deliver the statement and medical certificate to the division registrar of the proper registration division.
Registration of still- birth.
(4) Upon receipt of the statement and the medical certifi- cate the division registrar, if he is satisfied as to the correctness and sufficiency thereof, shall register the still-birth by signing the statement and medical certificate and thereupon the statement and medical certificate shall constitute the regis- tration of the still-birth.
Burial permit.
(5) Upon the registration of a still-birth, the division registrar, without the payment of any fee, shall forthwith prepare and deliver to the person requiring the same for the
91
11
purpose of the burial, cremation or other disposition or removal of the body of the still-born child, —
(a) an acknowledgment that the still-birth has been
registered ; and
(b) a burial permit for the purpose of the burial or other
disposition of the body.
(6) Subject to the provisions of this section, sections 5 to 9, ^/'gP^'g^^^^J^ 11 and 16 to 23 shall apply mutatis mutandis to still-births. 16-23. 1943, c. 28, s. 40, amended.
REGISTRATION OF MARRIAGES.
14. — (1) In addition to any registration of a marriage Marriages, required under The Marriage Act, every marriage that is Rev. stat.. solemnized within Ontario shall be registered under this Act. °"
New.
(2) Every person authorized by law to solemnize marriages Person shall complete a statement in the prescribed form as to each to complete marriage solemnized by him, which statement shall be signed of^^axriage. by each of the parties to the marriage and by at least two adult witnesses to the marriage, and the person by whom the mar- riage was solemnized shall certify in such statement as to the solemnization of the marriage.
(3) The person by whom the marriage was solemnized shall statement mail or deliver to the division registrar within two davs after delivered
, 1 r 1 • 1 ^ • 1 ' • within two
the day of the marriage, the statement respecting the marriage, days. R.S.O. 1937, c. 88, s. 29 (1), amended.
(4) Upon the receipt, within one year from the- day of the Registration solemnization of a marriage, of a statement in the prescribed °^ "damage, form respecting the marriage, the division registrar if he is satisfied as to the correctness and sufficiency thereof, shall register the marriage by signing the statement, and thereupon
the statement shall constitute the registration of the marriage.
(5) Upon receipt of the statement by the division registrar. Receipt for he shall mail to the person by whom the marriage was solem-^ ^ ^^^ nized, an acknowledgment of the receipt in the prescribed
form.
(6) A division registrar shall not register any marriage Time after one year from the day of the marriage. New. limitation.
15. If a marriage has not been registered within one vear ^/^istration
r , J f 1 . , . . , ,' , of marriage
irom the day or the marriage, the registration may be made by by Registrar- the Registrar-General upon such evidence as may be prescribed by the regulations. R.S.O. 1937, c. 88, s. 42, part, amended.
91
12
REGISTRATION OF DEATHS.
Place of registration of deaths.
16. — (1) The death of every person who dies within Ontario shall be registered in the office of the division registrar of the registration division within which the death occurs, or if the place of death is not known then in the office of the division registrar of the registration division within which the body is found. New.
Information
respecting
deceased.
(2) A statement in the prescribed form containing personal particulars of the deceased person shall, upon the request of the funeral director in charge of the body, be completed, certified and delivered to the funeral director, —
(a) by the nearest relative present at the death or last illness, or any relative who may be available;
■ ' {b) if no relative is available, by the occupier of the
premises in which the person died, or if the occupier be the person who has died, by any adult person residing in the premises who was present at the death or has knowledge of the personal particulars;
{c) if the death occurred in unoccupied premises and no relative is available, by any adult person who was present at the death or has knowledge of the personal particulars; or
{d) by the coroner who has been notified of the death and has made an inquiry or held an inquest regarding the death. R.S.O. 1937, c. 88, s. i3, amended.
tiffc'at'^' *^®'"", (3) The legally qualified medical practitioner who was last in attendance during the last illness of a deceased person, the coroner who conducts an inquest on the body of a deceased person or an inquiry into the death of a person or the local medical officer of health who makes an investigation as provided in subsection 2 of section 19 shall, forthwith after the death, inquest, inquiry or investigation, as the case may be, complete and sign a medical certificate of death in the prescribed form for the purix)se of registration of death, stating therein the cause of death according to the International List of Causes of Death as last revised by the International Commission called for that purpose, and shall deliver the medical certificate of death to the funeral director in charge of the body. R.S.O. 1937, c. 88, s. 32, amended.
Particulans to be stated in certifi- cate.
(4) Tht legally qualified medical practitioner, coroner or local medical officer of health shall in his certificate state that he has viewed the body of the deceased. New.
91
13
(5) Upon receipt of the statement containing the personal ^^*y J*" particulars and the medical certificate of death, the funeraMirector. director shall complete the statement containing personal particulars, setting forth the proposed date and place of burial, cremation or other disposition or the removal of the body and shall deliver the statement and the medical certificate to the division registrar of the proper registration division. New.
17. — (1) Upon the receipt, within one year from the dayRegistra-
r iiir ri •• 1 tion of
of the death of a person, oi the statement contammg the death by personal particulars and the medical certificate, the division registrar, registrar, if he is satisfied as to the correctness and suffi- ciency thereof, shall register the death by signing the state- ment and medical certificate, and thereupon the statement and medical certificate shall constitute the registration of the death.
(2) A division registrar shall not register anv death after Time
r 11 r 1 1 1 XT ' limitation.
one year from the day of the death. New.
(3) Upon the registration of a death, the division registrar, ^uty of without the payment of any fee, shall forthwith prepare and registrar. deliver to the funeral director requiring the same for the purpose of the burial, cremation or other disposition or the removal of the body of the deceased person, —
(a) an acknowledgment that the death has been registered; * and
{h) a burial permit for the purpose of the burial or other disposition of the body. R.S.O. 1937, c. 88, s. 37, amended.
18. — (1) If a death has occurred and it is impracticable Registration
• , ,, , r ^^ .,,,... in another
to register the same, by reason ot distance, with the division registration registrar of the proper registration division, registration of^'^^^**^"" the death may be made with the nearest division registrar who, upon payment of the prescribed fee, shall register the same and issue an acknowledgment of registration of death and a burial permit and such division registrar shall forward the registration of the death to the division registrar of the proper registration division. R.S.O. 1937, c. 88, s. 34 (1), amended.
(2) Where a death has been registered in accordance with^®®^^^^.
L- t \ t- • • • • registration
subsection 1, the division registrar who registers the death in another shall be entitled to the fee for his own use. R.S.O. 1937, c. 88, s. 34 (2), amended.
19. — (1) If there is reason to believe that a person has ^iofg^ce^ died as a result of violence or misadventure or by unfair or misad- means or from any cause other than disease, or as a result of
91
14
negligence, malpractice or misconduct on the part of others or under such circumstances as require investigation, no acknowledgment of registration of death and no burial per- mit shall be issued by the division registrar unless, —
1948. o. —
(a) the body has been examined by a coroner and the coroner has made inquiry into the circumstances of the death or held an inquest as provided by The Coroners Act, 1948;
(6) the coroner has signed the medical certificate of death ; and
Death with- out medical attendance.
(c) the other provisions of this Act regarding registration of death have been complied with. R.S.O. 1937, c. 88, s. 36, amended.
(2) Where there is no legally qualified medical practitioner in attendance during the last illness of a deceased person and there is no reason to believe that the death occurred under any of the circumstances set forth in subsection 1, the funeral director shall notify the local medical officer of health and refer the case to him for immediate investigation. R.S.O. 1937, c. 88, s. 32 (2), amended.
Reference to coroner.
Coroner's warrant to bury.
(3) If the legally qualified medical practitioner referred to in subsection 3 of section 16, or the local medical officer of health referred to in subsection 2, cannot determine the cause of death, or where the circumstances of the case indicate that the death occurred under any of the circumstances set forth in subsection 1, the case shall be referred by either of them to the coroner for investigation. New.
(4) Where a person has died under any of the circumstances referred to in subsection 1 or 3 and it is impossible for the coroner to complete a medical certificate of the cause of death, the coroner may issue his warrant to bury as provided by The Coroners Act, 1948, and the division registrar shall issue, on the delivery to him of the warrant to bury the body, a burial permit, and the coroner shall, within two days of his deter- mining the cause of death, or of the completion of his investiga- tion, issue and deliver or mail the medical certificate of death to the division registrar of the registration division in which the death occurred. R.S.O. 1937, c. 88, s. 36, cl. (c), amended.
Registra- tion before disposition of body.
20. — (1) Subject to subsection 4 of section 19, no person shall bur}', cremate or otherwise dispose of the body of any person who dies within Ontario or remove the body from the registration division within which the death occurred or the body is found, and no person shall take f)art in or conduct
91
15
any funeral or religious service for the purpose of burial, cremation or other disposition of the body of a deceased person, unless the death has been registered under this Act, and an acknowledgment of registration of death and a burial permit has been obtained from the division registrar. R.S.O. 1937, c. 88, s. 31 (1), amended.
(2) The funeral director shall retain the acknowledgment Acknowiedg-
. r,i -1 r t - 1 • 1-1 rnent to be
of registration of death as evidence of his having complied retained by
. , , . A funeral
With this Act. director.
(3) No person shall conduct a funeral or other religious Person not burial service unless the burial permit signed by the proper servi^e'^un- division registrar is produced to him. New. plrn^t'^^ro-
duced.
(4) A cemetery owner shall not permit the interment or Delivery of cremation of the body of any person in the cemetery or crema- permit, torium unless the burial permit is delivered to him. R.S.O.
1937, c. 88, s. 40 (1), amended.
... . Cemetery
(5) The cemetery owner shall retain the burial permit as owner to
evidence of his having complied with this Act. New. burial
permit.
(6) Where no person is in charge of the cemetery at the where no time of the burial or other disposition of the body, the funeral ^^^gg j," director shall write across the face of the burial permit the cemetery, words "No person in charge", and shall append his signature thereto and return the burial permit to the division registrar
of the registration division in which the burial or other dis- position took place. R.S.O. 1937, c. 88, s. 41, amended.
21. — (1) If the body of a person is to be removed to the Removal place of burial or other disposition by a transportation com- °^ bodies, pany or other common carrier, such removal shall not take place until the burial permit has been affixed to the outside of the casket. New.
(2) If the death occurred outside of Ontario and the burial H®A**l °"*
... , . . .of Ontario.
or Other disposition of the body is to take place in Ontario, a burial, transit or removal permit or such other document as may be prescribed or required under the laws of the juris- diction in which the death occurred, signed by the proper officer of the place in which the- death occurred shall be suffi- cient authority for the burial or other disposition of the body. R.S.O. 1937, c. 88, s. 31 (2), amended.
22. A cemetery owner shall, on or before the 10th day of j^g^uj-ns of each month, mail to the Registrar-General a return in the ^^^^^^I^^JJ^ prescribed form of the burials and cremations that took place in the cemetery or crematorium during the last preceding month. R.S.O. 1937, c. 88, s. 40 (2), amended.
91
16
ReKistration of aeath by Registrar- Oeneral.
Method of application for regis- tration.
Registra- tion of death.
23. — (1) If the death of a person has not been registered within one year from the day of the death, apphcation for registration of the death may be made to the Registrar- General in the prescribed form.
(2) The application shall be accompanied by, —
(a) the prescribed fee;
(b) the statement provided for in subsection 2 of section
16, completed and certified;
(c) a statutory declaration in the prescribed form by
the applicant or any other person ; and
(d) such other evidence as may be prescribed by the regulations.
(3) If the Registrar-General is satisfied as to the bona fides of the application and the correctness and sufficiency of the evidence adduced in support thereof, he may register the death by signing the statement, and thereupon the statement shall constitute the registration of the death. R.S.O. 1937, c. 88, s. 42, part, amended.
ADOPTION ORDERS.
Registra- tion of Ontario adoption order.
Notation of adoption on birth regis- tration.
24. — (1) Upon receipt of a certified copy of an order of adoption transmitted under section 12 of The Adoption Act, the Registrar-General shall register the order.
(2) If the birth of the person adopted, —
(a) was registered in Ontario before the adoption; or
(&) is registered in Ontario after the adoption in accor ance with this Act,
the Registrar-General, uix)n production of evidence satis- factory to him of the identity of the person, shall cause a notation of the adoption and of any change of name conse- quent thereon with a reference to the registration of the order, to be made upon the registration of birth of the person, and shall cause a reference to the registration of the birth to be endorsed on the copy of the order.
Registration of order of another Jurisdiction.
(3) Where a person whose birth has been registered in Ontario has been adopted pursuant to an order, judgment or decree of adoption made by a court of competent jurisdiction of another province, state or country, the Registrar-General,
91
17
upon receipt of a certified copy of the order, judgment or decree, issued under the seal of the proper certifying authority and upon production of evidence satisfactory to him of the identity of the person, shall register the order, judgment or decree and shall cause a notation of the adoption and of any change of name consequent thereon with a reference to the registration of the order to be made upon the registration of the birth of the person, and shall cause a reference to the registration of the birth to be endorsed on the copy of the order, judgment or decree. 1941, c. 55, s. 42, amended.
(4) Where a notation of adoption and of a change of certificate name consequent thereon has been made on a registration t"®^ adop- of birth, and application is afterwards made for a birth certificate pursuant to this Act, the certificate shall be issued
as if the registration had been made in the name as changed. New.
(5) Every notation made pursuant to this section shall be Notation^to dated and initialled by the officer designated by the regula- initialled, tions. New.
26. — (1) If a child born in another province or in any child born state has been adopted in Ontario pursuant to The Adoption^pr ov^ceov Act, the Registrar-General shall transmit a certified copy of^*^*®* the order to the person having charge of the registration of births in the province or state in which the child was born.
(2) If a child born in a jurisdiction other than a province child born or state has been adopted n Ontario pursuant to The Adop-^j^^sAictton. Hon Act, the Registrar-General, upon request, may transmit Rev. stat. a certified copy of the order to the person having charge of°-^^^" the registration of births in the jurisdiction in which the child was born. New.
CHANGES OF NAMES.
26. — (1) Upon receipt of a certified copy of an order Registration transmitted under section 17 of The Change of Name Act, 1948, changing the Registrar-General shall register the order. 1 9^! c.
(2) If the birth or marriage of a person whose name is Notation of
1 , , . , ^ change on
Changed by the order, — registra-
tions.
(a) was registered in Ontario before the date of the order; or
{b) is registered in Ontario after the date of the order in accordance with this Act,
91
18
the Registrar-General, upon production of evidence satis- factory to him of the identity of the person shall cause a notation of the change of name with a reference to the regis- tration of the order to be made upon the registration of birth or marriage of the person, and shall cause a reference to the registration of the birth or marriage to be endorsed on the copy of the order.
Certificate of registra- tion after notation of change of name.
(3) Where a change of name has been noted on a birth or marriage registration and application is afterwards made for a birth or marriage certificate pursuant to this Act, the certificate shall be issued as if the registration had been made in the name as changed by the order.
Annulment of order re change of name. .
1948, 0. . ..
(4) Upon the receipt of a certified copy of an annulling order transmitted under section 21 of The Change of Name Act, 1948, the Registrar-General shall cause a notation of the annulling order and a reference to the registration thereof to be made upon every registration on which a notation has been made pursuant to the original order.
be°daVed and (5) Every notation made pursuant to this section shall be initialled. dated and initialled by the oflficer designated by the regula- tions. New.
DIVORCE DECREES.
statement by registrar respecting divorce decrees.
27. — (1) The Registrar of the Supreme Court and every local registrar of the Supreme Court shall, from time to time, as prescribed by the regulations, furnish to the Registrar- General a statement in the prescribed form respecting each final decree of divorce entered by him in the Supreme Court. R.S.O. 1937, c. 88, s. 30 (1), amended.
Notation of decree upon registration of marriage.
(2) If the marriage dissolved or annulled by the decree was solemnized in Ontario and registered with the Registrar- General, the Registrar-General, upon receipt of the statement of the divorce, shall register the statement and shall cause a notation of the decree with a reference to the registration of the statement to be made upon the registration of the mar- riage, and shall cause a reference to the registration of the marriage to be endorsed on the statement.
Divorce decrees of other juris- dictions.
(3) Where a marriage that has been registered in Ontario has been dissolved or annulled by an order, judgment or decree made by a court of competent jurisdiction in another province, or by an Act of the Parliament of Canada, the Registrar-General, upon receipt of a certified copy of such order, judgment, decree or Act issued under the seal of the proper certifying authority shall register the order, judgment, decree or Act and shall cause a notation thereof with a refer-
91
19
ence to its registration to be made upon the registration of the marriage, and shall cause a reference to the registration of the marriage to be endorsed on the copy of the order, judgment, decree or Act.
(4) If, subsequent to the registration of the divorce, Certificate application is made for a marriage certificate, the certificate dissolved ^^ shall contain a copy of the notation made under subsection ^^ divorce. 2 or 3. New.
(5) The Registrar and the local registrars of the Supreme Fee for Court shall receive a fee of fifty cents for each statement of aof^dfvorce. divorce furnished to the Registrar-General and the fees shall
be payable from time to time by the Treasurer of Ontario out of the Consolidated Revenue Fund. R.S.O. 1937, c. 88, s. 30 (2), amended.
(6) Every notation made pursuant to this section shall be Notation on dated and initialled by the officer designated by the regula-^®^'^ tions.
(7) No certificate of divorce shall be issued by the Registrar- Certificates ^ . ■.-, J b prohibited, (jreneral. New.
28. — (1) Where a marriage that has been performed in Marriage another province has been dissolved or annulled in Ontario, fna^notifel- the Registrar-General upon receipt of the statement respecting p'"°'^'"°®- the decree of divorce in respect of the marriage, transmitted under section 27, shall require the Registrar or local registrar who transmitted the statement to furnish him with a certified copy of the order, judgment or decree issued under the seal of the proper certifying authority.
(2) Upon receipt of the certified copy, the Registrar-General idem, shall transmit it to the person having charge of the registration of marriages in the province in which the marriage was performed. New.
REGISTRATION OF BIRTHS AND DEATHS OCCURRING ON BOARD SHIP.
29. Upon receipt from the Minister of Transport of^jj-thsand information transmitted under the Canada Shipping Act, 1934, ^®^*5^ 2^
/r- 1 \ • 1 1 • , r ,.,,.,.-- board ship.
(Canada), respectmg the birth of a child or the death of a
person on board a ship whose port of registry is within Ontario, (Canada).
the Deputy Registrar-General may register the birth or death.
New. ,
CHURCH RECORDS,
30. — (1) Any cemetery company or association, or any Filing of religious body or historical society or association, or any records.
91
20
corporation or individual in possession of any record of births, marriages, baptisms or deaths which may be of value in establishing the genealogy of any resident in Ontario may, with the approval of the Registrar-General, deposit such record with the Registrar-General without charge. R.S.O. 1937, c. 88, s. 11 (1), amended.
Records to be preserved.
(2) Upon being deposited, the records shall be preserved and remain in the custody of the Registrar-General as part of the records of his office. New,
CORRECTION OF ERRORS IN REGISTRATIONS.
Corrections by division registrar.
31. — (1) If, while the registration of any birth, marriage, death or still-birth is in the possession of a division registrar, it is reported to him that an error has been made in the registration he shall inquire into the facts and if he is satisfied that an error has been made in the registration he may correct the error according to the facts by a notation on the registra- tion without any alteration being made in the registration. R.S.O. 1937, c. 88, s. 17 (1), part, amended.
Correction by personal appearance.
(2) If the person originally supplying the information con- tained in a registration to be corrected appears in person, the division registrar may permit correction in the original entry. New.
Correction (3) if^ after a registration has been received or made by the General. Registrar-General, it is reported to him that an error has been made, the Registrar-General shall inquire into the facts, and upon the production of evidence satisfactory to him supplemented by statutory declaration in the prescribed form, he may correct the error by a notation on the registration without any alteration being made in the registration. R.S.O. 1937, c. 88, s. 17 (2), part, amended.
Certificate of registra- tion which has been corrected.
(4) If, subsequent to the correction of an error, application is made for a certificate pursuant to this Act, the certificate shall be prepared as if the registration had been made con- taining correct particulars at the time of registration, but if a certified copy of the registration is required, the certified copy shall contain a copy of the notation made pursuant to sub- section 1 or 3. New.
Notation on (5) Every notation made pursuant to this section shall registration, ^g dated and initialled by the person making the correc- tion or the officer designated by the regulations. R.S.O. 1937, c. 88, s. 17 (1, 2), part, amended.
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21
REGISTRATION DIVISIONS.
32.— (1) The whole of Ontario shall be divided into Registration registration divisions. R.S.O. 1937, c. 88, s. 12 (1), amended.
(2) Everv municipalitv shall be a registration division. Municipal R.S.O. 1937, c. 88, s. 12^(2). "'''*'■
(3) The Lieutenant-Governor in Council may divide that Srit^ry!^®** part of Ontario not within a municipality into registration divisions, and may from time to time extend, reduce, sub- divide or annul any such registration division or merge it in
whole or in part with one or more registration divisions and may attach any territory or portion thereof not being part of a municipality to a registration division constituted under subsection 2. R.S.O. 1937, c. 88, s. 12 (3), amended.
APPOINTMENT AND DUTIES OF DIVISION REGISTRARS.
33. — (1) The clerk of every municipality shall be ex officioMunicipai
... ..... clerks to be
division registrar of the registration division formed by the division municipality and any territory thereto attached unless ^he'"®gi^ '■^'"^• Lieutenant-Governor in Council appoints some other person as a division registrar in his stead. R.S.O. 1937, c. 88, s. 14 (1), amended.
(2) The Lieutenant-Governor in Council may appoint the -'Sppoiptment
.... . r . . ,• . . 1 • 1 • r of division
division registrar for a registration division which is formed of registrar in
... .... , , . . unorganized
territory not within a municipality or attached to a munici- territory, pality. R.S.O. 1937, c. 88, s. 13, amended.
(3) The division registrar shall have power to take the Power to afifidavit or statutory declaration of any person for the purposes davits. of this Act. New.
(4) In a city having a population of 50,000 or over, the sub- division registrar may, with the approval of the Registrar- [n^cft^^*^^ General, appoint such sub-registrars as may be necessary
for the more convenient carrying out of the provisions of this Act with respect to the registration of deaths and for the issuing of burial permits. R.S.O. 1937, c. 88, s. 34 (3).
(5) Where the Registrar-General deems it necessary in sub- order to facilitate the registration of deaths for the purpose effewherl. of burial in any section of Ontario, he may appoint a sub- registrar for the special purpose of issuing a burial permit upon pavment bv the applicant of a fee of twentv-five cents. R.S.O. 1937, c. 88, s. 38 (1), amended.
91
22
registrar (^) ^ sub-registrar shall forthwith transmit the registration
rejdstraUon ^° ^^^ division registrar for the registration division in which the death occurred or in which the body was found for regis- tration by him. R.S.O. 1937, c. 88, s. 38 (2), amended.
Duties of
division
registrars.
34. The division registrar shall, —
(a) receive and sign statements and registrations and issue burial permits; New.
(b) supply, free of charge, any prescribed form required
by any person in order to comply with this Act; R.S.O. 1937, c. 88, s. 18 (1), amended.
(c) keep all registrations, records, notices and documents
received by him in a place of safety;
(d) use all available means to obtain the necessary information for the purpose of completing the regis- trations required to be made by him; R.S.O. 1937,
c. 88, s. 14 (5), amended.
(e) inform the proper person of the duty to furnish him
with particulars for the registration of a birth, marriage, death or still-birth if he has reason to believe that any has taken place within his division and has not been registered, and, on the failure of such person to make the registration within seven days, supply to the Registrar-General such informa- tion as he has in his possession regarding the failure of any person to furnish the required particulars; R.S.O. 1937, c. 88, s. 15, amended.
(f) examine every statement of birth, marriage, death or
still-birth in order to ascertain whether or not it has been completed in the prescribed form;
(g) ensure that every registration of birth, marriage, death or still-birth has been written legibly in durable
ink;
(h) refuse to accept any statement which does not contain all the items of information required therein unless he has received a satisfactory explanation for the omission ; R.S.O. 1937, c. 88, s. 18 (2), amended.
(i) call attention to any defects in a statement of per- sonal particulars or medical certificate of death which is incomplete or unsatisfactory, and withhold the issuance of the acknowledgment of registration of
91
23
death and the burial permit until such defects have been corrected; R.S.O. 1937, c. 88, s. 18 (3), amended.
(j) sign every registration as division registrar in attesta- tion of the date of registration in his office; New.
(k) number consecutively the registrations of births, marriages, deaths and still-births in four separate series beginning with "No. 1" for the first registra- tion of a birth, marriage, death or still-birth in each calendar year; R.S.O. 1937, c. 88, s. 18 (4), amended.
(I) transmit to the Registrar-General as required by the regulations the registration of ever}^ birth, marriage, death and still-birth made by him ;
(m) report the fact to the Registrar-General, in the prescribed form, if no birth, marriage, death or still- birth has been registered; R.S.O. 1937, c. 88, s. 14 (3), amended.
(«) keep such records as may be prescribed by the regulations; and
(o) transmit to the proper division registrar within forty- eight hours every registration of birth, marriage, death or still-birth received by him which did not
occur within his registration division. New.
*
35. Every division registrar shall, under the direction of Report to the Registrar-General, enforce this Act in his registration oeneraf of division and shall make an immediate report to the Registrar- of Act?'^**°'^ General of any violation of this Act of which he has knowledge. R.S.O. 1937, c. 88, s. 19, amended.
REMUNERATION OF DIVISION REGISTRAR.
36. — (1) Every municipality shall pay annually, on the Remunera- 1st day of February, to the division registrar, a remuneration dhr'isfo^n of twenty-five cents for each registration of a birth, marriage, ^^^istrar. death or still-birth transmitted to the Registrar-General during the preceding calendar year, on presentation of the certificate of the Registrar-General to the treasurer of the municipality, but a municipality may by by-law with the approval of the Registrar-General limit the aggregate remun- eration of the division registrar or provide for the pa^Tnent of a stated annual remuneration.
(2) Remuneration at double the rates set forth in sub- ^^^J^^'^^i'^- section 1 shall be paid to every Indian-agent and to every unorganized division registrar appointed by the Lieutenant-Governor in Council for any registration division not included in or
91
24
Monthly remunera- tion per- missible.
Registrar- General to distribute forms.
Cost of forms.
No other forms to be used.
Contents of
birth
certificate:
death certificate;
attached to a municipality, by the Treasurer of Ontario out of the Consolidated Revenue Fund. R.S.O. 1937, c. 88,
s. 54, amended.
(3) Nothing in this section shall prevent the remuneration of a division registrar being paid to him monthly, but in such case the remuneration shall be paid within ten days of the presentation of the certificate of the Registrar-General. New.
FORMS.
37. — (1) The Registrar-General shall distribute the pre- scribed forms to the division registrars.
(2) The cost of the prescribed forms and the distribution thereof shall be paid out of the Consolidated Revenue Fund.
(3) No forms shall be used for the purposes of this Act other than the prescribed forms supplied by the Registrar- General. R.S.O. 1937, c. 88, s. 7, amended.
CERTIFICATES AND SEARCHES.
38. — (1) A birth certificate shall contain only the following particulars of the registration :
(a) name of the child;
(b) date of birth;
(c) place of birth ;
(d) sex;
(e) date of registration ; and
(/) registration number.
(2) A death certificate shall contain only the following particulars of the registration:
(a) name, age and marital status of the deceased ;
(b) date of death;
(c) place of death ;
(d) sex;
(e) date of registration ; and
(/) registration number. 91
25
(3) A marriage certificate shall contain only the following ^^^^j^^^f^^ particulars of the registration:
(a) names of the parties;
(b) date of the marriage ;
(c) place of the marriage ;
(d) place of birth of each of the parties ;
(e) date of registration ; and (/) registration number.
(4) No still-birth certificate shall be issued. fertmcate.
(5) A certificate, order or other document issued by the unde^seaff Registrar-General pursuant to this Act, may bear the seal of
office of the Registrar-General. New.
39. — (1) Upon application and upon payment of the pre- ^^^j^^^^^j^ scribed fee, any person who furnishes substantially accurate certificate; particulars and satisfies the Registrar-General as to his reason for requiring it, may obtain from the Registrar-General a birth certificate in respect of any birth of which there is regis- tration in his office.
(2) Upon application and upon payment of the prescribed death fee, any person may obtain from the Registrar-General a death certificate in respect of any death of which there is a registration in his office.
(3) Upon application and upon payment of the prescribed ^^[r^^|e^ fee, —
(a) one of the parties to the marriage;
(b) a parent of one of the parties;
(c) a child of the marriage; or
(d) any person with the approval of the Registrar-
General,
may obtain from the Registrar-General a marriage certificate in respect of any marriage of which there is a registration in his office. R.S.O. 1937, c. 88, s. 6 (2), amended.
Who may
40.— (1) No certified copy of a registration of birth, of riyistra-^ death or still-birth shall be issued except to a person author- ^,^^^h° death
or still- 91 birth.
26
ized by the Registrar-General or the order of a court and upon payment of the prescribed fee.
obtain'copy ^^^ ^° Certified copy of a registration of marriage shall be ofregistra- issucd cxcept to One of the parties to the marriage or to a marriage. person authorized by the Registrar-General or the order of a court and upon payment of the prescribed fee. New.
Certifloate as prima facie evidence.
41. — (1) A certificate purporting to be issued pursuant to section 39 and signed by the Registrar-General shall be admissible in any court in Ontario as prima facie evidence of the facts certified to be recorded, and it shall not be neces- sary to prove the signature or official position of the person by whom the certificate purports to be signed. R.S.O. 1937, c. 88, s. 6 (3), amended.
Signature of (2) ^ lithographed, printed or stamped facsimile signature Qeneraf "^ of the Registrar-General shall be sufficient authentication of a certificate.
Copy of (^) ^ certified copy of a registration, signed by the Registrar-
^aa^f rimd°^ General or Deputy Registrar-General, purporting to be issued
facie pursuant to section 40, shall be admissible in anv court in
Ontario as prima facie evidence of the facts recorded therein.
Proviso.
(4) Notwithstanding subsections 1 and 3, no birth certi- ficate and no certified copy of a registration of birth or still- birth shall be admissible in evidence to aflfect a presumption of legitimacy. New.
cates^by*^" '*^- ^ division registrar shall not issue a certificate in
re'^istrar respect of any birth, death, marriage or still-birth. New.
Searches.
43. — (1) Any person who, —
(a) applies; '
(b) pays the prescribed fee ; and
Search of
church
records.
(c) satisfies the Registrar-General as to his reason for requiring it,
may have search made for the registration of any birth, death, marriage, still-birth, divorce, adoption or change of name in the indexes kept in the office of the Registrar-General. R.S.O. 1937, c. 88, s. 6 (1), amended.
(2) Any person who, —
(a) applies;
(b) pays the prescribed fee; and 91
27
(c) satisfies the Registrar-General as to his reason for requiring it,
may have search made for any birth, marriage, baptism or death in any record kept in the office of the Registrar-General pursuant to section 30.
(3) The only information given upon a search under sub- information . . ^ 1 ,, , 1 • .1 • r ^L given on
section 1 or 2 shall be as to the existence or otherwise oi the search.
registration, and the registration number if registered. New.
GENERAL PROVISIONS.
44. Subject to section 29, no registration shall be made of a Ontario
, . , .,,,., • 11 • . • 1 r registrations
birth, still-birth, marriage or death occurring outside ot only.
Ontario. New.
45. The provisions of this Act shall apply in respect of ^fP|i!t°^*^°'' any birth, marriage, death, still-birth, divorce, adoption or
change of name, that has occurred prior to the passing of this Act, as well as to any birth, marriage, death, still-birth, divorce, adoption or change of name which may occur sub- sequent to the passing of this Act. New.
46. No person shall issue any document which purports certmcaj;es to be a certificate of a birth, marriage, death or still-birth issued, other than a certificate provided for under the provisions of
this Act. New.
47. — (1) If, after such notice to and the hearing of such Registration interested parties as he considers proper, the Registrar- obtained. General is satisfied that a registration was fraudulently or improperly obtained, he may order that a notation be made on the registration to that effect and thereafter no certificate shall be issued in respect of the registration.
(2) Upon the making of an order under subsection 1, the Order for Registrar-General may require the delivery to him of every drtlflcate. certificate previously issued in respect of the registration.
(3) If the Registrar-General has reason to believe that a Certificate certificate in respect of a registration is being had or used for property, fraudulent or improper purposes, he may, after such notice
to and hearing of such interested parties as he considers proper, make an order requiring the deliver}^ of the certificate to him.
(4) Any person who has in his possession or under his ^^Hfl®^^ °^ control a certificate in respect of which an order has been
made under subsection 2 or 3, shall forthwith deliver the certificate to the Registrar-General. New.
91
28
Secrecy. 4g ^^ division registrar or sub-registrar and no person
employed in the service of His Majesty shall communicate or allow to be communicated to any person not entitled thereto any information obtained under this Act, or allow any such person to inspect or have access to any records containing information obtained under this Act. New.
PENALTIES.
Failure to give notice or furnish particulars.
49. — (1) P2very person who neglects or fails to give any notice, or to register or to furnish any statement, certificate or particulars respecting the birth, marriage, death, still- birth, divorce, adoption or change of name of any person as required by this Act, shall be guilty of an offence and liable to a penalty not exceeding $100. R.S.O. 1937, c. 88, s. 45 (1), amended.
Neglect of division registrar to make returns.
(2) If a division registrar fails to transmit to the Registrar- General any registration, or to make any return as required by this Act he shall be guilty of an offence and liable to a penalty not exceeding $100 and each succeeding week's continuance of failure to make the transmission or return shall constitute a new and distinct offence; and the Registrar- General may refuse to issue a certificate for the payment of any fee due to the division registrar until the transmission or return is made. R.S.O. 1937, c. 88, s. 43, amended.
False in- formation.
50. — (1) Every person who wilfully makes or causes to be made a false statement in any notice, registration, state- ment, certificate, return or other document respecting any particulars required to be furnished under this Act shall be guilty of an offence and liable to a fine not exceeding $500 or to imprisonment for a term not exceeding six months or to both fine and imprisonment; and every legally qualified medical practitioner who wilfully makes a false statement as to the cause of the death of any person, or represents himself as having been in attendance during the last illness of any person when in fact he was not called in attendance until after the death, shall, in addition to any penalty imposed by this Act, be subject to discipline by the Council of the College of Physicians and Surgeons of Ontario. R.S.O. 1937, c. 88, s. 44, amended.
False infor- mation.
(2) Every person who wilfully makes, or causes to be made a registration of a birth, marriage, death or still-birth as having occurred in Ontario in respect of any person whose birth, marriage, death or still-birth did not occur in Ontario, shall be guilty of an offence and liable to a fine not exceeding S500 or to a term of imprisonment not exceeding six months or to both fine and imprisonment. New.
91
29
51. Any person violating any of the provisions of section ^^fJcT%% °^ shall be guilty of an offence and liable to a penalty not exceed- provision, ing S200. New.
52. Ever\- person guilty of any act or omission in violation pe^naity. of this Act for which no penalty is otherwise provided shall be guilty of an offence and liable to a penalty not exceeding $100. R.S.6. 1937, c. 88, s. 46, amended.
53. The penalties imposed by this Act shall be recoverable how^recover- under The Summary Convictions Act. R.S.O. 1937, c. 88,|^^J®- g^.^^.
s. 48. ' °- 136.
REGULATIONS.
54. The Lieutenant-Governor in Council may make ^®^"^^*^°'^^- regulations, —
(a) prescribing the forms to be used in carrying out the
provisions of this Act;
(b) prescribing the duties of the Deputy Registrar-
General and providing for the delegation to him of uch of the powers and duties of the Registrar- General as may be deemed necessary;
(c) prescribing the duties of inspectors;
(d) prescribing the system of filing of registrations;
(e) prescribing the particulars of registrations to be
entered in the indexes;
(/) prescribing the duties of and records to be kept by the division registrars;
(g) prescribing the information and returns to be fur- nished to the Registrar-General, and fixing the times when information and returns are to be transmitted ;
(h) fixing the times when division registrars shall forward registrations to the Registrar-General;
(i) prescribing the duties of, and returns to be made by sub-registrars;
(j) designating the persons who may have access to, or may be given information from the records in the Registrar-General's office, and prescribing an oath of secrecy to be taken by such persons;
(k) for the registration of births, marriages, deaths, still-births, divorces, adoptions or changes of name in cases not otherwise provided for in the Act;
91
30
(/) prescribing the fees to be paid for searches, ccrtifi cates and anything done or permitted to be done under the Act and providing for the waiver of payi ment of any such fees in favour of any person class of persons;
(w) designating the officers who may sign registration! and notations;
(») prescribing the evidence on which the Registrar- General may register a birth, still-birth, marriage or death after one year from the date thereof;
{6) prescribing the evidence on which the Registrar- General may make a registration of birth in thel case of a child legitimated by the subsequent inter-.| marriage of his parents;
{p) requiring the persons in charge of hospitals to make returns of the births of all children born in the hospitals ;
(g) prescribing special forms for registrations in respecti of Indians;
(r) providing that registrations in respect of Indians shall be kept separate from other registrations;
(5) authorizing every Indian-agent in Ontario to act ex officio as division registrar for the Indians under his jurisdiction; and
(0 for the purpose of effectively securing the due obser- vance of the Act, and generally for the better carrying out of the provisions thereof and obtaining the information required thereby. R.S.O. 1937, c. 88, s. 53, amended.
Transfer of change of name material from Regis- trar of Supreme Court.
1939. c. 6.
SPECIAL PROVISIONS.
65. — (1) The Registrar of the Supreme Court shall transmit to the Registrar-General, upon the coming into force of this Act, —
{a) all certified copies of orders and duplicate originals of applications and verifying affidavits received by him pursuant to The Change of Name Act, 1939;
(b) all index books kept by him pursuant to the said Act; and
91
31
(c) all annulling orders received by him pursuant to the said Act.
(2) The Registrar-General, upon application in the pre- j^otation of scribed form and upon production of evidence satisfactory °^^|e°Jyj._
to him, — li^e before
the com- mencement
(a) that the name of a person whose birth or marriage ° has been registered in Ontario was changed prior to the coming into force of this Act by an order under The Change of Name Act, 1939; ' i939. c. 6.
{h) that the order has not been annulled; and
(c) of the identity of the person,
shall cause a notation and references to be made as provided in subsection 2 of section 26, and subsections 3 to 5 of section 26 shall thereupon be applicable. New.
REPEAL.
66. The Vital Statistics Act, section 33 of The Statute Law^^^^^l^l'^ Amendment Act, 1939, section 42 of The Statute Law Amend-'^-fj'-^- ff:
1941 c oo
ment Act, 1941, section 40 of The Statute Law Amendments- 4:2] 19^2',
. C 34 S 40'
Act, 1942, and section 40 of The Statute Law Amendment I'd'isl 0. 28'. Act, 1943, are repealed. petted".®'
COMMENCEMENT OF ACT.
57. This Act shall come into force on a day to be named by commence-
iT- /-^ ti-T->i • ment of Act.
the Lieutenant-Governor by his rroclamation.
SHORT TITLE.
58. This Act may be cited as The Vital Statistics Act, 1948. short title.
91
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No. 92
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Female Refuges Act.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
The effect of this amendment is to give a judge of a juvenile court power to deal with cases under The Female Refuges Act.
92
No. 92 1948
BILL
An Act to amend The Female Refuges Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Rev. Stat.,
1. Clause c of section 1 of The Female Refuges Act isci. c, ' ^' ' amended by inserting after the word "court" in the second line ^'^®'^<ie^- the words "judge of a juvenile court," so that the said clause
shall now read as follows:
(c) "Judge" shall include judge of the Supreme Court, "Judge". judge of a county or district court, judge of a juvenile court, and magistrate.
2. This Act may be cited as The Female Refuges Amendment short title. Act, 1948.
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No. 92
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Female Refuges Act.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 92 • 1948
BILL
An Act to amend The Female Refuges Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Rev. Stat..
1. Clause c of section 1 of The Female Refuges Act isci. c,*' ^' ■^' amended by inserting after the word "court" in the second line ^"^6'^^6<*- the words "judge of a juvenile court," so that the said clause
shall now read as follows:
{c) "Judge" shall include judge of the Supreme Court, "Judge", judge of a county or district court, judge of a juvenile court, and magistrate.
2. This Act may be cited as The Female Refuges Amendment Short title. Ad, 1948.
92
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No. 93
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Agricultural Development Finance Act.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
This Act, passed in 1921, empowers the Treasurer of Ontario to borrow money by means of deposits in any amount from any person and to open offices for this purpose. Section 3 states the purposes for which the money borrowed may be used. It now reads:
3. Moneys available under this Act shall be used for investment for any one or all of the following purposes and no other:
(c) loans to members of associations under The Farm Loans Act;
(b) bonds or debentures issued under The Agricultural Development
Act:
(c) bonds or debentures of or guaranteed by the Dominion of Canada or any Province of Canada ;
(d) bonds or debentures of or guaranteed by any municipality or school section in the Province of Ontario;
(c) securities in which under The Trustee Act, trustees may invest trust funds.
93
No. 93 1948
BILL
An Act to amend The Agricultural Development Finance Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 3 of The Agricultural Development Finance Act^^^rj^^^^-' is repealed and the following substituted therefor: re-enacted.
3. Moneys borrowed under this Act shall be used for use of
.,-,,. . , , ,. . moneys.
any oi the tollowing purposes: tor the public service, for works carried on by commissioners on behalf of Ontario, for the covering of any debt of Ontario on open account, for paying any floating indebtedness of Ontario, and for the carrying on of the public works authorized by the Legislature.
2. This Act shall come into force on the day upon which it commence- receives the Koyal Assent.
3. This Act may be cited as The Agricultural Developrnent short title. Finance Amendment Act, 1948.
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No. 93
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Agricultural Development Finance Act.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 93 1948
BILL
An Act to amend The Agricultural Development Finance Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 3 of The Agricultural Development Finance ylc/ Rev. stat., is repealed and the following substituted therefor: re-enacted.
3. Moneys borrowed under this Act shall be used for use of any of the following purposes: for the public service, for works carried on by commissioners on behalf of Ontario, for the covering of any debt of Ontario on open account, for paying any floating indebtedness of Ontario, and for the carrying on of the public works authorized by the Legislature.
2. This Act shall come into force on the day upon which it Commence-
^1- T-> 1 \ j_ ment of Act.
receives the Royal Assent.
3. This i\ct may be cited as The Agricultural Development Short title. Finance Amendment Act, 1948.
93
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No. 94
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Northern Development Act.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. The appointment of an assistant commissioner is made possible.
Section 2. Sections 5 and 6, which deal with the taking of oaths and the fixing of salaries, are deleted as these matters are now dealt with in The Public Service Act, 1947.
Section 3. The powers of the Commissioner are broadened in order that titles may be cleared up in cases where settlers' lands have been abandoned.
94
No. 94 1948
t BILL
An Act to amend The Northern Development Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Northern Development Act is amended by adding thereto the following section:
Rev. Stat, c. 34, amended.
4a. The Lieutenant-Governor in Council may from time Assistant to time appoint an assistant commissioner who shall gjoJ^?!'''' have and may exercise and perform all the powers, rights, duties and obligations of a commissioner under this Act.
2. Sections 5 and 6 of The Northern Development Act areRev. stat.. repealed. ss. 5,' 6,
repealed.
3. Section 22 of The Northern Development Act is repealed Rev. stat.. and the following substituted therefor: re-enacted."
22. — (1) Where notice of a lien or charge in respect of a Powers as loan to a settler has been duly registered in theuens. Department of Lands and Forests or in the proper registry or land titles office in accordance with this Act or any predecessor of this Act, the Commissioner shall be deemed to have and to have had from the date of the registration of such notice and may exercise and enforce all rights, privileges, powers and remedies in the name of the Crown in the same manner and to the same extent as if the settler and his wife, if any, to bar her dower or as co-mortgagor or co-chargor had executed a mortgage to the Crown under The Mortgages Act and such mortgage had Rev. stat., been registered against the lands described in the °' ■'^^^' notice of lien.
(2) In addition to the rights, privileges, powers and Additional remedies given under The Mortgages Act, the Com-^*^^^ missioner, on default of payment for six months, may on one month's notice enter on and lease or sell the said lands.
94
Notice.
(3) The notice under subsection 2 may be effectually
given,—
Validity of notice.
(a) where the lands described in the notice of lien are occupied, by leaving it with any person on the lands; or
(6) where the lands are unoccupied, by posting it in a conspicuous place on the lands, or by publishing it once in a newspaper having a general circulation in the locality in which the lands are situate.
(4) The notice shall be effectual although, —
(a) it is not addressed to any person or persons by name or designation ;
(b) any person or persons to be effected thereby
may be unknown or unascertained or under disability;
(c) the settler and his wife or any person affected
thereby may be dead and no personal repre- sentative appointed to their respective estates; and
(d) the whereabouts of the settler and his wife or of any person to be affected thereby may be unknown.
Payments due deemed as rent.
Rev. Stat., c. 219.
(5) Any payment or payments due or to become due on the said lands shall be deemed to be rent, and the Commission shall be deemed to have and to have had from the date of the registration of the notice of lien, and may exercise and enforce all rights, privileges, powers and remedies in the name of the Crown in the same manner and to the same extent as a land- lord under The Landlord and Tenant Act.
Assignment of charge or loan debt.
Rev. Stat., c. 155.
Power to accept release of settler's interest and dispose of land.
(6) The Commissioner may assign the loan, debt or charge and convey the property charged, and the person to whom any such assignment is made shall have, and in his own name may exercise and enforce all rights, privileges, powers and remedies in the same manner and to the same extent as if the said lien or charge were a mortgage made under The Mortgages Act and assigned to such person.
(7) The Commissioner may accept a release, quit claim
or other conveyance of the settler's interest or the
94
Section 4. Self-explanatory,
94
interest of any interested person in title in the lands in regard to which any lien exists and may sell, lease or otherwise dispose of any property which he has thus acquired at such price and upon such terms as in his discretion is deemed advisable.
4. Every certificate of discharge and every release given by certificates the Minister, Deputy Minister or Commissioner prior to the and'reieas^ 1st day of January, 1948, purporting to discharge any lien or '^°'^^^™®**- charge under The Northern Development Act or any prede- cessor of The Northern Development Act is hereby confirmed.
5. This Act may be cited as The Northern Development Short title. Amendment Act, 1948.
94
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No. 94
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Northern Development Act.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 94 1948
BILL
An Act to amend The Northern Development Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Northern Development Act is amended by adding Rev. stat., thereto the following section: amet^ded.
4a. The Lieutenant-Governor in Council may from time Assistant to time appoint an assistant commissioner who shall ^°™^''^" have and may exercise and perform all the powers, rights, duties and obligations of a commissioner under this Act.
2. Sections 5 and 6 of The Northern Development Act are Rev. stat., repealed. ss. 5,' 6.
repealed.
3. Section 22 of The Northern Development Act is repealed Rev. stat.. and the following substituted therefor: re-en'acted.'
22. — (1) Where notice of a lien or charge in respect of a Powers as loan to a settler has been duly registered in the [^nl.^'^*®'"®'* Department of Lands and Forests or in the proper registry or land titles office in accordance with this Act or any predecessor of this Act, the Commissioner shall be deemed to have and to have had from the date of the registration of such notice and may exercise and enforce all rights, privileges, powers and remedies in the name of the Crown in the same manner and to the same extent as if the settler and his wife, if aay, to bar her dower or as co-mortgagof or co-chargor had executed a mortgage to the Crown under The Mortgages Act and such mortgage had j^gv. stat., been registered against the lands described in the °- ^^^• notice of lien.
(2) In addition to th'e rights, privileges, powers and Additional remedies given under The Mortgages Act, the Com-^°^^®^^" missioner, on default of payment for six months, may on one month's notice enter on and lease or sell the said lands.
94
Notice.
(3) The notice under subsection 2 may be effectually
given , —
(a) where the lands described in the notice of
Hen are occupied, by leaving it with any person on the lands; or
(b) where the lands are unoccupied, by posting it
in a conspicuous place on the lands, or by publishing it once in a newspaper having a general circulation in the locality in which the lands are situate.
Validity of notice.
(4) The notice shall be effectual although, —
(a) it is not addressed to any person or persons by name or designation ;
(b) any person or persons to be effected thereby
may be unknown or unascertained or under disability;
(c) the settler and his wife or any person affected
thereby may be dead and no personal repre- sentative appointed to their respective estates; and
(d) the whereabouts of the settler and his wife or of any person to be affected thereby may be unknown.
Payments due deemed as rent.
Rev. Stat., 0. 219.
(5) Any payment or payments due or to become due on the said lands shall be deemed to be rent, and the Commission shall be deemed to have and to have had from the date of the registration of the notice of lien, and may exercise and enforce all rights, privileges, powers and remedies in the name of the Crown in the same manner and to the same e.xtent as a land- lord under The Landlord and Tenant Act.
Assignment of charge or loan debt.
Rev. Stat., c. 155.
Power to accept release of settler's interest and dispose of land.
(6) The Commissioner may assign the loan, debt or
charge and convey the property charged, and the person to whom any such assignment is made shall have, and in his own name may exercise and enforce all rights, privileges, powers and remedies in the same manner and to the same extent as if the said lien or charge were a mortgage made under The Mortgages Act and assigned to such person.
(7) The Commissioner may accept a release, quit claim
or other convejance of the settler's interest or the
94
interest of any interested person in title in the lands in regard to which any lien exists and may sell, lease or otherwise dispose of any property which he has thus acquired at such price and upon such terms as in his discretion is deemed advisable.
4. Every certificate of discharge and every release given by certificates the Minister, Deputy Minister or Commissioner prior to the °n^\^ei^|g|| 1st day of January, 1948, purporting to discharge any lien or '^°'^^'""^®^- charge under The Northern Development Act or any prede- cessor of The Northern Development Act is hereby confirmed.
5. This Act may be cited as The Northern Development short title. Amendment Act, 1948.
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No. 95
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Adoption Act.
Mr. Goodfellow
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
This amendment is complementary to the provisions of The Vital Statistics Act, 1948. The present section 12 provides what shall be done by the Registrar-General upon receipt of an adoption order and such matters are now covered in The Vital Statistics Act, 1948.
95
No. 95 1948
BILL
An Act to amend The Adoption Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 12 of The Adoption Act is repealed and the Rev. stat., following substituted therefor: r4-lnl'ct4d.^'
12. — (1) The proper officer of the court shall transmit Copy of to the Registrar-General under The Vital Statistics RegistrLr- Act, 1948, a certified copy of every adoption order, f Q4i^ q]\ _ under the seal of the proper certifying authority, within ten days of the making of the order.
(2) Where the adopted child was born outside of Ontario Additional the clerk shall transmit an additional certified copy''"'^^' to the Registrar-General.
2. This Act shall come into force on a day to be named by £*^"V"®P^®\ the Lieutenant-Governor by his rroclamation.
3. This Act may be cited as The Adoption Amendment ^^^^^ *'*'®- Act, 1948.
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No. 95
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Adoption Act.
Mr. Goodfellow
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 95 1948
BILL
An Act to amend The Adoption Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 12 of The Adoption Act is repealed and theRev. stat
c. 218. s. i': re-enacted.
following substituted therefor: °- ^^^- ^- i^-
12.— (1) The proper officer of the court shall transmit Copy of to the Registrar-General under The Vital Statistics Registrar- Act, 1948, a certified copy of ev^ery adoption order, ^9®4'^8®^c'' under the seal of the proper certifying authority, within ten days of the making of the order.
(2) Where the adopted child was born outside of Ontario Additional the clerk shall transmit an additional certified copy^°^^' to the Registrar-General.
2. This Act shall come into force on a day to be named byCommence-
,T- ^ 11-T-ii- ment of Act.
the Lieutenant-Governor by his rroclamation.
3. This Act may be cited as The Adoption Amendment ^^^"^^ tit^^- Act, 1948.
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No. 96
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Apprenticeship Act.
Mr. Daley
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
These amendments are necessary in order that the Act may be properly administered. Their purpose is to enable a branch of a designated trade to be defined and enable the period of time in each year to be served by an apprentice to be prescribed in the regulations.
96
No. 96 1948
BILL
An Act to amend The Apprenticeship Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause c of section 1 of The Apprenticeship Act is repealed ^^^2^***1 and the following substituted therefor: ci. c. ' '
° re-enacted.
(c) "Designated trade" shall mean any trade specified J-'j-^^e"."^*^^ in or added to Schedule A or B hereto or any branch of any such trade.
2. Clause a of subsection 1 of section 15 of The Apprentice-'R^'^- stat., ship Act, as re-enacted by subsection 1 of section 4 of Thesuhs. i.' Apprenticeship Amendment Act, 1946, is repealed and the(i946. following substituted therefor: siibs.^if.'
re-enacted.
{a) defining any designated trade;
{aa) prescribing the qualifications of persons who may become apprentices in any designated trade, the nature and number of educational classes to be attended, the course of training to be provided by the employer and the period of time in each year to be completed by an apprentice in learning his trade.
3. This Act shall come into force on the day upon which it ment"(f "l^c't. receives the Royal Assent.
4. This Act may be cited as The Apprenticeship Amend- Short title, ment Act, 1948.
96
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No. 96
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Apprenticeship Act.
Mr. Daley
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 96 1948
BILL
An Act to amend The Apprenticeship Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause c of section 1 of The Apprenticeship Act is repealed Rev stat.,
and the followins; substituted therefor: ci. c.
re-enacted.
(c) "Designated trade" shall mean any trade specified j'j.^^|^,?^^*®^ in or added to Schedule A or B hereto or any branch of any such trade.
2. Clause a of subsection 1 of section 15 of The Apprentice- Rev. stat.,_
ship Act, as re-enacted by subsection 1 of section 4 of Thesuhs. i, '
Apprenticeship Amendment Act, 1946, is repealed and the (i946,
following substituted therefor: subs.^if,'
re-enacted.
(a) defining any designated trade;
{aa) prescribing the qualifications of persons who ma\' become apprentices in any designated trade, the nature and number of educational classes to be attended, the course of training to be provided by the employer and the period of time in each year to be completed by an apprentice in learning his trade.
3. This Act shall come into force on the day upon which it ment^oTl^. receives the Ro\al Assent.
4. This Act may be cited as The Apprenticeship Amend- Sh.oTt title, ment Act, 1948.
96
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No. 97
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Factory, Shop and Office Building Act.
Mr. Daley
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes.
Section 1. The purpose of the proposed subsections is to improve safety requirements in factories.
Section 2. The proposed section complements Bill No. SI, An Act to amend The Industrial Standards Act, and enlarges the powers of local municipalities with respect to the closing of retail gasoline outlets.
No. 97 1948
BILL
An Act to amend The Factory, Shop and Office Building Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 53 of The Factory, Shop and Q^ce ^Y94%**53, Building Act is repealed and the following substituted therefor: ^^.^^^J^-^g^j
(1) Where any mill-gearing, machinery, appliance, place. Dangerous
^ ^ ■' , . ^ ^' •;' ^% . '^ ' places to be
matter or thmg, or part or parts thereof, m a factory fenced or is dangerous to any person, it shall be safely fenced ^"^'^ or guarded unless its position, construction or at- tachment assures protection.
(la) Where any dangerous machinery, or part or parts safety thereof, cannot be safely fenced or guarded, the re- '^®^''^®^' quirements of subsection 1 shall be deemed to have been complied with if the machinery is provided with a safety device which automatically prevents any person operating it from coming into contact with any dangerous part.
, Not more
(lb) Not more than one person shall work withm reach than one
f. Ml • 1 T 1 !• • • person to
of anv guiilotme-knife, shears, press dies, in-runnmg be within
II ' • M J • reach of
roils or any similar device. certain
devices.
(Ic) Where an inspector has given notice in writing to Cleaning
, 1 • 1 t • machinery.
an employer, no machinery other than steam engines shall be cleaned while in motion.
2. The Factory, Shop and Office Building Act is amended by Rev. stat., adding thereto the following section: amended.
82a. In addition to any matter authorized by section 82, ^j^^^^Yine any by-law thereunder applicable to retail gasoline outlets, service stations, gasoline pumps and outlets in the
retail gasoline service industry as defined in The B.ev. stat. Industrial Standards Act may, —
97
Commence- ment of Act.
Short title.
(a) provide that the by-law shall apply only in the portion or portions of the municipality designated in the by-law;
(b) require that during the whole or any part or
parts of the year such retail gasoline service stations, gasoline pumps and outlets be closed and remain closed during any time or hours between six of the clock in the afternoon of Saturday and five of the clock in the forenoon of the next following Monday; and
(c) provide for the issuing of permits authorizing
the retail gasoline service station, gasoline pump or outlet for which it is issued to be and remain open, notwithstanding the by- law, on the day or days specified in the per- mit until the time or hour specified therein.
3. This Act shall come into force on the day upon which it receives the Royal Assent.
4. This Act may be cited as The Factory, Shop and Office Building Amendment Act, 1948.
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No.'97
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Factory, Shop and Office Building Act.
Mr. Daley
(Reprinted as amended in Committee of the Whole House.)
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes.
Section 1. The purpose of the proposed subsections is to improve safety requirements in factories.
Section 2. The proposed section complements Bill No. 81, An Act to amend The Industrial Standards Act, and enlarges the powers of local municipalities with respect to the closing of retail gasoline outlets.
No. 97 1948
BILL
An Act to amend The Factory, Shop and Office Building Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 53 of The Factory, Shop and Q^cg ^Y94^*s^V3. Building Act is repealed and the following substituted therefor: re-enacted
(1) Where any mill-gearing, machinery, appliance, place, Dangerous matter or thing, or part or parts thereof, in a factory fenced or is dangerous to any person, it shall be safel}- fenced ^"'^'^ ^'^' or guarded unless its position, construction or at- tachment assures protection.
(la) Where any dangerous machinery-, or part or parts safety thereof, cannot be safely fenced or guarded, the x:e-'^^^^^^^- quirements of subsection 1 shall be deemed to have been complied with if the machinery is provided with a safety device which automatically prevents any person operating it from coming into contact w^ith any dangerous part.
{lb) Not more than one person shall work within reach than one of any guillotine-knife, shears, press dies, in-running be within rolls or any similar device. certain
devices. (Ic) Where an inspector has given notice in writing to Cleaning
1 u- iU ^u 4- • machinery.
an employer, no machmery other than steam engmes •shall be cleaned while in motion.
2. The Factory, Shop and Office Building Act is amended by Rev. stat., adding thereto the following section: amended.
82a. In addition to any matter authorized by section 82, Retail^. any by-law thereunder applicable to retail gasoline outlets, service stations, gasoline pumps and outlets in the
retail gasoline service industrv as defined in TAe Rev. stat.
' c 19i
Industrial Standards Act may, —
97
(a) provide that the by-law shall apply only in the portion or portions of the municipality designated in the by-law;
I^F* (b) require that during the whole or any part or
parts of the year such retail gasoline service stations, gasoline pumps and outlets be closed and remain closed at and during any time or hours between six of the clock in the afternoon of any day and seven of the clock in the fore- noon of the next following day and between six of the clock in the afternoon of Saturday and seven of the clock in the forenoon of the next following Monday; and
(c) provide for the issuing of permits authorizing the retail gasoline service station, gasoline pump or outlet for which it is issued to be and remain open, notwithstanding the by-law, during the part or parts of the day or days specified in the permit. "^Pl
ment"oTAct ^* ^^^^ ^^^ shall come into force on the day upon which it receives the Royal Assent.
Short title.
4. This Act may be cited as The Factory, Shop and Office Building Amendment Act, 1948.
97
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No. 97
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Factory, Shop and Office Building Act.
Mr. Daley
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 97 1948
BILL
be
An Act to amend The Factory, Shop and Office Building Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 53 of The Factory, Shop and Q^ce^Y94%^*53. Building Act is repealed and the following substituted therefor: ^^^^^j^gj^-^^jj^
(1) Where any mill-gearing, machinery, appliance, place. Dangerous
, . , - . - places to b
matter or thmg, or part or parts thereoi, m a factory fenced or is dangerous to any person, it shall be safely fenced ^"^^ ® or guarded unless its position, construction or at- tachment assures protection.
(la) Where any dangerous machinery, or part or parts safety thereof, cannot be safely fenced or guarded, the xe-^^'^'^^^^' quirements of subsection 1 shall be deemed to have been complied with if the machinery is provided with a safety device which automatically prevents any person operating it from coming into contact with any dangerous part.
(1&) Not more than one person shall work within reach than one of any guillotine-knife, shears, press dies, in-running be within
11 • M J • reach of
rolls or any similar device. certain
devices.
(Ic) Where an inspector has given notice in writing to Cleaning
I u- .uu .uu ^ • machinery.
an employer, no machinery other than steam engines shall be cleaned while in motion.
2. The Factory, Shop and Office Building Act is amended by Rev. stat.. adding thereto the following section: amended.
82a. In addition to any matter authorized by section 82,R^et^aine any by-law thereunder applicable to retail gasoline outlets, service stations, gasoline pumps and outlets in the retail gasoline service industrv as defined in 7"/ze Rev. stat.,
" c. 191.
Industrial Standards Act ma>', — 97
(a) provide that the by-law shall apply only in
the portion or portions of the municipality designated in the by-law;
(b) require that during the whole or any part or parts of the year such retail gasoline service stations, gasoline pumps and outlets be closed and remain closed at and during any time or hours between six of the clock in the afternoon of any day and seven of the clock in the fore- noon of the next following day and between six of the clock in the afternoon of Saturday and seven of the clock in the forenoon of the next following Monday; and
(c) provide for the issuing of permits authorizing
the retail gasoline service station, gasoline pump or outlet for which it is issued to be and remain open, notwithstanding the by-law, during the part or parts of the day or days specified in the permit.
ment"oTAct ^* ^^^^ ^^t shall come into force on the day upon which it receives the Royal Assent.
Short title. 4 This Act may be cited as The Factory, Shop and Office Building Amendment Act, 1948.
97
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No. 98
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The University Avenue Extension Act, 1928.
Mr. Dunbar
TORONTO
Printed and Published by Baptist Johnston
Printee to the King's Most Excellent Majesty
Explanatory Note
The body that in 1928 was known as the Ontario Railway and Muni- cipal Board is now the Ontario Municipal Board.
It is considered that the approval of the Municipal Board to by-laws disposing of these surplus lands is adequate. The additional approval of the Lieutenant-Governor in Council to such by-laws will no longer be required.
98
No. 98 1948
BILL
An Act to amend The University Avenue Extension
Act, 1928.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1 . Subsection 5 of section 2 of The University Avenue i928. c. i7. Extension Act, 1928, is amended by striking out the words a'mendecf.' ' "Railway and" in the seventh line and the words "and of the Lieutenant-Governor in Council" in the seventh and eighth
lines, so that the said subsection shall now read as follows:
(5) Upon University Avenue being extended under the Sale of new provisions of this Act the lands acquired by the said extenlfon of corporation on either side of University Avenue as Avenue!*^ so extended shall be sold, leased or otherwise disposed of by the said corporation upon such terms and conditions as may be fixed by by-law of the council of the said corporation with the approval of the Ontario Municipal Board, and all purchase moneys and rentals received for such lands shall be paid into the general funds of the corporation.
2. This Act may be cited as The University Avenue Exten- short title. sion Amendment Act, 1948.
98
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No. 98
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend ThcjUniversity Avenue Extension Act, 1928.
Mr. Dunbar
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 98 1948
BILL
An Act to amend The University Avenue Extension
Act, 1928.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 5 of section 2 of The University Avenue i928, c. n. Extension Act, 1928, is amended by striking out the words am ended.' ' "Railway and" in the seventh line and the words "and of the Lieutenant-Governor in Council" in the seventh and eighth
lines, so that the said subsection shall now read as follows:
(5) Upon University Avenue being extended . under thesaieofnew provisions of this Act the lands acquired by the said extension of corporation on either side of University Avenue as Avenue!*^' so extended shall be sold, leased or otherwise disposed of by the said corporation upon such terms and conditions as may be fixed by by-law of the council of the said corporation with the approval of the Ontario Municipal Board, and all purchase moneys and rentals received for such lands shall be paid into the general funds of the corporation.
2. This Act may be cited as The University Avenue Exten- short title. sion Amendment Act, 1948.
98
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No. 99
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Assessment Act.
Mr. Dunbar
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1 — Subsection 1. This amendment merely brings this clause into line with the balance of the subsection.
Subsection 2. At present rooming houses as defined in clause a of subsection 9 of section 8 of The Assessment Act are exempt from assessment for business tax. The effect of the present definition is to make it clear that a rooming house proprietor is exempt only if he is resident in the rooming house and occupies at least fifty per centum of the floor space as his residence.
Section 2. Column 3 of the assessment roll presently requires an entry of the age of every person entered on the roll. The amendment changes the entry to "the year of birth of every person entered on the roll".
99
No. 99 1948
BILL
An Act to amend The Assessment Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Clause k of subsection 1 of section 8 of The Assess-B.ev. stat.,
. . c 272 s 8
ment Act is amended by inserting after the letter "/" in thesiibs. i. ci.'ife, eighth line the word and letter "or m", so that the said clause ^"^^^ ® shall now read as follows:
{k) Every person carrying on the business of a photo- grapher or of a theatre, concert hall, or skating rink, or other place of amusement, or of a boarding stable, or a livery, or the letting of vehicles or other property for hire, or of a restaurant, eating house, or other house of public entertainment, or of a hotel or any business not before in this section or in claUvSe I or m specially mentioned, for a sum equal to twenty-five per centum of the assessed value.
(2) Clause a of subsection 9 of the said section 8, as enacted ^Y72^*s^V by section 2 of The Assessment Amendment Act, 1940, is re-subs. 9. ci. a pealed and the following substituted therefor: c. i. s. 2),
re-enacted.
(a) In this subsection, "rooming house" shall mean any house or building or portion thereof, in which the . proprietor resides and occupies at least fifty per centum of the floor space as his residence, and supplies for hire or gain to other persons, lodging with or without meals in rooms furnished by the proprietor with necessary furnishings, and shall not include an hotel or apartment house.
2. Subsection 3 of section 23 of The Assessment Act, as Rev. stat.. amended bv section 15 of The Assessment Amendment Act,l{xhs.zf' 1947, is further amended by striking out "Column 3.— The ^"'^''**^'*- age of every person entered on the roll" and inserting in lieu thereof "Column 3. — The year of birth of every person entered on the roll".
99
Rev. Stat., c. 272, 8. 38 (1946, c. 3. 8. 6). amended.
3. Section 38 of The Assessment Act, as re-enacled by section 6 of The Assessment Amendment Act, 1946 and amended by section 16 of The Assessment Amendment Act, 1947, is further amended by adding thereto the following subsection :
Section 57 not to apply.
(la) The provisions of section 57 shall not apply in respect of land owned by His Majesty in right of Ontario or land in which His Majesty in right of Ontario has an interest.
Rev. Stat., c. 272. 8. 39. 8 ub8. 6. amended.
4. Subsection 6 of section 39 of The Assessment Act, as amended by subsection 1 of section 17 of The Assessment Amendment Act, 1947, is further amended by inserting after the word "situate" in the fourth line the words "or, in unor- ganized territory, the school board having jurisdiction over the area in which such mine or mineral work is situate", so that the said subsection shall now read as follows:
Profits from mines.
(6) The profits from a mine or mineral work shall be assessed by, and the tax leviable thereon shall be paid to the municipality in which such mine or mineral work is situate, or, in unorganized territory, the school board having jurisdiction over the area in which such mine or mineral work is situate; provided that the assessment on each oil or gas well operated at any time during the year shall be at least $20.
Rev. Stat., c. 272. 8. 57, sub8. 2, amended.
5. — (1) Subsection 2 of section 57 of The Assessment Act is amended by striking out the words "income or" where they occur in the second and seventh lines respectively, and by inserting after the word "omitted" in the third line the words "in whole or in part", so that the said subsection shall now read as follows:
I missions of business assessment.
(2) If at any time it appears to any officer of the muni- cipality that any business assessment has been omitted in whole or in part from the assessment roll for the current year or for either or both of the next two preceding years, he shall report the same to the clerk of the municipality, or if the omission to assess comes to the knowledge of the clerk in any other manner, and the clerk shall enter such business assessment on the assessment roll from which such assessment has been omitted, and as well for the preceding year as for the current year, on the col- lector's roll for the current year, but in respect to any assessment for a preceding year or years the taxes payable in respect thereto shall be calculated at the rates of taxation levied for such >ear or years.
99
Section 3. Subsection 1 of section 38 of The Assessment Act author- izes assessment of the interest of a tenant of Crown land or land in which the Crown has an interest. Section 57 authorizes the addition to the collector's roll of land which has not been assessed for the current year or the two preceding years. The effect of this amendment is that no such addition can be made in respect of Ontario Crown lands, that is, unless the assessment is made at the normal time it cannot be added later.
Section 4. This amendment makes it clear that a school board in unorganized territory has authority to assess and collect taxes on the profits of a mine or mineral work situate in the area for which the school board was established.
Section 5 — Subsection 1. The authority for municipal income assess- ment was repealed in 1947.
The words added to subsection 2 of section 57 of The Assessment Act ensure that where a part only of the land used in connection with a business has been assessed, the provisions of section 57 will operate to allow the addition of the balance of the land so used.
99
Subsection 2. This amendment makes it clear that an appeal lies from the court of revision to the county judge. A further appeal to the Ontario Municipal Board is given in the re-enactment of subsection 1 of section 84 of The Assessment Act (see section 11 of this Bill).
Section 6 — Subsection 1. This amendment makes it clear that the provisions of The Assessment Act with respect to the making and revision of assessment rolls and the times therefor apply in every municipality in Ontario. In addition change is made to permit the roll to be returned, the court of revision to be closed, and the county judge to make his final return, prior to the dates fixed.
Subsection 2. Where a county court of revision has been constituted it is not feasible with the amount of work involved to comply with the dates set in subsection 1 of section 59. The times are therefore extended with reference to the county court of revision.
99
(2) Subsection 3 of the said section 57, as amended by sub- ^YTg^^g^*^'^ section 2 of section 11 of The Assessment Amendment Act, iP46,subs. 3 is further amended by striking out all the words after the word "roll" in the fifth line and inserting in lieu thereof the words "and the same rights in respect of appeal shall apply as if such building or land or business had been assessed in the usual way", so that the said subsection shall now read as follows:
(3) Where the clerk performs any of the duties required ^e'rson *^ by this section he shall forthwith thereafter deliver ^^^d, to or send by registered letter post to the person so appeal. taxed a notice setting out the amount of the assess- ment and of the taxes entered on the roll, and the same rights in respect of appeal shall apply as if such building or land or business had been assessed in the usual way.
6. — (1) Subsection 1 of section 59 of The Assessment Act, ^_^27^,^s.^59. as re-enacted by subsection 1 of section 13 of The Assessment^^^g^Q^ Amendment Act, 1946, is repealed and the following sub- ^^^^s. is,
StitUted therefor: re-enacted.
(1) Notwithstanding any other public or private Act ^^^ng^the heretofore passed, in everv municipalitv the assess- ^^s.^^^"^?'}*
•^ ' -■ 1^ ^ and revising
ment shall be taken between the 1st day of January the roll. and the 30th day of September and the assessment roll shall be returned to the clerk not later than the 1st day of October and the time for closing the court of revision shall be not later than the 15th day of November and for the final return by the county judge shall be not later than the 15th day of Decem- ber, and the assessment so made shall be the assess- ment on which the rate of taxation for the following year shall be fixed and levied.
(la) Where a county court of revision has been consti- where '^'^
tuted, the time for closing the court of revision shall of "g^^^gj^^"^*^ be not later than the 15th day of January in the 'constituted. following year and for the final return by the judge shall be not later than the 15th day of February in the following year.
(2) Subsection 2 of the said section 59 is amended by insert- ^^72^3^*59 ing after the word "December" in the third line the words |!^|j^|^^ "or the 15th day of February, as the case may be", so th^t the said subsection shall now read as follows:
(2) Where there has, from any cause, been delav in so ^eiay in
, . - . . - . , ' completing
completing the final revision of the said roll beyond assessment, the said 15th dav of December or the 15th dav of
February, as the case may be, the assessment when
99
Special provision for 1948 taxation.
finalh- revised shall nevertheless be the assessment on which the rate of taxation for such following year shall be levied.
(3) When the assessor did not complete the making of the assessm.ent or did not return the roll or the roll was not revised or finally revised in the year 1947 in accordance with The Assessment Act, the Minister may extend the time for the completion of the roll, the return of the roll, the revision of the roll or the final revision of the roll, and the assessment so made shall when finally revised be the assess- ment on which the rate of taxation for the year 1948 shall be fixed and levied.
Idem.
(4) Any municipality that n:ade an assessm.ent and levied taxes thereon in 1947 may pass a by-law adopting for the purpose of levying and collecting taxes in 1948 the assessment roll made and revised in 1947, and such roll shall be subject to revision in the manner provided in subsection 1 of section 59 of The Assessment Act, as re-enacted by subsection 1 of this section and shall have the same effect as if made under such subsection.
amended.
^®7-;o^*^*o/. 7. Subsection 6 of section 60 of The Assessment Act, as
c. 272, 8. 60, ...
subs. 6, amended by subsection 2 of section 14 of The Assessment Amendment Act, 1946, is further amended by striking out the word "five" where it occurs in the sixth and twelfth lines respectively and inserting in lieu thereof the word "ten", so that the said subsection shall now read as follows:
Time for giving notice, etc.
Rev. Stat., c. 272. 8. 61, amended.
(6) In any municipality in which any by-law has been passed under this section, the provisions of sections 73 and 76, so far as the same relate to the time for appealing and giving notice thereof, shall not apply, but the clerk shall give notice to every person appeal- ing, or whose assessment or non-assessment is appealed against, at least ten days before the sitting of the court of revision, such notice to be served upon such person, or left at his residence or place of busi- ness, or upon the premises concerning which such appeal arises, or addressed to such person through the post office, but no advertisement of the court shall be necessary, and in case of appeals to the county judge, ten days' notice of the day fixed by the county judge for hearing such appeals shall be served in the manner provided in the case of appeals to the court of revision.
8. Section 61 of The Assessment Act is amended by striking out the word and figures "16 or 20" in the fourth line and inserting in lieu thereof the figures "23", so that the said section shall now read as follows:
99
Subsection 3. The process of change from the old method of assessing in one year and levying taxes in the same year to the new method is not yet finally completed and this subsection authorizes the Minister to extend the time limits so that the 1947 assessments which are not yet completed will be valid.
Subsection 4. This provision is complementary to subsection 1 of this section and authorizes any municipality which by special legislation has not heretofore been subject to The Assessment Act with respect to the making of assessments, to make the change-over with a minimum of difficulty.
Section 7. The notice to be given to the person appealing to the court of revision or the county judge of the day fixed for hearing the appeal in cases where the municipality has passed a by-law providing for taking the assessment by wards is changed from five to ten days.
Section 8. Sections 16 and 20 of The Municipal Act have been repealed and section 23 now provides for the matters formerly dealt with by these sections.
99
Section 9. The provisions authorizing assessment of income were repealed in 1947, and the line struck out is no longer applicable.
Section 10. Section 52 of The Assessment Act was re-enacted in 1946, and the notice formerly provided for in subsection 7 of section 52 is now provided for in subsection 4 of section 52.
99
61. Where an addition of any part of the locaHties ^^^f®^!^®^* adjacent to any city, town or village has been made to added to
• . • ail ■ I citi6s dnCi.
said city, town or village, in any year subsequent to towns.
the 30th day of September, under the provisions of
section 23 of The Municipal Act, the council of said ^Yee^*^*"'
city, town or village may pass a by-law in the
succeeding year, adopting the assessment of the said
addition as last revised while a part of the adjoining
municipality as the basis of the assessment for said
part for that year, although the assessment of the
remainder of the city, town or village has been made,
and the rate of taxation has been levied in accordance
with the provisions of sections 59 and 60, and the
levying of a proportionate share of the taxation
upon said addition shall not invalidate either the
assessment of the remainder or the tax levied thereon,
and the qualification of municipal electors in said
addition shall, for the said succeeding year, be the
same as that required in the municipality from which
the part has been taken.
9. Subsection 8 of section 73 of The Assessment Act 18^^72^*8^*73
amended by striking out "L.M Self siibs. 8,
Income overcharged." in the eighth line, so that the said subsection shall now read as follows:
(8) Such list may be in the following form: Form of
* . appeals.
Appeals to be heard at the Court of Revision to be held at
on the day of , 19 .
Appellant. Respecting whom. Matter complained of.
A.B Self J . .Overcharged on land.
CD E.F. Name ommitted.
G.H. J.K Not bona fide owner
or tenant. &c. &c.
10. Section 74 of The Assesswent Act is amended bv striking Rev. stat.,
. ' . . c 272 s 74
out the figure "7" in the eleventh line and inserting in lieu amended, thereof the figure "4", so that the said section shall now read as follows:
74. The roll, as finally passed by the court, and certified Roll to be
11,1 1111 • r 1 binding not-
by the clerk as passed, shall, except in so tar as the withstanding same may be further amended on appeal to the or in notice judge of the county court, be valid, and bind all persons parties concerned, notwithstanding any defect or^^^^^^^^- error committed in or with regard to such roll, or any defect, error or misstatement in the notice required by section 52, or the omission to deliver or transmit such notice, provided that the provisions of this section in so far as they relate to the omission to deliver or transmit such notice shall not apply to any person
99
who has given the clerk or assessment commissioner the notice provided for in subsection 4 of section 52.
Rev. Stat.,
c. 272. 8. 84,
subs. 1
(1946.
c. 3, 8. 21,
Bubs. 1).
amended.
11. — (1) Subsection 1 of section 84 of The Assessment Act, as re-enacted by subsection 1 of section 21 of The Assess- ment Amendment Act, 1946, is amended by striking out the words "In the case of the assessment of a telephone company or where a person is assessed to an amount aggregating in a municipality in territory without county organization $5,000 or upwards or in any other municipality $10,000 or upwards, such company or person" at the commencement thereof, so that the said subsection shall now read as follows:
Appeals to Municipal Board.
(1) The municipal corporation, the assessor or assessment commissioner or any person assessed may appeal from the decision of the county judge to the Ontario Municipal Board or where no appeal is taken to the county judge, may appeal direct from the decision of the court of revision to the Ontario Municipal Board.
c!*272? 8^*84. (2) Subsection 2 of the said section 84 is repealed and the re-enacted foUowing substituted therefor:
Appeal
under
88. 57, 57o,
125.
(2) An appeal shall also lie to the Ontario Municipal Board from a decision, —
« (a) of the county judge; or
(6) of the court of revision, where no appeal is taken to the county judge,
given under the provisions of sections 57, 57a and 125.
(3) Subsection 4a of the said section 84, as enacted by
Rev. Stat., c. 272, s. 84,
8"b8. 4o subsection 2 of section 21 of The Assessment Amendment Act. c. 3. s'. 21, 1946, is amended by adding at the end thereof the words "at
subs 2) .
amended. least fourteen days before the hearing", so that the said sub- section shall now read as follows:
Notice of hearing.
(4a) Upon receipt of a notice of appeal under this section, the secretary of the Board shall arrange a time and place for hearing the appeal and shall send notice thereof by registered mail to all parties concerned in the appeal at least fourteen days before the hearing.
Rev. Stat. 0. 272, amended.
Revision of business assessment roll on alteration of real property assessment.
12. The Assessment Act is amended by adding thereto the following section:
87a. Where the assessment of any real property is altered on an appeal, any business assessment based on the assessed value of such real property shall be
99
Section 11 — Subsections 1 and 2. The present subsections 1 and 2 o section 84 of The Assessment Act limit appeals to the Municipal Board to cases where large amounts of money are involved. By the amendments an appeal will lie to all persons concerned to the Municipal Board regardless of the amount involved in all assessment cases.
Subsection 3. Self-explanatory.
Section 12. Business assessments are made on a percentage of the assessed value of the real property used in connection with the business. This amendment provides that when the real property assessment has been increased or decreased on an appeal, the business assessment shall be adjusted as well in conformity with the change in the real property assess- ment.
99
Section 13. The amendment provides that the county assessor shall supervise the assessment not merely the assessors.
Section 14 — Subsections 1 and 2. The provisions authorizing the assessment of income were repealed in 1947.
99
altered in the business assessment roll by the clerk of the municipality to conform with the altered real property assessment, whether or not the business assessment roll has been finally revised.
13. Subsection 1 of section 89a of The Assessment ^ct,'^^^-^^^^-' as enacted by section 5 of The Assessment Amendment .4c/, subs, i
. . (1940
1940 and amended by subsection 1 of section 9 of The Assess- c. i, s'. 5). ment Amendment Act, 1944, is further amended by inserting ^"^^"^ after the word "supervise" where it occurs in the amendment of 1944 the words "the assessment", so that the said sub- section shall now read as follows:
(1) vSubject to the approval of the Department of county
Municipal Affairs, the council of every county may appoint a county assessor who, for the purpose of making uniform the methods of preparation of the assessment rolls in the municipalities in the county and for the purpose of ascertaining whether the valuations of real property made by the assessors in each such municipality bear a just relation one to another, shall supervise the assessment and advise the assessors and shall report thereon to the county council before the ist day of June in every year and such report shall form the basis for equalization under section 90.
14. — (1) Subsection 1 of section 104 of The Assessment ^c/R®^„^t^*n^
IS amended by striking out the words "and income" in the subs, i, , . -^ ° amended.
seventh Ime.
(2) Subsection 2 of the said section 104, as amended byRgv. stat.. subsection 1 of section 6 of The Assessment Amendment -^c/, g^j^^^^^- ■'^^^• 1939, is further amended by inserting after the word "pro-a"^®'^'*®^- perty" in the sixth line the word "and", and by striking out the words "and income" in the seventh line, so that the said subsection shall now read as follows:
(2) Notwithstanding anything contained in subsection 1 Preparation or in The Public Schools or Separate Schools Acts, vow.
the council of any municipality may by by-law Rev. stat., provide that the clerk shall set down the name in ^^- ^^'^' ^^^• full of every person assessed and the assessed value of his real property and taxable business, as ascer- tained after the final revision of the assessment roll, and opposite such assessed value he shall set down in a column for that purpose the total amount for which the person is chargeable for all sums ordered to be levied by the said council or school boards for the purposes thereof.
99
8
Rev. Stat.. c. 272, 8. 104, subs. 6 (1939, c. 3, s. 6, subs. 2), amended.
(3) Subsection 6 of the said section 104, as enacted by subsection 2 of section 6 of The Assessment Amendment Act, 1939, is amended by striking out the words "city having a population of more than 50,000" in the second and third Hnes and inserting in heu thereof the words "local municipality", so that the said subsection shall now read as follows:
Certain names to be omitted from col- lector's roll.
(6) Notwithstanding anything contained in this or any other Act the council of any local municipality may by by-law provide that the clerk shall not enter on any collector's roll the name of any tenant or lessee unless such tenant or lessee is required by the terms of his lease to pay the taxes.
15. Section 120 of The Assessment Act is amended by
Rev. Stat., c. 272 8 120
amended, 'adding thereto the following subsection;
Audit of
collector's
roll.
(6) Every collector, on the request of the treasurer, shall deliver his roll, together with an account of all collections made, to the treasurer to be audited.
16. Subsection 2 of section 125 of The Assessment Act, as
Rev. Stat., 0. 272, s. 125,
(1944.^ re-enacted by subsection 1 of section 15 of The Assessment
BVLhk^i)^' Amendment Act, 1944, is amended by adding at the end
amended. thereof the words "or the assessment commissioner, if any",
so that the said subsection shall now read as follows:
Time for making ap- plication.
(2) The application may be made at any time during the year and until the 31st day of March in the following year and notice in writing of the application shall be given to the clerk of the municipality or the assessment commissioner, if any.
c!^2V2f8^i'29. ^'^- Subsection 1 of section 129 of The Assessment Act, as re-
a947^ enacted by section 28 of The Assessment Amendment Act,
c. 3. 8^ 28). 1947, is amended by striking out the word "described" in the amended. . , ,. , , . • V- i r i i n f j»»
ninth line and inserting in lieu thereoi the word directed , so that the said subsection shall now read as follows:
statement to be furnished to county treasurer.
(1) In cases in which the county treasurer is required to collect arrears of taxes of a township or village, the treasurer of the township or village, as the case may be, shall within fourteen days after the time appointed for the return and final settlement of the collector's roll and before the 8th day of April in every year, furnish the county treasurer with a statement of all unpaid taxes and school rates directed in the said collector's roll or by school trustees to be collected.
18. Subsection 1 of section 143 of The Assessment Act is
Rev. Stat., c. 272,8. 143,
amended. amended by striking out the word "twenty-five" in the third
99
Subsection 3. In the present subsection the power provided is limited to the council of a city having a population of more than 50,000. By this amendment the council of any local municipality is given the power in question.
Section 15. This new subsection is necessary as the municipal audit may be carried out before the date set for the return of the collector's roll under subsections 1 to 3 of section 120.
Section 16. This amendment brings the subsection into line with an appeal under section 73 under which notice of appeal is to be given to the clerk or the assessment commissioner, if any.
Section 17. This amendment corrects a typographical error.
Section 18. The fee which a municipal treasurer may charge for each tax certificate is raised to thirty-five cents for each separate parcel. At present the fee is twenty-five cents each for the first four separate parcels and ten cents for each additional parcel.
99
Section 19. Subsection 9 of section 178 permits the notice to the
incumbrancers and owner to be sent after the ninetv-day period. This amendment makes subsection 2 of section 181 consistent with section 178.
Section 20. The repealed section provided the procedure as to sale of land for arrears of taxes in the territorial district of Parry Sound. This district has now been placed under the tax arrears procedure provided in The Department of Municipal Affairs Act, and the section is no longer necessary.
Section 21. The provisions authorizing municipal assessment of income were repealed in 1947.
99
line and inserting in lieu thereof the word "thirty-five", and by striking out the words "not exceeding four, and for every additional parcel, a further fee of ten cents" in the fourth and fifth lines, so that the said subsection shall now read as follows:
(1) The treasurer shall, on demand, give a written trelfsu'rer*^^^*
certified statement of the arrears due on any land,^j.iuen^ and he may charge thirty-five cents for the search and of^arrears*. certified statement on each separate parcel, but he shall not make any charge to any person who forth- with pays the taxes.
19. Subsection 2 of section 181 of The Assessment Act, as^Y72^s!^i8i. enacted by section 18 of The Assessment Amendment Act, 1944^^'^l-^J and amended bv section 37 of The Assessment Amendment '^■'^•^■^f^'
amendea.
Act, 1946, is further amended by strikmg out the words "complied with subsection 2 of" in the third and fourth lines and inserting in lieu thereof the words "sent to the incum- brancers and registered owner the notice as provided in", so that the said subsection shall now read as follows:
(2) Notwithstanding subsection 1, a tax deed shall not ^f^j^reasurer. be valid unless there is affixed thereto a statutory declaration of the treasurer that he has sent to the incumbrancers and registered owner the notice as provided in section 178, and such declaration shall
form part thereof, and where the tax deed has been registered, the treasurer shall deposit the declaration in the proper registry or land titles office where it shall be attached to the tax deed of the land in respect of which it was made.
20. Section 202 of The Assessment Act is repealed. ^%'^o^*^ono
repealed.
21. — (1) Form 4 of The Assessment Act, as re-enacted by Rev. stat., subsection 4 of section 2 of The Statute Law Amendment -4c/, Form 4 1938, is amended by striking out the column headed "For 0^37^3 2,
inromp" subs.'4).
mcoiiie . amended.
Rev. Stat.,
(2) Paragraph 2 of Form 5 of The Assessment Act is amended Form 5 by striking out the word ''income" in the third line, so that theP^''^^^, said paragraph shall now read as follows:
2. I have estimated and set down, according to the best of my in- formation and belief, in said assessment roll, the amounts assess* able against every person named in the said roll for business or otherwise under The Assessment Act.
99
10
SeSToTAc't 22. This Act shall come into force on the 1st day of June, 1948.
Short title. 23. This Act may be cited as The Assessment Amendment Act, 1948.
99
i
a
a >
u.
S
a.
00
No. 99
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Assessment Act.
Mr. Dunbar
(Reprinted as amended by the Committee on Municipal Law.)
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1 — Subsection 1. This amendment merely brings this clause into line with the balance of the subsection.
Subsection 2. At present rooming houses as defined in clause c of subsection 9 of section 8 of The Assessment Act are exempt from assessment for business tax. The effect of the present definition is to make it clear that a rooming house proprietor is exempt only if he is resident in the rooming house and occupies at least ten per centum of the floor space as his residence.
Section 2. Column 3 of the assessment roll presently requires an entry of the age of every person entered on the roll. The amendment changes the entry to "the year of birth of every person entered on the roll".
99
No. 99 1948
BILL
An Act to amend The Assessment Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Clause k of subsection 1 of section 8 of The Assess-'Re^- stat.,
c 272 s 8
ment Act is amended by inserting after the letter '7" in thesiibe. i. ci.'*. eighth line the word and letter "or w", so that the said clause ^"'®"*^®'^" shall now read as follows:
{k) Every person carrying on the business of a photo- grapher or of a theatre, concert hall, or skating rink, or other place of amusement, or of a boarding stable, or a livery, or the letting of vehicles or other property for hire, or of a restaurant, eating house, or other house of public entertainment, or of a hotel or any business not before in this section or in clause I or m specially mentioned, for a sum equal to twenty-five per centum of the assessed value.
(2) Clause a of subsection 9 of the said section 8, as enacted ?^®o^,;,^*fV
1 • t^ t A A A ■ C.^(^»S.Of
by section 2 of The Assessment Amendment Act, 1940, is re- subs. 9, ci. a
. . (1940,
pealed and the following substituted therefor: c. i, s'. 2),
re-enacted.
{a) In this subsection, "rooming house" shall mean any house or building or portion thereof, in which the proprietor resides and occupies at least ten per centum of the floor space as his residence, and supplies for hire or gain to other persons, lodging with or without meals in rooms furnished by the proprietor with necessary furnishings, and shall not include an hotel or apartment house.
2. Subsection 3 of section 23 of The Assessment Act, as ^6^- stat.. amended by section 15 of The Assessment Amendment ^c/, subs. 3. 1947, is further amended by striking out "Column 3. — The age of every person entered on the roll" and inserting in lieu thereof "Column 3, — The year of birth of every person entered on the roll".
99
Rev. Stat..
c. 272, 8. 38
(1946.
c. 3. 8. 6),
amended.
3. Section 38 of The Assessment Act, as re-enacted by section 6 of The Assessment Amendment Act, 1946 and amended by section 16 of The Assessment Amendment Act, 1947, is further amended by adding thereto the following subsection :
Section 57 not to apply.
(la) The provisions of section 57 shall not apply in respect of land owned by His Majesty in right of Ontario or land in which His Majesty in right of Ontario has an interest.
Rev. Stat., o. 272. 8. 39, subs. 6, amended.
4. Subsection 6 of section 39 of The Assessment Act, as amended by subsection 1 of section 17 of The Assessment Amendment Act, 1947 , is further amended by inserting after the word "situate" in the fourth line the words "or, in unor- ganized territory, the school board having jurisdiction over the area in which such mine or mineral work is situate", so that the said subsection shall now read as follows:
Profits from mines.
(6) The profits from a mine or mineral work shall be assessed by, and the tax leviable thereon shall be paid to the municipality in which such mine or mineral work is situate, or, in unorganized territory, the school board having jurisdiction over the area in which such mine or mineral work is situate; provided that the assessment on each oil or gas well operated at any time during the year shall be at least $20.
Rev. Stat., c. 272. s. 57, subs. 2, amended.
5. — (1) Subsection 2 of section 57 of The Assessment Act is amended by striking out the words "income or" where the>' occur in the second and seventh lines respectively, and by inserting after the word "omitted" in the third line the words "in whole or in part", so that the said subsection shall now read as follows:
Omissions of
business
assessment.
(2) If at any time it a; pears to any officer of the muni- cipality that any business assessment has been omitted in whole or in part from the assessment roll for the current year or for either or both of the next two preceding years, he shall report the same to the clerk of the municipality, or if the omission to assess comes to the knowledge of the clerk in any other manner, and the clerk shall enter such business assessment on the assessment roll from which such assessment has been omitted, and as well for the preceding year as for the current year, on the col- lector's roll for the current year, but in respect to any assessment for a preceding year or years the taxes payable in respect thereto shall be calculated at the rates of taxation levied for such year or years.
99
Section 3. Subsection 1 of section 38 of The Assessment Act author- izes assessment of the interest of a tenant of Crown land or land in which the Crown has an interest. Section 57 authorizes the addition to the collector's roll of land which has not been assessed for the current year or the two preceding years. The effect of this amendment is that no such addition can be made in respect of Ontario Crown lands, that is, unless the assessment is made at the normal time it cannot be added later.
Section 4. This amendment makes it clear that a school board in unorganized territory has authority to assess and collect taxes on the profits of a mine or mineral work situate in the area for which the school board was established.
Section 5 — Subsection 1. The authority for municipal income assess- ment was repealed in 1947.
The words added to subsection 2 of section 57 of The Assessment Act ensure that where a part only of the land used in connection with a business has been assessed, the provisions of section 57 will operate to allow the addition of the balance of the land so used.
99
Subsection 2. This amendment makes it clear that an appeal lies from the court of revision to the county judge. A further appeal to the Ontario Municipal Board is given in the re-enactment of subsection 1 of section 84 of The Assessment Act (see section 11 of this Bill).
Section 6 — Subsection 1. This amendment makes it clear that the provisions of The Assessment Act with respect to the making and revision of assessment rolls and the times therefor apply in every municipality in Ontario. In addition change is made to permit the roll to be returned, the court of revision to be closed, and the county judge to make his final return, prior to the dates fixed.
Subsection 2. Where a county court of revision has been constituted it is not feasible with the amount of work involved to comply with the dates set in subsection 1 of section 59. The times are therefore extended with reference to the county court of revision.
99
(2) Subsection 3 of the said section 57, as amended by suh-f^^j^^^^^^ section 2 of section 1 1 of The Assessment Amendment Act, 1946, ^^^^-'^'^ is further amended by striking out all the words after the word "roll" in the fifth line and inserting in lieu thereof the words "and the same rights in respect of appeal shall apply as if such building or land or business had been assessed in the usual way", so that the said subsection shall now read as follows:
(3) Where the clerk performs any of the duties required ^g^son *** by this section he shall forthwith thereafter deliver taxed; to or send by registered letter post to the person so appeal. taxed a notice setting out the amount of the assess- ment and of the taxes entered on the roll, and the same rights in respect of appeal shall apply as if such building or land or business had been assessed in the usual way.
6. — (1) Subsection 1 of section 59 of The Assessment Act,f_^27^^s^s9. as re-enacted by subsection 1 of section 13 of The Assessment^^^Q^Q^ Amendment Act, 1946, is repealed and the following sub-*^- 3. s. is,
StitUted therefor: re-enacted.
(1) Notwithstanding any other public or private Act ^'^®J^^g
heretofore passed, in everv municipality the assess- assessment 1111 1 1 ' i^irr a"<l revising
ment shall be taken between the 1st day of January the rou. and the 30th day of September and the assessment • roll shall be returned to the clerk not later than the 1st day of October and the time for closing the court of revision shall be not later than the 15th day of November and for the final return by the county judge shall be not later than the 15th day of Decem- ber, and the assessment so made shall be the assess- ment on which the rate of taxation for the following year shall be fixed and levied.
(la) Where a county court of revision has been consti- ^here °"
tuted, the time for closing the court of revision shall °^'^^*^gj^°"'^ be not later than the 15th day of January in the constituted, following year and for the final return by the judge shall be not later than the 15th day of February in the following year.
(2) Subsection 2 of the said section 59 is amended by insert- ^®J^2^*8^*59 ing after the word "December" in the third line the words |^s^|'^ "or the 15th day of February, as the case may be", so that the said subsection shall now read as follows:
(2) Where there has, from any cause, been delay in so Delay in
1 • 1 ^ , • • r 1 -1 11 ; completing
completmg the final revision of the said roll beyond assessment.
effect of
the said 15th day of December or the 15th day of
February, as the case may be, the assessment when
99
Special provision for 1948 taxation.
finally revised shall nevertheless be the assessment on which the rate of taxation for such following year shall be levied.
(3) When the assessor did not complete the making of the assessment or did not return the roll or the roll was not revised or finally revised in the year 1947 in accordance with The Assessment Act, the Minister may extend the time for the completion of the roll, the return of the roll, the revision of the roll or the final revision of the roll, and the assessment so made shall when finally revised be the assess- ment on which the rate of taxation for the year 1948 shall be fixed and levied.
Idem.
(4) Any municipality that made an assessment and levied taxes thereon in 1947 may pass a by-law adopting for the purpose of levying and collecting taxies in 1948 the assessment roll made and revised in 1947, and such roll shall be subject to revision in the manner provided in subsection 1 of section 59 of The Assessment Act, as re-enacted by subsection 1 of this section and shall have the same effect as if made under such subsection.
Rev. Stat., c. 272. 8. 60, subs, 6, amended.
Time for giving notice, etc.
7. Subsection 6 of section 60 of The Assessment Act, as amended by subsection 2 of section 14 of The Assessment Amendment Act, 1946, is further amended by striking out the word "five" where it occurs in the sixth and twelfth lines respectively and inserting in lieu thereof the word "ten", so that the said subsection shall now read as follows:
(6) In any municipality in which any by-law has been passed under this section, the provisions of sections 73 and 76, so far as the same relate to the time for appealing and giving notice thereof, shall not apply, but the clerk shall give notice to every person appeal- ing, or whose assessment or non -assessment is appealed against, at least ten days before the sitting of the court of revision, such notice to be served upon such person, or left at his residence or place of busi- ness, or upon the premises concerning which such appeal arises, or addressed to such person through the • post office, but no advertisement of the court shall be necessary, and in case of appeals to the county judge, ten days' notice of the day fixed by the county judge for hearing such appeals shall be served in the manner provided in the case of appeals to the court of revision.
Rev. Stat., c. 272, 8. 61. amended.
8. Section 61 of The Assessment Act is amended by striking out the word and figures "16 or 20" in the fourth line and inserting in lieu thereof the figures "23", so that the said section shall now read as follows:
99
Subsection 3. The process of change from the old method of assessing in one year and levying taxes in the same year to the new method is not yet finally completed and this subsection authorizes the Minister to extend the time limits so that the 1947 assessments which are not yet completed will be valid.
Subsection 4. This provision is complementary to subsection 1 of this section and authorizes any municipality which by special legislation has not heretofore been subject to The Assessment Act with respect to the making of assessments, to make the change-over with a minimum of difficulty.
. Section 7. The notice to be given to the person appealing to the court of revision or the county judge of the day fixed for hearing the appeal in cases where the municipality has passed a by-law providing for taking the assessment bv wards is changed from five to ten da\'s.
Section' 8. Sections 16 and 20 of The Municipal Act have been repealed and section 23 now provides for the matters formerly dealt with by these sections.
99
Section 9. The provisions authorizing assessment of income were repealed in 1947, and the line struck out is no longer applicable.
Section 10. Section 52 of The Assessment Act was re-enacted in 1946. and the notice formerly provided for in subsection 7 of section 52 is now provided for in subsection 4 of section 52.
99
61. Where an addition of any part of the locahties Jf^f®^^^^°* adjacent to any city, town or village has been made to added to said city, town or village, in any year subsequent to towns, the 30th day of September, under the provisions of section 23 of The Municipal Act, the council of said ^Ye'e^*^*" city, town or village may pass a by-law in the succeeding year, adopting the assessment of the said addition as last revised while a part of the adjoining municipality as the basis of the assessment for said part for that year, although the assessment of the remainder of the city, town or village has been made, and the rate of taxation has been levied in accordance with the provisions of sections 59 and 60, and the levying of a proportionate share of the taxation upon said addition shall not invalidate either the assessment of the remainder or the tax levied thereon, and the qualification of municipal electors in said addition shall, for the said succeeding year, be the same as that required in the municipality from which the part has been taken.
9. Subsection 8 of section 73 of The Assessment Act is^®^-Stat..
c. 272, s. 73,
amended by striking out "L.M Self subs. 8.
Income overcharged." in the eighth line, so that the said subsection shall now read as follows:
(8) Such list may be in the following form : • Form of
appeals. Appeals to be heard at the Court of Revision to be held at
on the day of , 19 .
Appellant. Respecting whom. Matter complained of.
A.B Self Overcharged on land.
CD E.F. Name ommitted.
G.H J.K Not bona fide owner
or tenant. &c. &c.
10. Section 74 of The Assessment Act is amended bv striking Rev. stat..
. . . . ' . . c 272 s 74
out the figure "7" in the eleventh Ime and msertmg m lieu amended. ' thereof the figure "4", so that the said section shall now read as follows:
74. The roll, as finally passed bv the court, and certified Roii to be
11,1 1 1 I'l • f ^1 binding not-
by the clerk as passed, snail, except m so tar as the withstanding same may be further amended on appeal to the or in notice judge of the county court, be valid, and bind all persons parties concerned, notwithstanding any defect or^^^®^^®**- error committed in or with regard to such roll, or any defect, error or misstatement in the notice required by section 52, or the omission to deliver or transmit such notice, provided that the provisions of this section in so far as they relate to the omission to deliver or transmit such notice shall not apply to any person
99
who has given the clerk or assessment commissioner the notice provided for in subsection 4 of section 52.
Rev. Stat.,
c. 272, 8. 84,
subs. 1
(1946,
c. 3. 8. 21.
subs. 1),
amended.
11. — (1) Subsection 1 of section 84 of The Assessment Act, as re-enacted by subsection 1 of section 21 of The Assess- ment Amendment Act, 1946, is amended by striking out the words "In the case of the assessment of a telephone company or where a person is assessed to an amount aggregating in a municipality in territory without county organization $5,000 or upwards or in any other municipality $10,000 or upwards, such company or person" at the commencement thereof, so that the said subsection shall now read as follows:
Appeals to Municipal Board.
(1) The municipal corporation, the assessor or assessment commissioner or any person assessed may appeal from the decision of the county judge to the Ontario Municipal Board or where no appeal is taken to the county judge, may appeal direct from the decision of the court of revision to the Ontario Municipal Board.
Rev. Stat., C. 272, 8. 84,
re-enacted following substituted therefor:
(2) Subsection 2 of the said section 84 is repealed and the
Appeal
under
88. 57, 57a,
125.
(2) An appeal shall also lie to the Ontario Municipal Board from a decision, —
, (a) of the county judge; or
(6) of the court of revision, where no appeal is taken to the county judge,
given under the provisions of sections 57, 57a and 125.
(3) Subsection 4a of the said section 84, as enacted by
Rev. Stat., c. 272, 8. 84,
subs. 4a subsection 2 of section 21 of The Assessment Amendment Act. c. 3. 8. 21, 1946, is amended by adding at the end thereof the words "at
subs 2) .
amended. least fourteen days before the hearing", so that the said sub- section shall now read as follows:
Notice of hearing.
(4a) Upon receipt of a notice of appeal under this section, the secretary of the Board shall arrange a time and place for hearing the appeal and shall send notice thereof by registered mail to all parties concerned in the appeal at least fourteen days before the hearing.
Rev. Stat., 0. 272, amended.
Revision of business assessment roll on alteration of real property- assessment.
12. The Assessment Act is amended by adding thereto the following section:
87a. Where the assessment of any real property is altered on an appeal, any business assessment based on the assessed value of such real property shall be
99
Section 11 — Subsections 1 and 2. The present subsections 1 and 2 of section 84 of The Assessment Act limit appeals to the Municipal Board to cases where large amounts of money are involved. By the amendments an appeal will lie to all persons concerned to the Municipal Board regardless of the amount involved in all assessment cases.
Subsection 3. Self-explanatory.
Section 12. Business assessments are made on a percentage of the assessed value of the real property used in connection with the business. This amendment provides that when the real property assessment has been increased or decreased on an appeal, the business assessment shall be adjusted as well in conformity with the change in the real property assess- ment.
99
Section 13. The amendment provides that the county assessor shall supervise the assessment not merely the assessors.
Section 14 — Subsections 1 and 2. The provisions authorizing the assessment of income were repealed in 1947.
99
altered in the business assessment roll by the clerk of the municipality to conform with the altered real property assessment, whether or not the business assessment roll has been finally revised.
13. Subsection 1 of section 89a of The Assessment ^c/, i^ev stat..
c. 272, s. 89a,
as enacted by section 5 of The Assessment Amendment .4c/, subs, i
. . (1940,
1940 and amended by subsection 1 of section 9 of The Assess- c. i, s. 5). ment Amendment Act, 1944, is further amended by inserting ^'"^'^ after the word "supervise" where it occurs in the amendment of 1944 the words "the assessment", so that the said sub- section shall now read as follows:
(1) Subject to the approval of the Department of county
Municipal Affairs, the council of every county may appoint a county assessor who, for the purpose of making uniform the methods of preparation of the assessment rolls in the municipalities in the county and for the purpose of ascertaining whether the valuations of real property made by the assessors in each such municipality bear a just relation one to another, shall supervise the assessment and advise the assessors and shall report thereon to the county council before the 1st day of June in every year and such report shall form the basis for equalization under section 90.
14. — (1) Subsection 1 of section 104 of The Assessment Act '^^^^^^^^^^^^ is amended by striking out the words "and income" in the subs, i,
. ,. amended.
seventh Ime.
(2) Subsection 2 of the said section 104, as amended byRev. stat.. subsection 1 of section 6 of The Assessment Amendment Act,l{j^^^2^-^^^' 1939, is further amended by inserting after the word "pro-^"^®"'^®^- perty" in the sixth line the word "and", and by striking out the words "and income" in the seventh line, so that the said subsection shall now read as follows:
(2) Notwithstanding anvthing contained in subsection 1 Preparation
oi collGctor s
or in The Public Schools or Separate Schools Acts, roll. the council of any municipality may by by-law Rev. stat., provide that the clerk shall set down the name in °°' ^^^' ^^^' full of every person assessed and the assessed value of his real property and taxable business, as ascer- tained after the final revision of the assessment roll, and opposite such assessed value he shall set down in a column for that purpose the total amount for which the person is chargeable for all sums ordered to be levied by the said council or school boards for the purposes thereof.
99
^®27'2?8^i64. (>^) Subsection 6 of the said section 104, as enacted by
(1939^ subsection 2 of section 6 of The Assessment Amendment Act,
8ub8%^' ^^^^' Js amended by striking out the words "city having a
amended. population of more than 50.000" in the second and third lines
and inserting in lieu thereof the words "local municipality",
and by adding at the end thereof the words "or unless the
owner is not liable to pay the taxes", so that the said subsection
shall now read as follows:
Certain names to be omitted from col- lector's roll.
(6) Notwithstanding anything contained in this or any other Act the council of any local municipality may by by-law provide that the clerk shall not enter on any collector's roll the name of any tenant or lessee unless such tenant or lessee is required by the terms of his lease to pay the taxes or unless the owner is not liable to pay the taxes.
c*27'2fs^i20. ^^- Section 120 of The Assessment Act is amended by amended. adding thereto the following subsection:
Audit of
collector's
roll.
(6) Every collector, on the request of the treasurer, shall deliver his roll, together with an account of all collections made, to the treasurer to be audited.
16. Subsection 2 of section 125 of The Assessment Act, as
Rev. Stat..
o. 272. s. 125, .
subs. 2 re-enacted by subsection 1 of section 15 of The Assessment
(1944.
c. 7. 8. 15. Amendment Act, 1944, is amended by adding at the end
amended. thereof the words "or the assessment commissioner, if any",
so that the said subsection shall now read as follows:
Time for making ap- plication.
(2) The application may be made at any time during the year and until the 31st day of March in the following year and notice in writing of the application shall be given to the clerk of the municipality or the assessment commissioner, if any.
c!'27'2f 8^129, ^'^ • Subsection 1 of section 129 of The Assessment Act, as re- a947^ enacted by section 28 of The Assessment Amendment Act,
c. 3. 8. 28). 1947, is amended by striking out the word "described" in the ninth line and inserting in lieu thereof the word "directed", so that the said subsection shall now read as follows:
amended.
Statement to be furnished to county treasurer.
(1) In cases in which the county treasurer is required to collect arrears of taxes of a township or village, the treasurer of the township or village, as the case may be, shall within fourteen days after the time appointed for the return and final settlement of the collector's roll and before the 8th day of April in every year, furnish the county treasurer with a statement of all unpaid taxes and school rates directed in the said collector's roll or bv school trustees to be collected.
99
Subsection 3. In the present subsection the power provided is limited to the council of a city having a population of more than 50,000. By this amendment the council of any local municipality is given the power in ciuestion.
Section 15. This new subsection is necessary as the municipal audit may be carried out before the date set for the return of the collector's roll under subsections 1 to 3 of section 120.
Section 16. This amendment brings the subsection into line with an appeal under section 73 under which notice of appeal is to be given to the clerk or the assessment commissioner, if any.
Section 17. This amendment corrects a typographical error.
99
Section 18. The fee which a municipal treasurer may charge for each tax certificate is raised to thirty-five cents for each separate parcel. At present the fee is twenty-five cents each for the first four separate parcels and ten cents for each additional parcel.
Section 19. Subsection 9 of section 178 permits the notice to the incumbrancers and owner to be sent after the ninety-day period. This amendment makes subsection 2 of section 181 consistent with section 178.
Section 20. The repealed section provided the procedure as to sale of land for arrears of taxes in the territorial district of Parry Sound. This district has now been placed under the tax arrears procedure provided in The Department oj Municipal Affairs Act, and the section is no longer necessary.
Section 21. The provisions authorizing municipal assessment of income were repealed in 1947.
99
18. Subsection 1 of section 143 of The Assessment Act is ^-^^-o^***,-^ ,
amended by striking out the word "twenty-five" in the third subs. i. ,. ... ... , r t . ,, 1 . /- .. , amended.
hne and inserting in heu thereof the word thirty-five , and by striking out the words "not exceeding four, and for every additional parcel, a further fee of ten cents" in the fourth and fifth lines, so that the said subsection shall now read as follows :
(1) The treasurer shall, on demand, give a written if demanded, certified statement of the arrears due on any land , to^gfve^a and he may charge thirty-five cents for the search and g'tatement certified statement on each separate parcel, but he o*" ^'"^^^''s- shall not make any charge to any person who forth- with pays the taxes.
19. Subsection 2 of section 181 of The Assessment Act, as Rev. stat., enacted by section 18 of The Assessment Amendment Act, 1944suhs. 2 and amended by section 37 of The Assessment Amendment c^ 7^,'^s. is). Act, 1946, is further amended by striking out the words ^"^®"'*®*^- "complied with subsection 2 of" in the third and fourth lines
and inserting in lieu thereof the words "sent to the incum- brancers and registered owner the notice as provided in", so that the said subsection shall now read as follows:
(2) Notwithstanding subsection 1, a tax deed shall not Ded^'"^**°'^
1 1-1 11 • rr \ ^ of treasurer.
be valid unless there is aflrixed thereto a statutory declaration of the treasurer that he has sent to the incumbrancers and registered owner the notice as provided in section 178, and such declaration shall form part thereof, and where the tax deed has been registered, the treasurer shall deposit the declaration in the proper registry or land titles office where it shall be attached to the tax deed of the land in respect of which it was made,
20. Section 202 of The Assessment Act is repealed. ^^'^o^^^oAo
repealed.
21. — (1) Form 4 of The Assessment Act, as re-enacted by ^^v. stat., subsection 4 of section 2 of The Statute Law Amendment Act, 'Porm.^
(1938
1938, is amended by striking out the column headed "Fore. 37, 's. 2,
,, subs. 4),
income . amended.
(2) Paragraph 2 of Form 5 of The Assessment Act is amended c. 272. ^ " by striking out the word ''income'' in the third line, so that thepar^l,' said paragraph shall now read as follows: amended.
2. I have estimated and set down, according to the best of my in- formation and belief, in said assessment roll, the amounts assess- able against every person named in the said roll for business or otherwise under The Assessment Act.
99
10
Commence-^ 22. This Act shall come into force on the 1st day of June, ' 1948.
Short title. 23. This Act may be cited as The Assessment Amendment Act, 1948.
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No. 99
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Assessment Act.
Mr. Dunbar
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 99 1948
BILL
An Act to amend The Assessment Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Clause k of subsection 1 of section 8 of The Assess-'B^ev. stat.,
. . C 272 8 8
ment Act is amended by inserting after the letter "/" in the subs, i, ci.'*, eighth line the word and letter "or m", so that the said clause shall now read as follows:
amended.
{k) Every person carrying on the business of a photo- grapher or of a theatre, concert hall, or skating rink, or other place of amusement, or of a boarding stable, or a livery, or the letting of vehicles or other property for hire, or of a restaurant, eating house, or other house of public entertainment, or of a hotel or any business not before in this section or in clause I or nt specially mentioned, for a sum equal to twenty-five per centum of the assessed value.
(2) Clause a of subsection 9 of the said section 8, as enacted ^^72^*3^*8 by section 2 of The Assessment Amendment Act, 1940, is re- subs. 9, ci. 'a
. . (1940,
pealed and the following substituted therefor: c. 1, s. 2).
re-enacted.
(a) In this subsection, "rooming house" shall mean any house or building or portion thereof, in which the proprietor resides and occupies at least ten per centum of the floor space as his residence, and supplies for hire or gain to other persons, lodging with or without meals in rooms furnished by the proprietor with necessary furnishings, and shall not include an hotel or apartment house.
2. Subsection 3 of section 23 of The Assessment Act, as ^^ev-a^^^Vs amended by section 15 of The Assessment Amendment ^c/, subs. 3,' 1947, is further amended by striking out "Column 3. — The age of every person entered on the roll" and inserting in lieu thereof "Column 3. — The year of birth of every person entered on the roll".
99
Rev. Stat.,
c. 272. 8. 38
(1946.
c. 3, 8. 6),
amended.
3. Section 38 of The Assessment Act, as re-enacted by section 6 of The Assessment Amendment Act, 1946 and amended by section 16 of The Assessment Amendment Act, 1947, is further amended by adding thereto the following subsection :
Section 57 not to apply.
(la) The provisions of section 57 shall not apply in respect of land owned by His Majesty in right of Ontario or land in which His Majesty in right of Ontario has an interest.
amended.
Rev Stat. 4. Subsection 6 of section 39 of The Assessment Act, as siibs. 6. ■ ' amended by subsection 1 of section 17 of The Assessment Amendment Act, 1947, is further amended by inserting after the word "situate" in the fourth line the words "or, in unor- ganized territory, the school board having jurisdiction over the area in which such mine or mineral work is situate", so that the said subsection shall now read as follows:
Profits from mines.
(6) The profits from a mine or mineral work shall be assessed by, and the tax leviable thereon shall be paid to the municipality in which such mine or mineral work is situate, or, in unorganized territory, the school board having jurisdiction over the area in which such mine or mineral work is situate; provided that the assessment on each oil or gas well operated at any time during the year shall be at least $20.
Rev. Stat., c. 272. s. 57, subs. 2, amended.
5. — (1) Subsection 2 of section 57 of The Assessment Act is amended by striking out the words "income or" where they occur in the second and seventh lines respectively, and by inserting after the word "omitted" in the third line the words "in whole or in part", so that the said subsection shall now read as follows:
Omissions of
business
assessment.
(2) If at any time it appears to any officer of the muni- cipality that any business assessment has been omitted in whole or in part from the assessment roll for the current year or for either or both of the next two preceding years, he shall report the same to the clerk of the municipality, or if the omission to assess comes to the knowledge of the clerk in any other manner, and the clerk shall enter such business assessment on the assessment roll from which such assessment has been omitted, and as well for the preceding year as for the current year, on the col- lector's roll for the current year, but in respect to any assessment for a preceding year or years the taxes pa>'able in respect thereto shall be calculated at the rates of taxation levied for such ^•ear or vears.
99
(2) Subsection 3 of the said section 57, as amended by sub- ^^72^*^^*-^ section 2 of section 1 1 of The Assessment Amendment Act, 1946, subs. 3. is further amended by striking out all the words after the word "roll" in the fifth line and inserting in lieu thereof the words "and the same rights in respect of appeal shall apply as if such building or land or business had been assessed in the usual way", so that the said subsection shall now read as follows:
(3) Where the clerk performs any of the duties required ^^l^J^^ *° by this section he shall forthwith thereafter deliver taxed ;
... right of
to or send by registered letter post to the person so appeal. taxed a notice setting out the amount of the assess- ment and of the taxes entered on the roll, and the same rights in respect of appeal shall apply as if such building or land or business had been assessed in the usual way.
6. — (1) Subsection 1 of section 59 of TJ7e Assessment ^c/, ^Y72^s!*59, as re-enacted by subsection 1 of section 13 of The Assessment^f^^^Q^ Amendment Act, 1946, is repealed and the following sub- c- 3, s. 13,
, , . '- ^ subs. 1),
StltUted thereior: re-enacted.
(1) Notwithstanding any other public or private ^^ ct ^^'^® J°^g heretofore passed, in everv municipalitv the assess- assessment
1 11 V 11 ' 1 < 1 ' r T ^^'^ revising
ment shall be taken between the 1st day 01 January the roii. and the 30th day of September and the assessment roll shall be returned to the clerk not later than the 1st day of October and the time for closing the court of revision shall be not later than the 15th day of November and for the final return by the county judge shall be not later than the 15th day of Decem- ber, and the assessment so made shall be the assess- ment on which the rate of taxation for the following year shall be fixed and levied.
(la) Where a county court of revision has been consti- ^here ^"
futed, the time for closing the court of revision shall Qf^g*]^^""'"* be not later than the 15th day of January in the constituted. following year and for the final return by the judge shall be not later than the 15th day of February in the following year.
(2) Subsection 2 of the said section 59 is amended by insert- ^Y72^l^*59 ing after the word "December" in the third line the words |^||^ 2^^ "or the 15th day of February, as the case may be", so that the said subsection shall now read as follows:
(2) Where there has, from any cause, been delay in ^o^^^f^^^]^^^^
completing the final revision of the said roll beyond l^^^^^f^^' the said 15th day of December or the 15th day of February, as the case may be, the assessment when
99
Special provision for 1948 taxation.
finally revised shall nevertheless be the assessment on which the rate of taxation for such following year shall be levied.
(3) When the assessor did not complete the making of the assessment or did not return the roll or the roll was not revised or finally revised in the year 1947 in accordance with The Assessment Act, the Minister may extend the time for the completion of the roll, the return of the roll, the revision of the roll or the final revision of the roll, and the assessment so made shall when finally revised be the assess- ment on which the rate of taxation for the year 1948 shall be fixed and levied.
Idem.
(4) Any municipality that made an assessment and levied taxes thereon in 1947 may pass a by-law adopting for the purpose of levying and collecting taxes in 1948 the assessment roll made and revised in 1947, and such roll shall be subject to revision in the manner provided in subsection 1 of section 59 of The Assessment Act, as re-enacted by subsection 1 of this section and shall have the same eflfect as if made under such subsection.
Rev. Stat., O. 272, 8. 60, subs. 6, amended.
Time for giving notice, etc.
7. Subsection 6 of section 60 of The Assessment Act, as amended by subsection 2 of section 14 of The Assessment Amendment Act, 1946, is further amended by striking out the word "five" where it occurs in the sixth and twelfth lines respectively and inserting in lieu thereof the word "ten", so that the said subsection shall now read as follows:
(6) In any municipality in which any by-law has been passed under this section, the provisions of sections 73 and 76, so far as the same relate to the time for appealing and giving notice thereof, shall not apply, but the clerk shall give notice to every person appeal- ing, or whose assessment or non-assessment is appealed against, at least ten days before the sitting of the court of revision, such notice to be served upon such person, or left at his residence or place of busi- ness, or upon the premises concerning which such appeal arises, or addressed to such person through the post office, but no advertisement of the court shall be necessary, and in case of appeals to the county judge, ten days' notice of the day fixed by the county judge for hearing such appeals shall be served in the manner provided in the case of appeals to the court of revision.
Rev. Stat.. c. 272. s. 61. amended.
8. Section 61 of The Assessment Act is amended by striking out the word and figures "16 or 20" in the fourth line and inserting in lieu thereof the figures "23", so that the said section shall now read as follows:
99
61. Where an addition of any part of the localities ^f^f®^|^^^* adjacent to any city, town or village has been made to added to
•* . Ml • cities and
said city, town or village, in any year subsequent to towns. the 30th day of September, under the provisions of section 23 of The Municipal Act, the council of said c.Yee. ^ " city, town or village may pass a by-law in the succeeding year, adopting thfe assessment of the said addition as last revised while a part of the adjoining municipality as the basis of the assessment for said part for that year, although the assessment of the remainder of the city, town or village has been made, and the rate of taxation has been levied in accordance with the provisions of sections 59 and 60, and the levying of a proportionate share of the taxation upon said addition shall not invalidate either the assessment of the remainder or the tax levied thereon, and the qualification of municipal electors in said addition shall, for the said succeeding year, be the same as that required in the municipality from which the part has been taken.
9. Subsection 8 of section 73 of The Assessment Act is ^^72^^*73.
amended by striking out "L.M. Self iS^ded.
Income overcharged." in the eighth line, so that the said subsection shall now read as follows:
(8) Such list may be in the following form: LT^f^^
appeals. Appeals to be heard at the Court of Revision to be held at
on the day of , 19 .
Appellant. Respecting whom. Matter complained of.
A.B Self Overcharged on land.
C.D E.F Name ommitted.
G.H. J.K Not bona fide owner
or tenant. &c. &c.
10. Section 74 of The Assessment Act is amended by striking ^^72^*8^*74 out the figure "7" in the eleventh line and inserting in lieu amended. . thereof the figure "4", so that the said section shall now read as follows:
74. The roll, as finally passed by the court, and certified S°^^i*ngn1>t- by the clerk as passed, shall, except in so far as the ^^i^th^^tanding same may be further amended on appeal to the oMn^notice judge of the county court, be valid, and bind ^11 PlJI^g"^^^ parties concerned, notwithstanding any defect or^ error committed in or with regard to such roll, or any defect, error or misstatement in the notice required by section 52, or the omission to deliver or transmit such notice, provided that the provisions of this section in so far as they relate to the omission to deliver or transmit such notice shall not apply to any person
who has given the clerk or assessment commissioners the notice provided for in subsection 4 of section 52.
Rev. Stat., c. 272, 8. 84.
8Ub8. 1
(1946. c. 3. 8. 21. subs. 1), amended.
11. — (1) Subsection 1 of section 84 of The Assessment Act, as re-enacted by subsection 1 of section 21 of The Assess- ment Amendment Act, 1946, is amended by striking out the words "In the case of the assessment of a telephone company or where a person is assessed to an amount aggregating in a municipality in territory without county organization $5,000 or upwards or in any other municipality $10,000 or upwards, such company or person" at the commencement thereof, so that the said subsection shall now read as follows:
Appeals to Municipal Board.
(1) The municipal corporation, the assessor or assessment' commissioner or any person assessed may appeal from the decision of the county judge to the Ontario Municipal Board or where no appeal is taken to the county judge, may appeal direct from the decision of the court of revision to the Ontario Municipal Board.
c!^2^72^ 8^*84. (2) Subsection 2 of the said section 84 is repealed and the re-enacted following substituted therefor:
Appeal
under
88. 57. 57o,
125.
(2) An appeal shall also lie to the Ontario Municipal Board from a decision, —
(a) of the county judge; or
{b) of the court of revision, where no appeal is taken to the county judge,
given under the provisions of sections 57, 57a and 125.
^^liz^B^^A (^) Subsection 4a of the said section 84, as enacted by eubs. 4o ' subsection 2 of section 21 of The Assessynent Amendment Act. c. 3. e". 21. 1946, is amended by adding at the end thereof the words "at
8Ub8 2) .
amended. least fourteen days before the hearing", so that the said sub- section shall now read as follows:
Notice of hearing.
Rev. Stat., 0. 272. amended.
Revision of business assessment roll on alteration of real property- assessment.
(4a) Upon receipt of a notice of appeal under this section, the secretary of the Board shall arrange a time and place for hearing the appeal and shall send notice thereof by registered mail to all parties concerned in the appeal at least fourteen days before the hearing.
12. The Assessment Act is amended by adding thereto the following section:
87a. Where the assessment of any real property is altered on an appeal, any business assessment based on the assessed value of such real property shall be
99
altered in the business assessment roll by the clerk of the municipality to conform with the altered real property assessment, whether or not the business assessment roll has been finally revised.
13. Subsection 1 of section 89a of The Assessment ^c/, i^®^- stat..
11 • p c rr^i A A 1 A c. 272,8. 89a,
as enacted bv section 5 oi 1 he Assessment Amendment .(4c/, subs, i
(1940
1940 and amended by subsection 1 of section 9 of The Assess- c. i, s. 5), ment Amendment Act, 1944, is further amended by inserting ^'"^^ after the word "supervise" where it occurs in the amendment of 1944 the words "the assessment", so that the said sub- section shall now read as follows:
(1) Subject to the approval of the Department of county
Ti T • • ^ \ cr • 1 -If assessor.
Municipal Aiiairs, the council of every county may appoint a county assessor who, for the purpose of making uniform the methods of preparation of the assessment rolls in the municipalities in the county and for the purpose of ascertaining whether the valuations of real property made by the assessors in each such municipality bear a just relation one to another, shall supervise the assessment and advise the assessors and shall report thereon to the county council before the 1st day of June in every ^ear and such report shall form the basis for equalization under section 90.
14. — (1) Subsection 1 of section 104 of The Assessme^it Act'^^^'.^^^^^^-Q^ is amended by striking out the words "and income" in the subs. 'i
, ,. amended.
seventh line.
(2) Subsection 2 of the said section 104, as amended byRgv. stat.. subsection 1 of section 6 of The Assessment Amendment -4c/, g{,^J^^^- ■^*'*' 1939, is further amended by inserting after the word "pro- amended, perty" in the sixth line the word "and", and by striking out the words "and income" in the seventh line, so that the said subsection shall now read as follows:
(2) Notwithstanding anything contained in subsection 1 Preparation
• 'T-.T TirT-rTTT o 07 7 ,1 of collector s
or in The Fubhc schools or separate CichooLs Acts, voW.
the council of any municipality may by by-law Rev. stat.. provide that the clerk shall set down the name in ^^- ^^'^' ^^^■ full of every person assessed and the assessed value of his real property and taxable business, as ascer- tained after the final revision of the assessment roll, and opposite such assessed value he shall set down in a column for that purpose the total amount for which the person is chargeable for all sums ordered to be levied by the said council or school boards for the purposes thereof.
99
8
Rev. Stat.. c. 272. 8. 104, subs. 6 (1939, o. 3, s. 6, subs. 2), amended.
(3) Subsection 6 of the said section 104, as enacted by subsection 2 of section 6 of The Assessment Amendment Act, 1939, is amended by striking out the words "city having a population of more than 50,000" in the second and third lines and inserting in lieu thereof the words "local municipality", and by adding at the end thereof the words "or unless the owner is not liable to pay the taxes", so that the said subsection shall now read as follows:
Certain names to be omitted from col- lector's roll.
(6) Notwithstanding anything contained in this or any other Act the council of any local municipality may by by-law provide that the clerk shall not enter on any collector's roll the name of any tenant or lessee unless such tenant or lessee is required by the terms of his lease to pay the taxes or unless the owner is not liable to pay the taxes.
Rev. Stat.. c. 272.8. 120, amended.
15. Section 120 of The Assessment Act is amended by adding thereto the following subsection:
Audit of
collector's
roll.
(6) Every collector, on the request of the treasurer, shall deliver his roll, together with an account of all collections made, to the treasurer to be audited.
16. Subsection 2 of section 125 of The Assessment Act, as
Rev. Stat..
0. 272. 8. 125, . . r rr^i A
subs. 2 re-enacted by subsection 1 of section 15 of The Assessment
(1944
c. 7. s. 15. Amendment Act, 1944, is amended by adding at the end
amended. thereof the words "or the assessment commissioner, if any",
so that the said subsection shall now read as follows:
Time for making ap- plication.
(2) The application may be made at any time during the year and until the 31st day of March in the following year and notice in writing of the application shall be given to the clerk of the municipality or the assessment commissioner, if any.
Subsection 1 of section 129 of The Assessment Act, as re- by section 28 of The Assessment Amendment Act,
Rev. Stat.. -trj
c. 272.8. 129, ■^*-
a947^ enacted
c. 3. 8. 28), 1947 , is amended by striking out the word "described" in the ninth line and inserting in lieu thereof the word "directed", so that the said subsection shall now read as follows:
statement to be furnished to county treasurer.
99
(1) In cases in which the county treasurer is required to collect arrears of taxes of a township or village, the treasurer of the township or village, as the case may be, shall within fourteen days after the time appointed for the return and final settlement of the collector's roll and before the 8th day of April in every year, furnish the county treasurer with a statement of all unpaid taxes and school rates directed in the said collector's roll or by school trustees to be collected.
18. Subsection 1 of section 143 of The Assessment Act is ^^g^-g^s^ 143 amended bv striking out the word "twenty-five" in the third s"bs.jL.
,. , . . . ,. , r 1 IK.. ,- .. , amended,
hne and inserting in heu thereof the word thirty-nve , and
by striking out the words "not exceeding four, and for every
additional parcel, a further fee of ten cents" in the fourth
and fifth lines, so that the said subsection shall now read as
follows :
(1) The treasurer shall, on demand, give a written if demanded, certified statement of the arrears due on any land , to^lfve^a and he may charge thirty-five cents for the search and ^"tement certified statement on each separate parcel, but he "^ ^'■^®^'^- shall not make any charge to any person who forth- with pays the taxes.
19. Subsection 2 of section 181 of The Assessment Act, as Rev. stat..
c 272 s 181
enacted by section 18 of The Assessment Amendment Act, 1944 subs. 2 and amended by section 37 of The Assessment Amendmetitc.'^.s.is). Act, 1946, is further amended by striking out the w^ords ^"^®'^*^®'*- "complied with subsection 2 of" in the third and fourth lines and inserting in lieu thereof the words "sent to the incum- brancers and registered owner the notice as provided in", so that the said subsection shall now read as follows:
(2) Notwithstanding subsection 1, a tax deed shall not declaration
^ ■' . . -^ of treasurer.
be valid unless there is affixed thereto a statutory declaration of the treasurer that he has sent to the incumbrancers and registered owner the notice as provided in section 178, and such declaration shall form part thereof, and where the tax deed has been registered, the treasurer shall deposit the declaration in the proper registry or land titles office where it shall be attached to the tax deed of the land in respect of which it was made.
20. Section 202 of The Assessment Act is repealed. ^®o'^v,^*^o7»o
repealed.
21. — (1) Form 4 of The Assessment Act, as re-enacted by Rev_.2^tat.. subsection 4 of section 2 of The Statute Law Amendment ^c/. Form 4 1938, is amended by striking out the column headed "Fore. 37, 's. 2.
,, subs. 4),
income . amended.
(2) Paragraph 2 of Form 5 of The Assessment Act is amended 0.^272. ^ " by striking out the word ''income" in the third line, so that the para?!.' said paragraph shall now read as follows: amended.
2. I have estimated and set down, according to the best of my in- formation and belief, in said assessment roll, the amounts assess- able against every person named in the said roll for business or otherwise under The Assessment Act.
99
10
^ornmencej^ 22. This Act shall come into force on the 1st dav of June, ■ 1948.
Short title. 23. This Act may be cited as The Assessment Amendment Act, 1948.
99
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No. 100
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Agricultural Associations Act.
Mr. Kennedy
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
Explanatory Note
At the annual meeting of The Ontario Fruit Growers' Association and the annual meeting of The Ontario Vegetable Growers' Association, both held recently, the two Associations were amalgamated.
The section is amended to conform with this amalgamation.
100
No. 100 1948
BILL
An Act to amend The Agricultural Associations Act.
HIS MAJESTY, b}' and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 2 of The Agricultural Associations Act, asRev. stat.
c 80 s 2
amended by section 2 of The Statute Law Amendment Act, 1941, amended.' is further amended by striking out the words "The Ontario Fruit Growers' Association" in theamendment of 1941 and inser- ting in lieu thereof the words "The Ontario Fruit and Vegetable Growers' Association", and by striking out the words "The Ontario Vegetable Growers' Association" in the seventeenth line, so that the said section shall now read as follows:
2. The foUowirg associations, societies and organizations certain shall be, or continue to be, bodies corporate under ^^^lared
the provisions of this Act: — to be cor-
•^ poration
The Ontario Fruit and Vegetable Growers'
Association. The Entomological Society of Ontario. The Dairymen's Association of Eastern Ontario. The Dairymen's Association of Western Ontario. The Ontario Poultry Association. The Eastern Ontario Poultry Association. The Ontario Bee-keepers' Association. The Ontario Agricultural and Experimental Union. The Dominion Sheep Breeders' Association. The Dom.inion Swine Breeders' Association. The Dominion Cattle Breeders' Association. The Canadian Horsemen's Association. The Ontario Horse Breeders' Association. The Gardeners' and Florists' Association. The Ontario Corn Growers' Association. The Ontario Plowmen's Association. The Ontario Swine Breeders' Association.
and such other associations, societies, institutes, or organ izations as may be designated by the Lieutenant- Governor in Council.
100
ment"oTAct. ^- ^^*^ ^^^ shall come into force on the day upon which it receives the Royal Assent.
Short title. 3 -pj^jg j^^^ j^^^y y^^ cited as The Agricultural Associations Amendment Act, 1948.
100
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No. 100
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Agricultural Associations Act.
Mr. Kennedy
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 100 1948
BILL
An^^Act to amend The Agricultural Associations Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 2 of The Agricultural Associations Act, asRev. stat. amended by section 2 of The Statute Law Amendment Act, 1941, amended.' is further amended by striking out the words "The Ontario FruitGrowers' Association "in the amendment of 1941 and inser- ting in lieu thereof the words "The Ontario Fruit and Vegetable Growers' Association", and by striking out the words "The Ontario V^egetable Growers' Association" in the seventeenth line, so that the said section shall now read as follows:
2. The following associations, societies and organizations certain shall be, or continue to be, bodies corporate under ^°^/|®g(j the provisions of this Act: — *ora1;ion^'
The Ontario Fruit and Vegetable Growers'
Association . The Entomological Society of Ontario. The Dairymen's Association of Eastern Ontario. The Dairymen's Association of Western Ontario. The Ontario Poultry Association. The Eastern Ontario Poultry Association. The Ontario Bee-keepers' Association. The Ontario Agricultural and Experimental Union. The Dominion Sheep Breeders' Association. The Dominion Swine Breeders' Association. The Dominion Cattle Breeders' Association. The Canadian Horsemen's Association. The Ontaiio Horse Breeders' Association. The Gardeners' and Florists' Association. The Ontario Corn Growers' Association. The Ontario Plowmen's Association. The Ontario Swine Breeders' Association.
and such other associations, societies, institutes, or organizations as may be designated by the Lieutenant- Governor in Council.
100
menV"oTAct ^* ^^^^ -^^t shall come into force on the day upon which it receives the Royal Assent.
Short title. 3 -pj^jg j^^^ ^^^y j-^g j^j^gj ^^g j^j^g Agricultural Associations Amendment Act, 1948.
100
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No. 101
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Farm Products Containers Act, 1947.
Mr. Kennedy
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
The proposed amendment is complementary to the provision of Bill No. 100 to amend The Agricultural Associations Act and is necessary because of the amalgamation of the two associations.
101
No. 101 1948
BILL
An Act to amend The Farm Products Containers Act, 1947.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause a of section 1 of The Farm Products Contuiners 1947, c. 35. Act, 1947 , is amended by striking out the words "The Ontario amended.' Fruit Growers' Association and The Ontario Vegetable Growers' Association" in the second and third lines and inserting in lieu thereof the words "or The Ontario Fruit and Vegetable Growers' Association", so that the said clause
shall now read as follows:
(a) "association" shall mean The Ontario Beekeepers' "associa- Association or The Ontario Fruit and Vegetable *^°""' Growers' Association within the meaning of The^^^Q^^^^-' Agricultural Associations Act.
2. This Act shall come into force on the day upon which it commence-
^u r) 1 A ^ ment of Act.
receives the Royal Assent.
3. This Act may be cited as The Farm Products Containers short title. Amendment Act, 1948.
101
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No. 101
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Farm Products Containers Act, 1947.
Mr, Kennedy
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 101 1948
BILL
An Act to amend The Farm Products Containers Act, 1947.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause a of section 1 of The Farm Products Containers 1947^ c. 35. Act, 1947 , is amended by striking out the words 'The Ontario Ij^^ended.' Fruit Growers' Association and The Ontario Vegetable Growers' Association" in the second and third lines and inserting in lieu thereof the words "or The Ontario Fruit and Vegetable Growers' Association", so that the said clause
shall now read as follows:
(a) "association" shall mean The Ontario Beekeepers' "associa- Association or The Ontario Fruit and Vegetable *^°^"' Growers' Association within the meaning of The^^^^^^^^-' Agricultural Associations Act.
2. This Act shall come into force on the day upon which it commence- receives the Royal Assent. "^^""^ "^ ^'=*-
3. This Act ma}' be cited as The Farm Products Containers short title. Amendment Act, 1948.
101
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No. 102
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Bees Act.
Mr. Kennedy
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
The amendment will require used honey containers to be cleansed before they are sold, transported or shipped.
102
No. 102 1948
BILL
An Act to amend The Bees Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Bees Act is amended by adding thereto the following Rev. stat..
c. 348, section: amended.
24. Every person who sells, transports or ships any used Used honey container that has not been cleansed shall be guilty of an offence and liable to a penalty not exceeding $25.
2. This Act may be cited as The Bees Amendment Act, 1948. short title.
102
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No. 102
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Bees Act.
Mr. Kennedy
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 102 1948
BILL
An Act to amend The Bees Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Bees Act is amended by adding thereto the following Rev. stat..
c 348 section: amended.
24, Every person who sells, transports or ships any used used honey container that has not been cleansed shall be guilty of an offence and liable to a penalty not exceeding $25.
2. This Act mav be cited as The Bees Amendment Act, 1948. Short title.
102
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No. 103
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Community Halls Act.
Mr. Kennedy
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
l
Explanatory Notes
Section 1. The purpose of this amendment is to provide that a grant shall not exceed iS.OOO, in place of $2,000.
Section 2. The purpose of this amendment is to permit the estab- lishment of a community hall or athletic field, or both, in a school area or part thereof.
Section 3. The purpose of this amendment is to permit the board of a community hall or athletic field, or both, to make rules and fix charges.
103
No. 103 1948
BILL
An Act to amend The Community Halls Act.
HIS Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 2 of The Community Halls Act nev. stat., is amended by striking out the symbol and figures "$2,000" subs, if' ' in the eighth line and inserting in lieu thereof the symbol and ^™ended. figures "S5,000", and by adding at the end thereof the words
"or any one village", so that the said subsection shall now read as follows:
(1) The Minister may grant aid to the municipal cor- Granting aid
^ . f I • • , mV r to township
poration ot a township or mcorporated village for or village the purpose of assisting in providing for a com- munity hail munity hall or the establishment and laying out of flefd!'^^'®"'' an athletic field, but such grant shall not exceed an amount equal to twenty-five per centum of the cost of the building or that part of the building designed for a community hall or of the cost of the athletic field, nor shall such grant exceed the sum of $5,000, but grants may be made for the establishment of more than one community hall or athletic field by the corporation of any one township or any one village.
2. Section 6 of The Community Halls Act is amended byRev stat., adding thereto the following subsection: amended.
Establish-
(10) Where a township school area has been established ^l^munity under The Public Schools Act this section shall apply athie1;?c* mutatis mutandis to the area or any part thereof, schoorareas.
3. Section 7 of The Community Halls Act is amended ^y^^2ii'^s^i adding thereto the following subsection: amended.
(4) The board of a communitv hall or athletic field or Board may both, as the case may be, may make such rules as it and fix deems necessary relating to the management and
103
control thereof and may fix such charges therefor as it deems advisable.
Short title. 4 jhis Apf j^^y jjg ^^^^ 3g Y^g Community Halls Amend- ment Act, 1948.
103
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No. 103
4th Sf'.ssion, 22nd Legislaturk, Ontario 12 George VI, 1948
BILL
An Act to amend The Community Halls Act.
Mr. Kennedy
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 103 1948
BILL
An Act to amend The Community Halls Act.
HIS Majesty, by and with the advice and consent of the Legislative Assembh' of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 2 of The Community Halls ylc/Rev. stat..
c 284 s 2
is amended by striking out the symbol and figures "$2,000" subs, i, ' in the eighth line and inserting in lieu thereof the symbol and ^°^®" ® figures "$5,000", and by adding at the end thereof the words "or any one village", so that the said subsection shall now read as follows:
(1) The Minister mav grant aid to the municipal cor- planting aid
^ ^ . r ' 1 • • 1 -ir r t° township
poration oi a township or mcorporated village tor or village
, r ... . ,. r for com-
the purpose oi assisting in providing tor a com- munity hail
munity hall or the establishment and laying out of leid.^
an athletic field, but such grant shall not exceed an
amount equal to twenty-five per centum of the cost
of the building or that part of the building designed
for a community hall or of the cost of the athletic
field, nor shall such grant exceed the sum of $5,000,
but grants may be made for the establishment of
more than one community hall or athletic field by
the corporation of any one township or any one
village.
2. Section 6 of The Community Halls Act is amended by ^®J84®*s^V adding thereto the following subsection : ' amended.'
Establish-
(10) Where a township school area has been established community under The Public Schools Act this section shall apply athie^tic^ mutatis mutandis to the area or any part thereof. sc^hooWreas.
3. Section 7 of The Community Halls Act is amended by^^s^^^V, adding thereto the following subsection: amended.
(4) The board of a community hall or athletic field orBoard^may both, as the case mav be, mav make such rules as it and fix deems necessary relating to the management and
103
control thereof and may fix such charges therefor as it deems advisable.
Short title. 4. jj^jg j!>^^^ ^^y jjg cited as The Community Halls Amend- \ ment Act, 1948.
103
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No. 104
4th Session, 22nd Legislature, Ontario 12 George VI. 1948
BILL
The Cheese and Hog Subsidy Act, 1948.
Mr. Kennedy
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
The effect of this Bill is to extend the provisions of The Cheese and Hog Subsidy Act, 1941, until the 31st day of March, 1949.
104
No.. 104 1948
BILL
The Cheese and Hog Subsidy Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Notwithstanding anything contained in section 6 ofi94i. c. ii. The Cheese and Hog Subsidy Act, 1941, The Cheese and Hog force^^^'^ ^'^ Subsidy Act, 1942, The Cheese and Hog Subsidy Act, 1943,lttl[l\l\ The Cheese and Hog Subsidy Act, 1944, The Cheese and Hog l|||'(2nd' Subsidy Act, 1945, The Cheese and Hog Subsidy Act, 1946, or sess^).^c.^i; The Cheese and Hog Subsidy Act, 1947 , all the other provisions i947', c! 12. of The Cheese and Hog Subsidy Act, 1941, shall continue in
force and have effect until the 31st day of March, 1949.
2. This Act shall come into force on the 1st dav of April, commence-
.„.„ ■ 'mentofAct
1948.
3. This Act may be cited as The Cheese and Hog Subsidy short title Act, 1948.
104
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No. 104
4th Session, 22nd Legislature, Ontario 12 George VI. 1948
BILL
The Cheese and Hog Subsidy Act, 1948.
Mr. Kennedy
T O R O NT O
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 104 1948
BILL
The Cheese and Hog Subsidy Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Notwithstanding anything contained in section 6 ofi94i, c. ii. The Cheese and Hog Subsidy Act, 1941, The Cheese and Hog force^^^^ ^'^ Siibsidy Act, 1942, The Cheese and Hog Subsidy Act, 1943,lltl\l\ll The Cheese and Hog Subsidy Act, 1944, The Cheese and Hog\W\'^-^' Subsidy Act, 1945, The Cheese and Hog Subsidy Act, 1946, or ses^o.^c.^i; The Cheese and Hog Subsidy Act, 1947, all the other provisions 194?; c'. 12. of The Cheese and Hog Subsidy Act, 1941, shall continue in
force and have effect until the 31st day of March, 1949.
2. This Act shall come into force on the 1st day of April, commence- .-._ J t- 'mentofAct.
1948.
3. This Act may be cited as The Cheese and Hog Subsidy short title Act, 1948.
104
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No. 105
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Power Commission Act.
Mr. Drew
TORONTO Printed and Published by Baptist Johnston
PRINTERiTO THEJKlNG'S MOST EXCELLENT MAJESTY
Explanatory Notes
Section 1. This amendment provides for the application of funds out of Commission's income for the frequency standardization reserve authorized by section 3 of this Bill.
Section 2. This new subsection authorizes the transfer of funds from the contingency reserve account to the frequency standardization reserve account.
Section 3. The new section lie authorizes the setting up of a frequently standardization reserve account.
The new section 21c authorizes the changing of the frequency at which power is delivered to any person by the Commission.
The new section 216 authorizes alterations in —
(a) the Commission's own works; and
(b) the equipment and appliances of persons using Commission power, other than municipalities.
It also authorizes —
(c) the Commission to bear the expense of anything done in respect of its own works;
(d) the Commission to bear the expense of changing the electric appliances of domestic, rural domestic and commercial lighting consumers, and also such portion of the expense of changing other consumers works as may be advisable.
105
i:o. 105 1948
BILL
An Act to amend The Power Commission Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause/ of section 9 of The Power Commission Act, as Rev. stat., re-enacted by section 4 of The Power Commission Amendment ^^fii^^Q^ Act, 1946, is amended by inserting after the figures "11" in ^^^g^j^^fg^f/ the first line the figures and letter "11a," so that the said clause shall now read as follows:
(/) to provide reserves authorized b^^ sections 11, 11a, 12 and 14; and
2. Section 11 of The Power Co?nmission Act, as re-enacted Rev. stat.. by section 5 of The Power Commission Amendment Act, 1946, (i946,
. . . . c. 73 s 5)
is amended by adding thereto the following subsection: amended. '
(3) The Commission may from time to time transfer Transfer to
r . -^ ifiiii I. frequency
from its reserve account established under clause ostandardiza- of subsection 1 such amounts as it deems advisable, account, and place the same to the credit of the frequency standardization reserve account.
3. The Power Commission Act is amended by adding thereto Rej- stat.,
C. 62, the following sections: amended.
11a. — (1) An account to be known as the frequency Frequency
■ ^. . , 11 standardiza-
standardization reserve account may be opened and tion reserve maintained on the books of the Commission and the ^^*^°"" • Commission may place to the credit of such ac- count,—
(a) such amounts as the Commission transfers under subsection 3 of section 11, from the reserve account established under clause h of subsection 1 of section 1 1 ;
105
Use of moneys.
(2)
(b) such amounts as the Commission collects
pursuant to clause e of section lib;
(c) such amounts as may be made available for the
credit of this account pursuant to subsection 2 of section 56;
(d) such additional amounts as may in the opinion of the Commission be necessary for the pur- poses of this section ;
(e) interest at such rates as the Commission shall
deem equitable and just upon balances remain- ing from time to time to the credit of the account.
Any or all of the amounts at the credit of the fre- quency standardization reserve account may be used in the discretion of the Commission for meeting any expenditure or costs made or incurred under section 2\b, except expenditure or costs made or incurred in respect to works held by it under sec- tion 71.
Change of frequency.
Powers of Commission on frequency change-over.
21a. Subject to the approval of the Lieutenant-Governor in Council and notwithstanding any agreement between the Commission and any person, the Com- mission may change the periodicity in alternations of current at which it supplies electrical power or energy to any person,
2lb. Subject to the approval of the Lieutenant-Governor in Council the Commission may, —
(a) for the purposes of standardizing and making uniform the periodicity in alternations of current at which it supplies electrical power or energy, alter, reconstruct, rebuild, re-assemble, construct, extend, replace or do whatever else may be necessary in respect of its works and works held by it under section 71 ;
(b) for the purpose of standardizing and making
uniform the periodicity in alternations of current at which electrical power or energy generated or procured by it is utilized, and with the consent of the owner, alter, recon- struct, rebuild, re-assemble, construct, extend, replace or do whatever else may be necessary in respect of the electrical equipment, appxara-
105
Section 4. Section 56, under which power is sold directly to system customers at cost, is re-enacted to conform with modern conditions and with the frequency change-over.
105
tus, appliances, devices or works of any person other than a municipal corporation or municipal commission which are utilized for taking from the Commission and using elec- trical power or energy;
(c) bear the expense of anything done pursuant to clause a ;
{d) bear the expense of anything done pursuant to clause h; to the electrical equipment, appara- tus, appliances, devices or works of domestic, rural domestic and commercial lighting con- sumers, and also such portion of anything done pursuant to clause b to the electrical equip- ment, apparatus, appliances, devices or works of any person other than domestic, rural domestic or commercial lighting consumers as the Commission may deem advisable;
(e) except as provided in clause d, charge to and collect from any person to whose electrical equipment, apparatus, appliances, devices or works anything has been done pursuant to clause h the cost or any part thereof according to a tariff approved by the Lieutenant- Governor in Council.
4. Section 56 of The Power Commission Act is repealed and Rev. stat..
c 62 s 56
the following substituted therefor: re-enacted.'
56. — (1) In addition to the powers conferred upon it by supply of this Act or any other Act to contract w ith municipal p^"^®^- corporations for the supply by it of electrical power and energy and to contract with persons pursuant to sections 47, 72 and 76, the Commission, subject to the approval of the Lieutenant-Governor in Council, may contract with any other person for the supply of electrical power or energy to such person upon such terms and conditions as the Com- mission may deem proper.
(2) The revenue, or anv part thereof, derived by the Application _ . , - ' , . , of revenue.
Commission from supplying pow'er or energy under
subsection 1 for use outside of Ontario and which
in the opinion of the Commission is so derived because
of anything done pursuant to section 2\h may be
placed to the credit of the frequency standardization
reserve account.
105
Application of net profit.
(3) Any net profit made by the Commission in supplying power or energy under subsection 1 shall be applied in reduction of the cost of electrical power or energy to municipal corporations having contracts with the Commission.
Determina- tion of net profit.
(4) Net pro^t referred to in subsection 3 shall be deter- mined by deducting from the revenue received from supplying power or energy under subsection 1 all moneys placed to the credit of the frequency stan- dardization reserve account pursuant to subsection 2 and an amount determined by the Commission for costs and charges as enumerated in clauses a, b and c of section 61 and for the purposes of section 11 and clause d of subsection 1 of section lla.
Use of right-of-way of railway, power and transmission companies.
(5) The Commission may, with the approval of the Lieutenant-Governor in Council, contract with a railway company or power or transmission company for the use of its right-of-way and property for the purposes of the Commission.
Amendment of agree- ments.
c^*62 V'^58 ^' Section 58 of The Power Commission Act, as amended re-enacted.' by section 7 of The Power Commission Amendment Act, 1943 and section 1 of The Power Commission Amendment Act, 1947 (No. 2), is repealed and the following substituted therefor:
58. — (1) If any agreement heretofore or hereafter entered into by the Commission for the supplying of elec- trical power or energy by the Commission to a municipal corporation or for any other work or service to be done or supplied by the Commission to a municipal corporation contains any term or condition conflicting with or contrary to this Act, the agreement shall be deemed to be amended in such manner and to such extent as to give effect to this Act.
(2) Subject to subsection 1, where the Commission has heretofore entered, or shall hereafter enter, into an agreement for the supplying of electrical power or energy by or to the Commission or for any other work or service to be done by or supplied to the Commission and such agreement has been or shall hereafter be approved by the Lieutenant-Governor in Council, it shall thereupon be valid and binding upon the parties thereto.
6. Subsection 2 of section 58a of The Power Commission Act, as enacted by section 2 of The Power Commission Amend- ment Act, 1947 (No. 2), is repealed and the following sub- stituted therefor:
Effect of approval.
Rev. Stat.,
c. 62. s. 58a
(1947,
0. 79, 8. 2).
re-enacted.
105
Section 5. Section 58, as re-enacted, provides for amending contracts with municipal corporations by making the provisions of The Power Com- mission Act prevail, and also provides for validating power contracts.
Section 6. Section 58c, which deals with power conservation, is extended.
105
(2) The Commission may at any time modif>-, restrict, ^on'^iff*^^' suspend or re-impose any order, regulation, restric- restrictions, tion, prohibition or control, heretofore or hereafter
given, made or exercised pursuant to subsection 1.
(3) The Commission mav interrupt or decrease delivery Cessation
^ ^ . - ^ , " of power
oi electrical power or energy m such manner and to delivery. such extent as it sees fit to any of its customers who fails to comply with any direction, order, regulation, restriction, prohibition or control given, made or exercised by it pursuant to subsection 1 by such means as it may deem proper and may enter upon any land of any such customer and do whatever is necessary for that purpose.
(4) Anv municipal corporation or municipal commission Entry by
'..,., i , /^ municipal
receivmg electrical power or energy from the Com- corporation. mission for distribution may interrupt or decrease delivery of electrical power or energy in such manner and to such extent as it sees fit to any of its cus- tomers who fails to comply with any direction, order, regulation, restriction, prohibition or control given, made or exercised by the Commission, pursuant to subsection 1 , by such means as it may deem proper, and may enter upon any land of any such customer and do whatever is necessary for that purpose.
(5) Nothing done under this section or under any direc- j^^ breach tion, order, regulation, restriction, prohibition or of contract, control made or exercised by the Commission under
this section or done to enforce or give effect thereto by the Commission, its servants or agents, or b> any municipal corporation or municipal commission or its servants or agents, shall be deemed a breach of contract by the Commission or any municipal cor- poration or municipal commission or entitle any person to rescind any contract or release any guaran- tor from the performance of his obligation, or render the Commission, its servants or agents, or any municipal corporation or municipal commission, its or their servants or agents liable in any action-at-law or other legal proceedings for damages or otherwise.
(6) Any person refusing or neglecting to comply with Penaitir
any direction, order, regulation, restriction, prohibi- tion or control made or exercised by the Commission under this section shall be guilty of an offence and in addition to any other liability incur a penalty of not less than $100 and not more than $500 and a further penalty of not less than $100 and not more than $500 for each and every separate day upon which such refusal or neglect is repeated or continued.
105
Recovery of penalties. Rev. Stat., 0. 136.
Rev. Stat., c. 62. 8. 61, cl. d (1946, c. 73, s. 11), amended.
(7) The penalties imposed by or under the authority of this section shall be recoverable under The Summary Convictions Act.
7. Clause d of section 61 of The Power Commission Act, as re-enacted by section 11 of The Power Commission Amend- ment Act, 1946, is amended by adding at the end thereof the words "and clause d cf section 11a", so that the said clause shall now read as follows:
Rev. Stat..
c. 62. 8. 71
(1939.
c. 35. 8. 3),
amended.
Use of moneys for standardiza- tion of frequency.
{d) an amount to be determined by the Commission fcr the purposes of sections 11 and 12 and clause d of section 11a.
8. Section 71 of The Power Commission Act, as re-enacted by section 3 of The Power Commission Amendment Act, 1939 and amended by section 8 of The Power Commission Amend- ment Act, 1943, is further amended by adding thereto the following subsection :
(6) The Commission may in its discretion use any of the revenue which may be derived or may have been derived from the distribution of electrical power or energy by the Commission on behalf of the corpora- tion of any township forming a rural power district or any part thereof for altering, reconstructing, re- building, re-assembling, constructing, extending, re- placing or whatever else may be necessary in respect of works held by it under subsection 3, for the purpose of standardizing and making uniform to such extent and in such manner as it may deem necessary the periodicity in alternations of current at which it supplies electrical power to customers of the corporation or at premises pursuant to sub- section 3.
Rev. Stat.. 0. 62. 8. 95o. cl. d (1946. c. 73. 8. 14). amended.
9. Clause d of section 95a of The Power Commission Act, as enacted by section 14 of The Power Commission Amend- ment Act, 1946, is amended by adding at the end thereof the words "in the alteration, reconstruction, rebuilding, re-assembl- ing, construction, replacing or whatever else may be necessary in respect of such works for the purpose of receiving from the Commission and distributing electrical power or energy at a changed periodicity in alternations of current; or", so that the said clause shall now read as follows:
Extension and altera- tion of works.
{d) in the extension of works for the production, develop- ment, distribution or sale of electrical power or energy or in the alteration, reconstruction, rebuilding, re- assembling, construction, replacing or whatever else may be necessary in respect of such works for the
105
Section 7. The words added to section 61 take into account the addition of the new section 11a. {See section 3 of this Bill.)
Section 8. A new subsection is added to section 71 (rural power) to provide for the use of revenue for frequency conversion.
Section 9. Clause d of section 95a is amended to authorize the use of available hydro municioality electrical utility funds for frequency con- version.
105
Section 10. See note to section 9.
105
purpose of receiving from the Commission and distributing electrical power or energy at a changed periodicity in alternations of current ; or
10. Clauses a and b of subsection 1 of section 96 of The Rev stat..
4 11 -ire n-'i ^- "2, S. 96,
Power Commission Act, as re-enacted by section 15 ot i /zgsubs. i. cis. Power Commission Amendment Act, 1946, are repealed and thee! 73. s. 15,) following substituted therefor: re-enac e
(a) in altering, reconstructing, rebuilding, re-assembling, ^^"eration constructing, replacing or doing whatever else may be necessary in respect of works for the production, development, distribution or sale of electrical power or energy for the purpose of receiving from the Commission and distributing electrical power or energy at a changed periodicity in alternations of current;
{b) in repaying to persons to whom electrical power or in repay-
• «• i"ii_ I ""1 in6nt to cus~
energy is being supplied by such municipal corpora- tomers. tion or municipal commission money paid by them for electrical power or energy so supplied, such repayment being made either directly or by a credit on or reduction in bills for electrical power or energy; or
(c) to the extent to which such surplus is derived from purloses^of the supply of electrical power or energy for the ^'^"|^<=j?p^^i^^^ lighting of the streets of the municipality or for the operation of any street railway or electric railway or any public utility of the corporation other than an electric utility, by payment over of such surplus or of such portion thereof as the Commission may deem proper, to the treasurer of the municipality to be applied to the general purposes of the corporation.
11. This Act may be cited as The Power Commission ^^°^^ ^^^^^• Amendment Act, 1948.
105
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No. 105
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Power Commission Act.
Mr. Drew
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 105 1948
BILL
An Act to amend The Power Commission Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause/ of section 9 of The Power Commission Act, asRev.stat., re-enacted by section 4 of The Power Commission Amendment ^[ ^/[Iq4q Act, 1946, is amended by inserting after the figures "11" in c- 73. s. 4/.
. 11 amenaed.
the first Ime the figures and letter Ha, ' so that the said clause shall now read as follows:
(J) to provide reserves authorized by sections 11, 11a, 12 and 14; and
2. Section 11 of The Power Commission Act, as re-enacted Rev stat.. bv section 5 of The Power Commission Amendment Act, 1946, (i946,
. ' . • . c 73 s 5)
is amended by adding thereto the following subsection: ainended. '
(3) The Commission mav from time to time transfer Transfer to
' ir©Q UGDCV
from its reserve account established under clause 6 standardiza- of subsection 1 such amounts as it deems advisable, account. and place the same to the credit of the frequency standardization reserve account.
3. The Power Commission Act is amended b}^ adding thereto Rev^- stat.,
the following sections: amended.
11a. — (1) An account to be known as the frequency Frequency standardization reserve account may be opened and tion reserve maintained on the books of the Commission and the^*^'^*^"" ' Commission may place to the credit of such ac- count,—
(a) such amounts as the Commission transfers under subsection 3 of section 11, from the reserve account established under clause b of subsection 1 of section 1 1 ;
105
Use of moneys.
(b) such amounts as the Commission collects
pursuant to clause e of section 216;
(c) such amounts as may be made available for the
credit of this account pursuant to subsection 2 of section 56;
(d) such additional amounts as may in the opinion of the Commission be necessary for the pur- poses of this section ;
(e) interest at such rates as the Commission shall
deem equitable and just upon balances remain- ing from time to time to the credit of the account.
(2) Any or all of the amounts at the credit of the fre- quency standardization reserve account may be used in the discretion of the Commission for meeting any expenditure or costs made or incurred undei section 21b, except expenditure or costs made or incurred in respect to works held by it under sec- tion 71.
Change of frequency.
Powers of
Commission on frequency change-over.
21a, Subject to the approval of the Lieutenant-Governoi in Council and notwithstanding any agreemen between the Commission and any person, the Com- mission may change the periodicity in alternations of current at which it supplies electrical power or energy' to any person.
2lb. Subject to the approval of the Lieutenant-Governor in Council the Commission may, —
(a) for the purposes of standardizing and making uniform the periodicity in alternations of current at which it supplies electrical power or energy, alter, reconstruct, rebuild, re-assemble, construct, extend, replace or do whatever else may be necessary in respect of its works and works held by it under section 71 ;
(6) for the purpose of standardizing and making uniform the periodicity in alternations of current at which electrical power or energy generated or procured by it is utilized, and with the consent of the owner, alter, recon- struct, rebuild, re-assemble, construct, extend, replace or do whatever else ma>' be necessary in respect of the electrical equipment, appara-
tt
105
tus, appliances, devices or works of any person other than a municipal corporation or municipal commission which are utilized for taking from the Commission and using elec- trical power or energy;
(c) bear the expense of anything done pursuant to
clause a;
(d) bear the expense of anything done pursuant to clause b to the electrical equipment, appara- tus, appliances, devices or works of domestic, rural domestic and commercial lighting con- sumers, and also such portion of anything done pursuant to clause b to the electrical equip- ment, apparatus, appliances, devices or w'orks of any person other than domestic, rural domestic or commercial lighting consumers as the Commission may deem advisable;
(e) except as provided in clause d, charge to and
collect from any person to whose electrical equipment, apparatus, appliances, devices or works anything has been done pursuant to clause b the cost or any part thereof according to a tariff approved by the Lieutenant- Governor in Council.
4. Section 56 of The Power Commissiofi Act is repealed and Rev. stat.. the following substituted therefor: re-enacted.'
56. — (1) In addition to the powders conferred upon it by supply of this Act or any other Act to contract with municipal p°"*'^'®'"- corporations for the supply by it of electrical power and energy and to contract with persons pursuant to sections 47, 72 and 76, the Commission, subject to the approval of the Lieutenant-Governor in Council, may contract wath any other person for the supply of electrical power or energy to such person upon such terms and conditions as the Com- mission may deem proper.
(2) The revenue, or any part thereof, derived bv the Application
^ . . ,. . . ' , of revenue.
Lommrssion from supplymg power or energy under
subsection 1 for use outside of Ontario and which
in the opinion of the Commission is so derived because
of anything done pursuant to section 2lb may be
placed to the credit of the frequency standardization
reserve account.
105
Application of net profit.
(3) Any net profit made by the Commission in supplying power or energy under subsection 1 shall be applied in reduction of the cost of electrical power or energy to municipal corporations having contracts with the Commission.
Determina- tion of net profit.
(4) Net profit referred to in subsection 3 shall be deter- mined by deducting from the revenue received from supplying power or energy under subsection 1 all moneys placed to the credit of the frequency stan- dardization reserve account pursuant to subsection 2 and an amount determined by the Commission for costs and charges as enumerated in clauses a, b and c of section 61 and for the purposes of section 11 and clause d of subsection 1 of section 11a.
Use of righit-of-way of railway, power and transmission companies.
(5) The Commission may, with the approval of the Lieutenant-Governor in Council, contract with a railway company or power or transmission company for the use of its right-of-way and property- for the purposes of the Commission.
^^Ia ^}^h' 5. Section 58 of The Power Commission Act, as amended re-enacted, by section 7 of The Power Commission Amendment Act, 1943 and section 1 of The Power Commission Amendment Act, 1947 (No. 2), is repealed and the following substituted therefor:
Amendment of agree- ments.
Effect of approval.
58. — (1) If any agreement heretofore or hereafter entered into by the Commission for the supplying of elec- trical power or energy by the Commission to a municipal corporation or for any other work or service to be done or supplied by the Commission to a municipal corporation contains any term or condition conflicting with or contrary to this Act, the agreement shall be deemed to be amended in such manner and to such extent as to give effect to this Act.
(2) Subject to subsection 1, where the Commission has heretofore entered, or shall hereafter enter, into an agreement for the supplying of electrical power or energy by or to the Commission or for any other work or service to be done by or supplied to the Commission and such agreement has been or shall hereafter be approved by the Lieutenant-Governor in Council, it shall thereupon be valid and binding upon the parties thereto.
^®62.^*^58(i ^- Subsection 2 of section 58a of The Power Commission o^79^'s 2) ^ct, as enacted by section 2 of The Power Commission Amend- re-enacted* ment Act, 1947 (No. 2), is repealed and the following sub- stituted therefor:
105
(2) The Commission may at any time modify, restrict, ^on*o^°*" suspend or re-impose any order, regulation, restric- restrictions, tion, prohibition or control, heretofore or hereafter
given, made or exercised pursuant to subsection 1.
(3) The Commission may interrupt or decrease delivery ^f^^^^^^ of electrical power or energy in such manner and to delivery such extent as it sees fit to any of its customers who
fails to comply with any direction, order, regulation, restriction, prohibition or control given, made or exercised by it pursuant to subsection 1 by such means as it may deem proper and may enter upon any land of any such customer and do whatever is necessary for that purpose.
(4) Anv municipal corporation or municipal commission Entry by
. . , . , r 1 /^ municipal
receiving electrical power or energy from the Com- corporation, mission for distribution may interrupt or decrease delivery of electrical power or energy in such manner and to such extent as it sees fit to any of its cus- tomers who fails to comply with any direction, order, regulation, restriction, prohibition or control given, made or exercised by the Commission, pursuant to subsection 1, by such means as it may deem proper, and may enter upon any land of any such customer and do whatever is necessary for that purpose.
(5) Nothing done under this section or under any direc- j^j^ breach tion, order, regulation, restriction, prohibition or of contract, control made or exercised by the Commission under
this section or done to enforce or give effect thereto by the Commission, its servants or agents, or by any municipal corporation or municipal commission or its servants or agents, shall be deemed a breach of contract by the Commission or any municipal cor- poration or municipal commission or entitle any person to rescind any contract or release any guaran- tor from the performance of his obligation, or render the Commission, its servants or agents, or any municipal corporation or municipal commission, its or their servants or agents liable in any action-at-law or other legal proceedings for damages or otherwise.
(6) Any person refusing or neglecting to comply with Penalties.
any direction, order, regulation, restriction, prohibi- tion or control made or exercised by the Commission under this section shall be guilty of an offence and in addition to any other liability incur a penalty of not less than $100 and not more than $500 and a further penalty of not less than $100 and not more than $500 for each and every separate day upon which such refusal or neglect is repeated or continued.
105
Recovery of penalties. Rev. Stat.. o. 136.
(7) The penalties imposed by or under the authority of this section shall be recoverable under The Summary Convictions Act.
Rev. Stat., c. 62, 8. 61, cl. d (1946, c. 73. 8. 11), amended.
7. Clause d of section 61 of The Power Commission Act, as re-enacted by section 11 of The Power Commission Amend- ment Act, 1946, is amended by adding at the end thereof the words "and clause d cf section Ha", so that the said clause shall now read as follows:
{d) an amount to be determined by the Commission for the purposes of sections 11 and 12 and clause d of section 11a.
Rev. Stat.,
c. 62. 8. 71
(1939.
c. 35. s. 3),
amended.
Use of moneys for standardiza- tion of frequency.
8. Section 71 of The Power Commission Act, as re-enacted by section 3 of The Power Commission Amendment Act, 1939 and amended by section 8 of The Power Commission Amend- ment Act, 1943, is further amended by adding thereto the following subsection :
(6) The Commission may in its discretion use any of the revenue which may be derived or may have been derived from the distribution of electrical power or energy by the Commission on behalf of the corpora- tion of any township forming a rural power district or any part thereof for altering, reconstructing, re- building, re-assembling, constructing, extending, re- placing or whatever else may be necessary in respect of works held by it under subsection 3, for the purpose of standardizing and making uniform to such extent and in such manner as it may deem necessary the periodicity in alternations of current at which it supplies electrical power to customers of the corporation or at premises pursuant to sub- section 3.
Rev. Stat., c. 62. 8. 95o, cl. d (1946, c. 73, 8. 14), amended.
9. Clause d of section 95a of The Power Commission Act, as enacted by section 14 of The Power Commission Amend- ment Act, 1946, is amended by adding at the end thereof the words "in the alteration, reconstruction, rebuilding, re-assembl- ing, construction, replacing or whatever else may be necessary in respect of such works for the purpose of receiving from the Commission and distributing electrical power or energy at a changed periodicity in alternations of current; or", so that the said clause shall now read as follows:
Extension and altera- tion of works.
{d) in the extension of works for the production, develop- ment, distribution or sale of electrical power or energy or in the alteration, reconstruction, rebuilding, re- assembling, construction, replacing or whatever else may be necessary in respect of such works for the
105
purpose of receiving from the Commission and distributing electrical power or energy at a changed periodicity in alternations of current ; or
10. Clauses a and b of subsection 1 of section 96 of The^^^^ sta^^. Power Commission Act, as re-enacted by section 15 of r/?e subs.' i. els'. Power Commission Amendment Act, 1946, are repealed and thed 73, s. i5.) following substituted therefor:
(a) in altering, reconstructing, rebuilding, re-assembling, ^^1*®^^^!°"
constructing, replacing or doing whatever else may be necessary in respect of works for the production, development, distribution or sale of electrical power or energy for the purpose of receiving from the Commission and distributing electrical power or energy at a changed periodicity in alternations of current;
(b) in repaying to persons to whom electrical power or in repay-
«.• 1*11 1 **i mciiL Xi(j cuS"
energy is bemg supplied by such municipal corpora- tomers. tion or municipal commission money paid by them for electrical power or energy so supplied, such repayment being made either directly or by a credit on or reduction in bills for electrical power or energy; or
(c) to the extent to which such surplus is derived from purloses^of
the supply of electrical power or energy for the ^^^icipai^^^^ lighting of the streets of the municipality or for the operation of any street railway or electric railway or any public utility of the corporation other than an electric utility, by payment over of such surplus or of such portion thereof as the Commission may deem proper, to the treasurer of the municipality to be applied to the general purposes of the corporation,
11. This Act may be cited as The Power Commission ^^°^^ ^^^^^' Amendment Act, 1948.
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No. 106
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Training Schools Act, 1939.
Mr. Dunbar
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
Explanatory Notes.
Section 1. The amendment increases the liability of the munici- pality from which a boy or girl goes to a training school from fifty cents per day to seventy-five cents per day.
Section 2. This amendment increases the provincial contribution to private training schools from fifty cents per day to seventy-five cents per day where the boy or girl comes from a municipality, and from $1 to ♦1.50 where the boy or girl comes from a part of a provisional judicial district which is not within a city or separated town or a town or township having a population of 5,000 or over.
106
No. 106 1948
BILL
An Act to amend The Training Schools Act, 1939.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 15 of The Training Schools -^c^s^fl'g^ubs^'i 1939, is amended by striking out the word "fifty" in the sixth amended, line and inserting in lieu thereof the word "seventy-five", so
that the said subsection shall now read as follows:
(1) Subject as in this Act may otherwise be provided, L^^nity^^ when a boy or girl is sent or admitted to a training paiity. school, the municipality to which the boy or girl belongs shall be liable to the Department in the case of an Ontario training school and to the society operating the training school in the case of a private training school, for and shall pay the sum of seventy- five cents per day towards the cost of maintenance and education of such boy or girl for each actual day's stay of the boy or girl in the training school.
2. Subsection 1 of section 20 of The Training Schools -^^^g^lo'subs^'i 1939, as amended by section 1 of The Training Schools ^we«rf- amended. ment Act, 1947 , is further amended by striking out the word
"fifty" in the first line and inserting in lieu thereof the word "seventy-five", and by striking out the words "one dollar" in the amendment of 1947 and inserting in lieu thereof the symbol and figure "$1.50", so that the said subsection shall now read as follows:
(1) The sum of seventy-five cents per day and in thecontribu- case of a boy or girl belonging to a part of a provi- Province sional judicial district not within a city or separated school^** town or a town or township having a population of 5,000 or over the sum of $1.50 per day for each day's actual stay of a boy or girl in a private training school shall be paid quarterly by the Treasurer of Ontario to the society maintaining the training school out of any moneys appropriated for that purpose.
106
ment"of"Act ^- ^^^^ ^^^ ^^^^' come into force on the day upon which it receives the Royal Assent.
Short title, 4. This Act may be cited as The Training Schools Amend- ment Act, 1948.
106
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No. 106
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Training Schools Act, 1939.
Mr. Dunbar
TORONTO
Printed and'JPublished by Baptist Johnston Printer to the King's Most Excellent Majesty
Xo. 106 1948
BILL
An Act to amend The Training Schools Act, 1939.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 15 of The Training Schools ■^ct,l^ll'°;^^^\^ 1939, is amended by striking out the word "fifty" in the sixth amended, line and inserting in lieu thereof the word "seventy-five", so
that the said subsection shall now read as follows:
(1) Subject as in this Act may otherwise be provided, ^^i^|||^7._ when a boy or girl is sent or admitted to a training paiity. school, the municipality to which the boy or girl belongs shall be liable to the Department in the case of an Ontario training school and to the society ,
operating the training school in the case of a private training school, for and shall pay the sum of seventy- five cents per day towards the cost of maintenance and education of such boy or girl for each actual da^-'s stay of the boy or girl in the training school.
2. Subsection 1 of section 20 of The Training Schools ^c^. g^fo'subs^'i 1939, as amended by section 1 of The Training Schools Amend- amended. ment Act, 1947 , is further amended by striking out the word
"fifty" in the first line and inserting in lieu thereof the word "seventy-five", and by striking out the words "one dollar" in the amendment of 1947 and inserting in lieu thereof the symbol and figure "$1.50", so that the said subsection shall now read as follows:
(1) The sum of seventy-five cents per day and in thecontribu- case of a boy or girl belonging to a part of a provi- p^ovince^ sional judicial district not within a city or separated gchoois^*^ town or a town or township having a population of 5,000 or over the sum of $1.50 per day for each day's actual stay of a boy or girl in a private training school shall be paid quarterly by the Treasurer of Ontario to the society maintaining the training school out of any moneys appropriated for that purpose.
106
ment"o "Act ^- ^^^^ -^^t shall come into force on the day upon which it receives the Royal Assent.
Short title. 4. This Act may be cited as The Training Schools Amend- ment Act, 1948.
106
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No. 107
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL .
An Act to amend The Workmen's Compensation Act.
Mr. Carlin
TORONTO
Printed^and Published by Baptist Johnston
Printer toJthe King's Most Excellent Majesty
Explanatory Notes
Section 1. Eliminates the seven-day waiting period before com- pensation can be paid.
Sections 2, 3 and 4. Increase the basis of compensation from sixty-six and two-thirds per cent of earnings to one hundred per cent of earnings. The reference to the waiting period in subsection 1 of section 40 of the Act is deleted because the waiting period is eliminated by section 1 of this Bill.
107
No. 107 1948
BILL
An Act to amend The Workmen's Compensation
Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause a of subsection 1 of section 2 of The Workmen' s^^^- stat..
c. 204 S. 2
Compensation Act is repealed. subs. i. ci.'a,
repealed.
2. Section 38 of The Workmen' s Compensation Act, as re- ^ey. stat.. enacted by section 2 of The Workmen' s Compensation Amend- d^^^zl ment Act, 1942, is amended by striking out the words "sixty- amended. ' six and two-thirds" in the third line and inserting in lieu thereof the words "one hundred", so that the said section
shall now read as follows:
38. Where temporarv total disabilitv results from the Compensa-
. . , ■ . 1 1, 1 ' 1 , tion in case
mjury, the compensation shall be a weekly payment of temporary
of one hundred per centum of the workman's average abiuty.
weekly earnings during the previous twelve months
if he has been so long employed, but if not then for
any less period during which he has been in the
employ of his employer, and shall be payable sp
long as the disability lasts.
3. Section 39 of The Workmen' s Compensation Act, as ^^-^^26i'^s^z9 enacted by section 2 of The Workmen' s Compensation Amend- (1942,'
. .. c. 41,s. 2),
ment Act, 1942, is amended by striking out the words "sixty- amended. six and two-thirds" in the third line and inserting in lieu thereof the words "one hundred", so that the said section shall now read as follows:
39. Where temporary partial disability results from the Temporary
injury, the compensation shall be a weekly payment dfsabmty. of one hundred per centum of the difference between the average weekly earnings of the workman before the accident and the average amount which he is earning or is able to earn in some suitable employ-
107
Rev. Stat.,
c. 204. 8. 40,
subs. 1
(1942,
c. 41, 8. 2),
amended.
ment or business after the accident, and shall be payable so long as the disability lasts, and subsection 3 of section 40 shall apply.
4. — (1) Subsection 1 of section 40 of The Workmen's Compensation Act, as re-enacted by section 2 of The Work- men's Compensation Amendment Act, 1942, is amended by striking out the words "sixty-six and two-thirds" in the ninth line and inserting in lieu thereof the words "one hundred", and by striking out the words "and shall be payable notwithstand- ing clause a of subsection 1 of section 2" in the eleventh and twelfth lines, so that the said subsection shall now read as follows:
disabuPty!* (1) Where permanent disability results from the injury,
the impairment of earning capacity of the workman shall be estimated from the nature and degree of the injury and the compensation shall be a weekly or other periodical payment during the lifetime of the workman, or such other period as the Board may fix, of a sum proportionate to such impairment not exceeding in any case the like proportion of one hundred per centum of his average weekly earnings ascertained in the manner provided by section 38.
c. 204, s. 40, (2) Subsection 4 of the said section 40 is amended by (1942, striking out the words "sixty-six and two-thirds" in the
amerid^ed^.^' eighth and ninth lines and inserting in lieu thereof the words
"one hundred", so that the said subsection shall now read as
follows:
Compensa- tion for permanent disability.
(4) Where the Board deems it more equitable, the Board may award compensation for permanent disability having regard to the difference between the average weekly earnings of the workman before the accident and the average amount which he is earning or is able to earn in some suitable occupation after the accident, and the compensation may be a weekly or other periodical payment of one hundred per centum of such difference, and regard shall be had to the workman's fitness to continue in the employment in which he was injured or to adapt himself to some other suitable occupation.
Rev. Stat., c. 204. amended.
Pre-existing condition.
5. The Workmen's Cowpen5a/w7ni4c/ is amended by adding thereto the following section :
41. — (1) Where a workman suffers any disability which is in part the result of an accident and in part the result of aggravation of a pre-existing condition, whether such aggravation is apparent at the time of
107
Section 5. Provides for compensation where a pre-existing condi- tion is aggravated.
107
Section 6. Provides that any workman who is exposed to silica dust must be given an annual X-ray examination, and where any degree of lung injury is discovered, the examination thereafter must be every two months.
Section 7. Gives added protection to victims of silicosis by providing for comf)ensation where other disabling conditions develop.
107
the accident or becomes apparent at any time there- after, the Board shall pay compensation to the workman in accordance with the actual degree of disability from which he suffers.
(2) The Board shall estimate the degree of disability Assessment, which is directly due to the accident and shall pay the amount of compensation payable for that degree of disability from the accident fund, and the re- mainder of the compensation from the special fund provided for in subsection 2 of sect.ion 101.
6. Section 50 of The Workmen's Compensation Act isRev. stat., amended by adding thereto the following subsection: amended. '
(13) Every workman who in the course of his employment ^'J^T^^o+i^^o
^ ' "^ * ^ cxtxiTi 1 113, t ions
is exposed to the danger of inhalation of silica dust to be given. shall be given an X-ray examination of his lungs at least once in each year of such employment, and where such examination reveals any degree of injury to a lung he shall be given such examination at least once in every two months thereafter, and the provisions of this section with respect to provision of medical aid shall apply mutatis mutandis.
7. Section 115 of The Workmen's Compensation Act is Rev. stat., amended by adding thereto the following subsection: ameitded.^''^^'
(9) Notwithstanding anything to the contrary contained dTs^^Miit - in this Act, where any workman has been exposed to deemed due
11 r • 1 1 • r •«• 1 , . .- .to Silicosis.
the danger or mhalation ot silica dust and is found to have contracted any condition which could be attributed to silicosis and suffers any disability therefrom, such disability for purposes of compen- sation shall be deemed to be due to silicosis, and any chronic lung disease contracted by such workman at any time thereafter shall be deemed to be an industrial disease arising out of and in the course of his employment at the time such condition was contracted.
8. This Act may be cited as The Workmen's Compensation short title. Amendment Act, 1948.
107
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No. 108
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act respecting the Provision of Services by the Province and Municipalities to Persons Occupying Dominion Crown Lands.
Mr. Drew
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note.
Self-explanatory.
108
No. 108 1948
BILL
An Act respecting the Provision of Services by the
Province and Municipalities to Persons
Occupying Dominion Crown Lands.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act, — interpre-
tation,—
(a) "area" means any parcel or parcels of land;
"area";
(b) "council" includes the board of trustees of an im- "council"; provement district;
(c) "local municipality" includes an improvement dis- muntcipai-
2.— (1) Where an area of land is vested in His Majesty in ^/'^^;:'o^4°n right of Canada or in a person or corporation on behalf of mSmcipali- His Majesty in right of Canada, the Lieutenant-Governor in ties. Council, upon receipt of representations from the council of the local municipality and the council of the county, if any, in which the area is situate that no suitable arrangements have been made to pay for provincial and municipal services by way of submitting to assessment and taxation of the land or paying compensation in lieu thereof, may by Order-in- Council exclude the area from the local municipality and the county, if any, in which it is situate for any or all of the following purposes:
(a) Education;
(b) Fire and police protection ;
(c) Planning;
(d) Highways;
(e) Sewers and sewage disposal; 108
Rev. Stat., c. 59.
(/) Garbage disposal;
(g) Public health, including hospitals and hospitalization ;
(h) Welfare, including relief and payment under any Act of this Legislature with respect to the inhabitants of the area ;
(i) Public utility as defined in The Department of Munici- pal Affairs Act;
(j) The payment of any grants by the Province in rela- tion to such area or the inhabitants thereof;
(k) Any other purpose in respect of which provision is made from time to time that any municipality or the Province may spend public money.
^^^"sion (2) Where such an area is unorganized territory, the Lieu-
territoriai tenant-Governor in Council may by Order-in-Council exclude .the area from the territorial district in which it is situate for any or all of the purposes set out in subsection 1.
Effect of exclusion.
Application of provincial Acts where service provided by Crown.
Commence- ment of Act.
Sho-t title.
3. Upon the passing of an Order-in-Council under section 2, the local municipality, the county and the Province shall be relieved from responsibility with respect to such area and the inhabitants thereof for the purposes set out in the Order-in- Council.
4. If,-
(a) any area is so excluded ; and
(b) no suitable arrangement is made as to payment for any service; and
(c) His Majesty in right of Canada or the person or cor-
poration on behalf of His Majesty in right of Canada is providing any service to the inhabitants of the area,
the Lieutenant-Governor in Council may by Order-in-Council provide that His Majesty in right of Canada or the person or corporation shall receive grants and assistance under any Act of this Legislature with respect to that service in the same manner as any other public authority providing such service.
6. This Act shall come into force on a day to be named by the Lieutenant-Governor by his Proclamation.
6. This Act may be cited as The Dominion Crown Tenants Provincial- Municipal Services Act, 1948.
108
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No. 108
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act respecting the Provision of Services by the Province and Municipalities to Persons Occupying Dominion Crown Lands.
Mr. Drew
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
No. 108 1948
BILL
An Act respecting the Provision of Services by the
Province and MunicipaHties to Persons
Occupying Dominion Crown Lands.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act, — interpre-
tation,—
(a) "area" means any parcel or parcels of land;
"area";
(b) "council" includes the board of trustees of an im- "council";
provement district;
(c) "local municipalitv" includes an improvement dis- m'untcipai-
trict. ' **y"-
2. — (1) Where an area of land is vested in His Majesty in of^cro^^n right of Canada or in a person or corporation on behalf of mumcipaii- His Majesty in right of Canada, the Lieutenant-Governor in ties. Council, upon receipt of representations from the council of the local municipality and the council of the county, if any, in which the area is situate that no suitable arrangements have been made to pay for provincial and municipal services by way of submitting to assessment and taxation of the land or paying compensation in lieu thereof, may by Order-in- Council exclude the area from the local municipality and the county, if any, in which it is situate for any or all of the following purposes: «
(a) Education;
(b) Fire and police protection ;
(c) Planning;
(d) Highways;
(e) Sewers and sewage disposal ; 108
Rev. Stat., c. 59.
(/) Garbage disposal;
(g) Public health, including hospitals and hospitalization ;
(h) Welfare, including relief and payment under any Act of this Legislature with respect to the inhabitants of the area ;
(i) Public utility as defined in The Department of Munici- pal Affairs Act;
(J) The payment of any grants by the Province in rela- tion to such area or the inhabitants thereof;
{k) Any other purpose in respect of which provision is made from time to time that any municipality or the Province may spend public money.
^om"^'°'^ (2) Where such an area is unorganized territory, the Lieu-
^erritoriai tenant-Governor in Council may by Order-in-Council exclude the area from the territorial district in which it is situate for any or all of the purposes set out in subsection 1.
Effect of exclusion.
Application of provincial Acts where service provided by Crown.
3. Upon the passing of an Order-in-Council under section 2, the local municipality, the county and the Province shall be relieved from responsibility with respect to such area and the inhabitants thereof for the purposes set out in the Order-in- Council.
4. If,-
Commence- ment of Act.
Short title.
(a) any area is so excluded ; and
(6) no suitable arrangement is made as to payment for any service; and
(c) His Majesty in right of Canada or the person or cor- poration on behalf of His Majesty in right of Canada is providing any service to the inhabitants of the area,
the Lieutenant-Governor in Council may by Order-in-Council provide that His Majesty in right of Canada or the person or corporation shall receive grants and assistance under any Act of this Legislature with respect to that service in the same manner as any other public authority providing such service.
5. This Act shall come into force on a day to be named by the Lieutenant-Governor by his Proclamation.
6. This Act may be cited as The Dominion Crown Tenants Provincial-Municipal Services Act, 1948.
108
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No. 109
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Labour Relations Board Act, 1944.
Mr. Carlin
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. The interpretation section is re-enacted in accordance with the new terms introduced into the Act. (Section 1.)
The provision for application of Dominion regulations is repealed, and replaced by a statement of the right to organize and bargain collec- tively. (Section 2.) Section 3 of the Act, which is no longer necessary, is repealed.
109
No. 109 1948
BILL
An Act to^amend The Labour Relations Board Act,
1944.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 1, section 2 as amended by section 1 of r/fei944, c. 44,
• ss 1 2
Labour Relations Board Amendment Act, 1946, and section 3re-eriacted; of The Labour Relations Board Act, 1944, are repealed and the^'^''"®'^®^^®'*' following substituted therefor:
1. In this Act,— tatfon^.-
(a) "bargaining collectivelv" means negotiating in "bargain
^ ' f - . , . , . ' , . °- collectively";
good faith With a view to the conclusion of a collective bargaining agreement, the embodi- ment in writing of the terms of agreement arrived at in negotiations or required to be inserted in a collective bargaining agreement of this Act, the execution by or on behalf of the parties of such written agreement and the negotiations from time to time for the settlement of disputes and grievances of em- ployees covered by the agreement;
{b) "Board" shall mean Ontario Labour ^Relations "Board"; Board ;
(c) "collective bargaining agreement" means an ''collective
' . . . , bargaining
agreement m writing between an employer and agreement"; a trade union setting forth the terms and condi- tions of employment or containing provisions in regard to rates of pay, hours of work or other working conditions;
(d) "companv dominated organization" means anv "company
, , . ^. , - . , . . ' dominated
labour organization, the lormation or adminis-organiza-
tration of which any employer or employer's
tion'
109
"•otployM'
agent has dominated or interfered with or to which any employer or employer's agent has contributed financial or other support, except as permitted by this Act;
(e) "employee" means any person in the employ- ment of an employer, except any person having authority to employ or discharge employees or regularly acting on behalf of management in a confidential capacity, and includes any person on strike or locked out in a current labour dispute who has not secured permanent employment elsewhere;
"•mplojrer*
"•mplorer'a
"labour
orcnnlza-
tlon";
(J) "employer" means,
(i) an employer who employs three or more employees, or
(ii) an employer who employs less than three employees, if at least one of the said employees is a member of a trade union which includes among its mem- bership employees of more than one employer,
and includes an employer whose relations with his employees are not withdrawn, so far as the matters dealt with in this Act are concerned, from the legislative jurisdiction of the Legislature of Ontario by any valid law or regulation passed by or under the authority of the Parliament of Canada ;
(g) "employer's agent" means,
(i) a person or association acting on behalf of an employer,
(ii) an officer, official, foreman or other representative or employee of an em- ployer acting in any way on behalf of an employer in respect to the hiring or discharging or any of the terms or conditions of employment of the em- ployees of such employer;
(/i) "labour organization" means an organization of employees, not necessarily employees of one employer, which has bargaining collectively among its purposes;
109
Sbction 2. Subsection 2 of section 4 of the Act is re-enacted, to give the Board the powers that are required under the Act as amended.
109
3
(i) "Minister" means the Minister of Labour; and "Minister'
(J) "trade union" means a labour organization "trade whicl tion.
which is not a company dominated organiza-
2. Emplo\ees shall have the right to organize in and Rights of ^ ■ . . . ° . ° . employees.
to form, jom or assist trade unions and to bargain collectively through representatives of their own choosing, and the representatives designated or selected for the purpose of bargaining collectively by the majority- of employees in a unit appropriate for such purpose shall be exclusive representatives of all employees in such unit for the purpose of bargain- ing collectiveh'.
2. Subsection 2 of section 4 of The Labour Relations Board]., \%\ s. 4, Act, 1944, as amended b\- section 2 of The Labour Relations 1^^^j{^q\^^ Board Amendment Act, 1946, is repealed and the following substituted therefor:
(2) The Board shall have power to make orders, — Powers of
^ Board.
(a) determining whether the appropriate unit of employees for the purpose of bargaining col- lectively shall be an employer unit, craft unit, plant unit or a subdivision thereof or some other unit;
{b) determining what trade union, if any, repre- sents a majority of employees in an appro- priate unit of employees;
(c) requiring an employer to bargain collectively;
{d) requiring any person to refrain from violations of this Act or from engaging in any unfair labour practice;
(e) requiring an employer to reinstate any em- ployee discharged contrary to the provisions of this Act and to pay such employee the monetary loss suflfered by reason of such discharge;
(/) requiring an employer to disestablish a com- pany dominated organization ; and
ig) rescinding or amending any order or decision of the Board.
109
19*4. 3. Subsection 7 of section 5 of The Labour Relations Board
•ut».'7.' * Acl, 1944, is amendeti by striking out all the words after the *"*"** word "prcKwIure" in the third line, so that the said subsection
shall now read as follows:
Prooadur*. (7) Subject to the approval of the Lieutenant-Governor
in Council, the Board may make f^ules or regulations governing its procedure.
e.*M'.«. 8 *• "Section 8 of The Labour Relations Board Act, 1944, as
'•■*^*'*** amended b>- section 4 of The Labour Relations Board Amend- ment Act, 1946, is repealed and the following substituted therefor:
rower to ordf vote.
Qaorum.
Unrnir labour practice of employer.
8. — (1 ) When the choice of a trade union as representative of the majority of emplo>ees for the purpose of bargaining collectiveK is in question, the Board, —
(a) may direct a vote to be taken by secret ballot of all employees eligible to vote to determine such question; and
{b) shall direct such a vote upon the application of any trade union which 25 per cent or more of the emplo\ees in any appropriate unit have, within six nonths preceding the application, indicated as their choice as representative for the purpose of bargaining collectively either b>- membership in such trade union or by written authority-.
(2) In any such vote a majority of the employees eligible to vote shall constitute a quorum and if a majority of those eligible to vote actually vote, the majority of those voting shall determine the trade union which represents the majority of employees for the purpose of bargaining collectivel>-.
8fl. — (1) It shall be an unfair labour practice for any employer or cmplo>er's agent, —
(a) to interfere with, restrain or coerce an>- em- ployee in the exercise of any right conferred by this Act;
{b) to discriminate or interfere with the formation or administration of any labour organization or contribute financial or other support to it; providefl than an employer shall not be pro- hibited from permitting the bargaining com- mittee or officers of a trade union representing
109
Section 4. A number of new sections are added to the Act to provide:
(1) that a vote must be taken on request of 25 per cent of the em- ployees, and that if a majority of the employees vote, the majority of those voting shall determine the collective bargaining agency- (New section 8.)
(2) a precise definition of "unfair labour practices". (New section 8a.)
(3) penalties for unfair labour practices. (New section Sb.) ■
(4) that the Lieutenant-Governor in Council may appoint a controller to operate the plant of any employer who wilfully disregards or disobeys an order of the Board. (New section 8c.)
(5) for conciliation machinery. (New sections 8d and Se.)
(6) for provision of arbitration machinery in any collective bargaining agreement. (New section 8/.)
(7) for the check-off of union dues upon request of the employee. (New section Sg.)
(8) that collective bargaining agreements shall remain in force for at least a year, with one month's notice of termination required thereafter. (See section &h.)
(9) for a modified union shop. (New section 8i.)
109
his employees in any unit to confer with him for the purpose of bargaining collectively or attending to the business of a trade union without deductions from wages for loss of time so occupied or from agreeing with any trade union for the use of notice boards and of the employer's premises for the purposes of such trade union ;
(c) to fail or refuse to bargain collectively with
representatives elected or appointed, not neces- sarily being the employees of the employer, by a trade union representing the majority of the employees in an appropriate unit;
(d) to refuse to permit any duly authorized repre- sentative of a trade union with which he has entered into a collective bargaining agreement to negotiate with him during working hours for the settlement of disputes and grievances of employees covered by the agreement, or to make any deductions from the wages of any such duly authorized representative of a trade union in respect of the time actually spent in negotiating for the settlement of such disputes and grievances;
(e) to discriminate in regard to hiring or tenure of
employment or any term or condition of em- ployment or to use coercion or intimidation of any kind with a view to encouraging or dis- couraging membership in or activity in or for a labour organization or participation of any kind in a proceeding under this Act; provided that nothing in this Act shall preclude any employer from making an agreement with a trade union to require as a condition of employment membership in or maintenance of membership in such trade union or the selec- tion of employees by or with the advice of a trade union or any other condition in regard to employment, if such trade union has been designated or selected by a majority of em- ployees in any such unit as their representa- tive for the purpose of bargaining collectively;
(/) to require as a condition of employment that any person shall abstain from joining or assist- ing or being active in any trade union or from exercising any right provided by this Act, except as permitted by this Act;
109
(g) to interfere in the selection of a trade union as a representative of employees for the purpose of bargaining collectively;
(A) to maintain a system of industrial espionage or to employ or direct any person to spy upon a member or proceedings of a labour organiza- tion or the offices thereof or the exercise by any employee of any right provided by this Act;
(») to threaten to shut down or move a plant or any part of a plant in the course of a labour dispute; or
(j) to declare or cause a lock-out or to make or threaten any change in wages, hours, condi- tions of employment, benefits or privileges while any application is pending before a board of conciliation appointed under the provisions of this Act.
labour (2) 't shall be an unfair labour practice for an>- employee
•mpioy^^ ^^ ^^y person acting on behalf of a labour organiza-
tion,—
(a) to use coercion or intimidation of any kind with a view to encouraging or discouraging membership in or activity in or for a labour organization; provided that nothing in this Act shall preclude a person acting on behalf of a trade union from attempting to persuade an employer to make an agreement with that trade union to require as a condition of em- ployment membership or maintenance of membership in such trade union or the selec- tion of employees by or with the advice of a trade union or any other condition in regard to employment, if such trade union has been designated or selected by a majority of em- ployees in any such unit as their representa- tive for the purpose of bargaining collec- tively; or
(b) to take part in or persuade or attempt to per- suade any employee to take part in a strike while an application is pending before the Board or any matter is pending before a board of conciliation appointed under the provisions of this Act.
109
Sb. — (1) Any person who takes part in, aids, abets, p®"^^*'®^- counsels or procures any unfair labour practice shall, in addition to any other penalty which he has incurred or had imposed upon him under the pro- visions of this Act, be guilty of an offence and liable on summary conviction for a first offence to a fine of not less than $25 and not more than $200, if an individual, or not less than $200 and not more than $5,000 if a corporation, and upon a second and subse- quent offence, to such fine and to imprisonment not exceeding one year, if an individual, or to a fine of not less than $500 and not more than $10,000 if a corporation.
(2) No prosecution shall be instituted under this section Consent of
• 1 1 r 1 T-. 1 Board.
Without the consent oi the Board.
8c. In addition to any other penalties imposed or remedies Appointment provided by this Act, the Lieutenant-Governor in Council, upon the application of the Board and upon being satisfied that any employer has wilfully dis- regarded or disobeyed any order filed b>' the Board, may appoint a controller to take possession of any business, plant or premises of such emplo\er within Ontario as a going concern and operate the same on behalf of His Majesty- until such time as the Lieu- tenant-Governor in Council is satisfied that upon the return of such business, plant or premises to the employer the order of the Board will be obeyed.
8c?. The Minister may establish a board of conciliation Board of
... , ^ ,. . conciliation.
to mvestigate, conciliate and report upon any dispute between an employer and a trade union, or, if no trade union has been determined under this Act as representing a majority of the employees concerned, between an employer and any of his employees affecting any terms or conditions of employment of any employees of such employer or affecting or relating to the relations between such employer and all or any of his employees or relating to the inter- pretation of any agreement or clause thereof between an employer and a trade union.
Se. The Minister may make such regulations as he thinks Minister fit in regard to the appointment of boards of con-{^|uiattons ciliation and the chairman thereof by the nomination ^°^ board. of the parties to the dispute or b\- himself, and for the sittings, procedure and remuneration of such boards and publication of the reports of such boards with a view to the rapid disposition of an\- dispute.
109
8
Union m»y •nUr Into MffTMnitnt.
Cbvek-ofr.
T«nn of acr««inent.
Termination
OfMTM-
m«nt.
Board may dMlgnata trad* union.
109
8/. Any trade union representing the majority of em- ployees in any unit of employees may enter into an agreement with an employer to refer a dispute or disputes or a class of disputes to the Board and the Board shall hear and determine any dispute referred to it by either party in pursuance of such agreement and the finding of the Board shall be final and con- clusive and shall in regard to all matters within the legislative jurisdiction of this Legislature be binding upon the parties and enforceable as an order of the Board made in accordance with the provisions of this Act.
Bg. Upon the request in writing of any employee, and upon request of a trade union representing the majority of employees in any bargaining unit of his employees, the employer shall deduct and pay in periodic payments out of the wages due to such employee, to the person designated by the trade union to receive the same, the union dues of such employee until such employee has withdrawn in writing such request, and the employer shall furnish to such trade union the names of the employees who have given or withdrawn such authority and failure to make pay- ments and furnish information required by this section shall be an unfair labour practice.
Sh. — (1) Except as hereinafter provided, every collective bargaining agreement, whether heretofore or here- after entered into, shall notwithstanding anything contained therein, remain in force for a period of one year from its effective date and thereafter from year to year.
(2) Either party to a collective bargaining agreement may, not less than thirty days nor more than sixty days before the expiry date of such agreement, give notice in writing to the other party to terminate such agreement or to negotiate a revision thereof, and thereupon, subject to subsection 3, the parties shall forthwith bargain collectively with a view to the renewal or revision of such agreement or the con- clusion of a new agreement.
(3) Any trade union claiming to represent a majority of employees in the appropriate unit of employees or any part thereof to which any collective bargaining agreement applies may, not less than thirty davs nor more than sixty days before the expiry date of such agreement, apply to the Board for an order deter- mining it to be the trade union representing a majority of employees in the appropriate unit of employees to which the agreement applies, or in
1
Section 5. Repeals certain sections of the Act dealing principally with exemptions from the Act; finality of the Board's orders; and the suspension of The Industrial Disputes Investigation Act.
Section 6. this Act.
The Labour Relations Board Act, 1947, is superseded by
109
any part thereof, and if the Board makes such order the employer shall forthwith bargain collectively with such trade union and the former agreement shall be of no force or effect in so far as it applies to any unit of employees in which such trade union has been determined as representing a majority of employees.
8i. — (1) Upon the request of a trade union representing a Modified majority of employees in any appropriate bargaining ""^°" shop, unit, the following clause shall be included in any collective bargaining agreement entered into between the trade union and the employer concerned, and, whether or not any collective bargaining agreement is for the time being in force, such clause shall be effective and its terms shall be carried out by the employer with respect to the employees on and after the date of the trade union's request until such time as the employer is no longer required by or pursuant to this Act to bargain collectively with such trade union :
"Every employee who is now or hereafter becomes a member of the union shall maintain his membership in the union as a condition of his employment, and every new emplo^^ee whose employment commences hereafter shall, within thirty days after the commencement of his em- ployment, apply for and maintain membership in the union as a condition of his emplo^^ment."
and the expression "the union" in the said clause shall mean the trade union making such request.
(2) Subject to any law or any regulation applicable Offence, thereto passed by authority of the Parliament of Canada, failure on the part of any employer to carry out the provisions of subsection 1 shall be an unfair labour practice.
5. Sections 10, 11, 12 and 13 of The Labour Relations 5oarrfi944^c^29.
Act, 1944, are repealed. 12. 13.
repealed.
6. The Labour Relations Board Act, 1947, is repealed. repealed ^**
7. This Act shall come into force on a day to be named by Commence- the Lieutenant-Governor by his Proclamation.
8. This Act may be cited as The Labour Relations Board Short title. Amendment Act, 1948.
109
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No. 110
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The'Fumes Control Act, 1948.
Mr, Carlin
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
The purpose of the Bill is to require every smelter which smelts or roasts nickel-copper or iron ore to adopt and carry out a plan which com- prises the best practicable means for controlling or preventing the discharge of noxious or offensive gas or fumes, or, where discharged, to render them harmless or inoffensive.
Application for apprroval of a plan is made to the Ontario Municipal Board, notice thereof being given to all interested government departments and municipalities.
110
No. 110 1948
BILL
- The Fumes Control Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :
1. In this Act, — interpreta-
tion,—
(a) "Board" shall mean Ontario Municipal Board; and"^'^^^'^'"'
(b) "smelter" shall mean an}- person, company or cor- "smelter", poration carrying on an\' undertaking which includes
the smelting or roasting of nickel-copper or iron ore.
2. Everv smelter,' within three months after the coming into P^^n to force of this Act, or within one month after commencing its fumes, undertaking, shall prepare and submit to the Board an ap- plication for approval of a plan to control or prevent the dis- charge from the furnaces, chimneys or smokestacks, operated
by the smelter of any noxious or offensive gas or fumes or to render such gas or fumes where discharged harmless or inof- fensive.
3. Ever\- such application shall include evidence that the Evidence of
best oIqh
plan submitted represents the best practicable means for the purpose in the circumstances.
4. The Board shall forward copies of ever}- such application Copies of at the earliest possible date, by registered mail to the Minister Government, of Mines, the Minister of Health, the Minister of Agriculture, pauTies. the Minister of Planning and Development, and to the clerk
of every municipality within a radius of thirty miles of the undertaking carried on by the smelter.
5. The Board shall fix a date for hearing the application, Hearing, not less than two months nor more than four months after
the receipt thereof, and reasonable notice of such hearing and of any adjournment thereof shall be given by the Board to every Minister and the clerk of every municipality mentioned in section 4, any of whom may appear by counsel or otherwise
110
and adduce evidence and make representations for or against the plan submitted or any alternative plan,
6. The Board shall determine whether the plan submitted or any modification or variation thereof represents the best practicable means for the purpose in the circumstances, and whether any other plan ought to be considered or adopted.
7. — (1) Not more than three months after hearing the ap- I)Iication the Board shall make an order either approving the application or a modification or variation thereof or an alterna- tive plan and requiring the smelter to institute and maintain such plan as may be approved by the Board.
omp ance. ^j) Xhe smelter shall, within three months from the date of the order institute and maintain a plan in conformity therewith.
Duty of Board.
Ord«r of Board.
Penalty.
Acta of .
offloari.
RCenta.
Racovery of panaltlaa.
Rav. Stat, o. 51 to •PPly.
Short title.
8. Every smelter which erects, operates, maintains or car- ries on any undertaking in violation of this Act or fails to comply with any order of the Board, shall for each offence, incur a penalty of $1,000, and each day's continuance of such violation or failure to comply shall constitute a new and distinct offence.
9. For the purpose of enforcing any penalty under any of the provisions of this Act, of enforcing any order of the Board made under this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by the smelter shall in every case be also deemed to be the act, omission or failure of the smelter as well as that of the officer, agent or other person,
10. The penalties imposed by this Act may be recovered by action in the name of His Majesty by the Attorney General for Ontario.
11. Nothing in this Act shall exclude the operation of anv of the provisions of The Damage by Fumes Arbitration Act.
12. This Act may be cited as The Fumes Control Act, 1948.
110
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00
No. Ill
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An'Act to amendiThe Fire Departments Act, 1947.
Mr. Black well
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes Section 1. Self-explanatory.
Section 2. This provision is new. It is self-explanatory.
Section 3. The subsection repealed reads:
(2) A provision of an agreement, decision or award involving the expenditure of money by the council of the municipality shall not be enforceable until the commencement of the next fiscal period in respect of which the council may include provisions for such expenditure in its estimates.
This matter wHI hereafter be found in section 9a of the Act. See section 4 of this Bill.
Sbction 4 — Section 9a. This provides for the commencement of agreements, etc.
Ill
No. Ill 1948
BILL
An Act to amend The Fire Departments Act, 1947.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 7 of The Fire Departments Act,c. 2,1,5.7, 1947, is amended by inserting after the word "requested" in|^|nded. the third line the words "in writing", so that the said sub- section shall now read as follows:
(1) Where in any municipality there is a permanent fire Bargaining, department, the council of the municipality shall, when requested in writing by a majority of the members of the fire department, bargain in good faith with a bargaining committee of the members for the purpose of defining, determining and providing for remuneration and working conditions.
2. Section 8 of The Fire Departments Act, 1947, is amended c. 37' s. 8, by adding thereto the following subsection: amended.
(Zd) Where upon an arbitration, a majority of the Decision
1 r 1 1 1 r ,• • f -1 of board of
members 01 the board 01 arbitration tail to agree arbitration, upon any matter, the decision of the chairman upon such matter shall be deemed to be the decision of the board of arbitration.
3. Subsection 2 of section 9 of The Fire Departments .4c/, ^^|^'g 9 1947, is repealed. subs.'2
' ^ repealed.
4. — (1) The Fire Departments Act, 1947, is amended byi947, c. 37. adding thereto the following sections: amen
9a. — (1) An agreement, decision or award shall have Agreement, effect upon the first day of the fiscal period in respect award, — of which the council of the municipality may include have^effect. provision in its estimates for any expenditures in- curred in the agreement, decision or award, whether such day is before or after the date of the agreement,
111
Idem.
Payment of expendi- tures.
Withholdinft of provincial grant.
decision or award, unless another day is named in the agreement, decision or award in lieu thereof.
(2) Where, pursuant to subsection 1, another day is named in an agreement, decision or award as the day upon which the agreement, decision or award shall have effect and such day is prior to the first day of the fiscal period in respect of which the council of the municipality may include provision in its estimates for any expenditures involved in the agreement, decision or award, any of the provisions involving expenses shall, notwithstanding the naming of such day, have effect from the first day of such fiscal period.
9b. — (1) Where a request in writing is made under sub- section 1 of section 7 to the council of a municipality after the 30th day of November in any year and before the 1st day of December in the year next following and no agreement, decision or award has resulted therefrom at the time when the council is passing its estimates in the year next following the last -mentioned year, the council shall make adequate provision for the payment of such expenditures as may be involved in the request.
(2) Where the council of a municipality fails to comply with the requirements of subsection 1, the Lieu- tenant-Governor in Council may, —
Requeet by union.
(a) upon being requested in writing by a majority of the members of the fire department; and
(b) upon determining the fact of such failure and so certifying in writing,
direct the withholding from the municipality of any grant at any time payable out of provincial funds to the municipality and the deposit of such a direction with the Treasurer of Ontario shall be his authority to withhold a grant accordingly.
(3) Where not less than fifty per centum of the members of the fire department belong to a trade union, any request made under subsection 2 shall be made by the union.
ReTooatlon of direction.
(4) Where a direction has been made under subsection 2, the Lieutenant-Governor in Council may, upon provision being made by the council of the munici- pality for the making of the expenditures involved, revoke such direction in whole or in part and subject
111
Section 9&.^This section is new. It is designed to expedite the com. mencement of agreements, etc.
Ill
to any terms or conditions which he may deem advisable.
(2) Section 9b of The Fire Departments Act, 1947, as enacted Application by this section, shall apply in the case of every request in writing made by the majority of the members of a fire depart- ment or by a trade union whether the request was made before or after the coming into force of this Act.
6. This Act shall come into force on the day upon which Commence-
, T-. 1 A J t^ ment of Act.
It receives the Royal Assent.
6. This Act may be cited as The Fire Departments Amend-^^^^^ *^*^®* ment Act, 1948.
Ill
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No. Ill
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Fire Departments Act, 1947.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. Ill 1948
BILL
An Act to amend The Fire Departments Act, 1947.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 7 of The Fire Departments Act, c. 37'. s. 7. 1947, is amended by inserting after the word "requested" in|^|nded. the third line the words "in writing", so that the said sub- section shall now read as follows:
(1) Where in any municipality there is a permanent fire Bargaining, department, the council of the municipality shall, when requested in writing by a majority of the members of the fire department, bargain in good faith with a bargaining committee of the members for the purpose of defining, determining and providing for remuneration and working conditions.
2. Section 8 of The Fire Departments Act, 1947, is amended \^Vj', s. 8. by adding thereto the following subsection: amended.
{3a) Where upon an arbitration, a majorit}' of the Decision members of the board of arbitration fail to agree arbitration. upon any matter, the decision of the chairman upon such matter shall be deemed to be the decision of the board of arbitration,
3. Subsection 2 of section 9 of The Fire Departments Act,'^'^^' ^ g 1947, is repealed. subs.'2
' repealed.
4. — (1) The Fire Departments Act, 1947, is amended byi947, c. 37, adding thereto the following sections: amen e
9a. — (1) An agreement, decision or award shall have Agreement, effect upon the first day of the fiscal period in respect award. — of which the council of the municipality may include Jave^ effect. provision in its estimates for any expenditures in- curred in the agreement, decision or award, whether such day is before or after the date of the agreement,
111
Idem.
decision or award, unless another da>' is named in the agreement, decision or award in lieu thereof.
(2) Where, pursuant to subsection 1, another day is named in an agreement, decision or award as the day upon which the agreement, decision or award shall have effect and such day is prior to the first day of the fiscal period in respect of which the council of the municipality may include provision in its estimates for any expenditures involved in the agreement, decision or award, any of the provisions involving expenses shall, notwithstanding the naming of such day, have effect from the first day of such fiscal period.
Payment of expendi- tures.
WithholdinR of provincial grant.
Request by union.
96. — (1) Where a request in writing is made under sub- section 1 of section 7 to the council of a municipality after the 30th day of November in any year and before the 1st day of December in the year next following and no agreement, decision or award has resultetl therefrom at the time when the council is passing its estimates in the year next following the last-mentioned year, the council shall make adequate provision for the payment of such expenditures as may be involved in the request.
(2) Where the council of a municipality fails to comply with the requirements of subsection 1, the Lieu- tenant-Governor in Council may, —
(a) upon being requested in writing by a majority' of the members of the fire department; and
(b) upon determining the fact of such failure and so certifying in writing,
direct the withholding from the municipality of any grant at any time payable out of provincial funds to the municipality and the deposit of such a direction with the Treasurer of Ontario shall be his authority to withhold a grant accordingly.
(3) Where not less than fifty per centum of the members of the fire department belong to a trade union, any request made under subsection 2 shall be made by the union.
Revocation of direction.
(4) Where a direction has been made under subsection 2, the Lieutenant-Governor in Council may, upon provision being made by the council of the munici- pality for the making of the expenditures involved, revoke such direction in whole or in part and subject
111
to any terms or conditions which he may deem advisable.
(2) Section 9b of The Fire Departments Act, 1947, as enacted Application by this section, shall apply in the case of every request in writing made by the majority of the members of a fire depart- ment or by a trade union whether the request was made before or after the coming into force of this Act.
5. This Act shall come into force on the day upon which Commence-
, _, , . J t^ ment of Act.
It receives the Koyal Assent.
6. This Act may be cited as The Fire Departments Amend- short title. ment Act, 1948.
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No. 112
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Police Act, 1946.
Mr. Blackwell
TORONTO
Printed and Published bv Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. This section is added to ensure that improvement districts are within the purview of the Act. No change in principle.
Section 2. The words deleted confuse the meaning of the provision* There is no change in principle.
Section 3. Self-explanatory.
112
No. 112 1948
BILL
An Act to amend The Police Act, 1946.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 1 of The Police Act, 1946, is amended by adding i946. ^ ^ thereto the following subsection: amended.*
(2) Every improvement district shall for the purposes of ^^fj^PPj'^|_ this Act be deemed to be a township municipality ^?J^***is- unless it is otherwise designated by the Ontario Municipal Board.
2. Section 17 of The Police Act, 1946, is amended by striking 1946. out the word "ensuing" and the word "and" in the fourth ame^iid^ed':'^' line, so that the said section shall now read as follows:
17. The board shall, on or before the 1st day of March in submission each year, prepare and submit to the council for its to council, consideration and approval, its estimates of all moneys required for the year to pay the remunera- tion of the members of the police force and to provide and pay for offices, arms, accoutrements, clothing and other things for the accommodation, use and maintenance of the force.
3. Subsection 1 of section 276 of The Police Act, 1946, asi946.
c 72 8 27b
enacted by section 10 of The Police Amendment Act, suhs.'i' 1947, is amended by inserting after the word "requested" inc. ri.'a. lO), the fourth line the words "in writing", so that the said sub- ^™®'^**®**- section shall now read as follows:
(1) Where one or more full-time members of a police Bargaining, force are appointed by any municipality or board, the council of the municipality or, where there is a board, the board shall, when requested in writing by a majority of the members of the police force, bargain in good faith with a bargaining committee of the members of the police force for the purpose
112
of defining, determining and providing for remunera- tion and working conditions, except such working conditions as may be governed by any regulations made pursuant to this Act.
c*72! «. 27c 4- Section 27c of The Police Act, 1946, as enacted by section ^^%^'}' in» 10 of The Police Amendment Act, 1947, is amended by adding amended. thereto the followmg subsection:
"^^board of ^^^^ Where upon an arbitration, a majority of the mem-
•rbitrstion. bers of the board of arbitration fail to agree upon
any matter, the decision of the chairman upon such
matter shall be deemed to be the decision of the board
of arbitration.
0*72*8. 27#. *• Subsection 2 of section lie of The Police Act, 1946, as
•"b«/2 enacted by section 10 of The Police Amendment Act, 1947,
o. 77.'«. 10). is repealed, repealed. ^
1946, 0. 72. 6. — (1) The Police Act, 1946, is amended by adding thereto
amended. , , ,, .
the following sections:
a«reement. ^V- — (1) ^n agreement, decision or award shall have
decision effect upon the first day of the fiscal period in respect
of which the council of the municipality may include provision in its estimates for any exp)enditures incurred in the agreement, decision or award, whether such day is before or after the date of the agreement, decision or award, unless another day is named in the agreement, decision or award in lieu thereof.
Idem, (2) Where, pursuant to subsection 1, another day is
named in an agreement, decision or award as the day upon which the agreement, decision or award shall have effect and such day is prior to the first day of the fiscal period in respect of which the council of the municipality may include provision in its estimates for any expenditures involved in the agreement, decision or award, any of the provisions involving expenses shall, notwithstanding the nam- ing of such day, have effect from the first day of such fiscal period.
Provision
duu"*^"" 27g.— (1) Where a request in writing is made under
in'req^t. subsection 1 of section 7 to the council of a muni-
cipality after the 30th day of November in any year and before the 1st day of December in the year next following and no agreement, decision or award has resulted therefrom at the time when the council is passing its estimates in the year next following the last-mentioned year, the council shall make ade-
112
Section 4. This provision is new. It is self-explanatory.
Section 5. The subsection repealed reads as follows:
(2) A provision of an agreement, decision or award involving the expenditure of money by the council of the municipality shall not be enforceable until the commencement of the next fiscal period in respect of which the council may include provisions for such expenditure in its estimates.
This matter will hereafter be found in section 27/ of the Act. See section 6 of this Bill.
Section 6 — Section 27/. This provides for the commencement of agreements, etc.
Section 27g. This section is new. ' It is'^designed to expedite the commencement of agreements, etc.
112
Sections 7, 8 and 9. Under the present Act, municipalities must pay the cost of special police services rendered by the Provincial Police and also the costs of investigations into police matters. These amendments will enable municipalities to be relieved from payment of such costs.
112
quate provision for the payment of such expenditures as may be involved in the request.
(2) Where the council of a municipality fails to comply Non-
with the requirements of subsection 1, the Lieu- wi^^subs.^i. tenant-Governor in Council may, —
(a) upon being requested in writing by a majority of the members of the police force; and
(b) upon determining the fact of such failure and
so certifying in writing,
direct the withholding from the municipality of any grant at any time payable out of provincial funds to the municipality and the deposit of such a direction with the Treasurer of Ontario shall be his authority to withhold a grant accordingly.
(3) Where not less than fifty per centum of the members where
r, ... j,'^ .. members
ot the police torce belong to an association, any belong to request made under subsection 2 shall be made by the association.
(4) Where a direction has been made under subsection 2, ^®JP^^*'.°"
^ ' . , , ' 01 direction.
the Lieutenant-Governor in Council may, upon provision being made by the council of the munici- pality for the making of the expenditures involved, revoke such direction in whole or in part and subject to any terms or conditions which he may deem advisable.
(2) Section 27? of The Police Act, 1946, as enacted by this Application
,,,,., f . -^. . of s. 21 g.
section, shall apply in the case of every request in writing made by the majority of the members of a police force or by an association whether the request was made before or after the coming into force of this Act.
7. Subsection 1 of section 33 of The Police Act, 1946, as re- 1946.
.0. 72 s. 33
enacted by section 11 of The Police Amendment Act, 1947, is subs.' i' amended by inserting after the word "and" in the seventh lincc. 77. 's. ii), the words "unless the Attorney General otherwise directs", go ^™®'^'^®'^" that the said subsection shall now read as follows:
(1) The Crown attorney may request the services of a Expenses of member of the Ontario Provincial Police Force in Provincial any area for the policing of which a municipality or Force, — board is responsible and the expenses of any member abie'by^^" of such Force furnished in compliance with the '"""'^'p^''*^-
request shall be certified by the Crown attorney or the Commissioner and, unless the Attorney General
112
otherwise directs, the amount so certified shall be paid by the municipality to the Treasurer of Ontario and may be deducted from any grant payable out of provincial funds to the municipality or recovered with costs by action in any court of competent jurisdiction as a debt due to His Majesty.
1946. 8. Subsection 2 of section 33a of The Police Act, J 946, as
iiub«.'2' ' enacted by section 12 of The Police Amendment Act, 1947, o!??. V 12). is amended by inserting after the word "and" in the fourth amended. jj^^ ^^^ words "unless the Attorney General otherwise directs", so that the said subsection shall now read as follows:
BxpenMa,— (2) Where such assistance is provided in an area for the
policing of which the board or municipality is responsible, the expense incurred shall be certified by the Commission and, unless the Attorney General otherwise directs, the amount certified shall be paid by the municipality to the Treasurer of Ontario and may be deducted from any grant payable out of provincial funds to the municipality or recovered with costs by action in any court of competent jurisdiction as a debt due to His Majesty.
cfrl". e. 36, ®- Glause a of subsection 1 of section 36 of The Police Act,
amended.'' "' ^^^6, is amended by inserting after the word "municipality"
in the second line the words "unless the Attorney General
otherwise directs", so that the said clause shall now read as
follows:
(a) at the request of the council of any municipality, in which case the municipality, unless the Attorney- General otherwise directs, shall pay the cost of such investigation; or
of?*'. 8. 48. *^- Clause g of subsection 1 of section 43 of The Police Si'.'^.Ah ^^^' ^^'^^' '^ repealed and the following substituted therefor: enacted.
(g) prescribing courses of training for constables, chief constables and other members of police forces.
S«nt"TAct. . ^^' J^'s Act shall come into force on the day upon which it receives the Royal Assent.
Short title. 12. This Act may be cited as The Police Amendment Act, 1948.
112
Section 10. The clause is re-enacted so that it may be made appli- cable to all members of police forces. The reference to high constables is deleted as there is no longer provision for the appointment of high con- stables.
112
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No. 112
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Police Act, 1946.
Mr. Black well
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 112 1948
BILL
An Act to amend The Police Act, 1946.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 1 of The Police Act, 1946, is amended by adding i946. ^ ^ thereto the following subsection: amended.
(2) Every improvement district shall for the purposes of ^^ij^^^ovl. this Act be deemed to be a township municipality ^fjj.**^^^" unless it is otherwise designated by the Ontario Municipal Board.
2. Section 17 of The Police Act, 1946, is amended by striking i946, out the word "ensuing" and the word "and" in the fourth amended, line, so that the said section shall now read as follows:
17. The board shall, on or before the 1st day of March in ^y^fV/i^^^L
■^ 01 ©S 1 1 ill 3, LC3
each year, prepare and submit to the council for its to council, consideration and approval, its estimates of all moneys required for the year to pay the remunera- tion of the members of the police force and to provide and pay for offices, arms, accoutrements, clothing and other things for the accommodation, use and maintenance of the force.
3. Subsection 1 of section 276 of The Police Act, 1946, asi946. ^ ^^^ enacted by section 10 of The Police Amendment Act,s\ihs'. i
. . . (1947
1947, is amended by inserting after the word "requested" in c. 77,'s. lO). the fourth line the words "in writing", so that the said sub- ''"'®"'^®'*- section shall now read as follows:
(1) Where one or more full-time members of a police Bargaining, force are appointed by any municipality or board, the council of the municipality or, where there is a board, the board shall, when requested in writing by a majority of the members of the police force, bargain in good faith with a bargaining committee of the members of the police force for the purpose
112
of (lehning, determininp: and providing for remunera- tion and working conditions, except such working conditions as may be governed by any regulations made pursuant to this Act.
l?72\ >. 27c *• Section 27c of The Police Act, 1946, as enacted by section <^%'^'. in» 10 of The Police Amendment Act, 1947, is amended by adding
O. 77. ■. lU;, ,
amended. thereto the followmg subsection:
^f*Sard of ^^^^ Where upon an arbitration, a majority of the mem-
Brbitration. beis of the board of arbitration fail to agree upon
any matter, the decision of the chairman upon such
matter shall be deemed to be the decision of the board
of arbitration.
i.®?!: ... 27.. *• Subsection 2 of section 27e of The Police Act, 1946, as «ub»^2" * enacted by section 10 of The Police Amendment Act, 1947,
0. 77.'b. 10). is repealed.
repealed. "^
1946. c. 72. 6. — (1) The Police Act, 1946, is amended bv adding thereto amended. , , „ .
the following sections:
Effect^of^^ 27/. — (1) An agreement, decision or award shall have
decision " effect upon the first day of the fiscal period in respect
of which the council of the municipality ma\- include provision in its estimates for any expenditures incurred in the agreement, decision or award, whether such day is before or after the date of the agreement, decision or award, unless another day is named in the agreement, decision or award in lieu thereof.
Idem. (2) Where, pursuant to subsection 1, another day is
named in an agreement, decision or award as the day upon which the agreement, decision or award shall have effect and such day is prior to the first da\' of the fiscal period in respect of which the council of the municipality may include provision in its estimates for any expenditures involved in the agreement, decision or award, any of the provisions involving expenses shall, notwithstanding the nam- ing of such day, have effect from the first day of such fiscal period.
Provlnlon
ditur©'**"" ^^^ — ^^^ Where a request in writing is made under
Involved subsection 1 of section 276 to the council of a muni-
In request. • !• t , ^^ , , <• -..t
cipahty after the 30th day of November in any
year and before the 1st day of December in the year next following and no agreement, decision or award has resulted therefrom at the time when the council is passing its estimates in the year next following the last -mentioned year, the council shall make ade-
112
quate provision for the payment of such expenditures as may be involved in the request.
(2) Where the council of a municipality fails to comply Non-
with the requirements of subsection 1, the Lieu- C^^i^'^subs.^i. tenant-Governor in Council may, —
(a) upon being requested in writing by a majority of the members of the police force; and
(b) upon determining the fact of such failure and
so certifying in writing,
direct the withholding from the municipality of any grant at any time payable out of provincial funds to the municipality and the deposit of such a direction with the Treasurer of Ontario shall be his authority to withhold a grant accordingly.
(3) Where not less than fift\' per centum of the members Where of the police "force belong to an association, any belong to request made under subsection 2 shall be made by
the association.
(4) Where a direction has been made under subsection 2, ^®JP^^t-*^'"
^ ' _ , , '01 direction.
the Lieutenant-Governor in Council may, upon provision being made by the council of the munici- pality for the making of the expenditures involved, revoke such direction in whole or in part and subject to any terms or conditions which he may deem advisable.
(2) Section 27? of The Police Act, 1946, as enacted bv this Application
. ,,,.-, r . ■ . . of S. 27g.
section, shall apply m the case oi every request m wntmg made by the majority of the members of a police force or by an association whether the request was made before or after the coming into force of this Act.
7. Subsection 1 of section 33) of The Police Act, 1946, as re- 1946.
. c. 72 s. 33
enacted by section 11 of The Police Amendment Act, 1947, issiibs.'i' amended by inserting after the word "and" in the seventh lincc. 77, 's. id, the words "unless the Attorney General otherwise directs", go amended, that the said subsection shall now read as follow^s:
(1) The Crown attorney may request the services of a Expenses of member of the Ontario Provincial Police Force in Provincial any area for the policing of which a municipality or Forc^e, — board is responsible and the expenses of any member abil'by^^' of such Force furnished in compliance with the "^""'^'P''*''*^- request shall be certified by the Crown attorney or the Commissioner and, unless the Attorney General
112
otherwise directs, the amount so certified shall be paid by the municipality to the Treasurer of Ontario and may be deducted from any grant payable out of provincial funds to the municipality or recovered with costs by action in any court of competent jurisdiction as a debt due to His Majesty.
0*72' « 83« ®" Subsection 2 of section 33a of The Police Act, 1946, as MitM-'a' ' enacted by section 12 of The Police Amendment Act, 1947, o. 77.V 12). is amended by inserting after the word "and" in the fourth •iMnded. j.^^ ^^^ words "unless the Attorney General otherwise directs", so that the said subsection shall now read as follows:
£w*^ya'biie. (2) Where such assistance is provided in an area for the policing of which the board or municipality is responsible, the expense incurred shall be certified by the Commissioner and, unless the Attorney General otherwise directs, the amount certified shall be paid by the municipality to the Treasurer of Ontario and may be deducted from any grant payable out of provincial funds to the municipality or recovered with costs by action in any court of competent jurisdiction as a debt due to His Majesty.
o. 12. n. 86. ®- Glause a of subsection 1 of section 36 of The Police Act,
SSsndi*?.'* "' ^^^^^ 's amended by inserting after the word "municipality"
in the second line the words "unless the Attorney General
otherwise directs", so that the said clause shall now read as
follows:
(a) at the request of the council of any municipality, in which case the municipality, unless the Attorney General otherwise directs, shall pay the cost of such investigation ; or
cf72:».43. *®- ^^'ause g of subsection 1 of section 43 of The Police lu^Hik. ' ^^^' ^^"^^^ '^ repealed and the following substituted therefor: eaaoUd.
(g) prescribing courses of training for constables, chief constables and other members of police forces.
SMtTAct. . **• ''^'"s Act shall come into force on the day upon which it receives the Royal Assent.
Short title. 12. This Act may be cited as The Police Amendment Act, 1948.
112
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No. 113
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Athletics Control Act, 1947.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. The name of the Fund established under The Athletics Control Act, 1947, is changed from the Physical Fitness and Recreation Fund to Athletics and Physical Education Fund to bring the Act into line with changes in the regulations under The Department oj Education Act wherein the expression "physical fitness" is no longer used (see Bill No. 83).
Section 2 — Subsection 1. This amendment authorizes the Minister to accept such amount as he sees fit in lieu of the percentage tax payable under subsection 1 of section 4 of the Act, where the entire proceeds of a professional contest or exhibition are for charitable purposes.
Subsection 2. This amendment authorizes the Minister to refund part of the tax heretofore paid if he is satisfied that the contest or exhibition was conducted for charitable purposes.
Section 3. This amendment is complementary to section 1 of the Bill.
113
No. 113 1948
BILL
An Act to amend The Athletics Control Act, 1947.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause h of section 1 of The Athletics Control Act, 1947, 1947. is amended by striking out the words "Physical Fitness andci.1>'. ^' ^* Recreation Fund" in the first and second lines and inserting ^'^®"*^®^- in lieu thereof the words "Athletics and Physical Educa- tion Fund", so that the said clause shall now read as follows:
{b) "Fund" shall mean the "Athletics and Physical "Fund"; Education Fund" established under this Act.
2. — (1) Section 4 of The Athletics Control Act, 1947, is 1947, amended by adding thereto the following subsection: amended.
{2a) If the Minister is satisfied that the entire proceeds Reduction of any professional contest or exhibition are for ^^ **^' charitable purposes, he may accept such amount as in the circumstances he deems proper in lieu of the percentage of the gross receipts payable under subsection 1.
(2) The Minister may refund such part as in the circum- Refund of stances he deems proper of any amount heretofore paid under fore paid. " subsection 1 of section 4 of The Athletics Control Act, 1947, if he is satisfied that the professional contest or exhibition, in respect of which the amount was paid, was conducted for charitable purposes.
3. Section 8 of The Athletics Control Act, 1947, is repealed 1947. and the following substituted therefor: re-enacted.
8. There shall be a fund to be known as the "Athletics Athletics . and Physical Education Fund" and there shall be Eduoati^n^^ kept on the books of the Minister an account to be^"""*' known as the "Athletics and Physical Education Fund Account."
113
2
1947. o. 4, 8. 10, ■ubc. 1. •mended.
4^ — (I) Subsection 1 of section 10 of The Athletics Control Act, 1947, is amended by striking out the words "the preced- ing" in the second and third lines and inserting in lieu thereof the word "such", so that the said subsection shall now read as follows:
Relmbune- ment of Coneolldated Revenue Fund.
(1) At the end of each fiscal year, the Minister shall fix the amount of all expenditures incurred during such fiscal year for the administration of this Act and shall pay such amount out of the Fund into the Consoli- dated Revenue Fund.
1947. c. 4. ». 10. •Ub6. 2. re-enacted .
(2) Subsection 2 of the said section 10 is repealed and the following substituted therefor:
Expenditures for athletics and physical •duoation.
Rev. Stat., c. 356.
1947. C.4. n. 14. subs. 2, amended.
(2) From time to time, the Minister, upon the recom- mendation of the Minister of Education, may expend the balance of the Fund or any part thereof for the purposes of any programme of athletics or physical education, including recreation for crippled persons under 19 years of age, under regulations made pursuant to subsection 2 of section 4 of The Depart- ment of Education Act.
5. Subsection 2 of section 14 of The Athletics Control Act, 1947, is amended by adding at the end thereof the words "and such part thereof as consists of money and securities shall be credited to and form part of the Fund", so that the said sub- section shall now read as follows:
p^rt*y of (2) All personal property of the Ontario Athletic Com-
Athfe'ti'o mission apf)pinted under The Athletic Commission
Commission. Act, 1939, shall be the property of His Majesty in
right of Ontario represented by the Minister, and
such part thereof as consists of money and securities
shall be credited to and form part of the Fund.
Se^ToTAc't. ^\ ^^^^ A^t s^^'^ come into force on the day upon which it receives the Royal Assent.
Short title. >j Thjs ^^^ j^^y ^^ ^j^gj ^g j,^^ Athletics Control Amend- ment Act, 1948.
113
Section 4 — Subsection 1. This amendment is for clarification only.
Subsection 2. This amendment is complementary to section 1 of the Bill, and in addition makes it clear that the Fund may be utilized for recreation for crippled persons under 19 years of age.
Section 5. The possession of the money and securities assets of the Ontario Athletic Commission appointed under The Athletic Commission Act, 1939, is clarified.
113
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No. 113
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amendiThe Athletics Control Act, 1947.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 113 1948
BILL
An Act to amend The Athletics Control Act, 1947.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause b of section 1 of The Athletics Control Act, 1947, 1947, is amended by striking out the words "Physical Fitness andci. 6, ^' ' Recreation Fund" in the first and second lines and inserting ^"^®'^^®'^" in lieu thereof the words "Athletics and Physical Educa- tion Fund", so that the said clause shall now read as follows:
(b) "Fund" shall mean the "Athletics and Physical "Fund"; Education Fund" established under this Act.
2.-^(1) Section 4 of The Athletics Control Act, 1947, is 1947. amended by adding thereto the following subsection: amended.
(2a) If the Minister is satisfied that the entire proceeds Reduction of any professional contest or exhibition are for°^*^^' charitable purposes, he may accept such amount as in the circumstances he deems proper in lieu of the percentage of the gross receipts payable under subsection 1.
(2) The Minister may refund such part as in the circum- Refund of stances he deems proper of any amount heretofore paid under fo?e pafd.*'' subsection 1 of section 4 of The Athletics Control Act, 1947 , if he is satisfied that the professional contest or exhibition, in respect of which the amount was paid, was conducted for charitable purposes.
3. Section 8 of The Athletics Control Act, 1947, is repealed 1947, and the following substituted therefor: re-enacted.
8. There shall be a fund to be known as the "Athletics Athletics and Physical Education Fund" and there shall be Educati^n"^' kept on the books of the Minister an account to be^""'^' known as the "Athletics and Physical Education Fund Account."
113
1947.
c. 4. a. 10.
•ub«. 1.
amended.
4. — (1) Subsection 1 of section 10 of The Athletics Control Act, 1947, is amended by striking out the words "the preced- ing" in the second and third lines and inserting in lieu thereof the word "such", so that the said subsection shall now read as follows:
Relmburae- inent of ConHolldated Revenue Fund.
(I) At the end of each fiscal year, the Minister shall fix the amount of all expenditures incurred during such fiscal year for the administration of this Act and shall pay such amount out of the Fund into the Consoli- dated Revenue Fund.
1047. c. 4. 8. 10, ■ub«. 2. re-enacted.
(2) vSubsection 2 of the said section 10 is repealed and the following substituted therefor:
Ezpenditurea for athletics and physical education.
Rev. Stat., c. 3&6.
(2) From time to time, the Minister, upon the recom- mendation of the Minister of Education, may expend the balance of the Fund or any part thereof for the purposes of any programme of athletics or physical education, including recreation for crippled persons under 19 years of age, under regulations made pursuant to subsection 2 of section 4 of The Depart- ment of Education A ct.
*. M.'siibs. 2. 5. Subsection 2 of section 14 of The Athletics Control Act, amended. yp^;^ jg amended by adding at the end thereof the words "and such part thereof as consists of money and securities shall be credited to and form part of the Fund", so that the said sub- section shall now read as follows:
p*o"e?ty of (2) All personal property of the Ontario Athletic Com-
Mhfeu" mission appointed under The Athletic Commission
Commission. Act, 1939, shall be the property of His Majesty in
right of Ontario represented by the Minister, and
such part thereof as consists of money and securities
shall be credited to and form part of the Fund.
mentTAc't. ^. "^^'^ ^^^ shall come into force on the day upon which it receives the Royal Assent.
Short title. 7^ This Act may be cited as The Athletics Control Amend- ment Act, 1948.
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No. 114
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act respecting the Research Council of Ontario.
Mr. Michener
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
Explanatory Note.
In August, 1945, the Ontario Research Commission was appointed under The Public Inquiries Act to inquire into and report upon all matters concerned with scientific and industrial research as they affect the Province of Ontario.
In December, 1946, the Commission submitted a progress report (Sessional Paper No. 47, 1947).
The final report of the Commission was made in January of this year (Sessional Paper No. 42, 1948).
This Bill provides for the carrying out of the recommendation of the Commission by the establishment of the Research Council of Ontario.
Provision is made in the Bill for financing the work of the Council.
114
No. 114 1948
BILL
An Act respecting'the Research Council of Ontario.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act,- JatfoT-
(a) "Council" means Research Council of Ontario; "Council"
(b) "Minister" means the member of the Executive "Minister*
Council to whom the administration of this Act is assigned by the Lieutenant-Governor in Council.
2. There shall be a body corporate to be known as the Council, — Research Council of Ontario composed of not more than twelve ment; members appointed by the Lieutenant-Governor in Council,
and having for its object the betterment of industrial, agricul- tural and other research and scientific activity in Ontario as a means to the utilization of the resources of the Province.
3. Each member of the Council shall be appointed for a^j?j^^®/^~ term of three years from the date of his appointment, except ^Jjoi"^*- that of the first appointments not more than four members
may be appointed for four years and not more than four members for five years, so as to establish a system of retire- ment in rotation, and a member shall be eligible for re- appointment for one additional term of three years.
4. Upon a vacancy occurring in the membership of the vacancies. Council the Lieutenant-Governor in Council may appoint a person to fill the vacancy and such appointment shall be for
the remainder of the term for which his predecessor was appointed.
5. — (1) The Lieutenant-Governor in Council may name ^^^sident. one of the members to be president of the Council for a period not exceeding the term of his appointment as a member.
114
Vic«- prMident.
Vacancy In office or president.
Executive oommittee.
(2) There shall be a vice-president elected annually by the Council from among its members.
(3) When the office of president is vacant, or in the absence of the president, the vice-president shall act as president.
(4) There shall be an executive committee consisting of the president and vice-president ex officio and three members electe<l annually by the Council from among its members, which shall have, when the Council is not in session, such powers of the Council as the Council delegates to the execu- tive committee.
Remunera- Q No member of the Council or of any committee thereof
won and .... .
•zpenees. shall receive any remuneration for his services, but each mem- ber shall be paid his proper travelling and other expenses incurred in the work of the Council or the committee thereof.
Quorum.
7. At any meeting of the Council five members shall consti- tute a quorum.
Majority. 8. A majority vote of the members present at any meeting
of the Council shall determine any question.
Power of Council.
Rev. Stat. 0. 19.
0. The council shall have power, —
(a) to take over and continue as the Council may deter- mine, the activities, staff and advisory committees of the Ontario Research Commission, a commission appointed under The Public Inquiries Act;
(b) to inquire into industrial, agricultural and other research and scientific activity in, or affecting the material development of, Ontario;
(c) to organize and maintain advisory or other committees
in the several fields of industrial, agricultural and other research and scientific activity, and such other committees as the Council deems advisable;
(d) to advise the Lieutenant-Governor in Council with respect to such industrial, agricultural and other research and scientific activity and, without limiting the generality of the foregoing, with respect to research workers and scientists, facilities for research and scientific investigation, research organizations and agencies, research projects and programmes whether fundamental or applied, the integration and co-ordination of industrial, agricultural and other research and scientific activity, co-operation as between public and private, provincial and extra-
114
provincial agencies, and the use of public funds in the encouragement and carrying out of such research and activity;
(e) to arrange for others to carry out such specific or general research programmes as may be authorized by the Lieutenant-Governor in Council, and to supervise the same;
(/) to publish and disseminate scientific and technical information ;
(g) to establish and administer scholarships to assist in the training of research and scientific workers:
(h) to receive property, real or personal, or funds given to the Council for specific or general research pur- poses and to administer the same;
(i) subject to the approval of the Lieutenant-Governor in Council, to apply for or acquire patents of inven- tion or interests therein, and to dispose thereof;
(j) to make by-laws for the conduct of its business and for the control and direction of its work;
(k) to do all such other things connected with industrial, agricultural and other research and scientific activity as may from time to time be authorized or directed by the Lieutenant-Governor in Council.
10. There shall be paid out of the Consolidated Revenue Finances. Fund such sums as the Lieutenant-Governor in Council may authorize, for the following purposes:
(a) the administrative expenses of the Council;
(b) the establishment and awarding of scholarships to assist in the training of research and scientific workers; and
(c) contributions to the cost of such group industrial,
agricultural and other research projects and activities as are recommended by the Council and are under- taken by industrial, agricultural or other organiza- tions or groups on a basis on which the contribution from the Consolidated Revenue Fund does not exceed fifty per centum of the cost of the project or activity.
11. — (1) The Council shall submit to the Minister on or Annual
report ;
114
before the 30th day of April in each year an annual report containing a financial statement, a description of the work of the Council for the previous fiscal year and such other informa- tion as the Minister may request.
(2) The Minister shall lay such report before the Assembly [o be laid if it is then in session, or if it is not, at the next ensuing session. Assembly.
12. — (1) The accounts of the Council shall be audited by Audit. the Provincial Auditor or by such other auditor as the Lieu- tenant-Governor in Council may appoint, and the Auditor shall make an annual report in respect of the preceding fiscal year to the Minister.
(2) The Minister shall lay such report before the Assembly Auditor's if it is then in session, or if it is not, at the next ensuing session, flid^'before*
Assembly.
13. This Act shall come into force on the 1st day of April, Commence-
jgjo * 'mentofAct.
14. This Act may be cited as The Research Council .<4c/, short title. 1948.
114
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No. 114
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act respecting the Research Council of Ontario.
Mr. Michener
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 114 1948
BILL
An Act respecting the Research Council of Ontario.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act,- J°tS!l-
(a) "Council" means Research Council of Ontario; "Council";
(b) "Minister" means the member of the Executive "Minister"
Council to whom the administration of this Act is assigned by the Lieutenant-Governor in Council.
2. There shall be a body corporate to be known as the *^ ♦"uv^"" Research Council of Ontario composed of not more than twelve ment; members appointed by the Lieutenant-Governor in Council,
and having for its object the betterment of industrial, agricul- tural and other research and scientific activity in Ontario as a means to the utilization of the resources of the Province.
3. Each member of the Council shall be appointed for a^rm^o®/^" term of three years from the date of his appointment, except ^^Poi^^*- that of the first appointments not more than four members
may be appointed for four years and not more than four members for five years, so as to establish a system of retire- ment in rotation, and a member shall be eligible for re- appointment for one additional term of three years.
4. Upon a vacancy occurring in the membership of the vacancies. Council the Lieutenant-Governor in Council may appoint a person to fill the vacancy and such appointment shall be for
the remainder of the term for which his predecessor was appointed.
3. — (1) The Lieutenant-Governor in Council may name^^^^^^®'^*- one of the members to be president of the Council for a period not exceeding the term of his appointment as a member.
114
VIM-
prealdent.
Vaoano/ In offlce of prestdent.
Executive committee.
(2) There shall be a vice-president elected annually by the Council from among its members.
(3) When the office of president is vacant, or in the absence of the president, the vice-president shall act as president. ^
(4) There shall be an executive committee consisting of the president and vice-president ex officio and three members elected annually by the Council from among its members, which shall have, when the Council is not in session, such powers of the Council as the Council delegates to the execu- tive committee.
Remunera- g. No member of the Council or of any committee thereof expensee. shall receive any remuneration for his services, but each mem- ber shall be paid his proper travelling and other expenses incurred in the work of the Council or the committee thereof.
Quorum.
Majority.
7. At any meeting of the Council five members shall consti- tute a quorum.
8. A majority vote of the members present at any meeting of the Council shall determine any question.
Power of Council.
Rev. Stat, c. 19.
O. The council shall have power, —
(a) to take over and continue as the Council may deter- mine, the activities, staff and advisory committees of the Ontario Research Commission, a commission appointed under The Public Inquiries Act;
(6) to inquire into industrial, agricultural and other research and scientific activity in, or affecting the material development of, Ontario;
(f ) to organize and maintain advisory or other committees in the several fields oT industrial, agricultural and other research and scientific activity-, and such other committees as the Council deems advisable;
H)
to advise the Lieutenant-Governor in Council with respect to such industrial, agricultural and other research and scientific activity and, without limiting the generality of the foregoing, with respect to research workers and scientists, facilities for research and scientific investigation, research organizations and agencies, research projects and programmes whether fundamental or applied, the integration and co-ordination of industrial, agricultural and other research and scientific activity, co-operation as between public and private, provincial and extra-
114
provincial agencies, and the use of public funds in the encouragement and carrying out of such research and activity;
(e) to arrange for others to carry out such specific or general research programmes as may be authorized by the Lieutenant-Governor in Council, and to supervise the same;
(/) to publish and disseminate scientific and technical information ;
(g) to establish and administer scholarships to assist in the training of research and scientific workers;
(h) to receive property, real or personal, or funds given to the Council for specific or general research pur- poses and to administer the same;
(i) subject to the approval of the Lieutenant-Governor in Council, to apply for or acquire patents of inven- tion or interests therein, and to dispose thereof;
(j) to make by-laws for the conduct of its business and for the control and direction of its work;
(k) to do all such other things connected with industrial, agricultural and other research and scientific activity as may from time to time be authorized or directed by the Lieutenant-Governor in Council.
10. There shall be paid out of the Consolidated Revenue Finanoee. Fund such sums as the Lieutenant-Governor in Council may authorize, for the following purposes:
(a) the administrative expenses of the Council;
(b) the establishment and awarding of scholarships to assist in the training of research and scientific workers; and
(c) contributions to the cost of such group industrial,
agricultural and other research projects and activities as are recommended by the Council and are under- taken by industrial, agricultural or other organiza- tions or groups on a basis on which the contribution from the Consolidated Revenue Fund does not exceed fifty per centum of the cost of the project or activity.
11. — (1) The Council shall submit to the Minister on or Annual
^ ^ report ;
114
l>efore the 30th day of April in each year an annual report containing a financial statement, a description of the work of the Council for the previous fiscal year and such other informa- tion as the Minister may request.
(2) The Minister shall lay such report before the Assembly to be laid if it is then in session, or if it is not, at the next ensuing session. Assembly.
12. — (1) The accounts of the Council shall be audited by Audit, the Provincial Auditor or by such other auditor as the Lieu- tenant-Governor in Council may appoint, and the Auditor shall make an annual report in respect of the preceding fiscal year to the Minister.
(2) The Minister shall lay such report before the Assembly Auditor's if it is then in session, or if it is not, at the next ensuing session. [aui°before*
Assembly.
13. This Act shall come into force on the 1st day of Aoril. Commence- *QAo 'mentofAot.
14. This Act may be cited as The Research Council Act, short title. 1948.
114
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No. 115
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Natural Gas Conservation Act,
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
With the gradual depletion of natural gas fields and pools distributing companies now find it necessary to make arrangements to import gas and store it in depleted or partially depleted gas pools and fields. Before a company can undertake the storage of gas suitable gas areas must be under its control. However, within suitable storage areas there may be small producing wells owned and operated by other persons or leases held by other persons, either of which could result in the withdrawal of gas which has been placed in storage. In order to overcome these obstacles and make additional supplies of gas available to consumers during the heating season the Minister may designate storage areas and control the drilling and operation of gas wells therein.
115
No. 115 1948
BILL
An Act to amend The Natural Gas Conservation
Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 4 of The Natural Gas Conservation Act is amended ^®y- stat.,
C. 49 8 4
by adding thereto the following clause: amended.'
{Jj) the designation of any area as a gas storage area and the prohibition therein of the drilling or operating of natural gas wells without his written consent.
2. This Act may be cited as The Natural Gas Conservation short title. Amendment Act, 1948.
115
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No. 115
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Natural Gas Conservation Act.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 115 1948
BILL
An Act to amend The Natural Gas Conservation
Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 4 of The Natural Gas Conservation Act is amended ^^49,^*^4." by adding thereto the following clause: amended.
{fj) the designation of any area as a gas storage area and the prohibition therein of the drilling or operating of natural gas wells without his Written consent.
2. This Act may be cited as The Natural Gas Conservation ^^^"^^ *^*^®- Amendment Act, 1948.
115
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No. 116
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Highway Traffic Act.
Mr. Doucett
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. The definition by reference will ensure that the defini- tions in the two Acts will coincide.
Section 2. In order to curb improper practices in connection with permits and licenses these provisions are strengthened.
In the case of an illegal permit the penalty is increased by providing for the confiscation of the motor vehicle.
Section 3. This provision, which is';new, will avoid the present duplication.
116
No. 116 1948
BILL
An Act to amend The Highway Traffic Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause m of subsection 1 of section 1 of The Highway ^^^■^^^^■' Traffic Act is repealed and the following substituted therefor: siibs. i. '
-^ cl. m, re-
enacted.
(w) "Public vehicle" shall have the same meaning as in "Public The Public Vehicle Act. V^'""^^','',
Rev. Stat., c. 289.
2. Subsections 2 and 3 of section 23 of The Highway TraffiCRev. stat.. Act are repealed and the following substituted therefor: subss.'2^.'3. *
re-enacted.
(2) Every person whose permit has been suspended or unlawful cancelled and who, while prohibited from having a of permit, motor vehicle registered in his name, applies for or procures the issue to him or has in his possession a permit issued to him, shall be guilty of an offence
and liable to a penalty of not less than $25 and not more than $100 and to imprisonment for any term not exceeding thirty days, and in addition the motor vehicle for which the permit was issued shall be for- feited to His Majesty in right of Ontario.
(3) Every person whose license has been suspended or unlawful cancelled and who while prohibited from driving aofffcense? motor vehicle, applies for or procures the issue to
him or has in his possession a license, shall be guilty of an offence and liable to a penalty of not less than $25 and not more than $100 and to imprisonment for any term not exceeding thirty days.
3. Section 84 of The Highway Traffic Act is amended by Rev. stat.. adding thereto the following subsection : ame^nded ^*'
(3a) An owner of a motor vehicle to whom this Part Owners of applies who holds a license in respect of such vehicle vehicles under The Public Vehicle Act or The Commercial lommfsrcl&i
vehicles.
116
Rev. Stat,. Vehicle Act and who has on file in the Department a
***■ • ' certificate of insurance in good standing shall not be
required to give proof of financial responsibility under this Part in respect of such vehicle.
jfv. Stat.. 4. Subsection 1 of section 92 of The Highivay Traffic Act,
Mb"i.'' ^^* as amended by section 13 of The Highway Traffic Amendment
amended. ^^^^ ^^^^ ^^^ section 17 of The Highway Traffic Amendment
Act, 1941, is further amended by striking out the words,
symbol and figures "in excess of $25" in the thirteenth line,
so that the said subsection shall now read as follows:
Cancella- tion and return of security.
(1) The Minister may waive the requirement of filing proof of financial responsibility or may cancel any bond or return any certificate of insurance, or the Treasurer may, at the request of the Minister, return any money or securities deposited pursuant to this Part as proof of financial responsibility at any time after two years from the date upon which such proof was required to be given, provided that the owner or driver on whose behalf such proof was given has not, during the said period, or any two-year period immediately preceding the request, been convicted of an offence mentioned in section 78, and provided that no action for damages is pending and no judg- ment is outstanding and unsatisfied in respect of personal injury or damage to property resulting from the operation of a motor vehicle, and a statutory declaration of the applicant under this section shall be sufficient evidence of the facts in the absence of evidence to the contrary in the records of the Registrar.
?2Mfi*936. «.— (1) Subsection 1 of section 93& of The Highway Traffic a947.^ -^^^ ^^ enacted by subsection 1 of section 16 of The Highway
siibs'i)^^' ^^^ffi^ Amendment Act, 1947, is amended by adding at the amended. commencement thereof the words "Subject to section 93bb," so that the said subsection shall now read as follows:
Order directing payment of amount of Judgment.
(1) Subject to section 93bb, where any person recovers in any court in Ontario a judgment for damages on account of injury to, or the death of any person or damage to property occasioned by a motor vehicle owned or operated by the judgment debtor within Ontario, upon the determination of all proceedings including appeals and upon notice to the Minister, such judgment creditor may apply by way of originating notice to a judge of the Supreme Court for an order directing payment of the amount of the judgment or the unsatisfied portion thereof out of the Fund.
116
Section 4. The deletion is made in order to conform with amend- ments made last year under which judgments of any amount must be satisfied.
Section 5 — Subsection 1. This amendment is complementary to the new section 93bb enacted by section 6 of this Bill.
116
Subsection 2. Section 93b provides for the payment out of the Unsatis- fied Judgment Fund of the amount of an unsatisfied judgment. Subsection 2 prescrilK's the requirements which shall be complied with upon an applica- tion to the court for payment out. Included in the requirements are the issue of a writ of execution against the judgment debtor and a return by the sheriff; an examination of the judgment debtor, and other searches and inquiries. Sometimes it is impossible to comply with one or more of the requirements owing to the judgment creditor's inability to locate the judgment debtor or the judgment debtor being beyond the jurisdiction. The provis<j vests power in the court to carry out the principle of the section in these situations where it is satisfied that the creditor has taken all reasonable steps to recover the unpaid portion of his judgment.
116
(2) Subsection 2 of the said section 93b is amended by ^®2^gg^8^93fr adding at the end thereof the following proviso: agl?^
c. 45, 's. 16,
"provided that where the applicant satisfies the judge amended, that it is not possible to comply with one or more of the requirements enumerated in clauses b, c, d and e and also satisfies the judge that he has taken all reasonable steps to recover the amount of the judgment or the unsatisfied part thereof and has been unable to make recovery, the judge may dis- pense with the necessity for complying with such requirements",
so that the said subsection shall now read as follows:
(2) Upon the hearing of the application the applicant ^®^j^j,^|j°^ shall show, —
(a) that he has obtained a judgment as set out in subsection 1 stating the amount thereof and the amount owing thereon at the date of the application ;
(b) that he has caused to be issued a writ of fieri jacias or execution, and that,
(i) the sheriff or bailiff has made a return showing that no goods of the judgment debtor liable to be seized in satisfac- tion of the judgment debt could be found, or
(ii) the amount realized on the sale of goods seized, or otherwise realized, was in- sufficient to satisfy the judgment stat- ing the amount so realized and the balance remaining due on the judg- ment after application thereon of the amount realized;
(c) that he has caused the judgment debtor to be
examined, pursuant to the law for that pur- pose provided, touching his estate and effects and his property and means, and in particular as to whether the judgment debtor is insured under a policy of insurance by the terms of which the insurer is liable to pay in whole or in part, the amount of the judgment;
{d) that he has made exhaustive searches and in- quiries to ascertain whether the judgment
116
debtor is possessed of assets, real or personal, liable to be sold or applied in satisfaction of the judgment; and
(e) that, by such searches, inquiries and examina- tion,
(i) he has learned of no assets, real or per- sonal, possessed by the judgment debtor and liable to be sold or applied in satisfaction of the judgment debt, or
(ii) he learned of certain assets, describing them, owned by the judgment debtor and liable to be seized or applied in satisfaction of the judgment, and has taken all necessary actions and pro- ceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judg- ment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized,
^'■°^**°- provided that where the applicant satisfies the judge
that it is not possible to comply with one or more of the requirements enumerated in clauses b, c, d and e and also satisfies the judge that he has taken all reasonable steps to recover the amount of the judg- ment or the unsatisfied part thereof and has been unable to make recovery, the judge may dispense with the necessity for complying with such require- ments.
?*288?**936 (^) Subsection 4 of the said section 93b is amended by (1947.'* striking out the word "and" at the end of clause b, by in-
eubs.'i)/^' ^^'■^'"g ^he word "and" at the end of clause c, and by adding amended. thereto the following clause:
(d) that the applicant has fully pursued and exhausted all remedies available to him for recovering com- pensation for the damages that are the subject of the action in respect of which the judgment is given by,
(i) commencing action against all persons against whom the applicant might reasonably be con- sidered as having a cause of action in respect of such damages,
116
Subsection 3. Under the present legislation an applicant for payment of the amount of an unsatisfied judgment out of the Unsatisfied Judgment Fund is required to satisfy the court that he has obtained judgment but has been unable to recover all or a part of it. He need not show, however, that he has exhausted all remedies available to him to obtain compensation for his damages, as, for instance, that he sued both the owner and driver of the vehicle responsible for the damage. The amendment will require him to satisfy the court that he has taken all reasonable steps to exhaust other remedies available to him before being entitled to payment out of the Fund.
116
(ii) prosecuting every such action in good faith to judgment or dismissal,
(iii) taking all reasonable steps available to him to recover upon every judgment so obtained, and
(iv) taking all other reasonable steps available to him to recover compensation for such dam- ages,
so that the said subsection shall now read as follows:
(4) If the judge is satisfied, — 9j^^^ of
directing
(a) of the truth of the matters shown by the ap- from Fund.
plicant as required by subsection 2;
(b) that the applicant has taken all reasonable
steps to learn what means of satisfying the judgment are possessed by the judgment debtor;
(c) that there is good reason for believing that
the judgment debtor,
(i) has no assets liable to be sold or applied in satisfaction of the judgment or of the balance owing thereon, and
(ii) is not insured under a policy of insur- ance by the terms of which the insurer is liable to pay, in whole or in part, the amount of the judgment; and
(d) that the applicant has fully pursued and ex- hausted all remedies available to him for re- covering compensation for the damages that are the subject of the action in respect of which the judgment is given by,
(i) commencing action against all persons against whom the applicant might reasonably be considered as having a cause of action in respect of such damages,
(ii) prosecuting every such action in good faith to judgment or dismissal.
116
(iii) taking all reasonable steps available to him to recover upon every judgment so obtained, and
(iv) taking all other reasonable steps avail- able to him to recover compensation for such damages,
the judge may make an order directed to the Minister requiring him, subject to subsection 5, to pay from the Fund the amount of the judgment or the balance owing thereon.
c^*2^'8^B*936 (^^ Subsection 5 of the said section 936 is amended by ■"b8. 6 adding at the end thereof the following proviso:
0. 46, 'b. 16,
amended. "provided that where any amount is recovered from any
other source in partial discharge of the judgment debt, the maximum amount prescribed in this sec- tion shall be reduced by the amount so paid and mav be recovered bv action brought by the Minis- ter",
so that the said subsection shall now read as follows:
payme"nt8^ (5) The Minister shall not pay out of the Fund under an
from Fund, Order, —
(a) more than $5,000, exclusive of costs, on ac- count of injury to or the death of one person, and subject to such limit for any one person so injured or killed, not more than $10,000, exclusive of costs, on account of injury to or the death of two or more persons in any one accident; and
(6) not more than $1,000, exclusive of costs, for damage to property resulting from any one accident,
provided that where any amount is recovered from any other source in partial discharge of the judg- ment debt, the maximum amount prescribed in this section shall be reduced by the amount so paid and may be recovered by action brought by the Minister.
o.*288. "*■■ O. The Highway Traffic Ad is amended by adding thereto amended. t^p following section:
o/»'!'93*.'°" 93W.— (1) Section 936 shall not apply in the case of a
judgment that has been signed in an action in which, —
116
Proviso.
Subsection 4. The effect of the section without the proviso is that where one person is injured in an accident, regardless of the amount of the judgment, payment out of the Fund is limited to a maximum of $5,000 in respect of personal injuries and $1,000 in respect of property damage. Where more than one person is injured the limits are $10,000 in respect of personal injuries and $1,000 in respect of property damage. The effect of the proviso is that these limits will be reduced by any payments made from any other source in discharge of the judgment debt.
Section 6. Section 93bb — Where an action is brought which may result in an application for payment out of the Unsatisfied Judgment Fund of the amount of any judgment obtained, the Minister does not have an opportunity of making representations to the court until after judgment has been obtained and an application is made for payment out of the Fund. This means that where the defendant does not defend the action or consents to judgment, judgment is entered and the amount of damages determined without opposition and without representatives of the defendant before the court. The new section provides that in such cases no application shall be made for payment out of the Fund unless the Minister of Highways has been given an opportunity to defend the action on behalf of the defendant and authorizes the Minister to do so where he deems such action on his part advisable.
116
Section 7. See. note to section 9 of this Bill.
Section 8. This new section permits an application to be made to have the Registrar of Motor Vehicles added as a defendant in a pending action. Its purpose is to permit all proper parties to be brought before the court in the one action.
116
7
(a) the defendant did not enter an appearance; or
(b) the defendant did not file a statement of de-
fence; or
(c) the defendant did not appear in person or by
counsel at the trial; or
(d) judgment was signed upon the consent or with
the agreement of the defendant,
unless the Minister has been given notice of such failure, consent or agreement and has been afTorded an opportunity to take such action as he may deem advisable under subsection 2.
(2) Where the Minister receives notice under subsection R,ishts of
.- , , -I'll Minister.
1, he may, if he deems it advisable, enter an appear- ance, file a defence, appear by counsel at the trial or take such other action as he may deem appro- priate on behalf and in the name of the defendant, and may thereupon, on behalf and in the name of the defendant, conduct his defence, and all acts done in accordance therewith shall be deemed to be the acts of such defendant.
7. Section 93e of The Highway Traffic Act, as enacted byRev stat subsection 1 of section 16 of The Highway Traffic Amendment dd^i,' Act, 1947, is amended by adding thereto the following sub-siibs.'i),
amended, section :
(3) Where the death or injury is occasioned at a time where owner
when the motor vehicle is without the owner's con- sent in the possession of some person other than the owner or his chauffeui, the application shall be dis- posed of in the same manner as though the identity of the owner had not been estabilshed.
8. The Highway Traffic Act is amended by adding thereto Rev. stat..
the following section : amended.
9Zff. — (1) Where an action has been commenced in re- Application spect of the death of, or injury to any person occa- Registrar as sioned in Ontario by a motor vehicle, an application defendant. may be made by the plaintiff to add the Registrar of Motor Vehicles as a defendant and the provisions of sections 93e and 93/ shall apply mutatis mutandis.
116
8
Other rights not affected .
(2) This section shall be deemed not to derogate from the right of any party to an action to add or join any person as a party to the action in accordance with the practice of the court in which the action is pending.
o!*288?^.*88* ®- Section 93h of The Highway Traffic Act, as enacted by of 4V'b. 16 subsection 1 of section 16 of The Highway Traffic Amendment aubs.'i).. ' Act, 1947, is amended by adding thereto the following sub-
amended.
section ;
Where owner known.
(3) Where the death or injury was occasioned at a time when the motor vehicle was without the owner's consent in the possession of some person other than the owner or his chauffeur, the application shall be disposed of in the same manner as though the identity of the owner had not been established.
ment^oVAct ^®' '^^'^ ^^^ ^^^^' come into force on the 1st day of April, ■ 1948.
Short title. II This Act may be cited as The Highway Traffic Amend- ment Act, 1948.
116
Section 9. The new subsection provides that the principles of The Highway Traffic Act governing the liability of the owner of a motor vehicle for damages caused by it while it was being operated by someone without his consent, shall apply in the case of proceedings taken or sought to be taken against the Registrar of Motor Vehicles in respect of hit and run accidents.
116
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Hi H o l-t- |
No. 116
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Highway Traffic Act.
Mr. Doucett
{Reprinted as amended in Committee of the Whole House.)
TORONTO
Printed and Published by B.\ptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. The definition by reference will ensure that the defini- tions in the two Acts will coincide.
Section 2. In order to curb improper practices in connection with permits and licenses these provisions are strengthened.
In the case of an illegal permit the penalty is increased by providing for the confiscation of the motor vehicle.
Section 3.'/ (This provision, which is new, will avoid the present duplication.
116
No. 116 1948
BILL
An Act to amend The Highway Traffic Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause m of subsection 1 of section 1 of The Highway ^^^■^^^^•' Traffic Act is repealed and the following substituted therefor: subs, i, '
•^ cl. m, re-
enacted.
(m) 'Tublic vehicle" shall have the same meaning as in "Public The Public Vehicle Act. l^^'''^''.
Rev. Stat., c. 289.
2. Subsections 2 and 3 of section 23 of The Highway TrafficB^ev. stat.. Act are repealed and the following substituted therefor: subss.'2^.'3, '
re-enacted.
(2) Every person whose permit has been suspended or Unlawful
DOSSGSSIOH.
cancelled and who, while prohibited from having a of permit, motor vehicle registered in his name, applies for or procures the issue to him or has in his possession a permit issued to him, shall be guilty of an offence and liable to a penalty of not less than $25 and not more than $100 and to imprisonment for an}^ term not exceeding thirty days, and in addition the motor vehicle for which the permit was issued shall be for- feited to His Majesty in right of Ontario.
(3) Every person whose license has been suspended or unlawful cancelled and who while prohibited from driving aonfcense? motor vehicle, applies for or procures the issue to
him or has in his possession a license, shall be guilty of an offence and liable to a penalty of not less than $25 and not more than $100 and to imprisonment for any term not exceeding thirty days.
3. Section 84 of The Highway Traffic Act is amended by Rev. stat., adding thereto, the following subsection: anfe^nded.^*'
(3a) An owner of a motor vehicle to whom this Part Owners of applies who holds a license in respect of such vehicle vehicles under The Public Vehicle Act or The Commercial lomm^rdai
vehicles.
116
Rev. Stat.. cc. 289. i»0.
Vehicle Act and who has on file in the Department a certificate of insurance in good standing shall not be reqnire<l to give proof of financial responsibility under this Part in resjiect of such vehicle.
^Ijjj/e'Vs *• Subsection 1 of section 92 of The Highway Traffic Act, eiibB. i. *" as amended by section 13 of The Highway Traffic Amendment Act, 1939 and section 17 of The Highway Traffic Amendment Act, 1941, is further amended by striking out the words, symbol and figures "in excess of $25" in the thirteenth line, so that the said subsection shall now read as follows:
CanceUa- (J) The Minister may waive the requirement of filing
return of proof of financial responsibility or may cancel any
^' bond or return any certificate of insurance, or the
Treasurer may, at the request of the Minister, return any money or securities deposited pursuant to this Part as proof of financial responsibility at any time after two years from the date upon which such proof was required to be given, provided that the owner or driver on whose behalf such proof was given has not, during the said period, or any two-year period immediately preceding the request, been convicted of an olTence mentioned in section 78, and provided that no action for damages is pending and no judg- ment is outstanding and unsatisfied in respect of personal injury or damage to property resulting from the operation of a motor vehicle, and a statutory declaration of the applicant under this section shall be sufficient evidence of the facts in the absence of evidence to the contrary in the records of the Registrar.
cMsfs^lsd. *• — (1) Subsection 1 of section 93& of The Highway Traffic: "i947.^ ^^^' ^s enacted by subsection 1 of section 16 of The Highway
lnt^:ih^' ^''<#^ Amendment Act, 1947, is amended by adding at the amended. commencement thereof the words "Subject to section 9366," so that the said subsection shall now read as follows:
Order dlreotlns payment of amount of judgment.
(1) Subject to section 9366, where any person recovers in any court in Ontario a judgment for damages on account of injury to, or the death of any person or damage to property occasioned by a motor vehicle owned or operated by the judgment debtor within Ontario, upon the determination of all proceedings including appeals and upon notice to the Minister, such judgment creditor may apply by way of originating notice to a judge of the Supreme Court for an order directing payment of the amount of the judgment or .the unsatisfied portion thereof out of the Fund.
116
Section 4. The deletion is made in order to conform with amend- ments made last year under which judgments of any amount must be satisfied.
Section 5 — Subsection 1 . This amendment is complementary to the new section 93bb enacted by section 6 of this Bill.
116
Subsection 2. Section 0M> provides for the payment out of the Unsatis- fied Judtrment Fund of the amount of an unsatisfied judgment. Subsection 2 preacnbes the requirements which shall l)e complied with upon an applica- tion to the court for payment out. Included in the requirements are the issue of a writ of execution against the judgment debtor and a return by the sheriff; an examination of the judgment debtor, and other searches and inquiries. Sometimes it is impossible to comply with one or more of the requirements owing to the judgment creditor's inability to locate the juugment debtor or the judgment debtor being beyond the jurisdiction. The proviso vests power in the court to carry out the principle of the section in these situations where it is satisfied that the creditor has taken all reasonable steps to recover the unpaid portion of his judgment.
116
(2) Subsection 2 of the said section 93b is amended by ^Ysg^l^gsb adding at the end thereof the following proviso: tisl?^
c. 45. 's. 16.
"provided that where the applicant satisfies the judge amended, that it is not possible to comply with one or more of the requirements enumerated in clauses b, c, d and e and also satisfies the judge that he has taken all reasonable steps to recover the amount of the judgment or the unsatisfied part thereof and has been unable to make recovery, the judge may dis- pense with the necessity for complying with such requirements",
so that the said subsection shall now read as follows:
(2) Upon the hearing of the application the applicant ^®^j^j.^fi^^ shall show,—
(a) that he has obtained a judgment as set out in subsection 1 stating the amount thereof and the amount owing thereon at the date of the application;
ib) that he has caused to be issued a writ of fieri jacias or execution, and that,
(i) the sheriff or bailiff has made a return showing that no goods of the judgment debtor liable to be seized in satisfac- tion of the judgment debt could be found, or
(ii) the amount realized on the sale of goods seized, or otherwise realized, was. in- sufficient to satisfy the judgment stat- ing the amount so realized and the balance remaining due on the judg- ment after application thereon of the amount realized;
ic) that he has caused the judgment debtor to be examined, pursuant to the law for that pur- pose provided, touching his estate and effects and his property and means, and in particular as to whether the judgment debtor is insured under a policy of insurance by the terms of which the insurer is liable to pay in whole or in part, the amount of the judgment;
{d) that he has made exhaustive searches and in- quiries to ascertain whether the judgment
116
debtor is possessed of assets, real or personal, liable to be sold or applied in satisfaction of the judgment; and
(e) that, by such searches, inquiries and examina- tion,
(i) he has learned of no assets, real or per- sonal, possessed by the judgment debtor and liable to be sold or applied in satisfaction of the judgment debt, or
(ii) he learned of certain assets, describing them, owned by the judgment debtor and liable to be seized or applied in satisfaction of the judgment, and has taken all necessary actions and pro- ceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judg- ment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized,
Proviso. provided that where the applicant satisfies the judge
that it is not possible to comply with one or more of the requirements enumerated in clauses b, c, d and e and also satisfies the judge that he has taken all reasonable steps to recover the amount of the judg- ment or the unsatisfied part thereof and has been unable to make recovery, the judge may dispense with the necessity for complying with such require- ments.
0^*288^*8*936 (^) Subsection 4 of the said section 936 is amended by a947^ striking out the word "and" at the end of clause 6, by in-
c. 45.'b. 16. serting the word "and" at the end of clause c, and bv adding amended. thereto the tollowing clause:
(rf) that the applicant has fully pursued and exhausted all remedies available to him for recovering com- Ix*nsation for the damages that are the subject of the action in respect of which the judgment is given b> ,
(i) commencing action against all persons against whom the applicant might reasonably be con- sidered as having a cause of action in respect of such damages,
116
Subsection 3. Under the present legislation an applicant for payment of the amount of an unsatisfied judgment out of the Unsatisfied Judgment Fund is required to satisfy the court that he has obtained judgment but has been unable to recover all or a part of it. He need not show, however, that he has exhausted all remedies available to him to obtain compensation for his damages, as, for instance, that he sued both the owner and driver of the vehicle responsible for the damage. The amendment will require him to satisfy the court that he has taken all reasonable steps to exhaust other remedies available to him before being entitled to payment out of the Fund.
116
(ii) prosecuting every such action in good faith to judgment or dismissal,
(iii) taking all reasonable steps available to him to recover upon every judgment so obtained, and
(iv) taking all other reasonable steps available to him to recover compensation for such dam- ages,
so that the said subsection shall now read as follows:
(4) If the judge is satisfied, — or^ej- of
directing
(a) of the truth of the matters shown by the ap- from Fund.
plicant as required by subsection 2;
(b) that the applicant has taken all reasonable
steps to learn what means of satisfying the judgment are possessed by the judgment debtor;
(c) that there is good reason for believing that
the judgment debtor,
(i) has no assets liable to be sold or applied in satisfaction of the judgment or of the balance owing thereon, and
(ii) is not insured under a policy of insur- ance by the terms of which the insurer is liable to pay, in whole or in part, the amount of the judgment; and
(d) that the applicant has fully pursued and ex- hausted all remedies available to him for re- covering compensation for the damages that are the subject of the action in respect of which the judgment is given by,
(i) commencing action against all persons against whom the applicant might reasonably be considered as having a cause of action in respect of such damages,
(ii) prosecuting every such action in good faith to judgment or dismissal,
116
(iii) taking all reasonable steps available to him to recover upon every judgment so obtained, and
(iv) taking all other reasonable steps avail- able to him to recover compensation for such damages,
the judge may make an order directed to the Minister requiring him, subject to subsection 5, to pay from the Fund the amount of the judgment or the balance owing thereon.
^•oX.o^**oit (4) Subsection 5 of the said section 93ft is amended bv ■ubj. 8 adding at the end thereof the followmg proviso:
■utM.'i). ' "provide<i that where any amount is recovered from any
*""*" * ■ other source in partial discharge of the judgment
debt, the maximum amount prescribed in this sec- tion shall be reduced by the amount so paid and any amount paid out of the Fund in excess of the amount authorized by this section may be recovered by action brought !)>• the Minister",
Amount of paymentH from Fund.
Provtao.
Rev. stuf o. 288. amended.
Adp or a.
936.
so that the said subsection shall now read as follows:
(5) The Minister shall not pay out of the Fund under an order, —
(o) more than $5,000, exclusive of costs, on ac- count of injury to or the death of one person, and subject to such limit for any one person so injured or killed, not more than $10,000, e-\clusive of costs, on account of injury to or the death of two or more persons in any one accident: and
(b) not more than $1,000, exclusive of costs, for damage to property resulting from any one accident,
provided that where any amount is recovered from any other source in partial discharge of the judg- ment debt, the maximum amount prescribed in this section shall Ix- reduced by the amount so paid and an\ amount paid out of the Fund in excess of the amount authori/ed b\- this section ma\- be recovered by action brought by the Minister.
6. The Highway Traffic Act is amended by adding thereto the following section:
9366.— (1) Section 03b shall not apply in the case of a judgment that has been signed in an action in which, —
116
Subsection 4. The effect of the section without the proviso is that where one person is injured in an accident, regardless of the amount of the judgment, payment out of the Fund is limited to a maximum of $5,000 in respect of personal injuries and $1,000 in respect of property damage. Where more than one person is injured the limits are $10,000 in respect of personal injuries and $1,000 in respect of property damage. The effect of the proviso is that these limits will be reduced by any payments made from any other source in discharge of the judgment debt.
Section' 6. Section 93bb — Where an action is brought which may result in an application for payment out of the Unsatisfied Judgment Fund of the amount of any judgment obtained, the Minister does not have an opportunity of making representations to the court until after judgment has been obtained and an application is made for payment out of the Fund. This means that where the defendant does not defend the action or consents to judgment, judgment is entered and the amount of damages determined without opposition and without representatives of the defendant before the court. The new section provides that in such cases no application shall be made for payment out of the Fund unless the Minister of Highways has been given an opportunity to defend the action on behalf of the defendant and authorizes the Minister to do so where he deems such action on his part advisable.
116
Section 7. See note to section 9 of this Bill.
Section 8. This new section permits an application to be made to have the Registrar of Motor Vehicles added as a defendant in a pending action. Its purpose is to permit all proper parties to be brought before the court in the one action.
116
7
(a) the defendant did not enter an appearance; or
(b) the defendant did not file a statement of de-
fence; or
(c) the defendant did not appear in person or by
counsel at the trial; or
(d) judgment was signed upon the consent or with
the agreement of the defendant,
unless the Minister has been given notice of such failure, consent or agreement and has been afforded an opportunity to take such action as he may deem advisable under subsection 2.
(2) Where the Minister receives notice under subsection Pjg^^ts of . -r 1 1 • 1 • 1 . Minister.
1, he may, it he deems it advisable, enter an appear- ance, file a defence, appear by counsel at the trial or take such other action as he may deem appro- priate on behalf and in the name of the defendant, and may thereupon, on behalf and in the name of the defendant, conduct his defence, and all acts done in accordance therewith shall be deemed to be the acts of such defendant.
7. Section 93e of The Highway Traffic Act, as enacted byRev.stat.. subsection 1 of section 16 of The Highway Traffic Amendment (i947,' Act, 1947, is amended by adding thereto the following sub- .subs.' li. '
. • ' amended.
section :
(3) Where the death or injury- is occasioned at a time where owner when the motor vehicle is without the owner's con- sent in the possession of some person other than the owner or his chauffeui, the application shall be dis- posed of in the same manner as though the identity of the owner had not been estabilshed.
8. The Highway Traffic Act is amended by adding thereto Rev. stat..
the following section : amended.
93^. — (1) Where an action has been commenced in re- Application spect of the death of, or injury to any person occa- Regfstrar as sioned in Ontario by a motor vehicle, an application '*®^®"'^^"*- may be made by the plaintiff to add the Registrar of ^lotor Vehicles as a defendant and the provisions of sections 93e and 93/ shall apply mutatis mutandis.
116
8
other righu (2) I'his sectiofi shall he deemed not to derogate from
not uflreofed. . . . , •.?•••
the right of any party to an action to add or join any person as a j)arty to the action in accordance with the practice of the court in which the action is i:)en(ling.
f*2ti8*^"'e3* ®- '***-'ction 93h of The Highway Traffic Act, as enacted by
(iM7.' ■ ' subsection 1 of section 16 of The Highway Traffic Amendment
Bubn.'ij. ' Act, 1947, is amended bv adding thereto the following sub- amended.
section:
Where owner (3) Where the death or injury was occasioned at a time
'*"°*"' when the motor vehicle was without the owner's
consent in the possession of some person other than
the owner or his chauffeur, the application shall be
disposed of in the same manner as though the identity
of the owner had not been established.
Commence- 10. — (1) This Act shall come into force on the day upon
ment of Act. ,.,.. .t^,* j f
which It receives the Royal Assent.
tV^Par't'"*"^'' ^^^ Sections 5 to 9 shall apply to motor vehicle accidents
xniA. occurring in Ontario after the 1st day of July, 1947, provided
that subsection 3 of section 5 and section 6 shall apply only
where the trial or assessment of damages, as the case may be,
is not concluded before the 1st day of June, 1948. "^1^
Short title. 11. This Act may be cited as The Highway Traffic Amend- ment Act, 1948.
116
Section 9. The new subsection provides that the principles of The Highway Traffic Act governing the liability of the owner of a motor vehicle for damages caused by it while it was being operated by someone without his consent, shall apply in the case of proceedings taken or sought to be taken against the Registrar of Motor Vehicles in respect of hit and run accidents.
116
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No. 116
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Highway Traffic Act.
Mr. Doucett
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 116 1948
BILL
An Act to amend The Highway Traffic Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause m of subsection 1 of section 1 of The Highway '^^^•^^^^■' Traffic Act is repealed and the following substituted therefor: siibs. i. '
■^ cl. m, re-
enacted.
(w) "Public vehicle" shall have the same meaning as in "Public The Public Vehicle Act. l^^'''^^l'\
Rev. Stat., c. 289.
2. Subsections 2 and 3 of section 23 of The Highway Traffic Rev. stat.. Act are repealed and the following substituted therefor: subss.'2,'3. '
re-enacted.
(.2) Every person whose permit has been suspended or unlawful cancelled and who, while prohibited from having a of permit, motor vehicle registered in his name, applies for or procures the issue to him or has in his possession a permit issued to him, shall be guilty of an offence and liable to a penalty of not less than $25 and not more than $100 and to imprisonment for any term not exceeding thirty days, and in addition the motor vehicle for which the permit was issued shall be for- feited to His Majesty in right of Ontario.
(3) Every person whose license has been suspended or unlawful cancelled and who while prohibited from driving aofffcense" motor vehicle, applies for or procures the issue to him or has in his possession a license, shall be guilty of an offence and liable to a penalty of not less than $25 and not more than $100 and to imprisonment for any term not exceeding thirty days.
3. Section 84 of The Highway Traffic Act is amended byRgystat., adding thereto the following subsection: amelfded.^^'
(3a) An owner of a motor vehicle to whom this Part Owners of applies who holds a license in respect of such vehicle vehicles under The Public Vehicle Act or The Commercial commercial
vehicles.
116
R«v. Stat.. Vehicle Act and who has on file in the Department a
certificate of insurance in good standing shall not be required to give proof of financial responsibility under this Part in respect of such vehicle.
R«v. stat..^ 4. Subsection 1 of section 92 of The Highway Traffic Act,
•ub«. i.*" * as amended by section 13 of The Highway Traffic Amendment
am«nd«d. ^^^^ ^^^^ ^^^ section 17 of The Highway Traffic Amendment
Act, 1941, is further amended by striking out the words,
symbol and figures "in excess of $25" in the thirteenth line,
so that the said subsection shall now read as follows:
Cancella- tion and return of Mcurity.
(1) The Minister may waive the requirement of filing proof of financial responsibility or may cancel any bond or return any certificate of insurance, or the Treasurer may, at the request of the Minister, return any money or securities deposited pursuant to this Part as proof of financial responsibility at any time after two years from the date upon which such proof was required to be given, provided that the owner or driver on whose behalf such proof was given has not, during the said period, or any two-year period immediately preceding the request, been convicted of an offence mentioned in section 78, and provided that no action for damages is pending and no judg- ment is outstanding and unsatisfied in respect of personal injury or damage to property resulting from the operation of a motor vehicle, and a statutory declaration of the applicant under this section shall be sufficient evidence of the facts in the absence of evidence to the contrary in the records of the Registrar.
o!l588?8?93». *• — (1) Subsection 1 of section 936 of The Highway Traffic UM?.^ ^c/, as enacted by subsection 1 of section 16 of The Highway
subs' ') **' Traffic Amendment Act, 1947, is amended by adding at the amended. commencement thereof the words "Subject to section 93bb," so that the said subsection shall now read as follows:
Order directing payment of amount of Judgment.
(1) Subject to section 93bb, where any person recovers in any court in Ontario a judgment for damages on account of injury to, or the death of any person or damage to property occasioned by a motor vehicle owned or operated by the judgment debtor within Ontario, upon the determination of all proceedings including appeals and upon notice to the Minister, such judgment creditor may apply by way of originating notice to a judge of the Supreme Court for an order directing payment of the amount of the judgment or the unsatisfied portion thereof out of the Fund.
116
(2) Subsection 2 of the said section 936 is amended by ^®2^gg®^**g^j adding at the end thereof the following proviso: aal?^
c. 45. 's. 16,
"provided that where the applicant satisfies the judge amended, that it is not possible to comply with one or more of the requirements enumerated in clauses b, c, d and e and also satisfies the judge that he has taken all reasonable steps to recover the amount of the judgment or the unsatisfied part thereof and has been unable to make recovery, the judge may dis- pense with the necessity for complying with such requirements",
so that the said subsection shall now read as follows:
(2) Upon the hearing of the application the applicant ^®i\^j,^fj°^ shall show, —
(a) that he has obtained a judgment as set out in subsection 1 stating the amount thereof and . the amount owing thereon at the date of the application ;
(b) that he has caused to be issued a writ of fieri jacias or execution, and that,
(i) the sheriff or bailiff has made a return showing that no goods of the judgment debtor liable to be seized in satisfac- tion of the judgment debt could be found, or
(ii) the amount realized on the sale of goods seized, or otherwise realized, was in- sufficient to satisfy the judgment stat- ing the amount so realized and the balance remaining due on the judg- ment after application thereon of the amount realized;
(c) that he has caused the judgment debtor to be
examined, pursuant to the law for that pur- pose provided, touching his estate and effects and his property and means, and in particular as to whether the judgment debtor is insured under a policy of insurance by the terms of which the insurer is liable to pay in whole or in part, the amount of the judgment;
{d) that he has made exhaustive searches and in- quiries to ascertain whether the judgment
116
debtor is possessed of assets, real or personal, liable to be sold or applied in satisfaction of the judgment; and
(e) that, by such searches, inquiries and examina- tion,
(i) he has learned of no assets, real or per- sonal, possessed by the judgment debtor and liable to be sold or applied in satisfaction of the judgment debt, or
(ii) he learned of certain assets, describing them, owned by the judgment debtor and liable to be seized or applied in satisfaction of the judgment, and has taken all necessary actions and pro- ceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judg- ment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized,
Proviso. provided that where the applicant satisfies the judge
that it is not possible to comply with one or more of the requirements enumerated in clauses b, c, d and e and also satisfies the judge that he has taken all reasonable steps to recover the amount of the judg- ment or the unsatisfied part thereof and has been unable to make recovery, the judge may dispense with the necessity for complying with such require- ments.
o!*288^*8.*936 ^^^ Subsection 4 of the said section 93& is amended by (1M7* striking out the word "and" at the end of clause h, by in-
0. 46.'8. 16. serting the word "and" at the end of clause c, and by adding amended. thereto the following clause:
{d) that the applicant has fully pursued and exhausted all remedies available to him for recovering com- pensation for the damages that are the subject of the action in respect of which the judgment is given by,
(i) commencing action against all persons against whom the applicant might reasonably be con- sidered as having a cause of action in respect of such damages,
116
(ii) prosecuting every such action in good faith to judgment or dismissal,
(iii) taking all reasonable steps available to him' to recover upon every judgment so obtained, and
(iv) taking all other reasonable steps available to him to recover compensation for such dam- ages,
so that the said subsection shall now read as follows:
(4) If the judge is satisfied, — ^^d ®e °^
directing
(a) of the truth of the matters shown by the ap- from Fund. plicant as required by subsection 2;
(b) that the applicant has taken all reasonable
steps to learn what means of satisfying the judgment are possessed by the judgment debtor;
(c) that there is good reason for believing that
the judgment debtor, ,
(i) has no assets liable to be sold or applied in satisfaction of the judgment or of the balance owing thereon, and
(ii) is not insured under a policy of insur- ance by the terms of which the insurer is liable to pay, in whole or in part, the amount of the judgment; and
(d) that the applicant has fully pursued and ex- hausted all remedies available to him for re- covering compensation for the damages that are the subject of the action in respect of which the judgment is given by,
(i) commencing action against all persons against whom the applicant might reasonably be considered as having a cause of action in respect of such damages.
(ii) prosecuting every such action in good faith to judgment or dismissal.
116
(iii) taking all reasonable steps available to him to recover upon every judgment so obtained, and
(iv) taking all other reasonable steps avail- able to him to recover compensation for such damages,
the judge may make an order directed to the Minister requiring him, subject to subsection 5, to pay from the Fund the amount of the judgment or the balance owing thereon.
?M8^8*986 (^^ Subsection 5 of the said section 93b is amended by •ubj- 6 adding at the end thereof the following proviso:
•ubs.'i).. * "provided that where any amount is recovered from any
other source in partial discharge of the judgment debt, the maximum amount prescribed in this sec- tion shall be reduced by the amount so paid and any amount paid out of the Fund in excess of the amount authorized by this section may be recovered by action brought by the Minister",
so that the said subsection shall now read as follows:
amended.
Amount of payments from Fund.
Proviso.
(5) The Minister shall not pay out of the Fund under an order, —
(a) more than $5,000, exclusive of costs, on ac- count of injury to or the death of one person, and subject to such limit for any one person so injured or killed, not more than $10,000, exclusive of costs, on account of injury to or the death of two or more persons in any one accident; and
(6) not more than $1,000, exclusive of costs, for damage to property resulting from any one accident,
provided that where any amount is recovered from any other source in partial discharge of the judg- ment debt, the maximum amount prescribed in this section shall be reduced by the amount so paid and any amount paid out of the Fund in excess of the amount authorized by this section may be recovered by action brought by the Minister.
Rev. Stat. 0. 288. amended.
Applloation ofs. 936.
6. The Highway Traffic Act is amended by adding thereto the following section:
9366.— (1) Section 936 shall not apply in the case of a judgment that has been signed in an action in which, —
116
7
(a) the defendant did not enter an appearance; or
(b) the defendant did not file a statement of de-
fence; or
(c) the defendant did not appear in person or by
counsel at the trial; or
(d) judgment was signed upon the consent or with
the agreement of the defendant,
unless the Minister has been given notice of such failure, consent or agreement and has been afforded an opportunity to take such action as he may deem advisable under subsection 2.
(2) Where the Minister receives notice under subsection Rig^^ts of 1, he may, if he deems it advisable, enter an appear- ance, file a defence, appear by counsel at the trial or take such other action as he may deem appro- priate on behalf and in the name of the defendant, and may thereupon, on behalf and in the name of the defendant, conduct his defence, and all acts done in accordance therewith shall be deemed to be the acts of such defendant.
7. Section 93e of The Highway Traffic Act, as enacted bvRev. stat..
. ' c 288 s 93«
subsection 1 of section 16 of The Highway Traffic Amendment (i947,' Act, 1947, is amended b}' adding thereto the following sub-siibs.'i), '
„. ; . amended.
section :
(3) Where the death or injur}- is occasioned at a time where owner when the motor vehicle is without the owner's con- sent in the possession of some person other than the owner or his chauffeur, the application shall be dis- posed of in the same manner as though the identity of the owner had not been established.
8. The Highway Traffic Act is amended by adding thereto Rev. stat.,
the following section : amended.
93ff. — (1) Where an action has been commenced in re- Application spect of the death of, or injury to any person occa- Re|fstrar as sioned in Ontario by a motor vehicle, an application '^®^®"^^"*- may be made by the plaintiff to add the Registrar of Motor \'ehicles as a defendant and the provisions of sections 93e and 93/ shall apply mutatis mutandis.
116
8
other right* (2) This section shall be deemed not to derogate from
not Mffeoted. ..., •.?!••
the right of any party to an action to add or join
any person as a party to the action in accordance
with the practice of the court in which the action
is [Handing.
S*288?8*.*93* ®- Section 93h of The Highway Traffic Act, as enacted by (i947.' ■ subsection 1 of section 16 of The Highway Traffic Amendment
suba.'i). ' Act, 1947, is amended by adding thereto the following sub- amendod.
section :
Where owner (3) Where the death or injury was occasioned at a time *"*°*^"" when the motor vehicle was without the owner's
consent in the possession of some person other than the owner or his chaufieur, the application shall be disposed of in the same manner as though the identity of the owner had not been established.
Commence- 10. — (1) This Act shall come into force on the day upon ment of Act. ,.,.. ii-,i» j t-
which It receives the Royal Assent.
to"part"'*'**" ^^^ Sections 5 to 9 shall apply to motor vehicle accidents
xiiiA. occurring in Ontario after the 1st day of July, 1947, provided
that subsection 3 of section 5 and section 6 shall apply only
where the trial or assessment of damages, as the case may be,
is not concluded before the 1st day of June, 1948.
Short title. n. Xhis Act may be cited as The Highway Traffic Amend- ment Act, 1948.
116
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No. 117
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Snow Roads and Fences Act.
Mr. Doucett
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
Explanatory Note,
Under subsection 1 of section 12 of The Snow Roads and Fences Act councils may, on or after the 15th day of November and before the 31st day of Mardi following, enter on land and erect and maintain snow fences. Under subsection 2 these must be removed on or after the 1st day of April. This amendment gives power to extend these dates by by-law when weather conditions so require.
117
No. 117 1948
BILL
An Act to amend The Snow Roads and Fences Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 12 of The Snow Roads and Fences Act, as amended ^^y- stat.. by subsection 1 of section 32 of The Statute Law Amendment ^.mended. Act, 1941, is further amended by adding thereto the following subsection :
(2a) When weather conditions do not permit the removal ^f'tfme °° of snow fences on or before the 1st day of April, [o^ main- the council may by by-law extend the time during removal, which snow fences may be maintained and the date by which they shall be removed to a date fixed by the by-law.
2. This Act shall come into force on the day upon which itCom/nence-
, ^ , . J f ment of Act.
receives the Royal Assent.
3. This Act may be cited as The Snow Roads and Fences Short title. Amendment Act, 1948.
117
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No. 117
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Snow Roads and Fences Act.
Mr. Doucett
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 117 1948
BILL
An Act to amend The Snow Roads and Fences Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 12 of The Snow Roads and Fences Act, as amended Rev stat., by subsection 1 of section 32 of The Statute Law Amendment ^.mended. Act, 1941, is further amended by adding thereto the follawing subsection :
(2a) When weather conditfons do not permit the removal ^f^tfml^^'^ of snow fences on or before the 1st day of April, {^^ main-
1 •! Ill 1 1 • 1 • tenance and
the council may by by-law extend the time during removal, which snow fences may be maintained and the date by which they shall be removed to a date fixed by the by-law.
2. This Act shall come into force on the day upon which it Commence-
.? r- rnent of Act.
receives the Royal Assent.
3. This Act may be cited as The Snow Roads and Fences short title. Amendment Act, 1948.
117
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No. 118
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to impose a Tax on Amusements to Provide for Greater Aid
to Public Hospitals.
Mr. Frost
T O R O iN T O
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
This Bill provides for a hospital tax of twenty per centum on the price of admission to places of amusement, to become effective by Proclamation as soon as the [dominion vacates this tax field.
The taxes so raised will be paid into a special fund and dispersed only in aid of public hospitals.
Sec also Bill No. 119, An Act to provide for Greater Aid to Public Hospitals.
118
No. 118 1948
BILL
An Act to impose a Tax on Amusements to Provide for Greater Aid to Public Hospitals.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —
1. In this Act, — interpreta-
tion,—
(a) ' 'admission ' ' includes entry to any place of amusement "admission" where any charge is made or fee is collected after
entry;
(b) "Controller" means the Controller of Revenue; ie?°r*'"*'^'
(c) "owner" means a person who operates a place of""^"^^^'*
amusement in Ontario;
(d) "place of amusement" means any theatre, moving- amuse-°^ picture hall, dance hall, amusement hall, concert '^®^*"' hall, music hall, circus, side-show, carnival, amuse- ment park, race-course, baseball park, athletic park, skating rink, or place at or in which an exhibition
or entertainment is given or amusement is provided or facilities are provided therefor or game is played, where an entrance fee is charged or fee collected through the sale of tickets or otherwise, or where after admission a charge is made or fee collected, and includes any place where dances are held or facilities for dancing provided or a performance or entertainment is given before, during or after the service of meals or refreshments;
(e) "price of admission" includes any charge made or fee admission";
collected after admission to a place of amusement, and any charge made in a place of amusement for meals or refreshments that are served in conjunction with any dance, performance or entertainment;
118
"purchiiMer",
"rejiulii- tioriH";
(f) "purchafer" rreans any person who purchases admis-
sion to an>- place of amusement;
(g) "regulations" mean regulations made under the authority of this Act; and
•Treasurer". (/;) "Treasurer" means the Treasurer of Ontario.
Licences.
2. — (1) No owner shall sell ac'missicn to a place of amuse- ment unless a licence therefor has been, upcn his application, issued to him under tin's .Act, ;iimI unless such licence is in force at the time of sale.
E.xpiry.
(2) Such licence shall remain in force until the 31st da\- of March next following the date of issue.
Application. (3^ -^he application for such licence shall be filed with the Controller.
Granting of licenceH.
(4) Such licence shall be granted by the Treasurer or b\- such officer as he ma\' appoint, upon payment by the owner of SI to the Treasurer for the use of His Majesty in right of Ontario.
Posting up of licences.
(5) Such licence shall be placed in public view in the oflfice of the owner at which admission is sold to the purchaser.
otnclncei^^ (6) ^'*6 Treasurer may cancel or suspend the licence of, or ma>- refuse to issue a licence to, any owner who has been found guilty of an offence under this Act.
Information. ,^. ~,, ,...,. « ,1 . , ,
(7) 1 he application for a licence shall contain the name and address of the owner; and if such owner is a partnership, the names and addresses of each partner; and if the owner is a corporation, club, association or syndicate, the name and address of the president, if he resides in Ontario, and if not, the name and address of its resident manager or representative, and the address of its chief place of business in Ontario.
3. Kver>' purchaser shall pay to the Treasurer for the use of His Majesty in right of Ontario a tax at the rate of twenty per centum calculated upon the price of admission charged by the owner, and, in the calculation, every fraction of one r*Mit '^hall be counted as one cent.
of ta.x. +•- (1) The taxes paid under this Act, less the expenses of
collection thereof shall be paid into the fund established under 1948. c. . . The Hospitals Aid Act, 1948.
expenses. (2) The expenses of collecting the taxes imposed by this
Act shall be paid out of the Consolidated Revenue Fund, and
118
at the end of each fiscal year the Consolidated Revenue Fund shall be reimbursed for the sums so paid out from the taxes imposed by this Act.
5. — (1) Every owner shall, as the agent of the Treasurer/collection, collect the tax imposed by this Act.
(2) For the purpose of collecting the tax, the Treasuier Arrange- may enter into such arrangement with each owner as he may J?^tiecUon. deem expedient and may provide for the payment of such remuneration to each owner as he may deem proper.
6. Every owner shall inform every purchaser of the price or Price of prices of admission to his place of amusement and of the tnd^'tfi'x'?" amount of the tax to be paid by the purchaser by placing in public view at the office of the owner where admission may be purchased a schedule showing such price or prices and the amount of such tax.
7. Every owner shall, upon the request of the purchaser, Saie' deliver to him a writing showing his name, his address, the '"^°'*^®^- number of his licence issued under this Act, the price of admission charged to the purchaser, and separately stated,
the amount of the tax payable or paid by the purchaser.
8. No owner shall advertise or hold out or state to the Absorption public or to any purchaser, directly or indirectly, that the tax prohfbited. or any part thereof imposed by this Act will be assumed or absorbed by the owner or that it will not bs considered as an element in the price to the purchaser or, if added, that it or
any part thereof will be refunded.
9.^ — (1) Where special circumstances" exist, whether of aExenptions. religious, charitable or educational nature or otherwise, the Lieutenant-Governor in Council may, upon application of the owner made to the Treasurer at least ten days before the tax would otherwise be payable, exempt the purchaser from pay- ment and the owner from collection of the tax Imposed by this Act.
(2) Where it is shown to the satisfaction of the Treasurer Entertain- that the tax calculated on the price of admission to a place of religious, amusement at or in which an entertainment has been held foror educa-^ the purpose of raising funds for religious, charitable or educa- poJ^l'. ^^^' tional purposes, was collected and paid to the Treasurer in accordance with this Act, and where the owner files with the Controller a statement, verified by his affidavit, giving in detail all receipts and expenses in connection with the enter- tainment and the receipt of the organization to which the proceeds were donated acknowledging receipt of such proceeds is attached thereto, and w^here the Treasurer is satisfied that
118
such organization is one the operations of which are carried on exclusively for religious, charitable or educational purposes or for any combination of such purposes, the Treasurer may pay to such organization an amount equal to that proportion of the tax so collected and paid which the proceeds acknowl- edged as received by such organization bear to the gross amount received by the owner as the price of admission to such entertainment.
Monthly returns.
10. — (1) Every owner shall, as the agent of the Treasurer, on or before the tenth day of each month, without notice or demand, deliver to the Controller such return as is required for the purposes of carrying out the provisions of this Act.
Verification of returns.
(2) The return shall be verified by the affidavit of the owner, and, if the owner is not an individual, of his president or his resident manager or representative in Ontario, swearing that the financial statements for the preceding month, attached to the return, showing receipts and expenditures of the place of amusement, the amount of the tax collectable under this Act and such other information as is required, are in agreement with the books of the owner and exhibit truly and correctly all the business of the owner at his place of amusement during the preceding month.
Penalty for ■ale of ad- mission unless licensed.
11. — (1) Every owner who fails to comply with subsection 1 of section 2 shall be guilty of an offence and liable to a penalty for each sale, in addition to the costs, of not less than $10 and not more than $1,000 and, in default of payment of the costs and penalty, to imprisonment for three months.
Penalty for failure to pay tax.
Penalty for failure to collect tax.
Penalty for default in filing return.
(2) Every purchaser who fails to pay the tax imposed under this Act shall be guilty of an offence and shall be liable to a penalty of not less than $10 and not more than $200.
(3) Every owner who refuses or neglects to collect, account for or remit the amount of the tax in accordance with this Act or the regulations, shall be guilty of an offence and shall be liable, in addition to the remittance of the tax, to a penalty for each day during which such offence continues, of not less than $10 and not more than $1,000 and in default of payment, to imprisonment for three months.
(4) Every owner who fails to comply with subsection 1 of section 10 shall pay a penalty of five per centum of the tax collectable by such owner; provided that in no case shall such penalty be more than $500.
Failure to
complete
return.
(5) When any owner fails to complete the information required on the monthly return to be delivered to the Con- troller under subsection 1 of section 10, such owner shall be
118
liable to a penalty of one per centum of the tax collectable by him; provided that in no case shall such penalty be less than $1 or more than $20.
(6) Every employee of an owner who permits or authorizes Penalty for or is a party or privy to, the admission of any purchaser to a couect tax. place of amusement without collecting from such purchaser
the tax imposed under this Act, shall be guilty of an offence and shall incur a penalty of not less than $20 and not more than $500.
(7) In addition to the penalties provided by this Act, the injunction. Treasurer may apply to a judge of the Supreme Court for an injunction against any owner who sells admission to his place
of amusement without having been granted a licence under this Act, which is still in force, ordering him to cease selling such admission and to close his place of amusement until a licence is granted and all costs are paid.
12. The Treasurer may, before or after the time for Time for making it, enlarge the time for making any return. . ^turnf
13. — (1) Every owner shall remit with the monthly return payment of required by subsection 1 of section 10, the amount of the tax *ofig*^tabie. collectable by him as shown therein.
(2) When any owner remits less than the amount of the tax where pay- collectable as shown by the return, he shall pay interest at than amount the rate of seven per centum per annum upon the deficiency '"^'i"^''® calculated from the date of default until the date of remission to the Treasurer.
14. — (1) If the Controller, in order to enable him to make Demand for an accounting of the tax collectable by the owner under this information. Act, or for any other purpose desires any information or additional information, or a return from any owner who has not made a return or a complete or sufficient return, he may, by registered letter, demand from such owner or from the president, manager, secretary, or any director, agent or representative thereof, such information, additional informa- tion or return, and the owner, president, manager, secretary, or any director, agent or representative upon whom such a demand is made shall deliver to the Controller such informa- tion, additional information or return within thirty days of the mailing of such registered letter.
(2) The Controller may, by registered letter, require the Production production under oath or otherwise, by any owner or the accounts.' president, manager, secretary-, or any director, agent or repre-®**^- sentative of such owner, or by any person, partnership, syndi- cate, trust or company holding or paying or liable to pay any
118
f)ortion of the income of such owner, or by any partner, agent or official of any such f)erson, partnership, syndicate, trust or conipan>-, of any letters, accounts, invoices, statements or other documents.
(3) If any pwner fails or refuses to keep adequate books or accounts for the purposes of ascertaining the amcunt of the tax collectable by him under this Act, the Controller may require such owner to keep such records and accounts as he ma>' prescribe.
(4) For every default in complying with the provisions of subsections 1 to 3 the owner or the persons, or both, in default shall jointly and severally be liable to a penalty of $25 for each day during which the default continues.
of'Treasurer (5) For the purpose of any proceedings taken under this etc^°o^be""'^^^' ^^^ facts necessary to establish compliance on the part of prpyed.by the Treasurer or of the Controller with this section, as well as the failure of any owner or person to comply with the require- ments of this section, shall be sufficiently proven in any court by affidavit of the Treasurer or of any officer of the Treasury Department of Ontario.
Books of Bocount to be kept.
Penalty.
affidavit.
Inquiry as to amount of tax col- lectable.
Rev. Stat, o. 19.
(6) Any officer authorized by the Treasurer may make such inquiry as he may deem necessary to ascertain tfie amount of any tax collectable by any owner under this Act, and for the purposes of such inquiry, such officer shall have all the powers and authority that may be conferred upon a Com- missioner appointed under The Public Inquiries Act.
Notice of accounting.
o/conffoi- ^^^ "^^ return or information supplied by or on behalf of
ler not anv owner shall be binding upon the Treasurer or the Con-
bound by - ,. ^ , . .
returns. troller, and notwithstandmg any such return or mformation,
or in the absence of any return or information, the Controller
may determine the amount of the tax collectable by any owner.
(8) After examination of the return of the owner the Con- troller shall send a notice of accounting to such owner verifying or altering the amount of tax shown to be collectable by the owner in his return, and any additional tax found to be collectable over the amount shown in the return shall be remitted within one month from the date of mailing of the notice of accounting, and subject to section 13, such additional tax shall bear interest at the rate of four per centum per annum calculated from the last date prescribed for making such return to the date of remission to the Treasurer.
Sn-'Siyme'nt . ^^^ '^ ''».">" ^wner fails to remit such additional tax and
of ad<
taxes.
itionai mterest within one month after the date of the mailing of the notice of accounting, the owner shall pay, in addition to the . 118
7
interest provided by subsection 8, interest at the rate of three per centum per annum upon such additional tax from the ' expiry of the period of one month after the date of the maihng of the notice of accounting to the date of remission to the Treasurer.
15. — (1) The Treasurer may refund before or after the Refunds, issue of the notice of accounting any amount which the owner has remitted in excess of the taxes collectable or of the interest or penalties payable by him, if application in writing is made therefor by the owner within six months of the date of remis- sion of the tax or the date on which the notice of accounting was issued.
(2) Any refund under this section may be paid with interest idem, at the rate of three per centum per annum calculated upon the amount by which the tax remitted exceeds the amount of tax collectable as determined in the notice of accounting, provided that in no case shall interest be paid where the refund of tax is less than S50.
16. Notwithstanding any prior accounting or where no Continuance accounting has been made, the owner shall continue to be
liable for any tax which is collectable and which has not been remitted by him under this Act.
17. Upon default of remission by any owner of any tax Recovery of collectable by him or any penalty payable by him under this penalty. Act,—
(a) the Treasurer may bring an action for recovery thereof
in any court in which a debt or money demand of a similar amount may be collected, and every such action shall be brought and executed in and by the name of the Treasurer or his name of office and may be continued by his successor in office as if no change had occurred, and shall be tried without a jur\';
(b) the Treasurer may issue a warrant and direct it to
the sheriff of any county or district in which any property of the owner is located or situate, for the amount of the tax, interest and penalty, or any of them owing by the owner to the Treasurer, together with interest thereon from the date of the issue of the warrant and the costs, expenses and poundage of the sheriff, and such warrant shall have the same force and effect as a writ of execution issued out of the Supreme Court; or
(c) the Treasurer or any officer authorized by him may
enter upon the premises of the owner or any other
118
8
place in Ontario where the books or records of the owner or any part of them are kept and make such investigation and examination as he may deem necessary, and may seize all or any of such books and records and may, by notice in writing, require that any i)erson who ma>' be indebted to such owner shall pay such indebtechiess to the Treasurer.
Information jg ^,-,,. information or complaint with respect to any
or oompiuint ' -^ • . t i • i
within three violation of this Act or the regulations may be laid or made * *"* within three years from the time when the matter of such
information or complaint arose.
poyabVe^to 10- I'^xcept where otherwise specificall>- provided, the
Treasurer, penalties imposed by this Act shall be recoverable under The R«v^gStat.. Summary Convictions Act and shall be payable to the Treasurer.
Remedies for recovery of tax and penalties.
20. The use of any remedy shall not bar or affect any other remedy and the remedies provided by this Act for the recovery and enforcement of payment or collection, or both, of any tax or penalty, or both, imposed by this Act shall be in addition to any other remedies existing by law, and no action or other proceeding shall in any .way prejudice, limit or affect any lien, charge or priority existing under this Act or otherwise.
ser'ving'^ ^^ 21. — (1) A notice under clause c of subsection 1 of section notice. J 7 may be served personally or by prepaid registered post
addressed to such person at the address indicated in the books or records of the owner, and the receipt of payment of the amount of the indebtedness by the Treasurer shall constitute a good and sufficient discharge of the liability of such person to the owner to the extent of the amount indicated in the receipt.
Liability of debtor.
(2) Any person discharging any liability to an owner owing ta.xes collectable by him or penalties payable by him, or both, under this Act after the service of the notice referred to in subsection 1 shall be personally liable to the Treasurer to the extent of the amount of the liability discharged between such person, and such owner or to the extent of the amount of taxes collectable by such owner, or interest and penalties payable by him, or both, owing under this Act, whichever is the lesser amount, and the Treasurer shall have the same remedies for the recovery of such amount from such person as he has for the recovery from the owner of a tax collectable or penalty payable by him under this Act.
Priority of tax.
22. Every tax collectable and every penalty payable by any owner under this Act shall be a first lien and charge upon his property in Ontario.
118
23. Every person who violates any of the provisions of^®jJ^®.^^^ this Act or the regulations for which no other penalty is provided, shall be guilty of an offence and liable to a penalty
of not less than $50 and not more than $500.
24. The Lieutenant-Governor in Council may make regu- Regulations. lations, —
(a) authorizing or requiring the Deputy Treasurer or any other officer of the Treasury Department to exercise any power or perform any duty conferred or imposed upon the Treasurer by this Act;
(b) providing for the collection of the tax imposed under
this Act by the issuance of tickets wherever it is deemed advisable;
(c) providing for the exemption of the purchaser from the
payment and the owner from the collection of the tax that would otherwise be payable and collectable under this Act where the Treasurer, in his absolute discretion, determines that the entertainment given, amusement provided or game played is for religious, charitable or educational purposes; and
{d) respecting any other matter necessary or advisable to carry out effectively the purpose of this Act.
25. Declarations or affidavits in connection with returns Declarations under this Act may be taken before any person having author- affidavits, ity to administer an oath, or before any person specially authorized for that purpose by the Lieutenant-Governor in Council, but any person so specially authorized shall not
charge any fee therefor.
26. — (1) No person employed in the service of His Majesty secrecy, shall communicate or allow to be communicated to any person not legally entitled thereto, any information obtained under this Act, or allow any such person to inspect or have access to any written statement furnished under this Act.
(2) Any person violating the provisions of this section Penalty, shall be guilty of an offence and liable to a penalty of not more than $200.
27. This Act shall come into force on a day to be named by commen^ej^ the Lieutenant-Governor by his Proclamation.
28. This Act may be cited as The Hospitals Tax Act, 1948. short title.
118
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Amusements Aid to Is. |
No. 118
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to impose a Tax on Amusements to Provide for Greater Aid
to Public Hospitals.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
No. 118 1948
BILL
An Act to impose a Tax on Amusements to Provide for Greater Aid to Public Hospitals.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —
1. In this Act, — interpreta-
tion,—
(a) "admission" includes enti y to any place of amusement "admission' where any charge is made or fee is collected after
entry;
(b) "Controller" means the Controller of Revenue; ie?"!'*'"''^'
• ■■ II.
(c) "owner" means a person who operates a place of °^'^®'" •
amusement in Ontario;
(d) "place of amusement" means any theatre, moving- amuse-^*^ picture hall, dance hall, amusement hall, concert "^®°*"' hall, music hall, circus, side-show, carnival, amuse- ment park, race-course, baseball park, athletic park, skating rink, or place at or in which an exhibition
or entertainment is given or amusement is provided or facilities are provided therefor or game is played, where an entrance fee is charged or fee collected through the sale of tickets or otherwise, or where after admission a charge is made or fee collected, and includes any place where dances are held or facilities for dancing provided or a performance or entertainment is given before, during or after the service of meals or refreshments;
(e) "price of admission" includes any charge made or fee admission";
collected after admission to a place of amusement, and any charge made in a place of amusement for meals or refreshments that are served in conjunction with any dance, performance or entertainment;
118
"purchuser";
"regula- tions";
(/) "purchaser" means any person who purchases admis- sion to any place of amusement;
(g) "regulations" mean regulations made under the authority of this Act; and
"Trettaurer". Licences.
(h) "Treasurer" means the Treasurer of Ontario.
2. — (1) No owner shall sell admission to a place of amuse- ment unless a licence therefor has been, upon his application, issued to him under this Act, and unless such licence is in force at the time of sale.
Expiry.
(2) Such licence shall remain in force until the 31st day of March next following the date of issue.
Application. (3) jj^g application for such licence shall be filed with the Controller.
i?cenc 's* °^ ' ('^^ Such Hcencc shall be granted by the Treasurer or by such officer as he may appoint, upon payment by the owner of $1 to the Treasurer for the use of His Majesty in right of Ontario.
oMiceifceT (^^ Such licence shall be placed in public view in the office of the owner at which admission is sold to the purchaser.
onfcences"" ^^^ ^^^ Treasurer may cancel or suspend the licence of, or ma\' refuse to issue a licence to, any owner who has been found guilty of an offence under this Act.
Information.
Tax.
Disposition of tax.
1948. c.
(7) The application for a licence shall contain the name and address of the owner; and if such owner is a partnership, the names and addresses of each partner; and if the owner is a corporation, club, association or syndicate, the name and address of the president, if he resides in Ontario, and if not, the name and address of its resident manager or representative, and the address of its chief place of business in Ontario.
3. Every purchaser shall pay to the Treasurer for the use of His Majesty in right of Ontario a tax at the rate of twenty per centum calculated upon the price of admission charged by the owner, and, in the calculation, every fraction of less than one-half cent shall not be counted and every fraction of one-half cent or more shall be counted as one cent.
4. — (1) The taxes paid under this Act, less the expenses of collection thereof shall be paid into the fund established under The Hospitals Aid Act, 1948.
ex°pl*n^8." ^2) ^^^^ expenses of collecting the taxes imposed by this
Act shall be paid out of the Consolidated Revenue Fund, and
118
at the end of each fiscal year the Consolidated Revenue Fund shall be reimbursed for the sums so paid out from the taxes imposed by this Act.
5.— (1) Every owner shall, as the agent of the Treasurer, Collection. collect the tax imposed by this Act.
(2) For the purpose of collecting the tax, the Treasuier Arrange- may enter into such arrangement with each owner as he mayc"fiec^tio°n. deem expedient and may provide for the payment of such remuneration to each owner as he may deem proper.
6. Every owner shall inform every purchaser of the price or Price of prices of admission to his place of amusement and of thcandtfax"" amount of the tax to be paid by the purchaser by placing in public view at the office of the owner where admission may be purchased a schedule showing such price or prices and the amount of such tax.
7. Every owner shall, upon the request of the purchaser, Saie deliver to him a writing showing his name, his address, j-^g ^"^^o^^®^- number of his licence issued under this Act, the price of admission charged to the purchaser, and separately stated,
the amount of the tax payable or paid by the purchaser.
8. No owner shall advertise or hold out or state to the Absorption public or to any purchaser, directly or indirectly, that the tax prohibited. or any part thereof imposed by this Act will be assumed or absorbed by the owner or that it will not be considered as an element in the price to the purchaser or, if added, that it or
any part thereof will be refunded.
9. — (1) Where special circumstances exist, whether of a Exemptions. religious, charitable or educational nature or otherwise, the Lieutenant-Governor in Council may, upon application of the owner made to the Treasurer at least ten days before the tax would otherwise be payable, exempt the purchaser from pay- ment and the owner from collection of the tax imposed by this Act.
(2) Where it is shown to the satisfaction of the Treasurer Entertain- that the tax calculated on the price of admission to a place of religious, amusement at or in which an entertainment has been held for or educa-^ the purpose of raising funds for religious, charitable or educa- pos"es! ^^^' tional purposes, was collected and paid to the Treasurer in accordance with this Act, and where the owner files with the Controller a statement, verified by his affidavit, giving in detail all receipts and expenses in connection with the enter- tainment and the receipt of the organization to which the proceeds were donated acknowledging receipt of such proceeds is attached thereto, and where the Treasurer is satisfied that
118
such organization is one the operations of which are carried on exclusively for religious, charitable or educational purposes or for any combination of such purposes, the Treasurer may pay to such organization an amount equal to that proportion of the tax so collected and paid which the proceeds acknowl- edged as received by such organization bear to the gross amount received by the owner as the price of admission to such entertainment.
Monthly returns.
Verification of returns.
Penalty for sale of ad- mission unless licensed.
10. — (1) Every owner shall, as the agent of the Treasurer, on or before the tenth day of each month, without notice or demand, deliver to the Controller such return as is required for the purposes of carrying out the provisions of this Act.
(2) The return shall be verified b>- the certificate of the owner, and, if the owner is not an individual, of his president or his resident manager or representative in Ontario, certi- fying that the financial statements for the preceding month, attached to the return, showing the receipts of the place of amusement, the amount of the tax collectable under this Act and such other information as is required, are in agreement with the books of the owner and exhibit truly and correctly all the business of the owner at his place of amusement during the preceding month.
11. — (1) Every owner who fails to comply with subsection 1 of section 2 shall be guilty of an offence and liable to a penalty for each sale, in addition to the costs, of not less than $10 and not more than $1,000 and, in default of payment of the costs and penalty, to imprisonment for three months.
falhfre^ti*"" (2) Every purchaser who fails to pay the tax imposed pay tax. under this Act shall be guilty of an offence and shall be liable to a penalty of not less than $10 and not more than $200.
Penalty for failure to collect tax.
(3) Every owner who refuses or neglects to collect, account for or remit the amount of the tax in accordance with this Act or the regulations, shall be guilty of an offence and shall be liable, in addition to the remittance of the tax, to a penalty for each day during which such offence continues, of not less than $10 and not more than $1,000 and in default of payment, to imprisonment for three months.
defaui^iJ"" (4) Every owner who fails to comply with subsection 1 of niing return, section 10 shall pay a penalty of five per centum of the tax
collectable by such owner; provided that in no case shall such
penalty be more than $500.
(5) When any owner fails to complete the information required on the monthly return to be delivered to the Con- troller under subsection 1 of section 10, such owner shall be
118
Failure to
complete
return.
liable to a penalty of one per centum of the tax collectable by him; provided that in no case shall such penalty be less than $1 or more than $20.
(6) Every employee of an owner who permits or authorizes Penalty for or is a party or privy to, the admission of any purchaser to a coViect tax. place of amusement without collecting from such purchaser
the tax imposed under this Act, shall be guilty of an offence and shall incur a penalty of not less than $20 and not more than $500.
(7) In addition to the penalties provided by this Act, the injunction. Treasurer may apply to a judge of the Supreme Court for an injunction against any owner who sells admission to his place
of amusement without having been granted a licence under this Act, which is still in force, ordering him to cease selling such admission and to close his place of amusement until a licence is granted and all costs are paid.
12. The Treasurer may, before or after the time for Time for making it, enlarge the time for making any return, return^
13. — (1) Every owner shall remit with the monthly return payment of required by subsection 1 of section 10, the amount of the tax cofie*c^tabie. collectable by him as shown therein.
(2) When any owner remits less than the amount of the tax where pay- collectable as shown by the return, he shall pay interest at than amount the rate of seven per centum per annum upon the deficiency '■®^"^'"® • calculated from the date of default until the date of remission to the Treasurer.
14. — (1) If the Controller, in order to enable him to make Deinand for an accounting of the tax collectable by the owner under this information. Act, or for any other purpose desires any information or additional information, or a return from any owner who has not made a return or a complete or sufficient return, he may, by registered letter, demand from such owner or from the president, manager, secretary, or any director, agent or representative thereof, such information, additional informa- tion or return, and the owner, president, manager, secretary, or any director, agent or representative upon whom such a demand is made shall deliver to the Controller such informa- tion, additional information or return within thirty days of the mailing of such registered letter.
(2) The Controller may, by registered letter, require the Production production under oath or otherwise, by any owner or the accounts,' president, manager, secretary, or any director, agent or repre-®*^- sentative of such owner, or by any person, partnership, syndi- cate, trust or company holding or paying or liable to pay any
118
portion of the income of such owner, or by any partner, agent or official of any such person, partnership, syndicate, trust or company, of any letters, accounts, invoices, statements or other documents.
Books of account to be kept.
Penalty,
(3) If any owner fails or refuses to keep adequate books or accounts for the purposes of ascertaining the amount of the tax collectable by him under this Act, the Controller may require such owner to keep such records and accounts as he ma>' prescribe.
(4) For every default in complying with the provisions of subsections 1 to 3 the owner or the persons, or both, in default shall jointly and severally be liable to a penalt}- of S25 for each day during which the default continues.
Compliance of Treasurer
proved by affldiivit.
(5) For the purpose of any proceedings taken under this etc^°to^be"^'^^*^^' ^^^ facts necessary to establish compliance on the part of the Treasurer or of the Controller with this section, as well as the failure of any owner or ;>erson to comply with the require- ments of this section, shall be sufficiently proven in any court by affidavit of the Treasurer or of any officer of the Treasury Department of Ontario.
Inquiry as to amount of tax col- lectable.
Rev. Stat., c. 19.
Treasurer or Control- ler not bound by returns.
Notice of accounting.
(6) Any officer authorized by the Treasurer may make such inquiry as he may deem necessary to ascertain the amount of any tax collectable by any owner under this Act, and for the purposes of such inquiry, such officer shall have all the powers and authority that may be conferred upon a Com- missioner appointed under The Public Inquiries Act.
(7) No return or information supplied by or on behalf of any owner shall be binding upon the Treasurer or the Con- troller, and notwithstanding any such return or information, or in the absence of any return or information, the Controller may determine the amount of the tax collectable by any owner.
(8) After examination of the return of the owner the Con- troller shall send a notice of accounting to such owner verifying or altering the amount of tax shown to be collectable by the owner in his return, and any additional tax found to be collectable over the amount shown in the return shall be remitted within one month from the date of mailing of the notice of accounting, and subject to section 13, such additional tax shall bear interest at the rate of four per centum per annum calculated from the last date prescribed for making such return to the date of remission to the Treasurer.
non-plym/nt . ^^^ '^ ^">" o^'^^r fails to remit such additional tax and
tixlf.'*'"*""*' interest within one month after the date of the mailing of the
notice of accounting, the owner shall pay, in addition to the
118
interest provided by subsection 8, interest at the rate of three per centum per annum upon such additional tax from the expiry of the period of one month after the date of the maiHng of the notice of accounting to the date of remission to the Treasurer.
15.— (1) The Treasurer may refund before or after the Refunds, issue of the notice of accounting any amount which the owner has remitted in excess of the taxes collectable or of the interest or penalties payable by him, if application in writing is made therefor by the owner within six months of the date of remis- sion of the tax or the date on which the notice of accounting was issued.
,(2) Any refund under this section may be paid with interest idem, at the rate of three per centum per annum calculated upon the amount by which the tax remitted exceeds the amount of tax collectable as determined in the notice of accounting, provided that in no case shall interest be paid where the refund of tax is less than $50.
16. Notwithstanding anv prior accounting or where no Continuance
, , 1 ' 1 11,. 1 of liability.
accounting has been made, the owner shall continue to be liable for any tax which is collectable and which has not been remitted by him under this Act.
17. Upon default of remission by any owner of any tax Recovery of
tRX or
collectable by him or any penalty payable by him under this penalty. Act,—
(a) the Treasurer may bring an action for recovery thereof
in any court in which a debt or money demand of a similar amount may be collected, and every such action shall be brought and executed in and by the name of the Treasurer or his name of office and may be continued by his successor in office as if no change had occurred, and shall be tried without a jury;
(b) the Treasurer may issue a warrant and direct it to
the sheriff of any county or district in which any property of the owner is located or situate, for the amount of the tax, interest and penalty, or any of them owing by the owner to the Treasurer, together with interest thereon from the date of the issue of the warrant and the costs, expenses and poundage of the sheriff, and such warrant shall have the same force and effect as a writ of execution issued out of the Supreme Court; or
(c) the Treasurer or any officer authorized by him may
enter upon the premises of the owner or any other
118
8
place in Ontario where the books or records of the owner or any part of them are kept and make such investigation and examination as he may deem necessary, and may seize all or any of such books and records and may, by notice in writing, require that any person who may be indebted to such owner shall pay such indebtedness to the Treasurer.
or'oompVa°nt ^®' ^"V information or complaint with respect to any within three violation of this Act or the regulations may be laid or made
within three years from the time when the matter of such
information or complaint arose.
payable ^to 10- Except where otherwise specifically provided, the Treasurer, penalties imposed by this Act shall be recoverable under The ^*i36^*"*" Summary Convictions Act and shall be payable to the Treasurer.
Remedies for recovery of tax and penalties.
20. The use of any remedy shall not bar or affect any other remedy and the remedies provided by this Act for the recovery and enforcement of payment or collection, or both, of any tax or penalty, or both, imposed by this Act shall be in addition to any other remedies existing by law, and no action or other proceeding shall in any way prejudice, limit or affect any lien, charge or priority existing under this Act or otherwise.
se^vln^ °^ ^^- — (^) ^ notice under clause c of subsection 1 of section notice. 17 may be served personally or by prepaid registered post
addressed to such person at the address indicated in the books or records of the owner, and the receipt of payment of the amount of the indebtedness by the Treasurer shall constitute a good and sufficient discharge of the liability of such person to the owner to the extent of the amount indicated in the receipt.
Liability of debtor.
(2) Any person discharging any liability to an owner owing taxes collectable by him or penalties payable by him, or both, under this Act after the service of the notice referred to in subsection 1 shall be personally liable to the Treasurer to the extent of the amount of the liability discharged between such person, and such owner or to the extent of the amount of taxes collectable by such owner, or interest and penalties payable by him, or both, owing under this Act, whichever is the lesser amount, and the Treasurer shall have the same remedies for the recovery of such amount from such person as he has for the recovery from the owner of a tax collectable or penalty payable by him under this Act.
Priority of tax.
22. Every tax collectable and every penalty payable by any owner under this Act shall be a first lien and charge upon his property in Ontario.
118
23. Every person who violates any of the provisions of°®'^®^^^ this Act or the regulations for which no other penalty is provided, shall be guilty of an offence and liable to a penalty
of not less than $50 and not more than $500.
24. The Lieutenant-Governor in Council may make regu- Regulations, lations, —
(a) authorizing or requiring the Deputy Treasurer or any other officer of the Treasury' Department to exercise any power or perform any duty conferred or imposed upon the Treasurer by this Act;
(b) providing for the collection of the tax imposed under
this /\ct by the issuance of tickets wherever it is deemed advisable;
(c) providing for the exemption of the purchaser from the
payment and the owner from the collection of the tax that would otherwise be payable and collectable under this Act where the Treasurer, in his absolute discretion, determines that the entertainment given, amusement provided or game played is for religious, charitable or educational purposes; and
(d) respecting any other matter necessary or advisable to carry out effectively the purpose of this Act.
25. Declarations or affidavits in connection with returns Declarations under this Act may be taken before any person having author- affidavits. ity to administer an oath, or before any person specially authorized for that purpose by the Lieutenant-Governor in Council, but any person so specially authorized shall not
charge any fee therefor.
26. — (1) No person employed in the service of His Majesty secrecy, shall communicate or allow to be communicated to any person not legally entitled thereto, any information obtained under this Act, or allow any such person to inspect or have access to any written statement furnished wnder this Act.
(2) Any person violating the provisions of this section Penalty. shall be guilty of an offence and liable to a penalty of not more than $200.
27. This Act shall come into force on a day to be named by Commence- the Lieutenant-Governor by his Proclamation.
28. This Act may be cited as The Hospitals Tax Act, 1948. Short title.
118
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No. 119
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to provide for Greater Aid to Public Hospitals.
Mr. Kelley
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
This Bill is designed for the purpose of providing for greater aid to public hospitals.
It will become eflfective by Proclamation as soon as the Dominion vacates the amusement tax field.
It is complementary to Bill No. 118, An Act to intposea Taxon Amuse- ments to Provide for Greater Aid to Public Hospitals.
119
No. 119 1948
BILL
An Act to provide for Greater Aid to Public Hospitals.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act,- L"&-
(a) "dependant" means a dependant within the meaning ^j'^epen- of The Public Hospitals Act; Rev. stat..
^ c. 390.
{h) "Fund" means Hospital Aid Fund; "Fund";
(c) "hospital" means a hospital to which The Public •'hospital":
Hospitals Act applies;
(d) "Minister" means the member of the Executive "Minister";
Council to whom the administration of The Public Hospitals Act is assigned;
(e) "municipality" means a municipality within the mean- "^,""1?!'
ing of The Public Hospitals Act;
(/■) "patient" means a patient within the meaning of r^g "patient"; Public Hospitals Act;
(g) "resident" means a resident within the meaning of The "resident"; Public Hospitals Act;
(h) "Treasurer" means Treasurer of Ontario;
'Treasurer'
(*) "treatment has the same meaning as in The Public "treatmenf Hospitals Act.
2.— (1) There shall be a fund known as the "Hospital /^id ^i°d^^*^nd. Fund" and there shall be kept on the books of the Treasurer an account to be known as the "Hospital Aid Fund Account".
Payments (2) There shall be paid mto the bund, — into Fund.
119
1048. o.
Regula- tions.
(a) all unexpended moneys appropriated by the Legis-
lature for aid to hospitals; and
(b) all moneys collected under The Hospitals Tax Act,
1948, less the expenses of collection of such moneys,
and if the amount at the credit of the Fund is insufficient to meet the sums required under this Act, the deficiency shall be made up out of the Consolidated Revenue Fund.
3. — (1) The Lieutenant-Governor in Council may make regulations, —
Idem.
Surpluseu.
Qrants in aid.
Liability for
indigent
patients.
(o) prescribing classes of grants;
(6) prescribing methods of determining the amounts of grants;
(c) providing for the manner and times of payment of
grants;
(d) providing for the suspension or withholding of grants and for the making of deductions from grants;
(e) respecting any other matter necessary or advisable to
carry out effectively the purpose of this Act.
(2) The classes, groups, grades, total bed capacity and public ward bed capacity of hospitals for the purpose of the regulations made under subsection 1 shall be as set out from time to time in the regulations under The Public Hospitals Act.
(3) Any moneys remaining in the P'und at the end of a fiscal year shall be carried forward to the ensuing fiscal year.
(4) The moneys in the Fund shall be disbursed as grants to aid hospitals and to no other purpose.
4. When any patient in a hospital is an indigent person or a dependant of an indigent person, the municipality in which such person was resident at the time of admission shall be liable to the hospital for payment of the charges for treatment of such patient at the following rates:
Rev. Stat.. 0. 390.
(fl) in the case of a hospital which in the regulations under The Public Hospitals Act is classed as a Group A hospital, at the rate of $3 per day; and
(6) in the case of a hospital which in the regulations under The Public Hospitals Act is classed as a Group B hospital, at the rate of $2.50 per day; and
119
(c) in the case of all other hospitals, at the rate of $2.25 per day.
5. The Public Hospitals Act is amended as follows: Repeal.
1. Clause J of section 1 is repealed.
2. Clause gg of section 4, as enacted by section 1 of The
Public Hospitals Amendment Act, 1945, is repealed,
3. Clause h of section 4 is repealed.
4. Section 10 is amended by striking out the words
"under this Act" in the third line.
5. Section 16, as re-enacted by section 4 of The Public
Hospitals Amendment Act 1945 and amended by section 1 of The Public Hospitals Amendment Act, 1947, is repealed.
6. Section 17 is amended by striking out the words "in
lieu of under this Act" at the end thereof.
7. Section 21 is amended by striking out the words "as
provided for in this Act" at the end thereof.
8. Subsection 1 of section 24 is amended by striking out
the words "liable under this Act" in the fifth line.
9. Subsection Ic of section 24, as enacted by section 3 of
The Public Hospitals Amendment Act, 1940, is amended by striking out the words "as provided for in this Act" at the end thereof.
10. Section 26 is amended by striking out the words
"under this Act" in the third and tenth lines re- spectiveh'.
11. Section 28 is amended by striking out the words
"under this Act" in the first hne.
12. Section 31 is repealed.
13. Section 32 is repealed.
6. This Act shall come into force on a da\- to be named by ^^^^'"^^^"^^j^ the Lieutenant-Governor by his Proclamation.
7. This Act may be cited as The Hospitals Aid Act, 1948. short title.
119
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No. 119
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to provide for Greater Aid to Public Hospitals.
Mr. Kelley
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
No. 119 1948
BILL
An Act to provide for Greater Aid to Public Hospitals.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1 In this Act — Interpre-
X. HI UH& i-iLL, tation. —
(a) "dependant" means a dependant within the meaning ''depen- of The Public Hospitals Act: Rev. stat.,
c. 390.
{h) "Fund" means Hospital Aid Fund; "Fund";
(c) "hospital" means a hospital to which The Public -ixospitsLi";
Hospitals Act applies;
(d) "Minister" means the member of the Executive "Minister";
Council to whom the administration of The Public Hospitals Act is assigned;
(e) "municipality" means a municipality within the mean-"inunici-
ing of The Public Hospitals Act;
(f) "patient" means a patient within the meaning of The "p^^^^^^" •
Public Hospitals Act;
(g) "resident" means a resident within the meaning of The "resident";
Public Hospitals Act;
> (h) "Treasurer" means Treasurer of Ontario; "Treasurer"
(i) "treatment has the same meaning as in The Public 'treatment' Hospitals Act.
2.— (1) There shall be a fund known as the "Hospital Aid ^^j^^^^^^^d. Fund" and there shall be kept on the books of the Treasurer an^account to be known as the "Hospital Aid Fund Account".
(2) There shall be paid into the Fund, — into Fund.
119
1948. o.
Regula- tions.
Idem.
Surpluses.
Orants in aid.
Liability for
indigent
patients.
Rev. Stat., c. 390.
(a) all une.xijended moneys appropriated !)>• the Legis-
lature for aid to hospitals; and
(b) all moneys collected under The Hospitals lax Act,
1948, less the expenses of collection of such mone>s,
and if the amount at the credit of the Fund is insufficient to meet the sums required under this Act, the deficiency shall be made up out of the Consolidated Revenue Fund.
3. — (1) The Lieutenant-Governor in Council may make regulations, —
(a) prescribing classes of grants;
(6) prescribing methods of determining the amounts of grants;
(c) providing for the manner and times of payment of
grants;
id) providing for the suspension or withholding of grants and for the making of deductions from grants;
(c) respecting any other matter necessar\ or advisable to carry out effectively the purpose of this Act.
(2) The classes, groups, grades, total bed capacity and public ward bed capacity of hospitals for the purpose of the regulations made under subsection 1 shall be as set out from time to time in the regulations under The Public Hospitals Act.
(3) Any moneys remaining in the Fund at the end of a fiscal year shall be carried forward to the ensuing fiscal year.
(4) The moneys in the Fund shall be disbursed as grants to aid hospitals and to no other purpose.
4. When any patient in a hospital is an indigent person or a dependant of an indigent person, the municipality in which such person was resident at the time of admission shall be liable to the hospital for payment of the charges for treatment of such patient at the following rates:
(a) in the case of a hospital which in the regulations under The Public Hospitals Act is classed as a Group A hospital, at the rate of S3 per day; and
(6) in the case of a hospital which in the regulations under The Public Hospitals Act is classed as a Group B hospital, at the rate of $2.50 per day; and
119
(c) in the case of all other hospitals, at the rate of S2.25 per day.
5. The Public Hospitals Act is amended as follows: Repeal.
1. Clause J of section 1 is repealed.
2. Clause gg of section 4, as enacted by section 1 of The
Public Hospitals Amendment Act, 1945, is repealed.
3. Clause h of section 4 is repealed.
4. Section 10 is amended by striking out the words
"under this Act" in the third line.
5. Section 16, as re-enacted by section 4 of The Public
Hospitals Amendment Act 1945 and amended bi- section 1 of The Public Hospitals Amendment Act, 1947, is repealed.
6. Section 17 is amended by striking out the words "in
lieu of under this Act" at the end thereof.
7. Section 21 is amended by striking out the words "as
provided for in this Act" at the end thereof.
8. Subsection 1 of section 24 is amended by striking out
the words "liable under this Act" in the fifth line.
9. Subsection Ic of section 24, as enacted by section ?> of
The Public Hospitals Amendment Act, 1940, is amended by striking out the Nvords "as provided for in this Act" at the end thereof.
10. Section 26 is amended by striking out the words
"under this Act" in the third and tenth lines re- spectively.
11. Section 28 is amended by striking oul the words
"under this Act" in the first line.
12. Section 31 is repealed.
13. Section 32 is repealed.
6. This Act shall come into force on a day to be named by ^^^^'"^^^"^jj the Lieutenant-Governor by his Proclamation.
7. This Act may be cited as The Hospitals Aid Act, 1948. Short title.
119
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No. 120
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Farm Products Grades and Sales Act.
Mr. Kennedy
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
The provision is required in order to prevent persons transporting farm products from one area to another from evading the inspection requirement of the Act.
120
No. 120 1948
BILL
An Act to amend The Farm Products Grades and Sales Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 3 of The Farm Products Grades and Sales ^c/. Rev. staf..
c 307 s 3
as amended by section 2 of The Farm Products Grades a«<i amended. Sales Amendment Act, 1939, is further amended by adding thereto the following subsection:
(3) The Minister may, by order, require persons in charge Minister of farm products that are being transported from an transporters area designated by him to proceed to a designated \q I'n^plc-^ highway inspection point and to remain there until ^'^'^ p*^^"*- the farm products are inspected.
2. This Act shall come into force on the day upon which itcommence-
^1 T> 1 A ^ ment of Act.
receives the Royal Assent.
3. This Act ma\' be cited as The Farm Products Grades and Short title. Sales Amendment Act, 1948.
120
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No. 120
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Farm Products Grades and Sales Act.
Mr. Kennedy
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 120 1948
BILL
An Act to amend The Farm Products Grades and Sales Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 3 of The Farm Products Grades and Sales ^c/, Rev. stat..
c 307 s 3
as amended by section 2 of The Farm Products Grades awrf amended. ' Sales Amendment Act, 1939, is further amended by adding thereto the following subsection :
(3) The Minister may, by order, require persons in charge Minister of farm products that are being transported from an transporters area designated by him to proceed to a designated \q fns°pec-*^ highway' inspection point and to remain there until *^°" point, the farm products are inspected.
2. This Act shall come into force on the day upon which itcommence- receives the Royal Assent. "'^"^ °^ ^^*-
3. This Act may be cited as The Farm Products Grades and short title. Sales Amendment Act, 1948.
120
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Xo. 121
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Highway Improvement Act.
Mr. Doucett
TORONTO Printed and Published by Baptist Johnston- Printer TO THE King's Most Excellent Majesty
Explanatory Notes
Section 1. Subsection 7 of section 12 now reads as follows:
(7) Where a by-law has been heretofore passed for the purpose of establishing a county road system the council of the county, with the approval of the Lieutenant-Governor in Council, may amend such by-law in accordance with the foregoing provisions of this Part.
The amendment makes it clear that by-laws amending the county road by-law may add roads to or remove roads from the county road system.
Section 2. The estimated expenditure will now be based on the assessment roll on which taxation for the previous year has been levied.
121
No. 121 1948
BILL
All Act to amend The Highway Improvement Act.
HIS MAJESTY, b}- and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 7 of section 12 of The Highway Improvement ^^^a ^^^h'
Act is repealed and the following substituted therefor: subs.'?, re-*
enacted.
(7) Where a by-law has been passed for the purpose of o/^^^fjJws"' establishing a county road system, the council of the
county with the approval of the Lieutenant-Governor in Council may amend the by-law by adding roads to or removing roads from the county road system, or in any other manner.
(8) Where a road is removed from a county road system ^°^,g^ ^j.®^^^
pursuant to subsection 7, such road shall thereupon system. revert or be transferred to the corporation of the local municipality in which it is situate.
2. Section 52h of The Highway Improvement Act, as enacted ^^56,^*^52*
by subsection 1 of section 9 of The Highway Improvement '^^^^•^ g
Amendment Act, 1947, is amended by striking out the words ■^"t>^i)\ <i 1 1 1 1 , • II, • 1 -1 , amended,
that year have been or are to be levied m the eighteenth
and nineteenth lines and inserting in lieu thereof the words
"the previous year have been levied", so that the said section
shall now read as follows:
S2h. In the case of a town or village which forms part of a ^^pe^diufre county for municipal purposes, the amount of the for calendar estimated expenditure for any calendar year provided for in a by-law passed under this Part shall not exceed a sum equal to twice the amount levied upon such town or village by the county in the previous year under the by-law mentioned in section 12 exclusive of any part thereof levied for the purpose of paying off the town's or village's share of any debenture or other debt of the county, and in all other cases the amount of ihe estimated expenditure for any calendar
121
year shall not exceed a sum equal to ihal which would l)e produced from the levy by the council of the city, town or village of a rate of two mills in the dollar upon all the rateable property in the municipality according to the last revised assessment roll thereof f)n which the rates of general municipal taxation for the jirevious \ear have been levied.
men't'^ff"* ( ^' ^^^^ Act shall come into force on' the day upon which it receives the Royal Assent.
Short title. 4. This Act may be cited as The Highway Improvement Amendment Act, 1948.
121
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No. 121
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Highway Improvement Act.
Mr. Doucett
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 121 1948
BILL
An Act to amend The Highway Improvement Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 7 of section 12 of The Iltphzvav Improvement '^^^}'a ^^^'^^■^
A • 11 1 1 r II • 1 • . . ' ,• *^'- "^6' ''^ 12,
Act is repealed and the lollowing substituted therefor: subs. 7, re-
enacted.
(7) Where a by-law has been passed for the purpose of of"J®"i!j"^.®,"* establishing a county road system, the council of the
county with the approval of the Lieutenant-Governor in Council may amend the by-law by adding roads to or removing roads from the county road system, or in any other manner.
(8) Where a road is removed from a countv road svstem 2:^^^^ "^^^
^ ' 1 . p. . _ moved irom
pursuant to subsection 7, such road shall thereupon system.
revert or be transferred to the corporation of the
local municipality in which it is situate.
2. Section S2h of The Highway Improvement Act, as enacted ^^s'e.l^^MA by subsection 1 of section 9 of The Highway Improvement l}^^^-^ 9 Amendment Act, 1947, is amended bv striking out the words •'^"^^i)-,
"... amended.
"that year have been or are to be levied" in the eighteenth and nineteenth lines and inserting in lieu thereof the words "the previous year have been levied", so that the said section shall now read as follows:
hlh. In the case of a town or village which forms part of a ^x^pg'^dulfre county for municipal purposes, the amount of the foi" calendar estimated expenditure for any calendar year provided for in a by-law passed under this Part shall not exceed a sum equal to twice the amount levied upon such town or village by the county in the previous ^-ear under the by-law mentioned in section 12 exclusive of any part thereof levied for the purpose of paying off the town's or village's share of any debenture or other debt of the county, and in all other cases the amount of the estimated expenditure for any calendar
121
year sluiU not exceed a sum equal to that which would be protiuced from the levy by the council of the city, town or village of a rate of two mills in the dollar upon all the rateable property in the municipality according to the last revised assessment roll thereof on which the rates of general municipal taxation for the previous year have been levied.
ment"of"Aot '^' ^ '^'^ ^^^ shall come into force on the day upon which it receives the Royal Assent.
Short title. 4. This Act may be cited as The Highway Improvement Amendment Act, 1948.
121
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No. 122
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Statute Labour Act.
Mr. Doucett
TORONTO
Printed .\nd Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. Subsection 1 of section 10 of The Statute Labour Act is re-enacted for clarification. The only new principle is the p)ower given in clause e to create statute labour boards in a locality which has not been surveyed or laid out into townships.
Section 2. Self-explanatory.
122
No. 122 1948
BILL
An Act to amend The Statute Labour Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 10 of The Statute Labour ^c^.^Yt/s^Vo as amended by subsection 1 of section 1 of The Statute Labour ^^^^/h^^- ' Amendment Act, 1945, is repealed and the following substituted therefor :
enacted.
(1) Twentv resident landholders, — Meeting for
^ ' ' election of
road com- , . . . missioners.
(a) m any unmcorporated township;
(6) in an\- designated part of an\- unincorporated township;
{c) in any two or more contiguous unincorporated townships;
{d) in any designated parts of two or more con- tiguous unincorporated townships; or
(e) in an>- locality Avhich has not been surveyed or laid out into townships,
shall have the right to have a public meeting called for the purpose of electing road commissioners.
2. Subsection 1 of section 30 of The Statute Labour ^^'. ^®274^s*Vo as re-enacted by section 12 of The Statute Labour Amendment ^^^^^-.^ Act, 1945, is amended by striking out the symbol and figures e. 23, 's. 12), "S25" in the tenth line and inserting in lieu thereof the symbol and figures "S50", so that the said subsection shall now read as follows:
(1) The commissioners, at the first meeting after their Eiectk.n^of election, shall elect one of their number as chairman and appoint-
1 I It • ment of
to preside at meetings and shall appoint some com-secretary-
treasurer.
122
petent fjerson who may be one of themselves other than the chairman, as secretary-treasurer and the secretary-treasurer shall .be exempt from the per- formance of statute labour and the commissioners may each year pay to the secretary-treasurer out of the commutation fund such amount, not exceeding $50, as may be fixed by resolution of the com- missioners.
Short title.
li. This Act may be cited as The Statute Labour Amendment Act, 1948.
122
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No. 122
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Statute Labour Act.
Mr. Doucett
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 122 1948
BILL
An Act to amend The Statute Labour Act.
HIS MAJESTY, by and witli the advice and consent of the I>egislative Asseniblj' of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 10 of The Statute Labour Act,^^'^.^^^'^''^--^.
C. *«T4 S. iO
as amended by subsection 1 of section 1 of The Statute Labour sub>^. i, ie- ' Amendment Act, 1945, is repealed and the following substituted ^"'" ° therefor:
(1) Twenty resident landholders,— ^elftioJftff""
road corn- , , . . missioners.
(a) in any unincorporated township;
{b) in any designated part of any unincorporated township;
(c) in any two or more contiguous unincorporated townships;
{d) in an\' designated parts of two or more con- tiguous unincorporated townships; or
(c) in any locality which has not been sui\e\c(l or laid out into townships,
shall have the right to have a public meeting called for the purpose of electing road commissioners.
2. Subsection 1 of section 30 of The Statute Labour ^^^> ^®2^7/*^Vo as re-enacted by section 12 of The Statute Labour Amendment ■^^^^J^ Act, 1945, is amended by striking out the symbol and figures c. 23. 's. 12). "$25" in the tenth line and inserting in lieu thereof the symbol
and figures "$50", so that the said subsection shall now read as follows:
(1) The commissioners, at the first meeting after their Election of
election, shall elect one of their number as chairman and appoint- . , . 1111 • ^ ment of
to preside at meetings and shall appoint some com -secretary- treasurer,
122
petent person who may be one of themselves other than the chairman, as secretary- treasurer and the secretary-treasurer shall be exempt from the per- formance of statute labour and the commissioners may each year pa\' to the secretary-treasurer out of the commutation fund such amount, not exceeding $50, as may be fixed by resolution of the com- missioners.
Short title. 3. Xhis Act may be cited as The Statute Labour Amendment Act, 1948.
122
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No. 123
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act respecting Ski -tows.
Mr. Welsh
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note This Act is new. Its provisions are self-explanatory.
123
No. 123 ]94g
BILL
An Act respecting Ski-tows.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembh- of the Province of Ontario, enacts as follows:
1. In this Act- l^ro^J^
(a) "Minister" means Minister of Travel and Publicity "Minister"; or such other member of the Executive Council to
whom the administration of this Act may be assigned by the Lieutenant-Governor in Council;
(b) "regulations" mean regulations made under the ''.'"^sr'ijf- authority of this Act; and
(c) "ski-tow" means any mechanical ski-tow, mechanical "^'*'"'**''*'-
ski-lift or other similar device.
2. The Lieutenant-Governor in Council may make regu- Reeuiations. lations, —
(a) governing the operation of ski-tows;
(b) requiring the operators of ski-tows to file proof of
financial responsibilit>' with the Minister; and
(c) prescribing the form, terms, conditions, amount,
nature and class of insurance or bond which shall be carried or provided b\' operators of ski-tows.
3. Every person who operates a ski-tow contrary- to theOfrenws and regulations shall be guilty of an offence and on summary conviction shall be liable to a penalty of not less than S50
and not more than $500 or to imprisonment for a term not less than ten days and not more than six mionths, or to both fine and imprisonment.
4-. This Act may be cited as The Ski-tow Act, 1948. short titie.
123
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No. 123
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act respecting Ski-tows.
Mr. Welsh
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 123 194g
BILL
An Act respecting Ski-tows.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act,- l^'tioT-
(a) "Minister" means Minister of Travel and Publicity "Minister"; or such other member of the Executive Council to
whom the administration of this Act may be assigned by the Lieutenant-Governor in Council;
(b) "regulations" mean regulations made under the "/esuia-
1 • r 1 • A 1 tions";
authority or this Act; and
(c) "ski-tow" means any mechanical ski-tow, mechanical''^'^''^^^"-
ski-lift or other similar device.
2. The Lieutenant-Governor in Council may make regu- Regulations, lations, —
(a) governing the operation of ski-tows;
(b) requiring the operators of ski-tows to file proof of
financial responsibility with the Minister; and
(c) prescribing the form, terms, conditions, amount,
nature and class of insurance or bond which shall be carried or provided by operators of ski-tows.
3. Ever v person who operates a ski-tow contrary to the offences and
^ /-(• I ' penalties.
regulations shall be guilty of an offence and on summary conviction shall be liable to a penalty of not less than $50 and not more than S500 or to imprisonment for a term not less than ten days and not more than six months, or to both fine and imprisonment.
4-. This Act mav be cited as The Ski-tow Act, 1948. short title.
123
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No. 124
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Labour Relations Act, 1948.
Mr. Daley
TORONTO
PrintedJand Published by Baptist Johnston
PrinterItoIthe King's Most Excellent Majesty
Explanatory Notes
This Bill, which would replace The Labour Relations Board Act, 1944, The Labour Relations Board Amendment Act, 1946, and The Labour Rela- tions Board Act, 1947, has the effect of continuing the Ontario Labour Relations Board. The sections providing for the appointment and
grescribing the composition and rules governing the operations of the ioard are similar to the corresponding sections of the 1944 Act, but the Board will, under this Bill, consist of a chairman, an alternate chairman and four members. The Bill provides for the enactment of regulations in the same form and to the same effect as any legislation which may be introduced at the current session of the Parliament of Canada and which in the opinion of the Lieutenant-Governor in Council is calculated to cover the same field as Part I of Bill 338 of the 1947 session of the Parliament of Canada. The regulations made under the Act may depart in form and effect from the Dominion legislation only to the extent necessary to vest jurisdiction in the appropriate provincial authorities, to provide for a system of appeals from the Ontario Board to the Dominion Board and to effect a working arrangement between Dominion and provincial authorities. Provision is made for an agreement between the Minister of Labour (Ontario) and the Minister of Labour (Canada).
Section 2 provides for the appointment of the Board and prescribes its powers and duties in a general way. This is similar to section 4 of the 1944 Act.
Section 3 contains several provisions governing the manner in which the Board shall discharge its functions. Each of the provisions is self- explanatory. This is similar to section 5 of the 1944 Act, as amended in 1946.
124
No. 124 1943
BILL
The Labour Relations Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act, — Interpre-
' tatioD. —
(a) "Board" means Ontario Labour Relations Board; "Board";
(b) "Minister" means Minister of Labour; and "Mmister";
(c) "regulations" mean regulations made under this Act. tjo®^!*"
1944, c. 29, s. 1, els. (a-c), amended.
2. — (1) There shall be a board to be known as the Ontario Ontario Labour Relations Board which shall consist of a chairman Relation and not more than four other members. Board.
(2) The Board shall exercise such powers and perform such Powersfand
,. ,. . , . duties of
duties as may be vested m or miposed upon it by this Act or Board, the regulations. 1944, c. 29, s. 4, amended.
3. — (1) The chairman and the other members of the Board Jmce™ °^ shall be appointed by the Lieutenant-Governor in Council and shall hold office during pleasure. 1944, c. 29, s. 5 (1), amended.
(2) The Lieutenant-Governor in Council may appoint an Alternate
. . ^ chairman.
alternate chairman who shall act as the chairman thereof only,—
. (a) at such times or in such matters as the chairman may direct; and
(b) at such times as the chairman is unable to act. 1946, c. 44, s. 3 (1), amended.
(3) Each member of the Board shall, before acting as such, 0^^.°^ take and subscribe before the Clerk of the Executive Council
124
OOloe.
Quorum.
Decision.
Powers re
«r|tl
and shall file in the office of such Clerk, an oath of office in the following form :
"I do solemnly swear that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of meml>er (or chairman or alternate chairman) of the Ontario Labour Relations Board and will not, except in the discharge of my duties, disclose to any person any of the evidence or any other matter brought before the said Board. So help me God."
1944, c. 29, s. 5 (8) ; 1946, c. 44, s. 3 (2).
(4) The office of the Board shall be in Toronto, but the Board may sit at such other places as it deems expedient.
(5) A majority of the members of the Board shall constitute a quorum.
(6) A decision of the majority of the members of the Board present and constituting a quorum shall be the decision of the Board, and in the event of a tie the chairman or acting chairman shall have a casting vote. 1944, c. 29, s. 5 (2-4).
(7) The Board and each member thereof shall have the power of summoning any person and requiring him to give evidence on oath before the Board and to produce such docu- ments and things as may be deemed requisite for the full investigation of an>- matter coming before the Board and shall have the like power to enforce the attendance of witnesses and to compel them to give evidence and to produce docu- ments and things as is vested in any court in civil cases. 1944, c. 29, s. 5 (5), amended.
Brtdence. (3) fhe Board and each member thereof may receive and
accept such evidence and information on oath, affidavit or otherwise as in its or his discretion it or he may deem fit and proper whether admissible as evidence in a court of law or not. 1944, c. 29, s. 5 (6).
Procedure. (9) Subject to the approval of the Lieutenant-Governor in Council, the Board may make rules governing its procedure which are not inconsistent with the regulations and ma\' by such rules provide for the taking of votes on the premises of employers during working hours. 1944, c. 29, s. 5 (7), amended.
Powers of Board.
4. If in any proceeding before the Board a question arises as to whether, —
(a) a person is an employer or employee;
(6) an organization or association is an employers* organization or a trade union ;
(c) in an>- case a collective agreement has been entered 124
Section 4 prescribes certain specific powers of the Board which are set out in the various clauses. It is similar to subsection 1 of section 61 of Bill 338.
124
Skction 5 is self-explanatory, of the 1944 Act.
This section is similar to section 11
Section 6 is self-explanatory.
Section 7, subsection 1 authorizes the making of regulations in the same form and to the same effect as Dominion legislation therein indicated, with only such variations as may in the opinion of the Lieutenant-Governor in Council be neccssiiry for the purposes indicated in clauses a, b and c. Subsection 2 is a further but much more restricted authority for the making of regulations. It is similar to subsection 1 of section 67 of Bill 338.
124
into and the terms thereof and the persons who are parties to or are bound by the collective agreement or on whose behalf the collective agreement was entered into;
(d) a collective agreement is by its terms in full force and effect ;
(e) any party to collective bargaining has failed to meet
and commence to bargain collectively with the other party and made every reasonable effort to conclude a collective agreement or a renewal or revision of an agreement or a new collective agreement, as the case may be;
(/) a group of employees is a unit appropriate for collec- tive bargaining;
(g) an emplo} ee belongs to a craft or group exercising technical skills; or
(h) a person is a member in good standing of a trade union,
the Board shall decide the question and, subject to such right of appeal as may be provided by the regulations, its decision shall be final and conclusive. New.
5. Subject to such right of appeal as may be provided by Orders, etc. the regulations, the orders, decisions and rulings of" the Board final, shall be final and shall not be questioned or reviewed nor shall
an\- proceeding before the Board be removed, nor shall the Board be restrained, by injunction, prohibition, mandamus, quo warranto, certiorari or otherwise by any court, but the Board may, if it considers it advisable to do so, reconsider any decision or order made by it and may vary or revoke any such decision or order. 1944, c. 29, s. 11, amended.
6. The Lieutenant-Governor in Council may appoint a officials and Registrar and such other officials and employees as may be®"^^"^®®®* required for the purposes of the Board. 1944, c. 29, s. 6 (1), amended.
7. — (1) Subject to section 9, the Lieutenant-Governor in Regulations. Council may make regulations that shall be applicable to all employees whose relations with their employers are ordinarily within the exclusive legislative jurisdiction of this Legislature to regulate in the manner provided by such regulations, and to the employers thereof, provided that such regulations shall be in the same form and to the same effect as that part of any Act that may be passed by the Parliament of Canada at the
124
Idem.
session currently in progress, which is designated by the Lieulenant-Governor in Council as being in his opinion legis- lation calculated to cover the same legislative field as Part I of a Bill entitled An Act to provide for the Investigation, Con- ciliation and Settlement of Industrial Disputes introduced in the House of ('opinions of Canada by the Minister of Labour for Canada on the 17th day of June, 1947, and thereupon designated as Bill number 338, with only such variations as may, in the opinion of the Lieutenant-Governor in Council, be necessary, —
(a) to vest jurisdiction for the administration thereof in the appropriate authorities of the IVovince of Ontario;
(6) pursuant to any agreement made under section 8,
(i) to authorize the appropriate Dominion author- ities to exercise such powers and discharge such duties as may be conferred or imposed by the regulations with respect to such classes of employees as may be therein designated, and the employers thereof,
(ii) to authorize the appropriate authorities of the Province of Ontario to exercise such powers and discharge such duties as may be con- ferred or imposed by or under the legislation of the Parliament of Canada above referred to with respect to such classes of employees as may be therein designated and the em- ployers thereof, and
(iii) to provide for appeals from the decisions of the Board to any board which may be created by the legislation of the Parliament of Canada above referred to; and
(c) to provide for the utilization by the appropriate authorities of the Province of Ontario of any class of employees of the Government of Canada engaged in the administration of the legislation of the Parlia- ment of Canada above referred to, and for the utilization by the appropriate Dominion authorities of any class of emplo>ees of the Government of Ontario engaged in the administration of this Act.
(2) In addition to the regulations made under subsection 1, the Lieutenant-Governor in Council may make regulations, —
(a) prescribing the time within which anything author- ize<l by or under this Act shall be done;
124
Section 8 is self-explanatory.
Section 9 is self-explanatory. With the exception of clause d, which is new, the section is similar to section 10 of the 1944 Act.
ECTION 10 is self-explanatory.
Section 11 provides for the repeal of the Acts of 1944, 1946 and 1947, making all necessary provisions for continuing in force outstanding certifi- cations. Subsection 2 makes necessary provisions for the continuation of pending proceedings.
124
(b) excluding an employer or employee or any class of
employers or employees from the regulations or any of the provisions thereof; and
(c) generally for carrying any of the purposes or provisions
of this Act into effect. New.
8. Subject to the approval of the Lieutenant-Governor in Agreement Council, the Minister may enter into such agreement with the Dominion. Minister of Labour for Canada as he may deem necessary
for the purposes of this Act. 1944, c. 29, s. 3, amended.
9. This Act and the regulations shall not apply to, — ^tTo ^°*
apply.
(a) the industry of farming;
(b) domestic servants employed in private homes;
(c) members of a police force within the meaning of
The Police Act, 1946,
(k) members of a fire department within the meaning of The Fire Departments Act, 1947;
{e) any municipal corporation, board of public school trustees, board of separate school trustees, high school board, board of education or any board or commission created or established b\' a municipal corporation pursuant to statutory authority unless such municipal corporation, board or commission has by by-law, if it has power to pass by-laws, or by resolution or minute, declared this Act applicable thereto and to its employees or any section thereof and any such by-law, resolution or minute may be revoked by a subsequent by-law, resolution or minute, as the case may be. 1944, c. 29, s. 10, amended.
10. The salaries and expenses of the chairman, alternate Expenses of chairman and members of the Board and of the Registrar, tion.' officials and employees of the Board and all other expenses incurred in the administration of this Act shall be paid out of
such moneys as may be appropriated therefor by this Legis- lature. 1944, c. 29, s. 6 (2), amended.
1 1.— (1) The Labour Relations Board Act, 1944, The Labour \l\l' «• fS: Relations Board Amendment Act, 1946, and The -^«^o«r J|47^jC^54. Relations Board Act, 1947, are repealed, but for the purposes of this Act where collective bargaining representatives are certified under The Labour Relations Board Act, 1944, either before or after the coming into force of this Act, the trade union or employees' organization which petitioned for the
124
oertmca^'"* Certification of such bargaininjj representatives shall be deemed tioHH. to have been certified as the bargaining agency for the unit or
group of employees specified in the certificate issued by the Board as of the date of such certification, and such certifica- tion shall be deemed to have the same effect as if this Act had been in force prior thereto.
\?Ai-°AA' (2) Notwithstanding subsection 1, The Labour Relations
1946, o. 44 ; ^ ' '^
1947. c. 54. Board Act, 1944, The Labour Relations Board Amendment Act, HI force for 1946, and The Labour Relations Board Act, 1947, shall con- proc«e«finKH. tinue in full force and effect so far as may be necessary for the
purpose of continuing any proceedings pending thereunder on the da\ when this Act is proclaimed in force.
]?*20.^'*"*"* ^^- ^^^ Industrial Disputes Investigation Act is repealed.
repealed.
Commence- 13. This Act shall come into force on a day to be named by ■ the Lieutenant-Governor by his Proclamation.
Short title. 14. This Act ma\- be cited as The Labour Relations Act, 1948.
124
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No. 124
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Labour Relations Act, 1948.
Mr. Daley
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 124 1943
BILL
The Labour Relations Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembh- of the Province of Ontario, enacts as follows:
1. In this Act,- . , l-i^rpre-
(a) "Board" means Ontario Labour Relations Board; "Board";
(b) "Minister" means Minister of Labour; and "Minister'
(c) "regulations" mean regulations made under this Act. i-o®ifa"J*'
1944, c. 29, s. 1, els. (a-c), amended.
2. — (1) There shall be a board to be known as the Ontario Ontario Labour Relations Board which shall consist of a chairman Relation and not more than four other members. Board.
(2) The Board shall exercise such powers and perform such dutierif '^'^ duties as may be vested in or imposed upon it by this Act or Board. the regulations. 1944, c. 29, s. 4, amended.
3. — (1) The chairman and the other members of the Board office!^^ ° shall be appointed by the Lieutenant-Governor in Council and shall hold office during pleasure. 1944, c. 29, s. 5 (1), amended.
(2) The Lieutenant-Governor in Council may appoint an^jj*^^^^*® alternate chairman who shall act as the chairman thereof
only, —
(a) at such times or in such matters as the chairman may direct; and
{b) at such times as the chairman is unable to act. 1946, c. 44, s. 3 (1), amended.
(3) Each member of the Board shall, before acting as such , offlce.°' take and subscribe before the Clerk of the Executive Council
124
Office.
Quorum.
Decision.
Powers re witnesses.
Evidence.
Procedure.
and shall file in the office of such Clerk, an oath of office in the following form:
"I do solemnly swear that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of member (or chairman or alternate chairman) of the Ontario Labour Relations Board and will not, except in the discharge of my duties, disclose to any p)erson any of the evidence or any other matter brought before the said Board. So help me God."
1944, c. 29, s. 5 (8); 1946, c. 44, s. 3 (2).
(4) The office of the Board shall be in Toronto, but the Board may sit at such other places as it deems expedient.
(5) A majority of the members of the Board shall constitute a quorum.
(6) A decision of the majority of the members of the Board present and constituting a quorum shall be the decision of the Board, and in the event of a tie the chairman or acting chairman shall have a casting vote. 1944, c. 29, s. 5 (2-4).
(7) The Board and each member thereof shall have the power of summoning any person and requiring him to give evidence on oath before the Board and to produce such docu- ments and things as may be deemed requisite for the full investigation of any matter coming before the Board and shall have the like power to enforce the attendance of witnesses and to compel them to give evidence and to produce docu- ments and things as is vested in any court in civil cases. 1944, c. 29, s. 5 (5), amended.
(8) The Board and each member thereof may receive and accept such evidence and information on oath, affidavit or otherwise as in its or his discretion it or he may deem fit and proper whether admissible as evidence in a court of law or not. 1944, c. 29, s. 5 (6).
(9) Subject to the approval of the Lieutenant-Governor in Council, the Board may make rules governing its procedure which are not inconsistent with the regulations and may by such rules provide for the taking of votes on the premises of employers during working hours. 1944, c. 29, s. 5 (7), amended.
Powers of Board.
4. If in any proceeding before the Board a question arises as to whether, —
(o) a person is an employer or employee;
(6) an organization or association is an employers' organization or a trade union ;
(c) in any case a collective agreement has been entered
124
into and the terms thereof and the persons who are parties to or are bound by the collective agreement or on whose behalf the collective agreement was entered into;
{d) a collective agreement is b\- its terms in full force and effect ;
(e) any party to collective bargaining has failed to meet and commence to bargain collectively with the other party and made every reasonable effort to conclude a collective agreement or a renewal or revision of an agreement or a new collective agreement, as the case may be;
(/) a group of employees is a unit appropriate for collec- tive bargaining;
ig) an employee belongs to a craft or group exercising technical skills; or
{h) a person is a member in good standing of a trade union,
the Board shall decide the question and, subject to such right of appeal as may be provided by the regulations, its decision shall be final and conclusive. New.
5. Subject to such right of appeal as may be provided by Orders, etc. the regulations, the orders, decisions and rulings of the Board flnai?^"^ shall be final and shall not be questioned or reviewed nor shall
any proceeding before the Board be removed, nor shall the Board be restrained, by injunction, prohibition, mandamus, quo warranto, certiorari or otherwise by any court, but the Board may, if it considers it advisable to do so, reconsider any decision or order made by it and may vary or revoke any such decision or order. 1944, c. 29, s. 11, amended.
6. The Lieutenant-Governor in Council may appoint a officials and Registrar and such other officials and employees as may be®"^'^'°^®®^" required for the purposes of the Board. 1944, c. 29, s. 6 (1), amended.
7. — (1) Subject to section 9, the Lieutenant-Governor in Regulations. Council may make regulations that shall be applicable to all employees whose relations with their employers are ordinarily within the exclusive legislative jurisdiction of this Legislature to regulate in the manner provided by such regulations, and to the employers thereof, provided that such regulations shall be in the same form and to the same effect as that part of any Act that may be passed by the Parliament of Canada at the
124
session currently in progress, which is designated by the Lieutenant-Governor in Council as being in his opinion legis- lation calculated to cover the same legislative field as Part 1 of a Bill entitled An Act to provide for the Investigation, Con- ciliation and Settlement of Industrial Disputes introduced in the House of Commons of Canada by the Minister of Labour for Canada on the 17th day of June, 1947, and thereupon designated as Bill number 338, with only such variations as may, in the opinion of the Lieutenant-Governor in Council, be necessary, —
(a) to vest jurisdiction for the administration thereof in the appropriate authorities of the Province of Ontario;
(b) pursuant to any agreement made under section 8,
(i) to. authorize the appropriate Dominion author- ities to exercise such powers and discharge such duties as may be conferred or imposed by the regulations with respect to such classes of employees as may be therein designated, and the employers thereof,
(ii) to authorize the appropriate authorities of the Province of Ontario to exercise such powers and discharge such duties as may be con- ferred or imposed by or under the legislation of the Parliament of Canada above referred to with respect to such classes of employees as may be therein designated and the em- ployers thereof, and
(iii) to provide for appeals from the decisions of the Board to any board which may be created by the legislation of the Parliament of Canada above referred to; and
(c) to provide for the utilization by the appropriate
authorities of the Province of Ontario of any class of employees of the Government of Canada engaged in the administration of the legislation of the Parlia- ment of Canada above referred to, and for the utilization by the appropriate Dominion authorities of any class of employees of the Government of Ontario engaged in the administration of this Act.
'**"'"• (2) In addition to the regulations made under subsection 1,
the Lieutenant-Governor in Council may make regulations, —
(a) prescribing the time within which anything author- ized by or under this Act shall be done;
124
(b) excluding an employer or employee or any class of
employers or employees from the regulations or any of the provisions thereof; and
(c) generally for carrying any of the purposes or provisions
of this Act into effect. New.
8. Subject to the approval of the Lieutenant-Governor in Agreement Council, the Minister may enter into such agreement with the Dominion. Minister of Labour for Canada as he may deem necessary
for the purposes of this Act. 1944, c. 29, s. 3, amended.
9. This Act and the regulations shall not apply to,— JJ^tYo® ^^^
apply.
(a) the industry of farming;
(b) domestic servants employed in private homes;
(c) members of a police force within the meaning of
The Police Act, 1946,
(k) members of a fire department within the meaning of The Fire Departments Act, 1947;
(e) any municipal corporation, board of public school trustees, board of separate school trustees, high school board, board of education or any board or commission created or established by a municipal corporation pursuant to statutory authority unless such municipal corporation, board or commission has by by-law, if it has power to pass by-laws, or by resolution or minute, declared- this Act applicable thereto and to its employees or any section thereof and any such by-law, resolution or minute may be revoked by a subsequent by-law, resolution or minute, as the case may be. 1944, c. 29, s. 10, amended.
10. The salaries and expenses of the chairman, alternate Expenses of chairman and members of the Board and of the Registrar, tion'.''^^^ ^^' officials and employees of the Board and all other expenses incurred in the administration of this Act shall be paid out of
such moneys as may be appropriated therefor by this Legis- lature. 1944, c. 29, s. 6 (2), amended.
11.— (1) The Labour Relations Board Act, 1944, The Labour \l\l' ^- fSj Relations Board Amendment Act, 1946, and The ^^^^'^^ repealed ^^" Relations Board Act, 1947, are repealed, but for the purposes of this Act where collective bargaining representatives are certified under The Labour Relations Board Act, 1944, either before or after the coming into force of this Act, the trade union or employees' organization which petitioned for the
124
S>rt*flott?*°' certification of such bargaining representatives shall be deemed tions. to have been certified as the bargaining agenc>- for the unit or
group of employees specified in the certificate issued b\ the Board as of the date of such certification, and such certifica- tion shall be deemed to have the same effect as if this Act had been in force prior thereto.
1944. O. 29: 1946, 0. 44; •1947, c. 64, continued In force for pending proceeaings.
(2) Notwithstanding subsection 1, The Labour Relations Board Act, 1944, The Labour Relations Board A7nendment Act, 1946, and The Labour Relations Board Act, 1947, shall con- tinue in full force and effect so far as may be necessary for the purpose of continuing any proceedings pending thereunder on the day when this Act is proclaimed in force.
Rev. Stat., c. 203. repealed.
12. The Industrial Disputes Investigation Act is repealed.
Commence- 13. This Act shall come into force on a day to be named by
ment of Act.
the Lieutenant-Governor by his Proclamation.
Short title. 14. This Act may be cited as The Labour Relations Act, 1948.
124
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No. 125
4th Session, 22nd Legislaturk, Ontario 12 George VI, 1948
BILL
An Act to assist the Development of Housing Accommodation.
Mr. Porter
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
This Bill is designed to stimulate the construction of low-cost housing accommodation by easing the financial aspects thereof.
125
No. 125 1948
BILL
An Act to assist the Development of Housing Accommodation.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act,— tfon.— ®'*"
(a) "building development" means a project designed to "building furnish housing accommodation with or without mentor public" buildings, recreational facilities, industrial
and commercial buildings or space appropriate there- for, and includes a plan for the re-development of land devoted to urban uses designed to increase and improve the housing accommodation thereon; and
(b) "building development corporation" means a corpora- ^''^"^j'**'^^
tion authorized to undertake a building development corpora- that is approved by the Lieutenant-Governor in Council, and includes any authority established by a municipality to undertake a building development.
2. The Lieutenant-Governor in Council may guarantee Qovern- money loaned to persons by corporations authorized to loan guara^ee money where the money so loaned is to be used in the construe- ioom.^^ tion of housing accommodation.
3. The Lieutenant-Governor in Council may make grants Qovemmen
may make in aid of any building development. grants.
4. The Lieutenant-Governor in Council may advance ^o^e^[^e"t moneys or guarantee moneys to be advanced to any building 'n financing, development corporation undertaking a building development.
5. Notwithstanding any other Act heretofore passed, any Munkj^pau- municipality, with the approval of the Lieutenant-Governor aretetjn^ in Council, may advance moneys or guarantee moneys to be advanced to any building development corporation under- taking a building development, and may issue debentures therefor.
125
Oovernment Q 'f^g nionevs reqiiiretl b>' the Lieutenant-Governor in
rnonoys to
b« pafd out Council for the purmses of this Act shall be paid out of the
of Con. Rev. ,,,.,,»-»,•, Fund. ( onsohclated Kevenue rund.
^i***.°/* 7. The cost of administration of this Act shall be paid out of
HdmlniittrH- • •-» i- i
tion. the Consolulated Kevenue rund.
t^on^'oVA^t' *• ^'^'s Ac* ^^•'^^' ^ administered by the Minister of Planning and Development or such other member of the Kxecutive Council to whom it may be assigned by the Lieu- tenant-Co vernor in ( ouncil.
Regulations, g yj^^ Lieutenant-Covemor in Council may make regu- lations,—
(a) prescribing the terms and conditions upon which money may be granted, advanced or guaranteed under this Act; and
(b) providing for the incorporation, constitution and
management of building development authorities.
ment"of'A^t. *^- ^^'^ ^^^ ^^^^^ ^^"^^ '"^" ^^^^^ o" the day upon which it receives the Royal Assent.
Short title. 11 This j^^^ ^gy ^ cited as The Housing Development Act, 1948.
125
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No. 125
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to assist the Development of Housing Accommodation.
Mr. Porter
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 125
1948
BILL
An Act to assist the Development of Housing Accommodation.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act,— tk)n.— ®**'
(a) "building development" means a project designed to "building furnish housing accommodation with or without ment°r public buildings, recreational facilities, industrial
and commercial buildings or space appropriate there- for, and includes a plan for the re-development of land devoted to urban uses designed to increase and improve the housing accommodation thereon ; and
(b) "building development corporation" means a corpora- ^'building
tion authorized to undertake a building development corpora- that is approved by the Lieutenant-Governor in Council, and includes any authority established by a municipality to undertake a building development.
2. The Lieutenant-Governor in Council may guarantee Govem- money loaned to persons by corporations authorized to loan guarantee money where the money so loaned is to be used in the construe- loa^'f^ tion of housing accommodation.
3. The Lieutenant-Governor in Council may make grants Government
■^ may make
m aid of any building development. grants.
4. The Lieutenant-Governor in Council may advance Oo^e^'^^e'^t moneys or guarantee moneys to be advanced to any building in financing, development corporation undertaking a building development.
5. Notwithstanding any other Act heretofore passed, any ^unjcnpaii- municipality, with the approval of the Lieutenant-Governor a^^st^jn^ in Council, may advance moneys or guarantee moneys to be advanced to any building development corporation under- taking a building development, and may issue debentures therefor.
125
oovernment Q f^e moneys required by the Lieutenant-Governor in be paid out Council for the purposes of this Act shall be paid out of the
of Con. Rev. _, ,. , , r. t- j
Fund. Consolidated Revenue hund.
^^\ °/* 7. The cost of administration of this Act shall be paid out of
aaminlBtra- t» t-- j
tion. the Consolidated Revenue rund,
tio^of'AoT *• ^^^^ ^^^ ^^^^^ ^^ administered by the Minister of Planning and Development or such other member of the Executive Council to whom it may be assigned by the Lieu- tenant-Qovernor in Council.
R«guiationB. g jj^^ Lieutenant-Govemor in Council may make regu- lations,—
(a) prescribing the terms and conditions upon which money may be granted, advanced or guaranteed under this Act; and
(b) providing for the incorporation, constitution and
management of building development authorities.
ment'of'A^t ^^' ^^^^ -^^t shall come into force on the day upon which it receives the Royal Assent.
Short title.
11. This Act may be cited as The Housing Development Act, 1948.
125
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No. 126
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Milk Control Act, 1948.
Mr, Kennedy
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
This Bill consolidates The Milk Control Act and the various amend- ments that have been made from time to time.
In order to separate the administrative functions of The Milk Control Board of Ontario from its cjuasi-judicial functions, provision is made for the appointment of an admmistrative officer.
Provision is made for the establishment of marketing agencies to repre- sent the milk producers in a market.
Existing collective bargaining agreements and awards of boards of arbitration are continued in force.
References indicating the provisions that are new and the source of the provisions carried forward from the present Act are to be found at the end of each provision.
126
No. 126 1948
BILL
The Milk Control Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act, — interpre-
tation,—
(a) "agreement" means an agreement made by collective "agree- bargaining representatives under this Act; '"®°* '
{b) "award" means an award made by a board of arbitra- "award"; tion under this Act ;
(c) "Board" means The Milk Control Board of Ontario; "Board";
(d) "distributor" means a person engaged in the business "distri- of distribut consumers ;
of distributing milk either directly or indirectly to " °^
(e) "field-men" means field-men appointed by the-fleidmen"; Lieutenant-Governor in Council under this Act;
(J) "inspector" means an inspector appointed by a "inspector"; marketing agency;
(g) "licence" means a licence provided for in the regu- "licence": lations;
(h) "market" means the market named in an agreement "market"; or award or the market supplied with milk by the producers represented by a marketing agency or by an association;
(i) "marketing" includes advertising, buying, selling, j|market- offering for sale, transporting, shipping and dis- tributing milk;
(j) "marketing agency" means a marketing agency estab- "marketing lished under this Act;
126
•milk"; (jt) "milk" includes cream and such products of milk or
cream as are manufactured or processed in any form, other than butter and cheese;
"Minister"; "processor";
"rwgula- ttoM":
(/) "Minister" means the Minister of Agriculture;
(m) "processor" means a person engaged in the business of processing milk or manufacturing milk products, other than butter and cheese;
(n) "regulations" mean regulations made under this Act; and
"trans- porter".
(o) "transporter" means a person engaged in the business of transporting milk from a producer to a processor or distributor. R.S.O. 1937, c. 76, s. 1, amended.
troi'soard 2. — (1) The body corporate heretofore established and continued known as "The Milk Control Board of Ontario" is continued. R.S.O. 1937, c. 76, s. 2 (1), amended.
Constitu- tion of Board.
Chairman.
Quorum.
(2) The Board shall consist of one or more members who shall be appointed by the Lieutenant-Governor in Council and shall hold office during pleasure. R.S.O. 1937, c. 76, s. 2 (2), part.
(3) Where more than one member is appointed the Lieu- tenant-Governor in Council shall designate one of the members as chairman. R.S.O. 1937, c. 76, s. 2 (2), part.
(4) Where the Board consists of four or more members three members shall constitute a quorum. 1944, c. 36, s. 1, amended.
3. — (1) The staff of the Board shall consist of an adminis- trative officer and such otherofficers, field-men, clerks, stenog- raphers and employees as the Lieutenant-Governor in Council may appoint. R.S.O. 1937, c. 76, s. 2 (4), amended.
and*cont'roi (2) The administrative officer shall be under the direction of staff. ^^^ control of the Board and the officers, field-men, clerks,
stenographers and employees shall be under the direction and
control of the administrative officer. New.
Salaries.
Powers of Board.
4. The members, the administrative officer and the officers, field-men, clerks, stenographers and employees shall be paid such salaries or other remuneration and expenses as the Lieutenant-Governor in Council may determine. R.S.O. 1937, c. 76, s. 2 (3, 4), amended.
5. — (1) The Board may, — 126
(a) upon its own initiative or upon complaint, inquire into any matter relating to the production, trans- portation, processing, distribution or sale of milk;
(b) arbitrate, adjust and settle disputes arising between
or among producers, transporters, processors and distributors of milk;
(c) investigate the cost of producing, transporting, pro-
cessing and distributing milk, prices, price spreads, trade practices, methods of financing, management, testing, weighing and any other matter relating to the marketing of milk;
(d) prohibit distributors compelling or inducing pro- ducers to invest money either directly or indirectly in a dairy plant or equipment in order that such producers may obtain or retain a sale for their milk;
(e) prohibit a processor or a distributor from terminating
the purchase of milk from a producer or a producer from terminating the sale of milk to a processor or distributor without just cause;
(/) enter upon and inspect any land, place, building, works or property of any transporter, processor or distributor;
(g) refuse to grant a licence where the applicant is not qualified by experience, financial responsibility and equipment to proper!}- conduct the proposed business or for any other reason that the Board ma}' deem sufficient;
(h) suspend, revoke or refuse to renew an>- licence for failure to observe, perform or carr}' out any of the provisions of this Act, the regulations, or anyorderof the Board, or any agreement or award, provided that in ever>- such case the applicant shall be afforded an opportunit}- of appearing before the Board to show cause why such licence should not be suspended or revoked or why such renewal should not be refused, as the case may be ;
(i) do such acts and make such orders as are necessary to enforce the due observance and carrying out of the provisions of this Act, the regulations and any agreement or award. R.S.O. 1937, c. 76, s. 4 (1), amended.
.,.,,.. Powers of (2) Upon any mquir\- or mvestigation under this section investiga-
126
Il«v. Stat.. 0. 19.
the Board shall have all the powers that may be conferred ufX)!! a commissioner under The Public Inquiries Act. New.
Application ©. — (1) Where the producers supplymg milk to a market for mnrket- , ^ ' . ' • .• ^l • ^' j
ing agency, have a representative organization, the organization, and
where there is no such organization, a representative group
of such producers, may apply to the Lieutenant-Governor in
Council to establish a marketing agency.
t^*Boa?d® (2) The application ma\' be referred to the Board and
thereupon it shall be the duty of the Board of examine the application and if it is of opinion that at least seventy-five per centum of the producers supplying the market support the application, it may recommend to the Lieutenant-Governor in Council that it be granted.
oo^nsmute ("'^ Upon receipt of the recommendation, the Lieutenant-
marketing Governor in Council may constitute the applicants or any
&ffonoi08
of them as a marketing agency under the name designated.
powera'''etc. (^) Every marketing agency shall be a body corporate with the following objects, powers and duties, —
(a) to stimulate, increase and improve the production and marketing of milk;
{b) to act as the collective bargaining agency for the producers it represents;
{c) to act as the marketing agency for the producers it represents;
{d) to appoint inspectors;
{e) to receive licence fees and expend the same for its purposes; and
(/) to do such other acts and things as are necessary or conducive to the attainment of its objects, powers and duties.
Furnishing of informa- tion.
(5) The Board may require a marketing agency to furnish information relating to any act or thing undertaken or done by the marketing agency. New.
Collective bargain- ing,— producers, prooessora. dlstributora:
7,— -(1) The producers, any class of processors or the distributors of milk in any market may require, —
(a) in the case of producers, the processors or distributors to whom they sell milk; or
126
(b) in the case of processors or distributors, the producers from whom they purchase milk,
to bargain collectively in order to determine the prices that shall be paid to the producers supplying milk to the distributors or processors and to prescribe the terms and conditions relating to the sale and purchase of the milk and to fix quotas or establish quota committees.
(2) The producers or transporters of milk in an>- market Producers, may require, — transporters.
(a) in the case of producers, the transporters who trans-
port their milk to processors or distributors; or
(b) in the case of transporters, the producers from whom
they receive milk,
to bargain collectively in order to determine the prices that shall be paid to the transporters for transporting the milk of the producers to processors or distributors and to prescribe the terms and conditions relating to the transportation of the milk.
(3) Notice to bargain collectively setting out, — Notice.
(a) the names of the persons joining in the notice;
(b) the names and addresses of their collective bargaining
representatives; and
(c) the market in respect of which collective bargaining
is sought,
shall be given to the persons who are required to bargain collectively and a copy of the notice shall be sent to the Board.
(4) Where the Board is of opinion that the persons requiring Sufficiency 11 • 1 • • ^ ^ ^- f ^u J of repre-
collective bargammg are not representative oi the producers, sentation. transporters, processors or distributors, as the case may be, it may, within one week of the receipt of the notice, so advise the persons joining in the notice and the persons to whom the notice was given and thereupon the notice shall cease to have effect.
(5) Where the persons required to bargain collectively do Failure to not advise the representatives of the persons requiring collec- notfc7.® tive bargaining and the Board of the names of their repre- sentatives within two weeks of the receipt of the notice under subsection 3, the Board may designate persons to represent
them.
126
Suffloienoy of repre- sentation.
Good faith.
(6) Where the Board is of opinion that the representatives named by the persons that are required to bargain collectively are not representative of such persons, it may designate per- sons to represent them.
(7) The representatives shall bargain collectively in good faith. 1947, c. 64, s. 3, part, amended.
Interpre- tation of "persons".
(8) In this section the expression "persons' association or a marketing agency. New.
includes an
Failure to agree, — arbitration.
8. — (1) Where the representatives of either party are satis- fied that an agreement cannot be reached under section 8, they may, by notice to the representatives of the other party, require all matters in dispute to be referred to a board of arbitration of three members to which the representatives of each of the parties shall appoint a member, and the third member, who shall be the chairman, shall be appointed by the two members so appointed.
Failure to appoint.
(2) Where either party fails to appoint a member of the board of arbitration within a reasonable time in the opinion of the Board, or having appointed a person who is unable or unwilling to act, fails to appoint another member within a reasonable time in the opinion of the Board, the Board may, upon the request of the other party, appoint a member in lieu thereof.
Third member.
(3) Where the two members of the board of arbitration fail, within five days of the appointment of the last one appointed, to agree upon the third member, the Board may appoint the third member. 1947, c. 64, s. 3, part, amended.
Decision of chairman.
(4) Where a majority of the members of a board of arbitra- tion fail to agree upon any matter referred to it, the decision of the chairman shall be deemed to be the decision of the board. New.
Costs.
(5) Each of the parties to the arbitration shall assume its own costs of the arbitration proceedings and shall share the cost of the third arbitrator equally. 1946, c. 64, s. 3, part, amended.
Filing of agree- ments and awards.
9. — (1) Every agreement and every award shall be filed forthwith after the making thereof with the Board and on the seventh day after the filing, or on such later day as may be named in the agreement or award, as the case may be, shall be and remain in full force and effect until it expires in accord- ance with its terms or until it is altered by an agreement or award subsequently made under this Act. 1947, c. 64, s. 3, part, amended.
126
(2) Every agreement and award heretofore filed with the Existing Board shall be deemed to have been made under this Act and an™lwl?d8 shall be and remain in full force and affect until it expires in fn'foV"ce®'* accordance with its terms or until it is altered by an agreement
or award made under this Act.
(3) Every agreement and award shall be binding upon the Binding parties thereto and upon all persons represented by them Igreemlnts under this Act. New. and awards.
10.— (1) Only the producers that supplied milk to the Persons market at the time the agreement or award was made shall to supply be entitled to supply milk to the market while the agreement ™"^- or award is in effect, provided that any other producer, —
(o) who has arranged with a processor or distributor in the market to purchase his milk; and
(6) who complies with the laws relating to the production, sanitation, handling and care of milk,
shall be entitled to supply milk to the market and shall be bound by the agreement or award and every other matter relating to the marketing of milk in the same manner as other producers supplying milk to the market.
(2) Only the processors or distributors in the market at the Persons time the agreement or award was made shall be entitled to to process process or distribute milk in the market, provided that any ^iik?'"*^"*® other processor or distributor, —
(a) who complies with the laws relating to the sanitation, . weighing, handling and care of milk;
(&) who has arranged for a supply of milk; and
(c) who has obtained a licence as a processor or distributor from the Board and a municipal licence where the same is required,
shall be entitled to process or distribute milk in the market or the part thereof designated in his licence and shall be bound by the agreement or award and every other matter relating to the marketing of milk in the same manner as other processors or producers in the market. New.
11. — (1) If the processors or distributors in any market where require additional milk to that provided for in the agreement miik or award, the producers supplying the market shall, unless '■®'^"''^^- it is otherwise provided in the agreement or award, have the right of supplying the additional milk required at the prices
126
8
Where additional milk pro duce
Jt'
determined by the agreement or award, failing which the processors or distributors may obtain the additional milk required as they see fit.
(2) If the producers supplying milk to a market have additional milk to that required to be supplied under the agreement or award, the processors .or distributors shall, unless it is otherwise provided in the agreement or award, have the right of purchasing the additional milk at the prices determined by the agreement or award, failing which the producers may dispose of the additional milk as they see fit. New.
EatabiiBh 12. — (1) When the Minister receives from an association
raent of fund , ... , , , . , . .,,
for pro- of milk producers who are engaged m supplying milk to
associations, processors or distributors in a market a petition asking that for the purpose of defraying the expenses of such association every producer engaged in supplying milk to processors or distributors in such market be required to pay licence fees, the Minister, subject to the approval of the Lieutenant- Governor in Council, may, if he is of the opinion that such association represents at least seventy-five per centum of the producers so engaged, make an order, —
Existing orders.
1944. c. 52.
Transporta- tion of milk by pro- ducers' co- operatives.
Rev. Stat.. CO. 251; 280.
(a) requiring every producer so engaged to pay to the association licence fees in different amounts and fixing the amounts of such fees payable in instalments ;
(b) requiring every processor and distributor who receives
milk from any such producer to deduct the amount of the licence fees of such producer from moneys payable to the producer and to pay such amount to the association ; and
(c) requiring the association to furnish to the Board
such information and financial statements as the Board may determine.
(2) Every such order heretofore filed under The Regulations Act, 1944, shall be deemed to have been made under this Act and shall be and remain in full force and effect until revoked or until a marketing agency in the market has been established.
New.
13. Where one of the objects of a co-operative corporation under Part XII of The Companies Act is to engage in the transportation of milk and the Board issues a certificate to the Minister of Highways that more than three-quarters of the shareholders or members of the corporation are producers supplying milk to a market, no licence under The Commercial Vehicle Act shall be required by the corporation for the pur- pose of transporting such milk to the market. New.
126
14:. — (1) Subject to the approval of the Lieutenant- ^®«"ia"o"8- Governor in Council, the Board may make regulations,
(a) designating classes of processors and distributors;
(b) providing for the issuing of licences by the Board to
transporters and to the designated classes of pro- cessors and distributors and fixing the licence fees payable therefor;
(c) providing for the issuing of temporary licences by the
administrative officer;
(d) prescribing the form of licences and the terms and conditions upon which licences shall be issued, renewed, suspended or revoked;
(e) prohibiting the persons that are required to be
licensed in respect of transporting, processing or distributing milk from engaging in any. such business except under the authority of a licence;
(/) providing for the furnishing of security or proof of financial responsibility by processors and distributors;
(g) prescribing the terms of payment for milk purchased from producers;
(h) providing for the payment to marketing agencies of licence fees in different amounts and in instalments by producers represented by marketing agencies and for the collection thereof b\- processors and dis- tributors;
(i) prescribing the form of the by-laws of marketing agencies ;
(j) prescribing the conditions under which milk shall be received, handled, transported, stored, delivered or supplied ;
(k) prohibiting the sale of milk by retailers and others at less than or more than the cost thereof and a reasonable margin for handling and profit;
(/) providing for the purchase of milk from producers on a quota basis;
(m) prescribing fair business practices relating to the marketing of milk;
126
10
(«) providing for the regulation and control of the delivery routes of distributors, including the number of deliveries that shall be made in each week and the days upon which deliveries shall be made;
(o) prescribing the types of containers that shall be used by distributors;
(p) requiring producers, transporters, processors, dis- tributors and persons who keep for sale or sell milk to furnish to the Board such information or returns , as the Board may determine;
(q) prescribing the records that shall be kept by trans- porters, processors and distributors;
(r) prescribing the powers and duties of field-men and inspectors;
(5) exempting any person or class of persons from this Act or the regulations or any part thereof; and
(/) respecting any other matter necessary or advisable to carry out effectively the purposes of this Act.
Regulations (2) Any regulation made under this section may be limited limited. as to time and place. R.S.O. 1937, c. 76, s. 15, amended.
•na es. jg Every person who violates any of the provisions of
this Act or the regulations, or any order, agreement or award made under this Act shall be guilty of an offence and liable, for a first offence, to a penalty of $50, and for a second or subsequent offence, to a penalty of not less than $100 and r*i36^'*'" "°^ more than $500, recoverable under The Summary Con- victions Act. R.S.O. 1937, c. 76, s. 19, amended.
trolSS^dlSgs. 16.— (1) Where it is made to appear from the material filed or evidence adduced that any offence against this Act or the regulations or any order, agreement or award made under this Act has been or is being committed, the Supreme Court or a judge thereof may, upon the application of the Board, enjoin any transporter, processor or distributor from carrying on business as a transporter, processor or distributor, abso- lutely, or for such period as seems just, and any injunction shall ipso facto cancel the licence of the transporter, processor or distributor named in the order during the same period.
tion may be (2) The application under subsection 1 may be made ux part*. without any action being instituted either, —
(a) by an ex parte motion for an interim injunction 126
11
which shall, If granted, remain in full force for ten days from the date thereof unless the time is ex- tended or the originating motion mentioned in clause b is sooner heard and determined; or
(b) by an originating notice of motion which, if an interim injunction has been granted, shall be served within five days and be returnable within ten days from the date of such interim injunction. R.S.O. 1937, c. 76, s. 18.
17. The moneys required for the purposes of this Act Provision shall be paid out of such moneys as may be appropriated requ?re^*^" therefor by the Legislature. R.S.O. 1937, c. 76, s. 2 (5).
18. The Milk Control Act, being chapter 76 of the Revised Rev. stat.. Statutes of Ontario, 1937, section 20 of The Statute Law i94o', o. 28. Amendment Act, 1940, The Milk Control Amendment .i4cf, c*. si- 1944', 1941, The Milk Control Amendment Act, 1944, and The Milkl:lll}l^'^' Control Amendment Act, 1947, are repealed. pealed.
19. This Act shall come into force on the day upon which commence-
ment of Aet.
it receives the Royal Assent.
20. This Act may be cited as The Milk Control Act, 1948. short title.
126
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No. 126
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Milk Control Act, 1948.
Mr, Kennedy
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 126 1943
BILL
The Milk Control Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act, — interpre-
tation,—
(a) "agreement" means an agreement made by collective "agree- bargaining representatives under this Act; ment";
(6) "award" means an award made by a board of arbitra- "award"; tion under this Act;
(c) "Board" means The Milk Control Board of Ontario; -Board";
(d) "distributor" means a person engaged in the business "distri- of distributing milk either directly or indirectly to^"'°'^"' consumers;
(e) "field-men" means field-men appointed by the "fleidmen";
Lieutenant-Governor in Council under this Act;
(/) "inspector" means an inspector appointed by a "inspector" marketing agency;
(g) "licence" means a licence provided for in the regu- "licence"; lations;
(h) "market" means the market named in an agreement "market"; or award or the market supplied with milk by the producers represented by a marketing agency or by an association;
(i) "marketing" includes advertising, buying, selling, "market- offering for sale, transporting, shipping and dis- tributing milk;
(J) "marketing agency" means a marketing agency estab- "marketing lished under this Act;
126
"milk": (^) "milk" includes cream and such products of milk or
cream as are manufactured or processed in any form, other than butter and cheese;
••Minister": (/) "Minister" means the Minister of Agriculture;
"processor^^; (^) "processor" means a person engaged in the business
of processing milk or manufacturing milk products, other than butter and cheese;
••regula- tions^';
••trans- porter".
(n) "regulations" mean regulations made under this Act; and
(o) "transporter" means a person engaged in the business of transporting milk from a producer to a processor or distributor. R.S.O. 1937, c. 76, s. 1, amended.
troi*Board 2. — (1) The body corporate heretofore established and coiumSed ^nown as "The Milk Control Board of Ontario" is continued. R.S.O. 1937, c. 76, s. 2 (1), amended.
Constitu- tion of Board.
Chairman.
Quorum.
(2) The Board shall consist of one or more members who shall be appointed by the Lieutenant-Governor in Council and shall hold office during pleasure. R.S.O. 1937, c. 76, s, 2 (2), part.
(3) Where more than one member is appointed the Lieu- tenant-Governor in Council shall designate one of the members as chairman. R.S.O. 1937, c. 76, s. 2 (2), part.
(4) Where the Board consists of four or more members three members shall constitute a quorum. 1944, c. 36, s. 1, amended.
staff.
Direction and control of staff.
Salaries.
3. — (1) The staff of the Board shall consist of an adminis- trative officer and such other officers, field-men, clerks, stenog- raphers and employees as the Lieutenant-Governor in Council may appoint. R.S.O. 1937, c. 76, s. 2 (4), amended.
(2) The administrative officer shall be under the direction and control of the Board and the officers, field-men, clerks, stenographers and employees shall be under the direction and control of the administrative officer. New.
4. The members, the administrative officer and the officers, field-men, clerks, stenographers and employees shall be paid such salaries or other remuneration and expenses as the Lieutenant-Governor in Council may determine. R.S.O. 1937, c. 76, s. 2 (3, 4), amended.
Powers of Board.
5. — (1) The Board may, — 126
(a) upon its own initiative or upon complaint, inquire into any matter relating to the production, trans- portation, processing, distribution or sale of milk;
(b) arbitrate, adjust and settle disputes arising between
or among producers, transporters, processors and distributors of milk;
(c) investigate the cost of producing, transporting, pro-
cessing and distributing milk, prices, price spreads, trade practices, methods of financing, management, testing, weighing and any other matter relating to the marketing of milk;
(d) prohibit distributors compelling or inducing pro- ducers to invest money either directly or indirectly in a dair}- plant or equipment in order that such producers may obtain or retain a sale for their milk;
(e) prohibit a processor or a distributor from terminating
the purchase of milk from a producer or a producer from terminating the sale of milk to a processor or distributor without just cause;
(/) enter upon and inspect any land, place, building, works or property- of any transporter, processor or distributor;
(g) refuse to grant a licence where the applicant is not qualified by experience, financial responsibility and equipment to properly conduct the proposed business or for any other reason that the Board may deem sufficient ;
(h) suspend, revoke or refuse to renew any licence for failure to observe, perform or carry out any of the provisions of this Act, the regulations, or any order of the Board, or any agreement or award, provided that in every such case the applicant shall be afforded an opportunity of appearing before the Board to show cause why such licence should not be suspended or revoked or why such renewal should not be refused, as the case may be ;
(i) do such acts and make such orders as are necessary to enforce the due observance and carrying out of the provisions of this Act, the regulations and any agreement or award. R.S.O. 1937, c. 76, s. 4 (1), amended.
Pow^6r8 of
(2) Upon any inquiry or investigation under this section investiga- 126
the Board shall have all the powers that may be conferred Rev. Stat,, upon a commissioner under The Public Inquiries Act. New.
Application for market- ing agency.
6. — (1) Where the producers supplying milk to a market have a representative organization, the organization, and where there is no such organization, a representative group of such producers, may apply to the Lieutenant-Governor in Council to establish a marketing agency.
t^Bol?d? (2) The application may be referred to the Board and
thereupon it shall be the duty of the Board to examine the application and if it is of opinion that at least seventy-five per centum of the producers supplying the market support the application, it may recommend to the Lieutenant-Governor in Council that it be granted.
oon^mute (^) Upon receipt of the recommendation, the Lieutenant-
marketing Governor in Council may constitute the applicants or any of them as a marketing agency under the name designated.
powere!'etc. (^) Every marketing agency shall be a body corporate with the following objects, powers and duties, —
(a) to stimulate, increase and improve the production and marketing of milk;
(6) to act as the collective bargaining agency for the producers it represents;
(c) to act as the marketing agency for the producers it represents;
{d) to appoint inspectors;
(«) to receive licence fees and expend the same for its purposes; and
(/) to do such other acts and things as are necessary or conducive to the attainment of its objects, powers and duties.
Furnishing of informa- tion.
Collective bargain- ing,— producers, procexsorfl, distributors;
(5) The Board may require a marketing agency to furnish information relating to any act or thing undertaken or done by the marketing agency. New.
7. — (1) The producers, any class of processors or the distributors of milk in any market may require, —
(a) in the case of producers, the processors or distributors to whom they sell milk; or
126
(b) in the case of processors or distributors, the producers from whom they purchase milk,
to bargain collectively in order to determine the prices that shall be paid to the producers supplying milk to the distributors or processors and to prescribe the terms and conditions relating to the sale and purchase of the milk and to fix quotas or establish quota committees.
(2) The producers or transporters of milk in any market Producers, may require, — transporters.
(a) in the case of producers, the transporters who trans-
port their milk to processors or distributors; or
(b) in the case of transporters, the producers from whom
they receive milk,
to bargain collectively in order to determine the prices that shall be paid to the transporters for transporting the milk of the producers to processors or distributors and to prescribe the terms and conditions relating to the transportation of the milk.
(3) Notice to bargain collectively setting out, — Notice,
(a) the names of the persons joining in the notice;
(b) the names and addresses of their collective bargaining
representatives; and
(c) the market in respect of which collective bargaining
is sought,
shall be given to the persons who are required to bargain collectively and a copy of the notice shall be sent to the Board.
(4) Where the Board is of opinion that the persons requiring Sufficiency collective bargaining are not representative of the producers, sentation. transporters, processors or distributors, as the case may be,
it may, within one week of the receipt of the notice, so advise the persons joining in the notice and the persons to whom the notice was given and thereupon the notice shall cease to have effect.
(5) Where the persons required to bargain collectively do Failure to not advise the representatives of the persons requiring collec- notfoe.* tive bargaining and the Board of the names of their repre- sentatives within two weeks of the receipt of the notice under subsection 3, the Board may designate persons to represent
them.
126
Suffloienoy of repre-
sentation.
Good faith.
Interpre- tation of "persons".
Failure to agree, — arbitration.
Failure to appoint.
(6) Where the Board is of opinion that the representatives named by the persons that are required to bargain collectively are not representative of such persons, it may designate per- sons to represent them.
(7) The representatives shall bargain collectively in good faith. 1947, c. 64, s. 3, part, amended.
I
(8) In this section the expression "persons' association or a marketing agency. New.
includes an
8. — (1) Where the representatives of either party are satis- fied that an agreement cannot be reached under section 7, they may, by notice to the representatives of the other party, require all matters in dispute to be referred to a board of arbitration of three members to which the representatives of each of the parties shall appoint a member, and the third member, who shall be the chairman, shall be appointed by the two members so appointed.
(2) Where either party fails to appoint a member of the board of arbitration within a reasonable time in the opinion of the Board, or having appointed a person who is unable or unwilling to act, fails to appoint another member within a reasonable time in the opinion of the Board, the Board may, upon the request of the other party, appoint a member in lieu thereof.
Third member.
Decision of chairman.
(3) Where the two members of the board of arbitration fail, within five days of the appointment of the last one appointed, to agree upon the third member, the Board may appoint the third member. 1947, c. 64, s. 3, part, amended.
(4) Where a majority of the members of a board of arbitra- tion fail to agree upon any matter referred to it, the decision of the chairman shall be deemed to be the decision of the board. New.
Costs.
(5) Each of the parties to the arbitration shall assume its own costs of the arbitration proceedings and shall share the cost of the third arbitrator equally. 1946, c. 64, s. 3, part, amended.
Filing of agree- ments and awards.
9. — (1) Every agreement and every award shall be filed forthwith after the making thereof with the Board and on the seventh day after the filing, or on such later day as may be named in the agreement or award, as the case may be, shall be and remain in full force and effect until it expires in accord- ance with its terms or until it is altered by an agreement or award subsequently made under this Act. 1947, c. 64, s. 3, part, amended.
126
(2) Every agreement and award heretofore filed with the ^^'st'^e Board shall be deemed to have been made under this Act and and^twt?ds shall be and remain in full force and effect until it expires in fn "force®** accordance with its terms or until it is altered by an agreement
or award made under this Act.
(3) Every agreement and award shall be binding upon the Binding parties thereto and upon all persons represented by them Agreements under this Act. New. a°^ awards.
10. — (1) Only the producers that supplied milk to the Persons market at the time the agreement or award was made shall to supply be entitled to supply milk to the market while the agreement "^'"^' or award is in effect, provided that any other producer, —
{a) who has arranged with a processor or distributor in the market to purchase his milk; and
{h) who complies with the laws relating to the production, sanitation, handling and care of milk,
shall be entitled to supply milk to the market and shall be bound by the agreement or award and every other matter relating to the marketing of milk in the same manner as other producers supplying milk to the market.
{2) Only the processors or distributors in the market at the Persons time the agreement or award was made shall be entitled to to process process or distribute milk in the market, provided that any ^jjij^^'"''"*® other processor or distributor, —
(a) who complies with the laws relating to the sanitation, weighing, handling and care of milk;
(&) who has arranged for a supply of milk; and
(c) who has obtained a licence as a processor or distributor from the Board and a municipal licence where the same is required,
shall be entitled to process or distribute milk in the market or the part thereof designated in his licence and shall be bound by the agreement or award and every other matter relating to the marketing of milk in the same manner as other processors or producers in the market. New.
11. — (1) If the processors or distributors in any market \vhere
^ ■' ^ , . 1 1 r • ^1 i- additional
require additional milk to that provided for in the agreement miik.^^^ or award, the producers supplying the market shall, unless '"®'^"""® * it is otherwise provided in the agreement or award, have the right of supplying the additional milk required at the prices
126
8
Where additional milk pro- duced.
determined by the agreement or award, failing which the processors or distributors may obtain the additional milk required as they see fit.
(2) If the producers supplying milk to a market have additional milk to that required to be supplied under the agreement or award, the processors or distributors shall, unless it is otherwise provided in the agreement or award, have the right of purchasing the additional milk at the prices determined by the agreement or award, failing which the producers may dispose of the additional milk as they see fit. New.
Establish \^ — (J) When the Minister receives from an association
ment or lund , mi i , •
for pro- of milk producers who are engaged in supplying milk to ducers' ' ,■ ., • i . . -^ , . ,
associations, processors or distributors in a market a petition asking that
for the purpose of defraying the expenses of such association every producer engaged in supplying milk to processors or distributors in such market be required to pay licence fees, the Minister, subject to the approval of the Lieutenant- Governor in Council, may, if he is of the opinion that such association represents at least seventy-five per centum of the producers so engaged, make an order, —
(a) requiring every producer so engaged to pay to the association licence fees in different amounts and fixing the amounts of such fees payable in instalments;
ih) requiring every processor and distributor who receives milk from any such producer to deduct the amount of the licence fees of such producer from moneys payable to the producer and to pay such amount to the association ; and
(c) requiring the association to furnish to the Board such information and financial statements as the Board may determine.
Existing orders.
1944. o. 62.
Transporta- tion of milk by pro- ducers' co- operatives.
Rev. Stat.. 00. 251; 290.
(2) Every such order heretofore filed under The Regulations Act, 1944, shall be deemed to have been made under this Act and shall be and remain in full force and effect until revoked or until a marketing agency in the market has been established. New.
13. Where one of the objects of a co-operative corporation under Part XII of The Companies Act is to engage in the transportation of milk and the Board issues a certificate to the Minister of Highways that more than three-quarters of th/ shareholders or members of the corporation are producers supplying milk to a market, no licence under The Commercial Vehicle Act shall be required by the corporation for the pur- pose of transporting such milk to the market. New.
126
14r. — (1) Subject to the approval of the Lieutenant- ^•«"'*"o'"- Governor in Council, the Board may make regulations, —
(a) designating classes of processors and distributors;
(b) providing for the issuing of licences by the Board to
transporters and to the designated classes of pro- cessors and distributors and fixing the licence fees payable therefor;
(c) providing for the issuing of temporary licences by the
administrative officer;
(d) prescribing the form of licences and the terms and conditions upon which licences shall be issued, renewed , suspended or revoked ;
(e) prohibiting the persons that are required to be
licensed in respect of transporting, processing or distributing milk from engaging in any such business except under the authority of a licence;
(J) providing for the furnishing of security or proof of financial responsibility by processors and distributors;
(g) prescribing the terms of payment for milk purchased from producers;
(h) providing for the payment to marketing agencies of licence fees in different amounts and in instalments by producers represented by marketing agencies and for the collection thereof b\- processors and dis- tributors;
(i) prescribing the form of the by-laws of marketing agencies;
(j) prescribing the conditions under which milk shall be received, handled, transported, stored, delivered or supplied ;
(k) prohibiting the sale of milk by retailers and others at less than or more than the cost thereof and a reasonable margin for handling and profit;
(I) providing for the purchase of milk from producers on a quota basis;
(w) prescribing fair business practices relating to the marketing of milk;
126
10
(n) providing for the regulation and control of the delivery routes of distributors, including the number of deliveries that shall be made in each week and the days upon which deliveries shall be made;
(o) prescribing the types of containers that shall be used by distributors;
(P) requiring producers, transporters, processors, dis- tributors and persons who keep for sale or sell milk to furnish to the Board such information or returns as the Board may determine;
(q) prescribing the records that shall be kept b\- trans- porters, processors and distributors;
(r) prescribing the powers and duties of field-men and insfjectors;
(s) exempting any person or class of persons from this Act or the regulations or any part thereof; and
(/) respecting any other matter necessary or advisable to carry out effectively the purposes of this Act.
may^b^***"^' ^^^ ^^^ regulation made under this section may be limited limited. as to time and place. R.S.O. 1937, c. 76, s. 15, amended.
15. Every person who violates any of the provisions of this Act or the regulations, or any order, agreement or award made under this Act shall be guilty of an offence and liable, for a first offence, to a penalty of $50, and for a second or subsequent ofTence, to a penalty of not less than $100 and S*i36^*^*" "°^ "^^""^ t^^" ^5^0, recoverable under The Summary Con- victions Act. R.S.O. 1937, c. 76, s. 19, amended.
J^iceedlngs. 1®-— (1) Where it is made to appear from the material filed or evidence adduced that any offence against this Act or the regulations or any order, agreement or award made under this Act has been or is being committed, the Supreme Court or a judge thereof may, upon the application of the Board, enjoin any transporter, processor or distributor from carrying on business as a transporter, processor or distributor, abso- lutely, or for such period as seems just, and any injunction shall ipso facto cancel the licence of the transporter, processor or distributor named in the order during the same period.
tion may be (2) The application under subsection 1 may be made " *""" without any action being instituted either, —
(a) by an ex parte motion for an interim injunction 126
tx pari*.
11
which shall, if granted, remain in full force for ten days from the date thereof unless the time is ex- tended or the originating motion mentioned in clause b is sooner heard and determined; or
(b) by an originating notice of motion which, if an interim injunction has been granted, shall be served within five days and be returnable within ten days from the date of such interim injunction. R.S.O. 1937, c. 76, s. 18.
17. The moneys required for the purposes of this Act Provision shall be paid out of such moneys as may be appropriated requ?red^.^^ therefor by the Legislature. R.S.O. 1937, c. 76, s. 2 (5).
18. The Milk Control Act, being chapter 76 of the Revised Rev. stat., Statutes of Ontario, 1937, section 20 of The Statute Law i94o', c. 28, Amendment Act, 1940, The Milk Control Amendment ^c^ c. 31- 1944', 1941, The Milk Control Amendment Act, 1944, and The Milkl\li\l^^'^'' Control Amendment Act, 1947, are repealed. peaied.
19. This Act shall come into force on the day upon which commence-
, T-. , . ^ ment of Act.
It receives the Royal Assent.
20. This Act may be cited as The Milk Control Act, 1948. short title.
126
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No. 127
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Fuel Supply Act.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
The powers given the Fuel Controller in Part II of the Act are new and are designed for use in emergencies and in periods when natural gas is in short supply.
In order that the Controller may act quickly and effectively, his orders under section 10 of the Act are not required to be filed and published under The Regulations Act, 1944.
Part III of the Act contains what was previously covered in section 9 of the Act, omitting the matters now dealt with in Part II.
127
No. 127 1943
BILL
An Act to amend The Fuel Supply Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 9 of The Fuel Supply Act, as re-enacted by J'^s'^g,^**^- section 1 of The Fuel Supply Amendment Act, 1947, is repealed ^i^'l'^- and the following substituted therefor: re-enacted.'
PART II.
GAS FUELS.
9. In this Part "gas fuel" means natural gas and includes ''^^ fuel"
•c ■ , , , , defined.
artincial gas, propane or butane used to supplement natural gas.
10.^(1) Notwithstanding any other Act the Controller controller, may, —
(a) regulate and control the quantity of gas fuel that may be held or distributed by any person or in any designated area;
{b) prohibit or regulate and control the use of gas fuel by any person or in any designated area;
(c) fix the price at which gas fuel may be sold or
disposed of, except where the natural gas
referee has such jurisdiction under The^^^^^^^^'
Natural Gas Conservation Act;
(d) require the construction, installation, erection or acquisition of any works, pipe lines, plant, machinery, equipment or appliances necessary for the production, transmission and distri- bution of gas fuel, and apportion and allocate the cost thereof;
127
{e) regulate and control the installation and re- moval of appliances using gas fuel and provide for the issue of permits authorizing the instal- lation thereof; and
(/) impose penalties on persons who fail to comply with any order, requirement or direction made or issued under this section.
Orders to be deemed administra- tive.
(2) Every order, requirement or direction made or issued under this section shall be deemed to be adminis- trative and not of a legislative nature.
PART III.
GENERAL.
tiono/'^ctf' ^^- ^^'^ ^^^ ^^^'' "°^ apply to electricity or to petroleum or petroleum products except as provided in Part II.
Commence- 2. This Act shall come into force on the day upon which it ment of Act. • . t^ , « j f
receives the Royal Assent.
Short title. 3. This Act may be cited as The Fuel Supply Amendment Act, 1948.
127
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No. 127
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Fuel Supply Act.
Mr. Frost
(Reprinted as amended in Committee of the Whole House.)
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
The powers given the Fuel Controller in Part II of the Act are new and are designed for use in emergencies and in periods when natural gas is in short supply.
In order that the Controller may act quickly and effectively, his orders under section 10 of the Act are not required to be filed and published under The Regulations Act, 1944.
Part III of the Act contains what was previously covered in section 9 of the Act, omitting the matters now dealt with in Part II.
127
No. 127 1948
BILL
An Act to amend The Fuel Supply Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 9 of The Fuel Supply Act, as re-enacted byj®^3^%*- section 1 of The Fuel Supply Amendment Act, 1947, is repealed (i^*?. " and the following substituted therefor: re-enacted,'
PART 11.
GAS FUELS.
9. In this Part "gas fuel" means natural gas and includes '"Oas fuel*, artificial gas, propane or butane used to supplement natural gas.
10.— (1) Notwithstanding any other Act the Controller g°X™iier. may,—
(a) regulate and control the quantity of gas fuel that may be held or distributed by any person ;
{h) prohibit or regulate and control the use of gas fuel by any person;
(c) fix the price at which gas fuel may be sold or
disposed of, except where the natural gas
referee has such jurisdiction under The^^^^^^^-'
Natural Gas Conservation Act;
(d) require the construction, installation, erection or acquisition of any works, pipe lines, plant, machinery, equipment or appliances necessary for the production, transmission and distri- bution of gas fuel, and apportion and allocate the cost thereof;
127
(e) regulate and control the installation and re- moval of appliances using gas fuel and provide for the issue of permits authorizing the instal- lation thereof; and
(/) impose f)enalties on persons who fail to comply with, any order, requirement or direction made or issued under this section.
Orders to (2) Every order, requirement or direction made or issued
BdminiBtra- under this section shall be deemed to be adminis-
**^*" trative and not of a legislative nature.
PART III.
GENERAL.
Son 'o/'Icr' ^2. This Act shall not apply to electricity or to petroleum
or petroleum products except as provided in Part II.
Commence- 2. This Act shall come into force on the day upon which it ment of Act. • i t-. • a j r-
receives the Royal Assent.
Short title. 3. This Act may be cited as The Fuel Supply Amendment Act, 1948.
127
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No. 127
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Fuel Supply Act.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 127 1948
BILL
An Act to amend The Fuel Supply Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 9 of The Fuel Supply Act, as re-enacted by J'^^g ^**^- section 1 of The Fuel Supply Amendment Act, 1947, is repealed (1947. ' and the following substituted therefor: re-enacted.'
PART II.
GAS FUELS.
9. In this Part "gas fuel" means natural gas and includes "Qas fuel', artificial gas, propane or butane used to supplement natural gas.
10.— (1) Notwithstanding any other Act the Controller controller, may,—
{a) regulate and control the quantity of gas fuel that may be held or distributed by any person ;
{h) prohibit or regulate and control the use of gas fuel by any person;
(c) fix the price at which gas fuel may be sold or
disposed of, except where the natural gas
referee has such jurisdiction under ^^^^Ya.^***"
Natural Gas Conservation Act;
(d) require the construction, installation, erection or acquisition of any works, pipe lines, plant, machinery, equipment or appliances necessary for the production, transmission and distri- bution of gas fuel, and apportion and allocate the cost thereof;
127
(e) regulate and control the installation and re- moval of appliances using gas fuel and provide for the issue of permits authorizing the instal- lation thereof; and
(/) impose penalties on persons who fail to comply with any order, requirement or direction made or issued under this section.
Orders to (2) Every order, requirement or direction made or issued
adm^iTtra- Under this section shall be deemed to be adminis-
*'^*' trative and not of a legislative nature.
PART III.
GENERAL.
Non-apj^uca- 12. This Act shall not apply to electricity or to petroleum or petroleum products except as provided in Part II.
Commence- 2. This Act shall come into force on the day upon which it
ment of Act. • . t^ . * J f
receives the Royal Assent.
Short title. 3. This Act may be cited as The Fuel Supply Amendment Act, J 948.
127
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No. 128
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Mining Tax Act.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1 . All mining claims and mining locations are subject to tax. Formerly many large parcels of land were taken up under The Mining Act which to-day are not valuable for mining purposes although they may be of value for timber or summer resort purposes. If these lands are being held and used for other than mining purposes, they are subject to tax under The Provincial Land Tax Act. In other words, at the present time they are subject to taxation under The Mining Tax Act and The Provincial Land Tax Act.
The amendment relieves the owner from taxation under The Mining Tax Act where he voluntarily surrenders the mineral rights to the Crown. Where the surface rights are taxable under The Provincial Land Tax Act, the taxation of the property under The Mining Tax Act is restricted to the mining rights.
Section 2. Upon forfeiture lands are revested in the Crown and the original patent or lease cancelled and annulled (section 20, subsection 3). This clears the way for registering a patent of a restaking ^s a new parcel. The amendment provides for this practice in land titles offices as well as in registry offices.
Section 3. Under the section as re-enacted the tax on natural gas used in Canada may be remitted to the extent of $250 in order to encourage the development of new sources of natural gas.
128
No. 128 1943
BILL
An Act to amend The Mining Tax Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 14 of The Mining Tax Act, as re-enacted by ^^g^' • ^tat., section 3 of The Mining Tax Amendment Act, 1046, is amended (1946. ' by adding thereto the following subsections: amended. '
(6) No such tax shall be payable in respect of a mining where tax claim or mining location where the owner has exe- ^^ p^^^'' *• cuted and filed with the Deputy Minister of Mines
a conveyance to the Crown of the mining rights in, upon and under the same.
(7) Where the mine assessor is satisfied that the surface where Act
.,^. ^ r . . , . ... . applicable
rights m respect ot a mmmg claim or mining location to mining are being used for purposes other than that of mining"^ ^ °^ ^' or the mineral industry, this Act shall apply only to the mining rights.
2. Subsection 7 of section 20 of The Mining Tax Act is^ey-stat.,
* c. 28, 8. 20.
repealed and the following substituted therefor: subs. 7.
re-enacted.
(7) Any such certificate may be registered in the proper Registra- registry or land titles office, and thereupon T^Ae certificate. Registry Act or The Land Titles Act, as the case may Rev. stat.. be, shall cease to apply to the land affected thereby, ^°' and the registrar or local master of titles shall note the fact in his register in red ink.
3. Section 26 of The Mining Tax Act is repealed and the Rev stat..
r II • 1 • , , f c. 28. s. 26.
lollowing substituted thereior: re-enacted.
26. — (1) Every person producing natural gas shall be^ax^^^^^^ liable for and pay an annual tax as follows:
(a) Where exported from Canada — two cents a thousand cubic feet.
128
(b) Where consumed in Canada — one-half cent a thousand cubic feet. .
Reminlon of tax.
(2) The Minister may remit the annual tax to the extent of S250 on natural gas consumed in Canada.
0^*28. ^'%V. ^- Section 46 of The Mining Tax Act is repealed and the r«-«nacted. following substituted tRerefor:
Remission of tax on iron ore profits.
46. The Minister may remit the tax upon the profits arising out of the mining of iron ore where he is satisfied that such iron ore has been smelted iv Canada or delivered to a blast furnace therein for the purpose of being smelted.
Short title.
5. This Act may be cited as The Mining Tax Amendment Act, 1948.
128
Section 4. Self-explanatory.
128
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No. 128
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Mining Tax Act.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 128 1948
BILL
An Act to amend The Mining Tax Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 14 of The Mining Tax Act, as re-enacted by^^^g l**^*^' section 3 of The Mining Tax Amendment Act, 1946, is amended ^^^l^-
by adding thereto the following subsections: amended. '
(6) No such tax shall be payable in respect of a mining where tax
^ , . ....■', ,^ , ° not payable.
claim or mining location where the owner has exe- cuted and filed with the Deputy Minister of Mines a conveyance to the Crown of the mining rights in, upon and under the same.
(7) Where the mine assessor is satisfied that the surface where Act
. ... ... applicable
rights in respect of a mining claim or mining location to mining
^ . . *^,, ^, , , ^ ^ . . rights only.
are being used for purposes other than that oi mining or the mineral industry, this Act shall apply only to the mining rights.
2. Subsection 7 of section 20 of The Mining Tax Act is ^^v^- ^ta^^,^ repealed and the following substituted therefor: re-enacted
(7) Any such certificate may be registered in the proper Regist^ra- registry or land titles office, and thereupon TAe certificate. Registry Act or The Land Titles Act, as the case may Rev. stat.. be, shall cease to apply to the land affected thereby,*'*'' and the registrar or local master of titles shall note the fact in his register in red ink.
3. Section 26 of The Mining Tax Act is repealed and the Rev^ sta|^._ following substituted therefor: re-enacted.
26.— (1) Every person producing natural gas shall beTax^o^g^ liable for and pay an annual tax as follows:
(a) Where exported from Canada— two cents a thousand cubic feet.
128
Remlasion of tax.
Rev. Stat., c. 28. B. 46, re-enacted.
(6) Where consumed in Canada — one-half cent a thousand cubic feet.
(2) The Minister may remit the annual tax to the extent of $250 on natural gas consumed in Canada.
4. Section 46 of The Mining Tax Act is repealed and the following substituted therefor:
Remission of tax on iron ore profits.
Short title.
46, The Minister may remit the tax upon the profits arising out of the mining of iron ore where he is satisfied that such iron ore has been smelted in Canada or delivered to a blast furnace therein for the purpose of being smelted.
5. This Act may be cited as The Mining Tax Amendment Act, 1948.
128
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No. 129
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Assessment Act.
Mr. Dunbar
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
This Bill authorizes agreements between public utilities which are operated by or on behalf of a municipal corporation and which are exempt or partially exempt from taxation to provide for payment to the corporation for any of the municipal services rendered. No such agreement may be made hereafter without the approval of the Department of Municipal Affairs.
"Public utility" is defined in The Department of Municipal Affairs Act as:
any waterworks, gasworks, including works for the transmission, distribution and supply of natural gas, electrical power or energy works, or system for the generation, transmission or distribution of electric light, heat or power, any telephone system, any street or other railway system, any bus or other public transportation system and any other works or system for supplying the inhabitants generally with neces- saries or conveniences which are vested in or owned, controlled or operated by a municipality or municipalities or by a local board.
129
No. 129 1948
BILL
An Act to amend The AssessmentlAct.
m
HIS MAJESTY, by and with the advice and consent of the Legislative Assembl>- of the Province of Ontario, enacts as follows:
1. The Assessment Act is amended bv adding thereto theRey stat..
° c. 272,
following section: amended.
47a. — (1) Where the council of a municipal corporation, Payment by or a commission or trustees or other body acting for for services, and on behalf of the corporation, operates a public utility (as defined in The Department oj Municipal ^^^g^^^- Affairs Act) which is exempt or partially exempt from municipal taxation, the council, commission, trustees or other bod\' ma\' agree to pay for any of the following municipal services rendered by the corporation :
(a) fire protection;
(b) police protection;
(c) law enforcement;
(d) street lighting;
(e) snow and ice removal, including sanding
streets, sidewalks and other thoroughfares;
(y) drainage; .
(g) sanitation and waste removal;
(h) conservation of health.
(2) Notwithstanding any general or special Act, no Approval of agreement between a public utility and a municipal required, corporation to pay for municipal services shall be made hereafter without the approval of the Depart- ment.
2. This Act shall come into force on the 1st dav of Tune, Commence-
4 QAQ " ment of Act.
129
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No. 129
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Assessment Act.
Mr. Dunbar
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 129 1948
BILL
An Act to amend The Assessment Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Assessment Act is amended by adding thereto the ^^J^g^***-
following section : amended.
47a. — (1) Where the council of a municipal corporation, Payment by
^ . . 1 1 1 • f public utility
or a commission or trustees or other body acting tor for services. and on behalf of the corporation, operates a public utility (as defined in The Department oj Municipal f[^^Q_^^^^" Affairs Act) which is exempt or partially exempt from municipal taxation, the council, commission, trustees or other body may agree to pay for any of the following municipal services rendered by the corporation :
(a) fire protection ;
(b) police protection;
(c) law enforcement;
(d) street lighting;
(e) snow and ice removal, including sanding
streets, sidewalks and other thoroughfares;
(j) drainage;
(g) sanitation and waste removal;
(h) conservation of health.
(2) Notwithstanding anv general or special Act, no Approval of
, ' 1 1- -I- 1 • • 1 Department
agreement between a public utility and a municipal required, corporation to pay for municipal services shall be made hereafter without the approval of the Depart- ment.
2. This Act shall come into force on the 1st day of Tune, commence-
^Q^Q '' ment of Act.
129
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No. 130
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Public Lands Act.
Mr. Scott
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note This Bill is self-explanatory.
130
No. 130 1948
BILL
An Act to amend The Public Lands Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :
1. Section 3 of The Public Lands Act, as amended by sub- Rev. stat.,
' c 33 s 3
sections 1 and 2 of section 30 of The Statute Law Amendment re-enacted. Act, 1942, is repealed and the following substituted therefor:
3. There shall be, —
(a) a Deputy Minister of Lands and Forests who shall be appointed by the Lieutenant-Gover- nor in Council, who shall have charge of the administration of the Department and such other duties as rhay be assigned to him by the Lieutenant-Governor in Council or the Min- ister; and
{h) a Deput}' Minister of Forestry who shall be appointed by the Lieutenant-Governor in Council, who shall have charge of matters respecting reforestation, forest protection, forest research and investigation and such other duties as may be assigned to him by the Lieutenant-Governor in Council or the Minister.
2. This Act mav be cited as The Public Lands Amendment ^hort title. Act, 1948,
130
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No. 130
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Public Lands Act.
Mr. Scott
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
No. 130 1948
BILL
An Act to amend The Public Lands Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 3 of The Public Lands Act, as amended by sub-^%^- stat.. sections 1 and 2 of section 30 of The Statute Law Amendment ^e-enacted. Act, 1942, is repealed and the following substituted therefor:
3. There shall be, —
(a) a Deputy Minister of Lands and Forests who shall be appointed by the Lieutenant-Gover- nor in Council, who shall have charge of the administration of the Department and such other duties as may be assigned to him by the Lieutenant-Governor in Council or the Min- ister; and
(6) a Deputy Minister of Forestry who shall be appointed by the Lieutenant-Governor in Council, who shall have charge of matters respecting reforestation, forest protection, forest research and investigation and such other duties as may be assigned to him by the Lieutenant-Governor in Council or the Minister.
2. This Act may be cited as The Public Lands Amendment ^^ort title. Act, 1948.
130
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No. 131
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Forestry Act.
Mr. Scott
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
Explanatory Note
The provisions of this Bill are self-explanatory. They implement the recommendations in this regard of the Royal Commission on Forestry.
131
No. 131 1948
BILL
An Act to amend The Forestry Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 16 of The Forestry Act, as re-enacted by section 4^®Jg ^*^i6 of The Statute Law Amendment Act, 1944 and amended by (i^l*- subsection 6 of section 20 of The Statute Law Amendment ^c/, re-enacted.' 1946, is repealed and the following substituted therefor:
16. — (1) There shall be a committee to be known as the Advisory
* 1 . . . r T 1 Committee.
"Advisory Committee to the Minister of Lands and Forests" consisting of a chairman and eight other members, each of whom shall be appointed by the Lieutenant-Governor in Council for such term as may be specified in the Order-in -Council.
(2) Each of the following interests shall be represented be*repre- *° on the Committee: the building industry, education, rented, finance, the forest engineers, labour, the lumber industry, the mining industry, the pulp and paper industry and the railways.
(3) The remuneration and expenses of the members of t^g^and'^^"
the Committee shall be paid out of the Consolidated expenses. Revenue Fund.
(4) The Committee shall have a secretary who shall be a secretary. civil servant and who shall perform such other duties
as may be assigned to him.
(5) The Committee shall meet monthly or otherwise as Meetings. may be agreed upon by the Minister and the Com- mittee.
(6) It shall be the duty of the Committee to advise the duties. Minister upon forest policy, either generally or in
any particular that may- be initiated by the Minister or by the Committee, regard being had to the con-
131
servation, development and utilization of the forest resources of Ontario.
Short title.
2. This Act may be cited as The Forestry Amendment Act, 1948.
131
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No. 131
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Forestry Act.
Mr. Scott
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
No. 131 1948
BILL
An Act to amend The Forestry Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 16 of The Forestry Act, as re-enacted by section ^^^^a sta*.. of The Statute Law Amendment Act, 1944 and amended by d^t*-
C. 58 S. 4)
subsection 6 of section 20 of The Statute Law Amendment ^c/, re-enacted! 1946, is repealed and the following substituted therefor:
16. — (1) There shall be a committee to be known as the^dvisory ,< * 1 • /^ • 1 TVT- • r T I .Committee.
Advisory Committee to the Minister of Lands and
Forests" consisting of a chairman and eight other
members, each of whom shall be appointed by the
Lieutenant-Governor in Council for such term as
may be specified in the Order-in-Council.
(2) Each of the following interests shall be represented be*repre- *° on the Committee: the building industry, education, ^®'^*®<*- finance, the forest engineers, labour, the lumber industry, the mining industry, the pulp and paper industry and the railways.
(3) The remuneration and expenses of the members of ^o^J^^nd'^*'
the Committee shall be paid out of the Consolidated expenses. Revenue Fund.
(4) The Committee shall have a secretary who shall be a secretary.
civil servant and who shall perform such other duties as may be assigned to him.
(5) The Committee shall meet monthly or otherwise as^eeti^s*-
may be agreed upon by the Minister and the Com- mittee.
(6) It shall be the duty of the Committee to advise the Dutiw. Minister upon forest policy, either generally or in
any particular that may be initiated by the Minister or by the Committee, regard being had to the con-
131
servation, development and utilization of the forest resources of Ontario.
Short title.
2. This Act may be cited as The Forestry Amendment Act, 1948.
131
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No. 132
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Insurance Act.
Mr. Blackwell
T O R O NT O
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Skction 1. The proposed section 82a eliminates the doctrine of public policy in resjject to contracts of indemnity except in those cases where the loss or damage is deliberately brought about by the insured or by another person with his consent, unless the contract otherwise provides. The enactment of the section is recommended in view of the conflict between the decisions in the F^nglish and Canadian courts on the question of public policy. Under Canadian law, an insured driving while intoxicated so as to be guilty of a crime under section 285 of the Criminal Code is precluded from obtaining indemnity for damages which may ensue. .Such, however, does not appear to be the decision of the English Courts.
Section 2 — Subsection 1. The majority of group life insurance policies are issued to employers covering their employees. However, some other types exist, e.g., group insurance taken out by a union to cover its members. The amendments must adapt Part V of the Act to clarify the rights of the parlies in all types of groups. Accordingly the definition of "group life insurance" is necessarily broad in its scope. The only exclusions are (i) joint life insurance where the death of one person affects the insurance of the other life or lives (this exclusion is accomplished by the use of the word "severally") and (ii) creditor's group life insurance where a creditor insures the lives of his debtors and thus payment of the benefit is made to him and not to lieneficiaries named by the persons insured. The general provisions of Part V appear adequate to determine the rights of the parties m these two types of insurance.
132
No. 132 1948
BILL
An Act to amend The Insurance Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Insurance Act is amended by adding thereto theRev. stat..
following section: amended.
82a. Unless the contract otherwise provides, a violation violation of any criminal or other law in force in the province effect^ ofT or elsewhere shall not, ipso facto, render unenforce- fjf^jgj^^j^^y^^ able a claim for indemnity under a contract of insurance except where the violation is committed by the insured, or by another person with the consent of the insured, with intent to bring about loss or damage, provided that in the case of a contract of life insurance this section shall apply only to dis- ability insurance undertaken as part of the contract.
2. — (1) Section 128 of The Insurance Act, as amended byRey. stat.. section 5 of The Insurance Amendment Act, 1946, is further amended, amended by adding thereto the following paragraphs:
6a. "Creditor's group life insurance" means life insurance "Creditor's
. . r • 1 group life
effected by a creditor on the lives of his debtors insurance". whereby the lives of the debtors are insured severally under a single contract;
9a. "Group life insurance" means life insurance, other "Group life than creditor's group life insurance, whereby the lives of a number of persons are insured severally under a single contract between an insurer and an employer or other person contracting with the insurer;
132
Rev. Stat.. (2) Paragraph 13 of the said section 128 is repealed and the
p'ar. 18.' folIowinK substituted therefor: re-enaoted.
"iDBured". 13, "Insured" means the person who makes a contract
with an insurer;
3. Section 129 of The Insurance Act is amended by adding
Rev. Stilt.,
0.266.8. 120. , , r II • u *•
amended. thereto the followmg subsection:
Exception as to applica- tion of section.
(5) This section does not apply to a contract of group life
insurance.
4. The Insurance Act is amended by adding thereto the
Rev. Stat..
o. 266. , „ .
amended. following section:
Law
applicable in case of
ftroup life nsu ranee.
129a. In the case of a contract of group life insurance, whether made before or after the coming into force of this section, —
(a) the law of. the place where the contract was made shall apply between the insurer and the insured;
(6) the law of the place where the person whose life is insured was resident at the time his life became insured shall apply in determining the rights and status of beneficiaries and the rights and obligations of the person whose life is insured.
cl^lzeefs^Vao. ^- Section 130 of The Insurance Act is amended by adding amended. thereto the following subsection:
Exception as to appli- cation of section.
(2) This section does not apply to a contract of group life insurance.
Rev. Stat. Q^ — (1) Subsection 1 of section 132 of The Insurance Act
c. 266, s. 132, ,
subs. 1, re- is repealed and the following substituted therefor:
enacted.
Contents of policy.
(1) Every policy issued after the 1st day of January, 1925, other than a group life insurance policy, shall state the name or sufficient designation of the insured, of the person whose life is insured, and of the bene- ficiary, the insurance money payable, the manner of payment, the premium, and the facts that determine the maturity of the contract.
Contents of group life insurance policy.
(la) Every group life insurance policy shall state the name or sufficient designation of the insured, the method
132
p
Subsection 2. The paragraph as re-enacted defines the "insured" as the contracting party. The wording of the present paragraph is confusing particularly where the contracting party is someone other than the person whose life is insured.
Sections 3, 4 and 5. Section 129, dealing with the application of Part V, and section 130, describing when the contract is deemed to be made in the Province, are, in their present form, inappropriate in relation to group life insurance. The purpose of the proposed section 129a is to make it clear that the law relating to the rights of certificate holders and beneficiaries shall be governed by the law of the Province in which the life insured was resident at the time he became insured, even though the law of the place where the contract was made applies to the relations between the insurer and the employer.
Section 6 — Subsection 1. Subsection 1 of section 132 of the Act prescribes what must be included in the policy. In view of the differences between ordinary insurance and group insurance it is necessary to make special provision for the latter (proposed subsection la). Subsection 1 is amended by the insertion of the words "other than a group life insurance policy" after the figures "1925".
132
Subsection 2. The words "of the insured" which appear after the word "disablement" in the present subsection 4 of section 132 of the Act have been deleted because the disablement might refer to either the insured or the person whose life is insured. The amendment is necessary in view of the change in the definition of "insured". The proposed subsection 4c relates to group life insurance. It requires certificates to be issued setting forth the information of interest to each life insured.
Section 7. The proposed section 132a makes it clear that, although the term "insured" in Part V generally refers to the employer or other person making the contract with the insurer, nevertheless in the provisions of the Part relating to the designation and appointment of beneficiaries and the rights and status of beneficiaries the life insured may exercise the rights given the "insured".
Section 8. The words "person whose life is" have been inserted before the word "insured" where it appears in the section. See note to subsection 2 of section 2 of this Bill.
132
3
of determining the amount of insurance on each life and the persons or classes of persons whose lives are insured, and the facts that determine the manner and time of payment of the insurance money and the amount of the premium.
(2) Subsection 4 of the said section 132 is repealed and the Rev. stat., following substituted therefor: subs. 4, re- '
enacted.
(4) Every policy which includes disability insurance contents shall further state what notice of disablement shall *^^ policy. be given to the insurer.
(4a) In the case of a contract of group life insurance contents of made after the date of the coming into force of thisfnsuranc^e subsection, the insurer shall issue, for delivery by theP°^'^^'- insured to each person whose life is insured under the policy, a certificate identifying the policy and stating the name or sufficient designation of the person whose life is insured, of his beneficiary, of the insurer, and of the insured, and stating the amount or the method of determining the amount of insurance and indicating any right of the person whose life is insured upon termination of insurance on his life under the policy.
7. The Insurance Act is amended by adding thereto the Rev. stat.. following section: amended.
132fl. — (1) Except as provided in subsection 2, in the case "insured", — of group life insurance the employer or other person "^^^"^"s of. making the contract with the insurer is the insured for the purposes of this Part.
(2) In the case of group life insurance the term "insured" idem, shall, in the provisions of this Part relating to the designation or appointment of beneficiaries and the rights and status of beneficiaries, mean the person whose life is insured.
8. Section 133 of The Insurance Act is repealed and the^gv st^t., following substituted therefor: re-eni'ct'ed^^'
133. Where the amount of insurance money, exclusive Payment of of dividends and bonus, does not exceed $2,000, the^^Sing* policy, notwithstanding that it is expressed to be^^.ooo. payable to a named or designated beneficiary, may provide that the insurance money may be paid to any relative by blood or connection by marriage of the person whose life is insured or any other person appearing to the insurer to be equitably entitled to
132
the same by reason of having incurred ^expense for the maintenance, medical attendance or burial of the f)erson whose life is insured or to have a claim against .the estate of the person whose life is insured in relation thereto.
9. Subsection 2 of section 135 of The Insurance Act is
R«7. Stat.. 0.266,4. 136.
2n^t«d.™' repealed and the following substituted therefor:
InoontoBta- bility of statements.
(2) The Statements made by the insured, or the person whose life is insured, in the application, on the medical examination (if any), or in any statements or answers furnished in lieu of a medical examination other than fraudulent statements or statements erroneous as to age, shall be deemed to be true and incontestable after the insurance of the person whose life is insured has been in force for two years during his lifetime, but this provision shall not apply with respect to disability insurance or double indemnity insurance.
?1j66^8*V38 ^^" Section 138 of The Insurance Act is amended by adding amended. ' thereto the following subsection:
Exception as to
application of section.
(6) This section does not apply to a contract of group life insurance.
Rev. Stat. C. 256, amended.
Age.
Rev. Stat., c. 256.8. 139, subs. 2, re- enacted.
11. The Insurance Act is amended by adding thereto the following section :
138a. If a contract of group life insurance provides that the age of a person whose life is insured affects the commencement or the termination of the insurance or the amount thereof or any other right or benefit under the contract, the true age shall govern.
12. Subsection 2 of section 139 of The Insurance Act is repealed and the following substituted therefor:
Effect of default in payment of premium.
(2) Subject to the provisions of section 140, where a cheque, bill of exchange or promissory note payable to the insurer, or other written promise to pay the insurer, is given, whether originally or by way of renewal, for the whole or part of any premium, and such cheque, bill of exchange, or promissory note, or other written promise to pay, is not paid according to its tenor, the contract shall, unless otherwise pro- vided in the policy, be void.
13. Subsection 4 of section 141 of The Insurance Act is
Rev. Stat., o. 266,8. 141,
en^ted.'^®' repealed and the following substituted therefor:
i32
Section 9. The words "insurance on the person whose life is insured has been in force for two years during his lifetime" have been substituted for "contract has been in force for two years during the lifetime of the person whose life is insured". In group insurance persons insured frequently join the group after the contract has been in force a number of years, conse- quently the two-year incontestability period should date from the time the insurance becomes effective on each life insured rather than from the date the contract is made. The subsection as re-enacted will apply to both group and individual contracts.
Section 10. See note to section 11 of this Bill.
Section 11. Section 138, respecting misstatement of age, is not applicable to group insurance. Group insurance contracts provide that if a misstatement of age has been made the premium will be equitably adjusted provided the misstatement does not affect, for instance, the termination of the insurance or of a benefit such as a total disability benefit.
._^*
Section 12. The words "such cheque, bill of exchange or promissory note, or other written promise to pay, is not paid according to its tenor" are substituted for "the instrument, if payable on demand, is not paid upon presentment made on or after its date, or if payable at a future time, is not paid upon presentment made at or after its maturity". In Walsh v. Excelsior Life (1935, O.R. 445; affirmed on appeal 1936 O.W.N. 84) it was said that subsection 2 of section 139 of the Act requires a note given in payment of a premium to be presented personally for payment. In the Walsh case reference was made to subsection 3 of section 93 of the Act relating to contracts of insurance other than contracts of life insurance. The Court indicated that under that provision presentment was not necessary. There appears to be no sound reason to require presentment for life contracts and not for non-life contracts. The expression "according to its tenor" is in line with the general law relating to bills of exchange, etc.
Section 13. The words "or to a contract of group life insurance" have been added at the end of subsection 4 of section 141 of the Act. In the case of group life insurance the contract is between the employer and the insurer and reinstatement requirements applicable to ordinary insurance are not necessary.
132
Section 14. Where a policy is taken out by a parent on the life of his minor child some provision should be made for transfer of the ownership of the policy on the parent's death, otherwise the ownership of the policy passes to the parent's estate. In many cases no other asset exists and it seems unreasonable to put the parties to the expense of obtaining letters of administration or probate simply to permit effective dealing with the policy by, usually, the surviving parent. The proposal, therefore, is to establish a simple means of transferring ownership at death while at the same time permitting the original owner to maintain control of the policy during his lifetime.
Section 15. Frequently the owner of a policy on the life of someone else wishes to transfer the policy to the life insured, e.g., where a parent has taken out a policy on his minor child and wishes the child to have control of the policy when he reaches majority. The proposed section 152a gives the child in such circumstances the right to appoint a beneficiary to take on death.
Section 16. The proposed subsection 2a is designed to enable the life insured under a contract of group life insurance to enforce any right the policy gives to him, e.g., the right of conversion.
132
(4) This section does not apply to a contract of insurance Exception made by a fraternal society or to a contract of application group life insurance. °^ section.
14. The Insurance Act is amended by adding thereto the Rev. stat., following heading and section : amended.
Third Party Policies on Lives of Minors.
150a. — (1) Where a contract effected on the life of a Third party minor by someone other than the minor, or an agree- {-ves'of °" ment in writing between the insurer and the insured minors. respecting such a contract, provides that a person named in the contract or the agreement shall upon the death of the insured have all the rights and interests of the insured in the contract, —
(a) the contract shall not, upon the death of the insured, form part of his estate; and
(6) the person named pursuant to this section shall, upon the death of the insured, have all rights and interests of the insured in the contract and shall be deemed to be the insured.
(2) Notwithstanding any nomination made pursuant to saving. this section the insured may, prior to his death, deal with the contract as if such nomination had not been made, and may alter or revoke such nomination by agreement in writing with the insurer.
15. The Insurance Act is amended by adding thereto the Rev. stat.,
following section : amended.
152a. Where a contract is assigned, otherwise than asAppoint- security for a loan or debt, to the person whose life b^^^ficiary. is insured, that person shall thereupon be deemed to be the insured.
16. Section 153 of The Insurance Act, as amended byj^ev. stat., section 6 of The Insurance Amendment Act, 1946, is further ^^^^^|^^^^' amended by renumbering subsections 2a and 2b as subsections
26 and 2c respectively, and by adding thereto the following subsection :
insurance.
(2a) A person whose life is insured under a contract of Group life group life insurance may in his own name enforce any right stated in the policy to be given to him, subject to any defence available to the insurer against him or the insured.
132
Surplus and profltH.
R«v. Stat., 17. Subsection 1 of section 164 of The Insurance Act is
siibs. i?re- ' repealed and the following substituted therefor: enacted .
(1) Notwithstanding the designation of .a preferred beneficiary, any person who effects a participating contract, other than a contract of group life insurance, may, during his lifetime, receive for his own benefit the surjjlus or profits declared on the contract or may direct the insurer to apply them in payment or recluction of premiums, or in the purchase of paid-up additions to the sum insured, or to hold them to his credit for accumulation, or to deal otherwise with such surplus or profits as the contract may provide, and upon the maturity of the contract, all surplus or profits so held to the credit of the insured, or being due and unpaid, shall, subject to the contract and to any direction by the insured to the contrary, be added to the insurance money and the share of any beneficiar>' shall be increased accordingly.
(la) In the case of group life insurance, surplus, profits, dividends or bonuses shall be applied in accordance with the terms of the contract.
Idem.
18. Subsection 2 of section 172 of The Insurance Act is
Rev. Stat., o. 256.8. 172,
subs. 2, re- repealed and the followmg substituted therefor: enacted. °
Place of payment.
(2) Except in the case of a contract of group life insurance, insurance mone^^ shall be payable in the province in which the insured is domiciled at the time of death, or in which he is domiciled when it becomes payable otherwise than by reason of death, or, if he was not or is not then domiciled in Canada and the contract does not otherwise provide, shall be payable at the head or principal oflfice of the insurer in Canada.
Idem.
(2a) In the case of a contract of group life insurance, insurance money shall be payable in the province in which the person whose life is insured is domiciled at the time of death, or in which he is domiciled when it becomes payable otherwise than by reason of death, or, if he was not or is not then domiciled in Canada and the contract does not otherwise provide, shall be payable at the head or principal oflfice of the insurer in Canada.
19. Section 175a of The Insurance Act, as enacted by
Rev. Stat., 0. 266.
(1940." section 5 of The Insurance Amendment Act, 1940, is repealed
re^n'acte^d' ^"^ ^^® following substituted therefor:
Contract not invalidated by suicide.
175a. An agreement, express or implied, contained in a
132
Section 17. The words "other than a contract of group life insur- ance" have been added after the words "participating contract" in subsec- tion 1 of section 164.
In group life insurance the contract continues after the death of a life insured and therefore dividends or rate changes are adjusted between the contracting parties. (See proposed subsection la.)
Section 18. The words "except in the case of a contract of group life insurance" have been added at the commencement of subsection 2 of section 172.
In view of the amendment made in subsection 2 of section 2 of this Bill whereby "insured" is defined as the person making the contract with the insurer, a subsection 2a is added to section 172 to indicate clearly that in group life insurance money is payable in the Province in which the life insured is domiciled.
Section 19. The words "person whose life is" have been inserted before the word "insured" in section 175a of the Act. See note to subsection 2 of section 2 of this Bill.
132
Section 20. The words "incurred upon payment into court in accord- ance with subsection 2" have been inserted after the word "costs" in sub- section 3 of section 1 79 of the Act. It has been said that the limits on costs in this subsection apply to payments into court under subsection 1 as well as under subsection 2. Applications under subsection 1 frequently involve substantially more time and effort on the part of solicitors than the fees prescribed contemplate. Accordingly, the amendment is designed to make clear what was, no doubt, always intended, i.e., that subsection 3 applies only to applications under subsection 2 and that the more general provisions of section 181 apply to applications under subsection 1.
Section 21. The words "fix and ascertain without taxation" in the first line are substituted for the word "order", and the words "subsection 1 of section 179 or under section 180 and may order such costs" are substituted for "section 179 or 180". In addition to clarifying the reference to section 179, as explained in the note to section 20 of this Bill, the re-enactment of section 181 is designed to clarify ambiguities in the present provision.
Section 22. The section repealed reads as follows:
187a. Indemnity under a contract of automobile insurance shall not be deemed contrary to public policy whether or not loss or damage in respect of which the indemnity is claimed has been caused through negligence or through violation of the Criminal Code or any law or statute of any province, state or cbuntry by the owner or driver of the automobile.
The form of this section, even in its application to automobile insur- ance, is not thought satisfactory in that it simply provides that "indemnity under a contract of automobile insurance shall not be deemed contrary to public policy", whereas it is considered advisable to provide, as does the proposed section 82a (section 1 of this Bill) that a violation of any law, etc., "shall not, ipso facto, render unenforceable a claim for indemnity" and it will be noted that the proposed section 82a is not limited to auto- mobile insurance.
Section 23 — Subsections 1 and 2. At the present time clause b of paragraph 1 and clause b of paragraph 2 of statutory condition 2 in section 188 of the Act prohibit the insured from using or driving the automobile while he is not for the time being "qualified and authorized by law to drive or operate the automobile" and in the case of a claim being made under the policy, if the insurer could prove that at the time of the accident the insured did not have a license or was not qualified to drive, the insurer could successfully resist payment of the claim. Under the amendments as proposed, the insured would not be in default in making his claim if he could prove that at the time of the accident he either had a license or was qualified to drive the automobile. In this connection it was the feeling of the Superintendents of Insurance that the Automobile Part of The Insurance Act should not be made a medium for enforcing the licensing provisions of The Highway Traffic Act and that the only concern of the insurer in such a case was whether the insured motorist was qualified to drive the automobile at the time of the accident or held a license to drive.
132
contract of life insurance for the payment of insur- ance money in the event that the person whose life is insured commits suicide shall be lawful and enforceable.
20. Subsection 3 of section 179 of The Insurance Act isRev. stat.. repealed and the following substituted therefor: subs. sfVe-^'
enacted.
(3) The insurer may retain out of the insurance money costs, for costs incurred upon payment into court in accord- ance with subsection 2, $10 if the amount does not exceed $1,000, and $15 in other cases, and payment of the remainder into court shall discharge the insurer.
21. Section 181 of The Insurance Act is repealed and the Rev. stat., following substituted therefor: re-enacted.
181. The court may fix and ascertain without taxation Costs of the costs incurred upon or in connection with anySndel-^ ^^^^ application or order made under subsection 1 of ^^" ^^^' ^^^' section 179 or under section 180 and may order such costs to be paid out of the insurance money or by the insurer or the applicant or otherwise as may seem just.
22. Section 187a of The Insurance Act, as enacted by^Yse?*^*" subsection 1 of section 5 of The Insurance Amendment -^c/.^gfj'' 1942, is repealed. subl'i) ^'
repealed. 23. — (1) Paragraph 1 of statutory condition 2 in section 188 Rev. stat., of The Insurance Act is amended by striking out the first twosta. con.' 2, ' lines and clause h and inserting in lieu thereof the following: amended.
(1) The insured shall not drive or operate the automobile:
{b) unless he is for the time being either authorized by law or qualified to drive or operate the automobile, or while he is under the age of sixteen years or under such other age as is prescribed by the law of the province where he resides at the time the policy is issued; or
(2) Clause h of paragraph 2 of statutory condition 2 in the Rev. stat.,
' • , ' c 256 s 188
said section 188 is repealed and the followmg substituted sta. con.' 2, '
therefor: rTen'act'id.''
{b) by any person, unless such person is for the time being either authorized by law or qualified to drive or operate the automobile, or while such person is under the age of sixteen years or under such other age as is prescribed by law; or
132
enacted.
?*26'6^8''V88 (•'^ Clause a of statutory condition 3 in the said section stB. con! 3. 188 is repealed and the following substituted therefor:
ol. a, re-
(a) with trailer attached where:
(i) the automobile is of other than the private passenger type; or
(ii) the automobile is of the private passenger type and the trailer is a cabin trailer, trailer home, or other trailer while such other trailer is being used for business, passenger- carrying or commercial purposes; or
c''*256?8?2i8. 24. Subsection 4 of section 213 of The Insurance Act is ^nacted"^* repealed and the following "substituted therefor:
Special (4) If in the opinion of the Superintendent, any condi-
tion or any part of a condition is not suitable having regard to the nature of the contract, the insurer may, with the approval of the Superintendent, omit the condition or part of a condition from the policy.
^®^,.o^'**o 1 A 25. Section 214 of The Insurance Act, as re-enacted by
C. 2ot>, 8. ^14 ' -'
(1939. section 3 of The Insurance Amendment Act, 1939, is repealed
re-en'ac'ted* and the following substituted therefor:
conditions,— 214. Where a policy of accident insurance is issued notice as to. through the agency of a transportation corporation
that holds a license issued under section 281, the statutory conditions set out in section 212 need not be printed on the policy if the policy contains the following notice printed in conspicuous type: "Not- withstanding any other provision herein contained this policy is subject to the statutory conditions respecting contracts of accident insurance".
£-^*"!fi-"i®„'f 26. This Act shall come into force on a day to be named ment of Act. , , , . -., ^ % • -n
by the Lieutenant-Governor by his Proclamation.
Short title. 27. This Act may be cited as The Insurance Amendment Act, 1948.
132
Subsection 3.' The effect of this amendment will be to relieve an insured motorist from securing the express permission from the com- pany by way of an endorsement on the policy if he uses an automobile of the private passenger type for other than business, passenger-carrying or commercial purposes, such as using a trailer to transport household goods to a summer home.
Section 24. There are many instances where certain of the prescribed statutory conditions have no application to the contract and are therefore not suitable but under the present subsection 4 of section 213 of the Act the Superintendent may approve of the omission of such conditions only "if the perils insured against are so limited that any condition other than those enumerated in this section, or any part of such a condition has no application to the contract". The proposed subsection is more flexible and clearly permits the omission of statutory conditions which have no relevancy to the contract.
Section 25. The present section 214 of the Act provides for the omission of statutory conditions only in cases where a policy of accident insurance is issued "in the forpi of a ticket through the agency of a trans- portation corporation". Formerly, the practice of a transportation com- pany in such cases was to issue such policies as part of the ticket. This system has been changed in recent years, however, and the policy is now issued in the form of a separate document apart from the ticket.
132
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No. 132
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
»
BILL
An Act to amend The Insurance Act.
Mr. Blackwell
T O R O NT O
i*rinted and published by baptist johnston
Printer to the King's Most Excellent Majesty
No. 132 1948
BILL
An Act to amend The Insurance Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Insurance Act is amended by adding thereto theRev. stat.,
r n • ^- ^ » ^ 256.
tollowmg section: amended.
82fl. Unless the contract otherwise provides, a violation violation of any criminal or other law in force in the province effect of7 or elsewhere shall not, ipso facto, render unenforce- ?f(jg|^^j^(.y°'' able a claim for indemnity under a contract of insurance except where the violation is committed by the insured, or by another person with the consent of the insured, with intent to bring about loss or damage, provided that in the case of a contract of life insurance this section shall apply only to dis- ability insurance undertaken as part of the contract.
2. — (1) Section 128 of The Insurance Act, as amended byRey. stat., section 5 of The Insurance Amendment Act, 1946, is further amended. amended by adding thereto the following paragraphs :
6a. "Creditor's group life insurance" means life insurance "Creditor's effected by a creditor on the lives of his debtors insurance", whereby the lives of the debtors are insured severally under a single contract;
9a. "Group life insurance" means life insurance, other "Group life than creditor's group life insurance, whereby the lives of a number of persons are insured severally under a single contract between an insurer and an employer or other person contracting with the insurer;
132
?%6^8*i28 (2) Paragraph 13 of the said section 128 is repealed and the
par. 13.' ■ following substituted therefor: re-«nacted. "
"Insured". 13, "Insured" means the person who makes a contract
with an insurer;
?'*25'6^8^i"29 ^- Section 129 of The Insurance Act is amended by adding amended. thereto the following subsection:
Exception as to applica- tion of section.
(5) This section does not apply to a contract of group life
insurance.
Rev. Stat., o. 266, amended.
4r. The Insurance Act is amended by adding thereto the following section:
Law
applicable in case of sroup life insurance.
129a. In the case of a contract of group life insurance, whether made before or after the coming into force of this section, —
(a) the law of the place where the contract was made shall apply between the insurer and the insured ;
(b) the law of the place where the person whose
life is insured was resident at the time his life became insured shall apply in determining the rights and status of beneficiaries and the rights and obligations of the person whose life is insured.
c!^*2^'6?8^V30. 5. Section 130 of The Insurance Act is amended by adding amended. thereto the following subsection:
Exception as to appli- cation of section.
(2) This section does not apply to a contract of group life insurance.
c*^ 2^56^8^ i'32 ^* — ^^^ Subsection 1 of section 132 of The Insurance Act
siibs. 1. re- 'is repealed and the following substituted therefor: enacted.
Contents of policy.
(1) Every policy issued after the 1st day of January, 1925, other than a group life insurance policy, shall state the name or sufficient designation of the insured, of the person whose life is insured, and of the bene- ficiary, the insurance money payable, the manner of payment, the premium, and the facts that determine the maturity of the contract.
Contents of group life insurance policy.
(la) Every group life insurance policy shall state the name or sufficient designation of the insured, the method
132
of determining the amount of insurance on each life and the persons or classes of persons whose lives are insured, and the facts that determine the manner and time of payment of the insurance money and the amount of the premium.
(2) Subsection 4 of the said section 132 is repealed and the Rev. stat.. following substituted therefor: subs. 4!re- '
enacted.
(4) Every policy which includes disability insurance contents shall further state what notice of disablement shall °^'^°"°^- be given to the insurer.
(4a) In the case of a contract of group life insurance contents of made after the date of the coming into force of thisfnsurance subsection, the insurer shall issue, for delivery by theP°'^°^'- insured to each person whose life is insured under the policy, a certificate identifying the policy and stating the name or sufficient designation of the person whose life is insured, of his beneficiary, of the insurer, and of the insured, and stating the amount or the method of determining the amount of insurance and indicating any right of the person whose life is insured upon termination of insurance on his life under the policy.
7. The Insurance Act is amended by adding thereto the Rev. stat.,
following section; ame^nded.
132a. — (1) Except as provided in subsection 2, in the case "insured", — of group life insurance the employer or other person "^^^^''^^ °^- making the contract with the insurer is the insured for the purposes of this Part.
(2) In the case of group life insurance the term "insured" idem, shall, in the provisions of this Part relating to the designation or appointment of beneficiaries and the rights and status of beneficiaries, mean the person whose life is insured.
8. Section 133 of The Insurance Act is repealed and the ^g^. stat., following substituted therefor: r'-^na'ct'ed^^'
133. Where the amount of insurance money, exclusive payment of of dividends and bonus, does not exceed $2,000, thel^'^^^^^y!^^ policy, notwithstanding that it is expressed to be $2,000. payable to a named or designated beneficiary, may provide that the insurance money may be paid to any relative by blood or connection by marriage of the person whose life is insured or any other person appearing to the insurer to be equitably entitled to
132
the same by reason of having incurred expense for the maintenance, me<lical attendance or burial of the person whose Hfe is insured or to have a claim against the estate of the person whose life is insured in relation thereto.
?*266?8?i36. O- Subsection 2 of section 135 of The Insurance Act is Inacte^d"' repealed and the following substituted therefor:
Incontesta- bility of statements.
(2) The statements made by the insured, or the person whose life is insured, in the application, on the medical examination (if any), or in any statements or answers furnished in lieu of a medical examination other than fraudulent statements or statements erroneous as to age, shall be deemed to be true and incontestable after the insurance on the person whose Hfe is insured has been in force for two years during his lifetime, but this provision shall not apply with respect to disability insurance or double indemnity insurance.
10. Section 138 of The Insurance Act is amended by adding
Rev. Stat..
0.266.8. 138. , , f ,, • 1 ^.
amended. thereto the followmg subsection:
Exception as to
application of section.
(6) This section does not apply to a contract of group life insurance.
Rev. Stat. c. 256. amended.
Age.
11. The Insurance Act is amended by adding thereto the following section:
138a. If a contract of group life insurance provides that the age of a person whose life is insured affects the commencement or the termination of the insurance or the amount thereof or any other right or benefit under the contract, the true age shall govern.
Rev. Stat.. c. 256.8. 139.
«. .*u«.o. ioa. 12. Subsection 2 of section 139 of The Insurance Act is enacte^d.™ repealed and the following substituted therefor:
Effect of default in payment of premium.
(2) Subject to the provisions of section 140, where a cheque, bill of exchange or promissory note payable to the insurer, or other written promise to pay the insurer, is given, whether originally or by way of renewal, for the whole or part of any premium, and such cheque, bill of exchange, or promissory note, or other written promise to pay, is not paid according to its tenor, the contract shall, unless othen^'ise pro- vided in the policy, be void.
13. Subsection 4 of section 141 of The Insurance Act is
Rev. Stat.. 0.256.8. 141.
enacted '^*" ""^P^^'^^l and the following substituted therefor:
132
(4) This section does not apply to a contract of insurance Exception made by a fraternal society or to a contract of application
vf • " of section.
group hie insurance.
14. The Insurance Act is amended by adding thereto the Rev. stat., following heading and section: amended.
Third Party Policies on Lives of Minors.
150a. — (1) Where a contract effected on the life of a Third party minor by someone other than the minor, or an agree- j^ves^of °^ ment in writing between the insurer and the insured n^'^ors. respecting such a contract, provides that a person named in the contract or the agreement shall upon the death of the insured have all the rights and interests of the insured in the contract, —
{a) the contract shall not, upon the death of the insured, form part of his estate; and
(&) the person named pursuant to this section shall, upon the death of the insured, have all the rights and interests of the insured in the con- tract and shall be deemed to be the insured.
(2) Notwithstanding any nomination made pursuant to saving, this section the insured may, prior to his death, deal with the contract as if such nomination had not been made, and may alter or revoke such nomination by agreement in writing with the insurer.
15. The Insurance Act is amended by adding thereto the Rev. stat.,
following section: amended.
152a. Where a contract is assigned, otherwise than asAppoint- security for a loan or debt, to the person whose life beneficiary, is insured, that person shall thereupon be deemed to be the insured.
16. Section 153 of The Insurance Act, as amended by Rev. stat., section 6 of The Insurance Amendment Act, 1946, is further °-jj^^j^j|j^^^' amended by renumbering subsections 2a and 2h as subsections
2& and 2c respectively, and by adding thereto the following subsection :
(2a) A person whose life is insured under a contract of Group life
,.- . • 1 • r insurance.
group life insurance may in his own name enforce any right stated in the policy to be given to him, subject to any defence available to the insurer against him or the insured.
132
Rev. Stat.. 17, Subsection 1 of section 164 of The Insurance Act is
Bubs. i.'re- 'repealed and the following substituted therefor: enacted. '^
Surplus and profits.
Idem.
(1) Notwithstanding the designation of a preferred beneficiary, any person who effects a participating contract, other than a contract of group Hfe insurance, may, during his lifetime, receive for his own benefit the surplus or profits declared on the contract or may direct the insurer to apply them in payment , or reduction of premiums, or in the purchase of paid-up additions to the sum insured, or to hold them to his credit for accumulation, or to deal otherwise with such surplus or profits as the contract may provide, and upon the maturity of the contract, all surplus or profits so held to the credit of the insured, or being due and unpaid, shall, subject to the contract and to any direction by the insured to the contrary, be added to the insurance money and the share of any beneficiary shall be increased accordingly.
(la) In the case of group Hfe insurance, surplus, profits, dividends or bonuses shall be applied in accordance with the terms of the contract.
^^^r^^**VAo 18. Subsection 2 of section 172 of The Insurance Act is
C. ^oOf B. XT«» , ,
subs. 2, re- repealed and the followmg substituted therefor:
enacted.
Place of payment.
(2) Exceptin the case of a contract of group life insurance, insurance money shall be payable in the province in which the insured is domiciled at the time of death, or in which he is domiciled when it becomes payable otherwise than by reason of death, or, if he was not or is not then domiciled in Canada and the contract does not otherwise provide, shall be payable at the head or principal office of the insurer in Canada.
Idem.
(2a) In the case of a contract of group life insurance, insurance money shall be payable in the province in which the person whose life is insured is domiciled at the time of death, or in which he is domiciled when it becomes payable otherwise than by reason of death, or, if he was not or is not then domiciled in Canada and the contract does not othersvise provide, shall be payable at the head or principal office of the insurer in Canada.
Rev. Stat., 0. 256. 8. 176a (1940,
re^nac'ted* ^"^ ^^^ following Substituted therefor:
19. Section 175a of The Insurance Act, as enacted by section 5 of The Insurance Amendment Act, 1940, is repealed
Contract not invalidated by suicide.
175a. An agreement, express or implied, contained in a
132
contract of life insurance for the payment of insur- ance money in the event that the person whose life is insured commits suicide shall be lawful and enforceable.
20. Subsection 3 of section 179 of The Insurance Act is^ev. stat., repealed and the following substituted therefor: siibs. s.Ve- '
enacted.
(3) The insurer may retain out of the insurance money Costs, for costs incurred upon payment into court in accord- ance with subsection 2, $10 if the amount does not exceed $1,000, and $15 in other cases, and payment of the remainder into court shall discharge the insurer.
21. Section 181 of The Insurance Act is repealed and the^®2^-gS*^*-' following substituted therefor: re-enacted.
181. The court mav fix and ascertain without taxation Costs of
, . ' , . . . , proceedings
the costs mcurred upon or m connection with any under
application or order made under subsection 1 of ^^' ' ^ '
section 179 or under section 180 and may order
such costs to be paid out of the insurance money or
by the insurer or the applicant or otherwise as may
seem just.
22. Section 187a of The Insurance Act, as enacted bye. ^256, ^ " subsection 1 of section 5 of The Insurance Amendment Act,\xQfl^ 1942, is repealed. suhl'l).^'
repealed. 23. — (1) Paragraph 1 of statutory condition 2 in section 188 Rev. stat.,
. ^ . . c. 256 s 188
of The Insurance Act is amended by striking out the first twosta. con! 2, lines and clause b and inserting in lieu thereof the following: amended.
(1) The insured shall not drive or operate the automobile:
(b) unless he is for the time being either authorized by law or qualified to drive or operate the automobile, or while he is under the age of sixteen years or under such other age as is prescribed by the law of the province where he resides at the time the policy is issued; or
(2) Clause b of paragraph 2 of statutory condition 2 in the Re^^- stat., said section 188 is repealed and the following substituted sta. con. 2,
^t r par. 2, cl. b,
tnereior: re-enacted.
(b) by any person, unless such person is for the time being either authorized by law or qualified to drive or operate the automobile, or while such person is under the qge of sixteen years or under such other age as is prescribed by law; or
132
Rev. Stat.. 0. 266, a. 188.
(3) Clause a of statutory condition 3 in the said section Bta. con. 3. 188 is repealed and the following substituted therefor:
ol. a. re- ^
enacted.
(a) with trailer attached where:
(i) the automobile is of other than the private passenger type; or
(ii) the automobile is of the private passenger type and the trailer is a cabin trailer, trailer home, or other trailer while such other trailer is being used for business, passenger- carrying or commercial purposes; or
o!^®25'6?8^2i3. 24. Subsection 4 of section 213 of The Insurance Act is 'nacted ^^ repealed and the following substituted therefor:
Special oaees.
(4) If, in the opinion of the Superintendent, any condi- tion or any part of a condition is not suitable having regard to the nature of the contract, the insurer may, with the approval of the Superintendent, omit the condition or part of a condition from the policy.
25. Section 214 of The Insurance Act, as re-enacted by
Rev. Stat., o. 256. 8. 214
(1939, section 3 of The Insurance Amendment Act, 1939, is repealed
re-enacted." and the following substituted therefor:
statutory conditions,— notice as to.
214. Where a policy of accident insurance is issued through the agency of a transportation corporation that holds a license issued under section 281, the statutory conditions set out in section 212 need not be printed on the policy if the policy contains the following notice printed in conspicuous type: "Not- withstanding any other provision herein contained this policy is subject to the statutory conditions respecting contracts of accident insurance".
Commence- ment of Act.
26. This Act shall come into force on a day to be named by the Lieutenant-Governor by his Proclamation.
Short title. 27. This Act may be cited as The Insurance Amendment Act, 1948.
132
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No. 133
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to suspend The Income Tax Act (Ontario).
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
The Bill suspends the operation of The Income Tax Act with respect to incomes for the calendar year 1948.
133
No. 133 1948
BILL
An Act to suspend The Income Tax Act (Ontario).
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Notwithstanding any of the provisions of r^g Personal
X rr> A /r\ • \ 1 1 1 n 1 income tax
income lax Act (Untario) and amendments, no tax shall be suspended, levied under the said Act on income of the calendar year Rev. stat., nineteen hundred and forty-eight and no person shall be^'^^" required, without a notice or demand in writing from the Comptroller of Revenue or the Commissioner of Income Tax of Canada, or an officer of the Government of Canada on behalf of the Government of Ontario or an officer of the Government of Ontario authorized to make such demand, to file returns under the said Act of income earned during the calendar year nineteen hundred and forty-eight, but nothing herein contained shall affect any of the provisions of the said Act with respect to the income of any person earned prior to the calendar year nineteen hundred and forty-one.'t^ I ; ;
_ ^ ■ ' j 1 '' : I ' h J
(2) The provisions of section 2>Z of The Income Tax ^c^ Returns
,r\ • \ • • 11- • under
(Ontario) requirmg any person to deliver a return upon notice Rev. stat.,
or demand in writing, and the provisions of sections 41, 42, "
43, 44 and 45 of the said Act shall remain in full force and
effect notwithstanding this Act,
2. This Act shall come into force on the day upon which it Commence-
^ .'I- ment of Act,
receives the Royal Assent.
3. This Act may be cited as The Income Tax Suspension Short tit\e. Act, 1948.
133
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No. 133
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to suspend The Income Tax Act (Ontario).
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 133 1948
BILL
An Act to suspend The Income Tax Act (Ontario).
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Notwithstanding any of the provisions of TAe Personal
T -T^ A /r^ • \ 1 1 1111 income tax
income lax Act (Untano) and amendments, no tax shall be suspended, levied under the said Act on income of the calendar year Rev. stat., nineteen hundred and forty-eight and no person shall be°'^^' required, without a notice or demand in writing from the Comptroller of Revenue or the Commissioner of Income Tax of Canada, or an officer of the Government of Canada on behalf of the Government of Ontario or an officer of the Government of Ontario authorized to make such demand, to file returns under the said Act of income earned during the calendar year nineteen hundred and forty-eight, but nothing herein contained shall affect any of the provisions of the said Act with respect to the income of any person earned prior to the calendar year nineteen hundred and forty-one.
(2) The provisions of section 2>2> of The Income Tax ^c/ Returns
/^^ . , . . ... . under
(Ontario) requirmg any person to deliver a return upon notice Rev. stat.,
or demand in writing, and the provisions of sections 41, 42,°'
43, 44 and 45 of the said Act shall remain in full force and
effect notwithstanding this Act.
2. This Act shall come into force on the day upon which it commence-
, T-> 1 A ment of Act.
receives the Royal Assent.
3. This Act may be cited as The Income Tax Suspension short title. Act, 1948.
133
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No. 134
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Corporations Tax Act, 1939.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Sections 1 and 2. These amendments have the effect of reducing the tax payable by all insurance companies on insurance premiums to two per cent.
134
No. 134 1948
BILL
An Act to amend The Corporations Tax Act, 1939.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Subsection 1 of section 4 of The Corporations Tax 1939. c. lo. Act, 1939, is amended by striking out the words "one and |mended.' ■'^' three-quarters" in the second line and inserting in lieu thereof the word "two", so that the said subsection, exclusive of the clauses, shall now read as follows:
(1) Every insurance company shall pay a tax in respect Life
of life insurance premiums of two per centum cal- companies. culated upon the gross premiums received during the fiscal year from policy holders resident in Ontario at the time such premiums were paid excluding, —
(2) Subsection 2 of the said section 4 is repealed and the 1939, c. 10, following substituted therefor: re-enacted.^'
(2) Every insurance company shall pay a tax in respect Fire and of premiums other than life insurance premiums offnsuran^e two per centum calculated upon the gross premiums companies. received during the fiscal year by the company or its agent or agents in respect of business transacted in Ontario excluding, —
(a) premiums returned ;
{h) premiums paid in respect of reinsurance ceded to insurance companies licensed to transact business in Ontario;
(c) premiums received in respect of business written on the premium note plan; and
{d) cash value of dividends paid or credited to policy holders by mutual insurance companies.
134
1939.
o. 10, 8. 9<i
(1940,
c. 0, s. 1),
re-enacted.
2. Section 9a of The Corporations Tax Act, J 939, as enacted by section 1 of The Corporations Tax Amendment Act, 1940, the provisions of which were enacted to apply to companies in respect of all fiscal years ending in 1947 and subsequent fiscal years by section 8 of The Corporations Tax Amendment Act, 1947, is repealed and the following substituted therefor:
Further tax payable by companies.
9a. Every company upon which taxes are imposed by sections 3, 5, 6, 8 and 9 shall, for every fiscal year of such company, pay an additional tax equal to twenty- five per centum of the taxes imposed by such sec- tions upon such company.
1939. c. 10. 3, Subsection 4 of section 14 of The Corporations Tax Act,
amended. ' 1939, as amended by section 1 of The Corporations Tax
Amendment Act, 1939 and section 3 of The Corporations Tax
Amendment Act, 1947, is further amended by adding thereto
the following clauses:
Exploration for oil.
ij) An amount equal to the aggregate of the exploration and drilling expenses, including all geological and geophysical expenses, incurred during its fiscal year, with respect to oil wells in Ontario by an incorporated company the principal business of which is the exploration and drilling for oil or the production, refining or marketing of petroleum or petroleum products.
Exploration for natural gaa.
ik) An amount equal to the aggregate of the exploration and drilling expenses, incurred during its fiscal year, with respect to natural gas wells in Ontario by an incorporated company the principal business of which is the exploration and drilling for or the production and marketing of natural gas.
Exploration for minerals.
(/) An amount equal to the aggregate of the prospecting, exploration and development expenses, incurred during its fiscal year, in searching for minerals in Ontario by an incorporated company the principal business of which is the mining of minerals or the searching for minerals, and in this clause the word "minerals" shall not include diatomaceous earth, limestone, marl, peat or building stone, or stone for ornamental or decorative purposes or non-auriferous sand or gravel.
1939,
c. 10, B. 17,
subs. 1,
amended.
4. — (1) Subsection 1 of section 17 of The Corporations Tax Act, 1939, as amended by section 5 of The Corporations Tax Amendment Act, 1947, is further amended by striking" out the word "as the Lieutenant-Governor in Council may prescribe" in the ninth and tenth lines and inserting in lieu thereof the
134
Section 3. These clauses are new. They allow the deduction from income of the expenses mentioned.
Section 4 — Subsection 1. The amendment is made in order to provide more flexibility in administration.
134
Subsection 2. The provision repealed is now obsolete as dividends received by companies are exempt income.
Section 5. A proviso is added the effect of which is self-explanatory.
Section 6. This amendment is complementary to that made in subsection 1 of section 4 of this Bill. The clause repealed empowers the Lieutenant-Governor in Council to make regulations prescribing the form of return required to be made under the Act.
134
words "as is required", so that the said subsection shall now read as follows:
(1) Every company on which a tax is imposed by this com^Sanies Act shall on or before the last day of the month annual which ends six months following the close of the return. fiscal year of such company, without notice or demand, and every company on which a tax is or is not imposed by this Act shall upon receipt of a notice or demand in writing from the Treasurer or from any officer of the Treasury Department of Ontario authorized by the Treasurer to make such demand, deliver to the Treasurer such return as is required for the purposes of carrying out the provi- sions of this Act.
(2) Subsection 3 of the said section 17 is repealed. l^if's^ubs's
repealed.
5. Subsection 1 of section 36 of The Corporations Tax Act, 1939, c. 10, 1939, is amended by adding at the end thereof the words amended.^' ' "provided that such lien and charge shall not apply to any
mine as defined in The Mining Tax Act until the company owning such mine has been assessed for a tax on mining profits under The Mining Tax Act'\ so that the said subsection shall now read as follows:
(1) Every tax and penalty imposed by this Act shall be a Priority first lien and charge upon the property in Ontario of the company liable to pay such tax or penalty or both; provided that such lien and charge shall not Proviso. apply to any mine as defined in The Mining Tax Act until the company owning such mine has been assessed for a tax on mining profits under The Mining Rev. stat Tax Act. «• 28-
6. Clause h of section 40 of The Corporations Tax Act, 1939, i939. c. 10,
^ ' ' .S. 40, cl. h,
IS repealed. repealed.
;ommence-
7. This Act shall come into force on the day upon which it cc receives the Royal Assent and shall be effective for fiscal years "^®"* °^ ^°*- of companies ending in the calendar year 1948 and subsequent
fiscal years.
8. This Act may be cited as The Corporations Tax Amend- short title. ment Act, 1948.
134
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No. 134
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Corporations Tax Act, 1939.
Mr. Frost
{Reprinted as amended in Committee of the Whole House.)
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Sections 1 and 2. These amendments have the effect of reducing the tax payable by all insurance companies on insurance premiums to two per cent.
134
No. 134 1948
BILL
An Act to amend The Corporations Tax Act, 1939.
HIS MAJESTY, by and with the advice and consent of the Legislative i\.ssembly of the Province of Ontario, enacts as follows:
1. — (1) Subsection 1 of section 4 of The Corporations Tax 1939, c. 10. Act, 1939, is amended by striking out the words "one and amended.' "'^' three-quarters" in the second line and inserting in lieu thereof the word "two", so that the said subsection, exclusive of the clauses, shall now read as follows:
(1) Every insurance company shall pay a tax in respect Life
of life insurance premiums of two per centum cal- compares. culated upon the gross premiums received during the fiscal year from policy holders resident in Ontario at the time such premiums were paid excluding, —
(2) Subsection 2 of the said section 4 is repealed and the 1939, c. 10, following substituted therefor: re-enacted^'
(2) Every insurance company shall pay a tax in respect Fire and of premiums other than life insurance premiums offniurince two per centum calculated upon the gross premiums companies. received during the fiscal year by the company or its agent or agents in respect of business transacted in Ontario excluding, —
(a) premiums returned;
(6) premiums paid in respect of reinsurance ceded to insurance companies licensed to transact business in Ontario;
(c) premiums received in respect of business written on the premium note plan; and
{d) cash value of dividends paid or credited to policy holders by mutual insurance companies.
134
1989.
o. 10. 8. 9a
(1940,
o. 6. s. 1).
re-enacted.
Further tax payable by companies.
2. Section 9a of The Corporations Tax Act, 1939, as enacted by section 1 of The Corporations Tax Amendment Act, 1940, the provisions of which were enacted to apply to companies in respect of all fiscal years ending in 1947 and subsequent fiscal years by section 8 of The Corporations Tax Amendment Act, 1947, is repealed and the following substituted therefor:
1989.
C. 10, S. 14,
subs. 4,
amended.
Exploration for oil and gas.
9a. Every company upon which taxes are imposed by sections 3, 5, 6, 8 and 9 shall, for every fiscal year of such company, pay an additional tax equal to twenty- five per centum of the taxes imposed by such sec- tions upon such company.
3. — (1) Subsection 4 of section 14 of The Corporations Tax Act, 1939, as amended by section 1 of The Corporations Tax Amendment Act, 1939 and section 3 of The Corporations Tax Amendment Act, 1947, is further amended by adding thereto the following clauses:
(j) An amount equal to the aggregate of the exploration expenses, including all geological and geophysical expenses, or such lesser amount as the Treasurer in his absolute discretion may allow, incurred during its fiscal year with respect to oil wells and natural gas wells in Canada by an incorporated company incor- porated for the purpose of exploring for oil wells and natural gas wells in Canada;
Drilling for oil and gas.
{k) An amount equal to the aggregate of the drilling expenses, or such lesser amount as the Treasurer in his absolute discretion may allow, incurred with respect to the spudding in or deepening of an oil well or a natural gas well in Canada, by an incorporated company incorporated for the purpose of drilling for oil or natural gas, or the production, refining or marketing of petroleum or petroleum products or of natural gas, provided that no such deduction shall be allowed until such well is abandoned or becomes productive, and
(i) where the well is abandoned the amount so expended, or such lesser amount as the Treasurer in his absolute discretion may allow, shall be deducted during the fiscal year of the company during which such well is abandoned, and
(ii) where the well becomes productive the amount so expended, or such lesser amount as the Treasurer in his absolute discretion may allow, shall be deducted during the fiscal year of the
134
Section 3. These clauses are new. They allow the deduction from income of the expenses mentioned.
134
company during which the well becomes productive and subsequent fiscal years only as and to the extent that the company charges portions of such amount in its accounts as amortization of such well;
(/) An amount equal to the aggregate of the prospecting ^^p^^*^°j^ and exploration exjienses, or such lesser amount as the Treasurer in his absolute discretion may allow, incurred during its fiscal 3'ear in searching for minerals in Canada by an incorporated company the principal business of w^hich is the mining of or searching for minerals, and in this clause the word "minerals" shall not include diatomaceous earth, limestone, marl, peat or building stone, or stone for ornamental or decorative purposes or non-auriferous sand or gravel ;
(w) An amount equal to the aggregate of the develop- ^|^|'°p" ment expenses, or such lesser amount as the Trea-i^ines. surer in his absolute discretion may allow, incurred with respect to the development in Canada of a mine as defined in The Mining Tax Act by an incor-^®^- Stat., porated company, the principal business of which is the mining of or searching for minerals, provided that no such deduction shall be allowed until such mine is abandoned or becomes productive, and
(i) where the mine is abandoned the amount so expended, or such lesser amount as the Treasurer in his absolute discretion may allow, shall be deducted during the fiscal year of the company during which such mine is abandoned, and
(ii) where the mine becomes productive the amount so expended, or such lesser amount as the Treasurer in his absolute discretion may ' allow, shall be deducted during the fiscal year of the company during which the mine becomes productive and subsequent fiscal years only as and to the extent that the company charges portions of such amount in its accounts as amortization of such mine.
(2) Clauses k and m of subsection 4 of section 14 of 7"/?g Effect of Corporations Tax Act, 1939, as enacted by subsection 1, shall be eff^ective only with respect to an oil well or natural gas well which is spudded in or the deepening of which commences, and to a mine the development of which commences, during fiscal years of companies ending in the calendar year 1948 and subsequent fiscal years.
134
19S9,
o. 10. 8. 17.
BUbe. 1.
amended.
4. — (1) Subsection 1 of section 17 of The Corporations Tax Act, 1939, as amended by section 5 of The Corporations Tax Amendment Act, 1947, is further amended by striking out the word "as the Lieutenant-Governor in Council may prescribe" in the ninth and tenth lines and inserting in lieu thereof the words "as is required", so that the said subsection shall now read as follows:
Companies to file annual return.
(1) Every company on which a tax is imposed by this Act shall on or before the last day of the month which ends six months following the close of the fiscal year of such company, without notice or demand, and every company on which a tax is or is not imposed by this Act shall upon receipt of a notice or demand in writing from the Treasurer or from any ofificer of the Treasury Department of Ontario authorized by the Treasurer to make such demand, deliver to the Treasurer such return as is required for the purposes of carrying out the provi- sions of this Act;
1939. c. 10. 8. 17, subs. 3. repealed.
1939. c. 10.
8. 36, suha. 1 amended.
(2) Subsection 3 of the said section 17 is repealed.
5. Subsection 1 of section 36 of The Corporations Tax Act, 1939, is amended by adding at the end thereof the words "provided that such lien and charge shall not apply to any mine as defined in The Mining Tax Act until the company owning such mine has been assessed for a tax on mining profits under The Mining Tax Act", so that the said subsection shall now read as follows:
Priority of tux.
Proviso.
Rev. Stat., c. 28.
(1) Every tax and penalty imposed by this Act shall be a first lien and charge upon the property in Ontario of the company liable to pay such tax or penalty or both; provided that such lien and charge shall not apply to any mine as defined in The Mining Tax Act until the company owning such mine has been assessed for a tax on mining profits under The Mining Tax Act.
1939, c. 10. 8. 40. cl. b, repealed.
6. Clause b of section 40 of The Corporations Tax Act, 1939, is repealed.
Commence- ment of Act
7. Thisi Act shall come into force on the day upon which it receives the Royal Assent and shall be effective for fiscal years of companies ending in the calendar year 1948 and subsequent fiscal years.
Short title.
8. This Act may be cited as The Corporations Tax Amend- ment Act, 1948.
134
Section 4 — Subsection 1. The amendment is made in order to provide more flexibility in administration.
Subsection 2. The provision repealed is now obsolete as dividends received by companies are exempt income.
Section 5. A proviso is added the eflfect of which is self-explanatory.
Section 6. This amendment is complementary to that made in subsection 1 of section 4 of this Bill. The clause repealed empowers the Lieutenant-Governor in Council to make regulations prescribing the form of return required to be made under the Act.
134
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No. 134
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Corporations Tax Act, 1939.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 134 194S
BILL
An Act to amend The Corporations Tax Act, 1939.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Subsection 1 of section 4 of The Corporations Tax 1939, g. \o. Act, 1939, is amended by striking out the words "one and amended.' ^' three-quarters" in the second line and inserting in lieu thereof the word "two", so that the said subsection, exclusive of tlie clauses, shall now read as follows:
(1) Every insurance company shall pay a tax in respect Life
of life insurance premiums of two per centum cal- companies. culated upon the gross premiums received during the fiscal year from policy holders resident in Ontario at the time such premiums were paid excluding,—
(2) Subsection 2 of the said section 4 is repealed and the 1939, c. lo. following substituted therefor: re-enacted.^'
(2) Every insurance company shall pay a tax in respect Fire and of premiums other than life insurance premiums offnsurance two per centum calculated upon the gross premiums °o™pa^i^ies. received during the fiscal year by the company or its agent or agents in respect of business transacted in Ontario excluding, —
(a) premiums returned ;
{b) premiums paid in respect of reinsurance ceded to insurance companies licensed to transact business in Ontario;
(c) premiums received in respect of business written on the premium note plan; and
{(1) cash value of dividends paid or credited to policy holders by mutual insurance companies.
J34
1939.
r. 10, a. Oa
(1940.
c. 6. e. 1).
re-enucted.
Further tax payable by oompanles.
2. Seclion 9a of I'lic Corporations Tax Act, 1939, as enacted by section 1 of The Corporations Tax Amendment Act, 1940, the provisions of which were enacted to apply to companies in respect of all fiscal >ears ending in 1947 and subsequent fiscal years by section 8 of The Corporations 'Tax Amendment Act, 1947, is repealed and the following substituted therefor:
1939,
c. 10. 8. 14.
BUbs. 4.
amended.
Exploration for oil and gas.
Drilling for oil and gas.
9a. Every company upon which taxes are imix)sed by sections 3, 5, 6, 8 and 9 shall, for every fiscal year of such company, pay an additional tax equal to twenty- five per centum of the taxes imposed by such sec- tions upon such company.
3. — (1) Subsection 4 of section 14 of The Corporations Tax Act, 1939, as amended !)>• section 1 of 77;g Corporations Tax Amendment Act, 1939 and section 3 of The Corporations Tax Amendment Act, 1947, is further amended by adding thereto the following clauses:
(/) An amount equal to the aggregate of the exploration expenses, including all geological and geophysical expenses, or such lesser amount as the Treasurer in his absolute discretion may allow, incurred during its fiscal year with respect to oil wells and natural gas wells in Canada 1)\' an incorporated compan\- incor- porated for the purpose of exploring for oil wells and natural gas wells in Canada;
{k) An amount equal to the aggregate of the drilling expenses, or such lesser amount as the Treasurer in his absolute discretion may allow, incurred with respect to the spudding in or deepening of an oil well or a natural gas well in Canada, 1)>' an incorporattnl compain- incorporated for the purpose of drilling for oil or natural gas, or the production, refining or marketing of petroleum or petroleum products or of natural gas, provided that no such deduction shall be allowed until such well is abandoned or becomes productive, and
(i) where the well is abandoned the amount so expended, or such lesser amount as the Treasurer in his absolute discretion may allow, shall be deducted during the fiscal year of the company during which such well is abandoned, and
134
(ii) where the well becomes productive the amount so expended, or such lesser amount as the Treasurer in his absolute discretion may allow, shall be deducted during the fiscal year of the
company during which the well becomes productive aiul subsequent fiscal years only as and to the extent that the compan>- charges portions of such amount in its accounts as amortization of such well;
(/) An amount equal to the aggregate of the prospecting ^^^^^j'Ji'J^^,'^ and exploration expenses, or such lesser amount as the Treasurer in his absolute discretion ma>' allow, incurred during its fiscal year in searching for minerals in Canada b\' an incorporated compan\- the principal business of which is the mining of or searching for minerals, and in this clause the word "minerals" shall not include diatomaceous earth, limestone, marl, peat or building stone, or stone for ornamental or decorative purposes or non-auriferous sand or gravel ;
(m) An amount equal to the aggregate of the develop- ^|^'^^^|?" ment expenses, or such lesser amount as the Trea-™i"es. surer in his absolute discretion may allows incurred with respect to the development in Canada of a mine as defined in The Alining Tax Act by an incor- ^Yg.^*^*" porated compan\', the principal business of which is the mining of or searching for minerals, provided that no such deduction shall be allowed until such mine is abandoned or becomes productive, and
(i) where the mine is abandoned the amount so expended, or such lesser amount as the Treasurer in his absolute discretion may allow, shall be deducted during the fiscal year of the company during which such mine is abandoned, and
(ii) where the mine becomes productive the amount so expended, or such lesser amount as the Treasurer in his absolute discretion may allow, shall be deducted during the fiscal year of the company during which the mine becomes productive and subsequent fiscal years onh" as and to the extent that the company charges portions of such amount in its accounts as amortization of such mine.
(2) Clauses k and ni of subsection 4 of section 14 of r//e Effect of Corporations Tax Act, 1939, as enacted by subsection 1, shall be effective only with respect to an oil well or natural gas well which is spudded in or the deepening of which commences, and to a mine the development of which commences, during fiscal years of companies ending in the calendar year 1948 and subsequent fiscal years.
134
1039,
o. 10, H. 17,
subtt. 1,
amended.
4. — (1) Subsection 1 of section 17 of The Corporations Tax Act, Jif39,' as amended by section 5 of The Corporations Tax Amendment Act, 1947, is further amended by striking out the word "as the Lieutenant-Governor in Council may prescribe" in the ninth and tenth lines and inserting in lieu thereof the words "as is required", so that the said subsection shall now read as follows:
Companies to file annual return.
(1) Every company on which a tax is iinjxjsed by this Act shall on or before the last day of the month which ends si.x months following the close of the fiscal year of such company, without notice or demand, and every company on which a tax is or is not imposed by this Act shall upon receipt of a notice or demand in writing from the Treasurer or from any officer of the Treasury Department of Ontario authorized by the Treasurer to make such demand, deliver to the Treasurer such return as is required for the purposes of carrying out the provi- sions of this Act.
8.^17," subs! '3. (2) Subsection 3 of the said section 17 is repealed.
repealed.
1939, o. 10. 5. Subsection 1 of section 36 of The Corporations Tax Act, amended'.^" * 1939, is amended by adding at the end thereof the words "provided that such lien and charge shall not apply to any mine as defined in The Mining Tax Act until the company owning such mine has been assessed for a tax on mining profits under The Mining Tax Act", so that the said subsection shall now read as follows:
Priority of tax.
Proviso.
Rev. Stat, c. 28.
(1) Every tax and penalty imposed by this Act shall be a first lien and charge upon the property in Ontario of the company liable to pay such tax or penalty or both; provided that such lien and charge shall not apply to any mine as defined in The Mining Tax Act until the company owning such mine has been assessed for a tax on mining profits under The Mining Tax Act.
1939, c. 10, s. 40, cl. b. repealed.
6. Clause b of section 40 of The Corporations Tax Act, 1939, is repealed.
Commence- ment of Act
7. This Act shall come into force on the day upon which it receives the Royal Assent and shall be effective for fiscal years of companies ending in the calendar year 1948 and subsequent fiscal years.
Short title.
8. This Act may be cited as lite Corporations Tax Amend- ment Act, 1948.
134
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No. 135
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Security Transfer Tax Act, 1939.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. This amendment enlarges the time for filing the returns from four to six months following the close of the fiscal year of the company.
Section 2. The clause repealed empowers the Lieutenant-Governor in Council to make regulations prescribing the form of returns to be made under the Act. It is repealed in order to give greater flexibility of ad- ministration.
135
No. 135 1948
BILL
An Act to amend The Security Transfer Tax Act,
1939.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 of section 9 of The Security Transfer Tax i939, c. 45,
s 9 subs 1
Act, 1939, is amended by striking out the word "four" in amended." the fourth line and inserting in lieu thereof the word "six", so that the said subsection shall now read as follows :
(1) Every company or corporation, including every extra- Annual provincial company or corporation which has a branch, or an agency, or an office of any kind in Ontario, shall on or before the last day of the month ending six months following the close of its fiscal year make an annual return to the Treasurer showing every sale, transfer or assignment of any registered security issued by such company or corporation made or carried into effect in Ontario, together with the amount of tax collected under this Act.
2. Clause h of section 19 of The Security Transfer Tax i939, c. 45, Act, 1939, is repealed. repealed.
3. This Act shall come into force on the day upon which ^g^t^oTAct. it receives the Royal Assent and shall be deemed to have had
effect on and after the 1st day of January, 1948, and shall apply with respect to the fiscal years of companies ending in the calendar year 1948 and subsequent fiscal years.
4. This Act may be cited as The Security Transfer Tax short title. Amendment Act, 1948.
135
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No. 135
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Security Transfer Tax Act, 1939,
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 135 1948
BILL
An Act to amend The Security Transfer Tax Act,
1939.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :
1. Subsection 1 of section 9 of The Security Transfer 7"a:x; i939, c 45, Act, 1939, is amended by striking out the word "four" in amended.' the fourth line and inserting in lieu thereof the word "six",
so that the said subsection shall now read as follows :
(1) Every company or corporation, including every extra- Annual provincial company or corporation which has a branch, or an agency, or an office of any kind in Ontario, shall on or before the last day of the month ending six months following the close of its fiscal year make an annual return to the Treasurer showing every sale, transfer or assignment of any registered security issued by such company or corporation made or carried into effect in Ontario, together with the amount of tax collected under this Act.
2. Clause b of section 19 of The Security Transfer Tax 1939, c. 45, Act, 1939, is repealed. repealed.
3. This Act shall come into force on the day upon which ^e^t^^f/^Act^ it receives the Royal Assent and shall be deemed to have had
effect on and after the 1st day of January, 1948, and shall apply with respect to the fiscal years of companies ending in the calendar year 1948 and subsequent fiscal years.
4. This Act may be cited as The Security Transfer Tax short title. Amendment Act, 1948.
135
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No. 136
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act for Raising Money on the Credit of the Consolidated Revenue
Fund.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 136 1948
BILL
An Act for Raising Money on the Credit of the Consolidated Revenue Fund.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Lieutenant-Governor in Council is hereby authorized $foo ooo ooo to raise from time to time by way of loan such sum or sums authorized. of money as may be deemed expedient for any or all of the following purposes, that is to say: For the public service, for works carried on by commissioners on behalf of Ontario, for discharging any indebtedness or obligation of Ontario or for re-imbursing the Consolidated Revenue Fund for any moneys expended in discharging any such indebtedness or obligation, and for the carrying on of the public works authorized by the Legislature; Provided that the principal amount of any securities issued and the amount of any temporary loans raised under the authority of this Act, including any securities issued for the retirement of the said securities or temporary loans, at any time outstanding, shall not exceed in the whole One Hundred Million Dollars ($100,000,000).
2. The aforesaid sum of money may be borrowed for any Terms to be term or terms not exceeding forty years, at such rate as may Lflutenant- be fixed by the Lieutenant-Governor in Council and shall [^^couiufii. be raised upon the credit of the Consolidated Revenue Fund
of Ontario, and shall be chargeable thereupon.
3. The Lieutenant-Governor in Council may provide for a sinking special sinking fund with respect to the issue herein authorized,
and such sinking fund may be at a greater rate than the one-half of one per centum per annum specified in subsection 3 ^e^^- st^t., of section 3 of The Provincial Loans Act.
4. This Act shall come into force on the day upon which ^eni;"<ff"Act. it receives the Royal Assent.
5. This Act may be cited as The Ontario Loan Act, 1948. short title. 136
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No. 136
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act for Raising Money on the Credit of the Consolidated Revenue
Fund.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 136 1948
BILL
An Act for Raising Money on the Credit of the Consolidated Revenue Fund.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Lieutenant-Governor in Council is hereby authorized $ioo,ooo,ooo to raise from time to time by way of loan such sum or sums authorized. of money as may be deemed expedient for any or all of the following purposes, that is to say: For the public service, for
works carried on by commissioners on behalf of Ontario, for discharging any indebtedness or obligation of Ontario or for re-imbursing the Consolidated Revenue Fund for any moneys expended in discharging any such indebtedness or obligation, and for the carrying on of the public works authorized by the Legislature; Provided that the principal amount of any securities issued and the amount of any temporary loans raised under the authority of this Act, including any securities issued for the retirement of the said securities or temporary loans, at any time outstanding, shall not exceed in the whole One Hundred IVIilHon Dollars ($100,000,000).
2. The aforesaid sum of money may be borrowed for any Terms to be term or terms not exceeding forty years, at such rate as may Lieutenant- be fixed by the Lieutenant-Governor in Council and shall S'^councU. be raised upon the credit of the Consolidated Revenue Fund
of Ontario, and shall be chargeable thereupon.
3. The Lieutenant-Governor in Council may provide for a sinking special sinking fund with respect to the issue herein authorized,
and such sinking fund may be at a greater rate than the one-half of one per centum per annum specified in subsection 3 ^^2.^**'" of section 3 of The Provincial Loans Act.
4. This Act shall come into force on the day upon which meSt^o^f^Act. it receives the Ro^^al Assent.
5. This Act may be cited as The Ontario Loan Act, 1948. short title. 136
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No. 137
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Game and Fisheries Act, 1946.
Mr. Scott
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1 — Subsection 1. The definitions contained in the proposed clauses are new.
Subsection 2. This amendment will enable red squirrel fur to be controlled should such be required and will permit other species of squirrels to be dealt with as game.
137
No. 137 1948
BILL
An Act to amend The Game and Fisheries Act, 1946.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Section 1 of The Game and Fisheries Act, 1946, isi^^e. c. 33. amended by adding thereto the following clauses: amended.
(ee) "domestic animals and birds" shall include non- "domestic native species kept in captivity but shall not include In^^^^'^^jg... native species kept in captivity or non-native species present in the wild state;
iff) "ferret" shall mean any of the domesticated forms of .-ferret* the old world polecat {putorius putorius) used for hunting;
(w) "snare" shall mean any device for the taking ofognare"; animals whereby they are caught in a noose, and "snaring" shall have a corresponding meaning;
(ww) "trap" shall mean any spring trap, gin, deadfall, .-trap' box or net used to capture game, and "trapping" shall have a corresponding meaning.
(2) Clause h of the said section 1 is amended by striking 1946, c. 33, out the word "squirrel" in the third line and inserting in lieu |"jjjgnded' thereof the words "red squirrel", so that the said clause shall now read as follows:
(h) "fur-bearing animal" shall mean a beaver, fisher, fox, "fur- lynx, marten, mink, musk-rat, otter, raccoon, rabbit, antmar*. skunk, red squirrel, weasel and wolverine or any
137
1946, o. 33, s. 1, cl. «', amended.
Other animal which the Lieutenant-Governor in Council may declare to be a fur-bearing animal.
(3) Clause i of the said section 1 is amended by adding at the end thereof the words "and the Migratory Birds Conven- tion Act (Canada) and shall include any portion of any such animal or bird", so that the said clause shall now read as follows:
"game".
R.S.C., 0. 130.
(i) "game" shall mean all fur-bearing animals and all animals and birds protected by this Act and the Migratory Birds Convention Act (Canada) and shall include any portion of any such animal or bird.
1946, C 33.
8. 7, subs. 1, amended.
2. Subsection 1 of section 7 of The Game and Fisheries Act, 1946, is amended by adding at the end of clause h the words "or any baggage or express office or any licensed premises where pelts are bought or sold", so that the said subsection shall now read as follows:
Search of
vehicles,
premises.
(1) An officer shall have the authority of a constable for the purpose of this Act, and may without a search warrant, —
(a) stop and search any vehicle, motor vehicle, aeroplane or any other flying machine, boat or launch or any railway car, including a caboose, baggage or express car; and
{b) enter and search any hunting, mining, lumber or construction camp or any baggage or ex- press office or any licensed premises where pelts are bought or sold,
where he has reasonable grounds to believe that any of them contains any game or fish taken in violation of this Act.
1946, c. 33. 3 Section 9 of The Game and Fisheries Act, 1946, is amended amended. by inserting after the word "wound" where it occurs in the
second and third lines respectively the word "trap", so that
the said section shall now read as follows:
Non- residents.
9. Except under a licence no non-resident shall hunt, take, molest, wound, trap, kill or destroy or attempt to hunt, take, molest, wound, trap, kill or destroy any animal or bird.
1946. 0. 33. 4 Section 16 of The Game and Fisheries Act, 1946, is amend- amended. ed by adding thereto the following subsection:
137
Subsection 3.1 Self-explanatory,
Section 2. Baggage office, express office and licensed premises where pelts are bought or sold are added. They may be entered and searched by an officer without a search warrant.
Section 3. unchanged.
The word "trap" is added. Otherwise the section is
Section 4 — Subsection 5 is new. It is designed to clarify the status of scientists collecting animals or birds under special licences.
137
Section 5. The words added are necessary in order to allow a net dealer to sell a fish-net to another net dealer.
Section 6. These changes are complementary to the new metal seal provisions contained in this Bill. Provision is also made for the making of regulations as to the transfer of licences.
Section 7. The new subclause prescribes the fee for a licence to carry or use fire-arms or air-guns when hunting unprotected birds or animals. See 1947, c. 40, s. 6 (1).
Section 8 — Subsection 1. The words are deleted because it is not intended to continue the royalty on bear skins.
Subsection 2. As to bear skins, see note to subsection 1. As amended, subsection 2 provides that proof may be furnished in any form satisfactory to the Department.
137
(5) Notwithstanding anything in this Act any person Stufing for licensed under this Act or the Migratory Birds Con- ^purpoJil. vention Act (Canada) to kill or capture protected p^gc., animals or birds may use traps or fire-arms for thaf^- i^o.' purpose at any time or place where the licence is valid.
5. Subsection 2 of section 17 of The Game and Fisheries iQ^e, c. 33. Act, 1946, is amended by adding at the end thereof the words amended.^' ^' "or a licence under subsection 1", so that the said subsection
shall now read as follows:
(2) No person shall sell a gill, hoop, pound or seine net Restricted to an}' other person not a holder of a commercial fishing licence or a licence under subsection 1.
6. Subsection 1 of section 21 of The Game and Fisheries ^Q'^^. <i- ^S' Act, 1946, is repealed and the following substituted therefor : re-enacted".
(1) Except upon such terms and conditions as the Lieu- Transfer of tenant-Governor in Council may prescribe, no licence coupon' or shall be transferred and no person shall buy, sell,^^^'' exchange or in any way become a party to the trans- fer of any licence, shipping coupon or seal, or in any way use or attempt to use a licence, shipping coupon or seal issued to any other person.
7. Clause a of section 23 of The Game and Fisheries -4c^, i946. c. 33, 1946, is amended by adding thereto the following subclause .•amerid'ed."'
(vi) for a person to carry or use fire-arms or air-guns unprotected
for hunting purposes pursuant to subsection la animals. of section 10 85
and an issuing fee of 15
8. — (1) Subsection 1 of section 25 of The Game and Fisheries i946, c. 33.
4 ^n^^ • 111 M • 1 I <i 1 s. 25, subs. 1,
Act, 1946, IS amended by stnkmg out the words or any bear amended, or its skin" in the third line, so that the said subsection shall now read as follows:
(1) No person shall take or ship or attempt to take or Royalties ship to any point outside of Ontario any fur-bearing animal or its pelt or send or have sent any of them to a tanner or taxidermist to be tanned or plucked or treated in any way without a licence and without paying a royalt\'.
(2) Subsection 2 of the said section 25 is amended byi946, c.33, striking out the words "or bear skins" in the first line and the amended. ' words "by affidavit or statutory declaration" in the fourth line, so that the said subsection shall now read as follows:
137
Exoeptiona. (2) The royalties shall apply to any pelts that are dam-
aged or destroyed by any means, but they shall not apply, where the holder furnishes the Department with satisfactory proof of their origin, —
(a) to silver, black, cross and blue fox and mink, bred on fur-farms operating within Ontario under a licence; or
(b) to pelts imported from any place outside of Ontario.
1946. c. 33. 9.— (1) Subsection 1 of section 27 of The Game and Fish-
B. 27, subs. 1, '' ' . , , , • • r 1 J HI •nil
amended. eries Act, 1946, is amended by msertmg after the word kill in the first line the words "or attempt to hunt, take or kill", so that the said subsection shall now read as follows:
Beaver. ^^^ ^^ person shall at any time hunt, take or kill, or
attempt to hunt, take or kill, any beaver, or possess the carcass, pelt or any part of any beaver, except during such period and on such terms and conditions as the Lieutenant-Governor in Council may prescribe, but the Minister may at any time by order in writ- ing authorize the taking or killing of beaver by an an overseer or other officer named in the order in any designated locality in which, in the opinion of the Minister, beaver are causing damage to a high- way or to propert>- of His Majesty or private pro- perty, and the beaver taken or killed shall be ac- counted for and delivered to the Department.
s.^ll.'s^ubs^'a. (2) Clause a of subsection 2 of the said section 27 is amended amended. ^^ Striking out the words "or black" in the first line and in- serting in lieu thereof the words "black or fox", so that the said clause shall now read as follows:
Squirrel. (a) any gray, black or fox squirrel except during such
periods and on such terms and conditions as the Lieutenant-Governor in Council may prescribe.
8.^27.' s^ub8^.'3. (^) Clause d of subsection 3 of the said section 27 is amended
am''nd d ^^ inserting after the word "deer" in the first line the words
"or moose", so that the said clause shall now read as follows:
d^'r'^J?'"^ (d) hunt, take, kill or molest any deer or moose while it
is swimming in any waters.
moose.
1946. c. 33. 10. Subsection 1 of section 31 of The Game and Fisheries
8. 31. subs. 1. J, -, . . ,, '
amended. Act, 1946, IS amended by striking out the words or otter m the third line and inserting in lieu thereof the words "otter or musk-rat", so that the said subsection shall now read as follows:
137
Section 9 — Subsection 1. Self-explanatory.
Subsection 2. This will provide needed protection for fox squirrels.
Subsection 3. This amendment will protect moose while swimming in the same way as deer are now protected.
Section 10, The use of dogs in the taking of musk-rat is prohibited.
137
Section 11. Clause a is an extension of the principle of the present section. It is strengthened in the interest of proper law enforcement. Clause b expresses the present law on the subject. It is unchanged in principle.
Section 12. This provision is new. It is designed to prevent detri- mental species or diseased stock from being released in Ontario.
Section 13. The present section provides for the setting aside of waters for the propagation of fish.
As re-enacted, waters may also be set aside for the conservation of fish.
Section 14. See note to section 13. This is complementary.
Section 15. The prohibitions of the present clause are extended to owners and operators of camps. The prohibition as to a trap, snare or poison is also new.
137
(1) No owner of a dog shall use it or allow it to be usedP^*^ "o*.
• r 1 1 • 1 • . .... /•*o "® used
in any manner for the hunting, taking or killing of for hunting
• 1 1 , . I , snia.ll Q3iiXiB*
any mink, beaver, otter or musk-rat.
11. Section 43 of The Game and Fisheries Act, 1946, isi946, c. 33, repealed and the following substituted therefor: ?e-enacted.
43. In any locality which game usually inhabits or in Prohibitions which game is usually found, no person shall, — as o gu
(a) have any air-gun, gun, rifie or fire-arm in his possession in a place from which game may be shot, unless it is unloaded and encased or it is dismantled, between one-half hour after sunset and one-half hour before sunrise of any day, except as may be provided by the regulations; or
(6) discharge any air-gun, gun, rifle or other fire- arm between one-half hour after sunset on Saturday and one-half hour before sunrise on Monday next following.
12. Section 45 of The Game and Fisheries Act, 1946, isi946. c. 33. amended by adding thereto the following subsection: amended.
(2) No person shall release into natural cover any animal Release of or bird imported into Ontario or propagated fromg^^ck^*® stock imported into Ontario without the written authority of the Minister.
13. Section 48 of The Game and Fisheries Act, 1946, is re-i946. c. 33, pealed and the following substituted therefor: re-enacted.
48. The Lieutenant-Governor in Council may set apart waters set any waters for the conservation or propagation of^^^''*" fish.
14. Subsection 1 of section 49 of The Game and Fisheries 1946. c. 33. Act, 1946, is amended by inserting after the article "the" in|,^|nded.^' ^' the second line the words "conservation or", so that the said subsection shall now read as follows:
(1) No person shall angle for or take fish by any means Fishing in from waters set apart for the conservation or pro- ^-a^tel-s*^ pagation of fish, under section 48, but the Depart- p'"°^''^^*®'^- ment may take fish for the stocking and rearing of fish for public waters or may permit fish to be taken for scientific purposes.
15.
137
1946, c. 33,
Clause c of subsection 1 of section 57 of The Game andci. d
re-enacted.
Fisheries Act, 1946, is repealed and the following substituted therefor:
Certain perHons not to carry flre-arms.
(c) being an owner or operater of or an employee in any timber or mining camp or an employee engaged in the construction or maintenance of any railway or public work, possess in the vicinity of any of them any gun or other fire-arm, trap, snare or poison except under a licence, but this clause shall not apply to a resident employed by a railway company who does not carry or possess a fire-arm on a railway velocipede or hand-car; or
1946. c. 33, ±Q — (1) Subsection 1 of section 61 of The Game and
8. 61, subs. 1, . ^ '^
re-enacted. Fisheries Act, 1946, is repealed and the following substituted therefor:
Coupons or seals on hunting licences.
(1) There shall be provided with every hunting licence one or more shipping coupons or metal seals plainly marked with the description of the game for which the licence is issued and there shall be printed or stamped on the coupon or seal the date of the ex- piry of the licence which shall not be later than four days after the last day of the open season for which the licence is issued.
8.^6i,'8^ub3^'2. (^) Subsection 2 of the said section 61 is amended by in- amended, 'serting after the word "them" in the first line the words "taken under a licence for which a shipping coupon is pro- vided", so that the said subsection shall now read as follows:
Detachment and cancel- lation of coupon upon shipment of deer or moose.
1946. c. 33. 8. 61. amended.
(2) Where any deer or moose, or any part of them, taken under a licence for which a shipping coupon is pro- vided is presented for shipment to a common carrier, a coupon shall be detached from the licence and signed by the holder of the licence in the presence of the shipping agent or clerk in charge of the office at the point of shipment and attached to each animal or part thereof or to the receptacle contain- ing it, and then the shipping agent or clerk shall write "cancelled" across the face of the coupon, but where the animal or any part of it is transported by other than a common carrier the coupon shall be attached to the animal or part of it and similarly cancelled by the holder of the licence before trans- porting it.
(3) The said section 61 is further amended by adding thereto the following subsections:
137
Section 16 — Subsection 1. deer and moose is authorized.
The use of metal seals to be attached to
Subsection 2. The procedure provided in subsection 2 is now only applicable where a shipping coupon is used. It is not applicable where metal tags are used. The subsection is amended to make this clear.
Subsection 3. The subsections are new. They are self-explanatory.
t
137
Subsection 4. Subsection 3 is re-enacted so that it will conform with the amendments respecting metal seals for moose and deer.
Section 17. The clause is re-enacted so that it will conform with the amendments respecting metal seals for moose and deer.
Section 18. The words added extend the principle of the section to prosecutions for unlawful trapping.
Section 19. This section is extended to cover traps, etc., and snares.
137
(2a) Where a moose is killed under a licence for which a^^hen seal
. . to be
metal seal is provided, the seal shall be attached to attached the moose immediately after it is killed. moose.
(26) Where a deer is killed under a licence for which a when seal metal seal is provided, the seal shall be attached attached to the deer before it is transported or shipped. *° ^®®''-
(4) Subsection 3 of the said section 61 is repealed and thei946, c. 33, following substituted therefor: re-enacted". '
(3) No person shall violate any of the provisions of sub-Ofences section 1,2, 2a, or 2o, or use an expired coupon or shipping, seal, or transport or ship, or assist in transporting or shipping any moose or deer without a coupon or seal attached thereto.
17. Clause a of subsection 1 of section 63 of The Game a«<f i9||' c. 33. Fisheries Act, 1946, is repealed and the following substituted ci. a.'
,, f re-enacted.
therefor:
(a) any deer or moose, or the head or any other part Transport thereof, unless there is attached thereto or to the moose!^ "'^ receptacle containing the same a shipping coupon or seal provided under this Act or the regulations.
18. Clause c of section 69 of The Game and Fisheries Act,iQ'i6, c. 33, 1946, is amended by inserting after the word "hunting" a'mend^edf' where it occurs in the first and third lines respectively the
words "or trapping" and by adding at the end thereof the words "or trapping, as the case may be", so that the said clause shall now read as follows:
(c) hunting or trapping, the possession in or near any Fire-arms, place which game inhabits or where game is likely to be found, of a gun, decoy or other implement for hunting or trapping, shall be prima facie evidence that the person in possession of any of them was hunting or trapping, as the case may be.
19. Subsection 1 of section 71 of The Game and Fisheries 1946, c. 33. Act, 1946, is amended by inserting after the word "ammuni- amended.^" ■^' tion" in the second line the words "traps, trapping accessories, snares", so that the said subsection shall now read as follows:
(1) All motor vehicles, or vehicles of any description, Seizure , V 4- .u • and con-
aeroplanes, guns, ammunition, traps, trapping ac-flscation
cessories, snares, boats, rafts, skiffs, canoes, punts and ^oTher and vessels of every description, decoys, nets, rods, P'"°P®'"*y- lines, tackle, and all fishing gear, materials, imple- ments or appliances of every kind used for hunting
137
8
and fishing, and all game and fish, together with packages, crates or containers of every description used in violation of this Act and found in the pos- session of any person suspected of having committed an offence against this Act shall be seized, and upon conviction, be forfeited to and become the property of the Crown in right of Ontario and sold by the Department, but where the seizure is made from a person unknown, perishable game or fish shall be forfeited to and become the property of the Crown in right of Ontario and sold forthwith by the De- partment, and any other property seized shall be forfeited to, and become the property of the Crown in right of Ontario and sold by the Department after the expiration of thirty days.
1^72'. ci.^bb 20. — (1) Clause bb of section 72 of The Game and Fisheries B^W)', °' ^°' ■^^^> l^'^^y as enacted by section 15 of The Game and Fisheries re-enacted. Amendment Act, 1947, is repealed and the following substituted therefor:
(bb) prescribing the manner in which game shall be sealed or marked.
1946, c. 33,
8. 72, cl. dd. (1947, c. 40, 8. 15), amended.
(2) Clause dd of the said section 72, as enacted by section 15 of The Game and Fisheries Amendment Act, 1947, is amended by striking out the word "April" in the fourth line and in- serting in lieu thereof the word "March", so that the said clause shall now^ read as follows:
{dd) authorizing the council of any county designated by the Minister to declare open seasons for the hunting of foxes at any time from the 1st day of March to the 31st day of October in any year.
8.^72! ci.^i?' (^) Clause i of the said section 72 is repealed and the fol- re-enacted. lowing substituted therefor:
{i) varying the open season for any game in any part of Ontario and varying the part of Ontario in which any such open season shall apply.
ment"oTAct ^^' ^^^^ -^^t shall come into force on the day upon which it receives the Royal Assent.
Short title. 22. This Act may be cited as The Game and Fisheries Amendment Act, 1948.
137
Section 20 — Subsection 1. Clause bb is enlarged to cover all game. At the present time it applies to beaver only.
Subsection 2. The open season for foxes is extended one month.
Subsection 3. Under the present Act the power to vary is restricted to one season. This limitation is removed and the power clarified.
137
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No. 137
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Game and Fisheries Act, 1946.
Mr. Scott
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 137 1948
BILL
An Act to amend The Game and Fisheries Act, 1946.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Section 1 of The Game and Fisheries Act, 1946, is 1946, c. 33. amended by adding thereto the following clauses: amended.
{ee) "domestic animals and birds" shall include non- -domestic native species kept in captivity but shall not include I^^JfiMnis"- native species kept in captivity or non-native species present in the wild state;
iff) "ferret" shall mean any of the domesticated forms of "ferret' the old world polecat (putorius putorius) used for hunting;
{vv) "snare" shall mean an}^ device for the taking of "snare"; animals whereby they are caught in a noose, and "snaring" shall have a corresponding meaning;
{ww) "trap" shall mean any spring trap, gin, deadfall, -trap' box or net used to capture game, and "trapping" shall have a corresponding meaning.
(2) Clause h of the said section 1 is amended by striking 1946. c. 33. out the word "squirrel" in the third line and inserting in lieu IVn^^ifded.' thereof the words "red squirrel", so that the said clause shall now read as follows:
Qi) "fur-bearing animal" shall mean a beaver, fisher, fox, "fur- lynx, marten, mink, musk-rat, otter, raccoon, rabbit, anfmar-. skunk, red squirrel, weasel and wolverine or any
137
other animal which the Lieutenant-Governor Council may declare to be a fur-bearing animal.
1946. c. 33,
8. 1, Cl. 1,
amended.
(3) Clause i of the said section 1 is amended by adding at the end thereof the words "and the Migratory Birds Conven- tion Act (Canada) and shall include any portion of any such animal or bird", so that the said clause shall now read as follows:
"game".
R.S.C.. o. 130.
(i) "game" shall mean all fur-bearing animals and all animals and birds protected by this Act and the Migratory Birds Convention Act (Canada) and shall include any portion of any such animal or bird.
1946, C. 33,
8. 7, subs. 1, amended.
2. Subsection 1 of section 7 of The Game and Fisheries Act, 1946, is amended by adding at the end of clause b the words "or any baggage or express office or any licensed premises where pelts are bought or sold", so that the said subsection shall now read as follows:
Search of
vehicles,
premises.
(1) An officer shall have the authority of a constable for the purpose of this Act, and may without a search warrant, —
(a) stop and search any vehicle, motor vehicle, aeroplane or any other flying machine, boat or launch or any railway car, including a caboose, baggage or express car; and
(6) enter and search any hunting, mining, lumber or construction camp or any baggage or ex- press office or any licensed premises where pelts are bought or sold,
where he has reasonable grounds to believe that any of them contains any game or fish taken in violation of this Act.
1946
8. 9,
amended
3^' 3. Section 9 of The Game and Fisheries Act, 1946, is amended by inserting after the word "wound" where it occurs in the second and third lines respectively the word "trap", so that the said section shall now read as follows:
Non- residents.
Except under a licence no non-resident shall hunt, take, molest, wound, trap, kill or destroy or attempt to hunt, take, molest, wound, trap, kill or destroy any animal or bird.
1946. c. 33, 4 Section 16 of The Game and Fisheries Act, 1946, is amend-
8. 16, . . .
amended. ed by adding thereto the following subsection: 137
(5) Notwithstanding anything in this Act any person captufing for licensed under this Act or the Migratory Birds Cow- purposes. vention Act (Canada) to kill or capture protected^ § c. animals or birds may use traps or fire-arms for that ^- ^^O- purpose at any time or place where the licence is valid.
5. Subsection 2 of section 17 of The Game and Fisheries iQ^e, c. 33, Act, 1946, is amended by adding at the end thereof the words amended.^" ^' "or a licence under subsection 1", so that the said subsection
shall now read as follows:
(2) No person shall sell a gill, hoop, pound or seine net Restricted to any other person not a holder of a commercial fishing licence or a licence under subsection 1 .
6. Subsection 1 of section 21 of The Game and Fisheries i946, c. 33. Act, 1946, is repealed and the following substituted therefor: re-enacted'. '
(1) Except upon such terms and conditions as the Lieu- Transfer of tenant-Governor in Council may prescribe, no licence coupon or shall be transferred and no person shall buy, sell,^®^^- exchange or in any way become a party to the trans- fer of any licence, shipping coupon or seal, or in an^^ . way use or attempt to use a licence, shipping coupon or seal issued to any other person.
7. Clause a of section 23 of The Game and Fisheries ^c/, 1946, c. 33. 1946, is amended by adding thereto the following subclause :ame^nded.'''
(vi) for a person to carry or use fire-arms or air-guns unprotected
for hunting purposes pursuant to subsection animals.
la of section 10 85
and an issuing fee of 15
8. — (1) Subsection 1 of section 25 of The Game and Fisheries '^^^^Q, c. 33.
.^\^. .11 -1 • 1 ^ ti 1 s. 25, subs. 1.
Act, 1946, IS amended by strikmg out the words or any bear amended.
or its skin" in the third line, so that the said subsection shall
now read as follows:
(1) No person shall take or ship or attempt to take or Royalties ship to any point outside of Ontario any fur-bearing animal or its pelt or send or have sent any of them to a tanner or taxidermist to be tanned or plucked or treated in any way without a licence and without paying a royalty.
(2) Subsection 2 of the said section 25 is amended byi946, c. 33. striking out the words "or bear skins" in the first line and the amended. * words "by affidavit or statutory declaration" in the fourth line, so that the said subsection shall now read as follows:
137
Exceptions. (2) The royalties shall apply to any pelts that are dam-
aged or destroyed by any means, but they shall not apply, where the holder furnishes the Department with satisfactory proof of their origin, —
(a) to silver, black, cross and blue fox and mink, bred on fur-farms operating within Ontario under a licence; or
(b) to pelts imported from any place outside of Ontario.
1846. c. 33.^ 0.— (1) Subsection 1 of section 27 of The Game and Fish- ameiided. ' eries Act, 1946, is amended by inserting after the word "kill" in the first line the words "or attempt to hunt, take or kill", so that the said subsection shall now read as follows:
(1) No person shall at any time hunt, take or kill, or attempt to hunt, take or kill, any beaver, or possess the carcass, pelt or any part of any beaver, except during such period and on such terms and conditions as the Lieutenant-Governor in Council may prescribe, but the Minister may at any time by order in writ- ing authorize the taking or killing of beaver by an an overseer or other officer named in the order in any designated locality in which, in the opinion of the Minister, beaver are causing damage to a high- way or to property of His Majesty or private pro- • perty, and the beaver taken or killed shall be ac-
counted for and delivered to the Department.
B.^27.' 6ub8^'2, (2) Clause a of subsection 2 of the said section 27 is amended amended. ^^ Striking out the words "or black" in the first line and in- serting in lieu thereof the words "black or fox", so that the said clause shall now read as follows:
Squirrel. (a) any gray, black or fox squirrel except during such
periods and on such terms and conditions as the Lieutenant-Goverfior in Council may prescribe.
8.^27.' s^iibs^'s (^) Clause d of subsection 3 of the said section 27 is amended
amended '^^ inserting after the word "deer" in the first line the words
"or moose", so that the said clause shall now read as follows:
Swimming deer or moose.
(d) hunt, take, kill or molest any deer or moose while it is swimming in any waters.
1946. c. 33, 10, Subsection 1 of section 31 of The Game and Fisheries
8. 31, subs. 1, ji ft .
amended. Act, 1946, IS amended by striking out the words "or otter" in the third line and inserting in lieu thereof the words "otter or musk-rat", so that the said subsection shall now read as follows:
137
(1) No owner of a dog shall use it or allow it to be used P°P "o*
^ ' . r 1 1 • • to be used
in any manner for the hunting, taking or killing of for hunting
• I « ^ , * _ srna.Il q^xtio,
any mink, beaver, otter or musk-rat.
11. Section 43 of The Game and Fisheries Act, 1946, isi946, c. 33, repealed and the following substituted therefor: ?e-enacted.
43. In any locality which game usually inhabits or in Prohibitions which game is usually found, no person shall, —
(a) have any air-gun, gun, rifle or fire-arm in his possession in a place from which game may be shot, unless it is unloaded and encased or it is dismantled, between one-half hour after sunset and one-half hour before sunrise of any day, except as may be provided by the regulations; or
(6) discharge any air-gun, gun, rifle or other fire- arm between one-half hour after sunset on Saturday and one-half hour before sunrise on Monday next following.
12. Section 45 of The Game and Fisheries Act, 1946, isi946. c. 33. amended by adding thereto the following subsection: amended.
(2) No person shall release into natural cover any animal Release of or bird imported into Ontario or propagated from stock. ^ stock imported into Ontario without the written authority of the Minister.
13. Section 48 of The Game and Fisheries Act, 1946, is re-i946. c. 33. pealed and the following substituted therefor: re-enacted.
48. The Lieutenant-Governor in Council may set apart waters set any waters for the conservation or propagation of^^^""*" fish.
14. Subsection 1 of section 49 of The Game and Fisheries iQ4e, c. 33, Act, 1946, is amended by inserting after the article "the" inl-^lAded.^" ^' the second line the words "conservation or", so that the said subsection shall now read as follows:
(1) No person shall angle for or take fish by any means Fishing in from waters set apart for the conservation or pro- ^-atel-s ^ pagation of fish, under section 48, but the Depart- p^'o^'^*'**®**- ment may take fish for the stocking and rearing of fish for public waters or may permit fish to be taken for scientific purposes.
1946. c. 33,
15. Clause c of subsection 1 of section 57 of The Game andc'i. c'
re-enacted.
137
w
Fisheries Act, 1946, is repealed and the following substituted therefor:
Certain persons not to carry flre-arms.
(c) being an owner or operater of or an employee in any timber or mining camp or an employee engaged in the construction or maintenance of any railway or public work, possess in the vicinity of any of them any gun oi other fire-arm, trap, snare or poison except under a licence, but this clause shall not apply to a resident employed by a railway company who does not carry or possess a fire-arm on a railway velocipede or hand-car; or
16. — (1) Subsection 1 of section 61 of The Game and
1946, O. 33.
re-enacted'. ' Fisheries Act, 1946, is repealed and the following substituted therefor:
Coupons or seals on hunting licences.
(1) There shall be provided with every hunting licence one or more shipping coupons or metal seals plainly marked with the description of the game for which the licence is issued and there shall be printed or stamped on the coupon or seal the date of the ex- piry of the licence which shall not be later than four days after the last day of the open season for w^hich the licence is issued.
8.^61 '8ubs^'2 (^) Subsection 2 of the said section 61 is amended by in- amended, serting after the word "them" in the first line the words "taken under a licence for which a shipping coupon is pro- vided", so that the said subsection shall now read as follows:
Detachment and cancel- lation of coupon upon shipment of deer or moose.
1946, 8. 61, amended
33.
(2) Where any deer or moose, or any part of them, taken under a licence for which a shipping coupon is pro- vided is presented for shipment to a common carrier, a coupon shall be detached from the licence and signed by the holder of the licence in the presence of the shipping agent or clerk in charge of the office at the point of shipment and attached to each animal or part thereof or to the receptacle contain- ing it, and then the shipping agent or clerk shall write "cancelled" across the face of the coupon, but where the animal or any part of it is transported by other than a common carrier the coupon shall be attached to the animal or part of it and similarly cancelled by the holder of the licence before trans- porting it.
(3) The said section 61 is further amended by adding thereto the following subsections:
137
(2a) Where a moose is killed under a licence for which a t^^jfe" ^®^^ metal seal is provided, the seal shall be attached to^ttached the moose immediately' after it is killed.
(26) Where a deer is killed under a licence for which a when seal metal seal is provided, the seal shall be attached attached to the deer before it is transported or shipped. *° ^^^'^'
(4) Subsection 3 of the said section 61 is repealed and the^^^^, c. 33. following substituted therefor: re-enacted'.
(3) No person shall violate any of the provisions of sub-^^^^^^^^ section 1, 2, 2a, or 2b, or use an expired coupon ors^ipping. seal, or transport or ship, or assist in transporting or shipping any moose or deer without a coupon or seal attached thereto.
17. Clause a of subsection 1 of section 63 of The Game andl^i^' ^:?^\
s. bd, subs. 1,
Fisheries Act, 1946, is repealed and the followmg substituted "i- «. therefor:
(a) any deer or moose, or the head or any other part Transport thereof, unless there is attached thereto or to themoose^^'^ receptacle containing the same a shipping coupon or seal provided under this Act or the regulations.
18. Clause c of section 69 of The Game and Fisheries Act,^^i^' c- 33.
Ill • • r 1 • tl S- 69, cl. c,
1946, IS amended by msertmg alter the word huntmg amended. where it occurs in the first and third lines respectively the words "or trapping" and by adding at the end thereof the words "or trapping, as the case may- be", so that the said clause shall now read as follows:
(c) hunting or trapping, the possession in or near any Fire-arms. place which game inhabits or where game is likely to be found, of a gun, decoy or other implement for hunting or trapping, shall be prima facie evidence that the person in possession of any of them was hunting or trapping, as the case may be.
19. Subsection 1 of section 71 of The Game and Fisheries 1946, c. 33, Act, 1946, is amended by inserting after the word "ammuni- amended.^' ' tion" in the second line the words "traps, trapping accessories, snares", so that the said subsection shall now read as follows:
(1) All motor vehicles, or vehicles of anv description, seizure ^ ' . . ■ ' . and con-
aeroplanes, guns, ammunition, traps, trapping ac-fiscation
cessories, snares, boats, rafts, skiffs, canoes, punts anf^ther and vessels of every description, decoys, nets, rods,^'"^^®'"*^* lines, tackle, and all fishing gear, materials, imple- ments or appliances of every kind used for hunting
137
8
and fishing, and all game and fish, together with packages, crates or containers of every description used in violation of this Act and found in the pos- session of any person suspected of having committed an offence against this Act shall be seized, and upon conviction, be forfeited to and become the property of the Crown in right of Ontario and sold by the Department, but where the seizure is made from a person unknown, perishable game or fish shall be forfeited to and become the property of the Crown in right of Ontario and sold forthwith by the De- partment, and any other property seized shall be forfeited to, and become the property of the Crown in right of Ontario and sold by the Department after the expiration of thirty days.
1946. c. 33, 8. 72, cl. bb
20. — (1) Clause bb of section 72 of The Game and Fisheries si^ilh ^' ^^' ■^^^' ^^46, as enacted by section 15 of The Game and Fisheries re-enacted. Amendment Act, 1947, is repealed and the following substituted therefor:
(bb) prescribing the manner in which game shall be sealed or marked.
1946. C. 33. 8. 72. cl. dd, (1947. C. 40. s. 15). amended.
(2) Clause dd of the said section 72, as enacted by section 15 of The Game and Fisheries Amendment Act, 1947 , is amended by striking out the word "April" in the fourth line and in- serting in lieu thereof the word "March", so that the said clause shall now read as follows:
{dd) authorizing the council of any county designated by the Minister to declare open seasons for the hunting of foxes at any time from the 1st day of March to the 31st day of October in any year.
8.^72,' ci.^.\' i^) Clause i of the said section 72 is repealed and the fol- re-en'aoted. lowing substituted therefor:
{i) varying the open season for any game in an\' part of Ontario and varying the part of Ontario in which any such open season shall apply.
ment"oTAct ^^' ^^^^ ^^^ shall come into force on the day upon which it receives the Royal Assent.
Short title. 22. This Act may be cited as The Game and Fisheries Amendment Act, 1948.
137
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No. 138
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Forest Fires Prevention Act, 1948.
Mr, Scott
TORONTO
Printed and Published by Baptist Johnston Printer^to the King's Most Excellent Majesty
Explanatory Notes
This Bill is a consolidation of the former Act and amendments with very little change in principle. The Bill is divided into headings for clarity, and the provisions respecting the creation of fire districts, travel permit areas and closed areas are clarified. Provision is continued for the issue of fire permits (section 7), travel permits (section 9) and work permits (section 12), and the requirements therefor, and the privileges given by such permits are better defined.
The final day of the close season for setting out fire in a fire district is extended to October 31st, but power remains to extend or restrict the close season by regulations (section 6).
By a change in the section respecting closed areas (section 11), it is provided that in a prosecution for an offence alleged to have been com- mitted between the date of filing of the Minister's order closing an area and the date of publication under The Regulations Act, 1944, the burden of proof that he did not have actual notice of the order is placed on the accused.
By a change in subsection 4 of section 12 of the Bill from the pro- visions of subsection 4 of section 23 of the present Act, the subsection is made applicable to all persons carrying on operations of the class referred to in subsection 1. The present subsection applies only to persons holding a work permit. In addition the subsection is amended so that the ques- tion as to proof that the fire did not result from the operations is no longer one to be determined by the Minister.
The provisions of section 14, which formerly applied only to cities, towns and townships, and sections 17 and 18, which formerly applied only to townships, are enlarged to apply to every municipality as defined in section 1. i
138
No. 138 1948
BILL
The Forest Fires Prevention Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
INTERPRETATION .
1. In this Act,- l^i^oT-
(a) "closed area" means an area closed by the Minister "closed by order under subsection 1 of section 11;
(&) "Department" means Department of Lands andm'en?"^* Forests ;
(c) "fire district" means a part of Ontario declared to be ''Are
^ ' '^ , district i
- a fire district under section 2;
(d) "Minister" means Minister of Lands and Forests; "Minister";
(e) "officer" means a person employed or appointed by "officer";
or with the approval of the Minister to assist in enforcing the provisions of this Act;
(/) "owner" includes locatee, purchaser from the Crown, "owner"; assignee, lessee, occupant, purchaser, timber licensee, holder of mining claim or location, and any person having the right to cut timber and wood upon any land;
(g) "municipality" means a city, town, village, township "munici- or improvement district; pa i y ,
(h) "regulations" mean regulations made under this Act; "reguia- and
(i) "travel permit area" means a forest area within a "travel per- fire district declared to be a travel permit area under
section 9. R.S.O. 1937, c. 325, s. 1 ; 1946, c. 32, s. 1, amended.
138
ADMINISTRATION.
)f Act
lication
Creation of Are districts.
2. — (1) This Act applies only to fire districts. New.
(2) The Lieutenant-Governor in Council may declare any part of Ontario a fire district. R.S.O. 1937, c. 325, s. 2 (1); 1946, c. 32, s. 2 (1).
fcMon^or (^) Nothing in this Act shall aflfect or be held to limit or
damages not interfere with the right of any person to bring and maintain
a civil action for damages occasioned by fire. R.S.O. 1937,
c. 325, s. 30.
Appoint- ment of officers.
3. The Minister may employ, for the purpose of enforcing the provisions of this Act, such officers as he may deem neces- sary, who shall be subject to his instructions. R.S.O. 1937, c. 325, s. 5, amended.
Honorary
fire
wardens.
4. The Minister may appoint honorary fire wardens who shall, —
(a) be appointed without salary or other remuneration;
Arrange- ment with owner for additional protection.
{b) have authority to enforce such of the provisions of this Act as the Minister may deem necessary; and
(c) wear a special badge to be issued by the Department. R.S.O. 1937, c. 325, s. 6; 1946, c. 32, s. 4, amended.
5. — (1) Where the owner of any land in a fire district desires to provide protection from fire upon such land in addition to that authorized by the foregoing provisions of this Act, the Minister may arrange with such owner for the appointment of special officers upon such land for the en- forcement of this Act and the regulations.
menti"*' (2) Every such appointment shall be made or approved by
the Minister.
iTpeciaf"*^ °^ ^^) Every person appointed under subsection 1 shall be officers. paid by the owner of the land such salary or other remunera-
tion as the Minister may direct or approve. R.S.O. 1937, c. 325, s. 7; 1946, c. 32, s. 5, amended.
CLOSE SEASON.
Close season.
6. Subject to the regulations, the period from the 1st day of April to the 31st day of October in each year shall be known as the close season in respect to the setting out of fire in a fire district. R.S.O. 1937, c. 325, s. 8 (1), amended.
138
FIRE PERMITS.
7. — (1) Upon application an officer may issue a pennitjissue of fire called a "fire permit", to set out fire during the close season. ''^'^"^' "
(2) A fire permit shall be an authority to the permittee to Authority set out fire only in accordance with, — by^permtt.
(a) the terms and conditions under which the permit is issued; and
(b) the regulations. New.
(3) No person shall set out fire during the close season for Prohibition any purpose, other than cooking or obtaining warmth, except tfcept'^ under under a fire permit. R.S.O. 1937, c. 325, s. 8 (2), am ended. '^^''^'^■
8. — (1) A fire permit mav be limited as to duration and Limitations
1 • 111'- i-i< 1 rn»i in permit.
area, but m any event shall expire on the 31st day of March ne.xt following the date of its issue, and may contain such other terms and conditions as the issuing officer ma>' deem necessary.
(2) A fire permit mav be cancelled or suspended at anv Cancellation
, 1^ ,.',., . . . 'or suspension
time by an officer, and immediately upon receiving notice of of permit, such cancellation or suspension the permittee shall extinguish any fire set out under the permit. New.
TRAVEL PERMITS.
9. — (1) When the Lieutenant-Governor in Council deems Creation it necessary to regulate travel in a forest area within a fire permit^ district for the protection of that area, he may declare such^'^®^^" forest area a travel permit area. R.S.O. 1937, c. 325, s. 25 (1), amended.
(2) Upon application an officer may issue without charge issue of a permit, called a "travel permit". R.S.O. 1937, c. 325, s. 25 permit. (2), amended.
(3) A travel permit shall be an authority to the permittee ^uthont^y to enter and travel about, and to set out fire only for the by permit, purpose of cooking or obtaining warmth, in the travel permit
area in accordance with, —
(a) the terms and conditions under which the permit is issued; and
{h) the regulations. New.
(4) No person shall enter and travel about, or set out fire Prohibition. 138
Limitations in permit.
in a travel permit area during the close season except under a travel permit. R.S.O. 1937, c. 325, s. 25 (3), amended.
10. — (1) A travel permit may be limited as to duration and area but in any event shall expire on the 31st day of March next following the date of its issue, and may contain such other terms and conditions as the issuing officer may deem necessarv.
Cancellation or suspension of permit.
(2) A travel permit may be cancelled or suspended at any time by an officer, and immediately upon receiving notice of such cancellation or suspension, the permittee shall extinguish any fire set by him and shall leave the travel permit area. New.
CLOSED AREAS.
^®ci'osed*'°'^ 11.— (1) When the Minister deems it necessary or expedi- area. ent, owing to extreme fire hazard conditions, to close any
area and shut out therefrom all persons except such as are specially authorized by the Minister, he may make an order in writing describing the area to be closed and the period during which such closure shall be in force, and prescribing any other terms and conditions he deems necessary. R.S.O. 1937, c. 325, s. 27 (1), amended.
order^ °^ ^"^^ ^^^ Minister shall provide for such notice as he deems
necessary under the circumstances, and shall publish a notice of the order setting out the area closed and the period of closure in such newspapers as in his opinion will give the greatest publicity. R.S.O. 1937, c. 325, s. 27 (2), amended.
Prohibition.
(3) No person, unless specially authorized by the Minister, shall enter a closed area during the peiiod of closure. New.
proof\'^ ^^ ('^) ^^ ^'^y prosecution under subsection 3 in respect of an
offence alleged to have been committed prior to publication
1944, c. 52. of the order under The Regulations Act, 1944, the burden of proving he did not have actual notice of the order at the time the offence is alleged to have been committed shall be upon the accused. New.
WORK PERMITS.
Work permit 12. — (1) Except where land is being cleared for agricul- woodrand'^ tural purposes by a locatee, purchaser or patentee, every per- operataons. son, firm or corporation shall, in addition to any other re- quirement, obtain from an officer a work permit before, —
(a) carrying on any logging, mining or industrial opera- tion or before clearing a right-of-way for any road,
138
trail, telephone, telegraph, power or pipe line, tote- road, ditch or flume or before constructing any dam, bridge, or camp or before carrying on any other woods operation of any kind liable to cause the accumulation of any slash or debris on any land within a fire district;
(b) operating in a fire district any mill for the purpose of manufacturing timber. R.S.O. 1937, c. 325, s. 23 (1); 1946, c. 32, s. 18 (1), amended.
(2) The application for such permit shall be in the pre- Description scribed form, and in addition to any other information j-e-^'^ ^®'^"^^*" quired in such form shall state the location of the proposed operation or mill, the character thereof, the number of men
to be employed, the location of camps and the probable dura- tion of the operation. R.S.O. 1937, c. 325, s. 23 (2), amended.
(3) An officer may in the interest of forest protection, — Powers of
officer.
(a) refuse the granting of permission for any operation or limit the period during which the operation may be carried on;
(b) require that any permittee carrying on any operation
under this section maintain such fire-fighting equip- ment in good repair and at specified locations as the officer may deem necessary for the control of fires which might be caused either directly or indirectly by the operation;
(c) cancel at any time any permit issued under this
section. R.S.O. 1937, c. 325, s. 23 (3); 1946, c. 32, s. 18 (1), amended.
(4) Where fire originates in any particular area in which cost of any person either by himself or his employees or someone on fng^Are.^^ his behalf, is carrying on any of the operations referred to in clause a or 6 of subsection 1 , or in any area used in connection
with such operations, the onus shall be upon that person to prove that the fire did not result from such operations, and in the absence of such proof that person shall bear the full cost of controlling and extinguishing the fire. 1946, c. 32, s. 18 (2), amended.
(5) A work permit may be limited as to duration and area Expiration but in any event shall expire on the 31st day of March next° ^^^^^ • following the date of its issue, and may contain such other
terms and conditions as the issuing officer may deem neces- sary. R.S.O. 1937, c. 325, s. 23 (5); 1946, c. 32, s. 18 (3), amended.
138
Per diem penalty.
(6) Where an officer finds any operation mentioned in sub- section 1 being conducted without a permit he may, in addi- tion to any penalty imposed, give notice that such operation must cease until the necessary permit has been secured, and any person, firm or corporation carrying on an operation after such notice has been given shall be subject to a fine of $25 for each and every day such operation is continued without a permit. R.S.O. 1937, c. 325, s. 23 (7); 1946, c. 32, s. 18 (1), amended.
Right to
refuse
permit.
(7) An officer may refuse to issue a permit under this section to any person, firm or corporation convicted of an offence under this section until such time as the said person, firm or corporation has furnished the Department with a bond in such amount and subject to such conditions as may be satisfactory to the officer. R.S.O. 1937, c. 325, s. 23 (8); 1946, c. 32, s. 18 (4), amended.
Power of officer as to clearing of land.
PREVENTION MEASURES.
13. — (1) Wherever an officer finds upon the land of any person in a fire district conditions existing which, in his opinion, may cause danger to life or property from fire, he may order the owner or person in control of the land to do what in the opinion of the officer is necessary to remove such danger, and in default may enter upon such land with such assistants as he may deem necessary for the purpose of re- moving the conditions.
(2) The cost of any work done by him or his assistants under subsection 1 shall be borne and paid by the owner or person in control of such lands and shall be recoverable by the Minister by action in any court of competent jurisdiction.
(3) Any person who neglects or refuses to carry out any order or direction given under the authority of subsection 1 shall be guilty of an offence against this Act. 1946, c. 32, s. 8, amended.
meaning of. 14t. — (1) In this section "owner" means locatee, purchaser from the Crown, assignee, purchaser or occupant.
006t of
work.
Penalty.
Action by municipality in district.
(2) Where it appears to the council of a municipality in a provisional judicial district that the condition of any land in the municipality or adjacent thereto is by reason of unfinished clearing a source of danger from fire to property in the muni- cipality, the council may cause a statement of the facts to be made to the Minister.
oompiaint.*° ^^^ '^^^ Minister shall make inquiry as to the conditions described by the council and shall report the result of his
138
inquiry to the council with his recommendation as to what action, if any, should be taken thereon.
(4) Where the Minister finds that cause for complaint exists Notice to owing to the unfinished clearing of land the council may give clean up notice to the owner of the land directing him, within a time ^"
to be named in the notice, to properly clear the land or such part thereof or to such extent as the Minister may direct and designate in his report and to remove, as far as possible, all source of danger by fire.
(5) If within the time so fixed the necessary work has not Default of been done, the corporation of the municipality may cause the °^°®''- work to be done and the expenses of the corporation in doing
such work shall be a charge upon the land and shall be payable by the owner forthwith.
(6) If the land is patented and lies in an organized muriici- Recovery of
,. , , , • • 1 • 1 • 1 expenses
pality the treasurer or the municipal corporation doing the where land work shall notify the clerk of the municipality in which the in organized land lies of the amount so due and if after thirty days after *®'^"*°'^' the date of the receipt of such notice the amount remains unpaid the corporation of the municipality in which the land lies shall pay the amount to the treasurer of the municipality doing the work and the corporation making such payment may thereupon register or lodge in the proper registry or land titles office, a declaration under the hand of the reeve or other head of the municipality and the treasurer thereof and having the corporate seal affixed thereto, declaring that the municipal corporation claims a lien upon the land for the amount so paid and interest thereon at the rate of six per centum per annum from the date of the declaration.
(7) If the land is patented and lies in territory without where land municipal organization the municipal corporation doing thein un-^° ^ work may register or lodge in the proper registry or land territory. titles office, a declaration to the same effect as the declaration mentioned in subsection 6 under the hand of the reeve or
other head of the municipality and the treasurer thereof and having the corporate seal affixed thereto, stating that the corporation claims a lien upon the land for the amount of such expenses with interest at the rate of six per centum per annum from the date of the declaration.
(8) Upon the registration or filing of the declaration men- Effect of tioned in subsections 6 and 7, the municipal corporation mak- ing the declaration shall have a lien upon the land for the amount claimed and such lien shall have priority according
to the general law of Ontario and if the claim remains unpaid for a period of three months after registration and filing the same may be enforced by the sale of the land in the manner
138
8
provided for in the regulations. 1946, c. 32, s. 11, amended.
R.S.O. 1937, c. 325, s. 14;
Lgr
with munl- oipalities.
Destruction of refuse o n clearing land for highway.
15. The Minister may enter into such agreement with any municipality as he may deem advisable for the prevention and control of forest fires, and any expenses incurred by the Department in carrying out any such agreement shall be paid out of such moneys as may be appropriated therefor by the Legislature. 1946, c. 32, s. 12.
16. — (1) Every person clearing a right-of-way for any road, trail, telephone, telegraph, power or pipe line, railway tote- road, ditch or flume shall, as rapidly as the clearing or cutting progresses and the weather conditions permit, or at such other time as an officer may direct, pile and burn on such right-of-way all refuse, timber, brush or other inflammable material cut or accumulated thereon, all such right-of-way burning to be subject to the requirements of this Act in respect to fire permits. R.S.O. 1937, c. 325, s. 22 (1); 1946, c. 32, s. 17 (1), amended.
mft^Sr'near® (2) Any person who within three hundred feet of the right- right-of-way. of-way of any railway causes any accumulation of inflam- mable debris shall at the request of any officer immediately pile and, subject to the requirements of this Act concerning fire permits, burn the debris. R.S.O. 1937, c. 325, s. 22 (2); 1946, c. 32, s. 17 (2), amended.
Timber out to fall on owner's land.
Clearing in neighbour- hood of mills, etc.
(3) No person shall fell or permit to be felled trees or brush in such manner that such trees or brush shall fall and remain on land not owned by the person felling or permitting the felling of such trees or brush. R.S.O. 1937, c. 325, s. 17 (3).
(4) Every person having charge of a camp, mine, sawmill, portable or stationary engine using fuel other than oil and located within one-half mile of any forest or woodland shall have the area surrounding said camp, mine, sawmill or engine cleared of inflammable material for a distance of at least three hundred feet and such further distance as may in the opinion of an officer be required. R.S.O. 1937, c. 325, s. 22 (4); 1946, c. 32, s. 17 (3), amended.
tion^^lJf-' (^) ^^ person shall within one-half mile of any village, fla^mmabie town or city accumulate inflammable debris or permit any such accumulation to remain on any property owned by him or under his control. R.S.O. 1937, c. 325, s. 22 (5).
Duty of
municipal
corporation.
EXTINGUISHMENT OF FIRES.
17. The corporation of any municipality within a fire dis- 138
trict shall do all necessary things to extinguish grass, brush or forest fires in the municipality, and the costs and expenses thereof shall be borne by the municipal corporation, provided that if the action taken by the municipal corporation in fighting any such fires is in the opinion of an officer not ade- quate, the officer may do what in his opinion is necessary to control and extinguish such fires, and any costs and expenses incurred by the Department in controlling or extinguishing such fires shall be a debt due by the municipal corporation to the Department and upon presentation of an account of such costs and expenses certified by the Minister, the treasurer of the municipality shall pay the same. R.S.O. 1937, c. 325, s. 15, amended.
18. — (1) Upon satisfactory proof being furnished by thecontribu- municipality that any fire has started on Crown land within p'fH;ment.^" the municipality, half of the total cost of extinguishing such fire shall be borne by the Department. R.S.O. 1937, c. 325, s. 16 (1), amended.
(2) Where any such fire is confined entirely to Crown lands Fires on other than the lands of an owner as defined by subsection 1 of section 14, the total cost of extinguishing such fire shall be borne by the Department. 1946, c. 32, s. 13.
19. — (1) For the purpose of controlHng and extinguishing Right to any fire, an officer may employ or summon the assistance oflssi&tance. any male person between the ages of eighteen and sixty years, excepting only trainmen, boat crews, local telephone opera- tors, telegraphers and despatchers on duty, doctors and per- sons physically unfit. R.S.O. 1937, c. 325, s. 17 (4); 1946, c. 32, s. 14, amended.
(2) Every person who refuses or neglects to render assis- Penalty for tance when required under this section shall be guilty of aassislt.^^ ° offence against this Act. R.S.O. 1937, c. 325, s. 17 (5), amended.
20. — (1) Every owner, within the meaning of subsection 1 ^ent of'^*^' of section 14, of land upon which there is a fire other than, — A^es.
(a) a fire set out for cooking or obtaining warmth and kept under control; or
(6) a fire set out under the authority of this Act and kept under control,
shall use all reasonable efforts to extinguish it and in any prosecution or action the onus shall be upon him to prove that he used all such reasonable efforts,
138
10
Expenses Incurred in extinguish- ing fires.
(2) In addition to the other f>enalties provided by this Act, every owner who violates the provisions of subsection 1 shall be liable for all expenses incurred by the Department in attempting to extinguish such fire upon the land of which he is the owner or upon any land to which it spreads, and the amount thereof shall be recoverable with costs as a debt due by action in any court of competent jurisdiction at the suit of the Minister. 1946, c. 32, s. 16,
OFFENCES.
OfTenoes.
21. — (1) During the close season in any year no person, company or corporation in a fire district shall, —
Using
engines
without
prescribed
safeguards.
Destroying waste, etc., without sparlc arresters.
Dropping flre or live coal.
Injunction.
Duty of engineer.
(a) use or operate within a quarter of a mile of any forest, slashing or bushland any engine which is not provided with a practical and efficient device for arresting sparks, together with an adequate device for preventing the escape of fire or live coals from all ash pans and fire boxes, and which does not comply in every respect with the regulations;
(b) destroy any wood or waste material by fire within
any burner or destructor operated at or near any mill or manufactory, or operate any power-producing plant using in connection therewith any smoke- stack, chimney or other spark-emitting outlet, with- out installing and maintaining on such burner or destructor or on such smoke-stack, chimne\' or spark-emitting outlet a safe and suitable device for arresting sparks complying in all respects with the regulations. R.S.O. 1937, c. 325, s. 12 (1); 1946, c. 32, s. 9 (1), amended.
(2) No railway company operating within the fire district shall permit fire, live coals or ashes to be deposited on its tracks or right-of-way unless they are extinguished immedi- ately thereafter, except in pits provided for the purpose. R.S.O. 1937, c. 325, s. 12 (2).
(3) Notwithstanding the penal provisions of this Act, any court of competent jurisdiction may upon the application of the Minister grant an injunction against the use of any loco- motive, engine, burner or destructor until it has been equipped with safety appliances to the satisfaction of the Minister. R.S.O. 1937, c. 325, s. 12 (3); 1946, c. 32, s. 9 (2), amended.
22. Every engineer in charge of any engine which is not subject to the jurisdiction of the Board of Transport Commis- sioners for Canada shall see that all safety appliances required by this Act or by the regulations are properly used and ap-
138
11
plied, and in default he shall be guiltv of an offence against this Act. R.S.O. 1937, c. 325, s. 13 ; 1946, c. 32, s. 10, amended.
23. No person shall,— Particular
offences.
(a) throw or drop any burning match, ashes from a pipe, lighted cigarette, cigar or other burning substance in a fire district without extinguishing it;
{b) discharge a firearm in a fire district without ensuring that the wadding from the firearm is extinguished;
(c) without lawful authority, destroy, deface or remove any notice posted under this Act or the regulations; or
{d) without lawful authority, destroy, damage or remove any equipment placed in the forest for the purpose of protecting the forests from fire. R.S.O. 1937, c. 325, ss. 18, 20, amended.
24. Every officer shall have the right while in the per- Right of formance of his duties to enter into and upon any lands ande^erVn premises other than a private dwelling, store, storehouse, p^®™*^®"- office or farm building, and every person who hinders, ob- structs and impedes any such officer in the performance of
his duty shall be guilty of an offence against this Act. R.S.O, 1937, c. 325, s. 19; 1946, c. 32, s. 15, amended.
25. Every person using or travelling in the forest shall, information upon request, give an officer or other authorized officer of the to ofBcer^by Crown, information as to his name, address, routes to be °""^*^' ®*<^- followed, location of camps and any other information per- taining to the protection of the forest from fire, and any
person who refuses to give such information shall be guilty of an offence against this Act. R.S.O. 1937, c. 325, s. 26; 1946, c. 32, s. 21, amended.
PENALTIES.
26. — (1) Every person who disobeys or refuses or neglects Penalties, to carry out any of the provisions of this Act or any regula- tion or order made thereunder shall be guilty of an offence and shall be liable to a fine of not less than $25 and not more than S300, and in default of payment may be imprisoned for a period not exceeding ninety days, or to imprisonment for a period not exceeding ninety days, or to both fine and im- prisonment, and such person shall be liable to the Depart- ment for any expenses incurred by it in endeavouring to con- trol or extinguish any fire caused by or resulting from such
138
12
disobedience, refusal or neglect. R.S.O. 1937, c. 325, s. 29; 1946, c. 32, s. 22, part, amended.
Expenses. — (2) The amount of any expenses for which any person is recovery o . jj^^j^ ^^ ^j^^ Department under subsection 1 shall be recover- able with costs as a debt due by action in any court of competent jurisdiction at the suit of the Minister, provided that where the amount claimed does not exceed $300 and B,Qv^Bia.i., proceedings are taken under The Summary Convictions Act in respect of the disobedience, refusal or neglect, the magistrate, upon making a conviction, may order payment of such amount to the Minister and every such order may be en- forced in the same manner as a division court judgment, 1946, c. 32, s. 22, part.
pe^naitfe^ °^ 27. The penalties imposed by or under the authority of Rev. Stat., this Act shall be recoverable under The Summary Convictions *'• 136. ■' Act. R.S.O. 1937, c. 325, s. 31, amended.
REGULATIONS.
Regulations. 28. The Lieutenant-Governor in Council may make regu- lations,—
(a) extending or restricting the close season for any fire district or any part of a fire district in any year to such date as may be deemed necessary;
ih) prescribing forms for use under the Act and the regulations;
(c) respecting the granting of permits and prescribing the terms and conditions thereof;
{d) prescribing the precautions to be taken in the use of fire under a permit, and the appliances, impli- ments and apparatus to be kept at hand by the holders of permits;
{e) prescribing the circumstances and conditions under which fire may be set out or used without a permit, and under which fire may be used out of doors for cooking or obtaining warmth;
(/) providing for the making of fire guards and the tak- ing of other precautionary measures when the Minister deems danger from fire to any town or settlement specially imminent;
{g) regulating or preventing the piling or accumulation 138
13
of brushwood, debris and other Inflammable mat- terial;
(h) prescribing the use of fire protective appliances on engines, and the precautions to be taken for pre- venting forest fires being caused by the use and operation of engines;
(i) prescribing the manner in which land may be sold under subsection 8 of section 14;
(J) providing for the collection of the cost of any work done by an officer or by a municipal corporation under the authority of this Act in cases not provided for under this Act;
(k) generally for the better carrying out of forest fire prevention and the provisions of this Act. R.S.O. 1937, c. 325, s. 10; 1946^ c. 32, s. 7, amended.
GENERAL.
29. The Forest Fires Prevention Act, The Forest Fires Fre-^^^- stat., vention Amendment Act, 1946, and section 9 of The Statute c'. 32, '1947.' Law Amendment Act, 1947 , are repealed. repealed". '
30. This Act may be cited as The Forest Fires Prevention sbort title. Act, 1948.
138
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No. 138
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Forest^Fires Prevention Act, 1948.
Mr. Scott
{Reprinted as amended in Committee o} the Whole House.)
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
This Bill is a consolidation of the former Act and amendments with very little change in principle. The Bill is divided into headings for clarity, and the provisions respecting the creation of fire districts, travel permit areas and closed areas are clarified. Provision is continued for the issue of fire permits (section 7), travel permits (section 9) and work permits (section 12), and the requirements therefor, and the privileges given by such permits are better defined.
The final day of the close season for setting out fire in a fire district is extended to October 31st, but power remains to extend or restrict the close season by regulations (section 6).
By a change in the section respecting closed areas (section 11), it is provided that in a prosecution for an offence alleged to have been com- mitted between the date of filing of the Minister's order closing an area and the date of publication under The Regulations Act, 1944, the burden of proof that he did not have actual notice of the order is placed on the accused.
By a change in subsection 4 of section 12 of the Bill from the pro- visions of subsection 4 of section 23 of the present Act, the subsection is made applicable to all persons carrying on operations of the class referred to in subsection 1. The present subsection applies only to persons holding a work permit. In addition the subsection is amended so that the ques- tion as to proof that the fire did not result from the operations is no longer one to be determined by the Minister.
The provisions of section 14, which formerly applied only to cities, towns and townships, and sections 17 and 18, which formerly applied only to townships, are enlarged to apply to every municipality as defined in section 1.
138
No. 138 1948
BILL
The Forest Fires Prevention Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
INTERPRETATION.
1 Tn this Art — Interpre-
X. in una n.cu, tation. —
(a) "closed area" means an area closed by the Minister "closed by order under subsection 1 of section 11;
(b) "Department" means Department of Lands and"Depart-
Forests ;
(c) "fire district" means a part of Ontario declared to be "fire
a fire district under section 2; district";
(d) "Minister" means Minister of Lands and Forests; "Minister"
(e) "officer" means a person employed or appointed by "officer";
or with the approval of the Minister to assist in enforcing the provisions of this Act;
(J) "owner" includes locatee, purchaser from the Crown, "owner"; assignee, lessee, occupant, purchaser, timber licensee, holder of mining claim or location, and any person having the right to cut timber and wood upon any land;
(g) "municipality" means a city, town, village, township "munici- or improvement district; paiity";
(h) "regulations" mean regulations made under this Act; "reguia-
j tions";
and
(i) "travel permit area" means a forest area within a "travel per- fire district declared to be a travel permit area under
section 9. R.S.O. 1937, c. 325, s. 1 ; 1946, c. 32, s. 1, amended.
138
^n
ct.
ADMINISTRATION.
(1) This Act applies only to fire districts. New.
^reatton (2) The Lieutenant-Governor in Council may declare any
districts. part of Ontario a fire district. R.S.O. 1937, c. 325, s. 2 (1); 1946, c. 32, s. 2 (1).
fcuon for ^^^ Nothing in this Act shall affect or be held to limit or
damages not interfere with the right of any. person to bring and maintain
a civil action for damages occasioned by fire. R.S.O. 1937,
c. 325, s. 30.
Appoint- ment of officers.
3. The Minister may employ, for the purpose of enforcing the provisions of this Act, such officers as he may deem neces- sary, who shall be subject to his instructions. R.S.O. 1937, c. 325, s. 5, amended.
Honorary
Are
wardens.
4. The Minister may appoint honorary fire wardens who shall,—
Arrange- ment with owner for additional protection.
(a) be appointed without salary or other remuneration;
(b) have authority to enforce such of the provisions of
this Act as the Minister may deem necessary; and
(c) wear a special badge to be issued by the Department.
R.S.O. 1937, c. 325, s. 6; 1946, c. 32, s. 4, amended.
5. — (1) Where the owner of any land in a fire district desires to provide protection from fire upon such land in addition to that authorized by the foregoing provisions of this Act, the Minister may arrange with such owner for the appointment of special officers upon such land for the en- forcement of this Act and the regulations.
inents"* ^^^ Every such appointment shall be made or approved by
the Minister.
sp^e^^if*^ °^ (^) Every person appointed under subsection 1 shall be officers. paid by the owner of the land such salary or other remunera-
tion as the Minister may direct or approve. R.S.O. 1937, c. 325, s. 7; 1946, c. 32, s. 5, amended.
CLOSE SEASON.
Close season.
6. Subject to the regulations, the period from the 1st day of April to the 31st day of October in each year shall be known as the close season in respect to the setting out of fire in a fire district. R.S.O. 1937, c. 325, s. 8 (1), amended.
138
FIRE PERMITS.
7. — (1) Upon application an officer may issue a permit, issue of fire called a "fire permit", to set out fire during the close season. ''^'^'^'
(2) A fire permit shall be an authority to the permittee to Authority set out fire only in accordance with, — by^permft.
(a) the terms and conditions under which the permit is issued; and
(b) the regulations. New.
(3) No person shall set out fire during the close season for prohibition any purpose, other than cooking or obtaining warmth, except efcept^u^nder under a fire permit. R.S.O. 1937, c. 325, s. 8 (2), am ended, p^'"'''^-
8. — :(1) A fire permit may be limited as to duration and Limitations area, but in any event shall expire on the 31st day of March next following the date of its issue, and may contain such other terms and conditions as the issuing officer may deem necessary.
(2) A fire permit may be cancelled or suspended at anv Cancellation
, i^ 1 •' !• 1 • • • '. or suspension
time by an officer, and immediately upon receiving notice of of permit. such cancellation or suspension the permittee shall extinguish any fire set out under the permit. New.
TRAVEL PERMITS.
9. — (1) When the Lieutenant-Governor in Council deems Creation it necessary to regulate travel in a forest area within a fire permit^ district for the protection of that area, he may declare such^'^®^^" forest area a travel permit area. R.S.O. 1937, c. 325, s. 25 (1), amended.
(2) Upon application an officer may issue without charge issue of a permit, called a "travel permit". R.S.O. 1937, c. 325, s. 25pe1-mit. (2), amended.
(3) A travel permit shall be an authority to the permittee Ajithont^y to enter and travel about, and to set out fire only for the by permit, purpose of cooking or obtaining warmth, in the travel permit
area in accordance with, —
(a) the terms and conditions under which the permit is
issued; and
(b) the regulations. New.
(4) No person shall enter and travel about, or set out fire Prohibition. 138
Limitations in permit.
in a travel permit area during the close season except under a travel permit. R.S.O. 1937, c. 325, s. 25 (3), amended.
10. — (1) A travel permit may be limited as to duration and area but in any event shall expire on the 31st day of March next following the date of its issue, and may contain such other terms and conditions as the issuing officer may deem necessary.
or%'u°8*pe1wi°on (2) A travel permit may be cancelled or suspended at any
of permit. time by an officer, and immediately upon receiving notice of
such cancellation or suspension, the permittee shall extinguish
any fire set by him and shall leave the travel permit area.
New.
CLOSED AREAS.
of*ci'o8ed*'°" ^^- — ^^^ When the Minister deems it necessary or expedi- area. ent, owing to extreme fire hazard conditions, to close any
area and shut out therefrom all persons except such as are specially authorized by the Minister, he may make an order in writing describing the area to be closed and the period during which such closure shall be in force, and prescribing any other terms and conditions he deems necessary. R.S.O. 1937, c. 325, s. 27 (1), amended.
Notice of (2) The Minister shall provide for such notice as he deems
necessary under the circumstances, and shall publish a notice of the order setting out the area closed and the period of closure in such newspapers as in his opinion will give the greatest publicity. R.S.O. 1937, c. 325, s. 27 (2), amended.
Prohibition. (3) JsJq person, unless specially authorized by the Minister, shall enter a closed area during the peiiod of closure. New.
Burden of proof.
1944, c. 52.
(4) In any prosecution under subsection 3 in respect of an offence alleged to have been committed prior to publication of the order under The Regulations Act, 1944, the burden of proving he did not have actual notice of the order at the time the offence is alleged to have been committed shall be upon the accused. New.
WORK PERMITS.
Work permit 12. — (1) Except where land is being cleared for agricul- woods^nd'^ tural purposes by a locatee, purchaser or patentee, every per- operat^ions. son, firm or corporation shall, in addition to any other re- quirement, obtain from an officer a work permit before, —
(a) carrying on any logging, mining or industrial opera- tion or before clearing a right-of-way for any road,
138
trail, telephone, telegraph, power or pipe line, tote- road, ditch or flume or before constructing any dam, bridge, or camp or before carrying on any other woods operation of any kind liable to cause the accumulation of any slash or debris on any land within a fire district;
(b) operating in a fire district any mill for the purpose of manufacturing timber. R.S.O. 1937, c. 325, s. 23 (1); 1946, c. 32, s. 18 (1), amended.
(2) The application for such permit shall be in the pre- Description scribed form, and in addition to any other information j-g.^^^ p®!""^'*- quired in such form shall state the location of the proposed operation or mill, the character thereof, the number of men
to be employed, the location of camps and the probable dura- tion of the operation. R.S.O. 1937, c. 325, s. 23 (2), amended.
(3) An officer may in the interest of forest protection, — officer? °^
(a) refuse the granting of permission for any operation or limit the period during which the operation may be carried on;
(b) require that any permittee carrying on any operation
under this section maintain such fire-fight-ng equip- ment in good repair and at specified locations as the officer may deem necessary for the control of fires which might be caused either directly or indirectly by the operation;
(c) cancel at any time any permit issued under this
section. R.S.O. 1937, c. 325, s. 23 (3); 1946, c. 32, s. 18 (1), amended.
(4) Where fire originates in any particular area in which cost of any person either by himself or his employees or someone on fng'Sfe.^^ his behalf, is carrying on any of the operations referred to in clause o or & of subsection 1, in the absence of reasonable evidence that the fire may have occurred from causes other
than such operations the onus shall be upon that person to prove that the fir« did not result from such operations, and in the absence of such proof that person shall bear the full cost of controlling and extinguishing the fire. 1946, c. 32, s. 18 (2), amended.
(5) A work permit may be limited as to duration and area Expiration but in any event shall expire on the 31st day of March next° ^^^^ following the date of its issue, and may contain such other
terms and conditions as the issuing officer may deem neces- sary. R.S.O. 1937, c. 325, s. 23 (5); 1946, c. 32, s. 18 (3), amended.
138
Per dl«m panalty.
(6) Where an officer finds any operation mentioned in sub- section 1 being conducted without a permit he may, in addi- tion to any penalty imposed, give notice that such operation must cease until the necessary permit has been secured, and any person, firm or corporation carrying on an operation after such notice has been given shall be subject to a fine of $25 for each and every day such operation is continued without a permit. R.S.O. 1937, c. 325, s. 23 (7) ; 1946, c. 32, s. 18 (1), amended.
Right to
re^se
permit.
(7) An officer may refuse to issue a permit under this section to any person, firm or corporation convicted of an offence under this section until such time as the said person, firm or corporation has furnished the Department with a bond in such amount and subject to such conditions as may be satisfactory to the officer. R.S.O. 1937, c. 325, s. 23 (8); 1946, c. 32, s. 18 (4), amended.
PREVENTION MEASURES.
Power of ofBcer as to clearing of land.
Cost of work.
13. — (1) Wherever an officer finds upon the land of any person in a fire district conditions existing which, in his opinion, may cause danger to life or property from fire, he may order the owner or person in control of the land to do what in the opinion of the officer is necessary to remove such danger, and in default may enter upon such land with such assistants as he may deem necessary for the purpose of re- moving the conditions.
(2) The cost of any work done by him or his assistants under subsection 1 shall be borne and paid by the owner or person in control of such lands and shall be recoverable by the Minister by action in any court of competent jurisdiction.
Penalty. ^3^ ^j^y person who neglects or refuses to carry out any
order or direction given under the authority of subsection 1 shall be guilty of an offence against this Act. 1946, c. 32, s. 8, amended.
meaning of. 14. — (1) In this section "owner" means locatee, purchaser from the Crown, assignee, purchaser or occupant.
Action by municipality in district.
(2) Where it appears to the council of a municipality in a provisional judicial district that the condition of any land in the municipality or adjacent thereto is by reason of unfinished clearing a source of danger from fire to property in the muni- cipality, the council ma}'^ cause a statement of the facts to be made to the Minister.
oompiaint.*° ^^^ ^^^ Minister shall make inquir>' as to the conditions described by the council and shall report the result of his
138
inquiry to the council with his recommendation as to what action, if any, should be taken thereon.
(4) Where the Minister finds that cause for complaint exists Notice to owing to the unfinished clearing of land the council may giveciean'^up notice to the owner of the land directing him, within a time^^"*^*
to be named in the notice, to properly clear the land or such part thereof or to such extent as the Minister may direct and designate in his report and to remove, as far as possible, all source of danger by fire.
(5) If within the time so fixed the necessary work has not Default of been done, the corporation of the municipality may cause the^^"®'^' work to be done and the expenses of the corporation in doing
such work shall be a charge upon the land and shall be payable by the owner forthwith.
(6) If the land is patented and lies in an organized munici-^^ecovery of pality the treasurer of the municipal corporation doing the where land work shall notify the clerk of the municipality in which the in organised land lies of the amount so due and if after thirty days after *®'^"*°'^^* the date of the receipt of such notice the amount remains
unpaid the corporation of the municipality in which the land lies shall pay the amount to the treasurer of the municipality doing the work and the corporation making such payment may thereupon register or lodge in the proper registry or land titles office, a declaration under the hand of the reeve or other head of the municipality and the treasurer thereof and having the corporate seal afiixed thereto, declaring that the municipal corporation claims a lien upon the land for the amount so paid and interest thereon at the rate of six per centum per annum from the date of the declaration.
(7) If the land is patented and lies in territory without where land municipal organization the municipal corporation doing thein un-^"^ ^ work may register or lodge in the proper registry or land territory^ titles office, a declaration to the same effect as the declaration mentioned in subsection 6 under the hand of the reeve or
other head of the municipality and the treasurer thereof and having the corporate seal affixed thereto, stating that the corporation claims a lien upon the land for the amount of such expenses with interest at the rate of six per centum per annum from the date of the declaration.
(8) Upon the registration or filing of the declaration men- Effect of tioned in subsections 6 and 7, the municipal corporation mak- ing the declaration shall have a lien upon the land for the amount claimed and such lien shall have priority according
to the general law of Ontario and if the claim remains unpaid for a period of three months after registration and filing the same may be enforced by the sale of the land in the manner
138
8
provided for in the regulations. 1946, c. 32, s. 11, amended.
R.S.O. 1937, c. 325, s. 14;
with munl- oipalities.
Destruction of refuse o n clearing land for highway.
16. The Minister may enter into such agreement with any municipality as he may deem advisable for the prevention and control of forest fires, and any expenses incurred by the Department in carrying out any such agreement shall be paid out of such moneys as may be appropriated therefor by the Legislature. 1946, c. 32, s. 12.
16. — (1) Every person clearing a right-of-way for any road, trail, telephone, telegraph, power or pipe line, railway tote- road, ditch or flume shall, as rapidly as the clearing or cutting progresses and the weather conditions permit, or at such other time as an officer may direct, pile and burn on such right-of-way all refuse, timber, brush or other inflammable material cut or accumulated thereon, all such right-of-way burning to be subject to the requirements of this Act in respect to fire permits. R.S.O. 1937, c. 325, s. 22 (1); 1946, c. 32, s. 17 (1), amended.
miufr"i^^r^ (2) Any person who within three hundred feet of the right- right-of-way. Qf.^^^y Qf j^j^y railway causes any accumulation of inflam- mable debris shall at the request of any officer immediately pile and, subject to the requirements of this Act concerning fire permits, burn the debris. R.S.O. 1937, c. 325, s. 22 (2); 1946, c. 32, s. 17 (2), amended.
Timber cut to fall on owner's land.
Clearing in neighbour- hood of mills, etc.
(3) No person shall fell or permit to be felled trees or brush in such manner that such trees or brush shall fall and remain on land not owned by the person felling or permitting the felling of such trees or brush. R.S.O. 1937, c. 325, s. 17 (3).
(4) Every person having charge of a camp, mine, sawmill, portable or stationary engine using fuel other than oil and located within one-half mile of any forest or woodland shall have the area surrounding said camp, mine, sawmill or engine cleared of inflammable material for a distance of at least three hundred feet and such further distance as may in the opinion of an officer be required. R.S.O. 1937, c. 325, s. 22 (4); 1946, c. 32, s. 17 (3), amended.
tion"of"rf-' (^) ^° person shall within one-half mile of any village, flammable town or city accumulate inflammable debris or permit any such accumulation to remain on any property owned by him or under his control. R.S.O. 1937, c. 325, s. 22 (5).
Duty of
municipal
corporation.
EXTINGUISHMENT OF FIRES.
17. The corporation of any municipality within a fire dis- 138
, trict shall do all necessary things to extinguish grass, brush or forest fires in the municipality, and the costs and expenses thereof shall be borne by the municipal corporation, provided that if the action taken by the municipal corporation in fighting any such fires is in the opinion of an officer not ade- quate, the officer may do what in his opinion is necessary to control and extinguish such fires, and any costs and expenses incurred by the Department in controlling or extinguishing such fires shall be a debt due by the municipal corporation to the Department and upon presentation of an account of such costs and expenses certified by the Minister, the treasurer of the municipality shall pay the same. R.S.O. 1937, c. 325, s. 15, amended.
18. — (1) Upon satisfactory proof being furnished by thecontribu- municipality that any fire has started on Crown land within paAmen?.^' the municipality, half of the total cost of extinguishing such fire shall be borne by the Department. R.S.O. 1937, c. 325, s. 16 (1), amended.
(2) Where any such fire is confined entirely to Crown lands Fires on other than the lands of an owner as defined by subsection 1 '■°^'^^^° ^* of section 14, the total cost of extinguishing such fire shall be borne by the Department. 1946, c. 32, s. 13.
19. — (1) For the purpose of controlling and extinguishing Right to any fire, an officer may employ or summon the assistance oflg^g'tance. any male person between the ages of eighteen and sixty years, excepting only trainmen, boat crews, local telephone opera- tors, telegraphers and despatchers on duty, doctors and per- sons physically unfit. R.S.O. 1937, c. 325, s. 17 (4); 1946, c. 32, s. 14, amended.
(2) Every person who refuses or neglects to render assis- Penalty for tance when required under this section shall be guilty of a assys^^'^^ *° offence against this Act. R.S.O. 1937, c. 325, s. 17 (5), amended.
20. — (1) Every owner, within the meaning of subsection 1 ^en? of '^^' of section 14, of land upon which there is a fire other than, — flres.
(a) a fire set out for cooking or obtaining warmth and kept under control ; or
{h) a fire set out under the authority of this Act and kept under control,
shall use all reasonable efforts to extinguish it and in any prosecution or action the onus shall be upon him to prove that he used all such reasonable efforts.
138
10
Expenses incurred In extinguish- ing flres.
(2) In addition to the other penalties provided by this Act, every owner who violates the provisions of subsection 1 shall be liable for all expenses incurred by the Department in attempting to extinguish such fire upon the land of which he is the owner or upon any land to which it spreads, and the amount thereof shall be recoverable with costs as a debt due by action in any court of competent jurisdiction at the suit of the Minister. 1946, c. 32, s. 16.
OFFENCES.
OlTences.
Using
engines
without
prescribed
safeguards.
21. — (1) During the close season in any year no person, company or corporation in a fire district shall, —
(a) use or operate within a quarter of a mile of any forest, slashing or bushland any engine which is not provided with a practical and efficient device for arresting sparks, together with an adequate device for preventing the escape of fire or live coals from all ash pans and fire boxes, and which does not comply in every respect with the regulations;
Destroying waste, etc., without sparlt arresters.
(b) destroy any wood or waste material by fire within any burner or destructor operated at or near any mill or manufactory, or operate any power-producing plant using in connection therewith any smoke- stack, chimney or other spark-emitting outlet, with- out installing and maintaining on such burner or destructor or on such smoke-stack, chimney or spark-emitting outlet a safe and suitable device for arresting sparks complying in all respects with the regulations. R.S.O. 1937, c. 325, s. 12 (1); 1946, c. 32, s. 9 (1), amended.
Dropping Are or live coal.
Injunction.
Duty of engineer.
(2) No railway company operating within the fire district shall permit fire, live coals or ashes to be deposited on its tracks or right-of-way unless they are extinguished immedi- ately thereafter, except in pits provided for the purpose. R.S.O. 1937, c. 325, s. 12 (2).
(3) Notwithstanding the penal provisions of this Act, any court of competent jurisdiction may upon the application of the Minister grant an injunction against the use of any loco- motive, engine, burner or destructor until it has been equipped with safety appliances to the satisfaction of the Minister. R.S.O. 1937, c. 325, s. 12 (3); 1946, c. 32, s. 9 (2), amended.
22. Every engineer in charge of an}' engine which is not subject to the jurisdiction of the Board of Transport Commis- sioners for Canada shall see that all safety appliances required by this Act or by the regulations are properly used and ap-
138
11
plied, and in default he shall be guilty of an offence against this Act. R.S.O. 1937, c. 325, s. 13; 1946, c. 32, s. 10, amended.
23. No person shall, — Particular
offences.
(a) throw or drop any burning match, ashes from a pipe, lighted cigarette, cigar or other burning substance in a fire district without extinguishing it;
(b) discharge a firearm in a fire district without ensuring
that the wadding from the firearm is extinguished ;
(c) without lawful authority, destroy, deface or remove
any notice posted under this Act or the regulations; or
(d) without lawful authority, destroy, damage or remove any equipment placed in the forest for the purpose of protecting the forests from fire. R.S.O. 1937, c. 325, ss. 18, 20, amended.
24. Every officer shall have the right while in the per- Right of formance of his duties to enter into and upon any lands and enter on premises other than a private dwelHng, store, storehouse, ^'^®'^'^®^' office or farm building, and every person who hinders, ob- structs and impedes any such officer in the performance of
his duty shall be guilty of an offence against this Act. R.S.O. 1937, c. 325, s. 19; 1946, c. 32, s. 15, amended.
25. Every person using or travelling in the forest shall, J^f°'""i?^'o'i upon request, give an officer or other authorized officer of the to officer by
„ . r • 1 • 11 . , 1 tourists, etc.
Crown, mformation as to his name, address, routes to be followed, location of camps and any other information per- taining to the protection of the forest from fire, and any person who refuses to give such information shall be guilty of an offence against this Act. R.S.O. 1937, c. 325, s. 26; 1946, c. 32, s. 21, amended.
PENALTIES.
26. — (1) Every person who disobeys or refuses or neglects Penalties. to carry out any of the provisions of this Act or any regula- tion or order made thereunder shall be guilty of an offence and shall be liable to a fine of not less than $25 and not more than $300, and in default of payment may be imprisoned for a period not exceeding ninety days, or to imprisonment for a period not exceeding ninety days, or to both fine and im- prisonment, and such person shall be liable to the Depart- ment for any expenses incurred by it in endeavouring to con- trol or extinguish any fire caused by or resulting from such
138
12
disobedience, refusal or neglect. R.S.O. 1937, c. 325, s. 29; 1946, c. 32, s. 22, part, amended.
Expenses.— (2) The amount of any expenses for which any person is liable to the Department under subsection 1 shall be recover- able with costs as a debt due by action in any court of competent jurisdiction at the suit of the Minister, provided that where the amount claimed does not exceed $300 and
^Yie^***" proceedings are taken under The Summary Convictions Act in respect of the disobedience, refusal or neglect, the magistrate, upon making a conviction, may order payment of such amount to the Minister and every such order may be en- forced in the same manner as a division court judgment, 1946, c. 32, s. 22, part.
peliaitfeZ ° 27. The penalties imposed by or under the authority of Rev. Stat, this Act shall be recoverable under The Summary Convictions *'■ ^36. ' Act. R.S.O. 1937, c. 325, s. 31, amended.
REGULATIONS.
Regulations. 28. The Lieutenant-Governor in Council may make regu- lations,—
(a) extending or restricting the close season for any fire district or any part of a fire district in any year to such date as may be deemed necessary;
{h) prescribing forms for use under the Act and the regulations;
(c) respecting the granting of permits and prescribing the terms and conditions thereof;
{d) prescribing the precautions to be taken in the use of fire under a permit, and the appliances, impli- ments and apparatus to be kept at hand by the holders of permits;
{e) prescribing the circumstances and conditions under which fire may be set out or used without a permit, and under which fire may be used out of doors for cooking or obtaining warmth;
(/) providing for the making of fire guards and the tak- ing of other precautionary measures when the Minister deems danger from fire to any town or settlement specially imminent;
(g) regulating or preventing the piling or accumulation 138
13
of brushwood, debris and other inflammable mat- terial;
(h) prescribing the use of fire protective appliances on engines, and the precautions to be taken for pre- venting forest fires being caused by the use and operation of engines;
(i) prescribing the manner in which land may be sold under subsection 8 of section 14;
(j) providing for the collection of the cost of any work done by an officer or by a municipal corporation under the authority of this Act in cases not provided for under this Act;
(k) generally for the better carrying out of forest fire prevention and the provisions of this Act. R.S.O. 1937, c. 325, s. 10; 1946, c. 32, s. 7, amended.
GENERAL.
29. The Forest Fires Prevention Act, The Forest Fires Pre-^e^- stat.. vention Amendment Act, 1946, and section 9 of The Statute c. 32; '1947.' Law Amendment Act, 1947 , are repealed. repealed'. ^'
30. This Act may be cited as The Forest Fires Prevention^^^^^ ^^*'^^' Act, 1948.
138
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No. 138
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4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Forest Fires Prevention Act, 1948.
Mr. Scott
TORONTO
Printed^andJPublished by Baptist Johnston Printer to the^King's Most Excellent Majesty
No. 138 1948
BILL
The Forest Fires Prevention Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
INTERPRETATION.
1. In this Act, — interpre-
tation,—
(a) "closed area" means an area closed by the Minister "closed by order under subsection 1 of section 1 1 ; ^^®* '
(b) "Department" means Department of Lands and "Depart-
T^ , ment";
f'orests;
(c) "fire district" means a part of Ontario declared to be "fire
a fire district under section 2; district";
(6^) "Minister" means Minister of Lands and Forests; "Minister"
(e) "officer" means a person employed or appointed by "officer"; or with the approval of the Minister to assist in enforcing the provisions of this Act;
(/) "owner" includes locatee, purchaser from the Crown, "owner"; assignee, lessee, occupant, purchaser, timber licensee, holder of mining claim or location, and an\- person having the right to cut timber and wood upon any land ;
(g) "municipality" means a city, town, village, township "munici- or improvement district; pa i y ,
(h) "regulations" mean regulations made under this Act; "reguia- and
(i) "travel permit area" means a forest area within a "travel per- fire district declared to be a travel permit area under
section 9. R.S.O. 1937, c. 325, s. 1; 1946, c. 32, s. 1, amended.
138
ADMINISTRATION.
A^^Hcation 2.— (1) This Act appHes only to fire districts.
New.
o/fu-e°" ^^) ^^^ Lieutenant-Governor in Council may declare any
districts. part of Ontario a fire district. R.S.O. 1937, c. 325, s. 2 (1); 1946, c. 32, s. 2 (1).
fctl5n°or ("^) Nothing in this Act shall affect or be held to limit or
damages not interfere with the right of any person to bring and maintain
a civil action for damages occasioned by fire. R.S.O. 1937,
c. 325, s. 30.
Appoint- ment of officers.
3. The Minister may employ, for the purpose of enforcing the provisions of this Act, such officers as he may deem neces- sary, who shall be subject to his instructions. R.S.O. 1937, c. 325, s. 5, amended.
Honorary 4 'pj^g Minister may appoint honorary fire wardens who
wardens. shall, —
(a) be appointed without salary or other remuneration;
{b) have authority to enforce such of the provisions of this Act as the Minister may deem necessary; and
(c) wear a special badge to be issued by the Department. R.S.O. 1937, c. 325, s. 6; 1946, c. 32, s. 4, amended.
Arrange- ment with owner for additional protection.
5. — (1) Where the owner of any land in a fire district desires to provide protection from fire upon such land in addition to that authorized by the foregoing provisions of this Act, the Minister may arrange with such owner for the appointment of special officers upon such land for the en- forcement Qf this Act and the regulations.
ments"* ^^^ Every such appointment shall be made or approved by
the Minister.
sjfe^^fr* °^ ^^^ Every person appointed under subsection 1 shall be officers. paid by the owner of the land such salary or other remunera-
tion as the Minister may direct or approve. R.S.O. 1937, c. 325, s. 7; 1946, c. 32, s. 5, amended.
CLOSE SEASON.
Close season.
6. Subject to the regulations, the period from the 1st day of April to the 31st day of October in each year shall be known as the close season in respect to the setting out of fire in a fire district. R.S.O. 1937, c. 325, s. 8 (1), amended.
138
FIRE PERMITS.
7. — (1) Upon application an officer may issue a permit, issue of Are called a "fire permit", to set out fire during the close season. ''^'^'"'*'
(2) A fire permit shall be an authority to the permittee to Authority set out fire only in accordance with, — by"penri?t.
(a) the terms and conditions under which the permit is issued; and
(b) the regulations. New.
(3) No person shall set out fire during the close season for Prohibition any purpose, other than cooking or obtaining warmth, except efcepf under under a fire permit. R.S.O. 1937, c. 325, s. 8 (2), am ended, p^"""''^-
8. — (1) A fire permit may be limited as to duration and Li"iitations area, but in any event shall expire on the 31st day of March' ^^'^ next following the date of its issue, and may contain such other terms and conditions as the issuing officer may deem necessary.
(2) A fire permit mav be cancelled or suspended at anv Cancellation
, rr 1 •" 1 • 1 • • . '. or suspension
time by an officer, and immediately upon receiving notice of of permit.
such cancellation or suspension the permittee shall extinguish
any fire set out under the permit. New.
TRAVEL PERMITS.
9. — (1) When the Lieutenant-Governor in Council deems Creation it necessary to regulate travel in a forest area within a firepenifit^ district for the protection of that area, he may declare such^""®^^' forest area a travel permit area. R.S.O. 1937, c. 325, s. 25 (1), amended.
(2) Upon application an officer may issue without charge issue of permit, calh (2), amended.
a permit, called a "travel permit". R.S.O. 1937, c. 325, s. 25 pel-mit.
(3) A travel permit shall be an authority to the permittee -^^u^thontT to enter and travel about, and to set out fire only for the by permit, purpose of cooking or obtaining warmth, in the travel permit
area in accordance with, —
(a) the terms and conditions under which the permit is issued; and
(b) the regulations. New.
(4) No person shall enter and travel about, or set out fire Prohibition. 138
Limitations in permit.
in a travel permit area during the close season except under a travel permit. R.S.O. 1937, c. 325, s. 25 (3), amended.
10. — (1) A travel permit may be limited as to duration and area but in any event shall expire on the 31st day of March next following the date of its issue, and may contain such other terms and conditions as the issuing oflficer may deem necessary.
or%'u8*pe1i*8ion (2) A travel permit may be cancelled or suspended at any
of permit. x{i^^q by an officer, and immediately upon receiving notice of
such cancellation or suspension, the permittee shall extinguish
any fire set by him and shall leave the travel permit area.
New.
CLOSED AREAS.
of^ci'osed*^'^" 11. — (1) When the Minister deems it necessary or expedi- area. ent, owing to extreme fire hazard conditions, to close any
area and shut out therefrom all persons except such as are specially authorized by the Minister, he may make an order in writing describing the area to be closed and the period during which such closure shall be in force, and prescribing any other terms and conditions he deems necessary. R.S.O. 1937, c. 325, s, 27 (1), amended.
Notice of order.
(2) The Minister shall provide for such notice as he deems necessary under the circumstances, and shall publish a notice of the order setting out the area closed and the period of closure in such newspapers as in his opinion will give the greatest publicity. R.S.O. 1937, c. 325, s. 27 (2), amended.
Prohibition. (3) No person, unless specially authorized by the Minister, shall enter a closed area during the peiiod of closure. New.
Burden of proof.
1944. c. 52.
(4) In any prosecution under subsection 3 in respect of an offence alleged to have been committed prior to publication of the order under The Regulations Act, 1944, the burden of proving he did not have actual notice of the order at the time the offence is alleged to have been committed shall be upon the accused. New.
WORK PERMITS.
Work permit 12. — (1) Except where land is being cleared for agricul- woods^and"^ tural purposes by a locatee, purchaser or patentee, every per- ^pg'ratlons. ^on, firm or corporation shall, in addition to any other re- quirement, obtain from an officer a work permit before, —
(a) carrying on any logging, mining or industrial opera- tion or before clearing a right-of-way for any road,
138
trail, telephone, telegraph, power or pipe line, tote- road, ditch or flume or before constructing any dam, bridge, or camp or before carrying on any other woods operation of any kind liable to cause the accumulation of any slash or debris on any land within a fire district;
(b) operating in a fire district any mill for the purpose of manufacturing timber. R.S.O. 1937, c. 325, s. 23 (1); 1946, c. 32, s. 18 (1), amended.
(2) The application for such permit shall be in the pre- Description scribed form, and in addition to any other information i-g.^^P®""™* • quired in such form shall state the location of the proposed operation or mill, the character thereof, the number of men
to be emplo\'ed, the location of camps and the probable dura- tion of the operation. R.S.O. 1937, c. 325, s. 23 (2), amended.
(3) An officer may in the interest of forest protection, — offloerf °^
(a) refuse the granting of permission for any operation or limit the period during which the operation may be carried on ;
(b) require that any permittee carrying on any operation
under this section maintain such fire-fight-ng equip- ment in good repair and at specified locations as the officer may deem necessary for the control of fires which might be caused either directly or indirectly by the operation;
(c) cancel at anv time any permit issued under this
section. R.S.O. 1937, c. 325, s. 23 (3); 1946, c. 32, s. 18 (1), amended.
(4) Where fire originates in any particular area in which Cost of
^ ^ . , , , . ,r 1-1 extinguish-
any person either by himself or his employees or someone on ing fire.
his behalf, is carrying on any of the operations referred to in
clause a or 6 of subsection 1, in the absence of reasonable
evidence that the fire may have occurred from causes other
than such operations the onus shall be upon that person to
prove that the fire did not result from such operations, and
in the absence of such proof that person shall bear the full
cost of controlling and extinguishing the fire. 1946, c. 32,
s. 18 (2), amended.
(5) A work permit may be limited as to duration and area Expiration but in any event shall expire on the 31st day of March next° ^^^^ following the date of its issue, and may contain such other
terms and conditions as the issuing ofiicer may deem neces- sary. R.S.O. 1937, c. 325, s. 23 (5); 1946, c.'32, s. 18 (3), amended.
138
Per di»m I>«nalty.
(6) Where an officer finds any operation mentioned in sub- section 1 being conducted without a permit he may, in addi- tion to any penalty imposed, give notice that such operation must cease until the necessary permit has been secured, and any person, firm or corporation carrying on an operation after such notice has been given shall be subject to a fine of $25 for each and every day such operation is continued without a permit. R.S.O. 1937, c. 325, s. 23 (7) ; 1946, c. 32, s. 18 (1), amended.
Right to
refuse
permit.
(7) An officer may refuse to issue a permit under this section to any person, firm or corporation convicted of an offence under this section until such time as the said person, firm or corporation has furnished the Department with a bond in such amount and subject to such conditions as may be satisfactory to the officer. R.S.O. 1937, c. 325, s. 23 (8); 1946, c. 32, s. 18 (4), amended.
PREVENTION MEASURES.
Power of officer as to clearing of land.
13. — (1) Wherever an officer finds upon the land of any person in a fire district conditions existing which, in his opinion, may cause danger to life or property from fire, he may order the owner or person in control of the land to do what in the opinion of the officer is necessary to remove such danger, and in default may enter upon such land with such assistants as he may deem necessary for the purpose of re- moving the conditions.
Cost of work.
Penalty.
(2) The cost of any work done by him or his assistants under subsection 1 shall be borne and paid by the owner or person in control of such lands and shall be recoverable by the Minister by action in any court of competent jurisdiction.
(3) Any person who neglects or refuses to carry out any order or direction given under the authority of subsection 1 shall be guilty of an offence against this Act. 1946, c. 32, s. 8, amended.
meaningof. 14- — (1) I" this section "owner" means locatee, purchaser from the Crown, assignee, purchaser or occupant.
Action by municipality in district.
(2) Where it appears to the council of a municipality in a provisional judicial district that the condition of any land in the municipality or adjacent thereto is by reason of unfinished clearing a source of danger from fire to property in the muni- cipality, the council may cause a statement of the facts to be made to the Minister.
^°m"\aint*° ^^^ '^^^ Minister shall make inquiry as to the conditions described by the council and shall report the result of his
138
inquiry to the council with his recommendation as to what action, if any, should be taken thereon.
(4) Where the Minister finds that cause for complaint exists Notice to owing to the unfinished clearing of land the council may give clean up notice to the owner of the land directing him, within a time^^'^^*
to be named in the notice, to properly clear the land or such part thereof or to such extent as the Minister may direct and designate in his report and to remove, as far as possible, all source of danger by fire.
(5) If within the time so fixed the necessary work has not Default of been done, the corporation of the municipality may cause the°^"®'^' work to be done and the expenses of the corporation in doing
such work shall be a charge upon the land and shall be payable by the owner forthwith.
(6) If the land is patented and lies in an organized munici- Recovery of
,. , r , • • 1 • , . , expenses
pality the treasurer oi the municipal corporation doing the where land work shall notify the clerk of the municipality in which the in organized land lies of the amount so due and if after thirty days after ®^"*°'"y- the date of the receipt of such notice the amount remains unpaid the corporation of the municipality in which the land lies shall pay the amount to the treasurer of the municipality doing the work and the corporation making such payment may thereupon register or lodge in the proper registry or land titles office, a declaration under the hand of the reeve or other head of the municipality and the treasurer thereof and having the corporate seal affixed thereto, declaring that the municipal corporation claims a lien upon the land for the amount so paid and interest thereon at the rate of six per centum per annum from the date of the declaration.
(7) If the land is patented and lies In territory without where land municipal organization the municipal corporation doing thein un-^'^ ^ work may register or lodge in the proper registry- or land territory^ titles office, a declaration to the same effect as the declaration mentioned in subsection 6 under the hand of the reeve or
other head of the municipality and the treasurer thereof and having the corporate seal affixed thereto, stating that the corporation claims a lien upon the land for the amount of such expenses with interest at the rate of six per centum per annum from the date of the declaration.
(8) Upon the registration or filing of the declaration men- Effect of
. , . , . ^ ,«i --I • 1 registration
tioned in subsections 6 and 7, the municipal corporation mak- ing the declaration shall have a lien upon the land for the amount claimed and such lien shall have priority according to the general law of Ontario and if the claim remains unpaid for a period of three months after registration and filing the same may be enforced by the sale of the land in the manner
138
8
provided for in the regulations, 1946, c. 32, s. 11, amended.
R.S.O. 1937, c. 325, s. 14;
Aereements with muni- cipalities.
Destruction of refuse o n clearing land for highway.
15. The Minister may enter into such agreement with any municipality as he may deem advisable for the prevention and control of forest fires, and any expenses incurred by the Department in carrying out any such agreement shall be paid out of such moneys as may be appropriated therefor by the Legislature. 1946, c. 32, s. 12.
16. — (1) Every person clearing a right-of-way for any road, trail, telephone, telegraph, power or pipe line, railway tote- road, ditch or flume shall, as rapidly as the clearing or cutting progresses and the weather conditions permit, or at such other time as an officer may direct, pile and burn on such right-of-way all refuse, timber, brush or other inflammable material cut or accumulated thereon, all such right-of-way burning to be subject to the requirements of this Act in respect to fire permits. R.S.O. 1937, c. 325, s. 22 (1); 1946, c. 32, s. 17 (1), amended.
Inflammable matter near
(2) Any person who within three hundred feet of the right- right-of-way. Qf_^,j^y of any railway causes any accumulation of inflam- mable debris shall at the request of any officer immediately pile and, subject to the requirements of this Act concerning fire permits, burn the debris. R.S.O. 1937, c. 325, s. 22 (2); 1946. c. 32, s. 17 (2), amended.
Timber out to fall on owner's land.
Clearing in neighbour- hood of mills, etc.
Accumula- tion of in- flammable refuse.
(3) No person shall fell or permit to be felled trees or brush in such manner that such trees or brush shall fall and remain on land not owned by the person felling or permitting the felling of such trees or brush. R.S.O. 1937, c. 325, s. 17 (3).
(4) Every person having charge of a camp, mine, sawmill, portable or stationary engine using fuel other than oil and located within one-half mile of any forest or woodland shall have the area surrounding said camp, mine, sawmill or engine cleared of inflammable material for a distance of at least three hundred feet and such further distance as may in the opinion of an officer be required. R.S.O. 1937, c. 325, s. 22 (4); 1946, c. 32, s. 17 (3), amended.
(5) No person shall within one-half mile of any village, town or city accumulate inflammable debris or permit any such accumulation to remain on any property owned by him or under his control. R.S.O. 1937, c. 325, s. 22 (5).
Duty of
municipal
corporation.
EXTINGUISHMENT OF FIRES.
17. The corporation of any municipality within a fire dis- 138
trict shall do all necessary things to extinguish grass, brush or forest fires in the municipality, and the costs and expenses thereof shall be borne by the municipal corporation, provided that if the action taken by the municipal corporation in fighting any such fires is in the opinion of an officer not ade- quate, the officer may do what in his opinion is necessary to control and extinguish such fires, and any costs and expenses incurred by the Department in controlling or extinguishing such fires shall be a debt due by the municipal corporation to the Department and upon presentation of an account of such costs and expenses certified by the Minister, the treasurer of the municipality shall pay the same. R.S.O. 1937, c. 325, s. 15, amended.
18. — (1) Upon satisfactory proof being furnished by thecontribu- municipality that any fire has started on Crown land within p'aAment.^' the municipality, half of the total cost of extinguishing such fire shall be borne by the Department. R.S.O. 1937, c. 325, s. 16 (1), amended.
(2) Where any such fire is confined entirely to Crown lands Fires on other than the lands of an owner as defined by subsection 1 of section 14, the total cost of extinguishing such fire shall be borne by the Department. 1946, c. 32, s. 13.
19. — (1) For the purpose of controlling and extinguishing Right to any fire, an officer may employ or summon the assistance of Instance, any male person between the ages of eighteen and sixty years, excepting only trainmen, boat crews, local telephone opera- tors, telegraphers and despatchers on duty, doctors and per- sons physically unfit. R.S.O. 1937, c. 325, s. 17 (4); 1946, c. 32, s. 14, amended.
(2) Every person who refuses or neglects to render assis- Penalty for tance when required under this section shall be guilty of ail^su^ ^° offence against this Act. R.S.O. 1937, c. 325, s. 17 (5), amended.
20. — (1) Every owner, within the meaning of subsection 1 menfof*^^' of section 14, of land upon which there is a fire other than, — fires.
(a) a fire set out for cooking or obtaining warmth and
kept under control; or
(b) a fire set out under the authority of this Act and
kept under control,
shall use all reasonable efforts to extinguish it and in any prosecution or action the onus shall be upon him to prove that he used all such reasonable efforts.
138
10
Expenses incurred in extinguish- ing fires.
(2) In addition to the other penalties provided by this Act, every owner who violates the provisions of subsection 1 shall be liable for all expenses incurred by the Department in attempting to extinguish such fire upon the land of which he is the owner or upon any land to which it spreads, and the amount thereof shall be recoverable with costs as' a debt due by action in any court of competent jurisdiction at the suit of the Minister. 1946, c. 32, s. 16.
OFFENCES.
OfTences.
21. — (1) During the close season in any year no person, company or corporation in a fire district shall, —
Using
engines
without
prescribed
safeguards.
(a) use or operate within a quarter of a mile of any • forest, slashing or bushland any engine which is not provided with a practical and efficient device for arresting sparks, together with an adequate device for preventing the escape of fire or live coals from all ash pans and fire boxes, and which does not comply in every respect with the regulations;
Destroying waste, etc., without sparlc arresters.
(b) destroy any wood or waste material by fire within any burner or destructor operated at or near any mill or manufactory, or operate any power-producing plant using in connection therewith any smoke- stack, chimney or other spark-emitting outlet, with- out installing and maintaining on such burner or destructor or on such smoke-stack, chimne\- or spark-emitting outlet a safe and suitable device for arresting sparks complying in all respects with the regulations. R.S.O. 1937, c. 325, s. 12 (1); 1946, c. 32, s. 9 (1), amended.
Dropping fire or live coal.
(2) No railway company operating within the fire district shall permit fire, live coals or ashes to be deposited on its tracks or right-of-way unless they are extinguished immedi- ately thereafter, except in pits provided for the purpose. R.S.O. 1937, c. 325, s. 12 (2).
Injunction. (3) Notwithstanding the penal provisions of. this Act, any court of competent jurisdiction may upon the application of the Minister grant an injunction against the use of any loco- motive, engine, burner or destructor until it has been equipped with safety appliances to the satisfaction of the Minister. R.S.O. 1937, c. 325, s. 12 (3); 1946, c. 32, s. 9 (2), amended.
Duty of engineer.
22. Every engineer in charge of any engine which is not subject to the jurisdiction of the Board of Transport Commis- sioners for Canada shall see that all safety appliances required by this Act or by the regulations are properly used and ap-
138
11
plied, and in default he shall be guilty of an offence against this Act. R.S.O. 1937, c. 325, s. 13; 1946, c. 32, s. 10, amended.
23. No person shall, — Particular
offences.
(a) throw or drop any burning match, ashes from a pipe, lighted cigarette, cigar or other burning substance in a fire district without extinguishing it;
{h) discharge a firearm in a fire district without ensuring that the wadding from the firearm is extinguished ;
(c) without lawful authority, destroy, deface or remove any notice posted under this Act or the regulations; or
{d) without lawful authority, destroy, damage or remove any equipment placed in the forest for the purpose of protecting the forests from fire. R.S.O. 1937, c. 325, ss. 18, 20, amended.
24. Every officer shall have the right while in the per- Right of formance of his duties to enter into and upon any lands andenterVif premises other than a private dwelling, store, storehouse, p'"®"^^^®^- office or farm building, and every person who hinders, ob- structs and impedes any such officer in the performance of
his duty shall be guilty of an offence against this Act. R.S.O. 1937, c. 325, s. 19; 1946, c. 32, s. 15, amended.
25. Every person using or travelling in the forest shall, J'^fo^^f^tio'^ upon request, give an officer or other authorized officer of the to officer by Crown, information as to his name, address, routes to be followed, location of camps and any other information per- taining to the protection of the forest from fire, and any
person who refuses to give such information shall be guilty of an offence against this Act. R.S.O. 1937, c. 325, s. 26; 1946, c. 32, s. 21, amended.
PENALTIES.
26. — (1) Every person who disobeys or refuses or neglects Penalties, to carry out any of the provisions of this Act or any regula- tion or order made thereunder shall be guilty of an offence and shall be liable to a fine of not less than S25 and not more than S300, and in default of payment may be imprisoned for a period not exceeding ninety days, or to imprisonment for a period not exceeding ninety days, or to both fine and im- prisonment, and such person shall be liable to the Depart- ment for any expenses incurred by it in endeavouring to con- trol or extinguish any fire caused by or resulting from such
138
12
disobedience, refusal or neglect. R.S.O. 1937, c. 325, s. 29; 1946, c. 32, s. 22, part, amended.
Expenses.— (2) The amount of any expenses for which any person is liable to the Department under subsection 1 shall be recover- able with costs as a debt due by action in any court of competent jurisdiction at the suit of the Minister, provided that where the amount claimed does not exceed $300 and
0^^*136^*^*" proceedings are taken under The Summary Convictions Act in respect of the disobedience, refusal or neglect, the magistrate, upon making a conviction, may order payment of such amount to the Minister and every such order may be en- forced in the same manner as a division court judgment, 1946, c. 32, s. 22, part.
penalties. 27. The penalties imposed by or under the authority of
Rev. Stat., this Act shall be recoverable under The Summary Convictions ""■ ^2^- Act. R.S.O. 1937, c. 325, s. 31, amended.
REGULATIONS.
Regulations, 28. The Lieutenant-Governor in Council may make regu- lations,—
(a) extending or restricting the close season for any fire district or any part of a fire district in any year to such date as may be deemed necessary;
(6) prescribing forms for use under the Act and the regulations;
(c) respecting the granting of permits and prescribing the terms and conditions thereof;
{d) prescribing the precautions to be taken in the use of fire under a permit, and the appliances, impli- ments and apparatus to be kept at hand by the holders of permits;
{e) prescribing the circumstances and conditions under which fire may be set out or used without a permit, and under which fire may be used out of doors for cooking or obtaining warmth ;
(J) providing for the making of fire guards and the tak- ing of other precautionary measures when the Minister deems danger from fire to any town or settlement specially imminent;
(g) regulating or preventing the piling or accumulation 138
13
of brushwood, debris and other inflammable mat- terial ;
(/;) prescribing the use of fire protective appliances on engines, and the precautions to be taken for pre- venting forest fires being caused by the use and operation of engines;
(i) prescribing the manner in which land may be sold under subsection 8 of section 14;
(j) providing for the collection of the cost of any work done by an officer or b^^ a municipal corporation under the authority of this Act in cases not provided for under this Act;
(k) generally for the better carrying out of forest fire prevention and the provisions of this Act. R.S.O. 1937, c. 325, s. 10; 1946, c. 32, s. 7, amended.
GENERAL.
29. The Forest Fires Prevention Act, The Forest Fires ^'''^-^^^^^^^^-^q vention Amendment Act, 1946, and section 9 of The Statute c'. 32. '1947,' Law Amendment Act, 1947, are repealed. repealed*.
30. This Act may be cited as The Forest Fires Prevention sJ^or* ""e. Act, 1948.
138
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No. 139
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Securities Act, 1947.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. These amendments are complementaryxto Bill No. 143 {An Act respecting Investment Contracts).
139
No. 139 194g
BILL
An Act to amend The Securities Act, 1947.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Clause/ of section 1 of The Securities Act, 1947,1947, c. 98. is amended by inserting after the word "company" in thelmenied, eighth line the words "other than an issuer within the meaning of The Investment Contracts Act, 1948' \ so that the said clause shall now read as follows:
(/) "investment company" shall mean a company, other "investment than a company recognized by the Commission as a "^""^p^^^ '• mining company or an industrial company, whose principal business is the acquisition of or the invest- ment in the securities of other companies whether for the purpose of acquiring control or management of such companies or for the purpose of deriving revenue from such securities and shall include a company, other than an issuer within the meaning of The Investment Contracts Act, 1948, which issues i948, c. oo. investment certificates, investment contracts, savings certificates, savings contracts or securities of a like nature.
(2) Subclause xii of clause g of the said section 1 is amended 1947. c. 98, by adding at the end thereof the words "or an issuer within siibcL xu. the meaning of The Investment Contracts Act, 1948", so^'^^''^^'^' that the said subclause shall now read as follows :
(xii) any income or annuity contract not issued by an insurance company or an issuer within the meaning of The Investment Contracts Act, 1948.
(3) Subclause xv of clause q of the said section 1 is amended 1947 ,,. 98i by inserting after the word "contract" the words "other than ^^ ^^ °i^ «• an investment contract within the meaning of The Investment ^^^^'^e'^'- Contracts Act, 1948,'' so that the said subclause shall now
read as follows:
139
(xv) any investment contract other than an investment contract within the meaning of The Investment Con- tracts Act, 1948, or
Further In- formation.
1947. c. 98, 2. Section 12 of The Securities Act, 1947, is amended by amended. inserting after the word "person" in the seventh line the words "or any partner, officer, director or employee of such registered person", so that the said section shall now read as follows:
12. The registrar may and shall when so directed by the Commission require any further information or material to be submitted by any applicant or any registered person or company within a specified time limit and may require verification by affidavit or otherwise of any information or material then or previously submitted or may require such applicant or such registered person or any partner, officer, director or employee of such registered person or company to submit to examination under oath.
3. Clause c of section 18 of The Securities Act, 1947, is amended by inserting after the word "any" in the second line the word "partner", and by adding at the end thereof the words "other than compensation paid or given by a mining, industrial or investment company in respect of any services performed for such company", so that the said clause shall now read as follows:
1947, c. 98. 8. 18, ol. c. amended.
"Persons or companies registered for trading in securi- ties, etc.
(c) any person or company registered for trading in securities under this Act, or any partner, officer or employee thereof, whose performance of such services is solely incidental to the conduct of the business as such, and who receives no special compensation therefor other than compensation paid or given by a mining, industrial or investment company in respect of any services performed for such company.
1947, c. 98, 4:. — (1) Clause g of subsection 1 of section 19 of The
%}^gl^^^^'^' Securities Act, 1947, is amended by inserting after the article
amended. "a" where it occurs the third time in the first line the words
"person or", so that the said clause shall now read as follows:
Person or
company
selling
securities
through
agent.
(g) a trade in a security by a person or company acting solely through an agent who is a person or company registered for trading in securities under this Act; or
1947, c. 98. (2) Clause a of subsection 2 of the said section 19 is amended ci.^a," ^"^^' ^' t>y striking out the words "except for ministerial or profes- sional services" in the twelfth and thirteenth lines, by inserting after the word "given" in the thirteenth line the words "to others", and by adding at the end thereof the words "except
amended.
139
Section 2. This amendment will enable the registrar of the Com- mission to require any partner, officer, director or employee of a registered person or company to submit to examination under oath.
Section 3. Section 18 provides for certain exemptions from regis- tration as an investment counsel.
This amendment will enable any person or company registered for trading in securities under the Act, or any partner, officer or employee thereof, to receive compensation from a mining, industrial or investment company for advice given relating to purchasing or selling securities without being registered as an investment counsel.
Section 4 — Subsection 1. Subsection 1 of section 19 provides for various exemptions from registration in respect of certain types of trades in securities.
This amendment is self-explanatory.
Subsection 2. Subsection 2 of section 19 provides for various exemp- tions from registration in respect of certain securities. Clause a thereof covers securities of a company's own issue which are distributed or issued by the company to the holders of its securities as a stock dividend, distribu- tion of earnings or surplus, or as incidental to a bona fide reorganization or winding-up. It also covers additional securities of a company's own issue which are sold by the company to the holders of its securities. However, no commission or other remuneration, except for ministerial or professional services, is allowed to be paid or given in connection with the aforemen- tioned distribution, issuance or sale.
This amendment will further enable a company, without the necessity of registration, to distribute securities of its own issue to the holders of its securities as incidental to a bona fide re-organization of the company where compensation in connection with such re-organization has been paid or given to a person or company registered for trading in securities.
139
Section 5 — Subsection 1. Part VII of the Act, consisting only of section 42, provides for the filing of prospecting syndicate agreements with the Commission and accordingly its heading is — Prospecting Syndicates.
The heading as re-enacted indicates that provisions relating to securities issued by a person are being added to Part VII.
Subsection 2. It is considered desirable that persons or companies registered for trading in securities be prohibited from acting as principal or as agent for unincorporated prospecting syndicates in the sale to the public of securities issued by such syndicates.
In addition, there are no provisions in the Act relating to the require- ments for trading in securities issued by a person, other than a prospecting syndicate, by a registered person or company. These are unusual cases.
This amendment covers such cases and of necessity gives the Commis- sion wide powers of discretion in dealing with them.
139
for ministerial or professional services or services performed by a person or company registered for trading in securities under this Act in connection with a bona fide re-organization of the company", so that the said clause shall now read as follows:
(a) securities of its own issue which are distributed or stock
issued by a company to the holders of its securities distribution as a stock dividend or other distribution out of etc^'*'""'"^^' earnings or surplus, or securities whether of its own issue or not which are distributed or issued by such company to the holders of its securities as incidental to a bona fide re-organization or winding-up of the company or distribution of its assets for the purpose of winding-up its affairs, or the sale by a company to the holders of its securities of additional securities of its own issue, provided that no commission or other remuneration is paid or given to others in respect of such distribution, issuance or sale, except for ministerial or professional services or services performed by a person or company registered for trading in securities under this Act in connection with a bona fide re-organization of the company.
5. — (1) The heading immediately preceding section 42 ofi947.c. 98. The Securities Act, 1947, is repealed and the following sub- heading, stituted therefor:
PROSPECTING SYNDICATES AND SECURITIES ISSUED BY A PERSON.
(2) Section 42 of The Securities Act, 1947, is amended byi947. c. 98. adding thereto the following subsections: amended.
(5) No person or company registered for trading in ProMbition securities under this Act shall trade in a security in securities issued by a prospecting syndicate either as agent for syndicate, such, prospecting syndicate or as principal.
(6) No person or company registered for trading in J/^^u^ritS^° securities under this Act shall trade in a security j^ssued^ by issued by a person, other than a prospecting syndi- cate, either as agent for such person or as principal unless, —
(a) written permission, upon such terms as the Commission may require, has been obtained from the Commission; and
(&) information satisfactory to the Commission relating to such person and such security has been accepted for filing by the Commission.
139
1947. c. 98. Q Section 43 of The Securities Act, 1947, is amended by amended. adding thereto the following subsections:
New
prospectus, report and statements required within a period of one year of date of original filing with Commission.
(11) Where the securities of a company are in the course of primary distribution to the public and a statement, balance sheet and profit and loss state- ment and summary of report, where required under the provisions of The Securities Act, J 945, relating to such securities and such company have been filed with the Commission within a period of one year prior to the 9th day of March, 1948, the material required to be filed with the Commission under the provisions of subsection 10 shall be filed with the Commission within a period of one year of the date of the original filing with the Commission subject to the granting of a further period of not more than ninety days in the discretion of the registrar.
New
prospectus, report and statements required within a
geriod of one undred and twenty days of proc- lamation of the Act.
1947, c. 98, s. 44, amended.
New
prospectus, report and statements required within a period of one year of date of original filing with Commission.
New
prospectus, report and statements required within a period of one hundred and twenty days of proc- lamation of the Act.
(12) Where the securities of a company are in the course of primary distribution to the public and no complete statement of particulars relating to such securities and such company has been filed with the Commission within a period of one year prior to the 9th day of March, 1948, the material required to be filed with the Commission under the provisions of subsection 10 shall be filed with the Commission within a period of one hundred and twenty days- from the 9th day of March, 1948.
7. Section 44 of The Securities Act, 1947, is amended by adding thereto the following subsections:
(11) Where the securities of a company are in the course of primary distribution to the public and a statement, balance sheet and profit and loss statement and summary of report, where required under the pro- visions of The Securities Act, 1945, relating to such securities and such company have been filed with the Commission within a period of one year prior to the 9th day of March, 1948, the material required to be filed with the Commission under the provisions of subsection 10 shall be filed with the Commission within a period of one year of the date of the original filing with the Commission subject to the granting of a further period of not more than ninety days in the discretion of the registrar,
(12) Where the securities of a company are in the course of primary distribution to the public and no com- plete statement of particulars relating to such securities and such company has been filed with the
139
Sections 6, 7 and 8. Subsection 11 of Sections 43 and 44 and sub- section 10 of Section 45 bring filings made under the 1945 Act, where the securities concerned are still in course of primary distribution to the public, within the requirements of the 1947 Act. These latter requirements give more information to prospective purchasers of such securities.
Sections 6, 7 and 8. Subsection 12 of Sections 43 and 44 and subsec- tion 11 of Section 45 bring filings made under the 1945 Act, where the securities concerned are still in course of primary distribution to the public, within the requirements of the 1947 Act. These latter requirements give more information to prospective purchasers of such securities.
139
5 .
Commission within a period of one year prior to the 9th day of March, 1948, the material required to be filed with the Commission under the provisions of subsection 10 shall be filed with the Commission within a period of one hundred and twenty days from the 9th day of March, 1948.
8. — (1) Clause e of subsection 5 of section 45 of r^ei947, c. 98, Securities Act, 1947, is amended by inserting after the wordci. «.' ^" "company" in the first line the words "other than an issuer ^"'®"'^®^' within the meaning of The Investment Contracts Act, 1948' \ so that the said clause shall now read as follows:
{e) in the case of an investment company, other than an issuer within the meaning of The Investment Con- tracts Act, 1948, which issues investment certificates, investment contracts, savings certificates, savings contracts or securities of a similar type, a report by the auditors of such company with respect to the adequacy of the recorded liabilities of such com- pany to the holders of such securities.
(2) The said section 45 is further amended by adding thereto ^^l^- ^- ^^•
the following subsections: amended.
(10) Where the securities of a company are in the course New
DrosDGctiis
of primary distribution to the public and a statement, report and' balance sheet and profit and loss statement and required summary of report, where required under the pro- period of visions of The Securities Act, 1945, relating to such^p^ltTof securities and such company have been filed with the Ailnl'^with Commission within a period of one year prior to the commission. 9th day of March, 1948, the material required to be filed with the Commission under the provisions of subsection 9 shall be filed with the Commission within a period of one year of the date of the original filing with the Commission subject to the granting of a further period of not more than ninety days in the discretion of the registrar.
(11) Where the securities of a company are in the course ^j.®^pg^j.yg^ of primary distribution to the public and no com- report and ' plete statement of particulars relating to such required securities and such company has been filed with the period of Commission within a period of one year prior to the and twenty the 9th day of March, 1948, the material required to f^^^lt*?^ p''^^" be filed with the Commission under the provisions of °f *^® ■^°*- subsection 9 shall be filed with the Commission within
a period of one hundred and twenty days from the 9th day of March, 1948.
139
1947. 0. 98, B. 46, amended.
9. — (1) Section 46 of The Securities Act, 1947, is amended by striking out the words "the sale of any securities" in the first and second lines and inserting in lieu thereof the words, letters and figures "trades mentioned in clause c or y of sub- section 1 of section 19 nor to securities", so that the said section, exclusive of the clauses, shall now read as follows:
Exemptions. 46. Sections 43, 44 and 45 shall not apply to trades
mentioned in clause c ov j of subsection 1 of section 19 nor to securities, —
1947, c. 98, 8. 46, amended.
(2) The said section 46 is further amended by striking out the word "or" at the end of clause c, by adding the word "or" at the end of clause d, and by adding thereto the following clause :
(g) which are exempted by the regulations.
1947. c. 98.^ 10. Subsection 1 of section 58 of The Securities Act, 1947, amended. ' is amended by inserting after the word "security" in the second line the words "other than a security which carries a right of redemption or repurchase by the person or company issuing such security", and by inserting after the word "any" in the sixth line the word "such", so that the said subsection shall now read as follows:
Prohibition of repre- sentations.
1947, c. 98, s. 59, re-enacted.
Notice where acting as principal.
(1) No person or company, with the intention of effecting a trade in a security other than a security which carries a right of redemption or repurchase by the person or company issuing such security, shall make any representation, written or oral, that he or it or any person or company, —
(a) will resell or repurchase; or
(b) will refund all or any of the purchase price of,
any such security in which he or it is trading.
11. Section 59 of The Securities Act, 1947, is repealed and the following substituted therefor:
59. — (1) Where a person or company registered for trading in securities under this Act, with the inten- tion of effecting a trade in a security with any person other than a person registered for trading in securities under this Act, issues, publishes or sends a circular, pamphlet, letter, telegram or advertisement, and proposes to act in such trade as a principal, such
139
Section 9 — Subsection 1. Section 46 provides for certain exemptions from filing prospectuses, financial statements and reports with the Com- mission where securities issued by a company will be in the course of primary distribution to the public.
This amendment extends the exemptions to include trading in such securities done by banks, loan corporations, trust companies, insurance companies and public officers acting for governmental bodies and also trading in such securities between a person or company and an underwriter or optionee or between underwriters and optionees.
Subsection 2. This clause will allow the Lieutenant-Governor in Council to extend by regulation the exemptions provided in section 46 if such extension is deemed necessary.
Section 10. This amendment recognizes the fact that a prohibition of representations relating to the resale or repurchase of a security or to the refund of all or any of the purchase price of a security, should not include a security which carries a right of redemption or repurchase by the person or company issuing such security.
Section 1 1 . Section 59 provides that notice in writing shall be given to every person by a person or company registered for trading in securities before a contract is entered into with such person where written material is sent out or a verbal offer is made relating to a security and the registered person or company is acting as principal.
As re-enacted, section 59 does not require such notice to be given to a person registered for trading in securities nor in respect of trades and securities which come within the provisions of section 19. It also permits a registered person or company to state that he or it is acting as principal in the written confirmation where a trade in a security has been effected as a result of an oral offer.
139
Section 12. Section 60 provides that a contract entered into under the provisions of section 59 may be rescinded by a person where section 59 has not been complied with provided that written notice of exercising the right of rescission is served within sixty days of the date of the delivery of the security to or by such person and, in the case of a purchase, he is still the owner of the security purchased.
As re-enacted, section 60 shortens the period of time within which notice of rescission must be served on the registered person or company where a contract has been entered into as a result of an oral offer. The period of time now becomes seven days from the date of the delivery of the written confirmation where the confirmation does not contain a statement that the registered person or company has acted as principal. Otherwise section 60 remains the same.
139
person or company shall so state in such circular, pamphlet, letter, telegram or advertisement or other- wise in writing before entering into a contract for the sale or purchase of any such security and before accepting payment or receiving any security or other consideration under or in anticipation of any such contract.
(2) Where a person or company registered for trading in written con- securities under this Act, with the intention of ^'''"**'°'^- effecting a trade in a security with any person other
than a person registered for trading in securities under this Act, makes an oral offer or invitation for an offer to any person and effects such trade as a principal, such person or company shall state in a written confirmation of the contract that he or it has acted as principal.
(3) A statement made in compliance with this section where acting that a person or company registered for trading in ^^ agent, securities under this Act proposes to act or has
acted as principal in connection with a trade in a security shall not prevent such person or company from acting as agent in connection with a trade in such security.
(4) This section shall not apply to, — When sec-
tion not applicable.
(a) trades mentioned in subsection 1 of section 19; or
(b) securities described in subsection 2 of sec-
tion 19.
12. Section 60 of The Securities Act, 1947, is repealed and 1947, c. 98. the following substituted therefor: re-enacted.
60. — (1) A person who has entered into a contract to Rescission which subsection 1 of section 59 applies shall be °*" °°°*'"^'^*- entitled to rescission of the contract where sub- section 1 of section 59 has not been complied with and written notice of exercising the right of rescis- sion is served on the person or company registered for trading in securities under this Act within sixty days of the date of the delivery of the security to or by such person, as the case may be, and in the case of a purchase by such person, he is still the owner of the security purchased.
(2) A person who has entered into a contract to which idem, subsection 2 of section 59 applies shall be entitled
139
8
to rescission of the contract where subsection 2 of section 59 has not been complied with and written notice of exercising the right of rescission is served on the person or company registered for trading in securities under this Act within seven days of the date of the deHvery of the written confirmation of the contract and in the case of a purchase by such person, he is still the owner of the security purchased.
Onus.
(3) In an action for rescission to which this section applies, the onus of proving compliance with section 59 shall be upon the person or company registered for trading in securities under this Act.
Period of limitation.
(4) No action shall be commenced under this section after the expiration of a period of three months from the date of the service of notice under subsection 1 or 2.
1947. c 8. 63, amended.
98,
13. Section 63 of The Securities Act, 1947, is amended by inserting after the word "of" in the fifth line the words "or is authorized so to do in writing by", so that the said section shall now read as follows:
Use of name of another registered person or company.
63. No person or company registered under this Act shall use the name of another person or company registered under this Act on letterheads, forms, advertisements or signs, as correspondent or otherwise, unless he or it is a partner, officer or agent of or is authorized so to do in writing by the other person or company registered under this Act.
1947. c. 98. 14 Section 75 of The Securities Act, 1947, is amended by amended. adding thereto the following clause:
{mm) prescribing trades or securities, in addition to the trades and securities mentioned in section 46, in respect of which sections 43, 44 and 45 shall not apply.
Special type of bond.
15. — (1) With the consent in writing and under seal of all parties to a bond filed under section 12 of The Securities Act, 1945, the Commission may accept such bond in lieu of the bond required under section 10 of The Securities Act, 1947, and the provisions of The Securities Act, 1947, shall apply mutatis mutandis to such bond.
Saving.
(2) Subsection 1 shall not affect any rights and obligations arising out of the filing of the bond under The Securities Act, 1945.
139
Section 13. This amendment will enable a registered person or company to authorize another registered person or company to use his or its narne on letterheads, forms, advertisements or signs. This authori- zation is particularly desirable in the case of a sub-broker-dealer who must be a correspondent of investment dealers or broker-dealers or both.
Section 14. Complementary to subsection 2 of section 5.
Section 15. This special type of bond enables a registrant under The Securities Act, 1945, to obtain registration where he cannot provide the collateral required under subsection 3 of section 10 of The Securities Act, 1947, by reason that the collateral provided by him under section 12 of The Securities Act, 1945, will not be available for the two years during which the bond under section 12 of that Act continues in force.
139
16. This Act shall come into force on the day upon which ^ent"of"Act it receives the Royal Assent.
17. This Act may be cited as The Securities ^wendwen/^|*°'^ "*^®- Act, 1948.
139
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No. 139
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Securities Act, 1947.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 139 1948
BILL
An Act to amend The Securities Act, 1947.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :
1. — (1) Clause/ of section 1 of The Securities Act, 1947,1947, c. 98, is amended by inserting after the word "company" in the Imerfied. eighth line the words "other than an issuer within the meaning of The Investment Contracts Act, 1948", so that the said clause shall now read as follows:
(/) "investment company" shall mean a company, other "investment than a company recognized by the Commission as q,^°^^^^^ • mining company or an industrial company, whose principal business is the acquisition of or the invest- ment in the securities of other companies whether for the purpose of acquiring control or management of such companies or for the purpose of deriving revenue from such securities and shall include a company, other than an issuer within the meaning of The Investment Contracts Act, 1948, which issues i948. o. oo. investment certificates, investment contracts, savings certificates, savings contracts or securities of a like nature.
(2) Subclause xii of clause q of the said section 1 is amended 1947, c. 98. by adding at the end thereof the words "or an issuer within siibci. xii'. the meaning of The Investment Contracts Act, 1948", qo^"'^''^^^- that the said subclause shall now read as follows:
(xii) any income or annuity contract not issued by an insurance company or an issuer within the meaning of The Investment Contracts Act, 1948.
(3) Subclause xv of clause q of the said section 1 is amended 1947 <,. 98, by inserting after the word "contract" the words "other than |yij,j°^^ «; an investment contract within the meaning of The Investment ^^e^^^'^- Contracts Act, 1948," so that the said subclause shall now
read as follows:
139
(xv) anj- investment contract other than an investment contract within the meaning of The Investment Con- tracts Act, 1948, or
1947. c. 98,
B. 12,
amended.
Further in- formation.
1947. c. 98, 8. 18. cl. c, amended.
2. Section 12 of The Securities Act, 1947, is amended by inserting after the word "person" in the seventh Hne the words "or any partner, officer, director or employee of such registered person", so that the said section shall now read as follows:
12. The registrar may and shall when so directed by the Commission require any further information or material to be submitted by any applicant or any registered person or company within a specified time limit and may require verification by affidavit or otherwise of any information or material then or previously submitted or may require such applicant or such registered person or any partner, officer, director or employee of such registered person or company to submit to examination under oath.
3. Clause c of section 18 of The Securities Act, 1947, is amended by inserting after the word "any" in the second line the word "partner", and by adding at the end thereof the words "other than compensation paid or given by a mining, industrial or investment company in respect of any services performed for such compan\", so that the said clause shall now read as follows:
Persons or. companies registered for trading in securi- ties, etc.
(c) any person or company- registered for trading in securities under this Act, qr any partner, officer or employee thereof, whose performance of such services is solely incidental to the conduct of the business as such, and who receives no special compensation therefor other than compensation paid or given by a mining, industrial or investment compan\- in respect of any services performed for such company.
1947,0.98, 4. — (1) Clause g of subsection 1 of section 19 of The
%}^l^^^^'^' Securities Act, 1947, is amended by inserting after the article
amended. "j^'' where it occurs the third time in the first line the words
"person or", so that the said clause shall now read as follows:
Person or
company
selling
securities
through
agent.
{g) a trade in a security" in a person or company acting solely through an agent w^ho is a person or company registered for trading in securities under this Act; or
1947, c. 98, (2) Clause a of subsection 2 of the said section 19 is amended s.^19, subs. 2.|jy striking out the words "except for ministerial or profes- sional services" in the twelfth and thirteenth lines, by inserting after the word "given" in the thirteenth line the words "to others", and by adding at the end thereof the words "except
amended.
139
for ministerial or professional services or services perforniefi by a person or company registered for trading in securities under this Act in connection with a bona fide re-organization of the company", so that the said clause shall now read as follows :
{a) securities of its own issue which are distributed or stock
issued by a company to the holders of its securities distritmtfon as a stock dividend or other distribution out of etc^'"""'"^^' earnings or surplus, or securities whether of its own issue or not which are distributed or issued by such company to the holders of its securities as incidental to a bona fide re-organization or winding-up of the company or distribution of its assets for the .purpose of winding-up its affairs, or the sale by a company to the holders of its securities of additional securities of its own issue, provided that no commission or other remuneration is paid or given to others in respect of such distribution, issuance or sale, except for ministerial or professional services or services performed by a person or company registered for trading in securities under this Act in connection with a bona fide re-organization of the compan>-.
5. — (1) The heading immediately preceding section 42 ofi947. c. 98, The Securities Act, 1947, is repealed and the following sub- heading.
StitUted therefor: ' re-enacted.
PROSPECTING SYNDICATES AND SECURITIES ISSUED BY A PERSON.
(2) Section 42 of The Securities Act, 1947, is amended by 1947, c. 98. adding thereto the following subsections: amended.
(5) No person or company registered for trading in Prohibition securities under this Act shall trade in a security in securities issued by a prospecting syndicate either as agent forg'jfndfcjfte. such prospecting syndicate or as principal.
(6) No person or company registered for trading inj,^curit^i° securities under this Act shall trade in a security issued by issued by a person, other than a prospecting syndi- cate, either as agent for such person or as principal unless, —
(a) written permission, upon such terms as the Commission may require, has been obtained from the Commission; and
{b) information satisfactory to the Commission relating to such person and such security has been accepted for filing by the Commission.
139.
person.
B?tl' °' ^^' ^- Section 43 of The Securities Act, 1947, is amended by amended. adding thereto the following subsections:
New
prospectus, report and statements required within a period of one year of date of original filing with Commission.
(11) Where the securities of a company ace in the course of primary distribution to the public and a statement, balance sheet and profit and loss state- ment and summary of report, where required under the provisions of The Securities Act, 1945, relating to such securities and such company have been filed with the Commission within a period of one year prior to the 9th day of March, 1948, the material required to be filed with the Commission under the provisions of subsection 10 shall be filed with the Commission within a period of one year of the date of the original filing with the Commission subject to the granting of a further period of not more than ninety days in the discretion of the registrar.
New
prospectus, report and statements required within a period of one hundred and twenty days of proc- lamation of the Act.
(12) Where the securities of a company are in the course of primary distribution to the public and no complete statement of particulars relating to such securities and such company has been filed with the Commission within a period of one year prior to the 9th day of March, 1948, the material required to be filed with the Commission under the provisions of subsection 10 shall be filed with the Commission within a period of one hundred and twenty days from the 9th day of • March, 1948.
1947,0.98. y Section 44 of The Securities Act, 1947, is amended by amended. adding thereto the following subsections:
New
prospectus, report and statements required within a period of one year of date of original filing with Commission.
New
prospectus, report and statements required within a period of one hundred and twenty days of proc- lamation of the Act.
(11) Where the securities of a company are in the course of primary distribution to the public and a statement, balance sheet and profit and loss statement and summary of report, where required under the pro- visions of The Securities Act, 1945, relating to such securities and such company have been filed with the Commission within a period of one year prior to the 9th day of March, 1948, the material required to be filed with the Commission under the provisions of subsection 10 shall be filed with the Commission within a period of one year of the date of the original filing with the Commission subject to the granting of a further period of not more than ninety days in the discretion of the registrar.
(12) Where the securities of a company are in the course of primary distribution to the public and no com- plete statement of particulars relating to such securities and such company has been filed with the
139
Commission within a period of one year prior to the 9th day of March, 1948, the material required to be filed with the Commission under the provisions of subsection 10 shall be filed with the Commission within a period of one hundred and twenty days from the 9th day of March, 1948.
8. — (1) Clause e of subsection 5 of section 45 of r/?ei947, c. 98, Securities Act, 1947, is amended by inserting after the word ci. «,' ' ' "company" in the first line the words "other than an issuer^'"®"'*®**' within the meaning of The Investment Contracts Act, 1948" , so that the said clause shall now read as follows:
(e) in the case of an investment company, other than an issuer within the meaning of The Investment Con- tracts Act, 1948, which issues investment certificates, investment contracts, savings certificates, savings contracts or securities of a similar type, a report by the auditors of such company with respect to the adequacy of the recorded liabilities of such com- pany to the holders of such securities.
(2) The said section 45 is further amended by adding thereto i947, c. 98,
the following subsections: amended.
(10) Where the securities of a company are in the course New
of primary distribution to the public and a statement, Report and' balance sheet and profit and loss statement and requlred'^*^ summary of report, where required under the pro- '^^^^^ of visions of The Securities Act, 1945, relating to such one year securities and such company have been hied with the original Commission within a period of one year prior to the commission. 9th day of March, 1948, the material required to be filed with the Commission under the provisions of subsection 9 shall be filed with the Commission within a period of one year of the date of the original filing with the Commission subject to the granting of a further period of not more than ninety days in the discretion of the registrar.
(11) Where the securities of a company are in the course New
of primary distribution to the public and no com- report and ' plete statement of particulars relating to such reqlfired"*^ securities and such company has been filed with the perk)'d of Commission within a period of one year prior to the ^^^ hundred the 9th day of March, 1948, the material required to days of proc-
, ^ , . , , ^-, . . 1 1 • • e lamation
be filed with the Commission under the provisions oi of the Act. subsection 9 shall be filed with the Commission within a period of one hundred and twenty days from the 9th day of March, 1948.
139
1047. c. 98, B. 46, amended.
Exemptions.
9. — (1) Section 46 of The Securities Act, 1947, is amended by striking out the words "the sale of any securities" in the first and second Hnes and inserting in lieu thereof the words, letters and figures "trades mentioned in clause c or ^ of sub- section 1 of section 19 nor to securities", so that the said section, exclusive of the clauses, shall now read as follows:
46. Sections 43, 44 and 45 shall not apply to trades mentioned in clause c or^ of subsection 1 of section 19 nor to securities, —
1947, c. 98, s. 46, amended.
(2) The said section 46 is further amended by striking out the word "or" at the end of clause c, by adding the word "or" at the end of clause d, and by adding thereto the following clause:
(e) which are exempted by the regulations. 1947, c. 98, 10. Subsection 1 of section 58 of The Securities Act, 1947,
8. 58, subs. 1, . , , , . • c 1 li • >» • 1 J
amended. is amended by insertmg aftet the word security in the second line the words "other than a security which carries a right of redemption or repurchase by the person or company issuing such security", and by inserting after the word "any" in the sixth line the word "such", so.that the said subsection shall now read as follows:
Prohibition of repre- sentations.
1947, c. 98, s. 59, re-enacted.
(1) No person or company, with the intention of effecting a trade in a security other than a security which carries a right of redemption or repurchase by the person or company issuing such security, shall make any representation, written or oral, that he or it or any person or company, —
(a-) will resell or repurchase; or
(b) will refund all or any of the purchase price of,
any such security in which he or it is trading.
11. Section 59 of The Securities Act, 1947, is repealed and the following substituted therefor:
Notice where acting as principal.
59. — (1) Where a person or company registered for trading in securities under this Act, with the inten- tion of effecting a trade in a security with any person other than a person registered for trading in securities under this Act, issues, publishes or sends a circular, pamphlet, letter, telegram or advertisement, and proposes to act in such trade as a principal, such
139
p
person or company shall so state in such circular, pamphlet, letter, telegram or advertisement or other- wise in writing before entering into a contract for the sale or purchase of any such security and before accepting payment or receiving any security or other consideration under or in anticipation of any such contract.
(2) Where a person or company registered for trading in written con-
securities under this Act, with the intention of^^^'^^iion. effecting a trade in a security with any person other than a person registered for trading in securities under this Act, makes an oral offer or invitation for an offer to any person and effects such trade as a principal, such person or company shall state in a written confirmation of the contract that he or it has acted as principal.
(3) A statement made in compliance with this section where acting • that a person or company registered for trading in ^^ *sent.
securities under this Act proposes to act or has acted as principal in connection with a trade in a security shall not prevent such person or company from acting as agent in connection with a trade in such security.
(4) This section shall not apply to, — when sec-
tion not applicable.
(a) trades mentioned in subsection 1 of section 19; or
(b) securities described in subsection 2 of sec-
tion 19.
12. Section 60 of The Securities Act, 1947, is repealed and 1947, c. 98, the following substituted therefor: re-enacted.
60. — (1) A person who has entered into a contract to Rescission which subsection 1 of section 59 applies shall be °^ *'°"*''^°*- entitled to rescission of the contract where sub- section 1 of section 59 has not been complied with and written notice of exercising the right of rescis- sion is served on the person or company registered for trading in securities under this Act within sixty days of the date of the delivery of the security to or by such person, as the case may be, and in the case of a purchase by such person, he is still the owner of the security purchased.
(2) A person who has entered into a contract to which idem, subsection 2 of section 59 applies shall be entitled
139
8
to rescission of the contract where subsection 2 of section 59 has not been complied with and written notice of exercising the right of rescission is served on the person or company registered for trading in securities under this Act within seven days of the date of the delivery of the written confirmation of the contract and in the case of a purchase by such person, he is still the owner of the security purchased.
Onus.
(3) In an action for rescission to which this section applies, the onus of proving compliance with section 59 shall be upon the person or company registered for trading in securities under this Act.
Period of limitation.
(4) No action shall be commenced under this section after the expiration of a period of three months from the date of the service of notice under subsection 1 or 2.
1947, C. 98, 8. 63, amended.
13. Section 63 of The Securities Act, 1947, is amended by inserting after the word "of" in the fifth Hne the words "or is authorized so to do in writing by", so that the said section shall now read as follows:
Use of name of another registered person or company.
63. No person or company registered under this Act shall use the name of another person or company registered under this Act on letterheads, forms, advertisements or signs, as correspondent or otherwise, unless he or it is a partner, officer or agent of or is authorized so to do in writing by the other person or company registered under this Act.
1947. c. 98, 14 Section 75 of The Securities Act, 1947, is amended by amended. adding thereto the following clause:
{mm) prescribing trades or securities, in addition to the trades and securities mentioned in section 46, in respect of which sections 43, 44 and 45 shall not apply.
Special type of bond.
15. — (1) With the consent in writing and under seal of. all parties to a bond filed under section 12 of The Securities Act, 1945, the Commission may accept such bond in lieu of the bond required under section 10 of The Securities Act, 1947, and the provisions of The Securities Act, 1947, shall apply mutatis mutandis to such bond.
Saving.
(2) Subsection 1 shall not aflfect any rights and obligations arising out of the filing of the bond under The Securities Act, 1945.
139
16. This Act shall come into force on the day upon which Commence- it receives the Royal Assent. '"^"* °^ ^°^'
17. This Act may be cited as The Securities ^wen^fwew/^^o'"* ""«• Act, 1948.
139
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No.'UO
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The County Judges Act.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
ICXI'LAN ATORY NoTE
III the county court of the County of York there is a judge who is commonly known as the senior judge but referred to in the statute simply as the "judt^e" and ei^ht other judges referred to in the statute as "junior judges". The subsection which is enacted by this Bill vests in the senior judge of the count\' court of the Countx' of York the same authority with respect to the various courts conducted by the judges of the county court of the County of York as is vested in the Chief Justice of the High Court with respect to the courts presided over by the justices of the High Court Division of the Supreme ('oiirt.
140
No. 140 1948
BILL
An Act to amend The County Judges Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 5 of The County Judges Act is amended byRev. stat., adding thereto the following subsection: amemied.^'
(2) In the countv court of the Countv of York all suchArrange-
, ' f I ment of
arrangements as may be necessary or proper tor the courts, holding of any of the courts, or the transaction of business, or the arrangement from time to time for judges to hold such courts, or to transact such business, shall be made by the judge and junior judges of the county court of the Count\' of York with power in the judge of the county court of the County of York to make such readjustment or reassignment as may be necessary from time to time.
2. This Act may be cited as The County Judges Amendment short title. Act, 1948.
140
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No. 140
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The County Judges Act.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
I
No. 140 1948
BILL
An Act to amend The County Judges Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 5 of The County Judges Act is amended byRev. stat.. adding thereto the following subsection: amended. '
(2) In the county court of the County of York all suchArrange-
^ ' . , , ment of
arrangements as may be necessary or proper tor the courts, holding of any of the courts, or the transaction of business, or the arrangement from time to time for judges to hold such courts, or to transact such business, shall be made by the judge and junior judges of the county court of the County of York with power in the judge of the county court of the County of York to make such readjustment or reassignment as may be necessary from time to time.
2. This Act may be cited as The County Judges Amendment s^ort title. Act, 1948.
140
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No. 141
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Negligence Act.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. The new section 2a permits one of two joint tort feasors to settle with an injured person and then recover contribution and in- demnity against the other joint tort feasor.
Section 2, Section 5 is, in effect, re-enacted and now appears as sections 5 and 5a. The purpose of the extended form is for clarification only. The change in the efTect of the section which is occasioned by the amendment is to provide for the adding of a defendant by praecipe (see subsection 1 of the new section 5). There is provision in the rules of practice lor adding a third party by praecipe. Subsection 2 of the new section 5 and section 5a provide for adding a defendant and third party respectively by order of the court after the time for adding by praecipe has expired. The purpose of subsection 3 of the new section 5 is to make it clear that it is sufficient if the original defendant makes a claim against an added defendant and that it is not essential that the plaintiff must have a claim against an added defendant.
141
No. 141 1948
BILL
An Act to amend The Negligence Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembh' of the Province of Ontario, enacts as follows:
1. The Negligence Act is amended by adding thereto the^Yjv/^t'**-
following section: amended.
2a. A tort feasor may recover contribution or indenmit}- Recovery from any other tort feasor who is, or would if sued tort feasors. have been, liable in respect of the damage to any person suffering damage as a result of a tort by settling with the person suffering such damage, ard thereafter commencing or continuing action against such other tort feasor, in which event the tort feasor settling the damage shall satisfy the court that the amount of the settlem.ent was reasonable, and in the event that the court finds the amount of the settlement was excessive it may fix the amount at which the claim should have been settled.
2. Section 5 of The Negligence Act, as amended b\- section Rev. stat., . 23 of The Statute Law Amendment Act, 1939, is repealed and re-enacted.' the following substituted therefor:
5. — (1) Where a defendant claims to be entitled to con-^^^f^j^'Jj^j^^. tribution or indemnity from any person not a party by praecipe; to the action he may, within ten days of the entry of his appearance, add such person as a defendant upon praecipe and within ten days thereafter or within such longer period as may be ordered shall serve the amended w^it upon the added defendant who shall appear thereto as though he were originally a party to the action.
(2) Where it appears that any person not already a ^y order, party to an action is or may be wholly or partly responsible for the damages claimed, and the time for adding him as a defendant under subsection 1 has
141
Claim uKuinst added defendant.
Adding third party by order.
elapsed, such jjerson may be added as a defendant upon such terms as may be deemed just.
(3) Where a person is added as a defendant under this section he shall continue in the action as a defendant notwithstanding that the plaintiff makes no claim against him.
5a. Where it appears that any person not already a party to an action is or may be wholly or partly responsible for the damages claimed and the time has elapsed for adding him as a third party under the rules of court, such person may be added as a third party to the action upon such terms as may be deemed just.
Rev. Stat, c. 116. amended.
3. The Negligence Act is amended by adding thereto the following section:
Limitation g. Where an action is commenced against a tort feasor or
of actions. i • i . i
where a tort feasor settles with a person who has suffered damage as a result of a tort, within the period of limitation prescribed for the commencement of actions by any relevant statute, no proceedings for contribution or indemnity against another tort feasor shall be defeated by the operation of any statute limiting the time for the commencement of action against such other tort feasor provided, —
(«) such proceedings are commenced within one year of the date of the judgment in the action or the settlement, as the case may be; and
(6) there has been compliance with any statute requiring notice of claim against such tort feasor.
ment"o^f's°^2 ^- Section 2 shall come into force on a day to be named by the Lieutenant-Governor by his Proclamation.
Short title. 5. This Act may be cited as Tlie Negligence Amendment Act, 1948,
141
Section 3. An example of the situation sought to be taken care of by this amendment would be as follows:
Under section 480 of The Municipal Act an action against a munici- pality for the non-repair of a highway must be brought within three months after the time when the damages were sustained. If the driver of a car brings action within the three-month period for damages sustained on a highway against the driver of a second car but does not serve the writ until after the expiration of the three-month period, the driver of the second car would be precluded from proceeding against the municipal corporation because of the lapse of the three-month period. Under the amendment, the driver of the second car would not be so precluded provided he had anticipated the bringing of the action and had served the munici- pality with the notice in writing of his intention to make a claim as required by the statute.
The same principle applies where the driver of the second car settles with the driver of the first car and then seeks contribution or indemnity from the municipal corporation.
The proceedings against the municipality must be commenced within a year of the judgment or settlement as the case may be.
The new section is, of course, not limited to motor vehicle accidents or municipal corporations but the example serves to illustrate the nature and principle of the amendment.
141
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No. 141
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Negligence Act.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 141 1948
BILL
An Act to amend The Negligence Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Negligence Act is amended b>- adding thereto the^Yi'^'^*"
following section: amended.
2a. A tort feasor ma\' recover contribution or indemnity Recovery from any other tort feasor who is, or would if sued tort feasors. have been, liable in respect of the damage to any person suffering damage as a result of a tort by settling with the person suffering such damage, and thereafter commencing or continuing action against such other tort feasor, in which event the tort feasor settling the damage shall satisfy the court that the amount of the settlement was reasonable, and in the event that the court finds the amount of the settlement was excessive it may fix the amount at which the claim should have been settled.
2. Section 5 of The Negligence Act, as amended by section Rev. ^stat^
5 of The Statute Law Amendmeni the following substituted therefor:
c 115 s 5
23 of The Statute Law Amendment Act, 1939, is repealed and re-enacted.'
5. — (1) Where a defendant claims to be entitled to con- Ad^^jn^^^^ tribution or indemnity from any person not a party by praecipe; to the action he may, within ten days of the entry of his appearance, add such person as a defendant upon praecipe and within ten days thereafter or within such longer period as ma>' be ordered shall serve the amended writ upon the added defendant who shall appear thereto as though he were originally a party to the action.
(2) Where it appears that any person not already a '^J' o'"^^'"- party to an action is or may be wholly or partly responsible for the damages claimed, and the time for adding him as a defendant under subsection 1 has
141
elapsed, such person may be added as a defendant upon such terms as may be deemed just.
Claim (3) Where a person is added as a defendant under this
added section he shall continue in the action as a defendant
® *" *" ' notwithstanding that the plaintiff makes no claim
against him.
th1rd"\rt ^^- ^^^^^^e it appears that any penson not already a
by order. party to an action is or may be wholly or partly
responsible for the damages claimed and the time has elapsed for adding him as a third party under the rules of court, such person may be added as a third party to the action upon such terms as may be deemed just.
^*n5^*** ' ^" ^^^ Negligence Act is amended by adding thereto the amended. following section:
Limitation g. Where an action is commenced against a tort feasor or
of actions. , , ' i • i i i
where a tort feasor settles with a person who has suffered damage as a result of a tort, within the period of limitation prescribed for the commencement of actions by any relevant statute, no proceedings for contribution or indemnity against another tort feasor shall be defeated by the operation of an\- statute limiting the time for the commencement of action against such other tort feasor provided, —
(a) such proceedings are commenced within one year of the date of the judgment in the action or the settlement, as the case may be; and
{h) there has been compliance with any statute requiring notice of claim against such tort feasor.
Commence- 4 Section 2 shall come into force on a day to be named by
ment of s. 2. , 1 • t-» 1 •
the Lieutenant-Governor by his Proclamation.
Short title. 5. This Act mav be cited as The Negligence Amendment Act, 1948.
141
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No. 142
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act respecting Fair Employment Practices.
Mr. Salsberg
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 142 1948
BILL
An Act respecting Fair Employment Practices.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act, — interpre-
tation,—
(a) "Board" means Ontario Labour Relations Board; "Board";
(b) "employer" includes any agent of an employer but "employer"
does not include any social, fraternal, charitable, educational or religious organization that is not operated for private profit; and
(c) "employment agency" includes any person under- "employ-
taking to procure employees or opportunities to agency", work.
2. — (1) No employer shall, — Unfair em-
ployment practices.
(a) refuse to employ any person;
(b) bar or discharge any person from employment; or
(c) discriminate in any way against any person in con-
nection with his employment,
because of his race, colour, religious creed, national origin, or ancestry.
(2) No employer shall, — ^ idem.
(a) print or circulate or cause to be printed or circulated any statement, advertisement or publication;
(b) use any form of application for employment; or
(c) make any inquiry in connection with prospective
employment,
142
Idem*
which expresses, directly or indirecth-, an>' limitation, speci- fication or discrimination as to race, colour, religious creed, national origin, or ancestry, or which indicates any intention to make any such limitation, specification or discrimination.
(3) No employer shall bar or discharge any person from employment or discriminate in any way against any person in connection with his employment for having opposed or for opposing employment practices prohibited by this Act or for making any complaint, testifying or assisting in any pro- ceeding under this Act.
Aiding,
abetting,
etc.
3. No person shall aid, abet, incite, coerce or compel the doing of any act prohibited by this Act, or make any attempt to do so.
Offences.
Power to order rein- statement.
Offence.
4. P2very person who contravenes any of the provisions of this Act shall be guilty of an offence and shall on summary conviction be liable to a penalty, for a first offence, of not less than $25 and not more than $100, and for any subsequent offence, of not less than $100 and not more than $500 or to imprisonment for not more than one year or to both.
5. — (1) If in any proceeding under section 4 it is found that any employee or prospective employee has been dis- criminated against contrary to this Act, an order may be made requiring the employer to place the employee or pros- pective employee in the condition that he would have been in had he not been so discriminated against.
(2) Failure to carry out any order under this section shall be deemed to be a contravention of this Act.
Duty of Board.
Sliort title.
6. It shall be the duty of the Board to make such in- quiries, hold such investigations and do such other acts and things as may be necessary to ensure that the provisions of this Act are complied with.
7. This Act may be cited as The Fair Employment Practices Act, 1948.
142
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No. 143
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act respecting Investment Contracts.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston Printer to the King's Most Excellent Majesty
Explanatory Notes
Companies engaged in the business of issuing investment contracts (see definition in section 1) presently come under the provisions of The Securities Act, 1947. These companies, by the nature of their business, are comparable with insurance companies rather than with the various classes of companies which fall within the provisions of The Securities Act, 1947. The purpose of the Bill is accordingly to exclude such companies from the operation of The Securities Act, 1947, and to bring them under the jurisdiction of the Superintendent of Insurance.
143
I
No. 143 1948
BILL
An Act respecting Investment Contracts.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1 Tn this Act — Interpre-
X. Ill U11& r\ci, tation. —
(a) "investment contract" means a contract, agreement, "investment
•r . • • • . . contract";
certmcate, mstrument or writmg contammg an undertaking by an issuer to pay the holder thereof, or his assignee, or personal representative, or other person, a stated or determinable maturity value in cash or its equivalent on a fixed or determinable date and containing optional settlement, cash surrender or loan values prior to or after maturity, the con- sideration for which consists of payments made or to be made to the issuer in instalments or periodically, or of a single sum, according to a plan fixed by the contract, whether or not the holder is or may be entitled to share in the profits or earnings of, or to receive additional credits or sums from, the issuer, but shall not include a contract within the meaning of The Insurance Act; c. 256.
(b) "filed" means filed under this Act; "flied";
(c) "issuer" means any corporation which offers for sale, "^^"®'""'
sells, makes or enters into investment contracts of
its own issue, but shall not include an insurer within
the meaning of The Insurance Act, or a corporation
within the meaning of The Loan and Trust Corpora- cc. 256, 257.
tions Act;
/ j\ II IT 1 J. >» "qualified
(a) qualified assets means, assets";
I (i) cash,
I
i (ii) first mortgages on improved real estate and
I first mortgages made under The Dominion
\ 143
1935. c. 58; 1938, c. 49; 1944-45,0.46 (Canada).
Rev. Stat., c. 251.
1932, c. 46 (Canada).
"pre- scribed";
"registered'
"regula- tions";
"salesman"
"Superin- tendent". Rev. Stat., c. 256.
Housing Act, 1935 (Canada), The National Housing Act, 1938 (Canada), or The National Housing Act, 1944 (Canada),
(iii) bonds, debentures, stocks and other securities of the classes authorized under The Companies Act for the investment of the funds of joint stock insurance companies incorporated under the law of Ontario or authorized under The Canadian and British Insurance Companies Act,. 1932 (Canada) for the investment of the funds of companies registered thereunder,
(iv) real property acquired by foreclosure or in satisfaction of a debt and held for a period of less than seven years, and
(v) such other investments or securities as may be designated by regulation under this Act;
(e) "prescribed" means'prescribed by the regulations;
(/) "registered" means registered under this Act;
(s) "regulations" mean regulations made under this Act;
(h) "salesman" means a person employed, appointed or authorized by an issuer to sell investment contracts; and
(i) "Superintendent" means Superintendent of Insurance under The Insurance Act.
Filing form of contract.
2. — (1) No person shall issue for sale or offer for sale or sell an investment contract unless a copy of the form thereof has been filed with the Superintendent.
Forms not to be filed.
(2) The Superintendent shall accept for filing a copy of the form of any investment contract tendered for filing unless the sale of investment contracts in such form would be inequitable or tend to work a fraud upon purchasers thereof or be against the public interest.
Who may
issue
contract.
Who may sell con- tract.
3. — (1) No person shall issue for sale an investment con- tract unless such person is registered as an issuer.
(2) No person shall offer for sale or sell an investment contract unless such person is, —
(a) registered as an issuer; or
143
(b) recorded by the Superintendent as an executive
officer of a registered issuer; or
(c) registered as a salesman.
4. No corporation shall be registered under this Act as an what cor-
issuer unless, — may*be"*
registered.
(a) there has been filed with the Superintendent,
(i) a certified copy of the Act, letters patent or other instrument of incorporation of such corporation,
(ii) a certified list of the names and addresses of the executive officers of such corporation,
(iii) a certified cop}- of the balance sheet of such corporation as at the close of its last com- pleted fiscal year and its auditor's report thereon, and
(iv) copies of all forms of investment contracts proposed to be issued b>' such corporation for sale in Ontario;
(b) at least $100,000 of its authorized capital stock has
been subscribed and paid in, in cash;
(c) arrangements satisfactory to the Superintendent have
been made for the deposit with a trust company, chartered bank or other suitable depositary or depositaries within Canada of qualified assets aggre- gating in amount, when valued.as provided in section 17, not less at any time than the amount for which such corporation, under the terms of its investment contracts, is liable as of such time to pay in cash to the holders of all its investment contracts then outstanding, or aggregating . such lesser amount as the Superintendent may deem appropriate in the circumstances; provided that, in the case of a cor- poration which maintains with a trust company, chartered bank or other suitable depositary or depositaries outside Ontario but within Canada a deposit or deposits of qualified assets in such an aggregate amount or other deposit satisfactory to the Superintendent, no further deposit shall be required.
5. — (1) No person shall be registered as a salesman unless Registration there has been filed with the Superintendent a written notice mint's*' to the Superintendent from a registered issuer that such person
143
Suspension of regis- tration.
Application for regis- tration.
Address
for
service.
has been employed, appointed or authorized to sell invest- ment contracts issued by such issuer.
(2) Termination of the employment, appointment or author- ization of a person employed, appointed or authorized to sell investment contracts issued by an issuer which has filed with the Superintendent a written notice pursuant to subsection 1 shall operate as a suspension of the registration of such person as a salesman.
6. Every application for registration shall be made to the Superintendent in writing upon the prescribed form and shall be accompanied by the prescribed fee.
7. Every applicant for registration shall state in the appli- cation an address for service in Ontario and all notices under this Act or the regulations shall be sufficiently served for all purposes if delivered or sent by prepaid mail to the latest address for service so stated.
Renewal of registration.
Granting of registration or renewal to. —
issuer;
salesman.
Suspension or cancel- lation of registration.
Idem.
Further application for regis- tration.
8. Every registration and renewal of registration shall lapse on the 31st day of March but any registered issuer or salesman desiring renewal of registration shall on or before the 21st day of March make application for renewal of registration upon the prescribed form with the prescribed fee.
9. The Superintendent shall grant registration or renewal of registration, — |
(a) to an issuer applying therefor where the applicant is suitable for registration and the sale of investment contracts issued by such issuer would not be in- equitable or tend to work a fraud upon purchasers thereof or be against the public interest ; and
(b) to a salesman applying therefor where the applicant
is suitable for registration and the proposed registra- tion is not objectionable.
10. — (1) The Superintendent may suspend or cancel any registration upon any grounds which would justify refusal to grant registration or renewal of registration.
(2) The Superintendent may suspend or cancel the regis- tration of an issuer where it appears to him from the state- ments and reports filed with him or from an inspection or valuation that the assets of the issuer are insufficient to provide for the payment of its investment contracts at maturity.
11. Notwithstanding any order of the Superintendent, a further application may be made upon new or other material or where it is clear that material circumstances have changed.
143
12. — (1) An applicant for registration or renewal of regis- Appeal. tration or any person who deems himself aggrieved by a decision of the Superintendent, may appeal therefrom to the Court of Appeal.
(2) The appeal shall be set down for argument at the first When to be sitting of the Court of Appeal which commences after the expiration of thirty days from the decision complained of.
(3) The practice and procedure upon and in relation to the Procedure, appeal shall be the same as upon an appeal from a judgment
of a judge of the Supreme Court, in an action.
(4) The Superintendent shall certify to the registrar of the Certificate. Court of Appeal the decision appealed from, his reasons therefor, and the documents, inspection reports and evidence,
if any, and such other information as he had before him in making the said decision.
13. — (1) Not later than thirty days after the expiration Fnmg^^^^ of each quarterly period ending March 31st, June 30th, September 30th and December 31st, every registered issuer shall file with the Superintendent a statement, certified to by its auditor, showing, —
(a) the amount for which such issuer is liable, as at the last day of the quarterly period last ended, to pay in cash to the holders of all its investment contracts outstanding on such date; and
(b) all qualified assets on deposit on the last day of the
quarterly period last ended with the trust company, chartered bank or other depositary or depositaries wnthin Canada approved by the Superintendent and the value, when valued as provided in section 17, of such qualified assets as at such date; and
(c) such other information as the Superintendent may
require.
(2) Not later than ninety days after the expiration of J'^Va°#ce its fiscal year, every registered issuer shall file with the^i^eet. Superintendent a balance sheet and profit and loss statement
for such completed fiscal year, certified by two of its directors and reported on by its auditor, and such other financial statements as the Superintendent may require.
(3) The auditor of an issuer registered under this Act Auditor, shall be a person or firm acceptable to the Superintendent.
14. — (1) The Superintendent may at any time make or inspection. 143
■ 6
Access on inspection.
Advertising and forms.
cause to be made an inspection of the books, documents and records of any issuer and of any salesman.
(2) Upon any such inspection, the Superintendent or his duly authorized representative shall be entitled to free access to all books of account, cash, securities, documents, bank accounts, vouchers, correspondence and records of every description of the issuer or salesman and no person shall with- hold or destroy, conceal or refuse to furnish any information or thing reasonably required by the Superintendent for the purposes of the inspection.
15. The Superintendent may at any time require any issuer or salesman to submit for review any circulars, pamph- lets, brochures, specimen contracts, application forms or other documents used by such issuer or salesman in connection with the sale of investment contracts.
changes°by ^^' — ^^^ Every registered issuer shall notify the Superin- issuer; tendent in writing of, —
(a) any change of its address for service ;
(b) any change in its executive officers ; and
(c) the commencement and termination of the employ-
ment, appointment or authorisation of each of its salesmen.
by salesman. (2) Every salesman registered under this Act shall notify the Superintendent in writing of, —
(a) any change in his address of service; and
(b) every commencement and termination of his em-
ployment, appointment or authorization by a registered issuer.
Valuation of assets.
17. In any statement or balance sheet to be filed with the Superintendent under this Act, an issuer may value qualified assets as follows:
(a) cash — in the amount thereof in lawful money of Canada ;
(b) first mortgages — in the amount of the balance of the
principal sum secured thereby together with all unpaid interest accrued thereon;
(c) securities having a fixed term and rate not in default
as to principal or interest —
143
(i) if purchased at par, at the par value,
(ii) if purchased above or below par, on the basis of the purchase price adjusted so as to bring the value to par at maturity and so as to yield meantime the effective rate of interest at which the purchase was made,
provided that the purchase price shall in no case be taken at a higher figure than the actual market value at the time of purchase; and
(d) other securities — at the market value at the date of the statement,
or otherwise as the Superintendent may appoint; provided that, where any qualified assets consist of securities whose market values are unduly depressed and in respect of which companies registered under The Canadian and British In- (clnadatf surance Companies Act, 1932 (Canada) have been authorized to use values in excess of said market values, such qualified assets may, with the approval of the Superintendent, be valued as authorized under that Act.
18. The Superintendent may extend the time for the filing Ex^tension of any statement, balance sheet or other document, or the prescribed, making of any application for renewal of registration under
this Act.
19. Nothing in this Act shall prevent the sale of an invest- Exempted ment contract by or on behalf of the holder thereof where such
sale is not made in the course of continued and successive transactions of like character or by a person whose usual business is the issuance or sale of investment contracts.
20.— (1) Any person who violates the provisions of sub- Penalties, section 1 of section 2 or subsection 1 of section 3 or subsection 2 of section 3 in respect of clause a or b thereof shall be guilty of an offence and liable to a penalty of not more than $5,000.
(2) Any person who violates the provisions of subsection 2 ^^®™' of section 3 in respect of clause c shall be guilty of an offence and liable to a penalty of not more than $1,000.
(3) Any person who violates any Other provision of this idem. Act shall be guilty of an offence and liable to a penalty of
not more than §500.
21. No proceedings to recover the penalties provided in'^^l^uU.^ section 20 shall be instituted except, —
143
8
(a) with the written consent of the Attorney General; and
(b) within two years after the offence is committed.
Idem. 22. The penalties provided by section 20 shall be recover-
^^36^***" ^ble under The Summary Convictions Act.
tions^** 23. The Lieutenant-Governor in Council may make regu-
lations,—
(a) prescribing the fees payable upon applications for registration and renewal of registration ;
(6) prescribing the forms for use under this Act ;
(c) designating investments or securities as qualified
assets within the meaning of this Act; and
(d) generally for the better carrying out of the provisions
of this Act and the more efficient administration thereof.
1947,0.98 24. Notwithstanding anything in The Securities Act, 1947, not to apply. , , a j o
con tamed, —
(a) an investment contract shall be deemed not to be a security; and
(&) an issuer' shall be deemed not to be an investment company,
within the meaning of the said Act.
Commence- 25. This Act shall come into force on a day to be named ment oi Act i i • t-» i
by the Lieutenant-Governor by his Proclamation.
Short title. 26. This Act may be cited as The Investment Contracts Act, 1948.
143
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No. 143
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act respecting Investment Contracts.
Mr. Blackwell
(Reprinted as amended in Committee of the Whole House.)
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Companies engaged in the business of issuing investment contracts (see definition in section 1) presently come under the provisions of The Securities Ad, 1947. These companies, by the nature of their business, are comparable with insurance companies rather than with the various classes of companies which fall within the provisions of The Securities Act, 1947. The purpose of the Bill is accordingly to exclude such companies from the operation of The Securities Act, 1947, and to bring them under the jurisdiction of the Superintendent of Insurance.
143
No. 143 1948
BILL
An Act respecting Investment Contracts.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act,- . {nterpr«-
(a) "investment contract" means a contract, agreement, "Jn'^'estment certificate, instrument or writing containing an undertaking by an issuer to pay the holder thereof,
or his assignee, or personal representative, or other person, a stated or determinable maturity value in cash or its equivalent on a fixed or determinable date and containing optional settlement, cash surrender or loan values prior to or after maturity, the con- sideration for which consists of payments made or to be made to the issuer in instalments or periodically, or of a single sum, according to a plan fixed by the contract, whether or not the holder is or may be entitled to share in the profits or earnings of, or to receive additional credits or sums from, the issuer, but shall not include a contract within the meaning of The Insurance Act; c. 25*6.
(b) "filed" means filed under this Act; "flied";
(c) "issuer" means any corporation which offers for sale, "^"®^''
sells, makes or enters into investment contracts of
its own issue, but shall not include an insurer within
the meaning of The Insurance Act, or a corporation
within the meaning of The Loan and Trust Corpora- cc. 256, 257.
tions Act;
/ T\ II 1-r 1 ^ M "qualified
(d) qualified assets means, assets";
(i) cash.
(ii) first mortgages on improved real estate and first mortgages made under The Dominion
143
1936, c. 68; 1938. c. 49; 1944-45,0.46 (Canada).
Rev. Stat., c. 251.
1932, c. 46 (Canada).
"pre- scribed";
"registered'
"regula- tions";
'salesman'
Housing Act, 1935 (Canada), The National Housing Act, 1938 (Canada), or The National Housing Act, 1944 (Canada),
(iii) bonds, debentures, stocks and other securities of the classes authorized under The Companies Act for the investment of the funds of joint stock insurance companies incorporated under the law of Ontario or authorized under The Canadian and British Insurance Companies Act, 1932 (Canada) for the investment of the funds of companies registered thereunder,
(iv) real property acquired by foreclosure or in satisfaction of a debt and held for a period of less than seven years, and
(v) such other investments or securities as may be designated by regulation under this Act;
(e) "prescribed" means prescribed by the regulations;
(/) "registered" means registered under this Act;
(g) "regulations" mean regulations made under this Act;
(h) "salesman" means a person employed, appointed or authorized by an issuer to sell investment contracts; and
"Superin- tendent". Rev. Stat., c. 256.
(i) "Superintendent" means Sujserintendent of Insurance under The Insurance Act. -
Filing form of contract.
2. — (1) No person shall issue for sale or offer for sale or sell an investment contract unless a cop>' of the form thereof has been filed with the Superintendent.
Forms not to be filed.
(2) The Superintendent shall accept for filing a copy of the form of any investment contract tendered for filing unless the sale of investment contracts in such form would be inequitable or tend to work a fraud upon purchasers thereof or be against the public interest.
Who may
issue
contract.
Who may sell con- tract.
3. — (1) No person shall issue for sale an investment con- tract unless such f)erson is registered as an issuer.
(2) No person shall offer for sale or sell an investment contract unless such person is, —
(a) registered as an issuer; or
143
(b) recorded by the Superintendent as an executive
officer of a registered issuer; or
(c) registered as a salesman.
4. No corporation shall be registered under this Act as an What cor-
issuer unless, — porations
' may be
registered.
(a) there has been filed with the Superintendent,
(i) a certified copy of the Act, letters patent or other instrument of incorporation of such corporation,
(ii) a certified list of the names and addresses of the executive officers of such corporation,
(iii) a certified copy of the balance sheet of such corporation as at the close of its last com- pleted fiscal year and its auditor's report thereon, and
(iv) copies of all forms of investment contracts proposed to be issued by such corporation for sale in Ontario;
(b) at least $100,000 of its authorized capital stock has
been subscribed and paid in, in cash;
(c) arrangements satisfactory to the Superintendent have
been made for the deposit with a trust company, chartered bank or other suitable depositary or depositaries within Canada of qualified assets aggre- gating in amount, when valued as provided in section 17, not less at any time than the amount for which such corporation, under the terms of its investment contracts, is liable as of such time to pay in cash to the holders of all its investment contracts then outstanding, or aggregating such lesser amount as the Superintendent may deem appropriate in the circumstances; provided that, in the case of a cor- poration which maintains with a trust company, chartered bank or other suitable depositary or depositaries outside Ontario but within Canada a deposit or deposits of qualified assets in such an aggregate amount or other deposit satisfactory to the Superintendent, no further deposit shall be required.
5. — (1) No person shall be registered as a salesman unless Registration there has been filed with the Superintendent a written notice J^^nts^' to the Superintendent from a registered issuer that such person
143
Suspension of regis- tration.
has been employed, appointed or authorized to sell invest- ment contracts issued by such issuer.
(2) Termination of the employment, appointment or author- ization of a person employed, appointed or authorized to sell investment contracts issued by an issuer which has filed with the Superintendent a written notice pursuant to subsection 1 shall operate as a suspension of the registration of such person as a salesman.
Application for regis- tration.
Address
for
service.
6. Every application for registration shall be made to the Superintendent in writing upon the prescribed form and'shall be accompanied by the prescribed fee.
7. Every applicant for registration shall state in the appli- cation an address for service in Ontario and all notices under this Act or the regulations shall be sufificiently served for all purposes if delivered or sent by prepaid mail to the latest address for service so stated.
Renewal of registration.
Granting of registration or renewal to.—
issuer;
salesman.
8. Every registration and renewal of registration shall lapse on the 31st day of March but any registered issuer or salesman desiring renewal of registration shall on or before the 21st day of March make application for renewal of registration upon the prescribed form with the prescribed fee.
9. The Superintendent shall grant registration or renewal of registration, —
{a) to an issuer applying therefor where the applicant is suitable for registration and the sale of investment contracts issued by such issuer would not be in- equitable or tend to work a fraud upon purchasers thereof or be against the public interest; and
(6) to a salesman applying therefor where the applicant is suitable for registration and the proposed registra- tion is not objectionable.
Suspension or cancel- lation of registration.
10. — (1) The Superintendent may suspend or cancel any registration upon any grounds which would justify refusal to grant registration or renewal of registration.
Idem.
(2) The Superintendent may suspend or cancel the regis- tration of an issuer where it appears to him from the state- ments and reports filed with him or from an inspection or valuation that the assets of the issuer are insufficient to provide for the payment of its investment contracts at maturity.
Further application for regis- tration.
11. Notwithstanding any order of the Superintendent, a further application may be made upon new or other material or where it is clear that material circumstances have changed.
143
12. — (1) An applicant for registration or renewal of regis- -^PP^al. tration or any person who deems himself aggrieved by a decision of the Superintendent, may appeal therefrom to the Court of Appeal.
(2) The appeal shall be set down for argument at the first when to be sitting of the Court of Appeal which commences after the ^** **°''''' expiration of thirty days from the decision complained of.
(3) The practice and procedure upon and in relation to the ^'■°*'®'^"'"®* appeal shall be the same as upon an appeal from a judgment
of a judge of the Supreme Court, in an action.
(4) The Superintendent shall certify to the registrar of the Certificate. Court of Appeal the decision appealed from, his reasons therefor, and the documents, inspection reports and evidence,
if any, and such other information as he had before him in making the said decision.
13. — (1) -Not later than thirty days after the expiration ^^^'^.^^^^^ of each quarterly period ending March 31st, June 30th, September 30th and December 31st, every registered issuer shall file with the Superintendent a statement, certified to by its auditor, showing, —
(a) the total liability of the issuer on the last day of the quarterly period last ended on all outstanding invest- ment contracts;
(b) all qualified assets on deposit on the last day of the quarterly period last ended with the trust company, chartered bank or other depositary or depositaries within Canada approved by the Superintendent and the value, when valued as provided in section 17, of such qualified assets as at such date; and
(c) such other information as the Superintendent may require.
(2) Not later than ninety days after the expiration of F»ing^^ its fiscal year, every registered issuer shall file with the sheet. Superintendent a balance sheet and profit and loss statement
for such completed fiscal year, certified by two of its directors and reported on by its auditor, and such other financial statements as the Superintendent may require.
(3) The auditor of an issuer registered under this Act Auditor, shall be a person or firm acceptable to the Superintendent.
14. — (1) The Superintendent may at any time make or inspection. 143
Access on inspection.
Advertising and forms.
cause to be made an inspection of the books, documents and records of any issuer and of any salesman.
(2) Upon any such inspection, the Superintendent or his duly authorized representative shall be entitled to free access to all books of account, cash, securities, documents, bank accounts, vouchers, correspondence and records of every description of the issuer or salesman and no person shall with- hold or destroy, conceal or refuse to furnish any information or thing reasonably required by the Superintendent for the purposes of the inspection.
15. The Superintendent may at any time require any issuer or salesman to submit for review any circulars, pamph- lets, brochures, specimen contracts, application forms or other documents used by such issuer or salesman in connection with the sale of investment contracts.
changes°by ^^' — ^-^^ Every registered issuer shall notify the Superin- issuer; tendent in writing of, —
(a) any change of its address for service ;
(b) any change in its executive officers; and
(c) the commencement and termination of the employ-
ment, appointment or authorization of each of its salesmen.
by salesman. (2) Every salesman registered under this Act shall notify the Superintendent in writing of, —
(a) any change in his address of service; and
(b) every commencement and termination of his em-
ployment, appointment or authorization by a registered issuer.
Valuation of assets.
17. In any statement or balance sheet to be filed with the Superintendent under this Act, an issuer may value qualified assets as follows:
(a) cash — in the amount thereof in lawful money of
Canada ;
(b) first mortgages — in the amount of the balance of the
principal sum secured thereby together with all unpaid interest accrued thereon;
(c) securities having a fixed term and rate not in default
as to principal or interest —
143
(i) if purchased at par, at the par value,
(ii) if purchased above or below par, on the basis of the purchase price adjusted so as to bring the value to par at maturity and so as to yield meantime the effective rate of interest at which the purchase was made,
provided that the purchase price shall in no case be taken at a higher figure than the actual market value at the time of purchase; and
{d) other securities — at the market value at the date of the statement,
or otherwise as the Superintendent may appoint; provided that, where any qualified assets consist of securities whose market values are unduly depressed and in respect of which companies registered under The Canadian and British In-^^^^^^A^ surance Companies Act, 1932 (Canada) have been authorized to use values in excess of said market values, such qualified assets may, with the approval of the Superintendent, be valued as authorized under that Act.
18. The Superintendent ma^' extend the time for the filing Extension of any statement, balance sheet or other document, or the prescribed, making of any application for renewal of registration under
this Act.
19. Nothing in this Act shall prevent the sale of an invest- E-]e"^P*e<i ment contract by or on behalf of the holder thereof where such
sale is not made in the course of continued and successive transactions of like character or by a person whose usual business is the issuance or sale of investment contracts.
20. — (1) Any person who violates the provisions of sub- ^^^^^tJ^s. section 1 of section 2 or subsection 1 of section 3 or subsection 2 of section 3 in respect of clause a or b thereof shall be guilty of an offence and liable to a penalty of not more than $5,000.
(2) An}- person who violates the provisions of subsection 2 1<*«°^- of section 3 in respect of clause c shall be guilty of an offence and liable to a penalty of not more than $1,000.
(3) Any person who violates any other provision of this idem. Act shall be guilty of an offence and liable to a penalty of
not more than $500.
21. No proceedings to recover the penalties provided in ^^^^^i^fe^ °^ section 20 shall be instituted except, —
143
8
(a) with the written consent of the Attorney General; and
(b) within two years after the offence is committed.
Idem. 22. The penalties provided by section 20 shall be recover-
o^Yse^***" ^^^^ under The Summary Convictions Act.
tions'^ ^^" ^^^ Lieutenant-Governor in Council may make regu-
lations,—
(a) prescribing the fees payable upon applications for registration and renewal of registration ;
(b) prescribing the forms for use under this Act;
(c) designating investments or securities as qualified
assets within the meaning of this Act; and
(d) generally for the better carrying out of the provisions
of this Act and the more efficient administration thereof.
1947.0.98 24. Notwithstanding anything in The Securities Act, 1947,
not to apply. . s> j t> > i
con tamed, —
(a) an investment contract shall be deemed not to be a security; and
{b) an issuer shall be deemed not to be an investment company,
within the meaning of the said Act.
Commence- 25. This Act shall come into force on a day to be named ment of Act i i • t-> i •
by the Lieutenant-Governor by his Proclamation.
Short title. 26. This Act may be cited as The Investment Contracts Act, 1948.
143
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No. 143
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act respecting Investment Contracts.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 143 1943
BILL
An Act respecting Investment Contracts.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act, — interpre-
tation,—
(a) "investment contract" means a contract, agreement, "investment certificate, instrument or writing containing ^^°°^^^^'^^" '• undertaking by an issuer to pay the holder thereof,
or his assignee, or personal representative, or other person, a stated or determinable maturity value in cash or its equivalent on a fixed or determinable date and containing optional settlement, cash surrender or loan values prior to or after maturity, the con- sideration for which consists of payments made or to be made to the issuer in instalments or periodically, or of a single sum, according to a plan fixed by the contract, whether or not the holder is or may be entitled to share in the profits or earnings of, or to receive additional credits or sums from, the issuer, but shall not include a contract within the meaning of The Insurance Act; SYse^***"
(b) "filed" means filed under this Act; "filed";
(c) "issuer" means any corporation which offers for sale, "issuer":
sells, makes or enters into investment contracts of ( its own issue, but shall not include an insurer within the meaning of The Insurance Act, or a corporation within the meaning of The Loan and Trust Corpora- co7256.\57. tions Act;
(d) "qualified assets" means, a^ew^^"^
(i) cash,
(ii) first mortgages on improved real estate and first mortgages made under The Dominion
143
1935. 0. 58; 1938. o. 49: 1944-45. c. 46 (Canada).
Rev. Stat., c. 251.
1932, c. 46 (Canada).
"pre- acribed";
"registered'
"regula- tions";
"salesman"
Housing Act, 1935 (Canada), The National Housing Act, 1938 (Canada), or The National Housing Act, 1944 (Canada),
(iii) bonds, debentures, stocks and other securities of the classes authorized under The Companies Act for the investment of the funds of joint stock insurance companies incorporated under the law of Ontario or authorized under The Canadian and British Insurance Companies Act, 1932 (Canada) for the investment of the funds of companies registered thereunder,
(iv) real property acquired by foreclosure or in satisfaction of a debt and held for a period of less than seven years, and
(v) such other investments or securities as may be designated by regulation under this Act;
(e) "prescribed" means prescribed by the regulations;
(/) "registered" means registered under this Act;
(g) "regulations" mean regulations made under this Act;
{h) "salesman" means a person employed, appointed or authorized by an issuer to sell investment contracts; and
"Superin- tendent". Rev. Stat., c. 256.
{i) "Superintendent" means Superintendent of Insurance under The Insurance Act.
Filing form of contract.
2. — (1) No person shall issue for sale or offer for sale or sell an investment contract unless a copy of the form thereof has been filed with the Superintendent.
Forms not to be flled.
(2) The Superintendent shall accept for filing a copy of the form of any investment contract tendered for filing unless the sale of investment contracts in such form would be inequitable or tend to work a fraud upon purchasers thereof or be against the public interest.
Who may
issue
contract.
Who may sell con- tract.
3. — (1) No person shall issue for sale an investment con- tract unless such person is registered as an issuer.
(2) No person shall offer for sale or sell an investment contract unless such person is, —
(a) registered as an issuer; or 143
(b) recorded by the Superintendent as an executive
officer of a registered issuer; or
(c) registered as a salesman.
4. No corporation shall be registered under this Act as anWhatcor- issuer unless, — m°a'y*b«"*
registered.
(a) there has been filed with the Superintendent,
(i) a certified copy of the Act, letters patent or other instrument of incorporation of such corporation,
(ii) a certified list of the names and addresses of the executive officers of such corporation,
(iii) a certified copy of the balance sheet of such corporation as at the close of its last com- pleted fiscal year and its auditor's report thereon, and
(iv) copies of all forms of investment contracts proposed to be issued by such corporation for sale in Ontario;
(b) at least 8100,000 of its authorized capital stock has
been subscribed and paid in, in cash;
(c) arrangements satisfactory to the Superintendent have
been made for the deposit with a trust company, chartered bank or other suitable depositary or depositaries within Canada of qualified assets aggre- gating in amount, when valued as provided in section 17, not less at any time than the amount for which such corporation, under the terms of its investment contracts, is liable as of such time to pay in cash to the holders of all its investment contracts then outstanding, or aggregating such lesser amount as the Superintendent may deem appropriate in the circumstances; provided that, in the case of a cor- poration which maintains with a trust company, chartered bank or other suitable depositary or M depositaries outside Ontario but w^ithin Canada a deposit or deposits of qualified assets in such an aggregate amount or other deposit satisfactory to the Superintendent, no further deposit shall be required.
5. — (1) No person shall be registered as a salesman unless Registration there has been filed with the Superintendent a wTitten notice m^nST to the Superintendent from a registered issuer that such person
143
Suspension of regis- tration.
has been employed, appointed or authorized to sell invest- ment contracts issued by such issuer.
(2) Termination of the employment, appointment or author- ization of a person employed, appointed or authorized to sell investment contracts issued by an issuer which has filed with the Superintendent a written notice pursuant to subsection 1 shall operate as a suspension of the registration of such person as a salesman.
to^^lfS^"^ 6. Every application for registration shall be made to the tration. Superintendent in writing upon the prescribed form and shall
be accompanied by the prescribed fee.
Address
for
service.
7. Every applicant for registration shall state in the appli- cation an address for service in Ontario and all notices under this Act or the regulations shall be sufficiently served for all purposes if delivered or sent by prepaid mail to the latest address for service so stated.
Renewal of registration.
8. Every registration and renewal of registration shall lapse on the 31st day of March but any registered issuer or salesman desiring renewal of registration shall on or before the 21st day of March make application for renewal of registration upon the prescribed form with the prescribed fee.
Granting of registration or renewal to. —
issuer;
salesman.
9. The Superintendent shall grant registration or renewal of registration, —
(a) to an issuer applying therefor where the applicant is suitable for registration and the sale of investment contracts issued by such issuer would not be in- equitable or tend to work a fraud upon purchasers thereof or be against the public interest; and
(b) to a salesman applying therefor where the applicant
is suitable for registration and the proposed registra- tion is not objectionable.
or cancei°" ^^- — (^) ^^^ Superintendent may suspend or cancel any re^stration i*6gistration upon any grounds which would justify refusal to grant registration or renewal of registration.
Idem.
(2) The Superintendent may suspend or cancel the regis- tration of an issuer where it appears to him from the state- ments and reports filed with him or from an inspection or valuation that the assets of the issuer are insufficient to provide for the payment of its investment contracts at maturity.
Further application for regis- tration.
11. Notwithstanding an^^ order of the Superintendent, a further application may be made upon new or other material or where it is clear that material circumstances have- changed.
143
12. — (1) An applicant for registration or renewal of regis- -^pp**'- tration or any person who deems himself aggrieved by a decision of the Superintendent, may appeal therefrom to the Court of Appeal.
(2) The appeal shall be set down for argument at the first "^^^^ *o ^^ sitting of the Court of Appeal which commences after the expiration of thirty days from the decision complained of.
(3) The practice and procedure upon and in relation to the Procedure, appeal shall be the same as upon an appeal from a judgment
of a judge of the Supreme Court, in an action.
(4) The Superintendent shall certify to the registrar of the *^®'""^°**®' Court of Appeal the decision appealed from, his reasons therefor, and the documents, inspection reports and evidence,
if any, and such other information as he had before him in making the said decision.
13. — (1) Not later than thirty days after the expiration f^^'^^^gj^^ of each quarterly period ending March 31st, June 30th, September 30th and December 31st, every registered issuer shall file with the Superintendent a statement, certified to by its auditor, showing, —
(a) the total liability of the issuer on the last day of the quarterly period last ended on all outstanding invest- ment contracts;
(b) all qualified assets on deposit on the last day of the
quarterly period last ended with the trust company, chartered bank or other depositary or depositaries within Canada approved by the Superintendent and the value, when valued as provided in section 17, of such qualified assets as at such date; and
(c) such other information as the Superintendent may
require.
(2) Not later than ninety days after the expiration of Fnm^g^^ its fiscal year, every registered issuer shall file with the sheet. Superintendent a balance sheet and profit and loss statement
for such completed fiscal year, certified by two of its directors ■and reported on by its auditor, and such other financial statements as the Superintendent may require.
(3) The auditor of an issuer registered under this Act Auditor, shall be a person or firm acceptable to the Superintendent.
14._(1) The Superintendent may at any time make or inspection. 143
Access on inspection.
Advertising and forms.
cause to be made an inspection of the books, documents and records of any issuer and of any salesman.
(2) Upon any such inspection, the Superintendent or his duly authorized representative shall be entitled to free access to all books of account, cash, securities, documents, bank accounts, vouchers, correspondence and records of every description of the issuer or salesman and no person shall with- hold or destroy, conceal or refuse to furnish any information or thing reasonably required by the Superintendent for the purposes of the inspection.
15. The Superintendent may at any time require any issuer or salesman to submit for review any circulars, pamph- lets, brochures, specimen contracts, application forms or other documents used by such issuer or salesman in connection with the sale of investment contracts.
16. — (1) Every registered issuer shall notify the Sup>erin-
Notice of
changes by .
Issuer; tendent m writing of.
(a) any change of its address for service;
(b) any change in its executive officers; and
(c) the commencement and termination of the employ-
ment, appointment or authorization of each of its salesmen.
by salesman. (2) Every salesman registered under this Act shall notify the Superintendent in writing of, —
(a) any change in his address of service; and
(&) every commencement and termination of his em- ployment, appointment or authorization by a registered issuer.
Valuation of assets.
17. In any statement or balance sheet to be filed with the Superintendent under this Act, an issuer may value qualified assets as follows:
(a) cash — in the amount thereof in lawful money of
Canada;
(b) first mortgages — in the amount of the balance of the
principal sum secured thereby together with all unpaid interest accrued thereon;
(c) securities having a fixed term and rate not in default
as to principal or interest —
143
(i) if purchased at par, at the par value,
(ii) if purchased above or below par, on the basis of the purchase price adjusted so as to bring the value to par at maturity and so as to yield meantime the effective rate of interest at which the purchase was made,
provided that the purchase price shall in no case be taken at a higher figure than the actual market value at the time of purchase; and
(d) other securities — at the market value at the date of
the statement,
or otherwise as the Superintendent may appoint; provided that, where any qualified assets consist of securities whose market values are unduly depressed and in respect of which companies registered under The Canadian and British In- (cliada)^ surance Companies Act, 1932 (Canada) have been authorized to use values in excess of said market values, such qualified assets may, with the approval of the Superintendent, be valued as authorized under that Act.
18. The Superintendent may extend the time for the filing Extension . ^ . . . ■' . , .^ of time
or any statement, balance sheet or other document, or the prescribed, making of any application for renewal of registration under this Act.
19. Nothing in this Act shall prevent the sale of an invest- ^^^^p*®'* ment contract by or on behalf of the holder thereof where such
sale is not made in the course of continued and successive transactions of like character or by a person whose usual business is the issuance or sale of investment contracts.
20. — (1) Any person who violates the provisions of sub- ^®"^^*^®^- section 1 of section 2 or subsection 1 of section 3 or subsection 2 of section 3 in respect of clause a or & thereof shall be guilty of an offence and liable to a penalty of not more than $5,000.
(2) Any person who violates the provisions of subsection 2 ^'**™- of section 3 in respect of clause c shall be guilty of an offence and liable to a penalty of not more than $1,000.
(3) Any person who violates any other provision of this idem. Act shall be guilty of an offence and liable to a penalty of
not more than $500.
21. No proceedings to recover the penalties provided in ^^n^aiffi "'^ section 20 shall be instituted except, —
143
8
(a) with the written consent of the Attorney General; and
(b) within two years after the offence is committed.
Idem. 22. The penalties provided by section 20 shall be recover-
^Yse^'**" ^^^^ under The Summary Convictions Act.
Regula- tions.
23. The Lieutenant-Governor in Council may make regu- lations,—
(a) prescribing the fees payable upon applications for registration and renewal of registration ;
(b) prescribing the forms for use under this Act;
(c) designating investments or securities as qualified
assets within the meaning of this Act; and
(d) generally for the better carrying out of the provisions
of this Act and the more efficient administration thereof.
1947 0.98 24. Notwithstanding anything in The Securities Act, 1947,
not to apply. , , a j c > »
contamed, —
(a) an investment contract shall be deemed not to be a security; and
(6) an issuer shall be deemed not to be an investment company,
within the meaning of the said Act.
Commence- ment of Act
25. This Act shall come into force on a day to be named by the Lieutenant-Governor by his Proclamation.
Short title. 26. This Act may be cited as The Investment Contracts Act, 1948.
143
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No. 144
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Hotel Fire Safety Act, 1948.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
This legislation is designed to replace The Hotel Fire Accidents Preven- tion Act which in 1937 replaced The Prevention oj Accidents by Fire in Hotels Act and The Hotels Act, 1929.
The subject is one that lends itself to periodic revisions in order that the fire safety provisions of the law respecting hotels may be kept in line with modern conditions.
The statutory requirements are based on two fundamental principles, namely, to ensure that hotels are constructed and operated in a way that will prevent fire starting and that will give every one in the building a reasonable chance of getting out safely if a fire does start.
The sections of the Act are self-explanatory.
Whether the provisions of this Bill are amended or new as compared with the present Act is indicated in italics at the end of each provision.
144
No. 144 1948
BILL
The Hotel Fire Safety Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act, — interpre-
tation,—
(a) "fire door" means a hollow metal, metal-clad, sheet "Are door- metal, steel or two-ply tin-clad door that is auto- matic or self-closing;
(b) "Fire Marshal" means the Fire Marshal of Ontario; "Fire
Marshal";
(c) "fire-resistive construction" means construction in "Are
which resistive
^"^"' construc-
tion";
(i) the exterior walls are wholly of brick, stone, concrete, hollow block, solid block or the equivalent,
(ii) the interior walls and partitions are made of incombustible materials,
(iii) the floors and their supports are made of incombustible materials other than the floor covering, which may be wood, and
(iv) the roofs are made of incombustible materials;
(d) "fire wall" means a partition wall of fire-resistive "Are wall"; construction extending from the ground to a point
three feet above the roof and in which all openings are protected by fire doors;
(e) "grade" means the average level of the ground next "grade";
to the building; New.
(j) "hotel" means any hotel, tavern, inn or public house -hotel"; in one building or in two or more connected or adjacent buildings used mainly for the purpose of
144
"incom- bustible";
(g)
^'inspector'
catering to the needs of the travelling public by supplying food and furnishing sleeping accommoda- tion of not less than ten bedrooms and includes all premises licensed under The Liquor Licence Act, 1946, but does not include premises commonly known as boarding houses and apartment houses; R.S.O. 1937, c. 320, s. 1, cl. (a), amended.
"incombustible" as applied to a material or com- bination of materials means steel, iron, brick, tile, concrete, slate, asbestos, wired glass, cement or gypsum plaster or other material that will not fuse, burn or disintegrate when exposed to a temperature of 1,000 degrees Fahrenheit for a period of one hour;
(h) "inspector' Act;
means an inspector appointed under this
'panic bolt"; (^-^ "panic bolt" meaas a bolt or lock that can be opened
at all times from the inside by downward pressure on a bar or lever;
"regula- tions";
0) "regulations" mean regulations made under this Act;
"self- closing"
(k) "self-closing" as applied to a door, window or other protection for an opening, means that such door, window or other protection is normally closed and will immediately return to the closed position when it is opened and released;
"smoke- proof";
(/) "smoke-proof" means constructed so as to prevent the rapid passage of smoke and flames; and
"storey'
(m) "storey" means that portion of a building between the top of any floor and the top of the next floor above it, or if there is no floor above it, that portion between the top of such floor and the ceiling above it, and the storey closest to grade having its ceiling more than six feet above grade shall be deemed to be the first storey. New.
What hotels to be fire- resistive.
2. — (1) Every hotel more than two storeys in height here- after constructed or remodelled, every addition more than two storeys in height hereafter made to any hotel, and every building more than two storeys in height hereafter converted for use as an hotel, shall be of fire-resistive construction.
Require- ment for a fire wall.
(2) Where an addition is hereafter made to any hotel and either the addition or the hotel is not of fire-resistive con- struction, there shall be a fire wall between the addition and the hotel. New,
144
3. (1) There shall be not less than two stairway systems^*'"'"'"'" in or in connection with every hotel, located as far apart as i">" Tt ion of possible and so as to provide not less than two independent ^'^"■"'*^^" means of egress for the occupants on each floor.
(2) Every stairway in or in connection with an existing hotel stairways in more than two storeys in height shall be fully enclosed and hoTei's"* smoke-proof, provided that an exterior iron stairway with balconies at each floor or a metal tubular or spiral fire-escape
may, with the written permission of the inspector be used in lieu of a fully enclosed and smoke-proof stairway.
(3) Every stairway in or in connection with, — Slairways
in hQtels hereafter
(a) an hotel more than two storeys in height hereafter '"'"'•
constructed or remodelled;
(b) an addition more than two storeys in height hereafter
made to an hotel ; or
(c) a building more than two storeys in height hereafter
converted for use as an hotel,
shall be fully enclosed, smoke-proof and of fire-resistive construction.
(4) Notwithstanding subsections 2 and 3, any stairway Exception, extending only to the second or mezzanine storey in an hotel
of fire-resistive construction may be an open stair\va\-.
(5) Every stairway from any portion of an hotel, other Minimum than from a place of public assembly, shall have a clear width s"tifirways. of not less than twenty-two inches, and each step shall have
not less than a ten-inch tread and not more than an eight-inch rise except that, where structural difficulties exist, the inspector may give written permission for steps having not less than an eight-inch tread.
(6) Every stairway from any portion of an hotel used as a Minimum place of public assembly shall have a clear width of not less ^j'{|J|j,j^yg than forty-four inches, and each step shall have at least a f""/"" P'^ce
-' ' ... or assembly,
ten-inch tread and not more than an eight-inch rise.
(7) Where in anv hotel more than two storevs in height any where stair-
... .' . , " , r way does
stairway is located so as to require the users thereoi to pass not eive through a lobby or other place of public assembly in order tOegrlL. reach the outside of the building, the inspector may make an order requiring the lobby or other place of public assembly to be equipped with an automatic sprinkler system. New.
^ /4N XT • • r Exterior
4. — (1) No exterior stairway oi, — stairways
^ ^ -^ in hotels
... hereafter
144 built;
(a) an hotel more than two storeys in height hereafter constructed or remodelled;
(b) an addition more than two storeys in height hereafter
made to an hotel; or
to extend to ground.
Windows and doors beneath exterior stairways.
(c) a building more than two storeys in height hereafter constructed for use as an hotel,
shall extend more than five storeys above grade. New.
(2) Every exterior stairway of an hotel shall extend to the ground, provided that the inspector may give written permis- sion for the bottom flight of such stairway to be counter- balanced. R.S.O. 1937, c. 320, s. 2 (2), amended.
5. — (1) Every window, except a first-storey display window, in an hotel beneath any portion of an exterior stairway or opening onto or within ten feet of an exterior stairway, shall be provided with wired glass and every door similarly located shall be metal-clad.
No other wall open- ings.
(2) There shall be no wall opening, other than a door or window, beneath or within ten feet of an exterior stairway of an hotel.
Balconies and landings.
Railings.
windows^** (3) Every door and window opening to a stairway in or in
opening to connection with an hotel shall be not less than thirty inches in width and shall be hinged to open outwards with the line of exit travel and equipped with panic bolts only. New.
6. The width of every balcony and landing in connection with a stairway in or in connection with an hotel shall be not less than the width of the door leading to it and shall have an area of not less than twelve square feet. R.S.O. 1937, c. 320,
s. 3, amended.
7. Every exterior stairway shall have an iron railing not less than thirty-two inches in height, measured perpendicu- larly from the nosing of the step, and every balcony and landing in connection with an exterior stairway of an hotel shall have an iron railing not less than three feet in height on all sides. New.
8. Every passageway in an hotel leading to an exit door or stairway shall be not less than three feet in width and the walls and ceiling thereof shall be surfaced with plaster, plaster board or other incombustible material unless it is protected with an automatic sprinkler system. New.
to^stair^*^*^ 9. The approaches to every stairway in an hotel shall be
ways. unobstructed and shall not be through a room used as a
bedroom or bathroom or for any purpose that may obstruct
Passage- ways.
144
free passage, and no such approach shall be veiled from open view by any ornamentation, curtain or other thing. R.S.O. 1937, c. 320, s. 4 (1), amended.
10. Rotating doors may be installed in hotels at exterior Rotating entranceways only and shall be collapsible and flanked within ***'°'^" fifteen feet by one or more doors that open outwards and that have a total width of not less than forty-four inches.
11- — (1) Every exit sign in an hotel shall have the word Exit signs. "EXIT" displayed in block letters not less than six inches in height and coloured white on a red background or coloured red on a contrasting background, provided that luminous signs of equivalent visibility may be used in lieu thereof.
(2) Where electricity is available, every exit sign in an hotel Electric shall be illuminated during the night by an electric lamp sup- ^^^^ s^g^s. plied from a circuit separate from the domestic electric system. R.S.O. 1937, c. 320, s. 5 (1), amended.
(3) Every hotel shall have an exit sign placed above or Location of beside every exit door and every exit window so as to be ®^'* signs, clearly visible. New.
12. Every hotel shall display signs in such manner and in Directional such locations as the inspector may order indicating the^'^"^" directions of travel to reach the exits. R.S.O. 1937, c. 320,
s. 5 (2), amended.
13. Every hotel shall display in each bedroom a floor Notices to plan showing the location of the exits and indicating the in each ^^^ directions of travel to reach them and also a notice giving ''®'^''''°'"' the fire safety rules of the hotel. R.S.O. ,1937, c. 320, s. 5 (3), amended.
14. Every exterior stairway, balcony, landing, exit door gxits to be and exit window shall be kept free at all times from obstruc- ^^p* °'®^''- tions including ice and snow. R.S.O. 1937, c. 320, s. 6,
part, amended.
15. Every elevator shaft in an hotel shall be fully enclosed Elevator ^ ■ with incombustible materials and the top thereof shall be doors.
equipped with heat-actuated vents, and every elevator door shall be of metal and wired glass without openings. New.
16. Every boiler or furnace room in an hotel shall be of Boiler and fire-resistive construction and shall be equipped with fircrooms^.® doors. New.
WhfirG
17 Everv hotel not completely equipped with an auto- watchmen
^ to be em-
ployed.
144
matic sprinkler system or a heat-actuated fire detection system and containing twenty or more bedrooms above the first storey shall have a watchman on duty from ten o'clock each night until six o'clock the following morning, and every watchman shall be equipped with a w^atchman's clock and he shall make a round of the hotel at least once every hour during his duty period. R.S.O. 1937, c. 320, s, 8, amended.
Where Are fighters to be on duty.
18. Every hotel containing fifty or more bedrooms above the first storey shall have at least one adult male employee trained in fire fighting to the standard prescribed by the regulations on duty at all times within the hotel, provided that this section shall not apply where the hotel is in a muni- cipality that has a fire department and where the hotel is completely equipped with an automatic sprinkler system or a heat-actuated fire detection system connected electrically with an alarm in the fire department or with a central signal supervisory service. New.
Fire alarms. 19. Every hotel shall have a fire-alarm system capable of being heard throughout the hotel and of being operated from each floor and from the hotel office. New.
Smoke-proof barriers.
20. — (1) Every hotel not of fire-resistive construction shall have smoke-proof barriers in such locations as the inspector may order.
Power to require sprinkler systems.
(2) The inspector may make an order requiring an}' hotel not of fire-resistive construction that is four or more storeys in height and is in a city or that is three or more storeys in height and is in any other part of Ontario to have an auto- matic sprinkler system or a heat-actuated fire detection sys- tem. Neiv.
Duty to 21. When a fire is discovered in an hotel in a municipality
call fire , . /- , i , •
department, havmg a fire department, the manager or other person m charge shall immediately call the fire department. New.
powere'of 22. Where an inspector finds that any condition exists in
inspectors. ^^ hotel that makes the hotel specially liable to fire, he may
make an order directing the hotelkeeper to remedy the
condition. New.
inspecftor ^^- — ^^^ Where an inspector makes an order under this Act
he shall cause a copy of the order to be delivered to the hotel- keeper by personal service or by registered mail.
Right of appeal.
(2) If the hotelkeeper feels aggrieved by the order he may appeal within ten days from the service of the order to the Fire Marshal who shall examine the order and affirm, modify or revoke the same and cause a copy of his decision to be
144
7 delivered to the hotelkeeper by personal service or by registered
man
(3) If the hotelkeeper is dissatisfied with the decision of Right of the Fire Marshal, he may, within ten days from the service to coSrt!°" of the decision, apply by way of originating notice according
to the practice of the court, to the judge of the county or district court of the county or district in which the hotel is situate, for an order modifying or revoking the order, and the judge, upon such application, may affirm, modify or revoke the order and his decision shall be final.
(4) If an application to the county or district judge is not Failure to prosecuted by the hotelkeeper within thirty days from theapp1fcat*on. filing of the originating notice, the judge may dismiss the application at the request of the Fire Marshal. New.
24. — (1) Every hotelkeeper who operates an hotel that Penalties, does not conform with this Act and the regulations or who fails to comply with any order made by an inspector shall be guilty of an offence and shall upon summary conviction be liable to a penalty of not less than $25 and not more than $500, and, in addition, the court may order the hotel to be closed until it is made to conform with this Act and the regulations or \\\t\\ the order of the inspector.
(2) The conviction under this Act of any hotelkeeper shall Conviction not operate as a bar to further prosecution under this Act for further the continued failure on the part of such hotelkeeper to com- ° ^'^^®' ply with this Act and the regulations or the order of an inspector but such continuance shall constitute a new and separate offence. R.S.O. 1937, c. 320, s. 9, amended.
25. The Lieutenant-Governor in Council may appoint one inspectors.— or more inspectors to enforce this Act and the regulations, ^pp^'o*'
New.
26. The Lieutenant-Governor in Council may make Regulations, regulations, —
{a) requiring the submission of drawings and specifica- tions to the Fire Marshal for review and approval prior to the construction, alteration or remodelling of and additions to hotels;
(&) prescribing the mode of, and the materials to be used in, the construction, alteration or remodelling of and additions to hotels or any designated class thereof ;
(c) prescribing the mode of erection or installation of 144
8
stairways, balconies, fire walls, doors, windows, exits and fire-prevention, fire-protection and fire-alarm equipment in or outside of any hotel or any desig- nated class thereof, and the materials to be used therein ;
(d) prescribing the mode of the construction of heating, ventilating and air-conditioning systems in hotels or any designated class thereof;
r) regulating the location, arrangement and maintenance of places of public assembly in hotels or any desig- nated class thereof, and prescribing the mode of construction of such places;
(/) controlling or prohibiting exhibits and displays in hotels or any designated class thereof;
(g) controlling or prohibiting the use of flammable decorations, curtains and drapes in hotels or any designated class thereof ;
(h) prescribing the standards of housekeeping for hotels;
(i) prescribing a standard of training in fire-fighting for employees of hotels; and
0') generally for the better carrying out of this Act. 1941, c. 55, s. 14 (2), amended.
b^-iawlfnot ^'^- Nothing in this Act or the regulations shall affect any affected. by-law relating to the matters mentioned herein and lawfully passed by a municipal council, or the authority of a municipal council to pass any such by-law in so far as such by-law imposes additional or more stringent requirements than those con- tained in this Act. R.S.O. 1937, c. 320, s. 10, amended.
c!*32oT^*" 2^- ^^^ Hotel Fire Accidents Prevention Act and section 14 1941. c. 55, Qf 7^/jg Statute Law Amendment Act, 1941, are repealed.
repealed.
Short title. 29. T\\\s Act m2iy he cit^AsiS The Hotel Fire Safety Act, 1948 ,
144
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No. 144
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Hotel Fire Safety Act, 1948.
Mr. Blackwell
TORONTO I Printed and Published by Baptist Johnston
I Printer to the King's Most Excellent Majesty
No. 144 1948
BILL
The Hotel Fire Safety Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act, — interpre-
tation,—
(a) "fire door" means a hollow metal, metal-clad, sheet -flre door' metal, steel or two-ply tin-clad door that is auto- matic or self-closing;
(b) "Fire Marshal" means the Fire Marshal of Ontario; "Fire
Marshal";
(c) "fire-resistive construction" means construction in "Are
which, resistive
' construc-
tion";
(i) the exterior walls are wholly of brick, stone, concrete, hollow block, solid block or the equivalent,
(ii) the interior walls and partitions are made of incombustible materials,
(iii) the floors and their supports are made of incombustible materials other than the floor covering, which may be wood, and
(iv) the roofs are made of incombustible materials;
(d) "fire wall" means a partition wall of fire-resistive "Are wall"; construction extending from the ground to a point
three feet above the roof and in which all openings are protected by fire doors;
(e) "grade" means the average level of the ground next "grade";
to the building; New.
(j) "hotel" means any hotel, tavern, inn or public house "hotel"; in one building or in two or more connected or adjacent buildings used mainly for the purpose of
144
catering to the needs of the travelling public by supplying food and furnishing sleeping accommoda- tion of not less than ten bedrooms and includes all premises licensed under The Liquor Licence Act, 1946, but does not include premises commonly known as boarding houses and apartment houses; R.S.O. 1937, c. 320, s. 1, cl. (a), amended.
"incom- bustible";
(g) "incombustible" as applied to a material or com- bination of materials means steel, iron, brick, tile, concrete, slate, asbestos, wired glass, cement or gypsum plaster or other material that will not fuse, burn or disintegrate when exposed to a temperature of 1,000 degrees Fahrenheit for a period of one hour;
"inspector'
{h) "inspector' Act;
means an inspector appointed under this
'panic bolt"; (j^ "panic bolt" means a bolt or lock that can be opened
at all times from the inside by downward pressure on a bar or lever;
"regula- tions";
"self- closing";
ij) "regulations" mean regulations made under this Act;
ik) "self-closing" as applied to a door, window or other protection for an opening, means that such door, window or other protection is normally closed and will immediately return to the closed position when it is opened and released;
"smoke- proof";
(/) "smoke-proof" means constructed so as to prevent the rapid passage of smoke and flames; and
"storey*
(w) "storey" means that portion of a building between the top of any floor and the top of the next floor above it, or if there is no floor above it, that portion between the top of such floor and the ceiling above it, and the storey closest to grade having its ceiling more than six feet above grade shall be deemed to be the first storey. New.
What hotels to be ft re- resistive.
Require- ment for a Are wall.
2. — (1) Every hotel more than two storeys in height here- after constructed or remodelled, every addition more than two storeys in height hereafter made to any hotel, and every building more than two storeys in height hereafter converted for use as an hotel, shall be of fire-resistive construction.
(2) Where an addition is hereafter made to any hotel and either the addition or the hotel is not of fire-resistive con- struction, there shall be a fire wall between the addition and the hotel. Neiv.
144
3. — (1) There shall be not less than two stairway systems Minimum in or in connection with every hotel, located as far apart as To" Ttion of** possible and so as to provide not less than two independent''^'"'"**^*" means of egress for the occupants on each floor.
(2) Every stairway in or in connection with an existing hotel exfjun*^^ '" more than two storeys in height shall be fully enclosed and hotels"* smoke-proof, provided that an exterior iron stairway with balconies at each floor or a metal tubular or spiral fire-escape
may, with the written permission of the inspector be used in lieu of a fully enclosed and smoke-proof stairway.
(3) Every stairway in or in connection with, — stairways
in hotels hereafter
(a) an hotel more than two storeys in height hereafter ''"''*'■ constructed or remodelled ;
(6) an addition more than two storeys in height hereafter made to an hotel ; or
(c) a building more than two storeys in height hereafter converted for use as an .hotel,
shall be fully enclosed, smoke-proof and of fire-resistive construction.
(4) Notwithstanding subsections 2 and 3, any stairway Exception, extending only to the second or mezzanine storey in an hotel
of fire-resistive construction may be an open stairway.
(5) Every stairway from any portion of an hotel, other Minimum than from a place of public assembly, shall have a clear width ^'^rways of not less than twenty-two inches, and each step shall have
not less than a ten-inch tread and not more than an eight-inch rise except that, where structural difficulties exist, the inspector may give written permission for steps having not less than an eight-inch tread.
(6) Every stairway from any portion of an hotel used as a Minimum place of public assembly shall have a clear width of not less ^'^*|*|J^^^g than forty-four inches, and each step shall have at least a from place
, , , ..... of assembly.
ten-mch tread and not more than an eight-mch rise.
(7) Where in any hotel more than two storeys in height any where stair- stairway is located so as to require the users thereof to pass not give through a lobby or other place of public assembly in order to egress, reach the outside of the building, the inspector may make an
order requiring the lobby or other place of public assembly to be equipped with an automatic sprinkler system. New.
r Exterior
4. — (1) No exterior stairway or, — stairways
in hotels . . . hereafter
144 ~ built:
(a) an hotel more than two storeys in height hereafter constructed or remodelled;
(b) an addition more than two storeys in height hereafter
made to an hotel; or
(c) a building more than two storeys in height hereafter
constructed for use as an hotel,
shall extend more than five storeys above grade. New.
to ground. (2) Every exterior stairway of an hotel shall extend to the
ground, provided that the inspector may give written permis- sion for the bottom flight of such stairway to be counter- balanced. R.S.O. 1937, c. 320, s. 2 (2), amended.
WindowB and doors beneath exterior stairways.
5. — (1) Every window, except a first-storey display window, in an hotel beneath any portion of an exterior stairway or opening onto or within ten feet of an exterior stairway, shall be provided with wired glass and every door similarly located shall be metal-clad.
No other ■wall open- ings.
(2) There shall be no wall opening, other than a door or window, beneath or within ten feet of an exterior stairway of an hotel.
Doors and windows opening to stairways.
Balconies and landings.
Railings.
Passage- ways.
Approaches to stair- ways.
(3) Every door and window opening to a stairway in or in connection with an hotel shall be not less than thirty inches in width and shall be hinged to open outwards with the line of exit travel and equipped with panic bolts only. New.
6. The width of every balcony and landing in connection with a stairway in or in connection with an hotel shall be not less than the width of the door leading to it and shall have an area of not less than twelve square feet. R.S.O. 1937, c. 320, s. 3, amended.
7. Every exterior stairway shall have an iron railing not less than thirty-two inches in height, measured perpendicu- larly from the nosing of the step, and every balcony and landing in connection with an exterior stairway of an hotel shall have an iron railing not less than three feet in height on all sides. New.
8. Every passageway in an hotel leading to an exit door or stairway shall be not less than three feet in width and the walls and ceiling thereof shall be surfaced with plaster, plaster board or other incombustible material unless it is protected with an automatic sprinkler system. New.
9. The approaches to every stairway in an hotel shall be unobstructed and shall not be through a room used as a bedroom or bathroom or for any purpose that may obstruct
144
free passage, and no such approach shall be veiled from open view by any ornamentation, curtain or other thing. R.S.O. 1937, c. 320, s. 4 (1), amended.
10. Rotating doors may be installed in hotels at exterior uotating entranceways only and shall be collapsible and flanked within '"'°'"^' fifteen feet by one or more doors that open outwards and that have a total width of not less than forty-four inches.
New.
11- — (1) Every exit sign in an hotel shall have the word Exit signs. "EXIT" displayed in block letters not less than six inches in height and coloured white on a red background or coloured red on a contrasting background, provided that luminous signs of equivalent visibility may be used in lieu thereof.
(2) Where electricity is available, every exit sign in an hotel Electric shall be illuminated during the night by an electric lamp sup- ^^' ^'^'^^* plied from a circuit separate from the domestic electric system. R.S.O. 1937, c. 320, s. 5 (1), amended.
(3) Every hotel shall have an exit sign placed above or Location of beside every exit door and every exit window so as to be ®'''* signs, clearly visible. New.
12. Every hotel shall display signs in such manner and in Directional such locations as the inspector may order indicating the^'^'*^" directions of travel to reach the exits. R.S.O. 1937, c. 320,
s. 5 (2), amended.
13. Every hotel shall display in each bedroom a floor Notices to plan showing the location of the exits and indicating the in each directions of travel to reach them and also a notice giving*^® room, the fire safety rules of the hotel. R.S.O. 1937, c. 320, s. 5 (3), amended.
14. Every exterior stairway, balcony, landing, exit door Exits to be and exit window shall be kept free at all times from obstruc- '^^p* °'®*'"- tions including ice and snow. R.S.O. 1937, c. 320, s. 6,
part, amended.
15. Every elevator shaft in an hotel shall be fully enclosed Elevator ^ with incombustible materials and the top thereof shall be doors, equipped with heat-actuated vents, and every elevator door
shall be of metal and wired glass without openings. New.
16. Every boiler or furnace room in an hotel shall be of BoUerand fire-resistive construction and shall be equipped with fire rooms, doors. New.
17 Everv hotel not completely equipped with an auto- watchmen
-' to be em-
ployed.
144
iiiatic si)rinkler s\steni or a heat-actuated fire dcii ( lirui -\ Ttcm and coiUaininji twenty or more bedrooms above the hrsi hton \ shall have a watchman on duty from ten o'clock each iiiuhi until six o'clock the followinj^^ nioi iiiiiL', .md every watchman shall be equipped with a watchman's clock and he shall make a round of the hotel at least once every hour during his duty period. R.S.O. 1937, c. 320, s. 8, amended.
Where Are fighters to be on duty
18. Kvery hotel containing fifty or more hdlrooms above the first storey shall have at least one achih male employee trained in fire fighting to the standard i)rescribed by the regulations on duty at all times within the hotel, provided that this section shall not apply where the hotel is in a muni- cipality that has a fire department and where the hotel is completely equipped with an automatic sprinkler s>-stem or a heat-actuated fire detection system connccied elect ricallx" with an alarm in the fire department or with a central signal supervisory service. New.
Fire alarms. 19. Every hotel shall have a fire-alarm system capable of being heard throughout the hotel and of being operated from each floor and from the hotel office. New.
Smoke-proof barriers.
20.— (1) Every hotel not of fire-resistive construction shall have smoke-proof barriers in such locations as the inspector may order.
Power to require sprinkler systems.
(2) The inspector may make an order requiring any hotel not of fire-resistive construction that is four or more storeys in height and is in a city or that is three or more storeys in height and is in any other part of Ontario to have an auto- matic sprinkler system or a heat-actuated fire detection sys- tem. .New.
Duty to 21. When a fire is discovered in an hotel in a municipality
call flre , . /- , , i •
department, having a fire department, the manager or other person in
charge shall immediately call the fire department. New.
powera of 22. Where an inspector finds that any condition exists in
inspectors, ^^i hotel that makes the hotel specially liable to fire, he may
make an order directing the hotelkeeper to remed} ilie
condition. New.
Orders of 23. — (1) Where an inspector makes an order under this Act
inspector. ^ ' , , i i i- i i i
he shall cause a copy of the order to be delivered to the hotel- keeper by personal service or by registered mail.
Right of appeal.
(2) If the hotelkeeper feels aggrieved by the order he may appeal within ten days from the service of the order to the Fire Marshal who shall examine the order and aflfirm, modify or revoke the same and cause a copy of his decision to be
144
delivered to the hoielkccper 1)\ {HTsonal service or 1)\ rcuistcrcd mail.
(3) If the hotelkeeper is dissatisfied with ihc (jci^ion , the Fire Marshal, he ina>-, within ten (Kns from the sci\i(^ of the decision, apph- h\- \va\- of originating notice according to the practice of the court, to the judge of the count \- or district court of the county or district in which the hotel is situate, for an order modifying or revoking the order, and the judge, upon such application. nia\- affirni. niodif\ or rc\ the order and his decision shall be final.
()!.<■
(4) If an application to the county or district judye is not Failure to prosecuted by the hotelkeeper within thirty days from theapplfcaUon. filing of the originating notice, the judge ma\- dismiss the application at the request of the Fire Marshal. Xeiv.
24. — (1) Every hotelkeeper who operates an hotel that Penalties, does not conform with this Act and the regulations or who fails to comply with an\- order made by an inspector shall be guilt\' of an offence and shall upon summar>- conviction be liable to a penalty of not less than $25 and not more than S5()0, and, in addition, the court may order the hotel to be closed until it is made to conform with this Act and the regulations or with the order of the inspector.
(2) The conviction under this Act of any hotelkeeper shall Conviction not operate as a bar to further prosecution under this Act for further the continued failure on the part of such hotelkeeper to com-° ^^^^' ply with this Act and the regulations or the order of an inspector but such continuance shall constitute a new and separate offence. R.S.O. 1937, c. 320, s. 9, amended.
25. The Lieutenant-Governor in Council may appoint one inspectors,- or more inspectors to enforce this Act and the regulations. ^fgP*^'"^"
New.
26. The Lieutenant-Governor in Council ma>- make Regulations regulations, —
(a) requiring the submission of drawings and sjiecifica-
tions to the Fire Marshal for re\iew and api)ro\al prior to the construction, alteration or remodelling of and additions to hotels;
(b) prescribing the mode of, and the materials to be
used in, the construction, alteration or remodelling of and additions to hotels or any designated class thereof ;
(c) prescribing the mode of erection or installation of 144
8
stairways, balconies, fire walls, doors, windows, exits and fire-prevention, fire-protection and fire-alarm equipment in or outside of any hotel or any desig- nated class thereof, and the materials to be used therein ;
{d) prescribing the mode of the construction of heating, ventilating and air-conditioning systems in hotels or any designated class thereof;
{e) regulating the location, arrangement and maintenance of places of public assembly in hotels or any desig- nated class thereof, and prescribing the mode of construction of such places;
(/) controlling or prohibiting exhibits and displays in hotels or any designated class thereof;
(g) controlling or prohibiting the use of flammable decorations, curtains and drapes in hotels or any designated class thereof;
{h) prescribing the standards of housekeeping for hotels;
{i) prescribing a standard of training in fire-fighting for employees of hotels ; and
(j) generally for the better carrying out of this Act. 1941, c. 55, s. 14 (2), amended.
by-iawl^not ^'^- Nothing in this Act or the regulations shall affect any affected. by-law relating to the matters mentioned herein and lawfully passed by a municipal council, or the authority of a municipal council to pass any such by-law in so far as such by-law imposes additional or more stringent requirements than those con- tained in this Act. R.S.O. 1937, c. 320, s. 10, amended.
c^®32oT'^*" ^^' ^^^ Hotel Fire Accidents Prevention Act and section 14 1941. c. 55, of The Statute Law Amendment Act, 1941, are repealed.
repealed.
Short title. 29. This Act may be cited as The Hotel Fire Safety Act, 1948.
144
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No. 145
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Lightning Rods Act, 1948.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
This is the first general revision of this Act which was passed in 1921.
The purpKJse of both the old and the new Act is to control and regulate the sale and installation of lightning rods.
The Bill is based on the same principles as the present Act. Its provisions are self-explanatory.
145
No. 145 1948
BILL
The Lightning Rods Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —
1. In this Act,— KX-
(a) "Fire Marshal" means the Fire Marshal of Ontario; ^^|:|^gj„.
(b) "inspector" means an inspector appointed under this "inspector"; Act;
(c) "lightning rods" means the points, cables, groundings "liRhtning
and other apparatus installed or to be installed to protect buildings and structures from damage by lightning;
(d) "regulations" mean regulations made under thisj^j^^es^.l*- Act; and
(e) "Treasurer" means Treasurer of Ontario. R.S.O. "treasurer"
1937, c. 331, s. 1, amended.
2. No person shall offer for sale, sell or install lightning sellers, etc.. rods unless licensed to do so by the Fire Marshal under thisrods^tob'e*^ Act. R.S.O. 1937, c. 331, s. 2, amended. licensed.
3. — (1) Upon receipt of, — Power to
^ ^ ' license.
(a) an application on the prescribed form for a licence to
offer for sale, sell and install lightning rods containing a sworn statement of the amount received from the sale of lightning rods in Ontario during the previous licence year and a statement of the specifications of the lightning rods to be offered for sale, sold and installed during the licence year;
(b) a licence fee computed at four-fifths of one per
centum of the amount received from the sale of
145
What may be sold, etc.
lightning rods in Ontario during the preceding licence year, and in addition the sum of $50, payable to the Treasurer; and
(c) samples of the lightning rods to be offered for sale, sold and installed during the licence year, or such parts thereof as may be required by the Fire Marshal,
the Fire Marshal, if he is satisfied that the applicant is entitled to public confidence, may issue to the applicant a licence to offer for sale, sell and install lightning rods, and such licence shall remain in force until the 31st day of December next after the date of issuance unless it is sooner suspended or revoked. R.S.O. 1937, c. 331, s. 5 (1), amended.
(2) No licensee under this section shall offer for sale, sell or install lightning rods other than those in respect of which the licence was issued. New.
Agents. 4 — (1) Upon receipt of, —
(a) an application on the prescribed form from a licensee under section 3 for a licence for the person named therein, who shall be a resident of Ontario, to act as an agent of such licensee containing a statement in writing from the person named therein giving the address of his place of residence and place of business, his experience in connection with lightning rods, and his financial standing with any licensee under section 3 for whom he has acted as agent; and
{h) a licence fee of $3 payable to the Treasurer,
the Fire Marshal, if he is satisfied that the person named is entitled to public confidence, may issue a licence to him to act as agent for the licensee, and such licence shall remain in force until the 31st day of December next after the date of issuance unless it is sooner suspended or revoked. R.S.O. 1937, c. 331, s. 6 (1), amended.
What may be sold, etc. by agents.
(2) No licensed agent shall offer for sale, sell or install lightning rods other than those in respect of which his principal is licensed. R.S.O. 1937, c. 331, s. 6 (2), amended.
Power to 5 xhe Fire Marshal may, after a hearing, suspend or
suspend ^' •ii-a u
and revoke revoke a licence for non-compliance with this Act or the
licences. regulations. R.S.O. 1937, c. 331, s. 5 (2), amended.
Duty to
exhibit
licence.
6. Every person offering for sale, selling or installing lightning rods shall exhibit his licence, —
145
(a) to every person to whom he offers to sell or sells, or for whom he installs lightning rods; and
(b) upon demand to any mayor, reeve, fire chief, district deputy fire marshal, assistant to the Fire Marshal, fire prevention officer or police officer. R.S.O. 1937,' c. 331, s. 7, part, amended.
7.— (1) Every person who installs lightning rods on any Certificate of buildmg or structure shall, upon completion of the work, "^*^"^"°'- make a certificate of installation in triplicate on the prescribed form showing, —
(a) his name, address and licence number and where he is an agent, the name, address and licence number of his principal ;
(b) the name and address of the owner of the building or structure ;
(c) the location of the building or structure;
(d) a diagram of the building or structure marking the
location of each grounding;
(e) the nature and condition of the soil at each grounding;
(/) the method of each grounding, and
certifying that the facts shown are true and that the instal- lation has been made in accordance with this Act and the regulations, and after signing he shall present the certificate for the signature of the owner or his agent to confirm that the nature and condition of the soil and the method of each grounding are as described.
(2) Every person who makes a certificate of installation Disposal of shall give a copy thereof to the owner or his agent and forward °°^'®®' a copy to the Fire Marshal. R.S.O. 1937, c. 331, s. 7, part, amended.
8. Every person who fails to comply with this Act and Penalties the regulations shall be guilty of an offence and on summary to comply conviction shall be liable to a penalty of not more than $200 or to imprisonment for a term of not more than six months for each offence, or to both fine and imprisonment. R.S.O. 1937, c. 331, s. 8, amended.
9. — (1) Where upon inspection an installation of lightning Non- rods is found not to conform with this Act and the regulations, installations, the licensee under section 3 who made the installation shall
145
Conforming installations.
Right to recover for loss.
within sixty days from the receipt of the inspector's report or such further period as may be allowed by the Fire Marshal, make such alterations or additions thereto as the inspector considers necessary to make the installation conform with this Act and the regulations, but this subsection shall not apply where the installation is found not to so conform by reason of alterations or additions made thereto or to the building or structure other than by the licensee. R.S.O. 1937, c. 331, s. 9 (2), part, amended.
(2) Where upon inspection an installation of lightning rods is found to conform with this Act and the regulations, the inspector may attach a seal indicating that the installation is at the time of the inspection in conformity with this Act and the regulations. New.
10. — (1) Where lightning rods that were installed on a building or structure by a licensed person have been installed for less than ten years and the owner thereof has suffered loss by reason of damage by lightning to the'lightning rods, building or structure, and where no alterations or additions or repairs that affect the proper operation of the lightning rods have been made to the lightning rods or to the building or structure by persons other than the licensee, the owner may bring an action against the licensee for recovery of the amount of loss, not exceeding the total cost of the installation.
Notice of claim ; commence- ment of action.
(2) Notice of any such claim shall be given to the licensee within a period of thirty days after the loss was suffered, and the action shall be commenced not less than sixty days and not more than one year after the loss was suffered. R.S.O. 1937, c. 331, s. 10, amended.
of licence fees.
11. Licence fees paid to the Treasurer under this Act
" shall be added to the special fund for the maintenance of the
office of the Fire Marshal. R.S.O. 1937, c. 331 , s. 1 1 , amended.
Inspectors. 12. The Lieutenant-Govemor in Council may appoint one or more inspectors to enforce this Act and the regulations. New.
of^Act.^*'°'^ 13. This Act shall not apply to the installation of lightning rods on any building or structure by the owner or occupant of the building or structure where he himself does the work, or the work is done by his employee or employees under his direction. R.S.O. 1937, c. 331, s. 13, amended.
Regulations. ^4 fhe Lieutenant-Governor in Council may make regu- lations,—
(a) prescribing minimum standards for lightning rods; 145
5
(b) governing the manner of installing lightning rods;
(c) designating buildings or structures or classes of build-
ings or structures to which this Act shall not apply; and
(d) prescribing the form of,
(i) the application for a licence to offer for sale, sell and install lightning rods,
(ii) the licence to offer for sale, sell and install lightning rods,
(iii) the application for a licence to act as an agent to offer for sale, sell and install lightning rods,
(iv) the licence to act as agent to offer for sale, sell and install lightning rods,
(v) the certificate of installation of lightning rods,
(vi) the report of the inspector mentioned in subsection 1 of section 9, and
(vii) the seal mentioned in subsection 2 of section 9. R.S.O. 1937, c. 331, s. 12, amended.
15. The Lightning Rod Act and section 22 of The Statutef^^^^^^^- Law Amendment Act, 1943, are repealed. i9|3. o^28.
pealed.
16. This Act may be cited as The Lightning Rods Act, 1948. short title.
145
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No. 145
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Lightning Rods Act, 1948.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 145 1943
BILL
The Lightning Rods Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: —
1 In this Act — Interpre-
X. Ill LH1& rvcL, tation, —
{a) 'Tire Marshal" means the Fire Marshal of Ontario: IT^e ,,.
' Marshar ;
(6) "inspector" means an inspector appointed under this "inspector"; Act;
(c) "lightning rods" means the points, cables, groundings "lightning and other apparatus installed or to be installed to^° ° ' protect buildings and structures from damage by lightning;
{d) "regulations" mean regulations made under this "reKM!^' Act; and
{e) "Treasurer" means Treasurer of Ontario. R.S.O. "Treasurer" 1937, c. 331, s. 1, amended.
2. No person shall offer for sale, sell or install lightning sellers, etc.. rods unless licensed to do so by the Fire Marshal under thisrods^to'be^ Act. R^.O. 1937, c. 331, s. 2, amended. licensed.
3. — (1) Upon receipt of, — Power to
license.
(a) an application on the prescribed form for a licence to offer for sale, sell and install lightning rods containing a sworn statement of the amount received from the sale of lightning rods in Ontario during the previous licence year and a statement of the specifications of the lightning rods to be oflFered for sale, sold and installed during the licence year;
(Jb) a licence fee computed at four-fifths of one per centum of the amount received from the sale of
145
lightning rods in Ontario during the preceding licence year, and in addition the sum of $50, payable to the Treasurer; and
(c) samples of the lightning rods to be offered for sale, sold and installed during the licence year, or such parts thereof as may be required by the Fire Marshal,
the Fire Marshal, if he is satisfied that the applicant is entitled to public confidence, may issue to the applicant a licence to offer for sale, sell and install lightning rods, and such licence shall remain in force until the 31st day of December next after the date of issuance unless it is sooner suspended or revoked. R.S.O. 1937, c. 331, s. 5 (1), amended.
What may be sold, etc.
(2) No licensee under this section shall offer for sale, sell or install lightning rods other than those in respect of which the licence was issued. New.
Agents.
4. — (1) Upon receipt of,-
(a) an application on the prescribed form from a licensee under section 3 for a licence for the person named therein, who shall be a resident of Ontario, to act as an agent of such licensee containing a statement in writing from the person named therein giving the address of his place of residence and place of business, his experience in connection with lightning rods, and his financial standing with any licensee under section 3 for whom he has acted as agent; and
(6) a licence fee of $3 payable to the Treasurer,
the Fire Marshal, if he is satisfied that the person named is entitled to public confidence, may issue a licence to him to act as agent for the licensee, and such licence shall remain in force until the 31st day of December next after the date of issuance unless it is sooner suspended or revoked. R.S.O. 1937, c. 331, s. 6 (1), amended.
be^8o*d"etc ^^^ ^'^ licensed agent shall offer for sale, sell or install
by agents, lightning rods other than those in respect of which his principal
is licensed. R.S.O. 1937, c. 331, s. 6 (2), amended.
8U8Dend° ^' ^^^ ^^^^ Marshal may, after a hearing, suspend or
revoke a licence for non-compliance with this Act or the
isp and revoke licences.
regulations. R.S.O. 1937, c. 331, s. 5 (2), amended.
Duty to
exhibit
licence.
6. Every person offering for sale, selling or installing lightning rods shall exhibit his licence, —
145
(a) to every person to whom he offers to sell or sells, or for whom he installs lightning rods; and
(b) upon demand to any mayor, reeve, fire chief, district deputy fire marshal, assistant to the Fire Marshal, fire prevention officer or police oflficer. R.S.O. 1937,' c. 331, s. 7, part, amended.
7. — (1) Every person who installs lightning rods on any certificate of building, or structure shall, upon completion of the workV"^*^"^"°'" make a certificate of installation in triplicate on the prescribed form showing, —
(a) his name, address and licence number and where he is an agent, the name, address and licence number of his principal ;
(b) the name and address of the owner of the building or
structure;
(c) the location of the building or structure;
(d) a diagram of the building or structure marking the
location of each grounding;
(e) the nature and condition of the soil at each grounding;
(/) the method of each grounding, and
certifying that the facts shown are true and that the instal- lation has been made in accordance with this Act and the regulations, and after signing he shall present the certificate for the signature of the owner or his agent to confirm that the nature and condition of the soil and the method of each grounding are as described.
(2) Every person who makes a certificate of installation Disposal of shall give a copy thereof to the owner or his agent and forward a copy to the Fire Marshal. R.S.O. 1937, c. 331, s. 7, part, amended.
8. Every person who fails to comply with this Act and ^^^flU^ the regulations shall be guilty of an offence and on summary to comply conviction shall be liable to a penalty of not more than $200 or to imprisonment for a term of not more than six months for each offence, or to both fine and imprisonment. R.S.O. 1937, c. 331, s. 8, amended.
9. — (1) Where upon inspection an installation of lightning Non-
■, . \ , r-11-A II 1- conforming
rods IS found not to conform with this Act and the regulations, installations, the licensee under section 3 who made the installation shall
145
Conforming installations
within sixty clays from the receipt of the inspector's report or such further period as may be allowed by the Fire Marshal, make such alterations or additions thereto as the inspector considers necessary to make the installation conform with this Act and the regulations, but this subsection shall not apply wlure tlie installation is found not to so conform by reason of alterations or additions made thereto or to the building or structure other than by the licensee. R.S.O. 1937, c. 331, s. 9 (2), part, amended.
(2) Where upon inspection an installation of lightning rods is found to conform with this Act and the regulations, the inspector may attach a seal indicating that the installation is at the time of the inspection in conformity with this Act and the regulations. New.
Right to recover for loss.
10. — (1) Where lightning rods that were installed on a building or structure by a licensed person have been installed for less than ten years and the owner thereof has suffered loss by reason of damage by lightning to the lightning rods, building or structure, and where no alterations or additions or repairs that affect the proper operation of the lightning rods have been made to the lightning rods or to the building or structure by persons other than the licensee, the owner may bring an action against the licensee for recovery of the amount of loss, not exceeding the total cost of the installation.
Notice of claim; commence- ment of action.
(2) Notice of any such claim shall be given to the licensee within a period of thirty days after the loss was suffered, and the action shall be commenced not less than sixty days and not more than one year after the loss was suffered. R.S.O. 1937, c. 331, s. 10, amended.
Application of licence fees.
11. Licence fees paid to the Treasurer under this Act shall be added to the special fund for the maintenance of the ofifice of the Fire Marshal. R.S.O. 1937, c. 331, s. 11, amended.
Inspectors. \2t. The Lieutenant-Govemor in Council may appoint one or more inspectors to enforce this Act and the regulations.
New.
Application of Act.
13. This Act shall not apply to the installation of lightning rods on any building or structure by the owner or occupant of the building or structure where he himself does the work, or the work is done by his employee or employees under his direction. R.S.O. 1937, c. 331, s. 13, amended.
Regulations. 14, fhe Lieutenant-Governor in Council may make regu- lations,—
(a) prescribing minimum standards for lightning rods; 145
5 (&) governing the manner of installing lightning rods;
(c) designating buildings or structures or classes of build-
ings or structures to which this Act shall not apply; and
(d) prescribing the form of,
(i) the application for a licence to offer for sale, sell and install lightning rods,
(ii) the licence to offer for sale, sell and install lightning rods,
(iii) the application for a licence to act as an agent to offer for sale, sell and install lightning rods,
(iv) the licence to act as agent to offer for sale, sell and install lightning rods,
(v) the certificate of installation of lightning rods,
(vi) the report of the inspector mentioned in subsection 1 of section 9, and
(vii) the seal mentioned in subsection 2 of section 9. R.S.O. 1937, c. 331, s. 12, amended.
15. The Lightning Rod Act and section 22 of The 5/a/M/e ^ev^^stat., Law Amendment Act, 1943, are repealed. i943, c^28.
pealed.
• 16. This Act may be cited as The Lightning Rods Act, 1948. short title.
145
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No. 146
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Crown Timber Act.
Mr. Scott
T O R O NT O
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes Section 1. Section 2a of the Act is new. It is self-explanatory.
Section 2. The sections of the present Act that deal with manu- facturing conditions are re-enacted. The new provisions are self- explanatory.
146
No. 146 1948
BILL
An Act to amend The Crown Timber Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Croun Timber Act is amended bv adding thereto the^®o^» ^^^-
lOllowmg section: amended.
2a. — (1) Notwithstanding anything contained in anv P'*^®'" '■<'
1 •!* • ^,.^ .. increase or
general or special Act or in any Order-in-Council or decrease regulation made pursuant thereto or in any license, ch^g^. lease, agreement, permit or other document under which the right to cut any kind or class of timber is claimed or exercised, the Lieutenant-Governor in Council may make regulations increasing or decreas- ing the Crown dues payable in respect of any kind or class of timber and increasing or decreasing the annual ground rent and fire protection charge payable in respect of any timber berth or limit or concession area to take effect at a time to be specified in such regulations.
(2) Where by the terms of an\' license, lease, agreement, idem, permit or other docum;ent under which the right to cut any kind or class of tim.ber is claimed or exercised, a price is fixed for any kind or class of timber and such price is stated to be inclusive of Crown dues or a price is fixed without reference to Crown dues, such price shall be deemed to be increased or de- creased from time to time, as the case may be, by the amount whereby Crown dues may be increased or decreased under subsection 1 .
2. Section 4, section 5 as amended by section 2 of The^^^- stat..
• 111 '
Crown Timber Amendment Act, 1947, section 6 as amended byes. 4. 5. 6, 7.
section 2 of The Crown Timber Amendment Act, 7PJP, and sections ss. 8. 9.
7, 8 and 9 of The Crown Timber Act are repealed and the™'^*
following substituted therefor:
146
Manufac-
turinsr
conditions.
All licenses, leases, agreements, permits or other documents heretofore or hereafter granted or made under which the right exists to cut any kind or class of timber on the ungranted public lands, or on patented lands where the timber on them remains the property of the Crown, shall be subject to the manu- facturing conditions set out in the Schedule.
Suspension of manu- facturing conditions.
5. The Lieutenant-Governor in Council may suspend the operation of one or more of the manufacturing con- ditions for such period as to him may seem proper, and as to an>' district or districts which he may define so as to permit the exportation of any kind or class of timber in an unmanufactured or partially manu- factured state during such period, and from such district or districts.
Regulations. 6. The Lieutenant-Governor in Council may make such
regulations as may be necessary to enable the Minister to carry into effect the object and intent of the manufacturing conditions.
Penalties.
7. The Lieutenant-Governor in Council may prescribe penalties that may be imposed for contravention of any of the manufacturing conditions.
Rev. Stat. c. 36, amended.
3. The Crown Timber Act is amended by adding thereto the following heading and section:
wasti:ful forest practices.
Wasteful forest practices forbidden.
Regulations.
17. — (1) No person shall commit wasteful practices in forest operations.
(2) The Lieutenant-Governor in Council may make regulations, —
(a) defining wasteful practices in forest operations; and
{b) prescribing the penalties that may be imposed for contravention of any regulation made under this section.
Recovery of penalties.
(3) The penalties provided for by this section shall be recoverable at the suit of and in the name of the Minister in any court of competent jurisdiction.
4. Section 34 of The Crown Timber Act is amended by
Rev. Stat.. C. 36 R. .^4
amended. ' inserting after the word "Regulations" in the second line the
146
Section 3. This section, which deals with wasteful forest practices, IS new. It is self-explanatory.
Section 4. The penalties imposed for wasteful forest practices are recoverable by suit in court (see section 3 of the Bill) and not under The Summary Convictions Act. The words added provide for this exception.
146
Section 5. The new Schedule deals with all Crown timber.
146
words "except the Regulations made pursuant to section 17", so that the said section shall now read as follows:
34. The penalties imposed by or under the authority of penaitf^^. °' this Act or of the Regulations, except the Regulations made pursuant to section 17, shall be recoverable j^^^ under The Summary Convictions Act. o. i36.
5. Schedules A, B and C to The Crown Timber Act areRev. stat,,
c. 36
repealed and the following substituted therefor: s'cheds.
A. B. c. repealed. Sched. enacted.
SCHEDULE
Manufacturing Conditions.
1. All timber that may be cut under the authority of The Crown
Timber Act shall, except as hereinafter provided, be manufac- tured in Canada.
2. Felling and cutting trees into lengths shall not be deemed to be
manufacturing within the meaning of these conditions.
5. Timber that is used in Canada in an unmanufactured state for fuel, building or other purposes shall not be subject to these conditions.
6. This Act may be cited as The Croiun Timber Amendment Short title. Act, 1948.
146
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No. 146
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Crown Timber Act.
Mr, Scott
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 146 1948
BILL
An Act to amend The Crown Timber Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Crown Timber Act is amended by adding thereto the J^^e.^*^**'
following section: amended.
2a. — (1) Notwithstanding anything contained in any Power to
^ ' -lA • r^ • increase or
general or special Act or m any Order-m-Council or decrease
, . , , . ,, dues and
regulation made pursuant thereto or in any license, charges, lease, agreement, permit or other document under which the right to cut any kind or class of timber is claimed or exercised, the Lieutenant-Governor in Council may make regulations increasing or decreas- ing the Crown dues payable in respect of any kind or class of timber and increasing or decreasing the annual ground rent and fire protection charge payable in respect of any timber berth or limit or concession area to take effect at a time to be specified in such regulations.
(2) Where by the terms of any license, lease, agreement, idem, permit or other document under which the right to cut any kind or class of timber is claimed or exercised, a price is fixed for any kind or class of timber and such price is stated to be inclusive of Crown dues or a price is fixed without reference to Crown dues, such price shall be deemed to be increased or de- creased from time to time, as the case may be, by the amount whereby Crown dues may be increased or decreased under subsection L
2. Section 4, section 5 as amended by section 2 of The'^^^^^^^^- Crown Timber Amendment Act, 1947, section 6 as amended by^- ^^'^^-^e^^- section 2 of The Crown Timber Amendment Act, 1939, and «8. 8^9^ sections 7, 8 and 9 of The Crown Timber Act are repealed ''®''®* ® and the following substituted therefor:
146
Manufac- turing conditions.
4. All licenses, leases, agreements, permits or other documents heretofore or hereafter granted or made under which the right exists to cut any kind or class of timber on the ungranted public lands, or on patented lands where the timber on them remains the property of the Crown, shall be subject to the manu- facturing conditions set out in the Schedule.
Suspension of manu- facturing conditions.
5. The Lieutenant-Governor in Council may suspend the operation of one or more of the manufacturing con- ditions for such period as to him may seem proper, and as to any district or districts which he may define so as to permit the exportation of any kind or class of timber in an unmanufactured or partially manu- factured state during such period, and from such district or districts.
Regulations. 5 Yhe Lieutenant-Governor in Council may make such
regulations as may be necessary to enable the Minister to carry into effect the object and intent of the manufacturing conditions.
Penalties.
7. The Lieutenant-Governor in Council may prescribe penalties that may be imposed for contravention of any of the manufacturing conditions.
Rev. Stat., 0. 36. amended.
3. The Crown Timber Act is amended by adding thereto the following heading and section:
WASTEFUL FOREST PRACTICES.
Wasteful forest practices forbidden.
Regulations.
17. — (1) No person shall commit wasteful practices in forest operations.
(2) The Lieutenant-Governor in Council may make regulations, —
(a) defining wasteful practices in forest operations;
and
(b) prescribing the penalties that may be imposed
for contravention of any regulation made under this section.
Recovery of penalties.
(3) The penalties provided for by this section shall be recoverable at the suit of and in the name of the Minister in any court of competent jurisdiction.
^^^A ^*\'v 4. Section 34 of The Crown Timber Act is amended by amended. inserting after the word "Regulations" in the second hne the
146
words "except the Regulations made pursuant to section 17", so that the said section shall now read as follows:
34. The penalties imposed by or under the authority of p *naitfe8^ °' this Act or of the Regulations, except the Regulations made pursuant to section 17, shall be recoverable j^ under The Summary Convictions Act. c. la'e.
5. Schedules A, B and C to The Crown Timber Act areRev. stat..
c. 36
repealed and the following substituted therefor: s'cheds.
repealed;
Sched.
enacted.
SCHEDULE.
Manufacturing Conditions.
1. All timber that may be cut under the authority of The Crown
Timber Act shall, except as hereinafter provided, be manufac- tured in Canada.
2. Felling and cutting trees into lengths shall not be deemed to be
manufacturing within the meaning of these conditions.
3. Timber that is used in Canada in an unmanufactured state for
fuel, building or other purposes shall not be subject to these conditions.
6. This Act may be cited as The Crown Timber Amendment ^^ort title. Act, 1948.
146
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No. 147
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act^to amendlThe Race Tracks Tax Act, 1939.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
The effect of the deletion of the proviso is that the rate of the tax may be changed at any time.
147
No. 147 1948
BILL
An Act to amend The Race Tracks Tax Act, 1939.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 3 of The Race Tracks Tax Act, 1939, is amended 1939.
by striking out the words "provided that the rate of the tax ame^ndec?.' shall not be changed in any calendar year after the commence- ment of the first race meeting in such year at which a pari- mutual system is operated" at the end thereof, so that the said section shall now read as follows:
3. Every holder of a winning ticket issued under the pari- Tax on beta mutual system upon a race run at any race meeting on racing, shall pay a tax at the rate of five per centum or such other rate as the Lieutenant-Governor in Council may prescribe upon the amount which would be payable to him if no percentage were deducted or retained by the person holding the race meeting in respect of such race, and the said tax shall be col- lected by the person holding the race meeting as the agent of the Treasurer by deducting from the total amount bet or wagered upon such race, a sum equal to five per centum or such other rate as may be prescribed of the amount so bet or wagered, and such sum shall be paid over to the Treasurer at the close of each day's racing.
2. This Act shall come into force on the day upon which itcommence- receives the Royal Assent.
3. This Act may be cited as The Race Tracks Tax Amend- ^^^^^ *'"«• ment Act, 1948.
147
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No. 147
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Race Tracks Tax Act, 1939.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 147 194g
BILL
An Act to amendfThe Race Tracks Tax Act, 1939.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 3 of The Race Tracks Tax Act, 1939, is amended 1939.
by striking out the words "provided that the rate of the tax ame^ndecf.' shall not be changed in any calendar year after the commence- ment of the first race meeting in such year at which a pari- mutual system is operated" at the end thereof, so that the said section shall now read as follows:
3. Every holder of a winning ticket issued under the pari- Tax on bets
, . and stakes
mutual system upon a race run at any race meetmgon racing, shall pay a tax at the rate of five per centum or such other rate as the Lieutenant-Governor in Council may prescribe upon the amount which would be payable to him if no percentage were deducted or retained by the person holding the race meeting in respect of such race, and the said tax shall be col- lected by the person holding the race meeting as the agent of the Treasurer by deducting from the total amount bet or wagered upon such race, a sum equal to five per centum or such other rate as may be prescribed of the amount so bet or wagered, and such sum shall be paid over to the Treasurer at the close of each day's racing.
2. This Act shall come into force on the day upon which it commence- receives the Royal Assent.
3. This Act may be cited as The Race Tracks Tax Amend-ShoTt title. ment Act, 1948.
147
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No. 148
4th Session, 22nd Li:(;isi..\turi:, Ontario 12 George VI, 1948
BILL
An Act to amend The Workmen's Compensation Act.
Mr. Daley
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. The words "and all expenses arising out of the establish- ment, maintenance and operation of mine rescue stations as provided by The Mining Act" are added in order to bring the Act into accord with the present practice.
Section 2. The effect of the deletion of the opening words is to require the accident notice to be given to the Board in all cases. At present the notice is given only when the compensation is payable out of the accident fund.
Section 3. Subsection 1 and subsection 9 of section 35 of the Act establishes the amounts of compensation that are payable to the dependents of a workman whose death has occurred as the result of an industrial ac- cident or disease. These provisions are consolidated for convenience of reference and are simplified.
The repeal of subsection 9 of section 35 of the Act will result in in- creased benefits in some instances.
148
No. 148
1948
BILL
An Act to amend The Workmen's Compensation Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause b of subsection 1 of section 1 of The Workmen' s^^"^- stat.. Compensation Act is repealed and the following substituted siibs. if ci. '6,
therefor: re-enacted.
(b) "Accident Fund" shall mean the fund provided for p^^^'.'?®''* the payment of compensation, outlays and expenses under the Act in respect of Schedule 1, the salaries of the Commissioners and all expenses arising out of the establishment, maintenance and operation of mine rescue stations as provided by The Mining^^^j stat.. Act.
2. Subsection 4 of section 19 of The Workmen' s Compensa-B.ev. stat., tion Act is amended by striking out the words "Where thesubs. 4, ' compensation is payable out of the accident fund" in the first *'"®"*^® ' and second lines, so that the said subsection shall now read
as follows:
(4) The notice shall also be given to the Board by^°*{.^®*° delivering it to or at the office of the secretary or by sending it to him by registered post addressed to his office.
3_(1) Subsection 1 of section 35 of The Workmen's Com- ^^04^*8^*35. pensation Act, as re-enacted by subsection 1 of section 2 of ^5J^|^'^- ^^ The Workmen's Compensation Amendment Act, 1947, and c^ii^^s. 2, subsection la of the said section 35, as enacted by subsection 1 re-enacted, of section 2 of The Workmen's Compensation Amendment Act, 1947, are repealed and the following substituted therefor:
case
(1) Where death has resulted from an injury irrespective ^°^Pn*"J|| of the date of the accident, the amount of the com- of death pensation shall be, —
{a) the necessary expenses of the burial of the workman not exceeding $125;
148
(b) where owing to the circumstances of the case
the body of the workman is transferred for a considerable distance for burial, a further sum not exceeding $125 for necessary extra expenses of the burial thus entailed;
(c) where the widow or an invalid husband is the
sole dependant, a monthly payment of $50;
(d) where the dependants are a widow or an
invalid husband and one or more children, a monthly payment of S50, with an additional monthly payment of $12 to be increased upon the death of the widow or invalid husband to $20 for each child under the age of sixteen years;
(e) where the dependants are children, a monthly
payment of $20 to each child under the age of sixteen years;
(/) where the dependants are persons other than those mentioned in clauses c to e, a sum reasonable and proportionate to the pecuniary loss to such dependants occasioned by the death, to be determined by the Board.
Education (1^) Where in the opinion of the Board the furnishing
of further or better education to a child appears advisable, the Board in its discretion may on appli- cation extend the period to which compensation shall be paid in respect of the child for such additional period as is spent by the child in the furthering or bettering of its education but in no case beyond the age of eighteen years.
Compensa- (J J) Exclusive of the expenses of burial of the workman
to exceed and the lump sum of $100 the compensation payable
percentage -j j i i ^- i u 11 ^ •
of wages as provided by subsection 1 snail not in any case
cases^ ^^^ exceed sixty-six and two-thirds per centum of the
average earnings of the workman mentioned in section 38, and if the compensation payable under that subsection would in any case exceed that per- centage it shall be reduced accordingly, but this subsection shall not operate to reduce the com- pensation for the dependants mentioned in clauses c, d and e of subsection 1, provided the total monthly compensation does not exceed $100.
^^204^8^*35, (2) Subsection 9 of the said section 35, as re-enacted by a943.^ subsection 5 of section 6 of The Workmen's Compensation Act,
Bubl'6)^' ^^'^^ ^"^ amended by subsection 2 of section 2 of The Work- repealed, men's Compensation Amendment Act, 1947, is repealed.
148
Section 4. Subsection la of section 35 provides for continuing the education of a child after he becomes sixteen years of age and subsection 6 of section 35 provides for payments to an invalid child without regard to age.
148
(3) The increases in the amount of compensiition payable ^^®^gg*"^-^ under The Workmen's Compensation Act in cases of injury apply, resulting in death shall apply to all pension payments accruing after the coming into effect of this section, whether the acci- dent happened before or happens after that date, and whether the award of compensation was made before or is made after that date, but nothing in this section shall entitle any person to claim additional compensation for any period prior to the coming into effect of this section.
4. Section 37 of The Workmen's Compensation Act, asRev. stat.. amended by section 7 of The Workmen's Compensation >lc/, amended. 1943, is further amended by striking out the words, letter and
figure "clause/ of subsection 1" in the amendment of 1943, and inserting in lieu thereof the word, figure and letter "sub- section la", so that the said section shall now read as follows:
37. Subject to the provisions of subsection la of section 35 when pay- and subsection 6 of section 35 a monthly payment m child to respect of a child shall cease when the child attains the age of sixteen years or dies.
5. This Act shall come into force on the day upon which it ment"<ff"A^ct receives the Royal Assent and section 3 shall have effect as
from the 1st day of July, 1948.
6. This Act may be cited as The Workmen's Compensation ®*^°'"^ ^'*^®- Amendment Act, 1948.
148
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No. 148
4th Session, 22nd Lkgislaturk, Ontario 12 George VI, 1948
BILL
An Act to amend The Workmen's Compensation Act.
Mr. Daley
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 148 ,94g
BILL
An Act to amend The Workmen's Compensation Act.
HIS MAJESTY, b>- and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Clause b of subsection 1 of section 1 of The TFor^tmen'^Re^'- Stat.. Compensation Act is repealed and the following substituted subs.'^ifbiVft.
therefor: re-enacted.
{b) "Accident Fund" shall mean the fund provided for pun^'.*?®"* the payment of compensation, outlays and expenses under the Act in respect of Schedule 1, the salaries of the Commissioners and all expenses arising out of the establishment, maintenance and operation of mine rescue stations as provided by The Mining'^^^j^^^^- Act.
2. Subsection 4 of section 19 of The Workmen's Compensa-B.ev. stat., tion Act is amended by striking out the words "Where thesiibs-^if' ^^' compensation is payable out of the accident fund" in the first ^'"®"**®**' and second lines, so that the said subsection shall now read
as follows:
(4) The notice shall also be given to the Board by^°^j.^®*** delivering it to or at the office of the secretary or by sending it to him by registered post addressed to his office.
3. — (1) Subsection 1 of section 35 of The Workmen's Com- ^®J64^ 8**35, pensation Act, as re-enacted by subsection 1 of section 2 of ^^^|-^' ^' ^^ The Workmen's Compensation Amendment Act, 1947, and c^ii^^". 2. subsection la of the said section 35, as enacted by subsection 1 re-enacted, of section 2 of The Workmen' s Compensation Amendment Act, 1947, are repealed and the following substituted therefor:
(1) Where death has resulted from an injury irrespectiv^e ^j^JJ^Pf "|^ of the date of the accident, the amount of the com-of «*eath. pensation shall be, —
(a) the necessar>- expenses of the burial of the workman not exceeding $125;
148
(b) where owing to the circumstances of the case
the body of the workman is transferred for a considerable distance for burial, a further sum not exceeding SI 25 for necessary extra expenses of the burial thus entailed;
(c) where the widow or an invalid husband is the
sole dependant, a monthly payment of S50;
(d) where the dependants are a widow or an
invalid husband and one or more children, a monthly payment of $50, with an additional monthly payment of $12 to be increased upon the death of the widow or invalid husband to $20 for each child under the age of sixteen years ;
(e) where the dependants are children, a monthly
payment of $20 to each child under the age of sixteen years;
(/) where the dependants are persons other than those mentioned in clauses c to e, a sum reasonable and proportionate to the pecuniary loss to such dependants occasioned by the death, to be determined by the Board.
education. (^^) Where in the opinion of the Board the furnishing
of further or better education to a child appears advisable, the Board in its discretion may on appli- cation extend the period to which compensation shall be paid in respect of the child for such additional period as is spent by the child in the furthering or bettering of its education but in no case beyond the age of eighteen years.
uon^not^^" (^^) Exclusive of the expenses of burial of the workman
percerfta^e ^"*^ ^^^ lump sum of $100 the compensation payable
of wages as provided by subsection 1 shall not in anv case
in certain ' , . . , , • , ' r i
cases. exceed sixty-six and two-thirds per centum oi the
average earnings of the workman mentioned in section 38, and if the compensation payable under that subsection would in any case exceed that jxr- centage it shall be reduced accordingly, but this subsection shall not operate to reduce the com- pensation for the dependants mentioned in clauses c, d and e of subsection 1 , provided the total monthly compensation does not exceed $100.
c.*204, 8**35. (2) Subsection 9 of the said section 35, as re-enacted by a943f subsection 5 of section 6 of The Workmen's Compensation Act,
^'.kZ'I'n^' ^^43 and amended by subsection 2 of section 2 of The Work-
SUDS. 5), » ^ • 1 J
repealed. men s Compensation Amendment Act, 1947, is repealed. 148
(3) The increases in the amount of compensation P^Y'i^Ie ^^^^'^^''^'^^ under The Workmen's Compensation Act in cases of injury app'y- resulting in death shall apply to all pension payments accruing after the coming into effect of this section, whether the acci- dent happened before or happens after that date, and whether the award of compensation was made before or is made after that date, but nothing in this section shall entitle any person to claim additional compensation for an>' period prior to the coming into effect of this section.
4. Section 37 of The Workmen's Compensation Act, asRev.stat..
c 204 8 3T
amended by section 7 of The Workmen's Compensation Act, amended. 1943, is further amended by striking out the words, letter and figure "clause/ of subsection 1" in the amendment of 1943, and inserting in lieu thereof the word, figure and letter "sub- section la", so that the said section shall now read as follows:
37. Subject to the provisions of subsection \a of section 35 when pay- and subsection 6 of section 35 a monthly payment in^^^'g** *« respect of a child shall cease when the child attains the age of sixteen years or dies.
5. This Act shall come into force on the day upon which it ^°;ft'"o?Ac't. receives the Royal Assent and section 3 shall have effect as
from the 1st day of July, 1948.
6. This Act may be cited as The Workmen's Compensation^^''^^ ^'^^*- Amendment Act, 1948.
148
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No. 149
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Department of Public Welfare Act, 1948.
Mr. Goodfellow
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Sections 1 and 2. These sections do not differ in principle from the corresponding provisions of the present Act.
Section 3. The present provision, which is in general terms, is reduced to the more specific form here used.
149
No. 149 1943
BILL
The Department of Public Welfare Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act, — interpre-
tation,—
(a) "Department" means Department of Public Welfare; "Depart-
, ment ';
and
(b) "Minister" means Minister of Public Welfare. R.S.O. "Minister".
1937, c. 61, s. 1; 1946, c. 21, s. 1, amended.
2. There shall be a department of the public service of Creation of Ontario to be known as the "Department of Public Welfare"
over which the Minister shall preside and have charge. R.S.O. 1937, c. 61, s. 2.
3. The Minister shall be responsible for the administration Jurisdiction of the following Acts and such other Acts as may be assigned
to him by the Lieutenant-Governor in Council, —
R.S.O. 1937, c. 61, s. 3; 1946, c. 21, s. 2, amended.
(a) The Adoption Act;
(b) The British Child Guests Act, 1941; {c) The Charitable Institutions Act;
(d) The Children of Unmarried Parents Act;
(e) The Children's Protection Act; (/) The Day Nurseries Act, 1946;
{g) The District Homes for the Aged Act, 1947; (h) The Homes for the Aged Act, 1947; 149
(*) The Mothers' Allowance Act, 1948;
(j) The Old Age Pensions Act, 1948; and
{k) The Unemployment Relief Act, 1935. New.
MiXter/ *• The Minister may —
(o) institute inquiry into and collect information and statistics relating to all matters of public welfare;
(6) disseminate information in such manner and form as may be found best adapted to promote public welfare ;
(c) secure the observance and execution of the provisions of all Acts and regulations dealing with matters of public welfare;
{d) cause investigation to be made into all activities, agencies, organizations, associations or institutions having for their object the social welfare or care of men, women or children in Ontario and which are not under the control of any other department of the public service of Ontario; and
(e) declare any institution or organ izati(?n to be a charitable institution. R.S.O. 1937, c. 61, s. 4; 1946, c. 21, s. 3 (2), amended.
Annual 5. — (1) xhe Minister shall after the close of each fiscal
year file with the Provincial Secretary an annual report upon the affairs of the Department.
Tabling. (2) The Provincial Secretary shall submit the report to the
Lieutenant-Governor in Council and shall then lay the report before the Assembly, if it is in session, or if not, at the next ensuing session. R.S.O. 1937, c. 61, s. 5; 1946, c. 21, s. 4, amended.
Control over Q^ fhe Lieutenant-Govemor in Council may, —
institutions.
(a) declare any institution or organization having chari- table objects or purposes, or any class or classes of such institutions or organizations, to be subject to the control of the Minister; and
(6) make regulations governing the operation and activi- ties of institutions and organizations which are declared to be subject to the control of the Minister under this section, including regulations governing
149
onTn^t nlit^rf P°"^^ ^° ^"^ '^ substantially the same a.
section 4 of the present Act
Section 5. Self-explanatory.
Section 6. This section corresponds to section 6 of the present Act. Its purpose is the same but it has been re-drafted with a view to clarification.
149
the procuring of funds from the public and the application thereof by such institutions and organi- zations. R.S.O. 1937, c. 61, s. 6, amended.
7. The Department of Public Welfare Act and The Depart- c.^ei , * " ment of Public Welfare Amendment Act, 1946, are repealed. Jlpeaied. '
8. This Act may be cited as The Department of Public Short title. Welfare Act, 1948.
149
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No. 149
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Department of Public Welfare Act, 1948.
Mr. Goodfellow
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 149 1948
BILL
The Department of Public Welfare Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :
1. In this Act, — interpre-
tation,—
(a) "Department" means Department of Public Welfare : "Depart- and '""'^^"•
(b) "Minister" means Minister of Public Welfare. R.S.O. "Minister".
1937, c. 61, s. 1; 1946, c. 21, s. 1, amended.
2. There shall be a department of the public service of creation of Ontario to be known as the "Department of Public Welfare" ^^^^ '^^^ ' over which the Minister shall preside and have charge.
R.S.O. 1937, c. 61, s. 2.
3. The Minister shall be responsible for the administration Jurisdiction of the following Acts and such other Acts as may be assigned ° '°'^ ^^' to him by the Lieutenant-Governor in Council, —
R.S.O. 1937, c. 61, s. 3; 1946, c. 21, s. 2, amended.
(a) The Adoption Act;
(b) The British Child Guests Act, 1941;
(c) The Charitable Institutions Act;
(d) The Children of Unmarried Parents Act;
(e) The Children's Protection Act; (/) The Day Nurseries Act, 1946;
{g) The District Homes for the Aged Act, 1947; (h) The Homes for the Aged Act, 1947; 149
(i) The Mothers' Allowances Act, 1948:
(j) The Old Age Pensions Act, J 948; and
(k) The Unemployment Relief Act, J 935. New.
Powere of 4. The Minister may, —
(a) institute inquiry into and collect information and statistics relating to all matters of public welfare;
(&) disseminate information in such manner and form as may be found best adapted to promote public welfare ;
(c) secure the observance and execution of the provisions
of all Acts and regulations dealing with matters of public welfare;
(d) cause investigation to be made into all activities, agencies, organizations, associations or institutions having for their object the social welfare or care of men, women or children in Ontario and which are not under the control of any other department of the public service of Ontario; and
(e) declare any institution or organization to be a
charitable institution. R.S.O. 1937, c. 61, s. 4; 1946, c. 21, s. 3 (2), amended.
Annual 5. — (1) The Minister shall after the close of each fiscal
year file with the Provincial Secretary an annual report upon the affairs of the Department.
Tabling. (2) The Provincial Secretary shall submit the report to the
Lieutenant-Governor in Council and shall then lay the report before the Assembh % if it is in session, or if not, at the next ensuing session. R.S.O. 1937, c. 61, s. 5; 1946, c. 21, s. 4, amended.
Control over 6. The Lieutenant-Governor in Council may, —
oharitable Institutions.
(a) declare any institution or organization having chari-
table objects or purposes, or any class or classes of such institutions or organizations, to be subject to the control of the Minister; and
(b) make regulations governing the operation and activi-
ties of institutions and organizations which are declared to be subject to the control of the Minister under this section, including regulations governing
149
the procuring of funds from the public and the application thereof by such institutions and organi- zations. R.S.O. 1937, c. 61, s, 6, amended.
7. The Department of Public Welfare Act and The Depart- f.^ei^^^^" ment of Public Welfare Amendment Act, 1946, are repealed. Jlpeaied?^'
8. This Act may be cited as The Department of Public Short title. Welfare Act, 1948.
149
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2 r r
No. 150
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Old Age Pensions Act, 1948.
Mr. Goodfellow
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
This Bill revises the present Act which has not been revised in many years. Its provisions are simplified.
Generally speaking the provisions of this Bill are the same in principle as those in the present Act. However, certain sections have been amended to conform with the amendments recently made to the Old Age Pensions Act (Canada).
Provision is made so that this Act will conform with The Welfare Units Act, see Bill No. 152, 1948.
150
«o^ ISO ,„,
BILL
The Old Age Pensions Act, 1948.
TTIS MAJESTY, by and with the advice and consent of XX the Legislative Assembly of the Province of Ontario enacts as follows: '
m
1. In this Act,- j^^^p^,
tation, —
(a) "Commission" means The Old Age Pensions Com- "Commis- mission appointed under this Act; ®'*''^":
(6) "investigator" means any person designated as such "investi- under the regulations; gator";
(c) "local authority", where there is a welfare unit means "local
the public welfare administrator, and where there ^"*'^°'""''"' is no welfare unit means the clerk of the municipality or such other person as the council with the approval of the Minister may appoint, and in unorganized territory means an investigator;
(d) "local board" means local board provided for in the-iocai regulations; board";
(e) "Minister" means Minister of Public Welfare; "Mmfster";
(/) "pension" means a pension payable as an old age "pension"; pension or a blind pension under the Old Age Pensions r.s.c. Act (Canada) or any other Act of the Parliament of °- ^^^• Canada and "pensioner" has a corresponding mean- ing; and
(s) "regulations"- means regulations made under this Act. ".reguia- TLT tions".
New. 2. — (1) The Minister with the approval of the Lieutenant- Aprreement
^ ^ . ^ ., .^ . , , ^"h Domi-
Governor in Council may enter into an agreement with the nion oovem- Minister of Nafional Health and Welfare with the approval authorized, of the Governor-General in Council as to a general scheme of old age pensions or blind pensions, or both, in Ontario pursuant to any Act of the Parliament of Canada and for the payment by Canada to Ontario quarterly of an amount equal to one-
150
half or more of the net sum paid out during the preceding quarter by Ontario for old age pensions or blind pensions, or both, pursuant to this Act. R.S.O. 1937, c. 314, s. 2; 1944, c. 43, s. 1 (1), amended.
Change in scheme.
(2) No change shall be made in any scheme for old age pensions or blind pensions that has been approved by the Governor-General in Council, by regulations or otherwise, except with the approval of the Governor-General in Council, R.S.O. 1937, c. 314, s. 17, part, amended.
Old Age 3. — (1) The Lieutenant-Governor in Council may appoint
Pensions ^ i ■
Commission, one, two or three persons as a commission to be known as The Old Age Pensions Commission.
Chairman.
(2) Where the Commission consists of more than one person, the Lieutenant-Governor in Council may designate one of them as chairman.
Quorum. ^3^ Where the Commission consists of three persons, a
majority shall be a quorum. New.
Duties of Commis- sion.
4. It shall be the duty of the Commission, — (a) to receive applications for pensions; and
(b) to determine the eligibility of each applicant for a pension and where the applicant is eligible, to deter- mine the amount thereof and direct payment accord- ingly. New.
Dedsions 5 Subject to the right of the Commission to rescind or
amend any determination or direction made by it, ever>- determination and direction of the Commission shall be final and shall not be subject to review^ by any court of law or otherwise. New.
Pension not liable to
6. Every pension shall be exempt from provincial and taxation, municipal taxes and shall not be subject to garnishment or
sattachments, ' . , , j u 11 u
«tc. attachment or seizure or any legal process and shall be un-
assignable. R.S.O. 1937, c. 314, s. 9. Amended.
When pen- sion to be paid to trustee.
7. In the case of any pensioner, —
(a) who, in the opinion of the Commission, is using or likely to use his pension otherwise^ than for his own benefit or is incapacitated or incapable of managing his affairs;
(b) for whom a committee or trustee has been appointed ; or
150
(c) who consents to the payment of the pension to a person who is undertakinii: or liable for his main- tenance and care,
the Commission may direct that the pension shall be paid to a trustee or other person to be expended for the benefit of the pensioner. R.S.O. 1937, c. 314, s. 13, amended.
8. The receipt of a pension shall not by itself disqualify any Pensioners person from voting at any provincial or municipal election. SSLn fled R.S.O. 1937, c. 314, s. 15. ''•«'" ^°""«-
9. Where a pension has been paid and upon audit by Refusal by officials of the Government of Canada, the Government of oo!?yr"nm"ent Canada refuses to pav anv amount in respect thereof, all^^l,!^!'®,. payments which at that time have been made shall be deemed
to be expenses incurred in the administration of this Act. New.
10. Where a pension has been paid and officials of theover- Government of Canada, upon an audit, rule that overpay- ^*^'"®"*''* ments have been made to the pensioner, the Lieutenant- Governor in Council may direct that the amount of such overpayments shall be deemed to be expenses incurred in the administration of this Act. New.
11. If under the authority of the Parliament of Canada, Right to or for any other reason whatsoever, the Government of Canada cease'pn ° ceases to make the contributions provided for under the OW failure" to"'' Age Pensions Act (Canada), or any other Act of the Parlia-*'""'"'^"^®- ment of Canada pursuant to which pensions are paid under ^'^jg- this Act, or fails to carry out the agreement entered into under
the authority of this Act, the right to the granting or con- tinuance of any pension under this Act shall thereupon cease and determine and no further payment of pensions shall be made under this Act. R.S.O. 1937, c. 314, s. 10.
12. — (1) The Commission shall be entitled to recover out Recovery of the estate of any deceased pensioner, as a debt due by the payments pensioner to the Commission, the sum of the pension pay- deceased ^ ments made to such pensioner from time to time. estafe."*"^**
(2) No claim shall be made by the Commission for the Right not recovery of such debt directly or indirectly out of any part of property the pensioner's estate that passes by will or on any intestacy a^th"e*^r ** to any other pensioner or to any person who has, since the P«'J^'*J,"/^on grant of such pension or for the last three years during which maintaining, such pension was paid, regularly contributed to the support of the pensioner by the payment of money or otherwise to the extent which, having regard to the means of the person so having contributed, is considered to be reasonable. R.S.O. 1937, c. 314, s. 11, amended.
150
?f^gSce"°" 13— (1) Notice (Form 1) of the granting of a pension to any person may be registered in the proper registry or land titles ofifice, and shall set out, —
(a) the name and residence of the person to whom a pension has been granted;
(b) the date when the pension was granted ;
Rev. Stat., c. 174.
(c) a description of the land owned by a pensioner or in which he has any interest, sufficient for the purpose of registration, and, where the land is registered under The Land Titles Act, a reference to the number of the parcel of the land and to the register in which such land is registered in the land titles office. R.S.O. 1937, c. 314, s. 12 (1).
ff^notS.'^ (2) The notice shall be in duplicate, signed by any member
of the Commission and verified by his affidavit (Form 2). R.S.O. 1937, c. 314, s. 12 (2), amended.
against (^) Upon registration the notice shall operate as a charge
lands. against the lands described therein in an amount equal to the
amount of pension paid to the pensioner as of the date of the discharge of the notice or the date of the death of the pensioner, whichever is the earlier. R.S.O. 1937, c. 314, s. 12 (3), amended.
Registration (4) The fee for registration of the notice shall be seventy- five cents. R.S.O. 1937, c. 314, s. 12 (4).
of'n^ottce.— (^) -^ notice registered under the provisions of this section may be discharged by a certificate (Form 3) signed by any member of the Commission, accompanied by an affidavit of execution. R.S.O. 1937, c. 314, s. 12 (5), amended.
fee.
(6) The fee for registration of a discharge shall be fifty cents. R.S.O. 1937, c. 314, s. 12 (6), amended.
Regulations. 14. xhe Lieutenant-Governor in Council may make regulations, —
(a) governing the manner of making application for a
pension ;
(b) providing for the suspension and cancellation of
pensions;
(c) providing for a cost-of-living or other bonus to pen-
sioners or any class or group thereof;
150
(d) providing for the whole or part of the cost of providing medical and dental services to pensioners or any class or group thereof;
(e) providing for the designation of persons as inves-
tigators and prescribing their powers and duties;
(/) prescribing the powers and duties of local authorities;
(g) providing for the payment of the expenses incurred by local authorities in connection with this Act, and their remuneration;
(h) providing for the appointment of local boards and prescribing their powers and duties;
(i) providing for the furnishing of notices and information by local authorities to the Commission and by the Commission to local authorities;
(j) providing for the making of investigations, respecting persons to whom pensions may be paid or who are in receipt of pensions or by whom or on whose behalf application has been made for a pension;
(k) prescribing the material or proof of any fact, including evidence under oath, that shall be furnished as a condition precedent to the payment of a pension;
(/) fixing the intervals at which and the manner in which pensions shall be paid ;
(m) prescribing forms for use under this Act; and
(n) respecting any other matter necessary or advisable to carry out effectively the purposes of this Act.
15. — (1) Where there is no welfare unit the council of any Local municipality not within a welfare area may, subject to the l^^^^f'^*/-— approval of the Minister, appoint any person as the local ment of. authority for such municipality for the purposes of this Act, but until such an appointment is made the clerk of such municipality shall be the local authority.
(2) Every local authority shall, for the purposes of this Act, J^khur^^ be a commissioner for taking affidavits within the meaning of The Commissioners jor taking Affidavits Act. New. SYai!***"
16. Pensions and the expenses of administration of this Act Pensions and shall be payable out of such moneys as may be appropriated how payable, therefor by the Legislature. R.S.O. 1937, c. 314, s. 18, amended.
150
17. The Old Age Pensions Act, section 25 of The Statute
Rev. Stat., C. 314; 1939.
1944' c" 43' "^^^ Amendment Act, 1939, and The Old Age Pensions Amend- repeaied. ' ment Act, 1944, are repealed.
me™t"oTAct. ^^' ^^'® ^^^ ^^^^^ come into force on a day to be named by the Lieutenant-Governor by his Proclamation.
Short title. 19 jj^jg p^^^ j^^y tjg ^.j^gjj ^g Yhe Old Age Pensions Act, 1948.
150
SCHEDULE OF FORMS
FORM 1.
Notice Granting Old Age Pension
{Referred to in subsection 1 of section 13)
If , of the City Toronto,
in the County of York, , hereby give notice
that on the day of , 19 , an old age
pension, under the provisions of The Old Age Pensions Act, 1948, was
granted to
(Name of Pensioner)
of the of in the
{County or District) of
{Occupation)
The following is a description of the land which the said
owns or has an interest in:
{Name of Pensioner)
{Description of Land)
This notice is given for the purpose of registration in the
of the
{Registry or Land Titles Office)
of
{City, County or District)
Dated at Toronto this day of.
19....
R.S.O. 1937, c. 314, Form 1.
FORM 2.
Affidavit Verifying Notice.
{Referred to in subsection 2 of section 13)
J , of the City of Toronto,
in the County of York, ..* .■.'.'.'.' .' make oath and say:
That the facts set out in the attached notice are true.
SWORN before me at the
of
in the -9^
, this
day of
19....
{A Commissioner for taking Affidavits.) R.S.O. 1937, c. 314, Form 2, amended.
150
8
FORM 3.
Certificate of Discharge.
{Referred to in subsection 5 of section 13)
The Notice dated the day of , 19 ,
and registered as No in the ;
{Registry or Land Titles Office)
for the of , in respect of
{Description of Land) IS discharged.
Dated at Toronto this day of.
19....
R.S.O. 1937, c. 314, Form 3, amended.
150
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r r
No. 150
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Old Age Pensions Act, 1948.
Mr. Goodfellow
(Reprinted as amended in Committee of the Whole House.)
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
This Bill revises the present Act which has not been revised in many years. Its provisions are simplified.
Generally speaking the provisions of this Bill are the same in principle as those in the present Act. However, certain sections have been amended to conform with the amendments recently made to the Old Age Pensions Act (Canada).
Provision is made so that this Act will conform with The Welfare Units Act, see Bill No. 152, 1948.
150
No. 150 „^
BILL
The Old Age Pensions Act, 1948.
TT IS MAJESTY, by and with the advice and consent of XX the Legislative Assembly of the Province of Ontario enacts as follows: '
1. In this Act- i„^^p^.
tation, —
(a) "Commission" means The Old Age Pensions Com-"Commi8- mission appointed under this Act; ^'°'^"'
(b) "investigator" means any person designated as such "investi- under the regulations; gator";
(c) "local authority", where there is a welfare unit means "local
the public welfare administrator, and where there ^"*''°'^*^"' is no welfare unit means the clerk of the municipality or such other person as the council with the approval of the Minister may appoint, and in unorganized territory means an investigator;
(d) "local board" means local board provided for in the-iocai regulations; board";
(e) "Minister" means Minister of Public Welfare; "Minister";
(/) "pension" means a pension payable as an old age "pension"; pension or a blind pension under the Old Age Pensions r.s.c. Act (Canada) or any other Act of the Parliament of °- ^^^• Canada and "pensioner" has a corresponding mean- ing; and
(s) "regulations" means regulations made under this Act. "reguia-
T.T tions".
New.
2. — (1) The Minister with the approval of the Lieutenant- Agreement ^ . „ ., . . 1 . '^^^^ Doml-
(jovernor in Council may enter into an agreement with the nion Oovern-
Minister of National Health and Welfare with the approval authorized.
of the Governor-General in Council as to a general scheme of
old age pensions or blind pensions, or both, in Ontario pursuant
to any Act of the Parliament of Canada and for the payment
by Canada to Ontario quarterly of an amount equal to one-
150
half or more of the net sum paid out during the preceding quarter by Ontario for old age pensions or blind pensions, or both, pursuant to this Act. R.S.O. 1937, c. 314, s. 2; 1944, c. 43, s. 1 (1), amended.
Change in scheme.
(2) No change shall be made in any scheme for old age pensions or blind pensions that has been approved by the Governor-General in Council, by regulations or otherwise, except with the approval of the Governor-General in Council. R.S.O. 1937, c. 314, s. 17, part, amended.
Old Age 3. — (1) The Lieutenant-Governor in Council may appoint
Pensions , . -if
Commission, one, two or three persons as a commission to be known as The Old Age Pensions Commission.
Chairman.
(2) Where the Commission consists of more than one person, the Lieutenant-Governor in Council may designate one of them as chairman.
Quorum. ^3^ Where the Commission consists of three persons, a
majority shall be a quorum. New.
Duties of Commis- sion.
4. It shall -be the duty of the Commission, —
(a) to receive applications for pensions; and
(b) to determine the eligibility of each applicant for a
pension and where the applicant is eligible, to deter- mine the amount thereof and direct payment accord- ingly. New.
flifai^'°"^ 5. Subject to the right of the Commission to rescind or
amend any determination or direction made by it, every determination and direction of the Commission shall be final and shall not be subject to review by any court of law or otherwise. New.
6. Every pension shall be exempt from provincial and
Pension not
liable to 1111.
taxation, municipal taxes and shall not be subject to garnishment or
attachments, "^ . ■' 1 1 n 1
etc. attachment or seizure or any legal process and shall be un-
assignable. R.S.O. 1937, c. 314, s. 9. Amended.
When pen- sion to be paid to trustee.
7. In the case of any pensioner, —
(a) who, in the opinion of the Commission, is using or likely to use his pension otherwise than for his own benefit or is incapacitated or incapable of managing his affairs;
(b) for whom a committee or trustee has been appointed ; or
150
(c) who consents to the payment of the pension to a person who is undertakini? or liable for his niain- tenance and care,
the Commission may direct that the pension shall be paid to a trustee or other person to be expended for the benefit of the pensioner. R.S.O. 1937, c. 314, s. 13, amended.
8. The receipt of a pension shall not by itself disqualify any Pensioners person from voting at anv provincial or municipal election. JSaHfted R.S.O. 1937, c. 314, s. 15. '^^°"' ^o"n«-
9. Where a pension has been paid and upon audit by Refusal by officials of the Government of Canada, the Government of oovymmint Canada refuses to pay any amount in respect thereof, thep^^VJ^^®^ Lieutenant-Governor in Council rra\- direct that all payments
which at that time have been made shall be deemed to be expenses incurred in the administration of this Act. New.
10. Where a pension has been paid and officials of the Over- Government of Canada, upon an audit, rule that overpay- '*^^''"®"*** ments have been made to the pensioner, the Lieutenant- Governor in Council may direct that the amount of such overpayments shall be deemed to be expenses incurred in the administration of this Act. New.
11. If under the authority of the Parliament of Canada, Right to or for any other reason whatsoever, the Government of Canada ceuse'on ° ceases to make the contributions provided for under the Old (Ifi^^^'^fll^'^ Age Pensions Act (Canada), or any other Act of the Parlia-*''*"'^"'*"'®- ment of Canada pursuant to which pensions are paid under ^■^^•' this Act, or fails to carry out the agreement entered into under
the authority of this Act, the right to the granting or con- tinuance of any pension under this Act shall thereupon cease and determine and no further payment of pensions shall be made under this Act. R.S.O. 1937, c. 314, s. 10.
12. — (1) The Commission shall be entitled to recover out Recovery of the estate of any deceased pensioner, as a debt due by the payments pensioner to the Commission, the sum of the pension pay- decea-sed _ ments made to such pensioner from time to time. e^ta't'e."*'^''
(2) No claim shall be made by the Commission for the Right not recovery of such debt directly or indirectly out of any part of ^''ropeny ^ the pensioner's estate that passes by will or on any intestacy pa«f^"K.*« to any other pensioner or to any person who has, since the P«'Jo''pe%on grant of such pension or for the last three years during which maintaining, such pension was paid, regularly contributed to the support of the pensioner by the payment of money or otherwise to the extent which, having regard to the means of the person so having contributed, is considered to be reasonable. R.S.O. 1937, c. 314, s. 11, amended.
150
?f®n!ftice"°" 13.— (1) Notice (Form 1) of the granting of a pension to any person may be registered in the proper registry or land titles office, and shall set out, —
(a) the name and residence of the person to whom a pension has been granted;
(b) the date when the pension was granted;
Rev. Stat., c. 174.
(c) a description of the land owned by a pensioner or in which he has any interest, sufficient for the purpose of registration, and, where the land is registered under The Land Titles Act, a reference to the number of the parcel of the land and to the register in which such land is registered in the land titles office. R.S.O. 1937, c. 314, s. 12 (1).
of^noti*ce" (2) '^^^ notice shall be in duplicate, signed by any member
of the Commission and verified by his affidavit (Form 2). R.S.O. 1937, c. 314, s. 12 (2), amended.
Charge against lands.
(3) Upon registration the notice shall operate as a charge against the lands described therein in an amount equal to the amount of pension paid to the pensioner as of the date of the discharge of the notice or the date of the death of the pensioner, whichever is the earlier. R.S.O. 1937, c. 314, s. 12 (3), amended.
Registration (4) The fee for registration of the notice shall be seventy-
fee
five cents. R.S.O. 1937, c. 314, s. 12 (4).
of'nottce — (^^ -^ notice registered under the provisions of this section may be discharged by a certificate (Form 3) signed by any member of the Commission, accompanied by an affidavit of execution. R.S.O. 1937, c. 314, s. 12 (5), amended.
fee. (6) The fee for registration of a discharge shall be fifty cents.
R.S.O. 1937, c. 314, s. 12 (6), amended.
Regulations. 14, Xhe Lieutenant-Governor in Council may make regulations, —
(a) governing the manner of making application for a
pension ;
(b) providing for the suspension and cancellation of
pensions;
(c) providing for a cost-of-living or other bonus to pen- sioners or any class or group thereof;
150
(d) providing for the whole or part of the cost of providing medical and dental services to pensioners or any class or group thereof;
(e) providing for the designation of persons as inves-
tigators and prescribing their powers and duties;
(J) prescribing the powers and duties of local authorities;
(g) providing for the payment of the expenses incurred by local authorities in connection with this Act, and their remuneration;
(h) providing for the appointment of local boards and prescribing their powers and duties;
(i) providing for the furnishing of notices and information by local authorities to the Commission and by the Commission to local authorities;
(j) providing for the making of investigations, respecting persons to whom pensions may be paid or who are in receipt of pensions or by whom or on whose behalf application has been made for a pension;
(k) prescribing the material or proof of any fact, including evidence under oath, that shall be furnished as a condition precedent to the payment of a pension;
(/) fixing the intervals at which and the manner in which pensions shall be paid;
(m) prescribing forms for use under this Act; and
(«) respecting any other matter necessary or advisable to carry out effectively the purposes of this Act.
15. — (1) Where there is no welfare unit the council of any Local municipality not within a welfare area may, subject to the |ppoi"t*7* approval of the Minister, appoint any person as the local n^®"* °^' authority for such municipality for the purposes of this Act, but until such an appointment is made the clerk of such municipality shall be the local authority.
(2) Every local authority shall, for the purposes of this Act, J^^Sfita be a commissioner for taking affidavits within the meaning of The Commissioners jor taking Affidavits Act. New. f.^iiu^^^"
16. Pensions and the expenses of administration of this Act r«"fi°°f f:5<* shall be payable out of such moneys as may be appropriated how payable, therefor by the Legislature. R.S.O. 1937, c. 314, s. 18, amended.
150
^®3'i4^*i939. l*^- ^^^ ^^ ^^^ Pensions Act, section 25 of The Statute ?of J- ^- 55= -^flw Amendment Act, 1939, and T/ie OW ^ge Pensions Amend-
1944, C, 43, **
repealed. ment Act, 1944, are repealed.
ment"(f f^Aot. ^®- "'"^'^ ^^^ ^^^"^ come into force on a day to be named by the Lieutenant-Governor by his Proclamation.
Short title. j9 jj^jg ^^^ j^^y ^^ ^,j^g^j ^g -j-^^ Qi^ ^gg Pensions Act, 1948.
150
SCHEDULE OF FORMS
FORM 1.
Notice Granting Old Age Pension
{Referred to in subsection 1 of section 13)
I, of the City Toronto,
in the County of York, , hereby give notice
thaton the day of , 19 an old age
pension, under the provisions of The Old Age Pensions Act, 1948, was
granted to
{Name of Pensioner)
of the of in the
{County or District) of
{Occupation)
The following is a description of the land which the said
owns or has an interest in:
{Name of Pensioner)
{Description of Land)
This notice is given for the purpose of registration in the
of the
{Registry or Land Titles Office)
of
{City, County or District)
Dated at Toronto this day of ,
19.
R.S.O. 1937, c. 314, Form 1.
FORM 2.
Affidavit Verifying Notice,
{Referred to in subsection 2 of section 13)
J , of the City of Toronto,
in the County of York, .■.*.■.■.■■■ make oath and say:
That the facts set out in the attached notice are true.
SWORN before me at the
of •
in the -9'
, this
day of »
19...
{A Commissioner for taking Affidavits.) R.S.O. 1937, c. 314, Form 2, amended.
150
8
FORM 3.
Certificate of Discharge.
{Referred to in subsection 5 of section 13)
The Notice dated the day of 19 ,
and registered as No in the
(Registry or Land Titles Office)
for the of , in respect of
(Description of Land) ia discharged.
Dated at Toronto this day of.
19....
R.S.O. 1937, c. 314, Form 3, amended.
150
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No. 150
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Old Age Pensions Act, 1948.
Mr. Goodfellow
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 150 „^g
BILL
The Old Age Pensions Act, 1948.
TTIS MAJESTY, by and with the advice and consent of X X the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act- ,„t,,p^.
tation, —
(a) "Commission" means The Old Age Pensions Com- "Commis- mission appointed under this Act; • ^'°'^"'
(b) "investigator" means any person designated as such "inveeti-
under the regulations; gator";
(c) "local authority", where there is a welfare unit means "local
the public welfare administrator, and where there *"**'°'^*^"' is no welfare unit means the clerk of the municipality or such other person as the council with the approval of the Minister may appoint, and in unorganized territory means an investigator;
(d) "local board" means local board provided for in the"iocai regulations; board";
(e) "Minister" means Minister of Public Welfare; "Minister";
(/) "pension" means a pension payable as an old age "pension"; pension or a blind pension under the Old Age Pensions r.s.c. Act (Canada) or any other Act of the Parliament of °- ^^®- Canada and "pensioner" has a corresponding mean- ing; and
(^) "regulations" means regulations made under this Act. "reguia-
New.
2. — (1) The Minister with the approval of the Lieutenant-^f™«g«^*_ Governor in Council may enter into an agreement with the nion oovern- Minister of National Health and Welfare with the approval authorized, of the Governor-General in Council as to a general scheme of old age pensions or blind pensions, or both, in Ontario pursuant to any Act of the Parliament of Canada and for the payment by Canada to Ontario quarterly of an amount equal to one-
150
Change in soheme.
half or more of the net sum paid out during the preceding quarter by Ontario for old age pensions or blind pensions, or both, pursuant to this Act. R.S.O. 1937, c. 314, s. 2; 1944,
c. 43, s. 1 (1), amended.
(2) No change shall be made in any scheme for old age pensions or blind pensions that has been approved by the Governor-General in Council, by regulations or otherwise, except with the approval of the Governor-General in Council. R.S.O. 1937, c. 314, s. 17, part, amended.
Old Age 3. — (1) The Lieutenant-Governor in Council may appoint
Commission, one, two or three persons as a commission to be known as
Chairman.
The Old Age Pensions Commission.
(2) Where the Commission consists of more than one person, the Lieutenant-Governor in Council may designate one of them as chairman.
Quorum. ^3^ Where the Commission consists of three persons, a
majority shall be a quorum. New.
com'mis- 4. It shall be the duty of the Commission, —
sion.
(a) to receive applications for pensions; and
(b) to determine the eligibility of each applicant for a
pension and where the applicant is eligible, to deter- mine the amount thereof and direct payment accord- ingly. New.
flifai.^'°"^ 5. Subject to the right of the Commission to rescind or
amend any determination or direction made by it, every determination and direction of the Commission shall be final and shall not be subject to review by any court of law or otherwise. New.
6. Every pension shall be exempt from provincial and
Pension not
liable to
taxation, municipal taxes and shall not be subject to garnishment or
etc. attachment or seizure or any legal process and shall be un-
When pen- sion to be paid to trustee.
assignable. R.S.O. 1937, c. 314, s. 9. Amended.
7. In the case of any pensioner, — •
(a) who, in the opinion of the Commission, is using or likely to use his pension otherwise than for his own benefit or is incapacitated or incapable of managing his affairs;
(b) for whom a committee or trustee has been appointed ; or
150
(c) who consents to the payment of the pension to a person who is undertaking or liable for his main- tenance and care,
the Commission may direct that the pension shall be paid to a trustee or other person to be expended for the benefit of the pensioner. R.S.O. 1937, c. 314, s. 13. amended.
8. The receipt of a pension shall not by itself disqualify any Pensioners person from voting at any provincial or municipal election. quLimed R.S.O. 1937, c. 314, s. 15. f'-«'" ^o^^^t-
9. Where a pension has been paid and upon audit by Refusal by officials of the Government of Canada, the Government of ao^TeVn'ment Canada refuses to pay any amount in respect thereof, thej,°^^„®tg Lieutenant-Governor in Council may direct that all payments
which at that time have been made shall be deemed to be expenses incurred in the administration of this Act. New.
10. Where a pension has been paid and officials of theover- Government of Canada, upon an audit, rule that overpay- '^*^'"®"**- ments have been made to the pensioner, the Lieutenant- Governor in Council may direct that the amount of such overpayments shall be deemed to be expenses incurred in the administration of this Act. New.
11. If under the authority of the Parliament of Canada, Right to or for any other reason whatsoever, the Government of Canada cease°on*° ceases to make the contributions provided for under the Old (Ify^^^^'J*'^ Age Pensions Act (Canada), or any other Act of the Parlia- <=^"*"''"*«- ment of Canada pursuant to which pensions are paid under ^ fig- this Act, or fails to carry out the agreement entered into under
the authority of this Act, the right to the granting or con- tinuance of any pension under this Act shall thereupon cease and determine and no further payment of pensions shall be made under this Act. R.S.O. 1937, c. 314, s. 10.
12. — (1) The Commission shall be entitled to recover out Recovery of the estate of any deceased pensioner, as a debt due by the payment" pensioner to the Commission, the sum of the pension pay- deceased ments made to such pensioner from time to time. estate."**^'"
(2) No claim shall be made by the Commission for the Right not recovery of such debt directly or indirectly out of any part of ^prop^ny '** the pensioner's estate that passes by will or on any intestacy p^^'^k/o to anv other pensioner or to any person who has, since the pensioner
. 1-111 J • u' L or to person
grant of such pension or for the last three years dunng which maintaining, such pension was paid, regularly contributed to the support of the pensioner by the payment of money or otherwise to the extent which, having regard to the means of the person so having contributed, is considered to be reasonable. R.S.O. 1937, c. 314, s. 11, amended.
150
^fnou^e!°^ 13. — (1) Notice (Form 1) of the granting of a pension to any person may be registered in the proper registry or land titles office, and shall set out, —
(a) the name and residence of the person to whom a pension has been granted;
(b) the date when the pension was granted ;
Rev. Stat., o. 174.
(c) a description of the land owned by a pensioner or in which he has any interest, sufficient for the purpose of registration, and, where the land is registered under The Land Titles Act, a reference to the number of the parcel of the land and to the register in which such land is registered in the land titles office. R.S.O. 1937, c. 314, s. 12 (1).
of^notice." ^^^ ^^^ notice shall be in duplicate, signed by any member
of the Commission and verified by his affidavit (Form 2). R.S.O. 1937, c. 314, s. 12 (2), amended.
Charge against lands.
(3) Upon registration the notice shall operate as a charge against the lands described therein in an amount equal to the amount of pension paid to the pensioner as of the date of the discharge of the notice or the date of the death of the pensioner, whichever is the earlier. R.S.O. 1937, c. 314, s. 12 (3), amended.
Registration (4) The fee for registration of the notice shall be seventy-
fee.
five cents. R.S.O. 1937, c. 314, s. 12 (4).
of^notfce — ^^^ ^ notice registered under the provisions of this section may be discharged by a certificate (Form 3) signed by any member of the Commission, accompanied by an affidavit of execution. R.S.O. 1937, c. 314, s. 12 (5), amended.
fee. (6) The fee for registration of a discharge shall be fifty cents.
R.S.O. 1937, c. 314, s. 12 (6), amended.
Regulations. 14. The Lieutenant-Governor in Council may make regulations, —
(a) governing the manner of making application for a
pension ;
(b) providing for the suspension and cancellation of
pensions;
(c) providing for a cost-of-living or other bonus to pen- sioners or any class or group thereof;
150
{d) providing for the whole or part of the cost of providing medical and dental services to pensioners or any class or group thereof;
{e) providing for the designation of persons as inves- tigators and prescribing their powers and duties;
(/) prescribing the powers and duties of local authorities;
{g) providing for the payment of the expenses incurred by local authorities in connection with this Act, and their remuneration;
Qi) providing for the appointment of local boards and prescribing their powers and duties;
{i) providing for the furnishing of notices and information by local authorities to the Commission and by the Commission to local authorities;
0*) providing for the making of investigations, respecting persons to whom pensions may be paid or who are in receipt of pensions or by whom or on whose behalf application has been made for a pension ;
{k) prescribing the material or proof of any fact, including evidence under oath, that shall be furnished as a condition precedent to the payment of a pension;
(/) fixing the intervals at which and the manner in which pensions shall be paid ;
(w) prescribing forms for use under this Act; and
(w) respecting any other matter necessary or advisable to carry out effectively the purposes of this Act.
15. — (1) Where there is no welfare unit the council of any Local municipality not within a welfare area may, subject to the |^^^^^*t'/'~ approval of the Minister, appoint any person as the local '"«'»* °^- authority for such municipality for the purposes of this Act, but until such an appointment is made the clerk of such municipality shall be the local authority.
(2) Every local authority shall, for the purposes of this Act, '^ly'*',,^ be a commissioner for taking affidavits within the meaning of The Commissioners jor taking Affidavits Act. New. ^Yii^'**"'
16. Pensions and the expenses of administration of this Act Pensions and shall be payable out of such moneys as may be appropriated how payable, therefor by the Legislature. R.S.O. 1937, c. 314, s. 18, amended.
150
?^\a^*?qq'q 17. The Old Age Pensions Ad, section 25 of The Statute
c. 314 ; 1939, '> '
1944' "■ 43' ^'^'^ Amendment Act, 1939, and The Old Age Pensions Amend- repeaied. ' ment Act, 1944, are repealed.
ment"oTAct ^^- ^^'^ ^^^ shdAX come into force on a day to be named by the Lieutenant-Governor by his Proclamation.
Short title. j9 jj^ig ^^^ j^ay bg j,j^g(j as rAe OW i4ge Pensions Act, 1948.
150
SCHEDULE OF FORMS
FORM 1.
Notice Granting Old Age Pension
{Referred to in subsection 1 of section 13)
I. , of the City Toronto,
in the County of York , hereby give notice
that on the day of , 19 , an old age
pension, under the provisions of The Old Age Pensions Act, 1948, wa»
granted to
{Name of Pensioner)
of the of in the
{County or District) of
{Occupation)
The following is a description of the land which the said
owns or has an interest in:
{Name of Pensioner)
{Description of Land)
This notice is given for the purpose of registration in the
of the
{Registry or Land Titles Office)
of
{City, County or District)
Dated at Toronto this day of ,
19.
R.S.O. 1937, c. 314, Form 1.
FORM 2.
Affidavit Verifying Notice,
{Referred to in subsection 2 of section 13)
I , of the City of Toronto,
in the County of York, .'.'.'.' make oath and say:
That the facts set out in the attached notice are true.
SWORN before me at the
of
in the 9^
, this
day of
19....
{A Commissioner for taking Affidavits.) R.S.O. 1937, c. 314, Form 2, amended.
150
8
FORM 3.
Certificate of Discharge.
{Referred to in subsection 5 of section 13)
The Notice dated the day of , 19 ,
and registered as No in the
{Registry or Land Titles Office)
for the of , in respect of
{Description of Land) ia discharged.
Dated at Toronto this day of.
19....
R.S.O. 1937, c. 314, Form 3, amended.
150
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No. 151
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Mothers' Allowances Act, 1948.
Mr. Goodfellow
TORONTO
Printed and Published by Baptist Johnston- Printer TO THE King's Most Excellent Majesty
Explanatory Notes
This Bill revises the present Act which has not been revised in many years. Its provisions are greatly shortened and simplified.
Generally speaking the provisions of this Bill are the same in principle as those in the present Act. However, a mother no longer is required to be a British subject in order to qualify for an allowance. Attention is also directed to subsection 2 of section 2, which is new in principle.
Provision in made so that this Act will conform with The Welfare Units Act, 1948. See Bill 152.
151
No. 151 194g
BILL
The Mothers' Allowances Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act, — interpre-
tation,—
(a) "allowance" means allowance under this Act; "allowance"
(b) "beneficiary" means a person receiving an allowance ; "benefi-
ciary";
(c) "Commission" means The Mothers' Allowances Com- "Commis-
mission provided for in this Act; sion";
(d) "investigator" means any person designated as such -investiga- under the regulations; *<"■";
(e) "local authority", where there is a welfare unit means "locai
the public welfare administrator, and where there is no a"**»o"'y '• welfare unit means the clerk of the municipality or such other person as the council with the approval of the Minister may appoint, and in unorganized terri- tory means an investigator;
(/) "local board" means local board provided for in the-iocai regulations; board";
(g) "Minister" means Minister of Public Welfare; "Minister";
(h) "permanently unemployable" means permanently un- "perman-
. 1,1 f ^1 L'lj- ently unem-
employable by reason of mental or physical dis-pioyabie"; ability; and
(i) "regulations" means regulations made under this Act. "reguia- . R.S.O. 1937, c. 313, s. 1, cl. d; 1946, c. 59, s. l/'o"^"- amended.
2 — (I) Subiect to this Act and the regulations a monthly conditions
* i'ttt uridyl* vrhioh
allowance may be paid towards the support of the dependent allowance
. ., , r ' 1 L may be paid,
children of a mother who, —
151
Where hus- band per- manently unemploy- able.
(a) is a widow, or the wife of a man who is permanently unemployable, or of a man who has deserted her and has not been heard of for at least one year;
(6) was resident in Ontario at the time of the death, permanent unemployability or desertion by the father of the child or children on whose behalf the allowance is to be made, and for a period of two years immediately prior to the application for an allowance;
(c) is resident in Ontario at the time of the application
for an allowance;
(d) continues to reside in Ontario with her dependent children while in receipt of an allowance; and
(e) has resident with her one or more of her own children
under sixteen years of age and has not adequate means to care properly for such child or children without the assistance of an allowance. R.S.O. 1937, c. 313, s. 2 (1) ; 1946, c. 59, s. 2 (1), amended.
(2) Where a mother who otherwise qualifies for an allowance has a permanently unemployable husband, an allowance may be granted for the husband in the same amount and manner as though the husband were a dependent child, provided that the allowance for the husband shall cease when the youngest child becomes sixteen years of age. New.
to"fo^ter°^ (3) A like allowance may be paid to a woman who is
mother. resident as aforesaid and has resident with her one or more orphan children under sixteen years of age and is the grand- mother, sister, aunt or other suitable person acting as the foster mother of such child or children and has not adequate means to care properly for such child or children without the assistance of an allowance. R.S.O. 1937, c. 313, s. 2 (2), amended.
Reaching sixteen years of age during school year.
Allowance in special oases.
(4) Where a child in respect of whom an allowance is being paid is attending school and reaches the age of sixteen years during the school year, the allowance shall, subject to this Act and the regulations, continue to be paid until the conclusion of the school year unless the child sooner ceases to attend school. 1946, c. 59, s. 2 (2), amended.
(5) In cases presenting special circumstances wheie in- vestigation has shown the advisability of an allowance being granted to the children dependent upon a mother or foster mother who is not strictly eligible under the terms of this section, the Lieutenant-Governor in Council may direct the payment of an allowance and fix the amount thereof, not-
151
withstanding that such payment is not expressly provided for in this Act. R.S.O. 1937, c. 313, s. 2 (3), amended.
3. (1) The Lieutenant-Governor in Council may appoint Mothers' one, two or three persons as a commission to be known asCormrsStSn. 1 he Mothers' Allowances Commission.
(2) When the Commission consists of more than one person chairman, the Lieutenant-Governor in Council may designate one of
them as chairman.
(3) When the Commission consists of three persons, a Quorum, majority shall be a quorum. New.
4. It shall be the duty of the Commission,— CommiL^ion.
(a) to receive applications for allowances; and
{b) to determine the eligibility of each applicant to receive an allowance, and where the applicant is eligible, to determine the amount thereof and direct payment accordingly. R.S.O. 1937, c. 313, s. 3, amended.
5. Subject to the right of the Commission to rescind or Decisions amend any determination or direction made by it, every ""*'' determination and direction of the Commission shall be final
and shall not be subject to review by any court of law or otherwise. R.S.O. 1937, c. 313, s. 7, amended.
6. The Lieutenant-Governor in Council may make regula- Regulations, tions, —
(a) prescribing the maximum amounts of allowances;
{h) providing for the payment of the whole or part of the cost of providing medical and dental services to beneficiaries and their dependants under this Act;
(c) governing the manner of making application for an allowance;
{d) providing for the suspension and cancellation of allowances ;
{e) providing for the designation of persons as investi- gators and prescribing their powers and duties;
(/) prescribing the powers and duties of local authorities;
(g) providing for the payment of the expenses incurred by local authorities in connection with this Act, and their remuneration;
151
(h) providing for the appointment of local boards and prescribing their powers and duties;
(i) providing for the furnishing of notices and information by local authorities to the Commission and by the Commission to local authorities;
Local author- ities,— appoint- ment of;
0) providing for the making of investigations resf)ecting persons to whom allowances may be paid or who are in receipt of allowances or by whom or on whose behalf application has been made for an allowance;
(k) prescribing the material or proof of any fact, includ- ing evidence under oath, that shall be furnished as a condition precedent to the payment of an allowance;
(/) fixing the intervals at which and the manner in which allowances shall be paid;
(m) prescribing forms for use under this Act; and
(«) respecting any other matter necessary or advisable to carry out effectively the purposes of this Act. R.S.O. 1937, c. 313, s. 11, amended.
7. — (1) Where there is no welfare unit, the council of any municipality may, subject to the approval of the Minister, appoint any person as the local authority for such municipality for the purposes of this Act, but until such an appointment is made the clerk of such municipality shall be the local authority.
affidavits ^^^ Every local authority shall, for the purposes of this
R V St t ^^^' ^^ '^ commissioner for taking affidavits within the meaning c. i2i'. ' " of The Commissioners jor taking Affidavits Act. New.
8. Allowances and the expenses of administration of this
Allowances and ex-
penses.— -^ Act shall be payable out of such moneys as may be appro- priated therefor by the Legislature. R.S.O. 1937, c. 313, s. 5;
1938, c. 37, s. 15 (1), amended.
f.^sia':^'^^" ^- ^^^ Mothers' Allowances Act, section 15 of The Statute
1938. c. 37, i^d^ Amendment Act, 1938, and The Mothers' Allowances
8. ID , ' '
1946, c. 59, Amendment Act, 1946, are repealed.
repealed. ^
Commence- ment of Act.
Short title.
10. This Act shall come into force on a day to be named by the Lieutenant-Governor by his Proclamation.
11. This Act may be cited as The Mothers' Allowances Act, 1948.
151
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No. 151
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Mothers' Allowances Act, 1948.
Mr. Goodfellow
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 151 1948
BILL
The Mothers' Allowances Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act, — interpre-
tation,—
(a) "allowance" means allowance under this Act; "allowance"
(b) "beneficiary" means a person receiving an allowance; "benefi-
ciary";
(c) "Commission" means The Mothers' Allowances Com- "Commia-
mission provided for in this Act; sion";
(d) "investigator" means any person designated as such ..jnyggtiga- under the regulations; *°'"":
(e) "local authority", where there is a welfare unit means"iocai
the public welfare administrator, and where there is no ^"^*^°"*y" '• welfare unit means the clerk of the municipality or such other person as the council with the approval of the Minister may appoint, and in unorganized terri- ^* tory means an investigator;
(/) "local board" means local board provided for in the-iocai regulations; *'°^'"^" =
(g) "Minister" means Minister of Public Welfare; "Minister";
(h) ' 'permanently unemployable" means permanently un- '^^^{^^^^j^^, employable by reason of mental or physical dis-pioyabie"; ability; and
(i) "regulations" means regulations made under this Act. "reguia- R.S.O. 1937, c. 313, s. 1, cl. d; 1946, c. 59, s. l/'°"«"- amended.
2. — (1) Subject to this Act and the regulations a monthly Conditions allowance may be paid towards the support of the dependent allowance
.... r 1 1 '"ay be paid.
children of a mother who, — 151
(a) is a widow, or the wife of a man who is permanently unemployable, or of a man who has deserted her and has not been heard of for at least one year ;
(b) was resident in Ontario at the time of the death,
permanent unemployability or desertion by the father of the child or children on whose behalf the allowance is to be made, and for a period of two years immediately prior to the application for an allowance;
(c) is resident in Ontario at the time of the application
for an allowance;
Where hus- band per- manently unemploy- able.
Allowance to foster mother.
(d) continues to reside in Ontario with her dependent children while in receipt of an allowance; and
(e) has resident with her one or more of her own children
under sixteen years of age and has not adequate means to care properly for such child or children without the assistance of an allowance. R.S.O. 1937, c. 313, s. 2 (1) ; 1946, c. 59, s. 2 (1), amended.
(2) Where a mother who otherwise qualifies for an allowance has a permanently unemployable husband, an allowance may be granted for the husband in the same amount and manner as though the husband were a dependent child, provided that the allowance for the husband shall cease when the youngest child becomes sixteen years of age. New.
(3) A like allowance may be paid to a woman who is resident as aforesaid and has resident with her one or more orphan children under sixteen years of age and is the grand- mother, sister, aunt or other suitable person acting as the foster mother of such child or children and has not adequate means to care properly for such child or children without the assistance of an allowance. R.S.O. 1937, c. 313, s. 2 (2), amended.
Reaching sixteen years of age during school year.
Allowance m special cases.
(4) Where a child in respect of whom an allowance is being paid is attending school and reaches the age of sixteen years during the school year, the allowance shall, subject to this Act and the regulations, continue to be paid until the conclusion of the school year unless the child sooner ceases to attend school. 1946, c. 59, s. 2 (2), amended.
(5) In cases presenting special circumstances wheie in- vestigation has shown the advisability of an allowance being granted to the children dependent upon a mother or foster mother who is not strictly eligible under the terms of this section, the Lieutenant-Governor in Council may direct the payment of an allowance and fix the amount thereof, not-
151
withstanding that such payment is not expressly provided for in this Act. R.S.O. 1937, c. 313, s. 2 (3),amef,4ed.
3.— (1) The Lieutenant-Governor in Council may appoint Mothen,-
Tu' iTu' t\'?f P^''"^"^ ^« ^ commission to be known ascllrm7«S!^n. 1 he Mothers Allowances Commission.
(2) When the Commission consists of more than one person Chairman, the Lieutenant-Governor in Council may designate one of
them as chairman.
(3) When the Commission consists of three persons, a Quorum, majority shall be a quorum. New.
4. It shall be the duty of the Commission,— r^f^'SJ.^I „
(a) to receive applications for allowances; and
(b) to determine the eligibility of each applicant to
receive an allowance, and where the applicant is eligible, to determine the amount thereof and direct payment accordingly. R.S.O. 1937, c. 313, s. 3,
amended.
5. Subject to the right of the Commission to rescind or Decisions amend any determination or direction made by it, every **"*'' determination and direction of the Commission shall be final
and shall not be subject to review by any court of law or otherwise. R.S.O. 1937, c. 313, s. 7, amended.
6. The Lieutenant-Governor in Council may make regula- Regulations, tions, —
(a) prescribing the maximum amounts of allowances;
(b) providing for the payment of the whole or part of
the cost of providing medical and dental services to beneficiaries and their dependants under this Act;
(c) governing the manner of making application for an
allowance ;
(d) providing for the suspension and cancellation of allowances ;
(e) providing for the designation of persons as investi-
gators and prescribing their powers and duties;
(/) prescribing the powers and duties of local authorities;
(g) providing for the payment of the expenses incurred by local authorities in connection with this Act, and their remuneration;
151
Local author- ities,— appoint- ment of;
(h) providing for the appointment of local boards and prescribing their powers and duties;
(i) providing for the furnishing of notices and information by local authorities to the Commission and by the Commission to local authorities;
(j) providing for the making of investigations respecting persons to whom allowances may be paid or who are in receipt of allowances or by whom or on whose, behalf application has been made for an allowance;
(k) prescribing the material or proof of any fact, includ- ing evidence under oath, that shall be furnished as a condition precedent to the payment of an allowance;
(/) fixing the intervals at which and the manner in which allowances shall be paid;
(m) prescribing forms for use under this Act; and
(w) respecting any other matter necessary or advisable to carry out effectively the purposes of this Act. R.S.O. 1937, c. 313, s. 11, amended.
7. — (1) Where there is no welfare unit, the council of any municipality may, subject to the approval of the Minister, appoint any person as the local authority for such municipality for the purposes of this Act, but until such an appointment is made the clerk of such municipality shall be the local authority.
l^dalits. (-^^ Every local authority shall, for the purposes of this
Rev Stat '^^^' ^^ ^ Commissioner for taking affidavits within the meaning c. 121. " of The Commissioners Jor taking Affidavits Act. New.
Allowances and ex-
low payable.
8. Allowances and the expenses of administration of this
oneys as may be appro- R.S.O. 1937, c. 313, s. 5;
Snw^na^hifi ^^^ ^^^'' ^^ payable out of such moneys as may be appro-
priated therefor by the Legislature 1938, c. 37, s. 15 (1), amended.
Rev^.^stat., 9 j-j^^ Mothers' Allowances Act, section 15 of The Statute 1938, c. 37, i^a^ Amendment Act, 1938, and The Mothers' Allowances 1946,' 0. 59, Amendment Act, 1946, are repealed.
repealed. ' ^
Commence- 10. This Act shall come into force on a day to be named
ment of Act. it- /- i i • t^ . •
by the Lieutenant-Governor by his Proclamation.
Short title.
11. This Act may be cited as The Mothers' Allowances Act, 1948.
151
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No. 152
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to provide for Welfare Units.
Mr. Goodfellow
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Note
The Act authorizes the establishment of welfare units.
Provision is made in section 4 for the payment of fifty per centum of the administrative costs by the Province.
152
No. IJ! ,^
BILL
An Act to provide for Welfare Units.
TJ IS MAJESTY, by and with the advice and consent of X X the Legislative Assembly of the Province of Ontario enacts as follows: '
1. In this Act, — interpre-
tation,—
(a) "administrator" means a public welfare administrator "adminis- appointed under this Act; trator";
(b) "Minister" means Minister of Public Welfare; "Mmiater"
(c) "regulations" means regulations made under this'Teguia-
Act; and "°°»":
(d) "unit" means a welfare unit established under this "unit". Act.
2. The council of any municipality may by by-law estab- ^^^^t**))^- lish a unit which shall have the same territorial limits as the '"""'<'«>*• municipality, provided that no such by-law shall come into""^ force or have any effect until it has been approved by the Lieutenant-Governor in Council.
3. — (1) A unit may be established for the unorganized ^^**^**^"
territorv in any territorial district. district
•' units.
(2) The council of any municipality in a territorial district ^°'*'»«- may by by-law, approved by the Lieutenant-Governor in district Council, become part of the district unit upon such terms and conditions, notwithstanding any Act, as may be provided in the by-law.
4. Where a municipal unit is established, the Lieutenant- ^^™jj'J|*'™- Governor in Council, with the consent of the council of the staff, municipality, may appoint an administrator to administer such public welfare matters as are designated in the regulations, and such staff as the administrator may require for the due cariying out of his duties.
152
Coatp-
5. — (1) Where a municipal unit is established there shall be paid to the municipality establishing it an amount equal to fifty per centum of the cost of the administration of welfare matters under this Act.
how payable. (2) The amounts payable under this section shall be paid out of such moneys as may be appropriated therefor by the Legislature.
Disestab- lishment of welfare areas.
Effective date.
6. — (1) Where a municipal unit has been established, the municipality may by by-law, or the Lieutenant-Governor in Council may by order, disestablish the unit, provided that notice of intention to pass such by-law or make such order has been given to the clerk of the municipality or to the Clerk of the Executive Council, as the case may be, at least three months before the by-law or order is to come into effect.
(2) Any such by-law or order shall be effective on the 31st day of March next after its passing or making, as the case may be.
Regula- tions.
7. The Lieutenant-Governor in Council may make regu- lations,—
(a) regulating and governing the establishment of units;
(&) designating the welfare matters that shall be ad- ministered by administrators;
(c) governing the qualifications of administrators and the
members of their staffs;
(d) prescribing the powers and duties of administrators;
(e) prescribing the manner of computing the cost of
administration of welfare matters under this Act;
(/) prescribing the times and manner of payment of amounts under section 5;
(g) prescribing the records to be kept under this Act and prescribing the returns to be made to the Minister and the form thereof; and
(h) respecting any other matter necessary or advisable to carry out effectively the purposes of this Act.
Short title. 8. This Act may be cited as The Welfare Units Act, 1948.
152
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No. 152
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to provide for Welfare Units.
Mr. Goodfellow
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
BILL
An Act to provide for Welfare Units.
TT IS MAJESTY, by and with the advice and consent of X A the Legislative Assembly of the Province of Ontario enacts as follows: '
1. In this Act,— interpre-
tation,—
(a) "administrator" means a public welfare administrator "adminis- appointed under this Act; trator";
(b) "Minister" means Minister of Public Welfare; "Minister'
(c) "regulations" means regulations made under this "reKuia-
Act;and "°"«":
(d) "unit" means a welfare unit established under this "unit". Act.
2. The council of any municipality may by by-law estab- ^*^t*'i*?*»" lish a unit which shall have the same territorial limits as the '""^•'^'Pa' municipality, provided that no such b}-law shall come into""* force or have any effect until it has been approved by the Lieutenant-Governor in Council.
3. — (1) A unit may be established for the unorganized ^1*^^*''^?'* territory in any territorial district. district
■^ ■' units.
(2) The council of anv municipality in a territorial district ^"'^'■««- ^ * -f mont or
may by by-law, approved by the Lieutenant-Governor in district Council, become part of the district unit upon such terms and conditions, notwithstanding any Act, as may be provided in the by-law.
4. Where a municipal unit is established, the Lieutenant- ^*J™|jJ|«*™- Governor in Council, with the consent of the council of the staff, municipality, may appoint an administrator to administer such public welfare matters as are designated in the regulations, and such staff as the administrator may require for the due carrying out of his duties.
152
Cost.— 5 — ^j^ Where a municipal unit is established there shall
be paid to the municipality establishing it an amount equal to fifty per centum of the cost of the administration of welfare matters under this Act.
how payable. (2) The amounts payable under this section shall be paid out of such moneys as may be appropriated therefor by the Legislature.
Disestab- lishment of welfare areas.
6. — (1) Where a municipal unit has been established, the municipality may by by-law, or the Lieutenant-Governor in Council may by order, disestablish the unit, provided that notice of intention to pass such by-law or make such order has been given to the clerk of the municipality or to the Clerk of the Executive Council, as the case may be, at least three months before the by-law or order is to come into effect.
Effective date.
(2) Any such by-law or order shall be effective on the 31st day of March next after its passing or making, as the case may be.
Regula- tions.
7. The Lieutenant-Governor in Council may make regu- lations,—
(a) regulating and governing the establishment of units;
(b) designating the welfare matters that shall be ad-
ministered by administrators;
(c) governing the qualifications of administrators and the
members of their staffs;
(d) prescribing the powers and duties of administrators;
(e) prescribing the manner of computing the cost of
administration of welfare matters under this Act;
(/) prescribing the times and manner of payment of amounts under section 5;
(g) prescribing the records to be kept under this Act and prescribing the returns to be made to the Minister and the form thereof; and
(h) respecting any other matter necessary or advisable to carry out effectively the purposes of this Act.
Short title. 8. This Act mav be cited as The Welfare Units Act, 1948.
152
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No. 153
4th Session, 22nd Lkgislaturk, Ontario 12 George VI, 1948
BILL
An Act respecting the Purchase by The Corporation of the City of
Ottawa of Certain Assets of Ottawa Light, Heat and Power
Company, Limited.
Mp. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
xercise ers in t
No. 153 jg^g
BILL
An Act respecting the Purchase by The Corporation
of the City of Ottawa of Certain Assets of Ottawa
Light, Heat and Power Company, Limited.
HIS MAJESTY, b>- and with the advice and consent of the Legislative Assembh- of the Province of Ontario, enacts as follows:
1. The Corporation of the City of Ottawa may purchase <.">' ""^hor- all or part of that part of the undertaking, property and assets purchLe
of Ottawa Light, Heat and Power Company, Limited, situate ofouawa*''
in Ontario. Hf'pJ^tf
Company,
2. Notwithstanding any general or special Act, The Cor-^'""^**'" poration of the City of Ottawa and The Hydro-Electric city com- Commission of the City of Ottawa or either of them may^Tiuhor'ized exercise the like powers within any municipality or munici-po^^ palities adjacent to the City of Ottawa as the Corporation fdjiuen and the Commission or either of them may exercise within thepauties. City of Ottawa under The Public Utilities Act, including theRev. stat., power to supply electrical power or energ\- to owners and occupants of land in such adjacent municipality or munici- palities, and such powers may be exercised without the authority" of the adjacent municipalit>' or municipalities.
3. ]t shall not be necessar}- to submit any b\-law for theg||^^"r8^n(,t issue of debentures to pay for the purchase of the said under- '■®''"''"®*^- taking, property and assets of Ottawa Light, Heat and Power Company, Limited, to the electors of the City of Ottawa qualified to vote on money by-laws, and the amount of such debentures shall not be included in the Corporation's debt
in estimating the limit of its borrowing powers.
4. No power conferred by this Act shall be exercised without of^werctie the approval of the Lieutenant-Governor in Council upon the of powers, recommendation of The H\dro-Electric Power Commission
of Ontario.
5. This Act shall come into force on a da>- to he named b>'ment of Act. the Lieutenant-Governor by his Proclamation.
6. This Act may be cited as The Ottawa Light, Heat «nJ short title. Power Company, Limited Purchase Act, 1948.
153
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rchase by The of Ottawa of ight, Heat and imited. |
No. 153
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act respecting the Purchase by The Corporation of the City of
Ottawa of Certain Assets of Ottawa Light, Heat and Power
Company, Limited.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 153 1943
BILL
An Act respecting the Purchase by The Corporation
of the City of Ottawa of Certain Assets of Ottawa *
Light, Heat and Power Company, Limited.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Corporation of the City of Ottawa may purchase <^"7 author- all or part of that part of the undertaking, property and assets purchaee
of Ottawa Light, Heat and Power Company, Limited, situate of ouaS^** in Ontario. ILfk^t^
Company,
2. Notwithstanding any general or special Act, The Cor- ^""'^®*** poration of the City of Ottawa and The Hydro-Electric city com- Commission of the City of Ottawa or either of them may^JthoHzed exercise the like powers within any municipality or niunici-[,° ®|%*^j'^ palities adjacent to the City of Ottawa as the Corporation a<*J»ce^t and the Commission or either of them may exercise within the paiities. City of Ottawa under The Public Utilities Act, including the Rev. stat.. power to supply electrical power or energy to owners and '^' occupants of land in such adjacent municipality or munici- palities, and such powers may be exercised without the authority of the adjacent municipality or municipalities,
3. It shall not be necessary to submit any by-law for the ^j|^o^°nQt issue of debentures to pay for the purchase of the said under- ""^^ "'■"***• taking, property and assets of Ottawa Light, Heat and Power Company, Limited, to the electors of the City of Ottawa qualified to vote on money by-laws, and the amount of such debentures shall not be included in the Corporation's debt
in estimating the limit of its borrowing powers.
4. No power conferred by this Act shall be exercised without JjP^x^TOte* the approval of the Lieutenant-Governor in Council upon theof po^««- recommendation of The Hydro-Electric Power Commission
of Ontario.
5. This Act shall come into force on a day to be named byment of Act. the Lieutenant-Governor by his Proclamation.
6. This Act may be cited as The Ottawa Light, Heat awf/ short title. Power Company, Limited Purchase Act, 1948.
153
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No. 154
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Statute Law Amendment Act, 1948.
Mr. Black well
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. This section is complementary to Bill No. 125, An Act to assist the Development of Housing Accommodation.
This will enable joint stock and cash-mutual insurance companies to lend on mortgages on real estate in excess of the sixty per centum of value limitation or in excess of the amount authorized to be loaned under The National Housing Act, 1944 (Canada) where the excess is guaranteed under The Housing Development Act, 1948.
154
No. 154 1948
BILL
The Statute Law Amendment Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Clause g of subsection 1 of section 300 of The Com- Rev. stat.. panies Act, as amended by subsection 2 of section 3 of rAesub^.^ifc?!*?; Statute Law Amendment Act, 1939 and section 1 of The Cow- *'"""**"**• panies Amendment Act, 1945, is further amended b>' adding at the end thereof the words "or may make loans on the security of real estate or leaseholds or other estate or interest therein in excess of sixty per centum of the value aforesaid or in excess of the amount which may be loaned hereunder in accordance with The National Housing Act, 1944 (Canada) or any amendments thereto, where the amount of the excess is guaranteed by the Lieutenant-Governor in Council or by a municipality under The Housing Development Act, 1948"'^ so that the said clause shall now read as follows:
(g) real estate or leaseholds for a term or terms of >ears Real estate, or other estate or interest therein in Canada or elsewhere where the insurer is carrying on business, provided, however, that no such loan shall exceed sixty per centum of the value of the real estate or interest therein which forms the security for such loan, but this proviso shall not be deemed to prohibit an insurer from accepting as part payment for real estate sold by it, a mortgage or hypothec thereon for more than sixty per centum of the sale price of such real estate; but notwithstanding the foregoing, an insurer may lend its funds, or any ix)rtion thereof, on the security of real estate pursuant to the pro- visions of The National Housing Act, 1938 (Canada), i938. c. 49; or The National Housing Act, 1944 (Canada) or any c. 46 ' amendments thereto, or may make loans on thef948***o*\'.. security of real estate or leaseholds or other estate or interest therein in excess of sixty per centum of the value aforesaid or in excess of the amount which may be loaned hereunder in accordance with The National Housing Act, 1944 (Canada) or any
154
amendments thereto, where the amount of the excess is guaranteed by the Lieutenant-Governor in Council or by a municipality under The Housing Develop- ment Act, 1948.
ment"oT8ec- (2) This section shall come into force on the day upon which *^°°- this Act receives the Royal Assent.
1948,
C. ... 8. 15,
amended.
2. Section 15 of The Coroners Act, 1948, is amended by inserting after the word "death" in the third line the words "resulted from any of the circumstances mentioned in section 7 and that such circumstances", so that the said section shall now read as follows:
Death due to events occurring beyond juris- diction.
15. Where a coroner has issued his warrant to take possession of a body within his jurisdiction and it appears that the death resulted from any of the circumstances mentioned in section 7 and that such circumstances occurred at a place beyond his juris- diction, he shall take possession of the body and shall view the body and make such further investi- gation as may be required to enable him to determine whether or not an inquest is necessary and where he determines that an inquest is necessary he may, with the consent of the Crown attorney, at any time during the course of the proceedings, transfer the inquest to a coroner having jurisdiction at such place and the inquest shall be conducted by such coroner as though the body was within his jurisdiction and he had issued the warrant; but the coroner issuing the warrant may take evidence to prove the fact of death, the identity of the body and the post- mortem examination of the body, and such evidence shall be transmitted to and received by the coroner holding the inquest as part of the proceedings before him.
i9^7.^c. 31. 3 Clause c of section 1 of The District Homes for the Aged re-enacted. Act, 1947, is repealed and the following substituted therefor:
"super- visor".
(c) "supervisor" shall mean a supervisor of the Depart- ment of Public Welfare.
i947.^c. 46. 4, Clause h of section 1 of The Homes for the Aged Act, 1947, re-enacted, is repealed and the following substituted therefor:
"super- visor".
(b) "supervisor" shall mean a supervisor of the Depart- ment of Public Welfare.
Rev. Stat., c. 45. s. 9. subs. 4. amended.
5. — (1) Subsection 4 of section 9 of The Lakes and Rivers Improvement Act is amended by striking out the words
154
Section 2. The words added were inadvertently omitted from th*
Section 3. Supervisors are appointed under The Public Service Act rather than The Department of Public Welfare Act. The amendment brings the statute into line with practice.
Section 4. Supervisors are appointed under The Public Service Act rather than The Department of Public Welfare Act. The amendment brings the statute into line with practice.
Section S. There is now no Department of Game and Fisheries. The former department is now part of the Department of Lands and Forests. The Minister referred to in the amendments is the Minister of Lands and Forests.
154
Section 6. The only substantive change effected by this amendment is that all registered leases will now be included in the list of conveyances furnished by the master of titles to the municipality. At present leases for less than 21 years are not included.
Section 7. The words at the commencement of subsection 2 of section 9 of The Legislative Assembly Act and clause dd of the subsection now read as follows:
(2) Nothing in this section shall render ineligible as aforesaid or dis- qualify from silting and voting in the Assembly when not other- wise disqualified, —
(dd) any person holding any temporary employment in the service of the Dominion of Canada during the period of the war between Canada and Germany and Japan.
Section 8. The provision in the third paragraph of the form as re-enacted is new.
154
''Department of Game and Fisheries" in the first and second Imes and insertmg in lieu thereof the word "Minister", so that the said subsection shall now read as follows:
(4) Upon the request of the Minister made either before FUihw.r. or after the construction thereof every such dam hereafter constructed shall be provided with a fishway which will permit the free and unobstructed passage of fish up and down stream at any season of the year.
(2) Subsection 6 of section 11 of The Lakes and River s^y.nuLt., Improvement Act is amended by striking out the words euu.' e." "' "Department of Game and Fisheries" in the third line and *""•"**•**• inserting in lieu thereof the word "Minister", so that the said subsection shall now read as follows:
(6) Where any dam heretofore constructed has not been Direction provided with a fishway the Lieutenant-Governor in to'"iS'*'''*' Council may at the request of the Minister, direct '"■°''*****- that the owner of such dam shall forthwith provide a fishway to permit the free and unobstructed passage of fish up and down stream at any season of the year.
6. Subsection 2 and subsection 3, as amended by section 4 Rev. stat.. of The Statute Law Amendment Act, 1947 (No. 2), of section SSeut^.'i.'i^' of The Land Titles Act are repealed and the following sub-™'®'***'***** stituted therefor:
(2) The master of titles shall, upon the request of the Master of council of a municipality, furnish a list of all con- furnish veyances whereby land in the municipality has been wi'th'fte^or'^ transferred, charged or leased, which have been *'°"^*y*"***- registered in his office during the next preceding year
or any part thereof, and the list shall include in respect of each conveyance, the names and addresses of the parties, the consideration and a short descrip- tion of the land.
(3) The master of titles shall be entitled to a fee of ten Fees. cents for every conveyance entered in the list.
7. Clause dd of subsection 2 of section 9 of The Legislative c^xi, a. 9."
Assembly Act, as enacted by section 1 of The Legislative^^, dd
Assembly Amendment Act, 1944, is repealed. c^si.'s. i).
repealed.
8. Form 6 of Schedule A to The Mechanics' Lien Act isR«y. stat.. repealed and the following substituted therefor: schedule a.
Form 6, FORM 6 re-enacted.
{Section 35) Notice of Trial (Style of Court and Cause)
154
TAKE NOTICE that this action will be tried at the in the of , in the County
(or District) of on the
day of by and at such time and place the
will proceed to try the action and all questions as provided by The Mechanics' Lien Act.
And further take notice that if you do not appear at the trial and defend the action or prove your claim, if any, the proceedings will be taken in your absence and you may be deprived of all benefit of the proceedings and your rights disposed of in your absence.
And further take notice that all parties and lien claimants shall bring with them on the day herein set for trial all mortgages, contracts, agreements, orders, cheques, notes, delivery slips, time-books, books of account, diaries, duplicate original liens, and any other books or papers necessary to prove liens or defences. If any person fails to comply with these directions, the costs of the day may be given against him in the event that an adjournment is necessary for the production of any of the above-mentioned documentary evidence.
This is a Mechanics' Lien action brought by the above-named plaintiffs against the above-named defendants to enforce a Mechanics' Lien against the following lands: (set out description of lands).
This notice is served by, etc.
Dated ,19 j
To
o'^266^8^224 ^- — (^) Subsection 3 of section 224 of The Municipal Act subs. 3,^ ^^ amended by striking out the figures "200,000" in the second line and inserting in lieu thereof the figures "150,000", so that the said subsection shall now read as follows:
(3) Where the population of a city exceeds 100,000, but is less than 150,000, the salary shall not exceed for each member of the board the sum of $2,500 per annum.
Rev. Stat.. (2) The said section 224 is further amended by adding amended, 'thereto the following subsection:
(3a) Where the population of a city exceeds 150,000, but is less than 200,000, the salary shall not exceed for each member of the board the sum of $3,500 per annum.
menwff"*'^' ^^^ "'^^^^ section shall come into force on the 1st day of section. June, 1948.
S®93.?\V. 10.— (1) Clause g of subsection 1 of section 10 of The Imiided^'' ^' -^^^^^^^ Parjfes Act is amended by striking out the words
"by-law or" in the second line, so that the said clause shall now
read as follows:
(g) for imposing penalties not exceeding $100 for any breach of any such regulation.
154
Section 9. At present the salaries of members of a board of control of a city having a population between 100,000 and 200,000 are limited to $2,500 per annum. These amendments provide a maximum of |3,500 where the population exceeds 150,000 but is less than 200,000.
Section 10. The power given to the Commission by the opening words of subsection 1 of section 10 is to make regulations, not by-laws.
154
Section 11. The Nurses' Registration Act has been superseded by The Nurses Act, 1947.
Section 12. This amendment removes "canned foods" from the definition of "fruit and produce".
Section 13. Part II of The Public Lands Act deals with free grants of land to settlers. There is no authority to make grants to former members of the forces as such and the regulations authorized by the amendment will give such authority.
Section 14. The only substantive change effected by this amendment is that all registered leases will now be included in. the list of conveyances furnished by the registrar to the municipality. At present leases for less than 21 years are not included.
154
(2) Subsection 2 of the said section 10 is amended by »•»•«•*•. stnking out the word "by-law" in the first line and inserting JuS?/ 1; '^• in heu thereof the word "regulation", so that the said sub- '"°""'**^- section shall now read as follows:
(2) Any offence against any such regulation shall beoir«noM punishable under The Summary Convictions Act,Wi^*'^^* and the penalties recoverable under this section shall JVae®***' be payable to the Commission.
11. The Nurses' Registration Act, The Nurses' Registration b.«v. sut.. Amendment Act, 1938, and The Nurses' Registration Amend-ldlTc. 2^- ment Act, 1944, are repealed. rei^iiSd"'
12. Clause b of section 1 of The Ontario Food Terminal i9A6. c. 63. Act, 1946, is amended by striking out the words "canned amend^! foods" in the first line, so that the said clause shall now read
as follows:
{h) "fruit and produce" shall include dairy products, "fruit and eggs, fish, honey, maple products, poultry and '"^°*'"'^" vegetables.
13. The Public Lands Act is amended by adding thereto Rev. stat.. the following section: amended.
ZZa. The Lieutenant-Governor in Council may make R«fu'at>on« , . -^ re free grant*
regulations, — to members
of forces.
(a) providing for free grants not exceeding one hundred and sixty acres of public land situated anywhere in the Province to former members of the forces;
{b) defining "former members of the forces";
(c) prescribing the terms and conditions upon which such grants may be made,
and, except as otherwise provided by the regulations, the provisions of this Part shall apply to such grants.
14. Section 104 of The Registry Act, as amended by section 4 J'^^s^*-^ of The Registry Amendment Act, 1947, is repealed and the re-enactid. following substituted therefor:
(1) The registrar shall, upon the request of the council R««i-t™r^to^ of a municipality, furnish a list of all conveyances oipamy with whereby land in the municipality has been trans- oonreyanoss. f erred, mortgaged or leased, which have been registered in his office during the next preceding year
154
or any part thereof, and the list shall include in respect of each conveyance, the names and addresses of the parties, the consideration and a short descrip- tion of the land.
Fees.
(2) The registrar shall be entitled to a fee of 10 cents for every conveyance entered in the list.
o^lii 8 7 ^^' Section 7 of The Unclaimed Articles Act, 1947, is amended. ' amended by adding at the end thereof the words "or by The
Mechanics' Lien Act", so that the said section shall now read
as follows:
Exceptions. Rev. Stat., 00. 186, 200.
This Act shall not affect the right of any person to proceed in the manner prescribed by The Warehouse- men's Lien Act or by The Mechanics' Lien Act.
Power to aoquire certain lands.
1928, c. 55.
Rev. Stat., 0. 54 to apply.
16. — (1) Notwithstanding The University Lands Act, 1928, The Governors of the University of Toronto may purchase or acquire, and may enter upon, take and expropriate any of the lands described in The University Lands Act, 1928, as amended by The University Lands Act, 1929, or any interest therein, which the said Governors may deem necessary for the purposes of the University of Toronto.
(2) Whenever the said Governors exercise the power to enter upon, take and expropriate any of the said lands. The Public Works Act shall apply mutatis mutandis and the proce- dure shall be, as nearly as may be, that provided in The Public Works Act where land is taken for the public purposes of Ontario.
0^89'. s. 45, (^) Section 45 of The Statute Law Amendment Act, 1946, is
repealed. ' repealed.
^ommence- (4) This section shall come into force on the day upon
section. which this Act receives the Roval Assent.
Short title.
17. This Act may be cited as The Statute Law Amendment Act, 1948.
154
Section 15. The reference to Tlte Mechanics' Lien Act^ is added in order to ensure that the right of mechanics under that Act is preserved. The Act gives mechanics and others who have a lien for work done on chattels the right to sell the chattels in the manner prescribed. It is not the purpose of The Unclaimed Articles Act, 1947, to derogate from this right.
Section 16. Self-explanatory.
154
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2 r r
No. 154
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Statute Law Amendment Act, 1948.
Mr. Blackwell
{Reprinted as amended in Committee of the Whole House.)
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. This section is complementary to Bill No. 125, An Act to assist the Development of Housing Accommodation.
This will enable joint stock and cash-mutual insurance companies to lend on mortgages on real estate in excess of the sixty per centum of value limitation or in excess of the amount authorized to be loaned under The National Housing Act, 1944 (Canada) where the excess is guaranteed under The Housing Development Act, 1948.
154
No. 154 1Q48
BILL
The Statute Law Amendment Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. — (1) Clause g of subsection 1 of section 300 of The Com-nev. stat..
panies Act, as amended by subsection 2 of section 3 of Thetut^\u\^^'. Statute Law Amendment Act, 1939 and section 1 of The C<wi -'""*"***** ' panies Amendment Act, 1945, is further amended by adding at the end thereof the words "or may make loans on the security of real estate or leaseholds or other estate or interest therein in excess of sixty per centum of the value aforesaid or in excess of the amount which may be loaned hereunder in accordance with The National Housing Act, 1944 (Canada) or any amendments thereto, where the amount of the excess is guaranteed by the Lieutenant-Governor in Council or by a municipality under The Housing Development Act, 1948", so that the said clause shall now read as follows:
(g) real estate or leaseholds for a term or terms of years Real estate, or other estate or interest therein in Canada or elsewhere where the insurer is carrying on business, provided, however, that no such loan shall exceed sixty per centum of the value of the real estate or interest therein which forms the security for such loan, but this proviso shall not be deemed to prohibit an insurer from accepting as part payment for real estate sold by it, a mortgage or hypothec thereon for more than sixty per centum of the sale price of such real estate; but notwithstanding the foregoing, an insurer may lend its funds, or any portion thereof, on the security of real estate pursuant to the pro- visions of The National Housing Act, 1938 (Canada), i938. c. 49; or The National Housing Act, 1944 (Canada) or any c. 46 amendments thereto, or may make loans on the i948%*\" . . security of real estate or leaseholds or other estate or interest therein in excess of sixty per centum of the value aforesaid or in excess of the amount which may be loaned hereunder in accordance with The National Housing Act, 1944 (Canada) or any
154
amendments thereto, where the amount of the excess is guaranteed by the Lieutenant-Governor in Council or by a municipality under The Housing Develop- ment Act, 1948.
ment"oT8ec- (2) This section shall come into force on the day upon which tion. (-^jg ^(,(. receives the Royal Assent.
1948.
C. ... 8. 15,
amended.
2. Section 15 of The Coroners Act, 1948, is amended by inserting after the word "death" in the third line the words "resulted from any of the circumstances mentioned in section 7 and that such circumstances", so that the said section shall now read as follows:
Death due to events occurring beyond juris- diction.
15. Where a coroner has issued his warrant to take possession of a body within his jurisdiction and it appears that the death resulted from any of the circumstances mentioned in section 7 and that such circumstances occurred at a place beyond his juris- diction, he shall take possession of the body and shall view the body and make such further investi- gation as may be required to enable him to determine whether or not an inquest is necessary and where he determines that an inquest is necessary he may, with the consent of the Crown attorney, at any time during the course of the proceedings, transfer the inquest to a coroner having jurisdiction at such place and the inquest shall be conducted by such coroner as though the body was within his jurisdiction and he had issued the warrant; but the coroner issuing the warrant may take evidence to prove the fact of death, the identity of the body and the post- mortem examination of the body, and such evidence shall be transmitted to and received by the coroner holding the inquest as part of the proceedings before him.
s^V'oi'c^' ^- Clause c of section 1 of The District Homes for the Aged re-enacted. Act, 1947, is repealed and the following substituted therefor:
"super- visor".
(c) "supervisor" shall mean a supervisor of the Depart- ment of Public Welfare.
i947.^c. 46, 4^ Clause h of section 1 of The Homes for the Aged Act, 1947, re-enacted, is repealed and the following substituted therefor:
"super- visor".
{h) "supervisor" shall mean a supervisor of the Depart- ment of Public Welfare.
Rev. Stat., o. 45, s. 9, subs. 4, amended.
5. — (1) Subsection 4 of section 9 of The Lakes and Rivers Improvement Act is amended by striking out the words
154
Section 2. The words added were inadvertently omitted from the section as it appears in Bill No. 48 and they are necessary to eive the section Its proper meaning.
Section 3. Supervisors are appointed under The Public Service Act rather than The Department of Public Welfare Act. The amendment brings the statute into line with practice.
Section 4. Supervisors are appointed under The Public Service Act rather than The Department of Public Welfare Act. The amendment brings the statute into line with practice.
Section 5. There is now no Department of Game and Fisheries. The former" department is now part of the Department of Lands and Forests The Minister referred to in the amendments is the Minister of Lands and Forests.
154
Section 6. The only substantive change effected by this amendment is that all registered leases will now be included in the list of conveyances furnished by the master of ^titles to the municipality. At present leases for less than 21 years are not included.
Section 7. The words at the commencement of subsection 2 of section 9 of The Legislative Assembly Act and clause dd of the subsection now read as follows:
(2) Nothing in this section shall render ineligible as aforesaid or dis- qualify from sitting and voting in the Assembly when not other- wise disqualified, —
idd) any person holding any temporary employment in the service of the Dominion of Canada during the period of the war between Canada and Germany and Japan.
Section 8. The provision in the third paragraph of the form as re-enacted is new.
154
Department of Game and Fisheries" in the first and second hnes and msertmg in lieu thereof the word "Minister" so that the said subsection shall now read as follows:
(4) Upon the request of the Minister made either before FiBhw.y. or after the construction thereof every such dam hereafter constructed shall be provided with a fishway which will permit the free and unobstructed passage of fish up and down stream at an>' season of the year.
(2) Subsection 6 of section 11 of The Lakes and Rivers fUy.sut.. Improvement Act is amended by striking out the words Siiu.' e." "' ''Department of Game and Fisheries" in the third line and '""•'****^- inserting in lieu thereof the word "Minister", so that the said subsection shall now read as follows:
(6) Where any dam heretofore constructed has not been Dir»ction provided with a fishway the Lieutenant-Governor in to'"»?'*'^*'' Council may at the request of the Minister, direct *""°^'***'*- that the owner of such dam shall forthwith provide a fishway to permit the free and unobstructed passage of fish up and down stream at any season of the year.
6. Subsection 2 and subsection 3, as amended by section 4 Rev. stat., of The Statute Law Amendment Act, 1947 {No. 2), of section 558ub^*'2**8?* of The Land Titles Act are repealed and the following sub- '^'•°*®*^' stituted therefor:
(2) The master of titles shall, upon the request of the Master of council of a municipality, furnish a list of all con- furnish veyances whereby land in the municipality has been with'nit*!)*' transferred, charged or leased, which have been °°°^*y*°''*"- registered in his office during the next preceding year
or any part thereof, and the list shall include in respect of each conveyance, the names and addresses of the parties, the consideration and a short descrip- tion of the land.
(3) The master of titles shall be entitled to a fee of tenpeee. cents for every conveyance entered in the list.
7. Clause dd of subsection 2 of section 9 of The Legislative c.^ii.B. 9','
Assembly Act, as enacted by section 1 of The Legislative oi. dd
Assembly Amendment Act, 1944, is repealed. o^siVa. x).
repealed.
8. Form 6 of Schedule A to The Mechanics' Lien Act is Rev. stat.. reoealed and the following substituted therefor: siheduki a,
^ Form 6.
FORM 6 {Secticn 35) Notice of Trial (Style of Court and Cause) 154
re-enaoted.
TAKE NOTICE that this action will be tried at the in the ^ of , in the County
(or District) of on the
day of by and at such time and place the
will proceed to try the action and all questions as provided by The Mechanics' Lien Act.
And further take notice that if you do not appear at the trial and defend the action or prove your claim, if any, the proceedings will be taken in your absence and you may be deprived of all benefit of the proceedings and your rights disp>osed of in your absence.
And further take notice that all parties and lien claimants shall bring with them on the day herein set for trial all mortgages, contracts, agreements, orders, cheques, notes, delivery slips, time-books, books of account, diaries, duplicate original liens, and any other books or papers necessary to prove liens or defences. If any person fails to comply with these directions, the costs of the day may be given against him in the event that an adjournment is necessary for the production of any of the above-mentioned documentary evidence.
This is a Mechanics' Lien action brought by the above-named plaintiffs against the above-named defendants to enforce a Mechanics' Lien against the following lands: {set out description oj lands).
This notice is served by, etc.
Dated , 19 .
To
?*266^s*224 ^-—(1) Subsection 3 of section 224 of The Municipal Act subs. 3, ' is amended by striking out the figures "200,000" in the second line and inserting in lieu thereof the figures "150,000", so that the said subsection shall now read as follows:
(3) Where the population of a city exceeds 100,000, but is less than 150,000, the salary shall not exceed for each member of the board the sum of $2,500 per annum.
Rev. Stat.. (2) The said section 224 is further amended by adding ainended. ' thereto the following subsection :
(3a) Where the population of a city exceeds 150,000, but is less than 200,000, the salary shall not exceed for each member of the board the sum of $3,500 per annum.
ment"cff"°* (3) This section shall come into force on the 1st day of section. June, 1948.
?®93.^8!\V. 10.— (1) Clause g of subsection 1 of section 10 of The ^^i^l^^^- ^' Niagara Parks Act is amended by striking out the words
"by-law or" in the second line, so that the said clause shall now
read as follows:
(g) for imposing penalties not exceeding $100 for any breach of any such regulation.
154
Section 9. At present the salaries of members of a board of control of a city having a population between 100,000 and 200,000 are limited to $2,500 per annum. These amendments provide a maximum of $3,500 where the population exceeds 150,000 but is less than 200,000.
Section 10 The power given to the Commission by the opening words of subsection 1 of section 10 is to make regulations, not by-laws.
154
Sectio> 11. The Nurses' Registration Act has been superseded by The Nurses Act, 1947.
Section 12. This amendment removes "canned foods" from the definition of "fruit and produce".
Section 13. Part II of The Public Lands Act deals with free grants of land to settlers. There is no authority to make grants to former members of the forces as such and the regulations authorized by the amendment will give such authority.
Section 14. The only substantive change effected by this amendment is that all registered leases will now be included in the list of conveyances furnished by the registrar to the municipality. At present leases for less than 21 years are not included.
154
(2) Subsection 2 of the said section 10 is amended bv R*"- 8t«t.. striking out the word "by-law" in the first line and inserting-?.'/ 2: "' in heu thereof the word "regulation", so that the said sub- '""'**^- section shall now read as follows:
(2) Any offence against any such regulation shall beorrenoa. punishable under The Summary Convictions ^f/.SnSiTr'"'"* and the penalties recoverable under this section shall ^Yae®'**- be payable to the Commission.
11. The Nurses' Registration Act, The Nurses' Registration n«y.sut.. Amendment Act, 1938, and The Nurses' Registration Amend- i^U^. 26 ment Act, 1944, are repealed. reSiiSd'*^'
12. Clause h of section 1 of The Ontario Food Terminal i946. o. es. Act, 1946, is amended by striking out the words "canned amerfdid: foods" in the first line, so that the said clause shall now read
as follows:
(6) "fruit and produce" shall include dairy products, "fruit and eggs, fish, honey, maple products, poultry and '""°'*"**" vegetables.
13. The Public Lands Act is amended by adding thereto Rev. stat.. the following section: amo^nded.
ZZa. The Lieutenant-Governor in Council mav make R«f uJation«
, , . re free grante
regulations, — to member»
of forces.
(a) providing for free grants not exceeding one hundred and sixty acres of public land situated an>^where in the Province to former members of the forces;
{h) defining "former members of the forces";
(c) prescribing the terms and conditions upon which such grants may be made,
and, except as otherwise provided by the regulations, the provisions of this Part shall apply to such grants.
14. Section 104 of The Registry Act, as amended by section 4 Rev. stat.. of The Registry Amendment Act, 1947, is repealed and the r4-«nacted. * following substituted therefor:
(1) The registrar shall, upon the request of the council ReKJ«trarJOj_ of a municipality, furnish a list of all conveyances ch>amy with whereby land in the municipality has been trans- conveyanoM. f erred, mortgaged or leased, which have been registered in his oflfice during the next preceding year
154
or any part thereof, and the Hst shall include in respect of each conveyance, the names and addresses of the parties, the consideration and a short descrip- tion of the land.
Fees.
(2) The registrar shall be entitled to a fee of 10 cents for every conveyance entered in the list.
cf 111, B. 7 ^^' Section 7 of The Unclaimed Articles Act, 1947, is amended. ' amended by adding at the end thereof the words "or by The
Mechanics' Lien Act", so that the said section shall now read
as follows:
Exceptions. Rev. Stat., cc. 186, 200.
7. This Act shall not affect the right of any person to proceed in the manner prescribed by The Warehouse- men's Lien Act or by The Mechanics' Lien Act.
Power to acquire certain lands.
1928, c. 55.
Rev. Stat., 0. 54 to apply.
16. — (1) Notwithstanding The University Lands Act, 1928, The Governors of the University of Toronto may purchase or acquire, and may enter upon, take and expropriate any of the lands described in The University Lands Act, 1928, as amended by The University Lands Act, 1929, or any interest therein, which the said Governors may deem necessary for the purposes of the University of Toronto.
(2) Whenever the said Governors exercise the power to enter upon, take and expropriate any of the said lands. The Public Works Act shall apply mutatis mutandis and the proce- dure shall be, as nearly as may be, that provided in The Public Works Act where land is taken for the public purposes of Ontario.
c. 89', 8. 45 (3) Section 45 of The Statute Law Amendment Act, 1946, is
repealed. ' repealed.
ment^cff^"^' (^) This section shall come into force on the day upon
section. which this Act receives the Roval Assent.
Rev. Stat.,
C. 288, 8. 936,
subs. 2
(1947,
c. 45, 8. 16.
subs. 1),
amended.
17. — (1) Subsection 2 of section 936 of The Highway Traffic Act, as enacted by subsection 1 of section 16 of The Highway Traffic Amendment Act, 1947 , is amended by striking out the word "and" at the end of clause d, by inserting the word "and" at the end of clause e, and by adding thereto the following clause:
Rev. Stat., c. 256.
(/) that the application is not made by or on behalf of an insurer in respect of any amount paid or payable by the insurer by reason of the existence of a policy of automobile insurance within the meaning of The Insurance Act and that no part of the amount sought to be paid out of the Fund is sought in lieu of making
154
Section 15 The reference to The Mechanics' Lien Act is added in Thf A.r-'"'"^ '^\' '^-^ "«^* °^ mechanics under that Act s p?^^ed
u..^^ ^'""^f mechanics and others who have a lien for work dTnT on chattels the nght to sell the chattels in the manner p?esSbS^ It ", not
he purpose of The Unclaimed Articles Act, 1947, to derogSe from th°
Section 16. Self-explanatory.
Section 17. The two amendments to Part XIIIA of The Higkrvay Traffic Act which are effected by this section of the Bill have the same purpose. One of them applies where judgment has been obtained against a known defendant who is unable to pay the judgment; the other applies where leave is sought to sue the Registrar of Motor \'ehicles in connection with a "hit and run accident". In both cases the amendment operates to prevent a payment being made out of the fund for the purpose of indem- nifying an insurer in respect of a payment made by it under a policy of automobile insurance.
154
a claim or receiving a pa>nienl which is fwyable by reason of the existence of a policy of automobile msurance within the meaning of The Insurance Act and that no part of the amount so sought will Im? paid to an insurer to reimburse or otherwise indem- nify such insurer in respect of any amount paid or payable by the insurer by reason of the existence of a policy of automobile insurance within the meaning of The Insurance Act.
(2) Subsection 2 of section 93e of The Highway Traffic >lf/,^*288^!rV8# as enacted by subsection 1 of section 16 of The Ilighway^^^- ^* Traffic Amendment Act, 1947, is amended by striking out thec^«!'s. le. word "and" at the end of clause h, by inserting the word "and^'am'^rndid. at the end of clause c, and by adding thereto the following
clause:
{d) that the application is not made by or on behalf of an insurer in respect of any amount paid or j^yable by reason of the existence of a policy of automobile insurance within the meaning of The Insurance Act^^^b^^^^" and that no part of the amount sought to be recovered in the intended action is sought in lieu of making a claim or receiving a payment which is payable by reason of the existence of a policy of automobile insurance w'ithin the meaning of The Insurance Act and that no part of the amount so sought will be paid to an insurer to reimburse or other\vise indem- nify such insurer in respect of any amount paid or payable by it by reason of the existence of a fxjlicy of automobile insurance within the meaning of The Insurance Act.
(3) This section shall come into force on the day upon Com mence- which this Act receives the Royal Assent and shall apply to section, motor vehicle accidents occurring in Ontario after the 1st
day of July, 1947. "9^
18. This Act may be cited as The Statute Law Amendment Short titi».
Act, 1948.
154
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No. 154
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
The Statute Law Amendment Act, 1948.
Mr. Blackwell
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
^o. 154 ,,^g
BILL
The Statute Law Amendment Act, 1948.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1.— (1) Clause g of subsection 1 of section 300 of The Com- ii«v. stat. parties Act, as amended by subsection 2 of section 3 of Theln^^\*:S.t: Statute Law Amendment Act, 1939 and section 1 of The C<wi- *"•"**•**• parties Amendment Act, 1945, is further amended by adding at the end thereof the words "or may make loans on the security of real estate or leaseholds or other estate or interest therein in excess of sixty per centum of the value aforesaid or in excess of the amount which may be loaned hereunder in accordance with The National Housing Act, 1944 (Canada) or any amendments thereto, where the amount of the excess is guaranteed by the Lieutenant-Governor in Council or b>' a municipality under The Housing Development Act, 1948", so that the said clause shall now read as follows:
(g) real estate or leaseholds for a term or terms of years Real Mtat*. or other estate or interest therein in Canada or elsewhere where the insurer is carrying on business, provided, however, that no such loan shall exceed sixty per centum of the value of the real estate or interest therein which forms the security for such loan, but this proviso shall not be deemed to prohibit an insurer from accepting as part payment for real estate sold by it, a mortgage or hypothec thereon for more than sixty per centum of the sale price of such real estate; but notwithstanding the foregoing, an insurer may lend its funds, or any portion thereof, on the security of real estate pursuant to the pro- visions of The National Housing Act, 1938 (Canada), less. o. 49: or The National Housing Act, 1944 (Canada) or any c. 46 amendments thereto, or may make loans on the Sig'.'^oV: . . security of real estate or leaseholds or other estate or interest therein in excess of sixty per centum of the value aforesaid or in excess of the amount which may be loaned hereunder in accordance with The Natiorml Housing Act, 1944 (Canada) or an>-
154
amendments thereto, where the amount of the excess is guaranteed by the Lieutenant-Governor in Council or by a municipaHty under The Housing Develop- ment Act, 1948.
ment"oTsec- (2) This section shall come into force on the day upon which tion. ^j^jg p^^^ receives the Royal Assent.
1948.
c. . . , s. 15, amended.
2. Section 15 of The Coroners Act, 1948, is amended by inserting after the word "death" in the third line the words "resulted from any of the circumstances mentioned in section 7 and that such circumstances", so that the said section shall now read as follows:
Death due to events occurring beyond juris- diction.
15. Where a coroner has issued his warrant to take possession of a body within his jurisdiction and it appears that the death resulted from any of the circumstances mentioned in section 7 and that such circumstances occurred at a place beyond his juris- diction, he shall take possession of the body and shall view the body and make such further investi- gation as may be required to enable him to determine whether or not an inquest is necessary and where he determines that an inquest is necessary he may, with the consent of the Crown attorney, at any time during the course of the proceedings, transfer the inquest to a coroner having jurisdiction at such place and the inquest shall be conducted by such coroner as though the body was within his jurisdiction and he had issued the warrant; but the coroner issuing the warrant may take evidence to prove the fact of death, the identity of the body and the post- mortem examination of the body, and such evidence shall be transmitted to and received by the coroner holding the inquest as part of the proceedings before him.
B^V'cx'f^' ^' Clause c of section 1 of The District Homes for the Aged re-enacted. Act, 1947 , is repealed and the following substituted therefor:
"super- visor".
(c) "supervisor" shall mean a supervisor of the Depart- ment of Public Welfare.
4. Clause h of section 1 of The Homes for the Aged Act, 1947,
1947. C. 46,
B. 1, cl. b,
re-enacted, is repealed and the following substituted therefor:
"super- visor".
(b) "supervisor" shall mean a supervisor of the Depart- ment of Public Welfare.
Rev. Stat,, c. 46, s. 9, subs. 4, amended.
5. — (1) Subsection 4 of section 9 of The Lakes and Rivers Improvement Act is amended by striking out the words
154
"Department of Game and Fisheries" in the first and second lines and inserting in lieu thereof the word "Minister", so that the said subsection shall now read as follows:
(4) Upon the request of the Minister made either before FUhw«y. or after the construction thereof ever>' such dam hereafter constructed shall be provided with a fishway which will permit the free and unobstructed passage of fish up and down stream at any season of the year.
(2) Subsection 6 of section 11 of The Lakes and Rivers ^^•v»ut.. Improvement Act is amended by striking out the words .ute." e." '*' ''Department of Game and Fisheries" in the third line and ^'"•'»«*«<*- inserting in lieu thereof the word "Minister", so that the said subsection shall now read as follows:
(6) Where any dam heretofore constructed has not been Direction provided with a fishway the Lieutenant-Governor in to'^be* **' Council may at the request of the Minister, direct''™^'*****' that the owner of such dam shall forthwith provide a fishway to permit the free and unobstructed passage of fish up and down stream at an>' season of the year.
6. Subsection 2 and subsection 3, as amended by section 4 Rev. sut.. of The Statute Law Amendment Act, 1947 (No. 2), of section 558ubeB.'2*'8. * of The Land Titles Act are repealed and the following sub- "'■•"*''^' stituted therefor:
(2) The master of titles shall, upon the request of theMMter^of
council of a municipality, furnish a list of all con-furntah veyances whereby land in the municipality has been wi"h'n8t of^ transferred, charged or leased, which have been °o"^«y*""*- registered in his office during the next preceding year or any part thereof, and the list shall include in respect of each conveyance, the names and addresses of the parties, the consideration and a short descrip- tion of the land.
(3) The master of titles shall be entitled to a fee of ten Feee.
cents for every conveyance entered in the list.
7. Clause dd of subsection 2 of section 9 of The Legislative c^^, s. 9. Assembly Act, as enacted by section 1 of The Legislative ci^^j ' Assembly Amendment Act, 1944, is repealed. o. sx/sj^i).
8. Form 6 of Schedule A to The Mechanics' Lien Act isruv^sut..
repealed and the following substituted therefor: schedule a.
^^r^-.. -r re-enacted.
FORM 6
(Section 35)
Notice of Trial
(Style of Court and Cause)
154
TAKE NOTICE that this action will be tried at the in the of , in the County
(or District) of on the
day of by and at such time and place the
will proceed to try the action and all questions as provided by The Mechanics' Lien Act.
And further take notice that if you do not appear at the trial and defend the action or prove your claim, if any, the proceedings will be taken in your absence and you may be deprived of all benefit of the proceedings and your rights disposed of in your absence.
And further take notice that all parties and lien claimants shall bring with them on the day herein set for trial all mortgages, contracts, agreements, orders, cheques, notes, delivery slips, time-books, books of account, diaries, duplicate original liens, and any other books or papers necessary to prove Hens or defences. If any person fails to comply with these directions, the costs of the day may be given against him in the event that an adjournment is necessary for the production of any of the above-mentioned documentary evidence.
This is a Mechanics' Lien action brought by the above-named plaintiffs against the above-named defendants to enforce a Mechanics' Lien against the following lands: {set out description of lands).
This notice is served by, etc.
Dated ,19 ,
To
?Y66^8^224 ^-"(1) Subsection 3 of section 224 of The Municipal Act subs. 3. ' is amended by striking out the figures "200,000" in the second line and inserting in lieu thereof the figures "150,000", so that the said subsection shall now read as follows:
(3} Where the population of a city exceeds 100,000, but is less than 150,000, the salary shall not exceed for each member of the board the sum of $2,500 per annum.
Rev. Stat., (2) The said section 224 is further amended by adding amended. ' thereto the following subsection:
(3a) Where the population of a city exceeds 150,000, but is less than 200,000, the salary shall not exceed for each member of the board the sum of $3,500 per annum.
Commence- (3) ^\\is section shall come into force on the 1st dav of ment of ^ '
section. June, 1948.
?®93.^8*\V. 10.— (1) Clause g of subsection 1 of section 10 of The amended*'^' *' "^^^^^^^ P(^^^^ ^c/,is amended by striking out the words
"by-law or" in the second line, so that the said clause shall now
read as follows:
(g) for imposing penalties not exceeding $100 for any breach of any such regulation.
154
(2) Subsection 2 of the said section 10 is amended by ^"^ «»•«•. striking out the word "by-law" in the first line and inserting -u"' I.' *°* in heu thereof the word "regulation", so that the said sub- ""•"'*•**• section shall now read as follows:
(2) Any offence against any such regulation shall beofftnow punishable under The Summary Convictions AdXldS^*^^* and the penalties recoverable under this section shall ^Yie?^*" be payable to the Commission.
11. The Nurses' Registration Act, The Nurses" Registration ntv.sUit..
Amendment Act, 1938, and The Nurses' Registration Amend '' ~''^ -s; ment Act, 1944, are repealed. ,.'^*
12. Clause h of section 1 of The Ontario Food Terminal^^*^.^-^^. Act, 1946, is amended by striking out the words "canned amendid! foods" in the first line, so that the said clause shall now read
as follows:
(&) "fruit and produce" shall include dairy products, -fruit and eggs, fish, honey, maple products, poultry and ^^ "**' vegetables.
13. The Public Lands Act is amended by adding thereto Rev. stat., the following section: amended.
2>3a. The Lieutenant-Governor in Council mav make Re«uiation«
re Tree sranu regulations, — to members
* of forces.
(a) providing for free grants not exceeding one hundred and sixty acres of public land situated any-where in the Province to former members of the forces;
{h) defining "former members of the forces";
(c) prescribing the terms and conditions upon which such grants may be made,
and, except as othen^ise provided by the regulations, the provisions of this Part shall apply to such grants.
14. Section 104 of The Registry Act, as amended by section 4 ^^70^^104. of The Registry Amendment Act, 1947, is repealed and theri-enact^d. following substituted therefor:
(1) The registrar shall, upon the request of the council Ke«i|;trarj°. of a municipality, furnish a list of all conveyances c.^pamy with whereby land in the municipality has been trans- conveyances ferred, mortgaged or leased, which have been registered in his office during the next preceding year
154
or any part thereof, and the list shall include in respect of each conveyance, the names and addresses of the parties, the consideration and a short descrip- tion of the land.
Fees.
(2) The registrar shall be entitled to a fee of 10 cents for every conveyance entered in the list.
1947,
C. 111. 8. 7.
amended.
15. Section 7 of The Unclaimed Articles Act, 1947, is amended by adding at the end thereof the words "or by The Mechanics' Lien Act", so that the said section shall now read as follows:
Exceptions. Rev. Stat., oc. 186, 200.
7. This Act shall not afifect the right of any person to proceed in the manner prescribed by The Warehouse- men's Lien Act or by The Mechanics' Lien Act.
Power to acquire certain lands.
1928, c. 55.
Rev. Stat. 0. 54 to apply.
16. — (1) Notwithstanding The University Lands Act, 1928, The Governors of the University of Toronto may purchase or acquire, and may enter upon, take and expropriate any of the lands described in The University Lands Act, 1928, as amended by The University Lands Act, 1929, or any interest therein, which the said Governors may deem necessary for the purposes of the University of Toronto.
(2) Whenever the said Governors exercise the power to enter upon, take and expropriate any of the said lands. The Public Works Act shall apply mutatis mutandis and the proce- dure shall be, as nearly as may be, that provided in The Public Works Act where land is taken for the public purposes of Ontario.
c. 89' s 45 (3) Section 45 of The Statute Law Amendment Act, 1946, is
repealed. ' repealed.
m«nt^*f"°®' (4) This section shall come into force on the day upon
section. which this Act receives the Roval Assent.
Rev. Stat.,
c. 288, 8. 93t,
subs. 2
(1947,
o. 45, s. 1(
subs. 1),
amended.
17. — (1) Subsection 2 of section 936 of The Highway Traffic Act, as enacted by subsection 1 of section 16 of The Highway Traffic Amendment Act, 1947 , is amended by striking out the word "and" at the end of clause d, by inserting the word "and" at the end of clause e, and by adding thereto the following clause:
Rev. Stat.. 0. 256.
(/) that the application is not made by or on behalf of an insurer in respect of any amount paid or payable by the insurer by reason of the existence of a policy of automobile insurance within the meaning of The Insurance Act and that no part of the amount sought to be paid out of the Fund is sought in lieu of making
154
98«.
a claim or receiving a payment which is payable by reason of the existence of a policy of automobile msurance within the meaning of The Insurance Act and that no part of the amount so sought will be paid to an insurer to reimburse or otherwise indem- nify such insurer in respect of any amount paid or payable by the insurer by reason of the existence of a policy of automobile insurance within the meaning of The Insurance Act.
(2) Subsection 2 of section 93g of The Highway Traffic Act,^^"- st*t.. as enacted by subsection 1 of section 16 of The Highway bu^^S*' ^^ Traffic Amendment Act, 1947, is amended by striking out thec!^!.. le word "and" at the end of clause b, by inserting the word "and"lm'?nd^. ' at the end of clause c, and by adding thereto the following clause:
(d) that the application is not made by or on behalf of an insurer in respect of any amount paid or payable by reason of the existence of a policy of automobile insurance within the meaning of The Insurance Act^j^^^^- and that no part of the amount sought to be recovered in the intended action is sought in lieu of making a claim or receiving a payment which is payable by reason of the existence of a policy of automobile insurance within the meaning of The Insurance Act and that no part of the amount so sought will be paid to an insurer to reimburse or otherwise indem- nify such insurer in respect of any amount paid or payable by it by reason of the existence of a policy of automobile insurance within the meaning of The Insurance Act.
(3) This section shall come into force on the day upon Commence- which this Act receives the Royal Assent and shall apply toScUon. motor vehicle accidents occurring in Ontario after the 1st
day of July, 1947.
18. This Act may be cited as The Statute Law Amendment Short titi«. Act, 1948.
154
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No. 155
4th Session, 22nd Legislature, Ontario 12 George VI, 1948
BILL
An Act to amend The Companies Act.
Mr, Michener
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
Explanatory Notes
Section 1. This Bill re-enacts Part XII of The Companies Act which contains special provisions relating to co-operative corporations. The following are the changes in principle incorporated in the Bill:
1. Henceforth co-operative corporations with share capital shall have only one class of shares to be known as co-operative or co-op shares and the special conditions attaching to the shares are required to appear on the share certificate. (Section 143.)
2. The provision for the termination of a membership in a corpora- tion without share capital is new. (Section 145.)
. 3. Provision is made for voting of corporate members or shareholders by officers or directors designated by the corporate shareholder or member. (Section 147 (3).)
4. Power is given to corporations with share capital to require that the shareholders shall invest their patronage return in issued or un- issued shares, subject to certain conditions. (Section 151.)
5. New power is given to corporations with share capital to purchase shares for redemption in certain circumstances and subject to
snares lor reaemption m certam certain conditions. (Section 152.)
6. The provisions of section 153 authorize the distribution of surplus on the dissolution of a corporation.
7. Corporations are given additional powers to pass by-laws, parti- cularly with respect to the establishment of groups and the author- izing of the appointment of delegates to represent groups of share- holders or members. (Section 154.)
8. Sections 155, 157, 158 and 158a are new.
Section 2. Provision is made for permitting corporations operating under the present Part XII to continue such operation under certain circumstances.
155
No. 155 j^^y
BILL
An Act to amend The Companies Act.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembh of the Province of Ontario, enacts as follows:
1. Part XII of The Companies Act, as amended by section 3 »•▼• stat.. of The Companies Amendment Act, 1941 and section 5 of TAePart xir. Statute Law Amendment Act, 1942, is repealed and the following ^■*^''*'^*^- substituted therefor:
PART XII.
CO-OPERATIVE CORPORATIONS.
140. — (1) All corporations heretofore or hereafter madeAppiica> subject to Part XII of The Companies Act by the|i^;?t.**' letters patent or supplementary letters patent shall be subject to this Part.
(2) Except where inconsistent with the provisions of thisADphcation Part, the other provisions of this Act shall apply to** ^^" a corporation which is subject to this Part.
141. In this Part, except in subsections 3 and 5 of sec- "Corpora- tion 142, "corporation" and "company" shall mean "company" a corporation and company respectively which is **•''"•**• subject to this Part.
142. — (1) The corporate name of every corporation shall ^^^"^^ include the word "co-operative" as part thereof.
(2) Where a corporation, or any director, manager, Abbreria- officer, employee, shareholder or member uses the
name of the corporation the word "co-operative" may be abbreviated to "co-op".
(3) Any person, partnership, organization, society, asso- Off«nc««.
ciation, company or corporation, either unincor- porated or incorporated, not being a corporation subject to this Part, using in Ontario a name which
155
includes the word "co-operative" or any abbrevia- tion or derivation thereof shall be guilty of an offence, and any person using such name on behalf of such person, partnership, organization, society, associa- tion, company or corporation shall also be guilty of an offence, provided that where the word "co- operative" forms part of the corporate name of any corporation heretofore incorporated, the word may continue to be used as part of the corporate name.
Penalty. (4) Every person guilty of an offence under subsection 3
shall be liable to a fine not exceeding $100, and in default of payment to imprisonment for a term not exceeding three months.
Exceptions. (5) Subsection 3 shall not apply to a corporation incor-
porated by or under the authority of the Parliament of Canada or to a corporation which is licensed under
Rev. Stat., The Extra Provincial Corporations Act.
c. 252.
capftai. ^^^- — 0-) The share capital of a company shall consist
of one class of shares with a nominal or par value of $5 or any multiple of $5 not exceeding $100, to be designated as co-operative or co-op shares.
cenmcates. (2) Every share certificate shall,—
(a) bear upon its face the name of the com- pany, the words "incorporated as a co- operative company and subject to Part XII of The Companies Act of Ontario", and a state- ment of the authorized capital;
{h) state the number of shares represented thereby;
(c) state that shares are not transferable without the authorization of the directors;
{d) set forth the provisions of section 152;
{e) state that the dividend, if any, to which the holder of a share may become entitled shall not exceed eight per centum per annum on the amount paid up thereon ; and
(/) state that the company may by by-law limit the amount to be distributed for each share on the dissolution of the company to the amount paid up on such share together with declared and unpaid dividends.
155
rnn.tJ T °^«^^)orations without share m*„,.t ca ital may^be in the form of loans from members. '~"- called member loans, and such loans mav be in such amounts, payable on demand or at such times and either without interest or with interest at a rate . not exceeding six per centum per annum, as the by-laws may provide.
(2) A corporation may borrow money from its share- Pow.r to
holders or members in such amount or amounts as is m/m bi^'S?' specihed in the by-laws of the corporation and such "'"♦•■•»>"'<««™- loans may not bear interest or ma\- bear interest at such rate not exceeding six per centum per annum as may be specified in the by-laws.
(3) A corporation may enact b>-laws requiring members CompuUory or shareholders to make a loan or loans of the whole '**""'"*'*'"*- or such part of the patronage returns as the directors
may determine, and prescribing the terms and condi- tions of such loans and whether such loans shall not bear interest or shall bear interest at a rate not exceeding six per centum per annum.
145. Where a member of a corporation without share Termination capital dies or does not transact any business withblrehip.' the corporation for a period of one year, the directors may terminate the membership, and upon such ter- mination the corporation shall pay any money owing to the member.
146. — (1) No share of a company shall be transferred Transfer unless authorized by the board of directors. " " *™*'
(2) No membership in a corporation without share '"•'«*>•'■- capital shall be transferred unless authorized by the board of directors.
147. — (1) No individual member or shareholder of a ^'o*'"«- corporation shall vote by proxy.
(2) No individual member or shareholder of a corporation idem, shall have more than one vote.
(3) A corporate member or shareholder may appoint, Voting by ^ ' ^ r ' rt- !• corporate
under its corporate seal, one of its ofhcers or directors njembere or
,, -.iif.. .• /■ ahareholdem.
to attend and vote on its behalf at meetings of
members or shareholders, and such officer or director shall have only one vote.
148. To qualify for election as a director, a person need Quaimca- not be a member or shareholder provide<l he is a director.
155
director or officer of a corporate member or share- holder.
Reserve fund and divi- dends.
Distribution of net surplus.
Idem.
Patronage return.
Limitation on patronage return.
149. A corporation may by by-law provide that, before any distribution of surplus arising from the business of the corporation in each fiscal year, the corporation may,—
(a) set aside reserve funds;
(b) provide for the payment of dividends on the
share capital at a rate not to exceed eight per centum per annum on the amount paid up thereon .
150. — (1) Subject to section 149, the net surplus arising from the business of the corporation in each fiscal year shall be allocated, credited or paid to the members or shareholders in proportion to the business done by each member or shareholder with or through the corporation computed at a rate in relation to the quantity, quality or value of the goods or products acquired, marketed, handled, dealt in or sold, or services rendered by, the corporation from or on behalf of or to the member or shareholder, whether as principal or as agent of the member or share- holder or otherwise, with appropriate differences in the rate for different classes, grades or qualities thereof.
(2) The corporation may b\' by-law provide that part of
the net surplus may be allocated, credited or paid to non-members or non-shareholders at the same or at a lesser rate than that paid to members or share- holders.
(3) The amount which is allocated, credited or paid to
members, shareholders, non-members or non-share- holders in each fiscal year shall be known as the patronage return.
(4) The corporation ma\- b\- by-law provide that where
the value of the goods or jtroducts acquired, marketed, handled, dealt in or sold, or services rendered by, the corporation from or on behalf of or to any member, shareholder, non-member or non-share- holder in any year does not e.xceed $50, or such lesser amount as may be specified in the by-law, no patronage return shall be allocated, credited or paid to such member, shareholder, non -member or non- shareholder.
155
151. — (1) Subject to subsection 4, a company may by in»«»tin«nt by-law provide that a shareholder shall in each year &urn?***** be required to invest the whole or such jjart of his patronage return as the directors may require in a stated number of unissued sharesof the comjwny until in the opinion of the ho ml of directors the issued capital is sufficient for the prof)er financing of the company, and thereafter in a stated number of issued shares of the company if obtainable.
(2) Where a company has enacted a by-law under sub- Notio*.
section 1, and the whole or part of the patronage return of a shareholder is required to be invested in issued shares, the company shall mail a written notice to such shareholder statinjj; the number of shares to be purchased by him.
(3) Unless within thirty (la\s from the date of mailing Purchase of of the notice referred to in subsection 2, the share- beKSf of holder required to purchase issued shares has pre-Ji^qSi^^t? sented for transfer to himself the number of shares '*"'"*^'**^' which he is required to purchase, the company may
on behalf of such shareholder, —
(a) purchase the required number of shares from shareholders who are willing to sell shares;
(b) pay out of the patronage return of such share-
holder the purchase price;
(c) transfer such shares to the shareholder; and
(d) issue and forward to such shareholder a cer- tificate representing such shares.
(4) No shareholder shall be required to invest his patron- Proviso.
age return, —
(a) in issued or unissued shares when the company
is insolvent, or at a price in excess of the par value of such shares; or
(b) in issued shares when no such shares are avail-
able for purchase.
152.-(1) Subject to subsections 2 and 3, a company Purchag. of
oompanr.
may,—
(a) with the consent of a shareholder, purchase for redemption all or part of the shares held by such shareholder upon paNTiient of such an
155
amount, not exceeding the par value of the shares, as may be agreed upon ; and
(b) whenever a shareholder dies, or a corporate shareholder is about to be dissolved, or a shareholder has failed for a period of one year to transact any business with the company, purchase for redemption the shares of such shareholder at the book or par value whichever is less, or require the transfer of such shares to another person at the book or par value, whichever is less.
Prohibition re purchase for redemp- tion.
(2) No company shall, —
(a) use for the purchase of shares for redemption in any fiscal year, an amount in excess of fifty per centum of the accumulated reserve funds;
(b) purchase for redemption in any fiscal year more
than ten per centum of the shares outstanding at the beginning of the year;
(c) purchase shares for redemption when the com-
pany is insolvent or so as to render the com- pany insolvent, or so as to reduce the number of shareholders to less than ten.
Re-issue prohibited.
(3) A share purchased by a company for redemption shall not be re-issued.
Where cer- tificates of redeemed shares not surrendered.
(4) Where a shareholder whose shares are to be purchased for redemption fails to deliver to the company the certificate or certificates, if any, representing the shares the company may, after giving thirty days' notice of the purchase (which notice shall contain a request that the certificate or certificates, if any, be surrendered to the company for cancellation), pay the purchase price into a chartered bank to the credit of the shareholder and cancel such certificate or certificates on its books.
Distribution of assets upon disso- lution.
153. A corporation may enact by-laws providing that the distribution of the assets upon the dissolution of the corporation, after the payment of all debts and liabilities, including any declared and unpaid divi- dends, and the amount paid up on outstanding shares, if any, shall be in any one of the following ways, —
155
(a) equally among the members or shareholders
irrespective of the number of shares held by a
shareholder;
(b) among the members or shareholders at the
time of dissolution on the basis of patronage returns accrued to such members or share- holders during the five fiscal years immediately preceding the dissolution or since the date of incorporation ; or
(c) by paying the whole or part of the assets to a
charitable or community object or objects.
154. — (1) A corporation may enact by-laws providing By-i»w«. for, —
(a) dividing its members or shareholders into groups, either territorially or on the basis of common interest;
(b) the election of directors for each group on
the basis of the number of members or share- holders in each group or the volume of business done by each group with the corporation or both,
(c) the election of delegates or alternative dele-
gates to represent each group on the basis of the number of members or shareholders in each group or the volume of business done by each group with the corporation, or both;
(d) where all of the members or shareholders are corporations, the election of delegates and alternative delegates to represent such cor- porations on the basis of the number of members or shareholders in each corporation or the volume of business done by each cor- poration, or both;
(e) the manner and method of electing delegates;
(/) the holding of meetings of delegates;
(g) the power of delegates at meetings and pro- viding that a meeting of delegates shall for all purposes be deemed to be a meeting of the members or shareholders;
(h) the holding of meetings of members, share- holders or delegates territorially or on the basis of common interest;
155
8
Voting.
Qualifica- tion of delegate.
Proviso.
Distribu- tion of assets.
(i) the payment of expenses of delegates attending meetings.
(2) A delegate shall have only one vote and shall not
vote by proxy.
(3) No person shall be elected a delegate who is not either a member or shareholder of a corporation or a director, officer, member or shareholder of a corporate member or shareholder of the corporation.
(4) No such by-law shall limit the rights of a member or shareholder at meetings of delegates other than the right to vote.
155. On any distribution of the assets of a corporation without share capital, member loans and patronage returns which are loaned to the corporation shall rank after the ordinary creditors.
Duties.
Filing by-laws.
156. — (1) Every corporation shall, —
(a) file in the office of the Provincial Secretary within thirty days after confirmation by the members or shareholders, copies of all its by-laws certified under its corporate seal;
Delivering copies of by-laws.
(b) deliver a copy of the by-laws to a member or shareholder when requested in writing so to do;
Transmit statements to Provincial Secretary.
(c) transmit forthwith to the office of the Provin- cial Secretary a copy of the balance sheet, statement of income and expenditure and report of the auditor presented at the last annual meeting;
Delivering statements to members.
(d) deliver to every member on demand in writing a copy of the said balance sheet, statement of income and expenditure and report of the auditor.
Penalty.
By-laws to be con- firmed.
(2) If a corporation fails to comply with subsection 1 it shall be liable on summary conviction to a penalty of not more than $100, and every director and officer of the corporation who authorizes or permits such failure shall on summary conviction be liable to a like penalty.
157. — (1) The by-laws of a corporation passed pursuant to the authority of this Part shall not take effect
155
until confirmed by a vote of two-thirds of the members or shareholders present or represented at a meeting duly called for considering the same.
(2) The by-laws of the corporation shall bind the cor-By-iaw»» poration and its members or shareholders to the same ""'''•**• extent as if the by-laws had respectively been signed and sealed by each member or shareholder and con- tained covenants on behalf of each member or shareholder, their heirs, executors and administra- tors to conform thereto subject to the provisions of this Act.
158. — (1) Where any shareholder or member of a cor- Payment of poration dies intestate, the purchase price of shares ah^holdwr held by such a shareholder which are purchased for °' "'*'" ^' redemption and any money owed to such a share- holder or such a member may be paid without letters of administration to the person or persons who appear to a majority of the directors, upon such evidence as they may deem satisfactory, to be entitled to receive the same.
(2) Whenever the directors make any payment pursuant Effect of to subsection 1, the payment shall be valid and effec- pay"™*"*- tual against any demand made upon the directors or
the corporation by any other person.
(3) This section shall only apply where the par value of A^pjjcat^on
the shares held by, together with the amount owing" '^^ °°' to a deceased shareholder, or where the amount owing to a deceased member, does not exceed $200.
158a.— (1) No corporation shall make any contribution PoUt^^J^j^^ either in money or in kind, either directly or m- prohibited, directly, to any person for the advancement of the interests of any political party or to any association or organization which has for its object or one of its objects the advancement of the interests of any political party.
(2) Where a corporation contravenes the provisions of Penalty. subsection 1, every director and officer of the cor- poration shall be guilty of an offence and hable upon summary conviction to a penalty not exceeding $500 and in default of payment shall be imprisoned for a period not exceeding three months.
158&. A corporation shall have power to ^/J.^",^"' ^"^ ^-dTd^i^^'Sr courage and assist educational and advisory work^^rt. relating to co-operation and co-operatives.
155
10
Powers of Provincial Secretary as to accounts.
158c. — (1) The Provincial Secretary may upon the application of any ten shareholders or members each of whom has been a shareholder or member for not less than six months immediately preceding the date of the application or upon the application of more than one-third of the total number of such share- holders or members, —
Expenses of audit, etc.
Powers of auditor or inspector.
(a) require the corporation to make a return upon any special subject connected with the affairs of the corporation, and the corporation shall make such return within the term men- tioned in the notice requiring such return;
(b) appoint an accountant to audit the books of the
corporation and to report thereon ;
(c) appoint an inspector or inspectors to examine,
inspect and report upon the affairs of the corporation ;
(d) call a special meeting of the corporation;
(e) direct at what time and place a special meeting
called as aforesaid is to be held, and what matters are to be discussed and determined at the meeting, and the meeting shall have all the powers of a meeting called according to the by-laws of the corporation, and shall in all cases have power to appoint its own chair- man, any by-laws of the corporation not- withstanding.
(2) The expenses incidental to such audit, inspection, or
meeting shall be defrayed by the shareholders or members applying for the same, or officers, or former shareholders, members or officers, in such proportion as the Provincial Secretary shall direct.
(3) An auditor or inspector appointed under this section
may require the production of all or any of the books, accounts, securities and documents of the corporation and may require its officers, shareholders, members, agents and servants to furnish such evidence as may be deemed advisable in relation to its business.
Proviso. 2. — (1) The share capital of a company which heretofore
was subject to Part XII of The Companies Act as repealed by section 1 of this Act, shall not be affected by subsection 1 of section 143 of The Companies Act as re-enacted by section 1 of this Act.
155
11
(2) The Lieutenant-Governor in Council may relieve any idem. company or companies which heretofore were subject to Part XII of The Companies Act as re[)eale(l by section 1 of this Act, from compliance with any of the provisions of the said Part XII as re-enacted by the said section 1, subject to such terms and conditions and to the extent set out in theOrder- in-Council.
3. This Act shall come into force on a day to be named by commenoe- the Lieutenant-Governor by his Proclamation. "*•"* °' ^°*-
4. This Act may be cited as The Companies Amendment shonuu: Act, 1948 {No. 2).
155
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No. 156
4th Session. 22nd Legislature. Ontario 12 George VI, 1948
BILL
An Act for granting to His Majesty certain sums of money for the Public Service of the financial year ending the 31st day of
March, 1949.
Mr. Frost
TORONTO
Printed and Published by Baptist Johnston
Printer to the King's Most Excellent Majesty
No. 156 ,,^4y
BILL
An Act for granting to His Majesty certain sums of
money for the Public Ser\'ice of the financial
year ending the 31st day of March, 1949.
Most Gracious Sovereign:
WHERPIAS it appears by message from (he Honourable J'rc.i ■ Ray Lawson, Lieutenant-Governor of the Province of Ontario, and the estimates accompanying the same, that the sums hereinafter mentioned in the schedule to this Act are required to defray certain expenses of the public service of this Province, not othenvise provided for, for the financial year ending the 31st day of March, 1949, and for other pur- poses connected with the public service; May it therefore please Your Majesty that it may be enacted, and it is hereby enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembl>- of the Province of Ontario, as follows:
1. From and out of the Consolidated Revenue Fund of t^i'^^li^j^jj^^-- Province, there may be paid and applied a sum not exceeding en'inted for in the whole one hundred and forty-nine million, sixty-four 1943.49.** thousand, six hundred and nineteen dollars towards defraying the several charges and expenses of the public service of this Province, not otherwise provided for, from the 1st day of April, 1948, to the 31st day of March, 1949, as set forth in schedule A to this Act, and such sum shall be paid and applied only in accordance with the votes and items of the estimates upon Avhich such schedule is based.
2 Accounts in detail of all moneys received on account of a^^^^UT'* *° this Province during the financial year 1948-49 and of all ^fo^™^,^ expenditures under schedule A of this Act shall be laid before
the Legislative Assembly at the first sitting after the 31st day of December, 1948.
3 Any part of the money under schedule A appropriated : bv this Act out of the Consolidated Revenue, which may ^ , unexpended on the 31st day of March. 1949 shall not betoUp^ expended thereafter, except in the pa>-ment of accounts and
156
Ullf X|'«'Iii>«»U
Hvv. Slut, c. 24.
expenses incurred on or prior to tlie siiicUday; and all balances remaining unexpended after the said date or at such subse- quent date as niay be fixed by the Lieutenant-Governor in Council under the provisions of The Audit Act shall lapse and be written off.
^r*^expendf- '*• ^ '^^ ^^^^ application of all moneys expended under this ture. Act out of the Consolidated Revenue shall be accounted for
to His Majesty.
Commence- 5. This Act shall come into force on the da\' upon which it ment of Act. . ., t> i a 4.
receives the Royal Assent. Short title. 6. This Act may be cited as The Supply Act, 1948.
156
SCHEDULE A
Sums granted to His Majesty by this Act for the financial year ending on the thirty-first day of March, one thousand nine hundred and forty-nine to defray expenses of:
Agriculture Department S 5,867,920. IM)
Attorney-General's Department 6,006,165.00
Education Department 41,453,(K)0.OO
Health Department 2l!8%.800. 00
Highways Department 2,666,800.00
Insurance Department 96,700.00
Labour Department 4,860,992. 00
Lands and Forests Department 8,192,000. 00
Lieutenant-Governor's Office 14,000.00
Mines Department 757,700. 00
Municipal Affairs Department 650,500.00
Planning and Development Department 598,845.00
Prime Minister's Office 33,360. 00
Provincial Auditor's Office 1 74,500. 00
Provincial Secretary's Department 1,517,700.00
Provincial Treasurer's Department 2,251.050.00
Public Welfare Department 36,041.737.00
Public Works Department 9,675,000.00
Reform Institutions Department 5,691,900.00
Travel and Publicitv Department 467,950.00
Miscellaneous 150.000.00
Total estimates for expenditure of 1948-
1949 $149,064.619. 00
156
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